Who is the authority of 'the sea'?

[jmschmidt]

The only legal territorial boundary that was recognized by all seafaring people was the 3-mile limit and I think that still is the case. Many countries have extend that by declaration to 12 miles or more (Russia's Pacific coast is 25 miles for instance) but this is not sanctioned in international law. However given today weaponry I would check what each country "claims" and not sail any closer.

The 200-mile economic boundary was established recently to cover fishing, oil exploration, etc. but foreign vessels are not prohibited from entering. How about sports fishing or fishing for personal use, don't know but I suspect officials would leave you alone but local fisherman might take exception so just buy your fish from them.

[wjhutchings]

The authority of the sea is as follows out to 12 miles the coastal state has jurisdiction and all laws of the coastal state are paramount, within the EEZ (200 mile limit) the coastal state has jurisdiction over the economic exploitation and the environment everything else, criminal law and civil law are those of the flag your vessel is flying, this is the case once outside of the EEZ. You must remember once your vessel is registered internationally your vessel is classed as part of the territory of the flag state.

The UN Convention on the Law of the Sea (UNCLOS) gives all private and commercial vessels the right of innocent passage through the waters of a coastal state provided that the vessel complies with all the laws of that state.

Hope that makes sense

Jack

[baycruiser]

I am I think very respectable and in a near new boat but here in oz I have been boarded twice in the last year by 2 different authorties WITHOUT permission and the pretext that they are shipping inspectors in 30 years of continuous boating I have never come across this .so be careful they will get you if you show any attitude,are,black or middle eastern appearance .SAD!!!

[wayne.b]

Originally Posted by Scaramanga F25

I have been questioned, by radio, by a U.S. Coast Guard Patrol Ship deep in the Bahamas. ( Mira por Vos Channel )
The Bahamians also have their own. Apparently on US patrol ships they have a couple of Bahamian National Guards on board.

===

We have been questioned on the radio by a USCG helicopter in the middle of the Mona Passage while enroute to to Puerto Rico, and we were once boarded by USCG more than 15 miles off the coast of SW Florida. They can pretty much do as they want regardless of your flag.

[Lodesman]

Originally Posted by jmschmidt

The only legal territorial boundary that was recognized by all seafaring people was the 3-mile limit and I think that still is the case. Many countries have extend that by declaration to 12 miles or more (Russia's Pacific coast is 25 miles for instance) but this is not sanctioned in international law. However given today weaponry I would check what each country "claims" and not sail any closer.

The 200-mile economic boundary was established recently to cover fishing, oil exploration, etc. but foreign vessels are not prohibited from entering. How about sports fishing or fishing for personal use, don't know but I suspect officials would leave you alone but local fisherman might take exception so just buy your fish from them.

I posted a link to UNCLOS (post #7). Perhaps you should have a read before making erroneous claims.

[Lodesman]

Originally Posted by wayne.b

===

We have been questioned on the radio by a USCG helicopter in the middle of the Mona Passage while enroute to to Puerto Rico, and we were once boarded by USCG more than 15 miles off the coast of SW Florida. They can pretty much do as they want regardless of your flag.

A radio call is not prohibited, nor is it particularly intrusive. It helps to establish identity and whether or not they have jurisdiction. 15 miles off the coast of Florida still falls within the contiguous zone - feel free to read up on this (link to UNCLOS in post 7). The USCG cannot pretty much do as they want - they are limited by the law and the treaties in place.

[StuM]

Originally Posted by wayne.b

===

We have been questioned on the radio by a USCG helicopter in the middle of the Mona Passage while enroute to to Puerto Rico, and we were once boarded by USCG more than 15 miles off the coast of SW Florida. They can pretty much do as they want regardless of your flag.

Practically, yes. Legally, no.

[Sav]

I would think any authority can board or request to board within the 200 mile zone on the pretext that "you are suspected of fishing illegally". Its the bending of a rule/law, but possible.
As for the deep blue yonder... your boat comes under the laws of your flag of origin... as such, the boats skipper is King.

[adlib2]

If anyone could shed some light upon this topic of interest I would be very grateful as it is something, my self as a prospective sea sailor, that I am very curious about.


That's the whole point; FREEDOM to do what you want, kill yourself if need be. The last place place on the planet to do your own thing.

[bletso]

Originally Posted by adlib2

That's the whole point; FREEDOM to do what you want, kill yourself if need be. The last place place on the planet to do your own thing.

FREEDOM, in today's world is an illusion at best.

[bvander]

International waters, international Maritime law. Some areas can/have been designated special operational areas where a coalition can have control/authority. Horn of Africa is an excellent example of that. Some areas near sanctioned countries can also have an exclusion zone enforced by one or more nations. Also some countries have ano MOU with other (bigger) nations which allow the bigger nation to operate in smal national national waters.
So....I guess short answer is it depends.

[SV DestinyAscen]

Without getting to philosophical, there's no such thing as "freedom" to do whatever you please, even in international waters.

It has never existed.

So long as you have a nationality and your boat is flagged, you're governed by your flag, your nationality, and public international law (whether by treaty or custom).

There are limits to enforcement resources, but just because you're in international waters doesn't mean you're free to engage in piracy, human trafficking, narcotic smuggling, dumping, etc.

TBH, unless you're a **** human being, not even sure what authority you're trying to avoid by sailing. What's so overwhelming in day to day life on the hard that's overbearing?

[Adelie]

Originally Posted by boatman61

The boat with the biggest cannon..

No the boat with the NEAREST cannon that wants you to do something.

[ravinracin]

The Us Coast Guard operates hundred of miles off the California coast as does the US Navy, If the captain of one of these vessels suspects you are carrying drugs, smuggling of any kind, they will board and search you. They may not have legal authority, but they have might and they will use it. I know the same thing happened off the coast of Florida, in international waters, in the 70's, but can't comment on their practices today.

[Cadence]

I shouldn't think boarding by the CG of a civilized nation would be a problem to anyone? It is perplexing that some have a problem with it. Is it paranoia?