Notes on Suspected Transshipment Incident
Incident Overview: Suspected Transshipment
On June 1st, 2025, at 22:00 local time, a suspected transshipment involving FV Nautilus 01 was reported between Atauro and Dili within Timor-Leste's EEZ.
Specifics: The transshipment was suspected to be an illegal operation, transferring fish catch from FV Nautilus 01 to Indonesian fishing vessels without proper authorization or documentation.
The incident was reported by a fisheries officer and immediately escalated to COMAR.
Reporting Details: The fisheries officer, while on routine patrol, noticed unusual activity patterns and vessel positioning that suggested a rendezvous for transshipment. The report included initial visual confirmation and vessel identification.
FV Nautilus 01 (Timor-Leste flag) was allegedly engaged with Indonesian fishing vessels.
Vessel Details: FV Nautilus 01 is a medium-sized fishing vessel registered in Timor-Leste, equipped for long-line fishing. The Indonesian vessels were not identified by name but were noted as being smaller, high-speed craft commonly used for near-shore operations.
Upon receiving the information, COMAR initiated internal protocols for situational assessment and decision-making.
Protocol Steps: Immediate steps included verifying the reporter's credentials, cross-referencing the report with existing maritime surveillance data, and alerting relevant operational teams for potential intervention.
Geolocation & Jurisdiction Details
Approximate location defined by nautical chart coordinates: 08°20'35\" S, 125°40'09\" E.
Precision: These coordinates were determined using a combination of GPS data from the reporting officer and verified against maritime charts to ensure accuracy.
Area falls within Timor-Leste's 200 nm Exclusive Economic Zone (EEZ), granting full fisheries enforcement rights.
EEZ Rights: Within its EEZ, Timor-Leste has sovereign rights to explore, exploit, conserve, and manage all living and non-living resources, and has jurisdiction over marine scientific research and protection of the marine environment.
Nautical Chart: AUS 13 - Timor-Leste was used to determine exact location.
Chart Details: AUS 13 provides detailed bathymetric data, navigational aids, and coastal features crucial for planning maritime operations.
Location is 8 nm off Henek Mutin with a bearing of 155°, key for maritime patrol planning.
Strategic Importance: This positioning is significant because it places the suspected activity just beyond near-shore fishing zones, potentially indicating an effort to avoid detection while still being close enough to facilitate quick transfers.
Initial Informative Report
Reporter Identity: Report was issued by Augusto da Cunha, agent of MAPPF and COMAR staff member.
Reporter Background: Augusto da Cunha is a seasoned fisheries officer with five years of experience, specializing in maritime surveillance and illegal fishing detection.
Communication Protocol: Incident immediately relayed to duty team leader and COMAR Chief for operational escalation.
Escalation Rationale: Given the potential for illegal transshipment and the involvement of foreign vessels, immediate escalation was necessary to mobilize resources and ensure a swift response.
Content of Report: Details suspicious departure of FV Nautilus 01 for transshipment with Indonesian vessel at 22:00.
Suspicious Activities: The report highlighted the vessel's unusual course, speed, and rendezvous point, which deviated from standard fishing routes and schedules.
Authority Contacted: Message sent directly to COMAR via internal channels for assessment and decision.
Communication Channels: The report was transmitted via secure VHF radio and digital communication platforms to ensure confidentiality and reliability.
Operational Plan - Preparation & Coordination
Units Involved: Fisheries Inspection Team, F-FDTL, and Maritime Police Unit (UPM) coordinated for joint mission.
Team Composition: The Fisheries Inspection Team provided expertise in fisheries regulations, the F-FDTL offered security and logistical support, and the UPM contributed maritime law enforcement capabilities.
Pre-Mission Briefing: Teams briefed on objectives, legal framework, route mapping, and security measures.
Briefing Objectives: The briefing ensured all team members were aware of the mission's goals, understood the legal basis for intervention, and were prepared for potential risks.
Communications Setup: VHF Channel 16 used for ship-to-ship communication and coordination with Atauro post.
