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Just weeks after playing a major role in negotiations to counter the global decline of migratory sharks the Australian Government has caved into pressure from recreational fishers and charter boat operators with regard to their protection in Australia waters.
On February 12th 2010 Government representatives meeting in Manila, Philippines, agreed on the text of a Memorandum of Understanding aimed at increasing international coordination to ensure action is taken to protect migratory sharks. At the meeting, Australia changed its position of supporting only three species (the great white, basking and whale shark) to a stronger position of supporting inclusion of all seven species (including spiny dogfish, porbeagle, shortfin and longfin mako sharks ) within the agreement.
While the Federal Government appears to be supportive of the international protection of these migratory shark species they have caved into the pressure from recreational fishers and charter boat operators with regard to the listing of porbeagle, shortfin and longfin mako sharks under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
In December 2009 the Federal Minister for the Environment Hon. Peter Garrett made an announcement that the Government would be listing three species of shark: the shortfin mako, longfin mako and porbeagle shark, as migratory species under the EPBC Act. The listing of these species was a result of a requirement of the EPBC Act that species protected under the Convention for the Conservation of Migratory Species (CMS) would automatically become protected under Federal legislation. However on 25th February, Minister Garrett introduced a new bill in the House of Representatives to allow recreational fishers to continue to catch and kill shortfin, longfin mako and porbeagle sharks. The Ministers reason for such action was that there was not enough evidence to show that the three species are at risk in Australian waters and that the recreational fishers should not be disadvantaged because of international law. Wildlife Queensland is outraged at this decision. Under the Federal legislation the Government is obliged to take into consideration the precautionary principle. These vulnerable species must be protected under the EPBC Act until there is independent scientific evidence to indicate that their populations are sufficiently robust to allow fishing to continue.
Migratory sharks are one of the most threatened groups of marine species and in decline worldwide. According to the IUCN Red List 2010, 17% of 1,044 shark species are threatened and at present, our knowledge of about 47% of shark species is too limited to even assess if they are threatened. The slow growth rate, late maturity and slow reproduction rates of sharks make them extremely vulnerable to all forms of fishing. Mako sharks are largely targeted for sports fishing and trophy hunting and occur as incidental catch in some commercial fisheries. The global declines of the porbeagle, longfin and shortfin mako have been so severe that all are now listed as 'vulnerable' by the IUCN. The vulnerability of the shortfin mako has in fact been recognised by the Australian Government which is currently assessing it for listing as a threatened species under the EPBC Act. This review is not due to be completed until late 2011.
The protection of migratory species requires a concerted international effort. Wildlife Queensland is strongly opposed to the Government taking actions that disregard our international obligations to protect internationally vulnerable species. Wildlife Queensland is extremely concerned that in the face of pressure from a small section of the community the Government is willing to compromise its own legislation and international agreements. This sets a precedent where the Government is prepared to arbitrarily change long-standing and strong environmental legislative provisions in the face of pressure from what are essentially, commercial interests. Wildlife Queensland urges members to write to Minister Garrett and express their concerns for his recent actions.
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