Review of the Grey Nurse Shark Recovery Plan

Transcription

1 Review of the Grey Nurse Shark Recovery Plan Report prepared by: The Department of the Environment, Water, Heritage and the Arts January

2 1. EXECUTIVE SUMMARY INTRODUCTION Purpose Sources of Information BIOLOGY AND ECOLOGY Current Species Status Habitat and Distribution Threats REVIEW OF ACTIONS AGAINST THE GREY NURSE SHARK RECOVERY PLAN Overarching objective Objective A: Reduce the impact of commercial fishing on grey nurse sharks Objective B: Reduce the impact of recreational fishing on grey nurse sharks Objective C: Reduce the impact of shark finning on grey nurse shark Objective D: Reduce the impact of shark control activities on grey nurse sharks Objective E: Manage the impact of ecotourism on grey nurse sharks Objective F: Reduce the impact of aquaria on grey nurse sharks Objective G: Identify and establish protected areas to protect grey nurse sharks at key locations Objective H: Develop research programs towards the conservation of the grey nurse shark Objective I: Develop population models to assess population and monitor recovery Objective J: Promote community education Objective K: Reassess the conservation status of the grey nurse shark REFERENCES

3 1. EXECUTIVE SUMMARY Progress has been made on most of the 40 actions listed in the Commonwealth s Grey Nurse Shark Recovery Plan. Of the 40 actions, 12 have been completed, 25 have been partially completed and are considered ongoing, and 3 have had little or no action recorded against them. Despite progress against the listed actions, it is still not possible to determine if the east coast population of the grey nurse shark has shown any sign of recovery. Although uncertainty remains about the size of the east coast population, it appears that the population is relatively small and continues to be impacted by sources of anthropogenic mortality. Considering the lack of evidence supporting a recovery of grey nurse shark numbers on the east coast this review provides no reason to alter the east coast population status from critically endangered under the EPBC Act. The west coast grey nurse shark population appears to be robust and relatively stable despite being taken as bycatch in commercial fisheries. Since the introduction of the 2002 Grey Nurse Shark Recovery Plan there have only been a handful of reports of incidental capture of grey nurse sharks from the commercial and recreational fishing sectors. However, monitoring evidence from New South Wales suggests that 45 cases of grey nurse shark deaths have occurred as a result of interactions with these sectors since the 2002 Grey Nurse Shark Recovery Plan was put in place. This low level of reporting by fishers, despite education programs by the Queensland and New South Wales Governments, is of concern and suggests that the total level of mortality is probably higher than currently estimated. This low level of reporting will need to be addressed in any subsequent recovery plan. The New South Wales and Queensland Shark Control programs remain a significant source of mortality for grey nurse sharks. Since 2002, 21 grey nurse sharks have been caught; 11 in NSW and 10 in Queensland. All but one of the critical habitat sites identified in the 2002 Grey Nurse Shark Recovery Plan has been given some level of protection. At a minimum, this includes some restrictions on some methods of commercial and recreational fishing methods and the types of fishing gear used. The level of protection provided to grey nurse sharks and the size of the protection zones varies and additional information on these zones is available from the relevant government agencies. The Department of Environment, Water, Heritage and the Arts (DEWHA) has recently funded a project that will develop and implement a sampling methodology to establish an updated population estimate for the east coast population of grey nurse sharks. This technique will be repeatable and will underpin future efforts to track changes in the size of the east coast population and help determine whether recovery is occurring. Evidence from this review suggests an ongoing need to maintain a recovery plan for the grey nurse shark to promote recovery of the species. However, considering that many of the actions from the original recovery plan have been completed or partially completed, there is a need to vary the current plan to accommodate new actions and identify new priorities. 3

4 2. INTRODUCTION 2.1 Purpose The Commonwealth s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a comprehensive legislative framework to protect Australia s environment. The EPBC Act provides for National Recovery Plans to be made for the purposes of the protection, conservation and management of listed threatened species. Recovery plans must set out the recovery objectives and actions required to achieve those objectives. The EPBC Act also requires that an evaluation of recovery plans will be undertaken at intervals of not longer than five years (Section 279(2)). The recovery plan for the grey nurse shark (Carcharias taurus) in Australia was finalised in 2002 and is due for review. The purpose of this review is to summarise the actions undertaken against those specified in the Grey Nurse Recovery Plan, and to assess wether: 1. there is an ongoing need for a recovery plan under the EPBC Act for the grey nurse shark; and 2. the Grey Nurse Shark Recovery Plan needs to be varied to ensure further protection for the species. 2.2 Sources of Information This paper has been prepared following a review of the published and grey literature and consultation with relevant agencies. Information on each action was provided by the relevant jurisdiction. 3. BIOLOGY AND ECOLOGY 3.1 Current Species Status The grey nurse shark (Carcharias taurus) is listed as two separate populations under the EPBC Act. The east coast population is listed as critically endangered and the west coast population is listed as vulnerable. A single recovery plan under the EPBC Act was made for both populations in June Grey nurse sharks are also protected under state legislation in New South Wales, Western Australia, Victoria, Tasmania and Queensland. The decline of grey nurse shark numbers has been recognised by the International Union for the Conservation of Nature (IUCN), which has listed grey nurse sharks as globally vulnerable. They are also protected in South Africa, Namibia and Florida (USA), although the level of protection varies between countries. 3.2 Habitat and Distribution Grey nurse sharks are often observed just above the sea bed in or near deep sandy-bottomed gutters or rocky caves in the vicinity of inshore rocky reefs and islands. The diet of the adult 4

