Coast Guard Approach in Disputed Waters: Crew Protocol

When a coast guard vessel approaches your fishing boat in disputed waters, your immediate priority is to ensure the safety of your crew and vessel while avoiding any action that could be interpreted as resisting or evading the boarding. You should stop your engines, establish radio contact on VHF channel 16, and follow the boarding party’s instructions while documenting the encounter as thoroughly as possible. This article explains the practical steps to take before, during, and after such an approach, the legal context of disputed waters, and common pitfalls to avoid.

Background: Why Disputed Waters Are Different

Disputed waters are maritime areas where two or more states claim overlapping exclusive economic zones (EEZs) or territorial seas. Examples include the South China Sea, the Eastern Mediterranean, and parts of the Arctic. In these zones, the legal framework is ambiguous: each claimant state may enforce its own laws, and a vessel can be boarded by multiple authorities claiming jurisdiction. For a fishing crew, this means the same set of coordinates could be legal under one state’s interpretation and illegal under another’s. International law, primarily the UN Convention on the Law of the Sea (UNCLOS), provides guidelines, but it does not resolve overlapping claims. Therefore, crews must be prepared for encounters where the legal basis for a stop is contested.

Before the Approach: Preparation and Communication

Preparation starts long before you see a coast guard vessel on the horizon. Your vessel should have a clear plan that all crew members understand.

• Know your position: Always maintain an accurate GPS log and chart plotter track. In disputed waters, a precise record of your location at all times is your primary evidence if you are accused of fishing in a restricted zone.
• Establish a communication protocol: Designate one crew member to handle radio communications and another to document the encounter (video, photos, written log). Ensure everyone knows not to argue or physically resist.
• Have documents ready: Keep vessel registration, fishing licenses, and crew passports in a waterproof, accessible folder. In disputed areas, you may be asked to present these multiple times.
• Agree on a company contact: Have a designated shore contact (company manager, lawyer, or embassy) who can be called immediately. Ensure the contact knows your intended route and fishing grounds.

During the Approach: Initial Contact and Radio Protocol

When you sight a coast guard vessel approaching, do not wait for them to call you. Take the initiative to establish contact.

1. Stop or reduce speed: If the vessel is clearly heading toward you with intent to intercept, slow down and prepare to stop. Do not make any sudden maneuvers that could be seen as evasive.
2. Call on VHF channel 16: Use the international hailing frequency. Say your vessel name, call sign, position, and that you are stopping. Ask the coast guard to identify themselves and state their purpose.
3. Follow instructions: If they order you to stop, heave to and shut off engines. If they ask you to proceed to a specific location, comply unless doing so would endanger your crew (e.g., heading into a storm).
4. Keep a log: Record the time, the vessel’s name/number, the officer’s name (if given), and every instruction you receive. This log will be crucial later.

The Boarding: Rights and Conduct

If the coast guard conducts a boarding, the situation is tense but manageable with the right conduct.

• Do not resist: Physically resisting a boarding is dangerous and will likely escalate the situation. Even if you believe the boarding is illegal, protest verbally and in writing, but do not obstruct.
• Cooperate with safety checks: Allow them to inspect safety equipment, life rafts, and fire extinguishers. This is standard and not an admission of guilt.
• Limit information: You are required to provide identification and basic vessel information. You are not required to answer questions about your catch, fishing gear, or activities without a lawyer present, but in practice, refusing may prolong the detention. State clearly that you are cooperating but that you wish to contact your embassy and company.
• Document the boarding: If possible, have a crew member film the boarding (check local laws on recording; in international waters it is generally legal). Photograph any damage caused by the boarding party.

Common Problems and How to Handle Them

Several issues frequently arise during these encounters. Knowing how to respond can prevent escalation.

• Conflicting orders: If two different authorities give contradictory instructions (e.g., one says proceed, another says stop), remain calm and ask for clarification in writing or on the radio. State that you are following the most recent instruction.
• Accusations of illegal fishing: If they claim you were fishing in a prohibited area, do not admit fault. State that you believe you were in international waters or a zone where you have a license, and request that the evidence be documented.
• Detention or arrest: If the crew is detained, ask to speak to your embassy immediately. Under international law, you have the right to consular notification. Do not sign any documents without legal advice.
• Communication breakdown: If radio contact fails, use signal flags (international code ‘L’ means stop your vessel) and a loudhailer. If they fire warning shots, do not panic; they are usually meant to get your attention, not to hit you.

Costs and Legal Consequences

The financial impact of a disputed-water incident can be severe. Fines for illegal fishing in contested zones can reach hundreds of thousands of dollars, and vessels can be confiscated. Additionally, there are indirect costs: lost fishing time, legal fees, and potential damage to the vessel during the boarding. In some cases, crews have been held for weeks while diplomatic channels resolve the dispute. It is essential to have insurance that covers political risk and legal defense, though such policies are expensive and not always available. The best cost mitigation is prevention: avoid known hotspots if possible, and always have a clear legal justification for your fishing grounds.

Safety Considerations and Alternatives

Your crew’s safety is paramount. In a confrontation, the risk of injury or death is real, especially if the coast guard uses force. If you are in a highly volatile area, consider these alternatives:

• Fish in less contentious zones: Even if you have a license, the risk may not be worth the reward. Research the current political climate before each trip.
• Use a fisheries observer: Some companies hire independent observers to document catches and positions. Their presence can deter false accusations and provide impartial evidence.
• Install a satellite tracking system: This allows your company to monitor your position in real time, which can be used to prove your location if challenged.
• Have a pre-agreed legal response: Work with a maritime lawyer to draft a statement you can present to boarding officers, asserting your rights without being confrontational.

Frequently Asked Questions

Do I have to stop if the coast guard is from a country I don’t recognize? Yes, you should stop. Even if you dispute their jurisdiction, resisting can lead to dangerous escalation. Stop, document, and protest through official channels later.

Can I refuse to let them board? You can verbally protest, but physically refusing is not advisable. In international law, a warship has the right to board a vessel suspected of certain violations, but in disputed waters, the legal basis is often murky. It is safer to allow the boarding while recording everything.

What if they order me to go to a port? If you are ordered to proceed to port, you must comply unless it is unsafe (e.g., due to weather). Request that the order be given in writing and that you be allowed to contact your embassy and company.

Should I have a lawyer on call? Yes, it is highly recommended. A maritime lawyer who is familiar with the region’s disputes can provide immediate advice and help you navigate the legal aftermath.

Can I be prosecuted twice for the same incident? In theory, no, but in disputed waters, two different countries may each claim jurisdiction and pursue charges. This is a known risk, and your legal defense should be prepared for this possibility.

What is the best way to prove I wasn’t fishing illegally? Your GPS log, catch records, and a video of the boarding are your best evidence. Ensure these are preserved and shared with your lawyer as soon as possible.

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