Document ID: chunk:federal_register_of_legislation:F2014L01089:reg:20:p31
Version: federal_register_of_legislation:F2014L01089
Segment Type: reg
Provision Reference: reg 20 (pt 31/33)
Character Range: 123132–127164

on the EPBC Act Register for Critical Habitat   • Critical habitat for grey nurse shark is listed on the register throughout the life of the plan.                          Action not completed. No sites have been listed as critical habitat under the EPBC Act. This action was considered but it was decided not to pursue it as alternate forms of protection were available and considered more effective.
                                                                                                                                                                                                                                                                                                                                                                                                                        Under the EPBC Act Register of Critical Habitat (Section 207b (2)) strict liability only applies to "habitat in or on a Commonwealth area". Of the 19 areas listed in the Grey Nurse Shark Recovery Plan, 17 sites are in State jurisdiction and are therefore outside the scope of the critical habitat provisions of the Act. Only two sites, Pimpernel Rock and the Cod Grounds, are within Commonwealth areas. These two sites are protected and therefore there would be no additional conservation benefit in listing them as critical habitat sites.
G.5. Lead agencies in each state should protect sites identified as habitat critical to the survival of grey nurse sharks using appropriate planning or zoning policies, regulations and laws.                                                                                              • Sites identified as habitat critical to the survival of grey nurse sharks are protected.                                  Action partially completed. At the time of the 2009 review all but one of the 19 sites listed as habitat critical to the survival of the grey nurse shark in the 2002 recovery plan have been given some level of protection. At a minimum, this includes restrictions on fishing methods and fishing gear. The conditions and size of the sanctuary zones varies and additional information on each of the sites is available from the relevant government agency. (Also refer to G1 above).

H. Develop research programs towards the conservation of grey nurse sharks.
Prescribed Action                                                                                                                                                                        Criteria for Success                                                                            2009 Review of Actions
H.1. Continue existing NSW monitoring program and extend to document age and growth, migratory movements, recruitment rates and estimates of mortality.                                  • Population monitoring data at important sites in NSW continues to be collected and analysed.  Action is ongoing.
H.2. Survey key sites identified as habitat critical to the survival of grey nurse sharks in NSW & Qld during winter to establish maternity sites and annual levels of pup production.   • Knowledge of annual pup productivity in NSW and Qld improved.                                 Action is ongoing.
H.3. Establish a tag/resighting program to improve knowledge of:                                                                                                                         • Tag/resighting program established.                                                           Action is ongoing.
 • Demography and migratory movements                                                                                                                                                    • Data analysed and report provided to Recovery Team.
 • Localised site movements
 • Estimation of bycatch levels.
H.4. NSW Fisheries to expand the autopsy program for all dead grey nurse sharks encountered to increase biological knowledge of the species.                                             • The majority of grey nurse