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JPRS 82542

28 December 1982

Worldwide Report

LAW OF THE SEA

No. 215

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JPRS 82542

28 December 1982

WORLDWIDE REPORT

LAW OF THE SEA

No. 215

CONTENTS

ASIA

INTER-ASIAN AFFAIRS

Kiribati, Japan Break off Talks on New Fishing Agreement

(THE NEW ZEALAND HERALD, 3 NOT 82) 1

Koreans Fined for Fishing inNNew?Zealand Waters

(THE EVENING POST, 2? Oct 82) 2

Briefs

Taiwan Boat Released 3

INDIA

Policy Statement on Ocean Resources Reported

(THE HINDU, 9 Nov 82) U

PAKISTAN

Briefs

Equitable Rights £

SRI LANKA

Briefs

Sea Law Signing Welcomed

-a - [III - WW - 136]
LATIN AMERICA

JAMAICA

Government Wants Rockefeller Group To Lobby U.S. on LOS Treaty

(ADVOCATE-NEWS, 6 Nov 82) 7

SUB-SAHARAN AFRICA"*

INTER-AFRICAN AFFAIRS

Briefs

Senegalese-Gambian Fishing Agreement 8

SENEGAL

New Era Said To Be Possibly Starting for Fishing Industry

(Elvalide Seye; LE SOLEIL, 16-17 Oct 82) 9

WEST EUROPE

INTERNATIONAL AFFAIRS

Dispute Over Quotas Between Denmark, EC Heats Up

(Lennart Weber; AKTUELT, 1 Nov 82) 11

Paper Urges Parties To Compromise in EC, Danish Feud

(Editorial; BERLINGSKE TIDENDE, k Nov 82) Ik

Agreement Between Denmark, FRG Averts Greenland Cod War

(Michael Ehrenreich; BERLINGSKE TIDENDE, h Nov 82) ...... 16

ICELAND

Foreign Minister Backs Proposal To Get Zone Limits Widened

(MORGUNBLADID, 19 Nov 82) 17

- b -
INTER-ASIAN AFFAIRS

KIRIBATI, JAPAN BREAK OFF TALKS ON NEW FISHING AGREEMENT

Auckland THE NEW ZEALAND HERALD in English 3 Nov 82 p 11

[Text]

broken off talks on a;«t'

agreement under•-' wHete*1

^Japanese fishingV- crafty

would be allowed to fish in',

^Kiribati's 20p-muer econo-4

rirife-imZ:fl^':><!- ^

:

';y

i??

felhe Eresidert of Kiribati;:

lätr Ieremtai^abaß ^eäMng

ä*t the^ehdof ä V^.t$Stwäjji

said talks. nad;bro1»n5'd$fvn1

at, the Vend of: October «^

cause' of'disegreejment *bvei*

feesthe Jät>anesesbmflä^yJ

" Av^ delegation?, fromr^tn#

Japanese Fistang; Association

nadiarrived'Jn .Tarawa, for;

öegatiätiöns,«qfected to:|ast

a week ferfthe breaitfowfl

happened ob the first d^|

Mr Tabaf said that ratae*

an agreement which expired

at the end of -October, the!

Japanese had ' paid almos^

$USl million ($NZt.4 mfflionX

to fish inJüribati waters but

äthis had-not been enough in

relation: to what tney had

been catcning.,/ v' ' r_r .-^

Mr Tabai said that Kiri-S bati had not h|d a fishing

agreement with the South

Koreans for two years "because we realised we were

being squeezed by tnen\,..J

;f '?We 'were' gettfiig7^?vef|

ismalj. fee -in relation to the,

jsize of their catcnesi I don*!

»see any Hkelihpbd' of ä newt

agreement wfffi- tbefti be-5

(cause we are sefar apart o^

terms." _'v'v,i- ""•'"':. " ' - 4

"In theciise of the; Taiwan*

ese, they simply do net want

to talk. We jenow they are

fishing:'*':"'Sf ,. : ;#* « • >

Mr< Tabai" saijd Kiribati

would*" send representatives'

to talks In Honolulu this

month; at which several South

PacMc countries would meet'

representatives of the United

States. Tuna'Boat Owners'j

Association to.discuss terms:

under whieh "American^ fishing boats could fish, in Kiribati's waters.' " " -*-'■■",

rla Jujie Mr Tabäfs Gov-^

ernment protested to the

.united States <^>vernment

that American purse seiners

were fishing illegally; not

only inside the 200-mile zone

but in territorial waters. They

were landing helicopters; on;

islands without permission. I

Mr TabaKsaid the reply?

from the Americans restated'

their view that the 200-mile

zone principle did not apply*

to; tana*

'f^M^personal view-is thai

because of the^ strong feeri

ings of the South Pacific,

Forum countries on the issuer

the Americans and their fish-j

tag boats should be more re?

