Part two of this investigation explores the secretive networks committing fishery offences in Ghana and Sierra Leone
About this investigation
- Meng Xin vessels have been fined at least US$90,000 for fishery offences committed in Sierra Leone and more than $270,000 in Ghana;
- Meng Xin vessels have committed at least 16 fishery offences since 2016;
- A Chinese state enterprise is the ultimate owner of 35 Meng Xin-named vessels operating in West Africa, with at least 17 in Ghana, five in Sierra Leone and one in Guinea;
- These offences are enabled by a transnational network that operates with little public scrutiny and causes huge ecological and socioeconomic costs.
“Illegal fishing off West Africa is one of the most pronounced sites of environmental crime today. It’s well known that external involvement is complex and cuts across sectors,” says Peter Stoett, an expert in transnational environmental crime at Ontario Tech University.
An estimated 26 million tonnes of fish, valued at US$10-23 billion, is caught each year via illegal, unreported and unregulated (IUU) fishing, according to the
UN Food and Agriculture Organisation.
Fisheries experts have identified a number of factors which enable vessels to engage in IUU. These include the lack of capacity of developing countries to monitor their waters and ports, frequent changing of vessel country flags and vessel names, the avoidance of penalties due to corruption and/or ineffective penalties and the issue of multi-layered business structures which enable the true owners of vessels to remain anonymous
.
Another emerging issue, according to
Trygg Mat Tracking, an organisation providing fisheries intelligence, are vessels that are launched in large batches into East and West Africa straight from Chinese shipyards.
The organisation’s executive director, Duncan Copeland, describes these as “cookie-cutter” fleets. Vessels share the same dimensions, structures, instruments, gear and paint jobs, and common identifiers such as names often have a single numeral difference.
“A group of vessels will have a common base name, such as Sheng Hang, Lian Run or Meng Xin, followed on each vessel by a different number 10, 11, 12, 13 etc. None of these markers are permanently embossed on the vessels, they are only painted on and so easily changed – often out of sight at sea,” says Copeland.
The fact that these vessels look so identical “presents a significant vessel identity fraud, fish laundering and document identity fraud risk, and in both East and West Africa we’ve documented numerous cases where this has happened,” he adds.
Meng Xin vessels in Ghana
Part one of our investigation was prompted by high-profile cases of fishery offences committed by some of the Meng Xin vessels in Ghana in 2019. This included the revelation that at least 17 Meng Xin vessels, which are officially registered to nine Ghanaian companies, share the same name base and owner: a Chinese company identified as Dalian Mengxin Ocean Fisheries.
Tracing the ultimate owners of fishing vessels (also referred to legally as beneficial ownership) is a challenging, global issue. Both
Interpol and the World Bank highlight that opaque ownership is pervasive within the fisheries sector.
Evidence gathered in
part one showed that Meng Xin vessels in Ghana are registering their operations under two different states: China and Ghana. The Meng Xin vessels operating in Ghana are seemingly securing access to benefits available to these two different countries. These benefits can include access to subsidies in one country – as Dalian Mengxin is classified as a Chinese state enterprise – and fisheries access under the other via the local Ghanaian companies which operate the vessels.
This investigation has found that 17 Meng Xin vessels in Ghana appeared in the Chinese Ministry of Agriculture’s public list, with permit issuance dates and licences to fish until 2021, as well as on ministry vessel inspection lists. Elisabeth Druel, lawyer at ClientEarth, said that this implicated China as a beneficial owner of these vessels, even though it is not the flag state.
Dyhia Belhabib, principal fisheries investigator at Ecotrust Canada, and one of the world’s leading experts on fisheries crime, says: “I am not surprised. We have estimated by looking into satellite tracks that vessels spend 40% of their fishing time within Ghanaian prohibited zones.”
Ghanaian law categorically bans joint foreign fishing ventures. This means that a proportion of trawlers operating in Ghana are doing so illegally as joint ownership is common. Ghana’s trawler fleet is estimated to be between 70-100, and
nearly all are foreign-owned.
