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Put crew and vessel safety first: keep a proper lookout, maintain a safe speed, avoid sudden or threatening maneuvers, and communicate calmly if it is safe to do so. If an instruction is unclear or appears to create an immediate hazard, state the safety concern and ask for clarification while continuing to avoid collision. Whether the approaching vessel has legal authority cannot be determined from the phrase “disputed waters” alone.
What to do during the approach
- Take control of navigation. The skipper should assess traffic, weather, sea room, the vessel’s maneuverability and any fishing gear in the water. Keep a proper lookout by sight, hearing and other available means. Rule 5 of the International Regulations for Preventing Collisions at Sea (COLREG), as summarized by the International Maritime Organization (IMO), says: “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.”
- Use a safe speed and avoid escalating maneuvers. Do not ram, obstruct, make threatening gestures, or make sudden movements that could endanger either vessel. If fishing gear limits maneuverability, account for it when assessing collision risk; do not put people at risk trying to recover gear during a close approach.
- Communicate clearly when practicable. Use the vessel’s normal radio procedures if available and safe. Identify your vessel and position, listen for the other vessel’s identity and instructions, and repeat or request clarification when needed. Equipment and reporting requirements vary with the boat, its flag and operating area.
- Respond to instructions with safety in mind. If an instruction is clear and can be followed safely, comply while keeping the vessel under control. If it is unclear or would create an immediate hazard, explain the concern and request clarification. This practical safety advice is not a determination that every order in every disputed location is legally binding.
- If boarding begins, avoid interference. Keep the crew non-confrontational, maintain safe control of the fishing vessel, and do not physically resist or conceal or discard records. If it is safe, note the boarding vessel’s markings and the reason given for the inspection.
- Record the encounter once it is safe to do so. Log the time and position, weather, vessel markings, radio exchanges, instructions, any boarding or search, injuries or damage, and witnesses. Preserve original written and electronic records. Report through the relevant flag-state, fisheries or maritime authority when safe.
- Use distress procedures for actual danger. If people or the vessel are in immediate danger, follow the applicable distress and search-and-rescue procedure. FAO describes the Global Maritime Distress and Safety System (GMDSS) as a way to alert search-and-rescue authorities and nearby ships so assistance can be coordinated.
Why “disputed waters” does not settle the legal question
A maritime dispute does not, by itself, establish which state has authority to enforce fisheries rules at a particular position. The legal analysis depends on the location and circumstances, and the factors below help explain why a general answer cannot decide a specific encounter. They are not a test that crews can use on their own to determine whether an approach or boarding is lawful.
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| Factor | Why it matters | What it does not establish by itself |
|---|---|---|
| Exact position and maritime zone | Different UNCLOS provisions apply in different maritime zones and circumstances. | A state’s claim, or the label “disputed waters,” does not alone settle sovereignty or enforcement authority. |
| Fishing or transit | UNCLOS says fishing in a foreign state’s territorial sea is an activity that makes passage non-innocent. | This rule does not show that a particular position is within that state’s territorial sea. |
| Vessel flag and applicable agreements | Flag-state law, relevant agreements and domestic law can affect the rules that apply. | The flag alone does not resolve every question about an enforcement encounter. |
| Identity and asserted authority of the approaching vessel | The identity of the vessel and the authority it claims are relevant to assessing the incident. | A vessel’s appearance or stated authority alone does not prove that a particular boarding is lawful. |
What the international sources say—and what they do not
Territorial-sea passage and fishing
UNCLOS Part II addresses passage through another state’s territorial sea. It treats fishing there as activity that makes passage non-innocent and says that foreign ships exercising innocent passage must comply with applicable coastal-state laws and collision regulations. Those provisions matter only when the location and circumstances fit them; they do not decide sovereignty just because a state makes a claim.
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High-seas visits
UNCLOS Part VII provides a limited right of visit for warships on reasonable grounds in specified situations, subject to treaty-based exceptions. It is not a complete code for coast guards or all fisheries enforcement. It should not be read as a reason for a crew to risk a collision or physically resist an approaching vessel.
