CHAPTER 238 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT . OAG [PRINCIPAL LEGISLATION] of on Arrangement of Sections iss i rm t p e Section Title ou ithw part i ted PRELIMINARY PROVISIONS ibu str 1. Short title and application. r d i o 2. Interpretation. d uc e od part ii pre TERRITORIAL SEAe r y b 3. Territorial sea. m a 4. Internal waters. ok bo 5. Baseline of territorial sea. thi s 6. Seabed and Internal waters vested rt o i fn Government. pa . N o part iii THE EXCLUSIVE E d rCveONOMIC ZONE OF THE UNITED REPUBLIC e 7. Exclusive Econom riec s Zone. 8. Making boundigahr tsy lines of Zone on charts or maps. 9. Rights in, anll r A d jurisdiction over, Zone. 10. Exploitnaitai .on of resources. 11. Freendzo am of navigation, over flight and laying of cables, etc. a 12. T oAf pplication of certain laws. nt rnm e part iv e ov AUTHORISED OFFICERS 5 G 02 13. Authorised officers. ©2 14. Powers of authorised officers. 15. Sale of fish likely to spoil. 16. Exemption from liability. 699 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] part v OFFENCES AND MISCELLANEOUS PROVISIONS 17. General offences. 18. Return of property seized. 19. Regulations. AG. 20. Revocation. f O ion o SCHEDULE ss erm i ut p ith o w ute d rib di st or ce d u rod re p be may k oo s b thi rt o f a No p d. e erv re s ts igh All r ia. za n n Ta t o f en ern m Gov 02 5 ©2 700 CHAPTER 238 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT G. OA An Act to provide for the implementation of the Law of the Sea Convention, of on to establish the territorial sea and to establish an Exclusive Economisisc i Zone, of the United Republic adjacent to the territorial sea, and ipne r mthe exercise of the sovereign rights of the United Republic to make p ut thro visions for the exploration, exploitation, conservation and managedm wei nt of the resources of the sea and for related matters. te trib u di s[15th October, 1989] or [GN. No. 335 of 1989] Acts Nos. ce d 3 of 1989 u 17 of 2009 pro d e r e ay b k mo bo PART I s PRELI i o Mf thINARY PROVISIONS art Short title and 1. This Act maNyo p be cited as the Territorial Sea and Exclusive application Economic Zoed . rv ne Act, and shall extend to Tanzania Zanzibar. sere Interpretation 2. In thhtsi s Act, unless the context otherwise requires- “Ex ig llc rlusive Economic Zone” means the marine Zone . A nia described under section 7 of this Act; za an “Law of the Sea Convention” means the Law of the Sea T of Convention of 1982 whose relevant provisions are t en attached as a Schedule to this Act, and which provisions rnm ve this Act seek, to implement; o 5 G “a marine authorised officer” means an authorised officer 20 2 mentioned under section 13; © “Minister” means the Minister responsible for foreign affairs. 701 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] PART II TERRITORIAL SEA Territorial sea 3.–(1) There is established a marine Zone to be known as the . Act No. 17 of 2009 s. 16 territorial sea. AG O (2) The breadth of the territorial sea of the United of o n Republic shall comprise of those areas of the sea extendinissg i up to 12 nautical miles measured from the coastal base lienrmp e as determined under section 5 of this Act. ou t ith d w Internal waters 4. The internal waters of the United Republic incltue de any areas ibu of the sea that are on the landward side of tdhis ter baseline of the territorial sea of the United Republic. or d e uc Baseline of 5. The baseline from which the breapdrot dh of the territorial sea of territorial sea Act No. the United Republic is measuredb es rheall be the low-water line or 17 of 2009 s. 17 straight base-lines where themrea yare- (a) bays or deltas; or oo k (b) fringe of islandts b hi so r reefs, along the coast of th f rt oe United Republic including the coast of all islands, as moa rp aked on a large-scale chart or map officially recognised bey . tNd he Government of the United Republic. erv Seabed and 6. The s ree sabed and subsoil of submarine areas bounded on Internal waters hts vested in the lraignd-ward side by the low-water mark along the coast of Government Ta ll . Anzania and on the seaward side by the outer limits of the n a za tierritorial sea of the United Republic shall be deemed to be and n of Ta always to have been vested in the Government of the United nt Republic. e rnm ve 5 G o 20 2 © 702 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] PART III THE EXCLUSIVE ECONOMIC ZONE OF THE UNITED REPUBLIC G. Exclusive 7.–(1) There is established contiguous to the territorial waters, A Economic Zone f O a marine Zone to be known as the Exclusive Economic Zone. o ion (2) Subject to subsection (3), the Exclusive Economic Zmoinsse shall not extend beyond 200 nautical miles from the ba pset erline from which the breadth of the territorial water is meitahsou u red. (3) Notwithstanding subsection (1), where the dm we edian line as defined by subsection (4) between the Unite t ribd u Republic and any adjacent or opposite state is less than r2 d0 is0t miles from the baseline of the territorial waters, the ouetde or boundary limit of the Zone shall be that fixed by agreem c od uent between the United Republic and that other state, b rue ptr where there is no such agreement, the outer boundaryy lbi emit shall be the median line. (4) The median line is maak line every point of which is equidistant from the ne o s ba orest points of the baseline of the territorial waters, on i f ththe one hand, and the corresponding baseline of the teprar rti toorial waters of any adjacent or opposite state as recogn o .i Nsed by the Minister, on the other hand. ve d Making boundary 8.–(1) Thees eM r inister shall cause the boundary lines of the Zone lines of Zone on charts or maps to be mtsa rh rked on a sealed map or chart, and that map or chart shall lr i gbe judicially noticed. . A nia (2) The Director of Land Surveying in the Ministry a an z responsible for lands, shall keep safe custody of the map or chart of T referred to in subsection (1), and anybody may, at reasonable nt me time inspect that map or chart, or purchase a certified copy ve rn thereof. Go 25 ©20 703 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Rights in, and 9. There is vested in the Government of the United Republic- jurisdiction over, Zone (a) sovereign rights for the purpose of, exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters . superjacent to the seabed and its subsoil, and with G OA regard to other activities for the economic exploitation of n and exploration of the Zone, such as the production io isosf energy from the water, currents and winds. rm pe (b) jurisdiction with regard to- t ou (i) the establishment and use of artific iwai tlh islands, d installations and structure; uteb (ii) marine scientific research; and tri dis (iii) the protection and preservda ot ri on of the marine environment; and e du c (c) other rights in and jureips rdoiction over, the Zone recognised under intern abeti ronal law. aym Exploitation of 10.–(1) Subject to this Act k o,o a person shall not, within the Zone, resources except under or in achc b iso rdance with an agreement with the t government of the U rt on f ited Republic- (a) explore oor p e axploit any resources thereof; (b) carry od.u Nt any search or excavation; (c) con rve seduct any research; (d) tsd rr eill in or construct, maintain or operate any structure ighl r or device; or Al ia. (e) carry out any economic activity. n za (2) This section shall not apply to fishing by a citizen of the an f T United Republic in or from a vessel registered in the United nt o Republic. me ern (3) A person who contravenes the provisions of this section, Gov commits an offence and on conviction, shall be liable to a fine 02 5 of not less than two hundred and fifty thousand United States ©2 dollars or to imprisonment for a term not exceeding five years, or to both and in addition, the court may order the forfeiture of any vessel, structure, equipment, device or thing in connection with which the offence was committed. 704 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Freedom of 11. The United Republic shall recognise within its Exclusive navigation, over flight and laying Economic Zone the right of other States, whether coastal or of cables, etc land locked, to freedom of navigation and over flight, the laying of cables and pipelines and other uses of the sea relating to . navigation and communication, such as are recognised under G OA international or embodied in a bilateral agreement. n o f ss io Application of 12.