On ratification of the Agreement on Conservation and Rational Use of Aquatic Biological Resources of the Caspian Sea

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The Law of the Republic of Kazakhstan dated July 17, 2015 No. 332-V SAM

To ratify Agreement on the Conservation and Rational Use of Aquatic Biological Resources of the Caspian Sea, signed in Astrakhan on September 29, 2014.

President of the Republic of Kazakhstan N. NAZARBAYEV

AGREEMENT on the Conservation and Rational Use of Aquatic Biological Resources of the Caspian Sea

Entered into force on May 24, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 3, art. 54

The Governments of the Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan, hereinafter referred to as the Parties, guided by the desire to develop good-neighborly relations between the States of the Parties, recognizing that the joint aquatic biological resources of the Caspian Sea are the common property of the States of the Parties, noting the need for coordinated actions by the Parties to conserve the aquatic biological resources of the Caspian Sea, Taking into account the provisions of The Framework Convention for the Protection of the Marine Environment of the Caspian Sea, signed in Tehran on November 4, 2003, noting the importance of conducting coordinated scientific research for the conservation, reproduction and rational use of aquatic biological resources of the Caspian Sea, taking into account the economic importance of fishing for aquatic biological resources in the Caspian Sea for the States of the Parties and the employment of their populations, agreed as follows:

Article 1

This Agreement applies to the aquatic biological resources of the Caspian Sea.

Article 2

For the purposes of this Agreement, the terms mean: "aquatic biological resources" - fish, shellfish, crustaceans, mammals and other species of aquatic animals and plants; "Commission" — Commission for the Conservation, Rational Use of Aquatic Biological Resources and Management of their Joint Stocks; "joint aquatic biological resources" - sturgeon species of fish, sprats, seals, as well as fish species included in this list by the Commission; "reproduction" is the renewal of stocks of aquatic biological resources, including measures aimed at: - preservation and restoration of natural breeding grounds and migration routes of producers to spawning grounds, - reproduction and release of larvae or juveniles through artificial reproduction, - preservation of feeding areas, spawning and wintering areas of fish; "catch" - all aquatic biological resources extracted from their habitat in any condition over a period of time; "fishing" - any type of activity aimed at removing aquatic biological resources from their natural habitat; "specialized fishing" - the extraction of those fish species that are the main purpose of fishing activities; "commercial fishing" - specialized fishing, with the exception of fishing for artificial reproduction and fishing for scientific purposes; "by-catch" is the capture, seizure, or extraction of a type of biological resource while conducting specialized fishing for another type of biological resource.

Article 3

The purpose of this Agreement is the conservation and rational use of aquatic biological resources of the Caspian Sea, including the management of shared aquatic biological resources.

Article 4

In order to implement this Agreement, the Parties shall cooperate on the basis of the following principles: 1) the priority of conservation of aquatic biological resources of the Caspian Sea over their commercial use; 2) sustainable use of shared aquatic biological resources; 3) application of generally accepted international rules acceptable to the Parties regarding the regulation of fishing and conservation of aquatic biological resources of the Caspian Sea; 4) preservation of the ecological system of the Caspian Sea and the biological diversity of aquatic biological resources; 5) application of scientific research as a basis for the conservation of aquatic biological resources and management of shared aquatic biological resources; 6) ensuring the compatibility of measures for the conservation, rational use of aquatic biological resources of the Caspian Sea and management of shared aquatic biological resources throughout the range of species.

Article 5

Within the framework of this Agreement, the Parties shall cooperate in the following areas:: 1) conducting coordinated scientific research; 2) developing measures to regulate fishing of shared aquatic biological resources; 3) developing measures to combat illegal, unreported, unregulated fishing and illicit trafficking in aquatic biological resources; 4) collecting, providing and exchanging fishing statistics in a format agreed upon by the Parties; 5) development and implementation of short-, medium- and long-term programs for the reproduction and conservation of shared aquatic biological resources and their habitat, including the release of juvenile sturgeon species; 6) development of recommendations on the use of fishing gear and fishing technologies for shared aquatic biological resources; 7) exchange of scientific information and experts, seminars, conferences and courses of study.

Article 6

1. The Parties shall fish for joint aquatic biological resources on the basis of the total allowable catch, national quotas determined based on common criteria established by the Commission, common regulatory measures, mutual obligations to combat illegal fishing and measures for reproduction. 2. In case of disagreement between the Parties to the quotas, the latest decision of the Quota Commission applies. 3. If one of the Parties is unable to exceed its quota in the total allowable catch, it may, through bilateral agreements and other arrangements in accordance with national legislation, grant the other Parties access to the remainder of its quota in the total allowable catch.

Article 7

Commercial fishing of sturgeon species is carried out in rivers and their estuaries, as well as in marine areas established by the decision of the Commission, taking into account the traditional fishing methods of each of the States of the Parties.

Article 8

1. By-catch of sturgeon species should be minimized with mandatory registration of such facts. 2. Retention of sturgeon species obtained as by-catch is not allowed, and such sturgeon species must be immediately returned to their natural habitat. 3. The provisions of paragraphs 1 and 2 of this article shall not apply to fishing for scientific research, as well as for the purposes of artificial reproduction.