Redundancy: Satellite phones and secure digital communication channels were also备用 to ensure continuous connectivity.
Legal Readiness: Teams prepared with inspection authority under Timor-Leste fisheries law and bilateral frameworks.
Legal Documents: All team members carried copies of relevant laws, regulations, and bilateral agreements authorizing the inspection and potential enforcement actions.
Boarding & Inspection Strategy
Boarding Method: RHIB deployed from patrol vessel to approach FV Nautilus 01 for inspection under legal authorization.
RHIB Specifications: The Rigid Hull Inflatable Boat (RHIB) was equipped with navigation aids, safety equipment, and boarding ladders to facilitate a safe and efficient approach.
Onboard Protocols: Secure engine room and bridge; verify all fishing and transshipment documentation.
Security Measures: Securing the engine room and bridge ensured control over the vessel and prevented any tampering with equipment or documents.
Crew Interviews: Interview crew members to verify identities, trip logs, and transshipment activities.
Interview Techniques: Standardized interview protocols were used to ensure consistency and to gather accurate information from each crew member.
Evidence Collection: Photograph fish, equipment, and documents; record GPS coordinates and timestamps.
Documentation: Detailed records were kept of all evidence collected, including chain of custody information to maintain integrity.
Legal Measures Against Illegal Transshipment
Applicable Laws: Timor-Leste's Fisheries Law No. 12/2004, PSMA, and UNCLOS provide legal authority for inspection and enforcement.
Law Details: These laws outline the penalties for illegal fishing, transshipment, and other violations within Timor-Leste's EEZ.
Criminal Sanctions: Violations can lead to vessel seizure, fines, imprisonment, and license suspension or revocation.
Sanction Severity: The severity of the sanctions depends on the nature and extent of the violations, as well as any prior offenses.
Evidence Protocol: Operations must collect admissible evidence: photos, logs, coordinates, VMS/AIS data.
Admissibility Standards: Evidence must be collected and documented in accordance with strict legal standards to ensure it can be used in court.
Jurisdictional Scope: Enforcement permitted within Timor-Leste's EEZ under international maritime law.
International Law: UNCLOS provides the framework for coastal states to exercise jurisdiction over their EEZs.
Handling Foreign Vessels & Seized Fish
Detention Protocol: FV Nautilus 01 and any foreign vessel may be detained for up to 72 hours pending investigation.
Detention Conditions: Detained vessels must be held in a secure location with adequate provisions for the crew.
Jurisdictional Authority: Timor-Leste may seize vessels and fish within its EEZ based on Fisheries Law and UNCLOS.
Seizure Process: Seizure requires formal legal authorization and must be carried out in accordance with international law.
Disposition of Fish: Seized fish may be confiscated, auctioned, or destroyed if proven illegal catch.
Health and Safety: Decisions on fish disposition must consider health and safety regulations to prevent any public health risks.
Vessel Status: FV Nautilus 01 can be held until legal process concludes; potential for permanent confiscation.
Confiscation Criteria: Permanent confiscation requires a court order and is typically reserved for serious or repeat offenses.
Legal Grounds and Jurisdiction
Sovereign Rights: Timor-Leste exercises full rights over resources in its 200 nm Exclusive Economic Zone.
Resource Management: These rights include the authority to manage fisheries, protect marine ecosystems, and regulate maritime activities.
Applicable Laws: Authority based on Timor-Leste Fisheries Law, UNCLOS, and the Port State Measures Agreement.
Treaty Obligations: Timor-Leste is a signatory to UNCLOS and PSMA, which obligates it to enforce their provisions.
Foreign Vessel Protocols: Timor-Leste can board, inspect, detain and prosecute foreign vessels operating illegally in EEZ.
Due Process: Foreign vessels are entitled to due process under international law, including the right to legal representation.
Legal Outcomes: Violations lead to fines, vessel confiscation, criminal charges or diplomatic actions.
Diplomatic Actions: In cases involving foreign vessels, diplomatic channels may be used to resolve disputes or seek cooperation.