–(1) Any law relating to fisheries, national environmmeir nt certain laws e management, merchant shipping, petroleum and minin p ou tg shall apply in relation to the exploration of natural resourcieth w s and the question of marine pollution in the territorial uaten dd Exclusive Economic Zone. tribis (2) The Minister may, where it is des iorra dble so to do, and with the consultation with the appropr d uciaete authority and with the approval of Parliament, extenpdro dthe application of any legislation to the territorial and bEex reclusive Economic Zone. (3) Where the applicatio mna yof any law is extended to the territorial and Exclusive ooE kconomic Zone, Parliament may, where necessary, repehails band re-enact that law, amend it, or t make such modifica toif rt ons in that law such as are necessary to make that law con psao istent with its application thereto. (4) For thed p. Nurposes of this section, “appropriate authority” in relationse rt voe a law whose application has been extended to the terrtsi tr eorial waters or Exclusive Economic Zone, means the Minl irisgt her responsible for the administration of that law. . A l an ia z PART IV Tan f AUTHORISED OFFICERS nt o me Auetrhnorised 13. For the purposes of this Act, the following persons are v G officers designated authorised officers- 25 20 (a) fisheries officers of the Government Ministries © responsible for fisheries; (b) members of the Defence Forces; (c) members of the Police Force; (d) officers of the Customs and Sales Tax Department; 705 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] (e) Kikosi cha Kuzuia Magendo, otherwise commonly known as “KMKM”; and (f) any other person approved by the Minister. Powers of 14.–(1) An authorised officer may, in performing his duties, . authorised AG officers exercise all the powers conferred on him by this Act in respect of O Act No. of- ions 17 of 2009 s.18 s (a) a Government vessel or structure that is at sea orm ier in port; or p ou t (b) a foreign vessel or foreign structure that he rie th w asonably suspects of being used in connection wtietdu h fishing or any other activity carried on in contisrtar ibvention of this Act or regulations made under thi so rA dct. (2) In the performance of his dutie ed usc under this section, an authorised officer may- pro d (a) reasonably call on any peres rb oe n to assist him; (b) use such force as is re y maasonably necessary; (c) require any personk oo to do anything that appears reasonably nece b hsissary for the purpose of facilitating the t performance of rt f those duties; (d) order thaot pa any vessel or structure be stopped; (e) board da. n Ny vessel; (f) seasrerc vhe or examine any vessel or structure or any fish se rt qeuipment or thing on board thereof; or (lg h ri)g require any person on board a vessel or structure to Al ia. produce any document or thing relating to that vessel anz or structure or the persons on board thereof. an f T (3) An authorised officer who has reasonable grounds to t o en suspect that an offence has been committed under this Act or rnme the regulations by any person, including any person on board ov G a vessel or structure, may, without warrant or other process- 250 (a) seize the vessel or structure together with any fish, ©2 fishing gear or other equipment suspected of being used in the commission of the offence; or (b) detain the person he suspects. 706 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] (4) Where a vessel, structure or thing is seized or a person is detained under subsection (3), an authorised officer shall, where possible, take the vessel, structure, thing or person as soon as practicable to the nearest port and within a reasonable . time, cause the person detained to be brought before the High AG Court to answer a charge in connection with the offence that of O n gave rise to the seizure and detention. iss io (5) A court may order that any vessel, structure, fishinge grmp ear or other equipment, device or thing seized under sub t ousection (3), be forfeited where the owner thereof is unknowith n and no d claim thereto is made within one month of theb us teeizure under that subsection. ist ri r d d o Sale of fish likely 15.–(1) An authorised officer may, to acveoid spoilage or decay to spoil u of any fish he seizes under sectionr o1dp 4, sell that fish in such manner as a fisheries officer of et b hree Ministry responsible for fisheries directs. y ma (2) All moneys resultoion k g from such sale of fish under subsection (1) shall be hpisa bid into the Consolidated Fund. t (3) An authorisert do f officer who makes a sale of fish under subsection (1) s a oh pall give to the person from whom he seizes the fish a recedi.p Nt containing- (a) the drvaese te of the sale; (b) tst hr ee quantity of fish; and (lc ri)g h the amount realised by the sale, and the receipt shall be Al ia. signed by the officer. n za (4) Where a court dismisses a charge against a person n f T a brought before it under section 14, it shall, in any case where nt o e the fish in the possession of that person was sold, order m ern compensation not exceeding the net amount realised by the Gov sale to be paid to that person. 02 5 (5) Compensation payable under subsection (4) shall be ©2 charged on and paid out of Consolidated Fund. Exemption from 16. Liability shall not attach to the United Republic or an liability. authorised officer in respect of acts done by that officer in good faith in the performance of his duties under this Act. 707 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] PART V OFFENCES AND MISCELLANEOUS PROVISIONS General offences 17.–(1) A person who- . Act No. 17 of 2009 s. 19 (a) assaults, resists, obstructs or intimidates an authorised OAG officer or any person, assisting him in the execution ofo n of his duty; iss i (b) uses indecent, abusive or insulting language rm pteo an t authorised officer in the execution of his dutyth;o u (c) interferes with or hinders an authorised odffi i wcer in the execution of his duty; ibu te r (d) by any gratuity, bribe, promise or o st or dti her inducement, prevents an authorised officer ferdo m carrying out his duty; uc od (e) without the authority of raen pr authorised officer, parts with any articles seized u bney der section 14; and (f) contravenes any prok vmiasion of this Act for which no penalty is providedoo b for this Act or regulations, commits an offence an is f thd on conviction, shall be liable to a fine not less than one ahrut ondred thousand United States dollars or to imprisonme p Nnot for a term not exceeding two years, or to both, in addidt.rve ion, the court may order the forfeiture of any vessel, st e rersucture, equipment, device or thing in connection with ts gwhhich the offence was committed. (ll2 riA ) Unless the Director of Public Prosecutions directs noia t.herwise, offences under this Act shall be tried by the High za an Court. f T nt o e rnm ov e 25 G 20© 708 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Return of 18. Subject to the provision of section 15, a court may order property seized that property seized under subsection (3) of section 14 be returned to the person from whom it was taken or to a person named by that person where- . (a) the court dismisses a charge brought against that OAG person under this Act or the regulations, and it is of the n o f opinion that, the property can be returned consistentislsy io with the interest of justice; or rm (b) a charge has not been brought against any upt pe o erson within a reasonable time after a seizurew it hhas been d effected under subsection (3) of sectionb 1u t4e. i ist r Regulations 19. The Minister may make regulations geonr d erally for carrying into effect the provisions of this A e ucctd, and in particular respecting to- d pro (a) any activity relating to th e be e r exploration or exploitation of the Zone; y ma (b) any activity relatinoog k to the economic exploration or exploitation of t b hhise Zone; t (c) the authorisrta ot fi on, control and regulation of scientific research oin p a the Zone; (d) the saf N de. ty and protection of structures or devices in the Zosnere ve; (e) tst hr ee preservation of the marine environment of the l ri gh United Republic and the prevention and control of Al ia. pollution thereto; za n (f) the regulation of the conduct of any person in or upon an f T the Zone; and t o en (g) the