NSW MARINE PARKS AUDIT – GREY NURSE SHARK CONSERVATION
Document prepared 22 September 2011
DPI officers: Peter Gallagher and Nick Otway
Introduction
Grey nurse shark (GNS) are listed as critically endangered under the NSW Fisheries
Management Act 1994 (FM Act) and Commonwealth Environment Protection and
Biodiversity Conservation Act 1999, and endangered under the Queensland Nature
Conservation Act 1992. The NSW Government is reviewing management
arrangements for GNS in NSW. As part of the review the Government has requested
the Independent Scientific Audit Panel provide specific advice on the effectiveness of
current management arrangements for GNS conservation in meeting domestic and
international commitments to conserving marine biodiversity, both within and outside
of the marine protected areas network.
This background paper provides an overview of current conservation commitments,
management arrangements and science. A detailed review of these issues is outside
the scope of this background paper, however a bibliography is provided.
Biodiversity Conservation
The FM Act establishes a legal obligation to conserve threatened species; promote
ecologically sustainable development; prevent extinction; protect critical habitat;
eliminate or manage threatening processes; ensure the impact of actions affecting
threatened species are properly assessed; and to encourage the conservation of
threatened species by adopting measures involving cooperative management.
Ecologically sustainable development requires effective integration of environmental
and economic considerations in decision making to be achieved through
implementing the precautionary principle, inter-generational equity, conservation of
biological diversity, and improved valuation, pricing and incentive mechanisms.
In addition to commitments under the FM Act, NSW has a range of other legislative
and policy commitments to the conservation of biological biodiversity including:
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Marine Parks Act 1997,
Threatened Species Conservation Act 1995,
State-wide standards and targets established under the Natural Resources
Commission Act 2003,
Intergovernmental Agreement on the Environment,
National Strategy for the Conservation of Australia’s Biological Diversity,
NSW Biodiversity Strategy,
National Plan of Action for the Conservation and Management of Sharks.
Management Responses
NSW management responses to prevent extinction and promote the recovery of
GNS have primarily focussed on mitigating the impact of hook and line fishing, the
NSW Beach Meshing (Bather Protection) Program (both listed key threatening
process under the FM Act) and other potentially threatening processes such as
SCUBA diving.
GNS display site fidelity and aggregate in groups; generally in sand filled gutters,
overhangs or caves in areas of topographically complex rocky reef. GNS also
migrate between aggregation sites. Consequently, identifying and reducing the
impact of threatening processes at GNS aggregation sites has been a particular
focus of recovery efforts. Interaction with hook and line fishing gear is currently the
largest known source of human induced mortality of GNS and interactions may occur
at, or away from, aggregation sites.
Critical Habitat
Critical habitat was declared at 10 aggregation sites along the NSW coast in 2002
accompanied by fishing and diving regulations. Critical habitat extends 200 m from a
relevant natural feature and includes all biotic and abiotic components of the habitat.
Damaging critical habitat is an offence under the FM Act, however damage
associated with routine fishing activities is a defence to prosecution. As such,
declaration of critical habitat does not automatically protect biotic or abiotic habitat
components from routine fishing activities. Fishing with bait and/or wire trace from
anchored or moored vessels is prohibited in critical habitat, but permitted from
drifting vessels. Some of these fishing methods are now considered to be a high risk
of interacting with GNS. Some major aggregation sites such as Mermaid Reef have
not been declared as critical habitat and remain unprotected from most forms of
commercial and recreational hook and line fishing, while some other sites such as
Bass Point have previously been recommended for delisting.
Diving in critical habitat is regulated with restrictions on night diving; blocking
entrances to caves or gutters; feeding, touching chasing or harassing sharks; and a
ban on underwater scooters and shark repelling devices. Research conducted to
date has found limited impacts on GNS from SCUBA diving. GNS appear to exhibit
short term behavioural changes if approached closely or by large numbers of
SCUBA divers, however the largest study to date on whole of site movements has
found no evidence of site abandonment. SCUBA diving practices are not an
identified source of anthropogenic mortality.
NSW Marine Parks
Since being declared, 6 of the 10 GNS critical habitat sites have been incorporated
into the NSW Marine Protected Areas network (5 in sanctuary zones and 1 within a
seasonal restricted habitat protection zone). These sites are afforded much higher
levels of protection than the 4 remaining critical habitat sites. The spatial extent of
the sanctuary zones varies between sites, however at a minimum sanctuary zones
extend in excess of 500 m and up to 5000 m from the critical habitat core. In addition
management prescriptions exist at sites such as North and South Solitary Island
(wire trace prohibited within 500m other than for trolling), Edith Breaker and
Sawtooth Rocks (no fishing with bait) that will afford protection for GNS, and other
sites where GNS are known to periodically visit occur in various sanctuary zones e.g.
Brush Island, Broulee Island, Jimmies Island in Batemans Marine Park.
Fisheries Management
The impact of commercial fisheries and in particular the NSW Ocean Trap and Line
Fishery (OTLF) on GNS has been assessed through environmental impact
statements and a species impact statement. Mitigating prescriptions have been
implemented within the OTLF including:
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mandatory use of circle hooks for all unattended line fishing methods,
prohibiting wire traces on bottom setlines used in waters within 3 nautical
miles of the coast,
investigating the effectiveness of circle hooks for all attended line fishing
methods, and
introduction of spatial and temporal closures in GNS critical habitat areas and
key aggregation sites.
The adequacy of some of these measures has been contested in the Administrative
Appeals Tribunal (AAT). A separate backgrounder is provided specifically on the
AAT decision, and the final decision is also provided.
The AAT confirmed the validity of Commonwealth conditions of export approval
which required the implementation of closures to medium and high risk OTLF
methods (which were existing commitments in the OTLF management strategy).
This resulted in the implementation of restrictions on the use of jigging and hook and
line fishing with bait at GNS critical habitats and some other aggregation sites to
varying distances of 500 – 1000 m with restrictions on burleying for a further 500 m.
The provisions were based on NSW DPI scientific recommendations.
Recreational fishing in tidal waters of NSW is a common law right; does not require
specific legal authority; is not a designated fishing activity and is not managed under
a formal management strategy. Consequently the impact of recreational fishing on
GNS has not been subject to formal environmental impact assessment or species
impacts statement. Mitigating measures like those implemented in the OTLF
following the AAT case have not been applied to the recreational sector in NSW.
External Jurisdictions
A diverse range of management arrangements for GNS protection at aggregation
sites exist in other jurisdictions including:
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GNS protection areas in Queensland (1200 m), and
Commonwealth Marine Reserves at key GNS aggregation sites in
Commonwealth Waters (Pimpernel Rock 500 m & Cod Grounds 1000 m).
Scientific Research
There has been extensive scientific research undertaken on GNS over the last
decade including aspects of biology, ecology, reproduction, extinction modelling,
population viability analysis, critical habitat site identification, population size and
structure, localised site movements, migratory movements, impact of SCUBA diving
and fishing, and genetics.
Several recommendations for GNS management have been made by scientists with
relevant expertise over the last decade including Stevens (2003), Bruce et al. (2005),
and Otway cited in the AAT (2007).
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