[laxedin their„attitude.?; «.I

-•ti£i..w-'^--«««-'*»^

CSO: 5200/9113
INTER-ASIAN AFFAIRS

KOREANS FINED FOR FISHING IN NEW ZEALAND WATERS

Wellington THE EVENING POST in English 29 Oct 82 p 16

[Text] ARNZAFOEION used three modem

positioning systems to ensure that a

'Korean boat, the Dong Gin Number

N012, was fishinginside New Zealand's

Exclusive Economic Zone, (EEZ) the

DistrictCourt heard/today.

•?**' ««the three methods could not be in error" Crown prosecutor.'Mr Jim Larsen

?'Sai(L' '::-\- '.' '"•-! '.' '■■;':j-:- '^-'-'V ■■-""-'•'"•! -.• ' '-

Two Koreanfishermen, SI Gun Kim, 37,

master, and Chan n Park," 24, navigator,

who yesterday, pleaded guilty to fishing in

New Zealand waters without a licence, appeared for sentence before Judge H Gilbert

today; \ ' :

r

' ':.-:. . •.• Messrs C B. Carruthers and T Broadmore appeared for the accused.-

Mr Larsen said that on September 30, a

ÄNZAF Orionsaw the long-line boat fishing

some 154 nautical miles from Raoul Island.

It photographed the boat and checked its

position, using the three modern systems.

The boat was not arrested because it left

for American Samoa, irr' ;.:; ;

Compass

In explanation, the captain said he used

a compass because the electronic equipment on board was old and inoperable. His

position was one degree different from that

recorded by the Orion, and would have led

the master to believe he was 15 miles outside the EEZ.

Mr Larsen emphasised that the obligation was clearly on those responsible for the

vessel to avoid breaches of the EEZ act.

"The economic stakes are high — the master is liable to a fine of $100,000 and the

consequences of the transgression were

known," he said. -

Mr Larsen asked that the accused meet

the expenses of eight witnesses. Counsel,

Mr Carruthers, said the four main points he

wished to make in mitigation were: :

» The boat was in New Zealand waters because of a genuine mistake.

• The accused willingly came to New Zea- 7

land to face the charges.

• Three vessels from the same company —

Koria Wanyang Fisheries had paid the

licence fee and were allowed to fish in New :

Zealand waters, but did not do so.

«The accused Kim was earning $400 a

month and had a wife and child to support

Park was single, earning $260 a month. The

trip was not profitable, and the fishermen

would receive no bonus from the catch.

"The navigation system used by the Koreans is an internationally accepted one and _

not all ships have the sophisticated position- :

ing equipment used by the Orion," Mr Car- \

ruthers said.

"They cannot understand how they came

to be in the W-7-, but they accept the

Orion's record of their position. Being

buzzed by an Orion is not an everyday oc--

currence in the lives of fishermen, and quitting the zone after the event was a predictable reaction.

"Neither the men nor the company have,

had any previous convictions. They, had no

reason to break New Zealand regulations,

because they could have easily been in the

EEZ legitimately through payment of a

licence fee," Mr Carruthers said.

Judge H Gilbert fined the master, Sil

Gun Kim, $7500 and ordered him to pay

witnesses' expenses of $1000. The navigator

was fined $1250 and ordered to pay witnesses expenses of $500.

"It may be considered strange that the

crew member made the error of plotting

the course when the Orion overflew the

ship," Judge Gilbert said.

"The most important mitigating factor

is that the accused came voluntarily to New

Zealand and pleaded guilty.

