U. S. Delegation Report, 3d U.N. Conference on the Law of the Sea, 5th Sess., Aug. 2-Sept. 17, 1976, pp. 9-10, Dept. of State File D/LOS. For the RSNT produced at the 4th Sess., Mar. 15-May 7, 1976, see U.N. Doc. A/CONF.62/WP.8/Rev.1/Part II, May 6, 1976, pp. 26-35. The Continental Margin Negotiations concerning the continental margin at the fifth session of the Third U.N. Conference on the Law of the Sea focused on two questions. The first was the definition of the outer limits of the continental margin where it extends beyond 200 miles. The second involved revenue sharing from mineral exploitation on the margin beyond 200 nautical miles. Although the United States does not have an extensive margin beyond 200 miles, it worked for a compromise between the broad-margin states, which favored exclusive control over resources throughout the broadest reaches of the margin, and narrow-margin states (including landlocked and geographically disadvantaged states) which wished to insure that significant resources be retained for the common heritage of mankind. The following is an excerpt from the U.S. Delegation Report on the session: The United States has supported a compromise which would define the legal limit of the continental margin where it extends beyond 200 miles, either at a fixed distance from the foot of the slope, or at a fixed thickness of sediment. As a necessary adjunct to this formula, the treaty would provide for a sharing of revenues derived from mineral production from the margin beyond 200 nautical miles with the international community. The formula which was the primary focus of attention called for revenue sharing of one percent of the value of production at the site in the sixth year of production, increasing in annual increments of one percent to the maximum of five percent in the tenth year and thereafter. The concepts of these formulae seem to be gaining substantial support. The organization(s) which would collect and distribute revenues has yet to be agreed. Discussion, however, did focus on both the regional and other development organizations and the International Seabed Resource Authority (ISRA) as mediums of distribution. It is an important element in the accommodation that all areas of the margin beyond 200 miles which would be recognized as under coastal state jurisdiction for resource purposes be subject to revenue sharing obligations. If certain large areas of the margin under coastal state resource jurisdiction are excluded, the revenues for the international community will be significantly reduced. * U.S. Delegation Report, 3d U.N. Conference on the Law of the Sea, 5th Sess., Aug. 2-Sept. 17, 1976, pp. 10-11, Dept. of State File D/LOS. Maritime Jurisdiction U.S.-Canada Maritime Boundaries On November 4, 1976, the Department of State published in the Federal Register the coordinates of the boundaries of the continental shelf and fisheries jurisdiction asserted by the United States in the areas off the coasts of the United States and Canada. The publication was made in view of the publication by Canada on November 1, 1976, of an order giving the 60-day advance notice required by Canadian law of the 200-mile fisheries zones it intended to implement on January 1, 1977. The Canadian order sets out the lateral limits of the zones asserted by Canada in the Atlantic and Pacific Oceans, including areas off the coasts of the United States. The notices were issued while maritime boundary and related resource questions continued under discussion between the two countries, without agreement having been reached on continental shelf or fisheries zone boundaries. In a number of areas, the asserted coordinates are different. Each notice makes clear that the assertions of jurisdiction are without prejudice to the negotiation of any maritime boundary between the two countries. The U.S. notice, dated November 1, 1976, and issued by Monroe Leigh, Legal Adviser of the Department of State, stated, in part: The Fishery Conservation and Management Act of 1976 (Pub. L. 94-265) establishes a fishery conservation zone contiguous to the territorial sea of the United States, effective March 1, 1977, the outer boundary of which is a line drawn in such a manner that each point on it is 200 nautical miles from the base-line from which the territorial sea is measured. The United States exercises sovereign rights, in accordance with international law, over the continental shelf appertaining to the United States for the purpose of exploring it and exploiting its natural resources. The Government of the United States of America has been, is, and will be engaged in consultations and negotiations with the governments of neighboring countries, concerning the delimitation of areas subject to the respective jurisdiction of the United States and of these countries. The Government of the United States of America intends in due course to determine and publish the limits of the entire fishery conservation zone off its coast. The Government of Canada, on November 1, 1976, announced in an Order-in-Council the extent of the fishery zone to be asserted by Canada which will become effective January 1, 1977. The United States and Canada have not agreed on maritime boundaries and the United States does not accept all of the coordinates published by Canada on November 1. Therefore, in order to protect the rights of the United States and those of its nationals, the Department of State, on behalf of the Government of the United States of America, hereby announces the lateral limits, in certain maritime areas off the coasts of the United States adjacent to areas off the coasts of Canada within which the United States will exercise its fishery management authority and its sovereign rights over the continental shelf for the purpose of exploring it and exploiting its natural resources in accordance with international law. The limits of the maritime jurisdiction of the United States as set forth below are intended to be without prejudice to any negotiations with Canada or to any positions which may have been or may be adopted respecting the limits of maritime jurisdiction in such areas. The limits specified are in four areas: U.S.-Canada Gulf of Maine 1 and 2, U.S.-Canada Juan de Fuca 2, U.S.-Canada Dixon Entrance 2, and U.S.-Canada Beaufort Sea 2. Fed. Reg., Vol. 41, No. 214, Nov. 4, 1976, pp. 48619-48620. The following footnotes are appended to the Department's notice: 1. In view of the fact that the claimed boundaries published by the United States and Canada would leave an unclaimed area within the Gulf of Maine, the United States will exercise its fisheries management jurisdiction to the Canadian-claimed line where that line is situated eastward of the United States-Canadian-claimed line, until such time as a permanent maritime boundary with Canada is established in the Gulf of Maine. 