what are the three duties on the Coastal State? (#1)
Management and Conservation
what are the three duties of the coastal state (#2)
Maximum Sustainable Yield (MSY)
what are the three duties of the coastal state (#3)
Determine the Total Allowable Catch (TAC)
what are four regulatory measures? (#1)
Set TAC for each species
what are four regulatory measures? (#2)
Regulate fishing equipment
what are four regulatory measures? (#3)
Close off areas
what are four regulatory measures? (#4)
Establish seasonal measures
Set allowable by-catch levels
what are states reqd to do regarding fishing under Art 119?
High Seas Fishing
States take measures to “maintain and restore populations of harvested species at levels which can produce a maximum sustainable yield” based on “best scientific evidence available to the States concerned.” (Art. 119 (a)).
what is the information sharing requirement?
Article 119 2 requires sharing pertinent conservation information and data, and
Article 119 (does/does not) require that conservation measures not discriminate “in form or in fact against fishermen of any State.”
Article 119 3 requires that conservation measures not discriminate “in form or in fact against fishermen of any State.”
how does Art 116 limit high seas fishing freedoms?
Article 116 (b) which limits this high seas fishing freedom to the “rights and duties as well as the interests of coastal States” under the EEEZ provisions.
artificial islands and structures in the EEZ or on the continental shelf (are / are not) within the jurisdictional cognizance of the coastal State.
Maritime Activities Within EEZ & Continental Shelf
artificial islands and structures in the EEZ or on the continental shelf fall within the jurisdictional cognizance of the coastal State.
who controls research within the EEZ?
the coastal State controls research within its EEZ. This is certainly the case in terms of exploration of economic resources.
are there any restrictions on the coastal state restricting "pure research"?
the coastal State has less ability to refuse permission for “pure research,” such as might be performed by a foreign oceanographic institute.
anyone seeking to conduct such research must request permission from the coastal State? (T/F)
Research in EEZ
anyone seeking to conduct such research must request permission from the coastal State, and
what four elements must the research request include? (#1)
must describe the nature of the research,
what four elements must the research request include? (#2)
who is going to conduct it
what four elements must the research request include? (#3)
how long it will take place
what four elements must the research request include? (#4)
give the coastal State scientists an opportunity to participate in the research activities.
what is the coastal duty regarding the marine environment?
Coastal State Duty
The coastal State has extensive authority and responsibility to protect the marine environment from pollution, particularly from dumping and discharges.
what is the coastal state's authority regarding laying of submarine cables?
Laying Submarine Cables
The coastal State has less authority to control traditional “high seas” freedoms, such as the laying of submarine cables and pipelines, navigation and overflight, and military activities.
what is the importance of due regard?
all such activities must be conducted with “due regard” for the rights and duties of all of the States concerned.
what is the composition of continental shelf?
Continental Shelf Composition
The continental materials, mostly granite and related rocks, are lighter than the basalt that makes up most of the deep ocean and underlying mantel.
what are some resources on the continental shelf?
Living Resources on Continental Shelf
You should also be aware that there are some living resources found on the continental shelf, such as lobsters, oysters, and scallops.
what are the terms of the 1958 Continental Shelf Convention? (3 things) #1
1958 Continental Shelf Convention
States have “sovereign rights” to exploit continental shelf resources
what are the terms of the 1958 Continental Shelf Convention? (3 things) #2
“Natural prolongation” of the continent
what are the terms of the 1958 Continental Shelf Convention? (3 things) #3
Maximum depth of 200 meters or further to the limits of ”exploitability”
(or if the coastal state can show that the continental shelf is naturally prolonged, can get a 350 mile extension)
Continental shelf characteristics - two things. (#1)
200 nautical miles out,
Continental shelf characteristics - two things. (#2)
the coastal state has complete sovereign rights to explore and exploit the economic resources under the ocean, on the seabed, in the water column, and on the surface. (It also extends to the resources of the air above it, such as in wind farms.) Some extend out to 600 miles
what is the most important resource in the continental shelf?
Oil & Gas
The most important resource in the continental shelf
what is the safety zone around oil rigs?
500 m safety zone around oil rigs
what is the coastal state's duty for operational rigs?
Oil Rig Removal
The coastal state has to ensure that a rig that is not operational is removed
what are three Coastal State Sovereign Rights? (#1)
Coastal State Sovereign Rights
The coastal State retains “sovereign rights” over the resources of the continental shelf
what are three Coastal State Sovereign Rights? (#2)
Mineral and other non-living resources
what are three Coastal State Sovereign Rights? (#3)
Sedentary species (e.g., scallops) (Article 77, par. 4)
what is the convention rule on laying submarine cables and pipeline?
Laying Cables & Pipelines
There is an inclusive rights to lay and maintain submarine cables and pipelines.
what is the coastal states' right to natural resources?
Subject to its right “to take reasonable measures” to ensure its rights to exploit the natural resources and to prevent pollution,
laying of cables and states' obligations
coastal State “may not impede the laying or maintenance of such cables or pipelines.”
when is Coastal State Consent needed regarding laying of pipelines?
Coastal State Consent
However, the “delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State.”