JPRS 80774

11 May 1982

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JPRS 80774

ll May 1982 WORLDWIDE REPORT LAW OF THE SEA No. 196 CONTENTS WORLDWIDE AFFAIRS "KYODO': No Progress in Salmon Talks With USSR (KYODO, 20 Apr 82) ......ccce cece cc ccccccccccceececeeees 1 Agreement Reached With USSR on Salmon Quota Crue, Se BOE GE) 0 0055650006006 5 0006000060806 680 00 0ee8 2 Briefs USSR Captures Japanese Boats 3 ASIA INTER-ASIAN AFFAIRS DPRK Official Discusses Fishery Accord CHK, 18 Ame GR) ccccvsocsecceseserectessccectecsecécsee 4 AUSTRALIA Briefs Abalone Fishing Ban 5 Bass Strait Drilling 5 NT Offshore Activity 6 Offshore Tasmania Plans 6 BANGLADESH

Bangladesh Delegate Speaks at Law-of-the-Sea Talks (THE BANGLADESH OBSERVER, 3 Apr 82) ......cccecececceces

-a- [III - WW - 136]

INDIA Minister Speaks at Law of the Sea Conference (THE TIMES OF INDIA, 2 Apr 82) ......ccccccccccccccceeens 8 Briefs Offshore Drilling Contracts 9

JAPAN MSA Announces DPRK Release of Fishing Boats Cre, 2 OO GE) 65466055 4.0400405045065550004600000408045 10 LATIN AMERICA INTER-AMERICAN AFFAIRS Antigua-Barbuda, Guadeloupe Agree To Cooperate on Fishing (ADVOCATE-NEWS, 30 Mar 82) .. i. icccccccccccccccccececsess 11 SUB-SAHARAN AFRICA


Briefs French, ROK Fishing Boats Seized 12 KENYA No Fishing Contracts To Be Given to Foreign Trawlers (THE STANDARD, 8 Apr 82) .....cccccccccvcccsscceseseseses 13 USSR Supreme Soviet Issues Decree on Law of the Sea CTARE, £0 ORE Ge 6640 ke cs cbencensnednsdeeesecdetscansias 14 U.S. Demanding Revision of LOS Convention ee A FO 2 evereere rere errr ere ere r Te reererrrrer Tre 18 Soltan Commentary on Law of Sea Conference (Moscow World Service, 19 Apr 82) ......ccccecccccevcvevces 19 USSR Compelled To Defend Sea Resource Interests (I. Sivtsev; SOTSIALISTICHESKAYA INDUSTRIYA, 18 Apr 82) . 20 WEST ZUROPE TURKFY

Columnist Criticizes Law of Sea Convention (Mehmet Ali Birand; MILLIYET, 23 Apr 82) .......cceeeeees 22




OW200027 Tokyo KYODO in English 0006 GMT 20 Apr &2

[Text] Moscow, April 19, KYODO -- No progress was made in Russo-Japanese negotiations here

Monday on Japan's salmon catch quota this year in the northwest Pacific waters and on other problems, Japanese officials said.

At the meeting, Akira Matsuura, head of the Japanese Fishery Agency, and Soviet First Vice Fishery Minister Nikolay Kudryavtsev reiterated their proposals made last week.

The Soviet Union proposed on Apri] 14 that Japan's catch quota in 1982 be held down to 37,000 tons, or 5,500 tons less than the 42,500 tons agreed on last year, while

Japan sought a quota of 45,000 tons.

Matsuura arrived in Moscow last Saturday in an effort to break the impasse in negotiations in time for the start of fishery operaticns on May 1.

japanese and Soviet negotiators were scheduled to meet on Tuesday to discuss such problems as joint surveillance of Japanese salmon fishing operations.

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OW221113 Tokyo KYODO in English 1106 GMT 22 Apr 82

[Text] Moscow, April 22, KYODO -- Japanese-Soviet negotiations to fix 1982 catch quotas for salmon caught in the northwestern Pacific concluded Thursday in Moscow after the two parties agreed to keep Japan's quota at 42,500 tons, the same as that in 1981. The two parties also agreed that Japan should agein pay yen 4 billion as fees, also the same as in 1981.

During the negotiations, the Japanese side accepted a Sovict proposal on joint surveillance of the fishing operations which would involve the presence of Soviet observers on Japanese patro’ ships. The joint surveillance is intended as a precautionary measure to prevent Japanese fishing boats from violating the rules and restrictions imposed on their salmon fishing operations in the northwestern Pacific waters. It will be the first time that such steps have been implemented.

