ClientEarth and Oceana sue the Spanish authorities for inaction on serious illegal fishing threat in West Africa
Press Release Date: April 24, 2025
Location: Madrid
Contact:
Irene Campmany | email: icampmany@oceana.org | tel.: +34 682 622 245
Environmental NGOs ClientEarth and Oceana are taking legal action against the Spanish government for failing to investigate and – where appropriate – sanction Spanish vessels for switching off their Automatic Identification System (AIS) for significant periods of time and for not effectively monitoring Spanish companies’ fishing operations in West Africa. With local fish stocks dwindling, local communities in the region are facing disastrous consequences, including risks to food security, job loss and forced migration.
Foreign-owned vessels, including Spanish vessels, make up 73% of the industrial fleet in West Africa – and there are concerns that a lack of control at sea and in ports is enabling illegal fishing.
An analysis by Global Fishing Watch shows that several Spanish-flagged vessels operating in Senegal and Guinea Bissau appear to be switching off their AIS for significant periods of time – a clear violation of EU fisheries regulations.
ClientEarth lawyer Nils Courcy, said:
“What puzzles us is why these boats switch off their public identification signals, going ‘dark’ for such long periods. This lack of transparency could be linked to fraud. We’ve asked the Spanish authorities to investigate these vessels further, but they’ve refused to do so. We are now going to court to demand that they comply with their legal obligations.”
Spanish authorities claim they lack the jurisdiction to investigate and sanction Spanish citizens and companies potentially involved in illegal fishing outside EU waters, unless they are registered on illegal fishing vessel lists. This legal loophole allows Spanish companies operating vessels which are stateless, or which fish under African flags outside the oversight of international organisations, to evade scrutiny.
Senior Policy Advisor at Oceana in Europe, Ignacio Fresco Vanzini, said:
“EU law explicitly prohibits its citizens and companies from engaging or supporting illegal fishing anywhere in the world. If they do, Member States must identify and sanction them, regardless of whether these vessels are part of official blacklists. Spanish legislation must close existing loopholes to ensure that companies profiting from illegal fishing in other parts of the world can be held accountable.”
The rising risk of illegal fishing in the region was acknowledged by the EU itself – which issued Senegal with a ‘yellow card’ in May 2024, showing serious concerns about the country’s ability to prevent illegal fishing. But it is not only Senegal’s duty to prevent this from happening. EU Member States also have a legal obligation to oversee their fleets and operators fishing in third country waters.
Lawyers from ClientEarth and Oceana filed a legal case to the Administrative Court of Madrid after Spanish fishing authorities refused to investigate these Spanish-flagged and Spanish-owned vessels in Senegal and Guinea Bissau.
ENDS