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to UNCLOS Table of Contents PART V EXCLUSIVE ECONOMIC ZONE Article 55. Specific legal regime of
the exclusive economic zone The exclusive economic zone is an area
beyond and adjacent to the territorial sea, subject to the specific legal
regime established in this Part, under which the rights and jurisdiction
of the coastal State and the rights and freedoms of other States are governed
by the relevant provisions of this Convention. Article 56. Rights, jurisdiction and
duties of the coastal State in the exclusive economic zone 1. In the exclusive economic zone, the
coastal State has: (a) sovereign rights for the purpose
of exploring and exploiting, conserving and managing the natural resources,
whether living or non-living, of the waters superjacent to the sea-bed
and of the sea-bed and its subsoil, and with regard to other activities
for the economic exploitation and exploration of the zone, such as
the production of energy from the water, currents and winds; (b) jurisdiction as provided for in
the relevant provisions of this Convention with regard to: (i) the establishment and use of artificial
islands, installations and structures; (ii) marine scientific research; (iii) the protection and preservation
of the marine environment; (c) other rights and duties provided
for in this Convention. 2. In exercising its rights and performing
its duties under this Convention in the exclusive economic zone, the coastal
State shall have due regard to the rights and duties of other States
and shall act in a manner compatible with the provisions of this
Convention. 3. The rights set out in this article
with respect to the sea-bed and subsoil shall be exercised in accordance
with Part VI. Article 57. Breadth of the exclusive
economic zone The exclusive economic zone shall not
extend beyond 200 nautical miles from the baselines from which the breadth
of the territorial sea is measured. Article 58. Rights and duties of other
States in the exclusive economic zone l. In the exclusive economic zone, all
States, whether coastal or land-locked, enjoy, subject to the relevant
provisions of this Convention, the freedoms referred to in article 87 of
navigation and overflight and of the laying of submarine cables and pipelines,
and other internationally lawful uses of the sea related to these freedoms,
such as those associated with the operation of ships, aircraft and
submarine cables and pipelines, and compatible with the other provisions
of this Convention. 2. Articles 88 to 115 and other pertinent
rules of international law apply to the exclusive economic zone in so far
as they are not incompatible with this Part. 3. In exercising their rights and performing
their duties under this Convention in the exclusive economic zone, States
shall have due regard to the rights and duties of the coastal State and
shall comply with the laws and regulations adopted by the coastal State
in accordance with the provisions of this Convention and other rules of
international law in so far as they are not incompatible with this Part. Article 59. Basis for the resolution
of conflicts regarding the attribution of rights and jurisdiction in the
exclusive economic zone In cases where this Convention does
not attribute rights or jurisdiction to the coastal State or to other States
within the exclusive economic zone, and a conflict arises between the interests
of the coastal State and any other State or States, the conflict should
be resolved on the basis of equity and in the light of all the relevant
circumstances, taking into account the respective importance of the interests
involved to the parties as well as to the international community as a
whole. Article 60. Artificial islands, installations
and structures in the exclusive economic zone 1. In the exclusive economic zone, the
coastal State shall have the exclusive right to construct and to authorize
and regulate the construction, operation and use of: (a) artificial islands; (b) installations and structures for
the purposes provided for in article 56 and other economic purposes; (c) installations and structures which
may interfere with the exercise of the rights of the coastal State in the
zone. 2. The coastal State shall have exclusive
jurisdiction over such artificial islands, installations and structures,
including jurisdiction with regard to customs, fiscal, health, safety and
immigration laws and regulations. 3. Due notice must be given of the construction
of such artificial islands, installations or structures, and permanent
means for giving warning of their presence must be maintained. Any installations
or structures which are abandoned or disused shall be removed to ensure
safety of navigation, taking into account any generally accepted international
standards established in this regard by the competent international organization.
