Compulsory Insurance Third Party Liability Requirements For Fishing Vessels

This circular summarizes the findings of an FAO assessment of legal frameworks in five Caribbean countries (Barbados, Dominica, Saint Kitts and Nevis, Saint Vincent and the Grenadines and Trinidad and Tobago) in terms of entry points for introducing fishing vessel insurance. It also contains an overview of international conventions governing marine insurance and examples of mandatory fishing vessel insurance legislation from selected countries. The origins of compulsory third party liability insurance in the maritime industry and its introduction in international instruments (e.g. the Bunkers Convention, the Wreck Removal Convention, and the EU Directive 2009/20/EC) are discussed. The benefits of introducing compulsory third party liability insurance for everyone involved in the fisheries industry (claimants, shipowners, and society in general) in line with those in the merchant shipping industry are presented. Model regulations to facilitate introduction of compulsory third party liability insurance for fishing vessels are provided, as well as information to support fishers’ awareness raising and capacity building on this subject. This circular also contains the proceedings of a Stakeholder Meeting on Fisheries Insurance Legislative Frameworks for the Caribbean, held on 15 November 2019 in Barbados, where the assessment findings, best-practices and model regulations were presented. The circular makes a case for introduction of compulsory third party liability insurance for fishing vessels in the Caribbean, and claims that such insurance contributes to improving the working conditions of fishers, their safety and to responsible fishing practices.

This circular summarizes the findings of an FAO assessment of legal frameworks in five Caribbean countries (Barbados, Dominica, Saint Kitts and Nevis, Saint Vincent and the Grenadines and Trinidad and Tobago) in terms of entry points for introducing fishing vessel insurance. It also contains an overview of international conventions governing marine insurance and examples of mandatory fishing vessel insurance legislation from selected countries. The origins of compulsory third party liability insurance in the maritime industry and its introduction in international instruments (e.g. the Bunkers Convention, the Wreck Removal Convention, and the EU Directive 2009/20/EC) are discussed. The benefits of introducing compulsory third party liability insurance for everyone involved in the fisheries industry (claimants, shipowners, and society in general) in line with those in the merchant shipping industry are presented. Model regulations to facilitate introduction of compulsory third party liability insurance for fishing vessels are provided, as well as information to support fishers' awareness raising and capacity building on this subject. This circular also contains the proceedings of a Stakeholder Meeting on Fisheries Insurance Legislative Frameworks for the Caribbean, held on 15 November 2019 in Barbados, where the assessment findings, best-practices and model regulations were presented. The circular makes a case for introduction of compulsory third party liability insurance for fishing vessels in the Caribbean, and claims that such insurance contributes to improving the working conditions of fishers, their safety and to responsible fishing practices.

This world review of capture fisheries and aquaculture insurance presents the findings of five regional and four national reports conducted in 2020. An estimated 450 000 fishing vessels worldwide are covered by marine hull insurance. Nearly all of the estimated 67 800 large-scale industrial fishing vessels are covered by marine hull insurance, as well as 50–60 percent of the estimated 430 000 semi-industrial fishing vessels. However, over 95 percent of the 2.3 million motorized small-scale fishing vessels operate uninsured. Most small-scale fishers do not have access to adequate insurance services. Between 2009 and 2019, underwriting experiences in fishing vessel insurance were generally reported as “Good”. What is more, access to accident, life and health insurance services for crew on fishing vessels and small-scale fishers in developing countries has improved in recent years. In 2020, the number of aquaculture insurance policies in force was estimated at over 40 000 worldwide, with China and Indonesia the largest markets for this type of insurance. While large-scale aquaculture producers are well served by the insurance industry, the provision of insurance is inadequate for mediumand small-scale farmers, particularly in Asia. Underwriting experiences for aquaculture stock mortality insurance were reported as “Good” to “Very good” (40 percent), or “Neutral” (36 percent). The insurance industry has consolidated the market and increased profitability in aquaculture insurance. This world review contains information on the capture fisheries and aquaculture insurance market, the prevailing underwriting practices, perils covered, policies in force, risk management and claim handling procedures. Finally, it offers a series of recommendations for increasing insurance service provision to the fisheries and aquaculture industries.

