Worldwide Report Law of the Sea No. 142

JPRS 77575
12 March 1981

Worldwide Report

LAW OF THE SEA

No. 142

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JPRS 77575

12 March 1981
WORLDWIDE REPORT
LAW OF THE SEA
No. 142
CONTENTS
WORLDWIDE AFFAIRS
USSR Wante Original New Zealand Fishing Quota Reatored
(THE NEW ZEALAND HERALD, 90 Jam BL). ccc ccc cece eee e een wwwwnnes l
ASIA
INTER-ASIAN AFFAIRS
New Zealanders Rap Japanese Fisheries Research Team
(THE PRESS, 27 Jan Gh)ccsscscssccccccsescessesesesececesesssees 3

Taiwanese Boats in Squid Netting Test in New Zealand ‘aters
(THE EVENING POST, 14, 16 Jan 81; THE NEW ZEALAND HERALD,
BD TGR Thc cccccccccccccccccccccccccceccceccece TITTTTTiTiiy 4

New Zealand Condittons
Beginning of Experiment
Initial Catches Poor

Thai Fishermen Claim To Be Victims of Vietnamese Pirates

(BAN MUANG, 30 Jam Bl). cccccccceeeseeeeeeeeeessesesesessesseess 6
Malacca Strait Pollution Contro) Signed

(THE WORKING PEOPLE'S DAILY, 14 Peb www wwnues 8
ROC Wants Fishing Accord With Philippines

CEA, 9 TR Th pe cccccccccccccccccccccccccccccccececcececccccees 9

AUSTRALIA

Briefs

Prawn Fishing 10

-a- [IIl - WW = 136]

NEW ZRALAND

Squid Fishing Season Opens, Excellent Catches Reported

(THE PRESS, 19 Jan TTT TiTiT seepeeeeee
Covernment Study Reveals Richest, Poorest Fishing Waters
(THE PRESS, 20 Jan — ———— seeeee sereepeeeeeee
LATIN AMERICA

INTER-AMERICAN AFFAIRS

Chile, Peru, Beuador Condemn Sea Limit Viol :tione

(EFE, 24 Jan PPnesceeooeceeeeeseees cease ceececceceeoeeseet ee
Briefs
Cuban Ships Warned on 200-Mile Limit
CHILE
Editorial Sees Soviet Designs on Mar De Chile
(Editorial; EL MERCURIO, 27 Jam B1).....655. TYTTTTITITITTTy e086
CUBA
UN Discussions of Ocean Nodules Controversy Noted
(Jose Bodes Gomez; PRISMA LATINOAMERICANO, Nov 80). .....6cc005s
GUYANA
Editorial Views Locaribe, Stresses LOS Cooperation
(Editorial; GUYANA CHRONICLE, 8 Jan 81)... ...ccccccwcecwnees TTT
Briefs
Suriname Fishing
JAMAICA
Editorial Comments on ‘Law of the Sea’
(Editorial; THE SUNDAY GLEANER, 11 Jam B81)... . ccc ccc ccc nwnwnnee
SUB-SAHA®RAN AFRICA
SEYCHELLES

Seventy-two Vessels Apply for Fishing Rights
(NATION, 12 Feb Bl)... cc ccccceeeweeeeeesseeeee occcccccccces

ll

12

13

15

16

18

20

22

23

24

WEST FUROPE

INTERNATIONAL AFFAIRS

Briefs

leeland “aroes Fishing Accord

FEDERAL REPUBLTC OF GERMANY

TURKEY

Newspaper Analyzes Resulte of LOS Conference

(Rudolf Dolzer; FPRANKFURTER ALLGEMEINE, 5 Feb 81).....ceeeeeees

Fishing Industry Suffers From Lack of Quota Agreement

Briefs

(DER SPIEGEL, 2 Feb Bl) icc cccccceec cece eeeeeeeeeeeeneeeeeneeees

Aegan Continental Shelf

75

26

3)

33

WORLDWIDE AL FAIRS

USSR WANTS ORIGINAL NEW ZEAL..ND FISHING QUOTA RESTORED
Auckland THE NEW ZEALAND HERALD in English 30 Jan 81 p 1

[Text] The Soviet Union wants its fishing quota restored
to the pre-Afghanistan embargo level and is optimistic that
the New Zealand Government may agree.

But the director of the fisheries management division of the Ministry of Agri-
culture and Fisheries, Mr Brian Cunningham, said the total allowable catch for
all species of fin fish next year would probably be not too different from the
current season.

The Government cut the Russian quota by about half to 32,500 tonnes after the
United States called for trade embargoes on Russia in protest at the invasion of
Afghanistan.

The ministry will discuss the foreign fin-fish quotas soon to set the quotas for
the 1981-82 season, which begins at the end of March.

Under Quota

Yesterday, the Soviet Union's fisheries liaison officer, Mr Oleg Bakurin, said
Russia's first wish was for the old quota to be restored.

Russian fishing boats working under the licensed quota system this season have
been unable to take their full allocation.

Mr Bakurin said only about half of the quota (about 15,000 tonnes) would be taken
because the fishing area allocated to its boats was a poor one.

Shortly after the Russian quota was slashed, the ministry also pulled out of a
research project using several Russian trawlers.

Mr Bakurin said Russia was willing and ready to resume the project because his
country was anxious to restore all bilateral relationships. But ministry
sources suggest that Russia's chances of getting its old quota back are remote.

One official said the ministry wants to go through a period of consolidation for
all foreign fishing.

it han already asked foreign joint=venture companies to make voluntary cute
to their catches,

Japan will be happy if it can rete 'n ite 79,500-tonme quota next season, accord-
ing to ite fisheries Liaison officer, Mr Takafumi Nobukuni.

Voluntary Cut

[t ie unlikely to take ite full allocation this year because of difficulties
in maintaining catches in the southernmost and most rugged zone.

South Korea voluntarily cut its fishing effort this year for financial reasons
and is expected to take only a small part of ite 25,500-tonne allocation.

It has plans to step up ite fin-fishing a Little next season.