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USSR CAPTURES JAPANESE BOATS--Saproro, April 17 (KYODO)--Two Japanese fishing boats appear to have been captured by Soviet patrol boats in the western Bering Sea, east off Karaginsky Island near the Kamchatka Penin- sula, the Maritime Safety Agency said Saturday. The two boats were identified as the 349-ton No 81 Yoshi Maru with 25 crew and the 349--ton Fukui Maru carrying 23 crew. They sent emergency signals to the MSA headquarters in Otaru saying they were being inspected by a Soviet warsliip acound 4:30 a.m. Friday. No further communication was received, however. The two fishing boats left Kushiro port early April to fish in waters off Kamciiatka Peninsula until early May. Six fishing boats, with some 100 crew in total have been captured by Soviet patrol boats so far this year. [Text] [O0W170602 Tokyo KYODO in English 0551 GMT 1 Apr 82]

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OW182353 Tokyo NHK Television Network in Japanese 1430 GMT 18 Apr 82

t A rdi t rrespondent Yok waiin Pyongyang, Hvon Chun-kuk, ceputy director the Korean bkorker irty International Department, met with Japanese journalists in Z me thi ifter the meeting, he said that it is up to Japan wrether the Japan-DPRK fishery agreement, which is to expire in June, is renewed or not. The fishery agreement is a private-level : rd which is renewable every i years. The current accord is set to expire this coming \t today’s meeting, Deputy Director Hyon said: Last vear the Japanese side proposed that the fishery talks be méucted in kyo; however, the Japanese authorities have thus far refused t¢t rllow it delegation entry into Japan. The DPRK has nothing to lose if the : r is not renewed. The renewal of the accord is up to Japan.

CSO: %$200/2071



ABALONE FISHING BAN--Vietname,e amateur fishermen have been blamed for an indefinite ban on abalone catches along Perth's beaches. The move comes after mounting complaints by professional and other amateur fishermen that Vietnamese families living in Perth are fishing out nearby reefs and threatening reef ecologies. The ban does not cover professional fishing of abalone. The zone affected extends from 60km south of Perth to the mouth of the Moore River, The Vietnamese have been descending on the reefs in constantly increasing numbers, often in large family groups. Some have been taking more than the limit of 36 abalone a person a day. A fortnight ago, several professional fishermen mde a citizen's arrest of some of the am- teurs and called in government inspectors to check the size of the catches. Announcing the ban, the Government said: "The decision followed an increased level of fishing plus evidence that groups of people had been found with catches of abalone fat in excess of the legal limit of 36 per person.”

The Premier, M> O'Connor, has called for a study of the threat to the reefs. He said: “Already a number of prosecutions are proceeding because of breaches of current regulations and persons found contravening the new ban wt be prosecuted.” "Trexe} (Canberra THE AUSTRALIAK in English 10 Mar 82 p 2

BASS STRAIT DRILLING--The new $240 million search for oil in Bass Strait will swing into the drilling phase in early May. First off the mrk will be the consortium headed by Shell, which plans to drill an exploration well in the northern part of the permit it won in last year's licensing round. Shell's group won the deep-water area, V80-3, while consortia headed by Australian Aquitaine and Phillips won the other two are** relinquished by Esso-BHP. ine semi-submersible rig, Diamond M Epoch, will drill the Shell group's first well into a fault trap lying on the basin side of the Rosedale fault system, It will prove more costly than the $5 million to $10 million cost typical of Bass Strait wells because the water is so deep--120m,. The well'’s target depth is 2000m, and Shell has maintained, in a fashion, the fishy flavor adopted by the Esso-BHP partne,ship in naming the well, But unlike Exsso-BHP, which gave its wells and fields names such as Brean, Fleunder, Tuna and the like, the first well by the Shell group will be cailed Haumerhead. It is thought likely the group will name later wells after other varieties of shark, [Text] (Canberra THF AUSTRALIAN in English ll Mar 82 p 13)

