Agreement between the Government of the Russian Federation and the Government of the United States of America on the Conservation of Straddling Fish Stocks in the
Central Part of the Sea of Okhotsk,
Washington, DC, 1996
Done at Washington, DC 8 March 1996
Entered into force 13 June 1996
Primary source citation: Copy of text provided by the U.S. Department of State
The Government of the Russian Federation and the Government of the United States of America, hereinafter “the Parties,”
Guided by the Agreement Between the Government of the Union of Soviet Socialist Republics and the Government of the United States of America on Mutual Fisheries Relations of May 31, 1998, hereinafter “the 1988 Agreement,”
Recognizing the importance of long-term conservation of straddling fish stocks in the Sea of Okhotsk, particularly the pollock resources of the Sea of Okhotsk, with a view to sustainable development of fisheries in that region,
Guided by the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, which recognizes the rights, duties and interests of the coastal State in areas of high seas surrounded entirely by an area under the national jurisdiction of that State,
Taking into account the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas,
Taking into account that the Russian Federation has done its utmost to conserve and manage fish stocks in the Sea of Okhotsk on the basis of the best scientific evidence available, in order to create the conditions for sustainable fisheries,
Noting that there is an enclave in the Sea of Okhotsk that is beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the Russian Federation is measured, hereinafter “the central Sea of Okhotsk,” which constitutes only 2.7 percent of the entire Sea of Okhotsk and is completely surrounded by the exclusive economic zone of the Russian Federation,
Expressing serious concern over unregulated fishing in the central Sea of Okhotsk by vessels of non-coastal States,
Realizing that such fishing can irrevocably damage the pollock resources of the Sea of Okhotsk and, accordingly, the entire ecosystem of that Sea by threatening the fishery resources in that region, on which the coastal communities in particular depend,
Have agreed as follows:
The Parties recognize that the conservation of the stocks and management of fishing in the central Sea of Okhotsk must be based upon the best scientific evidence available and on the application of the precautionary approach, and that any fishing for straddling stocks in the central Sea of Okhotsk is subject to the rights, duties and interests of the Russian Federation.
The Government of the United States of America shall ensure that nationals and vessels subject to its jurisdiction observe measures adopted by the Russian Federation for the conservation and management of the pollock resources in the Sea of Okhotsk, including the central Sea of Okhotsk, that are compatible throughout the entire biological range of these resources.
1. Each Party shall prohibit nationals and vessels subject to its jurisdiction from fishing for pollock in the central Sea of Okhotsk until the Government of the Russian Federation determines, on the basis of the best scientific evidence available, that the pollock resources of the Sea of Okhotsk have recovered sufficiently to allow for a resumption of such fishing.
2. In the event that the Government of the Russian Federation is considering conservation and management measures for stocks of pollock that would allow for a resumption of pollock fishing in the central Sea of Okhotsk, it shall conduct appropriate consultations with the Government of the United States of America, having due regard for the cooperation of the United States of America pursuant to this Agreement.
The Parties shall cooperate for the purpose of studying and analyzing scientific data and exchanging information regarding the pollock resources in the central Sea of Okhotsk through mechanisms established in the 1988 Agreement or as otherwise may be agreed by the Parties.
1. The Parties agree to invite the attention of any third party to any matter relating to the fishing operations of its nationals, residents or vessels flying its flag that could affect adversely the long-term sustainable use of the pollock resources of the Sea of Okhotsk.
2. The Parties shall, consistent with international law, encourage any third party to respect the conservation and management measures for pollock stocks in the Sea of Okhotsk adopted by the Russian Federation.
3. If the fishing operations of nationals, residents or vessels of any third party could affect adversely the long-term sustainable use of the pollock resources of the Sea of Okhotsk, the Parties shall take measures, individually or collectively, in accordance with international law, that they deem necessary and appropriate to deter such operations.
4. The Parties shall cooperate with a view to preventing damage to the pollock resources of the Bering Sea by vessels flying the flag of a third party that may be displaced from the central Sea of Okhotsk consistent with the objective of this Agreement.
The Parties shall annually consult concerning the implementation of this Agreement through mechanisms established by the 1988 Agreement.
This Agreement shall enter into force upon an exchange of diplomatic notes indicating that the Parties have carried out the internal procedures necessary for its entry into force, and shall remain in force concurrent with the 1988 Agreement.
In witness whereof the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
Done at ______________, in duplicate, in the Russian and English languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
RUSSIAN FEDERATION UNITED STATES OF AMERICA