Are Fiji's Sharks protected?

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Short answer?

I wish - but no, not really! 😒

 

I thought I could happily enjoy my retirement, but no such luck. 

The massive pressure on our marine resources during the pandemic could, and indeed should have led to a moment of reflection and new beginnings.

But instead, we're very much back to business as usual where instead of tackling the ever increasing problem of overfishing and rampant IUU, the local marine conservation mafia is back playing their usual pathetic games of smoke and mirrors.

And once you add in the invasion by those dipshits with an opinion and a smartphone parachuting into our tourism and conservation space and then making idiotic and highly misleading public pronouncements on their various social media pages, magazine articles, websites and television shows, we really got ourselves an absolute and total shit show that cannot remain unanswered.

Needless to say that I despise all of that: many of those people and orgs, the brazen squandering of resources, the parasitical mooching and profiteering, the verbose bloviating and above all, the total lack of due diligence and subsequent uncritical dissemination of all that unbearable BS.

 

Or may this just be yet another outbreak of Dunning-Kruger - or the continuation thereof?

Who knows - ultimately it matters not as the end result is the same. 

 

Yes I know: I'm officially retired and should not care.

But I do, this the more as many of those stupidities indicate mission accomplished where it is in fact still far from that. 

And I got spare time on my hands - so there.

 

Don't worry - I'm not going to point fingers, at least not more than strictly required.

But like in my last post about Shark ecotourism, I feel that it is necessary to set the record straight once and for all - the more as like there, I can then simply reference this post instead of having to explain the exact same facts over and over and over again. 

Not that I really believe that it will change much - but hey, hope springs eternal.

 

Granted, Fiji's marine conservation ecosystem is highly complex (but then again, once you understand it, maybe not so much), highly non-transparent and replete with misinformation in a seemingly never-ending cycle of collective frittering away of other people's hard-earned money on bogus short-term projects with zero actual benefit to Fiji's imperiled marine biodiversity, nor the to communities depending on it. 

Everybody knows this but most continue to play the same old tired game of musical chairs as that's how they earn their living, the more since there is no institutional memory, and any degree of accountability for one's past failures is non-existent.

In fact, after more than 20 years and despite of many, many millions in donor funds having been pumped into this space, I would argue that Fiji's marine habitats and Fish stocks are more threatened than ever. 

 

But I'm digressing as always,

So back to the matter at hand: whether Fiji's marine biodiversity in general and Sharks in particular are adequately managed and/or protected. 

 

As a bare minimum, the two essential elements of successful marine protection are

• Some official Legislation, usually specifying what is being protected, where and when; and the penalties for transgressions.
• And then, the all-important Implementation = Monitoring, Enforcement and Prosecution

A. Legislation 

Fiji's current marine biodiversity management and/or protection has been enacted under a variety of laws, foremost of which the 

• Fisheries Act (1941), 
• Offshore Fisheries Management Act (2012), 
• Offshore Fisheries Management Regulations (2014), 
• Customs (Prohibited Imports and Exports) Regulation (1986) 
• Endangered and Protected Species Act (2017)
• and various international agreements to which Fiji is a signatory like CITES, the CMS and the rules and regulations of the WCPFC 

To make an example, once we ralized that our voluntary village MPA, the Shark Reef Marine Reserve, was actually not legally enforceable (see below), we proposed to legalize it  via a Regulation under the Fisheries Act (1941), resulting in the Fisheries (Shark Reef Marine Reserve) (Serua) Regulations 2014 establishing Fiji's first legislated National Marine Park. 

 

This is a small piece of legislation tailored specifically to the SRMR that inter alia bans any fishing, defines the penalties for non-compliance and confers BAD authority for its day-to-day monitoring, management and policing in a ground-breaking marine PPP.

Subsequently, 4 more such legislated Marine Parks have been established under this template, comprising 2 reefs managed by resorts, one reef channel in Kadavu harboring a notable Grouper spawning aggregation, and one village reef.

 

And Fiji's other 500+ declared village MPAs/LMMAs/tabus etc. that ought to be the backbone of Fiji's 30x30 commitment? 

 

Sadly, they are not much more than paper parks - and this is why.

