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« Reply #120 on: April 02, 2007, 05:08:40 PM »

Media Release
Anglers Action Group
(Sydney Northside) Inc

PO Box 630 Narrabeen NSW 2101
aag@spunge.org

Media Release: 2nd April 2007
For Immediate Release: Grey nurse shark numbers: falsus in uno, falsus in omnibus

The listing of the grey nurse shark along the east coast of Australia as endangered is based on population studies by DPI Fisheries who undertook a "Petersen Mark/Recapture" survey in June 2003 which estimated the population at less than 500 animals. Additionally, Hansard has DPI Minister Ian Macdonald saying he was advised the grey nurse shark population is in decline.

Many spearfishers and some recreational fishers have claimed for some time that the grey nurse shark numbers are far greater than the 500 claimed by DPI scientists, and the population is increasing. This claim was presented to the public by a recent Channel 9 Sunday report "The Great Shark Hunt". Mentioned in the report was a disputed second survey conducted in August 2003, which DPI scientists claim was incomplete and the data invalid as the minimum resighting requirements for the population modeling were not met.

Minister Macdonald stated in Parliament in November 2006 that he only became aware of this second survey when (now former) MP Jon Jenkins raised the issue in the House. The NSW Spearfishing and Freediving Association Pty Ltd had correspondence with DPI Deputy Director (General Science and Technology) in March 2006 in which the freedivers mentioned the August survey and the fact it is not mentioned in subsequent Fisheries reports. AAG has also mentioned and discussed this second survey in our newsletter of July 2004 following the grey nurse shark stakeholders workshop held by Fisheries at Cronulla.

AAG President Phil Ingram said: "How can the data be invalid when one third of the estimated population was sighted, could it be because none had tags? What is the probability of this happening when the expected tagged sightings was 8 ? being one-third of 24? This data suggests a population far greater than the stated 500 or a second population is present and not tagged. But DPI scientists reject the validity of the data from this survey."

The Sunday program raises some serious allegations concerning possible cover-ups and misrepresentation of scientific data. With more than reputations at stake some explanations are required. Just how valid is this data from the second survey and exactly why was it not mentioned in Fisheries reports? How applicable is the Petersen technique in this situation? Why wasn?t the Minister informed of the second survey and was the Fisheries Scientific Committee aware of it?

Phil goes on: "Other issues have been raised besides the protection of the grey nurse shark by this second survey. There is a motto in law with respect to witnesses, falsus in uno, falsus in omnibus - false in one thing, false in all. In other words one falsehood is enough to discredit any witness, and we wonder if this is applicable to DPI Fisheries and the whole grey nurse shark process. "
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« Reply #121 on: April 02, 2007, 08:35:32 PM »

 THANKS AGAIN PHIL; If there aren't half a dozen letters to the editor in Phil's media release, your'e not really looking. Go for it. Keep the issue in front of the public. This is a community issue. The whole GNS Recovery Program is being funded by you, the taxpayer. Already the science is looking shonky and the data rubbbery. As taxpayers you are entitled and  obliged to ask questions. Even use Phil's words if you can't think of any of your own . Phil's such a good bloke and he won't mind. The aim is to have the whole GNS saga revisited by the Department and the scientists. Put it up there in the public domain. Make the media scrutinize the whole sorry and suspect saga.
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« Reply #122 on: April 03, 2007, 01:04:12 PM »

The following was sent to print outlets along the coast of NSW
----------------------------------------------------------------------------------------
Channel 9?s Sunday program?s (March 26) expos? on the science (or lack of it) on Grey Nurse Sharks (GNS) demonstrates the processes involved in fisheries and Marine Parks in NSW.

What I saw in that program was that where a FACT doesn?t fit the theory then chuck the offending FACT out. Back in the 1950?s when I started my education I was taught that the scientific method was to find Facts, form a starting theory, test by way of finding new Facts and MODIFY the theory; not chuck out those Facts that don?t fit!!!

Fisheries said they expected to find 7 tagged GNS in 160 odd surveyed (if their theory of 400 to 500 GNS was accurate) and when they found NONE therefore it doesn't count?Huh?? So if they saw one would it have counted?Huh?  WHAT figure were they told to get?Huh? Probably something more than 7 would satisfy their political masters!!!

