Convention Between Finland And Russia Regarding Fishing And Sealing In The Territorial Waters Of Both Countries, In The Arctic Ocean
Source: LNTS vol. XXIX (29), pp. 198 (205).
The GOVERNMENT OF THE REPUBLIC OF FINLAND and the GOVERNMENT OF THE RUSSIAN FEDERAL SOCIALIST SOVIET REPUBLIC have decided, in pursuance of Article 7 of the Treaty of Peace, signed at Dorpat on October 14, 1920, to conclude an agreement regarding the conditions and regulations entitling nationals of the Contracting States to carry on fishing and sealing and to sail fishing-vessels in the territorial waters of the other Contracting State in the Arctic Ocean; they have delegated the task of drawing up and signing the above Convention to the Mixed Finnish-Russian Central Committee, and have for that purpose
appointed as their plenipotentiary representatives:
FOR THE GOVERNMENT OF THE FINNISH REPUBLIC:
P. J. HYNNINEN,
A. E. ALFTHAN,
Y. W. PUHAKKA; and
FOR THE GOVERNMENT OF THE RUSSIAN FEDERAL SOCIALIST SOVIET REPUBLIC:
S. M. FRANKFURT,
A. M. SMIRNOFF,
A. M. IGNATJEFF,
N. P. KOLTSHANOVSKI;
who, after having exchanged their full powers, which were found in good and due form, have agreed as follows:
Finland shall grant to Russian nationals, and to Russian organisations and associations which employ Russian nationals for purposes of trade, the right to carry on fishing and sealing in common with its own nationals in Finnish territorial waters, except in the Customs area of the Arctic Ocean ceded by Russia to Finland under the Treaty of Peace of October 14, 1920.
Russia, for her part, shall grant to Finnish nationals, and to Finnish organisations and associations which employ Finnish nationals for purposes of trade, the right to carry on fishing and sealing in Russian territorial waters, except in the coastal waters remaining in Russian possession on the northern and eastern side of Fiskarhalvön as far as Cape Scharapov.
In the waters referred to in the previous article, nationals, organisations and associations of both Contracting States shall be entitled to carry on fishing and sealing at all seasons of the year and may employ all methods and appliances which their own nationals are allowed to use; they may further carry on these operations either from shore or from shipboard, irrespective of the size, rig or equipment of the vessel.
The fishing-vessels of each country shall be entitled to navigate freely in all the territorial waters referred to in Article I, provided that they conform to the existing or to any future general regulations regarding navigation and the safeguarding of sea-going traffic in the territorial waters in question.
Fishing-vessels shall be entitled to seek shelter, from stress of weather or in any other emergency, in any of the harbours, fjords or bays of either country.
Nationals, organisations and associations of one Contracting State, when carrying on fishing or sealing in the waters referred to in Article I belonging to the other State, shall, in the circumstances referred to above, be entitled on the same terms as nationals of the latter country to land on the coasts of such waters and to carry out necessary repairs to their vessels or nets, beach their vessels or nets, unload their catch, salt, dry or prepare it and keep it there until their departure.
For this purpose, they may erect on the shore, at a suitable distance from the water's edge, structures such as sheds, drying-sheds, hutments, etc., and they may, if necessary, remove or transport such structures to another site in the same Customs area. For health purposes these structures shall be subject to inspection by the local authorities and shall accordingly be in conformity with the regulations in force regarding similar structures belonging to nationals of the country.
Nationals, organisations and associations of the one Contracting State, which carry on fishing or sealing in the waters referred to in Article I belonging to the other Contracting State, shall be subject to the same taxes and other dues as nationals of the latter country. They shall be entitled to take away their catch, including bait and prepared products, without payment of Customs or other duties.
Fishing-vessels, when proceeding to the waters referred to in Article I, shall be provided with numbers and letters, which must be clear and plainly visible, denoting their nationality. They shall also be provided with papers showing their nationality, owner, port of registry and distinctive marks.
The Contracting States undertake to inform each other of all orders and regulations which may be issued in respect of the waters or coasts thereof referred to in Article I, and which apply to fishing and the supervision of fishing, the navigation and safety of fishing or other vessels, coastal defence and Customs supervision.
Any amendments or additions to such orders or regulations shall be notified as soon as possible to the other Contracting State.
Each Contracting State shall take all necessary steps to ensure the carrying out of the present Convention and to see that its provisions are strictly observed in its own territory and territorial waters.
Any person, working in the territory or territorial waters of the other Contracting State or carrying on fishing or sealing therein, under the terms of the present Convention, who commits a breach of the laws or regulations of that State, shall be sentenced by the courts of the State in question and shall be punished in accordance with its laws.
In all matters not specified in the present Convention, the nationals of either Contracting State, when engaged in fishing or sealing in the territory or territorial waters of the other State, shall be subject to the same laws and regulations as those in force for other foreigners.
The present Convention shall be ratified and the instruments of ratification shall be exchanged as soon as possible in Moscow.
The present Convention shall remain in force for ten years from the date of the exchange of the instruments of ratification, and shall be renewed for a further period of ten years, unless denounced by either of the Parties not less than a year before the expiration of a ten-yearly period.
The present Convention is done in duplicate, in the Finnish, Swedish and Russian languages, and all texts are equally authentic.
In witness whereof, the plenipotentiary representatives of each of the Contracting States have signed the present Convention and thereto affixed their seals.
HELSINKI, October 21, 1922.
(L. S.) A. AHONEN. (L. S.) P. J. HYNNINEN. (L. S.) A. E. ALFTHAN. (L. S.) VÄINÖ HUPLI. (L. S.) Y. W. PUHAKKA. (L. S.) S. M. FRANKFURT. (L. S.) AL. SMIRNOFF. (L. S.) A. IGNATJEFF. (L. S.) N. KOLTSHANOVSKI.