Mako Shark Amendment

DARREN CHEESEMAN ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION
AMENDMENT (RECREATIONAL FISHING FOR MAKO AND
PORBEAGLE SHARKS) BILL 2010

Mr Speaker, I wish to speak on this Bill as it is something I have been very involved in, and which is important to my electorate.

I have worked very hard getting this legislation to our parliament on behalf of fishermen and charter boat operators in my electorate.


Mr Speaker, whilst there are a lot of people who do fish - it's the most popular pastime of Australians - many people don't fish.

And I think many people do not realise the importance of this species to fishermen.

The Mako shark is one of the great sports fish to catch.

It is a what we call a "tearaway" shark, with enormous speed and power and a temperament all of its own.

There is a whole sports industry based around the Mako shark (and I will have more to say about managing this later) and a lot of employment created in my region by charter boat operators , with a market of people who book charters specifically to catch Makos.

So it is an important fish for sports fishermen.

Significantly, the ban came into place because of a crisis in Mako shark populations in other parts of the world.

The ban happened despite the local science that there was little or no interactions with our local Mako shark populations and the northern cousins that are in trouble.

There was outrage by local fishermen at the lack of consultation.
However, this was based on many fishermen not knowing the exact legal situation the Rudd Government and Minister Garrett was placed in.
The problem was the laws that were put in place by the former Liberal Government in the relevant parts of the EPBC Act, and when the former Liberal Government signed off on the international treaty.

This Bill, Mr Speaker, is about undoing the legal straight jacket created by laws passed by the former Liberal Government, which took away the ability of fishermen and charter boat operators to catch and take Mako sharks.

The laws passed by the previous Liberal Government meant that the minute the Mako shark was listed by under the International Treaty for the Protection of Migratory Species, then fishing for that species became illegal because the Labor Government had no legal options.

So that is why I am here today.


Mr Speaker, I'm passionate about fishing. I caught my first fish when I was 4. It was a rock cod.

I spent a lot of time as a young man on a cray boat in Port McDonald in SA, and fishing is something I have always done on my time off.

Fishing is one of the great hobbies or passions, and is a wonderful way to relax, and fishing for Makos is one of the thrills of being a fishermen.


Earlier this year I made a promise to local fishermen and charter operators that I would do my utmost to get the Mako Shark ban changed and allow them to catch Mako sharks.

It is now really pleasing to be able to deliver on that promise.

This Environment Protection and Biodiversity Conservation Bill Amendment amends the Act to allow recreational fishing of longfin mako, shortfin mako, and porbeagle sharks in
Commonwealth areas, notwithstanding the offence provisions in Part 13, Division 2 of the EPBC Act, which prohibit killing, injuring, taking, trading, keeping or moving listed migratory species in Commonwealth areas, and trading, keeping or moving a listed migratory species that has been taken in a Commonwealth area.

The Bill is not intended to override the effect of any State or Territory laws prohibiting recreational fishing of longfin mako, shortfin mako or porbeagle sharks.

As I said previously Mr. Speaker, in December 2008 longfin mako, shortfin mako, and porbeagle sharks were listed on Appendix II of the Convention on the Conservation of Migratory Species of Wild Animals (CMS) primarily due to concerns about populations of these species in the northern hemisphere.

The Independent Review of the EPBC Act (the Hawke Review) examined the provisions of the EPBC Act relating to migratory species, and found that the clear intention of the CMS is to differentiate between Appendix I and Appendix II species and the level of protection required.

The Hawke Review recommends changes to the provisions in Part 13 of the EPBC Act.

The Bill is an interim response to the issues identified by the Hawke Review as they apply to mako and porbeagle sharks while the Government develops and implements its formal response to the Hawke Review.

Mr Speaker, the Government does take its international obligations seriously, however, it is important that our laws properly reflect and implement our international obligations, while also providing the flexibility to properly take into account our particular domestic circumstances.

The Convention on the Conservation of Migratory Species of Wild Animals is an intergovernmental treaty that is concerned with the conservation of wildlife and habitats on a global scale. Australia has been a Party to the Convention since 1991 and contributes actively and constructively to international conservation efforts under its auspices.

These changes will leave our international obligations intact, but ensure local circumstances and local decisions are based on science.


Mr Speaker, I would like to pay particular tribute to a number of people who lobbied hard on behalf of local fishermen and charter boat operators.

Steve Burton and Shane Korth worked very hard to represent their members, were constantly advising me.

And I have to say, as both are strong Labor voters, they certainly made the point to me about the ability of fishermen to see through the cheap point scoring of the local Liberal Party representatives.

I think Steve and Shane were certainly not alone in seeing through what hypocritcs the Liberals are with their rank opportunism, having created the problem, then being the first to criticise.

Mr Speaker, most fishermen I meet are diehard labor voters and it is important we deliver for them.

These are very good people who like getting into their dinghies, getting into the ocean and doing the thing that their family have been doing for years.

I would also like to thank VR fish, a thoroughly professional organisation who have represented fishermen very well. Chris Collins and Ben Scullin did a great job.

Mr Speaker, this legislation will allow fishermen to again legally fish for Mako Sharks.

I want to add a word of caution.

Clearly as a prized and targeted fish and a growing fishing population with more boats and better gear, there will be a growing pressure on Mako populations.

Based on evidence from other fish populations over time, there is plenty of evidence on the cumulative impact of fishing.

The next step as far as I am concerned is to secure some more research funds to get a better picture of local southern Australian shark populations so that any decisions made in the future are based on detailed science.

I think that is one thing both the environmental and fishing lobby groups agree on.

And I would still say to the fishermen, whilst the science is not as robust as we would like it to be, f they have fish in the fridge and hook up with another Mako, consider catch and release to be on the safe side to make sure we have sharks for our children to fish for into the future.

I commend the Bill to the House.

I

 

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