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Mexico Boarding Incident

KW
Ken Williams
Mon, Mar 31, 2008 1:12 PM

I am passing along this email that I received this morning. The vessel
referenced, Besame, was anchored next to us at Tenacatita, and we also
overheard a very suspicious ship, around this same timeframe, claiming to be
Mexican Navy.

Ken Williams

Nordhavn 68, Sans Souci


Incident Report

M/Y BESAME - Incline Village, NV

Wednesday, March 5, 2008 - 10:30, BESAME departed the port of Zihuatanejo in
transit to Tenacatita, approximately 230 NM.  BESAME proceeded offshore
approximately 25 miles and lowered speed to 8 knots to set fishing lines.
After sunset, BESAME resumed speed of 10 knots and proceeded on a course of
315 degrees magnetic.

At approximately 18:50 a call was received on channel 16 from "Mexican Navy
Ship", to which BESAME responded.  The "Mexican Navy Ship" requested that
BESAME go to VHF channel 17 which BESAME did.  The "Mexican Navy Ship" asked
the questions, "How many persons onboard?" "Where is the vessel registered?"
"What is the name of the vessel?" "Where was the last port the vessel was
located?" "Where is the vessels next destination?"  All of these questions
were properly answered by the captain of BESAME.  Following communications
determined that the "Mexican Navy Ship" wanted to board BESAME for a
"routine inspection"

Both the owner and captain of BESAME repeatedly asked the "Mexican Navy
Ship" to identify itself. The response was "that is secret", but the ship
demanded that BESAME stop all engines for a routine boarding and inspection.
At this time, BESAME was in international waters at 17'43N 102'55.6W at
19:15 hours. BESAME slowed engines and awaited the boarding party.  Visually
the crew of BESAME had identified the hull number of the "Mexican Navy Ship"
as P-103.  Being cautious of the refusal of the "Mexican Navy Ship" to
identify itself, a call was placed to the 11th District United States Coast
Guard in Southern California (510-437-3700) for consultation and
instructions via satellite phone.  Before contact was made with the 11th
District Coast Guard, the launch boat of the "Mexican Navy Ship" was
approaching without running lights.  At approximately 19:20 hours they were
approaching the stern platform of BESAME in what was now total darkness
except for the running lights and interior lights on BESAME.  The owners,
guests, crew and captain were on the aft deck when the prospective boarders
arrived to tie up on the stern of BESAME.

However, as they almost arrived on the stern, it was apparent that the six
people in their launch were armed with automatic weapons, the person in
front pointing a belt fed automatic weapon directly at the crew of BESAME.
The people were also wearing black wool (or cotton) masks which covered
their entire heads and faces.  The owner and captain of BESAME called to
them "to remove their masks and show proper identification if you want to
board BESAME, otherwise we assume, given the attire and lack of
identification, that you to be terrorists!"

No identification was presented or offered but one individual uncovered a
portion of his face (not fully removing his mask) and claimed he was an
officer.  No other person abided to our request. The captain and owner
unanimously decided to go full ahead on BESAME until the situation was
clarified. The captain and owner of BESAME hailed the "Mexican Navy Ship"
P-103 on the radio and emphasized that we were receptive to boarding for
inspection but without masks on the boarding party and with identification
of P-103 and the boarding party.  In the meantime, BESAME resumed speed at
12 knots on a course of 305magnetic heading to Tenacatita.

By this point, BESAME had contacted via satellite phone the 11th Coast Guard
District to report the incident and to await any instructions. In
conversations with Coast Guard Personal at the 11th District, Captain
Tejera, and later with Captain Delgatta, it was their instruction to proceed
to BESAME's next port which was the bay of Tenacatita and NOT allow anyone
from P-103 to board BESAME.  If communications were lost in an emergency,
the emergency locator (E-PIRB) was to be activated.  Also, BESAME reported
her position to the 11th Coast Guard District several times, while P-103 was
following 5-6 miles astern, before signing off with the Coast Guard at
approximately 21:10.  With no further communication with P-103 "Mexican Navy
Ship" or the United States Coast Guard, BESAME proceeded on her course of
305magnetic at a speed of 10 knots to her destination of Tenacatita.  BESAME
arrived at 09:30 on Thursday, March 6, 2008.

The 11th Coast Guard personnel were very professional and helpful in their
instructions to BESAME and provided a good measure of comfort in a very
tense situation.  Armed persons with black face masks are not conducive to
"routine inspections".

In conclusion, BESAME was more than twenty miles offshore in total darkness
and in sea swells of 12 to 15 feet when the boarding was attempted and
thankfully nobody was injured nor any property damage or damage to BESAME
occurred.

Recommendations: 1) Notice to U.S. mariners regarding what should be
expected from the Mexican Navy as standard protocol when requesting a
boarding or inspection; 2) Notice to U.S. mariners regarding a protocol for
communication to the USCG regarding non conformity with those protocols; and
3) communication of same to the Mexican Navy.

