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What to do during the approach
Use this sequence as practical safety guidance, not as a determination of which authority has jurisdiction. Safe vessel handling takes priority over radio use, note-taking, or argument.
1. Stabilize the vessel and assess collision risk
The skipper should take charge of navigation, keep the crew informed, and assess traffic, weather, fishing gear, maneuverability, and available sea room. Avoid sudden course or speed changes that could endanger either vessel. The International Maritime Organization’s overview of the Collision Regulations (COLREG) quotes Rule 5: “every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.” Safe-speed and collision-avoidance duties also matter during a close approach.
2. Communicate clearly, if it is safe to do so
Use the vessel’s normal radio procedures. Identify your fishing vessel and position; listen for the approaching vessel’s identity and instructions. If you do not understand a direction, repeat it back or ask for clarification. If following it immediately would create a collision or other immediate danger, explain the safety concern and request a safe alternative while continuing to maneuver prudently. Radio equipment and reporting channels vary by vessel, flag, operating area, and local requirements; do not assume every small fishing vessel has the same equipment.
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3. Do not escalate the encounter
Do not ram, obstruct, threaten, make abrupt evasive maneuvers, conceal or discard records, or physically resist. If a clear instruction is given, comply when safe; communicate promptly if it is unclear or appears unsafe. These are safety recommendations, not a claim that every order in every disputed location is legally valid or that a crew has a universal legal duty to obey every order.
4. If boarding begins, keep people safe
The skipper should continue managing the vessel and crew, avoid interfering with the boarding party, and follow safe instructions. When it does not distract from vessel handling, note the patrol vessel’s identification and the reason it gives for the boarding. Do not turn the encounter into a physical confrontation.
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5. Use distress procedures if there is actual danger
If there is an immediate threat to life or vessel safety, use the applicable distress and search-and-rescue procedure. FAO material describes the Global Maritime Distress and Safety System (GMDSS) as a system for alerting search-and-rescue authorities and nearby ships so assistance can be coordinated. Follow the procedures and equipment requirements applicable to the vessel and its operating area.
Why “disputed waters” does not answer the legal question
The legal position cannot be determined from that description alone. The relevant maritime zone, coordinates, activity, vessel flag, applicable agreements and laws, and the identity and asserted authority of the approaching vessel may all matter. These factors help frame the question; they do not, by themselves, determine whether a particular interception or boarding is lawful.
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| Factor | Why it matters | What it does not establish by itself |
|---|---|---|
| Location and maritime zone | UNCLOS contains different rules for territorial seas and the high seas, among other contexts. | A state’s claim over an area does not, by itself, resolve a sovereignty dispute or establish that the location falls within its territorial sea. |
| Fishing or transit | UNCLOS Part II says that a ship engaging in fishing in another state’s territorial sea is not exercising innocent passage. | That rule does not establish that a disputed location is part of that state’s territorial sea or settle the authority of a particular patrol vessel. |
| Flag and applicable agreements | The vessel’s flag and relevant treaties, agreements, and domestic laws can affect the rules that apply. | The flag alone does not resolve every jurisdictional or enforcement issue. |
| Identity and authority of the approaching vessel | The vessel’s identity and the authority it asserts are relevant to assessing an encounter. | The fact that a vessel is described as a coast guard does not, without the case-specific legal context, settle its authority. |
What the cited legal materials say—and what they do not
UNCLOS Part II addresses passage through another state’s territorial sea, including the effect of fishing on whether passage is innocent. UNCLOS Part VII provides a limited high-seas right of visit for warships on reasonable grounds in specified situations, subject to treaty-based exceptions. That provision is not a complete code for coast guards or all fisheries enforcement, and it should not be treated as a general answer to whether a crew may refuse an approach.
The FAO Code of Conduct for Responsible Fisheries describes fisheries-management and enforcement powers that national authorities may put into law. Its model provisions include stopping a fishing vessel, requiring fishing to cease, facilitating boarding, and, in described circumstances, escorting a vessel to port. The Code is guidance, not a universal treaty command to crews; whether those powers apply in a particular encounter depends on the governing law and agreements.
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What to document once vessel handling is safe
Make notes only when doing so will not distract the skipper or crew from safe navigation. Preserve original records rather than editing or deleting them.
- Record the time and position, using the vessel’s normal log and navigation records where available.
- Note weather, traffic, vessel markings or identification, instructions, and radio exchanges as accurately as possible.
- Record whether a boarding or search occurred, any damage or injuries, and the names or contact details of witnesses if available.
- Preserve relevant written and electronic records. Report the incident through the appropriate flag-state, fisheries, or maritime authority when it is safe to do so.
FAO’s fisheries Code recommends records of vessel activity and interventions by authorized persons. That recordkeeping guidance does not itself decide whether a particular intervention was authorized.
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Prepare the crew and communications plan before sailing
Agree in advance who handles navigation, who communicates, and how the crew will raise an immediate safety concern. Make sure crew members know the vessel’s distress procedures and how to preserve the navigation and communications records without distracting the skipper during an encounter.
- Confirm the radio and emergency equipment appropriate to the vessel, operating region, and local requirements, and ensure the crew knows how to use it. A handheld marine VHF radio may be relevant to a vessel’s preparation, but the appropriate equipment and any carriage requirement depend on those circumstances.
- Set a clear way to record position, time, and radio traffic after safety is established.
- Review how to contact the applicable search-and-rescue service and which authority should receive an incident report.
The joint FAO/ILO/IMO safety recommendations for small fishing vessels cover radio communications and GMDSS-related guidance. They are planning guidance; they do not mean every fishing vessel has identical equipment obligations.
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