Basking sharks are now a 'protected wild animal' under Irish law.
That means it is illegal to hunt, injure or interfere with the globally threatened species in Ireland's marine areas under the 1976 Wildlife Act.
Basking sharks are the world’s second biggest shark and can grow as big as 12 metres in length. Instead of feasting on wildlife like seals and other fish, they use their mouths and large ‘gill rakers’ to catch microscopic zooplankton.
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The species faces a high risk of extinction and is the first marine animal to be protected under Irish law.
Its new status in Ireland follows a campaign that included a petition from children, urging leaders to protect the once heavily fished species.
Where an animal is protected under Section 23 of the Act, it is an offence to:
• Hunt a protected wild animal (unless under permission or licence granted by the Department)
• Injure a protected wild animal (unless done while hunting in accordance with a licence or exemption cited above), or
• Wilfully interfere with or destroy the breeding or resting places of a protected wild animal.
As the Basking Shark is a species of fish, under Section 23(3) of the Wildlife Act 1976, Minister Noonan needed Minister for Agriculture, Food and the Marine, Charlie McConalogue, to agree and co-sign off the regulation change.
He did and the new regulations have legal effect from Monday October 3rd, 2022.
The Basking Shark is a globally threatened species which faces a high risk of extinction. The International Union for Conservation of Nature (IUCN) classifies the Basking Shark as ‘endangered’ on its Red List of globally threatened species, with its status changing from Vulnerable to Endangered globally in 2019.
Irish waters constitute one of the most internationally important coastal regions for the species. “Protected wild animal” status will give Basking Sharks important additional protections and contribute to Ireland meeting its obligations under international law.
Minister of State for Heritage and Electoral Reform, Malcolm Noonan TD, said: “We are living in an age of mass extinction. There is an urgent responsibility on all of us to do everything we can to reverse that trend. By strengthening protections for the Basking Shark, Ireland will play its part in offering improved protection to an endangered species that depends on our territorial waters to survive and flourish.
“This measure is a first step in additional protections for vulnerable species in Ireland. My Department is working to further strengthen our wildlife laws to ensure that natural habitats are protected and restored, and to provide a better balance of safeguards for both marine and terrestrial wildlife.”
A Code of Conduct for the wildlife watching industry is now being prepared by the National Parks and Wildlife Service to guide responsible and safe interaction with the Basking Shark in Irish waters. This Code will ensure strong awareness of and accordance with best practice for operators and the public in observing or encountering marine wildlife such as Basking sharks and marine mammals.
Minister for Agriculture, Food and the Marine, Charlie McConalogue TD, said: “I am delighted to be introducing this measure. Irish waters constitute one of the most important international regions for the Basking Shark. By strengthening protections, we are helping this iconic animal thrive in the seas around Ireland.
In addition to this measure, my Department continues to support conservation efforts for this species through the SeaMonitor project, a trans-boundary research initiative that is focused on developing research links between Irish marine research teams and our international partners.”
Work is also underway in the Department of Housing, Local Government and Heritage to review the Wildlife Act, as per the Programme for Government. This will involve an examination of protections and provisions in the Act and will enable further consideration of its effectiveness.
Fair Seas, which is a coalition of Ireland’s leading environmental non-governmental organisations and networks, says the new regulations mark a huge step forward in conserving the globally threatened species.
The group believes an ‘ecosystem-based approach’ to conservation is required to give species like the basking shark a genuine chance of recovery. The Fair Seas report ‘Revitalising Our Seas’ is encouraging the government to implement this approach to their ambition of protecting 30% of Irish waters with a network of Marine Protected Areas by 2030.
Aoife O’Mahony, Fair Seas campaign manager said: "This is another step in the right direction to conserve and protect our marine habitats and species, the next step of finalising Marine Protected Areas legislation this year will help build on successes like today's announcement."
Dr Donal Griffin, Fair Seas marine policy officer and Irish Basking Shark Group (IBSG) co-coordinator added: "Given basking sharks are classified as ‘endangered’, this is a huge step forward in ensuring Ireland remains a place worth visiting for these animals in the future. Yet we can do even more to make sure basking sharks thrive in Irish waters. Ireland has committed to protecting 30% of its seas by 2030, and along with many other nationally and globally important marine species, the basking shark must be a key consideration in Ireland’s future Marine Protected Area network."
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