United Nations Convention on the Law of the Sea

Article 65
Marine mammals

Nothing in this Part restricts the right of a coastal State or the
competence of an international organization, as appropriate, to prohibit,
limit or regulate the exploitation of marine mammals more strictly than
provided for in this Part. States shall co-operate with a view to the
conservation of marine mammals and in the case of cetaceans shall in
particular work through the appropriate International Organizations for
their conservation, management and study.

Article 66
Anadromous stocks

1. States in whose rivers anadromous stocks originate shall have the
primary interest in and responsibility for such stocks.

2. The State of origin of anadromous stocks shall ensure their conservation
by the establishment of appropriate regulatory measures for fishing in all
waters landward of the outer limits of its Exclusive Economic Zone and for
fishing provided for in paragraph 3(b). The State of origin may, after
consultations with the other States referred to in paragraphs 3 and 4
fishing these stocks, establish total allowable catches for stocks
originating in its rivers.

3. (a) Fisheries for anadromous stocks shall be conducted only in waters
landward of the outer limits of exclusive economic zones, except in
cases where this provision would result in economic dislocation for a
State other than the State of origin. With respect to such fishing
beyond the outer limits of the Exclusive Economic Zone , States
concerned shall maintain consultations with a view to achieving
agreement on terms and conditions of such fishing giving due regard
to the conservation requirements and the needs of the State of origin
in respect of these stocks.
(b) The State of origin shall co-operate in minimizing economic
dislocation in such other States fishing these stocks, taking into
account the normal catch and the mode of operations of such States,
and all the areas in which such fishing has occurred.
(c) States referred to in subparagraph (b), participating by agreement
with the State of origin in measures to renew anadromous stocks,
particularly by expenditures for that purpose, shall be given special
consideration by the State of origin in the harvesting of stocks
originating in its rivers.
(d) Enforcement of regulations regarding anadromous stocks beyond the
exclusive economic zone shall be by agreement between the State of
origin and the other States concerned.

4. In cases where anadromous stocks migrate into or through the waters
landward of the outer limits of the exclusive economic zone of a State
other than the State of origin, such State shall co-operate with the State
of origin with regard to the conservation and management of such stocks.

5. The State of origin of anadromous stocks and other States fishing these
stocks shall make arrangements for the implementation of the provisions of
this article, where appropriate, through regional organizations.

Article 67
Catadromous species

1. A coastal State in whose waters catadromous species spend the greater
part of their life cycle shall have responsibility for the management of
these species and shall ensure the ingress and egress of migrating fish.

2. Harvesting of catadromous species shall be conducted only in waters
landward of the outer limits of exclusive economic zones. When conducted in
exclusive economic zones, harvesting shall be subject to this article and
the Other provisions of this Convention concerning fishing in these zones.

3. In cases where catadromous fish migrate through the exclusive economic
zone of another State, whether as juvenile or maturing fish, the
management, including harvesting, of such fish shall be regulated by
agreement between the State mentioned in paragraph 1 and the other State
concerned. Such agreement shall ensure the rational management of the
species and take into account the responsibilities of the State mentioned
in paragraph I for the maintenance of these species.

Article 68
Sedentary species

This Part does not apply to sedentary species as defined in article 77,
paragraph 4.

Article 69
Right of land-locked States

1. Land-locked States shall have the right to participate, on an equitable
basis, in the exploitation of an appropriate part of the surplus of the
living resources of the exclusive economic zones of coastal States of the
same subregion or region, taking into account the relevant economic and
geographical circumstances of all the States concerned and in conformity
with the provisions of this article and of articles 61 and 62.

2. The terms and modalities of such participation shall be established by
the States concerned through bilateral, subregional or regional agreements
taking into account, inter alia:

(a) the need to avoid effects detrimental to fishing communities or
fishing industries of the coastal State;
(b) the extent to which the land-locked State, in accordance with the
provisions of this article, is participating or is entitled to
participate under existing bilateral, subregional or regional
agreements in the exploitation of living resources of the exclusive
economic zones of other coastal States;
(c) the extent to which other land-locked States and geographically
disadvantaged States are participating in the exploitation of the
living resources of the exclusive economic zone of the coastal State
and the consequent need to avoid a particular burden for any single
coastal State or a part of it;
(d) the nutritional needs of the populations of the respective States.

