Agreement Between The Government Of The Union Of Soviet Socialist Republics And The Government Of The Republic Of Finland Regarding Fishing And Sealing
Source: https://treaties.un.org/doc/Publication/UNTS/Volume%20338/v338.pdf, downloaded on 20150504
Signed At Moscow, On 21 February 1959. Came into force on 4 April 1959, as from the date of the exchange of the instruments of ratification at Helsinki, in accordance with article 11
The Government of the Union of Soviet Socialist Republics and the Government of the Republic of Finland,
Having regard to the favourable development of relations between the USSR and Finland, founded on the 1948 Treaty of Friendship, Co-operation and Mutual Assistance between the Union of Soviet Socialist Republics and the Republic of Finland,2
Considering that the Government of the Soviet Union, in compliance with the wishes of the Government of the Republic of Finland, has expressed its willingness to permit Finnish fishermen to engage in fishing and sealing in the territorial waters of the Soviet Union in the Gulf of Finland,
Have decided to conclude this Agreement and have appointed their plenipotentiaries, who, having exchanged their full powers, found in good and due form, have agreed as follows:
Article 1
The Government of the Union of Soviet Socialist Republics agrees to permit Finnish nationals resident in the communes of Virolahti, Vehkalahti and Haapasaari to engage in fishing and sealing in the territorial waters of the Soviet Union in the Gulf of Finland within an area bounded by a line passing through the following points:
(1) Latitude 60° 15' 15", longitude 27° 30' 29"-terminal point in the Gulf of Finland of the State frontier between the Soviet Union and Finland, which is indicated by frontier mark No. 14;
(2) Latitude 60° 15' 15", longitude 27° 43' 48";
(3) Latitude 60° 23' 28", longitude 27° 50' 18";
(4) Latitude 60° 23' 29", longitude 27° 43' 45"-turning point of the State frontier between the Soviet Union and Finland, which is indicated by frontier mark No. 10,
as shown in the chart annexed to this Agreement (annex 1).3
Finnish vessels, in proceeding to the said area for purposes of fishing or sealing and in returning therefrom, shall cross the State frontier of the Soviet Union in the section of that frontier extending from frontier mark No. 10 to the point marked by a buoy situated at latitude 60° 22' O" and longitude 27° 41' 1O".
For the guidance of fishermen, that portion of the Soviet territorial waters in which Finnish fishermen are permitted under this Agreement to engage in fishing and sealing shall be marked off by the Soviet Party with buoys and spar buoys, the co-ordinates of which shall be indicated in the notices issued for navigators.
Article 2
Finnish fishermen may engage in fishing and sealing in that portion of Soviet territorial waters covered by this Agreement from 1 July to 1 November during the summer fishing-season, and from 1 January to 20 April during the winter fishing-season.
During the summer fishing-season the permitted types of fishing shall be net fishing from motor boats and row-boats, fishing by means of small trawls and fishing by hook and line.
During the winter fishing-season, net fishing may be carried on underneath the ice, and fishermen's huts may be brought to the fishing site and used there for dwelling purposes.
Article 3
Finnish vessels engaged in fishing and sealing in the area covered by this Agreement shall, having regard to the provisions of this Agreement, be subject to the rules governing fishing and sealing in Soviet waters and to the laws and regulations of the Soviet Union relating to the presence of foreign vessels and foreign nationals in Soviet territorial waters.
Particulars of such laws, regulations and rules and of amendments and additions thereto shall be notified to the Finnish Party through the diplomatic channel.
Article 4
Finnish nationals engaged in fishing and sealing in the area covered by this Agreement shall have with them the following documents, which shall be drawn up in the Russian and Finnish languages:
(a) A fishing pass made out in the name of the owner of the vessel or horse-drawn vehicle (annex 2)1 and constituting permission to engage in fishing or sealing in the area covered by this Agreement;
(b) A freedom of movement permit (annex 3),2 which must be in the possession of every person on board the vessel or in the horse-drawn vehicle.
Every person transporting a catch of fish or seals from the fisheries area shall likewise be required to have a freedom of movement permit;
(c) A list of fishing gear and other articles carried.
The documents specified in sub-paragraphs (a) and (b) of this article shall be issued by the competent Finnish authorities and shall, together with the list referred to in paragraph (c), be certified by the Finnish frontier-control authorities.
The fishing pass, freedom of movement permit and list of fishing gear and cargo shall be produced to the Soviet authorities upon request.
Article 5
The letter ''S" and the fishing-pass number shall be painted in white characters on. a black ground, the said characters being at least fifteen centimetres high and at least nine centimetres wide, on both sides of the bow of every vessel engaged in fishing or sealing in the area covered by this Agreement. The home port of the vessel shall be shown on the stern.
Article 6
A list, certified by the Finnish frontier authorities, of the persons to whom the documents referred to in article 4 have been issued and a list of the fishing vessels and their numerical markings shall be transmitted by the said Finnish frontier authorities to the Soviet frontier authorities, through the frontier com missioners, not later than fifteen days before the beginning of each fishing season.
