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Illegally fished and illegally transhipped: Will the fish make it to market and will the violators pay?

The Incident:

On September 18th and 19th, 2013 a UK-based environmental organization, the Environmental Justice Foundation (EJF), tracked a trawler flagged to the Republic of Korea (South Korea) , the Kum Woong 101, fishing illegally in the Republic of Sierra Leone’s Inshore Exclusion Zone (IEZ), an area legally reserved for local artisanal fishers.  Using a satellite Automatic Identification System (AIS), EJF recorded the Kum Woong 101 traveling at speeds of between 1 and 5 knots, consistent with fishing, within one nautical mile of Sherbro Island in Southern Sierra Leone, where communities rely heavily on fisheries for local livelihoods and food.  In the region, EJF works with local Community Coordinators to identify illegal fishing activity and over the two days of September 18th and 19th numerous incidents were reported of a trawler illegally fishing in the IEZ, consistent with EJF’s AIS tracking of the Kum Woong 101.

Again, using satellite information, EJF tracked the Kum Woong 101 transiting to the Exclusive Economic Zone (EEZ) of the Republic of Guinea where, 95 nautical miles off the Guinean coast, on September 20th, it is believed to have transhipped its illegal catch to the Dutch-flagged refrigerated cargo vessel, the Holland Klipper.  According to the Holland Klipper’s Captain, who spoke with an EJF representative via satellite phone, it had received a transhipment of 4,385 cartons from the Kum Woong 101.  The Holland Klipper also had received transhipments from other fishing vessels, including two which EJF has noted have histories of illegal fishing.  The Holland Klipper was destined for port in Busan, South Korea. 

The Violated Laws:

As described above, the first violation occurred in Sierra Leone when the trawler Kum Woong 101 illegally fished in the IEZ, which is off-limits to industrial vessels.  Additionally, according to a source from Sierra Leone, the Kum Woong 101 also did not have an observer on board, which constituted a separate violation.

Once the Kum Woong 101 transited to Guinea, where it transhipped to the Holland Klipper, another violation occurred as, by Guinean law, transhipments at sea are forbidden within Guinea’s EEZ. 

The Korea Herald reports that the Busan-based Kum Woong Fisheries Co., owner of the Kum Woong 101, asserts that the transhipped catch actually was product of six months of authorized fishing in Guinea Bissau, not Sierra Leone.

The owners and managers of the Holland Klipper, Green Sea, assert that the transhipment took place legally as the Ministry of Guinea had provided all of the necessary authorizations.  Yet, as Undercurrent News reports, EJF refutes this argument, clarifying that, though Holland Klipper did have an authorization to tranship, the authorization only applied within the Port of Conakry.  Thus, EJF maintains that the Holland Klipper’s transhipment, which took place 95 nautical miles offshore, violated both the terms of the authorization as well as Guinean law. 

Green Sea furthermore asserts that, as a standard procedure for transhipment, it ensures that charterers are in compliance with the BIMCO[1] Illegal, Unreported, and Unregulated (IUU) charter clause in which they confirm not to be involved in any illegal fishing activities.  However, according to EJF, BIMCO reported that it is not involved in fisheries issues and has not drafted, nor approved a clause that addresses IUU fishing in any form. 

Additionally, the European Union Regulation on IUU fishing, (EC) No 1005/2008, proscribes fishing vessels flying the flag of a Member State from transhipping at sea from third country fishing vessels outside Community waters, unless under the auspices of a regional fisheries management organization (RFMO).  In this case, the Holland Klipper falls within the definition of "fishing vessel" established by the Regulation, is flagged by a Member State (the Netherlands), and transhipped outside of Community waters, outside of the auspices of an RFMO.  Thus, the Holland Klipper violated the EU Regulation on IUU fishing. 