NT OFFSHORE ACTIVITY--Melbourne--The offshore Northern Territory exploration well, Vulcan No. 1, located in licence area NI/P2, was spudded on March 8, Weeks Australia Ltd reported yesterday. Total planned depth is 4000m ‘na water depth of 110m. The well's target is a structural close adjacent to a large graben or trough running northeast to southwest through the permit area. “Oil prone source rock exists in the Kimmeridgian-Oxfordian (Jurassic) shales which are at least 1200m thick in portions of the Vulcan Graben,” Weeks said, “The well is on the opposite side of the major fault system to the Swan structure where gas and condensate reservoirs of upper cretaceous age and jurassic oil prone source rocks were penetrated," Weeks has a 23.75 percent interest in this area of the licence, Western Australia Onshore Oil NL reported yesterday that the Yardie East No. 1 well in the Carnarvon Basin has drilled 3829m of its planned deviation driil of 5650m and is drilling ahead, The well is being drilled as a deviated hole from a shoreline surface location and has a planned vertical depth of 4,200m,. It is being drilled under a farmin agreement with the permit holder, WAPET. [Text] (Brisbane THE COURIER-MAIL in English 11 Mar 82 p 29]

OFFSHORE TASMANIA PLIANS--Australian Consolidated Industries has continued its big push into resources by taking its first direct interest in petroleum exploration, ACI chairman Sir Andrew Grimwade said yesterday the company had taken a 25 percent interest in an exploration project off the western Tasmanian coast where the operator is the US-controlled Amco group. ACI's farm-in will mark the first Australian in the venture which involves two ireas, permit T/12P and offshore licence 5/75. Amoco will be left with a 50 percent interest in the areas with remaining 25 percent split between a subsidiary of the Fluor group and Anschutz Overseas Corp. ACI signalled its desire to get into petroleum exploration some months ago when it unsuc- cessfully tendered for a keenly-sought Bass Strait lease, The company has a stated policy of placing 25 percent of its assets in resources during the 1980s, Until now, its resource activity has been restricted to participa- tion in three big Queensland coal projects--the Curragh coal area (a 30 per- cent interest), German Creek (13 percent), and a stake in the Blair Athol development. Drilling is scheduled to begin un the Tasmanian areas in the second half of this year and the first well will be located about 15km northwest of Cape Sorrel. Sir Andrew said ACI's share of drilling costs would be financed out of ACI's existing loan facilities and shareholders would not be called on for further funds for the venture. /‘vext]

[Canberra THE WEEKEND AUSTRALIAN in English 13-14 Mar 82 p 20]

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Dacca THE BANGLADESH OBSERVER in English 3 Apr 82 pp 1, 12

[Text }

all had to be protceted and stressed) that no unilateral ¢.\porziion or

co.ld ¢.ef acquire t siamp of )begitemacy.

Thangladesh suggested that the goal could be achieved ty bridging the gaps between the United States and other potential sea b.d users on the ome hand acd the Group of 7? and others sharing its (the

(A €ain recognition ends re fiection to ite claim te ~@ batlry

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os - fv to its wri. gcograph c lovical realities of its ssentinn

He also called for adoption of a clear cut in Gclimiting the marntime boon. dary and reaching acrermente on the basis of cquitable solu. tion «made mandatory bv the current text.

He also reiterated Bangladcsh demand for wniformity in the principles governing drehmita. tron & bringing the everiappine jurisdiction im territorial waters into conformity with article 74 end 4).

Pangladesh also suggested ¢t tend:na the provisions covering dlepute settlement sot only to futere situations but siw te pending cases of dlenutes




Bombay THE TIMES OF INDIA in English 2 Apr 82 p 9

[Text] United Nations, April 1 (UNI).


India has supported giving the western

consortia, or “pioneer investors,” an access to seabed resources, but has made it

clear that the privilege should not be theirs alone.

The law minister, Mr. Jagannath Kaushal, expressed broad agreement yesterday with recognising “the contribution made by pioneer investors in promoting seabed min- ing.” “This would assure the industrialised states of their access to the resources of the area in an orderly and regulated manner without creating a monopoly”, he


Tie howewr:. adweed the third Linned Natonms conference on the law of the sta againet closing the door te 6 posermie particrmaticn by developeng cowntrees om the dwection,

The conference & at present debateng a orapesal by @ working group to pro- tt Porcer investors m seshed euple- rattan before the cenvention enters mite for ¢

Mtr. Kaevhol referred te the circula trom. a few days apo. of « paper that lLeved et comenta and the Sewset Limon as the cuteves and state rtape. tvely, encooed m scabed surveys, ond need m this coment teat Ime -

hearme om toeum! oor need for memeral rese@erces fer e cement, dev clopment

had ae 2 her @xmberrte thex & EP PPV PYRO heritage of mankind - the rebhes of the tu

The criine to the delegates how India had threweh os research vessel befted reo lyre! al! modeles from ~@ dep) of <7) emetree trom the badien Ocean m@ jemeers. (OR). he todd the conference that becee hed stready apemt severe! milhes deliers m “he effort, hes des the cost ef shore, ood thet further re eanch ond servwey were ender wey.


