Exclusive Economic Zone of the United States - Proclamation of the President of the United States of America No. 5030

{JNITED STA':':"...,; PROCL":'-.!·:.hTION ON l>.l'J --0SIV~ ~CONOMIC ZONc* '!'E:=: ,,-:-:ITE HOVSE O=fice of the Press Sec=eta=y FACT SHEET UNITED STATES OCEANS POLICY March 10, 1983 Today the President announced new guidelines for U.S. oceans policy and proclaimed an Exclusive Economic Zone (EEZ) for the United States. This follows his consideration of a senior interagency review of these matters. The EEZ Proclamation confirms U.S. sovereign rights and control over the living and non-living natural resources of the seabed, subsoil and superjacent waters beyond the territo­ rial sea but within 200 nau~ical miles of the United States coasts. This will include, in particular, new rights over all minerals (such as nodules and sulphide deposits) in the zone that are not on the continental shelf but are within 200 nautical miles. Deposits of polymetallic sulphides and co­ balt/manganese crusts in these areas have only been recently discovered and are years away from being commercially recover­ able. But they could be a %:lajor future source of stI:ategic and other minerals important to the U.S. economy and security. ·The EEZ applies to waters adjacent to the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands (consistent with the Covenant and ON Trusteeship Agreement), and United States overseas territories and possessions. The total area encompassed by the EEZ has been estimated to exceed two million square nautical miles. The President's statement makes clear that the proclama­ tion does not change existing policies with respect to the outer continental shelf and fisheries within the U.s. zone. Since President Truman proclaimed U.s. jurisdiction and control over the adjacent continental shelf in 1945, the U.S. has asserted sovereign rights for the purpose of explor~tion and exploitation of the resources of the continental shelf. Fundamental supplementary legislation, the OUter Continental Shelf Lands Act, was passed by Congress in 1953. The Presi­ dent's proclamation today ~corporates existing jurisdiction over the continental shelf. $i~ce 1976 the United States has exercised manaaement anc conservation authority over fisheries resources (with the exception of highly migratory species of tunat within.200 nautical miles of the coasts, under the Magnuson Fishery Conservation and Manag~~ent Act. The U.S. neither recognizes nor asserts jurisdiction over highly migratory species of tuna. Such species are best ~aged by international agree­ ments with concerned countries. In addition to confirming the United States sovereign righ~s over mineral deposits beyond the continental shelf but within 200 nautical miles, the Proclamation bolsters U.S. au~hority over the living resources of the zone. *[Proc1amation 5030 of March 10, 1983, is preceded by a White House Fact Sheet on United States Oceans Policy, with an attached map showing the approximate outlines of the U.S. exclusvie economic zone, and the statement by the u.S. President made on March 10, 1983. (The U.N. Convention on the Law of the Sea, done at Montego Bay, Dec:ember 10, 1982, appears at 21 I.L.M. 1261 (1982). The U.s. Fishery Conservation and Hanagernent Act of April 13, 1976, appears at 15 I.L.N . .634 (1976). Excerpts frow. the u.s. Clean water Act of 1977 appe a r c': 17 I.L.M. 144 (19 78).J The United States has also exercised certain other types of jurisdiction beyond the territorial sea in accordance with international law. This includes, fo~ exampl~,juri5diction relating to pollution control under the Clean Water Act of 1977 and other laws. The President has decided not to assert jurisdiction over marine scientific research in the U.s. EEZ. This is consistent with the U.s. interest in promoting maximum freedom for such research. The Department of State will take steps to facili­ tate access by o.s. scientists to foreign EEZ's under reasonable conaitions. The concept of the EEZ is already recognized in interna­ tional law and the President's Proclamation is consistent with existing international law. OVer 50 countries have proclaimed some form of EEZ; some of these are consistent with interna­ tional law and others are not. The concept of an EEZ was developed further in the recently concluded Law of the Sea negotiations and is reflect­ ed in that Convention. The EEZ is a maritime area in which the coastal state may exercise certain limited powers as recognized under international law. The EEZ is not the same as the concept of the territorial sea, and is beyond the territorial jurisdiction of any coastal state. The President's proclamation confirms that, without prejudice to the rights and jurisdiction of the United States in its EEZ, all nations will continue to enjoy non-resource related freedoms of the high seas beyond the U.S.territorial sea and within the u.s. EEZ. This means that the freedom of navigation and overflight and other internationally lawful uses of the sea will remain the same within