While in a US port, the FBI and USCG board and present evidence that your vessel has been bypassing the OWS for months using a "magic pipe." You had no personal knowledge. What is your legal position?

A. MAGIC PIPE US CRIMINAL PROSECUTION — MASTER'S POSITION: IMMEDIATE ACTIONS (FIRST 30 MINUTES): (1) DO NOT MAKE ANY STATEMENTS to the FBI or USCG agents — invoke your right to remain silent. Politely but firmly: "I have no statement to make until I have spoken with legal counsel"; (2) CONTACT P&I CLUB IMMEDIATELY: call the P&I Club correspondents in the US (the Club maintains 24/7 US legal support). Do not answer questions before lawyers arrive; (3) IDENTIFY THE EVIDENCE: agents will typically present: transcribed crew interviews, ORB discrepancies, photographs of bypass equipment, witness testimony. Note what evidence they have but make no admissions; (4) DO NOT CONSENT TO SEARCHES BEYOND THEIR AUTHORITY: USCG has broad inspection authority on vessels in US waters but there are limits — let the lawyers assess; LEGAL FRAMEWORK: 33 USC 1908 — APPS (Act to Prevent Pollution from Ships) creates federal criminal liability. US courts have prosecuted: (a) the vessel itself (fines up to $500,000 per day per violation); (b) the chief engineer (as operational officer); (c) THE MASTER (as commanding officer responsible for vessel operations); (d) the company (separate corporate prosecution). MASTER'S PERSONAL DEFENCE — "I DIDN'T KNOW": the US standard for criminal liability is typically "knew or should have known." The prosecution can argue: (a) the ORB showed suspiciously round numbers; (b) OWS maintenance records showed no maintenance on a system supposedly in heavy use; (c) Chief engineer's access to the master's report. "I didn't know" is a possible defence but requires robust evidence that the master had no actual or constructive knowledge.

B. Confess everything you know to the investigators immediately. Cooperation will result in reduced charges and the company will cover any fine.

C. The master is only criminally liable for offences they personally commit. As you personally did not operate the magic pipe, you cannot be prosecuted.

D. Request permission to sail the vessel immediately. US prosecutors cannot charge a master under international maritime law once the vessel leaves the 12-mile limit.

A. POST-COLLISION COMMAND — FIRST 60 MINUTES: IMMEDIATE (0-5 MINUTES): (1) SOUND GENERAL ALARM — crew to emergency stations; (2) DAMAGE ASSESSMENT TEAMS: chief officer to assess deck damage, chief engineer to assess engine room/hull; (3) WATERTIGHT INTEGRITY: close all watertight doors, valves, and openings. Prevent progressive flooding; (4) BROADCAST MAYDAY/PAN PAN: Mayday if in immediate danger of sinking; PAN PAN if stable but requiring assistance. VHF Channel 16; (5) CONTACT OTHER VESSEL: establish VHF contact with the other ship. Assess their condition, casualties, damage; (6) REMAIN IN VICINITY: SOLAS V/33 and COLREGs Rule 29 — the master must render assistance to the other vessel's crew if they are in danger. DEPARTING THE SCENE IS A CRIMINAL OFFENCE unless doing so puts own vessel in danger; SHORT-TERM (5-30 MINUTES): (7) FLOODING CONTROL: chief engineer manages ballast/bilge pumps. Assess rate of flooding; (8) CASUALTIES: first aid to injured. Assess if medical evacuation needed; (9) STABILITY: load stability/loadicator — does flooding affect GM? Which tanks can be counter-ballasted?; (10) NOTIFY: owner, DPA, flag state, P&I Club; (11) PRESERVE EVIDENCE: order VDR isolation immediately. No one to alter or erase any navigation records; (12) OFFICIAL LOG: immediate preliminary entry — time, position, weather, events; MEDIUM-TERM (30-60 MINUTES): (13) Assess whether to proceed to nearest port or seek anchorage; (14) Notify port/harbour authority of vessel approaching with collision damage; (15) MAIB notification if required (serious injury, significant damage, oil discharge).

B. Proceed immediately to the nearest port. Reporting the collision to authorities should wait until the vessel is safely alongside and the damage has been fully assessed.

C. Contact only your own company before any other communication. The company will decide which authorities are informed and what is reported.

D. In a collision, the priority is to separate the vessels as quickly as possible and proceed at best speed to a safe anchorage. Contact with the other vessel should be avoided until lawyers are involved.

A. MAIB INVESTIGATION — MASTER'S RIGHTS AND OBLIGATIONS: DUAL AUTHORITY: there are TWO separate bodies present with different powers and purposes: (1) MAIB Inspector (MAIB Regulations 2012): the MAIB investigation is a SAFETY investigation, not a criminal prosecution. Its purpose is to determine causes and prevent recurrence, NOT to apportion blame. However, MAIB can share evidence with prosecutors. MAIB powers under the MAIB Regs 2012: (a) inspect and copy documents; (b) require persons to attend and answer questions; (c) inspect the vessel. MAIB INTERVIEW — YOUR RIGHTS: (i) you have a right to be accompanied by a legal representative; (ii) anything you say in a MAIB interview CAN be shared with MCA enforcement and potentially used in criminal proceedings; (iii) RIGHT TO SILENCE: in England, Wales and Scotland you have a right not to incriminate yourself — BUT the MAIB Regulations 2012 Regulation 29 creates a compulsion to answer. Seek immediate legal advice on this tension; (2) MCA SURVEYOR (Merchant Shipping Act 1995 Section 261): the MCA surveyors are conducting an enforcement/statutory investigation. You have: (a) RIGHT TO REMAIN SILENT — you are not obliged to answer questions that may incriminate you; (b) RIGHT TO LEGAL REPRESENTATION — do not answer questions without your P&I Club lawyer present; (c) RIGHT TO BE INFORMED of the purpose and nature of the investigation. PRACTICAL ADVICE: (i) be courteous and cooperative in access to documents and vessel; (ii) do not refuse access to the vessel; (iii) contact P&I Club lawyers BEFORE any substantive interview; (iv) provide factual documents (log books, VDR data) — these are documents, not testimony; (v) do not volunteer additional information beyond what is requested.

B. MAIB and MCA investigators have identical powers. You must answer all questions fully from both investigators without any right to remain silent.

C. You have no obligation to speak to investigators until the vessel is in your flag state's jurisdiction. Politely ask them to leave the vessel and contact your flag state maritime office.

D. The MAIB is a criminal court. Anything you say will be used against you and you should refuse to speak to them at all without a criminal defence barrister present.