Question 1

During a routine cargo inspection in the Caribbean, your crew discover 40 packages in an accessible void space containing what appears to be cocaine. What is your response as Master?

Accepted Answer

CONTRABAND DISCOVERY — MASTER'S RESPONSE: Discovery of drugs or other contraband aboard a vessel creates serious legal risks for the shipowner, master, and crew under the law of the flag state, coastal state, and potentially the next port state. IMMEDIATE ACTIONS: (1) DO NOT TOUCH OR MOVE THE PACKAGES: preserve the evidence exactly where found. Photographs only — do not open the packages; (2) NOTIFY MASTER/COMPANY IMMEDIATELY: this is a major incident requiring company legal support; (3) DO NOT DISPOSE OF THE PACKAGES: even temporarily throwing packages overboard constitutes tampering with evidence and potentially drug trafficking by conduct. Do not dispose of the drugs; (4) NOTIFY FLAG STATE: the vessel's flag state must be notified. Under UNCLOS Article 108, all states shall cooperate in the suppression of drug trafficking. UK-flagged vessels must notify MCA; (5) NOTIFY NEXT PORT STATE: notify the port authority and/or customs authority at the next port before arrival. Do not attempt to conceal the discovery; (6) LOG EVERYTHING: time of discovery, location, description of packages, persons present; (7) SECURE THE SCENE: seal the void space if possible. Limit access to the scene; (8) LEGAL ADVICE: contact P&I Club for legal representation. The company should engage lawyers in the next port; (9) CREW: the crew member who discovered the drugs should give a written statement. All crew who were near the area should give statements; (10) DO NOT SAIL TO US WATERS: if the vessel is near the US — notify the company before proceeding to any US port. US authorities have zero tolerance and can seize the vessel. Drug trafficking on vessels: a serious criminal matter in virtually every jurisdiction. Several vessels have been seized by US authorities and condemned (sold at auction) under US forfeiture laws as "instruments of drug trafficking" even when the owners were unaware of the drugs. The "innocent vessel" defence: if the vessel and owner can demonstrate: (a) they had no knowledge of the drugs; (b) the drugs were placed without their knowledge or consent; (c) they reported the discovery immediately and cooperated fully — the forfeiture risk is reduced but not eliminated. Disposal overboard (option B): this is catastrophic advice. Throwing evidence overboard is: (a) obstruction of justice; (b) potentially drug trafficking by conduct; (c) creates an inference of knowledge and guilt. US courts have convicted master and crew for disposing of drugs at sea. The UNCLOS framework: UNCLOS Article 108 — vessels suspected of drug trafficking on the high seas can be boarded by warships of the state whose flag the vessel is flying. A naval vessel may request to board and search. The master should cooperate. US zero tolerance: the US has prosecuted masters and crews who had no personal involvement with the drugs but were found to have "turned a blind eye." "Willful blindness" is sufficient for US drug trafficking conviction. Notification before arrival: US CBP (Customs and Border Protection) requires advance notification of any contraband discovery before entering US waters. Failure to notify before arrival is itself a criminal offence under US law (failure to report drug trafficking).

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.