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Australian Office: PO Box 439 Avalon NSW 2107 Australia +612 9973 1728 [email protected] www.hsi.org.au Head Office: 2100 L Street, NW Washington, DC 20037 USA 301-258-3010 Fax: 301-258-3082 [email protected] Officers Wayne Pacelle President Andrew N. Rowan, Ph.D. Vice President G. Thomas Waite III Treasurer Australian Office Michael Kennedy, Director Verna Simpson, Director Australian Board Peter Woolley Jean Irwin Elizabeth Willis-Smith Patricia Forkan Dr. Andrew Rowan Michael Kennedy Verna Simpson Department of Sustainability, Environment, Water, Population and Communities MBP submissions – Temperate East Reply Paid 787 Canberra ACT 2601 By email to: [email protected] 15 February 2012 Dear Sir / Madam Re: Temperate East Commonwealth marine reserves network proposal Humane Society International (HSI), the world’s largest conservation and animal welfare organisation, welcomes the opportunity to provide the following submission on behalf of 11 million supporters worldwide, and 40,000 Australian supporters. HSI has been an active stakeholder in the marine bioregional planning process that is currently underway. HSI recognise and support the Government’s policy commitment at the 2010 federal election to implement a nationally representative network of marine reserves by 2012. The Temperate East Marine Region off eastern Australia provides critical habitat for humpback whales, critically endangered species such as the grey nurse shark, threatened fish like the black cod and deepwater sharks, and unique subtropical corals. The combination of tropical and temperate seas, deep oceans, canyons, islands, seamounts and reefs ensures that there is ocean life found nowhere else. And yet less than one per cent of the Temperate East Marine Region is currently protected from threats such as fishing-related habitat damage, bycatch, overfishing, and mining and oil and gas exploration and production. th On 11 November 2011 the Australian Government proposed a network of marine reserves including a number of marine sanctuaries for the Commonwealth waters of the Temperate East Marine Region. The proposed Temperate East marine reserve network covers only 25 per cent of the region. This compares unfavourably with that proposed for the Coral Sea Marine Reserve (100 per cent of the region), the South-west Marine Region (42 per cent of the region) and the North-west Marine Region (33 per cent of the region). Only four per cent of the Temperate East Marine Region is proposed for Marine National Park Zone protection. This again contrasts with the Coral Sea (51 per cent), the Southwest (22 per cent) and the north-west (12 per cent of the region) Not one new reserve is proposed for the continental shelf (the high-level protection in the Cod Grounds and Solitary Islands marine reserves already exists), and the proposed marine sanctuaries (or Marine National Park Zone) cover zero per cent of the continental shelf. HSI therefore believes that the reserve network needs to be expanded and its protection levels (and particularly Marine National Park Zones) increased in area to ensure that the significant and diverse features and habitats of the Temperate East Marine Region are better represented and protected. The increases should be designed to make the Temperate East Marine Region network comparable to the networks proposed for the South-west and North-west marine regions. Our comments that follow aim to further elaborate on these points. 1 Protect underwater icons The proposed marine sanctuaries provide inadequate or no protection for the ten underwater icons of the Temperate East, as shown in Figure 1. This must be rectified in the final marine reserve network for the Temperate East. Figure 1 – Marine sanctuaries proposed by the Australian Government for the Temperate East planning region, overlaid with the zone of importance and underwater icons. Protect all nine key ecological features The draft plan identifies eight key ecological features with special conservation values, however it fails to include the majority of the continental shelf as a ninth key ecological feature. Only shelf rocky reefs and continental slope canyons off the edge of the shelf have been identified as key ecological features. The continental shelf was identified as an important ecosystem in Brewer, D.T et al (2007), Ecosystems of the East Marine Planning Region, a CSIRO report to the then Department of Environment and Water 1 Resources . Also identified as important in that report were the Lord Howe Plateau and the Caledonia Basin, both found between Lord Howe and Norfolk islands. By leaving these three systems out of the key ecological features, they have also been largely left out of the proposed Commonwealth marine reserve network in the draft marine reserve proposal for the Temperate East. The absence of the continental shelf from the list of key ecological features ignores the critical importance it has to ocean life and the commercial and recreational fishing and tourism dependent on it. This must be rectified in the final marine reserve proposal, with the continental shelf recognised as a key ecological feature and protected over a larger area within the marine reserve network that includes Marine National Park Zones. The proposed marine sanctuaries also provide inadequate or no protection for the eight identified key ecological features for the Temperate East. Middleton Reef is contained within an existing marine sanctuary (Elizabeth Reef remains outside marine sanctuaries), but no additional protection is proposed for this key ecological feature (Table 1). The proposed marine sanctuaries provide some protection for the Lord Howe Seamount Chain, Norfolk Ridge and Tasmantid Seamount Chains and no protection for 1 Brewer, D.T., Flynn, A., Skewes, T.D., Corfield, J., Pearson, B., Alowa, J., and Young, J. W. (2007). Ecosystems of the East Marine Planning Region. Report to Department of Environment and Water Resources. CSIRO, Cleveland. 