the zone as they are beyond- it. The President has also established clear guidelines for United States oceans policy by stating that the United States is prepared to accept and act in accordance with international law as reflected in the results of the Law of the Sea Convention that relate to traditional uses of the oceans, such as navigation 'and overflight. The United States is willing to respect the maritime claims of others, including economic zones, that are consistent with international law as reflected in the Convention, if U.s. rights and freedoms in such areas under international law are respected by the coastal state. The President has not changed the breadth of· the United States territorial, sea. It remains at 3 nautical miles. ~he United States will respect only those territorial sea claims of others in excess of 3 nautical miles, to a maximum of. 12 nautical miles, which accord to the U.s. its full rights qnder international law in the territorial sea. Unimpeded commercial an~ military navigation and pverflight are critical to the national interest of the United States. The United States will continue to act to ensure the retention of the necessary rights and freedoms. By proclaiming today a U.s. EEZ and announcing other oceans policy guidelines, the Bresident has demonstrate~ his commitment to the protection and promotion of U.s. maritime interests in a manner consistent with international law. END 1-' Howland )(1) Island ft' '0· o 2000 KM It' ° 1000 N.M. l t , 120·I~O·.W , "':~Palmyra Alol ...../ (-.yJarVIS Island .... ~ .. -L.., yAmorlcon 'rio ) Somoll-.... 110· • . .It.Udway Islands "r.I ........- .... ,~ .. '- ...... " '- , " Johnslon ".-"'~- : ·".-tHaWaK Island-l-. '/ \, " \t~ .. Wake Island \',) '-' v~~,.'.~ ~ HOr\hHII 'tn.~~t\", (\, \ , I Quam I ! I \:' I• oJ •• • ~-sc-. : 1 ~\ Sketch map ahowing approximate outlinea of Exclu8ive Economic Zone of the Unlted Statea, Commonwealth of Puerto Rico, Commonwealth of the Northern Hariana Ialands and United States overseas possessions. (Based on map pubHshed by U.s. Geologica I Survey, Department of the 'Interior, to show compi lst ion of sub,ea energy and mineral resource. (HF-1J60) but not ~r.wn to determine legal boundaries,) United States Oceans Policy [ * ] Statement by the President. March 10, 1983 The United States has long been a leader in developing customary and conventional law of the sea- Our objectives have consist­ ently been to provide a legal order that will, among other things, facilitate peaceful, international uses of the oceans and provide for equitable and effective management and conservation of marine resources. The uiuted States also recognizes that all na­ tions have an interest in these issues. Last Jul)' I announced that the United States will not sign the United Nations Law of the Sea Convention that was opened for signature on December 10. We have taken this step because several major problems in the Convention's deep seabed mining pro­ visions are contrary to the interests and principles of industrialized nations and would not help attain the aspirations of de­ veloping countries. The United States does not stand alone in those concerns. Some important allies and friends have not signed the convention. Even some signatory states have raised con­ cerns about these problems. However, the convention also contains provisions with respect to traditional uses of the oceans which generally confirm existing maritime law and practice and fairly bal­ ance the interests of all states. Today I am announcing three decisions to promote and protect the oceans interests of the United States in a manner consistent with those fair- and balanced results in the Convention and international law. FU'St, the United States is prepared to accept and act in accordance with the bal­ ance of interests relating to traditional uses of the oceaDS such as navigation and over­ £light. In this respect. the United States will recognize the rights of other states in the waters off their coasts, as reflected in the Convention, so long as the rights and free­ doms of the United States and others under international law are recognized by such coastal states. Second, the United States will exercise and assert its navigation and overflight rights and freedoms on a worldwide basis in a manner that is consistent with the balance of interests reflected in the convention. The United States will not, however, acquiesce in unilateral acts of other states designed to restrict the rights and f:-~oms of the in ternational community ..'1 navigation and overflight and other related high seas uses. Third, I am proclaiming today an Exclu­ sive Economic Zone in which the United States will exercise sovereign rights in living and nonliving resources within 200 nautical • miles of its coast. This will provide United States jurisdiction for mineral resources out to 200 nautical miles that are not on the continental shelf. Recently discovered de­ posits there could be an important future source of strategic minerals. Within this Zone all