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Access to the Exclusive Economic Zone for purse seine fishing depends on distinct but coordinated Union and State regulatory regimes. Fisheries beyond territorial waters fall within the Union's legislative and executive sphere, while fisheries within territorial waters fall within the State's corresponding sphere; these powers are autonomous and do not conflict. Union regulation governs fishing in the Exclusive Economic Zone, while State regulation applies to transit through territorial waters. Cooperative federalism requires timely State verification and processing of access-pass applications, since delay causing virtual denial of access constitutes an impermissible unwritten ban. The State must facilitate regulated transit by designating a channel and ensuring effective clearances.
Access to the Exclusive Economic Zone for purse seine fishing depends on distinct but coordinated Union and State regulatory regimes. Fisheries beyond territorial waters fall within the Union's legislative and executive sphere, while fisheries within territorial waters fall within the State's corresponding sphere; these powers are autonomous and do not conflict. Union regulation governs fishing in the Exclusive Economic Zone, while State regulation applies to transit through territorial waters. Cooperative federalism requires timely State verification and processing of access-pass applications, since delay causing virtual denial of access constitutes an impermissible unwritten ban. The State must facilitate regulated transit by designating a channel and ensuring effective clearances.
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