Internet Guide to International Fisheries Law 2000
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UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 1982
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Done at Montego Bay, Jamaica, 10 December 1982
Entry into force, 16 November 1994
PREAMBLE
The States Parties to this Convention,
PROMPTED by the desire to settle, in a spirit of mutual understanding and
co-operation, all issues relating to the law of the sea and aware of the
historic significance of this Convention as an important contribution to
the maintenance of peace, justice and progress for all peoples of the
world,
NOTING that developments since the United Nations Conferences on the Law of
the Sea held at Geneva in 1958 and 1960 have accentuated the need for a new
and generally acceptable Convention on the law of the sea,
CONSCIOUS that the problems of ocean space are closely interrelated and
need to be considered as a whole,
RECOGNIZING the desirability of establishing through this Convention, with
due regard for the sovereignty of all States, a legal order for the seas
and oceans which will facilitate international communication, and will
promote the peaceful uses of the seas and oceans, the equitable and
efficient utilization of their resources, the conservation of their living
resources, and the study, protection and preservation of the marine
environment,
BEARING IN MIND that the achievement of these goals will contribute to the
realization of a just and equitable international economic order which
takes into account the interests and needs of mankind as a whole and, in
particular, the special interests and needs of developing countries,
whether coastal or land-locked,
DESIRING by this Convention to develop the principles embodied in
resolution 2749 (XXV) of 17 December 1970 in which the General Assembly of
the United Nations solemnly declared inter ail that the area of the sea-bed
and ocean floor and the subsoil thereof, beyond the limits of national
jurisdiction, as well as its resources, are the common heritage of mankind,
the exploration and exploitation of which shall be carried out for the
benefit of mankind as a whole, irrespective of the geographic allocation of
States,
BELIEVING that the codification and progressive development of the law of
the sea achieved in this Convention will contribute to the strengthening of
peace, security, co-operation and friendly relations among all nations in
conformity with the principles of justice and equal rights and will promote
the economic and social advancement of all peoples of the world, in
accordance with the Purposes and Principles of the United Nations as set
forth in the Charter,
AFFIRMING that matters not regulated by this Convention continue to be
governed by the rules and principles of general international law,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
USE OF TERMS AND SCOPE
1. For the purposes of this Convention:
(1) «Area» means the sea-bed and ocean floor and subsoil thereof beyond the
limits of national jurisdiction;
(2) «Authority» means the International Sea-Bed Authority;
(3) «activities in the Area» means all activities of exploration for, and
exploitation of, the resources of the Area;
(4) «pollution of the marine environment» means the introduction by man,
directly or indirectly, of substances or energy into the marine
environment, including estuaries, which results or is likely to result in
such deleterious effects as harm to living resources and marine life,
hazards to human health, hindrance to marine activities, including fishing
and other legitimate uses of the sea, impairment of quality for use of sea
water and reduction of amenities;
(5) (a) «dumping» means:
(i) any deliberate disposal of wastes or other matter from vessels,
aircraft, platforms or other man-made structures at sea;
(ii) any deliberate disposal of vessels, aircraft, platforms or other
man-made structures at sea
(b) «dumping» does not include:
(i) the disposal of wastes or other matter incidental to, or derived from
the normal operations of vessels, aircraft, platforms or other man-made
structures at sea and their equipment, other than wastes or other matter
transported by or to vessels, aircraft, platforms or other man-made
structures at sea, operating for the purpose of disposal of such matter or
derived from the treatment of such wastes or other matter on such vessels,
aircraft, platforms or structures;
(ii) placement of matter for a purpose other than the mere disposal
thereof, provided that such placement is not contrary to the aims of this
Convention.
2. (1) «States Parties» means States which have consented to be bound by
this Convention and for which this Convention is in force.
(2) This Convention applies mutatis mutandis to the entities referred to in
article 305, paragraph 1(b), (c), (d), (e) and (f), which become Parties to
this Convention in accordance with the conditions relevant to each, and to
that extent «States Parties» refers to those entities.
PART II
TERRITORIAL SEA AND CONTIGUOUS ZONE
SECTION 1. GENERAL PROVISIONS
Article 2
LEGAL STATUS OF THE TERRITORIAL SEA, OF THE AIR SPACE OVER THE TERRITORIAL
SEA AND OF ITS BED AND SUBSOIL
1. The sovereignty of a coastal State extends, beyond its land territory
and internal waters and, in the case of an archipelagic State, its
archipelagic waters, to an adjacent belt of sea, described as the
territorial sea.
2. This sovereignty extends to the air space over the territorial sea as
well as to Its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to this
Convention and to other rules of international law.
SECTION 2. LIMITS OF THE TERRITORIAL SEA
Article 3
BREADTH OF THE TERRITORIAL SEA
Every State has the right to establish the breadth of its territorial sea
up to a limit not exceeding 12 nautical miles, measured from baselines
determined in accordance with this Convention.
Article 4
OUTER LIMIT OF THE TERRITORIAL SEA
The outer limit of the territorial sea is the line every point of which is
at a distance from the nearest point of the baseline equal to the breadth
of the territorial sea.
Article 5
NORMAL BASELINE
Except where otherwise provided in this Convention, the normal baseline for
measuring the breadth of the territorial sea is the low-water line along
the coast as marked on large-scale charts officially recognized by the
coastal State.
Article 6
REEFS
In the case of islands situated on atolls or of islands having fringing
reefs, the baseline for measuring the breadth of the territorial sea is
these award low-water line of the reef, as shown by the appropriate symbol
on charts officially recognized by the coastal State.
Article 7
STRAIGHT BASELINES
1. In localities where the coastline is deeply indented and cut into, or if
there is a fringe of islands along the coast in its immediate vicinity, the
method of straight baselines joining appropriate points may be employed in
drawing the baseline from which the breadth of the territorial sea is
measured.
2. Where because of the presence of a delta and other natural conditions
the coastline is highly unstable, the appropriate points may be selected
along the furthest seaward extent of the low-water line and,
notwithstanding subsequent regression of the low-water line, the straight
baselines shall remain effective until changed by the coastal State in
accordance with this Convention.
3. The drawing of straight baselines must not depart to any appreciable
extent from the general direction of the coast, and the sea areas lying
within the lines must be sufficiently closely linked to the land domain to
be subject to the regime of internal waters.
