Worldwide Report: Law of the Sea No. 193

JPRS 80634

22 April 1982

Worldwide Report

LAW OF THE SEA
No. 193

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JPRS 80634

22 April 1982

WORLDWIDE REPORT
LAW OF THE SEA

No, 193

CONTENTS

WORLDWIDE AFFAIRS

Foreign Boats Not Filling New Zealand Finfish Quotas

Ce PUR. 5 Wow GR) nao 0k 66-6 646556400604505046504804005 1
ASIA
BANGLADESH ;
Seminar Calls for Exploitation of Sea Resources
(THE BANGLADESH OBSERVER, 12 Mar 82) .......sceeeceeeees 2
INDIA
Plans To Increase Sea Fish Catch Lauded
(Editorial; THE SUNDAY STATESMAN, 14 Mar 82) ........... 3
INDONESIA
Briefs
Tanker for Smuggling Seized 4
EAST EUROPE
POLAND

Law of Sea Developments Assessed
(Various sources, various dates) ........... boeeeeeueenes 5

Criticism of U.S. Position, J. Symonides Interview
Economic Consequences, by Leszek Sobczak

-ae- [III - WW - 136]

LATIN AMERICA

BARBADOS
Coast Guard Protects Territorial Limit, Controls Pollution
(Trevor Adams; SUNDAY ADVOCATE-NEWS, 7 Mar 82) .......... 12
CUBA
Scientific Search With USSR in Exclusive Economic Zone
(MAR Y PESCA, Dec 81) ......... PUTT TTTEeT TT CTT TT Te ree 14
SUB-SAHARAN AFRICA
ANGOLA
Agreements With Various Countries Studied
(JORNAL DE ANGOLA, 7 Mar 82) ....cccccccccccccccecccccess 15
MOZAMBIQUE
More Severe Sentence for South African Boat
Ceca, Se WE GEE 066066606 600566660000006006058006845> 16
NIGERIA

Commentator Sees New Law of Sea Benefiting Country
(Oscar Ede; Lagos Domestic Service, 29 Mar 82) .......... 18
WEST EUROPE
FEDERAL REPUGLIC OF GERMANY

Bonn Set Course for Separate Treaty on Maritime Mining
CBGR GPIMGEL, 15 Wee GE) covcccccsvcececsccsccscvessseces 20

WORLDWIDE AFFAIRS

FOREIGN BOATS NOT FILLING NEW ZEALAND FINFISH QUOTAS

Christchurch THE PRESS in English 3 Mar 82 p 5

{Text ] PA

CSO

Wellington

Foreign fishing boats have
taken much less than their
quota of finfish this year, and
little of the season remains.

By mid-February, Russian
foreign-licensed boats had
taken little more than a
quarter of their quota for the
year ending March 31, ac-
cording to the Ministry of
Agriculture and Fisheries.

Japan had taken oniy 29
per cent, and South Korea
had taken only 58 per cent of
its small allocation

The low catches are a
boon to New Zealand, be-
cause they do not affect its
earnings from foreign fish
heences and also help. pre-
serve fish stocks

Russian boats, which are
restricted to the storm
waters of fishing area
south of the South Isiand, had
caught only 9000 tonnes of

their total yearly of
32,500 tonnes, said he Fis».
eries Management Division's
assistant director, Mr Tom
Norris

This was 5000 tonnes less
than at the same tyme last
year.

Japan had taken about
19, tonnes of its total
quota of 66,000 tonnes. com-
pared with 24,000 tonnes at
the same time last year, Mr
Norris said

South Korea has a small
allocation of only 2300 tonnes

5200/9086

a year, and by mid-February
had taken about 1300 tonnes.

The reasons for the low
catch were varied, including
fewer boats, difficulties in
finding fish, poor weather,
and mechanical problems,
said Mr Norris. ..

“But the lower catch does
not affect New Zealand's
earnings at all. It is almost a
boon to New Zealand be-
cause presumably the fish
they don't catch will be
availabie next year.”

The foreign licensed boats
pay a fixed amount for every
tonne of fish they are allo-
cated — 3 fee must pay
regerdi-ss of actual
catch

New Zealand's earnings
from the licence fees this
year will be about $550,000
from Russia, $13 million
from Japan, and $53,000 from
South Korea.

Foreign licensed boats fish
for lower-valued species such
as barracouta, ling, and
southern blue whiting They
have virtually no access to
higher-valued species such as
Orange roughy, the prime
species taken by joint ven-
tures

Joint ventures have ex-
hausted their total quota of
higher valued finfish species
outside the inhospitable area
E, and are now fishing for
squid

BANGLADESH

SEMINAR CALLS FOR EXPLOITATION OF SEA RESOURCES
Dacca THE BANGLADESH OBSERVER in English 12 Mar 82 pp l, 12

(text] The two-day national semir.r on marine fisheries development in
Bangladesh concluded in Dacca on Thursday with a number of recommendations
to exploit the sea resources to the maximum level, reports BSS.

Spread over four technical sessions, the two-day seminar recommended for
doubling the present production without depleting the stock,

It also emphasised for more intensive survey particularly pelagic resources
as well as other non-conventional varieties like deep sea lobsters, deep sea
shrimps, squids and cuttle-fishes, The seminar besides other recommenda-
tions, suggested for giving preference to joint venture programmes for
exploitation and utilisation of varieties other than coastal marine shrimps,
keeping in mind the national interest,

This would bring in quick transfer of technologies in exploitation and
utilisation of pelagic fish resources and non-conventional items, the
seminar suggested.

