There's something magical about the open sea—salt on your skin, waves against the hull, sunrise off the bow. For many boaters, the promise of adventure and the freedom to set their own schedule make the journey as rewarding as the destination.
If you've dreamed of taking your boat beyond U.S. territorial waters, you're not alone. And you’re in luck, because you can reach international waters through the Great Lakes, the Atlantic and Pacific coasts and the Gulf of Mexico.
But boating in international waters takes more planning than a day on the local waterways. Before embarking, you must understand where international waters begin, which maritime laws apply, and how to prepare for your adventure.
What Happens When You Leave U.S. Territorial Waters?
Territorial waters are determined by the 12 nautical mile rule. Basically, this rule states that a coastal country’s rules and laws apply within 12 nautical miles of its coast. When you leave territorial waters, you enter international waters (also known as the high seas). Therefore, you are now subject to international waters laws.
What is Maritime Law and How Does it Apply to Recreational Boaters in International Waters?
No single country "owns" international waters, but that doesn’t mean they are lawless. Maritime law, also known as admiralty law, refers to the legal rules that govern activities on navigable waters. This applies to:
- Behavior
- Safety standards
- Collisions
- Personal injury
- Property disputes
For recreational boaters, international maritime law applies primarily through the legal jurisdiction of your boat’s flag state. This is the country where your boat is registered.
What is the United Nations Convention on the Law of the Sea?
The United Nations Convention on the Law of the Sea (UNCLOS) is the major international treaty that spells out who controls what parts of the seas, and the rights and responsibilities of countries and the people have in those waters. Although the United States has not ratified it, it follows most of its rules.
UNCLOS breaks up the ocean into zones. These zones are based on distance from shore as follows:
- 0–12 Nautical Miles—Territorial Seas: As noted above, a country rules its territorial waters like it’s part of its land, so you need to follow its laws.
- 12–24 Nautical Miles—Contiguous Zone: A country can still enforce customs, immigration and pollution laws.
- 12–200 Nautical Miles—Exclusive Economic Zone (EEZ): The country controls resources like fishing and oil, but boats usually can navigate freely.
- Beyond 200 Nautical Miles—High Seas: This is international waters. No country owns it.
When it comes to UNCLOS, recreational boaters should keep the following principles in mind:
- Know the maritime zone you are in
- Innocent passage—the right to pass through territorial seas as long as you’re not fishing, polluting, or threatening security—is a navigation right and does not exempt you from following coastal-state laws
- When cruising internationally, check the specific country’s entry, navigation, anchoring, fishing, environmental and safety requirements
How Can I Prepare for Boating in International Waters?
Before visiting a new country by boat, it’s important to understand the local regulations, customs and boating etiquette. This kind of preparation can help you avoid surprises and make your time on the water more enjoyable. Here are a few key things to consider:
Boating Rules: Every country has its own boating laws, customs and regulations. Taking the time to understand them before you arrive can help you avoid legal issues and make your trip go smoothly.
Licensing Requirements: Depending on where you’re traveling, you may need a boating license, certification, or an International Certificate of Competence (ICC).
Local Etiquette: Customs and practices vary from one country to another. Getting familiar with local expectations is a simple way to show respect and fit in with the boating community.
Navigation Practices: Make sure you understand local navigation rules, including speed limits, right-of-way rules and buoy meanings
Noonsite.com is a great resource for researching regulations and other practical information for countries you plan to visit.
What Are Essential International Boating Documents?
When traveling outside domestic territorial waters and visiting foreign countries, you’ll need to carry the following:
- Passports: Every person on board must have a valid passport
- Vessel Registration/Documentation: Federal documentation is widely preferred as proof of ownership
- Insurance Documents: Be sure to carry proof of international or third-party marine liability insurance
- Radio License: FCC Ship's Station License and an MMSI number for your marine VHF/AIS radio
- Crew and Passenger List: A document listing everyone on board, their roles and passport numbers
- Port Clearance (Zarpe): An official departure document issued by customs proving you left a country legally
Read Next: Boat Capacity Requirements
Q&A:
Q: What Are International Waters, and Where Do They Begin?
A: International waters begin where a country’s territorial waters, which extend up to 12 nautical miles from its coastline, end. Within the 12 nautical miles of territorial waters, the country has jurisdiction and its laws apply. Beyond that point, international waters begin. Therefore, the coastal country’s jurisdiction no longer applies, and international waters laws go into effect.
Q: What Laws Apply When Boating in International Waters?
A: When you are boating in international waters, the laws of the country where your boat is registered apply to your vessel, passengers and crew. You also must follow the International Regulations for Preventing Collisions at Sea (COLREGS) when you are traveling on the high seas.
Q: Can You Legally Boat into International Waters from the United States?
A: Yes, recreational boaters can legally travel into international waters from the U.S. However, if you stop at a foreign port, you must report both your departure and return to the U.S. Customs and Border Protection (CBP).
The easiest way to do this is to use the CBP Roam™ mobile application, which is available on the Apple App Store or Google Play Store. This app lets boaters report offshore trips right from their phone.
Recreational boats that depart from the United States, travel into international waters, and return to the United States without visiting a foreign port do not need to report their travels.