Such removal shall also have due regard to fishing, the protection of the
marine environment and the rights and duties of other States. Appropriate
publicity shall be given to the depth, position and dimensions of any installations
or structures not entirely removed. 4. The coastal State may, where necessary,
establish reasonable safety zones around such artificial islands, installations
and structures in which it may take appropriate measures to ensure the
safety both of navigation and of the artificial islands,
installations an, structures. 5. The breadth of the safety zones shall
be determined by the coastal State, taking into account applicable international
standards. Such zones shall be designed to ensure that they are reasonably
related to the nature and function of the artificial islands, installations
or structures, and shall not exceed a distance of 500 metres around, them,
measured from each point of their outer edge, except an authorized by generally
accepted international standards or a recommended by the competent international
organization. Due notice shall be given of the extent of safety zones. 6. All ships must respect these safety
zones and shall comply with generally accepted international standards
regarding navigation in the vicinity of artificial islands, installations,
structures and safety zones. 7. Artificial islands, installations
and structures and the safety zone round them may not be established where
interference may be caused to the use of recognized sea lanes essential
to international navigation. 8. Artificial islands, installations
and structures do not possess the status of islands. They have no territorial
sea of their own, and their presence does not affect the delimitation of
the territorial sea, the exclusive economic zone or the continental shelf. Article 61. Conservation of the living
resources 1. The coastal State shall determine
the allowable catch of the living resources in its exclusive economic zone. 2. The coastal State, taking into account
the best scientific evidence available to it, shall ensure through proper
conservation and manage ment measures that the maintenance of the living
resources in the exclusive economic zone is not endangered by over-exploitation.
As appropriate, the coastal State and competent international organizations,
whether subregional, regional or global, shall co-operate to this end. 3. Such measures shall also be designed
to maintain or restore populations of harvested species at levels which
can produce the maximum sustainable yield, as qualified by relevant environmental
and economic factors, including the economic needs of coastal fishing communities
and the special requirements of developing States, and taking into account
fishing patterns, the interdependence of stocks and any generally recommended
international minimum standards, whether subregional, regional or global. 4. In taking such measures the coastal
State shall take into consideration the effects on species associated with
or dependent upon harvested species with a view to maintaining or restoring
populations of such associated or dependent species above levels at which
their reproduction may become seriously threatened. 5. Available scientific
information, catch and fishing effort statistics, and other data
relevant to the conservation of fish stocks shall be contributed
and exchanged on a regular basis through competent international organizations,
whether subregional, regional or global, where appropriate and with participation
by all States concerned, including States whose nationals are allowed to
fish in theexclusive economic zone. Article 62. Utilization of the living
resources 1. The coastal State shall promote the
objective of optimum utilization of the living resources in the exclusive
economic zone without prejudice to article 61. 2. The coastal State shall determine
its capacity to harvest the living resources of the exclusive economic
zone. Where the coastal State does not have the capacity to harvest the
entire allowable catch, it shall, through agreements or other arrangements
and pursuant to the terms, conditions, laws and regulations referred
to in paragraph 4, give other States access to the surplus of the allowable
catch, having particular regard to the provisions of articles 69 and 70,
especially in relation to the developing States mentioned therein. 3. In giving access to other States
to its exclusive economic zone under this article, the coastal State shall
take into account all relevant factors, including, inter alia, the significance
of the living resources of the area to the economy of the coastal State
concerned and its other national interests, the provisions of articles
69 and 70, the requirements of developing States in the subregion or region
in harvesting part of the surplus and the need to minimize economic dislocation
in States whose nationals have habitually fished in the zone or which have
made substantial efforts in research and identification of stocks. 4. Nationals of other States fishing
in the exclusive economic zone shall comply with the conservation measures
and with the other terms and conditions established in the laws and regulations
of the coastal State. These laws and regulations shall be consistent with
this Convention and may relate, inter alia, to the following: (a) licensing of fishermen, fishing
vessels and equipment, including payment of fees and other forms of remuneration,
which, in the case of developing coastal States, may consist of adequate
compensation in the field of financing, equipment and technology relating
to the fishing industry; (b) determining the species which may
be caught, and fixing quotas of catch, whether in relation to particular
stocks or groups of stocks or catch per vessel over a period of time or
to the catch by nationals of any State during a specified period; (c) regulating seasons and areas of
fishing, the types, sizes and amount of gear, and the types, sizes and
number of fishing vessels that may be used; (d) fixing the age and size of fish
and other species that may be caught; (e) specifying information required
of fishing vessels, including catch and effort statistics and vessel position
reports; (f) requiring, under the authorization
and control of the coastal State, the conduct of specified fisheries research
programmes and regulating the conduct of such research, including the sampling
of catches, disposition of samples and reporting of associated scientific
data; (g) the placing of observers or trainees
on board such vessels by the coastal State; (h) the landing of all or any part of