5 grey nurse sharks consists mostly of fish, but can include squids, crabs and lobsters (Pollard et al., 2003). Grey nurse sharks have a broad continental shelf distribution, primarily in sub-tropical to cool temperate waters around the main continental landmasses. In Australia, grey nurse sharks have been reported as far north as Cairns; around most of the southern half of the continent (excluding the Great Australian Bight); and northward to Broome in Western Australia. However, despite occasional sightings in northern Queensland, the critically endangered east coast population appears to be largely restricted to southern Queensland and the New South Wales coast (Pollard et al., 2003). 3.3 Threats A range of threats to the long term survival of the grey nurse shark were identified in the Recovery Plan. These threats were: incidental capture by commercial and recreational fisheries; shark control activities; shark finning; and ecotourism. 4. REVIEW OF ACTIONS AGAINST THE GREY NURSE SHARK RECOVERY PLAN Overarching objective The overall recovery objective of the Grey Nurse Shark Recovery Plan was to increase grey nurse shark numbers in Australian waters to a level that will see the species removed from the schedules of the EPBC Act. When the 2002 Recovery Plan was made, there were no published estimates of population size for either the vulnerable west coast population or the critically endangered east coast population. However, since the release of the Plan, estimates have been made for the critically endangered east coast population. Otway and Burke (2004) estimated the total east coast population was between individuals, with upper 95% confidence levels ranging between 541 and 766 individuals. This estimate confirmed the critically endangered status of this population and, to date, there have been no additional scientific studies completed to suggest that population has recovered to any extent since the 2004 estimate was made. However, it should be noted that there has been some controversy over the Otway and Burke (2004) estimate, with some groups suggesting the population may be significantly larger. While no estimates have been produced for the west coast population, bycatch data suggests it is stable despite being caught in commercial fisheries. 5

6 4.2 Objective A: Reduce the impact of commercial fishing on grey nurse sharks Summary of threat: Historically, commercial fishers targeted grey nurse sharks in Australia, with the catch utilised for fins, meat, oil and skins (Compagno 1984). The sharks were fished by hook and line around Botany Bay as early as the 1850s, and they were the second most commonly caught shark (after whaler shark) off Port Stephens in the 1920s (Roughley 1955). Since protection, grey nurse sharks have continued to be caught as incidental bycatch in some commercial fisheries by gear that includes demersal nets, droplines, bottom setlines and other line fishing gear (Pollard et al. 1996; Otway et al., 2000). Reliable estimates on the extent of commercial fishing related mortalities for the grey nurse shark do not exist. Otway et al. (2004) suggested that both recreational and commercial fishing possibly accounted for one death per month from the east coast population. This figure was based on 12 recorded incidents of mortality between October 2001 and September 2002 (Otway and Burke 2004). More recent evidence from the Administrative Appeals Tribunal (AAT) case (2007) suggests that the commercial sector in New South Wales was responsible for 23 mortalities over a four and half year period between 2002 and 2007, of which the majority were not reported through the established channels. These mortalities were based on records held by the New South Wales Government and were obtained through a range of methods, including reports from the general public and observations made directly by fisheries officers. Estimates for the west coast population suggest that, on average, 77 sharks were taken per year by commercial gillnet fishers as bycatch through the early to mid 1990s. However, this level of take is not considered to be a threat to that population as these data indicate a stable catch rate (and by inference a stable biomass) and a larger and more widespread population than off the east coast (Pollard et al. 2003). In addition, there have been numerous reports of grey nurse sharks with fishing gear trailing from their mouths, suggesting a high rate of incidental capture from fishing activity, although it is unclear whether the gear is of commercial or recreational origin. In one study, it was estimated that approximately 10% of sharks recorded had fishing gear embedded in their jaws (Otway et al., 2003) and in another, 7 of 24 tagged sharks were hooked within one year of tagging (Otway & Burke 2004). Further, the incidence of hooking appears to be increasing over time, from approximately 2% of sighted sharks in 1993 to 12% in the 2002 (Otway & Burke 2004). It is also likely that the current estimates of hooked sharks is an underestimate as autopsy results have shown instances of internal hooking which were not visible by external inspection. Action A1: New South Wales Fisheries to modify logbooks to record incidental capture, length and sex of grey nurse sharks in the following fisheries: New South Wales Ocean Trap and Line; New South Wales Fish Trawl; New South Wales Prawn Trawl; and Charter Boat Fishery Summary: New South Wales Department of Primary Industries (DPI, formerly NSW Fisheries) has revised logbook reporting for all fisheries to include interactions with listed species. This action has been completed. 6

