[Federal Register Volume 91, Number 163 (Tuesday, August 25, 2026)]
[Rules and Regulations]
[Pages 54800-54803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-17354]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
[CBP Dec. No. 26-17]
Establishment of Four Customs-Enforcement Areas
AGENCY: U.S. Customs and Border Protection; DHS.
ACTION: Establishment of Customs-Enforcement Areas.
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SUMMARY: This document sets forth the Commissioner of U.S. Customs and
Border Protection's (CBP) declaration establishing four Customs-
Enforcement Areas (CEA) in the near shore waters of South Florida,
Central/Southern California, Puerto Rico, and the Gulf Coast of Texas.
This action will further CBP efforts to interdict hovering vessels
[[Page 54801]]
utilized for smuggling illegal cargoes into or out of the United States
specifically within the CEAs. Additionally, this action authorizes
customs officers and agents to enforce applicable U.S. laws, including
the authorization to board vessels, examine vessels, merchandise and
persons on board, bring the same into port, and pursue, seize, and
arrest individuals, within the CEAs.
DATES: The Customs-Enforcement Areas described herein are established
as of August 25, 2026.
FOR FURTHER INFORMATION CONTACT: Scott Leach, Director of Marine
Operations at (202) 325-2114 or at [email protected].
SUPPLEMENTARY INFORMATION: This document establishes four Customs-
Enforcement Areas (CEAs) in the near shore waters of South Florida,
Central/Southern California, Puerto Rico, and the Gulf Coast of Texas.
The establishment of these CEAs is necessary to respond to the
continuous and active threats presented by hovering vessels in those
areas. The underlying legal authority, the need for the CEAs, and a
detailed description of the CEA boundaries are described below.
I. Legal Authority
The establishment of CEAs is authorized pursuant to section 1 of
the Anti-Smuggling Act of 1935, as amended (49 Stat. 517) (19 U.S.C.
1701) (Anti-Smuggling Act). In general, CEAs can be designated for an
area on the high seas (within specified limits) that is outside of, but
adjacent to, U.S. customs waters and is in close proximity to where
vessels hover to engage in smuggling. See Anti-Smuggling Act sec. 1(a)
(19 U.S.C. 1701(a)). Designation of a CEA authorizes customs officers
and agents to enforce applicable U.S. laws within the CEA to prevent
the illegal entry or exit of merchandise or people. See Anti-Smuggling
Act sec. 1(b) (19 U.S.C. 1701(b)); section 581(a) of the Tariff Act of
1930, as amended (19 U.S.C. 1581(a)); 19 CFR 162.3.
A. Anti-Smuggling Act and Establishment of CEAs
Section 1(a) of the Anti-Smuggling Act states that ``whenever the
President of the United States finds and declares that at any place or
within any area on the high seas adjacent to but outside customs waters
any vessel or vessels hover or are being kept off the coast of the
United States and that, by virtue of the presence of any such vessel or
vessels at such place or within such area, the unlawful introduction or
removal into or from the United States of any merchandise or person is
being or may be occasioned, promoted, or threatened, the place or area
so found and declared shall constitute a customs-enforcement area.'' 19
U.S.C. 1701(a).\1\ The statute further clarifies that ``[o]nly such
waters on the high seas shall be within a customs-enforcement area as
the President finds and declares are in such proximity to such vessel
or vessels that such unlawful introduction or removal of merchandise or
persons may be carried on by or to or from such vessel or vessels.''
Anti-Smuggling Act sec. 1(a) (19 U.S.C. 1701(a)).
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\1\ The term ``customs waters'' means, in the case of a foreign
vessel subject to a treaty or other arrangement between a foreign
government and the United States enabling or permitting the
authorities of the United States to board, examine, search, seize,
or otherwise to enforce upon such vessel upon the high seas the laws
of the United States, the waters within such distance of the coast
of the United States as the said authorities are or may be so
enabled or permitted by such treaty or arrangement and, in the case
of every other vessel, the waters within four leagues of the coast
of the United States. Anti-Smuggling Act sec. 401(c) (19 U.S.C.
1709(c)).
The term ``hovering vessel'' means any vessel which is found or
kept off the coast of the United States within or without the
customs waters, if, from the history, conduct, character, or
location of the vessel, it is reasonable to believe that such vessel
is being used or may be used to introduce or promote or facilitate
the introduction or attempted introduction of merchandise into the
United States in violation of the laws respecting the revenue. Anti-
Smuggling Act sec. 401(d) (19 U.S.C. 1709(d)).