We should all be working together to fight terrorism and the drug trade;
however an attempted boarding in international waters, with arms, with
masks, and without identification is not a way to advance this effort.

Edward Persichetti, Captain M/Y Besame

M. Keith Huzyak, Owner M/Y Besame

Capt. Biz Olbey, USN (Ret.) Guest on M/Y Besame

I am passing along this email that I received this morning. The vessel referenced, Besame, was anchored next to us at Tenacatita, and we also overheard a very suspicious ship, around this same timeframe, claiming to be Mexican Navy. Ken Williams Nordhavn 68, Sans Souci ---------------------------------- Incident Report M/Y BESAME - Incline Village, NV Wednesday, March 5, 2008 - 10:30, BESAME departed the port of Zihuatanejo in transit to Tenacatita, approximately 230 NM. BESAME proceeded offshore approximately 25 miles and lowered speed to 8 knots to set fishing lines. After sunset, BESAME resumed speed of 10 knots and proceeded on a course of 315 degrees magnetic. At approximately 18:50 a call was received on channel 16 from "Mexican Navy Ship", to which BESAME responded. The "Mexican Navy Ship" requested that BESAME go to VHF channel 17 which BESAME did. The "Mexican Navy Ship" asked the questions, "How many persons onboard?" "Where is the vessel registered?" "What is the name of the vessel?" "Where was the last port the vessel was located?" "Where is the vessels next destination?" All of these questions were properly answered by the captain of BESAME. Following communications determined that the "Mexican Navy Ship" wanted to board BESAME for a "routine inspection" Both the owner and captain of BESAME repeatedly asked the "Mexican Navy Ship" to identify itself. The response was "that is secret", but the ship demanded that BESAME stop all engines for a routine boarding and inspection. At this time, BESAME was in international waters at 17'43N 102'55.6W at 19:15 hours. BESAME slowed engines and awaited the boarding party. Visually the crew of BESAME had identified the hull number of the "Mexican Navy Ship" as P-103. Being cautious of the refusal of the "Mexican Navy Ship" to identify itself, a call was placed to the 11th District United States Coast Guard in Southern California (510-437-3700) for consultation and instructions via satellite phone. Before contact was made with the 11th District Coast Guard, the launch boat of the "Mexican Navy Ship" was approaching without running lights. At approximately 19:20 hours they were approaching the stern platform of BESAME in what was now total darkness except for the running lights and interior lights on BESAME. The owners, guests, crew and captain were on the aft deck when the prospective boarders arrived to tie up on the stern of BESAME. However, as they almost arrived on the stern, it was apparent that the six people in their launch were armed with automatic weapons, the person in front pointing a belt fed automatic weapon directly at the crew of BESAME. The people were also wearing black wool (or cotton) masks which covered their entire heads and faces. The owner and captain of BESAME called to them "to remove their masks and show proper identification if you want to board BESAME, otherwise we assume, given the attire and lack of identification, that you to be terrorists!" No identification was presented or offered but one individual uncovered a portion of his face (not fully removing his mask) and claimed he was an officer. No other person abided to our request. The captain and owner unanimously decided to go full ahead on BESAME until the situation was clarified. The captain and owner of BESAME hailed the "Mexican Navy Ship" P-103 on the radio and emphasized that we were receptive to boarding for inspection but without masks on the boarding party and with identification of P-103 and the boarding party. In the meantime, BESAME resumed speed at 12 knots on a course of 305magnetic heading to Tenacatita. By this point, BESAME had contacted via satellite phone the 11th Coast Guard District to report the incident and to await any instructions. In conversations with Coast Guard Personal at the 11th District, Captain Tejera, and later with Captain Delgatta, it was their instruction to proceed to BESAME's next port which was the bay of Tenacatita and NOT allow anyone from P-103 to board BESAME. If communications were lost in an emergency, the emergency locator (E-PIRB) was to be activated. Also, BESAME reported her position to the 11th Coast Guard District several times, while P-103 was following 5-6 miles astern, before signing off with the Coast Guard at approximately 21:10. With no further communication with P-103 "Mexican Navy Ship" or the United States Coast Guard, BESAME proceeded on her course of 305magnetic at a speed of 10 knots to her destination of Tenacatita. BESAME arrived at 09:30 on Thursday, March 6, 2008. The 11th Coast Guard personnel were very professional and helpful in their instructions to BESAME and provided a good measure of comfort in a very tense situation. Armed persons with black face masks are not conducive to "routine inspections". In conclusion, BESAME was more than twenty miles offshore in total darkness and in sea swells of 12 to 15 feet when the boarding was attempted and thankfully nobody was injured nor any property damage or damage to BESAME occurred. Recommendations: 1) Notice to U.S. mariners regarding what should be expected from the Mexican Navy as standard protocol when requesting a boarding or inspection; 2) Notice to U.S. mariners regarding a protocol for communication to the USCG regarding non conformity with those protocols; and 3) communication of same to the Mexican Navy. We should all be working together to fight terrorism and the drug trade; however an attempted boarding in international waters, with arms, with masks, and without identification is not a way to advance this effort. Edward Persichetti, Captain M/Y Besame M. Keith Huzyak, Owner M/Y Besame Capt. Biz Olbey, USN (Ret.) Guest on M/Y Besame
SE
Scott E. Bulger
Mon, Mar 31, 2008 1:39 PM

