Agreement Between The Government Of The Italian Republic And The Government Of The Federal People's Republic Of Yugoslavia Regarding Fishing By Italian Fishermen In Yugoslav Waters
Source: Ruster and Simma, Volume VI, p. 2835.
The Government of the Italian Republic and the Government of the Federal People's Republic of Yugoslavia,
Wishing to strengthen the co-operation and good-neighbourly relations so happily established between the two countries,
Have decided to conclude this Agreement through the intermediary of the undersigned duly authorized representatives :
Article 1
The Government of the Federal People's Republic of Yugoslavia shall permit Italian fishing vessels to fish in Yugoslav waters as follows :
(A) By trawling :
(a) Within the zone of the Jabuka-Kamik Islands, to the west of the meridian crossing the island of Kamik and at a distance of not less than two and not more than ten nautical miles off the above-mentioned islands in the direction of the open sea. This zone is bounded by the lines joining the following points, as on the attached nautical charts (annexes C, D, E [Not reproduced in the copies of the Agreement submitted for registration.])
A [TAB] lat [TAB] 43°10'53" N
[TAB] long. [TAB] 15°39'10" E
B [TAB] lat. [TAB] 43°11'18" N
[TAB] long. [TAB] 15°43'00" E
C [TAB] lat. [TAB] 43°03'18" N
[TAB] long. [TAB] 15°43'00" E
D [TAB] lat. [TAB] 42° 59'18" N
[TAB] long. [TAB] 15°43'00" E
E [TAB] lat. [TAB] 42°51'14" N
[TAB] long. [TAB] 15°43'00" E
F [TAB] lat. [TAB] 42°55'52" N
[TAB] long. [TAB] 15°31'30" E
The curved lines joining the above points are arcs of two circles having the following points as their centres :
(O) Kamik Rock [TAB] lat. [TAB] 43°01'18" N
[TAB] long. [TAB] 15°43'00" E
(P) Jabuka Island (centre) [TAB] lat. [TAB] 43°05'27" N
[TAB] Long. [TAB] 15°27'42" E
(b) In the region of the Palagruza-Galíjula Islands, at a distance of not less than three and not more than ten nautical miles off the above-mentioned islands in the direction of the open sea ; to the north and south of this area the three-mile limit shall be measured from the line joining the islands of Palagruza and Galijula. The zone is bounded by the lines joining the following points, as shown on the attached nautical charts (annexes C, D, F [Not reproduced in the copies of the Agreement submitted for registration.] ):
A [TAB] lat. [TAB] 42° 33' 17" N
[TAB] long. [TAB] 16° 18' 30" E
B [TAB] lat. [TAB] 42° 32' 15" N
[TAB] long. [TAB] 16° 23' 45" E
C [TAB] lat. [TAB] 42° 13' 52" N
[TAB] long. [TAB] 16°11'48"E
D [TAB] lat. [TAB] 42° 12' 52" N
[TAB] long. [TAB] 16°1 7'03"E
E [TAB] lat. [TAB] 42° 26' 30" N
[TAB] long. [TAB] 16° 16' 10" E
F [TAB] lat. [TAB] 42° 25' 28" N
[TAB] long. [TAB] 16° 21' 24" E
G [TAB] lat. [TAB] 42° 20' 45" N
[TAB] long. [TAB] 16° 14' 09" E
H [TAB] lat. [TAB] 42° 19' 42" N
[TAB] long. [TAB] 16° 19' 24" E
The curved lines joining the above points are arcs of two circles having the following points as their centres :
(O) The most westerly cape of Palagruza . [TAB] lat. [TAB] 42°23'36" N
[TAB] long. [TAB] 16°15'09" E
(P) Galijula Rock [TAB] lat. [TAB] 42°22'36" N
[TAB] long. [TAB] 16°20'27" E
(c) In the Budva zone between Cape Skocidjevojka and Cape Veslo, at a distance of not less than three and not more than ten nautical miles off shore in the direction of the open sea and within the lines joining the following points as shown on the attached nautical charts (annexes C, D, G [Not reproduced in the copies of the Agreement submitted for registration.])
A [TAB] lat. [TAB] 42°19'15" N
[TAB] long. [TAB] 18°34'56" E
B [TAB] lat. [TAB] 42°16'57" N
[TAB] long. [TAB] 18°40'12" E
C [TAB] lat. [TAB] 42°13'33" N
[TAB] long. [TAB] 18°44'39" E
D [TAB] lat. [TAB] 42°10'24" N
[TAB] long. [TAB] 18°52'52" E
E [TAB] lat. [TAB] 42°04'12" N
[TAB] long. [TAB] 18°48'38" E
F [TAB] lat. [TAB] 42°07'48" N
[TAB] long. [TAB] 18°38'55" E
G [TAB] lat. [TAB] 42°11'32" N
[TAB] long. [TAB] 18°34'11" E
H [TAB] lat. [TAB] 42°13'12" N
[TAB] long. [TAB] 18°30'15" E
(B) For fry for breeding purposes in the internal waters of Tar Bay and Medulin Article 2
The maximum number of Italian fishing vessels permitted to fish in the zone of the Jabuka-Kamik Islands shall be seventy ; in the zone of the Palagruza-Galijula Islands, ninety ; and in the Budva zone, thirty-five.