The frimecter Srenesed thet the “poe trom ol develepene commends ehewld he

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" a Par wh the other prioweer m- vesters, and wa made inferwor to them.” and added that tha would pro- mote the efiecewe ompicetion of the @vention to cll states withowt drecr- menatren, at the samme time svoiding the ttiahinheet of @ monepely im the hanck of atew nm@ustriaheed cowntrees

On nethonal | heraton -snovements, Mr. Kaushal send he government sup- ported thes mierests “both emotionally and poirta ally and felt the UN, councld for Namitha showld be @ perty to the cwmrentiion

The couned was exteMivhed 16 years ate « hen the C.onere! Awwembly Gabhed the ram Sewth Afraon regeme there tiers! end @evited to briny Negpibie wander dre LW. oe i, a move yet wo he wnplemenied



OFFSHORE DRILLING CONTRACTS--Tokyo, March 31. A $78 million contract for the con- struction of three offshore oil exploration platforms in the Bombay High area has been awarded by the Oil and Natural Gas Commission to a French-Japanese consortium. According to reports here today ONGC has placed a letter of intent with the group led by France's ETPM ending months of speculation over the selection of the suc- cessful bidder. The Japanese parties of the consortium are Kawasaki Steel Corpora- tion and Hitachi Shipbuilding and Engineering Company. The ETPM group was the second lowest bidder in the initial bidding after McDermott Incorporated of the

U. S. However, in subsequent private negotiations ONGC is stated to have reacted favourably to the delivery schedules proposed by the French-Japanese group. The contract calls for the delivery of the platforms between February and April next year. The lion's share of the contract go¢s to ETPM which will undertake the in- Stallation of the three platforms. The group which is the world's third largest marine construction company will also manufacture two of the three platform sub- structures. [Text] [Madras THE HINDU in English 1 Apr 82 p 5]

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JAPAN MSA ANNOUNCES DPRK RELEASE OF FISHING BOATS OW250441 Tokyo KYODO in English 0426 GMT 2% Apr 82 [Text] Fukuoka, April 25, KYODO -- Five Japanese fishing boats seized by North Korea

in waters off the Korean west coast Saturday were all released within hours, according to the Maritime Safety Agency (MEA) officer here.

The five vessels of two fishing companies in this western Japanese city were captured by North Korean warships while operating in the North Korean-proc)aimed exclusive fishing


North Korean authorities were quoted as saying they released the boats as a guesture to mark celebrations of President Kim Il-song's 70th birthday.

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Bridgetown ADVOCATE-NEWS in English 30





ST JOHN'S. Monday, (CANA) - he Government of Antigua and

Barbuda and the authorities in the French islands G have agreed in weekend here

included Agriculture, Robin Yearwood and the Minister o, State in the awe? A Foreign Affairs. Hugh rshall met with a team from the French island headed by the assistant to the prefect of Guadeloupe for external affairs, Mr. Max Vincent

The Gua authorities agreed to look into the possibility of carrying ouf a study of the problem of poisonous algae which con- taminate the Redonda Fishing Bank off the coast of Antigua and Barbuda

According to a communique on the talks, the French island also agreed to assist the Antigua-Barbuda Fishing Department in establishing

management systems for the




Mar 82 p 3

fishing industry, to give technical assistance to fishermen here and to invite

Barbuda noted that it recently drawn up con- servation measures for fishi resources within its territoria waters. As a result, fishermen will be restricted from fishing certain species from April 1, 1982

There will be restrictions on Sclpw the ota of pound


or below the size of nine in- ches

The fi of | bearing female will be ab- solutely prohibited,” the communique said.

The government of Antigua and Barbuda has to

open discussion with the authorities of the French

G y be allowed to fish within this country's territorial waters.