conservation measures to protect the living m ern resources of the sea. Gov 5 02 Revocation 20. [Revokes GN. No. 209 of 1973]. ©2 709 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] SCHEDULE TERRITORIAL SEA AND CONTIGUOUS ZONE (Made under section 2) G. SECTION 1 f O A GENERAL PROVISIONS ion o miss Article 2 pe r ut Legal status of the Territorial Sea, of the air space itohv oer the Territorial Sea and of its bed and subds woil 1. The sovereignty of a coastal State extends beyond its ilaun te b d territory and internal waters and, in the case of an archipelagic Sitsat rte, its archipelagic waters, to an adjacent belt of sea, described as th oer dterritorial sea. 2. This sovereignty extends to the air space oedc ver the territorial sea as well as to its bed and subsoil. od u 3. The sovereignty over the territorialr espe ra is exercised subject to this Convention and to other rules of inteer b national law. may SE ooCk TION 2 b LIMITS Of thF is THE TERRITORIAL SEA art o o p Article 3 d. N e Breadth of the territorial sea Every State ehrvas the right to establish the breadth of its territorial sea up to a limres it not exceeding 12 nautical miles, measured from baseline determighi tnsed in accordance with this Convention. ll r ia. A Article 4 n za Outer limit of the territorial sea n Ta The outer limit of the territorial sea is the line every point of which is t o f at a distance from the nearest point of the baseline equal to the breadth n me of the territorial sea. ern ov Article 5 25 G Normal baseline 0 ©2 Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large scale charts officially recognised by the coastal State. 710 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Article 6 Reefs In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol G. on charts officially recognised by the coastal State. f O A o Article 7 sio n Straight baselines is rm 1. In localities where the coastline is deeply indented and cut intt po e, or if there is a fringe of islands along the coast in its immediate vthicoi unity, the method of straight baseline joining appropriate points may wb ie employed in drawing the baseline from which the breadth of theu tee drritorial sea is measured. trib 2. Where because of the presence of a delta and otrh de isr natural conditions the coastline is highly unstable, the appropriaetde opoints may be selected along the furthest seaward extent of the lowd-uw cater line, notwithstanding subsequent regression of the low-water plirnoe, the straight baseline shall remain effective until changed by thee cr eoastal State in accordance with this Convention. b ay 3. The drawing of straight basekli nme must not depart to any appreciable extent from the general direbcot oion of the coast, and the sea areas lying within the lines must be s t hsi ufficiently close to the land domain to be subject to the regime ofo if nternal waters. 4. Straight baseline rt sphaall not be drawn to and from low-tide elevations, unless lighthouse Ns oor similar installations which are permanently above sea level havev e db.een built on them or except in instances where the drawing of bers aseline to and from such elevations has received general internattiso rneal recognition. 5. Whrige hre the method of straight baseline is applicable under paragraph 1, all A ccount maybe taken, in determining particular baseline, of eiac.n onomic interests peculiar to the region concerned, the reality and the nz a importance of which are clearly evidenced by long usage. f T a 6. The system of straight baseline may not be applied by a State in such nt o a manner as to cut off the territorial sea of another State from the high me seas or an Exclusive Economic Zone. ern ov Article 8 G 02 5 Internal waters ©2 1. Except as provided in Part IV, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. 711 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] 2. Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters. G. Article 9 OA of Mouths of rivers ion If a river flows directly into the sea, the baseline shall be a straight liinssm e across the mouth of the river between points on the low-water plien re of its banks. ut tho Article 10 wi ted Bays u 1. This article relates only to bays the coasts of whicisht rib d belong to a single State. or 2. For the purposes of this Convention,u c ead bay is a well-marked indentation whose penetration is in suchro dproportion to the width of its mouth as to contain land-locked wreap ter sand constitute more than a mere curvature of the coast. Any ibn edentation shall not, however, be regarded as a bay unless its are am ais as large as, or larger than, that of the semicircle whose diametero iks a line drawn across the mouth of that indentation. o is b 3. For the purpose of mfe tahsurement, the area of an indentation is that lying between the low o ar-twater mark around the shore of the indentation and a line joining ot phe low-water mark of its natural entrance points. Where, becaused .o Nf the presence of an island, an indentation has more than one moeurvteh, the semicircle shall be drawn on a line as long as the sum total roe sf the lengths of the lines across the different mouths. Islands within hatns indentation shall be included as if they were part of the water area origll f the indentation. 4a.. AIf the distance between the low-water marks of the natural entrance anp i oints of a bay does not exceed 24 nautical miles, a straight baseline of z an 24 nautical miles, a closing line maybe drawn between these two low- of T water marks, and the waters enclosed thereby shall be considered as nte internal waters. rnm 5. Where the distance between the low-water marks of the natural e ov entrance points of abay exceeds 24 nautical miles, a straight baseline of 5 G2 24 nautical miles shall be drawn within the bay in such a manner as to 20 enclose the maximum area of water that is possible with a line of that © length. 6. The foregoing provisions do not apply to so-called “historic” bays, or in any case where the system of straight baseline provided for in article 7 is applied. 712 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Article 11 Ports For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system are regarded as forming part of the coast. Off-shore installations G. and artificial islands shall not be considered as permanent harbor A O works. f n o Article 12 iss io rm Roadsteads e t p Roadsteads which are normally used for the loading, unloaoduh ing and anchoring of ships, and which would otherwise be situat ewd it wholly or partly outside the outer limit of the territorial sea, areu iten dcluded in the territorial sea. ib dis tr Article 13 or ed Low-tide elevatdiuo cns 1. A low-tide elevation is a naturally fporormed area of land which is surrounded by and above water at lowe rt eide but submerged at high tide. Where a low-tide elevation is situaatye db wholly or partly at a distance not exceeding the breadth of the tek rmritorial sea from the mainland or an island, the low-water line on b toh oat elevation may be used as the baseline for measuring the breadthth io sf the territorial sea. 2. Where a low-tide elevofa t tion is wholly situated at a distance exceeding the breadth of the terarrp itorial sea from the mainland or an island, it has no territorial sea No of its own. ed . rv Article 14 e re s Combination of methods for determining baseline The coigahst s r tal State may determine baseline in turn by any of the methods pr oAvll ided for in the foregoing articles to suit different conditions. nia . a Article 15 an z f T Delimitation of the territorial sea between States nt o with opposite or adjacent coasts me Where the coasts of two States are opposite or adjacent to each other, ernv neither of the two States is entitled, failing agreement between them to o G the contrary, to extend its territorial sea beyond the median line every 5 02 point of which is equidistant from the nearest points on the baseline ©2 from which the breadth of the territorial seas of each of the two states is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith. 713 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Article 16 Charts and lists of geographical co-ordinates 1. The baseline for measuring the breadth of the territorial sea determined in accordance with articles 7,9 and 10 or the limits derived there from, and the lines of delimitation drawn in accordance with G. articles 12 and 15 shall be shown on charts