Flight Crew Air Transport Pilot (ATP); Flight Crew Flight Instructor; Flight Crew Multiengine; Flight Crew Instrument
Flight Crew Last 90 Days 130; Flight Crew Total 3000; Flight Crew Type 1100
Communication Breakdown; Situational Awareness
Conflict NMAC; Deviation / Discrepancy - Procedural Published Material / Policy
Air Traffic Control Provided Assistance; Flight Crew Took Evasive Action
Airspace Structure
Aircraft X was on mission over [a] fire; approximately 5 NM southwest of ZZZ airport at 11;500 MSL. A TFR was active up to 7000 MSL. While operating within the TFR boundaries laterally; we were outside of the TFR vertically. The crew had established communications via flight following with approach at the time of the incident. Aircraft X was on a westbound heading (own nav) when ATC advised of a citation; at six o'clock; 3-4 miles; westbound; same altitude. I noted the call sign and asked the air attack (sitting right seat) if he was talking to Aircraft Y. The air attack indicated that no communication had been established with Aircraft Y and began attempting to do so. While the air attack was attempting [to] hail Aircraft Y; I monitored the progress of the approaching aircraft on TCAS. By the time the Aircraft Y was 1 mile away; I had reached my comfort limit; and ATC advised me that the approaching aircraft did not have me in sight and to either climb or descend. The air attack was unable to hail Aircraft Y on the tactical frequency. The TCAS indicated that the approaching aircraft was 100 feet below me. I elected to an immediate climbing left turn; away from and to better see the approaching aircraft. I never saw Aircraft Y. ATC advised me when the traffic was no longer a factor; we then resumed our mission over the fire. The rest of the flight was uneventful.The only thing I think I could have done to avoid this conflict was to take evasive action sooner. However; I was allowing time for: the air attack to perform his duty to hail the approaching aircraft; and the approaching aircraft to see me since I was unable to see them. Another reason why I hesitated to act was because I had the right of way according to FAR 91.113.
A BE20 pilot reported that flight following advised him of an approaching aircraft so they took evasive action to avoid a mid-air collision.