A couple of days ago I blogged about the complexities of estimating how many FADs are added every year to the WCPO fishery, and more generally ho FAD fishing changed the fishery from the days I was fishing.
If I was to go back I would have to learn how to find fish again… literally. I don’t think Purse Seine tuna fishery would be economically viable at the present catch rates without FADs… you just have to see the catch rates during the next 3 months (FAD closure on the WCPFC area) to see that most of the fleet would be losing money at the present tuna prices.
I’m actually made for you to find me.
In any case, there is an aspect of FADs that can’t be argued, they contribute to Marine Pollution (MARPOL), and this a paper Just a Harmless Fishing Fad—or Does the Use of FADs Contravene International Marine Pollution Law? analysis that fact from a legal perspective., which is always interesting.
I have no sufficient knowledge on the topic to make a value judgement on the paper, yet the fact that the author, Dr Robin Churchil, is an Emeritus Professor of International Law, University of Dundee, should be a guarantee, as Plastic from FV is a topic I worked working recently, I make an effort of learning by reading.
I quote the conclusions below, but as always I recommend you read the original from the link above.
Conclusions
A large number of FADs are lost or abandoned every year, with many eventually washing up on beaches as litter, stranding in sensitive marine habitats, such as coral reefs and seagrass beds, or sinking and causing damage to seabed habitats. That raises the question of whether international marine pollution law, in particular the international dumping regime (the London Convention, London Protocol, and UNCLOS) and MARPOL, could be used to regulate and mitigate such loss and abandonment. As far as the international dumping regime is concerned, the abandonment (but not the loss) of a FAD probably constitutes “dumping.”
From that it follows that where the London Convention is the applicable law, the state of loading or the flag state, as the case may be, must prohibit the abandonment of FADs made of persistent plastics or other persistent synthetic materials and issue permits for all FADs made of other materials that a fishing vessel intends to abandon. Where the London Protocol is the applicable law, the state of loading or flag state must prohibit the abandonment of FADs made of materials other than “organic material of natural origin,” and must issue permits for the deliberate abandonment of FADs that are made of such materials.
Under UNCLOS, where a fishing vessel intends to abandon a FAD in the territorial sea, EEZ, or continental shelf of a state other than the state of loading or the flag state, it must obtain the express prior approval of that state. There is a due diligence obligation on the state of loading and the flag state to enforce the prohibitions and permit systems of the London Convention and Protocol. Where those states fail to do so, they may be made subject to the dispute settlement processes of the London Protocol and UNCLOS, and to the noncompliance procedure of the London Protocol.
In the case of MARPOL, the nonaccidental loss of a FAD constitutes a breach of Annex V. That is also the case with the abandonment of a FAD, should the conclusion that abandonment falls within the scope of the international dumping regime not be correct. Flag states are under a due diligence obligation to enforce Annex V. Action against states that fail to do so may be taken under the dispute settlement procedures of MARPOL or UNCLOS. Alternatively, such failure could be drawn to the attention of the IMO when the flag state concerned was next due for audit under the IMO’s mandatory audit scheme.
Over the past few years, tropical tuna RFMOs have adopted a number of measures designed to alleviate some of the environmental problems caused by lost or abandoned FADs. All four RFMOs prohibit the use of entangling material suspended beneath FADs in order to prevent sharks, turtles, and other non-target species from becoming entrapped, and “encourage,” but do not (yet) require, FADs to be constructed of biodegradable materials apart from the satellite buoy.
The ICCAT and WCPFC encourage the recovery of lost and abandoned FADs.80 Both RFMOs also prohibit the use of FADs in certain areas at certain times of the year81; it is not clear whether that leads to a reduction in the use (and therefore the loss and abandonment) of FADs or simply leads to greater concentrations when their use is permitted. It remains to be seen how well the mandatory measures will be observed, and whether the hortatory measures eventually become mandatory.
In the meantime, there is a real need for the international dumping regime and MARPOL to be properly implemented and effectively enforced so that the significant pollution caused by lost and abandoned FADs may be reduced and eventually eliminated.