❓ A WA parliamentary question addresses the legality of catch-and-release fishing of tiger sharks, specifically regarding the definition of 'immediate return' and the ramifications of delays for photography. The answer clarifies regulations and advises fishers to prioritize the shark's survival.
AnsweredQoN 489Legislative Council
QuestionView source ↗
SHARKS — CATCH-AND-RELEASE FISHING
489. Hon RICK MAZZA to the Attorney General
representing the Minister for Fisheries:
I refer to the recent media
surrounding the capture of a 4.2 metre tiger shark and an alleged delay in
returning the shark to the water.
(1) What is the maximum length at
which tiger sharks can be legally caught?
(2) What is the definition of ''immediate
return''?
(3) Should it be
found that an offence has occurred due to the time taken to photograph and
return this particular shark to the water, can the minister explain the
ramifications of that decision upon catch‑and‑release fishing, when
anglers catch, for example, large barramundi that are over the maximum limit,
for the purposes of photographing and returning these trophy fish to the water?
489. Hon RICK MAZZA to the Attorney General
representing the Minister for Fisheries:
I refer to the recent media
surrounding the capture of a 4.2 metre tiger shark and an alleged delay in
returning the shark to the water.
(1) What is the maximum length at
which tiger sharks can be legally caught?
(2) What is the definition of ''immediate
return''?
(3) Should it be
found that an offence has occurred due to the time taken to photograph and
return this particular shark to the water, can the minister explain the
ramifications of that decision upon catch‑and‑release fishing, when
anglers catch, for example, large barramundi that are over the maximum limit,
for the purposes of photographing and returning these trophy fish to the water?
AnswerView source ↗
On behalf of the Minister for
Fisheries, I thank the honourable member for some notice of the question.
(1) Tiger sharks belong to the whaler
species of sharks. Whaler sharks with an interdorsal length of greater than 70
centimetres taken by recreational fishers in all waters south of 27 degrees
latitude, are classed as totally protected fish. A person must not take,
possess, sell, purchase, consign, bring into the state or into WA waters any
totally protected fish.
(2) Section 48 of the Fish Resources
Management Act 1994 provides a fisher with a defence against a charge of taking
a totally protected fish, if the fisher takes immediate steps to return a fish
to its natural environment with the least possible injury. The term ''immediate''
is not defined and therefore the common meaning applies and it means ''present,
at once, without delay''.
(3) The ramifications will be based on the
facts and circumstances of the case. All fishers are advised to return totally
protected fish to their natural environment with the least possible injury, in
order to increase the chances of survival. When a recreational fisher becomes
aware they have taken a totally protected fish, the fisher needs to assess
whether the impact of taking the time to photograph that fish will delay the
immediate steps required to return it to its natural environment with the least
possible injury.
Fisheries, I thank the honourable member for some notice of the question.
(1) Tiger sharks belong to the whaler
species of sharks. Whaler sharks with an interdorsal length of greater than 70
centimetres taken by recreational fishers in all waters south of 27 degrees
latitude, are classed as totally protected fish. A person must not take,
possess, sell, purchase, consign, bring into the state or into WA waters any
totally protected fish.
(2) Section 48 of the Fish Resources
Management Act 1994 provides a fisher with a defence against a charge of taking
a totally protected fish, if the fisher takes immediate steps to return a fish
to its natural environment with the least possible injury. The term ''immediate''
is not defined and therefore the common meaning applies and it means ''present,
at once, without delay''.
(3) The ramifications will be based on the
facts and circumstances of the case. All fishers are advised to return totally
protected fish to their natural environment with the least possible injury, in
order to increase the chances of survival. When a recreational fisher becomes
aware they have taken a totally protected fish, the fisher needs to assess
whether the impact of taking the time to photograph that fish will delay the
immediate steps required to return it to its natural environment with the least
possible injury.
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