CSO: 5200

NEW ZEALANDERS RAP

JAPANESE FISHERIES RESEARCH TEAM

Christchurch THE PRESS in English 27 Jan 81 p 5

[Text]

PA Well agtor

The Governments fish.
mt polcy @® caunng Da
losses of export eamings
from savuid, according to
the Fieh Exporters’ Asso
tiathoen

Tie assuciwlions pres:
dent, Mr KR. Hartison, said
the poles favoured for
eon Th eased squid vescels
wer te export-earning
jonmt-venture Boats

Jont-venture fishermen
were aleo concerned about
the Government's decision
to allow a Japanese fish

erves research team ty
work om New Zealand
waters this summer, he
said.

Mr Harreon, who 6
also charmman of the gs
venture committee of the

afood Processors and

there was concern
that Japan wanted a big
err fiohing quota in return
for the research

He called for much
more Government spend.
ma on fisheries research
so that joint-venture com.
pemies had enourh infor
mation on which to base
toeir “wery expensive” in.
vestment.

Mr Harrison sud for.

eign censed squid boals
did not have to comply

LNTER“ASIAN AFFALRS

wih Miniwtry of Trane
port surveys or Minwtry
~~
— yojoone regulat
They could transier their
cat. es into carrying
boats af sea, unlike joint
venture boats which had
to return to port.

Ths effect was to nake
‘quid fishing by foreign.
hoensea vessels more al-
tractive than by joint-ven

tre Yer mnt ventures
would give New Zealand
experince in developing

the resource. and would
eer good export money
All New Zealand got from
foreign-licensed veasels
was the fee

J
ili:

tT fe iti

ae
ig

INTER“ASIAN AFFALRS

, Jan 14 (PA)--Experimental syuid fishing using nets rather than jig-

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Initial Catches Poor

Auckland THE NEW ZEALAND HERALD in English 29 Jan 81 p 8

[Tex t 7

CSO:

5200

Taiwanese net-
ting for squid, using
nels up to 21 8

metres

Two
fishing
the South Island about two
weeks ago in a scheme to
see if this method is more ef-
fective than squid .

The director of

Four Approved

—
gauge the effectiveness

to

of

ithe system a longer trial was
apa wes given ter
four netters to come
to New this squid
season, have
only*two|

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INTER=ASIAN AFFAIRS

THAI FISHERMEN CLAIM TO BE VICTIMs OF VISTNAMESE PIRATES
Bangkok BAN MUANG in “hai 30 Jan 81 pp l, 2
LArticle: "Fishermen Appeal to RTN"]

_ Text] 1t has been disclosed that Vietnam regularly sends pirates to
rob fishing bouts in Thai waters in the area of Pak Phanang District
and nearby provinces in order to seize the boats and take the fish
for food, Appeals have been made to the government to orderthe Navy
to send some ships to patrol ,the area] and protect the fishermen,
It has been revealed that Pak Phanang 1S a weakpoint that Vietnam
can invade since it takes only 24 hours for boats to reach here.

Mx Phongsak ButScaranuwong, the president of the Pak Phanang

municipal council, and Mr suphot Klasukhon, a member of the Fishing
Cooperative in Pak Phanang District, Nakhon Sithammarat Province,
talked with reporters at parliament yesterday morning (29 January).
They disclosed that, at present, it appears that pirates, who are
thought to be Vietnamese soldiers, are using modern boats and

weapons to regularly rob Thai fishing boats. It has reached the point
where the fishermen are afraid to go out to fish. This has been going
on since the end of December, Fishermen who pass near Ka Island in
Pak Phanang Disitrict are reqularly robbed. To date, more than 10
fishing boats have been robbed. This includes boats from Pattani,
Lonckhla and Nakhon Sithammarat. Concerning the actions of these
Vietnamese pirates, after robbing the fishermen, they seize the boats
and take the fish too for food. As for the fishermen, in some cases,
all the men aboard the fishing boat have been killed. In other cases,
the fishermen have been set adrift in the sea. For example, in the
case of the boats Named the "Phun Phon" and the "T. Laksana," 12
fishermen were Killed and only one survived. The value of the goods
stolen is not known, gach boat was valued at almost 1 million baht
but this does not include the value of the fish and other items,

Mr Phongsak also stated that, concerning the Vietnamese who are
involved in this, it is certain that they are Vietnamese soldiers
because they use weapons that are used on the battlefields, It is
thought that they are engaging in such activities for three reasons:
1. They are doing this in order to see how well we patrol our
territorial waters. 2. They want to terrorize the Thai people.

3. They want to seize food from Thailand and use it to feed their
troops who are disculised as civilians or as Vietnamese refugees,

However, Mr Phongsak stated that each time Vietnamese pirates rob
Thai fishermen, it is very easy for them to encer the area without
any of our officials concerned being aware of it. They can come and
go freely each time. This is different from the situation in Malaysia,
Malaysia has very tough nalLional defense measures. Neither Vietnamese
refugees nor anyone else can get in. If they enter MalaySia, they are
immediately forced to leave. Strangers who slip in are immediately
discovered and intercepted. As for us, Vietnamese refugees enter the
country and live here for a long time before we find out, It is only
when we see larje numbers of them walking on the beach that we find
out! Our defense measures are very weak and it is very distressing

if somethine happens. In particular, the important thing is that the
coast of Pak Phananc and the ceast of Vietnam are only 24 hours

away by boat. It is expected that during this coming March and April,
large numbers of Vietnamese r-fugees will enter Thailand since, during
this period, there are no storms, the winds are gentle and travelling
by boat is very convenient.

Concerning defense measures, Mr Somphong stated that he would 1ike to
propose that the qovernment quickly implement defense measures and
put a stop to this. In particular, the Navy should send more ships to
patrol the Gulf of Thailand; otherwise, larger and larger numbers of
Vietnamese refucees will flow into Thailand, If they are allowed to
enter Thailand and are not forced out or intercepted, this will

later create problems for the government, which will have to

solve the problens later. Concerning the government boats in Pak
Phanang vistrict, at present, there is only one marine police boat
but even it cannot be used because the government has not budgeted
money to buy gasoline for it. As for the Vietnamese refugees in Pak
Phanang, there were 120 people here and just recently more than 60
more refugees urrived,

11943
CSO: 5200

LNTER@ASLAN APVALKS

MALACCA STRAIT POLLUTION CONTROL SIGNED

Rangoon THE WORKING PEOPLE'S DALLY in English 14 Feb 61 p 6

“all

—

— 1M:

ane ha —*

Moy (hit:
tel pill eis

iy
i ha

[Text }

4

5700

CSO:

INTER@ASIAN AFFAIRS

ROC WANTS FISHING ACCORD WITH PHILIPPINES

OWO31451 Taipei CNA in English 1350 GMT 3 Mar 41

[Text] Taipei, 3 Mar (CNA)=<The Republic of China wante to take the initiative to

negotiate with the Philippines on the overlapping water areas between the economic sones
of the two neighboring countries, Economics Minteter Chang Kwang-ehih eaid Tuesday.

