Bajo Nuevo Bank
Encyclopedia
Bajo Nuevo Bank, also known as the Petrel Islands , is a small, uninhabited reef
Reef
In nautical terminology, a reef is a rock, sandbar, or other feature lying beneath the surface of the water ....

 with some small islet
Islet
An islet is a very small island.- Types :As suggested by its origin as islette, an Old French diminutive of "isle", use of the term implies small size, but little attention is given to drawing an upper limit on its applicability....

s, covered with grass
Grass
Grasses, or more technically graminoids, are monocotyledonous, usually herbaceous plants with narrow leaves growing from the base. They include the "true grasses", of the Poaceae family, as well as the sedges and the rushes . The true grasses include cereals, bamboo and the grasses of lawns ...

, located in the western Caribbean Sea
Caribbean Sea
The Caribbean Sea is a sea of the Atlantic Ocean located in the tropics of the Western hemisphere. It is bounded by Mexico and Central America to the west and southwest, to the north by the Greater Antilles, and to the east by the Lesser Antilles....

 at 15°53′N 78°38′W, with a lighthouse
Lighthouse
A lighthouse is a tower, building, or other type of structure designed to emit light from a system of lamps and lenses or, in older times, from a fire, and used as an aid to navigation for maritime pilots at sea or on inland waterways....

 on Low Cay at 15°51′N 78°38′W. The closest neighbouring land feature is Serranilla Bank
Serranilla Bank
Serranilla Bank is a partially submerged reef, with small uninhabited islets, in the western Caribbean Sea. It is situated about northeast of Punta Gorda, Nicaragua, and roughly southwest of Jamaica. The closest neighbouring land feature is Bajo Nuevo Bank, located 110 km to the east.Serranilla...

, located 110 kilometres (68.4 mi) to the west.

The reef was first shown on Dutch maps dating to 1634 but was given its present name in 1654. Bajo Nuevo was rediscovered by the English pirate
Piracy
Piracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...

 John Glover in 1660. Although the bank is currently controlled by Colombia, it is subject to a sovereignty dispute involving Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...

, Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...

 and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

.

Geography

Bajo Nuevo Bank is about 26 km (16.2 mi) long and 9 km (5.6 mi) wide. The satellite image shows two distinct atoll
Atoll
An atoll is a coral island that encircles a lagoon partially or completely.- Usage :The word atoll comes from the Dhivehi word atholhu OED...

-like structures separated by a deep channel 1.4 km (0.869921831309729 mi) wide at its narrowest point. The larger southwestern reef complex measures 15.4 km (9.6 mi) northeast-southwest, and is up to 9.4 km (5.8 mi) wide, covering an area of about 100 km² (39 sq mi). The reef partially dries on the southern and eastern sides. The smaller northeastern reef complex measures 10.5 km (6.5 mi) east-west and is up to 5.5 km (3.4 mi) wide, covering an area of 45 km² (17 sq mi). The land area is minuscule by comparison.

The most prominent cay
Cay
A cay , also spelled caye or key, is a small, low-elevation, sandy island formed on the surface of coral reefs. Cays occur in tropical environments throughout the Pacific, Atlantic and Indian Oceans , where they provide habitable and agricultural land for hundreds of thousands of people...

 is Low Cay, in the southwestern atoll. It is 300 m (328.1 yd) long and 40 m (43.7 yd) wide (about 1 ha (2.5 acre)), no more than 2 m (6.6 ft) high, and barren. It is composed of broken coral
Coral
Corals are marine animals in class Anthozoa of phylum Cnidaria typically living in compact colonies of many identical individual "polyps". The group includes the important reef builders that inhabit tropical oceans and secrete calcium carbonate to form a hard skeleton.A coral "head" is a colony of...

, driftwood, and sand. The light beacon on Low Cay is a 21 m (68.9 ft) metal tower, painted white with a red top. It emits a focal plane beam of light as two white flashes of light every 15 seconds. The beacon was erected in 1982, and reconstructed by the Colombian Ministry of Defence
Ministry of National Defense (Colombia)
The Ministry of National Defence , is the national executive ministry of the Government of Colombia charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the armed forces of Colombia, similar to the defense ministries in...

 in February 2008. It is currently maintained by the Colombian Navy
Colombian National Armada
The Colombian Navy , also known as the "Armada Nacional" or just the "Armada" in Spanish, is the naval branch of the military forces of Colombia....

, and overseen by the state's Maritime Authority.