2. Where the continental shelf extends beyond 200 miles the claimed continental shelf boundary of the United States will extend to the seaward limit of the continental shelf in accordance with international law and in a direction determined by application of the principles by which the described boundary segment is determined. The Department of State issued on November 4, 1976, the following press release on maritime boundaries between the United States and Canada: On November 1, Canada published an order giving the 60-day advance notice required by Canadian law of the 200-mile fisheries zones it intends to implement on January 1, 1977. The order sets out the lateral limits of the zones asserted by Canada in the Atlantic and Pacific Oceans, including areas off the coasts of the United States. The United States and Canada have had maritime boundary and related resource questions under active discussion for a number of months, but we have not yet reached agreement on our continental shelf or fisheries zone boundaries. Thus the United States does not accept all of the limits published by Canada. In view of the Canadian publication the Department of State has today published in the Federal Register the coordinates of the boundaries of the continental shelf and fisheries jurisdiction asserted by the United States in areas off the coasts of the United States and Canada. In a number of areas, the coordinates are different. The two Governments are thus taking steps to ensure that their assertions of jurisdiction will not prejudice the claims or interests of either party or adversely affect our ongoing negotiations. To this end, the Canadian order and the United States Federal Register notice each make clear that these assertions of jurisdiction are without prejudice to the negotiation of any maritime boundary between the two countries. The two Governments recognize the need to continue serious and active negotiations toward a mutually acceptable boundary settlement mindful that the two Governments will need to consider third party procedures if the negotiations do not make progress. The two Governments are also continuing negotiations of mutually acceptable long term arrangements in respect of living and nonliving resources. In the meantime, they are also negotiating mutually acceptable interim fisheries arrangements. Both countries will also avoid steps for the time being relating to the development of nonliving resources in the boundary areas concerned which could prejudice negotiation of a boundary settlement. The United States will continue negotiation of these offshore issues in confidence that the important national interest of each country in the cooperative development of our offshore resources will lead the United States and Canada to a mutually agreeable and beneficial resolution of these questions. Dept. of State Bulletin, Vol. LXXV, No. 1953, Nov. 29, 1976, p. 667. U.S.-Mexico Maritime Boundaries The United States and Mexico, on November 24, 1976, exchanged notes on provisional maritime boundaries (entered into force November 24, 1976). The boundaries were intended to be utilized until certain technical work could be completed, and pending the coming into force of a maritime boundary treaty in accordance with the constitutional processes of both countries. The provisional boundaries are in the Pacific Ocean, the Western Gulf of Mexico, and the Eastern Gulf of Mexico. They extend to 200 nautical miles seaward from the baselines used to measure the breadth of the Territorial Sea. Their establishment was made necessary by the U.S. Fishery Conservation and Management Act of 1976 (90 Stat. 331; 16 U.S.C. 1801 et seq.) establishing a Fishery Conservation Zone off the coast of the United States, and the Mexican Decree adding to Article 27 of the Political Constitution of Mexico to establish an Exclusive Economic Zone of Mexico outside the Territorial Sea. The notes were exchanged simultaneously with signature of the U.S.-Mexico fishery agreement establishing principles and procedures for fishing by U.S. vessels within 200 miles of Mexico. See post, p. 360. The Mexican note (in English translation), to which the U.S. note expressed agreement, stated, in part: [O]ur two countries have not yet delimited their respective Continental Shelves beyond 12 nautical miles seaward from the respective coasts and the present arrangement with respect to maritime boundaries, based on the Treaty to resolve pending boundary differences and maintain the Rio Grande and Colorado Rivers as the International Boundary, concluded in 1970 [TIAS 7313, 23 UST 371] only extends the maritime boundary 12 nautical miles. Inasmuch as the Mexican Government has established, by means of the Decree of June 7, 1976, the outer limits of the Exclusive Economic Zone of Mexico, and taking into account the fact that those limits include three segments contiguous to the Fishery Conservation Zone of the United States of America, which will become effective on March 1, 1977, the Mexican authorities deem it desirable to establish at this time the maritime boundaries between the two countries in the Pacific Ocean and the Gulf of Mexico out to 200 nautical miles seaward counting from the baselines used to measure the breadth of the Territorial Sea. Taking into account the fact that all the necessary technical work entailed in such definitive delimitation could not be completed before the entry into force of the Fishery Conservation Zone of the United States of America, I take the liberty of proposing that, pending final determination by treaty of the Maritime Boundaries between the two countries off both coasts, the following lines be provisionally recognized as such boundaries: In the Pacific Ocean: (a) A geodesic line from 32°35'22.11" north latitude, 117°27'49.42" west longitude, to 32°37'37.00" north latitude, 117°49'31.00" west longitude: (b) A geodesic line from 32°37'37.00" north latitude, 117°49' 31.00" west longitude; to 31°07'58.00" north latitude, 118°36'18.00" west longitude; (c) A geodesic line from 31°07'58.00" north latitude, 118° 36'18.00" west longitude; to 30°32'31.20" north latitude, 121°51'58.37" west longitude; In the Western Gulf of Mexico: (a) A geodesic line from 25°53'30.57" north latitude, 96°55'27.37" west longitude; to 26°00'31.00" north latitude, 96°49'29.00" west longitude; (b) A geodesic line from 26°00'31.00" north latitude, 96°48'29.00" west longitude; to 26°00'30.00" north latitude, 95°39'26.00" west longitude. (c) A geodesic line from 26°00'30.00" north latitude; 95°39'26.00" |