4. Straight baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above sea
level have been built on them or except in instances where the drawing of
baselines to and from such elevations has received general international
recognition.
5. Where the method of straight baselines is applicable under paragraph 1,
account may be taken, in determining particular baselines, of economic
interests peculiar to the region concerned, the reality and the importance
of which are clearly evidenced by long usage.
6. The system of straight baselines may not be applied by a State in such a
manner as to cut off the territorial sea of another State from the high
seas or an exclusive economic zone.
Article 8
INTERNAL WATERS
1. Except as provided in Part IV, waters on the land ward side of the
baseline of the territorial sea form part of the internal waters of the
State.
2. Where the establishment of a straight baseline in accordance with the
method set forth in article 7 has the effect of enclosing as internal
waters areas which had not previously been considered as such, a right of
innocent passage as provided in this Convention shall exist in those
waters.
Article 9
MOUTHS OF RIVERS
If a river flows directly into the sea, the baseline shall be a straight
line across the mouth of the river between points on the low-water line of
its banks.
Article 10
BAYS
1. This article relates only to bays the coasts of which belong to a single
State.
2. For the purposes of this Convention, a bay is a well-marked indentation
whose penetration is in such proportion to the width of its mouth as to
contain land-locked waters and constitute more than a mere curvature of the
coast. An indentation shall not, however, be regarded as a bay unless its
area is as large as, or larger than, that of the semi-circle whose diameter
is a line drawn across the mouth of that indentation.
3. For the purpose of measurement, the area of an indentation is that lying
between the low-water mark around the shore of the indentation and a line
joining the low-water mark of its natural entrance points. Where, because
of the presence of islands, an indentation has more than one mouth, the
semicircle shall be drawn on a line as long as the sum total of the lengths
of the lines across the different mouths. Islands within an indentation
shall be included as if they were part of the water area of the
indentation.
4. If the distance between the low-water marks of the natural entrance
points of a bay does not exceed 24 nautical miles, a closing line may be
drawn between these two low-water marks, and the waters enclosed thereby
shall be considered as internal waters.
5. Where the distance between the low-water marks of the natural entrance
points of a bay exceeds 24 nautical miles, a straight baseline of 24
nautical miles shall be drawn within the bay in such a manner as to enclose
the maximum area of water that is possible with a line of that length.
6. The foregoing provisions do not apply to so-called «historic» bays, or
in any case where the system of straight baselines provided for in article
7 is applied.
Article 11
PORTS
For the purpose of delimiting the territorial sea, the outermost permanent
harbour works which form an integral part of the harbour system are
regarded as forming part of the coast. Off-shore installations and
artificial islands shall not be considered as permanent harbour works.
Article 12
ROADSTEADS
Roadsteads which are normally used for the loading, unloading and anchoring
of ships, and which would otherwise be situated wholly or partly outside
the outer limit of the territorial sea, are included in the territorial
sea.
Article 13
LOW-TIDE ELEVATIONS
1. A low-tide elevation is a naturally formed area of land which is
surrounded by and above water at low tide but submerged at high tide. Where
a low-tide elevation is situated wholly or partly at a distance not
exceeding the breadth of the territorial sea from the mainland or an
island, the low-water line on that elevation may be used as the baseline
for measuring the breadth of the territorial sea.
2. Where a low-tide elevation is wholly situated at a distance exceeding
the breadth of the territorial sea from the mainland or an island, it has
no territorial sea of its own.
Article 14
COMBINATION OF METHODS FOR DETERMINING BASELINES
The coastal State may determine baselines in turn by any of the methods
provided for in the foregoing articles to suit different conditions.
Article 15
DELIMITATION OF THE TERRITORIAL SEA BETWEEN STATES WITH OPPOSITE OR
ADJACENT COASTS
Where the coasts of two States are opposite or adjacent to each other,
neither of the two States is entitled, failing agreement between them to
the contrary, to extend its territorial sea beyond the median line every
point of which is equidistant from the nearest points on the baselines from
which the breadth of the territorial seas of each of the two States is
measured. The above provision does not apply, however, where it is
necessary by reason of historic title or other special circumstances to
delimit the territorial seas of the two States in a way which is at
variance therewith.
Article 16
CHARTS AND LISTS OF GEOGRAPHICAL CO-ORDINATES
1. The baselines for measuring the breadth of the territorial sea
determined in accordance with articles 7, 9 and 10, or the limits derived
therefrom, and the lines of delimitation drawn in accordance with articles
12 and 15 shall be shown on charts of a scale or scales adequate for
ascertaining their position. Alternatively, a list of geographical
co-ordinates of points, specifying the geodetic datum, may be substituted.
2. The coastal State shall give due publicity to such charts or lists of
geographical co-ordinates and shall deposit a copy of each such chart or
list with the Secretary-General of the United Nations.
SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA
SUBSECTION A. RULES APPLICABLE TO ALL SHIPS
Article 17
RIGHT OF INNOCENT PASSAGE
Subject to this Convention, ships of all States, whether coastal or
land-locked, enjoy the right of innocent passage through the territorial
sea.
Article 18
MEANING OF PASSAGE
1. Passage means navigation through the territorial sea for the purpose of:
(a) traversing that sea without entering internal waters or calling at a
roadstead or port facility outside internal waters; or (b) proceeding to or
from internal waters or a call at such road stead or port facility.
2. Passage shall be continuous and expeditious. However, passage includes
stopping and anchoring, but only in so far as the same are incidental to
ordinary navigation or are rendered necessary by force majeure or distress
or for the purpose of rendering assistance to persons, ships or aircraft in
danger or distress.
Article 19
MEANING OF INNOCENT PASSAGE
1. Passage is innocent so long as it is not prejudicial to the peace, good
order or security of the coastal State. Such passage shall take place in
conformity with this Convention and with other rules of international law.
2. Passage of a foreign ship shall be considered to be prejudicial to the
peace, good order or security of the coastal State if in the territorial
sea it engages in any of the following activities:
(a) any threat or use of force against the sovereignty, territorial
integrity or political independence of the coastal State, or in any other
manner in violation of the principles of international law embodied in the
Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the defence
or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of the
coastal State; (e) the launching, landing or taking on board of any
aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person contrary
to the customs, fiscal, immigration or sanitary laws and regulations of the
coastal State;
(h) any act of wilful and serious pollution contrary to this Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of communication or any
other facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.