Addressing the afternoon session on Thursday, State Minister for Forests,
Fisheries and Livestock Mr Amirul Islam Kaiam, said that a schem had been
undertaken to bring one lakh acres of land in coastal belt under shrimp
cultivation,

He called upon the scientists and experts to find out ways and means to
exploit the fish resources of the Bay of Bengal and utilise them for
development of the national economy, Mr Kalam also cautioned the concerned
agencies not to go for wver-fishing which might damage the existing fishing
grounds,

The concluding session was presided over by Mr M.E. Anwar, Secretary,
Ministry of Forests, Fisheries and Livestock,

The seminar also suggested moderate expansion of trawler fleet to a level
of approximately double the present harvest, further introduction of traw-
lers and fishing boats, diversification of fishing technology both in small
scale and deep-sea fishing and standardisation of existing trawlers.

It also emphasised the demarcation of fishing zone between small-scale and
deep-sea operation.

CSO: 5000/7032

PLANS TO INCREASE SEA FISH CATCH LAUDED

Calcutta THE SUNDAY STATESMAN in English 14 Mar 82 p 6

[Editorial]

[Text]

Tue plans reportedly prepar-
ed by the Central Marine Fi-
sheries Research Institute to
increase the countiy’s sea fish
catch from the present 1.4 mil-
lion tons to 3.5 million tons by
the end of the Sixth Plan are
welcome at a time when the
fishing industry is in the dol-
drums. The enthusiasm notice-
able five or six years ago seems
to have waned. A spokesman
of the Association of Indian
Fishery Industries, mainly re-

ting large commercial
ouses, recently complained
that they were unable to com-
pete in the world market be-
cause of two factors: a steep
rise In operating costs because
of increasing dicsel prices and
Stagnation in the prices of
shrimps, which account for
87% of the earnings from fish
exports. The rise in the cost of
trawlers from Rs 45 lakhs two
yexrs ago to about Rs 70 lakhs
now has also inhibited the en-
trepreneurs. There is said to
have been no investment In
recent years, and several well-
known companies have opted
out of the enterprise. To make
things worse, shrimp catches
have fallen, apparently obe-
cause of wrong fishing me-
thods. The practice of dragging
heavy weights along the sea-
bed to force prawns out of
their natural habital may lead
to a temporary increase In cat-

ches, but the vield. it is said,

would ullimately fall because
of indiscriminate destruction
of breeding grounds. This is
reported to have happened in

CSO: $200/7031

seas near Thailand, which per-
haps explains why Thai traw-
lers are being increasingly
found poaching in the Bay of
Benga!

The decline in shrimp cat-
ches in Indian waters have
forced seagoing trawlers to
turn more and more to the tra-
ditional fishing grounds of
smaller fishermen, often pro-
voking unpleasant skirmishes.
It has been suggested that the
bigger operators should be di-
verted from shrimps to other
varieties of fish: but enough
trawlers are not available for
exploration. nor is enough
known about new fishin
grounds fo encourage suc
ventures. In fact. 20 new traw-
lers bemg imported are only
suitable for catching shrimps.
The country has now a total of
only 57 trawlers against 7,000
in Taiwan and nearly twice
that number in Japan. Of these
57, only seven are said to be
capable of deep sea fishing; the
others tend to stay close to the
coast. Various measures, like
soft loans tu encourage entre-
preneurs, have been proposed,
while the Fisheries Research
Inslitule has drawn up plans
fo help smal! fishermen buy
boats or modernize them. The
latter emphasis. of course, is
not mi<vlaced, because it is the
six million fishermen using
traditiona| calamarans as well
as mechanized boats who ac-
count for nearly 65° of the
catches. Yet most of them live
in poverty and al the mercy
of middlemen.

INDIA

INDONESIA

BRIEFS

TANKER FOR SMUGGLING SEIZED--The Indonesian customs and excise patrol boat
3007 this morning intercepted a 1,000-ton tanker flying the Panamanian fie;
which was about to unload smuggled goods worth nearly 1 billion rupiah north
of Merak [Wect Java]. The tanker was sailing slowly at dawn off (Tanggalan)
Cape, North Merak, thus attracting the attention of the customs patrol boat,
which left Tanjungpriok Port, Jakarta, yesterday on patrol duty. After
investigating the tanker’s documents, it was found that the tanker had no
permit to enter Indonesian waters. The documents only showed that the tanker,
which came from Singapore, was to head for Miri in Sarawak. The director
general of the customs and excise service this afternoon ordered the commander
of the Indonesian customs and excise patrol unit to tow the tanker to
Tanjungpriok Port. [Text] [BK280408 Jakarta Domestic Service in Indonesian

1200 GMT 27 Mar 82]

CSO: 5200/5644

POLAND

LAW OF SEA DEVELOPMENTS ASSESSED

Criticism of U.S. Position

Warsaw TRYBUNA LUDU in Polish 9 Mar 82 p 6

[Interview with Prof Dr J. Symonides, director of the Polish Institute of
International Affairs; date and place not specified]

[Text] The llth Session of the Third Conference of the
Law of the Sea was convened in New York on 8 March.
Enduring since 1973, the work of the conference was
supposed to be completed last year at the 10th Session
in Geneva. The formal signing of the Convention of the
Law of the Sea is supposed to take place in Caracas in
September of this year. A represuntative of TRYBUNA
LUDU asks Prof Dr J. Symonides, wiio participa*ed in

the work of the conference on behalf of Poland, a
number of pertinent questions.

[Question] Why has the conference lasted so long?

