"There is abundant evidence that there has been a steep decline in numbers of spectacled flying fox populations over the past 30 years. Much of this decline stems from a traditional hatred of flying foxes, particularly by fruit farmers who often go to great lengths to persecute these animals. Spectacled flying foxes are largely restricted to the Wet Tropics of Queensland, north of Cardwell/Mission Beach. In the Cairns district alone at least 6 major flying fox camps have been obliterated by burning, gassing and explosives over the past 30 years. Flying fox camps near Ingham and Innisfail have been similarly treated. Despite their listing as protected fauna, shooting, electrocution and lately poisoning are being used by farmers to control animals raiding exotic fruit orchards (lychees, rambutans and even bananas). Queensland farmers are able to obtain a Damage Mitigation Permit from Queensland National Parks. They rarely if ever abide by the conditions, and they are never prosecuted for breaching them."

Dr. Hugh Spencer, Director of Research
Cape Tribulation Tropical Research Station
Australian Tropical Research Foundation
http://www.austrop.org.au (Please visit this site for more information on what you can do to help, how you can make a tax-deductible contribution, and about more humane methods being developed to deter flying foxes.)

On December 13, 2000, an Australian Federal Court judge in Brisbane, Queensland, decided not to grant an interim injunction to stop a lychee farmer from electrocuting 300 - 500 spectacled flying foxes per night. According to the judge, the financial losses likely to be suffered by the farmer and the scientific contention about the reliability and meaning of the counts of spectacled flying foxes, outweighed the need to protect spectacled flying foxes from 12 - 14 more days of electrocution on the farmer's property.

Below is a summary of the court decision and ongoing legal action. If you would like specific information, you can access the judgment at:

http://www.austlii.edu.au/au/cases/cth/federal_ct/2000/1878.html

In November 2000, an anonymous caller told the North Queensland Conservation Council (NQCC) he had witnessed the deaths of thousands of spectacled flying foxes in 1999 on a lychee farm north of Cardwell, and the NQCC decided to investigate. The farm is very large, covering 60 hectares. It has 6.4 km of electric grids with an array of 20 wires, that are turned on at sunset and off at daylight. According to information provided to the court, this farm has been operating electric grids (called Fyre Foxes) since 1986. For 4 nights over a period of 2 weeks, NQCC monitored the deaths of spectacled flying foxes on this farm, witnessing 300 to 500 being killed each night. This is an underestimate of deaths, because bodies that had fallen to the ground (probably another 10%) were not counted, nor the injured or orphaned, left to suffer. Over the monitoring period, this farm was responsible for the deaths of at least 4000 to 6000 spectacled flying foxes. The farmer provided information to the court that he would use the grids for about 8 weeks in 2000. This one farm is clearly causing the deaths of extremely large numbers of spectacled flying foxes. Observations made it unpleasantly clear that electrocution is an extremely cruel form of killing.
[Bat Crew note: Taking a wild guess, on the conservative side, from the year 1986 to present, we are "guessing" that 200,000 bats have been killed on this one farm.]

Spectacled flying foxes are important pollinators of black bean trees, one of Australia's most important timber resources.   This is a photo of "fried" flying foxes caught on electric wires strung above the lychee (lichee) trees. One thing that can be done easily and immediately is a boycott of lichee fruits and/or any food containing lichee fruit.   If you would like to protest, please e-mail - The Honorable Rod Welford Queensland Minister for Environment and Heritage at: environment&natural@ministerial.qld.gov.au

NQCC reported the slaughter to the Queensland Parks and Wildlife Service (QPWS) which has legislative responsibility to protect native wildlife. NQCC discovered that the farmer did not have a permit to 'take' flying foxes. Instead of charging the farmer with breaches of the Nature Conservation Act 1992, QPWS issued a permit to 'take' 500 more spectacled flying foxes in a 2-month period ending January 2001. NQCC subsequent counts proved that the farmer was 'taking' more than 500 in only 2 nights. QPWS was informed, and again failed to take action. With the state government unwilling to enforce legislation, Carol Booth decided to exercise her rights under new Australian Federal environment legislation, to seek an immediate injunction to stop the farmer from further killing. In the first community legal action under the Environment Protection and Biodiversity Conservation Act 1999, Dr. Carol J. Booth, applied for an interim injunction on the basis that the farmer's actions were likely to have significant impact on the world heritage values of the Wet Tropics World Heritage Area.

Justice Spender heard the application for the interim injunction in the Federal Court on Wednesday, December 13, 2000 in a one-day hearing limited to testimony by affidavit. Flying fox researchers Les Hall and Greg Richards provided expert witness affidavits for the plaintiff, regarding the seriousness of the decline in numbers of the spectacled flying fox, warranting listing as endangered or critically endangered. They provided information on the role of the spectacled flying fox in the wet tropics as a seed dispersal agent, and the likely impacts of the culling observed on the flying fox and it's ecological role. World heritage expert Peter Valentine provided an affidavit linking this impact of the spectacled flying fox and the rainforest to impacts on the world heritage values of the wet tropics.

After the hearing started, Dr. Booth was provided with affidavits from experts speaking for the respondent - Chris Tiddeman and Francis Dominic Fanning. Because of the urgent nature of the hearing, Dr. Booth was not able to have expert witnesses respond to those assertions. While there was no contention from the respondent about the numbers of flying foxes observed killed on his property, the expert witness evidence of Tiddeman and Fanning was enough to make the judge doubt that spectacled flying foxes were in trouble and that the number being killed on the respondent's farm would have a significant impact. In what the judge said was a 'finely balanced decision', he refused application for an interim injunction on the basis that it had not been proved there would be a significant impact on world heritage values if the farmer was allowed to electrocute spectacled flying foxes for the 14 remaining days of the season.

The lovely juvenile spectacled flying fox pictured here, was taken, as an infant, off his dead mother's body. She had been killed on the wires and fallen to the ground. Stephen, clinging to his mother's body, as infant flying foxes do, survived the ordeal and is doing well considering his traumatic beginning. Stephen was one of the lucky ones who was rescued. These amazing, beautiful, and extremely intelligent, creatures need our help NOW, not when they are already endangered or extinct. NOW, before it is too late.

While Dr. Booth failed in the short-term to stop the electrocution she is encouraged by the judge's remarks that he considers it a serious matter, and his acknowledgment of the extensive killing. In the main trial to come, Dr. Booth will have the opportunity to have expert witnesses testify in person and be cross-examined, as well as properly answer the arguments of those who testify in opposition. This trial is likely to be held midyear 2001. She also intends to file an application under state legislation, the Environmental Protection Act 1994, alleging that the farmer has caused serious environmental harm. The primary aim in these cases is to ensure that all farmers in the future will only be allowed to use non-lethal methods to protect fruit crops from flying foxes. On that front, there has been some encouraging rhetoric from the state government with their commitment to review the guidelines for issuing damage mitigation permits and requiring non-lethal forms of protection.

Dr. Booth hopes for a response from Environment Australia stating that they will require such actions to be referred to them for assessment and approval.

If you are interested in more details, or if you are able to provide financial aid for legal action or other aspects of the campaign to stop the electrocution of spectacled flying foxes, please contact Carol Booth.
E-mail: carol.booth@ultra.net.au