HOT TOPIC - MAKO FISHING BAN

The Australian Government released a fact sheet on the 15th December on the impacts of three shark species being listed as a migratory species under the Environment Protection and Biodiversity Conservation Act (EPBC Act). The Hon Peter Garrett MP, Minister for the Environment, Heritage and the Arts, released a media statement on the 18 December further detailing the impacts to recreational fishers.

Minister Garrett's media release indicates that catch and release for Mako's is acceptable, this follows significant pressure from all key stakeholders including the Game Fishing Association of Australia which represents the majority of game fishing clubs in Australia, Recfish Australia which is the national peak body representing the interests of recreational fishers and the Australian National Sportfishing Association. These national organisations are working hard to present options to Minister Garrett to consider an exemption for the recreational sector or at least a 6-12 month temporary halt to the implications of the international listing. Minsietr Garrett's office has formally advised Recfish Australia on 22 December that "The Minister will carefully consider your suggestioons and will respond on his return from annual leave in the first week of January." TARFish are a Board Member of Recfish Australia and have been directly involved with developing the strategies, Actiuon Plan and communications in relation to this developing issue. 

Minster Garrett has noted that Mako stocks are not under pressure in Austrlian waters and the effect of the international listing has been an unintended consequence that was unknown at the time of the listing. The federal government says it did not know that the 3 shark species would be banned for the recreational sector when they were listed. Recfish Australia, Game Fishing Association of Australia and Australian National Sportfishing Association released a joint media statement on 22nd December detailing information on their efforts in relation to the Mako ban on behalf of Australia's recreational fishers.

Tasmanian Senator, The Hon Richard Colbeck, Shadow Parlimentary Secretary for Agriculture, Fisheries and Forestry, issued a media release on 17 December opposing the latest target on recreational fishing by the federal government.

It must be understood that the ban only applies to commonwealth waters, i.e. beyond state waters (3 nautical miles) and out to Australia's territorial waters (220 nautical miles) and is expected to come into effect from 29th January 2010. TARFish have checked with the Tasmanian state government and have been advised by the Department of Primary Industries, Water and Environment that the ban does not apply to state waters therefore Mako sharks can be legally caught and kept in state waters. This is a very hot national topic at present and there are considerable efforts being directed at Minister Garrett to reverse the implications of the listing.

On the 18th December the Federal Coalition, led by Senator Colbeck, released a media release announcing a petition to stop Federal Environment Minister Peter Garrett's proposal to ban recreational fishing of Mako and Porbeagle sharks. Senator Colbeck released an updated media release on 6th January announcing Petition to stop mako fishing ban receives nation-wide support.

The EPBC Act is the federal act that applies to this ban and the EPBC Act is currently under federal government review. It is interesting to note that the review report into the EPBC Act was released on 21st December. There are 71 recommendations to make changes to the EPBC Act and one of the recommendations specifically addresses the Mako ban. Recommendation 17 says that the government should allow the take of the 3 shark species listed on the international listing, subject to management arrangements that the take would not be detrimental to the survival of the species. This is encouraging information supporting the call by the recreational sector to halt the ban on Mako fishing in commonwealth waters.

Senator Colbeck released a media release on 21 December on his message to a meeting of recreational fishers at Shellharbour Workers Club, New South Wales.

TARFish have advised Minister Garrett of their opposition to the unintended consequences of a ban on recreational fishing for Mako and Porbeagle sharks. TARFish have been working with, and supporting, the Tasmanian Game Fishing Association which looks after the interests of the 4 game fishing clubs in Tasmania in responding to the ban by the federal government.

Senator Colbeck released a media release on 5th January noting extreme green group gets seat at key marine meeting; fishing industry misses out. Senator Colbeck has called on the federal government to immediately announce the postponement of his ban and begin a genuine consultation process prior to any decision being made.

Senator Colbeck released a media statement on 13th January noting "Labor MP all at sea on mako fishing ban." Senator Colbeck says a Rudd Government backbencher has been caught out attempting to mislead recreational fisherman abour the mako shark ban his government is implementing.

TARFish are a board member of Recfish Australia which is the national peak body for recreational fishers. Recfish Australia has recently joined the newly formed Boating and Fishing Council of Australia (BFCA). The BFCA is an alliance between, the Australian Fishing Trade Association, the Australian Marine Industries Federation which includes the various state Boating Industry Associations and the Outboard Engine Distributors Association. The alliance brings together all key stakeholders in the recreational fishing industry and was established to ensure a coordinated national approach on agreed issues. The alliance has the services of a professional lobbyist in Canberra who is working hard lobbying Minister Garrett and senior government officials on the Mako and Porbeagle shark ban.

A federal government Joint Standing Committee on Treaties is currently investigating the proposed listing of Mako and Porbeagle sharks which will result in the ban on taking these shark species from 29th January. The closing date for submissions to the committee close on 15th January therefore urgent action on submissions is required. If you would like to email your letter to the committee letting them know that you do not support the listing of the shortfin mako, longfin mako and porbeagle sharks as migratory species under the EPBC Act then email to jsct@aph.gov.au . Address your letter to Committee Secretary, Joint Standing Committee on Treaties, Department of House of Representatives, PO Box 6021, Parliament House, Canberra, ACT 2600. A copy of the TARFish letter to the Joint Committee is available by clicking here. 

