Question 1

Your vessel has embarked a team of four Privately Contracted Armed Security Personnel (PCASP) for the Gulf of Aden transit. How does this affect the command structure and the master's authority?

Accepted Answer

PCASP — COMMAND AND MASTER'S AUTHORITY: IMO MSC.1/Circ.1405/Rev.3 and MSC.1/Circ.1406/Rev.3 provide guidance on PCASP. COMMAND STRUCTURE: (1) THE MASTER RETAINS FULL COMMAND: PCASP operate under the master's authority. They are security personnel on board — they do NOT command the vessel or override the master's decisions at any time; (2) PRE-BOARDING CONTRACT: a contract between the PCASP company and the shipowner defines the rules of engagement and the legal framework. This is reviewed and agreed before the PCASP embark; (3) RULES OF ENGAGEMENT (ROE): the master agrees the ROE with the PCASP team leader before entering the HRA. ROE must comply with the law of the flag state and the coastal state. In UK law, use of lethal force is permitted only in self-defence or defence of others against imminent lethal threat (the "reasonable force" principle); (4) MASTER'S AUTHORITY OVER USE OF FORCE: the master must agree to the level of force that may be used. The master can order PCASP not to fire in specific circumstances. However, individual PCASP have the legal right to use reasonable force in self-defence regardless of orders — this is an individual legal right, not one the master can override; (5) WEAPONS HANDLING: PCASP weapons must be under secure control. Storage, access, and handling procedures agreed in advance; (6) INCIDENT REPORTING: any use of force by PCASP must be reported to: the flag state, coastal state (if applicable), and documented in the vessel log and incident report; (7) FLAG STATE PERMISSION: some flag states require specific permission before PCASP can embark with weapons. Legal complexity of PCASP: the use of armed private security at sea involves multiple overlapping legal frameworks — flag state law, coastal state law (for territorial waters), international law of the sea, and the law governing use of force. The master's position is complex: they command the vessel and the PCASP's deployment — but they cannot direct PCASP to use lethal force unlawfully. ROE pre-agreement: before entering the HRA, the master and PCASP team leader agree the specific ROE. Typical graduated ROE: (a) verbal challenge; (b) physical deterrents (water hoses, pyrotechnics); (c) warning shots (into the water ahead of the approaching craft); (d) targeted defensive fire (only if under fire or imminent lethal threat). The master cannot override an individual's right to self-defence (option D) — this is a fundamental individual legal right. The PCASP team leader (option C): the team leader is a security expert, not a navigator. They take no authority over navigation. The master makes all vessel manoeuvring decisions. In an attack, the master manoeuvres the vessel; the PCASP provide defensive security. These are simultaneous, coordinated roles — not a transfer of command. Flag state permission: UK-flagged vessels require MCA approval before embarking PCASP. Some flag states have restrictions or requirements for specific notice before weapons are brought aboard. Non-compliance with flag state requirements can result in certificate suspension.

Question 2

You are transiting the Gulf of Aden as Master. Describe the command-level planning and decisions required under Best Management Practices 6 (BMP6).

Accepted Answer

BMP6 COMMAND FRAMEWORK — GULF OF ADEN: Best Management Practices for Protection Against Somalia-Based Piracy (BMP6) — published by shipping industry organisations (BIMCO, ICS, Intertanko, etc.) — is the definitive industry guidance for navigating High Risk Areas (HRAs). MASTER'S COMMAND-LEVEL RESPONSIBILITIES: (1) VOYAGE PLANNING FOR HRA: (a) Register with MSCHOA (Maritime Security Centre Horn of Africa) before transit; (b) File sailing plans with UKMTO (United Kingdom Maritime Trade Operations — Dubai) 24 hours before entering HRA and provide regular position reports every 12 hours within HRA; (c) Plan the transit to maximise speed and minimise time in HRA. Use the recommended transit corridor (IRTC) in the Gulf of Aden; (d) Plan transit timing — transit during daylight if possible for improved observation; (2) VESSEL HARDENING: (a) Razor wire on lower rails, manifolds, poop deck, bridge wings; (b) Citadel — a hardened, lockable space where all crew can shelter if the vessel is boarded. The citadel must have communications to MRCC; (c) Fire hoses rigged and pressurised along the ship's side — water barrier; (d) CCTV operational; (e) All external doors locked from inside; (f) Anti-climb measures on the hull; (3) ARMED SECURITY: assess whether to embark Privately Contracted Armed Security Personnel (PCASP). BMP6 acknowledges PCASP is the most effective deterrent. The master retains authority over PCASP at all times; (4) BRIDGE TEAM BRIEFING: brief all officers on watch for piracy indicators: fast small craft, skiffs, mother ships; (5) DISTRESS PLANS: if approached — sequence of alerts to UKMTO, naval forces, MRCC. BMP6 legal status (option B): BMP6 is industry guidance, not a statutory instrument. However, it represents the standard of reasonable care in the maritime industry. A vessel that suffered a piracy attack without implementing BMP6 measures would have difficulty defending against insurance claims, cargo claims, or crew injury claims. In practice, most charterers, insurers, and P&I Clubs require BMP6 compliance as a condition of cover. The IRTC (International Recommended Transit Corridor): an internationally agreed corridor through the Gulf of Aden with naval coalition patrols. Vessels using the IRTC benefit from naval presence. Vessels transiting outside the IRTC are more vulnerable. Naval escort (option C): naval escorts in the HRA (Operation Atalanta, CTF-151) are NOT automatic. They must be requested in advance through MSCHOA. Naval capacity is limited — priority is given to registered vessels. Radio silence (option D): completely counterproductive. UKMTO position reporting is the primary means by which naval forces know where vessels are. A vessel that maintains radio silence cannot be protected. The citadel: a hardened safe room where all crew can lock themselves in if pirates board the vessel. Requirements: (a) watertight/blast resistant enough to delay forced entry; (b) independent communication system (satellite phone or GMDSS equipment inside); (c) food and water for 48 hours; (d) no easy emergency escape route (so crew cannot be physically extracted). If all crew are in the citadel, naval forces can board a piracy-controlled vessel knowing no hostages are accessible. Armed security (PCASP): effective deterrent. Several studies show piracy attacks on vessels with PCASP have not resulted in successful hijackings. The master's authority: the master commands the vessel — PCASP operate under the master's rules of engagement, not their own.

