Shark Fishing In Australia: Legal Or Not?

is it illegal to catch sharks in australia

Shark fishing in Australia is a complex issue involving conservation efforts, commercial fishing, and the shark fin trade. While some shark species are protected by government legislation, others are targeted for commercial fishing or caught incidentally. Shark finning, or removing a shark's fins for separate sale, is illegal in Australian waters, but fishing and selling shark meat is permitted. With various management strategies in place, Australia is striving to balance shark conservation with the economic interests of the fishing industry.

Characteristics Values
Legality of catching sharks in Australia It is legal to catch most sharks in Australia
Legality of shark finning in Australia Shark finning at sea is illegal in Commonwealth fisheries. However, it is not illegal to import or export shark fins under Australian law.
Legality of selling shark meat in Australia It is legal to sell shark meat in Australia, often called "flake"
Legality of selling shark fins in Australia Fins removed from legally harvested and landed sharks can be sold legally
Management of shark fishing in Australia The Australian Fisheries Management Authority (AFMA) has a variety of management measures in place to mitigate the catch of protected shark species, including closures, catch limits, and handling practices.
Protected shark species in Australia Several species of shark are protected in Australia, including Harrison's Dogfish, Southern Dogfish, Porbeagle, shortfin mako, and longfin mako sharks.

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Shark finning is illegal in Australia, but fins can be imported and exported

Shark finning, or the act of removing a shark's fins for separate sale, is illegal in Australia. This means that it is prohibited to remove the caudal lobe, caudal fin, pectoral fin, and dorsal fin from a shark at sea and discard its carcass. However, it is important to note that this only applies to specific situations and contexts.

In Australian fisheries, it is illegal to possess shark fins onboard a commercial fishing vessel without the whole shark also being present. This regulation ensures that shark finning does not occur at sea and allows for more effective monitoring of the catch. Once the vessel has returned to land, the entire shark must be offloaded to a licensed fish receiver. At this point, the shark can be processed, and its various body parts, including the fins, can be sold separately.

While shark finning is illegal in Australia, the country is still involved in the international shark fin trade. It is not illegal to import or export shark fins under Australian law. For example, in the 2011-2012 financial year, Australia exported 178 tonnes of shark fins and imported 41 tonnes.

The Australian Fisheries Management Authority (AFMA) plays a crucial role in managing and monitoring shark finning practices. They have implemented various measures to prevent shark finning at sea, such as limits on the number of sharks that can be carried onboard vessels and restrictions on processing sharks at sea. AFMA also investigates allegations of shark finning and conducts strategic intelligence assessments to address any potential black market implications.

It is worth noting that while shark finning is illegal, the trade of shark meat, commonly known as "flake," is legal in Australia. This means that fishers can legally sell the meat of caught sharks and their fins separately, as long as the fins are not removed at sea.

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Gummy shark and school shark are subject to different fishing regulations

In Australia, several species of shark are protected by government legislation. However, the gummy shark is not one of these protected species and can be commercially caught within sustainable limits. Gummy sharks are targeted by one of the fisheries managed by the Australian Fisheries Management Authority (AFMA). This fishery is subject to high levels of monitoring and assessment to ensure that catches are sustainable and within scientifically based limits.

School sharks, on the other hand, are a different species of shark that is currently considered "overfished". As a result, school sharks are only caught as bycatch while targeting gummy sharks. School shark is subject to a rebuilding strategy with limits on catch levels that will support the rebuilding of the stock. Targeting school shark is not permitted.

AFMA has implemented various management measures to mitigate the catch of protected shark species, such as closures and the development of handling practices to increase the survival rate of returned sharks. They have also banned the use of wire traces in Australia's pelagic longline fisheries, which allows more sharks to escape.

In terms of shark finning, it is illegal in Australia to cut the fins off a live shark and discard its body at sea. However, it is legal to catch most sharks and sell their meat, and fishers can sell the fins separately. Australia has taken a leading role in advocating for the international banning of shark finning at sea.

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Some shark species are protected, others are targeted, and some are bycatch

In Australia, some shark species are protected, while others are targeted, and some are caught as bycatch. The Australian Fisheries Management Authority (AFMA) has implemented various measures to manage and conserve shark populations, including the National Plan of Action for the Conservation and Management of Sharks.

Protected Shark Species

Several shark species are protected under Australian law. These include Harrison's Dogfish, Southern Dogfish, and migratory species such as porbeagle, shortfin mako, and longfin mako sharks. AFMA has management strategies in place to promote the recovery of these protected species and mitigate their catch.