Although Taipel and Manila maintain no formal diplomatic relations, there should be an
agreement to settle all disagreements regarding fishing righte on the overlapping water
areas, Chang pointed out, when anewering an interpellation at the Legislative Yuan,
Chang said the Republic of China ie planning to send representatives to the Philippines
to sort out matters in dispute, including the release of over 40 Taiwan fiehing boats
detained by the Philippine authorities recently. The Republic of China te seeking 4
fishery cooperation project with the Philippines for @utual benefite, Chang said,
adding that initial negotiations are underway.

Chang's remarke came one day after a statement by the Economice Ministry calling on
fishermen to refrain from operating in the vicinity of the Baten Islands, north of the
Phillipines, to avoid disputes. The statement aleo warned fishermen not to approach
the “undefined” areas covered by the economic sones declared by the two countries.

CSO: 5200

AUSTRALIA

PRAWN FISHING--Canberra.--The Federal Government would spend up to $100,000 on
exploratory trawling in deep water off southeastern Australian for royal red
prawne, The Federal Primary Industry Minister, Mr Nixon, said yesterday, the
operation would be carried out in April and May off the coast between Robe, South
Auetralia, and Strahan, Taemania. [Text] [Br‘ebane THE COURLER-MAIL in English
13 Jan 81 p 3)

cso: 5200

10

NEW ZEALAND

SQUID FISHING SEASON OPENS, EXCELLENT CATCHES REPORTED

81 p l2

Christehureh THE PRESS in English 19 Jan

[Text]

es nae ae

ie it Ht i —

——

iia i itt

5200

cS0:

ll

GOVERNMENT STUDY REVEALS RICHEST, POOREST FISHING WATERS

Christehureh THE PRESS in English 20 Jan 81 p 7
[Text] New

A
it

Hy

1

CSO: 5200

NEW ZEALAND

INTER“AMERICAN AFFAIRS

CHILE, PERU, RCUADOR CONDEMN SEA LIMIT VIOLATIONS

PA252309 Madrid EFE in Spanieh 2234 GMT 24 Jan 6)

[Text] Cali, Colombia, 24 Jan (EFE)=-The foreign ministers of Chile, Peru, Beuador and
Colombia today .ondemned the vielations to the )00—mile sea limite that each of their
countries has set.

In 4 so-called Declaration of Cali, Ministers Rene Rojas Gaidames, Alfonso Barrera, Javier
Arias and Diego Uribe, of Lite, Bewador, Peru and Colombia, respectively, rejected
coercive measures imposed on the southern Pacific states in opposition to the OAS Charter
and in international law.

The ministers noted with pleasure that the objectives and principles established in the
“Declaration of Santiago” in 1952 have served as basis for a policy aimed at the
decolonization of the seas and at 4 restructuring of the law of the sea to establish an
equitable and just juridical order that gives special consideration to the interests of

the developing countries. The ministers agreed to continue working in a coordinated fashion
to safeguard and consolidate their achievements.

The ministers note. that an international organization should protect, ae 4 common patrimony
of mankind, the sea and ocean beds outside legal national limite to prevent the exploitation
of resources from having adverse effefte on the economy and revenues of the developing coun-
tries that export the products of this exploitation.

The ministers flatiy rejected wnilateral efforts to exploit seabeds and their subsoil,
Which quest aot be appropriated by any state or any person and over Which no state or person
can have any right.

The ministers noted that the international authority that would administer the sea and ocean
beds gust not be the subject of control, or be subjected to the interests of a emall group of
povere, but must be authentically democratic and @ust adequately represent the interests of
the Third World countries.

Regarding the discussions presently taking place at the Third UN Conference on the Law of
the Seca, the foreign ministers believe that their governments should jointly analyze the
convention project [as received) to coordinate, as @uch as possible, the position of their
countries on thie project, 48 well ae to initiate suitable actions for the final convention.

The South Pacific countries admitted efficient means gust be established to struggle against
the contamination of the seas and agreed that they must increase their scientific research
efforts. They aleo noted they are working on an understanding among their countries to
contribute to the preservation and best utilisation of tuna, 4 resource at the free and
sovereign disposal of the riparian countries.

13

The minieters reiterated their political support for the permanent committee of the
South Pacific and noted the suitability of strengthening it and making it more effective,
™ the basis of its present geographic ephere, it must continue to effectively unite ite

members countries, as well as the appropriate regional organization for the defense of sea
interests,

The ministers made the office of the secretary general responsible for studying the challenges
resulting from the new situation and for presenting at a special meeting suggestions on how
to guarantee the required strengthening and effectiveness.

Finally, the foreign ministers agreed to meet periodically to strengthen the system and to
coordinate the cea policies of their respective countries.

cso: 5200

14

INTER@AMERICAN AFFAIRS

BRIEFS

CUBAN SHIPS WARNED ON 200-MILE LIMIT--Santiago, Chile, 23 Jan (AFP)<<It has been
reported here that the Chilean Navy today warned that the Cuban fishing ships
sighted yesterday near Chilean territorial waters run the risk of being captured
and being assessed fines if they violate the 200-mile limit. Vice Adm Raul Lopez
Silva, commander in chief of the navy and deputy member of the government junta,
stressed that the navy keeps a very close watch over the maritime heritage of
the nation, the integrity and wealth of which must be defended under any circum-
stances. The admiral said that the Cuban ships, detected 230 miles from Mocha
Island at 39 degrees south latitude, were outside Chilean territorial waters,
which they have not yet violated. [Excerpt] [PY241514 Paris AFP in Spanish
0310 GMT 24 Jan 81)

CSO: 5200

15

CHILE

EDITORIAL SEES SOVIET DESIG.S ON MAR DE CHILE
Santiago EL MERCURIO in Spanish 27 Jan 81 p A-3
{[Editorial: "The Mar de Chile and the USSR")

(Text) The meeting in Cali, Colombia of the Permanent Commission for the Southern
Pacific culminated in a declaration that besides reaffirming the policy of defend-
ing the 200 miles of territorial waters, calls for adopting a series of measures
to protect the wealth of fish life in the member countries, including the
establishment of a joint naval force.