FRENCH, ROK FISHING BOATS SEIZED--Bissau, 21 Apr (AFP)-—-Two French and South Korean fishing boats have been seized by Guinea-Bissau's navy for illegally fishing in the territorial waters of that country, it was learned in Bissau on Wednesday. The minister of justice indicated that the case of the two beats--the “Captain Cook" and the “Han-sung No 5," which are accused of violating Guinea-Bissau's national sovereignty and the international law

of the sea, will be submitted to the justice. The fish contents of the two boats have already been seized and sold publicly in conformity with a pre- vailing law in Guinea-Bissau. [Text] [AB211926 Paris AFP in French 1754 GMT 21 Apr 82]

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Nairobi THE STANDARD in English 8 Apr 82 p 5

(Text ]

c ~


THE Minster for Tournsm and Wildlife. Mr. Elijah Mwangalic. has said that no fishing contracts would be given to foreign trawlers. whom he accused of soliciting for such contracts to exploit Kenya's fish resources

Mr Mwangaic. who toured the Fishenes Department om Naot vesterday . lashed out at forergn cxplornicrs for orpaneung a Mafia type vwstem = among devclopang counties for ciuplonation

said such aotonows activities had been

common withen Kenya's 20D mics terrmtonal waters which comprned WED s wuare kidemectres and the Crowerament was taking <inmecet measures to cut out the cuplorters Ik appealed to decrmen-makers te cmerc they de not fail the country. Mr. Mwangaic wed decwon-makers had an obhgation for the country's wellare

the sand fishernes had a great potential us a mayo forcegn exchange caract He Minit had a heavy responsiblity of developing the frsheng endustry to crsurc matimum produc. thon to meet the high demand

He said be Minetry was ottamnng huge suppert from force cowntnes te finance Sarrous progects Phe Itahan eoworament fed even Shs | 5 milhen tor fealty wedies amed at cupendeng the tehene modecry

The Menmtrs «as tokeng appropriate mea- sures to avend over fehene m venous areas such a twkhe Nakere and Lake Narwasha where vhost all the tah had hoon caught



The Meeeter sand Kenva’s total fish pro- duchon m 19%! wa cstimated te be ahout SS 10) toms whech carned morc than Shs. 100 mihon The efcatet produce arca was Lake Vectors woth acarly 40.108) toms

Another may prodection arca was Lake lurkana. where the Norwegian Agency for Imernatronal Devclupment (NORAD) ad of Sis 33 enllics tr extabdich o modem factity for fish procewang

at Work on the project was underway

Mr. Mwangale also said fish farming programmes were underway throughout the



LD180642 Moscow TASS in English 0638 GMT 18 Apr 82

[Text] Moscow, 18 Apr, TASS -- Follows the full text of the decree of the Supreme Soviet

the USSR:

"On Temporary Measures for the Regulation of the Activities of Sovie* Enterprises in the Prospecting for and the Development of the Mineral Resources of the Sea-Bed Beyond the Limits of the Continental Shelf”

states have, without waiting for the conclusion of a new international convention being drafted at the 3rd United Nations Conference on the Law of the Sea in keeping with Resolution 2749 of the (25th) United Nations General Assembly, been adopting wuts permitting their natural and legal persons to conduct the prospecting for and the development of the mineral resources of the areas of the sea-bed beyond the limits of the

Lately a number ot

continental shelf.

Union comes out and will continue to come out for the settlement of urgent problems of the legal regime of the world ocean on an international basis and for the con- clusion for this purpose of a convention which would solve all the issues of the law of wa, specifically the issues of the utilisation of the mineral resources of the sea-bed weyond the Limits of the continental shelf, comprehensively, in their inter-relation, on and equal basis, and taking account of the legitimate interests of all states.

Ihe Soviet

1 just

\t the same time taking into consideration that other states unilaterally begin the

of the mineral resources of the sea-bed beyond the limits of the ontinental shelf, the Soviet Union is compelled io take measures to protect its ,nterests the prospecting for and the development of the said resources.

practical development in respect of The Presidium of the Supreme Soviet of the USSR resolves:

1. Competent agencies of the USSR can issue permissions to Soviet enterprises for the prospecting for, as well as permissions for the development of the mineral resources of the areas of the sea bed beyond the limits of the continental shelf (hereinafter referred to as “areas of the sea-bed"), to determine the dimensions and geographical coordinates of the areas of the sea-bed in respect of which such permissions are issued.

2. Issuing permissions in accordance with Article 1 of the present decree the Soviet

state does not lay claims to the establishment of sovereignty, sovereign or exclusive rights, jurisdiction or the right of ownership with respect to any areas of the sea-bec

or their resources, and does not recognise claims of such kind on the part of other states.

