Environment Protection and Biodiversity Conservation Amendment (Recreational Fishing for Mako and Porbeagle Sharks) Act 2010
No. 107, 2010
An Act to amend the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Amendment (Recreational Fishing for Mako and Porbeagle Sharks) Act 2010
No. 107, 2010
An Act to amend the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes
[Assented to 14 July 2010]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Environment Protection and Biodiversity Conservation Amendment (Recreational Fishing for Mako and Porbeagle Sharks) Act 2010.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Environment Protection and Biodiversity Conservation Act 1999
1 Section 212
Before “Sections”, insert “(1)”.
2 After paragraph 212(q)
Insert:
; or (r) an action that is taken in the course of recreational fishing and the action:
(i) consists of, or involves, taking, trading, keeping or moving; or
(ii) results in the death or injury of;
a shortfin mako shark, a longfin mako shark or a porbeagle shark.
3 At the end of section 212
Add:
(2) For the purposes of paragraph (1)(r), recreational fishing includes (but is not limited to) the following types of fishing:
(a) fishing from a charter boat (within the meaning of the Fisheries Management Act 1991), including fishing by the person in charge of the boat, the crew of the boat or any other person on the boat;
(b) fishing in a fishing competition (whether or not in a professional capacity);
(c) fishing that is undertaken primarily for:
(i) inclusion on a website, or in a film, video, television program or radio program; or
(ii) description or representation in a magazine, newspaper, book or other such document.
4 At the end of paragraph 214(1)(b)
Add “or (r)”.
5 Section 528
Insert:
longfin mako shark means the listed migratory species with the common name longfin mako shark and the scientific name Isurus paucus.
6 Section 528
Insert:
porbeagle shark means the listed migratory species with the common name porbeagle shark and the scientific name Lamna nasus.
7 Section 528
Insert:
shortfin mako shark means the listed migratory species with the common name shortfin mako shark and the scientific name Isurus oxyrinchus.
[Minister’s second reading speech made in—
House of Representatives on 25 February 2010
Senate on 16 March 2010]
Overview
The Environment Protection and Biodiversity Conservation Amendment (Recreational Fishing for Mako and Porbeagle Sharks) Act 2010 was enacted by the Parliament of Australia to address the problem of unsustainable recreational fishing practices affecting shortfin mako sharks, longfin mako sharks, and porbeagle sharks. This Act serves as an amendment to the Environment Protection and Biodiversity Conservation Act 1999, aiming to provide enhanced protection to these migratory shark species by regulating actions related to their capture, trade, and movement during recreational fishing activities. The policy objective of the Act is to conserve these shark species and their habitats by ensuring that recreational fishing does not contribute to their decline, thereby supporting the broader goal of biodiversity conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Amendment (Recreational Fishing for Mako and Porbeagle Sharks) Act 2010 amends the Environment Protection and Biodiversity Conservation Act 1999 to introduce specific provisions regarding the recreational fishing of shortfin mako sharks, longfin mako sharks, and porbeagle sharks. This Act applies to actions taken in the course of recreational fishing, including activities such as fishing from a charter boat, participation in fishing competitions, and fishing undertaken primarily for media or publication purposes, which involve taking, trading, keeping, or moving these shark species, or result in their death or injury. The scope of the Act extends to individuals and entities engaged in recreational fishing activities that impact these endangered shark species. Geographically, the Act operates within the jurisdiction of the Commonwealth of Australia and is subject to the overarching provisions of the Environment Protection and Biodiversity Conservation Act 1999. Subordinate instruments may further define the specific application and enforcement of these amendments.
Key Provisions
The Environment Protection and Biodiversity Conservation Amendment (Recreational Fishing for Mako and Porbeagle Sharks) Act 2010 (No. 107, 2010) amends the Environment Protection and Biodiversity Conservation Act 1999. This Act specifically targets recreational fishing activities involving shortfin mako sharks, longfin mako sharks, and porbeagle sharks. Section 1 (2) of Schedule 1 amends Section 212 of the Environment Protection and Biodiversity Conservation Act 1999 by inserting a new paragraph (r) which defines actions related to recreational fishing that involve these three shark species. It specifies that recreational fishing includes fishing from charter boats, participation in fishing competitions, and fishing primarily for media or publication purposes. The Act further clarifies the scope of recreational fishing in Section 1 (3) of Schedule 1 by adding definitions for longfin mako shark, porbeagle shark, and shortfin mako shark in Section 528.
Under this legislation, certain obligations and requirements are imposed on individuals and entities involved in recreational fishing activities. Section 1 (2) of Schedule 1 mandates that any recreational fishing action involving the taking, trading, keeping, or moving of shortfin mako sharks, longfin mako sharks, or porbeagle sharks is subject to specific regulations. This includes fishing from charter boats, participation in fishing competitions, and media-related fishing activities. The Act requires that such actions comply with the specified provisions to avoid any legal repercussions. Section 1 (3) of Schedule 1 further delineates the types of sharks covered under the Act, ensuring clarity and precision in enforcement.
Breach of the provisions outlined in this Act can result in various legal consequences. Section 212 of the Environment Protection and Biodiversity Conservation Act 1999, as amended by Section 1 (2) of Schedule 1, imposes penalties for non-compliance. The exact penalties are not specified within the Act itself but are governed by the broader framework of the Environment Protection and Biodiversity Conservation Act 1999. Offenders may face civil penalties, including fines, as well as potential criminal charges, depending on the severity and intent of the violation. These penalties are designed to enforce conservation efforts and ensure compliance with the Act's objectives.