Re: Pelagic Boundaries [was: Re: [MDOsprey] A Leg Up On

Doug Couchman (atakdoug@csonline.net)
Sun, 20 Jun 1999 23:00:54 -0400


> At 12:41 PM 06/20/1999 -0400, Paul O'Brien wrote:

> . . .  The[re] is no "standard"
> definition of how to define pelagic boundaries.  Many states either use or
> are moving toward the "closest point of land" approach, that the ABA uses,
> but there is no "official" or accepted governing body (like the AOU) to
> commonly define pelagic boundaries.


Actually, it's a little more complicated than that, or simpler,
depending on your view of things:

There is an official governing body for determining what waters are
controlled by what states: the U.S. Supreme Court.

According to several early (through about 1840) Supreme Court
decisions, the states have no claim of sovereignty on the oceans (I
forget the definition, but I think that means outside the tidal zone,
i.e., beyond the average lower low tide mark).  Certain federal
statutes, again very old, provide limited sovereignty to states, for
purposes of enforcement of criminal and some civil laws (though not
for all purposes, e.g., salvage rights are under federal law
exclusively in maritime waters, and vessels in maritime waters are
governed only by federal law even when within "state" waters), out to
certain limits.  The limit is three miles offshore for most states, 12
miles for some or all Gulf of Mexico states (includes Gulf Coast of
Florida but not Atlantic coast, I think).  The closest point of land
method is used to determine which state has sovereignty, though I
think there may be an exception or two, which were also worked out by
Supreme Court justices who are long dead.  But they have been worked
out -- there are probably no unanswered questions in this area.

The bottom line for birders is this -- you might as well use whatever
ABA says, if you want to use anything.  Understand however that it has
no legal significance -- it is just an artificial construct that
birders happen to have developed.  Although for certain purposes (very
limited ones, actually), U.S. sovereignty extends to 200 miles, no
state's sovereignty extends beyond 12 miles for any purpose; states
may believe otherwise, but the Supreme Court gets the final say in
these matters (if anyone wants the citations, I may be able to dig
them up; I researched this a couple years ago on a very slow day).
ABA says use closest point of land except in the Gulf (and in the Gulf
ABA says to use a method which differs from that laid out by the
Supreme Court), so you might as well go ahead, if you feel like
extending the states as far as possible.  If you want to be technical
about it, use three miles, and closest point of land.

I suppose that doesn't help much, but it's interesting to keep in
mind.


Doug Couchman
atakdoug@csonline.net
Cooperstown, PA