The USSR exercises jurisdiction with respect to Soviet legal persons taking part in the conduct of the prospecting for and the development of the mineral resources of the areas


of the sea-bed, with respect to ships, stationary or mobile installations used by Soviet enterprises in carrying out the said operations, as well as with respect to natural persons on these ships and installations.

3. On the basis of reciprocity the USSR shall conduct cooperation cm matters of the pro- specting for and the development of the mineral resources of the areas of the sea-bed

with the states which recognise the permissions issued to Soviet enterprises in accordance with the present decrec.

The competent Soviet agencies shall notify the states envisaged by part one of the present article of applications received from Soviet enterprises for the issue of permissions for the prospecting for or the development of the mineral resources of the areas of the sea- bed, as well as of permissions issued for the conduct of such work.

4. <A permission for the prospecting for the mineral resources of the areas of the sea- bed shall be issued on condition that an application for such a permission mentions two areas recognised as promising with regard to mineral resources. One of these areas is to be utilised by the enterprise which has received the permission, while the other is to

be reserved for possible prospecting and development by a future international sea-bed authority.

The total territory of the areas of the sea-bed in respect of which permissions envisaged

by the present decree are issued for the prospecting for or the development of the mineral resources of the sea-bed, should not surpass reasonable limits with account for the legi-

timate interests of other states.

5. Enterprises which have received corresponding permissions acquire an exclusive right for the prospecting for or the development of the mineral resources in the areas of the sea-bed in a region specified in the permission.

6. Enterprises which have received permissions for the developmert of the mineral resources of the areas of the sea-bed have tLe right to begin it not earlie: than January 1, 1988.

7. On the basis of the treaties between the USSR and the states concerned foreign natural and legal persons can take part in the prospecting for and the development of the mineral resources of the areas of the sea-bed conducted by Soviet enterprises, and the Soviet enterprises -- take part in carrying out the said operations conducted by foreign natural and legal persons.

8. The compe -nt agencies of the USSR conduct cooperation on the basis of international treaties of the USSR with foreign states concerned for the purpose of rendering assistance to them in the development of technology, in the production of equipment, in carrying

out measures to prevent the pollution of the natural environment, in the training of per- sonnel and in other matters pertaining to the prospecting for and development of the mineral resources of the areas of the sea-bed.

9. The conduct of the prospecting fer and the development of the mineral resources of the ireas of the sea-bed by Soviet organizations must not create ungrounded obstacles for the exercise of the principle of freedom of the seas and the legitimate activities in the world oocan, and also must not contradict the international commitments of the USSR under the treaties concluded carlier.

10. The construction by Soviet enterprises of stationary installations for carrying out the prospecting for and the development of the mineral resources cf the areas of the sea-bed,

and the creation around the stationary and mobile installations of safety zones which

may stretch to a distance of up to 500 metres from the installations, counting from any point of their outward edge, is allowed oniy with the permission of the competent agencies of the USSR. The installations should hive means of warning for ensuring the safety of the sea and


air navigation with regard for the norms and standards envisaged by ‘nternational organi- zations. The establishment of the said stationary and ecbile instllations and the creation of safety zones arousd them is reported in the “notices to the mariners”.

Enterprises responsible for the maintenance and exploitation of the stationary and mobile in- stallations ervisaged by part one of the present article should ensure their safety and

the maintenance in order of permanent meonms of warning of the existence of these installations Stationary and mobile installations, the operation of which has been

ended, should be removed if they can create obstacles for the navigation, fishing and other types of the legitimate uses of the seas.

ll. Im case the prospecting for and the development of the mineral resources of the areas

of the sea-bed are carried out by Seviet enterprises with the participation of foreign natural and legal persons, ships, stationary and mobile instllations belonging to foreign natural

amd legal persons are under the jurisdiction of the corresponding foreign state with the exception of cases when directly envisaged otherwise by a treaty between the I'SSP and the foreign state concerned.

12. The gineral resources recovered by Soviet enterprises in the areas of the sea-bed, as well es the data and samples received during the prospecting for these mineral resources ate state property of the USSR.

13. In case of the prospecting for and the “velopment of the mineral resources of the areas of the sea-bed are conducted by Soviet enterprises with the participation of foreign natural or legal persons, the minera! recources, may in accordance with a treaty betveen the USSR and the foreign state concerned fully or partially become the preperty of that State or natural and legal persons under its jurisdiction.

