Republic of the Marshall Islands Maritime Zones Declaration Act 2016.2016. 33MIRCCh.1Index
TITLE 33 - MARINE ZONES AND PROTECTION OF MAMMALS
CHAPTER 1 - MARITIME ZONE DECLARATION
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
REPUBLIC OF THE MARSHALL ISLANDS MARITIME
ZONES DECLARATION ACT 2016.
Index
Section Page
§101. Short Title .............................................................................................................................. 3
§102. Interpretation ........................................................................................................................ 3
§103. References to International Law ......................................................................................... 4
§104. Application of this Act ......................................................................................................... 5
PART 2 5
§105. Local Government Waters .................................................................................................. 5
PART 3 5
§106. The Territorial Sea ................................................................................................................ 5
§107. Baselines of the Territorial Sea ........................................................................................... 6
§108. Internal waters ...................................................................................................................... 6
PART 4 7
§109. Archipelagic Waters ............................................................................................................. 7
§110. Reserved ................................................................................................................................ 7
PART 5 7
§111. Contiguous Zone .................................................................................................................. 7
PART 6 7
§112. Exclusive Economic Zone.................................................................................................... 7
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2016.
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PART 7 8
§113. Continental Shelf .................................................................................................................. 8
PART 8 8
§114. Legal Character of Maritime Zones ................................................................................... 8
§115. Rights in the Contiguous Zone Within the contiguous zone, the Republic has
all rights necessary: .............................................................................................................. 9
§116. Rights in the Exclusive Economic Zone and Continental Shelf .................................... 9
§117. Rights of other States in Maritime Zones ....................................................................... 10
PART 9 11
§118. Declarations and official charts ........................................................................................ 11
§119. Evidentiary provisions ...................................................................................................... 12
§120. Repeal of Marine Zones (Declaration) Act 1984 ............................................................ 12
§121. Consequential amendments ............................................................................................. 12
§122. Regulations ......................................................................................................................... 13
2016. 33MIRCCh.1§101
TITLE 33 - MARINE ZONES AND PROTECTION OF MAMMALS
CHAPTER 1 - MARITIME ZONE DECLARATION
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
REPUBLIC OF THE MARSHALL ISLANDS MARITIME
ZONES DECLARATION ACT 2016.
AN ACT to amend Chapter 1, Title 33 of the MIRC by repealing the Marine Zones
Act of 1984, and replace with the Maritime Zones Declaration Act to provide for all
the internal waters, the archipelagic waters, the territorial sea, the contiguous zone,
the exclusive economic zone, and the continental shelf of the Republic of the
Republic of the Marshall Islands.
Commencement: March 28,
2016
Source: P.L. 2016-0005
§101. Short Title
This Act may be cited as the Republic of the Marshall Islands Maritime Zones
Declaration Act 2016.
§102. Interpretation
(1) In this Act:
(a) “archipelago” means a group of islands, including parts of
islands, interconnecting waters and other natural features,
which are so closely interrelated that they form an intrinsic
geographical, economic and political entity, or have
historically been regarded as such;
(b) “local government waters” means the waters lying within the
jurisdiction of a local government pursuant to Article IX,
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2016.
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subsections 1(2) and (3) of the Constitution of the Republic of
the Marshall Islands;
(c) “conservation and management” includes all rules,
regulations methods and measures that:
(i) are required to build, restore or maintain, or are useful
in building, restoring or maintaining, any fishery
resources or the marine environment.
(ii) are designed to ensure that:
(A) a supply of food and other products may be
taken, and recreational benefits obtained, on a
continuing basis;
(B) Irreversible or long-term ill effects on fishery
resources or the marine environment are
avoided; and
(C) there will be a multiplicity of options available
with respect to use of those resources.
(d) “Fishery resource” means any fishery, stock of fish, species of
fish or habitat of fish;
(e) “geodetic datum” means World Geodetic System 1984
(WGS84);
(f) “lagoon” means the waters lying within the reef of an atoll;
(g) “low-water line” means the line of low water at the lowest
astronomical tide;
(h) “nautical mile” means an international nautical mile of 1,852
metres;
(i) “the Minister” means the Minister or Ministers in charge of
the subject matters of this Act.
(2) For the purposes of this Act, permanent harbor works that form an
integral part of a harbor system shall be regarded as forming part of
the coast, but this subsection does not apply to off-shore installations
or artificial islands.
§103. References to International Law
Where in this Act it is provided that anything shall be done by the
Government of the Marshall Islands or by Cabinet, or any law or order shall
2016. 33MIRCCh.1§104
be made, or any other thing shall be done, in accordance with the rules of
international law, the question whether it was so done or made, is non-
justiciable.