The uneasiness shown by the delegates from Colombia, Ecuador, Peru and Chile
started with the great powers’ growing interest in increasing their presence in
the Southern Pacific, which usually results in non-selective fishing that is harm-
ful to marine fauna.

However, it is not only an interest in obtaining a larger supply of products from
the sea that leads some of these powers tokeep their small fleets opposite our
coast. Chile has discovered a disturbing political and military tendency in the
operations of Soviet ships and those of other Communist nations that are stationed
facing the territorial waters limit.

Last summer a Soviet ship settled in Mar de Drake which is an essentiel passage
uniting the Atlantic and Pacific oceans. A Soviet ship was apparently assigned
to scientific research, but it turned out to be provided with advanced electronic
equipment for interceptir or destroying direct or satellite communications and
for carrying out other more complex and undetermined tasks in the information
field.

In the Soviet naval strategy to control and dominate the sea lanes, special
importance is given to the Mar de Chile. Already, during the Popular Unity
government, Soviet ships were operating on our coast in noticeable numbers under
the pretext of researching fishin, but they were really interested in searching
for suitable areas for submarine operations.

In its zealous surveillance of our coastline, the National Navy has discovered
the presence, sinch March 1979, of 106 boats from the Soviet orbit, which are
partly fishing and partly scientific ships, in the vicinity of the 200 mile limit.
Some of them are genuine floating factories with a large storage capacity. They

16

perform drag fishing, averaging 30 tone each time, without any selectivity
regarding the species caught.

Right now 19 Cuban boasts are operating opposite off Concepcion, They have not
crossed the 200 mile limit, but their operations have already been discovered and
the Navy is carefully following their movements in order to seize them in case
they violate Chilean territorial waters.

Since they are beyond our economic zone and territorial waters, the Cuban boats
are completely free to operate, but thie activity ca: have harmful repercussions
on our fish resources. Otherwise, as acting Command. in Chief of the Navy, Vice
Admiral Raul Lopez Silva pointed out, it is always possible that the Cuban boats
are carrying out spying missions.

The aforementioned demonstrates the need to strengthen protectic.. of the Chilean
fishing potential and of the still undetermined wealth that lies at the ocean
bottom off our coast, for which purpose the country must have enough resources
available.

The agreements adopted on this subject by the Permanent Commission for the
Southern Pacific are strengthened by the full agreement on proposals among the
commission's four member countries, now including Colombia, thus reaffirming the
joining of interests and pointe of view on defending the weath of the sea.

9545
CSO: 5200

17

CUBA

UN DISCUSSIONS OF OCEAN NODULES CONTROVERSY NOTED
Havana PRISMA LATINOAMERICANO in Spanish Nov 80 p 58
[Article by Jose Bodes Gomez]

[Text] A little over a century ago scientists discovered polymetallic nodules on the
ocean floor, but it will be a few years before this wealth can be utilized by mankind,

For a long time the search for those submerged minerals was impossible because of
lack of technical resources, Later, methods to extract the nodules were invented,
but that operation was too costly to attract investors.

Finally, in the closing years of this 20th century, the technical and commercial
conditions necessary to awaken interest in mineral exploration on the ocean floor
have been achieved.

The question now is whether this new production will be used for the benefit of
mankind in its entirety or for only an infinitesimal part thereof--namely, the
transnational corporations,

According to preliminary calculations, entirely feasible to implement, there are on
the ocean floor reserves of copper, manganese cobalt, nickel and other valuable
metals which in some cases surpass the quantiiies which have been discovered on land.
This means that as new exploration methods are perfected, even greater deposits will
appear.

Only 10 years ago the United Nations agreed to consider the ocean resources as the
patrimony of all mankind, and shortly thereafter, the Third Conference on the Law
of the Sea got under way in Caracas.

The work of this conference went much further than was foreseen, and each year ends
with the frustration of not having been the decisive year in which a new maritime
agreement was obtained. However, it must be said that 1980 will end with less
bitterness than previous years, since the debates on the sea have made important
advances in the last few months.

For the first time the industrialized countries and the developing nations have
come to an agreement regarding the manner of voting in the future council of the
International Maritime Authority. A policy has also been designed with a view to
limiting production from the ocean floor, to alleviate its negative effect on land
producers.

18

For the countries which produce nickel, copper and other metals which are also
found on the ocean floor, this limitation does not satisfy their demands made in
previous sessions, but the agreement reached doubtless represents a more positive
formula than what had initially been proposed to the Conference, In addition,
there is still the possibility that compensatory clauses for countries affected by
the new competition will be approved, Some experts believe that in the first
stages of exploitation the minerals extracted from the ocean floor will be barely
one-fourth of what is produced on land,

As for nickel, one of the formulas proposed is that mining companies may only
extract an amount equivalent to three-fifths of the market increase, the other two-
fifths being reserved for the traditional producers.

With respect to other metals found in the ocean nodules, such as copper, cobalt and
manganese, their activity will depend on what develops with nickel, so that mining
investment will not lean disproportionately in favor of some metals, while ignoring
the extraction of others,

Recognition by the international community that there must be an authority, accepted
by all the states, which regulates the exploitation of the oceans, means a great
step forward for other sectors of world economic life. The idea was resisted at
first by the developed capitalist countries, which opposed any type of control so
that the transnational firms might have complete freedom in this new venture.

The discussions in the Conference of the Sea have been long and difficult, due to
the diversity of interests it is attempting to conciliate. In the first place,
ocean mining must not become one more factor of disadvantage for the underdeveloped
countries, much less depress the prices of those metals on which a good part of the
economy of those nations depends.