CSO: 5200/9113
INTER-ASIAN AFFAIRS

BRIEFS

TAIWAN BOAT RELEASED—The Taiwanese fishing boat confiscated for fishing

inside New Zealand's economic zone earlier this month has been offered back

to its owners for $7500. The Minister of Fisheries, Mr Maclntyre, says the

No 51 Feng Yuan will be able to leave Auckland when the fee is paid. The

boat's catch of 50 tonnes of fish will also be returned. As agents for the

owner, the Wellington-based East Asia Trade Centre Ltd has accepted the

offer. Yesterday crew members of the boat, which has been moored at Captain

Cook wharf since October 7, thought they might leave Auckland by the end of

the week. The $7500 fee will have to be paid on top of the $10,000 fine and

costs of $42,600 awarded against the captain of the boat in the Auckland

District Court on October 11, when he admitted fishing inside the zone.

iText] [Auckland THE NEW ZEALAND HERALD in English 27 Oct 82 p 3]

CSO: 5200/9113
POLICY STATEMENT ON OCEAN RESOURCES REPORTED

Madras THE HINDU in English 9 Nov 82 p 7

INDIA

[Text]

:#>. Ä. celritralfsed data system' is: proposed tor*

blfj^ up by *e 'Department-: of-., Ocean:

DaveJopW* w8fc. .-fgroper rnechanisrn/fcrj

cäteoBon. -collation: ft^=vdisseminatioiV:-oP;

irlormatJon acquired JDOth («1196001*1/ and')

frpi foreign sburcea ;oo,:0«ear^;sdeno% and_

rjf- Ajjata base' of" thi» kfrid S-considered,

qeceäsary fc» coordinate the efforts of different}

agencies connected with the exploitatiojj and^i

dewetopment of marine rescur^ arrf enyirorhj

^ A "ocean, pbfiey" statement, laidW» ParRa::

nfntrecently ha» seTout in detail'"the- basic ab-i

jecttves* of' ocean development and; the|

directions in which the different agencies-wittj

b£requireoMo,worfc The policy is: considered;

sanftes*-*v trie.'\ cortefxtf''«• the "pioneer^

inw*stDr';.yStatiB^ granted to India arider'the*

c**i*entfcrFof^ttlSL conference-on the Law:|

cohe Seasrffhfc givesbfirtdiatheexetusfve right«

tcioperate m art are»ö> 1,50,000square" km im.

thrhigh seas, for the recovery and processing^

c^jpoJyrrätöHfcnoÖutes?^ >.•' .<: '.yr-\->'i ->~y*

f-: :The mamJhrust of the ocean policy wilt be <

> o#the ppttnal useLpfjvjng- resour^Ji^ftehl

and sea weeds, expteitatton'oTnefVliving re?~

'sources such as hydrocarbons .and neavyi

"placer deposits, harnessing of renewable .reB

source or ocean energy from waves, ":terrt;|

perature differences W trie water cotamh, tidsf|

heights and salinity gradients arid the collection^

and processing of poiymetaHtc nodules from''

the deep sea.

" Main tasks: The policy"statement saysthat

-the extension of. national frontiers of ocean'

space and the. consequent access to new*»

sources of energy, minerals and food,Icafr forj

great strides in ocearr engineering., specially •*»

tasks related to structures, materials, instrumentation, submersibles and systems of pro»

puteion ofships. -, ,>^-^--^.-;-- .».*-,: . . .^

> The exploitation of natural food resources^

\ such as ffch and seaweeds, and tr^generatjoa;

of additional food resources by cultivatk*ral9*l

need scientific methods of aquaculture and,

'rnariculture: To survey and predict the •oceans

environment the main tasks necessary among. >

iothers are mapping, charting, geodesy, ocean-;

dynamics, chemistry and physics of the oceans*;

ani Seabed mineral mapping. Marine science-\

and. tectoiology has to look beyond the current!

state?of-art to achieve major tedwKrfogicaltj

breakthrough irithe;future. " . '"";' , ;

Besides research and development In.

"basic sciences, the policy envisages.survey of

<tne deeper part of the qcearv Detailed,survey,

?and jarnplhifljftthe regions of exclusjye^

aeorornteIrene and Sie adjacent ocean wi« benecessary to locate and evaluate the rich and'

ecoTKxriicalh/; viable deposits of-polymetetttc •

hodutes,? heavy* .fnetafe-sfosstf• -placers safld I

phospbc*fte: deposits Trte gathering.'of^datey,

frcm^surv^yS should be OoordViatetfarxta cost-'

effectWe system^ Jof integrated? surveys:

Indigenous: technology:' The policy

atrcaaaa the need for the- development of indkjenpu^technotogy for theaxplcJtaikXToffishY

fromdeeper watera This means setting up of tt-y'

ifiastructure facilities and services i* operate

large-sized fishing vessels*- ';