Article 7
Where necessary in order to ensure the safety of winter fishing and sealing operations and to prevent damage to fishing gear from movements of the ice, the competent Finnish fisheries organization may dispatch to the area covered by this Agreement its rescue vessel stationed at Huovari Island, the said vessel being subject in all respects to the provisions of this Agreement.
Article 8
In the area covered by this Agreement, fishing gear shall be considered to be adequately marked if, when drift-nets are being used, one end of the set of nets is attached to the vessel and the other end is marked with two signals. When fishing is carried on with fixed nets, two signals shall be attached to each end of the set of nets. In the case both of drift-net fishing and of fishing with fixed nets, the inner signals of the set of nets shall consist of white flags, and the outer signals, of red flags. The said flags shall measure 30 X 60 centimetres and shall be attached to floats rising at least two metres above the surface of the water.
Additional signals without flags shall be placed at intervals of 100 metres in the centre of each set of nets.
During the hours of darkness, the nets shall be marked with white signal lights visible in all directions. The signal-lights shall be placed not less than 70 centimetres above the surface of the water and shall be visible for a distance of one nautical mile.
Article 9
Compensation claims in respect of physical damage caused, in the area covered by this Agreement, to the Soviet Party by Finnish nationals in con sequence of a contravention of the fishing and sealing rules shall be submitted by the Leningrad Economic Council to the Agricultural Administration of Finland.
Compensation claims in respect of physical damage caused, in the area covered by this Agreement, to the Finnish Party by Soviet nationals in con sequence of a contravention of the fishing and sealing rules shall be submitted by the Agricultu ral Administration of Finland to the Leningrad Economic Council.
Article 10
Finnish nationals who, in fishing or sealing in the area covered by this Agreement, contravene the provisions of this Agreement may be deprived by the competent Soviet authorities of the right of engaging in fishing or sealing in the said area.
Article 11
This Agreement shall be ratified. The instruments of ratification shall be exchanged as soon as possible at Helsinki.
The Agreement has been concluded for a period of five years and shall come into force on the date on which the instruments of ratification are exchanged. If, within not less than six months before the end of the said five-year period of validity, neither Contracting Party gives notice of its desire to terminate the Agreement, the Agreement shall remain in force for an additional year and so on each year throughout an additional period of five years, on condition that either Contracting Party may terminate the Agreement by giving notice to that effect within not less than six months before the end of the current one-year period of validity.
If, however, the termination becomes effective during a fishing season, the provisions of the Agreement shall remain in force until the end of such season.
DONE in Moscow on 21 February 1959 in duplicate in the Russian and Finnish languages, both texts being equally authentic.
For the Government of the Union of Soviet
Socialist Republics:
V. ZoRIN
For the Government
of the Republic of Finland:
Eero A. WuoRI
A N N E X 1
[See map in a pocket at the end of this volume.]
A N N E X 2
FISHING PASS No. ......
In accordance with the Agreement of 21 February 1959 between the Government of the Union of Soviet Socialist Republics and the Government of the Republic of Finland regarding fishing and sealing,1the holder of this fishing pass is entitled to engage in fishing and sealing in the area covered by the Agreement.
Description of holder:
Height ................... „.................„..
Colour of hair ...„ .....„..„.„..............
Colour of eyes ..„..„..........„„ ..„„.„..
Other distinguishing features ............
Signature of holder
Sumame of owner of vessel/horse-drawn vehicle ..................... „.„ .........„....„....„..
Given names
Date of birth ................................ „............•...„„.„..„.„„„..„..„.„.„...• ..........
Occupation ............................................................................................... .
Address ..................................................................................................... .
Horne port or place of registration of vessel/horse-drawn vehicle ............................. .
Person responsible for operation of vessel/horse-drawn vehicle ................................ . Address ........„.....„.„..„....•............„...„..„.„...„........„..........„.„„...........•.„
This fishing pass is issued for the summer/winter fishing-season 19..„„
................................................ , 19.„...„.
Certification of the frontier authorities:
Signature and stamp
Signature and stamp
1 See p. 16 of this volume.
A N N E X 3
FREEDOM OF MOVEMENT PERMIT No. ......
Description of holder:
Height ......................................... .
Colour of hair ................................ .
Colour of eyes ................................ .
Other distinguishing features ............
Surname ...................................... .
Given names
Date of birth ...........................,.....
Occupation ................................... .
Address ...................................... .
Sisnature of holder
The holder of this permit is a Finnish national and is entitled to move about and remain in that part of the territorial waters of the Soviet Union in the Gulf of Finland in which Finnish nationals are entitled to fish/seal as provided in the Agreement of 21 February 1959 between the Government of the Union of Soviet Socialist Republics and the Government of the Republic of Finland regarding fishing and sealing.1
This permit is issued for the summer/winter fishing-season 19......
SPECIAL AUTHORIZATION
The holder of this permit shall, for the purposes of sealing in the aforementioned area, be entitled to possess and use the following fire-arms together with ammunition for the same : ............................................................................................ .
This authorization shall remain in force until 19......
..................................................., ·············•························· 19.........
Signature and stamp
Certification of the frontier authorities .............................................................. .
Signature and stamp
