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

AUGUST 2005 FINAL REPORT
5.1.2 U.S. Maritime Boundary Effects on Federal Legislation and Executive Orders
According to the presidential proclamations and treaties that established or extended the maritime
boundaries of the U.S. (territorial waters, contiguous zone, and EEZ), existing federal or state laws or any
associated jurisdiction, rights, legal interests, or obligations were not extended or altered in any way. The
following federal legislation and EOs have associated maritime zone or boundary limitations. The
maritime boundary associations detailed in the legislation or orders relevant to the Marianas MRA study
area are listed below (see Section 1.3 for a full description of the legislation and their applications). The
term ‘high seas’ generally refers to international waters outside the jurisdiction of any single nation.
The MMPA protects, conserves, and manages marine mammals in waters under the jurisdiction of
the U.S., which are defined by the MMPA as the U.S. territorial seas, EEZ, and the eastern special
areas between the U.S. and Russia. The act further regulates “takes” of marine mammals on the
global commons (i.e., the high seas or Antarctica) by vessels or persons under U.S. jurisdiction.
The ESA regulates the protection, conservation, or management of endangered species in the U.S.
territorial land and seas as well as on the high seas.
The MSFCMA, also known as the SFA, claims sovereign rights over fish and fishery management in
the U.S. EEZ, except for highly migratory species. The U.S. cooperates with nations or international
organizations involved in fisheries for the highly migratory species in order to conserve and promote
optimum yields of the species in their entire range in and beyond the U.S. EEZ.
The NEPA establishes a CEQ and a national policy that encourages productive harmony between
humans and their environment. It also promotes efforts that will prevent or eliminate damage to the
environment and biosphere and stimulate the health and welfare of man. Jurisdiction of this act
includes the territorial lands and waters of the U.S. to the limit of the territorial seas.
The MPRSA regulates the dumping of materials in the ocean. It is applicable to material transported
by any U.S. person, vessel, aircraft, or agency from any location in the world and by any person
outside the U.S. intending to dump materials in U.S. territorial seas and the contiguous zone.
EO 12114 extends environmental impact evaluation requirements for U.S. federal agencies beyond
the territorial seas and contiguous zone to include the environments of other nations and the global
commons outside the jurisdiction of any nation.
The MPPRCA prohibits pollution of the marine environment by any vessel with U.S. registry or under
U.S. authority and all vessels in the U.S. territorial waters or EEZ.
5.2 NAVIGABLE WATERWAYS AND COMMERCIAL SHIPPING LANES
Navigable waterways of the U.S. are those waters that are presently used to transport interstate or
foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of
the water body and is not extinguished by later actions or events that impede or destroy navigable
capacity (33 CFR 329.4). There are more than 40,000 km of commercially navigable waterways under the
U.S. transportation system.
In the western Pacific Ocean, commercially navigable waterways link Guam and the CNMI with major
ports to both the east and west (Figure 5-3). The two waterways running east serve ship traffic going to
and from Hawai’i and the mainland U.S., while the waterway running west connects Guam and the CNMI
with ports in Asia such as Okinawa. Commercial ships traveling from the mainland U.S. or Hawai’i to
Micronesia often make their first stop in Guam with later stops at the neighboring islands of Saipan,
Tinian, Rota, Yap, Chuuk, Pohnpei, Kosrae, and Palau (Matson Navigation Company 2004).
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