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Drifting Fish Aggregating Devices (FADs)
The International Journal of Marine and Coastal Law  (IF0.656),  Pub Date : 2019-11-04, DOI: 10.1163/15718085-23441103
Quentin Hanich, Ruth Davis, Glen Holmes, Elizabeth-Rose Amidjogbe, Brooke Campbell

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 Details 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. This journal article is available at Research Online: https://ro.uow.edu.au/lhapapers/3962 © QUENTIN HANICH, RUTH DAVIS, GLEN HOLMES, ELIZABETH-ROSE AMIDJOGBE AND BROOKE CAMPBELL, 2019 | doi:10.1163/15718085-23441103 This is an open access article distributed under the terms of the CC-BY 4.0 License. The International Journal of Marine and Coastal Law 34 (2019) 1–24 brill.com/estu THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW Drifting Fish Aggregating Devices (FADs) Deploying, Soaking and Setting – When Is a FAD ‘Fishing’? Quentin Hanich,a Ruth Davis,a Glen Holmes,b Elizabeth-Rose Amidjogbea and Brooke Campbella a Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Wollongong, NSW, Australia b GH Consulting Services, Brisbane, Queensland, Australia hanich@uow.edu.au; rdavis@uow.edu.au; gholmes@pewtrusts.org; eamidjog@gmail.com; brookec@uow.edu.au 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.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.