ESTUDIO NORMATIVO SOBRE LA EXIGENCIA DE SEGUROS DE CASCO PARA EMBARCACIONES DE MADERA Y SU INCIDENCIA EN LA ACTIVIDAD PESQUERA ECUATORIANA

Abstract

This study examines the legal requirement for marine insurance covering wooden-hull vessels and its impact on Ecuador’s fishing industry, recognizing these vessels as a strategic component of the national fleet and a key contributor to the country’s economy. The research aims to identify and critically assess the differentiated regulatory treatment applied to artisanal and industrial vessels in securing such insurance, a requirement that, in practice, is often unattainable for shipowners due to insurers’ reluctance or refusal to underwrite these risks. This regulatory barrier undermines the principles of legal certainty, regulatory reasonableness, and equality and non-discrimination. Adopting a qualitative approach and employing both inductive and deductive methods, the study conducts a detailed analysis of the applicable legal framework and evaluates its practical enforcement within the fishing sector. The findings propose viable alternatives to conventional marine insurance policies, including bank guarantees equivalent to the insured value, life insurance for shipowners as collateral in the event of maritime casualties, and the establishment of contingency funds administered by community-based or industry associations. Additionally, the study advocates for the amendment of Article 327 of the Regulations under the Navigation Law with the aim of offering legally and economically feasible compliance options. By advancing these proposals, the article seeks to contribute to the development of a more equitable and accessible legal environment for Ecuadorian fishermen, aligning regulatory requirements with sectoral realities.