Every year we process claims of collisions between commercial and fishing vessels in Chinese waters. Given the significant size and momentum differences between commercial vessels and fishing boats, such incidents can result in significant damage and loss of life. Data from the China MSA shows that between 2019 and 2021, 248 fishermen were killed in collisions between commercial and fishing vessels.

In many cases, the security guards on board merchant vessels do not even notice that they have collided with fishing boats, as the case study cited in This article.

More ships, more risk

Accordingly the announcement 2023 of the Ministry of Agriculture and Rural Affairs of China, the fishing ban in the East and South China Sea between the 26th parallel 30′ N and the 12th parallel N was lifted on August 16, 2024. The ban on the Bohai Sea and the Yellow Sea north of the 35th parallel^◦ ends on 1 September 2024, while the ban for the Yellow Sea and East China Sea between 35°N latitude and 26°N latitude 30’N ends on 16 September 2024. This will lead to a larger number of fishing vessels in the region, thereby increasing the risk of collisions.

Typical causes of collision

• High speed in busy areas: Ships often travel at high speed and their engines are not ready for immediate maneuvering. This can result in less time for decision-making and greater damage in the event of a collision.

• Lack of attention or resources: Watchkeepers on merchant vessels may be busy with other duties and crew may be inadequate. In addition, crew on fishing vessels may not have the necessary certificates and may be busy with fishing activities rather than sailing.

• High dependence on AIS: Fishing vessels in China are often equipped with AIS, but it may not work or transmit incorrect information. On board commercial vessels with AIS overlay on radar or ECDIS, the Officer of the Watch (OOW) often relies more on AIS than on radar plots. AIS can complement, but not replace, target tracking on ARPA/RADAR for collision avoidance.

• Communication challenges: Attempts to communicate with fishing vessels by VHF radio, ALDIS lamp or sound signal may fail due to language barriers or insufficient vigilance of fishing vessels.

• Last-minute promotions: Merchant ships sometimes wait until the last minute before initiating evasive maneuvers. This can lead to a collision, for example if the steering command given is not sufficient to achieve a high turning speed.

Merchant vessels may also face claims for damages caused by fishing nets. Fishing nets are difficult to spot as they can be poorly marked. At night, the nets can be more easily spotted if they have lights on them. During the day, however, visual sighting can be a real challenge. Nets with radar reflectors can be useful but are not common practice. To our knowledge, the use of AIS markers is increasing. This can also interfere with the RADAR and AIS display.

Recommendations

• Travel planning: Special attention must be paid to the designated fishing zones and high-risk areas (HRAs) established by the Chinese Fisheries Regulatory Administration (Chinese circular; English translation) and various provincial-level marine protected areas, such as the 39 marine protected areas in the coastal waters of Shandong Province identified by the Shandong Marine Protected Area (Chinese circular) in 2023.

• Composition of the bridge team: We recommend increasing the watch on the bridge in advance to ensure that the OOW has sufficient support both at night and during the day. Other activities on board should be planned so that the bridge crew is well rested for navigation-related tasks.

• Safe speed: In areas of high fishing activity, vessels should sail at safe speeds with engines ready for manoeuvring. The OOW should have the authority to adjust speed if necessary.

• Use of RADAR/ARPA: Make full use of radar and acoustic fog signals when navigating in fog, even if no fishing boats are sighted on radar. The use of radar can be vital when navigating in these waters. The general practice of using S-band radar to scan long ranges to identify gatherings of fishing fleets and using X-band at short ranges for collision avoidance can be effective.

• Avoiding clusters: If OOW detects a gathering of fishing boats, it is advisable to change course in time to avoid passing through.

• Attract attention from fishing boats: To attract the attention of fishing boats, the use of light and sound signals may be more effective, as contact via VHF may be difficult.

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