TOES Law Center Calls for Mandatory Installation of AIS on Offshore Wind Turbines, Citing Concerns Over Maritime Safety

The Taiwan Ocean and Environmental Sustainability Law Center (TOES Law Center) held a press conference at the Legislative Yuan on the 11th titled "Ensuring Safety through Coexistence: Advocating for AIS Installation on Every Offshore Wind Turbine." By the end of October 2024, 374 offshore wind turbines have been installed along the western coast of Taiwan. Given the significant overlap between offshore wind farms and fishing grounds, wind farm operators bear the responsibility of equipping structures such as turbine foundations and offshore substations with adequate navigation warning devices. They must also implement appropriate management measures to safeguard the navigation and operational safety of fishermen within and near these wind farms. This aligns with the goal of achieving harmonious coexistence between offshore wind energy and the fishing industry while ensuring shared use of maritime space.

Among various navigation aids, the AIS AtoN (Automatic Identification System – Aids to Navigation) is the most effective device for preventing collisions during periods of heavy fog at sea. AIS AtoN or virtual beacons transmit coordinate information via Very High Frequency (VHF) radio. When fishing vessels equipped with AIS receivers detect these signals, they can determine the distance to the structures and issue alerts to fishermen if necessary. However, the "Technical Specifications Regarding Deployment of Aids to Navigation" does not mandate the installation of AIS AtoN on every structure within offshore wind farms. The number and placement of such devices are left to the discretion of the wind farm operators.

In response, theTOES Law Center conducted a survey in early October 2024 on the deployment of AIS AtoN devices in seven commercial or partially operational wind farms. These include Formosa 1; TPC Offshore Windfarm Phase 1 Demonstration Project, Formosa 2; Greater Changhua 1 and 2a; Changfang & Xidao Offshore Wind Farms; Zhong Neng Offshore Wind Farm Project, and Yunlin Offshore Wind Farm. The survey revealed that the current number of AIS devices installed is generally insufficient to adequately ensure the safety of fishermen's navigation and operations.

Most operators install AIS only on the wind turbines located at the peripheral endpoints of the wind farm; Only the Yunlin Offshore Wind Farm, due to requests from the Yunlin Coastal Fishing Vessel Association, has proposed a plan to install 20 virtual AIS units around the periphery of the wind farm. This plan is currently under negotiation with the fishermen.

The asterisk (*) denotes a "virtual AIS," while a "real AIS" refers to an object that physically exists and transmits its coordinates and other identifiable information from its actual location. Its official name is "AIS AtoN." A "virtual AIS," on the other hand, involves coordinates and other identifiable information transmitted from equipment located elsewhere. This object may either not exist or physically exist; the latter is also referred to as a "hybrid AIS." Once the coordinates are transmitted by an object or device, the signals are received by the fishing vessel’s AIS system and overlaid onto the electronic chart. Similar to a radio, the AIS system on the fishing vessel may experience signal fluctuations due to factors such as location, distance, or the antenna's performance. As a result, the AIS may fail to display the information accurately on the electronic chart.

Fei-Chun Wu, a researcher at TOES Law Center, stated that Fishermen generally believe that equipping only the 4 corner turbines of a wind farm with AIS (Automatic Identification System) makes it difficult to identify the boundaries of the wind farm. This limitation hinders collision avoidance in emergency situations. Taking the nearshore wind farms in Miaoli—Formosa 1 & Formosa 2—as examples, these farms are not only extremely close to the shore but are also situated directly at the entrances of 2 major fishing ports, Long Fong and Waipu. Furthermore, the turbines in these wind farms are arranged irregularly, and there is insufficient passage space between the boundaries of the 2 farms, with only Haineng Wind Farm leaving a roughly 2-kilometer-wide channel.

Additionally, Long Fong and Waipu, and even Nanliao Harbor to the north are tidal ports, which already restrict entry and exit times. Expecting fishermen to completely avoid these wind farms is impractical. At the very least, AIS should be installed on all turbines around the wind farm's periphery, forming a comprehensive signal network to ensure the safety of fishermen entering and leaving the ports

"The sea has already been allocated for wind farms. Why must we bear the responsibility for safety?" They questioned why emitting AIS signals from each turbine is considered so difficult, especially when AIS-equipped fishing net markers are inexpensive and can even be solar-powered. When the AIS signals from wind turbines are received by a fishing vessel's AIS system, they can be overlaid on electronic nautical charts, allowing fishermen to set their own alert distances to avoid collisions.

While operators claim that AIS has been installed on turbines at the 4 corners of the wind farm, why can’t this be seen in Taiwan's vessel dynamic information system? Some operators also state that they have submitted turbine coordinate data to the Ministry of the Interior’s Electronic Navigational Chart (ENC) Center and expect fishermen to update their AIS systems—which usually integrate AIS, navigation, and electronic charts—on their own.