The fishing vessels which are permitted to fish in the zones indicated in the preceding paragraph shall have engines of not less than eighty HPA and not more than 150 HPA, except that the maximum power for supercharged engines shall be 175 HPA. In no case shall the gross tonnage of such vessels exceed fifty-five metric tons.
Article 3
Italian fishermen may fish for fry for breeding purposes in the internal waters of Tar Bay and Medulin Bay using not more than four vessels, on condition that in each fishing season they catch no more than 4 million mullet, 1 million sea-perch and 1 million gilthead.
Each Italian fishing vessel engaged in fishing for fry in the waters indicated in the preceding paragraph shall have on board two Yugoslav citizens, who shall verify the quantity and species of fish caught. These persons shall be appointed by the chairman of the competent People's Committee.
When entering and leaving the internal waters of Tar Bay or Medulin Bay, masters of Italian fishing vessels shall report to the competent People's Committee. The persons referred to in the preceding paragraph shall be taken on board or put ashore at that time.
When an Italian fishing vessel enters the port of Tar or the port of Medulin, its master shall complete and deliver to the port authorities the Maritime Declaration of Health prescribed by the International Sanitary Regulations of 25 May 1951.
Article 4
Italian fishing vessels permitted to fish in the zones specified in this Agreement (hereinafter referred to as "Italian fishing vessels") may fish in the zone specified in article 1, section (A), of this Agreement from 1 September to 30 April of the following year and in the zone specified in article 1, section (B), from 1 March to 31 August.
Article 5
Italian fishing vessels shall be in possession of a special permit for fishing in the agreed zones, which shall be issued by the General Directorate of Fisheries of the Italian Ministry for the Merchant Marine. This permit shall be drawn up in accordance with the model shown in annex A to this Agreement, which forms an integral part thereof.
An Italian fishing vessel may obtain a special fishing permit for one only of the agreed zones and for a period to be specified in the permit, which shall not be less than half a season. All such permits shall cease to be valid on the date on which this Agreement ceases to have effect.
A special permit shall be valid from the date on which the competent Yugoslav authorities indicate, by endorsing it, that they have given their approval.
Article 6
The Government of the Italian Republic shall forward to the Government of the Federal People's Republic of Yugoslavia for its approval all special permits for fishing in the zones specified in this Agreement.
The Government of the Federal People's Republic of Yugoslavia shall return the special permits to the Government of the Italian Republic within thirty days from the date of receipt, indicating which of them it has seen fit to approve and which will have to be replaced.
In the case of a change of master of a vessel having a special fishing permit, the procedure laid down in the preceding paragraphs shall still be followed, but the competent Yugoslav authorities shall communicate as soon as possible their decision regarding the request for a change of master.
Article 7
Upon entering the permitted zone, Italian fishing vessels shall, by day, hoist a red flag measuring 100 centimetres by 75 centimetres with a white circle in its centre, as shown in annex B, to the masthead or, if there is more than one mast, to the head of the mizzen mast, and shall not strike it until they leave the zone.
At night, in addition to the lights prescribed by the International Regulations for Preventing Collisions at Sea, Italian fishing vessels shad show a red light at the masthead or, if there is more than one mast, at the head of the mizzen mast, above the tricouloured lantern. The red light shall be visible from all sides at a distance of at least two nautical miles.
Article 8
Italian fishing vessels shall not carry gear other than that specifically required for the types of fishing indicated in article 1 of this Agreement in the zones and seasons for which a permit has been issued.
Article 9
Italian fishing vessels shall carry their ship's papers and the main instruments necessary for coastal navigation by day and by night as well as a copy of this Agreement and a copy of the chart showing the zone in which the vessel in question is entitled to fish.
Article 10
Italian fishing vessels shall be kept at a distance of half a nautical mile from Yugoslav signals marking the position of blue fish nets and 500 metres from signals marking the position of stationary nets, long-lines and bow-nets.
Article 11
Italian fishing vessels shall be entitled, when in danger (détresse) to take refuge in the following ports : Komiza, Velaluca, Rogoznica and Budva.
Whenever an Italian fishing vessel enters or leaves one of these ports, its master shall report to the port authorities.
The vessels referred to in paragraph 1 of this article shall keep all fishing nets below deck in a sealed place as long as they remain in Yugoslav waters outside the agreed zone for which they have received a special fishing permit.
Before entry into Yugoslav waters, the master of the vessel shall seal the places in which the fishing nets are kept. Before the vessel leaves the port seals shall be placed by the Yugoslav customs authorities or, if there are none in the port in quest-ion, by the competent People's Committee.
If a fishing vessel has only one space for cargo below deck, the net shall be wrapped in a tarpaulin or sack having grommets at the edges, through which a rope shall be passed. The bundle shall then be closely tied, sealed and kept below deck, the dry nets being kept separate from the wet ones.