of a scale or scales adequate O A for ascertaining their position. Alternatively, a list of geographical co- n o f ordinates of points, specifying the geodetic datum, may be substituteds.io 2. The coastal State shall give due publicity to such charts of or lisrt s msi of geographical co-ordinates and shall deposit a copy of each such c e t hp art or list with the Secretary-General of the United Nations. tho u wi d SECTION 3 ute trib INNOCENT PASSAGE IN THE TERRIr Td iOs RIAL SEA ed o SUBSECTIONu od cA r RULES APPLICABLeE r eTpO ALL SHIPS y b mA article 17 k Rig o bhot of innocent passage Subject to this Conventio i f tnh ,s ships of all states, whether coastal or land- locked, enjoy the rightrt of innocent passage through the territorial sea. a No p Article 18 d. rve Meaning of passage 1. Passage ems eeans navigation through the territorial sea for the purpose of- r ts rig( ha) traversing that sea without entering waters or calling at a ll . A roadstead or port facility outside internal waters; or nia (b) proceeding to or from internal waters or a call at such za an roadstead or port facility. f T 2. Passage shall be continuous and expeditious. However, passage o nt includes stopping and anchoring, but only in so far as the same are nm e incidental to ordinary navigation or are rendered necessary by force r ov e majeure or distress or for the purpose of rendering assistance to persons, 5 G ships or aircraft in danger of distress. 02 ©2 Article 19 Meaning of innocent passage 1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law. 714 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] 2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities- (a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, . or in any other manner in violation of the principles of AG international law embodied in the Charter of the United O of Nations; n io (b) any exercise or practice with weapons of any kind; iss (c) any act aimed at collecting information to the prejudpeic rme of the defence or security of the coastal State; ut o (d) any act of propaganda aimed at affecting the itdhefence or security of the coastal State; d we (e) the launching, landing or taking on board u roibf tany aircraft; (f) the launching, landing or taking on b doi satrd of any military device; or (g) the loading or unloading of anyu d cecommodity, currency or person contrary to the custoromd s, fiscal, immigration or sanitary laws and regulation rse o p f the coastal State; (h) any act of wilful and s ebreious pollution contrary to this Convention; y ma (i) any fishing activities;k o (j) the carrying out o bf ois research or survey activities; (k) any act aimf ethd at interfering with any systems of communicart ioa on or any other facilities or installations of the coastal Sot pate; or (l) any odt.h Ner activity not having a direct connection on passage. rve se Article 20 ts re h Submarines and other underwater vehicles In t ig lhl re territorial sea, submarines and other underwater vehicles are rae.q Auired to navigate on the surface and to show their flag. ni nz a Article 21 a of T Laws and regulations of the coastal State en t relating to innocent passage rnm 1. The coastal State may adopt laws and regulations, in conformity with veo the provisions of this Convention and other rules of international law, 5 G2 relating to innocent passage through the territorial sea, in respect of all 20 or any of the following- © (a) the safety of navigation and the regulation of maritime traffic; (b) the protection of navigational aids and facilities and other facilities or installation; (c) the protection of cables and pipelines; (d) the conservation of the living resources of the sea; 715 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] (e) the prevention of infringement of the fisheries law and regulations of the coastal State; (f) the preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof; (g) marine scientific research and hydrographic surveys; and . (h) the prevention of infringement of the customs, fiscal, AG immigration or sanitary laws and regulations of the coastal O of State. ion 2. Such laws and regulations shall not apply to the design, constructiiossn or manning of equipment of foreign ships unless they are givingp ee rffmect to generally accepted international rules or standards. ut o 3. The coastal State shall give due publicity to all suchitw h laws and regulations. ed 4. Foreign ships exercising the right of innocent passuatib ge through the territorial sea shall comply with all such laws anddi sr tregulations and all generally accepted international regulations rel aotr ing to the prevention of collisions at sea. ed du c Article 2r2o e r ep Sea lanes and traffic separat 1. The coastal State may, where naey i obn schemes in the territorial sea m cessary having regard to the safety of navigation, require foreignoo ks hips exercising the right of innocent passage through its territoisr bial sea to use such sea lanes and traffic separation schemes as itf mth ay designate or prescribe for the regulation of the passage of ship o 2. In particular, ta npa sr.t o kers, nuclear-powered ships and ships carrying nuclear or oth N de. r inherently dangerous or noxious substances or materials mayrv ebe required to confine their passage to such sea lanes. 3. In the d rees siegnation of sea lanes and the prescription of traffic separation schemehsts under this article, the coastal State shall take into account- g ll r i (a) the recommendations of the competent international . Aa organisation; an i (b) any channels customarily used for international navigation; an z (c) the special characteristics of particular ships and channels; f T and t o en (d) the density of traffic. rnm 4. The coastal State shall clearly indicate such sea lanes and traffic ov e separation scheme son charts to which due publicity shall be given. 25 G 0 ©2 716 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Article 23 Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the G. right of innocent passage through the territorial sea, carry documents OA and observe special precautionary measures established for such ships n o f by international agreements. iss io Article 24 erm t p Duties of the coastal State u ho 1. The coastal State shall not hamper the innocent passad gwe it of foreign ships through the territorial sea except in accorduatence with this Convention. In particular, in the application of thist riCb onvention or of any laws or regulations adopted in conformity w diit s r h this Convention, the coastal State shall not- d o (a) impose requirements on foreigunc e d ships which have the practical effect of denying or ipmropairing the right of innocent passage; or e r e (b) discriminate in form or fya ba ct against the ships of any State or against ships carryinkg m cargoes to, from or on behalf of any State. bo o 2. The coastal State shall s t hgi ive appropriate publicity to any danger to navigation, of which it hoft a s knowledge, within its territorial sea. ar o p Article 25 N ed . v Rights of protection of the coastal State 1. The coas r steal State may take the necessary steps in its territorial sea to prevent tp e s ar ssage which is not innocent. 2. In ritgh he case of ships proceeding to internal waters or a call at a port fac Ail li ty outside internal waters, the coastal State also has the right to take ntiah .e necessary steps to prevent any breach of the conditions to which a nz admission of those ships to internal waters or such a call is subject. a f T 3. The coastal State may, without discrimination in form or in fact nt o among foreign ships, suspend temporarily in specified areas of its me territorial sea the innocent passage of foreign ships if such suspension is ernv essential for the protection of its security, including weapons exercises. o G Such suspension shall take effect only after having been duly published. 