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. 

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