[Answer] According to the definitive program prepared during the 10th Session,
the next session--the llth--is supposed to be the last one. It is assumed
that the conference will be in session from 8 March to 30 April in accordance
with the detail five-stage program which is supposed to lead to the acceptance
of the convention. In principle, all the important issues which were the
subject of negotiations at the Third Conference of the Law of the Sea were
resolved. Only two matters remain unresolved: the question of the participa-
tion of international organizations and national liberation movements in the
coming convention, and the question of the preparatory commission which is
supposed to make preparations to initiate work on the future Organization for
the Seabed when the conference is finished.

The question of the participation of international organizetions does not
evoke great rese:vations. However, many differences of opinions of a political
nature crop up ccncerning the participation in the convention of national
liberation movemects. The developing countries (the so-called Group of 77),
which represent a decisive wajority of the conference attendees (over 120) and
the socialist countries support the solution anticipating the perticipation

of the national liberation movements, but the Western countries, especially
the United States, as indicated in information published in the American
press at the end of January, are registering reservations against such a
possibility. Editorial work on the text of the convention is a completely
separate issue and remains unfinished.

The mos. important question, however, which can have a bearing on the results
of the llth Session, is the attitude of the United States toward the results
to date of the Third Conference of the Law of the Sea. Im 1981, the American
administration reviewed its previous approach to the fundamental and already
agreed to portions of the draft convention conceraing the principles of
exploiting seabeds beyond national boundaries of jurisdiction. Thus, the
concern here is about those seabed regions that represent the so-called commun
heritage of mankind. Washington has stipulated that the convention would not
be ratified by the Senate if the accepted system of exploitation and research
as well as resolutions concerning the structure and system of voting in the
future Organization for the Seabed endanger the parochial interests of the
United States. Among other things, the concern here is about establishing
production limits, about obligatory transfer of technology, and that greater
exploitation authorization and facilitation are assumed for enterprises of

the Organization for the Seabed as opposed to private American and other firms.
The United States argues that this will impact economic results and competition
and at the same time discourage private capital from investing.

As a sideline to the entire package of American reservations, it should be
stated that u» to now the American delegation not only participated in working
out all solutions but many of them were placed into practice simply on its
initiatives. These solutions do not represent propositions of a single group
of nations. At least some of them are unsatisfcctory to the developiny
countries, in miny instances this also concerns the socialist countries.

However, the assumption was accepted that all of these controversial and
complicated questions concerning the seabed, navigation, the continental shelf,
investigating and protecting the sea environment, and so forth can be resolved
by compromise but only within the framework of the so-called package. The
issuance of reservation in the final stage of the conference was received with
much criticism by a vast majority of the conference attendees, which they al-
ready expressed at the 10th Session. Among other things, it was considered to
be disdainful of international society and its interests, that it viclated
good negotiation practices, especially the principle of devolution in inter-
national negotiations. If the United States submits too many amendments that
are far-reaching, then their thorough negotiation at the llth session can turn
out to be unrealistic. In this situation, the international community will

be confronted with the problem of deciding whether to accept the convention
without the participation of the United States. Thie will have a definite
negative effect on international cooperation, but it is possible that no other
solution will be possible.

[Question] What role is being played by t's socialist countries, including
Poland, in the conference? What is their position?

[Answer] The socialist countries are active advocates for finishing the work
and accepting the convention by way of consensus. This has been their position
for a long time. At the 10th Session, our countries consistently collaborated
with the Group of 77; unfortunately we were unable to achieve our goal.

x. The socialist countries have taken the position that the many compiicated
questions concerning the principles and means of using the oceans and seas can
be settled only br way of cc=rromises which take into account the interests
of the eu.cire international commmity. Thus they have supported and put for-
ward many compromise proposals for resolving the problems associated with the
future Organization for the Seabed. They also emphasize the great importance
of mandatory freedom of navigation in the new Law of the Sea. The socialist

/ countries consistently emphasize the significance of accepting the Convention
of the Law of the Sea without which the World Ocean can become an arena of
confrontation, coafiicts and unilateral claims.

[Question] How can one evaluate the revocation of Poland's permit to fish in
the economic zone of the United States in the context of the draft convention
of the Law of the 5ea?

[Answer] Concerning the question of access to the livs resources of an
economic zone, it should be st*ted that the convention acknowledges the right
of a coastal state to regulate these rvssources. If, however. a so-called
surplus exists in an economic zone because the coastal country does not harvest
the quota of fish that could be harvested without damaging the so-called
schools of fish. then that quota should be made available to other countries.
The convention emphasizes very clearly the obligation of making this quota
available to other countries.

Regarding the question as to who can claim a portion of this surplus, Articls
62 of the draft convention states that a coastal country should consider the
necessity of lessening the negative economic effects for those countries who
traditionally fished in these regions and who contributed important work in

investigating and identifying resources. Poland fulfills thvse requirements.

A second consideration by which coastal countries should be guided results
from Article 70 of the convention. The convention anticipates that "a nation
having a geographically disadvantageous location” has a specific right to
participate in the exploitation »f appropriate portions of a surplus. Poland
is such a country because we cannot establish a full 200-mile economic zone
in the Baltic Sea, and our geographical location means that satisfying the
food needs of our people requires access to the economic zones of other
nations. Thus in the light of the provisions of the drart convention,
Washington's decision to revoke our fishing agreement violates our justified
claims based on two rights. ithout a basic change of circumstances from the
viewooint of international law, it thus represents a unilateral abbrogation
of the agreement to make quotas available.