Incident Overview: Suspected Transshipment
On June 1st, 2025, at 22:00 local time, a suspected transshipment involving FV Nautilus 01 was reported between Atauro and Dili within Timor-Leste's EEZ.
Specifics: The transshipment was suspected to be an illegal operation, transferring fish catch from FV Nautilus 01 to Indonesian fishing vessels without proper authorization or documentation.
The incident was reported by a fisheries officer and immediately escalated to COMAR.
Reporting Details: The fisheries officer, while on routine patrol, noticed unusual activity patterns and vessel positioning that suggested a rendezvous for transshipment. The report included initial visual confirmation and vessel identification.
FV Nautilus 01 (Timor-Leste flag) was allegedly engaged with Indonesian fishing vessels.
Vessel Details: FV Nautilus 01 is a medium-sized fishing vessel registered in Timor-Leste, equipped for long-line fishing. The Indonesian vessels were not identified by name but were noted as being smaller, high-speed craft commonly used for near-shore operations.
Upon receiving the information, COMAR initiated internal protocols for situational assessment and decision-making.
Protocol Steps: Immediate steps included verifying the reporter's credentials, cross-referencing the report with existing maritime surveillance data, and alerting relevant operational teams for potential intervention.
Geolocation & Jurisdiction Details
Approximate location defined by nautical chart coordinates: 08°20'35\" S, 125°40'09\" E.
Precision: These coordinates were determined using a combination of GPS data from the reporting officer and verified against maritime charts to ensure accuracy.
Area falls within Timor-Leste's 200 nm Exclusive Economic Zone (EEZ), granting full fisheries enforcement rights.
EEZ Rights: Within its EEZ, Timor-Leste has sovereign rights to explore, exploit, conserve, and manage all living and non-living resources, and has jurisdiction over marine scientific research and protection of the marine environment.
Nautical Chart: AUS 13 - Timor-Leste was used to determine exact location.
Chart Details: AUS 13 provides detailed bathymetric data, navigational aids, and coastal features crucial for planning maritime operations.
Location is 8 nm off Henek Mutin with a bearing of 155°, key for maritime patrol planning.
Strategic Importance: This positioning is significant because it places the suspected activity just beyond near-shore fishing zones, potentially indicating an effort to avoid detection while still being close enough to facilitate quick transfers.
Initial Informative Report
Reporter Identity: Report was issued by Augusto da Cunha, agent of MAPPF and COMAR staff member.
Reporter Background: Augusto da Cunha is a seasoned fisheries officer with five years of experience, specializing in maritime surveillance and illegal fishing detection.
Communication Protocol: Incident immediately relayed to duty team leader and COMAR Chief for operational escalation.
Escalation Rationale: Given the potential for illegal transshipment and the involvement of foreign vessels, immediate escalation was necessary to mobilize resources and ensure a swift response.
Content of Report: Details suspicious departure of FV Nautilus 01 for transshipment with Indonesian vessel at 22:00.
Suspicious Activities: The report highlighted the vessel's unusual course, speed, and rendezvous point, which deviated from standard fishing routes and schedules.
Authority Contacted: Message sent directly to COMAR via internal channels for assessment and decision.
Communication Channels: The report was transmitted via secure VHF radio and digital communication platforms to ensure confidentiality and reliability.
Operational Plan - Preparation & Coordination
Units Involved: Fisheries Inspection Team, F-FDTL, and Maritime Police Unit (UPM) coordinated for joint mission.
Team Composition: The Fisheries Inspection Team provided expertise in fisheries regulations, the F-FDTL offered security and logistical support, and the UPM contributed maritime law enforcement capabilities.
Pre-Mission Briefing: Teams briefed on objectives, legal framework, route mapping, and security measures.
Briefing Objectives: The briefing ensured all team members were aware of the mission's goals, understood the legal basis for intervention, and were prepared for potential risks.
Communications Setup: VHF Channel 16 used for ship-to-ship communication and coordination with Atauro post.
