
© Chelsea Gray
SPECIES | Legal Status
Ireland
As of 2022, Basking sharks were added to the list of protected species under Section 23 of the Wildlife Act of 1976. This means that basking sharks enjoy legal protection in Irish waters from hunting (unless under permission or license), injury and willful destruction of their breeding and resting places. This makes basking sharks the first fish to ever receive legal protections in Ireland.
UK and EU
Due to the extent of its range, basking sharks frequently move through jurisdiction of multiple nations and are thus subject to varied management efforts. A Wildlife Trust - sponsored action plan has prompted a review of its status in the Northern Ireland Wildlife Order 1985. However, basking sharks are protected from capture and disturbance in British waters (up to 12 miles offshore) under the Wildlife and Countryside Act (1981). They are also protected within the territorial waters of the Isle of Man and Guernsey. More broadly, target fishing is prohibited in EU waters and Internationally by EU registered vessels (EC No41/2007 of the 21/12/2006 and equivalent Norwegian regulations). In the Mediterranean, this species is protected under the Bern Convention (with EU reservation) and Barcelona Convention (non-ratified).
Globally
At a global scale, basking sharks are listed as vulnerable on the IUCN’s Red List in 2007; in 2019, they were reclassified as endangered. In 2002 the basking shark was successfully proposed as an addition to Appendix II of CITES by the UK and Australian governments. They are also covered under CMS Appendix I and II and Annex I of the United Nations Convention on the Law of the Sea (UNCLOS).
Current Threats
Though now protected internationally, basking sharks still face a variety of anthropogenic threats, including boat strikes, harassment by recreational boat users and habitat alteration due to the development of renewable energy infrastructure (Kelly et al., 2004). As filter-feeders, basking sharks are also vulnerable to the toxicological effects of microplastic consumption (Fossi et al., 2013). There also remains concern that the population has not recovered significantly from persistent fishing pressure in the twentieth century, although this remains difficult to resolve (Sims et al., 2005). Recent estimates suggest that the effective global population size of basking sharks is less than 10,000 individuals (Hoelzel et al., 2006). However, because most population censuses are based on a combination of genetic data and surface sightings, variation in movement and diving patterns likely affect this estimate. Any behavioral plasticity in both migration and hotspot use could also render current area-based protection measures (i.e. marine protected areas) less effective than previously considered (Doherty et al., 2017).
Future Conservation
While basking sharks are protected in Ireland, further conservation efforts are required to protect them from anthropogenic threats. This includes the development of a legally enforceable Code of Conduct and the preservation of key habitats.
Researchers have documented that ship strikes of basking sharks have occurred in Páirc Náisiúnta na Mara (Ciarraí), raising awareness for the importance of regulations, such as boat speed limits for important basking shark habitats (Chapple et al., 2024).
Expanding Ireland’s marine protected area network provides another opportunity to reduce the likelihood of negative human-wildlife interactions.
The IBSG supports the use of the implementation of the Precautionary Principle when it comes to conservation policy, especially in light of the unclear, but potentially significant, impacts of climate change on basking shark food source and migration.