Much like when we initially established the SRMR together with Galoa village in 2004, they are merely the result of private voluntary commitments by stakeholder, i.e. mostly a village or group of villages, to somehow manage (= mostly: not fish) a determined marine area. 

 

These voluntary MPAs are however not recognized under the Fisheries Act and thus not legally enforceable - which begs the question, FLMMA: what were you thinking?

 

Therefore they are, if at all, only binding at the community level insofar as the villagers agree to voluntarily abide by their rules. 

In the past, the neighboring communities would have equally respected those village tabus, meaning that the protection used to be quite effective at the local level, however with one caveat:  this was aimed at preserving the food source = creating unspecific "fish pantries" as opposed to engaging in proper species-specific biodiversity management and conservation - and consequently, some of the most prized Fishes like the Napoleon Wrasse or the Bumphead Parrotfish are rapidly disappearing from our waters.

But in terms of preserving a degree of local food security, those systems certainly used to work quite well.

 

Not so anymore. 

When everybody in tourism lost their job during the pandemic, many did turn to fishing, resulting in widespread overfishing and poaching, and the depletion of all prized Fish stocks pretty much Fiji-wide - see e.g. our latest post-pandemic surveys here.

And as seafood prices have soared in line with the depletion of stocks, the poaching is increasingly being professionalized and continues largely unabated, with a whole flotilla of high-powered vessels raiding even the most remote village LMMAs and tabus pretty much completely unchallenged.

 

The crux is this. 

Unless explicitly forbidden by law (e.g the regulations for those 5 legislated marine parks), anybody in Fiji can fish anywhere for own consumption. 

All poachers know this and when caught will always claim to be fishing privately and for own consumption; and anybody preventing them from doing so will ultimately find themselves on the wrong side of the law.

 

Which brings me straight to the

 

B. Implementation 

 

Here, I can keep it short and sweet.

• In theory, the bans in those 5 legislated MPAs can be legally enforced.
  However in practice,  

• whereas we have the manpower, boats and cash flow to monitor and enforce the fishing ban in the SRMR and are able to deter and/or apprehend some poachers, I ignore whether, and to what extent the other designated MPA managers have the resources to do so.  

• poaching has become a highly lucrative income source perpetrated by professional teams that know how to evade capture and use the legal loopholes to their full advantage. E.g., the law mandates that poachers must be apprehended in the act, a nearly impossible feat when dealing with the ubiquitous night-time spear fishing on SCUBA. 

• and when it comes to the prosecution, Fiji's courts are hopelessly overwhelmed and understaffed, and prosecuting poachers is not a high priority. Consequently, none of the poachers we have apprehended has so far been sentenced. 

• As stated above, all those other 500+ declared MPAs are not legally recognized and can thus not be legally enforced beyond checking for compliance with the general rules of the Fisheries Act (like compliance with gear restrictions, fishing moratoria or prohibited species, etc), and checking for licenses of the commercial fishermen. 

• Other enforcement mechanisms based on traditional indigenous protocols, whilst probably quite effective in the past, are rapidly being eroded as especially the younger generation of villagers have no qualms in defying the will of the community in favor of earning a quick buck.

• Finally, the desperate lack of adequate resources in the Ministry is also preventing the effective enforcement of other provisions of the Fisheries Act that impact our Sharks. 
  E.g., our critically important riverine and estuarine Elasmobranch nurseries (of Bulls, Hammerheads, Lemons, Wedgefishes, Ocellated Eagle Rays, etc.) are severely threatened by widespread illegal gill netting. But the compliance=enforcement team of the Ministry only comprises less than 10 field officers tasked with monitoring compliance with every single Fisheries regulation throughout the whole country which is pretty much mission impossible!

C. And what about the Sharks? 

Fiji does protect some marine species.

E.g., all Sea Turtles are protected via moratoria under both the Fisheries Act (1941) and the Offshore Fisheries Management Regulations (2014); or the Napoleon Wrasse is protected under the Offshore Fisheries Management Regulations (2014); or all Cetaceans are protected via the declaration of Fiji's entire EEZ as a Whale Sanctuary under the Fisheries Act (1941); or there is a yearly seasonal fishing ban for most Groupers and Coral Trout, equally under the Fisheries Act (1941).

