1 Guam Code Ann. § 402
Terms Used In 1 Guam Code Ann. § 402
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) The boundaries of Guam run two hundred (200) nautical miles seaward from the low-water line; provided, however. that where there are islands or reefs along or adjacent to the shores of Guam, the boundary line runs two hundred (200) nautical miles seaward from the outermost of such islands or reefs; provided, further, that in the case of all harbors and bays, the boundary line runs two hundred (200) nautical miles seaward from a line drawn in front of each harbor along the outermost works and installations thereof and two hundred (200) nautical miles seaward from a line drawn from headland to headland across the mouth of each bay.
(b) The territory of Guam shall exercise exclusive jurisdiction for the purpose of granting easements for undersea cables and pipelines, exploring, conserving, and managing the natural resources, whether living or non-living, of the waters super-adjacent to the sea-bed and its subsoil, and with regard to other activities for the economic exploration and exploitation of the zone, including, but not limited to, all sources of energy and prevention of pollution within the zone which poses a threat to the zone.
(c) The Governor of Guam is directed to represent the interests of the people of the territory of Guam consistent with the United Nations Convention on the Law of the Sea in all matters pertaining to negotiations affecting Guam’s ocean rights and responsibilities with the administering power, other States and non-State entities. The Governor is authorized to enter intocooperative agreements for the management, exploration, exploitation, and conservation of Guam’s ocean resources which represent the interest of the people of Guam; and further, may enter into agreements with respect to the rights and responsibilities of the United Nations Convention of the Law of the Sea which promotes international communication and respects the sovereignty of other States.
(i) Any agreement, entered into by the Governor or any agency, purporting to commit the Territory of Guam pursuant to authorization provided in Subsection (c) of this § 402, shall be subject to the Administrative Adjudication Law and shall require the subsequent concurrence of the Guam Legislature, as provided for in Article 3 of Chapter 9 of Title 5, Guam Code Ann. (Administrative Adjudication Law).
(d) The Governor shall create an EEZ planning task force, comprised of the Department of Agriculture, Department of Commerce, Bureau of Planning, University of Guam, Guam Environmental Protection Agency, and such other public agencies and members of the public as are necessary to develop an EEZ policy and implementation plan(s).
(i) This plan shall recommend policies for management, use, protection, enforcement, research, and implementation of activities in Guam’s EEZ.
(ii) Such policy and implementation plan(s) shall be submitted to the Governor and the Legislature as provided for under the provisions of Public Law 20-147, which established the process for comprehensive development planning on Guam.
(e) A nautical mile is defined as 1852 meters (6067.115 feet).
SOURCE: Former Govt. Code § 102, as modified. Amended by P.L. 15-
114, eff. 03/24/80. Subsection (b) added as Section 2 of P.L. 15-114. Subsection (a) amended by P.L. 23-17:2. Subsection (b) and (c) repealed/reenacted by P.L. 23-17:3-4. Subsection (d) added by P.L. 23-
17:5. Subsection (e) added by P.L. 23-17:6 (5/25/95).
COMMENT: (1981): This Section has used a new term geographical mile in place of the old nautical mile to conform with case law, federal and international usage. The distances the two terms reflect are identical.
The Governor, in a letter accompanying P.L. 15-114, stated: AAs a matter of policy, the territory of Guam is claiming exclusive rights to control the utilization of all ocean resources in a 200-mile zone surrounding the island.@
The Governor did recognize that this amendment is limited by reason of the Federal Fisheries Conservation and Management Act of 1976, but nonetheless signed the amendment as a declaration of Territorial Policies and goals.
COMMENT: (1995) The Legislative History (§ 1) to P.L. 23-17 states: Legislative Finding. Guam is on the United Nation’s List
of Non-Self-Governing Territories and remains an
unincorporated territory under the U.S. law; both statutes inherently are not self-governing. In this regard, as a territory, Guam has a particular personality under international law.
Concomitant to this personality are certain rights, including the protection of natural resources from external exploitation and the development of natural resources for the benefit, well- being and development of the people of the territory.
In 1981, through Guam Public Law 15-114, Guam claimed its right to jurisdiction of the islands 200 mile Exclusive Economic Zone (hereinafter Athe EEZ@). Later, on March 10, 1983, by Proclamation 5030, Guam’s administering power, The United States, inappropriately attempted to lay a claim to Guam’s EEZ. However, on July 29, 1994, Guam’s administering power signed the United Nations Convention on the Law of the Sea (hereinafter Athe UNCLOS@) without reservation. The UNCLOS governs all aspects of ocean space, including delimitations on environmental control, scientific research, economic and commercial activities, technology, and the settlement of disputes relating to ocean matters.
With respect to territories that are not self-governing, the United Nations Convention on the Law of the Sea declares that:
AIn the case of a territory whose people have not attained full independence or other self-governing status recognized by the United Nations, or a territory under colonial domination, provisions concerning rights and interests under the Convention shall be implemented for the benefit of the people of the territory with a view to promoting their well-being and development.@
(Final Act of the UNCLOS, Annex I, Resolution III, 1(a), emphasis added.)
The Guam Legislature finds that the government of the people of Guam is best suited, and is vested with the
right, to implement the necessary ocean policies which will promote the well-being and development of the people of Guam.