An' important component of the develop- - merit prcgrarnrne will, be the acquisition of,

technology. To be" self reliant the. pöliey4

envteages such technologies to be largely de-j

, veloped, tested and operated indigenously; i

Technologies retetir« to instrumentation, diving

systems, position fjxing and position main*;f

tehanca, materials devetopment oceanic data

collecting devices« anti-erosion capabilities,

subroersibtea energy and energy-saving* de-?*

,vices are priority items. -Several new technologies will have to be commercialised and made

.cost-effective. i

The policy also envisages augmentation of

infrastructure! support particularly basic faculties like safety and rescue at sea navigational

chains, communication net-works, development

of appropriate maps and charts, "etc. , *j

CSO: 5200/7005
PAKISTAN

BRIEFS

EQUITABLE RIGHTS—At the United Nations, Pakistan has called for equitable

use of international waters by all riparian states. Speaking on a debate

on the report of international law commission in the General Assembly's

legal committee, Pakistani delegate Asma Anisa said the exercise of rights

by a riparian in its territory should not damage the other. The violation

of the rights of a riparian should be adequately compensated. They should

be bound legally to settle their disputes peacefully. The Pakistani delegate underscored the need for codification of the law which was of special

significance to Pakistan. She regretted that the international law commission had not made any headway in that direction. [Text] [BK221419 Karachi

Domestic Service in English 1005 GMT 22 Nov 82]

CSO: 5200/4306
SRI LANKA

BRIEFS

SEA LAW SIGNING WELCOMED—Colombo, 10 Dec (AFP)—President Junius Jayewardene

has hailed the law of the sea treaty being signed in Jamaica today as the

dawn of a new era of unprecedented international cooperation. He said the

treaty was of particular significance to Sri Lanka. The country's territory

is now nearly 20 times its land area and 300,000 square miles have been added

to its land and seabed areas, giving Sri Lanka control of an off-shore territory 20 times as big as the country's total land area. President

Jayewardene said international recognition of Sri Lanka's special claim to

its adjacent seabed territory was a significant achievement for the country's

foreign policy. Sri Lanks has a special interest in the sea law treaty, as

the first chairman of the United Nations Conference on the law of the sea

(UNCLOS) was Sri Lanka's ambassador to the UN, the late Hamilton Shirley

Amerasing. [Text] [BK101255 Hong Kong AFP in English 1221 GMT 10 Dec 82]

CS0: 5200/4307
JAMAICA

GOVERNMENT WANTS ROCKEFELLER GROUP TO LOBBY U.S. ON LOS TREATY

Bridgetown ADVOCATE-NEWS in English 6 Nov 82 p 3

[Text]

v

KtNGSfÖS?'! Jamaica,

Friday,' (CANA) — Jamaica

apparently wants American

corporate leaders who Sit on 3

committee that promotes? the

island as investment centre to

lobby the "Reagan

Administration to drop its

opposition to the law of the Sea

Convention. , '?:,^. '&.;.

The IJ.'S. ' committee on

Jamaica, set'up last yearly

President Reagan, is headed

by the influential Oavio

Rockefeller, former chairman

of Chase Manhattan. Ban^

who includes a number of

chief executives of some^of

America's largest companies.

It met here- ibis week

reviewing it$ performance

over the past year anämäking

plans for the fuCure.

According to a brief end of

meeting report,, among the

suggested areas that a local

counterpart group urged that

it focussed on in the coming

year was "support for.the. Law

of the Sea in its recognition of

its importance to Jamaica-.:,

The Law of the Sea is to.

regulate the resources, of the

deep ^äbed'thröügirihe

United Nations system, and

the~ International Seabed

Authority (iSA) which will be

the functional arm, is to be

'situatedihere. -'":'

:";

' t

* Jamaica sees the establish^

ment oft the ISA headquarters

here: as an opportunity for

advancing economic activity!

'However, the Reagan

Administration us opposed to

the treaty in its present form,

and saia it .'will not sign it

during a ratification session to

take place in the Jamaican

city of Montego Bay.

' The main U.& grouse is that

the UN. system and a supra»'

national' company, to fere

known as the enterprise, will

have too much ^controlin,

allocating the use of the

resources, to the department

of private enterprise exJ

ploitation and giant American

companies who have already

invested in deep sea

technology.

' The Americans are also

against the profit and

technology sharing

arrangements built in the

treaty to assist the Third

In its opposition to the Law

of the Sea, the United States

has been attempting to lobby

Western allies to band

together for a so-called "mini.

treaty'." \' HowWery Third World

Countries have warned-that

such an arrangement would

be illegal and that they wouldfight it in the international

courts.