Certainly not what the Green?s and Nature Conservation Council (etal) or the Iemma party would have liked being released BEFORE the recent state election, (How many advertising dollars could have been put at risk???).

This expos? is backed up by the personal experience of spear/freediver members of our committee who, like those on the expos?, don?t want their spots to be either overexploited as has happened in the ?widely known? habitat areas or their reasonable legal activities prohibited.

In common with the above while Marine Parks were being discussed, the MP scientists/officers were saying, ?tell us where your fishing spots are and we will protect them for you? to continue fishing. Surprise! That?s where no-take sanctuary zones were placed.

Fishers have learnt from all that. The lesson is taken to heart, DON?T TRUST officialdom, extremists masquerading as greens or the just returned NSW Iemma party Government.

Ken
Secretary, Central Coast Recreation Conservation & ECOfishers Inc.

Ps I know how to cut Government costs Mr Iemma, don't bother to fund science research just make it UP!!!!!!

Pps I can think of no other reason for a Scientist to act in the way described in the program other than he was in the Galileo position (being tried for heresy when he said the earth revolves around the sun).
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It has already been deleted unread by the Northern Star

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« Reply #123 on: April 03, 2007, 08:40:09 PM »

WRITTEN your letter to the Editor, about the Grey Nurse Shark fiasco yet? If not simply copy a paragraph from Phil's media release and use that. What we want is a thorough scientific and independent review of the whole program. We are paying for it and we are not happy with the way it is being administered or managed. The data to date raises more questions than it answers and seriously questions the status and estimates of the Grey Nurse Shark numbers, in the East Coast population.  Just do it. And help the shark!
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« Reply #124 on: April 04, 2007, 09:50:08 PM »

ECOFISHERS KEN THURLOW hits the airwaves again, about the Grey Nurse Shark. North Coast ABC runs the "Grey Nurse Shark Numbers Disputed," ECOfishers media release, on their hourly news, on Thursday 5th April. The commercial station too, in Lismore, Radio 2LM, ran a 15 minute in depth discussion, with Ken, about the issue at 7:15 am on Thursday. (5/4/07)  2LM Presenter, Neil Marks, just loves ECOfishers media releases. Keep the issue up there in your area.
                                                     DETAILS OF THE MEDIA RELEASE LISTED BELOW.
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« Reply #125 on: April 05, 2007, 08:14:08 AM »

3/4/07 MEDIA  RELEASE: GREY  NURSE  SHARK  NUMBERS  DISPUTED

Commercial and recreational fishers claim Grey Nurse Shark numbers are greater than those claimed by ?preservation groups.?
And unlike these groups, fishers are in a position to know. The recent Channel 9 ?Sunday,? report, titled, ?The Great Shark Hunt,? added credence to fishers? claims. That report mentioned the disputed ?second survey,? of August 2003.

The Sunday program raised serious allegations concerning possible cover-ups and misrepresentation of scientific data.
As the result of a series of attacks by Grey Nurse Sharks, on fishers and divers, the matter was raised in Parliament, by former MP, Dr Jon Jenkins. The Minister for Fisheries claimed he was unaware of the ?second survey.? Yet that survey had been circulated to the fishing fraternity. (ECOfishers was among the recipients.)

Now the Minister is claiming the ?second survey? is invalid.
How can the data be invalid when one third of the estimated population of Grey Nurse Sharks, was sighted during that survey?
Was it because none sighted had tags?
What is the probability of this occurring when the expected tagged sightings was 8 ? being one third of 24?
So the data suggests a population far greater, than that claimed. Or is there a second population of Grey Nurse Sharks, none of which are tagged?
So whatever the excuses, ECOfishers calls for a thorough and independent scientific review of the whole program. For there is a lot at stake here. Fishers have been locked-out of traditional fishing grounds, on the basis of what now appears to be shonky data and flawed science.

BACKGROUND:
The listing of the Grey Nurse Shark population on the east coast of Australia, as endangered, is based upon population studies taken visually, in waters less than 40m deep. A ?Petersen Mark/Recapture? survey in June 2003, estimated the population at less than 500 individual animals. Additionally, Hansard has DPI Minister Macdonald, saying he was advised the Grey Nurse Shark population was in decline.