No such luck for our Sharks.

 

Many years ago, our industry was collectively working with Pew and the Coral Reef Alliance on declaring Fiji a Shark and Ray Sanctuary. 

But the campaign got hijacked by a gang of local con-$$$ervationists who as so often were only interested in delaying the proceedings in order to milk it for a maximum of junkets, conferences and per diems; and then, the death knell came when the chief Shark Angel and Fat Paul conspired to literally barge in, very much uninvited, for a disastrous television show/campaign dubbed Operation Requiem (think: Whale Wars with Sharks) that completely alienated the authorities who then officially pulled the plug on the whole undertaking.

Yes, this pompous shit. Recognize the squeaking sharkette?

And the bloody show?

Nixed because it was too fake even for Discovery - plus Paul got indicted, had to interrupt his interventionist bluster, and requisitioned the rapid response craft to heroically hide from the authorities in some remote corner of Ha'apai! And thus the ghastly sharkette never got around to putting her life on the line, and to this day keeps happily, and not at all expertly squeaking away on Shark Week!

 

We later tried to introduce a comprehensive and forward-looking Shark and Ray Management & Protection Regulation, but to no avail as that topic appears irrevocably tainted - this very much also owing to a prominent then USP lecturer and now doyen of our latest, greatest marine NGO publicly declaring that If we protect the Sharks, they will eat all the Fish!

 

Yes you really can't make this shit up - but that's what really happened!

And so it goes!

 

But back to the Sharks.

There are also positives.

• Principally in order to achieve compliance with CITES. 
• the Endangered and Protected Species Act (2017) bans the domestic trade (but not the catching and killing!) of all CITES-listed Elasmobranchs, and 
• the Customs (Prohibited Imports and Exports) Regulation (1986) bans the export and import of Shark fins (but probably not of other highly prized Elasmobranch fins like those of the critically endangered Wedgefishes!) 

• And finally, the Offshore Fisheries Management Act (2012) and its associated regulations restrict the use of fishing gear and activities impacting Sharks, including prohibitions on Shark finning and the catch, sale, and possession of protected Shark species, this principally in order to be in compliance with the rules of the WCPFC.

In brief, Fiji's Sharks are still being legally caught, killed and consumed - and where there is legal protection, the enforcement is generally weak.

Rather than being a fin fishery like in the past, this has now morphed into a food fishery where as the prized Fishes are being fished away, people are preferentially targeting the smaller reef Shark species and very disturbingly, the juveniles in the critical nurseries; this because small Sharks taste better than the bigger ones owing to the fact that they have accumulated less urea = ammonia in their meat.

 

That said, the situation is by no means catastrophic.

The fin ban, and the international trading ban under CITES and its local derivative laws prevent the establishment of any sizeable targeted commercial Shark fishery - and consequently, I strongly doubt that our Sharks are presently threatened at the population level. 

And whereas the illegal gill netting in the nurseries is a serious concern, there are simple remedies - but more of that later.

 

Got it so far?

Yes, that sure is a lot of detail that transcends the scope of an Instagram post, long as it may be! But that's the reality on the ground - and if you want to lecture others about this topic, you need to first inform yourselves by talking to people in the know! 

Above all, beware of those pied pipers prating from atop Mt. Stupid!

 

D. And what about the Conservation Achievements of the Shark Diving Industry?

 

So here goes - now comes the juicy part 😁 (= toothy grin).

 

But first things first.

None of our current legal framework has been enacted directly by and/or with our Shark Diving Industry. 

Yes there is our legislated Marine Park which is certainly a great proof-of-concept - but it is very small-scale and although every bit helps, it is probably not terribly relevant for Shark protection at the population level. 

 

That said, we sure count for something.

Shark diving is a highly visible and also lucrative niche product of Fiji's tourism industry, and it stands to reason that this may have played a role in the enactment of the most recent laws. Or at least, that our existence may have prevented the establishment of a proper targeted Shark fishing industry. 

However, methinks that Fiji's current Shark management and conservation legislation is principally the consequence of what has happened at CITES and the WCPFC - and therefore, it would probably be rather inappropriate if we were to engage in any self-congratulatory victory laps.

But back to the operators.

