Abstract
Fish aggregating devices (FADs) are widely used in artisanal fisheries in the Mediterranean Sea and in tropical tuna fisheries. Thousands of FADs are lost or abandoned each year, with many causing environmental damage. This article examines whether such loss or abandonment contravenes international marine pollution law. It finds that abandonment probably constitutes “dumping” within the meaning of the international dumping regime and thus, depending on the material of which a FAD is made, is either prohibited or subject to a permit system, and that the nonaccidental loss of a FAD breaches Annex V of MARPOL. The article also considers what action may be taken against the flag states of vessels that have abandoned or lost FADs.
| Original language | English |
|---|---|
| Pages (from-to) | 169-192 |
| Number of pages | 24 |
| Journal | Ocean Development and International Law |
| Volume | 52 |
| Issue number | 2 |
| Early online date | 20 Apr 2021 |
| DOIs | |
| Publication status | Published - 2021 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 14 Life Below Water
Keywords
- dumping of waste
- fish aggregating devices (FADs)
- garbage disposal
- loss of fishing gear
- marine pollution
- MARPOL
- regional fisheries management organizations
- tuna
ASJC Scopus subject areas
- Development
- Political Science and International Relations
- Management, Monitoring, Policy and Law
- Law
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