Seabird Bycatch – Deathbed Conservation or a Precautionary and Holistic Approach?

Abstract

The focus of this article is on public international law as it relates to the issue of the incidental mortality of birds in marine fisheries – seabird bycatch. The international regulation of seabird bycatch is an exceedingly interesting topic, among other things because it is situated in the twilight zone where international fisheries regimes and international nature conservation regimes meet, and because it has developed rapidly in recent years. The article purports to provide an overview and analysis of this particular area of international law. At the same time, the topic is viewed from a broader perspective. In order to slow down current rates of biodiversity loss and ecosystem impairment, the international community of states appears to agree on the need to apply a precautionary, holistic approach to nature conservation. It is not clear, however, to what extent such an approach has until now been actually incorporated in international law. Against this background, the article examines the application of the precautionary principle and the ecosystem approach in international fisheries management and marine wildlife conservation law. It does so by zooming in on the specific issue of seabird bycatch.

Keywords: Seabirds, bycatch, fisheries, RFMOs, CMS, ACAP, AEWA, albatrosses