Press release

ClientEarth and Oceana sue the Spanish authorities for inaction on serious illegal fishing threat in West Africa

24 April 2025

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

Notes to editors

What is this case about? 

  • In 2023, ClientEarth and Oceana submitted an administrative procedure to the Spanish authorities to encourage them to investigate cases of possible illegal fishing by Spanish-flagged and Spanish-owned vessels in Senegal and Guinea Bissau. These concerns arose after reviewing data and testimonies from local organisations and coastal communities as well as analyses from maritime intelligence and vessel tracking platforms.   

Legal loopholes allowing vessels to operate unchecked:  

  • While exchanging with the Spanish authorities during the administrative procedure, NGOs also found that Spanish transposition of EU legal requirements creates legal loopholes when it comes to investigating and sanctioning Spanish individual and companies potentially involved in illegal fishing in third countries, enabling many operators to evade scrutiny.  

 AIS gaps in the Spanish fleet: 

  • The Automatic Identification System (AIS) is a tracking technology used to publicly monitor vessel movements and prevent accidents at sea. 

  • NGOs have identified AIS irregularities by 8 Spanish flagged vessels, and many indications of potential illegal activities by 3 vessels flagged in Senegal but owned by Spanish nationals between 2020 and 2023.   

  • For instance, AIS data from Global Fishing Watch indicates that one Spanish vessel kept its AIS signal off for more than a year when fishing off the West African coast between 2020 and 2023.   

  • While this geolocation data has a margin of error, the prolonged and systematic nature of these AIS gaps raises serious concerns. This is why NGOs refer to ‘indications’ and ‘alleged infringements’ and urged the Spanish authorities to investigate further before starting sanctioning procedures. This lack of transparency from Spain is problematic and makes it even harder to ascertain the risk of illegal fishing.  

  • Global Fishing Watch, a provider of open data for use in this release, is an international nonprofit organization dedicated to advancing ocean governance through increased transparency of human activity at sea. The views and opinions expressed in this press release are those of the authors, which are not connected with or sponsored, endorsed, or granted official status by Global Fishing Watch. By creating and publicly sharing map visualizations, data and analysis tools, Global Fishing Watch aims to enable scientific research and transform the way our ocean is managed. Global Fishing Watch’s public data was used in the production of this publication.  

About ClientEarth 

ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.

About Oceana

Oceana is the largest international advocacy organisation dedicated solely to ocean conservation. Oceana is rebuilding abundant and biodiverse oceans by winning science-based policies in countries that control one-quarter of the world’s wild fish catch. With more than 325 victories that stop overfishing, habitat destruction, oil and plastic pollution, and the killing of threatened species like turtles, whales, and sharks, Oceana’s campaigns are delivering results. A restored ocean means that 1 billion people can enjoy a healthy seafood meal every day, forever. Together, we can save the oceans and help feed the world. Visit europe.oceana.org to learn more.