Non-Targeted Species

No fish stocks exist in isolation and there is increasing concern that too many non-targeted species are caught by fishermen intending to fish for one particular species.

 

Under the United Nations Convention on the Law of the Sea (UNCLOS), Coastal States are too take into consideration the need to keep associate or dependent species above seriously threatened levels (Article 61(4)) when determining the total allowable catch (TAC) of living resources in their exclusive economic zones (EEZs). A similar provision is made as regards high-seas non- targeted species (Article 119(1)(b)). Such measures adopted shall not discriminate in form or in fact against the fishermen of any State. The 1980 Convention on the Conservation of Antarctic Marine Living Resources is surely advanced as regards by-catch as it adopts an ecosystem approach. In regulating the catch of particular fish species its Commission (CCAMLR) is to take into account the effect of its proposed measure on the populations of birds for which that fish species is a source of food and for instance has adopted conservation and management measures such as precautionary catch limits for krill, which is the cornerstone of the Antarctic food chain. Nevertheless, marine mammals fall outside its competence and decisions of the Commission must be taken by consensus, which limit the taking of sound conservation-based decisions. At a global level, it has been argued that the provision requiring Parties to the Convention on the Biological Diversity (CBD) to 'adopt measures relating to the use of biological resources to avoid or minimize adverse impacts on biological diversity' should be understood in a very broad sense, covering the over-exploitation of target species, the effect of the taking of target species upon non-target species and the ecosystem as a whole, and the problem of incidental taking. Last but not least Agenda 21 calls for practices that minimise waste in the catch of target species and minimise by-catch of non-targeted species (Paragraph 17.49).

 

The problem of by-catch has also led to the conclusion of institutional arrangements from bans on driftnet fishing to codes of conduct for responsible fishing.