The following are other

areas that the Jamaican

counterpart group has asked

that the U:S. committee to

! direct activities to during

1983:

.— Support for CBI, . -* Address the concerns of

the banking community with

regard to credit flows, to

Jamaica,- . — Encourage other countries to invest in Jamaica,

— Increased emphasis on

investment in agri-business,

— - Finalisation of

arrangements for USDA inspection and fumigation

services in Jamaica. — Increase technical flows,

through joint ventures and-or

technical assistance.

CSO: 5200/7509
INTER-AFRICAN AFFAIRS

BRIEFS

SENEGALESE-GAMBIAN FISHING AGREEMENT—Robert Sagna, secretary of state for

maritime fishing, and his Gambian counterpart (Mar Jallow, minister of natural

and water resources, will sign this' morning, at the Ministry of Foreign

Affairs, a draft agreement on maritime fishing. This draft agreement, already

negotiated between our countries, is one of the first concrete results of the

recent official and working visit to Senegal by the vice president of Gambia,

Bakary Darbo, at the invitation of Prime Minister Habib Thiam. LTextj

[Dakar LE SOLEIL in French 9-10 Oct 82 p l] .8796

CSO: 5200A
SENEGAL

NEW ERA SAID TO BE POSSIBLY STARTING FOR FISHING INDUSTRY

Dakar LE SOLEIL in French 16-17 Oct 82 p 3

[Article by Cherif Elvalide Seye]

[Excerpt] For the Senegalese fishing industry, this may be the beginning of a

new era. The launching of Senegal Seafood, an Integrated industrial fishing

project, represents a turning point which is going to change the basic elements of the fishing industry. With an average output of nearly H00,000

tons in recent years, the fishing industry has certainly yielded very satisfactory results. Particularly in 1980 the industry was the nation's major

source of foreign reserves, ahead of peanuts and phosphates, earning 35-5

billion CFA francs.

But considering its potential, with more than TOO kms of coast on the Atlantic

these results are still modest. This is because even 20 years after independence Senegal only controls one sector of the fishing industry, fishing on the

style of a cottage industry which still provides TO percent of the entire output. But this type of fishing has reached its ceiling. The development

drive to equip canoes with engines is almost completed. Besides, the infrastructures on land do not allow for higher production than the present one.

Therefore it has become imperative to tackle industrial fishing, a difficult

sector controlled by foreigners and requiring large amounts of money. The

Senegalese fleet consists of 128 trawlers, h tuna boats and ik sar.dine boats

compared to kh French tuna boats and 19 Spanish sardine boats.

Now it has been decided to better utilize that sector. Two lines of action

will be followed to achieve that end. The first move hinges on maritime

credit. That credit will remedy the lack of financial means of the Senegalese

people. In this connection, Senegalese citizens have received nearly 1.5

billion CFA francs in loans. The second move is the Senegalese-Danish integrated project. This joint venture company is one of the major fishing projects in the world. In its final phase it will produce 100,000 tons after

four successive phases of 25,000 tons each.

The company has a capital of 1.5 billion [CFA francs], Senegalese investors,

the state through S0FISEDIT [Senegalese Financial Company for the Development

of Industry and Tourism] and the BNDS [Senegal National Development BankJ, the
Fund for the Industrialization of Developing Countries and the IDA [international Development Association]—a subsidiary of the World Bank—have interest shares of 15 percent ;each. The shares held by the latter and by the

SOFIDESIT will eventually be ceded back to Senegalese investors. The Danish

partners are the companies Lauritsen and Faromar.

Projected investments amount to U.385 billion CFA francs. Financing will come

from the capital loans granted by the international company to the tune of

1,200 billion, by the Fund for the Industrialization of Developing Countries

(IFU [expansion unknown]) with 850 million," by the SOFISEDIT and the BIDS with

350 million each and by the SGBS [General Banking Company of Senegal] with

135 million. Initially the project will generate 275 new jobs and will have a

turnover of 5.752 billion [CFA francs].

Viability

An experimental phase, which started last January, has shown that the project

is.viable. " It confirmed the existence of large stocks of fish off the coast

of Senegal and Mauritania and the possibility of making large catches all

year round without endangering the reproduction and; growth of the species.

But this potential can only be developed under certain conditions. The experimental phase has established the need to have modern vessels equipped with

the latest technology to be able to fish all year round. Land infrastructures

are also required,to deal with the processing, handling, transportation,

delivery and marketing.' This requires that a reliable freezing plant be available .

