Hawai'i Fisheries Initiative - The Hawaii Institute for Public Affairs

U.S. Zones: From
Shoreline to Sea
n Territorial Sea: measured from the baseline
(the mean low water line) seaward to 12 nm.
A nation has absolute sovereignty
within this zone, subject to innocent passage
by foreign vessels.
n Contiguous Zone: from 12 to 24 nm, a zone
of “limited enforcement jurisdiction.” This zone
enables enforcement of provisions for drug
interdiction, for example.
n Exclusive Economic Zone (EEZ): Including
the Contiguous Zone, the EEZ begins at the
territorial sea’s boundary and extends to
200 nm from the baseline.
n High seas and deep seabed: beyond a
nation’s EEZ, this area is subject to international
agreements, treaties, and customary
law of the sea. 357
The U.S. agenda included preservation of
its navigational and overflight rights for
its navy and air forces; in the midst of the
Cold War, the United States did not want
interference with its ability to send its
forces throughout the world, so it opposed
the extension of jurisdiction. U.S. fishing
fleets were divided: The coastal fishermen
preferred a 200-mile zone and the distantwater
fishers did not. 353
In 1976, in response to increased near-shore
fishing pressure from foreign fleets and in
the midst of UNCLOS III discussions, the
U.S. Congress passed the Fishery Conservation
and Management Act (precursor to
today’s Magnuson-Stevens Act), effectively
establishing a 200-nm exclusive fishing zone
to protect the domestic fishing industry. 354
This action ensured two things: that this
measure would be part of the U.N. Law of
the Sea Treaty, and that the 200-mile EEZ
was on its way to becoming customary
international law. Ultimately in 1982, the
U.S. voted against the treaty largely due
to its provisions on deep-seabed mining.
Internationally, however, the treaty was
broadly accepted; 155 nations became
parties by June 2007. 355 While the U.S.
is not a party, it remains bound by the
treaty’s impact on the customary law of
the sea. 356 Among the recommendations
of the Joint Oceans Commission is that
the U.S. accede to UNCLOS III, suggesting
that doing so would allow the U.S. to lead
the way in international policymaking for
deep-seabed mining, energy, scientific
research, pollution control, and environmental
protection.
In 1983, the United States followed the
treaty provisions and extended its EEZ by
proclamation. In 1988, the United States
extended its territorial sea to 12 nm, and
then to 24 nm in 1999. An important aside
is that the 1988 proclamation was limited
to its effects on international relations, and
is not applicable to domestic law as it is
applied to the territorial sea.
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