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shall, however, be entitled to exercise their rights only within the exclusive economic zones of adjoining developed coastal States.

2. This article is subject to the provisions of articles 61 and 62.

3. Paragraph 1 is without prejudice to arrangements agreed upon in regions where the coastal States may grant to landlocked States of the same region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones.

Article 70. Right of certain developing coastal States in a subregion or region 1. Developing coastal States which are situated in a subregion or region whose geographical peculiarities make such States particularly dependent for the satisfaction of the nutritional needs of their populations upon the exploitation of the living resources in the exclusive economic zones of their neighboring States and developing coastal States which can claim no exclusive economic zones of their own shall have the right to participate, on an equitable basis, in the exploitation of living resources in the exclusive economic zones of other States in a subregion or region.

2. The terms and conditions of such participation shall be determined by the States concerned through bilateral, subregional or regional agreements, taking into account the relevant economic and geographical circumstances of all the States concerned, including the need to avoid effects detrimental to the fishing communities or to the fishing industries of the States in whose zones the right of participation is exercised.

3.

This article is subject to the provisions of articles 61 and 62.

Article 71. Nonapplicability of articles 69 and 70

The provisions of articles 69 and 70 shall 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.

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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 license, by establishing joint collaboration ventures or in any other manner which has the effect of such transfer unless otherwise agreed upon 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 enacted by it in conformity with the present 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 regulations in the exclusive economic zone may not include imprisonment, in the absence of agreement 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, through appropriate channels, the flag State of the action taken and of any penalties subsequently imposed.

Article 74. Delimitation of the exclusive economic zone between adjacent or opposite States

1. The delimitation of the exclusive economic zone between adjacent or opposite States shall be effected by agreement in accordance with equitable principles, employing, where appropriate, the median or equidistance line, and taking account of all the relevant circumstances.

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 of the present Convention.

3. Pending agreement or settlement, the States concerned shall make provisional arrangements, taking into account the provisions of paragraph 1. 4. For the purposes of the present Convention, "median or equidistance line" means the line every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured.

5. 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 coordinates

1. Subject to this Part of the present Convention, 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 determining them. Where appropriate, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation.

2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.

Par. 4 of art. 77 reads as follows:

4. The natural resources referred to in this Part of the present Convention consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.

Arts. 88 through 115 are in the General section of Part VII, entitled High Seas.

Part VI of the ICNT is entitled Continental Shelf.

Annex I of the ICNT is entitled Highly Migratory Species and reads as follows:

Highly migratory species

ANNEXES
ANNEX I

1. Albacore tuna: Thunnus alalunga.

2. Bluefin tuna: Thunnus thynnus.

3. Bigeye tuna: Thunnus obesus.

4. Skipjack tuna: Katsuwonus pelamis.

5. Yellowfin tuna: Thunnus albacares.

6. Blackfin tuna: Thunnus atlanticus.

7. Little tuna: Euthynnus alletteratus; Euthynnus affinis.

8. Frigate mackeral: Auxis thazard; Auxis rochei.

9. Pomfrets: Family Bramidae.

10. Marlins: Tetrapturus angustirostris; Tetrapturus belone; Tetrapturus pfluegeri; Tetrapturus albidus; Tetrapturus audax; Tetrapturus georgei; Makaira mazara; Makaira indica; Makaira nigricans.

11. Sail-fishes: Istiophorus platypterus; Istiophorus albicans.

12. Swordfish: Xiphias gladius.

13. Sauries: Scomberesox saurus; Cololabis saira; Cololabis adocetus; Scomberesox saurus scombroides.

14. Dolphin: Coryphaena hippurus; Coryphaena equiselis.

15. Oceanic sharks: Hexanchus griseus; Cetorhinus maximus; Family Alopiidae; Rhincodon typus; Family Carcharhinidae; Family Sphyrnidae; Family Isurida.

16. Cetaceans: Family Physeteridae; Family Balaenopteridae; Family Balaenidae; Family Eschrichtiidae; Family Monodontidae; Family Ziphiidae; Family Delphinidae.

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On March 1, 1977, the National Oceanic and Atmospheric Administration of the Department of Commerce put into effect the Fishery Conservation and Management Act, which extends U.S. jurisdiction to conserve and manage marine fisheries, except tuna, to 200 miles from U.S. shores. This fishery conservation jurisdiction encompasses more than 10 percent of the world's marine fish.

Secretary of Commerce Juanita M. Kreps described the new statute as "by far the most significant marine fishery legislation in our history. . . ." She indicated that an "immediate effect of the law would be a reduction in the amount of fish to be harvested by foreign fishermen within 200 miles of our coasts. . . ." Under the new law no foreign fishing is permitted for several important species previously caught by foreign vessels, such as cod, haddock and yellowtail flounder on the East Coast and king crab and shrimp on the West Coast. A Department of Commerce estimate suggested that the foreign harvest of 3.3 million metric tons for 1974, the last year for which complete records are available, would be reduced by a factor of one-third.