Economic Consequences
Warsaw GOSPODARKA PLANOWA in Polish No 10, Jct 81 pp 477-478

[Article by Leszek Sobczak: "The Economic Consequences of the New Convention
on the Law of the Sea”]

[Text] The Third Conference of the Law of the Sea has been laboring for the
past 7 years (with some breaks) to create a new legal order on the seas. The
fruit of their labors is the unofficial draft convention on the Law of the Sea
which will probably undergo very little shange during the course of forth-
coming negotiations.

In evaluating the results to date of the above conference, which were pre-
sented in the 1980 UN Activities Report, Se< ‘etary General Kurt Waldheim
stated that they were the most significant international achievement s‘nce
the UN Charte, was ratified, and he expressed the hope that the convention
would be ratified in 1981.

In conjunctiun with this the question arises: What will change the new con-
vention on the Law of the Sea? Above all, our national interests concern the
resolutions abcut navigation and fishing. These two areas, though they differ
significantly, were unexpectedly linked with the claims of coastal states to
have exclusive rights to exploit the resources of the seas.

After World War II, some Latin American courcries began to claim a 200-mile
territorial sea. In truth, however, these claims were not recognized by
other countries, but the emergence of the idea of yielding to coastal states
sovereignty over a 200-mile sea zone was the spark that did not die out but
smouldered for a long time, bursting into flames in the 1970s. Other nations,
who freed themselves from colonial rule and who wanted to liberate themselves
as quickly as possible from poverty and backwardness, took up the idea. As
one of the possible ways of accelerating their development, they claimed the
resources of the seas bordering their shores, and not only within the narrow
3-, 6-, or even 12-mile sea zcne*.

During the 1971-1972 period, the African countries demanded that their rights
to live and mineral resources in the 200-mile economic zone be recognized.

At the same time the countries of the Caribbean Sea Basin passed a declaration
calling for the establishment of a 200-mile patrimonial sea zoue.

These new demands were a real shock to those who were accustomed to the
traditional principles of international law according to which neither
territorial seas nor an exclusive fishing zone can extend beyond 12 nautical
miles from a shore. Beyond such a territorial sea, the open sea unfurls to
everyone.

1. Based on the draft convention on the Law of the Sea and other published
materials from the 10 sessions to date of the Third Conference of the
Law of the Sea.

{ territorial sea is a part of the territory of a coastal state. Foreign
ships are entitled only to the right of safe passage. Many countries,
including Poland, do not recognize such a right to warships. Foreign aircraft
cannot fly over territorial seas without the approval of the coastal state.

In this area, there is no freedom to fish or conduct scientific research.

A real fear existed that unless an agreement were reached regulating economic
zones, then they would be established in the form of territorial seas. The
acceptance of this alternative would be a mortal blow to international naviga-
tion, especially since, at the same time, attempts are being made, under the
pretext of protecting the environment, to impose on foreign ships unilateral
requirements concerning the construction of ships, their equipment and crews.

In this complicated situation, the Third Conference of the Law of the Sea was
called to find a reasonable compromise.

From the very start, the conference took place in an atmosphere of dogged
combat among the so-called territorialists who wanted to expand territorial
seas to 200 nautical miles, and the remaining countries who agreed to recognize
economic zones under certain conditions; they vigorously defended the freedom
of navigation. The Polish delegation defended our national interests and the
realistic needs of the entire international community.

During the initial phase of the conference some developing countries were not
aware of the relationship existing between the freedom of navigation and their
own economic development. As is known, no nation can manage without inter-
national trade, and to a great extent this trade depends on the transport of
goods on sees.

During the course of many years of arduous negotiations, arguments and con-
sistent convictions, the freedom of navigation remained intact. It can be
said without any exaggeration that this is an histor/c victory for the entire
international community to which the Polish delegation also contributed.

The rules iimiting territorial seas to 12 miles were accepted. The right of
all boats, ships and aircraft to unconstrained passage through a strait
serving international navigation was guaranteed. The freedom of passage
through the waters of archipelago states was also assured, making it possible
for Polish ships to continue to sail without interference, for example,
through the waters of Indonesia. The legal status of an economic zone was
framed in such a way so ase not to limit freedom of navigation.

An economic zone does not represent territorial waters of a country, but it
is an area of open sea up to 200 miles wide on which a coastal state is
entitled to exclusive fishing and certain other narrowly defined rights.
Foreign nations can continue to take advantage of the freedom of navigation
and flight, and the laying of undersea cables and pipelines.

2. Navigare necesse est--navigation is a necessity! This is a fact and not
a well-worn slogan.

A consequence of acknowledging to a coastal state the exclusive right to
exploit living resources is the cancellation of the freedom to fish on about
36 percent of the total sea area on which about 95 percent of all fish are
caught; about 60 percent of the world tuna catch comes from fishing grounds
included in these zones.

However, a coastal state cannot act completely independently relative to the
live resources in its economic zone. The draft convention of the law of the
sea requires that they manage these resources as effectively as possible (by
applying the results of research and by cooperating with appropriate inter-

national organizations to protect these resources against overfishing and to
maintain the species of fish that are caught at a level guaranteeing a con-

stant, optimal output.

The coastal states are obligated to specify the completely allowable fish
catch, to establish its own fishing capacity and to permit the surplus to be
caught by foreign fishermen based on appropriate international agreements.
The goal of these resolutions is to guarantee that all fish that can be
caught within the framework of rational management can be caught. ‘he world
suffers from a lack of protein and cannot allow its waste by leaving fish in
the sea which in time must die.