The industrialized capitalist countries, in turn, have tried to press for an agree-
ment which would be so broad and flexible that its clauses would not involve any
sort of compromise. At the same time, the governments of the United States and the
Federal Republic of Germany have arjproved domestic legislation authorizing their
own firms to begin sounding and exploitation of ocean resources, while the inter-
national convention has not yet been approved. Measures of this kind are a flagrant
violation of the agreements made in the United Nations itself.

Among the questions pending solution is the thorny problem of the European Economic
Community, which wants to be admitted as a bloc. Actually the behavior of this
nine-nation economic group, as we saw in the case of sugar and other basic products,
has had very negative effects on the interests of the underdeveloped countries, and
this causes its current ambitions to be viewed with well-founded suspicion by most
of the states participating in the conference.

In spite of all this, the negotiations appear to be approaching their culmination,
and just the fact that the conference has succeeded in regulating the activities of
the transnational firms in this area will be a victory for the socialist countries
and the so-called Third World.

8735
CSO: 3010

19

GUYANA

EDITORIAL VIEWS [OCARIBE, STRESSES LOS COOPERATION
Georgetown GUYANA CHRONICLE in English 8 Jan 81 p 6
|Editorial: "The Promise From the Sea")

[Text] Guyana's membership of the Intergovernmental Oceanographic Commission's
Association for the Caribbean and Adjacent Regions [IOCARIBE] is proof of govern-
ment's awareness of the rich marine harvests the ocean can yield and of its
determination to gather in that harvest for the benefit of the nation.

However, no country, developing or developed, can assay this stupendous task
alone. The involvement of oceanographers, marine biologists and geologists,
technicians and researchers is necessary for the resources of the earth's oceans
and seas are boundless; fish shrimp and fossil fuel are but fringe benefits,
according to scientific opinion founded on proof.

Realising this, nations have come together for united and peaceful endeavours
aimed at plumbing the depths of the sea for development of its potential, espe-
cially in the area of food. We say ‘peaceful endeavours’ for not unexpectedly,
tensions had arisen between countries as regards territorial boundaries and in-
fringement of rights, among other crucial issues. United Nations conferences on
the Law of the Sea, for years the forum for heated debate, have at last reached
agreement on a number of these issues and ushered in a new Ocean Regime. The
role which IOCARIBE will play in this regime was a priority topic at a recent
meeting in Cacun, Mexico for it is a role of commitment and responsibility for
Guyana and other developing countries. Underlying this role, is the ultimate
intention of enhancing the marine science capabilities of developing member states
of IOCARIBE.

Reports from the Mexico meeting which was in its third session, disclosed that
the delegates stressed the importance of developing regional programmes on ocean
dynamics and recommended projects in the field of [word illegible] biology and
living resovrces, in support of fishing and related industries. The meeting
paid special attention to marine pollution, geology and information exchange,
among other matters.

Guyana and other member countries will benefit from training programmes for
scientific and technical personnel and will participate in an action plan

20

involving the Caribbean, an environmental programme sponsored by the UN and
the Economic Commission for Latin America,

These insights furnish an idea of the work envisaged by the IOCARIBE. They
tell of united efforts in a sphere of development that is vitally important to

this hard-pressed nation as it is to the other, eighteen member-countries for
those efforts hold promise of bountiful harvests.

CSO: 5200

21

GUYANA

BRIEFS

SURINAME FISHING--Over 32 Guyanese fishermen have received licences from the
Suriname Government to operate in the Corentyne in 1981. The licences were
recently renewed in Nickerie. According to Comrade Kumar, secretary to the
Upper Corentyne Fishermen Co-operative Society, several fishermen have not

yet been granted licences. Meanwhile the 15 Guyanese fishermen who were
arrested last month when Suriname police seized four of their fishing vessels
are due to appear in a Suriname court on January 19. GNA [Text] [Georgetown
GUYANA CHRONICLE in English 9 Jan 61 p 11)

CSO: $200

22

JAMAICA

EDITORIAL COMMENTS ON ‘LAW OF THE SBA‘
Kingeton THE SUNDAY GLEANER in English 11 Jan 81 p 8
[Editorial: “The Law of the Sea")

[Text] What is the latest on the “Law of the Sea”? In 1970 when the United
Nations declared that the “oceans are the common heritage of mankind," this
set the stage for development of the Law of the Sea Treaty which began in 1979.

Since that time over 160 nations have been meeting regularly to hammer out the
details of an acceptable treaty, which is designed to control the exploitation
of the sea's resources. Oil, gas and metallic substances particularly “ocean
nodules" and sunken treasures are some of the major areas of intent.

Dr Rattray and Mr Robinson of the Attorney General's Department have been
Jamaica's major advocates at the international discussions.

Jamaica has much to gain or lose from the outcome of the treaty insofar as the
control of its territorial waters is concerned. It is high time that Jamaica's
interest is consolidated and the public be assure’ that Jamaica's position has
been adequately taken care of even at this time.

cso: 5200

23

SEYCHELLES

SEVENTY-TVO VESSELS APPLY FO® FISHING RIGHTS
Victoria NATION in English 12 Feb 61 pp 1, 2

(Text)

SEVENTY: TWO foreign fish

ing boats, meo'uding two from
the Soviet Union, have applied
io fish in Seychelles exclusive
waters

The acting Chief Fusheries
Offer, Mr. Aubrey Harris,

7

sirict’y on accordance with the
fisheries decree of 1979," Mr
Harris said. adding that each
vessel was required to pay a
lence fee of R. SO for each
gross = registered §=ton per
month “In general. the licen-
wed \cwe's now operating in
Seychelles pay between
R. 20,000 and R. 250,000 per
month.

Seyeheliow = ollicm's have
been geployed to monitor the
activiues of cach fishing veasel
to ensure that fishing opera
tions are carried out im the
letter and spirit of the 1979
decree on firhing operations
by foreigners

Mr. Harris said as a result
of the Law of the Sea Confe
rence, the resources within
the EEZ which “we cannot
ourselves adequately exp'oit”
have been made available to
interested parties to fish with
the necessary payment of a
hoence.

The fisheries officer said
only lareer tuna were involved
in the foreign fishing exercise.
which goes by season.

He explained that October
to May was the season most
preferred by foreign fishing
boats because more tuna were
avaiable in Seychellois waters.

The Soviets have appled
and paid for a provisional one
month fishing facility They
are expected to renew their

license for the average period
of three months.

