Document ID: chunk:federal_register_of_legislation:F2014L01089:reg:20:p6
Version: federal_register_of_legislation:F2014L01089
Segment Type: reg
Provision Reference: reg 20 (pt 6/33)
Character Range: 16335–19081

critically endangered. The size of the west coast population is unknown but considering the species life history characteristics and continuing incidental impacts from fishing, this population remains listed as vulnerable under the Western Australian Wildlife Conservation Act 1950 and the EPBC Act.

5 Evaluation of performance of the previous Recovery Plan for the Grey Nurse Shark
A recovery plan for the grey nurse shark was made in June 2002 (EA, 2002). Under the EPBC Act (section 279(2)), recovery plans must be reviewed every five years.

The purpose of the review is to summarise the actions undertaken against those specified in the recovery plan, and to assess whether:

  • there is an ongoing need for a recovery plan under the EPBC Act

  • the recovery plan needs to be varied to ensure further protection for the species.

A review of the 2002 Recovery Plan for the Grey Nurse Shark (Carcharias taurus) in Australia (EA, 2002) was completed in January 2009 (DEWHA, 2009). This review found that progress had been made on most of the 40 actions listed in the recovery plan. Of the 40 actions, 12 had been completed, 25 had been partially completed and were considered to be ongoing, and three had little or no action recorded against them. A summary of the status of the actions identified in the 2002 recovery plan is provided at Appendix 1.

Importantly, the review noted that since 2002, all but one of the 19 key aggregation sites listed as 'habitat critical to the survival of the species' in the 2002 recovery plan had been given some level of protection (DEWHA, 2009). This included: the declaration of critical habitats, marine parks and fishing closures in New South Wales; grey nurse shark protection areas and marine national park zones in Queensland; and marine reserves in Commonwealth waters.

These key aggregation sites have not been placed on the EPBC Act Register of Critical Habitat. Seventeen of these sites are in state jurisdiction and are therefore outside the scope of the critical habitat provisions of the EPBC Act. The remaining two sites, Pimpernel Rock and the Cod Grounds, are within Commonwealth areas and are protected as Commonwealth marine reserves, therefore further protection would not be gained by placing them on the Critical Habitat Register.

Despite progress against the listed actions, the 2009 review:

  • concluded it was not possible to determine if the east coast population of the grey nurse shark had shown any sign of recovery

  • highlighted that since the introduction of the original recovery plan there had only been a small number of official reports of incidental capture of grey nurse sharks from the commercial and recreational fishing sectors and that this was likely