Article 20
SUBMARINES AND OTHER UNDERWATER VEHICLES
In the territorial sea, submarines and other underwater vehicles are
required to navigate on the surface and to show their flag.
Article 21
LAWS AND REGULATIONS OF THE COASTAL STATE RELATING TO INNOCENT PASSAGE
1. The coastal State may adopt laws and regulations, in conformity with the
provisions of this Convention and other rules of international law,
relating to innocent passage through the territorial sea, in respect of all
or any of the following:
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other facilities
or installations;
(c) the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and regulations of
the coastal State;
(f) the preservation of the environment of the coastal State and the
prevention, reduction and control of pollution thereof;
(g) marine scientific research and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal, immigration or
sanitary laws and regulations of the coastal State.
2. Such laws and regulations shall not apply to the design, construction,
manning or equipment of foreign ships unless they are giving effect to
generally accepted international rules or standards.
3. The coastal State shall give due publicity to all such laws and
regulations.
4. Foreign ships exercising the right of innocent passage through the
territorial sea shall comply with all such laws and regulations and all
generally accepted international regulations relating to the prevention of
collisions at sea.
Article 22
SEA LANES AND TRAFFIC SEPARATION SCHEMES IN THE TERRITORIAL SEA
1. The coastal State may, where necessary having regard to the safety of
navigation, require foreign ships exercising the right of innocent passage
through its territorial sea to use such sea lanes and traffic separation
schemes as it may designate or prescribe for the regulation of the passage
of ships.
2. In particular, tankers, nuclear-powered ships and ships carrying nuclear
or other inherently dangerous or noxious substances or materials may be
required to confine their passage to such sea lanes.
3. In the designation of sea lanes and the prescription of traffic
separation schemes under this article, the coastal State shall take into
account:
(a) the recommendations of the competent international organization;
(b) any channels customarily used for international navigation;
(c) the special characteristics of particular ships and channels; and
(d) the density of traffic.
4. The coastal State shall clearly indicate such sea lanes and traffic
separation schemes on charts to which due publicity shall be given.
Article 23
FOREIGN NUCLEAR-POWERED SHIPS AND SHIPS CARRYING NUCLEAR OR OTHER
INHERENTLY DANGEROUS OR NOXIOUS SUBSTANCES
Foreign nuclear-powered ships and ships carrying nuclear or other
inherently dangerous or noxious substances shall, when exercising the right
of innocent passage through the territorial sea, carry documents and
observe special precautionary measures established for such ships by
international agreements.
Article 24
DUTIES OF THE COASTAL STATE
1. The coastal State shall not hamper the innocent passage of foreign ships
through the territorial sea except in accordance with this Convention. In
particular, in the application of this Convention or of any laws or
regulations adopted in conformity with this Convention, the coastal State
shall not:
(a) impose requirements on foreign ships which have the practical effect of
denying or impairing the right of innocent passage; or
(b) discriminate in form or in fact against the ships of any State or
against ships carrying cargoes to, from or on behalf of any State.
2. The coastal State shall give appropriate publicity to any danger to
navigation, of which it has knowledge, within its territorial sea.
Article 25
RIGHTS OF PROTECTION OF THE COASTAL STATE
1. The coastal State may take the necessary steps in its territorial sea to
prevent passage which is not innocent.
2. In the case of ships proceeding to internal waters or a call at a port
facility outside internal waters, the coastal State also has the right to
take the necessary steps to prevent any breach of the conditions to which
admission of those ships to internal waters or such a call is subject.
3. The coastal State may, without discrimination in form or in fact among
foreign ships, suspend temporarily in specified areas of its territorial
sea the innocent passage of foreign ships if such suspension is essential
for the protection of its security, including weapons exercises. Such
suspension shall take effect only after having been duly published.
Article 26
CHARGES WHICH MAY BE LEVIED UPON FOREIGN SHIPS
1. No charge may be levied upon foreign ships by reason only of their
passage through the territorial sea.
2. Charges may be levied upon a foreign ship passing through the
territorial sea as payment only for specific services rendered to the ship.
These charges shall be levied without discrimination.
SUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND GOVERNMENT SHIPS
OPERATED FOR COMMERCIAL PURPOSES
Article 27
CRIMINAL JURISDICTION ON BOARD A FOREIGN SHIP
1. The criminal jurisdiction of the coastal State should not be exercised
on board a foreign ship passing through the territorial sea to arrest any
person or to conduct any investigation in connection with any crime
committed on board the ship during its passage, save only in the following
cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the
good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the
master of the ship or by a diplomatic agent or consular officer of the flag
State; or
(d) if such measures are necessary for the suppression of illicit traffic
in narcotic drugs or psychotropic substances.
2. The above provisions do not affect the right of the coastal State to
take any steps authorized by its laws for the purpose of an arrest or
investigation on board a foreign ship passing through the territorial sea
after leaving internal waters.
3. In the cases provided for in paragraphs 1 and 2, the coastal State
shall, if the master so requests, notify a diplomatic agent or consular
officer of the flag State before taking any steps, and shall facilitate
contact between such agent or officer and the ship’s crew. In cases of
emergency this notification may be communicated while the measures are
being taken.
4. In considering whether or in what manner an arrest should be made, the
local authorities shall have due regard to the interests of navigation.
5. Except as provided in Part XII or with respect to violations of laws and
regulations adopted in accordance with Part V, the coastal State may not
take any steps on board a foreign ship passing through the territorial sea
to arrest any person or to conduct any investigation in connection with any
crime committed before the ship entered the territorial sea, if the ship,
proceeding from a foreign port, is only passing through the territorial sea
without entering internal waters.
Article 28
CIVIL JURISDICTION IN RELATION TO FOREIGN SHIPS
1. The coastal State should not stop or divert a foreign ship passing
through the territorial sea for the purpose of exercising civil
jurisdiction in relation to a person on board the ship.
2. The coastal State may not levy execution against or arrest the ship for
the purpose of any civil proceedings, save only in respect of obligations
or liabilities assumed or incurred by the ship itself in the course or for
the purpose of its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State, in
accordance with its laws, to levy execution against or to arrest, for the
purpose of any civil proceedings, a foreign ship lying in the territorial
sea, or passing through the territorial sea after leaving internal waters.