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Retevis RM21 5W Marine Radio VHF IP67 Floating, Noise Cut for Boat (1 Pack)
- AI intelligent noise cancellation; the RM21 marine radio reduces engine noise; wind; and waves for clear voice transmission; 1-button noise cancellation makes operation simple; 1-button monitoring; for duck hunting; layout boat; offshore fishing; for watermen; yacht crews; schiff
- HI/MI/LO (5W/3W/1W) switch; this marine two way radio match your communication range needs; combined with the battery saver mode; the vhf radio marine reduces power consumption and extends battery life for all-day boating and offshore fishing
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Fisheries inspection guidance
The FAO Code of Conduct for Responsible Fisheries describes enforcement powers that national authorities may put into law, including stopping a fishing vessel, requiring fishing to cease, boarding and, in circumstances described by the Code, escorting a vessel to port. The Code is guidance, not a universal treaty command to crews, and it does not establish the authority of a particular patrol vessel.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Prepare the vessel before an encounter
The joint FAO/ILO/IMO 2012 safety recommendations for small fishing vessels discuss radio communications and include GMDSS-related guidance. A vessel-preparation checklist should reflect the boat, flag, operating area, local requirements and crew training.
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Retevis RM01P 3.5W Marine Radio VHF IP67 Floating, USB-C for Fishing(1Pack)
- Lightweight & easy to use; the RM01P features 3.5W transmit power to help anglers stay connected on rivers and lakes; the included belt clip and lanyard provide convenient carrying and one-hand operation
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- Confirm that the crew knows its normal radio procedures and how to use the vessel’s distress and safety equipment.
- Consider whether a handheld marine VHF radio is appropriate for the vessel and operating area; the recommendations establish category relevance, not a universal carriage rule or endorsement of a particular model.
- Keep vessel, position-reporting and fishing-activity records in a form that can be preserved if an incident occurs.
FAO’s Fishing Safety page estimates that more than 32,000 fishers die while doing their job; the page does not state a year for that estimate. Safe navigation and a prepared crew matter regardless of how a later legal dispute is resolved.
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Retevis RM20 25W Fixed Mount Marine Radio, IP67 Built-in GPS DSC Loud Audio
- 110dB loud speaker & large control knobs — delivers clear audio in windy; noisy conditions; easily adjust volume and squelch for reliable communication on fishing boats and recreational vessels
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KSUN P88 Handheld Marine Radio Floating Portable Two-Way Radio
- Lightweight and Portable; P88 handheld marine radio has a sleek design which is lightweight and easy to carry; easy recovery even if the device falls into the water.very suitable for use in environments at sea; such as fishing enthusiasts; kayak; motorboat; sailing club; beach security；offshore operations；cruise ships；and port schedulingetc.
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- Fast charge and long service life; P88 marine radio is compatible with batteries(included); Supports Type-C fast charging, large capacity, and long battery life.make your charge easier and faster; please use adapter and charging cable in the package to chargethe marine radio; and don't use the adapter to charge any other electrical appliances withsame interface
- Marine Radio Channels: This marine radio has 16 channels and can receive all US, Canadian and international marine VHF channels. You can use the K-head writing cable for channel modification (not included), contact us if you need software.
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Retevis RM15 6W Marine Radio VHF IP68 Floating, Type-C for Fishing (1 Pack)
- IP68 waterproof marine radio; the RM15 VHF radio marine resists saltwater corrosion; rated for water immersion up to 1.5 meters for 30 minutes; corrosion-resistant charging contacts; perfect for offshore fishing, bass fishing, and fishing tournaments
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- Dual-way noise reduction system; the RM15 VHF marine radio reduces noise on both transmit and receive audio for clearer two-way communication; a powerful 1000mW (1W) speaker delivers loud, crisp sound even in noisy marine environments
- 16km long range communication;6W vhf marine radio;designed for open water marine activities;whether racing sailboats or navigating choppy seas during fishing trips;helps you stay connected in demanding offshore environments
- Long battery life; the RM15 VHF marine radio features a 2000mAh battery, USB-C ports on both the radio body and charger, and a included cable for 5V/2A or 5V/1A adapter charging. Enjoy over 10 hours of operation and up to 100 hours standby.
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