Sea Lanes Passage

Sea Lanes Passage. (a) The Director of Commerce and Labor, after consultation with the Attorney General and the Director of Natural Resources, and any competent international organization, may designate and publicize sea lanes and routes for the safe, continuous, and expeditious passage of foreign ships and aircraft through or over the archipelagic waters and territorial sea. The Commonwealth recognizes that all ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes. (b) As used in this section, the term “archipelagic sea lanes passage” means the exercise in accordance with applicable international conventions and customary international law, including the ICNT, of the rights of navigation and overflight in the normal mode solely for the purpose of continuous, expeditious, and unobstructed transit between one part of the exclusive economic zone of the Commonwealth and another part of such zone. (c) In designating sea lanes and air routes, or any traffic separation schemes within such routes, or any substitute route or scheme, the Director of Commerce and Labor shall conform to customary international law, and shall make and publicize those designations and issue rules and regulations relating thereto in a manner consistent, to the maximum extent practicable, with the provisions of the ICNT. (d) If the Director of Commerce and Labor has not designated sea lanes or air routes pursuant to this section, the right of archipelagic sea lanes passage may be exercised through the routes normally used for international navigation. Source: PL 2-7, § 11. Commission Comment: With respect to the references to the “Director of Commerce and Labor” and the “Director of Natural Resources,” see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the Commission comment to 1 CMC § 2001.