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State Waters vs. High Seas: Why the “3-Mile Line” Changes Your Case
If you work on the river, fish the Gulf, or take weekend trips by boat, where an incident happens can change everything. Lines on a chart might look simple, yet those lines decide which laws apply, who investigates, and how a claim gets handled.
Shlosman Law Firm is a New Orleans personal injury firm that helps people after serious accidents on the water and on land. Our goal here is to explain state waters and the high seas in plain language, so you know the lay of the water before problems strike.
This article offers general information for learning purposes only. It is not legal advice, and your case can turn on small facts most folks would miss.
Defining Maritime Zones: State Waters and High Seas
Maritime law starts with geography. The United Nations Convention on the Law of the Sea, widely followed around the world, lays out the framework for the different zones. It uses a baseline, which is the low-water line along the coast, to measure those zones (UNCLOS, Article 5).
State Waters
State waters are the areas close to shore where a state holds jurisdiction. In practice, this usually includes internal waters and a belt of sea that runs outward from the baseline. For Louisiana residents, this covers rivers, harbors, and parts of the coastal Gulf near shore.
Internal waters include rivers, harbors, and bays that fall inside the baseline. These waters sit under the state’s complete sovereignty, as noted in the 1982 Convention articles 2(1) and 8(1). Day to day, that means state and local rules typically govern activity there, along with applicable federal maritime standards.
Outside internal waters, the territorial sea extends out to 12 nautical miles from the baseline under Presidential Proclamation No. 5928. The coastal state holds sovereignty in this belt, but foreign ships keep the right of innocent passage. In simple terms, Louisiana and the United States have strong control closer to shore, while still allowing ships to sail through without trouble if they act peacefully.
These categories set the stage for what happens in a claim, a contract dispute, or a criminal case. Now, let’s look at the ocean beyond coastal belts.
High Seas
The high seas cover all parts of the sea not included in any state’s internal waters, territorial sea, or exclusive economic zone. No single nation owns this area under UNCLOS. International law protects freedom of navigation, overflight, fishing in allowed zones, and scientific research, within safety and environmental limits that apply to all.
Vessels on the high seas usually follow the laws of their flag state. That flag matters a lot since it can steer everything from working conditions to who investigates an onboard incident.
Main Differences: Jurisdiction and Legal Rights
Where an incident occurs can flip the rulebook. An injury near shore often looks very different from a crash hundreds of miles out. With that in mind, here is how jurisdiction and rights usually line up.
Jurisdiction
Inside state waters, the laws of that state generally apply. Federal maritime law can also play a role, especially in boating crashes and commercial activity. On the high seas, the laws of the ship’s flag state usually control, with international treaties and conventions layered on top.
If a crime involves U.S. citizens out on the high seas, federal agencies such as the FBI can get involved. The exact response often turns on the ship’s flag, the location, and any treaty obligations. Quick reporting helps preserve evidence and establish which authorities step in.
Legal Rights and Responsibilities
Maritime workers have rights under international labor conventions and the laws tied to the vessel’s flag. Those rights include fair pay, safe working conditions, and access to medical care. On the high seas, shipping and fishing operations must follow global treaties that address safety, pollution prevention, and fair resource use.
Inshore activity often folds in state licensing rules, local safety ordinances, and federal maritime standards. Offshore activity leans more on flag-state law, international rules, and company policies that mirror those standards.
The table below compares the zones at a glance. It can help you spot early differences that affect claims, coverage, and next steps.
| Topic | State Waters | High Seas |
| Who has authority | State government and U.S. federal authorities | Flag state of the vessel, with international law |
| Legal framework | State law, federal maritime law, local rules | Flag-state law, international conventions, some U.S. law for U.S. citizens |
| Common incidents | Recreational boating crashes, dock injuries, spills near shore | Commercial vessel accidents, cruise ship incidents, piracy concerns |
| Investigators | Local law enforcement, state agencies, U.S. Coast Guard | Flag-state authorities, U.S. Coast Guard for U.S. vessels, sometimes the FBI |
| Worker protections | State and federal safety rules, maritime law | International labor standards and flag-state rules |
Common Legal Issues in Each Zone
Different waters bring different problems. The Gulf near Louisiana sees a mix of commercial, recreational, and offshore traffic, which can raise distinct legal questions in each zone.
State Waters: Potential Issues
Close to shore, claims often revolve around everyday boating, shipping, and waterfront work. These cases still move fast, and quick action can protect your rights.
- Marine Accidents, including collisions, allisions, and other mishaps within state waters.
- Personal Injury, such as injuries on vessels or docks inside state jurisdiction.
- Environmental Violations, including illegal dumping or pollution near shore.
Photos, videos, and witness names can make a major difference here. Reporting to the U.S. Coast Guard and local agencies helps lock down facts and timelines.
Further offshore, jurisdiction gets more complicated. Contracts, ticket terms, and the vessel’s flag can shape where a case gets filed and which rules apply.
High Seas: Potential Issues
Out on international waters, claims often involve large crews, complex policies, and cross-border rules. Coordinated investigations are common.
- Maritime Accidents with tricky jurisdiction questions for liability and compensation (Understanding International Water Boundaries is Key for Travelers and Maritime Workers).
- Cruise Ship Incidents involving injuries, illnesses, or crimes that call for careful review of ticket contracts and forum clauses (Maritime Accidents).
- Piracy and Security threats that require international cooperation and careful reporting to appropriate authorities (Common Legal Issues in International Waters).
- Labor Rights concerns such as pay disputes, unsafe work, or medical access while under way (Common Legal Issues in International Waters).
Reading contracts early helps, but even then, practical steps like getting medical care and documenting the scene will carry far more weight than debating fine print aboard the ship.
How Maritime Boundaries Affect Personal Injury Claims
Knowing where an injury happened helps determine which law applies, where to file, and who is responsible. A fall on a dock inside a harbor usually follows a different path than a rig transfer accident far offshore. That single fact, location, can change deadlines, damages rules, and the mix of state, federal, and international law.
Your legal options can shift based on the zone, the ship’s flag, and any international conventions that cover your situation. U.S. maritime law, including statutes that protect seafarers, can also play a part. Insurance policies sometimes point to the court that must hear a case, which adds another layer.
Here is a simple way to think through early steps after a maritime injury. These points help protect your health and your claim.
- Get medical care right away, onboard or onshore, and ask for copies of all records.
- Report the incident to the proper authority, such as the U.S. Coast Guard or ship security.
- Collect evidence, including photos, witness names, and any written policies or tickets.
- Talk with a lawyer who handles maritime and injury cases to sort out jurisdiction and deadlines.
Fast action helps keep your options open. Waiting can let evidence fade, which makes every part of a claim harder.
Injured in a Maritime Accident? Contact Shlosman Law Firm for Assistance
Shlosman Law Firm helps clients rebound after injuries tied to vessels, docks, rigs, and offshore jobs. We hold corporations and insurers accountable, and we fight for compensation that reflects what you lost, including medical care and missed work.
If you or a loved one was hurt on the water, reach out and get answers that fit your situation. Call 504-826-9427 or visit our website to start a free conversation about your options. We welcome your questions, and we will work to protect your rights from day one. Our firm is committed to strong results for New Orleans families and maritime workers across the Gulf Coast.