7 Action status: Completed New South Wales DPI has revised all commercial fishing logbooks to record interactions with any threatened species listed under the EPBC or FM Act, which includes with grey nurse shark. Action A2: Assess data available from New South Wales fisheries records and logbooks to determine current levels of grey nurse bycatch and mortality Summary: Commercial fishers in New South Wales are legally required to report all interactions with grey nurse sharks. However, since January 2002 there has been only one reported interaction. Considering evidence presented at the AAT case attributed 23 grey nurse shark deaths to the commercial fishing sector, this suggests a level of under reporting. Action status: Completed and ongoing, but actual levels of mortality remain difficult to quantify due to potential under reporting. To date, there have only been a few reported cases of mortality of grey nurse shark by the commercial fishing sector in New South Wales. However, at the AAT case (2007) evidence was presented by New South Wales DPI of 23 commercial fisher related deaths of grey nurse sharks since These mortalities were based on records held by the New South Wales Government and were obtained through a range of methods, including reports from the general public and observations made directly by fisheries officers. This suggests a level of under reporting, which is of concern, and indicates that the ultimate level of mortality may be higher than the 23 deaths detected. Action A3: Assess data available from Western Australian fisheries records and logbooks to determine current level of grey nurse bycatch and mortality in the following fisheries: West coast demersal gillnet and demersal longline; Southern demersal gillnet and demersal longline and Northern Shark Fishery. Summary: Grey nurse shark captures in the Western Australian commercial gillnet (and longline) and tropical shark fisheries have been recorded in daily logbook records since their introduction in June However, these data have not yet been comprehensively compiled or analysed. Action status: Partially completed. Grey nurse shark captures in the Western Australian commercial gillnet (and longline) and tropical shark fisheries have been recorded in daily logbook records since their introduction in June However, these data have not yet been comprehensively compiled or analysed. 7

8 Formalisation of processes for the reporting of protected species interactions in Western Australian Wildlife Trade Operations accredited fisheries is subject to the finalisation of a Memorandum of Understanding between State and Commonwealth governments. Action A4: Assess data available from Queensland fisheries records and logbooks to determine current level of grey nurse bycatch and mortality in the following fisheries: East Coast Trawl; and Queensland Line Fisheries. Summary: Queensland has a system in place for the reporting of interactions with protected species. Since 2002, there have only been 3 confirmed mortalities of grey nurse shark as result of being taken as bycatch by Queensland line fisheries. Action status: Completed and ongoing, but uncertainty over the numbers provided considering the potentially high rate of under reporting evident in New South Wales. Queensland Department of Primary Industries and Fisheries (DPI&F) have introduced protected species reporting into almost all its commercial fisheries. The Species of Conservation Interest (SOCI) logbook includes grey nurse shark, and is available via the DPI&F website at: Interest-Logbook.pdf Information collected in Species of Conservation Interest logbooks is provided to DEWHA quarterly as part of a Memorandum of Understanding between DEWHA and DPI&F. Since 2002, only three grey nurse shark mortalities have been reported as a result of being taken as bycatch in Queensland line fisheries. DPI&F runs an independent fishery observer program which helps validate logbook data, including interactions with species of conservation interest. There have been no records of interactions with grey nurse shark in the 1100 days covered by observers in the net and line fisheries since Action A5: All fishers to report take of grey nurse sharks in Commonwealth Waters to Environment Australia. Summary: Reporting of interactions with grey nurse shark in any Commonwealth Waters (including the Great Barrier Reef Marine Park) is compulsory. Reporting of interactions to the Commonwealth has historically been poor. To try and address this issue, a number of fisheries management agencies have developed MOUs with DEWHA to take advantage of the reporting systems they have in place already. Action status: Completed and ongoing. 8