For many years the question of access to a surplus was the subject of sharp
controversy in the line of division between the developed and developing
countries was not at all sharp. The realization of the concept of an economic
zone benefited above all those nations who possess extensive coasts bounded

by waters rich in fish. Rich countries like the United States, Canada,
Austrailia, Japan and New Zealand have such extensive zones. However, nations
having especially disadvantageous locations lost out, that is, countries who
in general cannot establish a zone or a zone that is small and contains in-
sufficient resources to satisfy the food needs of its own people. Poland,
among others, which is situated on a small, semiclosed sea with limited

living resources, is such a country.

Poland's position regarding economic zones was presented at the Second Session
of the conference which was held in Caracas in 1974. In expressing its
willingness to recognize the rights of coastal states to establish economic
zones, the chairman of the Polish delegation, the then vice minister of foreign
affairs, S. Trepczynski, insisted in his speech that proper consideration be
accorded to the needs of countries that can only overcome difficulties result-
ing from geographically disadvantageous locations by expanding deep-sea
fishing. Poland's deep-sea fishing industry arose after the war and expanded
dynamically. Polish fishing ships not only are at home on many distant
fishing grounds but also contributed important work in investigating and
identifying schools of fish.

To a certain extent, these facts have been taken into account in the draft
convention as well as in legislation passed by some countries. For example,
a 1976 U.S. law on fishing allowed certain priviliges for those countries
whose ships traditionally fished in areas within these zones.

10

The question of access to the living resources of economic zones has not yet
been completely settled; however, there is no hope for great changes in the
draft convention. Privileges in fishing areas will serve only the developing
countries, especially inland countries and those having geographically dis-
advantageous locations. The rights of developed countries having geograph-
ically disadvantageous locations, such as Poland, unfortunately were limited
to the economic zones of the developed countries located in the same region.
However, one cannot make use of these rights relative to developed countries
whose economies depend on fishing to a large extent.

Of great significance in realizing our interests are the adequately extensive
establishment of the concept of a "region" as well as the acceptance of the
resolution which does now exist that a country with a geographically disad-
vantageous location should have the right to fish in the economic zones of a
neighboring region if in a given region there is no surplus.

If one was to honestly evaluate Poland's present situation, then our fishing
industry cannot be considered for some kind of specific privilege in accessing
the living resources of foreign zones. Fishing can be done in these zones

but only on the basis of agreements with the coastal states concluded as

usual on the basis of commercial principles. The extent of the access and the
conditions under which we will be able to make use of the right to fish will
depend on the knowledge, experience and cleverness of our negotiators.

In the new situation wherein easy access to fishing grounds has ended, the

proper use of the Baltic's resources becomes a vital necessity. Of course,
we have our own zone on this sea and we also participate in well-developed

international cooperation in the fields of fishing and protecting resources
within the framework of the Gdansk Convention of 1973 as well as bilateral

agreements.

11899
cso: 5200/3001

ll

BARBADOS

COAST GUARD PROTECTS TERRITORIAL LIMIT, CONTROLS POLLUTION

Bridgetown SUNDAY ADVOCATE-NEWS in English 7 Mar 82 p 15

[Article by Trevor Adams]

[Excerpts }

- BARBADOS is continui
ws development drive a
gearing to bolster the
economy by securing
territorial and economic zone.
- Declaration of the standard
200-mile economic zone by the
-countries in the Latin America
‘and Caribbean region, was a
contributor to the demise of
the a shrimping and
deep-sea fishing industry.

. Barbados is similarly en-
suring that no other country
takes from this 166-square
mile nation’s share of
whatever marine mineral
resources and sea food is
available in its own economic
zone of the standard 200 miles.
Theoretically, no one can fish
or mine here without
mission of the Barbados
Government. However,
special arrangements were
necessary between this
eountry and the Governments
of St. Vincent, St Lueia
Grenada, Trinidad and
Tobago, and Martinique.
They are between only 90 and
120 miles away from Bar-
bados.

» The established national
mar. time guardian over the 12
mile t lal limit around
Barbados and its economic
zone is the Barbados Coast

arm of the Barbados Defence

Force
Military protection § is
essential not only in the battle
for economic survival but also
to maintain safety at sea and

for the ation of the
lives of 2000 or more Bar-
badian fishermen, tourists.
whose numbers and foreign
currency are a main in

fragile economies. The latter
characteristic, however, also
applies to Barbados whose
economy is precariously
hed on the tripod formed
rom tourism, sugar and
manufacturers in that order.
And the st peetioms faring
deve t acing
this isiand are magnified by
uncertain prices for the few
primary products which are
exported, declines in earnings
Trom tourism, dwindling
foreign investment, higher
energy costs and global
recession.
_ Imports always outstrip
Pxports and this unbalanced
trading out of Barbados’
Javour puts a deep dznt in

foreign exchange particularly
When there are chortfalls in
any two sectors. The oi! and
Tood bills are the principal
eroders as shown in the
January to October, 1981 of-
ficial trade .

The nation’s total food

ote for the cost
136.3 million. Fish imports
accounted for $6.9 million of

12

the bill. Oil prices continued to
late rapidly and saddled
with a $162.7 million

un cnpaelly one that this will

Ticials stressed that this
“revolution” in (ishing costs
hundreds of

boat owners
thousands of dollars to buy the
vessels and equi . in

living off the bottom as
against those feeding on the
sea surface, the officials
explained

nal 's also ee Bar-
tan geologists a

officials that there is the
possibility of minerals on and
under the seabed. These in-

manganese
Against this background
and investment, the Barbados

Government has responded to
an obvious obligation of coast
watching and rescue of

persons in distress at sea
—_ os island's coasts.
They ve provided a Coast
Guard base, HMBS Wil -
by Fort — located at
—. — and een vessels.

ence ing was
imanced entirely r con-
cessionary loan from the
British overnment, in a
fechage contracted to Brooke
Marine of Lowestoft i
— the designers and builders
of the Coast Guard's flagship,
HMBS Trident.