Article 9

The Parties shall take all possible measures to combat illegal, unreported, unregulated fishing and illegal trafficking of aquatic biological resources, as well as products from them.

Article 10

1. A Commission is established by the Parties to achieve the objectives of this Agreement. 2. Each Party appoints one representative and his deputy to the Commission. The representative of each Party has one vote. Each representative may be accompanied by experts at the meetings of the Commission. The presence of representatives of all Parties is required for the Commission meeting. 3. At the first meeting, the Commission shall adopt the rules of procedure and establish the necessary working groups. 4. The chairmanship of the Commission is carried out by representatives of each Party in turn in the order of the English alphabet for two years. 5. Regular meetings of the Commission are held at least once a year in the territory of the State of the presiding Party. Extraordinary meetings are held as necessary. Such meetings are held at the request of one of the Parties, which addresses the Chairman of the Commission in writing. An extraordinary meeting is held if it is supported by at least three Parties. 6. The working languages of the Commission are English and Russian. The languages of the Commission's meetings are Russian and Farsi. 7. The Commission's decisions are made by the representatives of the Parties unanimously and are made in writing. 8. The Parties shall ensure the implementation of the Commission's decisions at the national level.

Article 11

The Commission has the following powers: 1) coordinate activities for the conservation, reproduction, and rational use of joint aquatic biological resources; 2) amend the list of types of joint aquatic biological resources; 3) annually determine the total allowable catches of joint aquatic biological resources and allocate them to national quotas; 4) establish criteria for allocating the total allowable catch of joint aquatic biological resources to national quotas; 5) to coordinate the volume of catch of the national quota of sturgeon species in case of its transfer to another Party fishing in their rivers; 6) to regulate fishing and conservation of joint aquatic biological resources on the basis of fishing restrictions, which may include the following measures: - prohibition of fishing in certain areas and in relation to certain types of aquatic biological resources on certain periods; - seasonal closure of fishing in certain areas and in relation to certain types of aquatic biological resources; - establishment of a minimum size and weight of extracted (fished) aquatic biological resources; - determination of the mesh size and design of tools for the extraction (catch) of aquatic biological resources; - other agreed fishing restrictions; 7) review submitted reports on the development of quotas for the catch of joint aquatic biological resources and reports on the implementation by the Parties of other Commission decisions; 8) review fishing statistics, including the number of vessels involved in fishing and the catch they have carried out; 9) approve fishing regulations for joint aquatic biological resources; 10) develop and approve the necessary programs and projects for the protection of rare and endangered species of joint aquatic biological resources, the list of which is approved by the Commission, and their habitats; 11) approve and coordinate agreed research programs on joint aquatic biological resources. biological resources, establish the frequency of such work; 12) cooperate with relevant specialized international organizations to achieve the objectives of this Agreement; 13) facilitate the resolution of controversial issues in the field of conservation, reproduction and rational use of shared aquatic biological resources; 14) provide a procedure for joint assessment of the quantitative and qualitative characteristics of juveniles; 15) create working groups, determine the directions and programs of their activities; 16) to monitor the implementation of the decisions taken; 17) establish export quotas for sturgeon species and products from them; 18) perform other functions and make other decisions that may be necessary for the implementation of this Agreement.

Article 12

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which the States of the Parties are parties.

Article 13

No provisions of this Agreement are interpreted as prejudging the outcome of negotiations on the legal status of the Caspian Sea.

Article 14

No reservations to this Agreement are allowed.

Article 15

Any disputes related to the interpretation or application of the provisions of this Agreement shall be resolved through consultations and negotiations between the Parties.

Article 16

1. The provisions of this Agreement may be amended or supplemented by agreement of the Parties. 2. Amendments and additions to this Agreement are an integral part of it and are formalized in separate protocols that enter into force in accordance with the procedure provided for in Article 18 of this Agreement.

Article 17

The Government of the Russian Federation is the depositary of this Agreement.

Article 18

1. This Agreement shall enter into force on the thirtieth day after the date of receipt by the Depositary of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. 2. This Agreement is concluded for an indefinite period. Each of the Parties may terminate its participation in this Agreement by sending a written notification to the Depositary of its intention to withdraw from this Agreement. For this Party, this Agreement will be valid for twelve months from the date of receipt of such notification by the Depositary.

Done in Astrakhan on September 29, 2014, in a single copy in Azerbaijani, Kazakh, Russian, Turkmen, Farsi and English, all texts being equally authentic. In case of disagreement, the Parties refer to the English text. The original copy of this Agreement shall be deposited with the Depositary, who shall send certified copies thereof to the Parties.

For the Government of the Republic of Azerbaijan

For the Government of the Islamic Republic of Iran

For the Government of the Republic of Kazakhstan

For the Government of the Russian Federation

For the Government of Turkmenistan

RCPI's note! The text of the Agreement is attached in Azerbaijani, Turkmen, Farsi and English.

President

Republic of Kazakhstan

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