SUBSECTION C. RULES APPLICABLE TO WARSHIPS AND OTHER GOVERNMENT SHIPS
OPERATED FOR NON-COMMERCIAL PURPOSES
Article 29
DEFINITION OF WARSHIPS
For the purposes of this Convention, «warship» means a ship belonging to
the armed forces of a State bearing the external marks distinguishing such
ships of its nationality, under the command of an officer duly commissioned
by the government of the State and whose name appears in the appropriate
service list or its equivalent, and manned by a crew which is under regular
armed forces discipline.
Article 30
NON-COMPLIANCE BY WARSHIPS WITH THE LAWS AND REGULATIONS OF THE COASTAL
STATE
If any warship does not comply with the laws and regulations of the coastal
State concerning passage through the territorial sea and disregards any
request for compliance therewith which is made to it, the coastal State may
require it to leave the territorial sea immediately.
Article 31
RESPONSIBILITY OF THE FLAG STATE FOR DAMAGE CAUSED BY A WARSHIP OR OTHER
GOVERNMENT SHIP OPERATED FOR NON-COMMERCIAL PURPOSES
The flag State shall bear international responsibility for any loss or
damage to the coastal State resulting from the non-compliance by a warship
or other government ship operated for non-commercial purposes with the laws
and regulations of the coastal State concerning passage through the
territorial sea or with the provisions of this Convention or other rules of
international law.
Article 32
IMMUNITIES OF WARSHIPS AND OTHER GOVERNMENT SHIPS OPERATED FOR
NON-COMMERCIAL PURPOSES
With such exceptions as are contained in subsection A and in articles 30
and 31, nothing in this Convention affects the immunities of warships and
other government ships operated for non-commercial purposes.
SECTION 4. CONTIGUOUS ZONE
Article 33
CONTIGUOUS ZONE
1. In a zone contiguous to its territorial sea, described as the contiguous
zone, the coastal State may exercise the control necessary to: (a) prevent
infringement of its customs, fiscal, immigration or sanitary laws and
regulations within its territory or territorial sea; (b) punish
infringement of the above laws and regulations committed within its
territory or territorial sea.
2. The contiguous zone may riot extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is measured.
PART III
STRAITS USED FOR INTERNATIONAL NAVIGATION
SECTION 1. GENERAL PROVISIONS
Article 34
LEGAL STATUS OF WATERS FORMING STRAITS USED FOR INTERNATIONAL NAVIGATION
1. The regime of passage through straits used for international navigation
established in this Part shall not in other respects affect the legal
status of the waters forming such straits or the exercise by the States
bordering the straits of their sovereignty or jurisdiction over such waters
and their air space, bed and subsoil.
2. The sovereignty or jurisdiction of the States bordering the straits is
exercised subject to this Part and to other rules of international law.
Article 35
SCOPE OF THIS PART
Nothing in this Part affects:
(a) any areas of internal waters within a strait, except where the
establishment of a straight baseline in accordance with the method set
forth in article 7 has the effect of enclosing as internal waters areas
which had not previously been considered as such;
(b) the legal status of the waters beyond the territorial seas of States
bordering straits as exclusive economic zones or high seas; or
(c) the legal regime in straits in which passage is regulated in whole or
in part by long-standing international conventions in force specifically
relating to such straits.
Article 36
HIGH SEAS ROUTES OR ROUTES THROUGH EXCLUSIVE ECONOMIC ZONES THROUGH STRAITS
USED FOR INTERNATIONAL NAVIGATION
This Part does not apply to a strait used for international navigation if
there exists through the strait a route through the high seas or through an
exclusive economic zone of similar convenience with respect to navigational
and hydrographical characteristics; in such routes, the other relevant
Parts of this Convention, including the provisions regarding the freedoms
of navigation and overflight, apply.
SECTION 2. TRANSIT PASSAGE
Article 37
SCOPE OF THIS SECTION
This section applies to straits which are used for international navigation
between one part of the high seas or an exclusive economic zone and another
part of the high seas or an exclusive economic zone.
Article 38
RIGHT OF TRANSIT PASSAGE
1. In straits referred to in article 37, all ships and aircraft enjoy the
right of transit passage, which shall not be impeded; except that, if the
strait is formed by an island of a State bordering the strait and its
mainland, transit passage shall not apply if there exists seaward of the
island a route through the high seas or through an exclusive economic zone
of similar convenience with respect to navigational and hydrographical
characteristics.
. Transit passage means the exercise in accordance with this Part of the
freedom of navigation and overflight solely for the purpose of continuous
and expeditious transit of the strait between one part of the high seas or
an exclusive economic zone and another part of the high seas or an
exclusive economic zone. However, the requirement of continuous and
expeditious transit does not preclude passage through the strait for the
purpose of entering, leaving or returning from a State bordering the
strait, subject to the conditions of entry to that State.
3. Any activity which is not an exercise of the right of transit passage
through a strait remains subject to the other applicable provisions of this
Convention.
Article 39
DUTIES OF SHIPS AND AIRCRAFT DURING TRANSIT PASSAGE
1. Ships and aircraft, while exercising the right of transit passage,
shall:
(a) proceed without delay through or over the strait;
(b) refrain from any threat or use of force against the sovereignty,
territorial integrity or political independence of States bordering the
strait, or in any other manner in violation of the principles of
international law embodied in the Charter of the United Nations;
(c) refrain from any activities other than those incident to their normal
modes of continuous and expeditious transit unless rendered necessary by
force majeure or by distress;
(d) comply with other relevant provisions of this Part.
2. Ships in transit passage shall:
(a) comply with generally accepted international regulations, procedures
and practices for safety at sea, including the International Regulations
for Preventing Collisions at Sea;
(b) comply with generally accepted international regulations, procedures
and practices for the prevention, reduction and control of pollution from
ships.
3. Aircraft in transit passage shall:
(a) observe the Rules of the Air established by the International Civil
Aviation Organization as they apply to civil aircraft; state aircraft will
normally comply with such safety measures and will at all times operate
with due regard for the safety of navigation; (b) at all times monitor the
radio frequency assigned by the competent internationally designated air
traffic control authority or the appropriate international distress radio
frequency.
Article 40
RESEARCH AND SURVEY ACTIVITIES
During transit passage, foreign ships, including marine scientific research
and hydrographic survey ships, may not carry out any research or survey
activities without the prior authorization of the States bordering straits.