3. When the harvesting capacity of a coastal State approaches a point which
would enable it to harvest the entire allowable catch of the living
resources in its exclusive economic zone, the coastal State and other
States concerned shall co-operate in the establishment of equitable
arrangements on a bilateral, subregional or regional basis to allow for
participation of developing land-locked States of the same subregion or
region in the exploitation of the living resources of the exclusive
economic zones of coastal States of the subregion or region, as may be
appropriate in the circumstances and on terms satisfactory to all parties.
In the implementation of this provision the factors mentioned in paragraph
2 shall also be taken into account.

4. Developed land-locked States shall, under the provisions of this
article, be entitled to participate in the exploitation of living resources
only in the exclusive economic zones of developed coastal States of the
same subregion or region having regard to the extent to which the coastal
State, in giving access to other States to the living resources of its
exclusive economic zone, has taken into account the need to minimize
detrimental effects on fishing communities and economic dislocation in
States whose nationals have habitually fished in the zone.

5. The above provisions are without prejudice to arrangements agreed upon
in subregions or regions where the coastal States may grant to land-locked
States of the same subregion or region equal or preferential rights for the
exploitation of the living resources in the exclusive economic zones.

Article 70
Right of geographically disadvantaged States

1. Geographically disadvantaged States shall have the right to participate,
on an equitable basis, in the exploitation of an appropriate part of the
surplus of the living resources of the exclusive economic zones of coastal
States of the same subregion or region, taking into account the relevant
economic and geographical circumstances of all the States concerned and in
conformity with the provisions of this article and of articles 61 and 62.

2. For the purposes of this Part, “geographically disadvantaged States”
means coastal States, including States bordering enclosed or semi-enclosed
seas, whose geographical situation makes them dependent upon the
exploitation of the living resources of the exclusive economic zones of
other States in the subregion or region for adequate supplies of fish for
the nutritional purposes of their populations or parts thereof, and coastal
States which can claim no exclusive economic zones of their own.

3. The terms and modalities of such participation shall be established by
the States concerned through bilateral, subregional or regional agreements
taking into account, inter alia:
(a) the need to avoid effects detrimental to fishing communities or
fishing industries of the coastal State;
(b) the extent to which the geographically disadvantaged State, in
accordance with the provisions of this article, is participating or
is entitled to participate under existing bilateral, subregional or
regional agreements in the exploitation of living resources of the
exclusive economic zones of other coastal States;
(c) the extent to which other geographically disadvantaged States and
landlocked States are participating in the exploitation of the living
resources of the exclusive economic zone of the coastal State and the
consequent need to avoid a particular burden for any single coastal
State or a part of it;
(d) the nutritional needs of the populations of the respective States.

4. When the harvesting capacity of a coastal State approaches a point which
would enable it to harvest the entire allowable catch of the living
resources in its exclusive economic zone, the coastal State and other
States concerned shall co-operate in the establishment of equitable
arrangements on a bilateral, subregional or regional basis to allow for
participation of developing geographically disadvantaged States of the same
subregion or region in the exploitation of the living resources of the
exclusive economic zones of coastal States of the subregion or region, as
may be appropriate in the circumstances and on terms satisfactory to all
parties. In the implementation of this provision the factors mentioned in
paragraph 3 shall also be taken into account.

5. Developed geographically disadvantaged States shall, under the
provisions of this article, be entitled to participate in the exploitation
of living resources only in the exclusive economic zones of developed
coastal States of the same subregion or region having regard to the extent
to which the coastal State, in giving access to other States to the living
resources of its exclusive economic zone, has taken into account the need
to minimize detrimental effects on fishing communities and economic
dislocation in States whose nationals have habitually fished in the zone.

6. The above provisions are without prejudice to arrangements agreed upon
in subregions or regions where the coastal States may grant to
geographically disadvantaged States of the same subregion or region equal
or preferential rights for the exploitation of the living resources in the
exclusive economic zones.

Author: international