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The statute limits the boundaries of CEAs, stating that ``[n]o
customs-enforcement area shall include any waters more than one hundred
nautical miles from the place or immediate area where the President
declares such vessel or vessels are hovering or are being kept, and
notwithstanding the foregoing provision, shall not include any waters
more than fifty nautical miles outwards from the outer limit of customs
waters.'' Anti-Smuggling Act sec. 1(a) (19 U.S.C. 1701(a)). In other
words, the CEA may extend not more than 100 nautical miles (NM) in
either direction up and down the coast from the place or immediate area
where hovering vessels are present, and not more than 50 NM out to sea
beyond the customs waters.
B. Delegation of Authority To Establish CEAs
Although section 1 of the Anti-Smuggling Act vests the authority to
establish CEAs in the President, that authority is now vested in the
Commissioner of CBP. Executive Order 10289 delegated the President's
authority to establish CEAs to the Secretary of the Treasury. E.O.
10289, Sec. 1(b), 16 FR 9499 (published Sept. 19, 1951). With certain
exceptions not applicable herein, section 403(1) of the Homeland
Security Act of 2002 (Pub. L. 107-296, 116 Stat. 2135) (6 U.S.C.
203(1)) transferred all functions, personnel, assets, and liabilities
of the United States Customs Service of the Department of the Treasury,
including the functions of the Secretary of the Treasury relating
thereto, to the Secretary of Homeland Security. The Secretary of
Homeland Security further delegated the authority to establish CEAs to
the Commissioner of CBP. See DHS, Delegation No. 07010.3, Delegation of
Authority to the Commissioner of U.S. Customs and Border Protection,
II.A (Rev. No. 03.2, Incorporating Change 2) (Dec. 11, 2024).
C. Authority To Enforce U.S. Laws Within CEAs
Upon the establishment of a CEA pursuant to the Anti-Smuggling Act,
customs officers and agents are authorized to enforce applicable U.S.
laws within the CEA. Specifically, within the CEA, CBP officers and
agents ``may go on board of any vessel and examine the vessel and any
merchandise or person on board, and bring the same into port.'' Anti-
Smuggling Act sec. 1(b) (19 U.S.C. 1701(b)). Customs officers and
agents may pursue and seize or arrest and otherwise enforce upon any
vessel, merchandise, or person in the CEA in accordance with applicable
U.S. laws and regulations in the same manner as customs officers and
agents are authorized to do at any place in the United States. Anti-
Smuggling Act sec. 1(b) (19 U.S.C. 1701(b)). Specifically, within a
CEA, customs officers and agents are authorized to enforce 18 U.S.C.
2237, which provides for criminal sanctions against a master, operator,
or person in charge of a vessel for various offenses, including failure
to heave to, obstruction of boarding, or providing materially false
information.
Additionally, section 581(a) of the Tariff Act of 1930, as amended
(19 U.S.C. 1581(a)), permits customs officers and agents ``at any time
to go on board of any vessel . . . at any place in the United States or
within the customs waters or, as he may be authorized, within a
customs-enforcement area . . . and examine the manifest and other
documents and papers and examine, inspect, and search the vessel . . .
and every part thereof and any person, trunk, package, or cargo on
board, and to this end may hail and stop such vessel . . . and use all
necessary force to compel compliance.'' See also 19 CFR 162.3(a)(3).
However, customs officers and agents are not authorized to, for
[[Page 54802]]
instance, enforce any U.S. law upon the high seas upon a foreign vessel
in contravention of any treaty with a foreign government, except as
such authorities are or may otherwise be enabled or permitted under
special arrangement with such foreign government. Anti-Smuggling Act
sec. 1(b) (19 U.S.C. 1701(b)); see also Tariff Act of 1930, as amended,
sec. 581(h) (19 U.S.C. 1581(h)); 19 CFR 162.3(a)(3).
II. Need for the Customs-Enforcement Areas (CEAs)
In the last five years and within the areas designated as CEAs
identified below, CBP's Air and Marine Operations (AMO) has conducted
numerous enforcement actions against hovering vessels. With regard to
the areas specifically being designated as a CEA in South Florida
alone, AMO seized nearly 77,000 pounds of illegal narcotics; conducted
26,000 apprehensions of illegal aliens and smugglers; and performed 324
search and rescue operations.\2\ In Puerto Rico, AMO seized nearly
860,000 pounds of cocaine and conducted well over 15,000 apprehensions
and 172 search and rescue operations. On the Gulf Coast of Texas, AMO
seized 3,700 pounds of drugs and conducted over 17,000 apprehensions.
In Southern California, AMO seized nearly 1,500 pounds of
methamphetamines and a total of 5,145 pounds of other drugs.
Additionally, during this time, 488 vessels were seized in the above-
described areas to be designated as CEAs. Most of this maritime
smuggling is accomplished with vessels that travel for great distances
outside of, or paralleling, current U.S. jurisdiction to avoid
detection. These vessels land on remote shorelines, transfer illegal
cargo to separate vessels, and travel without navigation lights. This
behavior is consistent with the definition of ``Hovering Vessel,'' as
defined in section 401(d) of the Anti-Smuggling Act (19 U.S.C.