Fiji's Shark diving industry was pioneered 30-odd years ago by Aqua Trek Mana in the Mamanucas, at the now defunct Supermarket dive site where a local Shark wrangler would literally physically manhandle some poor unsuspecting Reefies - all very rough and impromptu, and certainly not in any way conservation-oriented. 

But that was then - and very much like had to be expected, it inevitably all ended in tears.

 

Shark diving in our area was pioneered in the late 90ies by Aqua Trek Beqa who established the baited shark dive at Shark Reef. There was a small fee, some of which was being paid to a (wrong) village in exchange for access to the reef. 

 

However, the site let alone the Sharks and Fishes were not in any way protected. 

On the contrary, whenever the village demanded Fish for some function, the dive staff would happily oblige. In addition, whenever some absolute genius would -much to the delight of the staff- declare that there were too many Giant Trevallies, dozens of them would be "culled" in order to "thin the herd" akin to what was being claimed to be "best practice" in the African safari parks. 

And did they then at least duly recycle those poor Trevallies by feeding them to the Sharks - or did they pile them into the back of the company pickup truck to then go sell them in Navua? Take a wild guess!

Yes once again, you just can't make this shit up can you.

But that was then - at least for the most part.

 

We then took over Shark Reef in 2004 (long, long complicated story) and added the science and conservation components along with much more stringent safety protocols, thus establishing Fiji's first proper Shark ecotourism experience. 

In fact, we only opened shop once we had signed the conservation agreement with the (correct) village. Contrary to before, the new deal stipulates that a fee is being paid not in exchange for access but in exchange for the village not fishing there - this the more as we conduct our Shark dive in government waters and not inside the village's traditional fishing grounds.

And we switched to feeding expensive Tuna heads that get quasi exclusively consumed by the Sharks instead of the previous offal and Fish carcasses from the Fish processor in Lami that made the reef look like a bloody underwater bone graveyard - and consequently, Fish biodiversity that was heavily skewed towards small predators, scavengers and detritivores was able to rebound from less than 200 to now more than 500 species, indicative of a healthy coral reef assemblage!

And we also weaned the staff off their addiction to culling - cold turkey!

 

But enough of that. 

Disbursements to principally Galoa but also other communities so far: FJD 500k+. Plus paid millions in wages. Plus contributed many more millions to the Fijian economy in terms of taxes but also direct purchases and investments. Plus generated even more millions in income for all the ancillary businesses like accommodations, restaurants, tours and transfers, souvenir shops and airlines. Plus trained dozens of young dive professionals mostly recruited among local school leavers, many of which from Galoa. Plus sponsored the training of dozens of honorary fish wardens. Plus welcomed, entertained and mesmerized thousands of tourists. Plus engaged in several marine restoration initiatives. Plus published dozens of peer-reviewed papers and scientific reports.

And the list goes on and on. 

 

When it comes to our four principal industry peers.

Following our lead, all now claim that they have entered into some conservation deal with local communities, that they protect their site, that they are saving the Sharks, that they have pioneered this or that - and obviously, that they are the very best!

 

Really? 

• Last time I checked, none of them operate out of a legislated (= gazetted) MPA- and consequently, none of their sites are currently legally protected against poaching 

• I however understand that the one in the Yasawas is actively pursuing legal protection via a different mechanism (I hear, a foreshore lease). They also conduct research and reef restoration, etc. and actively engage with the local communities that are said to largely respect the fishing ban. 

• The others, well what can I say. Lemme keep it as neutral as I can.
• Now that the Fish have been conveniently aggregated in those Shark diving sites: is there any monitoring, training of fish wardens, deterrence via inspections & enforcement of the Fisheries Act - anything at all? Any, gasp, night patrols?
• Or may the staff still be taking advantage of absentee owners and regularly poach there?
• Or the neighboring communities, every single day, on their way to and from Pac Harbour and Navua? 
• And do they employ any marine scientists = any scientific monitoring and/or research, let alone publications? 
• Any reef restoration?
• Any marine conservation beyond the infamous raising awareness? 
• Fees disbursed, people trained? 
• Questions questions! 😀

And so it goes.

In the big scheme of things, not to worry.