02 5 ©2 717 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Article 26 Charges which may be levied upon foreign ships 1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea. 2. Charges may be levied upon a foreign ship passing through the AG. territorial sea as payment only for specific services rendered to the ship. O These charges shall be levied without discrimination. of ion iss SUBSECTION B erm t p RULES APPLICABLE TO MERCHANT ho u SHIPS AND GOVERNMENT SHIPS it ed w OPERATED FOR COMMERCIAL PUR t riPb uOSES t dis Article 27 d o r e Criminal jurisdiction on boarudcd a foreign ship 1. The criminal jurisdiction of the coastaplr oState should not be exercised on board foreign ship passing througeh r ethe territorial sea to arrest any person or to conduct any investigaayt bion in connection with any crime committed on board the shipk mduring its passage, save only in the following cases- o bo (a) if the consequenics th es of the crime extend to the coastal State; (b) if the crime ti so fo f a kind to disturb the peace of the country or the good r poarder of the territorial sea; (c) if the a sNsoistance of the local authorities has been requested by thev em d.aster of the ship or by a diplomatic agent or consular osffie rcer of the flag State; or (d re ts) if such measures are necessary for the suppression of illicit h rig traffic in narcotic drugs or psychotropic substances. 2. ll AThe above provisions do not affect the right of the coastal State to ntia .ke any steps authorised by its laws for the purpose of an arrest or nz a investigation on board a foreign ship passing through the territorial sea f T a after leaving internal waters. nt o 3. In the cases provided for in paragraphs 1 and 2, the coastal State shall, me if the master so requests, notify a diplomatic agent or consular officer ernv of the flag State before taking any steps, and shall facilitate contact Go between such agent or officer and the ship’s crew. In cases of emergency 250 this notification may be communicated while the measures are being ©2 taken. 4. In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to the interests of navigation. 718 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] 5. Except as provided in Part XII or with respect to violations of laws and regulations adopted in accordance with Part V, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if . the ship, proceeding from a foreign port, is only passing through the AG territorial sea without entering internal waters. O n o f Article 28 siois Civil jurisdiction in relation to foreign ships rm pe 1. The coastal State should not stop or divert a foreign shipou tp assing through the territorial sea for the purpose of exercising civilw jiut hrisdiction in relation to a person on board the ship. ed 2. The coastal State may not levy execution against or ut r iabrrest the ship for the purpose of any civil proceedings, save only in rdeiss tpect of obligations or liabilities assumed or incurred by the ship idts oe rl f in the course or for the purpose of its voyage through the watersu co ef the coastal State. 3. Paragraph 2 is without prejudice to threo dright of the coastal State, in accordance with its laws, to levy execu rtei pon against or to arrest, for the purpose of any civil proceedings, a e y fboreign ship lying in the territorial sea, or passing through the territ moraial sea after leaving internal waters. ok SUsB b o thi SECTION C f RULES A aPrt P o LICABLE TO WARSHIPS AND Oo Tp HER GOVERNMENT SHIPS N OPERAeTd . v ED FOR NON-COMMERCIAL PURPOSES er s r es t Article 29 l ri gh l Definition of warships F A ao. r the purposes of this Convention, “warship” means a ship belonging ntia o the armed forces of a State bearing the external marks distinguishing nza such ships of its nationality, under the command of an officer duly f T o commissioned by the Government of the State and whose name appears t en in the appropriate service list or its equivalent, and manned by a crew rnm which is under regular armed forces discipline. e Gov Article 30 02 5 2 Non-compliance by warships with the laws and © regulations of the coastal State If any warship does not comply with the laws and regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance therewith which is made to it, the coastal State may require it to leave the territorial sea immediately. 719 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Article 31 Responsibility of the flag State for damage caused by a warship or other Government ship operated for non-commercial purposes The flag State shall bear international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a G. warship or other government ship operated for non-commercial OA purposes with the laws and regulations of the coastal State concerning n o f passage through the territorial sea or with the provisions of thissio Convention or other rules of international law. s erm i p Article 32 ut tho Immunities of warships and other governmentd s wh iips operated for non-commercial Purpuotsees With such exceptions as are contained in subsection Atrib and in articles 30 and 31, nothing in this Convention affects the immdisr unities of warships and other government ships operated for non-dc oommercial purposes. uc e od SECTIONpr re 4 CONTIGUyO b e a US ZONE k m bo o Article 33 s f th i Contiguous Zone 1. In a Zone contiguourts o to its territorial sea, described as the contiguous Zone, the coastal S a Not apte may exercise the control necessary to- (a) prevedn. t infringement of its customs, fiscal, immigration or sanrvietary laws and regulations within its territory or territorial resse ea; (hbts) punish infringement of the above laws and regulations ll r ig committed within its territory or territorial sea. 2a.. Th A e contiguous Zone may not extend beyond 24 nautical miles from i anthe baseline from which the breadth of the territorial sea is measured. z an of T nt PART V e rnm EXCLUSIVE ECONOMIC ZONE e Gov 5 Article 55 02 ©2 Specific legal regime of the Exclusive Economic Zone The Exclusive Economic Zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. 720 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Article 56 Rights, jurisdiction and duties of the coastal State in the Exclusive Economic Zone 1. In the Exclusive Economic Zone, the coastal State has- (a) sovereign rights for the purpose of exploring and exploiting, G. conserving and managing the natural resources, whether A O living or non-living, of the waters superjacent to the seabed n o f and of the seabed and its subsoil, and with regard to othesrio activities for the economic exploitation and exploratio is rmn of the Zone, such as the production of energy from thet p w e ater, currents and winds; u ho (b) jurisdiction as provided for in the relevant prov iws iitons of this Convention with regard to- ute d (i) the establishment and use of traibrtificial islands, installations and structures; disr (ii) marine scientific research; and d o (iii) the protection and presde e urcvation of the marine environment; and pro (c) other rights and duties proev ird eed for in this Convention. 2. In exercising its rights and ayp berforming its duties under this Convention in the Exclusive Ekc monomic Zone, the coastal State shall have due regard to the rights baon od duties of other States and shall act in a manner compatible with thhise provisions of this Convention. 3. The rights set out in o f tthis articles with respect to sea bed shall be exercised in accorda pnac rte with Part VI. No d. Article 57 rve se Breadth of the Exclusive Economic Zone The Exctslu resive Economic Zone shall not extend beyond 200 nautical miles igfrhr om the baseline from which the breadth of the territorial sea is m . eAallsured. an ia Article 58 nz f T a Rights and duties of other States in Exclusive Economic Zone o nt 1. In the Exclusive Economic Zone, all States, whether coastal or land- me locked, enjoy, subject to the relevant provisions of this Convention, the ernv freedoms referred to in article 87of navigation and over flight and of o G the laying of submarine cables and pipelines, and other internationally 250 lawful uses of the sea related to these freedoms, such as those associated ©2 with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention. 