Senator Colbeck released a media statement on 15th January noting that "Labor's mako shark ban threatens scientific research". Senator Colbeck says "The Rudd Labor Government's decision to ban mako shark fishing is threatening the collection of scientific data for research purposes." 

Senator Colbeck released a media statement on 19 January noting that " Garrett must read his own review to fix mako mess." Senator Colbeck says "Federal Environment Minister must this week announce a postponement of his decision to implement a no-take policy on mako and porbeagle sharks and begin genuine consultation."

Senator Colbeck released a media statement on 21 January noting that "Confusion, division and panic in Labor ranks over mako fishing ban."

Senator Colbeck released a media statement on 24 January noting that "Tasmanian rec fishers to have say on Garrett's mako ban."

The Boating and Fishing Council of Australia released a media statement on 24 January noting "Garrett must address Mako Shark concerns this week or risk 1,000s of Australian fishers and boaters blockading Canberra." The BFCA are calling on recreational fishers and boaters to drive to Canberra and blockade Parliament House if Minister Garrett does not make key decisions this week.

Senator Colbeck organised a public meeting at St Helens on 25 January to discuss the ban on mako sharks. Around 60 recreational fishers attended the meeting to shows their support for the ban to be abolished as there is no scientific basis for the implementation of the ban. Recreational fishers were angry they had not been consulted prior to the ban and voiced their disapproval at the process that allowed the ban to be implemented.

Minister Garrett released a media statement on 25 January noting "Legislative changes for rec fishing of mako's. Environment Minister, Peter Garrett said today the Government would move to introduce legislative amendments to ensure that international changes to the status of mako sharks would not affect recreational fishing activities in Australia."

The Victorian Recreational Fishing body, VRFish, released a media statement on 25 January noting "Victorian recreational fishers welcome a mako amendment. VRFish is optimistic with Minister Garrett's announcement this morning that the Federal Government will move to amend the EPBC Act to ensure that international changes to the status of Mako Sharks would not affect recreational fishing activities in Australia."

Senator Colbeck released a media statement on 25 January noting "Recreational fishers force backdown on mako shark ban. Australia's many thousands of recreational fishers, in conjunction with the Federal Coalition, have scored a huge victory with the Federal Environment Minister Peter Garrett finally backing down on a decision to ban the fishing of mako sharks."

Senator Colbeck organised a public meeting at Devonport on 27 January to discuss the mako ban with affected recreational fishers. In excess of 100 keen fishers attended the meeting and whilst were appreciative that Minister Garrett had publicly announced he would be be introducing legislative amendments to remove the ban on mako sharks they were still frustrated that the ban came about without any consultation with the recreational fishing sector. Concerns were raised that a similar situation could eventuate with other fish species and called on the federal government to give a commitment that future commonwealth fisheries management would include involvement and communication with the recreational fishing sector before changes were made.  

Senator Colbeck released a media statement on 28 January noting "Fisherman must beware of Garrett's mako fishing laws. Recreational anglers fishing for mako sharks are being warned that despite a 'backdown' by the Federal Government on a ban on the fishing of the species, severe restrictions will begin tomorrow."

The Boating and Fishing Council of Australia released a media statement on 29 January noting "Mako shark decision galvanizes national fishing and boating unity." The BFCA "today welcomed the Rudd Government's commonsense decision this week to make amendments to the Environmental Protection and Biodiversity Conservation Act (EPBC Act) to address the Mako and Porbeagle Shark issue." 

The Department of the Environment, Water, Heritage and the Arts (DEWHA) responded to Break O Day Council Mayor Robert Legge's letter to Minister Garrett in relation to their annual shark fishing events in February and March. DEWHA advised Mayor Legge "...In particular we note that the manner in which the tournaments will be run is intended to promote sustainable fishing practices. On that basis, the Department is prepared to indicate now in applying its Compliance and Enforcement Policy it would not take any enforcement action under the current law against either an individual or the St Helens Game Fishing Club for activities occurring during the tournaments. In this regard and consistent with your stance on sustainable fishing, we would ask you to strongly encourage participants to give preference to catch and release fishing and avoid the killing of Mako skarks whereever possible."

Senator Colbeck released a media statement on 4 February noting "8000 Fishing voices heard in Federal Parliament, A national petition calling on the Rudd Government to backdown on its mako shark fishing ban was today tabled in the Federal Parliament by the Federal Coalition spokesman for Fisheries, Senator Richard Colbeck. The national petition, along with two separately organised petitions also tabled, contained the signatures of 8877 members of Australia's recreational fishing community." 

Senator Colbeck released an email update on 10 February to recreational fishers on the Mako Shark ban legislative amendments process.

Senator Colbeck released a media statement on 25 February noting "Coalition welcomes tabling of amendments to fix Garrett's mak shark mess. The long overdue tabling of legislation to fix up yet another of Environment Minister Peter Garrett's messes has been welcomed today."

