London ship insurers accused of allowing fishing vessels to 'go out'

When it comes to illegal fishing, London's former ship insurance business may not get much attention. But according to a new complaint, the British capital's insurance industry is partly responsible when fishing vessels 'sink' at sea by switching off their mandatory satellite tracking equipment.

In a City of London watchdog filing, ocean conservation charity Blue Marine Foundation argued that EU-flagged vessels operating in the Indian Ocean that go dark are likely to breach international, flag state and coastal state law, and that the UK insurance industry is 'enabling' them by continuing to provide cover, putting the lives of seafarers at risk.

The complaint, filed with the Financial Conduct Authority and the Prudential Regulatory Authority, is based on analysis of what the charity calls "highly inconsistent" use of AI S (automatic identification systems) by 46 EU fishing vessels over four years, mostly owned by Spanish and French companies.

He pointed to singled out three UK companies – Britannia Ste am Ship Insurance Association Ltd, British Marine and MS Amlin – for insuring ships despite AIS problems.

AIS d a ship tracks its position, acting as a safety and navigational aid that, in part, helps captains avoid collisions at sea. Disabling this system for long periods puts the lives of the crew at risk. danger and raises transparency issues, the charity said. in illegal activities, disabling AIS should alert insurers because it means that potential illegal or unauthorized activity, such as fishing in unauthorized areas, could be taking place.

An insurer, British Marine, told the Guardian that EU-owned vessels identified by the charity have been placed on its "watch list" because of the findings.

The complaint is based on peer-reviewed legal research by Blue Marine, published last month. The article, Illegality of Fishing Vessels Going Dark and Methods of Deterrence, concluded that insurers have a duty to combat illegal behavior and suggested that insurers allow vessels to "go dark" due to due diligence. insufficient reasonableness.

Priyal Bunwaree, Senior Legal Counsel at Blue Marine and author of the research, said: “Legal analysis shows that EU-owned vessels operating in the Indian Ocean that "go dark" may violate AIS laws. , and that UK insurers are likely enabling such behavior by providing the cover they need to operate. says gaps in AIS transmission are a "red flag" for insurers, Bunwaree said. AIS is often intentionally disabled by ships seeking to conceal their whereabouts, and is often practiced by ships seeking to engage in illicit trade. and carry out thorough risk assessments before deciding to insure them, and insert clauses in their contracts that mandate the responsible and consistent use of AIS. »

These risk assessments are essential for the safety of crews and the transparency of fishing fleets operating "out of sight" and exploiting tropical tuna stocks, two out of three of which are currently overfished in the Indian Ocean, she said. The EU is the largest fisherman of overfished yellowfin tuna in the region.

Blue Marine said its data monitoring of EU-owned fishing vessels in the region. he four-year Indian Ocean showed the trend of 'very inconsistent' use of AIS was continuing. A report by Blue Marine and intelligence firm OceanMind found that between January 2021 and August 2022, EU-owned tuna vessels spent more time 'in the dark' than they spent to be transmitted on AIS.

Each of the 16 Spanish-flagged vessels monitored by Blue Marine spent a month "in the dark", he said, with some passing 140 days without AIS.