Actions Taken:

In response to the known illegal fishing activity by the South Korean-flagged Kum Woong 101, a source stated that the government of Sierra Leone charged the vessel with two violations: (1) fishing within the IEZ and (2) failing to carry an observer.  Accordingly, the penalties were instituted based upon provisions within the Fisheries Act.  The source further explained that the Kum Woong 101 paid the penalties to the consolidated fund and took on board an observer before leaving port.  As stated in the Korea Herald,the Kum Woong Fisheries Co. corroborates that a fine was paid in Sierra Leone for violations such as fishing within the IEZ.  Afterwards, the Kum Woong 101 continued to fish in Sierra Leone under the terms of its license, but has since left Sierra Leone’s waters. 

It is believed that Guinea has written both to South Korea and the Netherlands, but there has been no report of action taken regarding the illegal activity that occurred in Guinean waters.

EJF has notified the Netherlands, Belgium, the European Commission, and South Korea regarding the incident and has called on each to take action.  Particularly, EJF urges South Korea to block the importation of the illegal fish.  The Korea Herald reports that, based on complaints, South Korea’s Ministry of Ocean and Fisheries required Kum Woong Fisheries Co. to submit explanatory material.  Additionally, the Ministry reports to have requested information from the governments of Sierra Leone, Guinea, and the Netherlands through diplomatic channels. 

Presently, there have been no official reports of action taken by the Netherlands, Belgium, the European Commission, or South Korea regarding the illegal activity of either the Kum Woong 101 or the Holland Klipper.  It is believed that the authorities are in touch and investigations are being undertaken. 

Calls to Action:

At present, the Holland Klipper has arrived in port in Busan, South Korea, but no official statement has been made regarding the importation of the fisheries products.  Thus, there still is time for the government of South Korea to take a stand and refuse to allow illegal fish to enter the South Korean market, as it distorts business for legal operators and sends a message that illegal operators financially can benefit from exploiting countries with weak enforcement and limited capacity. 

Additionally, the government of South Korea can take steps to sanction the involved South Korean-flagged vessels, thereby symbolizing that it no longer will allow its flagged vessels to skirt the legal and regulatory frameworks in place. 

Taking these actions will be seen by many as crucial for South Korea, not just for its reputation, but for its future access to foreign fisheries markets.  Recently, the international community is growing increasingly aware and critical of some countries’ failure to implement their duties and obligations as flag States, especially over their distant water fishing vessels, particularly in developing countries.  In 2013, the United States identified South Korea in its Report to Congress based on South Korea’s failure to apply sufficient sanctions to deter its flagged vessels from illegal fishing activity.  Additionally, as is suggested in Undercurrent News, the European Commission for Maritime Affairs and Fisheries already is aware of issues involving South Korean-flagged vessels and has been investigating these, if the findings are positive this could trigger a future warning leading to trade sanctions.

Moreover, Guinea can continue to assist the other involved States with their investigations and decide what course to take regarding the Holland Klipper’s violation of Guinea’s ban of transhipments at sea.

Lastly, it is important that the Netherlands, Belgium, and the European Commission take action regarding the violation of the EU Regulation on IUU fishing in this instance.  The Regulation serves, to date, as one of the strongest legal exemplars for combatting IUU fishing globally, but it only is as useful as its enforcement.  Therefore, this is a chance for the European community to stand together and make a statement that, just as IUU fishing will not be tolerated by third countries, it more so, will not be tolerated by EU Member State fishing vessels. 

Actions on behalf of all of the State actors, African, Asian, and European, is necessary to assert a strong stand against IUU fishing activities globally, but particularly in the developing world, such as the West African coast.  These IUU fishing activities not only damage ecosystems and undermine fisheries management, but more so they steal income from countries that need it most and leave local communities without livelihoods and food security.  It is time to send the message that stealing fish from the poor to feed the wealthy no longer will be accepted as a business model.


[1] BIMCO is a shipping association whose main objective is to facilitate the commercial operations of its membership by means of developing standard contracts and clauses, and providing quality information, advice, and education.