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The Rules On Fishing Pagaidkārtīb In The Gulf Of Riga

Original Language Title: Noteikumi par zvejošanas pagaidkārtību Rīgas jūras līcī

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Cabinet of Ministers Regulations No. 81 (. 18, 19) Riga 1996 April 2, rules on fishing pagaidkārtīb in the Gulf of Riga 1. Under United Nations law of the Sea 1982 article 15 of the Convention to the Republic of Latvia to the delimitation of the maritime boundary in the Gulf of Riga temporary line with following coordinates: 23 59 57 57 ' 15 "N N1 ' 50" E 57 47 ' 30 "N" N2 23 23 ' 30 "E 57 44 ' 20" N N3 23 20 ' 10 "E" N 45 23 14 57 43 ' N4 ' 35 "E
' 45 "N 57 44 23 08 N5 ' 30 ' E 57 52 ' 30" N N6 23 05 ' 00 ' 45 "N E N7 23 57 57 ' 00 ' 00" E ' 30 "N 22 55 57 59 N8 ' 00 ' E ' 15" N 57 59 N9 22 43 ' 30 "E 2. the rules referred to in paragraph 1 line limited area of industrial fishing, the fishermen of the Republic of Latvia is applied on 12 April 1995, the Fisheries Act (Latvian journal , 1995, nr. 66), the Cabinet of Ministers 3 May 1993 a Regulation No 99 "for industrial fishing in the territorial waters of the Republic of Latvia, the economic area and the Gulf of Riga" (Latvia's journal, 1994, 60 no) and the Cabinet of Ministers on 16 January 1996, the Regulation No 21 "On water and commercial fishing rights leases and fishing rights agenda" (Latvia's journal, 1996, no. 14).
3. National armed forces maritime forces to the rule referred to in paragraph 1 line limited area: 3.1 ensure the control and surveillance of the waters;
3.2. to ships and other floating means the examination of environmental protection and fisheries laws and regulations adopted and permits (licences) the requirements have been met;
3.3. control of shipping in the area adopted international conventions and agreements;
3.4. preventing conflicts.
4. National armed forces maritime forces should not interfere with the Republic of Estonia, the activities of fishing vessels in the territory, which is delimited by the provisions referred to in paragraph 1 and the 12 nautical mile territorial sea line in the Gulf of Riga, except where these fishing vessels do not comply with the International Baltic Sea Fishery Commission fishing rules, insofar as they apply to the Gulf of Riga.
5. The Ministry of agriculture in national fisheries administrations to provide national armed forces maritime forces with information on the requirements of industrial fishing in the Gulf of Riga.
6. These regulations shall enter into force by 15 April 1996.
Prime Minister a. slice farming Minister, Deputy Prime Minister a. Bone comment on Cabinet of Ministers of 2 April 1996, provisions on fishing pagaidkārtīb in the Gulf of Riga of 1996 on 2 April adopted the "rules on fishing pagaidkārtīb in the Gulf of Riga ' main goal is to Latvian-Estonian maritime boundary delimitation in the Gulf of Riga temporary line fishery needs while ensuring the protection of the Latvian Government to fishermen. Following the Cabinet's action there are a number of reasons.
First, up to now not been established internationally recognized maritime boundary between the Republic of Latvia and the Republic of Estonia. According to a March 20, 1992, signed "agreement on renewal of the State border between the Republic of Latvia and the Republic of Estonia" article 13 "and the Republic of Estonia, the Republic of Latvia on maritime borders will be determined by a separate agreement", i.e. the observance of international law — the basic principles of State borders define the acceptable to both parties. Working on Latvian-Estonian border delimitation of the sea, the Republic of Latvia is firmly adhered to this Treaty. Latvia led from that to the above article 13 of the Treaty provides for the conclusion of a contract validly fixed boundaries in the Gulf of Riga, Partridge, as well as open the passage to the Baltic Sea does not exist.
Despite the existence of the 1992 agreement, of 10 March 1993, the Estonian Parliament adopted the "proper boundaries of the sea law", which was recorded in the sea of the Republic of Estonia. Latvia, acting in good faith and in accordance with international law, relied on the fact that one country's internal legislation will not affect the question of transnational relationships in which, in accordance with the agreement of these countries need an international treaty and against the law of Estonia not protested. Latvia on the important thought of the law article 6, which States that "the breadth of the territorial sea may make exceptions on the basis of international conventions and agreements with neighbouring countries."
Up to the beginning of 1994, the Estonia was not his law with the two countries ' sea borders. But in the spring of 1994, the Estonian border guard started this unilaterally determine to guard the borders, thus denying Latvian fisherman to fish since 20 years of this century in traditional fishing areas.
Since November 1994, regular negotiations between the Republic of Latvia and the delegations of the Republic of Estonia. 1995. January 13, Estonia submitted a draft "Treaty on territorial waters and economic zone between the Republic of Latvia and the Republic of Estonia" by the Latvian party repeatedly has rejected as non-compliant with international law. In addition, despite the ongoing negotiations, in the spring of 1995, several incidents took place between Latvian and Estonian fishing vessels to the border guards. Latvia Latvian fishing protested against detention, arguing that under international law the maritime borders between the two countries does not exist, so it can't be talking about Latvian fishing vessels in the territorial waters of Estonia.
Secondly, the United Nations 1982 "the law of the Sea Convention", article 15 provides that if the two countries with each other against the sides cannot agree on the delimitation of the territorial sea, none of these countries are not entitled to spread their jurisdiction beyond the midline between the baselines used in the determination of the width of territorial sea. Latvia this baseline is the maximum low tide line along the entire Gulf Coast, except for 24 nautical miles along the base line to the port of Riga, and in the case of Estonia is applied straight baseline method, i.e., are connected at the far shore points raised and placed in close proximity to the island. Taking into account all the particularities of this area geographical and in accordance with international law, the seal Island straight baseline system may not be included. The midline between the respective baselines from the point of view of Latvia, fair distribution of the territory until the conclusion of the agreement on the maritime borders.

Thirdly, Latvia, referring to the UN "Convention on the law of the sea", has offered on several occasions to conclude the interim agreement for Estonia fishery matters to the delimitation of the maritime boundaries of the fixed common used in fisheries areas. Unfortunately, the negotiations between the parties have not agreed on a mutually acceptable compromise, because the Estonian side has not changed its views on a unilateral basis earlier in the territorial sea as compliance with international law.
The Cabinet decision, the temporary line will be binding to all Latvian fishermen, respectively, behind that line fishing is not allowed. But it must be pointed out in particular in paragraph 4 of the rules, which the Republic of Estonia allows fishing vessels to freely cross the Latvian fixed line and the temporary ban the Latvian national armed forces maritime forces to disrupt the activities of fishing vessels in Estonia to this line and the 12 nautical mile territorial sea line in the Gulf of Riga in restricted area, except where these fishing vessels do not comply with the International Baltic Sea Fishery Commission's fishing rules.
Latvia established a temporary line fishery needs can not be considered unilaterally set limits — it is not binding on the Republic of Estonia and shall in no way affect the parties ' further negotiations on the delimitation of maritime boundaries.
Ministry of Foreign Affairs, State Secretary, Ministry of Foreign Affairs Mr Riekstins