A deterrent

In the present climate of
economic recession, the Coast
Guard not only places em-
phasis on giving quick
assistance to Barbadian
fishermen lost at sea and in
emergencies involving tourist
yachting and wind-surfing,
but this efficient unit also ac
as a deterrent to fishing
vessels coming into the
island's economic zone, and
drug traffickers.

Head of the Coast
Guard, Lieutenant Com-
mander James Oliver, em-

CSO: 5200/7523

phasised the vital importance

of — prover military
ection in { areas:
“The fact is that we are
around and we wii) be seen to
be around; and thai actually
affects this."
"i ~ k—
0 iscipli people in
uniform oa boats at night,

mongst a bus ———y
yachts where perhaps é

of drug trafficking or
remote beaches, if roy
Guard vessels are visible anc
ca out random patrols

think twice.
” are not sure what you
are ing for, whether
have noticed them and so t

pout their approach to this
about ra o
island — in fact tc the extent
that we may deter the
totally. It is a question of being
seen on random business —
like patrols that will actually
benefit the country in those
— uard Chief
said.

The Barbados Coast Guard
Services will be able to handie
oil pollution. Close to shore or
the coast, oil pollution can be
disastrous to the immediate
area; environmental damage
is more severe. The potential
for oil pollution has increased
dramatically due to the
enormous rise in tran-
sportation of oil by ships and
the great increase in the
number and size of the ships
themsel\ es

13

CUBA

SCIENTIFIC SEARCH WITH USSR IN EXCLUSIVE ECONOMIC ZONE
Havana MAR Y PESCa in Spanish Dec 81 p 2
[Extract from BOLETIN DE LA ACADEMIA DE CIENCIAS DE CUBA)

[Text] As part of the cooperation agreement between the Academy of Sciences of Cuba
and the Soviet Academy of Sciences, there was a joint expedition of their oceanology
specialists on the ship "Academico Mitislav Keldish" recently. Academician Vitale
Boitov headed the expedition.

The Cuban scientific collective included Dr Otmara Abello, doctoral candidate in
sciences, and engineer Leopoldo Blazquez and engineer Jorge Foro, specialists in
marine geology and physics.

The trip began in Havana Bay, continued to the Yucatan Channel area, the southern
coast of Cuba to Cienfuegos Bay, the Golfo de Cazones, Cienaga de Zapata and finally
back to Cienfuegos.

During the 12 days of on-board research, the Cuban scientists basically studied the
areas with fishing importance for our country. The studies included marine physics,
marine geology, etc.

First trip made by the "Academico Mitislav Keldish" research ship in waters of

the exclusive economic zone of Cuba
As is established in the bilateral pact between the Cuban and Soviet Academies of

Sciences, this trip opens the way for other joint expeditions with scientific
objectives.

7717
cso: 3010

ANGOLA

AGRERMENTS WITH VARIOUS COUNTRIES STUDIED
Luanda JORNAL DE ANGOLA in Portuguese 7 Mar 82 p l

[Text] A source close to the Ministry of Fisheries told ANGOP [Angolan Press
Agency] that iack of cadres and technical means prevent Angola from immediately
joining the programs in the field of fisheries recommended by the third

meeting of the countries coordinators of the Program of Action of the Movement
of Nonaligned Countries in April of last year in Havana (Cuba).

That meeting approved several documents aimed at cooperation and development
of fishing activities among members of the Movement of Nonaligned Countries,
stressing the recommendations of consultations of fishing on the high seas,
building of ships, exchange of fishing information and establishment of
groups of experts.

Meanwhile, as the source revealed, Angoi* contemplates the purchase, within
a short time, of 20 ferroconcrete ships from Cuba, as well as cooperation
with Nigeria for the creation of a joint firm in Cabinda Province.

At this time, according to the same source, exchange of experiences in the
fishing area continues with Mozambique, there is a protocol of interests with
Libya, and ways for Angola to grant licenses for fishing will be studied

with Congolese firms connected with fishing. Aso within the framework of
nonaligned countries, a Nigerian ship "Ibru" is fishing, experimentally, in
territorial waters of the People's Republic of Angola.

11635
CSO: 5200/5642

15

MOZAMBIQUE

MORE SEVERE SENTENCE FOR SOUTH AFRICAN BOAT
Maputo NOTICIAS in Portuguese 18 Mar 82 p 10

[Text] The Superior Appeals Court of the People’s iepublic of Mozambique has
decided to increase the penalty imposed on Willy Bansen, the captain of the
South African fishing boat "Hawk" DNA19. Last month he was intercepted in
Mozambican territorial waters carrying a ton of fish, according to a report
issued by the AIM [Mozambique Information Agency], citing sources of that
higher court.

According to the same source, in the sentence which was announced the day
before yesterday, thz court ordered the confiscation of the vessel with all
equipment, and sentenced Willy Hansen, a Danish national, to a fine of 800,000
meticals (about 22,000 rands) in freely convertible currency, and to 10,500
meticals in court expenses.

Thus, the sentence of the Maputo Maritime Court, which had tried and sentenced
Willy Hansen to a fire of only 800 meticals, was annulled.

The suspension of the first sentence was requested by the Attorney General of
the Republic on the basis of manifest illegality, resulting from total lack

of application of the penalty provided for in the law approved by the People's
Assembly in 1978.