Daniel Owusu, secretary of the National Fisheries Association of Ghana, an umbrella group representing fisheries organisations, including the trawler vessel industry, argues that no laws have been broken because companies managing the trawlers in Ghana are “only owned by Ghanaians”. He cited a sub-section of the country’s 2002 Fisheries Act that permits “bareboat” charters, where a boat can be hired with no crew or provisions as part of the agreement.
Steve Trent, executive director of the NGO Environmental Justice Foundation, disagrees. “Foreign beneficial ownership of industrial trawl vessels is prohibited under Section 47(1) of the
2002 Fisheries Act. This clearly states that the share of industrial trawlers operating under the Ghanaian flag must be beneficially owned wholly by a Ghanaian national or company.”
Owusu said Ghana’s Fisheries Commission, which manages the sector, would look at the conditions under which annual fishing licences were renewed, and consider a clause requiring greater disclosure of beneficial ownership information. “The objective is to examine the agreement carefully to find out if it is working for the benefit of the Ghanaians or if it satisfies the provisions for beneficial ownership,” he said. “This is where we are now in Ghana.”
Uncovering fishery offences in Ghana
Data obtained for this investigation reveals the breadth of offences committed by some of the Meng Xin vessels operating in Ghana and owned by Dalian Mengxin, with 80% of these offences having taken place between 2017-2019.
- Ghanaian company Global Marine Consult, registered at a PO box address in Accra, lists two vessels – Meng Xin 5 and Meng Xin 6 – under its operational control. However, our investigation reveals that both vessels had their permits renewed in March 2018 by the Chinese Ministry of Agriculture and are listed as being owned by Dalian Mengxin. Evidence shows that Meng Xin 5 was fined 346,790 Ghanaian cedis for offences including the passing of fish catch from one boat to another at sea and without inspectors present. This is referred to legally as “unauthorised transshipment.”
- According to reports, the vessel named Meng Xin 29, which is managed by Ghanaian company Soweh Sons Enterprises Ltd, was fined 500,000 cedis after illegal juvenile catches were found onboard. According to sources, the company refuses to pay the fine. Earlier this year, crew on the same vessel were caught on camera appearing to discard juvenile fish overboard.
- Another Ghanaian company operating vessels on behalf of Dalian Mengxin is Kenbonad Fisheries, which manages vessels Meng Xin 15 and 16. This investigation can reveal that in 2016, Meng Xin 16 was fined 485,500 cedis for “undertaking transshipment operations in violation of the country’s Fisheries Act”. The company was reported as refusing to pay the fine.
- This investigation also establishes that the company NASAAA Co Ltd, founded in 2006, is the registered ship manager of four vessels, including two vessels called Meng Xin 10 and Meng Xin 7. These have demonstrable ownership links to Dalian Mengxin. Vessel Meng Xin 10 was filmed by the Environment Justice Foundation in February 2019 carrying out a saiko-related transshipment, an offence under Ghanaian law.
- The company Bossgie Limited operates vessels Meng Xin 2 (or Meng Xin II) and Meng Xin 1. The vessel Meng Xin 2 was fined 126,000 cedis for “dumping of juveniles”. However, the fine has yet to be settled according to reports obtained for this investigation. In 2015, the same vessel was fined 3,000 cedis for the illegal use of fishing gear. Both vessels are owned by Dalian Mengxin Ocean Fisheries.
- Ghanaian company Danac Fisheries is one of Ghana’s oldest companies, established in 1995. An earlier investigation showed that the company manages vessels owned by Rong Cheng Marine Fisheries, a subsidiary of Shandong Bodelong Group. Our investigation reveals that Danac is also managing three vessels on behalf of Dalian Mengxin – Meng Xin 12, 13 and 9 – meaning it is effectively managing vessels on behalf of two Chinese companies.
All of the Ghanaian companies featured are registered to PO box addresses. Dyhia Belhabib, principal investigator at Ecotrust Canada working on fish crimes, said it is a common practice for companies to hide vessel beneficial ownership via PO box addresses. “There is no way a major trawl fleet is owned by a local company whose address is a PO box,” she said.
Repeated attempts were made to locate the contact details for these companies to approach them for comment, despite the lack of publicly accessible contact data or websites….
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