Sabah Shark and Ray Catch, Trade and Conservation SHARK STEWARDS Image Courtesy Scubazoo Dedicated in memory of Dr. Steven Oakley, founder of TRACC and longtime Sabah shark and ocean champion. (Image Hazel Oakley) Prepared with the Sabah Shark Protection Association for the Global Shark Protection Fund 1 Table of Contents I. SUMMARY OF RECOMMENDATIONS .................................................................... 5 II. INTRODUCTION TO SHARKS AND RAYS IN MALAYSIA, SABAH .................................... 8 A. Introduction ............................................................................................ 8 B. Overview of Sharks and Rays in Malaysia ........................................................... 8 C. Global Status of Sharks and Rays ................................................................... 11 D. Uses of Sharks and Their Value in Malaysia ....................................................... 12 III. EXISTING LAWS, POLICIES AND PROTECTION ..................................................... 15 A. International Law ..................................................................................... 15 B. Federal and Sabah State Regulations .............................................................. 15 C. Sabah State Law Pertaining to Sharks ............................................................. 17 D. International, National, and Sabah Policy ......................................................... 18 IV. FISHERIES, MARKET AND TRADE OF SHARKS IN MALAYSIA ..................................... 24 A. Shark Fisheries and Catch by Common Species ................................................... 24 B. Landings of Sharks and Rays in Malaysia 1982-2012 ............................................. 25 C. Sabah Trade and Market Assessment Sharks and Rays, 2017 ................................... 26 D. Data Collection on Sharks and Rays by Species Malaysia, 2017 ................................ 31 E. Sabah Shark and Ray Market Surveys 1996 and 2016 ............................................ 35 F. Sabah Shark and Ray Fish Market Survey TRACC 2014-2016 .................................... 35 G. Shark Landings by Gear .............................................................................. 45 V. FISHING, FINNING AND THE SHARK FIN TRADE ................................................... 49 A. Overfishing Shark Globally and Threats From the Shark Fin Trade ............................ 49 B. Domestic Shark Fin Consumption ................................................................... 51 C. Imports and Exports of Shark Fin, Malaysia ....................................................... 52 D. CITES Restrictions and the Fin Trade .............................................................. 55 E. Shark Fin Soup Consumption, Malaysia ............................................................ 55 F. Bycatch of Sharks and Rays and Fish Market Observations, Sabah ............................ 57 G. Artisanal and Small Scale Fisheries................................................................. 60 H. Illegal, Unreported and Unregulated (IUU) fishing. .............................................. 61 I. Habitat Loss and Environmental Impacts .......................................................... 64 VI. TOURISM AND MARINE MANAGEMENT SOLUTIONS ............................................... 65 VI. DISCUSSION ............................................................................................. 76 VII. RECOMMENDATIONS ................................................................................... 81 VIII. APPENDICES ........................................................................................... 89 XI. REFERENCES ........................................................................................... 105 1 i. FOREWORD On behalf of the Sabah Shark Protection Association, a collaborative group of non-profits, businesses, and registered organizations in Malaysia and in Sabah, Shark Stewards has undertaken this report to (1) consolidate existing and unpublished data to better define the quantity and breadth of the catch of chondricthyan fish (sharks, skates and rays) in Malaysia and the trade of their meat and products, and (2) to make recommendations with the goal of increasing management, protection and conservation of these important fish, especially in Sabah waters. Malaysia is a treasure trove of shark and ray diversity, with many endemic species valuable to the natural heritage and ecology, and with increasing value to the Malaysian economy that extends beyond fishing. As the population increases and more people rely on the oceans for food, managing marine food resource sustainably is increasingly urgent. In this report, we present market