I was recently informed in another thread on this website:

Just wondering if a PIRSA representative could verify this, and maybe provide us with some sort of link to the legislation if it exists?

And if the Legislation does exist - either State or Federal - advise the link for the Regulations under the Act, as it's the Regulations that 'make' the Legislation 'work'.

thanks

Brian. (ex cop)

My work mate was a Skipper of a Shark Boat til last year and he told

me the pros are only allowed to head and gut their catch on pain of a

fine The fins can only be removed at the processing factory as

they have an unbelievably high value to our asian friends!

The monetary value he quoted convinced me that this illegal practice

must be rife given the rewards and the relatively small chance of

apprehension in a NON commercial environment!

I hear a lot of sharks are caught nocturnally anyway!

Can I just add that he told me that PIRSA do an amazing job of policing the commercial fleet with satellite monitoring, log books to fill with how many individual fish caught, how many times the nets are shot etc etc. They even have to alert Fisheries that they are approaching Port so as they can be inspected on their return if necessary!!

Ranger wrote:


Hi,

There is a Commonwealth (Federal) Law in regards to the removal of fins from sharks, however this applies to Commonwealth Licensed commercial fisherman, fishing in commonwealth waters only, (being 3nm - 200nm from shore in SA). The regulations are located as part of the Southern and Eastern Scalefish and Shark Fishery 2010 Management Arrangements and not adhering to them is a breach of the fisherman's licence condition. (This is not really an issue with Commonwealth Licensed fishers who fish in SA, as the sharks caught here are also valuable for their meat and so are always brought in whole. It is more relevant to Commonwealth fishers in tropical waters, where shark meat has little value.)

As far as state law, under the Fisheries Management Act 2007, which applies to both state licensed commercial and recreational fishers, the only law we have is in regards to mutilation of fish at sea. This covers all sharks, not rays, as well as those fish that have a minimum size limit. The law, in relation to shark means to divide, cut up, mangle or dismember them in any way but does not include the removal of pelvic fins and claspers or the removal of the tail at the sub-terminal notch, leaving the caudal lobe attached to the body. The removing of the dorsal fins is not permitted.

This only applies to sharks caught from a boat and prohibits mutilation before they are brought ashore or landed.

Cheers,

Troy Harris
Fisheries Officer
Birkenhead

Thanks for the prompt reply.

mutilation and cruelty should be outlawed full stop. ALL life (except some human beings) should be treated with respect. it is only humans who conjure up extraordinary methods of wanten waste, disrespect and cruelty in this world.

i think sharks are amazing. i have only ever kept one (deep hooked) and this was enjoyed on the plate, otherwise a photo and a kiss and they are away, same for rays.

PIRSA Fisheries wrote:

Troy, in regards to this, there is confusion amongst us raised in another threas, about whether there is or isn't legislation to prohibit cutting the barbs from stingrays and then releasing the stingrays live and barbless: www.strikehook.com/forum/5-general-fishi...3935-de-barbing-rays

Being the authority on our fisheries, I wonder could you help provide some clarification for us as to whether this practise is or isn't illegal, or if there is legislation of ANY kind governing this practice?

hows the ray supposed to protect itself,does it grow back?

Ranger wrote:


In reference to the NATIONAL ANIMAL WELFARE BILL 2005, which has previously been mentioned, you will note that it is a 'Bill", not an "Act". Whilst I am certainly not an expert when it comes to Parliamentary proceedings, a 'Bill" is not actual Law, rather a proposal for a law, or legislation, that is introduced into Parliament. Bills are considered consecutively by the two Houses of the Federal Parliament, the House of Representatives and the Senate. The two Houses must agree to a bill in identical terms before it can be transmitted to the Governor-General for assent, which marks its passage into law. This is a very lengthy process and can result in many changes and many Bills not being passed at all or in their entirety. From all the information I can find, this Bill has never been passed and thus not enacted as Law.
In South Australia, we already have a similar Act, being the Animal Welfare Act 1985. In the interpretations of this act, you will find that it refers to the definition of an animal, as being a member of any species of the sub-phylum vertebrata except—
(a) a human being; or
(b) a fish,
and includes any prescribed animal;
Previously stated is all the Fisheries Laws that apply in this state, in regards to the mutilation of fish.
Thus, there is no law preventing the action of removing a barb of a stingray and releasing it.

Whilst I am not going to comment on whether it is right or not to debarb a Stingray, a couple of points of interest that I have found in relation to Stingray Barbs:

Stingray barbs are made of a dentine and enamel-like material, similar to the tooth-like scales on sharks. They do grow back. These spines are found on the top side of the tail.

A stingray often loses its spine when it injures another creature. This occurs largely due to the relatively weak connection between the spine and the tail, the often surprising force of this defensive reaction and the anchor-like teeth of the spine, which tend to lodge in tissue like a series of arrowheads or fishhook barbs.

A stingray is relatively unaffected by the loss of its spine because the spine is connected to the tail by only a small amount of connective tissue. Loss of a spine usually results in spine replacement within a short period. In fact, some stingray species replace their spines on an annual basis.

Many thanks for a concise and informative reply!

It's good to have the authorities on board!