Dept. of Commerce News G 77-22 (Feb. 24, 1977).

For further information concerning Fishery Conservation and Management Act (P.L. 94-265; 90 Stat. 331; 16 U.S.C. 1801 et seq.), approved Apr. 13, 1976, see the 1976 Digest, Ch. 7, § 4, pp. 351–356.

Schedule of Fees

On February 1, 1977, the National Oceanic and Atmospheric Administration of the Department of Commerce issued a fee schedule for foreign vessels fishing for fishery resources subject to the jurisdiction of the United States. The Schedule of Fees, issued by Robert W. Schoning, Director of the National Marine Fisheries Service, establishes fees to be paid by the owner or operator of any foreign fishing vessel wishing to fish within the U.S. Fishery Conservation Zone or for anadromous species or Continental Shelf Fishery Resources over which the United States asserts jurisdiction under the Fishery Conservation and Management Act of 1976. The portions of the announcement dealing with the assessment of fees and other charges follow:

FEES SCHEDULE

The fees charged each foreign nation for fishing for fishery resources subject to the jurisdiction of the United States will be as follows:

1. Permit Fee-A fixed annual fee of $1.00 per gross registered ton (GRT) will be charged for any vessel engaged in or attempting to engage in the catching, taking, or harvesting of fish.

(a) A fixed annual fee of $0.50 per GRT will be charged for any vessel engaged in processing fish, but not catching, taking, or harvesting fish. There will be $2,500 upper limit on this charge.

(b) A fixed annual fee of $200 per vessel will be charged for any vessel engaged in aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing but not catching, taking, harvesting, or processing fish.

If a vessel participates in more than one of the above activities, the highest applicable fee will be charged.

2. Poundage Fee-For 1977, a poundage fee of 3.5 percent of the 1975 ex-vessel price of the fish will be charged on all fish allocated to each nation, including the bycatch when applicable. The 1975 dockside prices for computing fees were obtained from "Fisheries of the United States, 1975," except where noted.

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1

Squid, Pacific_____

582

Source: Foreign Fishery Information Release, 77-1, NMFS Southwest Region.

2 Source: Monthly Statistics of Agriculture, Forestry and Fisheries, November 1976. Japanese Ministry of Agriculture and Forestry.

3 No specific landings in Fisheries of the United States, 1975. The average price for the following Pacific ground fish: cod, flounders, ocean perch, and rockfish-rose from $212/Ton in 1973 to $315/Ton in 1975. The average price for 1973 was calculated from Fishery Statistics of the United States, 1973, those

for 1975 were calculated from Fisheries of the United States, 1975. Using the resulting price index of 148.6 and the 1973 price of $250/Ton for sablefish, a 1975 price of $372/Ton was estimated.

Ex-vessel price provided by Japanese Embassy.

5 The Division of Data Management and Statistics, NMFS, reviewed the raw data used to develop the value for squid in Fisheries of the United States, 1975 and calculated separate prices for Atlantic and Pacific squid.

The poundage fee may be recomputed at the end of the year on the basis of actual catch data. If the catch is substantially lower than the allocation, a refund may be applied for, as described later.

OTHER CHARGES

Foreign nations will be required to reimburse the United States for the total costs of placing observers aboard foreign fishing vessels. All costs associated with the program, including salary, per diem, and transportation of observers, as well as overhead costs, will be included in the determination of this fee. Payment of observer costs will be made upon billing at the end of the calendar year. Procedures and charges for the observers will be announced in the future.

For full text, see 42 Fed. Reg. 8176-8177 (1977).

Foreign Fishing Conditions and Restrictions

The National Oceanic and Atmospheric Administration, acting through Robert W. Schoning, Director of the National Marine Fisheries Service, made effective on March 1, 1978, regulations implementing the conditions and restrictions concerning foreign fishing in the areas over which the United States exercises exclusive fishery management authority pursuant to the Fishery Conservation and Management Act of 1976. Portions of these regulations, which amend 50 CFR chapter VI, read as follows:

§ 611.1 Purpose.

Subpart A-General

The regulations of this part implement the provisions of the Fishery Conservation and Management Act of 1976 which govern foreign fishing for fish over which the United States exercises exclusive fishery management authority. The Secretary has determined that the cognizant Regional Fishery Management Councils will be unable, by March 1, 1977, to prepare and implement fishery management plans for fisheries for which foreign nations have applied for permits to fish. Therefore, under Sections 201 (g) and 305 (g) of the Act, the Secretary has promulgated these regulations which implement preliminary fishery management plans for those fisheries.

§ 611.2 Definitions.

In addition to definitions contained in the Act, and unless the context otherwise requires, in this part 611, the following definitions

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