14. In the conduct by Seviet enterprises of the prospecting for and the development of the mineral resources of the areas of the sea-bed necessary measures should be taken to ensure an effective protection of the natural environment from harmfwl influence vhich may arise as a consequence of such operations.

15. For violating the provisions of the present decree or the regulations issued in its fulfillment, Seviet officia'ts and citizens found guilty bear criminal, administrative or other responsibility in keeping with the legislation of the USSR and the union republics.

16. In case of disputes with the agencies of foreign states over the issue of permissions to Soviet enterprises for the prospecting for or the development of the mineral resources

of the arcas of the sea-bed, as well as over actions committed by foreign legal or natural persons creating obstacles for Soviet enterprises in carrying out the operations envisaged by the said permissions, competent Soviet agencies shall take necessary measures to settle them in keeping with the procedures envisaged by the United Nations Charter.

In case foreign legal or natural persons cause damage to the property of Soviet enter-

prises conducting the prospecting for or the development of the mineral resources of the ireas of the sea-bed, the competent Soviet agencies take measures to recover in keeping

with the established procedure the damages caused.

l7. ihe competent Soviet agencies ensure security of the citizens taking part in the prospecting for and the development of the mineral resources of the areas of the sea-bed carried out by Soviet enterprises, as well as the safety of the property used in carrying out these operations.

18. Part of the proceeds received from the development of the mineral resources of the areas of the sea-bed by Soviet enterprises shall be used to set up a special fund in accordance with the procedure and in amount to be specified by the Council of Ministers of the USSR.


The proceeds transferred to the fund may be handed over to a future international sea-bed authority for the purpose of the fulfillment of the obligations of the USSR which will arise in connection with a new convention on the law of the sea being drafted.

19. The procedure of the issue of permissions for the prospecting for and the development of the mineral resources of the areas of the sea-bed and of carrying out these operations are to be determined by the Council of Ministers of the USSR.

20. The present decree shall be cancelled after a new convention on the law of the sea takes effect with respect to the USSR.

President of the Presidium of the Supreme Soviet of the USSR L. Brezhnev, Secretary of the Presidium of the Supreme Soviet of the USSR M. Georgadze, Moscow, the Krenlin.

[A comparison of the foregoing TASS text of the Sutreme Soviet decree on the Law of the Sea with the version published by iioscow IZVESTIYA in Russian on 18 April in the Morning Edition on pages one and two, the apparent text of the USSR Supreme Soviet Presidium Decree “On Temporary Measures for the Regulation of the Activities of Soviet Enterprises in Prospecting for and Developing Seabed Mineral Resources Beyond the Limits of the Continental Shelf," reveals the fcllowing variation:

[IZVESTIYA rewords Resolution No 13 to read:

[13. Im case of the prospecting for the development of the mineral resources of the areas of the sea-bed are conducted by Soviet enterprises with the par.icipation of foreign natural or legal persons, the mineral resources extracted in the seabed region and also the data and samples obtained during prospecting for these mineral resources may in accordance with a treaty between the USSR and the foreign state concerned fully or partially become the property of that state or natural and legal persons under its jurisdiction. ]

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—— ooo a - eS —— a


U.S. DEMANDING REVISION OF LOS CONVENTION LD180736 Moscow TASS in English 0730 GMT 18 Apr 82

[Text] Moscow, 18 Apr, TASS -- A heated discussion has been under way for the second month now at the UN Headquarters in New York, at the llth session of the Third UN Law of the Sea Conference, the newspaper SOTSIALISTICHESKAYA INDUSTRIYA writes today.

The draft convention on the law of the sea was prepared in eight previous years. The draft convention created an international legal foundation for long-term cooperation between all states of the world in various spheres of the use of the seas and development of the resources of the world ocean. This is a single, comprehensive code of principles and norms of contemporary law of the sea, which reflects the balance of accords between all parties to the negotiations and which gives nobody unilateral advantages and benefits.

Articles and the main provisions of the draft convention were approved at the previous sessions by all countries, including the United States.

Influenced by mining and steel making companies, the Reagan administration, which took office early last year, went back on the previous accords and unilaterally demanded a revision of the most important sections of the convention, particularly the section which regulates the norms and the rules of development of mineral resources on the sea bed .

