33 C.F.R. § 2.22

Territorial sea

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(a) With respect to the United States, the following apply—

(1) Territorial sea means the waters, 12 nautical miles wide, adjacent to the coast of the United States and seaward of the territorial sea baseline, for—

(i) Statutes included within subtitle II, subtitle VI, and subtitle VII, title 46, U.S.C.; the Act of June 15, 1917, as amended (46 U.S.C. 70051-70054); and the Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208), and any regulations issued under the authority of these statutes.

(ii) Purposes of criminal jurisdiction pursuant to Title 18, United States Code.

(iii) The special maritime and territorial jurisdiction as defined in 18 U.S.C. 7.

(iv) Interpreting international law.

(v) Any other treaty, statute, or regulation, or amendment thereto, interpreted by the Coast Guard as incorporating the definition of territorial sea as being 12 nautical miles wide, adjacent to the coast of the United States and seaward of the territorial sea baseline.

(2) Unless otherwise specified in paragraph (a)(1) of this section, territorial sea means the waters, 3 nautical miles wide, adjacent to the coast of the United States and seaward of the territorial sea baseline.

(3) In cases where regulations are promulgated under the authority of statutes covered by both paragraphs (a)(1) and (a)(2) of this section, the Coast Guard may use the definition of territorial sea in paragraph (a)(1) of this section.

(b) With respect to any other nation, territorial sea means the waters adjacent to its coast that have a width and baseline recognized by the United States.

[USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by USCG-2003-14792, 68 FR 60470, Oct. 22, 2003; USCG-2020-0304, 85 FR 58275, Sept. 18, 2020]

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2005–2022 · leading case: Dept. of Rev. v. New Sea Escape Cruises, 894 So. 2d 954 (Fla. 2005).

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Dept. of Rev. v. New Sea Escape Cruises, 894 So. 2d 954 (Fla. 2005). · cites it 2× “33 C.F.R. § 2.22 (a)(1) (2004). For all other purposes these regulations provide: (2) Unless otherwise specified in paragraph (a)(1) of this section, territorial sea means the waters, 3 nautical miles wide, adjacent to the coast of the United States and seaward of the…”

United States v. Abukar Beyle, 782 F.3d 159 (4th Cir. 2015). · cites it 2× “It is, moreover, the policy of the United States not to respect claims that a territorial sea extends beyond twelve nautical miles. Office of Ocean Affairs, U.”

State of Alaska, Dep't of Revenue v. North Pac. Fishing, Inc. & U.S. Fishing LLC., 485 P.3d 1040 (Alaska 2021). “975(a)(13) (2019) (defining Alaska territorial waters); 33 C.F.R. § 2.22 (2020) (defining federal territorial waters); see also 43 U.”

Rickey Thompson v. United States, 608 F. App'x 726 (11th Cir. 2015). “§ 7 (1); 33 C.F.R. §§ 2.22 (a)(1)(h), 2.32(a); Murray, 61 F.”

United States v. Alexander Rafael Santos-Santana (11th Cir. 2022). “33 C.F.R. § 2.22 . The territorial sea baseline is the line defining the shoreward extent of the territorial sea of a na- tion.”

United States v. Stanley Wintfield Rolle, 491 F. App'x 63 (11th Cir. 2012). “See 33 C.F.R. § 2.22 (a)(1), (a)(2) (establishing a three-mile boundary for some statutes and a twelve-mile boundary for oth *65 ers); see also 33 C.”

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