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

AUGUST 2005 FINAL REPORT
Table 5-2. The maritime boundaries of the U.S. and their seaward and jurisdictional extents.
Source: DOALOS (2004)
Maritime Boundary Seaward Extent Jurisdictional Extent
State Waters 3 to 9 NM from U.S. baseline State or territory jurisdiction over
(depending on state’s historical
maritime boundary)
the air, sea, and seabed
Territorial Waters 12 NM from U.S. baseline Federal jurisdiction over the air,
sea, and seabed
Contiguous Zone 24 NM from U.S. baseline Power to prevent and punish for
infringement of fiscal, customs,
immigration, and sanitary laws
Exclusive Economic Zone 200 NM from U.S. baseline Sovereign rights over all natural
(EEZ) resources and jurisdiction to
protect the marine environment
Sea Treaty, it does recognize and abide by many of its rules. For instance, in 1988, U.S. Presidential
Proclamation No. 5928 extended the seaward territorial limit of the U.S. to 12 NM from the baseline
(Table 5-1). This expansion of federal territorial waters from 3 NM (or in some cases 9 NM) to 12 NM
provided the U.S. with jurisdiction and supreme power over this area (Table 5-2). The seabed and its
resources, the biota found in the water column, and the airspace above the territorial seas, as well as the
use of surface waters, are all under the jurisdiction of the U.S. Although the territorial waters of the U.S.
extend 12 NM seaward from its baseline, the part of the territorial sea closest to shore (3 to 9 NM)
remains under the primary jurisdiction of each coastal state. In most areas of Guam, the territorial
government controls waters out to 3 NM (Environment Hawaii Inc. 1998).
U.S. control over the waters adjacent to its shores was further solidified in 1999 when President Clinton’s
Presidential Proclamation No. 7219 extended U.S. federal jurisdiction by the additional 12 NM maximum
allowed by international law. This 24 NM contiguous zone is measured from the U.S. baseline and, as its
name implies, is an area contiguous or next to a nation’s territorial waters that provides an added area of
limited jurisdiction. The U.S. makes no territorial claims within its contiguous zone, but it does, however,
claim the right to exercise the control necessary to prevent infringement of its fiscal, customs,
immigration, or sanitary laws/regulations and to punish infringement of these laws/regulations committed
within the zone (DOALOS 2004). The establishment of the U.S. contiguous zone additionally advances
both the law enforcement and public health interests of the U.S. (Table 5-1).
5.1.1 Maritime Boundaries in the Marianas MRA Study Area
Nearly all of the waters encompassed by the Marianas MRA study area are found within the limits of the
U.S. EEZ (Figure 5-2). The study areas around FDM, Tinian, and Guam (which include Apra Harbor,
Agat Bay, and waters off Andersen Air Force Base) are all located within U.S. territorial waters. The vast
majority of Warning Area W-517 lies outside the territorial waters and contiguous zone, but within the U.S.
EEZ. Only the southeast corner of W-517 is found beyond the limits of the U.S. EEZ. South of Guam, the
EEZ does not extend to the maximum 200 NM due to the proximity of the FSM, which are situated less
than 400 NM away from Guam. Instead, the EEZ runs along a hypothetical median (or equidistant) line
between Guam and the FSM based upon existing maritime boundary agreements (GDAIS 2004). The
DoD has ownership of the submerged lands off of its federal lands on Guam.
5-4