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3. The terms and modalities of such participation shall be established
by the States concerned through bilateral, subregional or regional agreements
taking into account, inter alia:
(a) the need to avoid effects detrimental to fishing communities or
fishing industries of the coastal State;
(b) the extent to which the geographically disadvantaged State, in
accordance with the provisions of this article, is participating or
is entitled to participate under existing bilateral, subregional or
regional agreements in the exploitation of living resources of
the exclusive economic zones of other coastal States;
(c) the extent to which other geographically disadvantaged States
and land-locked States are participating in the exploitation of
the living resources of the exclusive economic zone of the
coastal State and the consequent need to avoid a particular
burden for any single coastal State or a part of it;
(d) the nutritional needs of the populations of the respective States.
4. When the harvesting capacity of a coastal State approaches a point
which would enable it to harvest the entire allowable catch of the living
resources in its exclusive economic zone, the coastal State and other States
concerned shall cooperate in the establishment of equitable arrangements on
a bilateral, subregional or regional basis to allow for participation of
developing geographically disadvantaged States of the same subregion or
region in the exploitation of the living resources of the exclusive economic
zones of coastal States of the subregion or region, as may be appropriate in
the circumstances and on terms satisfactory to all parties. In the
implementation of this provision the factors mentioned in paragraph 3 shall
also be taken into account.
5. Developed geographically disadvantaged States shall, under the
provisions of this article, be entitled to participate in the exploitation of living
resources only in the exclusive economic zones of developed coastal States
of the same subregion or region having regard to the extent to which the
coastal State, in giving access to other States to the living resources of its
exclusive economic zone, has taken into account the need to minimize
detrimental effects on fishing communities and economic dislocation in States
whose nationals have habitually fished in the zone.
6. The above provisions are without prejudice to arrangements agreed
upon in subregions or regions where the coastal States may grant to
geographically disadvantaged States of the same subregion or region equal or
preferential rights for the exploitation of the living resources in the exclusive
economic zones.
Article 71
Non-applicability of articles 69 and 70
The provisions of articles 69 and 70 do not apply in the case of a coastal
State whose economy is overwhelmingly dependent on the exploitation of the
living resources of its exclusive economic zone.
Article 72
Restrictions on transfer of rights
1. Rights provided under articles 69 and 70 to exploit living resources
shall not be directly or indirectly transferred to third States or their nationals
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