The matter is, the article runs, American companies, in view of unreliability of raw material imports for the U.S. industry, have lately started displaying a still greater interest in the possibility cf extracting strategic raw materials from sea and ocean beds.

The U.S. attempts to have a fundamental revision of the draft convention on the law of the sea were firmly turned down by many capitalist, developing and socialist countries.

The Soviet Union advocates and will continue advocating settlement of burning problems of the legal regime of the world ocean on the international foundation and conclusion

for the purpose of a convention, which would provide for a comprehensive sett l]l/ment of problems in their mutual connection, on a fair and equitable foundation, with due account for the legitimate interests of all states.

Meanwhile, SOTSIALISTICHESKAYA INDUSTRIYA stresses, since other states unilaterally start practically developing the mineral resources of the sea bed outside the boundaries of the continental shelf, the Soviet Union is compelled to take steps to protect its interests in the sphere of surveying and developing sea bed resources.

CSO: 5200/2071




LD191906 Moscow World Service in English 1600 GMT 19 Apr 82

[Yuriy Soltan commentary on UN Law of the Sea Conference]

[Text] The purpose of the conference is to complete this year the drafting of an inter- nationel convention in utilization of the resources of the world oceans.

The draft is practically ready. Once the convention comes into force it -ill prevent over-exploitation of the riches of the oceans and guarantee every nation, without exception access to them.

The Soviet Union, as a nation washed by three oceans, has contributed much to the draft. Its attitude has been that all matters relating to utilization of the mineral resources of the seabed should be adjusted comprehensively on a fair and equal basis with regard for the legitimate interests of all countries. This position has met with the support

of most of the other participants in the conference and is central to the draft already prepared.

The previous United States administration finally accepted it too, but now the Reagan administration has withdrawn support. It seems to have made it a practice to violate international treaties and agreements without a second thought. The United States dele- gation demands a whole series of revisions that would amount to rewriting the draft already agreed. According to the New York TIMES, the United States is doing this to benefit its mining companies. The American Congress has already issued licenses to several corporations to engage in prospecting and mining in deep seawaters beyond the Continental Shelf.

The only countries that have supported the United States at the conference are Britain, Federal Germany, France and Japan. They appear to be attracted by the American idea of ensuring a small group of imperialist states a dominant position in the new economic

area of deep sea mining. The large group of developing nations a . the socialist nations oh’ ect to the efforcs of the United States and some of its allies to guarantee their corporations praccically unlimited rights to mine the seabed. But these efforts have threatened the conference with a breakdown.

The Soviet Union will continue to insist on a fair law governing deep sea mining in the form of an international convention, but in the circumstances it must protect its interests. The presidium of the USSR Supreme Soviet, or the national parliament, has therefore decreed that the government can issue licenses to Soviet enterprises foi prospecting and mining mineral resources on the seabed. These permits will not constitute a claim to sovereignty or exclusive rights over any areas of the seabed

or their resources. At the sam time, the Soviet Unio’ does not recognize claims of this kind by any other nation. The decree also says the measures it stipulates are temporary and will be cancelled when an international convention on the law of the

sea comes into force, with the Soviet Union as a signatory.

CSO: 5200/2071



USSR COMPELLED TO DEFEND SEA RESOURCE INTERESTS PM221513 Moscow SOTSIALISTICHESKAYA INDUSTRIYA in Russian 18 Apr 82 p 3 [Article by 1. Sivtsev: "Maneuvers Over the Sea Bed"]

[Text] The struggle at the llth secsion of the third UN Law of the Sea Conference has been raging for 2 months at UN Headquarters in New York. Representatives of 157 countries including the socialist countries are participating in its work.

In the previous 8 years a draft convention was prepared which established a basis in international law for long-term cooperation among all states of the world in various spheres of the use of the seas and of the exploitation of the world oceans’ resources.

This is a unified all-embracing code of the principles and norms of the present-day law of the sea reflecting a balance of accords among all participants in the talks and giving no unilateral benefits or advantages to anyone.

The draft convention, which contains over 500 articles and provisions, establishes a l2-mile zone, a regime for territorial waters and a regime for straits; sets a 200-mile exclusive economic zone; and grants littoral countries the right to prospect for and extract oil and gas at sea up to 350 miles from the coast, a right which did not pre- viously exist in the law of the sea. An international legal regime for exploiting the resources of the sea bed beyond the continental shelf was also formulated.

The draft convention's