Document ID: chunk:federal_register_of_legislation:F2024L00930:reg:2:p24
Version: federal_register_of_legislation:F2024L00930
Segment Type: reg
Provision Reference: reg 2 (pt 24/48)
Character Range: 127035–130181

to determine the proportion of entanglements caused by active versus discarded fishing gear because they can potentially interact and displace active fishing gear that may not be recorded using standard bycatch methods (Macfadyen et al. 2009, Tulloch et al. 2020). In Australia, the risk of entanglement in active fishing gear is far greater than discarded and derelict gear and few southern right whales have been reported entangled (Tulloch et al. 2020).
Marine debris can also enter the marine environment in the form of plastic from multiple sources from land-based activities, and coastal urban areas can heavily pollute watersheds and contaminate the oceans. There is a positive correlation between urban density and microplastic abundance and therefore marine organisms inhabiting coastal waters are at risk of microplastic ingestion (Au et al. 2017). Microplastics are ingested by marine animals in a range of ways, such as up the food web via trophic transfer and of particular concern for baleen whales, directly consumed in large volumes of water while foraging (Zantis et al. 2022). Ingestion of marine debris, however, is thought to be unlikely for southern right whales in Australian coastal waters given whales are less likely to be feeding.

   3.3         Habitat degradation
Physical modification of habitat can degrade the quality and reduce the quantity of available habitat and may be caused by the construction of ports and marinas, oil and gas infrastructure, marine aquaculture facilities, marine (offshore) renewable energy infrastructure and coastal development. It has the potential to spatially displace individuals or modify behaviour. Habitat degradation may result in short-term physical displacement of individuals from areas and habitat that they may rely upon (e.g., BIAs), and over the long-term could result in loss or abandonment of important habitats such as those used for reproduction and feeding, ultimately reducing a population's capacity for recovery.

    3.3.1     Infrastructure/coastal development
Habitat degradation through the development of infrastructure such as ports, marinas, aquaculture facilities, and marine/ocean energy production facilities could lead to disturbance, and potentially physical displacement, of southern right whales from preferred habitats and may disrupt movements (i.e. coastal and offshore movement) by acting as barriers to migration into and along coastal breeding areas. The construction of such infrastructure may involve dredging and pile driving which can also alter and degrade habitat through creation of underwater noise. Displacement of whales through habitat degradation has the potential to reduce breeding success (Best 2000) by forcing animals to reproduce in more marginal environments and by increasing their exposure to other risks such as entanglement, predation, collisions and pollution. Associated industrial activities in the coastal zone may also reduce habitat within BIAs.

     3.3.2      Infrastructure/offshore development
Offshore development is largely associated with the production of energy and addressing Australia's energy demands,