Wildlife Preservation Society of Queensland

Manager, Fisheries Policy and Environment
Department of Agriculture Fisheries and Forestry
GPO Box 858
Canberra ACT 2601
Sharkplan 2

15th July 2010

Dear Sir/Madam

Re: Australia’s Draft 2011 National Plan of Action for the Conservation and Management of Sharks (Shark Plan 2)

I have been directed by the State Council of the Wildlife Preservation Society of Queensland (Wildlife Queensland) to forward our comments regarding the draft Shark Plan 2.

Wildlife Queensland is one of the longest established and most respected wildlife-focused conservation groups in Queensland. With over 4000 supporters spread across numerous branches throughout Queensland, Wildlife Queensland is a strong voice for our wildlife and its habitat.

Wildlife Queensland is apolitical. Our aims include;

• Preserve the flora and fauna of Australia by all lawful means Educate the community in an understanding of the principles of conservation and
  preservation of the natural environment
• Discourage by all legal means, the possible destruction, exploitation and unnecessary development of any part of the natural environment
• Encourage rational land use and proper land planning of existing and future development, and the use of the natural environment and its management

Wildlife Queensland is actively involved in conservation efforts for sharks in Queensland and nationally. Wildlife Queensland appreciates the opportunity to make comment. Failure to comment on some sections of the draft plan should not necessarily be construed as support for those sections. Wildlife Queensland has elected to adopt the following structure in presenting our submission:

General comment

• Fisheries impacts
• Knowledge gaps and application of the precautionary principle
• Habitat protection
• Implementation

Comment specific to the plan

General comment

Fisheries impacts

Shark Plan 2 focuses largely on shark management and ‘sustainable’ use rather than the conservation and protection of Australia’s sharks. Wildlife Queensland has major concerns with the continued focus in Australian Government policy on the ‘sustainable’ use of sharks. No jurisdiction in Australia has been able to clearly demonstrate that they can effectively mange targeted shark fishing and achieve ecological sustainability. The Marine Stewardship
Council has not delivered ecological sustainability accreditation to fishing for any shark species in Australia or target shark fisheries world-wide. Bearing this in mind it is extremely unlikely that adequate measures will be developed to ensure that targeted fishing for sharks can be managed sustainably.

Wildlife Queensland is opposed to targeted shark fishing due to the following:

• The biological characteristics of sharks make them extremely vulnerable to overfishing.
• Shark fishing gear generally lacks selectivity often demonstrated by high numbers of by-product and by-catch species.
• There are numerous species of shark at risk from even small levels of fishing mortality.
• In Australia there is a general lack of verified data on species biology and fisheries making management extremely difficult.
• There are significant knowledge gaps on distribution, abundance and life history traits of many Australian shark species.
• Some species have naturally small population sizes making them vulnerable to overfishing.
• Many shark fisheries around the world have poor sustainability records and experienced species collapses. This includes relatively well informed fisheries with specific management plans for sharks.
• There are significant additional sources of human-induced mortality throughout ranges of many sharks including managed as well as illegal, unregulated and unreported fisheries in and outside Australian waters.

Wildlife Queensland advocates a phase out of all target shark fisheries in Australian waters. There must be a greater emphasis in Shark plan 2 on phasing out Australian shark fisheries including the export of shark products rather than maintaining current fisheries. Wildlife Queensland advocates an economic review of the potential value of sharks alive to the tourism industry compared with their value in Australian fisheries as performed recently in Palau. This information would be a valuable contribution towards understanding the economic value of Australian sharks and may aid conservation efforts.

By-catch of sharks including protected species must be minimised as a matter of priority. Research must be conducted on shark species impacted by fisheries to inform discussions about the sustainability and future management arrangements.

Wildlife Queensland is strongly opposed to shark finning and advocates a consistent approach toward anti-finning measures across all jurisdictions. This includes requiring that all sharks be landed with their fins naturally attached. This best practise approach was supported by the United Nations General Assembly in December 2007.

Clause 12 of Resolution 62/177e states that the General Assembly:

“Calls upon States to take immediate and concerted action to improve the implementation of and compliance with existing regional fisheries management organisations or arrangement and national measures that regulate shark fisheries, in particular those measures which prohibit or restrict fisheries conducted solely for the purpose of harvesting shark fins, and, where necessary, to consider taking other measures, as appropriate, such as requiring that all sharks be landed with each fin naturally attached.” United Nations General Assembly.