Recfish Australia, the national peak body for recreational fishers, released a media statement on 1 March welcoming Minister Garrett's decision to amend the EPBC Act. "Australia's recreational fishers today welcomed the decision by The Hon. Peter Garrett, Federal Minister for the Environment to allow the sustainable fishing of Mako Sharks to continue."

Senator Colbeck asked the recreational fishing sector on 25 February to provide feedback on the EPBC Act amendments proposed by Minister Garrett. TARFish responded "Whilst TARfish , and Tasmania's recreational fishing sector, welcome Minister Garrett's decision to allow sustainable recreational fishing for Mako and Porbeagle sharks we have ongoing concerns with access to species that may in the future be listed under Appendix II of the Bonn Convention. The amendments provide an exemption for these three species only but does not extend to all species listed on Appendix II. We fully support implementation of Recommendation 17 from the Hawke EPBC Act Review as it will ensure that access to any species listed on Appendix II will be based on sustaining fish stocks, which is what the Australian recreational fishing sector have always advocated. ... If the amendment to the act goes through as drafted and there is an access issue in the future about a species listed on Appendix II the the government will create another embarrassing public campaign. Recreational fishers across Australia have shown through the Mako and Porbeagle Shark Ban that they will not quietly accept access limitations to any fish stock without evidence or warning signs that a fish stock needs such restrictions."

Senator Colbeck advised by email on 12 March. " A quick note on the status of the EPBC Amendment (Mako Sharks) Bill in Parliament. The bill was introduced to the House of Representatives on the 25th of February. Speeches on the Bill started yesterday, 11th March and have been adjourned until next week - I have attached a copy of Greg Hunt, the Shadow Minister for Environment's speech. I would anticipate these speeches would conclude sometime next week following which the Bill will move to the Senate. There is no indication at this stage of when the Bill will be debated in the Senate, but there is a possibility it may not be until the May sittings of Parliament as next week is the last full sitting week of Parliament until the May Budget sittings."

Senator Colbeck advised by email on 18 March. "An update on the EPBC Amendment (Recreational Fishing for Mako and Porbeagle Sharks) Bill 2010. Today is the last sitting day of the Senate until mid-May, but the Government has not put the Bill foward for debate. The Coalition, through, Senator Colbeck, sought to expedite the Bill to have it debated and passed this week, but this was not possible because: 1) The Government has not managed its legislative agenda properly meaning they did not have room to fit in the Bill this week 2) The Greens Party refused to allow the Bill to be expedited citing their concerns with aspects of the Bill. This means the earliest the legislation can now be passed by the Senate is 11 May. This is obviously a situation the Coalition finds very disappointing. It is probable we would not have reached this situation if Minister Garrett had not delayed the drafting of the amendments and their introduction into Parliament. His backflip on the mako ban was announced on 25 January, yet the amendments did not enter Parliament until a month later on the 25th February.

Senator Colbeck released a media release on 10 May "Rudd Government stalls on mako shark fishing legislation. Recreational fisherman face the prospect of not being legally able to catch mako sharks until after the next Federal Election following the decision by the Rudd Government to stall debate on legislation to overturn the ban."

Senator Colbeck's office advised by email on 13 May "Bad news everyone - the Mako Legislation was not prioritised sufficiently by the government this sitting week (or for that matter, previous weeks since February) for it to be debated in the Senate. Hence the earliest the legislation can now be debated and voted upon is 15 June. The Federal Coalition through Senator Colbeck put significant effort into having this legislation expedited but the government as manager of business in the Senate did not agree to such demands. I shall keep you up to date on the fate of this Bill as it progresses (hopefully in June)."

Senator Colbeck advised by email on 17 June " The bad news is the Mako Bill has yet again missed debate in the Senate. The Government put up 19 Bills for debate this morning (which were all passed), but this did not include the EPBC (Mako Shark) Bill. We should receive indication from Government tomorrow as to whether they will prioritise the Mako Bill for debate next week (quite possibly the last sitting week before the election)."

21st June 2010 - Senator Colbeck advised "Coalition welcomes end to Government's Mako mess. The long overdue approval of legislation to overturn the Rudd Labor Government's ban on Mako Sharks has been passed in the Senate tonight with the support of the Federal Government." Click here for full media release from Senator Colbeck.  

15th July 2010 - Recreational fishing for Mako and Porbeagle Sharks is allowed to continue.

Email received from Senator Colbeck.

"Dear All,

The very good news is that amendments to the EPBC Act to allow recreational fishers to fish for mako and porbeagle sharks has now been given Royal Assent (signed by the Governor-General). Responsible fishing of mako sharks is now entirely legal.  This puts to an end a very bad decision made by the Federal Government last year. More importantly, it now allows recreational fishers to look forward to an enjoyable mako shark fishing season.

However, the battle isn't over. Fisheries spokesperson Senator Colbeck and the Federal Coalition now turn their mind to the many other battles to help protect our crucial recreational fishing sector. Marine parks, improving govt consultation with rec fishing organisations and stopping further unnecessary listing of species such as SBT (as recommended by fringe green groups) are key issues.

Please keep us informed of any issues that we may be able to assist with."