9 It is compulsory for any fisher in Commonwealth waters to report any interaction with a protected species. In states with an MOU in place, such as Queensland, the report can be made directly to the state based agency responsible or directly to the Australian Fisheries Management Authority (AFMA), who then provide this information to the Commonwealth on a regular basis. However, if the state does not have an MOU in place with the Commonwealth for protected species reporting then it remains the responsibility of the fisher to report directly to the Commonwealth. Currently, neither New South Wales nor Western Australia has an MOU in place with the Commonwealth, although Western Australia is currently in negotiations to finalise one. In Queensland, which does have an MOU in place, fishers need only to report to AFMA or DPI&F using the AFMA listed marine and threatened species form (or Wildlife reporting form) and the Queensland Species of Conservation Interest (SOCI) logbook. Under this arrangement, AFMA and DPI&F provide periodic summary reports of protected species interactions by fishery to DEWHA and, if requested, details of individual interactions. Since the Grey Nurse Recovery Plan commenced in 2002 there have been two reports of grey nurse shark mortalities in Commonwealth waters. Action A6: Ensure that existing observer programs operating in relevant fisheries record interactions with grey nurse shark. Summary: Most jurisdictions now have fishery observers in a number of fisheries that record information on target catch, bycatch and protected species interactions. The level of coverage varies between jurisdictions and fisheries, but gives some indication of the interactions with grey nurse sharks. However, given the limited coverage of observers in most state fisheries and the low incidence of grey nurse interactions, caution needs to be taken when using the observer data to support conclusions on the level of incidental capture of grey nurse sharks due to interactions with the commercial fishing sector. Action status: Completed and ongoing. Commonwealth All AFMA observers are required to record interactions with all species listed under the EPBC Act, including grey nurse sharks. AFMA is currently developing a database to integrate this information. Queensland SOCI logbook data is validated through DPI&F observers. No interactions with grey nurse sharks have been recorded by any Queensland fishery observers to date. 9

10 New South Wales In 2007 DPI implemented an observer program in its Ocean Trap and Line Fishery. The program records spatial and temporal fishing catch and effort, as well as interactions with threatened and protected species, including grey nurse sharks. In 2007/08, the observer program recorded the catch and release of one grey nurse shark on setlining gear. Western Australia There is no formal observer program for the relevant Western Australian commercial fisheries (i.e. the Joint Authority Southern Demersal Gillnet and Demersal Longline Fishery, the West Coast Demersal Gillnet and Demersal Longline Fishery and the WA North Coast Shark Fishery). However, observed grey nurse shark captures have been collected in conjunction with biological data from these fisheries by WA Department of Fisheries research staff since Action A7: Improve education of commercial fishers about protected grey nurse sharks. Summary: A range of communication activities focussed on the grey nurse shark have been delivered to commercial fishers since the introduction of the Grey Nurse Shark Recovery Plan. However, to-date there has been no comprehensive assessment of the effectiveness of these activities. Action status: Completed and ongoing. Commonwealth DEWHA has developed Protected Marine Species Identification guides. The guides include information on threatened marine species listed under the EPBC Act, including the grey nurse shark. The guides also include information to assist people to identify threatened marine species and report interactions to DEWHA. The guides are available on the DEWHA website at: AFMA has a Protected Species Interactions Reporting and Communications Strategy, under which it uses a range of communication methods to ensure that fishers know of their obligations under the EPBC Act, and to promote reporting of protected species interactions in fisheries. The broad aim of the communications strategy is to increase reporting of interactions with protected species by fishing operators in Commonwealth fisheries and inform operators about bycatch and protected species more generally. AFMA has also distributed a new waterproof protected species identification guide, which includes the grey nurse shark, to commercial fishers, observers and compliance officers. Other material is also provided to fishers or industry groups as appropriate, for example on the declaration of the Cod Grounds Marine Reserve. 10

11 Queensland In Queensland, education initiatives include the distribution of 5000 information papers on protecting grey nurse sharks in 2003; several media releases in 2003/4; 10,000 flyers and 500 posters on the need to protect grey nurse shark (and comply with new closed waters requirements); television interviews on the need to protect the species in 2003; and commercial fishers south of Baffle Creek received a letter in 2003 detailing why the protection measures are necessary. A protected species education program was developed and implemented in 2005 to increase awareness of reporting requirements and also provide information on how to appropriately handle protected species. The education program was developed for recreational, charter and commercial fishers, with materials tailored to each sector. The Endangered Species Awareness Course, which all new or returning Master fishers must undertake, was updated with more relevant information. An MOU was also established with DEWHA to streamline complex reporting requirements. Education material can be found at The Environmental Protection Agency (EPA) has also distributed posters and stickers throughout Queensland detailing shark identification, the need to protect the species and the information people can report to the EPA to help with research and monitoring. DPI&F indicated that reporting of interactions has generally improved since the introduction of SOCI, an education program and observers. New South Wales In New South Wales, the DPI implemented an education campaign to notify commercial and recreational fishers about the protected status of grey nurse sharks and how to identify the species. Brochures, posters, fact sheets and stickers were distributed to all commercial fishers and put on display at fishing outlets, DPI offices, local councils and the DPI website. A waterproof grey nurse shark identification sticker was also sent to all commercial fishers and a revised version of the sticker was distributed in June 2005, with 10,000 copies printed. A threatened and protected species identification guide for fishers was sent to all commercial fishers in late Signs have been installed at every major boat ramp within the vicinity of the New South Wales critical habitat areas detailing the critical habitat areas and the regulations for fishing and diving within these sites. The publicly exhibited Environmental Impact Statement on the Ocean Trap and Line Fishery (NSW DPI 2006) also contained a Species Impact Statement for grey nurse shark, which outlined the potential impacts of each method on the shark on a site by site basis. New South Wales DPI also prepared a shark identification guide for fishers, which included threatened and protected species such as grey nurse, and is confident that commercial fishers are well informed about the status of grey nurse sharks. Western Australia The status of grey nurse shark under the WA Wildlife Conservation Act is clearly described in a range of Department of Fisheries literature, most of which is freely available on the Department s website ( The Department has also developed a waterproof field identification guide for Western Australian sharks (McAuley et al., 2002), in 11