2. Articles 88 to 115 and other pertinent rules of international law apply to the Exclusive Economic Zone in so far as they are not incompatible with this Part. 721 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] 3. In exercising their rights and performing their duties under this Convention in the Exclusive Economic Zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provision of this Convention and other rules of international law in . so far as they are not incompatible with this Part. G O A Article 59 n o f io Basis for the resolution of conflicts regarding the attribution of iss rights and jurisdiction in the Exclusive Economic Zonpe rm In cases where this Convention does not attribute rights or juroius td iction to the coastal State or to other States within the Exclusivei thEconomic Zone, and a conflict arises between the interests of thed e cwoastal State and any other State or States, the conflict should beib ur tesolved on the basis of equity and in the light of all the relevant ciirsct r d umstances taking into account the respective importance of the in otre rests involved to the parties as well as to the international commuucn eidty as a whole. d Article 6pr0o re Artificial islands, insy tba ellations and structures in the Exmcla usive Economic Zone 1. In the Exclusive Economoiko c Zone, the coastal State shall have the exclusive right to coniss btruct and to authorise and regulate the construction, operation fa tnhd use of- (a) artificial islartn ods; (b) installatio pnao s and structures for the purposes provided for in articlde. N56 and other economic purposes; (c) inesrtva ellations and structures which may interfere with the rees xercise of the rights of the coastal State in the Zone. 2. The hctosastal State shall have exclusive jurisdiction over such artificial islan g ll dr is, installations and structures, including jurisdiction with regard tao. Acustoms, fiscal, health, safety and immigration laws and regulations. an3 i . Due notice must be given of the construction of such artificial islands, z an installations or structures, and permanent means for giving warning T of of their presence must be maintained. Any installations or structures t en which are abandoned or disused shall be removed to ensure safety of rnm navigation, taking into account any generally accepted international e ov standards established in this regard by the competent international 5 G2 organisation. Such removal shall also have due regard to fishing, the 20 protection of the marine environment and the rights and duties of other © States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed. 4. The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures. 722 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] 5. The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards, such zones shall be designed to ensure that they are reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around them, measured from each point . of their outer edge, except as authorised by generally accepted international AG standards or as recommended by the competent international organisation. f Oo Due notice shall be given of the extent of safety zones. n io 6. All ships must respect these safety Zones and shall comply wistsh generally accepted international standards regarding navigationp ien rm the vicinity of artificial island, installations, structures and safety zuoto n es. 7. Artificial islands, installations and structures and the saitfhety Zones around them may not be established where interference md we ay be caused to the use of recognised sea lanes essential to internartiibo unt al navigation. 8. Artificial islands, installations and structures do dni sott possess the status of islands. They have no territorial sea of their o owr n, and their presence does not affect the delimitation of the ter d urci etorial sea, the Exclusive Economic Zone or the continental shelf. pro d Articel er e 61 b Conservationm oa yf the living resources 1. The coastal State shall detoeor km ine the allowable catch of the living resources in its Exclusive Eics o bnomic Zone. 2. The coastal State, takf itnh g into account the best scientific evidence available to it, shall ensaurt roe through proper conservation and management measures that the om paintenance of the living resources in the Exclusive Economic Zoned .i s N not endangered by over-exploitation. As appropriate, the coastal Srtvaee te and competent international organisations, whether subregion raels, regional or global, shall co-operate to this end. 3. Suchht s measures shall also be designed to maintain or restore poplul rl igations of harvested species at levels which can produce the ma. a Aximum sustainable yield, as qualified by relevant environmental ana i nd economic factors, including the economic needs of coastal fishing an z communities and the special requirements of developing States, and of T taking into account fishing patterns, the interdependence of stocks t en and any generally recommended international minimum standards rnm whether sub regional, regional or global. veo 4. In taking such measures the coastal State shall take into consideration 5 G2 the effects on species associated with or dependent upon harvested 20 species with a view to maintaining or restoring populations of such © associated or dependent species above levels at which their reproduction may become seriously threatened. 723 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] 5. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organisations, whether subregional, regional or global, where appropriate and with participation by all States concerned, . including States whose nationals are allowed to fish in the Exclusive AG Economic Zone. O n o f Article 62 io iss Utilisation of the living resources rm pe 1. The coastal State shall promote the objective of optimum util t oiusa tion of the living resources in the Exclusive Economic Zone withouitth prejudice to article 61. d we 2. The coastal State shall determine its capacity to hibaurt vest the living resources of the Exclusive Economic Zone. Whe r dir set the coastal State does not have the capacity to harvest the entired a ol rlowable catch, it shall, through agreements or other arrangements uacn ed pursuant to the terms, conditions, laws and regulations referredr otdo in paragraph 4, give other States access to the surplus of the allorewp able catch, having particular regard to the provisions of articlesy 6 b9 e and 70, especially in relation to the developing States mentionedm thaerein. 3. In giving access to othero oS kt ates to its Exclusive Economic Zone under this article, the coasista bl State shall take into account all relevant factors, including, inter af tlhia, the significance of the living resources of the area to the econormt oy of the coastal State concerned and its other national interests, toh pe a provisions of articles 69 and 70, the requirements of developing S N dt.a tes in the sub region or region in harvesting part of the surplus e earnvd the need to minimize economic dislocation in States whose natrieosnals have habitually fished in the Zone or which have made substanhtsia l efforts in research and identification of stocks. 4. Na rtigll ionals of other States fishing in the Exclusive Economic Zone shall cao. m A ply with the conservation measures and with the other terms and anc i onditions established in the laws and regulations of the coastal State. an z These laws and regulations shall be consistent with this Convention and T of may relate, inter alia, to the following- nte (a) licensing of fishermen, fishing vessels and equipment, rnm including payment of fees and other forms of remuneration, ov e which, in the case of developing coastal States, may consist of 5 G2 adequate compensation in the field of financing, equipment 20 and technology relating to the fishing industry; © (b) determining the species which may be caught, and fixing quotas of catch, whether in relation to particular stocks or groups of stocks or catch per vessel over a period of time or the catch by nationals of any state during a specified period; 724 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] (c) regulating seasons and areas of fishing, the types, sizes and amount of gear, and the types, sizes and number of fishing vessels that may be used; (d) fixing the age and size of fish and other species that may be caught; . (e) specifying information required of fishing vessels, including AG catch and effect statistics and vessel position reports; of O (f) requiring, under the authorisation and control of the coastail o n State, the conduct of specified fisheries research programmisess and regulating the conduct of such research, includi rm pneg the sampling of catches, disposition of samples and rep t oourting of associated scientific data; ith (g) the placing of observers or trainees on boardt esdu wch vessels by the coastal State; ibu (h) the landing of all or any part of the catdcihs t rby such vessels in the ports of the coastal State; or (i) terms and conditions relating to jcoei dnt ventures or other co- operative arrangements; du (j) requirements for the traininrgep ro of personnel and the transfer of fisheries technology inyc bl euding enhancement of the coastal State’s capability of un dmeartaking fisheries research; and (k) enforcement procedoukres. 