1709(d)).
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\2\ For detailed data relating to drug seizures by AMO, see CBP,
Public Data Portal: AMO Drug Seizures, available at https://www.cbp.gov/document/stats/amo-drug-seizures.
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The establishment of these CEAs is necessary to respond to the
continuous and active threats presented by hovering vessels in those
areas. The four CEAs established here would extend the authority of
customs officers and agents to enforce applicable U.S. laws from 12 NM
to 24 NM from the baseline within the designated CEAs.\3\ The extension
to 24 NM aligns with the U.S. contiguous zone, which is a zone that
borders the territorial sea of the United States in which the United
States may exercise the control necessary to prevent infringement of
its customs, fiscal, immigration, or sanitary laws and regulations
within its territory or territorial sea, and to punish infringement of
the above laws and regulations committed within its territory or
territorial sea. See Proclamation No. 7219, 64 FR 48701 (published Aug.
8, 1999) (establishing the contiguous zone of the United States to 24
NM from baseline). Without the CEAs, CBP's enforcement of applicable
U.S. laws is generally limited to operations within the U.S.
territorial and customs waters, which collectively extend 12 NM from
baseline and to more limited operations beyond 12 NM when authorized by
statute.\4\ See Proclamation No. 5928, 103 Stat. 2981 (Dec. 27, 1988)
(extending U.S. territorial waters from 3 NM to 12 NM from baseline).
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\3\ Maritime zones and boundaries are measured from a country's
``baseline,'' which generally refers to the low-water line along the
coast as marked on officially recognized, large-scale nautical
charts. See, e.g., 33 CFR 2.20. This declaration does not alter any
U.S. baselines.
\4\ Although customs officers' enforcement of applicable U.S.
laws is generally limited to 12 NM from baseline, there are various
exceptions. Those exceptions include, but are not limited to, CBP's
authorities related to U.S.-flagged vessels, hovering vessel and
pursuit authority under 19 U.S.C. 1581, 1587, and specific drug-
related scenarios under the Maritime Drug Law Enforcement Act (Pub.
L. 109-304, 120 Stat. 1685 (2006)).
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The establishment of a CEA that extends enforcement authorities to
24 NM greatly improves CBP's law enforcement effectiveness in CEAs,
which are located within critical maritime approaches to the United
States. The performance, speed, and technology of modern smuggling
vessels limit CBP's ability to respond to illegal activity detected in
these areas. The limited distance and fast speeds of these vessels
often inhibit the ability to interdict threats to the United States.
Expanding the authorities for customs officers and agents to operate 24
NM from baseline within the designated areas, combined with enhanced
detection capabilities enabled by new technology, will significantly
increase the probability of interdiction and facilitate prosecution of
individuals, particularly those using hovering vessels consistent with
applicable U.S. law. Authority to interdict vessels 24 NM from baseline
will decrease border incursions and more effectively enforce applicable
U.S. laws within such designated areas. By extending jurisdiction into
high threat areas, CBP can enhance enforcement of applicable U.S. laws
as they relate to combatting hovering vessels in the areas defined
below.
Additionally, the establishment of CEAs reinforces Executive Order
14165, Securing Our Borders, 90 FR 8467 (published Jan. 30, 2025), by
bolstering operational control of U.S. borders and interests in these
specific areas given the ongoing smuggling threats by hovering vessels.
The establishment of CEAs in these areas will provide CBP with the
ability to enforce applicable U.S. laws in the critical maritime
approaches to the United States. The establishment of these CEAs is
also consistent with Executive Order 14411, Strengthening Customs
Enforcement, 91 FR 35125 (published June 10, 2026). Section 4 of E.O.
14411 directs the Secretary of Homeland Security, to the maximum extent
permitted by applicable law, to take any action he deems necessary to
bolster the enforcement of U.S. laws. The establishment of these CEAs
will enable CBP to improve its enforcement of applicable laws against
vessels engaged in smuggling by extending the area of enforcement.
The establishment of the CEAs also supports the 2026 National Drug
Control Strategy.\5\ The CEAs will deny transnational criminal
organizations and foreign terrorist organizations the use of waters
near the U.S. coastal waters as a permissive transit zone by
establishing and maintaining U.S. enforcement operations. Transnational
criminal organizations (TCOs), including foreign terrorist
organizations, primarily exploit coastal waters and permissive maritime
transit zones to facilitate alien smuggling and the trafficking of
illicit narcotics, including cocaine, fentanyl, methamphetamine, and
marijuana, into the United States. These same maritime routes may also
be used by TCOs to smuggle weapons, potentially to include components
for weapons of mass destruction, into the United States. Expanding the
enforcement area to allow CBP to use its authorities to combat
violations of U.S. laws will directly curb illicit activity by U.S.
adversaries.
