Drifting fish aggregating devices (FADs) deploying, soaking and setting – when is a FAD ‘fishing’?

This article describes the proliferation of drifting fish aggregating devices (FADs) and

analyses subsequent legal questions that arise for fisheries and marine litter management

over who is responsible for FADs during their drifting stage. This follows recent

concerns about unlicensed FADs drifting through closed areas. This article analyses a

case study of the Western and Central Pacific Fisheries Commission (WCPFC) in order

to determine State obligations to manage drifting FADs. Analysis concludes that a

drifting FAD in the WCPFC Area is ‘fishing’ from deployment to recovery, thereby creating

obligations to monitor, control and report drifting FADs, consistent with broader

obligations for coastal and flag States. The article recommends strengthening regional

management in three ways: implement regional drifting FAD monitoring systems; control

deployment of drifting FADs so as to promote recovery and minimize lost gear; and

define appropriate responses for FADs that drift into national or closed waters without

a license.