§104. Application of this Act
The provisions of this Act shall be read subject to the provisions of any other
treaty or international obligation which is finally accepted by or on behalf of
the Republic and approved by the Nitijela by Resolution.
PART 2
LOCAL GOVERNMENT WATERS
§105. Local Government Waters
The Minister may confirm by declaration the outer limits of waters lying
within the jurisdiction of a local government pursuant to Article IX, section
1(2) and (3) of the Constitution of the Republic of the Marshall Islands. Such
a declaration shall only be made following consultation between the
National Government and the relevant local government.
PART 3
TERRITORIAL SEA
§106. The Territorial Sea
(1) Subject to subsection (2), the territorial sea comprises those areas of
the sea having:
(a) as their inner limits, the baseline described in section 107(1);
and
(b) as their outer limits, a line measured seaward from that
baseline, every point of which is distant 12 nautical miles from
the nearest point of that baseline.
(2) Where archipelagic baselines are drawn pursuant to section 107(2),
the territorial sea comprises those areas of the sea referred to in
subsection (1) above and, to the extent that they are not thereby
included, those additional areas of the sea having:
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2016.
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(a) as their inner limits, archipelagic baselines referred to in
section 107(2); and
(b) as their outer limits, a line measured seaward from those
archipelagic baselines, every point of which is distant 12
nautical miles from the nearest point of those archipelagic
baselines.
§107. Baselines of the Territorial Sea
(1) Subject to subsection (2) below, the baseline from which the breadth
of the territorial sea is measured shall be:
(a) where a reef is present
(i) the low-water line of the seaward side of the reef
fringing the coast of any part of the Republic or
bounding any lagoon adjacent to any part of that coast;
and
(ii) where there are breaks in reefs or entrances to lagoons,
any closing lines drawn between the natural entrance
points at low water or between the geographic
coordinates of points declared by order of the Minister;
or
(b) where a reef is not present, the low-water line of the coast itself
and outermost permanent harbour works.
(2) Where there is an archipelago, the Minister may, by order, declare, in
accordance with international law, the geographic coordinates of
points between which archipelagic baselines are to be drawn.
(3) Archipelagic baselines drawn pursuant to subsection (2) above shall
not affect the baselines referred to in Article IX, subsection 1(2) of the
Constitution of the Republic of the Marshall Islands.
§108. Internal waters
The internal waters of the Republic are all waters on the landward side of
the low-water line and closing lines described in section 107(1), including
lagoons.
2016. 33MIRCCh.1§109
PART 4
ARCHIPELAGIC WATERS
§109. Archipelagic Waters
The archipelagic waters of the Republic comprise all waters, other than
internal waters, enclosed by the archipelagic baselines drawn pursuant to
section 107(2).
§110. Reserved
PART 5
CONTIGUOUS ZONE
§111. Contiguous Zone
(1) Subject to subsection (2) below, the contiguous zone of the Republic
comprises those areas of the sea that are beyond and adjacent to the
territorial sea, having as their outer limits a line measured seaward
from the baseline described in section 107(1)every point of which is
distant 24 nautical miles from the nearest point of that baseline.
(2) Where an archipelagic baseline isdrawn pursuant to section 107(2),
the outer limits of the contiguous zone are a line measured seaward
from that archipelagic baseline, every point of which is distant 24
nautical miles from the nearest point of that archipelagic baseline.
PART 6
EXCLUSIVE ECONOMIC ZONE
§112. Exclusive Economic Zone
(1) Subject to subsections (2) and (3) below, the exclusive economic zone
of the Republic comprises those areas of the sea, seabed and subsoil
that are beyond and adjacent to the territorial sea, having as their
outer limits a line measured seaward from the baseline described in
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2016.
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section 107(1), every point of which is not more than 200 nautical
miles from the nearest point of that baseline.
(2) Where an archipelagic baseline is drawn pursuant to section 107(2),
the outer limits of the exclusive economic zone are a line measured
seaward from that archipelagic baseline, every point of which is not
more than 200 nautical miles from the nearest point of that
archipelagic baseline.
(3) The Minister may, by order, declare that the outer limits of the
exclusive economic zone of the Republic are such as are specified in
the order.
PART 7
CONTINENTAL SHELF
§113. Continental Shelf
(1) Subject to subsections (2) and (3), the continental shelf of the Republic
comprises those parts of the seabed and subsoil of the submarine
areas beyond and adjacent to the territorial sea, having as their outer
limits a line measured seaward from the baseline described in section
107(1), every point of which is not more than 200 nautical miles from
the nearest point of that baseline.