Article 41
SEA LANES AND TRAFFIC SEPARATION SCHEMES IN STRAITS USED FOR INTERNATIONAL
NAVIGATION
1. In conformity with this Part, States bordering straits may designate sea
lanes and prescribe traffic separation schemes for navigation in straits
where necessary to promote the safe passage of ships.
2. Such States may, when circumstances require, and after giving due
publicity thereto, substitute other sea lanes or traffic separation schemes
for any sea lanes or traffic separation schemes previously designated or
prescribed by them.
3. Such sea lanes and traffic separation schemes shall conform to generally
accepted international regulations.
4. Before designating or substituting sea lanes or prescribing or
substituting traffic separation schemes, States bordering straits shall
refer proposals to the competent international organization with a view to
their adoption. The organization may adopt only such sea lanes and traffic
separation schemes as may be agreed with the States bordering the straits,
after which the States may designate, prescribe or substitute them.
5. In respect of a strait where sea lanes or traffic separation schemes
through the waters of two or more States bordering the strait are being
proposed, the States concerned shall co-operate in formulating proposals in
consultation with the competent international organization.
6. States bordering straits shall clearly indicate all sea lanes and
traffic separation schemes designated or prescribed by them on charts to
which due publicity shall be given.
7. Ships in transit passage shall respect applicable sea lanes and traffic
separation schemes established in accordance with this article.
Article 42
LAWS AND REGULATIONS OF STATES BORDERING STRAITS RELATING TO TRANSIT
PASSAGE
1. Subject to the provisions of this section, States bordering straits may
adopt laws and regulations relating to transit passage through straits, in
respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic, as
provided in article 41;
(b) the prevention, reduction and control of pollution, by giving effect to
applicable international regulations regarding the discharge of oil, oily
wastes and other noxious substances in the strait;
(c) with respect to fishing vessels, the prevention of fishing, including
the stowage of fishing gear;
(d) the loading or unloading of any commodity, currency or person in
contravention of the customs, fiscal, immigration or sanitary laws and
regulations of States bordering straits.
2. Such laws and regulations shall not discriminate in form or in fact
among foreign ships or in their application have the practical effect of
denying, hampering or impairing the right of transit passage as defined in
this section.
3. States bordering straits shall give due publicity to all such laws and
regulations.
4. Foreign ships exercising the right of transit passage shall comply with
such laws and regulations.
5. The flag State of a ship or the State of registry of an aircraft
entitled to sovereign immunity which acts in a manner contrary to such laws
and regulations or other provisions of this Part shall bear international
responsibility for any loss or damage which results to States bordering
straits.
Article 43
NAVIGATIONAL AND SAFETY AIDS AND OTHER IMPROVEMENTS AND THE PREVENTION,
REDUCTION AND CONTROL OF POLLUTION
User States and States bordering a strait should by agreement co-operate:
(a) in the establishment and maintenance in a strait of necessary
navigational and safety aids or other improvements in aid of international
navigation; and
(b) for the prevention, reduction and control of pollution from ships.
Article 44
DUTIES OF STATES BORDERING STRAITS
States bordering straits shall not hamper transit passage and shall give
appropriate publicity to any danger to navigation or overflight within or
over the strait of which they have knowledge. There shall be no suspension
of transit passage.
SECTION 3. INNOCENT PASSAGE
Article 45
INNOCENT PASSAGE
1. The regime of innocent passage, in accordance with Part II, section 3
shall apply in straits used for international navigation:
(a) excluded from the application of the regime of transit passage under
article 38, paragraph 1; or
(b) between a part of the high seas or an exclusive economic zone and the
territorial sea of a foreign State.
2. There shall be no suspension of innocent passage through such straits.
PART IV
ARCHIPELAGIC STATES
Article 46
USE OF TERMS
For the purposes of this Convention:
(a) «archipelagic State» means a State constituted wholly by one or more
archipelagos and may include other islands;
(b) «archipelago» means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so closely
interrelated that such islands, waters and other natural features form an
intrinsic geographical, economic and political entity, or which
historically have been regarded as such.
Article 47
ARCHIPELAGIC BASELINES
1. An archipelagic State may draw straight archipelagic baselines joining
the outermost points of the outermost islands and drying reefs of the
archipelago provided that within such baselines are included the main
islands and an area in which the ratio of the area of the water to the area
of the land, including atolls, is between 1 to 1 and 9 to 1.
2. The length of such baselines shall not exceed 100 nautical miles, except
that up to 3 per cent of the total number of baselines enclosing any
archipelago may exceed that length, up to a maximum length of 125 nautical
miles.
3. The drawing of such baselines shall not depart to any appreciable extent
from the general configuration of the archipelago.
4. Such baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above sea
level have been built on them or where a low-tide elevation is situated
wholly or partly at a distance not exceeding the breadth of the territorial
sea from the nearest island.
5. The system of such baselines shall not be applied by an archipelagic
State in such a manner as to cut off from the high seas or the exclusive
economic zone the territorial sea of another State.
6. If a part of the archipelagic waters of an archipelagic State lies
between two parts of an immediately adjacent neighbouring State, existing
rights and all other legitimate interests which the latter State has
traditionally exercised in such waters and all rights stipulated by
agreement between those States shall continue and be respected.
7. For the purpose of computing the ratio of water to land under paragraph
1, land areas may include waters lying within the fringing reefs of islands
and atolls, including that part of a steep-sided oceanic plateau which is
enclosed or nearly enclosed by a chain of limestone islands and drying
reefs lying on the perimeter of the plateau.
8. The baselines drawn in accordance with this article shall be shown on
charts of a scale or scales adequate for ascertaining their position.
Alternatively, lists of geographical co-ordinates of points, specifying the
geodetic datum, may be substituted.
9. The archipelagic State shall give due publicity to such charts or lists
of geographical co-ordinates and shall deposit a copy of each such chart or
list with the Secretary-General of the United Nations.
Article 48
MEASUREMENT OF THE BREADTH OF THE TERRITORIAL SEA, THE CONTIGUOUS ZONE, THE
EXCLUSIVE ECONOMIC ZONE AND THE CONTINENTAL SHELF
The breadth of the territorial sea, the contiguous zone, the exclusive
economic zone and the continental shelf shall be measured from archipelagic
baselines drawn in accordance with article 47.