nations will continue to enjoy the high seas rights and freedoms that are not resource related. including the freedoms of navigation and overflight. My proclamation does not change existing United States policies concerning the conti­ nental shelf, marine mammals and fisher­ ies, including highly migratory species of tuna which are not subject to United States jurisdiction. The United States will continue efforts to achieve international agreements for the effective management of these spe­ cies. The proclamation also reinforces this government's policy of promoting the United States fishing industry. While international law provides for a right of jurisdiction over marine scientific research within such a zone, the proclama­ tion does not assert this right. I have elect­ ed not to do so because of the United States interest in encouraging marine scientific re­ search and avoiding any unneccessary bur­ dens. The United States will nevertheless recognize the right of other coastal states to exercise jurisdiction over marine scientific research within 200 nautical miles of their coasts, if that jurisdiction is exercised rea­ sonably in a manner consistent with inter­ national law. The Exclusive Economic Zone established today will also enable the United States to take limited additional steps to protect the marine environment. In this connection, the United States will continue to work through the International Maritime Organi­ zation and other appropriate international organizations to develop uniform interna­ tional measures for the protection of the marine environment while imposing no un­ reasonable burdens on commercial ship­ ping. The policy decisions I am announcing today will not affect the application of exist­ ing United States law concerning the high seas or existing authorities of any United States Government agency. In addition to the above policy steps, the United States will continue to work with other c::;.uIltries to develop a regime, free of unnecessary po li tical and economic re­ straints, for mining deep seac-ed mine rals * [Reproduced fr,Y"" -'::h~ ~'lee'kly Compilation of ?:::-~ ~ identia1 :::>::.CLiGC=:itS.-/ V0} ',",-,c= Numbe r 10 (Ha.cc~: 192') \ J ?-:,. 383-83. beyond national jurisdiction. Deep seabed mining remains a lawful exercise of the freedom of the high seas open to all nations.. The United States will continue to allow its firms to explore for and, when the market permits, exploit these resources. The administration looks forward to working with the Congress on legislation to implement these new policies. Exclusive Economic Zone of the United States of America Proclamation 5030. March 10, 1983 By the President of the United States ofAmerica A Proclamation Whereas the Government of the United States of America desires to facilitate the wise development and use of the oceans consistent with international law; Whereas international law recognizes that, in a zone beyond its territory and adja­ cent to its territorial sea, known as the Ex­ clusive Economic Zone, a coastal State may assert certain sovereign rights over natural resources and related jurisdiction; and Whereas the establishment of an Exclu­ sive Economic Zone by the United States will advance the development of ocean re­ sources and promote the protection of the marine environment, while not affecting other lawful uses of the zone, including the freedoms of navigation and overflight, by other States; Now, Therefore, I, Ronald Reagan, by the authority vested in me as President by the Constitution and laws of the United States of America, do hereby proclaim the sover­ eign rights and jurisdiction of the United States of America and confirm also the rights and freedoms of all States within an Exclusive Economic Zone, as described herein. The Exclusive Economic Zone of the United States is a zone contiguous to the territorial sea, including zones contiguous to the territorial sea of the United States, the Commonwealth of Puerto Rico, the Com­ monwealth of the Northern Mariana Islands (to the extent consistent with the Covenant and the United Nations Trusteeship Agree­ ment), and United States overseas territor­ ies and possessions. The Exclusive Econom­ ic Zone extends to a distance ~OO nautical miles from the baseline from which the breadth of the territorial sea is measured. In cases where the maritime boundary with a neighboring State remains to be deter­ mined, the boundary of the Exclusive Eco­ nomic Zone :=--c.!! be determined by the United States ar..: other State concerned in accordance with > , "'lh1~ nc';:c:;J:::'. Within the Exclusive Economic Zone, ti-e-~ United States has, to the extent permitted by international law, (a) sovereign rights for the purpose of exploring, exploiting, con­ serving and managing natural resources. both living and non-living, of the seabed and subsoil and the superjacent waters and with regard to other activities for the eco­ nomic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; and (b) juris­ diction with regard to the establishment and use of