48. Management of Non-indigenous Species and Invasive Alien Species

When seeking to manage the risks to marine ecosystems and other marine assets arising from the introduction of invasive alien species by human activities, there are two challenges to be surmounted: first, how to avoid the unintentional introduction of non-indigenous species and, second, how to prevent the intentional introduction of such species which, according to both scientific knowledge and practical experience, are “invasive”.

This contribution to the Handbook outlines the legal framework for dealing with the complex challenge to the marine environment posed by non-indigenous species. The chapter focuses on two main vectors—aquaculture and ballast water—and summarizes recent developments at the international level, with a particular focus on the Ballast Water Management Convention. In doing so, it identifies gaps and inconsistencies at the various regulatory levels and illustrates potential development options for the future legal framework. Given the fact that, in almost all cases, the establishment of invasive species is irreversible, the precautionary and the preventive principle must play a key role in managing the impacts of non-indigenous species on the marine environment.

In addition to looking at the specific regulations, strategies and plans designed to protect the marine environment from the risks associated with the introduction of non-indigenous species, the article also deals with the general legal provisions regarding IAS at the level of the Convention on Biological Diversity and, in particular, at the EU level. With the adoption of Regulation (EU) No 1143/2014 of 22 October 2014, a foundational legal instrument now exists at EU level for dealing with IAS. Its most important achievement is to establish a legally binding list of IAS based on risk assessments; this list is to be continuously developed further, its purpose being effectively to prevent the intentional introduction of IAS.