12 which protected species are identified. This guide was provided to all commercial operators in the Western Australian demersal gillnet and longline and northern shark fisheries. Action A8: All fisheries where there is a risk of capture of grey nurse sharks in Commonwealth Waters are to prepare bycatch management arrangements that minimise take and for these to be assessed under the EPBC Act. Summary: When Commonwealth Fisheries Management plans are made or reviewed they must consider provisions to avoid mortality of, or injuries to, protected marine species. Action status: Completed The Australian Government Guidelines for the Sustainable Management of Fisheries 2 nd Edition, against which all Commonwealth managed and State export fisheries are assessed, requires compliance with relevant threat abatement plans, recovery plans, the National Policy on Fisheries Bycatch, and bycatch strategies developed under that policy. The Guidelines also require that the fishery is conducted in a manner that avoids mortality of, or injuries to, endangered, threatened or protected species. Under the EPBC Act, all interactions with protected species must be reported. All AFMA fisheries management arrangements are assessed under the EPBC Act, and are accredited as operating in an ecologically sustainable manner. This includes a thorough assessment of bycatch provisions, particularly in relation to listed species such as the grey nurse shark. AFMA, rather than the fishers, provide these management arrangements to DEWHA for assessment. In line with its Ecosystem Based Fisheries Management (EBFM) approach, AFMA considers all species of bycatch when setting and reviewing management arrangements and Bycatch Action Plans. Many of these are generic and although they benefit grey nurse shark, they are not specifically designed to reduce interactions with particular species. AFMA s Bycatch and Discards Program is in the process of assisting fisheries in developing management solutions and incentives to minimize the catch of primarily high risk species and threatened, endangered and protected (TEP) species. Across a number of fisheries, as identified through an ecological risk assessment process, a substantial proportion of species identified at high risk are sharks. In response to these outcomes, shark bycatch issues will be addressed via a single technical working group. This will provide efficiencies in terms of expertise, funding and the use of resources. It will also provide a more coordinated approach that is likely to succeed in a timely manner. The expert-based technical working group will provide a forum for the development of a range of effective strategies to manage the impacts of fishing on sharks. The overall aim of the project is to develop a shark bycatch management tool in the form of a recommendations manual. This would be a reference for all Commonwealth fisheries and potentially state fisheries agencies and set an Ecological Risk Management benchmark for the management of high risk and TEP species. 12

13 AFMA has entered into a Memorandum of Understanding (MoU) with the Bureau of Rural Sciences (BRS) to be involved with the development of the guide. BRS will work closely with AFMA and be responsible for a number of deliverables associated with the program. The key deliverables for the program are: Desktop Study/Literature Review; Information needs for the Chondrichthyan Technical Working Group Meeting; and Chondrichthyan Guide for Fisheries Managers. The Chondrichthyan Technical Working Group (CTWG) will consist of Australia s foremost scientific experts on shark biology, ecology, behaviour and management. The information that comes from the CTWG discussions will be combined with information sourced from the Commonwealth Scientific and Industrial Research Organisation (CSIRO) and the work done by BRS to form the guide. AFMA will make this guide available to all AFMA Management Advisory Committees and Resource Assessment Groups upon its completion. Outstanding Issues All of the actions in this section have been completed to some extent. However, according to official reporting from the east coast fisheries there have been only 6 commercial fishing related mortalities of grey nurse shark since the Recovery Plan was put in place. However, evidence provided at the AAT case by New South Wales suggests that actual mortalities as a result of commercial fishing are much greater than this, which suggests that there is a level of under reporting from this sector. Any new Recovery Plan will need to address this issue. A number of actions in this section refer the need to modify logbooks to record interactions with grey nurse sharks and to use this information to gain an understanding of total mortalities related to the commercial fishing sector. However, additional information could be gained from these records and, considering the relatively low rate of reporting, each record should be assessed for accuracy and to build up a better picture of interactions between grey nurse sharks and the commercial fishing sector. There needs to be a greater understanding of the level of cryptic mortality caused by incidental hooking from the recreational and commercial fishing sectors. A photographic catalogue of fishing gear used by the commercial and recreational fishing sectors (that have the potential to interact with grey nurse sharks) within state and Commonwealth waters along the Queensland and New South Wales coastline (between Yeppoon and Montague Island) should be developed. Such a catalogue would provide a useful key to classify fishing gear observed on grey nurse sharks and recorded through the photo-identification and photographic recapture studies or found during necropsies. There needs to be an assessment of the effectiveness of the education programs that have been implemented to increase the awareness of the protected status of the grey nurse shark. 13

