The IUU Nature of FADs: Implications for Tuna Management and Markets

Abstract

World tuna catches reached 5.2 million metric tons in 2018, more than doubling since the early 1990s, primarily due to the introduction of Fish Aggregating Devices (FADs). The widespread use of drifting FADs has increased the economic efficiency of the fleet by making it easier to aggregate and locate tuna schools, but at a high ecological cost, including: significant catches of juvenile tunas; bycatch of endangered, threatened and protected species; and "ghost fishing," marine pollution, and sensitive habitat destruction by abandoned FADs. Recent analysis indicates that most deployed FADs are eventually lost, stolen, beached, or abandoned, continuing their destructive impacts. This paper examines the legal regime, market forces, and other factors that frame FAD use. We demonstrate that, because deployed FADs are legally considered to be fishing, when they drift into closed areas or otherwise contravene national or international agreements or regulations, they are Illegal, Unreported, and/or Unregulated (IUU); vessels using such FADs are therefore IUU. We suggest that introducing a transparent FAD ownership tracking system and requiring FAD owners to mitigate their impacts could substantially improve the effectiveness of tuna Regional Fisheries Management Organizations (RFMOs) and redirect market incentives to properly support tuna management.

An integrated scheme for the management of drifting fish aggregating devices in tuna purse seine fisheries

“…WCPFC and IATTC have included activities of “placing, searching for or recovering fish aggregating devices or associated electronic equipment” as parts of fishing in their conventions (WCPFC, 2000; Inter‐American Tropical Tuna Commission (IATTC), 2003). According to this definition, use of dFADs is a part of fishing practice from deployment to retrieval, as long as they are drifting and aggregating fish (Hanich et al, 2019; Gomez et al, 2020; Banks & Zaharia, 2020).…”

“…If the four t‐RFMOs could agree that all dFAD‐related activity is a part of fishing, activities involving lost dFADs should be defined as Illegal, Unreported and Unregulated (IUU) fishing. When dFADs drift into closed areas or violate national or international agreements or regulations, devices and vessels using such devices are IUU fishing (Gomez et al, 2020). Existing international instruments, including the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas , the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, the Agreement on Port State Measures , could provide principles and guidance to help managers and policy‐makers identify challenges to management of dFADs and develop a more sophisticated management scheme, to particularly address unregulated and sometimes unreported activities of unrecovered dFADs.…”

“…Construction of dFADs is relatively inexpensive, compared with fuel costs and other expenses of fishing. Investing around $5200 on a dFAD could yield a direct economic return of $35,000 in just one set (Gomez et al, 2020). This cost‐efficient device therefore has been extensively used in tuna purse seine fisheries across the globe.…”

“…Tuna regional fisheries management organisations (t‐RFMOs) have adopted a package of management measures to regulate the use of dFADs. However, the scale and adverse impacts on tuna and non‐target species are still of concern, especially overexploitation of tuna stocks, high catch of juvenile tunas and bycatch of endangered and protected species (Desurmont & Chapman, 2001; Amandè et al, 2010; Leroy et al, 2013; Gomez et al, 2020). Un‐retrieved dFADs, including rafts and their satellite buoys containing electronics, batteries and solar panels, drift with currents as marine litter.…”

Abandoned, Lost or Otherwise Discarded Fishing Gear (ALDFG) in Tuna Pole-and-Line Fisheries

“…Also a recent legal analysis of the 'loss' and 'abandonment' of FADs shows how complex the issues are and suggests some instances where the use of these devices constitutes illegal, unreported and unregulated (IUU) shing among international legislations 19 . The use of drifting FADs is also coming under increasing scrutiny for potentially contravening international marine pollution legislations including MARPOL V and the London Convention 20 .…”