ECOfishers NSW formal submission
Mr Ian Macdonald MLC
Minister for NSW DPI ? Fisheries.
Dear Mr Macdonald, Re; AAT, the NCC and Grey Nurse sharks.
ECOfishers, the voice of NSW recreational fishers, advises there, is no scientific, ecological, or environmental reasons to increase or extend, any government marine park sanctuary zone, or Critical Habitat Site, for the further protection of the Grey Nurse shark.
Nor is there any scientific, ecological, or environmental reason, to add any additional sites, to the multiplicity of current fishing exclusion zones, to enhance the welfare of the east coast population of Grey Nurse sharks.
In a recent hearing in the Administrative Appeals Tribunal, the government funded Nature Conservation Council, sought the imposition of conditions, which affect the activities of fishing outside the OTLF, in particular, recreational fishing, including spearfishing.
ECOfishers ( and others) represented NSW recreational fishers at that hearing. At considerable expense, we contributed to the funding of expert witnesses etc and contributed an alternative opinion. And as the judge noted, it was just as well we did!
In his wisdom, Justice Downes dismissed the NCC?s claims and re-affirmed the Federal Minister?s declaration, the NSW OTLF, be an approved wildlife trade operation.
The Tribunal also concluded, that the east coast population of Grey Nurse sharks, ?is most likely to be somewhere between 500 and 1,500. However it might be more.? One expert witness estimated at least 3000.
Further, the Tribunal determined, the ?Otway mark-recapture study was unreliable. And that ?the data Otway used, to develop his model, was incorrect.? It is also noteworthy, that none of Otway?s studies have ever been peer reviewed.
ECOfishers has continually disputed Otway?s mark-recapture study estimates, as it failed to meet or satisfy, all of the assessment criteria.
Otway?s work has never been scientifically or realistically supported by NSW fishers, divers and other marine experts. His work was described as controversial.
Further, the Commonwealth, under the ?Marine Species Recovery & Protection Grants Programme, (2007-2008)? has announced substantial funding, for new Grey Nurse shark research. It is noteworthy, that seven of the eight ?Sharks & Rays,? research topics, relate to the Grey Nurse shark, so inconclusive is the current research. These topics include ECOfishers request to, ?Determine the impacts of recreational and commercial SCUBA diving, on Grey Nurse behaviour and habitats, at aggregation sites.?
ECOfishers has received vigorous representations, concerning the extra protection issue, sought by the NCC, from all ECOfishers regions, across the state.
To belatedly add additional sites for the Grey nurse shark, in government marine parks, would be another gross betrayal of community trust and credibility. This would constitute a ?re-zoning.?
The MPA is reluctant to even consider accommodating disabled fishers access, to government sanctuary zones, outside the mandatory five year review, of their Zoning Plans. To make special arrangements for the Grey Nurse shark, would be viewed by the community, simply as hypocritical.
Hence, based upon expert scientific evidence and the AAT?s findings, ECOfishers is confident, the current legislation and extensive ( and
somewhat unnecessary,) fishing closures, more than satisfies the legislation, in the long term.
Therefore, ECOfishers, the voice of NSW recreational fishers, seeks a decision and announcement, to this effect.
Yours sincerely,
Ken Thurlow
CEO ECOfishers NSW
Attached: Annexure ?A? ? List of written submissions to ECOfishers NSW.
ANNEXURE ?A? List of written submissions to ECOfishers NSW.
Deputations and written representations, to ECOfishers NSW, have been received from concerned recreational fishers across NSW and including:-
1) Tweed ECOfishers 20) Perras family, Sydney
2) Northern Rivers ECOfishers 21) Wayne Coles, Port Stephens
3) Mid North Coast ECOfishers 2315
4) Port Stephens ECOfishers 22) Todd & Kellie Durance
5) Newcastle ECOfishers 23) Matt Brogan,
6) Central Coast ECOfishers Lake Macquarie
7) South Coast ECOfishers 24) Max Heinzel, S.W. Rocks
ECOfishers NSW, including: 25) Michael Flanders, S.W.Rocks

Byron Bay Deep Sea Club 26) Trial Bay Engineering and
9) Coffs Harbour Deep Sea Club Marine, S.W. Rocks 2431
10) Hat Head Amateur Fishing 27) Gail Berenthien, S.W. Rocks
Club 28) Vince Jordan, Hat Head
11) Les Sharman, Tackle and 29) Paul Busch, Coledale 2515
Sport, Kempsey 30) David Shaw, S.W. Rocks
12) Mark Bird, S.W. Rocks 31) Colin Hicks, Mentone, 3194
13) Gary Berenthien S.W. Rocks 32) Matt Brogan, Glenmore Vale
14) Paul Busch, S.W.Rocks 2431 33) Mark Vaughan, Bluefin Prod.
15) Steve Jacques, Narara, 2250 34) Peter Fletcher, Canberra ACT
16) Steven Johnson, Dubbo, 35) Sean Morgan, Singapore
email 36) Jack Tait, Coastal Rights
17) Col Brien, email Assoc., Batemans Bay, 2536
18) Richard Hickey, Sydney 37) Dr Phil Creagh, Narooma
19) Paul & Reneee Schlier, email Port Committee, Narooma
NSW