Targeted Shark Species

Some shark species are targeted for commercial fishing within sustainable limits. For example, the gummy shark is commonly caught and sold as "flake" in the fish and chips industry. The fishery is closely monitored by AFMA to ensure catches remain sustainable.

Bycatch

Bycatch refers to the incidental capture of shark species during fishing operations. While not specifically targeted, some shark species are caught as bycatch in tuna and billfish fisheries. The main species caught as bycatch include shortfin mako sharks and blue sharks. AFMA has implemented management measures and workplans to minimise the bycatch of shark species and promote the survival of released sharks.

It is important to note that shark finning, the practice of removing a shark's fins for separate sale, is illegal in Australian fisheries. However, it is legal to catch and sell the meat of most shark species in Australia.

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Management strategies aim to reduce shark bycatch and promote recovery

In Australia, several shark species are protected by government legislation. However, it is not illegal to catch some shark species, and they can be commercially fished within sustainable limits. The Australian Fisheries Management Authority (AFMA) has implemented various management strategies to reduce shark bycatch and promote the recovery of shark populations.

One strategy is the development of bycatch and discard workplans for each fishery. These workplans are integrated into the management arrangements for each fishery and are reviewed annually, with formal renewals every two years. The workplans aim to minimise the bycatch of threatened, endangered, and protected species, such as the Australian sea lion, dolphins, and upper-slope dogfish. AFMA also employs fishery closures to protect breeding habitats and exclude specific types of fishing gear from areas where bycatch issues are known to occur.

AFMA has also collaborated with Monash University and the shark fishing industry to create the "Shark and Ray Handling Practices" guide for commercial fishers in southern Australia. This guide provides information on returning live sharks to the ocean and increasing their chances of survival. Additionally, AFMA collects data on interactions with protected species through monitoring programs, utilising onboard scientific observers who collect biological data and make environmental observations.

The Upper-Slope Dogfish Management Strategy was specifically developed to promote the recovery of Harrisson's Dogfish and Southern Dogfish, a group of deepwater shark species. Another strategy, the National Plan of Action for the Conservation and Management of Sharks, outlines how Australia will manage and conserve sharks while meeting international conservation obligations.

To reduce shark bycatch, some states in Australia have implemented non-lethal shark control programs. For example, New South Wales uses shark-detecting drones for real-time monitoring of coastal areas and SMART (Shark Management Alert in Real Time) drumlines, which alert authorities when a shark is captured. Western Australia has also designed physical barriers, such as the Eco Shark Barrier and the Aquaris Gen 2 Barrier, to prevent bycatch and protect beachgoers.

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Live sharks caught must be returned to the sea unharmed

In Australia, it is not illegal to catch most shark species. However, there are strict regulations in place regarding the handling and treatment of sharks, and several species are protected by government legislation. For example, the Upper-Slope Dogfish Management Strategy was developed to promote the recovery of Harrisson's Dogfish and Southern Dogfish, and the school shark is subject to a rebuilding strategy with limits on catch levels.

Additionally, specific shark species, such as the porbeagle, shortfin mako, and longfin mako sharks, are listed as migratory species under the EPBC Act. If a fisher is operating under an accredited AFMA fisheries management plan, they may keep and trade these migratory shark species if they are brought up dead. However, if any of these sharks are caught alive, they must be returned to the sea unharmed. All interactions and catches of these migratory sharks, whether they are kept or released, must be meticulously recorded in the appropriate logbooks.

The AFMA has implemented various management measures and strategies to mitigate the catch of protected shark species and promote their conservation. These include area closures, such as those under the Australian Sea Lion Management Strategy, which help reduce the incidental catch of protected shark species. AFMA also deploys observers, who are officers travelling on fishing boats to collect biological data and make environmental observations, contributing to the monitoring of fishing interactions with protected shark species.

Frequently asked questions

It is not illegal to catch most sharks in Australia, but several species of shark are protected under government legislation. These include Harrison's dogfish, Southern dogfish, porbeagle, shortfin mako and longfin mako sharks.

Shark finning is the process of catching a shark for the sole purpose of harvesting its fins. Shark finning at sea is illegal in all jurisdictions in Australia, but it is not illegal to export or import shark fins under Australian law.

If you suspect illegal fishing, including shark finning at sea or shark catches beyond sustainable limits, you can report it via the CRIMFISH hotline: 1800 274 63.

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