The ?second survey,? was conducted in August 2003. A total of 162 Grey Nurse Sharks were sighted by divers. NONE OF THE 24 TAGGED SHARKS WERE SIGHTED!
According to the mathematical formula used, (Petersen Mark/Recapture) if the population was about 500, at least 8 tagged sharks (5%) SHOULD have been sighted among the total of the 162 sharks sighted during the second survey in August 2003. None were sighted!

Ken Thurlow
CEO ECOfishers NSW.
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« Reply #126 on: April 05, 2007, 10:16:30 AM »

Nature Conservation Council goes to Court for the Grey Nurse Shark .. From the NCC website

The NCC is going to mount a case in the Administrative Appeals Tribunal (AAT) to stop Ocean Trap and Line Fishing(OTLF) in NSW.  This will have profound implications for ALL fishermen in NSW.  They are having ANOTHER crack at a 1500m exclusion zone around aggregation sites.  This is in early April 2007, not sure of exact date.  Case number is N2006/1443

The site is available here  http://www.nccnsw.org.au/index.php?option=com_content&task=view&id=1784&Itemid=601

It is interesting that they are mounting the case to the Commonwealth Minister for Environment and Heritage (Turnbull) as his signature is required on an annual basis in order to sell fish overseas, ie the Export business.  The reasoning for this goes back to Australia being a signatory to the WTO and as Commercial fishing is, in fact, regulated by the Commonwealth Department of Environment (as Fish are regarded as "wildlife") Turnbull has the authority to deny the "tick" to the NSW OTLF fishery. 

It would be interesting to know how much of NSW OTLF is exported ... I would have thought a minimal amount .. so why doesn't the NSW Minister (McDonald) tell the Commonwealth Minister (Turnbull) to go jump?  If McDonald said that to Turnbull then the Feds would find another way to put the screws on NSW, ie. Denying funding for, probably, a totally different area such as Roads, or Hospitals etc. 

Commonwealth Funding and politics is extremely complex.  What I have said above is a simplistic version of a complex issue

The NCC claims it needs donations to proceed, however they have the services of the Environmental Defender's Office (EDO), and even the services of a Senior Counsel(SC) .. which in 2007 is the equivalent of a QC.  This is disgraceful.  In reality there are significant public funds being diverted from schools hospitals and services for NSW to fund vexatious legal cases in the AAT.  If the case goes against them in the AAT, the next port of call is the Supreme Court, after that the High Court.

They have 1 expert witness, and his affidavit, and the questions asked by the NCC and EDO, should be read ... carefully.
Note this person, Dr. Victor Peddemors PhD is a visiting research fellow at the Graduate School of the Environment, Macquarie University, Sydney.  He is a South African Marine biologist.
His email address is vpeddemors@bio.mq.edu.au.  Phone is (02) 9968 2256, Mobile 0411 537268.   
It would be interesting to know his opinion of Otway's work in the "Mark recapture" paper.  Given the revelations about the counting method.

Another statement (an opinion) is given by Peter Hitchins, from the South West Rocks Dive Centre.  If ever there was a case of vested interest then this is one.  Interesting that he shows a photo of a shark with what appears to be kyphosis - Hitchins mistakenly calls it scoliosis.  Naturally this shark has a name ... "Quassimotto".  It would be interesting to know whether this shark should be destroyed, or this genetic trait allowed to be passed on??
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« Reply #127 on: April 06, 2007, 12:55:37 PM »

G'day Phil. Welcome back from the Land of the Long White Cloud. How's the "tennis elbow?"
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« Reply #128 on: April 10, 2007, 11:05:45 PM »

CHECK OUT DR PHIL'S email below and use any of it, in your letter to the editor of your local paper. We want to keep this issue in the face of the public and especially so, when the Greens are attempting to have ALL commercial offshore trap and line fishing banned in NSW! I've just dashed another one off, titled, "Science or Scam?"  Use that heading too, if you want to! But do it! If the Greens are successful in their case to the Administrative Appeals Tribunal (and stranger things have happened!) don't think recreational fishing won't be affected. It certainly will! Remember all those "recreational hooks," the Greenies see in the mouths of Grey Nurse Sharks? (Same old shark doing the rounds on the Internet.) But the Greenies will stop at nothing. Stunts are second nature to them!
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« Reply #129 on: April 11, 2007, 07:17:55 AM »

I read the affadavid from the SWR Dive Centre. Boy does he tell some porkies. He says that there are 30 amateur and charter fishing boats around fish rock on any given day. Now I have been going there nearly every year for the past 12 years and I have never seen 30 boat there. The usual case is to see one or two other boats. And thats when you can get out. Access is via two rather dodgy bars - if the seas up then no outside fishing.