In 2021/2022, FAO studied the role of regional fishery bodies (RFBs) in promoting safety and decent work in fisheries under their mandates. Secretariats of thirty-seven regional fisheries management organizations and regional fishery advisory bodies representing inland and marine small-scale and industrial fisheries across the globe participated in a survey. The research showed that safety at sea is a priority for 51 percent of the RFBs. Thirty-five percent regard safety as important, but not a priority. Moreover, 38 percent of the RFBs surveyed consider decent working conditions a priority. Decent working conditions are important, but not a priority for almost 30 percent of the RFBs. The basic texts of RFBs provide the main legal basis for their mandate to work on safety and decent work in fisheries. Commission meetings and requests by members contribute substantially to RFB measures on these subjects. Management measures, especially for safety of observers, are often the entry point for work on safety and decent work standards by regional fisheries management organizations. The obligations of members under international fishing safety instruments also play a role. RFB secretariats support safety in fisheries through trainings and manuals (32 percent), awareness raising materials (32 percent), and recommendations and measures (24 percent). Most RFB secretariats noted that decent working conditions in fisheries have not been addressed or are not within the mandate of these organizations. Some RFBs however prioritize decent working conditions in fisheries. Since 2018, several RFBs have supported decent work and safety in fisheries through regional technical seminars organized by FAO in collaboration with the Apostleship of the Sea, International Maritime Organization and the International Labour Organization. These seminars aimed to address illegal, unreported and unregulated fishing, decent work and safety in fisheries. Knowledge of international fishing safety instruments is generally limited among RFB secretariats. The technical, financial and human capacity limitations within the secretariats impede their attention to safety and decent work. Many RFB secretariats recognize that development of action plans would be beneficial to integrate safety and decent work better in the management of fishing fleets under their mandates. FAO is supporting some RFBs with their action planning processes, with assistance from the European Commission DG Mare.

This report aims to accelerate climate change adaptation implementation in fisheries management throughout the world. It showcases how flexibility can be introduced in the fisheries management cycle in order to foster adaptation, strengthen the resilience of fisheries, reduce their vulnerability to climate change, and enable managers to respond in a timely manner to the projected changes in the dynamics of marine resources and ecosystems. The publication includes a set of good practices for climate-adaptive fisheries management that have proven their effectiveness and can be adapted to different contexts, providing a range of options for stakeholders including the fishing industry, fishery managers, policymakers and others involved in decision-making. These good practices were linked to one or more of the three common climate-related impacts on fisheries resources: distributional change; productivity change; and species composition change. Therefore, these three impacts can serve as practical entry points to guide decision-makers in identifying good practice adaptation measures suitable for their local contexts. These good practices are based upon transferable experiences and lessons learned from the thirteen case studies across the globe and hopefully will contribute to greater uptake and implementation of climate-adaptive fisheries management measures on the ground.

This report presents the findings of the terminal evaluation of the regional project “Climate change adaptation of the Eastern Caribbean fisheries sector” (GCP/SLC/202/SCF, “CC4FISH”). The project was financed by the Global Environment Facility (GEF) and implemented and co-executed by FAO and regional partners from January 2017 to June 2022. The participating countries were Antigua and Barbuda, Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago.

This publication provides two sets of comparative studies on insurance regulation and supervision covering Asia and Latin America. Altogether 31 countries and economies in these regions are covered.

This circular describes the fisheries accident management process. It contains guidelines for national agencies (competent authorities) involved in fisheries accident investigations. It provides competent authorities and their investigators with a structured approach to meeting their legislative requirements to record, investigate, analyse, and report on accidents in the fishing sector. These guidelines are based on international standards, models and lessons learned from various countries where similar accident management processes are in use. The draft guidelines were discussed and finalized at a Train - the - Trainer workshop on safety at sea for small-scale fishers in the Caribbean, which was attended by 30 professionals on safety at sea and fisheries from seven Caribbean countries and was held in Castries, Saint Lucia in January 2020. The fisheries accident management process outlined may also be useful for other regions, which have similar safety challenges and opportunities for safety improvements in fisheries. These guidelines are intended to apply to a wide range of undesired events, such as accidents involving minor and serious injuries, fatalities, vessel damage, incidents involving damaged equipment and near misses.

Pt. 1 Considers H.R. 207, to nullify shipowner liability to longshoremen based on warranty of seaworthiness; pt. 2 Continuation of hearings on H.R. 207, to limit vessel owners' liability in longshoremen's third party suits based on breach of seaworthiness warranty.