International waters include the four oceans and the seven seas, which are not owned by anyone. You do not need anyone’s permission to land in the open ocean.
- International Water
Whenever I fly over the Atlantic or the Mediterranean on a windy day, I wonder why anyone would want or need to land in what seaplane pilots call Big Water—even with a Catalina or a Grumman Mallard. The open ocean, technically called the High Seas, is the domain of heavy navy vessels and merchant marine ships, not seaplanes. I have, however, landed on the high seas multiple times for medical evacuations when a patient could not wait until the ship reached port. Appendicitis waits for no man.
- Territorial Waters
Next are the federally controlled territorial waters where coastal sovereign states have jurisdiction over the marine and airspace. Sovereign waters extend anywhere from 12 to 200 nautical miles off the coastline. Federally controlled territorial waters also apply to internal waters such as bays, inlets, river mouths, and navigable rivers like the St Lawrence Seaway.
Internal territorial waterways, such as rivers, lakes, and lagoons, will be regulated by state or provincial jurisdictions unless federally mandated, such as in a National Park or designated navigable waters. The Danube is an example of an inland waterway under international territorial jurisdiction.
In Nigeria, the Federal Inland Waterways management wanted to charge me for passage between Lagos and Port Harcourt. They ruled the seaplane as a vessel but forgot about the airborne part. They calculated the total route distance, thinking they had found a golden egg. I demonstrated to them the distance (2200 ft) the seaplane spent on the water before I left their jurisdiction. They realized it would cost more to bill me than they would get in return.
Jurisdictional jurisprudence.
Sometimes, island communities hold jurisdiction over their reefs, lagoons, bays, and inlets, especially when it comes to protecting the environment.
A local marine biologist in the Philippines told me I couldn’t land inside the Boracay Island reef because it would scare the fish. I asked him why the fish would fear my seaplane when they were not scared of the many boats. He said it was because they would not recognize a seaplane. I said we landed seaplanes in lagoons in the Maldives thousands of times, and the fish were all still there. He said those fish are different. I said it’s the same fish, like clownfish, parrotfish, and the like. He said no, our fish are Filipinos.
Lack of jurisdictional jurisprudence.
- Ports and Harbours
Ports and Harbours are generally federally controlled and within sovereign jurisdictions. The sovereign state (the country) will determine the standard, and the port or harbour authorities will determine the rules, regulations, and standard operating procedures. They also assume the liabilities. When setting up a seaplane base, I look for harbours before considering ports. Ports have more restrictions, rules and regulations, and big ass container ships.
- Harbours
In the Philippines, I wanted to set up a seaplane base in Manila Bay. The bay is a large natural harbour with the north section designated as a port. I avoided the port area and focused on the two marinas to the south.
But the CAA said no. They could not find any regulations prohibiting seaplane operations, but they said there was no precedent for such an approval. After digging, I found three. Pan American’s China Clipper was the most obvious, landing frequently in Manila starting in 1935. Also, there had been a World War II U.S. Navy seaplane base at Sangley Point.
Finally, I talked to Subic Mike, an American pilot operating a 1954 Cessna 180 on floats. He showed me a photocopied hand-drawn map of the harbour and a few lines indicating where he could fly, land, and take off. The map looked suspicious, and I knew he didn’t land in those designated areas, but a precedent is a precedent.
I brought these to the CAA, who permitted me to establish a seaplane base.
However, they denied ever giving Subic Mike any such permissions. Oh, and they asked me to ask him nicely to turn himself in the next time I see him. His commercial pilot license had expired two years before.
When interpreting or establishing regulations, the question is, “Can we do this safely?” That is the criterion I feel comfortable with—doing it safely and reliably without violating other rules or regulations. It’s about following the letter of the law, understanding and adapting international standards to local regulations, and navigating your way to approval.
- Ports
Ten years after Apartheid ended, I was setting up a seaplane operation in South Africa. The CAA helped us get an AOC, but let us land where we could. We wanted our base in Cape Town Inner Port. Who wouldn’t? The final authorization would come from the port authorities.
On the phone, the Harbour Master said there was no way in hell – not in my port. But after meeting him for lunch and taking him and his family on a scenic “proving” flight around the Cape of Good Hope and landing in the harbour (to show him how safe and easy it was), we devised a plan.
One requirement he was concerned about was that all vessels transiting the port must use horn signals. Three short blasts and one long blast mean a big ass ship is backing out of its berth and not using a backup camera. I am glad big ships have big horns, but I doubt the ship captain would give a toot about mine. To be compliant, and I am compliant, I went into a marine shop and bought a perfectly legal handheld air horn – with the signals written on the can.
Seaplane Water Aerodromes
What determines the requirements for a seaplane water aerodrome? Again, jurisdiction and interpretation of standards, based on answering the question, is a seaplane, an airplane or a boat?
We know a seaplane is an airplane in the air and a vessel on the water, right? This vessel gains speed during takeoff, and at a magic moment, it becomes an airplane?
Nope. I do not buy it. We know this by reviewing jurisdiction.
What does not add up? A ship captain cannot fly a flying boat, but they do require international certifications to pilot a ship. Since a seaplane pilot does not have to pass an exam on marine laws, get a sea Captain certification, or operate a marine radio, how are they legally captaining a vessel on the water?
Although the distinction is not explicitly spelled out, we can reverse-engineer the answer by examining how marine and aviation laws address Wing-In-Ground power gliders. In other words, if a seaplane can reach an altitude of more than 150 meters over the sea, it is considered an airplane, and the IMO does not regulate it. In all circumstances and jurisdictions, seaplanes are airplanes, not boats. The right-of-way and safety equipment regulations, such as life vests, sea anchors and air horns, come from ICAO, not the IMO. Seaplanes require aviation VHF radios and must communicate with aviation authorities or transmit their intentions before getting airborne, according to airspace regulations. Seaplanes are regulated as aircraft, even when they are on water, primarily to maintain consistency in aviation safety and operational oversight, such as airworthiness, pilot certification, and controlled airspace operations.
While maritime right-of-way rules influence their movements on the water, seaplanes remain under the jurisdiction of ICAO and national aviation authorities.
The Nigerian Federal Waterways agent figured it out. Seaplanes on the water, for brief periods, are not classified as boats but still adhere to the rules (COLREGs) that govern the right-of-way for vessels based on the local jurisdiction. On the water, the seaplane will comply with either the IMO’s, the harbour’s, the ports’, or the water aerodromes’ rules regarding right-of-way.
From a safety management perspective, the question is, who ultimately has the right of way? The two jurisdictions, sea and air, face potential safety hazards inside ports or harbours where seaplanes are allowed to land and take off and where seaplanes and boats are most likely to mix.
A seaplane captain knows the seaplane has the right of way during the landing phase, but does a marine captain? Not likely. It does not change the rules; it only changes the perspective. Seaplanes are airplanes when airborne and on water, but the concern is the in-between period—in other words, during takeoffs and landings. Seaplanes and watercraft operating in close proximity scare regulators, which is why water aerodromes are a point of contention.
However, instead of applying aviation rules of right-of-way to ports, regulators want to place an onus on seaplane operators by either not allowing them to operate at all or relocating their designated takeoff and landing zones away from boat traffic and outside protected areas. That does not have to be.