He also says that you would be lucky to see a fish there these days (implying that they have been decimated by all these amateurs). Thats funny because I have had livebaits go off as soon as they reach the botton to kingies, rainbow runners, jew and cobia - and one after the other too! Also I don't seem to have trouble catching snapper and other table fish near the rock.   
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« Reply #130 on: April 11, 2007, 07:22:13 AM »

Narooma Port Committee

Chairman:  Dr. Philip Creagh BVSc.  4476 3604

Secretary: Mr. John Moore

PO Box 596

Narooma, NSW, 2546

 

Batemans Marine Park - Email Group Newsletter # 22.   April 10th, 2007  - Post Election Issues

 

1.  Grey Nurse Shark numbers have been queried.  Potential for Scientific fraud. (SEE BELOW)

 

2.  Nature Conservation Council goes to Administrative Appeals Tribunal in an attempt to effectively close down the NSW Ocean Trap and Line commercial fishery.  (SEE BELOW)

 

3.  Manager of Batemans Marine Park makes an interesting comment. (SEE BELOW)

 

4.  Koperberg is new Minister for Environment (and other departments) replacing the unlamented Debus.

 

5.  Marine Parks Authority, and ALL aquatic reserves, transferred from Premier?s/Fisheries Department/Conservation Department to Department of Environment of Conservation.

 

1.  Grey Nurse Shark numbers have been queried.  Potential for Scientific fraud.

 

Channel 9, Sunday program on March 23, 2007 broadcast a show that was extremely critical of the claimed number of Grey Nurse Sharks in NSW waters.  This followed on from Prof. Jon Jenkins obtaining material from the NSW Fisheries Minister (MacDonald) through the NSW Parliament just prior to the election.

The video of the show is available here:

http://ninemsn.video.msn.com/v/en-au/v.htm?f=39&g=3771c83e-f950-4876-ba5d-ade43ee7bb78&p=aunews_ausunday&t=s29&mediaid=77683

 

It is important to remember that ALL the material that is related to a SCIENTIFIC count of the GNS in NSW waters relates to ONE set of data that was collected and written into a paper by Otway and Burke (2004)  ?Mark recapture population estimate and movements of GNS.  This is a NSW Fisheries report, and is NOT subject to the normal rigour of an article produced for a peer reviewed journal.

 

However the numbers of sharks calculated in this paper WERE used in a peer reviewed journal article by Otway, Bradshaw and Harcourt (2004) titled ?Estimating the rate of quasi extinction of the Australian GNS population using ....?  This was published in Biological Conservation 119:341-350.

 

In material supplied it appears there are very significant anomalies that were either NOT addressed in the original count, or fraudulently ignored.

 

In brief the count of GNS occurred like this:

24 GNS were tagged prior to June 2003

Over a 2 week period in June 2003 a survey was conducted between Eden and Bundaberg.

Results:

19 of the 24 tagged GNS seen in a total of 313 GNS sighted. 

19 of the 24 tagged fish seen = 79%. 

If we saw a total of 313 GNS then we saw 79% of the total sharks.  So that means 100% = 396 sharks between Bundaberg and Eden.  This is overly simplistic, but gives an idea of the way the calculation was done.


However a few ?flies in the ointment? have been revealed:

 

Counting.  The survey used scuba divers and freedivers (generally spearfishermen).  I will NOT go into the politics of scuba divers Versus freedivers and rec fishermen. 

 

HOWEVER the breakup of the figures (not publicly known) show that 18 of the tags were seen by Scuba divers, who sighted 137 GNS in total. 

The Freedivers saw 176 GNS and ONLY SIGHTED one tag.  Those numbers SHOULD have sent alarm bells instantly ringing. 



