Paddle boarders risk $30,000 fine to free humpback whale caught in net

A group of paddle boarders face hefty fines after taking matters into their own hands to help free a humpback whale that was caught in a shark net.

Will Wensley and Brenton Owens initially had plans to go for a sunrise swim and yoga session before they leapt into action after spotting the distressed animal on July 1 in the early morning at Marcoola Beach.

Owens said they reported their sighting to authorities but when no-one had arrived almost an hour later they took action, fearing the whale was 'drowning'.

Will Wensley and Brenton Owens initially had plans to go for a sunrise swim and yoga session before they leapt into action after spotting the distressed animal on July 1 in the early morning. (Getty Stock Image)

Despite there well meaning actions, marine authorities have said actions were against the law and risked injury from a distressed and unpredictable whale.

Wensley and Owens along with friends Luke Bird and Jaz Sol paddle boarded out and cut the net with a knife.

The group face fines of more than $30,000 after a successful rescue attempt to save a whale that seemed to be struggling while on the Sunshine Coast, southern Queensland, Australia.

Owens said the whale was 'wrapped entirely in two layers of net'.

"It was on the surface, but it was not moving. Shortly after we got out there, it took a deep breath, and released a lot of air.

"And then it slowly actually sunk under the water and [bubbles appeared], and we all turned to each other and said, 'Oh my God … is that its last breath?'"

Owens continued to explain that he at least wanted to cut the net that was rubbing up against the whales eyes, if nothing else.

After their intervention, the whale swam away.

Despite there well meaning actions, marine authorities have said actions were against the law and risked injury from a distressed and unpredictable whale.(Getty Stock Image)

A Marine Animal Release Team was en route to release the whale when it was advised members of the public had already done so.

Naomi Gardiner, a senior lecturer in marine biology and aquaculture at the James Cook University explained the dangers of intervening.

"Humpback whales are enormous animals, exceptionally heavy, and in distress they will act quite erratically," she said.

"Particularly in this kind of entanglement situation, they could quite easily just by movement of their body knock a person out, causing death or substantive injury to the well-intended rescuer."

Regarding the actual fines and penalties, under Queensland legislation, a person can be fined $19,356 for entering waters within 100m of a whale. However, this fine may not be applicable if the individual has a ‘reasonable excuse’.

It is also illegal to come within 20m of shark nets used in the state government's shark control program.

The maximum penalty is a $32,260 fine, and there is no 'reasonable excuse' exemption.

The Department of Agriculture and Fisheries DAF spokesperson said the department would ‘consider whether an investigation is required into possible offences under the Fisheries Act 1994, namely the 20-metre exclusion zone that applies to shark control equipment’.

They also warned against the public approaching whales or attempting to release them trapped in netting for their own safety.