Question 3

At 0300 on the Gulf of Aden transit, radar shows two fast small craft approaching from astern at 25 knots, closing rapidly. Bridge is alerted. As Master, what is your immediate response sequence?

Accepted Answer

PIRACY ATTACK — MASTER'S IMMEDIATE RESPONSE: TIME IS CRITICAL — at 25 knots closure rate at 3nm, you have approximately 7 minutes before contact. SEQUENCE: (1) IMMEDIATELY: activate the Ship Security Alert System (SSAS) — transmits an alert to the flag state maritime authority silently (without alerting the attackers); (2) CALL ALL CREW TO MUSTER — or activate predetermined alarm signal for piracy threat (different from general emergency alarm to avoid confusion); (3) ALERT UKMTO IMMEDIATELY: "UKMTO Dubai, UKMTO Dubai, this is MV [name], MMSI [number], position [lat/long], I am being approached by suspected pirates, two craft at [bearing] range [nm] closing rapidly. Please provide naval assistance." VHF Channel 16 and by satellite phone (+971 50 552 3215); (4) MAXIMUM SPEED AND MANOEUVRING: increase to maximum speed. Alter course to place the craft on the stern — they must then match every course change. Create a stern wake through sharp manoeuvring (the BMP6 "evasive manoeuvring" tactic); (5) ACTIVATE CITADEL PROTOCOL: if boarding appears imminent — direct all crew to the citadel with GMDSS equipment and satellite phone. Lock down and communicate from inside; (6) WATER BARRIERS: activate fire hoses along the ship's side to create water curtains at boarding points; (7) NOTIFY FLAG STATE AND COMPANY; (8) DO NOT RESIST PHYSICALLY if armed pirates board: BMP6 recommendation — crew should not physically resist armed pirates. Comply with instructions and activate the citadel protocol. SSAS — the silent alert: the Ship Security Alert System (SOLAS XI-2/6) transmits a covert alert to the flag state without sounding an alarm on the vessel. This allows a covert alert while the vessel continues to appear normal to the attackers. The flag state contacts naval forces. UKMTO: the operational contact point for military coordination in the HRA. The UKMTO number (+971 50 552 3215) should be posted in the bridge for immediate use. MAYDAY vs piracy alert (option D): MAYDAY (in distress) is the correct call IF crew are in immediate danger. But the standard response sequence goes SSAS → UKMTO → naval coordination first. A MAYDAY call also alerts the pirates (they may be monitoring VHF). The SSAS is covert. Some masters call UKMTO on a dedicated satellite channel precisely to avoid alerting the pirates on VHF. However, in an extreme emergency — MAYDAY is always available. Turning toward the craft (option C): extremely dangerous. Pirates typically carry automatic weapons, RPGs, and are highly experienced at attacking vessels. Attempting to ram them would almost certainly result in gunfire directed at the bridge. BMP6 explicitly recommends NOT to attempt offensive manoeuvres. Evasive manoeuvring to prevent boarding, combined with the stern wake technique, is the recommended tactic. 7-minute timeline: this is why pre-positioning of crew and pre-briefing on the piracy response sequence is essential. In 7 minutes, the sequence must happen automatically — crew go to their muster stations without being told twice. The drill must have been practised.