Agreement Between The Government Of The Union Of Soviet Socialist Republics And The Government Of The Kingdom Of Norway Concerning Mutual Relations In The Field Of Fisheries
Source: 1976-Norway-USSR-FisheriesRelations-Final.rtf
[TRANSLATION - TRADUCTION]
The Government of the Union of Soviet Socialist Republics and the Government of the Kingdom of Norway,
Having regard to their long-standing co-operation in fishery matters and their bilateral agreements in that field, and in particular the Agreement of 11 April 1975 between the Government of the Union of Soviet Socialist Republics and the Government of Norway on co-operation in the fishing industry;
Reaffirming their mutual determination to ensure the conservation of fish stocks in the waters adjacent to their coasts and to provide for the rational management and utilization of those stocks;
Bearing in mind that a substantial proportion of the living resources of the Norwegian Sea and the Barents Sea represent a unified ecosystem used by the fishermen of both countries;
Noting that the exercise of extended fisheries jurisdiction by the coastal States in the Atlantic area could result in a transfer of fishing efforts to the aforesaid waters, which in turn could adversely affect the status of those resources;
Recognizing that, in those circumstances, it is the coastal States of the area that have the primary interest in and responsibility for finding solutions for the conservation and rational management of living resources;
Reaffirming that the extension of the jurisdiction of the coastal States over the living resources in the waters adjacent to their coasts and the exercise in those areas of sovereign rights for the purpose of the exploration, utilization, conservation and management of such resources shall take place in accordance with and in application of the relevant principles of international law;
Having regard to the work of the Third United Nations Conference on the Law of the Sea;
Noting that the Norwegian Government has introduced draft legislation to extend Norway's fisheries jurisdiction to cover a zone of 200 nautical miles;
Wishing to promote the orderly development of the Law of the Sea and to establish rules and conditions for the conduct of their mutual relations in the field of fisheries;
Have agreed as follows:
Article 1.
Each Contracting Party shall, in accordance with the provisions stipulated below, give the fishing vessels of the other Contracting Party access to the fishery resources in the area beyond the limit of 12 nautical miles measured from the applicable baselines in which it is engaged in the management of stocks of fish and other living resources, including their conservation, and the regulation of fishing.
Article 2.
Within the area specified in article 1 of this Agreement, each Contracting Party shall each year establish, in an appropriate manner and subject to such adjustments as may be necessitated by unforeseen circumstances:
(a) The total allowable catch for individual species or combinations of species, taking account of the interdependence of stocks, the recommendations of competent international organizations and other relevant factors;
(b) After consultations, either within the Mixed Commission established under the Agreement of 11 April 1975 between the Government of the USSR and the Government of Norway on co-operation in the fishing industry or through other suit-able channels, quotas for the fishing vessels of the other Contracting Party, taking account of the need for rational management of living resources, fishing methods, the traditional catch levels of the other Contracting Party and other relevant factors;
(c) Other regulatory measures for fishing designed to conserve fish stocks by maintaining them at levels which can produce the maximum sustainable yield, such measures to be based on the best available scientific data.
Article 3.
The competent authorities of each Contracting Party shall inform the competent authorities of the other Contracting Party of the name, registration number and other relevant particulars, as well as the name of the master, of any of its fishing vessels which will be engaged in fishing within the area specified in article 1 of this Agreement under the quotas apportioned in accordance with the provisions of article 2 (b). Such information shall also be provided in respect of each fishing sup-port or supply vessel specifically accompanying such fishing vessels. Upon receipt of such information, each Contracting Party shall, in accordance with its legislation, issue any necessary permits to enable the other Contracting Party to utilize the allotted quotas.
Article 4.
1. Fishing vessels belonging to one Contracting Party shall, when fishing within the area of the other Contracting Party referred to in article 1 of this Agreement, comply with the conservation measures, laws and regulations, and any other rules and conditions concerning fishing, established by that Contracting Party.
2. The Contracting Parties shall co-operate in the manner indicated in article 2 (b) with a view to ensuring the harmonization of any new measures for the regulation of fishing in the areas specified in article 1 of this Agreement, in so far as practically feasible.
3. In the event of the adoption of any new laws, regulations, rules or conditions, due notice thereof shall be given in advance.
Article 5.
1. Each Contracting Party shall ensure that its nationals and vessels comply with the provisions of this Agreement and with other regulations concerning fishing.
2. Each Contracting Party may within its area, as specified in article 1 of this Agreement, take such measures in accordance with international law as may be necessary to ensure that the vessels of the other Contracting Party comply with the provisions of this Agreement.
Article 6.
The two Contracting Parties recognize that the States in whose rivers anadromous stocks originate have the primary interest in and responsibility for such stocks and agree that fishing for anadromous stocks of fish may not take place beyond the limits of the areas specified in article 1 of this Agreement. The two Contracting Parties agree to implement these principles in bilateral agreements and will continue to co-operate with a view to concluding multilateral agreements reflecting that position.
Article 7.
In accordance with the Agreement of 11 April 1975 between the Government of the USSR and the Government of Norway on co-operation in the fishing industry, the Contracting Parties undertake to co-operate directly and through appropriate international organizations to ensure responsible management and conservation of the living resources of the sea, particularly in respect of:
(a) Stocks of fish and other living resources occurring within the areas specified in
article 1 of this Agreement,
(b) Such stocks as occur in areas of the high seas situated beyond the limits of the
areas specified in article I of this Agreement and adjacent to them, and
(c) Other such stocks having a relation of mutual dependence with the stocks referred
to in subparagraphs (a) and (b).
Article 8.
This Agreement shall not affect any other agreements in existence between the two Governments or any existing multilateral conventions to which the two Governments are parties. Nor shall it prejudice the views of either Contracting Party on matters relating to the Law of the Sea.
Article 9
. This Agreement is subject to ratification, approval or adoption and shall enter into force on the date of the exchange of the instruments of ratification, approval or adoption, which shall take place at Oslo as soon as possible.
This Agreement is concluded for an initial term of 10 years from the date of such exchange. Unless notice of denunciation is given by one Contracting Party at least 12 months before the expiry of such 10-year term, the Agreement shall remain in force for further successive six-year terms, unless denounced at least 12 months before the expiry of the current six-year term.
DONE at Moscow on 15 October 1976, in duplicate in the Russian and Norwegian languages, both texts being equally authentic.
For the Union of Soviet Socialist Republics:
[A. ISHKOV]
For the Government of the Kingdom of Norway:
[JENS EVENSEN]