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\5\ For more information on the 2026 National Drug Control
Strategy, see https://www.whitehouse.gov/releases/2026/05/2026-national-drug-control-strategy-released/.
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By establishing the four CEAs, CBP will increase maritime domain
awareness and further disrupt maritime smuggling attempts before they
make landfall. Expanded detection and interdiction capabilities will
reduce the number of maritime border incursions and allow U.S. Border
Patrol to reallocate resources to other focus areas.
[[Page 54803]]
With the reduction of near-coastal vulnerabilities, U.S. Border Patrol
can focus on land-based interdiction.
Establishing the four CEAs does not close any waters to navigation,
impose new reporting or permitting requirements, or require vessels to
alter otherwise lawful routes or operations. Vessels operating within
the CEAs, however, may be subject to the enforcement authorities made
applicable under the Anti-Smuggling Act, including being hailed,
stopped, boarded, examined, searched, or brought into port as
authorized by law. CBP recognizes that such enforcement activity may in
individual cases result in limited operational impacts, including
delay, to vessel owners, operators, passengers, and cargo interests.
CBP has determined that the possibility of impacts is justified by the
need to address the threats described above.
III. Establishment of Four Customs-Enforcement Areas
Pursuant to the authority contained in section 1 of the Anti-
Smuggling Act of 1935, as amended (49 Stat. 517) (19 U.S.C. 1701)
(Anti-Smuggling Act), I, Rodney S. Scott, Commissioner of U.S. Customs
and Border Protection, do hereby find and declare:
1. That vessels hover or are being kept off the coast of the United
States on the high seas adjacent to but outside customs waters within
the areas described as follows:
a. South Florida: The area of water that extends seaward from
28[deg]48'00'' N/80[deg]44'19.7'' W (northeast corner of Brevard
County), following an irregular arc along the coastline of South
Florida, including the Florida Keys, to 28[deg]26'01'' N/
82[deg]40'35.8'' W (northwest corner of Pasco County), out to 24 NM
from baseline.
b. Texas: The area of water that extends from 29[deg]40'44.0'' N/
93[deg]50'16.0'' W (Mouth of the Sabine River), following an irregular
arc along the Gulf Coast, extending south to the maritime boundary line
with Mexico, out to 24 NM from baseline.
c. Central/Southern California: The area of water that extends from
37[deg]06'28.00'' N/122[deg]20'08.5'' W (A[ntilde]o Nuevo Lighthouse),
following an irregular arc along the coast, south to the maritime
boundary line with Mexico, out to 24 NM from baseline, including the
eight islands off the coast--the five islands of Channel Islands
National Park, San Clemente Island, Santa Catalina Island, and San
Nicolas Island.
d. Puerto Rico: The area of water that encircles the Island of
Puerto Rico, to include the nearby islands of Mona, Desecheo, Vieques,
and Culebra, out to 24 NM from baseline, but in no instance beyond a
recognized international boundary line.
2. That the areas described in paragraph 1 do not include any
waters more than 100 NM from the place or immediate area where such
vessels are found or kept off the coast of the United States and are
hereby declared to be hovering or kept, and do not include any waters
more than 50 NM outwards from the outer limit of the customs waters.
3. That, by virtue of the presence of such vessels within the areas
described in paragraph 1, the unlawful introduction or removal into or
from the United States of merchandise or persons is being or may be
occasioned, promoted, or threatened.
4. That all the waters within the areas described in paragraph 1
are in such proximity to such vessels that such unlawful introduction
or removal of merchandise or persons may be carried on by or to or from
such vessels.
And I do hereby proclaim that under the terms of the Anti-Smuggling
Act, the areas described in paragraph 1 constitute customs-enforcement
areas, and the provisions of law applying to the high seas adjacent to
customs waters shall be enforced in such areas upon any vessel,
merchandise, or person found therein, including the Anti-Smuggling Act
of 1935 (19 U.S.C. 1701); section 581 of the Tariff Act of 1930, as
amended (19 U.S.C. 1581); and 18 U.S.C. 2237.
The establishment of each customs-enforcement area described in
this document is intended to operate independently. If any customs-
enforcement area, provision, boundary, or application of this document
is held invalid or is stayed, enjoined, or otherwise made
unenforceable, the remainder of this document is intended to remain in
effect to the fullest extent permitted by law. For example, if a court
enjoins the establishment of one customs-enforcement area, CBP intends
that the other customs-enforcement areas remain established and
enforceable. Similarly, if a court invalidates a portion of a boundary
or a specific application within one customs-enforcement area, CBP
intends that the remaining portions and applications remain in effect.
IV. Signing Authority
This document is being issued in accordance with DHS Delegation
07010.3, Revision 03.2.
Rodney S. Scott,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2026-17354 Filed 8-24-26; 8:45 am]
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