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Marine Resources Assessment for the Marianas Operating ... - SPREP

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AUGUST 2005 FINAL REPORT<br />

Figure 5-1. A 3-D depiction of <strong>the</strong> U.S. maritime boundaries. Tidal datums – Mean Higher High<br />

Water (MHHW), Mean High Water (MHW), Mean Low Water (MLW), and Mean Lower Low Water<br />

(MLLW). Image taken from: NOAA (2002), used with <strong>the</strong> permission of Mr. David Stein.<br />

U.S. sovereign rights over <strong>the</strong> natural resources within <strong>the</strong> 200 NM zone, but it did not affect <strong>the</strong> lawful<br />

use of this zone by o<strong>the</strong>r nations <strong>for</strong> navigation or overflight (DOALOS 2004; Table 5-2). Sovereign rights<br />

include <strong>the</strong> rights to explore, exploit, conserve, and manage natural resources.<br />

The U.S. EEZ covers approximately 7.8 million km 2 of ocean space, half of which is found in <strong>the</strong> western<br />

Pacific Ocean around U.S. possessions such as Hawai’i, American Samoa, Guam, and <strong>the</strong> CNMI.<br />

Overlapping boundaries with o<strong>the</strong>r nations exist in 25 situations. International maritime boundaries are<br />

those agreed upon by one or more countries to resolve <strong>the</strong>se overlapping claim issues. In cases where a<br />

nation’s 200 NM EEZ overlaps with that of ano<strong>the</strong>r country, both country’s EEZs are deemed to end at<br />

what is called <strong>the</strong> “median line," an imaginary line that is equidistant from <strong>the</strong> baseline of each country.<br />

Around Guam and <strong>the</strong> CNMI, two cases exist where <strong>the</strong> EEZs of two separate nations overlap. To <strong>the</strong><br />

south of Guam, <strong>the</strong> U.S. EEZ runs along <strong>the</strong> median line between Guam and <strong>the</strong> Federated States of<br />

Micronesia (FSM), while to <strong>the</strong> north of Farallon de Pajaros, <strong>the</strong> U.S. EEZ runs along <strong>the</strong> median line<br />

between <strong>the</strong> CNMI and Japan’s Ogasawara Islands.<br />

The U.N. Law of <strong>the</strong> Sea Treaty, created in 1982 and entered into <strong>for</strong>ce in 1994, delimited <strong>the</strong><br />

international maritime sovereignties of coastal nations as 12 NM <strong>for</strong> territorial seas, 18 to 24 NM <strong>for</strong> a<br />

contiguous zone, and 200 NM <strong>for</strong> an EEZ (54 FR 777). While <strong>the</strong> U.S. has not yet signed <strong>the</strong> Law of <strong>the</strong><br />

5-2

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