Agreement between the Government of Iceland, the Government of Norway and the Government of the Russian Federation concerning Certain Aspects of Co-operation in the Area of Fisheries
Done at: St. Petersburg
Date enacted: 1999-05-15
In force: not in force
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.
Protocol between the Government of Iceland and the Government of Norway Under the Agreement Between the Government of Iceland, the Government of Norway and the Government of the Russian Federation Concerning Certain Aspects of Co-operation in the Area of Fisheries
With reference to Article 3 of the Agreement between the Government of Iceland, the Government of Norway and the Government of the Russian Federation concerning certain aspects of co-operation in the area of fisheries, signed 15th of May, 1999 (hereinafter referred to as the Agreement), a separate bilateral arrangement between the Government of Iceland and the Government of Norway has been concluded as follows:
Article 1
A total allowable catch (TAC) for North East Arctic cod of 480 000 tons for 1999 has been recognized by the Government of Norway and the Government of the Russian Federation. Iceland is allocated a total cod quota of 8 900 tons in 1999 of which Iceland is granted access to fish 4 450 tons in the Norwegian Exclusive Economic Zone north of 62oN.
The Icelandic quota of North East Arctic cod shall for the subsequent years be calculated as a fixed proportion of the TAC based on the quota for 1999.
In the event that the TAC is below 350 000 tons, the Icelandic quota is suspended. In that case, Norwegian quotas and fishing opportunities referred to in Article 3 are also suspended.
Iceland shall not undertake fishing for Barents Sea capelin for the period for which the Agreement is in force.
Article 2
In order to conduct a rational fishery, Iceland is allocated an annual by-catch quota of other species amounting to 30% of the Icelandic annual quota of North East Arctic cod.
Article 3
The Norwegian fishing opportunities in the Icelandic Exclusive Economic Zone shall in 1999 consist of the following:
| a. |
500 tons of tusk, ling and blue ling in a longline fishery outside 12 n. m. of the baselines and south of 64oN; |
| b. |
17 000 tons of capelin to be fished north of 64o30'N. The fishing season starts 20 June, unless otherwise agreed, and lasts until 15 February the following year. |
For subsequent years the quota referred to in paragraph 1a) shall remain constant whereas the capelin quota referred to in paragraph 1b) shall be adjusted proportionately to the annual Icelandic quota referred to in Article 1, paragraph 2.
However, in the event the stock in question is below critical biological level, the Norwegian quota of that stock will be suspended. In such event, the Parties will enter into negotiations on alternative compensation.
Article 4
In order to conduct a rational longline fishery, Norway is allocated an annual bycatch quota of other species amounting to 25% of the Norwegian annual quota of tusk, ling and blue ling. The bycatch of halibut, Greenland halibut and deep sea redfish shall not exceed 5%, 10% and 10% respectively.
Article 5
Norway shall duly notify Iceland about the Icelandic quotas and fishing opportunities calculated in accordance with Article 1, paragraph 2. Upon receipt of such notifications, Iceland shall duly notify Norway about the Norwegian quotas and fishing opportunities referred to in Article 3, paragraph 2.
Article 6
The number of Icelandic vessels entitled to fish under this Protocol in the Norwegian Exclusive Economic Zone north of 62oN at any given time is restricted to 15 vessels.
The number of Norwegian vessels entitled to fish with longline and for capelin under this Protocol in the Icelandic Exclusive Economic Zone at any given time is restricted to 3 and 5 respectively. The vessels fishing with longline shall not on the same trip conduct fishery in international waters.
Article 7
Applications for licences shall be forwarded to the Directorate of Fisheries, Bergen and the Directorate of Fisheries, Reykjavik, respectively.
Article 8
Each Party shall notify in advance the other Party of relevant rules and regulations governing the Fishing within its Exclusive Economic Zone.
Article 9
This Protocol shall enter into force on the date of entry into force of the Agreement.
The Protocol shall remain in force for the same period of time as the Agreement. The Protocol shall terminate on the date of termination of the Agreement.
A Party may request a review of this Protocol by formal notification to the Depositary through diplomatic channels no later than six months before the expiration of the respective period referred to in Article 12, paragraph 2, of the Agreement.
In case the Icelandic quota has been suspended for two successive years in accordance with Article 1, paragraph 3, of this Protocol, Iceland may request a review of this Protocol, unless the TAC for the third successive year exceeds the TAC level referred to in Article 1, paragraph 3.
Done at St. Petersburg this 15th day of May, 1999 in two originals in the Icelandic, Norwegian and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
Protocol between the Government of Iceland and the Government of the Russian Federation under the Agreement Between the Government of Iceland, the Government of Norway and the Government of the Russian Federation concerning Certain Aspects of Co-operation in the Area of Fisheries [*]
With reference to Article 3 of the Agreement between the Government of Iceland, the Government of Norway and the Government of the Russian Federation concerning certain aspects of co-operation in the area of fisheries, signed 15th of May, 1999 (hereinafter referred to as the Agreement), a separate bilateral arrangement between the Government of Iceland and the Government of the Russian Federation has been concluded as follows:
Article 1
A total allowable catch (TAC) for North East Arctic cod of 480 000 tons for 1999 has been recognized by the Government of the Russian Federation and the Government of Norway. Iceland is allocated a total cod quota of 8 900 tons in 1999 of which Iceland is granted access to fish 4 450 tons in the Exclusive Economic Zone of the Russian Federation.
