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

AUGUST 2005 FINAL REPORT
Table 5-1. Timeline detailing the establishment of U.S. jurisdiction and maritime boundaries in the
Marianas MRA study area by treaty, legislation, and presidential proclamation. Sources: DoS
(1977); U.S. Office of the President (1988); Glassner (1995); de Blij and Muller (1999); Office of the
Attorney General 2002; DOALOS (2004); Rosenberg (2005).
♦ From Antiquity to the Early Twentieth Century: nations individually established seaward boundaries of 3 to 9 NM
under the “cannon shot” concept.
♦ 1945–Truman Presidential Proclamation No. 2667 on the Continental Shelf: for the purpose of conserving and
utilizing natural resources, the U.S. claimed jurisdiction and control of the subsoil and seabed of the continental shelf
contiguous to its coast. The waters overlying the continental shelf were not affected.
♦ 1945–Truman Presidential Proclamation No. 2668 on Coastal Fisheries: conservation zones were established in
areas of the high seas contiguous to U.S. coasts for the purpose of protecting coastal fishery resources.
♦ 1950–The Organic Act of Guam: created the government structure now understood on Guam. In creating this
structure the Organic Act gave concurrent jurisdiction of submerged lands (from the line of mean high tide and seaward
to a line three geographical miles distant from the coastline) to the Government of Guam.
♦ 1953–Outer Continental Shelf Act: the subsoil and seabed of the OCS was declared to be under U.S. jurisdiction,
control, and power. The waters overlying the OCS were not affected by this act, so fishing and navigation were
unrestricted. This act nullified Presidential Proclamation No. 2667 (67 Stat. 462, 43 U.S.C. 1331 et seq.).
♦ 1958–U.N. Convention on the Law of the Sea I: the U.N. convened the first international conference on maritime
boundaries.
♦ 1960–U.N. Convention on the Law of the Sea II: the second U.N. conference convened on international maritime
boundaries.
♦ 1973–U.N. Convention on the Law of the Sea III: the third U.N. conference convened on international maritime
boundaries.
♦ 1976–Fishery Conservation and Management Act: this legislation established a fishery conservation zone extending
200 NM from the U.S. baseline, except in several areas such as the Caribbean Sea, where to the west, south, and east
of Puerto Rico and the United States Virgin Islands (USVI), the limit of the fishery conservation zone was determined by
geodetic or straight lines connecting points of latitude and longitude that were delineated in the act.
♦ 1977–Fishery Conservation and Management Act: the fishery conservation zone, established by the 1976 Fishery
Conservation and Management Act (FCMA), went into effect.
♦ 1982–U.N. Convention on the Law of the Sea Treaty: an international treaty developed by the U.N. but not yet
ratified by the U.S. The U.N. Convention on the Law of the Sea lays down a comprehensive regime of law and order in
the world's oceans and seas by establishing rules governing all uses of the oceans and their resources. Most nations,
including the U.S., adhere to its guidelines for maritime boundaries, including territorial seas, contiguous zones, and
EEZs.
♦ 1983–Reagan Presidential Proclamation No. 5030 on the EEZ: an EEZ was formally established to facilitate wise
development and use of the oceans consistent with international law as well as to recognize the zone adjacent to a
nation’s territorial seas where a nation may assert certain sovereign rights over natural resources. Establishment of the
U.S. EEZ advanced the development of ocean resources and promoted protection of the marine environment but did
not affect other lawful uses of the zone, including navigation and overflight. This proclamation set the EEZ at 200 NM
from the baselines of the U.S. and its territories, except where nations are less than 400 NM apart. In such cases,
equidistant lines delineated the EEZ boundary. The EEZ boundaries coincided with those established by the 1976
Fishery Conservation and Management Act. This proclamation did not affect existing U.S. policies concerning the
continental shelf, marine mammals, or fisheries. Jurisdiction and sovereign rights will be exercised in accordance with
rules of international law.
♦ 1988–Reagan Presidential Proclamation No. 5928 on the Territorial Sea: the seaward extent of the U.S. territorial
sea was extended to 12 NM from the baseline of the nation and its territories by this proclamation. The territorial sea is
the zone over which the U.S. exercises supreme sovereignty and jurisdiction from the airspace over the sea to the
seabed and its soil. This extension of the territorial sea advanced national security and other interests of the U.S. This
proclamation did not extend or alter existing federal or state laws (jurisdiction, rights, legal interests, or obligations).
♦ 1994–U.N. Convention on the Law of the Sea: the U.N. entered into force the 1982 Law of the Sea Treaty. It has yet
to be ratified by the U.S.
♦ 1999–Clinton Presidential Proclamation No. 7219 on the Contiguous Zone: the contiguous zone of the U.S. was
established 24 NM from the nation’s baseline by this proclamation. The contiguous zone is the area where the U.S.
exercises the control necessary to prevent and punish infringement of its fiscal, customs, immigration, or sanitary laws
and regulations within its territorial sea. Establishment of the U.S. contiguous zone advanced the law enforcement and
public health interests of the nation. This proclamation did not change existing federal or states law and did not alter the
rights of the U.S. in the EEZ.
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