Another equally important point made during the experimental phase is the

existence of an important market. All West Africa could be targeted. Liberia,

the Ivory Coast, Togo, Benin, Nigeria, Cameroon are all countries which import

fish. Right now these countries are supplied mainly by Soviet vessels. The

experimental phase proved that we could sell at competitive prices. Besides

membership to the same economic community—the ECOWAS—and the possibility of

cross participation by the marketing bodies of these countries would make

Senegalese goods even more desirable. The government is actually trying to

negotiate agreements on that basis with these countries.

The big innovation in this project can be found in the sphere of marketing.

Until now the Senegalese fishing companies had limited their activities to

catching, packaging and selling their fish right in Dakar. With this method

of selling FOB in Dakar, these companies had to pay all the overhead expenses

and were left with a small profit margin.

Foreign companies, buying FOB in Dakar and reselling CIF in Europe, are

pocketing the lion's share and have almost no expenses. For instance, 1 kilo

of shrimps sold FOB in Dakar for 1,500 francs brings in for these companies

as much as 5,000 or 6,000 francs when sold CIF in Europe. That is where the

real profit is. This is why the project includes selling CIF although the

initial plan was to sell FOB in Dakar.

8796

CS0: 5200A

10
INTERNATIONAL AFFAIRS

DISPUTE OVER QUOTAS BETWEEN DENMARK, EC HEATS UP

Copenhagen AKTUELT in Danish 1 Nov 82 p 4

[Article by Lennart Weber]

[Text] "I am the victim of some vicious political slander," Foreign Minister

Uffe Ellemann-Jensen said yesterday evening after returning from Finland,

On Tuesday Ellemann-Jensen will consult with the EC Committee of parliament.

The minister is expected to be in for harsh criticism in connection with the

notorious report prepared by experts at the Foreign Ministry,

"It is a report that describes in a detached, legal fashion the situation that

will arise if there is no joint fishing policy," Uffe Ellemann-Jensen said,

"It is my duty to present this report to parliament so that the members of

parliament will have some basis on which to make their decisions."

"It is totally naive, as I have seen several politicians do, to maintain that

I have played into the hands of the other EC countries. Any EC lawyer could

have written the report my officials prepared. The other countries know quite

well which articles of the EC treaty and which legal decisions are applicable

in the absence of a common fishing policy.

"I Will Not Hide"

"I also could have been reproached if I had not presented this report to the

EC Committee."

"I will not try to shirk my responsibility and I will not try to hide behind

my officials."

Ellemann-Jensen was asked whether or not report expressed the policies of the

government.

"It describes a legal situation and being for or against it would be like

being for or against two plus two being four."

"The government will take the report into account, but it does not necessarily

11
express the opinion of the government."

Confused Policy

"The foreign minister's statements show how confused the government's policies

are in the area of fishing," Social Democrat Ivar Norgaard said.

"The foreign minister contradicts himself when, on the one hand, he tries to

present the report as something objective, which is just as certain as two

plus two equals four, and he says, on the other hand, that it does not

necessarily express the government's point of view,"

"National regulations limiting quantities of fish that may be caught must be

approved by the EC Commission, There is reason to believe that the commission

will continue to approve national regulations that coincide with the

commission's recommendations, according to the contraversial report Foreign

Minister Uffe Ellemann-Jensen (Liberal Party) sent to the EC Committee of

parliament. In summary, the report stresses that the situation for Danish

fishing will become especially serious if no agreement is reached with the

other EC countries.

The report, which is a "summary of certain legal aspects" of the fishing

situation was written by the Foreign Trade Department of the Foreign Ministry.

It has been sent to the members of the EC Committee with an accompanying letter

from Ellemann-Jensen: "The following report is submitted to inform the

members of certain legal consequences that will arise if no joint fishing

policy for 1982 is approved."

"This report was written for use by members of the Fisheries Ministry's

advisory committee on EC fishing policies."

The letter was signed by Uffe Ellemann-Jensen.

Concerning Danish fishing in the waters of other member nations, it is stated

that it must be assumed that the various coastal nations will gain the

commission's approval for nondiscriminatory national provisions making it

possible to prevent fishing in the waters of the coastal nations by fishermen

from countries that already have reached the quotas suggested by the commission.