Article 49
LEGAL STATUS OF ARCHIPELAGIC WATERS, OF THE AIR SPACE OVER ARCHIPELAGIC
WATERS AND OF THEIR BED AND SUBSOIL
1. The sovereignty of an archipelagic State extends to the waters enclosed
by the archipelagic baselines drawn in accordance with article 47,
described as archipelagic waters, regardless of their depth or distance
from the coast.
2. This sovereignty extends to the air space over the archipelagic waters,
as well as to their bed and subsoil, and the resources contained therein.
3. This sovereignty is exercised subject to this Part.
4. The regime of archipelagic sea lanes passage established in this Part
shall not in other respects affect the status of the archipelagic waters,
including the sea lanes, or the exercise by the archipelagic State of its
sovereignty over such waters and their air space, bed and subsoil, and the
resources contained therein.
Article 50
DELIMITATION OF INTERNAL WATERS
Within its archipelagic waters, the archipelagic State may draw closing
lines for the delimitation of internal waters, in accordance with articles
9, 10 and 11.
Article 51
EXISTING AGREEMENTS, TRADITIONAL FISHING RIGHTS AND EXISTING SUBMARINE
CABLES
1. Without prejudice to article 49, an archipelagic State shall respect
existing agreements with other States and shall recognize traditional
fishing rights and other legitimate activities of the immediately adjacent
neighbouring States in certain areas falling within archipelagic waters.
The terms and conditions for the exercise of such rights and activities,
including the nature, the extent and the areas to which they apply, shall,
at the request of any of the States concerned, be regulated by bilateral
agreements between them. Such rights shall not be transferred to or shared
with third States or their nationals.
2. An archipelagic State shall respect existing submarine cables laid by
other States and passing through its waters without making a landfall. An
archipelagic State shall permit the maintenance and replacement of such
cables upon receiving due notice of their location and the intention to
repair or replace them.
Article 52
RIGHT OF INNOCENT PASSAGE
1. Subject to article 53 and without prejudice to article 50, ships of all
States enjoy the right of innocent passage through archipelagic waters, in
accordance with Part II, section 3.
2. The archipelagic State may, without discrimination in form or in fact
among foreign ships, suspend temporarily in specified areas of its
archipelagic waters the innocent passage of foreign ships if such
suspension is essential for the protection of its security. Such suspension
shall take effect only after having been duly published.
Article 53
RIGHT OF ARCHIPELAGIC SEA LANES PASSAGE
1. An archipelagic State may designate sea lanes and air routes thereabove,
suitable for the continuous and expeditious passage of foreign ships and
aircraft through or over its archipelagic waters and the adjacent
territorial sea.
2. All ships and aircraft enjoy the right of archipelagic sea lanes passage
in such sea lanes and air routes.
3. Archipelagic sea lanes passage means the exercise in accordance with
this Convention of the rights of navigation and over flight in the normal
mode solely for the purpose of continuous, expeditious and unobstructed
transit between one part of the high seas or an exclusive economic zone and
another part of the high seas or an exclusive economic zone.
4. Such sea lanes and air routes shall traverse the archipelagic waters and
the adjacent territorial sea and shall include all normal passage routes
used as routes for international navigation or over flight through or over
archipelagic waters and, within such routes, so far as ships are concerned,
all normal navigational channels, provided that duplication of routes of
similar convenience between the same entry and exit points shall not be
necessary.
5. Such sea lanes and air routes shall be defined by a series of continuous
axis lines from the entry points of passage routes to the exit points.
Ships and aircraft in archipelagic sea lanes passage shall not deviate more
than 25 nautical miles to either side of such axis lines during passage,
provided that such ships and aircraft shall not navigate closer to the
coasts than 10 per cent of the distance between the nearest points on
islands bordering the sea lane.
6. An archipelagic State which designates sea lanes under this article may
also prescribe traffic separation schemes for the safe passage of ships
through narrow channels in such sea lanes.
7. An archipelagic State may, when circumstances require, after giving due
publicity thereto, substitute other sea lanes or traffic separation schemes
for any sea lanes or traffic separation schemes previously designated or
prescribed by it.
8. Such sea lanes and traffic separation schemes shall conform to generally
accepted international regulations.
9. In designating or substituting sea lanes or prescribing or substituting
traffic separation schemes, an archipelagic State shall refer proposals to
the competent international organization with a view to their adoption. The
organization may adopt only such sea lanes and traffic separation schemes
as may be agreed with the archipelagic State, after which the archipelagic
State may designate, prescribe or substitute them.
10. The archipelagic State shall clearly indicate the axis of the sea lanes
and the traffic separation schemes designated or prescribed by it on charts
to which due publicity shall be given.
11. Ships in archipelagic sea lanes passage shall respect applicable sea
planes and traffic separation schemes established in accordance with this
article.
12. If an archipelagic State does not designate sea lanes or air routes,
the right of archipelagic sea lanes passage may be exercised through the
routes normally used for internal navigation.
Article 54
DUTIES OF SHIPS AND AIRCRAFT DURING THEIR PASSAGE, RESEARCH AND SURVEY
ACTIVITIES, DUTIES OF THE ARCHIPELAGIC STATE AND LAWS AND REGULATIONS OF
THE ARCHIPELAGIC STATE RELATING TO ARCHIPELAGIC SEA LANES PASSAGE
Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic sea lanes
passage.
PART V
EXCLUSIVE ECONOMIC ZONE
Article 55
SPECIFIC LEGAL REGIME OF THE EXCLUSIVE ECONOMIC ZONE
The exclusive economic zone is an area beyond and adjacent to the
territorial sea, subject to the specific legal regime established in this
Part, under which the rights and jurisdiction of the coastal State and the
rights and freedoms of other States are governed by the relevant provisions
of this Convention.
Article 56
RIGHTS, JURISDICTION AND DUTIES OF THE COASTAL STATE IN THE EXCLUSIVE
ECONOMIC ZONE
1. In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or
non-living, of the waters superjacent to the sea-bed and of the sea-bed and
its subsoil, and with regard to other activities for the economic
exploitation and exploration of the zone, such as the production of energy
from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this
Convention with regard to:
(i) the establishment and use of artificial islands, installations and
structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under this Convention
in the exclusive economic zone, the coastal State shall have due regard to
the rights and duties of other States and shall act in a manner compatible
with the provisions of this Convention.
3. The rights set out in this article with respect to the sea-bed and
subsoil shall be exercised in accordance with Part VI.
