Agreement Between Iceland, Norway And Russia Concerning Certain Aspects Of Cooperation In The Area Of Fisheries

Filename: 1999-FisheriesCooperation.EN.txt

AGREEMENT BETWEEN THE GOVERNMENT OF ICELAND, THE GOVERNMENT OF NORWAY AND THE GOVERNMENT OF THE RUSSIA FEDERATION CONCERNING CERTAIN ASPECTS OF COOPERATION IN THE AREA OF FISHERIES

Source: International Journal of Marine and Coastal Law, 14 (1999), 484ff and http://eelink.net/~asilwildlife/RussIceNorFish.html

The Government of Iceland, Government of Norway and the Government of the Russian Federation, hereinafter referred to as the Parties;

Determined to ensure the long-term conservation and sustainable utilisation of the fish stocks concerned in their entire area of distribution, and committed to the principle of responsible fishing;

Having regard to the importance of close co-operation between the Parties;

Having regard to the relevant provisions of the 1982 United Nations Convention on the Law of the Sea and the 1995 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;

Committed to promoting and conducting marine scientific research and to basing their respective management measures for the relevant stocks on the best scientific advice;

Recognising that a considerable part of the living marine resources of the northern Norwegian and Barents Seas represents a single regulated biological stock system;

Have agreed as follows:

Article 1

The Parties agree to enhance co-operation of mutual benefit in the field of fisheries and for this purpose to establish by this Agreement principles and procedures for such cooperation based on a precautionary approach and in accordance with international law.

Article 2

The Parties may agree on a reciprocal basis to exchange annual quotas in their respective exclusive economic zones, and to grant vessels of the other Parties access to fish quotas in their respective exclusive economic zones, taking fully into account the biological situation and the development of the stocks concerned, as well as the interests of the national fisheries.

Article 3

Details of the quota exchanges, based on management decisions taken by the coastal states, provisions for access to fishing by the Parties referred to in Article 2, as well as provisions on other matters referred to in Article 8, which the Parties may agree on, shall be regulated in protocols under this Agreement between the Governments of Iceland and Norway, and the Governments of the Russian Federation and Iceland, providing a reasonable balance in their bilateral fisheries relations.

The Parties shall make every effort to agree on the protocols.

Article 4

The Parties agree that total catches from a stock taken under the protocols referred to in Article 3 by vessels flying their flags, wherever they are taken, shall not exceed the total quotas for that stock as set out in the protocols referred to in Article 3. This provision is without prejudice to any agreement between private entities, concluded in accordance with national rules and regulations of the Parties, that may include additional fishing possibilities.

The quotas referred to in Article 2 shall be taken in the exclusive economic zones and the Parties will refrain from any claims for additional fishing possibilities on that stock.

Article 5

The Parties will ensure that fishing vessels flying their flag comply with the conservation and management measures as well as national rules and regulations established for the operation of fishing activities referred to in Article 2. Adequate advance notice shall be provided of such measures, rules and regulations.

Article 6

The Parties shall work together to investigate possibilities and take measures, when relevant, to discourage any of their nationals from being party to arrangements by which they register a fishing vessel under the flag of another state for the purpose of engaging in fishing activities that undermine the effectiveness of this Agreement and of the management measures referred to in Article 5.

Article 7

The Parties agree to take measures to prevent landing in their ports of catches if it has been established that such catches have been taken in a manner which undermines the effectiveness of this Agreement and the conservation and management measures referred to in Article 5, and, subject to obligations according to established international law, to deny access to ports to vessels that engage in such activities, except in cases of distress or force majeure.

Article 8

The Parties shall, in accordance with their legislation, encourage contacts and facilitate co-operation on the basis of overall equity and mutual benefit between their enterprises, in particular in the establishment of joint ventures in fishing, stock enhancement, processing of fish products, marketing and landing in ports. In addition, the Parties should encourage introduction of new scientific developments and production technologies within the framework of this Agreement. The Parties may enter into agreements that will facilitate the abovementioned activities.

Article 9

The present Agreement is without prejudice to existing bilateral agreements between any of the Parties or to existing multilateral agreements to which any of the three Parties are parties.

Article 10

Any disagreement concerning the interpretation and application of the present Agreement will be settled by the Parties through consultations.

Article 11

The Government of Norway shall act as Depositary for this Agreement.

Article 12

This Agreement shall enter into force on the date of the last written notification to the Depositary through diplomatic channels confirming that the Parties have fulfilled their internal procedures necessary for the entry into force of this Agreement.

The Agreement shall be effective for an initial period from the date of entry into force to 31 December 2002, and shall thereafter be prolonged for consecutive periods of four years, unless denounced by any of the Parties in accordance with the provisions of paragraph 4 of this Article.

Any of the Parties may request review of the Agreement or a protocol to which it is a party, by formal notification to the Depositary through diplomatic channels, no later than six months before the expiration of the respective period referred to in paragraph 2 of this Article.

A Party that has requested review in accordance with paragraph 3 of this Article, may denounce the Agreement by formal notification to the Depositary through diplomatic channels, no later than three months before the expiration of the respective period referred to in paragraph 2 of this Article. The termination of the Agreement shall take effect on 1 January of the year following the respective period referred to in paragraph 2 of this Article, unless the denouncement is withdrawn prior to that date.

Notwithstanding the preceding paragraph and without prejudice to the prolongation of this Agreement under paragraph 2 of this Article, the Parties may agree to another date of termination of the Agreement.

The protocols concluded in accordance with Article 3 shall enter into force on the date of entry into force of the Agreement. The protocols shall remain in force for the same period of time as the Agreement. The protocols shall terminate on the date of the termination of the Agreement.

Done at St. Petersburg this 15th day of May 1999 in one original in the Icelandic, Norwegian, Russian and English language, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.