5. Coastal States shall give dsu be o i notice of conservation and management laws and regulations. f th o pa rt Article 63 Stocks . oN o d ccurring within the Exclusive Economic Zones of rtvwee o or more coastal States or both within the Exclusive re s Economic Zone and in an area beyond and adjacent to it 1. Whehrtse the same stock or stocks of associated species occur within the llE r ixgclusive Economic Zones of two or more coastal States, these S A at.a tes shall seek, either directly or through appropriate subregional or anr iegional organisations, to agree upon the measures necessary to co- nza ordinate and ensure the conservation and development of such stocks T of without prejudice to the other provisions of this Part. en t 2. Where the same stock or stocks of associated species occur both rnm within the Exclusive Economic Zone and in an area beyond and adjacent ov e to the Zone, the coastal States and the States fishing for such stocks 5 G2 in the adjacent area shall seek, either directly or through appropriate 20 subregional or regional organisations, to agree upon the measures © necessary for the conservation of these stocks in the adjacent area. 725 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Article 64 Highly migratory species 1. The coastal State and other States whose nationals fish in the region for the highly migratory species listed in Annex I shall co- operate directly or through appropriate international organisations G. with a view to ensuring conservation and promoting the objective of OA optimum utilisation of such species throughout the region, both within n o f and beyond the Exclusive Economic Zone. In regions for which nsoio appropriate international organisations exists, the coastal State s erm aind other States whose nationals harvest these species in the regiot np shall co-operate to establish such an organisation and participate ihno uits work. 2. The provisions of paragraph 1 apply in addition to the otherit w provisions of this Part. ute d ib Article 65 str r d i Marine Mammalsd o Nothing in this Part restricts the right c duofe a coastal State or the competence of an international organisatpioron, as appropriate, to prohibit, limit or regulate the exploitation of maer ri ene mammals more strictly than it is provided for in this Part. Stateasy sbhall co-operate with a view to the conservation of marine mammka lms and in the case of cetaceans shall in particular work through the abop opropriate international organisations for their conservation, manag s theiment and study. of art Article 66 p N o Anadromous stocks 1. States in wvhe do.se rivers anadromous stocks originate shall have the primary intseer rest in and responsibility for such stocks. 2. The e tsS rtate of origin of anadromous stocks shall ensure their conserirgv hation by the establishment of appropriate regulatory measures for A lfi l shing in all waters landward of the outer limits of its Exclusive nEiac . onomic Zone and for fishing provided for in paragraph 3(b). The nz a State of origin may, after consultations with the other States referred f T a to in paragraph 3and 4 fishing these stocks, establish total allowable nt o catches for stocks originating in its rivers. me 3. (a) Fishing for anadromous stocks shall be conducted only in waters rn ve landward of the outer limits of Exclusive Economic Zones, except in G o cases where this provision would result in economic dislocation for a 02 5 state other than the State of origin. With respect to such fishing beyond ©2 the outer limits of the Exclusive Economic Zone, States concerned shall maintain consultations with a view to achieving agreement on terms and conditions of such fishing giving due regard to the conservation requirements and the needs of the State of origin in respect of these stocks. 726 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] (b) The State of origin shall co-operate in minimising economic dislocation in such other States fishing these stocks, taking into account the normal catch and the mode of operations of such States, and all the areas in which such fishing has occurred. . (c) States referred to in subparagraph (b), participating by AG agreement with the State of origin in measures to renew of O an adromous stocks, particularly by expenditures for that io n purpose, shall be given special consideration by the Statei sosf origin in the harvesting of stocks originating in its rpiev rmers.; and uto (d) Enforcement of regulations regarding an adromitohus stocks beyond the Exclusive Economic Zone shall bee db wy agreement between the State of origin and the other S t itbautes concerned. 4. In cases where anadromous stocks migrate into odirs ttrhrough the waters landward of the outer limits of the Exclusive Ec ornomic Zone of a State other than the State of origin, such State shall ecdc o-operate with the State of origin with regard to the conservatiorond uand management of such stocks. re p 5. The State of origin of an adromyo bu es stocks and other States fishing these stocks shall make arranmgea ments for the implementation of the provisions of this articl k oeo, where appropriate, through regional organisation. s b f th i t o Article 67 r o p a Catadromous species 1. A coastal Statde. Nin whose water catadromous species spend the greater part of theire rlvi efecycle shall have responsibility for the management of these spec s reies and shall ensure the engress and egress of migrating fish. 2. Harvhetssting of catadromous species shall be conducted only in waters landllw r igard of the outer limits of Exclusive Economic Zones. When cao. n Aducted in Exclusive Economic Zones, harvesting shall be subject ant io this article and the other provisions of this Convention concerning z Tan fishing in these zones. of 3. In cases where catadromous fish migrate through the Exclusive en t Economic Zone of another State, whether as juvenile or maturing fish, rnm the management, including harvesting, of such fish shall be regulated by e ov agreement between the State mentioned in paragraph 1 and the other 5 G2 State concerned. Such agreement shall ensure the rational management 20 of the species mentioned in paragraph 1 for the maintenance of these © species. 727 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Article 68 Sedentary Species This Part does not apply to sedentary species as defined in article 77, paragraph 44. . Article 69 AG O Right of Land-locked States n o f 1. Land-locked States shall have the right to participate, on an equitabslse io basis, in the exploitation of an appropriate part of the surplus orfm t ihe living resources of the Exclusive Economic Zones of coastal pet States of the same subregion or region, taking into account thheo urelevant economic and geographical circumstances of all the Statesi t w concerned and inconformity with the provisions of this article antdedu of articles 61 and 62. trib 2. The terms and modalities of such participatiorn d isshall be established by the States concerned through bilateral, sdu obregional or regional agreements taking into account interalia- ce du (a) the need to avoid effects detrimproental to fishing communities or fishing industries of the ec or eastal State; (b) the extent to which the laayn bd-locked State, in accordance with the provisions of thisk amrticle, is participating or is entitled to participate under beox oisting bilateral, subregional or regional agreements int hti she exploitation of living resources of the Exclusive Ect onf omic Zones of other coastal States; (c) the exte pnat r to which other land-locked States and geogra Np ohically disadvantaged States are participating in the exp d. vleoitation of the living resources of the Exclusive Economic Zeorne of the coastal State and the consequent need to avoid a s r es t particular burden for any single coastal State or a part of it; rig( hd) the nutritional needs of the populations of the respective All States. n3ia. . When the harvesting capacity of a coastal State approaches a point nz a which would enable it to harvest the entire allowable catch of the living f T a resources in its Exclusive Economic Zone, the coastal State and other o nt States concerned shall co-operate in the establishment of equitable me arrangements on a bilateral, subregional or regional basis to allow for ernv participation of developing land-locked States of the same subregion o G or region in the exploitation of the living resources of the Exclusive 250 Economic Zones of coastal States of the subregion or region, as may ©2 be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 2 shall also be taken into account. 