Protocol Relating To Rules For The Regulation Of The Fisheries To The Agreement On Fishing Between The Government Of The Union Of Soviet Socialist Republics And The Government Of The Kingdom Of Norway
Source: UNTS 1962, p. 198
Chapter I
RULES CONCERNING THE REGISTRATION AND IDENTIFICATION OF FISHING VESSELS
Article 1
1. The vessels of each of the Contracting Parties shall be registered in accordance with the rules in force in the country of which they fly the flag.
2. The competent authorities of each of the Contracting Parties shall specify one or more initial letters and a consecutive series of numbers for each port of registration or for each maritime district.
3. The Contracting Parties shall communicate to one another a list of these identification marks and shall notify one another of all subsequent modifications thereto.
Article 2
1. Every vessel shall bear, on the outside of the hull, clearly visible identification marks in the form of a letter or letters, the number under which the vessel is registered, the name of the port of registration, and the name of the vessel it-self.
2. Small boats and all fishing implements shall be marked for identification purposes with a sufficiently clear and large letter or letters, and with the number of the vessel to which they belong. The ownership of nets or other fishing implements may be further distinguished by special marks.
3. The identification marks enumerated in paragraph 1 of this Article shall not be effaced, altered, made illegible or covered, nor shall the nationality of a vessel be concealed.
Article 3
1. The master of each vessel shall have with him an official document, issued by the competent authorities of his country, confirming the nationality of the vessel.
This document shall indicate the letter or letters and the number of the vessel, the name and nationality of the owner, or the name of the firm or company owning the vessel, and shall contain a precise description of the vessel.
2. Each vessel shall carry a ship's roll, drawn up by the competent authorities of the country concerned, showing the names, nationality and residence of all persons on board.
Article 4
Responsibility for ensuring that the provisions of articles 1, 2 and 3 of this Protocol are complied with shall rest with the competent authorities of the country to which the vessel belongs. The commanders of fishery protection vessels of each Contracting Party shall inform each other of any violation of these pro-visions by vessels registered in the territory of the other Contracting Party.
Chapter II
PROCEDURE GOVERNING THE OPERATIONS OF FISHING
Article 5
Vessels arriving on fishing grounds where other vessels are already fishing or have set their gear for that purpose shall not place themselves or their lines, nets, buoys or other fishing implements in such a way as to interfere with or obstruct fishing operations already in progress.
Article 6
No vessel shall anchor or remain at anchor between sunset and sunrise on grounds where drift-net fishing is in progress during that period, except as a consequence of accident, shipwreck or other circumstances beyond the vessel's control.
Article 7
1. Nets and lines anchored in the sea shall be furnished at each end with flag buoys by day and with light buoys by night. These buoys shall be clearly visible at a distance of at least two miles.
2. On fishing gear referred to in paragraph 1 of this article extending for more than one mile, additional flag buoys or light buoys shall be placed at distances of not more than one mile from one another.
3. On fishing gear referred to in paragraph 1 of this article which is attached to a vessel, a flag buoy or light buoy shall not be required at the end attached to the vessel.
Article 8
1. Trawlers shall take all practicable steps to avoid anchored nets or lines in order to prevent damage to them, and in particular to avoid trawling between two buoys.
2. No vessel shall make fast to or hold on to the nets, buoys, floats, or any other part of the fishing tackle of another vessel.
Article 9
Where it can be proved that damage has been caused to nets or lines by a trawler, the responsibility shall be presumed to lie with that trawler unless it proves :
(a) that the damage was done under circumstances beyond its control;
(b) that the damage was not due to its fault;
(c) that it had complied with the provisions of articles 5, 6, 7 and 8 of this Protocol and had done all that was possible to avoid the damage, or
(d) that the vessel whose gear had been damaged had not complied with the provisions of articles 5, 6, 7 and 8 of this Protocol, and that this circumstance had led to the damage.
Article 10
1. When nets belonging to different vessels foul each other, they shall not be severed without the consent of both parties unless it is impossible to disengage them by other means.
2. When vessels fishing with lines entangle their lines, the vessel which hauls up the lines shall not sever the lines of the other vessel unless they cannot be disengaged in any other way, in which case any lines which may be severed shall where possible be immediately joined together again.
3. Except in cases of salvage and the cases enumerated in paragraphs 1 and 2 of this article, no vessel shall sever, hook or lift up fishing implements not belonging to it or damage them unnecessarily.
4. When a vessel fouls or otherwise interferes with gear not belonging to it, it shall take all measures to reduce to a minimum the damage to such gear which may result. The vessel to which the gear belongs shall at the same time avoid any action tending to aggravate such damage.
Article 11
All vessels, or their rigging, tackle and fishing implements or gear found and picked up at sea shall as soon as possible be delivered to the competent authorities in the first port in the territory of either Contracting Party to which the salving vessel puts in.
Such authorities shall, where the circumstances permit, inform the consular representative of the country of which the owner of the salved property is a national. The property shall be restored to the owner or to his representative as soon as it has been claimed and the interests of the salving vessel have been properly guaranteed.
The amount of the reward to be paid to the salving vessel shall be determined by the authorities of the country in whose territory is situated the port in which the salved property was delivered.
Article 12
No vessel shall, except by reason of distress, dump in the sea fishing gear, appurtenances or other articles which may obstruct or cause damage to fishing gear.
Chapter III
PROCEDURE RELATING TO THE POLICING OF THE FISHERIES
Article 13
1. Responsibility for ensuring that the provisions of chapter II of this Protocol are complied with in the zone referred to in article II of the Agreement shall rest with Norwegian fishery protection vessels.
2. Responsibility for ensuring that the provisions of chapter II of this Protocol are complied with in the zone referred to in article III of the Agreement shall rest with Soviet fishery protection vessels.
3. The commanders of vessels referred to in paragraphs 1 and 2 of this article shall carry documentary proof of their right to superintend the conduct of fishing operations, such documents to be drawn up in Russian and Norwegian and to be issued by the competent authorities of the appropriate Contracting Party.
Article 14
1. When the commander of a vessel referred to in paragraphs 1 and 2 of article 13 has reason to believe that a vessel of the other Contracting Party has infringed the provisions of chapter II of this Protocol, he or his representatives may board the said vessel and search it, insofar as such search is necessary in order to find the required evidence.
The commander of a fishery protection vessel or his representatives shall not remain longer on a vessel under search than is necessary for the conduct of the search.
Article 15
1. When a vessel belonging to the other Contracting Party is being searched, the commander of the fishery protection vessel shall draw up a statement, in Russian or Norwegian, of the reasons for and results of the search.
If, as a result of the search, the fact of an infringement by the fishing vessel of the provisions of chapter II of this Protocol is established, the Contracting Party whose representatives have discovered the infringement shall notify the other Contracting Party accordingly.
2. The master of a fishing vessel accused of infringing the provisions of chapter II of this Protocol, and the witnesses, shall be entitled to add observations to the statement, in their own language, and shall sign such observations.
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