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

Journal Article


Abstract


  • 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.

Publication Date


  • 2019

Citation


  • Hanich, Q., Davis, R., Holmes, G., Amidjogbe, E. & Campbell, B. (2019). Drifting fish aggregating devices (FADs) deploying, soaking and setting – when is a FAD ‘fishing’?. International Journal of Marine and Coastal Law, 34 1-24.

Number Of Pages


  • 23

Start Page


  • 1

End Page


  • 24

Volume


  • 34

Place Of Publication


  • United States

Abstract


  • 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.

Publication Date


  • 2019

Citation


  • Hanich, Q., Davis, R., Holmes, G., Amidjogbe, E. & Campbell, B. (2019). Drifting fish aggregating devices (FADs) deploying, soaking and setting – when is a FAD ‘fishing’?. International Journal of Marine and Coastal Law, 34 1-24.

Number Of Pages


  • 23

Start Page


  • 1

End Page


  • 24

Volume


  • 34

Place Of Publication


  • United States