Animal abuse cases usually involve common pets, like dogs and cats, but a South African man was sentenced this week for abusing a great white shark.
Leon Bekker of George in the Western Cape pleaded guilty to his contravention of various sections of the Marine Living Resources Act No 18 of 1988. He was charged with “fishing for, collecting, attempting to kill, disturbing, harassing, chumming or attracting using bait or other means, keeping controlling or being in possession of a white shark (Carcharodon carcharias) or part thereof, without a permit.”
He was sentenced to a fine of 120,000 South African rands ($13,200) or a year in jail.
According to the organization Oceans Society, last year in Mossel Bay, Bekker hooked a great white shark in front of onlookers. He and two others then dragged the shark onto the rocks, using both a large hook and also by placing their hands into its gills. The shark lay on the rocks while photographs were taken of Bekker with his catch. (You have to wonder if he was inspired by Go Daddy CEO Bob Parsons, who infamously shot an elephant and had photographs quickly snapped to capture the moment.)
Bekker gave evidence in court that he had fought for an hour to get the shark out of the ocean. Once he had done so, he left it lying on the rocks for 16 minutes. While the shark was on the rocks, local marine biologist and shark conservationist Ryan Johnson received a call from worried onlookers asking him to come to the scene. When Johnson arrived, he realized that the shark was close to death and he advised Bekker that he was breaking the law and that he (Johnson) would return the animal to the water immediately.
Johnson believes the shark probably died shortly thereafter. It was too injured and had been out of the water for too long.
Johnson explained to the magistrate that there are approximately 3,500 white sharks left in the world and that taking even one of these animals out of the equation was a disaster for their conservation.
Great white sharks have been protected in South African waters since 1991. It’s hoped that this latest case will prevent others from abusing or killing the sharks.
At present, the state of California is considering adding great white sharks to the California Endangered Species list. Population counts of the toothy predators are challenging to do, but a study two years ago only came up with an estimated population of 220.
Many shark species worldwide are in bad shape due to human activities, pollution, climate change and other factors. Most species are slow to reproduce, such that natural replenishment of losses cannot often outpace the deaths.
South African fisherman becomes first person ever to be convicted of killing a great white shark
Leon Bekker was fishing from the shore using heavy duty tackle
He was fined £8,500 under the Marine Living Resources Actsafe swimming area.
A south African man has become the first person in the world to be convicted of killing a great white shark after he hooked one while fishing from the shore.
Leon Bekker, of George, Western Cape, pleaded guilty to contravention of the Marine Living Resources Act which includes attempting to kill, disturb or be in possession of a white shark without a permit.
Bekker pointed out that he had no idea at first that he'd hooked a great white shark but he pleaded guilty so as not to waste the court's time.
Catch: Fisherman Leon Bekker poses with the great white shark he caught off the South African coast
But in a landmark decision Mossel Bay Magistrate's Court handed him a fine of R120,000 (£8,550) or a 12-month prison sentence, suspended for five years.
The unprecedented case is the only great white shark conviction in a South African court to date - the first country to impose legislation in protecting great white sharks.
Great white sharks have been protected in South African waters since 1991 and no person is permitted to catch them, or even to attempt to catch them.
Penalty: In a landmark ruling, Bekker was fined £8,500 under the Marine Living Resources Act
But for years anglers who landed the sharks were able to successfully argue that they had not been targeting great whites.
Environmentalists believe the ruling sets a new precedent in that anyone using heavy-duty fishing tackle in an area where white sharks are known to inhabit is effectively breaking the law.
Shark scientist Ryan Johnson, who appeared as an expert witness in the case, welcomed the verdict.
He told the Cape Times:
'A lot of law enforcement officers were reluctant to prosecute because they knew it was difficult to prove the anglers had targeted white sharks.
'This prosecutor analysed the law and said as anglers fishing with heavy equipment in an area known for white sharks, they would have a reasonable expectation of catching great white sharks, and so just by fishing with that equipment in that area they are in effect breaking the law.'
Photographs of Bekker giving a thumbs-up sign after hauling the shark onto the rocks, sparked an angry outcry after they were published in the paper two years ago.
However photographs of anglers posing with dead great whites are not uncommon and there is an on-going illegal trade in great white shark body parts such as jaws, which fetch a very high price.
Department of Agriculture, Forestry and Fisheries spokesman Lionel Adendorf said: 'This is the first great white shark case and conviction in any South African court. We are certain that the sentence will serve as a deterrent.'
Bekker pleaded guilty saying he did not want to waste the court's time but pointed out he had no idea he'd hooked a great white shark at the time
Although great white sharks have been protected in South Africa since 1991, there is evidence to suggest that they continue to be targeted by recreational fisherman as a trophy species
The World Wildlife Fund welcomed the ruling. Spokesman Dr Eleanor Yeld Hutchings said: 'This is the first legal case, and conviction, around the catching of a white shark in South Africa.
'For authorities to take such clear action is an excellent indication of their commitment to upholding protected species status.'
The not inconsiderable sentencing of Leon Bekker will hopefully be a deterrent to these practices in South Africa.
As far as I am aware, this is also a world first in terms of prosecution for harming a white shark.'
The great white was caught on the shore near the city of Geroge on South Africa's Cape
Anger: Photographs of Bekker hauling the shark onto the rocks, sparked an outcry in South Africa after they were published two years ago
No person is allowed to trade in, or have possession of any parts of a white shark, even their teeth, without a permit.
In Australia, while Great White Sharks are also protected species in Australian waters, legislators have recently approved a plan to kill sharks that venture too close to people in the water.
There were five fatal shark attacks in Western Australia in the past year, with many residents calling for a more aggressive shark management plan.
South Africa sees it's fair share of great white attacks. one particular hotspot is Capetown's Fish Hoek beach which has seen three attacks in the last eight years.
Hot spot: Capetown's Fish Hoek beach has seen three attacks in the last eight years.
In September last year, British tourist Michael Cohen was attacked with a shark biting off his right leg above the knee and part of his left leg.
That followed two fatal attacks including that of Zimbabwean tourist Lloyd Skinner who was pulled undewater and dragged out to sea in 2010. Only his diving goggles were found.
And in November 2004, a 77-year-old Tyna Webb, was attacked and killed by a shark while doing the backstroke.
City officials are now considering installing a 355-metre long net across a stretch of the beach to create a safe swimming area. 作者: 麵包和牛奶 時間: 2013-3-14 11:49 PM