Key events

2010-2011:  The LUCKY STAR previously known as GOLDEN WAVE NO. 305 was reported hijacked by Somali pirates in 2010 and released in 2011 – media stories at the time suggested that the vessel had been fishing illegally in Somali waters at the time of its hijacking, but this is not verified. The vessel was subsequently reported in Somali waters on a number of occasions, its operations and the legality of this is not clear.

Unknown:  The GOLDEN WAVE NO. 305 was registered to Kenyan authorities but at a later, unspecified date, Kenyan authorities denied LUCKY STAR both a flag and a fishing license due to un-seaworthiness and non-compliance issues.

2013:  Investigations by FISH-i established that between 2005 and 2008 the LUCKY STAR had offloaded in Mombasa on several occasions under Kenya flag but using the call sign of a South Korean longliner, CHANCE No. 101. This raised the possibility that the vessel could have been operating with multiple identities.

September 2013:  The LUCKY STAR’s was re-flagged to Tanzania after being de-flagged by Kenya.

April to May 2014:  The LUCKY STAR, listed on the IOTC vessel register and authorised to fish between January 2014 and March 2015, left Mombasa and was at sea for a month. On its return to Mombasa it offloaded reef species, despite only having a permit to target tuna and related species, the captain claimed that he had not been fishing in Kenyan waters. The Kenyan authorities worked with FISH-i Africa to establish the movements and activity of the vessel.

May 2014:  Tanzanian authorities reported that the vessel had been fishing during early 2014 but had not been transmitting a VMS signal despite repeated requests and Tanzania then withheld its authorisation to fish until the VMS data was supplied.

2014:  Unverified information obtained from sources inside Somalia have suggested that the LUCKY STAR may be involved in people smuggling and/or arms smuggling to Somalia and, although described as a longliner, LUCKY STAR is engaged in trapping for crabs.

March 2015:  The Deep Sea Fishing Authority in Tanzania sent a letter to the Zanzibar Maritime Authority requesting that they de-register the vessel due to their failure to supply VMS data.

May 2016:  The LUCKY STAR is renamed as PRECIOUS DIAMOND and is again flagged to Kenya. The Kenyan fisheries authorities have denied the vessel to fish outside of the Kenyan EEZ.

How?

The evidence uncovered during FISH-i investigations demonstrates different methods or approaches that illegal operators use to either commit or cover-up their illegality and to avoid prosecution.

Vessel identity: The LUCKY STAR had previously carried the name GOLDEN WAVE NO. 305. It had also used a call sign from the South Korean longliner CHANCE No. 101, while operating under Kenyan flag, and today it operates as the PRECIOUS DIAMOND. This raises suspicion that the
vessel may be operating with multiple identities at once.

Flaging issues: The LUCKY STAR operated under Kenyan and Tanzanian flags and may also have had a South Korean flag in the past, due to the use of a South Korean call sign. Later, the vessel was de-flagged by Tanzania for not providing required information.

Business practices (suspected): The agent of the LUCKY STAR is a South Korean resident in Kenya that has been involved in other IUU fishing cases. He has also served as the agent for other vessels suspected of illegal fishing, namely POSEIDON, AL-AMAL and PREMIER. The LUCKY STAR had been deflagged by Kenya due to an unseaworthiness report produced by the Kenyan maritime authority, its subsequent registration by the ZMA suggests that corrupt practices may have occurred to facilitate its new seaworthy status, when photo evidence demonstrates no improvements in the vessel’s state.

What did FISH-i Africa do?

• Tanzania de-flagged the Lucky Star.
• Tracked and monitored the vessel over several years.
• Inspected the vessel.
• Kenya Fisheries Department refused to issue an authorisation to fish outside of the Kenya EEZ.
• Improve procedures for interagency cooperation for registration of fishing vessels.
• Initiate a study into the flagging costs and benefits for fishing vessels.

What worked?

• Cross checking of AIS and VMS information highlighted anomalies and identified the LUCKY STAR as a high-risk vessel.
• Tanzania acted responsibly as a flag State, deregistering the LUCKY STAR when the vessel owners had failed to submit VMS data or provide satisfactory information on the vessel’s ownership.
• Port inspection in Mombasa showed inconsistency between the catch in the hold and the catch log, triggering further investigations.
• The use of risk assessment by Kenya’s licensing authority further restricted fishing activity by the LUCKY STAR.
• Regional cooperation and information exchange was crucial, and facilitated cross-checking and verification of information.

What needs to change?

• Increased awareness of the use of fishing vessels as cover for other crimes is needed to improve involvement of other agencies in investigating high risk operators.
• Improved multi-agency national cooperation, especially between the maritime and fisheries authorities, would contribute to ensuring due diligence when flagging or licensing fishing vessels.
• Cooperation between fisheries and police authorities to enable engagement with INTERPOL in cases with suspicion of fisheries related and associated crimes.
• An accessible database of correct templates and stamps and documents would enable verification of documents when licensing, flagging or inspecting fishing vessels.
• Greater awareness of the implications of flagging high risk fishing vessels is needed, including the potential negative impacts on flag States who are unable or unwilling to carry out their responsibilities to inspect, monitor and control.

FISH-i Investigations

In working together on over forty investigations, FISH-i Africa has shed light on the scale and complexity of illegal activities in the fisheries sector and highlighted the challenges that coastal State enforcement officers face to act against the perpetrators. These illegal acts produce increased profit for those behind them, but they undermine the sustainability of the fisheries sector and reduce the nutritional, social and economic benefits derived from the regions’ blue economy.

FISH-i investigations demonstrate a range of complexity in illegalities – ranging from illegal fishing to fisheries related illegality to fisheries associated crime to lawlessness.

In this case evidence of illegal fishing, fisheries related illegalities and fisheries associated crime were found.