If the nets are wet or need repairs, the master of the vessel, having previously informed the Yugoslav customs authorities or, where there are none, the People's Committee, may bring the nets on deck for such time only as the vessel is in port.
An Italian fishing vessel which has taken refuge in one of the ports named in the first paragraph of this article shall leave the port as soon as the reason for which it has been obliged to take refuge in the port ceases to exist.
The port authorities shall decide whether the reason for which the vessel has taken refuge has ceased to exist. If the captain of the Italian vessel considers that the reason for which he has taken refuge in the port still exists, he shall be entitled to submit his views in writing in Italian. If the port authorities maintain their decision, the Italian fishing vessel shall leave Yugoslav waters or proceed to the zone for which it has received a special fishing permit.
If several Italian fishing vessels take refuge for the same reason in one of the agreed ports, they shall leave the port together if they are in a position to put to sea and they may separate only after leaving Yugoslav waters or after entering the zone for which they have a special fishing permit.
Article 12
The competent Yugoslav authorities shall have the right to board and inspect Italian fishing vessels at any time while they remain in the zones specified in this Agreement.
In the case of a dispute as to whether an Italian fishing vessel has been fishing within or outside the zones specified in this Agreement, the findings of the competent Yugoslav authorities based on the names and tracings inserted on the coastal map attached to this Agreement as annexes C, D, E, F, G, H and I [Not reproduced in the copies of the Agreement submitted for registration.] shall be considered as valid, due regard being paid to the provisions of the following paragraphs.
Should an Italian fishing vessel be seized, the master of the Yugoslav vessel shall draw up a report at the place of seizure on a form printed in one of the Yugoslav languages and in Italian. The master of the Yugoslav vessel shall indicate in the report, in addition to the reasons for the seizure, the position of the vessel when seized and, if it tried to escape, the position in which it was fishing ; the time of seizure ; the state of the sea ; the direction of the wind ; the visibility ; and whether the seized vessel carried the documents and instruments specified in article 9 of this Agreement.
The master of the Italian vessel shall sign the report on the seizure and if he does not agree with any of the particulars therein, he may make his own comments, in Italian, on the report itself.
The master of the Yugoslav vessel shall give the captain of the seized Italian vessel a true copy of the report and of any comments thereon as soon as the report has been drawn up.
Article 13
Italian fishing vessels shad comply in every respect with the provisions of this Agreement and with the law of the Federal People's Republic of Yugoslavia.
Article 14
Should an Italian fishing vessel, while in Yugoslav waters, fail to comply with the law of the Federal People's Republic of Yugoslavia or the provisions of this Agreement, it shall become subject in every respect to the provisions of the law of the Federal People's Republic of Yugoslavia.
In the case of a second offence, the competent Yugoslav authorities may, in addition to the penalties provided for in the law of the Federal People's Republic of Yugoslavia, order the withdrawal of the fishing rights acquired by virtue of the special permit. In such cases the Government of the Italian Republic may replace the said permit by an equivalent one for another fishing vessel.
The Yugoslav authorities shall in every case inform the Italian authorities of any penalties imposed on Italian fishing vessels, their masters or other crew members.
Article 15
In consideration of the fact that the width of the Gulf of Trieste between its Italian and Yugoslav longitudinal shores is in many places less than twelve nautical miles, the Government of the Italian Republic and the Government of the Federal People's Republic of Yugoslavia have agreed, solely for the purposes of this Agreement and for the term thereof, to assign fishing rights in the central zone of the Gulf, where the territorial waters of the two countries for the most part overlap, to the fishermen of both countries. This zone shall be bounded by the lines joining the following points
A [TAB] lat. [TAB] 45°34'52" N
[TAB] long. [TAB] 13°24'08" E
B [TAB] lat. [TAB] 45°39'27" N
[TAB] long. [TAB] 13°35'58" E
C [TAB] lat. [TAB] 45°38'05" N
[TAB] long. [TAB] 13°37'06" E
D [TAB] lat. [TAB] 45°33'27" N
[TAB] long. [TAB] 13°25'17" E
This zone is defined graphically in annexes H and I to this Agreement.
Article 16
In the event of a serious violation of this Agreement by either Contracting Party, the other Party may denounce it immediately.
Serious violations shall include, inter alia, the use of fishing vessels for purposes other than fishing and their entry in large numbers into zones not covered by this Agreement.
Article 17
The question of compensation for the fishing rights granted to Italian fishermen under the terms of article 1 of this Agreement shall be settled separately by the two Governments.
Article 18
This Agreement shall come into force when the two Parties have ratified it in accordance with the law of each of the two Contracting States and shall remain in force until 30 April 1960.
The instruments of ratification shall be exchanged at Rome.
The date upon which this Agreement shall take effect is fixed in note I, which forms an intеgгal part hereof.
DONE at Belgrade on 20 November 1958, in two originals, in the Serbo-Croat and Italian languages, both texts being equally authentic.
For the Government of the Italian Republic: ВАRATTIERI
For the Government of the Federal People's Republic of Yugoslavia: POPOVIĆ