If, for example, Denmark had exceeded the commission's suggested quota for

herring in the North Sea, then other member nations could stop Danish fishing

in their fishing territories.

Concerning Danish fishing in Danish waters, the report states that, "The legal

situation depends on whether or not roll-over arrangements have been made,"

This means that Denmark will be required to limit its catch to guarantee that

the quotas are observed, "Exceeding the quotas proposed for Denmark could be

seen by the commission as being in violation of the treaty ..."

The report also states that, "It is improbable that the tribunal will reverse

12
the decision on the distribution of quotas that is at the basis of the

commission's proposal ..."

"If no roll-over arrangement is made, fishing must be seen as 'free,' with the

significant stipulation that the member nations under all circumstances must

do everything necessary to preserve fish populations ..."

The report makes clear that Danish fishermen have little chance of fishing

in the controversial region around the Shetland Islands. It is stated that

fishing in this region may require a license and that it will be difficult for

Denmark to claim the right to fish in this region,

"In general, it may be said that Denmark will have to present an exceptionally

strong case if the commission, supported by most or perhaps all the other

member nations, claims that this region fulfils the conditions (for national

provisions and, thus, for excluding Danish fishermen'—ed,),"

"If the commission approves

1 a unilateral British arrangement, Denmark would

turn to the EC tribunal to overturn such an arrangement," Legal proceedings

before the EC Tribunal normally take 1 or 2 years. During this period, charges

could be brought against Danish fishermen before the EC Tribunal, however,

according to the report.

9336

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INTERNATIONAL AFFAIRS

PAPER URGES PARTIES TO COMPROMISE IN EC, DANISH FEUD

Copenhagen BERLINGSKE TIDENDE in Danish 4 Nov 82 p 10

[Editorial]

[Text] The strange majority in the EC Committee that does not want to see,

hear, or know about the foreign minister's note indicates that Karl Hjortnaes

will watch over Denmark's fishing policy forever. While in the government,

the Social Democrats had so many misgivings about his narrow-minded collision

course that the change in government came as a liberation for them on this

point. But the vendetta the Social Democrats, led by former Economy Minister

Ivar Norgaard, have directed toward Foreign Minister Ellemann-Jensen because

of his note could indicate that the party in opposition is preparing for an

EC policy in the style of Hjortnaes.

If the purpose is to block a compromise on a joint EC fishing policy, accusing

the foreign minister of weakening the Danish position in the final minutes of

the negotiations is a strange way of going about it. In fact, he would have

neglected his duty if he had not informed the EC Committee of the legal

situation facing Danish fishing if the EC is without a fishing policy at the

beginning of the new year. Examining the foreseeable consequences of a

decision is part of the groundwork in the decision-making process. An

appraisal of the legal consequences can reveal nothing to outsiders. Instead

of shying away from this report as if it were leprous, it could be expected

that the EC Committee would have pressed the foreign minister to present more

papers on the economic consequences of the various scenarios and the political

consequences in other areas of the EC if Denmark were to shoot down the joint

fishing policy. There has been too little rather than too much said about the

basis on which the government will make a final decision after all these years

of negotiations on a permanent policy to replace the temporary arrangements.

In any case, the public has been given the impression that it is the strong

interest groups of the fishing industry that have determined Danish policies

in recent years. Obviously, the industry must be allowed to offer advice at

all times, but it is the main advisor and nothing more. It is the treaty

obligation of the Danish government and it is inthe government's political

interest to work toward a joint fishing policy, but it never can present a

compromise that would be acceptable to the organizations of the fishing industry

1U
because they are fundamentally opposed to a fishing policy. They want fishing

to be totally free, with regulations only for endangered species. There is a

conflict between the country's political interest in producing a joint fishing

policy and the industry's interest in preventing one. It is the task of the

government to show the EC Committee what effect 10,000 tons of mackerel will

have on the balance between these two interests.

9336

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INTERNATIONAL AFFAIRS

AGREEMENT BETWEEN DENMARK, FRG AVERTS GREENLAND COD WAR

Copenhagen BERLINGSKE TIDENDE in Danish 4 Nov 82 p 1

[Article by Michael Ehrenreich]

[Text] The danger of a cod war with the West Germans in the waters off the

western coast of Greenland has been averted by an agreement between Foreign

Minister Uffe Ellemann-Jensen and his West German counterpart Hans-Dietrich

Genscher and the West German Agriculture Minister Josef Ertl. The agreement

is seen as satisfactory by Greenland,

The basis of the agreement is that the temporary arrangement between the two

countries will be extended through the remainder of this year. According to

the arrangement, the West Germans have the right to fish 5,000 tons of cod

by 1 November. In return, the West Germans have accepted a quota of

62,000 tons for the total cod catch off western Greenland this year, The

EC Commission originally proposed a quota of 75,000 tons.