By allowing the targeted fishing of sharks and the removal of fins the Government is actively supporting the export of shark fins in the unsustainable and wasteful global shark fin industry. It is industry’s responsibility to adapt and demonstrate best practice. In terms of shark fishing, best practice includes not separating fins at sea. Wildlife Queensland strongly urges the Government to make a stance against the unethical and unsustainable shark fin industry.
Wildlife Queensland also has major concerns that there is currently no regulation on imported shark products. These products could be coming from unregulated, illegal or unsustainable fisheries. While Wildlife Queensland would prefer a ban on shark imports, as a minimum they must be subject to an ecological sustainability test. Should this test show they are coming from unsustainable sources regulation must be put in place to ban their importation.

Knowledge gaps and application of the precautionary principle

Wildlife Queensland is of the understanding that there are considerable gaps in our knowledge of many species of sharks and that there are numerous species that are classified ‘data deficient’. This significantly inhibits the Governments capacity to conserve and manage Australian shark populations. A thorough assessment of the conservation status of Australia’s sharks is needed particularly those listed under IUCN to determine their eligibility for listing
under Federal, State and Territory laws.

In the absence of comprehensive scientific information the Government must ensure the application of the precautionary principle. While the plan refers to the need to conserve and manage shark populations under the principles of Ecologically Sustainable Development and the precautionary approach Wildlife Queensland remains concerned that these principles will not be adequately adopted. There is need for a specific reference to the use of the
CSIRO/AFMA Ecological Risk Assessment approach as a minimum standard to assess risk to shark species in Australian waters to adequately apply the precautionary principle. The Fisheries Research and Development Corporation sponsored National Ecological Sustainable Development Risk Assessment for fisheries is not supported.

Habitat protection

Wildlife Queensland is disappointed by the lack of reference to actions that address the protection of critical shark habitats. The International Plan of Action for Sharks calls for the identification and protection of critical habitats. There has been very limited work on this in Australia with the exception of critical habitats for the Grey Nurse Shark. Shark plan 2 must action the identification and protection of critical habitats for all other species protected under
Federal, State and Territory legislation. This should include listing critical habitats under the EPBC Register of Critical Habitat and the establishment of sanctuary zones in these areas.

Implementation

The lack of specific actions, a detailed implementation plan and a designated budget leaves Wildlife Queensland with reservations at its capacity to achieve its objectives. Without significant improvements in these areas Shark plan 2 will fail to improve the conservation and management of sharks in Australian waters. Resources in fisheries management and conservation agencies are already stretched and relying on these agencies to implement the
actions for Shark Plan 2 with out dedicated funds is considered a recipe for failure. Should the Government decide not to include a dedicated funding package for Shark Plan 2, Wildlife Queensland suggests as a minimum approach that actions must be accompanied with a date of completion, general budget figures and source of funding. Wildlife Queensland is disappointed that the Shark-plan Implementation and Review Committee (SIRC) has no representative from the conservation movement. With no conservation representative this committee lacks transparency and accountability. As a result
of this Wildlife Queensland has limited confidence in the SIRC’s capacity to deliver the plan.

Comment Specific to the plan

Action 6 – Further clarification is needed to specify the anti-finning measures implied. This must include the requirement to land sharks with fins attached.

Action 10. Wildlife Queensland recommends the removal of the phrase ‘maintain and or’ and replace with ‘significantly’ so the action reads: ‘significantly improve stock assessments, risk assessments and status determination processes for target, by-catch and by-product species.’

Action 12. Wildlife Queensland is strongly opposed to the current Queensland and NSW shark control programs of which the primary purpose is to reduce shark numbers including protected species such as the great white shark. This action must be amended to ensure an end to such programs.

Issue 8 and associated actions. Wildlife Queensland is of the opinion that this issue should be given a higher priority. Wildlife Queensland is of the understanding that there are significant knowledge gaps in our understanding of the levels of recreational harvest and that in some cases harvest levels may far exceed commercial harvest. These knowledge gaps must be addressed as a priority in order to facilitate better management of recreational fishing and the impacts on shark populations in Australia.

Action 17. Further clarification is needed to specify what strategies will be implemented.

Issue 12. Further clarification is need to specify the management responses to be implemented for Actions 23 and 27.

Issue 13. There is need to include actions addressing the protection of shark species not already listed under legislation. As stated previously there is need for a comprehensive review of the conservation status of shark species in Australia and the implementation of any subsequent recovery plan or programs. Wildlife Queensland considers this issue should be given high priority.

Issue 14. Wildlife Queensland is also of the opinion that this issue should be given higher priority. Wildlife Queensland recommends the addition of an action to trial the findings in Patterson, H.M. and Tudman, M.J. 2009. Chondrichthyan guide for fisheries managers: A practical guide to mitigating chondrichthyan bycatch. Bureau of Rural Sciences and Australian Fisheries Management Authority, Canberra.

Wildlife Queensland wishes to thank you for considering our comments

Yours sincerely,

[signed]

Fiona Maxwell
Community Conservation Officer
Wildlife Preservation Society of Queensland