Territorial dispute

Bajo Nuevo Bank is the subject of conflicting claims
Territorial dispute
A territorial dispute is a disagreement over the possession/control of land between two or more states or over the possession or control of land by a new state and occupying power after it has conquered the land from a former state no longer currently recognized by the new state.-Context and...

 made by a number of sovereign state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...

s. In most cases, the dispute stems from attempts by a state to expand its exclusive economic zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...

 over the surrounding seas.

Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...

 currently claims the area as part of the department of San Andrés and Providencia. Naval patrols in the area are carried out by the San Andrés fleet of the Colombian Navy. Colombia maintains that it has claimed these territories since 1886, as part of the geographic archipelago of San Andrés and Providencia. This date is disputed by other claimant states, most prominent among them Nicaragua, which has argued that Colombia had not claimed the territory by name until recently.

Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...

's claim has been largely dormant since entering into a number of bilateral agreements
Bilateral treaty
A bilateral treaty is a treaty strictly between two state parties. These two parties can be two states, or two international organizations, or one state and one international organization.It is similar to a contract, so it is called contractual treaty....

 with Colombia. Between 1982 and 1986, the two states maintained a formal agreement which granted regulated fishing rights to Jamaican vessels within the territorial waters
Territorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...

 of Bajo Nuevo and nearby Serranilla Bank. Jamaica's signing of this treaty was regarded by critics as a de facto recognition of Colombian sovereignty over the two banks. The treaty is now extinguished, however, as Colombia declined to renew it upon its expiration in August 1986.

In November 1993, Colombia and Jamaica agreed upon a maritime delimitation treaty establishing a "Joint Regime Area" to cooperatively manage and exploit living and non-living resources in designated waters between the two aforementioned banks. However, the territorial waters immediately surrounding the cays themselves were excluded from the zone of joint-control, as Colombia considers these areas to be part of her coastal waters. The exclusion circles were defined in the chart
Nautical chart
A nautical chart is a graphic representation of a maritime area and adjacent coastal regions. Depending on the scale of the chart, it may show depths of water and heights of land , natural features of the seabed, details of the coastline, navigational hazards, locations of natural and man-made aids...

 attached to the treaty as "Colombia's territorial sea in Serranilla and Bajo Nuevo". The agreement came into force in March 1994.

Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...

 lays claim to all the islands on its continental shelf, covering an area of over 50,000 km2 in the Caribbean Sea, including Bajo Nuevo Bank and all islands associated with the San Andrés and Providencia archipelagoes. It has persistently pursued this claim against Colombia in the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...

 (ICJ), filing cases in both 2001 and 2007. The main cause of the dispute lies in the debated validity and applicability of the Esguerra-Bárcenas treaty, exchanged with Colombia in March 1928.

The United States claim was made on 22 November 1869 by James W. Jennett under the provisions of the Guano Islands Act
Guano Islands Act
The Guano Islands Act is federal legislation passed by the U.S. Congress, on August 18, 1856. It enables citizens of the U.S. to take possession of islands containing guano deposits. The islands can be located anywhere, so long as they are not occupied and not within the jurisdiction of other...

. Most claims made by the U.S. over the guano islands
Guano
Guano is the excrement of seabirds, cave dwelling bats, and seals. Guano manure is an effective fertilizer due to its high levels of phosphorus and nitrogen and also its lack of odor. It was an important source of nitrates for gunpowder...

 in this region were officially renounced in a treaty with Colombia, dated September 1972. But whether or not Bajo Nuevo Bank was included in the agreement is disputed, as the bank is not mentioned specifically by name within the treaty, and Article 7 of the treaty states that matters not specifically mentioned in the treaty are not subject to its terms. The U.S. administers the bank as an unorganized
Unorganized territory
An unorganized territory is a region of land without a "normally" constituted system of government. This does not mean that the territory has no government at all or that it is unclaimed territory...

, unincorporated United States territory
United States territory
United States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters including all U.S. Naval carriers. The United States has traditionally proclaimed the sovereign rights for exploring, exploiting, conserving, and managing its...

.

Honduras
Honduras
Honduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...

, prior to its ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...

 of a maritime boundary
Maritime boundary
Maritime boundary is a conceptual means of division of the water surface of the planet into maritime areas that are defined through surrounding physical geography or by human geography. As such it usually includes areas of exclusive national rights over the mineral and biological resources,...

treaty with Colombia on 20 December 1999, had previously also laid claim to Bajo Nuevo and nearby Serranilla Bank. Both states agreed upon a maritime demarcation in 1986 that excluded Honduras of any control over the banks or their surrounding waters. This bilateral treaty ensured that Honduras implicitly recognises Colombia's sovereignty over the disputed territories. Honduras' legal right to hand over these areas was disputed by Nicaragua before the ICJ.

External links

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