The tagged sharks seen in the JUNE 2003 survey was the sole source of data used in the article.  HOWEVER there WAS another survey done.  This has never been acknowledged by NSW Dept. of Fisheries.

 

It has been subsequently revealed that a second survey was done in August 2003.  This was NOT supported by the Freedivers(??) The results of this show 162 GNS seen by Scuba divers at 27 sites.  NO TAGS seen.  NO tags seen is a catastrophic result in this sort of survey.


Possible Explanations:

*  Scuba divers accidentally or maliciously noted more tagged sharks.
*  All the tagged sharks had died (not realistic)


The factors that can make the data worthless are:
*  The integrity of the ?counters?.  This issue is serious and needs to be addressed.
*  The death of tagged sharks.  If 10% of the stagged sharks died ?post tagging? this would have dramatic effects on the statistical analysis.  This is the reason the same survey cannot be done in June 2007 ... how many tagged GNS have died since 2003??.
*  Similarly the fact that 80% of the tagged sharks were ?sighted? in the June 2003 survey has far too high a probability factor built in??

Conclusion:

Until these issues have been addressed then the calculation of the number of GNS and the subsequent listing by the NSW Fisheries scientific committee has to be questioned. 

NSW Fisheries have embarked on an expensive breeding program with the Melbourne Aquarium.  Trying to breed a species up from a low genetic base, and with a number of 300 to 500, the East Cast population of the GNS IS genetically doomed ... a hybridized sport would be the end result of any breeding program.  It would ?look? like a GNS but that is all.  One has to ask .. is it worthwhile to spend unlimited sums of money and scientific time on a theoretical exercise? 


2.  Nature Conservation Council goes to Administrative Appeals Tribunal in an attempt to effectively close down the NSW Ocean Trap and Line commercial fishery.

 

The NCC is going to mount a case in the Administrative Appeals Tribunal (AAT) to stop Ocean Trap and Line Fishing(OTLF) in NSW.  This will have profound implications for ALL fishermen in NSW. 

 

They are having ANOTHER crack at a 1500m exclusion zone around ALL aggregation sites, not just the 16 Critical habitat sites. 

 

The NCC site is available here  :http://www.nccnsw.org.au/index.php?option=com_content&task=view&id=1784&Itemid=601

 

It is interesting that they are mounting the case to the Commonwealth Minister for Environment and Heritage (Turnbull) as his signature is required on an annual basis in order to sell fish overseas, ie the Export business.  The reasoning for this goes back to Australia being a signatory to the World Trade Organization (WTO) trade in wildlife.

 

Commercial fishing is, in fact, regulated by the Commonwealth Department of Environment (as Fish are regarded as ?wildlife?) Turnbull has the authority to deny the ?tick? to the NSW OTLF fishery.  It would be interesting to know how much of NSW OTLF is exported ... I would have thought a minimal amount .. so why doesn?t the NSW Minister (McDonald) tell the Commonwealth Minister (Turnbull) to go jump?  If McDonald said that to Turnbull then the Feds would find another way to put the screws on NSW, ie. Denying funding for, probably, a totally different area such as Roads, or Hospitals etc.  Funding and politics is extremely complex.

 

The NCC claims it needs donations to proceed however they have the services of the Environmental Defender?s Office (EDO), and even the services of a Senior Counsel(SC), the State version of a QC.  This is disgraceful. 

 

In reality there are significant public funds being diverted from schools hospitals and services for NSW to fund vexatious legal cases in the AAT.  If the case goes against them in the AAT, the next port of call is the Supreme Court, after that the High Court.

 

They have 1 expert witness, and his affidavit, and the questions asked by the NCC and EDO, should be read ... carefully.

 

Note this person, Dr. Victor Peddemors PhD is a visiting research fellow at the Graduate School of the Environment, Macquarie University, Sydney.

His email address is vpeddemors@bio.mq.edu.au.  Phone is (02) 9968 2256, Mobile 0411 537268.   It would be interesting to know his opinion of Otway?s work in the ?Mark recapture? paper.  Given the revelations about the counting method.

Another statement (an opinion) is given by Peter Hitchins, from the South West Rocks Dive Centre.  If ever there was a case of vested interest then this is one.  Interesting that he shows a photo of a shark with kyphosis.  Naturally this shark has a name ... ?Quassimotto?.  It would be interesting to know whether this shark should be destroyed, or this genetic trait allowed to be passed on??