the catch by such vessels-in the ports of the coastal State; (i) terms and conditions relating to
joint ventures or other cooperative arrangements; (j) requirements for the training of
personnel and the transfer of fisheries technology, including enhancement
of the coastal State's capability of undertaking fisheries research; (k) enforcement procedures. 5. Coastal States shall give due notice
of conservation and management laws and regulations. Article 63. Stocks occurring within
the exclusive economic zones of two or more coastal States or both
within the exclusive economic zone and in an area beyond and adjacent
to it. l. Where the same stock or stocks of
associated species occur within the exclusive economic zones of two
or more coastal States, these States shall seek, either directly
or through appropriate subregional or regional organizations, to
agree upon the measures necessary to co- ordinate and ensure the
conservation and development of such stocks without prejudice to
the other provisions of this Part. 2. Where the same stock or stocks of
associated species occur both within the exclusive economic zone
and in an area beyond and adjacent to the zone, the coastal State
and the States fishing for such stocks in the adjacent
area shall seek, either directly or through appropriate subregional
or regional organizations, to agree upon the measures necessary for
the conservation of these stocks in the adja cent area. Article 64. Highly migratory species 1. The coastal State and other States
whose nationals fish in the region for the highly migratory species
listed in Annex I shall co operate directly or through appropriate
international organizations with a view to ensuring conservation
and promoting the objective of optimum utilization of such species
throughout the region, both within and beyond the exclusive economic
zone. In regions for which no appropriate international organization
exists, the coastal State and other States whose nationals harvest
these species in the region shall co-operate to establish such an
organization and participate in its work. 2. The provisions of paragraph 1 apply
in addition to the other provisions of this Part. 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 inter national 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 re sources 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 appro priate 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 circum stances of all the States concerned
and in conformity with the pro visions 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 semienclosed seas, whose geographical situation makes
them dependent upon the exploitation of the living resources of the
exclusive econ omic 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 land-locked 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. Article 71. Non-applicability of articles
69 and 70 The provisions of articles 69 and 70
do not apply in the case of a coastal State whose economy is overwhelmingly
dependent on the exploitation of the living resources of its
exclusive economic zone. Article 72. Restrictions on transfer
of rights 1. Rights provided under articles 69
and 70 to exploit living resources shall not be directly or indirectly
transferred to third States or their nationals by lease or licence,
by establishing joint ventures or in any other manner which has the
effect of such transfer unless otherwise agreed by the States concerned. 2. The foregoing provision does not
preclude the States concerned from obtaining technical or financial
assistance from third States or international organizations in order
to facilitate the exercise of the rights pursuant to articles 69
and 70, provided that it does not have the effect referred to in
paragraph 1. Article 73. Enforcement of laws and
regulations of the coastal State 1. The coastal State may, in the exercise
of its sovereign rights to explore, exploit, conserve and manage
the living resources in the exclusive economic zone, take such measures,
including boarding, inspection, arrest and judicial proceedings,
as may be necessary to ensure compliance with the laws and regulations
adopted by it in conformity with this Convention. 2. Arrested vessels and their crews
shall be promptly released upon the posting of reasonable bond or
other security. 3. Coastal State penalties for violations
of fisheries laws and regula tions in the exclusive economic zone
may not include imprisonment, in the absence of agreements to the
contrary by the States concerned, or any other form of corporal punishment. 4. In cases of arrest or detention of
foreign vessels the coastal State shall promptly notify the flag
State, through appropriate channels, of the action taken and of any
penalties subsequently imposed. Article 74. Delimitation of the exclusive
economic zone between States with opposite or adjacent coasts 1. The delimitation of the exclusive
economic zone between States with opposite or adjacent coasts shall
be effected by agreement on the basis of international law as referred
to in Article 38 of the Statute of the International Court of Justice,
in order to achieve an equitable solution. 2. If no agreement can be reached within
a reasonable period of time, the States concerned shall resort to
the procedures provided for in Part XV. 3. Pending agreement as provided for
in paragraph 1, the States concerned, in a spirit of understanding
and co-operation, shall make every effort to enter into provisional
arrangements of a practical nature and, during this transitional
period, not to jeopardize or hamper the reaching of the final agreement.
Such arrangements shall be without prejudice to the final delimitation. 4. Where there is an agreement in force
between the States concerned, questions relating to the delimitation
of the exclusive economic zone shall be determined in accordance
with the provisions of that agreement. Article 75. Charts and lists of geographical
co-ordinates 1. Subject to this Part, the outer limit
lines of the exclusive economic zone and the lines of delimitation
drawn in accordance with article 74 shall be shown on charts of a
scale or scales adequate for ascertaining their position. Where appropriate,
lists of geographical co-ordinates of points, specifying the geodetic
datum, may be sub stituted for such outer limit lines or lines of
delimitation. 2. The coastal State shall give due
publicity to such charts or lists of geographical co-ordinates and
shall deposit a copy of each such chart or list with the Secretary-General
of the United Nations. Continue to next part Back
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