data on shark catch and shark fin in Malaysia, Sabah in particular. Additionally, we evaluate the current law on shark and ray catch as well as shark fin trade in Malaysia in general, and in Sabah specifically, and evaluate available market and catch data. We conclude with recommendations for increased management of catch and directed fishing of shark, skates, and rays, and the development of a comprehensive conservation strategy for elasmobranchs in Sabah. A very promising trend is the increasing government focus, NGO support and public attention to marine conservation. A hopeful trend towards marine protection and dive ecotourism can benefit sharks and rays while providing long-term economic benefits, as well as an enduring impact on ecosystem health. We gratefully recognize the Ministry of Tourism, Culture and Environment, the Department of Fisheries Sabah, the University of Malaysia Sabah, LEAP Spiral, Forever Sabah, the Sabah Shark Protection Association (SSPA), WWF-Malaysia, Scuba Junkie, Scubazoo, TRACC, and Malaysia Conservation Society for providing information and support for this document. We recognize with great appreciation the Shark Conservation Fund for the resources to produce this report. This report could not have been compiled without the support of Sabahans and residents, including Aderick Chong (Chairman of the SSPA), Cynthia Ong (LEAP Spiral and Forever Sabah), Harry Jonas (Forever Sabah and Future Law), and the volunteers and the passionate people who love sharks and the seas of Sabah. Contributors include Dr. Steve Oakley, Harry Jonas, Amber Platowski, Viktoria Kuehn, Nicole Young, Alice Zhao, Elle Cardenas (cover art), Scubazoo and SEAS. Any errors or omissions remain those of the author. David McGuire SHARK STEWARDS 2 ii. EXECUTIVE SUMMARY Centered in the heart of the Coral Triangle, Borneo is well known as a region of high biological diversity and endemism. A diverse population of sharks and rays (elasmobranches) are among many species unique to Malaysian Borneo. However, population growth, increased fishing and a growing market demand for fins and ray gill-rakers is placing severe pressure upon many of Malaysia’s elasmobranch populations. Evidence provided by dive tourism operators show a decline in large species of sharks and rays such as hammerhead sharks, whale sharks, and reef sharks. (Sharks and Rays Domestic Trade Report, 2015). Sharks and rays are in peril globally, and Malaysia is no exception. The first systematic analysis of threats for a globally distributed lineage of 1,041 chondrichthyan fishes, sharks, rays, and chimaeras was published in a report by the IUCN Shark Specialist Group (SSG) in 2014, entitled: the Global Conservation Status of Sharks and Rays. It estimated that one-quarter are threatened according to IUCN Red List criteria due to overfishing (targeted and incidental). The SSG identified Malaysia, located within the Indo-Pacific Biodiversity Triangle, as among three main global hotspots where the biodiversity of sharks and rays is most seriously threatened. The authors emphasize the need for national and international action to protect sharks and rays from overfishing. Large-bodied, shallow- water and freshwater species are at the greatest risk and five out of the seven most threatened families are rays and sawfish. Many of species in these families are limited to and even endemic to Borneo, including 4 species of sawfish, and are at grave risk. The state of sharks in Malaysia parallels the state of sharks globally, where a lack of accurate, species- specific harvest data often hampers quantitative stock assessment and sustainable stock management. Moreover, confusion in designation of shark fin in trade data makes shark fin exports and imports more difficult to define and grossly underestimates the quantity of shark fin in the Malaysian market. The findings of the Global Conservation Status of Sharks and Rays report, however, indicates a large decline in reef sharks and hammerhead sharks. This report identifies an active shark and ray fishery within Malaysia, including Sabah. As a result, many species of sharks and large rays are on the decline and are traded despite international protections for trade under CITES. Although the total declared value of world trade in shark products approaches USD 1 billion traded per year, current knowledge of this increasing globalized market remains limited. According to the Food and Agriculture Organization of the United Nations, Malaysia is currently ranked as the world’s 9th largest producer of shark products and 3rd largest importer in terms of volume (Food and Agriculture Organization of the United Nations, State of the Global Market for Shark Products report, 2015). Ranked as the third largest importer of shark fin