However, ENC providers are neither incentivized nor required to obtain the latest data from the ENC Center before issuing updates. Moreover, the diversity of AIS systems’ brands and models—some of which are outdated and incapable of updating chart data—complicates the issue.

Some operators claim to have provided turbine coordinates directly to fishermen for manual input into their AIS systems. This completely disregards the "digital divide" experienced by older fishermen, many of whom only know how to turn on their AIS systems. Most critically, neither updating electronic charts nor manually marking turbine positions provides collision avoidance alerts."

Ping-Shun Li, Chairman of the Yunlin County Offshore Fishing Boat Association, stated that the association recommends installing additional AIS (Automatic Identification System) devices to provide alerts when fishing vessels approach the boundaries of wind farms, reducing the risk of collisions. The association is dissatisfied with the current proposal for the Yunlin Offshore Wind Farm, which plans to install 20 virtual AIS markers around the perimeter of the wind farm. Instead, the association advocates for installing AIS on "EVERY" turbine, with clear and easily identifiable serial numbers or markings to aid fishermen in recognizing them. Additionally, the lack of lighting or insufficient brightness at completed underwater foundations and transition pieces raises safety concerns for fishermen navigating the area, and the association urges operators to address these issues promptly.

Li also reminded stakeholders that the period from the Mid-Autumn Festival to Lunar New Year is a critical fishing season, during which Yunlin's coastal waters are crowded with drift gillnet fishing vessels, including many from other regions. In light of this, the Yunlin Offshore Wind Farm needs to expedite the establishment of navigational aids and set up real-time communication channels for day and night operations, ensuring effective communication between fishermen and project operators during this crucial period.

Shi-Cheng Yan, a lawyer from the Environmental Rights Foundation, pointed out that Taiwan's current regulations and technical specifications regarding navigational markers for wind farms are insufficiently clear. As a result, most developers only install AIS on turbines located at the outer endpoints of wind farms, failing to adequately ensure safe navigation within the wind farm itself. Yan emphasized that robust technical specifications should provide clear guidance and include mechanisms for meaningful procedural participation.

Yan noted that domestic regulations in the UK and the US, as well as guidelines from the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA), are far more comprehensive compared to those in Taiwan. These regulations require developers to adopt a risk-based assessment approach, thoroughly investigating the impacts of wind farm structures on navigational safety. Moreover, developers are expected to engage in meaningful consultations with stakeholders, including fisheries workers.

Yan further stressed that IALA's guidance specific to marking offshore man-made structures (IALA G1162) includes AIS as one of the recommended options. However, Taiwan's "Technical Specifications Regarding Deployment of Aids to Navigation" fail to incorporate this guidance into the compliance requirements for wind farm developers. Additionally, the lack of procedural participation and stakeholder consultation further exacerbates the problem. Yan concluded by calling for Taiwan to strengthen the requirements for AIS installation on wind farms and to ensure sufficient consultation with stakeholders, especially fishermen.

Therefore, TOES Law Center propose the principle of "AIS as the primary system, ENC as the auxiliary":

1. AIS as the Primary System:
As long as wind turbines continuously transmit signals, any functional AIS main unit on fishing vessels, regardless of brand or model, can receive the signals.

2. ENC as the Auxiliary System:
Due to potential limitations such as location or distance, fishing vessel AIS main units might not receive AIS signals from wind turbines. Additionally, physical AIS equipment malfunctions could result in signal loss, causing the ENC to fail in marking these signals. More importantly, ENC lacks collision warning functions, making it suitable as a supplementary tool.

At the same time, TOES Law Center call for improved interaction standards between new and existing marine space users:

1. For Offshore Wind Farm Operators:

(a) Implement consultation processes with fishermen who operate in wind farm areas. If installing AIS on every wind turbine is not feasible, at least every turbine on the outermost boundary of the wind farm should be equipped with AIS.

(b) Regarding ENC, operators should address the "digital divide" and assist fishermen in updating electronic navigation charts to correctly display wind farm boundaries, turbine locations, and navigation channels.

(c) Additionally, operators should establish a fisheries communication plan and ensure fishermen are informed for contingency purposes.

2. For the Maritime and Port Bureau:
Expedite the integration of wind turbine AIS locations into the “Taiwan Vessel Traffic Information System” to serve as a basis for assessing whether wind turbine AIS devices are functioning properly. For the Bureau of Energy:

3. For the Bureau of Energy:
Fulfill its supervisory responsibilities by requiring wind farms closer to shore or with irregular turbine layouts to install additional AIS devices. Besides urging current offshore wind farm operators to adhere to the consultation procedures outlined above, this consultation process should also be included as part of the required documents for future electricity licensing applications.

Given the significant overlap between offshore wind farms and key fishing grounds, the competitive and cooperative relationship between offshore wind power and fisheries extends beyond resource allocation. Regulatory authorities and offshore wind power operators must strive to understand the needs of fishermen and advance offshore wind projects without disrupting fishing activities. Only then can "best practices" be established, maximizing opportunities for coexistence between offshore wind power and fisheries.