Abstract

Derelict fishing gear is a challenge not only for large industrial fleets but for small-scale fisheries as well. While significant gaps in knowledge exist regarding the scale of the challenge in the context of Eastern Caribbean small-scale fisheries, a number of studies have signaled the need to manage this threat. Following is a gap analysis of the legal landscape relevant to derelict fishing gear in the countries of the OECS and Barbados. This analysis focuses on identifying gaps in the national legislation framework for these islands. To assess legislative gaps an assessment matrix has been developed, guided by recommended best practice approaches for preventing and mitigating against the impact of derelict fishing gear as developed by the Food and Agriculture Organisation and other global initiatives. This assessment has found there is a significant regulatory gap for the effective management of derelict gear within the OECS and Barbados. Outdated and missing fisheries laws, lack of marine pollution instruments focused on marine-sources of waste, and complexities related to the multi-gear nature of the fisheries have resulted in a policy and regulatory landscape that falls short of effectively addressing this threat at the national level. Few regulatory provisions exist that effectively contribute to the prevention and/or mitigation of derelict fishing gear. While most States have legislative provisions that allow for the marking of fishing gear few include traceability requirements or technical measures aimed at mitigating impact of derelict gear. This review has highlighted the need for legislative reform to effectively manage this threat.

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