Montague Isalnd and Grey Nurse Shark

14th November 2007.

A short presentation in relation to the protection of the Grey Nurse Shark and Commercial and Recreational Fishing in the vicinity of Montague Island.

On the far South Coast of New South Wales there is some confusion as to your response to the Administrative Appeals Tribunal (AAT) hearing in relation to the Grey Nurse Shark and further protective measures as requested by the Nature Conservation Council (NCC).

We completely reject any attempt by either the NCC or the Department of Primary Industries for further fishing restrictions in relation to Montague Island. We wish to place the following points before the Minister.

1.Otway?s paper ?Mark recapture? as a method of estimating the number of Grey Nurse Sharks of the Coast of NSW was queried by Drs. Pepperell and Lincoln-Smith, two expert witnesses provided by the recreational fishing interests. They called into question 4 key assumptions that needed to be satisfied in the "Mark-recapture" study. They also queried a previously unpublished survey performed in August 2003, which had been kept secret from the public. This survey showed a huge disparity in estimated population size of the Grey Nurse Shark compared to Dr. Otway's estimate from the earlier survey.

Justice Downes concluded that these factors suggested that "Dr. Otway's mark recapture study....was unreliable". (AAT Decision Para. 83)

2.Dr. Otway's paper "Estimating the rate of quasi extinction ..." in fact shows that the GNS is doomed to extinction even with NO externally caused mortalities. This raised the interesting philosophical question ... How did the GNS ever come into existence if its reproductive biology is so primitive that it does NOT have a positive growth rate? Otway solved this by declaring at the Hearing that there had been a revision in some of the data applicable to the GNS. Justice Downes quite rightly opined ?We are concerned that the biology of the GNS is only just becoming known? (AAT Decision Para. 90)

3. Further evidence submitted by Dr. Otway earlier in the Hearing, and unable to be cross-examined, claimed that Montague Island had been the site of six female Grey Nurse Shark mortalities since 2002. In the absence of any proof, following extensive local investigation, the Narooma Port Committee believe this is a fabrication.

Narooma is a small Coastal community very close to Montague Island and together with the substantial fines associated with killing or injuring a GNS, the community, local fisheries officers and the media would be aware of even one incident, let alone six.

The Narooma Port Committee calls on the DPI to release all relevant information related to the alleged deaths of the six sharks.

4.This case has been a waste of NSW and Australian taxpayer?s money. With five Barristers appearing and the resources of the Environmental Defender's Office at the disposal of NSW Government funded Nature Conservation Council, serious questions have to be asked as to the integrity of these Conservation groups who rush to vexatious litigation.

5.From evidence submitted to the AAT Hearing it is obvious that there is much anecdotal evidence of a far greater number of GNS off the NSW coast than is currently believed by Otway. Because of community distrust of the Conservation section of the NSW Department of Fisheries, these sites may never be revealed. This is a sad indictment of the feeling of rural and regional areas to environmental zealots within the bureaucracy of the NSW Government and Sydney based Conservation groups. The Narooma Port Committee will be investigating, together with other NSW and Australian Recreational fishing groups, several of the issues raised in the AAT Hearing. For too long many of NSW approximate 1 million fishers have been supine when being dealt with by various NSW Government Departments.

6.In 2006, Eurobodalla Shire Council commissioned a Socio-Economic study into the potential effects of the Batemans Marine Park. It showed the likelihood of a $50million deficit caused by a reduction in recreational and Commercial fishing because of the ?No fish? zones. This will be compounded if there is a further reduction to the prized grounds around Monatgue Island and the Tollgates Islands (Batemans Bay).

Indeed, Minister McDonald, the community is contemptuous of the Marine Parks Authority following the revelations by Professor Kearney.

There is a possibility the Department of Primary Industries can rescue the situation by removing Minister Firth as the NSW Government spokesperson for Marine Parks. As a Member of Parliament, representing the NSW seat of Balmain, her reliance on the primary Green vote of 30% has not gone unnoticed in this area. Nor have her inane comments and responses to various submissions by individuals and organizations, including the Narooma Port Committee.

The Narooma Port Committee
The Narooma Port Committee is fighting for fair and equitable zoning within the Batemans Marine Park. We informally represent the interests of the recreational and commercial line fishermen, Charter Boat operators, Tackle stores, accommodation facilities and clubs who use the port of Narooma, on the far south coast of New South Wales.