I just reviewed the photos of the navy ship on patrol that boarded us.  It
was P133.  I would think the skipper would go to the nearest port captain
and ask for an official response from the Navy?  Certainly they can confirm
if it was their boat.  The number of armed people all through Mexico and
Central America has been a bit of a surprise.  If in fact these were drug
runners or people out to get the yacht the entire crew would be dead.  Twice
in our trip we have had unidentified boats approach us at night and hang off
our stern without identifying themselves.  I'm pretty sure they were either
US drug enforcement resources or combined with Mexican Navy efforts.  We
observed many US flagged RIB's in ports all through Mexico, obviously
jointly funded efforts.  Honestly I'm glad I don't have firearms aboard,
because if I'd pulled them out and shown them I'd be in prison and the boat
would be the property of the Mexican govt.  Perhaps that's the motivation in
this type of sting?  Flush out the Americans with un-declaired guns aboard?

Too much time on my hands, back to work...

Scott Bulger, Alanui, N40II, Seattle WA
Canal bound from Golfito on Thursday

I just reviewed the photos of the navy ship on patrol that boarded us. It was P133. I would think the skipper would go to the nearest port captain and ask for an official response from the Navy? Certainly they can confirm if it was their boat. The number of armed people all through Mexico and Central America has been a bit of a surprise. If in fact these were drug runners or people out to get the yacht the entire crew would be dead. Twice in our trip we have had unidentified boats approach us at night and hang off our stern without identifying themselves. I'm pretty sure they were either US drug enforcement resources or combined with Mexican Navy efforts. We observed many US flagged RIB's in ports all through Mexico, obviously jointly funded efforts. Honestly I'm glad I don't have firearms aboard, because if I'd pulled them out and shown them I'd be in prison and the boat would be the property of the Mexican govt. Perhaps that's the motivation in this type of sting? Flush out the Americans with un-declaired guns aboard? Too much time on my hands, back to work... Scott Bulger, Alanui, N40II, Seattle WA Canal bound from Golfito on Thursday
MM
Mike Maurice
Mon, Mar 31, 2008 4:27 PM

Mexico claims a Territorial Sea of 12 miles and a Contiguous Zone of 24
nautical miles; the same as the US.

The High Seas is that beyond the Contiguous Zone. The CZ is where the
state can exert limited control for the purpose of preventing or
punishing: "infringement of its customs, fiscal, immigration or sanitary
regulations within its territory or territorial sea."

Under International Law a governmental vessel may approach any vessel in
International Waters (IW, High Seas) to verify its nationality. You
may not be boarded by another nation's ships while in IW, unless they
get permission from your government. Or, for 5 explicit reasons, where
there is reasonable grounds for suspecting:
Piracy, slave trading, unauthorized broadcasting, without nationality,
or flying a bogus country flag in order to hide its nationality. USCG
COMDTPUB P5800.1

If anyone wants to board while in IW you are entitled to know the
justification as per above. In any event, you may want to get in contact
with your country's authorities. There are definitions for each of the
terms used above. For instance, broadcasting is not simple transmitting,
but where it is targeted at the nearby country.

As you may guess, there is a lot more to all this. Getting outside
advise at such a time is a good idea.

Mike


Capt. Mike Maurice
Beaverton Oregon(Near Portland)

Mexico claims a Territorial Sea of 12 miles and a Contiguous Zone of 24 nautical miles; the same as the US. The High Seas is that beyond the Contiguous Zone. The CZ is where the state can exert limited control for the purpose of preventing or punishing: "infringement of its customs, fiscal, immigration or sanitary regulations within its territory or territorial sea." Under International Law a governmental vessel may approach any vessel in International Waters (IW, High Seas) to verify its nationality. You may not be boarded by another nation's ships while in IW, unless they get permission from your government. Or, for 5 explicit reasons, where there is reasonable grounds for suspecting: Piracy, slave trading, unauthorized broadcasting, without nationality, or flying a bogus country flag in order to hide its nationality. USCG COMDTPUB P5800.1 If anyone wants to board while in IW you are entitled to know the justification as per above. In any event, you may want to get in contact with your country's authorities. There are definitions for each of the terms used above. For instance, broadcasting is not simple transmitting, but where it is targeted at the nearby country. As you may guess, there is a lot more to all this. Getting outside advise at such a time is a good idea. Mike _____________________________________ Capt. Mike Maurice Beaverton Oregon(Near Portland)