1 Guam Code Ann. § 402
Terms Used In 1 Guam Code Ann. § 402
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) The boundaries of Guam run two hundred (200) nautical miles seaward from the low-water line; provided, however. that where there are islands or reefs along or adjacent to the shores of Guam, the boundary line runs two hundred (200) nautical miles seaward from the outermost of such islands or reefs; provided, further, that in the case of all harbors and bays, the boundary line runs two hundred (200) nautical miles seaward from a line drawn in front of each harbor along the outermost works and installations thereof and two hundred (200) nautical miles seaward from a line drawn from headland to headland across the mouth of each bay.
(b) The territory of Guam shall exercise exclusive jurisdiction for the purpose of granting easements for undersea cables and pipelines, exploring, conserving, and managing the natural resources, whether living or non-living, of the waters super-adjacent to the sea-bed and its subsoil, and with regard to other activities for the economic exploration and exploitation of the zone, including, but not limited to, all sources of energy and prevention of pollution within the zone which poses a threat to the zone.
(c) The Governor of Guam is directed to represent the interests of the people of the territory of Guam consistent with the United Nations Convention on the Law of the Sea in all matters pertaining to negotiations affecting Guam’s ocean rights and responsibilities with the administering power, other States and non-State entities. The Governor is authorized to enter intocooperative agreements for the management, exploration, exploitation, and conservation of Guam’s ocean resources which represent the interest of the people of Guam; and further, may enter into agreements with respect to the rights and responsibilities of the United Nations Convention of the Law of the Sea which promotes international communication and respects the sovereignty of other States.
(i) Any agreement, entered into by the Governor or any agency, purporting to commit the Territory of Guam pursuant to authorization provided in Subsection (c) of this § 402, shall be subject to the Administrative Adjudication Law and shall require the subsequent concurrence of the Guam Legislature, as provided for in Article 3 of Chapter 9 of Title 5, Guam Code Ann. (Administrative Adjudication Law).
(d) The Governor shall create an EEZ planning task force, comprised of the Department of Agriculture, Department of Commerce, Bureau of Planning, University of Guam, Guam Environmental Protection Agency, and such other public agencies and members of the public as are necessary to develop an EEZ policy and implementation plan(s).
(i) This plan shall recommend policies for management, use, protection, enforcement, research, and implementation of activities in Guam’s EEZ.
(ii) Such policy and implementation plan(s) shall be submitted to the Governor and the Legislature as provided for under the provisions of Public Law 20-147, which established the process for comprehensive development planning on Guam.
(e) A nautical mile is defined as 1852 meters (6067.115 feet).
SOURCE: Former Govt. Code § 102, as modified. Amended by P.L. 15-
114, eff. 03/24/80. Subsection (b) added as Section 2 of P.L. 15-114. Subsection (a) amended by P.L. 23-17:2. Subsection (b) and (c) repealed/reenacted by P.L. 23-17:3-4. Subsection (d) added by P.L. 23-
17:5. Subsection (e) added by P.L. 23-17:6 (5/25/95).
COMMENT: (1981): This Section has used a new term geographical mile in place of the old nautical mile to conform with case law, federal and international usage. The distances the two terms reflect are identical.
The Governor, in a letter accompanying P.L. 15-114, stated: AAs a matter of policy, the territory of Guam is claiming exclusive rights to control the utilization of all ocean resources in a 200-mile zone surrounding the island.@
The Governor did recognize that this amendment is limited by reason of the Federal Fisheries Conservation and Management Act of 1976, but nonetheless signed the amendment as a declaration of Territorial Policies and goals.
COMMENT: (1995) The Legislative History (§ 1) to P.L. 23-17 states: Legislative Finding. Guam is on the United Nation’s List
of Non-Self-Governing Territories and remains an
unincorporated territory under the U.S. law; both statutes inherently are not self-governing. In this regard, as a territory, Guam has a particular personality under international law.
Concomitant to this personality are certain rights, including the protection of natural resources from external exploitation and the development of natural resources for the benefit, well- being and development of the people of the territory.
In 1981, through Guam Public Law 15-114, Guam claimed its right to jurisdiction of the islands 200 mile Exclusive Economic Zone (hereinafter Athe EEZ@). Later, on March 10, 1983, by Proclamation 5030, Guam’s administering power, The United States, inappropriately attempted to lay a claim to Guam’s EEZ. However, on July 29, 1994, Guam’s administering power signed the United Nations Convention on the Law of the Sea (hereinafter Athe UNCLOS@) without reservation. The UNCLOS governs all aspects of ocean space, including delimitations on environmental control, scientific research, economic and commercial activities, technology, and the settlement of disputes relating to ocean matters.
With respect to territories that are not self-governing, the United Nations Convention on the Law of the Sea declares that:
AIn the case of a territory whose people have not attained full independence or other self-governing status recognized by the United Nations, or a territory under colonial domination, provisions concerning rights and interests under the Convention shall be implemented for the benefit of the people of the territory with a view to promoting their well-being and development.@
(Final Act of the UNCLOS, Annex I, Resolution III, 1(a), emphasis added.)
The Guam Legislature finds that the government of the people of Guam is best suited, and is vested with the
right, to implement the necessary ocean policies which will promote the well-being and development of the people of Guam.