Cruising the World 

The freedom experienced by boaters who set out to cruise the oceans of the world, exploring off the beaten track, is very appealing. With it of course come inherent risks, which ought to be given due consideration before you set sail.

Any well travelled person will tell you that, on land or at sea, every country has its own laws and customs waiting to catch you out and in many countries – even within the western world – a lack of knowledge can see you on the wrong side of the law. In less developed countries the penalties may be surprisingly severe for something you consider to be a simple mistake. “Innocent until proven guilty” does not apply throughout the world especially where the potential for political and financial gains make media exposure desirable.

Red Tape

For each country a yacht and its crew are proposing to visit, the rules and regulations will vary. Customs procedures and immigration regulations will need to be followed and these are likely to be more complicated than if you arrive in the country by plane or ferry.

It is important to be aware that regulations may “kick-in” before you even enter Territorial Waters. Some countries require you to notify your intentions to the authorities by VHF before you proceed to a designated port of entry. You may need to have arranged a visa in advance and you may have to buy a permit for the boat. An inventory of the items onboard may be needed, as may a crew list. It may be necessary to present the passports and ships papers in every port you visit, just at the ports of entry and departure or only if requested.

Even in countries where yacht tourism is commonplace, the rules for yachts can be difficult to establish. For the less frequented countries, someone who has been there before can be an invaluable source of information and may be able to offer contacts within the country to help with customs and immigration procedures, either informally with translating or as a formal agent, which can be required.

Knowledge

There are numerous cruising forums and websites which offer information and can be used to make contact with other cruisers, to allow you to build a picture of what may be expected before your arrival. Some of these are detailed under "Elsewhere on the web". If you find other ones to be particularly useful, please email us so we can spread the word.

As well as investigating the boating regulations, take a look at the UK Foreign and Commonwealth Office (FCO) website for the latest advice on travelling to the countries concerned. This will give advice on political and cultural issues in the country, terrorism threat levels, piracy and details of the UK support available.

Migrants

The increasing number of refugees and migrants making their way to Europe across the Mediterranean, often in unsuitable or overcrowded boats, has led some cruising yachtsmen to seek clarification as to what they should do if they come across such a vessel.

A skipper’s legal obligations are set out in the International Maritime Organization (IMO) Safety of Life at Sea (SOLAS) Convention Chapter V, Regulation 33. This states that:

The master of a ship at sea which is in a position to be able to provide assistance on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so. This obligation to provide assistance applies regardless of the nationality or status of such persons or the circumstances in which they are found. If the ship receiving the distress alert is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to their assistance, the master must enter in the log-book the reason for failing to proceed to the assistance of the persons in distress, taking into account the recommendation of the [International Maritime] Organization, to inform the appropriate search and rescue service accordingly.

A small yacht is unlikely to be able to provide meaningful assistance to a boat carrying a significant number of migrants and it is quite possible that both the yacht and her crew would be put at risk were an attempt made to provide assistance. Moreover, even a small number of strangers on board a yacht might be capable of overwhelming the skipper and crew should they be minded to do so. In such circumstances, in our view SOLAS Chapter V does not require the skipper of a small yacht to intervene.

If a yacht does take migrants on board, it may encounter difficulties with the authorities in the port of arrival when seeking to disembark those migrants.

The suggested course of action should a yacht encounter migrants while underway is therefore to exercise caution, stand clear and inform the relevant search and rescue service. The reasons for not providing assistance should be noted in the log book.

In addition, passage plans should take into account whether the intended route passes through or close to known migrant routes and incorporate contingency plans accordingly.

Piracy and Security

Yachtsmen should endeavour to avoid navigating through waters in which pirates are known to operate.  If it is not feasible to avoid navigating such waters you should seek the latest information on piracy activity for the relevant waters from specialist organisations before setting out. 

Yachtsmen should be aware that the risk of piracy may increase if pirates are given to understand that cruising yachtsmen offer a potential source of income through the payment of ransoms. 

The number of pirate attacks off Somalia in 2012 reduced significantly compared to the number of attacks in 2011, however yachtsmen should not let these figures lull them into a false sense of security. The conclusions of the joint risk assessment for threats to sailing yachts in the High Risk Area off Somalia, undertaken by UKMTO, MSCHOA, NATO Shipping Centre and MARLO, are clear and incontrovertible - all sailing yachts under their own passage should remain out of the High Risk Area or face the risk of being attacked and pirated for ransom. The Somali Piracy Warning for Yachts flyer has been produced by the Counter Piracy Forces to remind yachtsmen of the real risk they face.   

Personal security and safety must also be given due consideration. Theft from boats can occasionally lead to violent armed attacks if the owners are on board with the intruders. Consideration should be given to personal security especially when off the tourist track. Even in areas that are usually frequented by boaters and considered to be safe, precautions should be taken to protect yourself and your property.  Again, the travel advice on the Foreign and Commonwealth Office website should be consulted for guidance.

International Law

International maritime regulations and conventions are sadly not uniformly applied throughout the world nor are they always adhered to. Law of the Sea and the Coastal State explains your status under the United Nations Convention on the Law of the Sea. Technically a vessel has a right of passage through the territorial waters of another country as long as that passage is continuous and expeditious, but this can only be claimed if the country in question has agreed to UNCLOS.

Be aware of international boundaries and of claimed territories which may extend further offshore. Caution should be exercised in the vicinity of militarised zones and in politically sensitive areas you may need to research the current situation with any disputed territories, especially islands.

Antarctica

Under the Antarctic Act 1994, any British vessel visiting Antarctica or any person on a British expedition to Antarctica will require a permit from the UK Foreign and Commonwealth Office.

Preparation

Thought should also be given to the preparation of both the yacht and the crew for more adventurous cruising.

Consideration may need to be given to the availability of spares and the skills to fit them, when and where will it be possible to replenish the boats food and water supplies and of course to equipment, to best enable the survival of the crew should the yacht experience difficulties mid ocean, such as EPIRB, a life raft and long range communications capabilities.

The International Maritime Organisation (IMO) document MSC/Circ.1174 provides basic safety guidance for oceanic voyages by craft which are not regulated by their national maritime authority, to reduce risks that could lead to loss of life or severe physical injuries to both crew and would-be rescuers, to reduce the need for extended and expensive SAR operations. The guidance includes information on the type of craft, provisioning and safety equipment, communications, voyage planning, crew gear and training.

Boats from all over the world are cruising the oceans, exploring and enjoying the adventure. Before you join them take some time to do your homework as good preparation, careful planning and prior knowledge of the dangers will help you to achieve a successful and enjoyable voyage.