Redundancy: Satellite phones and secure digital communication channels were also备用 to ensure continuous connectivity.
Legal Readiness: Teams prepared with inspection authority under Timor-Leste fisheries law and bilateral frameworks.
Legal Documents: All team members carried copies of relevant laws, regulations, and bilateral agreements authorizing the inspection and potential enforcement actions.
Boarding & Inspection Strategy
Boarding Method: RHIB deployed from patrol vessel to approach FV Nautilus 01 for inspection under legal authorization.
RHIB Specifications: The Rigid Hull Inflatable Boat (RHIB) was equipped with navigation aids, safety equipment, and boarding ladders to facilitate a safe and efficient approach.
Onboard Protocols: Secure engine room and bridge; verify all fishing and transshipment documentation.
Security Measures: Securing the engine room and bridge ensured control over the vessel and prevented any tampering with equipment or documents.
Crew Interviews: Interview crew members to verify identities, trip logs, and transshipment activities.
Interview Techniques: Standardized interview protocols were used to ensure consistency and to gather accurate information from each crew member.
Evidence Collection: Photograph fish, equipment, and documents; record GPS coordinates and timestamps.
Documentation: Detailed records were kept of all evidence collected, including chain of custody information to maintain integrity.
Legal Measures Against Illegal Transshipment
Applicable Laws: Timor-Leste's Fisheries Law No. 12/2004, PSMA, and UNCLOS provide legal authority for inspection and enforcement.
Law Details: These laws outline the penalties for illegal fishing, transshipment, and other violations within Timor-Leste's EEZ.
Criminal Sanctions: Violations can lead to vessel seizure, fines, imprisonment, and license suspension or revocation.
Sanction Severity: The severity of the sanctions depends on the nature and extent of the violations, as well as any prior offenses.
Evidence Protocol: Operations must collect admissible evidence: photos, logs, coordinates, VMS/AIS data.
Admissibility Standards: Evidence must be collected and documented in accordance with strict legal standards to ensure it can be used in court.
Jurisdictional Scope: Enforcement permitted within Timor-Leste's EEZ under international maritime law.
International Law: UNCLOS provides the framework for coastal states to exercise jurisdiction over their EEZs.
Handling Foreign Vessels & Seized Fish
Detention Protocol: FV Nautilus 01 and any foreign vessel may be detained for up to 72 hours pending investigation.
Detention Conditions: Detained vessels must be held in a secure location with adequate provisions for the crew.
Jurisdictional Authority: Timor-Leste may seize vessels and fish within its EEZ based on Fisheries Law and UNCLOS.
Seizure Process: Seizure requires formal legal authorization and must be carried out in accordance with international law.
Disposition of Fish: Seized fish may be confiscated, auctioned, or destroyed if proven illegal catch.
Health and Safety: Decisions on fish disposition must consider health and safety regulations to prevent any public health risks.
Vessel Status: FV Nautilus 01 can be held until legal process concludes; potential for permanent confiscation.
Confiscation Criteria: Permanent confiscation requires a court order and is typically reserved for serious or repeat offenses.
Legal Grounds and Jurisdiction
Sovereign Rights: Timor-Leste exercises full rights over resources in its 200 nm Exclusive Economic Zone.
Resource Management: These rights include the authority to manage fisheries, protect marine ecosystems, and regulate maritime activities.
Applicable Laws: Authority based on Timor-Leste Fisheries Law, UNCLOS, and the Port State Measures Agreement.
Treaty Obligations: Timor-Leste is a signatory to UNCLOS and PSMA, which obligates it to enforce their provisions.
Foreign Vessel Protocols: Timor-Leste can board, inspect, detain and prosecute foreign vessels operating illegally in EEZ.
Due Process: Foreign vessels are entitled to due process under international law, including the right to legal representation.
Legal Outcomes: Violations lead to fines, vessel confiscation, criminal charges or diplomatic actions.
Diplomatic Actions: In cases involving foreign vessels, diplomatic channels may be used to resolve disputes or seek cooperation.