Bailiwick wants to stretch sea borders out to 12 miles

Tuesday 15 January 2019

Territorial seas around Guernsey could be extended to 12 nautical miles thanks to a clause of international law the island has so far not taken advantage of.

The plan is coming from Policy & Resources, and will be debated and voted on by the States, but it could the island quadruple the reach of the water territory it has from three nautical miles to 12.

The policy letter comes ahead of Brexit, as the Committee wants to take control of those waters - it highlighted key reasons for this as increasing the fishing waters and also the potential of tidal power, which would need the space if it was ever implemented.

At the heart of the idea is the fact that "most jurisdictions" already have this 12-mile range, as it is the maximum set out in international waters law, and while a request would have to be made to the UK, they are expected to approve it. 

Pictured: One advantage of the extension would be that Guernsey has far more fishing territory. 

In the Policy Letter, the Committee said: "Under the international law of the sea, any coastal state may claim a territorial sea up to a 12nm limit. Extending the Bailiwick’s territorial seas to the 12nm limit would give the three jurisdictions of the Bailiwick significantly more rights and control in the three to 12nm area, without assuming significant additional liabilities or obligations.

"There are a number of benefits in extending the territorial seas. It would extend sovereignty outwards to the 12nm limit and, amongst other things, thus provide advantages for law enforcement and environmental and shipping management purposes. There should be advantages to being able to intercept any potentially illegal activity or deleterious substance earlier and further out from the coastlines of the islands."

Other advantages listed include better fishing management and larger fishing grounds, enhanced powers over marine pollution, potential rights to shipwrecks and greater control and protection of any under-sea cables in the area. 

Pictured: The plans have to be approved by the Crown as well. 

Also emphasised by P&R is that while the area Guernsey is responsible for would expand from 380 square miles to 1,400, it would not hold any more responsibilities.

"[P&R] stated in Phase Two of the Policy & Resource Plan that it intended to pursue negotiations with a view to establishing extended territorial seas before 2020. However, it is actually the Committee’s ambition to achieve it before the UK’s withdrawal from the EU takes effect (March 2019) and before the UK government’s decision to withdraw from the London Fisheries Convention takes effect (July 2019)."

The rights to the island's foreshore and seabed are also in consideration, but things in that area will be set in stone after the extension is given the go-ahead, P&R added. It said it was looking at having the rights transferred from the Crown to an appropriate body such as 'the People of Guernsey'. 

Pictured top: Guernsey's territorial sea beds could be extended from 3nm to 12nm.