The law provides for penalties ranging from 750,000 to 10 million meticals

in case the violation was limited to jurisdictional waters, and confiscation
of the vessel if it is proven that it was fishing, preparing for fishing or
transhipping fishing products in territorial waters without due authorization.

After reviewing the entire process, including the depositions of witnesses

and of Willy Hansen himself, it was considered that there had been preparations
for fishing in territorial waters, which fact had rot been taken into
consideration by the Maputo Maritime Court.

As a matter of face, writes AIM, in these depositions it was stated that the
vessel had been fishing on 7 February in Zavora, Inhambane Province, and was
again preparing lines for another fishing day.

16

When the ship was intercepted on 8 February, 1.6 miles from the coast near
Ponta Dobela, Maputo Province, the fishing rods were ready, with bait on
the hooks.

It was also proven that the ship often fishes in Mozambican waters, mainly
in the areas of Ponta de Ouro, Monte Belo and Boa Paz. Hansen even admitted
that they fished in Mozambican waters, but that he was convinced that the
supervision was not effective.

The Superior Appeals Court also considered the loss, in favor of the State of
Mozambique, of the value of the fish found aboard, which was evaluated at
some 70,000 meticals.

11635
CSO: 4$200/5642

17

NIGERIA

COMMENTATOR SEES NEW LAW OF SEA BENEFITING COUNTRY
AB291340 Lagos Domestic Service in English 0600 GMI 29 Mar 82
[Commentary by Oscar Ede]

[Text] Today, the world awaits a new international law of the sea to replace
the old one contained in the four Geneva conventions of 1958. The tough
bargaining between 150 states which started since December 1963 is yet to
materialize into a permanent test treaty. The emerging law is in many ways
significantly different from the old law. Admittedly, the journey to this
point has been rough as the developed countries whose interests predominate
in the old law of the sea find it difficult to accept the need for equality,
peace and justice for the sea. But on the other hand, the developing countries
are equally determined to create a new legal order. The irony in the current
conference is that alliances have not been iormed among negotiating states
along traditional, ideological liberal and socialist or capitalist and
communist lines.

Instead, alliances have been on a national level of development line--the
underdeveloped versus the developed. Because of the increase in the resources
of the sea, major industrial countries have suddenly developed strange
(?demands) themselves in opposition to the poor countries of the world who
constitute over 3/4 of the negotiating states. In the present conference,
about 115 (?subjects) were listed for negotiations. The major issue centered
around who owns and controls what parts of the world oceans and seas as well
as the living and non-living resources of these oceas«. The conference will
also define the rights and duties of other states, no.ably, the land-locked
and geographically disadvantaged states in the different areas of the world's
oceans. [Passage indistinct] The remaining issues mainly concern voting
procedure and methods of granting exploration license in the international
seabed areas. This part has been holding bach the emergence of a new law

of the sea. It is these same issues that led ‘o the stalemate at the last
conference. The United States Government has isked for time to review the
draft agreement, especially as it concerns the area on the mining of the
seabed. But the majority of delegates felt that this could reopen old
arguments and thereby delay the final agreement. The present arrangement
recognizes two distinct areas: The national area comprising the 321-kilometer
exclusive economic zone, EEZ, and the international area comprising areas
outward of the EEZ.

18

The area is known as the common heritage of mankind and it is to be managed
by an international seabed authority. This second area has generated problems
due to the reluctance of the industrialized world, which has vast technology,
resulting in the problem of granting concession or exploration license to
multinational corporations. However, issues have been almost resolved in

the national areas, that is, the exclusive economic zone. The rights and
duties of states, both coastal and land-locked, in other states have been
resolved particularly as they relate to exploitation, preservation, research
and other basic freedoms on the sea.

One major breakthrough in the new law is the adoption of a breadth of 19
kilometers for the territorial sea. Thie issue had eluded all conferences
organized since the beginning of this century.

What therefore are the implications of these developments for Nigeria? Like
every other coastal state, Nigeria stands to gain by the adoption of a 32l-
kilometer exclusive economic zone. Politically, the country will] gain about
8,000 square kilometers of territorial area and another 104,000 square kilo-
meters of preserved economic resources zone. Strategically, the gain will
help to create a large security buffer zone for the country's defense.
Economically, the entire area will remain exclusive to Nigeria as far as
mineral resources as well as living resources are concemed.

So far, the fishery and mineral potentials of the coast of Nigeria are no
more a secret. As far as unilateral claims on the sea are concerned, Nigeria
has been considerably moderate. It took about 89 years for Nigeria to alter
the 5-kilometer territorial sea limit to 19 kilometers, that is from 1878

to 1967. By 1971, Nigeria had extended it to 48 kilometers and finally in
October 1978, she declared the 32l-kilometer exclusive economic zone. It
will be important to equally point out Nigeria's stand as to certain issues.
As far as international seabed mining is concermed, Nigeria maintains that
the systems of financing exploitation. the resources policy and production
control should [words indistinct] i. check against any injuries to the
economies of poor countries. If a new law of the sea finally emerges, it
could--i» its own way--be a Magna Carta for these countries.

CSO: 5200/5645

19

FEDERAL REPUBLIC OF GERMANY

BONN SET COURSE FOR SEPARATE TREATY ON MARITIME MINING
Hamburg DER SPIEGEL in German 15 Mar 82 pp 47, 49

[Text] With a separate treaty the FRG is undermining the LOS conference--
final round in the struggle for distributing gigantic reserves of raw
materials.