Since the negotiations began last September, Denmark has stressed on Greenland's

behalf that the quota should be as low as 62,000 tons in order to maintain the

population.

"Since the first agreement was reached in mid-September the West Germans have

caught only 1,000 tons of cod off the western coast of Greenland, Now they

may continue fishing the remainder of the year, but only within the framework

of the first agreement involving 5,000 tons," Foreign Minister Uffe EllemanJensen said.

The new agreement was favorably received by the chairman of the National

Administration of Greenland, Jonathan Motzfeldt, The agreement has been

approved by both the Danish and the West German governments.

9336

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16
ICELAND

FOREIGN MINISTER BACKS PROPOSAL TO GET ZONE LIMITS WIDENED

Reykjavik MORGUNBLADID in Icelandic 19 Nov 82 p 18

[Text] Petur Sigurdsson (IP) spoke yesterday in favor of a

bill which he is proposing along with Eyjolfur Konrad Jonsson

(IP), concerning the seabed rights exercised by Iceland over

the Reykjanes ridge area. The bill would enable the government to take immediate steps to ensure the unequivocal rights

to the seabed on the Reykjanes ridge and its adjacent cliffs,

which Iceland claims according to Article 76 of the United

Nations Law of the Sea.

Petur Sigurdsson (IP) said, among other things, that the extension of our fishing jurisdiction to 4 nautical miles, then to 12, then 50 and finally in one

great leap in 1976 to 200 nautical miles, has been very fortuitous for us as a

small nation struggling for our welfare and economic independence. The Jan

Mayen agreement, the proposal for a parliamentary decision recently presented

by Eyjolfur Konrad Jonsson concerning Icelandic rights to the Rockall area,

and now this bill on ocean bed rights on the Reykjanes ridge, are continuations

of these steps forward in the law of the sea field.

Sigurdsson said that the United Nations Law of the Sea agreements grants rights

to the Icelanders over the seabed on the Reykjanes ridge and any possible natural resources there, as far as 350 miles out from the specified measuring

point; but that right needs to be pursued, according to the stipulations of the

agreement, by a pooling of resources and litigation preparations. These rights

extend to all conceivable natural resources which can be found in the sediments

of the ocean bed, as well as living things which do not move without touching

the bottom. This means that the geothermal heat generated on the Reykjanes

ridge belongs to Iceland, as well as possible mineral ores which might appear in

the case of undersea rifts or folding caused by extreme temperature. These

rights of jurisdiction also affect the management of fisheries at the sea floor

level, and one hardly needs to be reminded of the irresponsible depletion on the

part of the Russians in the ocean perch shoals on the Reykjanes ridge.

Foreign Minister Olafur Johannesson said that Iceland should make a ease for

these rights, according to Article 76 of the Law of the Sea agreement, both on

the Rockall shelf (as described in Eyjolfur Konrad Jonsson's bill) and on the

Reykjanes ridge. He explained that nations with coastlines ought to present

17 •
their legally-supported claims to those rights involved here to the international committee within ten years of the effective date of the Law of the Sea

agreement. The minister added that the parliamentary committee working on this

issue had consulted with U.N. ambassador Hans G. Andersen, whose speaking up on

Iceland's behalf when the appropriate article of the agreement had been drawn

up had much to do with our progress in this matter.

Eyjolfur Konrad Jonsson (IP) referred to Gudmundur Palmason, who has been one

of a number of scholars to study this matter from a geological standpoint.

Palmason is of the unequivocal opinion that the Reykjanes ridge is a part of

Iceland's land mass, a natural extension of the country. He said that the Soviets, in the negotiations on this matter, had come to the understanding that

the rights should extend to 150 miles from the 200-mile limits (that is, to 350

miles); and the ambassador's statements on the matter, referred to by the minister, had been based on the same understanding. Jonsson was, therefore, gratified that the parliamentary committee had consulted Hans G. Andersen about the

matter, and he emphasized the importance of preserving Icelandic resources in

this arena.

Petur Sigurdsson was grateful for the good reception accorded the proposal.

He said that "a switch in time saves nine" and that we must prepare this matter

well and carefully.

9584

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