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Mar presencial

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An example of mar presencial: the zone Chile declared as the Chilean Sea, its mar presencial.
Argentinian Heritage Reserve Sea, according to the legal project of Argentinian Senator Mariano Utrera. A variety of areas are included within these borders, such as areas under legal dispute, claims, and high seas.

A mar presencial (transl. Sea where we are present or Zone of maritime presence) or heritage sea reserve is a high seas zone of influence demarcated by a maritime country adjacent to its exclusive economic zone. The objective of this oceanopolitical concept or doctrine, is to signal to third parties where the coastal country's interests are, or could be directly involved.

While not a declaration of sovereignty, demarcating this area of high seas contiguous with its exclusive economic zone announces a coastal nation's interest in preventing abusive uses or certain activities in the area which, due to their proximity to the nation's exclusive economic zone, can affect the maritime resources that inhabit this zone. Specific examples include protecting highly migratory fishing ground populations from overfishing and pollution.

Origin of the concep

The "Theory of the Mar Presencial" was developed by a Commander-in-Chief of the Chilean Navy, Admiral Jorge Martínez Busch, and was presented in a masters class May 4, 1990, and reiterated en la del May 2, 1991. The definition was later broadened into a more general concept of greater utility, and applicable to maritime states worldwide.[1]US Naval JAG officer Jane Dalton defined a mar presencial as

"[...] the Mar Presencial is a type of contiguous zone to the EEZ in which the state will prevent (and perhaps punish?) infringements of its fishing, research, and resource exploitation interests in the EEZ."[2]

— Jane Gilliland Dalton, The Chilean Mar Presencial: A Harmless Concept or a Dangerous Precedent?
  1. ^ Martínez-Bush, Jorge (2000). “La pesca en el mar presencial, y los derechos del estado rector del Puerto”. Santiago: Seminario sobre La pesca en el mar presencial, March 28, 2000.
  2. ^ Dalton, J. (1993). The Chilean Mar Presencial: A Harmless Concept or a Dangerous Precedent? The International Journal of Marine and Coastal Law, 8, 397-418.