(2) Where an archipelagic baseline is drawn pursuant to section 107(2),
the outer limits of the continental shelf are a line measured seaward
from that archipelagic baseline, every point of which is not more than
200 nautical miles from the nearest point of that archipelagic baseline.
(3) The Minister may, by order, declare that the outer limits of the
continental shelf of the Republic are such as are specified in the order.
PART 8
RIGHTS IN THE MARITIME ZONES
§114. Legal Character of Maritime Zones
The sovereignty of the Republic of the Marshall Islands extends to its land
areas, internal waters, local government waters, territorial sea and
2016. 33MIRCCh.1§115
archipelagic waters, and to the airspace over them and the seabed and
subsoil under them, and the resources contained in them.
§115. Rights in the Contiguous Zone Within the contiguous zone, the
Republic has all rights necessary:
(a) to prevent infringement of its customs, fiscal, immigration and
sanitary laws and regulations within its land areas, territorial
sea and archipelagic waters; and
(b) to punish any such infringement, and all relevant laws of the
Republic extend to the contiguous zone accordingly.
§116. Rights in the Exclusive Economic Zone and Continental Shelf
(1) Within the exclusive economic zone, the Republic has sovereign
rights:
(a) for the purposes of exploring and exploiting, conserving and
managing the natural resources, whether living or non-living,
of –
(i) the seabed;
(ii) the subsoil under the seabed; and
(iii) the waters over the seabed; and
(b) with regard to other activities for the economic exploitation
and exploration of the zone, such as the production of energy
from the water, currents and winds.
(2) Within the continental shelf, the Republic has:
(a) sovereign rights for the purpose of exploring it and exploiting
its natural resources; and
(b) exclusive rights to authorise and regulate drilling on it for all
purposes.
(3) Within the exclusive economic zone and the continental shelf, the
Republic has the exclusive right to construct, authorise and regulate
the construction, operation and use of:
(a) artificial islands;
(b) installations and structures for the purposes provided in
subsection (1), marine scientific research, the protection and
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2016.
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preservation of the marine environment and other economic
purposes; and
(c) installations and structures which may interfere with the
Republic’s exercise of its rights in the exclusive economic zone
or continental shelf.
(4) Within the exclusive economic zone and continental shelf, the
Republic has exclusive jurisdiction over the artificial islands,
installations and structures referred to in subsection (3), including
jurisdiction with regard to customs, fiscal, health, safety and
immigration laws and regulations.
(5) Within the exclusive economic zone and continental shelf, the
Republic:
(a) has jurisdiction with respect to protection and preservation of
the marine environment, and
(b) has the right to regulate, authorise and conduct marine
scientific research.
(6) Within the contiguous zone, the exclusive economic zone and the
continental shelf, the Republic has such other rights as are conferred
or recognised by international law.
§117. Rights of other States in Maritime Zones
(1) The Minister may, by order:
(a) designate sea lanes and air routes suitable for the continuous
and expeditious passage of foreign ships and aircraft through
and over the archipelagic waters and the adjacent territorial
sea;
(b) prescribe traffic separation schemes for the purpose of
ensuring the safe passage of ships through narrow channels in
any such sea lanes; and
(c) prescribe sea lanes and traffic separation schemes for foreign
ships exercising the right of innocent passage through the
territorial sea.
(2) In sea lanes and air routes designated under subsections (1)(a) and
(1)(b), all ships and aircraft may, in accordance with international
law, enjoy the right of navigation and over flight, in their normal
2016. 33MIRCCh.1§118
modes, for the purpose of continuous, expeditious and unobstructed
transit through and over the archipelagic waters and the adjacent
territorial sea, from one part of the high seas or exclusive economic
zone to another part of the high seas or exclusive economic zone.
(3) Until sea lanes and air routes are designated under subsections (1)(a)
and (1)(b), the rights of navigation and over flight referred to in
subsection (2) may be exercised through and over all routes normally
used for international navigation and over flight.
(4) Subject to subsections (2) and (3), ships of all States have, in
accordance with international law, the right of innocent passage
through the territorial sea and the archipelagic waters of the
Republic.
(5) Subject to this Act, any other law of the Republic, and international
law, all States shall enjoy in the exclusive economic zone the high
seas freedoms, navigation and over flight and of the laying of
submarine cables and pipelines, and all other internationally lawful
uses of the sea related to those freedoms.
(6) Subject to this Act and any other law of the Republic all States may
lay submarine cables and pipelines on the continental shelf in
accordance with international law.
PART 9
DECLARATIONS, REPEAL OF MARINE ZONES (DECLARATION) ACT AND
REGULATIONS
§118. Declarations and official charts
(1) The Minister may, by order, declare:
(a) the geographic coordinates of the points on the baseline
described in section 107(1); or
(b) the geographic coordinates of the limits of the whole or any
part of the local government waters, territorial sea,
archipelagic waters, the contiguous zone, the exclusive
economic zone and the continental shelf.