14 4.3 Objective B: Reduce the impact of recreational fishing on grey nurse sharks Summary of threat: Recreational fishers support the need to protect threatened species and do not target grey nurse sharks. However, evidence presented at the AAT case (2007) suggested that the recreational fishing sector in New South Wales was responsible for 22 grey nurse shark deaths in a four and half year period between 2002 and This information came from official records held by New South Wales DPI and sourced from reports by the general public and from New South Wales Government officers. It should be noted, however, that some of these reports could be considered anecdotal, as the carcasses where not always recovered by departmental staff. Action B1: Encourage recreational fishers to record and report grey nurse shark catches and sightings, including location and biological data. This data should be assessed to determine historic and current level of catches and sightings. Summary: Under the EPBC Act, it is compulsory for all interactions with protected species in Commonwealth waters to be reported to the Commonwealth. However, although the legislation differs between states, reporting of incidents with protected species is not legally required in Queensland, Western Australia or New South Wales. However, New South Wales and Queensland encourage reporting and have systems in place to record the information. Since the introduction of the Grey Nurse Shark Recovery Plan there has only been one reported mortality of a grey nurse shark in New South Wales as a result of the recreational fishing sector. However, evidence from the AAT case (2007) suggested that the recreational sector in New South Wales were responsible for 22 grey nurse shark mortalities in a four and half year period between 2002 and Given the importance of understanding the current level of mortality of grey nurse sharks, the issue of reporting incidental captures by the recreational sector should be addressed in any new recovery plan. Action status: Partially completed Commonwealth Under the EPBC Act, it is compulsory for all interactions with protected species in Commonwealth waters to be reported to the Commonwealth. To encourage recreational fishers to report interactions with grey nurse sharks the Commonwealth has produced a Protected Marine Species Identification Guide and worked with the Australian Marine Conservation Society to develop a package of educational material to raise awareness amongst recreational fishers of the protected status of grey nurse sharks. The project produced posters, pamphlets, and waterproof tackle box flip cards. Australian Underwater Federation The Australian Underwater Federation has initiated a community based shark count program The Great Australian Shark Count. This is the first type of this program to be implemented in Australian waters and relies on both anecdotal sightings of sharks by participants and on organised events. A preliminary report on shark sightings in the Great Barrier Reef and the 14

15 Coral Sea has been published on their website. Since the shark count began in 2007, over 1000 sightings of grey nurse shark have been recorded at about 150 locations. However, this figure is a raw number without any control for re-counts or diver experience. The figure does provide an indication of where grey nurse sharks are found but can not be used as a population estimate. New South Wales In New South Wales, recreational fishers have been advised to record any interactions with grey nurse sharks and report them to DPI, which has set up a database and reporting form to record sightings of protected and threatened species. Fishers can provide their information by phone, online, or post. The phone number is also provided on all grey nurse shark advisory information that has been distributed. Review of available data from the DPI Fishfiles database indicated that between March 2002 and December 2006, 39 sightings of grey nurse shark were reported along the New South Wales coast between Byron Bay and Batemans Bay. The reports were made by divers, recreational spearfishers, and line fishers. There has been one reported death of a grey nurse shark as a result of the recreational fishing sector in New South Wales. Queensland A program to increase awareness of reporting requirements amongst recreational fishers in Queensland was developed by QDPI&F and is available at: DPI&F operates a recreational fishing information system (RFISH) survey program, which collects information on recreational catches from a selected group of recreational fishers and then expands this information to the state level using telephone surveys. A number of catches of grey nurse sharks have been recorded since the RFISH program commenced in However, the vast majority of these are thought to be misidentifications given the locations of the catch (e.g., Cairns). A total of 21 records were within the distribution range of grey nurse shark. All but one of these (in 1997), were released alive. However, again, some of these reports are likely to be other species of shark that have been misidentified. Western Australia There is no formal mechanism for recreational fishers to report interactions with protected species. Captures have come to the attention of Western Australian Fisheries from fishing tournaments at which research staff have been present, photos sent in for identification and via a Department of Environment and Conservation prosecutions. Action B2: Improve education of recreational fishers about protected grey nurse sharks. Summary: There have been substantial programs run by the Commonwealth, the relevant state governments and some parts of the recreational fishing sector to provide information to recreational fishers about grey nurse sharks. In addition to the organised information campaigns, a simple internet search will provide a substantial body of additional information on the grey nurse shark in Australian waters. 15