Judging from the many, many enthusiastic reviews and lack of major incidents, everybody in the industry does a really good job at providing an exhilarating and safe experience to our tourists.

 

The conservation and research, meh.

They cost a lot of money, require very specialized skills and knowledge, and heaps of commitment, patience and perseverance as everything is tedious and success is by no means guaranteed - and with that in mind, it's perfectly fine to decide not to incur that expense and to merely focus on the tourism side of the business like many of our peers do world-wide.

 

But folks, can you then please stop the charade. 

Stop pretending to be what you are clearly not, the more as the customers always end up finding out the truth and will quickly call you out - as in flagging somebody's, and I cite, 2h bro science talk 😂, and the like. 

If you don't know what yer talking about, do yourself a favor and get yourself an education - e.g. by reading our scientific papers or by consulting this blog. You're welcome!

And even better: how about walking all that breathy talk!

  

E. And the Way Forward? 

 

Fiji's Shark Diving Industry is not broken and needs no fixing. 

The operations are all profitable and based on the customer feedback, they are quite well run and above all, very safe indeed. Yes would be nice if we all loved each other and worked together - but since we all operate our own sites, it's not an objective necessity and definitely not gonna happen any time soon.

So please, spare us the advice, relax and enjoy the experience! 

 

But what about those non-legislated dive sites?

C'mon folks - you can do better than that! They are literally our most important business asset that feed you and your family, and it behooves us to take care of them - if only from a business perspective!

 

That said, this is obviously a much bigger issue.

The pandemic has clearly shown us that when you obliterate the Fish stocks, the poor Sharks really suffer - and consequently, our focus needs to shift away from species protection to habitat protection, as in how can one protect the Jaguar if one doesn't protect the Jungle. 

 

With that in mind

• We need to find ways to properly implement and enforce the laws we already have on our books, e.g. 

• We need to stop directing all those conservation funds to those leeching NGOs and multinational agencies who keep on brazenly frittering them away on overhead, lavish junkets, conferences, committees and per diems, only to come up with all those useless projects and management plans that all fail miserably because there are no long-term commitments nor the required authority let alone the funding for their implementation.  

• Instead, the bulk of the funding needs to be directed to the implementing authorities, e.g. the compliance team of the Ministry of Fisheries, or as wages for the honorary fish wardens, but also technical equipment ranging from measly laptops, torches and weather gear all the way to vessels and coastal radars, etc!  

• And how about educating, but also calling out our hopelessly uniformed media and idiotic local influencers that keep on glorifying the killing of our charismatic, and often threatened megafauna like the Giant Groupers, Bumphead Parrots and large Sharks! 

•  Let's find ways to legalize those 500-plus voluntary MPAs and/or LMMAs, which would 
• greatly empower our local communities, 
• incidentally, also benefit our industry peers, but more importantly
• create a huge swath of protected marine habitat that would benefit our Sharks, and
• go a long way in achieving Fiji's 30x30 commitments, at least when it comes to protecting our coastal habitats!

•  Let's try and close the most glaring loopholes, e.g. 

• Now that a coalition of local scientists along with the Fiji Shark Lab have succeeded in listing all our riverine and estuarine Elasmobranch nurseries as ISRAs: let's get them legally protected, e.g. via legislated MPAs for the core areas, plus legislated seasonal fishing bans further afield.

• Let's confer to the Ministry of Fisheries full authority over the whole seafood value chain, this including the currently largely unregulated domestic trade very much inclusive of all those shady outlets plying their trade on Facebook!
  This would also enable Fisheries to mandate that the traders finally submit the data about the local commercial fishing industry which would greatly help in managing those stocks! And how about reversing the burden of proof and also force them to prove that the seafood they sell has not been poached! 

• Let's also put Fisheries in charge of all legislation concerning our marine resources instead of the current fragmentation across several Ministries 

• Finally, how about delegating the authority for all marine conservation inclusive of its enforcement to an independent agency like the LTA - and by the same token, let's find ways to streamline the enforcement by alleviating the burden on the judiciary much like what has incidentally already happened with respect to enforcing the traffic rules.

Any takers?

Like I keep preaching: Less idle talk, more action on the ground! 

 

But above all.

Let's go Shark diving - sustainably! 

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