The negotiating delegations had withdrawn into the seclusion of the Santa
Clara convent in the little north Iberian city of Tordesillas. The document,
which ths Spanish ambassador and his Portuguese colleague signed on 7 June,
sealed the division of the world. An arbitrary line of demarcation between
the 48th and 49th meridians guaranteed the two countries the conquest of
entire parts of the earth: the western part was to belong to the Spaniards,
the eastern to the Portuguese.

The 1494 Treaty of Tordesillas, a brazen act of large power supremacy politics,
had come into being through the mediation of Pope Alexander VI who had
declared himself arbitrator in the distribution of continents.

Rome is no longer in demand as the last court of appeals in the now impending
division of the globe. The relationships are more complicated.

Nonetheless, at the LOS conference which met for its llth session on Monday of
last week at the United Nations in New York, the issues are the distribution

of 71 percent of the earth's surface, the demarcation of territorial and
economic zones at sea, shipping and fishing rights, but mainly the distribution
of the enormous deposits of raw materials in the oceans.

The experts estimate that in about 20 years half the world's requirements for
nonferrous metals will be met from the oceans, mainly in the form of manganese
nodules. At the latest, from 1988 on the facilities will be available to
mine the precious sea rock from depths up to 7,000 meters. In addition to
manganese and cobalt, which are used to produce high quality steels, it also
contains copper and nickel.

And as before in Tordesillas, it is again the great countries that want to
assure themselves the most lucrative latifundia by exploiting their economic
and technological position of priority in the matter of distributing these
natural resources.

20

Secretly the Americans, French, British and Germans came to an understanding
even before adoption of a U.N. convention on the use of the oceans. The four
delayed final signing until after the New York conference in order to keep
the developing countries prepared for compromise. For the purpose of the
agreement is clearly contrary to their interests: investments by companies
which are now involved in deep-sea mining are quite emphatically to be
protected.

But mainly the treaty partners are guaranteeing each other the right to
protect licenses for developing fields of manganese nodules in international
waters. The details are regulated in the national deep-sea mining laws.

In practice this means: the four countries, which before long will be joined
by Japan, and possibly even Italy, Belgium and the Netherlands, are independ-
ently staking out their claims before the United Nations has reached agreement
on international control. Thus, they are undermining the efforts of the LOS
conference for a just distribution of the natural resources.

Even prior to the beginning of the New York conference the parliament in Bonn,
in rare unanimity and virtually unnoticed by the public, set a new course.

On 21 January, shortly after 7:30 pm a small group of Bundestag delegates

from all three fractions, who were left over from exhausting budget debates,
“unanimously and without discussion" passed inconspicuous amendment 9/1074;
that authorization which gives the Federal Government a free hand in negotiat-
ing the special treaty with the United States, France and Great Britain.

The event is unique in the history of the Bonn parliament--none of the delegates
was familiar with the exact purpose and the details of the treaty.

Noteworthy also is the haste: rarely have bills been pushed through the
plenum in such a short time: there were not even 2 months between motion
and passage.

The action was not fishy in the eyes of the legal committee in Parliament.
Legal committee chair, Herta Daeubler-Gmelin (SPD), admonished that to be
sure, there was "no sweeping" constitutional consideration, but once and for
all it would be nice to “know that the action taken is restricted to imper-
ative exceptions.”

But the issue might perhaps not seem so imperative to everyone. Even in the
fraction meeting held for preliminary discussion, Uwe Holtz, the SPD's
spokesman for development policy, had demanded a slower pace. There had
scarcely been time for the committees to examine the bill in due order.

Holtz stated that he feared the usable sea bottom would be divided up for the
foreseeable future among the countries engaged in deep-sea mining; the devel-
oping countries would be the losers. The basic idea of the LOS conference

to administer the oceans as the “common heritage of mankind" would thus

be turned around.

21

Egon Franke and Annemarie Renger, right-wing fraction members, immediately
brushed the critics off. Reservations were out of order, the issue had to
be pushed through now.

The people in Bonn had in fact gotten caught up in pressure. Mainly the
Americans were pressing for haste. They want to see orderly circumstances

at their doorstep as soon as possible: the first fields of manganese nodules
are to be surveyed in the Pacific, between California and Hawaii. A huge
area will be divided into large lots that are 160,000 square kilometers.
National and international mining consortia can soon acquire concessions.

The lobby is strong. Making up the party are conglomerates like Kennecott
Copper, US Steel, Rio Tino Zinc, BP, Shell, Mitsubishi and Lockheed. For
the FRG Preussag, Metallgesellschaft and Salzgitter are involved, which as a
consortium hold 25 percent of the “Ocean Management Inc” (OMI) multi.

Thanks to the involvement of OMI the Germans might be able to count on an
annual mining output of over 4 million tons in 6 years when mining, according
to the agreement, may begin at the earliest. With a single stroke the FRG
would have met almost 40 percent of its nickel requirements and even up to
100 percent for cobalt and manganese.

Of course, at the LOS conference the developing countries wanted to put a

stop to that. According to the demand, the industrial countries would have

to make know-how and technology in deep-sea mining accessible to the countries
of the Third World at “appropriate and reasonable prices," as stated in the
draft treaty. An international raw materials authority is to control mining
even operate it itself from case to case and distribute a part of the yields

in an appropriate way.

Something like this reeks of nasty regimentation as far as the Federation of
German Industries (BDI) is concerned. In a lobby letter to the members of
four Bundestag committees the BDI let the members know what the result would
be if the wishes of the developing countries were accommodated: "The LOS
convention will’ degrade “Germany into an interior country like Nepal."

12124

CSO: 5200/2058 FND

22

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