INTERNATIONAL APFALRS

BRIEFS

ICELAND=FAROES FISHING ACOCORD=-A twoeday round of ministry-level talke in
Reykjavik, around the middle of last month, ended with the signing of an Icelandic-
Faroese fisheries accord for 1961, But, interestingly, some press stories on the
development failed to mention the main point of the agreement: the exact take of
demersal (bottom) species from Icelandic waters that had been authorized for
Faroese operators, If that was an oversight on the part of the writers, it seemed
significant enough. Foreign catches of demersal fish from waters surrounding this
country--a burning issue not so many years ago--had dwindled to a level that was
indeed negligible in any historical perspective, The new quota for Faroese fisher-
men was just 17 thousand tons--besides a reciprocal deal involving 20 thousand tons
of blue whiting, a migratory pelagic species seen as holding out a notable promise,
The agreement was virtually a carbon copy of last year's, and included diverse
provisions on co-operation between the two nations. All foreign demersal catches
from Icelandic waters in 1980 came to just some 24 thousand tons, part of which
were tiny quotas granted to Norway and Belgium, By contrast, foreign vessels,
especially British and West German trawlers, were reported to have taken 384
thousand tons near this country in 1970. Iceland unilaterally extended its fish-
eries jurisdiction to 50 nautical miles in 1972, and to 200 miles three years later,
Both moves led to British naval interference with patrol vessels, but foreign fish-
ing inside this country's present resources zone became minimal by late 1977,
(Text) (Reykjavik NEWS FROM ICELAND in English Feb 81 p 1)

CSO: 5200

25

FEDERAL REPUBLIC OF GERMANY

NEWSPAPER ANALYZES RESULTS OF LOS CONFERENCE
Prankfurt, Main FRANKFURTER ALLGEMEINE in German 5 Feb 81 p 8
[Article by Dr Dr Rudolf Dolzer: “The High Seas To Remain Free for All Nations")

[Text] In today's practice, moderniem in law ie mostly characterized through striv-
ing for an improved balance of interests, through differentiation, complexity and
blowing up of norms. For the person subject to the law it frequently results in a
lack of visibility and loss of freedom. If proof were needed that thie is so, addi-
tional evidence, it could be found in an almost exemplary form in the recent develop-
ments of the international law regarding order on the seas. Traditional regulations
dating from the time before 1945 dealt essentially with two categories: the high
seas ard coastal waters. On the high seas practically everything was permitted,
with respect to coastal waters the border state had exclusive rights. The planned
new Law of the Sea Convention is to be altogether different: It is to consist of

a treaty with 320 articles as well as 7 appendices with 107 additional regulations.

Just 15 years ago, only a limited revision rather than a total overhaul of the
Maritime Law was contemplated. The economic use of the bottom of the sea was to
be put under the concept of the “joint heritage of mankind" and, consequently, re-
moved from the grasp of technologically advanced countries. Nevertheless, when
agreement was reached in principle, it soon became apparent that the mandate of a
new Maritime Law Conference could not be restricted to the bottom of the sea. The
existing order on the seas was not universally accepted anyway, and, furthermore,
reciprocal claims to various norms regarding territory within the Law of the Sea
could easily be used as an argument in favor of a comprehensive examination of the
existing lav.

Against this background, the Law of the Sea Conference began its work in 1973. A
short time later it had already agreed in principle on the introduction of a so-
called “exclucive economic zone" for coastal etates. Many years of sessions were
necessary, however, before the new concepts were put into concrete formulations;
during this time conference participants presented their requests for definitions,
modifications and, above all, exceptions. During the process of political bartering,
which lasted for 8 years, 427 articles--now under consideration--were negot fated

or rather: they are the result of the bargaining (see FRANKFURTER ALLGEMEINE ZEITUNG,
12 November, page 9). What remained of the old law, at least when it comes to
terminology, are the coastal waters and the high seas. New are categories such as,
particularly, “economic zone" and “territory”; a separate regulation for the main-
land socle had already become a significant factor shortly after 1945.

26

The Ieeue Ie Manganese Nodules

The —— convention will retain the provision of the old law, which is to keep
the high seas free for all states. This applies particularly to freedom of naviga-
tion, undisturbed flights over the ocean ae well as, within certain limite, laying
of cables and pipes, conetruction of artificial telands and ocean research, Mili-
tary actione are permitted as long as they do not violate especial regulations of
the international law. Fishing ie aleo to remain free; the convention draft is
attempting to prevent "“over-fishing" in principle, by urging states to cooperate in
@ general manner. In this respect the new regime differe little from the old law.
Nevertheless, there are serious differences: As far ae the locale is concerned,
the mentioned rules apply neither to the bottom of the ocean nor to the economic
zones which in the future will constitute « sizeable part of the earlier high seas.

It is not altogether undisputed whether the traditional law guarantees the free use
of the deep-sea floor; better legal arguments, however, are in favor of such tradi-
tional freedom. In the past this question was not of great economic importance.

At the end of the last century, the first of] depostiea were discovered on the main-
land socle of the California coast. Today the primary deep-sea issue is manganese
nodules, the existence of which on the ocean floor has been known for some time.
They contain large quantities of metals that on the mainland are frequently scarce,
expensive, and economically almost indispensable. Today's technical development
makes it possible to recover the nodules. Two procedures have already been tested:
One follows the principle of the vacuum cleaner and the other the manner of a scoop.
At least five international consort ia--among them one with a 25-percent German
participation (Metallgeselischaft, Preussag, Salzgitter)--have already started the
exploration and mining of the nodules.

The current draft, however, which is not expected to be changed drastically, does
not provide measures that would permit these enterprises to do whatever they wish.
Rather, an international maritime authority is to watch over the riches of the ocean
floor. It is to ensure that a system is created which will put into practice the
idea of the “joint heritage of mankind.” An application procedure has been planned,
according to which permission may only be granted when the established conditions
are met exactly.

Every applicant must give a detailed description of the area where he wants to work.
The application must also indicate the technology that is to be applied to the dif-
ferent phases of the operation. The peculiarity of the proposed procedure is that
the area under consideration must be divided into two halves with respect to economic
aspects; the applicant can be given one of the two halves. According to the proposed
law, only an enterprise created by the Law of the Sea Conference or a developing
country may be active in the other half. To establish the technological prerequi-
sites for the activities of the enterprise, the applicant must obligate himself when
submitting the application to provide to that enterprise upon request the employed
technology at fair commercial conditions; such an abligation is also to be assumed
toward developing countries who want to utilize the ocean floor.