 

3.  Manager of Batemans Marine Park makes an interesting comment.

 

This is part of a letter sent to the Narooma Sporting and Services Fishing Club.  It contains many inaccuracies, and assumptions that cannot be validated, however the highlighted part has been queried, both to Kelly (Manager of BMP) and Muldoon (EO of the MPA) with NO response

 

?As you are probably aware, fishing, bait collecting and associated activities, undertaken by ever increasing numbers of people with ever increasing efficiency cannot be sustained indefinitely without refuge areas being provided.  Very few  people question the need for some protection, but there?s no shortage of arguments concerning the best locations for protection.  The problem faced by planners is that there is not a single area of the coast that is not someone?s favourite fishing spot.

I realise that the sanctuary zone in this part of the coast is different from the arrangement presented in the draft.  The idea of a draft plan is to stimulate informed discussion toward improved zoning.  In many cases, draft zoning proposals require only minor modifications in light of new information.  In the far south of the park, the zoning proposed in the draft required significant change to  accomodate new information from marine ecologists, the commercial fishing sector, Aboriginal people and others.  Here again planners face a dilemma. If the final plan is not significantly different from the draft they are accused of running a pre-determined agenda. If the final plan is significantly different from the draft they are accused of poor consultation.?
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« Reply #131 on: April 12, 2007, 01:15:44 PM »

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« Reply #132 on: April 13, 2007, 11:57:01 AM »

From the Environmental Defender's website
http://www.edo.org.au/edonsw/site/casework_key.php#sharks

Nature Conservation Council Of Nsw Inc. V Minister For The Environment And Heritage; Administrative Appeals Tribunal Proceedings
 
Grey nurse shark with hook and injury at Fish Rock, South West Rocks. Photo courtesy of Peter Hitchens.
 
The EDO is representing the NSW Nature Conservation Council (NCC) in proceedings brought in the Administrative Appeals Tribunal (AAT) against the Commonwealth Minister for the Environment and Heritage. NCC is presenting evidence to the Tribunal that the NSW Ocean Trap and Line Fishery (OTLF) has a significant impact on the nationally listed critically endangered east coast population of the Grey nurse shark. The OTLF is a multi-species targeted fishery that operates within the habitat areas of the Grey nurse shark and a number of other threatened species.

The Grey nurse shark is facing imminent extinction. It is widely recognised that the biggest threat to the survival of the Grey nurse shark is hooking caused by fishing in and around the shark's key aggregation areas. The Grey nurse shark receives some protection through the creation of 10 Critical habitat sites. However, there is no complete ban on fishing at these sites and these sites represent only a fraction of the key habitat for the species.

In July 2006, the Minister declared that the OTLF was an approved wildlife trade operation (WTO), based on section 303BA and section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration is valid until 14 December 2007.

The NCC has gathered evidence which demonstrates that the conditions placed on the fishery which are designed to afford some protection to the Grey nurse shark do not go far enough to ensure the recovery of the species and the prevention of extinction. The NCC is also arguing that in declaring the OTLF to be an approved WTO, the Minister did not take into account the precautionary principle, which he is required to do under the EPBC Act.

The NCC is seeking the implementation of fishery closure of specific key aggregation areas and the banning of the use of wire traces in deeper waters.

The proceedings are listed for hearing for 1 week beginning 16 April 2007.

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« Reply #133 on: April 13, 2007, 03:45:52 PM »

Thanks Dr Phil. It's going to be an interesting week next week. Wouldn't we all love to be flies on the wall?
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« Reply #134 on: April 13, 2007, 04:51:42 PM »

 AS far as I know only one Grey Nurse Shark has been confirmed as having died from blood poisoning. This was supposedly confirmed by an autopsy. Now whether the autopsy was carried out by qualified vet staff, I have been unable to ascertain. Does one swallow (pardon the pun!) make a summer? We also hope someone will be there to explain that sharks jaws are continually growing forward to shed teeth, (50,000 in a lifetime) so a hook lodged in the mouth of a shark will either rust out or be shed naturally. Let's hope there are some real scientists there!
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