(2) The Minister may cause the points, lines or limits declared pursuant
to sections 107(1), 107(2), 112(3), 113(3), and 118(1) to be clearly
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indicated on charts of a scale or scales adequate for them to be readily
determined.
§119. Evidentiary provisions
In any proceedings before a court or person acting judicially, a certificate
signed by the Minister stating that a specified nautical chart is a chart to
which section 118(2) applies is evidence of the matters stated in the
certificate, and the chart is evidence of the matters set out in it.
§120. Repeal of Marine Zones (Declaration) Act 1984
The Marine Zones (Declaration) Act 1984 is repealed in its entirety.
§121. Consequential amendments
A reference to the Marine Zones Declaration Act 1984 in any laws of the
Republic shall be read as a reference to this Act.
Section 605(1)(d) of the Admiralty Jurisdiction Act 1986 is amended by
deleting ‘as defined in the Marine Zones (Declaration) Act 1984’ andafter the
words ‘territorial sea’ inserting ‘and archipelagic waters as defined in the
Maritime Zones Declaration Act 2016.’
Section 302 of the Tuna and Game-Fish Conservation Zone Act 1996 is amended
by inserting ‘(1A) For the purposes of this Chapter, ‚base line‛ means the
baseline referred to in section 106(1) of the Maritime Zones Declaration Act
2016.’
Section 113(c) of the Regulation and Control of Shipping Act 1966 is amended
by deleting ‘as defined and described in Section 107 of the Marine Zones
(Declaration) Act 1984’ and after the words ‘territorial sea’ inserting ‘and
archipelagic waters as defined in the Maritime Zones Declaration Act 2016.’
Section 130(1) of the Environmental Protection Authority Act 1984 is amended
bydeleting ‘territorial waters’ and inserting ‘waters within the jurisdiction of
the Republic.’
The Coast Conservation Act 1988 is amended as follows:
Section 302 insert ‘s.302(aa) ‚archipelagic waters‛ means the area of sea
declared to be the archipelagic waters of the Republic of the Marshall
Islands under the Maritime Zones Declaration Act 2016’;
2016. 33MIRCCh.1§122
Section 302(m) delete the definition of ‚straight base line‛; and Section 328
after ‘territorial sea’ insert ‘and archipelagic waters.’
Section 112(7) of the Maritime Administration Act 1990 is amended by
inserting after ‘territorial waters’ the words ‘, archipelagic waters’.
Section 903(4)(iii) of the Domestic Watercraft Act 1992 is amended by deleting
‘territorial waters, and exclusive economic zone as defined in the Marine
Zones (Declaration) Act 1984’ and inserting ‘archipelagic waters, territorial
sea and exclusive economic zone as defined in the Maritime Zones Declaration
Act 2016’ .
The Marine Resources Act 1997 is amended as follows:
Section 25(4)(e)(i) delete ‘five miles of the baseline from which the territorial
sea is measured’ and replace with ‘local government waters’;
Section 43(1) delete ‘five miles of the baseline from which the territorial sea
of any atoll or island is measured’ and replace with ‘local government
waters’;
Section 43(2) delete ‘internal waters and with its waters up to five miles
seaward of the baseline from which the territorial sea is measured’ and
replace with ‘local government waters’; and Section 43(5) delete ‘extending
up to five miles seaward from the baseline from which the territorial sea is
measured’ and replace with ‘local government waters’.
§122. Regulations
The Minister may make regulations to give effect to this Act, including but
not limited to the following:
(a) regulating the conduct of marine scientific research within the
exclusive economic zone and continental shelf;
(b) regulating the exploration and exploitation, conservation and
management of the natural resources within the exclusive
economic zone;
(c) regulating the exploration and exploitation of the exclusive
economic zone for the production of energy from the water,
currents and winds, and for other economic purposes;
(d) regulating the construction, operation and use of artificial
islands, installations and structures within the exclusive
economic zone and the continental shelf, including
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2016.
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requirements for the establishment of safety zones around any
such island, installation or structure;
(e) prescribing measures for the protection and preservation of
the marine environment of the exclusive economic zone and
continental shelf;
(f) regulating the exploration and exploitation of the continental
shelf and of its natural resources;
(g) regulating drilling on the continental shelf; and
(h) providing for such other matters as are necessary or expedient
to give effect to the rights and obligations of the Republic in
relation to its internal waters, local government waters,
archipelagic waters, territorial sea, contiguous zone, exclusive
economic zone and continental shelf, or as are necessary to
give full effect to the provisions of this Act..