Percentages for Authorit tes

In addition, there are plans that the newly created maritime authority as well as
the developing countries are to be briefed on the use of this technology. But the

27

ooligatione of the successful applicant do not end here. When he begine hie activi-
tiles he must pay fees to the maritime authority. During the firat 10 years they
amount to 5 percent of the value of the mined metals, after that they will be 12
percent of the value; alternatively, payment can also be made according to an ar-
rangement which is based on a production fee and the net profit of the enterprise.

When it comes to the total amount of mined manganese nodules, the terrestrial pro-
ducera of the metale have insisted on the establishment of maximum amounts of pro-
duction, something which ie definitely in their interests. For this reason, prob-
ably no more than 12, according to other estimates only 7 mining fields will be
established on the ocean floor during the next 25 years. Two of them could be
claimed by the enterprise, one by the Soviet Union, the remaining fields will prob-
ably be divided between the existing consortia from the FRG, France, Great Britain,
Japan and the United States.

Finally, consortia which are considering the utilization of the ocean floor are

also affected by the fact that 15 years after beginning production within the frame-
work of the new system a verification conference will take place, during which the
current rules are to be reconsidered and possibly even changed. To settle legal
disputes that will arise in the meantime, a special procedure before a court is to
be created and to a certain degree all states covered by the treaty will be subject
to it. Although certain areas are beyond the jurisdiction of this court, it is
quite remarkable that the states were able at all to agree on a legal procedure. It
is possible that the Law of the Sea Court will have its seat in Hamburg.

The claim that the mainland socle must rightfully be allocated to the bordering

state was first represented by the United States in 1945, At that time, a "Truman
Proclamation" was to guarantee that the huge oil deposits on the American coast

would not be taken away from his own country by foreigners. During the 1950's

the American position gradually found general recognition; because of oil and natural
gas deposits, coastal states everywhere agreed that free access should no longer be
in operation. The question that remained unsolved was how far the socles should
extend seaward. During a conference in 1958 the participants agreed that the socle
was extending into the ocean as far as exploration was possible, limited only by

the depth of the water covering the ocean floor.

Since then, however, technological development has progressed to an extent which
makes this interpretation no longer tenable because of its vagueness. The current
draft proceeds from the concept that this socle extends to a width of 200 miles
over the coastal waters. The special characteristic of this convent ion--which can
he explained by the political influence of the coastal states--consists of the idea
that the mainland-socle regime will also apply to areas where, geologically, a wide
socle does not even exist. Whether a mainland socle rightfully extends beyond the
200-mile zone, however, depends on geological aspects; according to the current
regulation, in individual cases a state can claim a mainland socle extending to a
width of 500 nautical miles. Nevertheless, if the zone beyond the 200-mile limit
is utilized, a fee will have to be paid to the maritime authority 5 years after the
beginning of production. This fee is to benefit particularly developing countries
and totally land-based states.

28

Coastal Waters Four Times as Wide

Until 1945 there was aleo a rule that the coastal atate had no special rights above
the mainland socle. The logic of things, however, was that this view could not be
upheld for very long. The close proximity to the mainland, which wae the basis for
claims to the mainland socle, concerned the body of water as well as the socle.
Consequently, it follows that coastal states are now claiming them aleo for then-
selves. The fact that they succeeded in claiming an "exclusive economic zone,"
nowever, does not mean that it becomes national territory, but it contains the right
to economic use. The territorial definition was controversial aleo in this respect.
During the conference it was agreed to apply the 200-nautical mile formula, which
goes pretty far in meeting the interests of cosstal states. From the economic
viewpoint this regulation is of considerable importance because large quantities of
fish are caught in this coastal area. The present draft, however, contains only
inadequate rules as to what kind of fishing rights must be granted by these states
to third countries and what criteria are to be used to define these third countries.

There was no dispute at any time during the conference concerning the opinion that
the coastal waters close to the mainland will remain the territory of the bordering
state also in the future. Negotiations were concerned only with the future ex-
pansion of this zone. Traditionally this strip had been established at 3 nautical
miles, because it was considered essential for the defense of the mainland. Now
the coastal waters are to become four times as wide. Nevertheless, the military
superpowers made sure that there was an important restriction to the jurisdiction
of coastal states. As was the case in earlier times, ships have the right to peace-
ful passage. At the urging of the superpowers this right will be guaranteed even
more stringently in the future; in straits that are entirely in territorial waters
this right is to be applied, in general, also to air space and underwater crossings.

In the North Sea, the bordering states divided the mainland socle among themselves
as early as 1971; the German area, which was called "Duck's Beak" because of its
peculiar shape, had to turn out relatively small (36,000 square kilometers) because
of the geographic situation. During the decision phase of the marit ime-law negot la-
tions, the FRG proceeded from the assumption that the fishing zones of EC members
located on the Atlantic would be subject to the rules of the European Community, in
other words, they would be open to free access by German fisherman. As a matter
of fact, at the beginning of the 1970's norms were issued in Brussels for the
establishment of a so-called EC-Ocean which support this legal position. After
1976 the EC states jointly extended their fishing zones to 200 nautical miles and
agreed to the so-called EC Ocean.

After England joined the EC, the strict application of the EC law was for political
reasons no longer tenable. The British fishing zones contain approximately 60
percent of the existing fish in the EC Ocean. Now a rule has been found that de-
viates from the norms of the European law to the disadvantage of the FRG. Accord-
ingly, each member state is allotted a quota of the entire catch. OGurrent calcula-
tions indicate that the catch quota for England will be approximately three t imes
as high as the one for the FRG. On the other hand, when assessing the allotment
from the German perspective it must be taken into consideration that only 9 percent
of the fish available in the North Sea are located in German waters.

29

In the Baltic Sea all bordering states have been claiming a sifhing sone of 200
miles since 1978, Consequently, the Baltic Sea is totally divided between these
states; because of ite geographic situation, the FRG was allotted only 3 percent.
If the new conven’ ion should come up with obligations for cooperation among the
atates bordering on the Baltic Sea, no new legal regime would be necessary, various
conventions between 1973 and 1974 already fulfilled the obligations contained in
the new agreement.