728 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] 4. Developed land-locked States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the Exclusive Economic Zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its . Exclusive Economic Zone, has taken into account the need to minimise AG detrimental effects on fishing communities and economic dislocation f Oo in States whose nationals have habitually fished in the Zone. ion 5. The above provisions are without prejudice to arrangements agreisesd upon in sub region or regions where the coastal States may grpaen rmt to land-locked States of the same subregion or region equal or proeuf te rential rights for the exploitation of the living resources in thweit hExclusive Economic Zones. d ute Article 70 str ib di Right of geographically disadvadn toa r ged States 1. Geographically disadvantaged States shall hcaeve the right to participate, on an equitable basis, in the exploitationd uro of an appropriate part of the surplus of the living resources of p rtehe Exclusive Economic Zones of coastal States of the same subreyg ibo en or region, taking into account the relevant economic and geogr ma aphical circumstances of all the States concerned and in conformityo ow kith the provisions of this article and of articles 61 and 62. b is 2. For the purposes of thf tihs Part, “geographically disadvantaged States” means coastal States,r t ioncluding States bordering enclosed or semi- enclosed seas, whoo spe a geographical situation makes them dependent upon the exploidt.a Ntion of the living resources of the Exclusive Economic Zones of otherevr e States in the subregion or region for adequate supplies of fish for rteh se nutritional purposes of their populations or parts thereof, and cohatsstal States which can claim no Exclusive Economic Zones of theirl roi g l wn. 3 A a.. The terms and modalities of such participation shall be established anb i y the States concerned through bilateral, subregional or regional nza agreements taking into account, interalia- f T o (a) the need to avoid effects detrimental to fishing communities nte or fishing industries of the coastal State; rnm (b) the extent to which the geographically disadvantaged State, in ov e accordance with the provisions of this article, is participating G 25 or is entitled to participate under existing bilateral, 20 subregional or regional agreements in the exploitation of © living resources of the Exclusive Economic Zones of other coastal States; 729 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] (c) the extent to which other geographically disadvantaged States and land-locked States are participating in the exploitation of the living resources of the Exclusive Economic Zone of the coastal State and the consequent need to avoid particular burden for any single coastal State or a part of it; and . (d) the nutritional needs of the populations of the respective AG States. of O 4. When the harvesting capacity of a coastal State approaches a pointio n which would enable it to harvest the entire allowable catch of the liviinssg resources in its Exclusive Economic Zone, the coastal State and rm p eother States concerned shall co-operate in the establishment of euqt o uitable arrangements on a bilateral, sub regional or regional basis titoh allow for participation of developing geographically disadvantage d e wStates of the same subregion or region in the exploitation of the ultib iving resources of the Exclusive Economic Zones of coastal Statesstrdi of the subregion or region, as may be appropriate in the circumors tances and on terms satisfactory to all parties. In the implementua d cteion of this provision the factors mentioned in paragraph 3 shall alsrood be taken into account. 5. Developed geographically disadva rnet paged States shall, under the provision of this article, be entitled b eto participate in the exploitation of living resources only in the Exmcalu ysive Economic Zones of developed coastal States of the same su k obor egion or region having regard to the extent to which the coastali sS btate, in giving access to other States to the living resources of its Exc of lthusive Economic Zone, has taken into account the need to minimiser td a etrimental effects on fishing communities and economic dislocatioo pn in States whose nationals have habitually fished in the Zone. N d. 6. The abovee rvperovisions are without prejudice to arrangements agreed upon in s rue sbregions or regions where the coastal States may grant to geographths ically disadvantaged States of the same sub region or region equlal lr igpreferential rights for the exploitation of the living resources in tah. e A Exclusive Economic Zones. an i nz Article 71 Ta of Non-applicability of articles 69 and 70 t en The provisions of articles 69 and 70 do not apply in the case of a coastal rnm State whose economy is overwhelmingly dependent on the exploitation ov e of the living resources of its Exclusive Economic Zone. 25 G 0 ©2 730 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] Article 72 Restrictions on transfer of rights 1. Rights provided under articles 69 and 70 to exploit living resources shall not be directly or indirectly transferred to third States or their nationals by lease or licence, by establishing joint ventures or in any G. other manner which has the effect of such transfer unless otherwise A O agreed by the States concerned. f n o 2. The foregoing provision does not preclude the States concernesdio from obtaining technical or financial assistance from third State is rms or international organizations in order to facilitate the exerciset po ef the rights pursuant to articles 69 and 70, provided that it does nohto uhave the effect referred to in paragraph 1. it d we Article 73 ut trib Enforcement of laws and regulations of thdeisr coastal State 1. The coastal State may, in the exercise of its soevd eoreign rights to explore, exploit, conserve and manage the living drue csources in the Exclusive Economic Zone, take such measures, inpcroluding boarding, inspection, arrest and judicial proceedings, as ree may be necessary to ensure compliance with the laws and reg b auylations adopted by it in conformity with this Convention. k m 2. Arrested vessels and their bcor oews shall be promptly released upon the posting of reasonable bonhdis o r other security. 3. Coastal State penaltit eos f tfor violations of fisheries laws and regulations in the Exclusive Eco pnao rmic Zone may not include imprisonment, in the absence of agreem N oents to the contrary by the States concerned, or any other form of d. v ceorporal punishment. 4. In cases osef rarrest or detention of foreign vessels the coastal State shall promptltys renotify the flag State, through appropriate channels, of the actionrig htaken and of any penalties subsequently imposed. . A ll a Article 74 ni nz a Delimitation of the Exclusive Economic Zone between f T a States with opposite or adjacent coasts nt o 1. The delimitation of the Exclusive Economic Zone between States me with opposite or adjacent coasts shall be effected by agreement on the ernv basis of international law, as referred to in Article 38 of the Statute of the G o International Court of Justice, in order to achieve an equitable solution. 02 5 2. If no agreement can be reached within a reasonable period of time, ©2 the States concerned shall resort to the procedures provided for in Part XV. 731 THE TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE ACT [CAP. 237 R.E. 2023] 3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and co-operation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without . prejudice to the final delimitation. AG 4. Where there is an agreement in force between the States concerned, f Oo questions relating to the delimitation of the Exclusive Economic Zone io n shall be determined in accordance with the provisions of that agreemeinsst. rm pe ou t ith ted w trib u dis d o r ce rod u re p y b e a k m bo o is of th rt o p a N d. erv e res hts ig All r . an ia nz Ta t o f en ern m ov 5 G 20 2 © 732