16 Action status: Completed but no indication of the effectiveness of the campaigns. Commonwealth The Commonwealth has undertaken a number of initiatives to increase knowledge in the recreational fishing sector about grey nurse sharks. These include the publication of protected species guides by AFMA and DEWHA and a project to provide information on the grey nurse shark in Queensland and New South Wales waters. New South Wales In New South Wales, DPI implemented an extensive education campaign to notify recreational fishers about the protected status of grey nurse sharks and how to identify the species. Brochures, posters, fact sheets and stickers were distributed to recreational fishers in New South Wales and put on display at fishing outlets, DPI offices, local councils and the DPI website. The Saltwater Fishing Guide published by DPI for recreational fishers includes information on the grey nurse shark, including identification, critical habitat areas and rules for diving/fishing in the critical habitat areas. Signs have been installed at every major boat ramp within the vicinity of the New South Wales critical habitat areas and creel surveys of fishers have been done at those ramps detailing the critical habitat areas, shark identification techniques and the regulations for fishing and diving within these sites. Queensland In Queensland, various initiatives aimed at improving fisher awareness have been developed and implemented, e.g., the SOCI logbook; identification guides and websites; and a program to increase awareness of reporting requirements amongst recreational fishers, which is available at: Western Australia The status of grey nurse shark under Western Australian Wildlife Conservation Act 1950 is clearly described in a range of Department of Fisheries literature, most of which is freely available on the Department s website ( The field identification guide for Western Australian sharks (McAuley et al., 2002), in which protected species are identified, is freely available for recreational fishers to download. Outstanding issues Since the introduction of the Recovery Plan there has only been one reported death of a grey nurse shark in New South Wales as result of the recreational fishing sector. Given that there are at least 22 records of grey nurse shark deaths in New South Wales that can be attributed to the recreational fishing sector, this suggests that the voluntary reporting mechanisms are not working effectively. This issue should be addressed in any new recovery plan. 16

17 Site usage by recreational fishers at known aggregation sites (that do not completely prohibit line fishing) is needed. There needs to be an assessment of the effectiveness of the education programs that have been implemented to increase the awareness of the protected status of the grey nurse shark. 4.4 Objective C: Reduce the impact of shark finning on grey nurse shark Summary of threat: The practice of shark finning, where the fins are removed and the carcass discarded, poses a potential threat to the grey nurse shark in Australian waters (Environment Australia 2002). However, as it is illegal to catch and kill a grey nurse shark in Australian waters finning of the species can not legally occur. Although there is evidence that this practice has occurred in the recent past, it is unlikely to be a significant problem for the grey nurse as the practice of finning is also banned in all Australian fisheries. In addition, as grey nurse typically occur in southern Australia and at sites relatively close to the coast, it is unlikely that the species would be under significant pressure from illegal foreign fishing vessels. Action C1: Prevent unregulated shark finning Summary: The taking of grey nurse sharks without a permit is prohibited in all Commonwealth and state waters and the practice of finning and discarding shark carcasses at sea is also prohibited in all Australian fisheries. Although no survey has been undertaken to determine the extent of illegal finning of grey nurse sharks in Australian waters there is no evidence to suggest that this is a significant issue which threatens the Australian population. Action status: Completed The taking of grey nurse sharks without a permit is prohibited in all Commonwealth and state waters and the practice of finning and discarding shark carcasses at sea is also prohibited in all Australian fisheries. In addition, some forms of fishing are prohibited at most key aggregation areas and enforcement activities are carried out, which would further deter illegal fishing and finning of grey nurse shark. Work is also currently in progress to develop morphological methods to identify a shark s species and total length from their fins. The fin size, shape, colour and denticles are used to classify and identify from what shark species a fin belongs. It is likely that grey nurse shark fins will be identifiable from these methods in the near future. Developments in genetic and morphological techniques to identify a shark species from their fins should provide a useful technique in the future to ascertain if grey nurse sharks are being illegally caught for their fins and to what extent. Outstanding issues: The extent of the illegal take of grey nurse shark fins is unknown, although it is most likely very low. 17

