The Basking Shark was added as an animal to which Section 23 of the Wildlife Act 1976 applies under Statutory Instrument No. 485/2022, making it a “protected wild animal”. This makes it an offence to hunt, injure (unless under licence) or wilfully interfere with the breeding or resting place of this species. Tour operators or individuals who seek to photograph or research this species must apply for consent under Section 23. When issued, such licences include conditions whereby disturbance to this species is minimised, and encounters or reports must be logged.
The National Parks and Wildlife Service (NPWS) of my Department is committed to developing a code of conduct to guide wildlife tourism operators in their interactions with marine mammals, seabirds and their nesting areas, and other protected marine species such as the Basking Shark, with a view to publication in 2024.