Article 57
BREADTH OF THE EXCLUSIVE ECONOMIC ZONE
The exclusive economic zone shall not extend beyond 200 nautical miles from
the baselines from which the breadth of the territorial sea is measured.
Article 58
RIGHTS AND DUTIES OF OTHER STATES IN THE EXCLUSIVE ECONOMIC ZONE
1. In the exclusive economic zone all States, whether coastal or
land-locked, enjoy, subject to the relevant provisions of this Convention,
the freedoms referred to in article 87 of navigation and over flight and of
the laying of submarine cables and pipelines, and other internationally
lawful uses of the sea related to these freedoms, such as those associated
with the operation of ships, aircraft and submarine cables and pipelines,
and compatible with the other provisions of this Convention.
2. Articles 88 to 115 and other pertinent rules of international law apply
to the exclusive economic zone in so far as they are not incompatible with
this Part.
3. In exercising their rights and performing their duties under this
Convention in the exclusive economic zone, States shall have due regard to
the rights and duties of the coastal State and shall comply with the laws
and regulations adopted by the coastal State in accordance with the
provisions of this Convention and other rules of international law in so
far as they are not incompatible with this Part.
Article 59
BASIS FOR THE RESOLUTION OF CONFLICTS REGARDING THE ATTRIBUTION OF RIGHTS
AND JURISDICTION IN THE EXCLUSIVE ECONOMIC ZONE
In cases where this Convention does not attribute rights or jurisdiction to
the coastal State or to other States within the exclusive economic zone,
and a conflict arises between the interests of the coastal State and any
other State or States, the conflict should be resolved on the basis of
equity and in the light of all the relevant circumstances, taking into
account the respective importance of the interests involved to the parties
as well as to the international community as a whole.
Article 60
ARTIFICIAL ISLANDS, INSTALLATIONS AND STRUCTURES IN THE EXCLUSIVE ECONOMIC
ZONE
1. In the exclusive economic zone, the coastal State shall have the
exclusive right to construct and to authorize and regulate the
construction, operation and use of:
(a) artificial islands;
(b) installations and structures for the purposes provided for in article
56 and other economic purposes;
(c) installations and structures which may interfere with the exercise of
the rights of the coastal State in the zone.
2. The coastal State shall have exclusive jurisdiction over such artificial
islands installations and structures, including jurisdiction with regard to
customs fiscal health, safety and immigration laws and regulations.
3. Due notice must be given of the construction of such artificial islands,
installations or structures, and permanent means for giving warning of
their presence must be maintained. Any installations or structures which
are abandoned or disused shall be removed to ensure safety of navigation,
taking into account any generally accepted international standards
established in this regard by the competent international organization.
Such removal shall also have due regard to fishing, the protection of the
marine environment and the rights and duties of other States. Appropriate
publicity shall be given to the depth, position and dimensions of any
installations or structures not entirely removed.
4. The coastal State may, where necessary, establish reasonable safety
zones around such artificial islands, installations and structures in which
it may take appropriate measures to ensure the safety both of navigation
and of the artificial islands, installations and structures.
5. The breadth of the safety zones shall be determined by the coastal
State, taking into account applicable international standards. Such zones
shall be designed to ensure that they are reasonably related to the nature
and function of the artificial islands, installations or structures, and
shall not exceed a distance of 500 metres around them, measured from each
point of their outer edge, except as authorized by generally accepted
international standards or as recommended by the competent international
organization. Due notice shall be given of the extent of safety zones.
6. All ships must respect these safety zones and shall comply with
generally accepted international standards regarding navigation in the
vicinity of artificial islands, installations, structures and safety zones.
7. Artificial islands, installations and structures and the safety zones
around them may not be established where interference may be caused to the
use of recognized sea lanes essential to international navigation.
8. Artificial islands, installations and structures do not possess the
status of islands. They have no territorial sea of their own, and their
presence does not affect the delimitation of the territorial sea, the
exclusive economic zone or the continental shelf.
Article 61
CONSERVATION OF THE LIVING RESOURCES
1. The coastal State shall determine the allowable catch of the living
resources in its exclusive economic zone.
2. The coastal State, taking into account the best scientific evidence
available to it, shall ensure through proper conservation and management
measures that the maintenance of the living resources in the exclusive
economic zone is not endangered by over-exploitation. As appropriate, the
coastal State and competent international organizations, whether
subregional, regional or global, shall co-operate to this end.
3. Such measures shall also be designed to maintain or restore populations
of harvested species at levels which can produce the maximum sustainable
yield, as qualified by relevant environmental and economic factors,
including the economic needs of coastal fishing communities and the special
requirements of developing States, and taking into account fishing
patterns, the interdependence of stocks and any generally recommended
international minimum standards, whether subregional, regional or global.
4. In taking such measures the coastal State shall take into consideration
the effects on species associated with or dependent upon harvested species
with a view to maintaining or restoring populations of such associated or
dependent species above levels at which their reproduction may become
seriously threatened.
5. Available scientific information, catch and fishing effort statistics,
and other data relevant to the conservation of fish stocks shall be
contributed and exchanged on a regular basis through competent
international organizations, whether subregional, regional or global, where
appropriate and with participation by all States concerned, including
States whose nationals are allowed to fish in the exclusive economic zone.
Article 62
UTILIZATION OF THE LIVING RESOURCES
1. The coastal State shall promote the objective of optimum utilization of
the living resources in the exclusive economic zone without prejudice to
article 61.
2. The coastal State shall determine its capacity to harvest the living
resources of the exclusive economic zone. Where the coastal State does not
have the capacity to harvest the entire allowable catch, it shall, through
agreements or other arrangements and pursuant to the terms, conditions,
laws and regulations referred to in paragraph 4, give other States access
to the surplus of the allowable catch, having particular regard to the
provisions of articles 69 and 70, especially in relation to the developing
States mentioned therein.
3. In giving access to other States to its exclusive economic zone under
this article the coastal State shall take into account all relevant
factors, including, inter alia, the significance of the living resources of
the area to the economy of the coastal State concerned and its other
national interests, the provisions of articles 69 and 70, the requirements
of developing States in the subregion or region in harvesting part of the
surplus and the need to minimize economic dislocation in States whose
nationals have habitually fished in the zone or which have made substantial
efforts in research and identification of stocks.
4. Nationals of other States fishing in the exclusive economic zone shall
comply with the conservation measures and with the other terms and
conditions established in the laws and regulations of the coastal State.