18 Genetic techniques have been developed to identify white shark products being traded (Briscoe et al, 2006), which could potentially be modified to work with grey nurse shark tissue. Genetic tests could then be applied strategically in a program that routinely and randomly tests shark products. Such a program will identify the level of any illegal trade within Australia and provide a deterrent effect to trade. 4.5 Objective D: Reduce the impact of shark control activities on grey nurse sharks Summary of threat: Historically, the New South Wales and Queensland Shark Control Programs have been a significant source of mortality for grey nurse sharks. In recent years, the take of grey nurse sharks from these programs has been reduced, due primarily to a reduction in the overall grey nurse shark population, but it still occurs. Data from the New South Wales program shows that nine grey nurse sharks were caught and killed through the program between July 2002 and July 2008, and a further two were released alive following entanglement. In Queensland, 9 sharks were killed through the program between 2002 and June 2008 and one was released alive. Action D1: Continue to quantify levels of grey nurse take during shark control activities in New South Wales and Queensland. Summary: Data from the New South Wales DPI shows that 11 grey nurse sharks were caught through the program between July 2002 and July 2008, of which two were released alive. Data from Queensland DPI&F shows that 10 were caught between 2002 and 2008, of which one was released alive. Action status: Completed and ongoing New South Wales In New South Wales, all interactions with threatened shark species are recorded as part of the New South Wales Shark Meshing (Bather Protection) Program (SMP). Any threatened species (including grey nurse sharks) are released alive if possible, and if they are dead then they are retained for scientific purposes. At the time of drafting this review, NSW DPI was preparing a management plan for the SMP, which amongst other things would be aiming to mitigate the impact of the SMP on grey nurse sharks. Data from the New South Wales DPI shows that 11 grey nurse sharks were caught through the program between July 2002 and July 2008, of which two were released alive. Queensland DPI&F collects information on the number of grey nurse shark taken in the shark control program. The level of take is low (10 between 2002 and 2008, of which one was released alive). All capture mortalities occurred on Queensland s Sunshine Coast, with 6 of those at Rainbow Beach, including the one that was released alive. Two mature female grey nurse sharks carcasses retrieved from the nets at Rainbow Beach were provided to the EPA by the local shark contractor for necropsy by University of Queensland (UQ) scientists. Based on the 18

19 two necropsies it is likely that one of the sharks was pregnant and aborted as a result of capture and the second was likely to mate within the next three months, during the October- December mating season for grey nurse (Bansemer and Bennett 2008). DPI&F is investigating further mitigation measures in relation to Rainbow Beach. See for full details of shark captures in the Queensland shark control program. Action D2: Develop and trial non-lethal shark control alternatives to beach meshing and drumlines with a view to phasing out shark meshing programs in areas where grey nurse sharks are at risk. Summary: Alternate shark control methods have been trialled and changes have been made to the beach protection programs to reduce bycatch of non-target species. However, the programs still rely on lethal shark control methods as alternate technologies, such as bubble curtains and electrical fields, are not yet proven to be as effective as mesh nets and drumlines at reducing the risk of shark attack. Action status: Not completed Actions by jurisdiction: Queensland Queensland s DPI&F continues to investigate alternatives to beach meshing and drumlines as part of an ongoing research program to minimise the levels of bycatch and gain a greater understanding of shark behaviour in inshore areas. Some of the research projects undertaken to minimise bycatch include: Collaborative association with developers of electromagnetic shark barriers, which is still considered to be in early experimental stages for protection of large areas; Acoustic deterrent devices installed on mesh nets to reduce entanglement of marine mammals; Plastic hook guards to reduce bycatch with drumlines; Installation of temperature data loggers on Gold Coast shark nets to correlate shark and bycatch activity, and assess seasonal activity of shark and bycatch species; and Alternative baits, drum line rigs and net modifications. 19

20 New South Wales As with the Queensland program, the primary purpose of the NSW SMP is to deter dangerous sharks from establishing territories within the area of operation (Wollongong to Newcastle) so as to effectively reduce the threat of shark attack whilst minimising impacts on non-target species. The New South Wales State Government is committed to minimising impacts on other marine life incurred by its SMP. Such measures currently include: Acoustic devices known as pingers and whale alarms have been fitted to all nets to deter dolphins and whales, respectively.; Nets are set on the sea bed, in about 10 metres of water, which reduces potential impacts on seabirds, turtles, and further reduces dolphin entanglements; Nets are not in place during the main whale migration season of May to August; and The nets are checked regularly by specialist contractors. Action D3: Ensure that grey nurse sharks caught in shark control activities are tagged before release. Summary: New South Wales have participated in small scale, largely ad hoc tagging of grey nurse sharks as part of their shark control activities. However, concerns over the risk to the sharks and the safety of contractors have led to these programs being stopped. Whilst there are currently no tagging programs of grey nurse sharks occurring in New South Wales, New South Wales DPI is currently considering recommencing its tagging program of threatened sharks caught in the nets, initially tagging great white sharks and consulting more widely on the efficacy of tagging grey nurse sharks. There is no tagging of grey nurse sharks in Queensland. Action status: Partially completed Queensland Grey nurse sharks (and other non-dangerous sharks) shark are released alive whenever possible in the shark control program. Tagging of grey nurse shark does not occur in the shark control program, as researchers have indicated that the risk of tagging mortality is extremely high, particularly when shark contractors are not professionally trained in tagging procedures. Where grey nurse shark are found dead, shark contractors can bring the animals back for necropsy by EPA/UQ where the animal is in a suitable condition and sea conditions are satisfactory to retrieve the animal. However, retrieval of carcasses is only undertaken on request by scientists and there is no formal necropsy program in place. 20