artificial islands, and installations and structures ha..ing economic purposes. and the protection and preservation of the marine environment. This Proclamation does not change exist­ ing United States policies concerning the continental shelf, marine mammals and fish­ eries, including highly migratory species of tuna which are not subject to United States jurisdiction and require international agree­ ments for effective management. The United States will exercise these sov­ ereign rights and jurisdiction in accordance with the rules of intemationallaw. Without prejudice to the sovereign rights and jurisdiction of the United States, the Exclusive Economic Zone remains an area beyond the territory and territorial sea of the United States in which all States enjoy the high seas freedoms of navigation, over­ flight, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea. In Witness Whereof, I have hereunto set my hand this tenth day of March, in the year of our Lord nineteen hundred and eighty­ three, and of the Independence of the United States of America the two hundred and seventh. Ronald Reagan beyond national jurisdiction. Deep seabed. mining remains a lawful exercise of the freedom of the high seas open to 'all nations. The United States will continue to allow its firms to explore for and, when the market permits, exploit these resources. The administration looks forward to working with the Congress on legislation to implement these new policies. Exclusive Economic Zone of the United States of America Proclamation 5030. March 10, 1983 By the President of the United States ofAmerica A Proclamation Whereas the Government of the United States of America desires to facilitate the wise development and use of the oceans consistent with international law; Whereas international law recognizes that, in a zone beyond its territory and adja­ cent to its territorial sea, known as the Ex­ clusive Economic Zone, a coastal State may assert certain sovereign rights over natural resources and related jurisdiction; and Whereas the establishment of an Exclu­ sive Economic Zone by the United States will advance the development of ocean re­ sources and promote the protection of the marine environment, while not affecting other lawful uses of the zone, including the freedoms of navigation and overflight, by other States; Now, Therefore, I, Ronald Reagan, by the authority vested in me as President by the Constitution and laws of the United States of America, do hereby proclaim the sover­ eign rights and jurisdiction of the United States or America and confirm also the rights and freedoms of all States within an Exclusive Economic Zone, as described. herein. The Exclusive Economic Zone of the United States is a zone contiguous to the territorial sea, including zones contiguous to the territorial sea of the United States, the Commonwealth of Puerto Rico, the Com­ monwealth of the Northern Mariana Islands (to the extent consistent with the Covenant and the United Nations Trusteeship Agree­ ment), and United States overseas territor­ ies and possessions. The Exclusive Econom­ ic Zone extends to a distance ~oo nautical miles from the baseline from which the breadth of the territorial sea is measured. In cases where the maritime boundary with a neighboring State remains to be deter­ mined, the boundary of the Exclusive Eco­ nomic Zone ::-.:<'\ ~ determined by the United States a:~:: other State concerned in accordance With . "'lh~~ n:-'::, :/-.:,. Within the Exclusive Economic Zone, tr,..:. United States has, to the extent permitted by international law, (a) sovereign rights for the purpose of exploring, exploiting, con­ serving and managing natural resources, both living and non-living, of the seabed. and subsoil and the superjacent waters and with regard to other activities for the eco­ nomic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; and (b) juris­ diction with regard to the establishment and use of artificial islands, and installations and structures having economic purposes. and the protection and preservation of the marine environment. This Proclamation does not change exist­ ing United States policies concerning the continental shelf, marine mammals and fish­ eries. including highly migratory species of tuna which are not subject to United States jurisdiction and require international agree­ ments for effective management. The United States will exercise these sov­ ereign rights and jurisdiction in accordance with the rules of intemationallaw. Without prejudice to the sovereign rights and jurisdiction of the United States, the Exclusive Economic Zone remains an area beyond the territory and territorial sea of the United States in which all States enjoy the high seas freedoms of navigation, over­ flight, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea. In Witness 'Whereof, I have hereunto set my hand this tenth day of March, in the year of our Lord nineteen hundred and eighty­ three, and of the Independence of the United States of America the two hundred and sev enth. Ronald Reagan