The Icelandic quota of North East Arctic cod shall for the subsequent years be calculated as a fixed proportion of the TAC based on the quota for 1999.
In the event that the TAC is below 350 000 tons, the Icelandic quota is suspended.
1 669 tons of the Icelandic quota in the Exclusive Economic Zone of the Russian Federation in 1999 and a corresponding proportion in the following years shall be subject to payment in accordance with the provisions of this paragraph. Before 1 May 1999 and before 1 February each year thereafter, Russian authorities shall offer Icelandic vessel owners this part of the quota at a price announced by the Government of the Russian Federation, taking into account the market situation. The offer shall remain open until 1 July in the respective year.
Iceland shall not undertake fishing for Barents Sea capelin for the period for which the Agreement is in force.
Article 2
In order to conduct a rational fishery, Iceland is allocated an annual by-catch quota of other species amounting to 30% of the Icelandic annual quota of North East Arctic cod in accordance with the fishing regulations of the Russian Federation.
Article 3
The Russian Federation will duly notify Iceland about the Icelandic quotas and fishing opportunities calculated in accordance with Article 1, paragraph 2.
The Russian Federation will notify Iceland in advance of measures, terms and conditions, and rules and regulations governing issuance of permits.
Article 4
In addition to fishing rights outlined in Articles 1 and 2 of this Protocol and in accordance with the laws, rules and regulations of the Parties and Articles 4 and 8 of the Agreement, special arrangements by private entities in the two countries may provide for additional fishing possibilities.
Article 5
The competent authority of Iceland shall communicate well in advance to the competent authority of the Russian Federation the names, registration numbers and other relevant particulars of the fishing vessels which apply for permission to fish within the Exclusive Economic Zone of the Russian Federation.
The Russian Federation may require that fishing within its Exclusive Economic Zone by fishing vessels of Iceland shall be subject to licence. The number of licences shall reflect the quotas allocated pursuant to this Protocol and the capacity of the fishing vessels concerned.
Article 6
Iceland will, while fishing in the Exclusive Economic Zone of the Russian Federation, take appropriate measures with a view to ensuring compliance by its fishing vessels with the provisions of this Protocol and in accordance with national laws, rules and regulations for fisheries in the Exclusive Economic Zone of the Russian Federation for conservation of the living resources.
The Russian Federation may, in conformity with international law and national laws, rules and regulations, take such measures as may be necessary to ensure compliance with the provisions of this Protocol by fishing vessels of Iceland fishing within its Exclusive Economic Zone.
Article 7
Iceland gives its consent for boarding by duly authorized officials of the Russian Federation of vessels fishing within the Exclusive Economic Zone of the Russian Federation and inspection by them of its vessels in accordance with laws, rules and regulations of the Russian Federation and international law. In case of detection of violations by officials, Iceland accepts that it will not object against appropriate measures taken against its nationals and its fishing vessels by officials of the Russian Federation in accordance with laws, rules and regulations of the Russian Federation and international law, including detention or arrest of a vessel and its crew.
Iceland will take appropriate measures to provide access of observers from the Russian Federation at its request on board vessels fishing within the Exclusive Economic Zone of the Russian Federation in accordance with this Protocol, and undertakes to reimburse expenses connected with the stay of observers in accordance with the laws, rules and regulations of the Russian Federation, and by mutual arrangement.
The Russian Federation has the right to apply appropriate sanctions and other measures in accordance with its legislation for violations of laws, rules and regulations concerning the conduct of fishing in its Exclusive Economic Zone.
In case of detention or arrest of a vessel of Iceland by the authorities of the Russian Federation, the action taken and subsequent measures will be notified to the competent authority of Iceland without delay.
The Russian Federation will immediately release a vessel of Iceland and its crew upon the deposit of a reasonable bond or other security.
Article 8
This Protocol shall enter into force on the date of entry into force of the Agreement.
The Protocol shall remain in force for the same period of time as the Agreement. The Protocol shall terminate on the date of termination of the Agreement.
A Party may request a review of this Protocol by formal notification to the Depository through diplomatic channels no later than six months before the expiration of the respective period referred to in Article 12, paragraph 2, of the Agreement.
In case the Icelandic quota has been suspended for two successive years in accordance with Article 1, paragraph 3, of this Protocol, Iceland may request a review of this Protocol, unless the TAC for the third successive year exceeds the TAC level referred to in Article 1, paragraph 3.
Done at St. Petersburg this 15th day of May 1999 in two originals in the Icelandic, Russian and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
| [*] |
This Protocol entered into force 1999-07-15. |