Nevertheless, it would have been desirable if the new convention had produced an
unequivocal ruling concerning questions dealing with the passage through Baltic Sea
atraite. It is certain, however, that euch a clear rule will not be forthcoming.
At the present time the treaty from 1957 still applies. But it is not quite clear
what meaning it has in individual cases, when it comes to the passage of warships
and merchant ships; the formulation proposed in the convention will not remove this
uncertainty. Soviet attempts to bar NATO from the Baltic Sea were without success;
to be sure, the Baltic Sea belongs to the category of “half-closed oceans," which,
however, does not tie in with any legal ramifications as far as the military use of
this ocean is concerned.

8991
cso: 5200

30

FEDERAL REPUBLIC OF GERMANY

PISHING INDUSTRY SUFFERS FROM LACK OF QUOTA AGREEMENT
Hanburg DER SPIEGEL in German 2 Feb 81 pp 68-69

[Text) Long ago they should have been off Greenland, Canada or Norway to catch
cod, rock salmon or ocean perch. Instead, German deep-sea fishermen were sitting
in the bars of Cuxhaven, Bremerhaven and Hamburg and cursing the EEC.

Brussels is a “crappy organization," grumbled one burly customer in the Wuelfel
Tavern in Bremerhaven. A second agreed with him, the EEC politicians “should all
be chased out, along with those in Bonn because they let themselves be blackmailed
constantly by the others.”

The fishermen's anger is understandable: because the fish experts in Brussels
have not been able to agree on catch quotas for months, the German deep-sea fleet
is tied up, and the sailors are worried about their wages. One complained that
“because of those people in Brussels" his family had to manage on barely DM 1,400
per month—that is, with the dock time pay that his company gives him for doing
nothing. He said that he cannot get by without the expected catch premium, about
DM 1,000 monthly: “I can forget a vacation this year."

The sailors’ bitterness--they have been waiting on call for weeks--has reached
the executive floors of the companies. “The mood is one of more than irritation,"
aaid Dieter Koch, head of the Hanseatic Deep Sea Fishing Company.

Koch already had to suffer losses of several million marks at the beginning of the
year, in the middle of the best season. Most of his ships are not fishing in the
Atlantic, but are moored at German quays.

Thirteen of 20 deep-sea German factory ships are presently tied up and are daily
causing their owners--Nordsee, Hanseatic, Nordstern and Pickenpack--more than
DM 300,000 losses.

Unimpressed by such problems, the Eurocrats are negotiating tenaciously about
catch quotas and the division of fishing grounds among the EEC partners.

Great Britain and France have been quarreling since November about access to
coastal waters. The Danes are not satisfied with the planned catch quotas, and
the Germans feel as if they have been run over with the so-called third-country
rule.

31

The FRG had long ago reached an agreement with the third country, Canada: in
return for fishing rights off Labrador and Newfoundland, the Canadians were to
be permitted to send cod fillets to the FRG. But Brussels blocked the Canadian
contract. Shipowner Koch calle the EEC quarrels “absolute lunacy.”

The industry announed last week that if Bonn did not finally get ite way in
Brussels, the fishermen would blockade the harbors of Hamburg and Bremen. Reduced
working hours and even the layoff of 1,200 men to begin with would be inevitable.

On Wednesday last week the chief German negotiator, Minister for Food Joseph Ertl,
calmed the angry industry with a small partial victory: the Danes allowed the
Germans to take 3,000 tons of cod from the seas off eastern Greenland=--but only
until 10 February. The wrangling about catch quotas and above all about the
agreement with Canada continues.

The German deep-sea fishermen feel themselves the hardest hit by the argument
in Brussels. The Germans argue that while all the other EEC fishing industries
could live with the present conditions, they themselves were dependent above all
on fishing grounds off third countries’ coasts.

Their dilemma began in 1977, when countries worldwide established the 200-mile
zone off their coasts as protected areas for their own fishermen. Cut off from
their traditional fishing grounds, the German fishing fleet shrank in numbers from
year to year.

In 1973, 84 fishing vessels were sailing under the German flag, among them 34
factory ships which put out their nets thousands of sea miles from their home
ports and process the catch on board. The remainder were fresh fish vessels,
which had to sail back immediately with thei: catch. By the end of 1981, the
German "fleet nucleus" (Koch) will consist of only 16 factory and fishing vessels.

The Germans have the most modern deep-sea fishing fleet, thanks in part to many
millions in subsidies. More than other EEC countries they have specialized in
so-called long-distance fishing, in catching cod, haddock, rock salmon, ocean
perch, halibut and whiting off remote foreign shores.

The quota treaties with third countries, on which German deep sea fishermen are
heavily dependent, have to be sanctioned by the EEC. The German fishermen are
afraid that the bureaucrats in Brussels have already argued too long: after the
end of February pack ice drives ships from the waters off Labrador and Newfound-
land; in March at the latest the season there is over.

At the moment a few fishing and processing ships are steaming in the Atlantic.

But the industry cannot survive on that; the catch off Greenland (ocean perch) and
in western British waters (mackerel) is too small. German deep-sea fishermen

and their association already fear the worst. If the ministers of agriculture in
Brussels do not reach agreement soon about who can catch how much and where, the
Germans would have to scrap their ships. Association deputy chairman Koch said:
"The fleet is in danger."

9581
cso: 5200

32

TURKEY

BRIEFS

ABGEAN CONTINENTAL SHELF--Ankara, 1 Mar (AA)--Foreign Ministry officials
commenting on the forthcoming International Sea Law Conference in New York
told Anadolu Ajans that Turkey would like to see the Aegean Continental Shelf
and delineation of economic waters issues with Greece resolved by the two
countries in an equitable way. The Aegean Sea had a special status, officials
said, adding "there is a balance in the Aegean established by the Lausanne
Treaty, a balance vital to both countries involved. Therefore, Turkey has
repeatedly declared she would not allow (Greece to increase her) waters in

the Aegean to 12 miles. [Text] [TAO11532 Ankara ANATOLIA in English
1440 GMT 1 Mar 81)

CSO: 5200 END

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