These laws and regulations shall be consistent with this Convention and may
relate, inter alia, to the following:
(a) licensing of fishermen, fishing vessels and equipment, including
payment of fees and other forms of remuneration, which, in the case of
developing coastal States, may consist of adequate compensation in the
field of financing, equipment and technology relating to the fishing
industry;
(b) determining the species which may be caught, and fixing quotas of
catch, whether in relation to particular stocks or groups of stocks or
catch per vessel over a period of time or to the catch by nationals of any
State during a specified period;
(c) regulating seasons and areas of fishing, the types, sizes and amount of
gear, and the types, sizes and number of fishing vessels that may be used;
(d) fixing the age and size of fish and other species that may be caught;
(e) specifying information required of fishing vessels, including catch and
effort statistics and vessel position reports;
(f) requiring, under the authorization and control of the coastal State,
the conduct of specified fisheries research programmes and regulating the
conduct of such research, including the sampling of catches, disposition of
samples and reporting of associated scientific data;
(g) the placing of observers or trainees on board such vessels by the
coastal State;
(h) the landing of all or any part of the catch by such vessels in the
ports of the coastal State;
(I) terms and conditions relating to joint ventures or other co-operative
arrangements;
(j) requirements for the training of personnel and the transfer of
fisheries technology, including enhancement of the coastal State’s
capability of undertaking fisheries research; (k) enforcement procedures.
5. Coastal States shall give due notice of conservation and management laws
and regulations.
Article 63
STOCKS OCCURRING WITHIN THE EXCLUSIVE ECONOMIC ZONES OF TWO OR MORE COASTAL
STATES OR BOTH WITHIN THE EXCLUSIVE ECONOMIC ZONE AND IN AN AREA BEYOND AND
ADJACENT TO IT
1. Where the same stock or stocks of associated species occur within the
exclusive economic zones of two or more coastal States, these States shall
seek, either directly or through appropriate sub regional or regional
organizations, to agree upon the measures necessary to co-ordinate and
ensure the conservation and development of such stocks without prejudice to
the other provisions of this Part.
2. Where the same stock or stocks of associated species occur both within
the exclusive economic zone and in an area beyond and adjacent to the zone,
the coastal State and the States fishing for such stocks in the adjacent
area shall seek, either directly or through appropriate sub regional or
regional organizations, to agree upon the measures necessary for the
conservation of these stocks in the adjacent area.
Article 64
HIGHLY MIGRATORY SPECIES
1. The coastal State and other States whose nationals fish in the region
for the highly migratory species listed in Annex I shall co-operate
directly or through appropriate international organizations with a view to
ensuring conservation and promoting the objective of optimum utilization of
such species throughout the region, both within and beyond the exclusive
economic zone. In regions for which no appropriate international
organization exists, the coastal State and other States whose nationals
harvest these species in the region shall co-operate to establish such an
organization and participate in its work.
2. The provisions of paragraph 1 apply in addition to the other provisions
of this Part.
Article 65
MARINE MAMMALS
Nothing in this Part restricts the right of a coastal State or the
competence of an international organization, as appropriate, to prohibit,
limit or regulate the exploitation of marine mammals more strictly than
provided for in this Part. States shall co-operate with a view to the
conservation of marine mammals and in the case of cetaceans shall in
particular work through the appropriate international organizations for
their conservation, management and study.
Article 66
ANADROMOUS STOCKS
1. States in whose rivers anadromous stocks originate shall have the
primary interest in and responsibility for such stocks.
2. The State of origin of anadromous stocks shall ensure their conservation
by the establishment of appropriate regulatory measures for fishing in all
waters landward of the outer limits of its exclusive economic zone and for
fishing provided for in paragraph 3(b). The State of origin may, after
consultations with the other States referred to in paragraphs 3 and 4
fishing these stocks, establish total allowable catches for stocks
originating in its rivers.
3. (a) Fisheries for anadromous stocks shall be conducted only in waters
landward of the outer limits of exclusive economic zones, except in cases
where this provision would result in economic dislocation for a State other
than the State of origin. With respect to such fishing beyond the outer
limits of the exclusive economic zone, States concerned shall maintain
consultations with a view to achieving agreement on terms and conditions of
such fishing giving due regard to the conservation requirements and the
needs of the State of origin in respect of these stocks.
(b) The State of origin shall co-operate in minimizing economic dislocation
in such other States fishing these stocks, taking into account the normal
catch and the mode of operations of such States, and all the areas in which
such fishing has occurred.
(c) States referred to in subparagraph (b), participating by agreement with
the State of origin in measures to renew anadromous stocks, particularly by
expenditures for that purpose, shall be given special consideration by the
State of origin in the harvesting of stocks originating in its rivers.
(d) Enforcement of regulations regarding anadromous stocks beyond the
exclusive economic zone shall be by agreement between the State of origin
and the other States concerned.
4. In cases where anadromous stocks migrate into or through the waters
landward of the outer limits of the exclusive economic zone of a State
other than the State of origin, such State shall co-operate with the State
of origin with regard to the conservation and management of such stocks.
5. The State of origin of anadromous stocks and other States fishing these
stocks shall make arrangements for the implementation of the provisions of
this article, where appropriate, through regional organizations.
Article 67
CATADROMOUS SPECIES
1. A coastal State in whose waters catadromous species spend the greater
part of their life cycle shall have responsibility for the management of
these species and shall ensure the ingress and egress of migrating fish.
2. Harvesting of catadromous species shall be conducted only in waters
landward of the outer limits of exclusive economic zones. When conducted in
exclusive economic zones, harvesting shall be subject to this article and
the other provisions of this Convention concerning fishing in these zones.
3. In cases where catadromous fish migrate through the exclusive economic
zone of another State, whether as juvenile or maturing fish, the
management, including harvesting, of such fish shall be regulated by
agreement between the State mentioned in paragraph 1 and the other State
concerned. Such agreement shall ensure the rational management of the
species and take into account the responsibilities of the State mentioned
in paragraph I for the maintenance of these species.
Article 68
SEDENTARY SPECIES
This Part does not apply to sedentary species as defined in article 77,
paragraph 4.
Article 69
RIGHT OF LAND-LOCKED STATES
1. Land-locked States shall have the right to participate, on an equitable
basis, in the exploitation of an appropriate part of the surplus of the
living resources of the exclusive economic
