CONVENTION CONCERNING FISHING IN THE BLACK SEA

Varna, 7 July 1959

 

The Governments of the People's Republic of Bulgaria, the

Romanian People's Republic and the Union of Soviet Socialist

Republics,

Having a common interest in the rational utilization of the

fishery resources of the Black Sea and in the development of

marine fishing,

Have decided to conclude this Convention and have for this

purpose appointed as their plenipotentiaries:

who, having exchanged their full powers, found in good and due

form, have agreed as follows:

 

Article 1

The Contracting Parties agree to co-operate and to assist one

another, in accordance with the provisions of this Convention, in

carrying on rational fishing in the Black Sea, in improving

fishing technique, and in carrying out research in the field of

ichthylogy and hydrobiology for the purpose of maintaining and

augmenting the stocks of fish in the Black Sea with a view to

increasing the yield.

The provisions of this Convention shall not affect the status of

the territorial and inland waters of the Contracting Parties.

 

Article 2

Fishing vessels of the People's Republic of Bulgaria, the

Romanian People's Republic and the Union of Soviet Socialist

Republics engaged in fishing in the open sea may enter the

following ports of refuge in order to shelter from bad weather or

in case of damage:

In the People's Republic of Bulgaria: Balchik, Varna, Nesebur,

Burgas, Sozopol and Michurin;

In the Romanian People's Republic: Constanta and Sulina;

In the Union of Soviet Socialist Republics: Odessa, Evpatoria,

Yalta, Novorossysk, Sochi, Sukhum, Poti and Batum.

The list of ports of refuge may be amended by agreement among the

Parties to the Convention.

 

Article 3

In the cases referred to in article 2 of this Convention, the

fishing vessels of the Contracting Parties shall where necessary

be given an opportunity to repair the damage and to replenish

their supplies of foodstuffs, drinking water, fuel, lubricants and

other ship's stores so that the vessel may continue on its route

or return to its nearest home port, and an opportunity to dispose

of their catch fresh at the ports of refuge if it cannot be

preserved on board the vessel.

 

Article 4

The procedure governing the disposal of fish and payment for

services rendered to fishing vessels entering ports of refuge and

for fish disposed of in the cases referred to in article 3 of this

Convention shall be agreed between the competent authorities of

the Parties to the Convention.

 

Article 5

The following shall be the minimum sizes at which fish may be

taken:

Beluga (Huso huso). ....................140 cm

Russian sturgeon (Acipenser

guldenstaedti) . ............... ........80 cm

Sevryuga (Acipenser stellatus) ..........75 cm

Turbot (Rhombus maeoticus) ............. 35 cm

Shad (Alosa kessleri pontica) ...........16 cm

The size of a fish shall be determined by measuring its length

from the tip of the snout to the base of the tail fin.

Any fish taken which is under the prescribed size must be put

back in the sea.

The taking of fish under the prescribed minimum size shall be

permissible in a proportion not exceeding the following percentage

by number of the total catch of each protected species:

8 per cent in the case of shad (Alosa kessleri pontica);

5 per cent in the case of turbot (Rhombus macoticus); and

5 per cent in the case of Acipenseridae (Huso huso, Acipenser

guldenstaedti, Acipenser stellatus).

The taking of Acipenser nudiventris shall be prohibited for five

years from the date of entry into force of this Convention.

 

Article 6

For the purpose of preparing forecasts for fishing in the Black

Sea, the Contracting Parties agree to exchange by any suitable

means operational information concerning the migration of

industrial fish, indicating the time and place at which they

congregate, the direction of movement, the density of the schools,

and the hydrometeorological conditions in which such congregations

and migrations are observed.

 

Article 7

With a view to the rational utilization of the stocks of fish in

the Black Sea, the Contracting Parties agree to exchange

information annually on the results of scientific research in the

fields of marine ichthyology, hydrobiology and fishing technique.

The Contracting Parties shall exchange statistical data on

catches of fish.

 

Article 8

With a view to working out and co-ordinating measures for the

application of this Convention, a Mixed Commission shall be

established.

Within one month after the entry into force of the Convention,

each Contracting Party shall appoint one representative to the

said Commission and shall communicate the name of its

representative to the other Contracting Parties.

The Mixed Commission shall meet at least once a year in the

territory of each of the Contracting Parties in turn.

The Mixed Commission shall function under a statute drafted by it

at its first meeting and approved by the Contracting Parties.

 

Article 9

The Mixed Commission shall have the following functions:

1. It shall work out agreed measures to regulate fishing, with a

view to the conservation and augmentation of the stocks of fish in

the Black Sea, and to develop industrial fishing technique;

2. It shall introduce amendments to article 5 of the Convention

concerning the species and dimensions of fish caught in the Black

Sea. Proposals for such amendments must be communicated to the

representatives of the Contracting Parties on the Mixed Commission

not later than three months before the opening of the Commission's

regular session;

3. It shall co-ordinate the planning of scientific research

projects on matters relating to fishing in the Black Sea, to be

conducted by the competent authorities of the Contracting Parties;

4. It shal determine the nature and extent of the statistical and

other data which each Contracting Party shall furnish to the Mixed

Commission for the purpose of implementing this Convention;

5. It shall exchange information concerning the application of

this Convention;

6. It shall examine such other matters as the Contracting Parties

may refer to it.

 

Article 10

The Mixed Commission shall make recommendations to the

Contracting Parties on the matters referred to in article 9 with

the exception of paragraph 2 of that article, on which the

Commission may take decisions.

Recommendations and decisions shall be deemed to be adopted by

the Mixed Commission if they receive the favourable votes of the

representatives of all the Contracting Parties.

The recommendations of the Mixed Commission shall be submitted to

the Contracting Parties for approval and may be given effect if

none of the Parties raises objections within four months.

 

Article 11

This Convention shall not impede the conclusion of bilateral

agreements on matters relating to fishing in the Black Sea between

any two Contracting Parties or between a Contracting Party and any

other Black Sea State, so long as such agreements do not conflict

with the terms of this Convention.

 

Article 12

This Convention shall be ratified and shall enter into force on

the date of deposit of the last instrument of ratification with

the Government of the People's Republic of Bulgaria, in whose

archives the original of the Convention shall be kept.

The Government of the People's Republic of Bulgaria shall notify

the Governments of all Contracting Parties of the date of deposit

of the last instrument of ratification.

Certified true copies of this Convention shall be transmitted by

the Government of the People's Republic of Bulgaria to the other

Contracting Parties.

 

Article 13

This Convention is concluded for a term of five years. It shall

remain in force for successive terms of five years for those

Contracting Parties which do not inform the Government of the

People's Republic of Bulgaria, six months before the expiry of the

current five-year term, that they wish to terminate the

Convention.

 

Article 14

Other Black Sea States may accede to this Convention.

 

Article 15

The Government of the People's Republic of Bulgaria shall take

the necessary action to register this Convention with the

Secretariat of the United Nations.

Done at Varna, on 7 July 1959, in one copy in the Bulgarian,

Romanian and Russian languages, all texts being equally authentic.