150 pg. 2 the four remaining key ecological features (Table 1). This must be rectified in the final marine reserve network. Table 1 – Level of inclusion of key ecological features as defined by SEWPaC for the Temperate East planning region. Proposed Existing marine marine sanctuaries sanctuaries Key Ecological Features Canyons on the Eastern Continental Slope 0% 0% Elizabeth and Middleton Reefs 0% 45% Lord Howe Seamount Chain 6% 18% Norfolk Ridge 20% 0% Shelf Rocky Reefs 0% 0% Tasman Front and Eddy Field 0% 0% Tasmantid Seamount Chain 20% 0% Upwelling off Fraser Island 0% 0% Protect biologically important areas Of the 161 biologically important areas mapped within the Temperate East planning region for 37 ecologically significant species, 160 fail to meet minimum scientific benchmarks for protection. For example, no protection has been provided to the feeding grounds for little penguins that extend into the Temperate East planning region (Table 2). One biologically important area (feeding grounds for black noddy’s breeding at Lord Howe) has more than 30% of its extent within existing and proposed marine sanctuaries within the Temperate East planning region. Table 2 - Level of inclusion of biologically important areas as Temperate East planning region. Proposed marine Common Name sanctuaries Antipodean albatross 0.1% Black noddy 8% Black petrel 4% Black-browed albatross 0% Black-winged petrel 9% Campbell albatross 0% Coastal (indo-pacific) bottlenose dolphin 0% Common Noddy 7% Flesh-footed shearwater 2% Great-winged petrel 2% Green Turtle 0% Grey nurse shark 0% Grey ternlet 8% Humpback whale 0% Indian yellow-nosed albatross 0% Indo-pacific humpback dolphin 0% Kermadec petrel 9% Little penguin 0% Little Shearwater 8% Loggerhead Turtle 0% Masked Booby 8% Northern giant petrel 0% Providence petrel 8% Red-tailed tropicbird 8% Short-tailed shearwater 0% Sooty shearwater 0% Sooty tern 8% Southern giant petrel 0% Wandering albatross 0% defined by SEWPaC for the Existing marine Sanctuaries 0% 5% 0.2% 0% 1% 0% 0% 1% 0.2% 0.3% 0% 0% 1% 0% 0% 0% 1% 0% 1% 0% 1% 0% 1% 1% 0% 0% 1% 0% 0% 3 Wedge-tailed shearwater White shark White tern White-bellied storm petrel White-capped albatross White-faced storm petrel White-necked petrel Wilson's storm petrel 3% 0% 10% 15% 0% 0% 0% 0% 0.5% 0% 2% 2% 0% 0% 0% 0% Establish a Comprehensive, Adequate and Representative network In 2009 Australian experts in marine conservation science provided a guidance statement to the Commonwealth Government that contained advice on how a comprehensive, adequate and representative network of marine sanctuaries could be established. There is a significant difference between this advice and the draft proposals for the Temperate East. The proposals do not establish the comprehensive, adequate and representative network of marine sanctuaries required to protect marine life. Specifically: a. Of the 11 bioregions of the Temperate East planning region, eight contain no proposed marine sanctuaries. b. Overall, the median representation of features important for the conservation of biodiversity within the Temperate East planning region is 0%. c. The marine sanctuaries proposed fail to form an interconnected network, with marine life protected within each proposed marine sanctuary likely to face major connectivity issues. The marine sanctuaries proposed in the draft plan for the Temperate East Marine Region are therefore not comprehensive, adequate, or representative. Substantial improvement would be needed to satisfy the primary goal set by all Australian governments in 1998 of establishing a national system of marine sanctuaries to protect Australia’s unique marine life. Identify and protect against all five major threats Four major threats are identified in the draft plan, however one major additional threat has been omitted - mining and oil and gas exploration and production. Based on the current marine reserve proposal, mining and oil and gas exploration and production would be allowed in 68 per cent of the proposed marine reserve network. These uses are permitted in the Multiple Use and Special Purpose zones, 2 which constitutes 252,387 km or 68 per cent of the proposed reserve network. None of the Commonwealth shelf waters are zoned for protection from mining. The Montara and Deepwater Horizon disasters exposed the risks to ocean life from the industry. Damage to seabed habitats, pollution of surrounding waters by chemicals and oil spills, and noise pollution from the industrial operations and seismic testing are all potential impacts of the industry on the region’s conservation values. This impacts on the critical habitats of threatened marine species both directly – through damage to seabeds as well as indirectly, driving marine life away from critical habitats due to increase in ocean noise, both of which threaten the future of those species. Mining and oil and gas exploration and production should be removed from the list of allowable uses in the marine reserve network due to the risk the industry poses for ocean life. This would then be consistent with the proposed zoning in the Coral Sea Commonwealth Marine Reserve, which is in the northern part of the broader East Marine Region. Build connectivity The boundaries of the proposed marine reserves in Commonwealth waters should be linked to those in nearby NSW state waters. Protection in Commonwealth waters can build on the successful conservation of coastal areas, building connectivity, increasing resilience and maximising conservation outcomes across jurisdictions. For many threatened marine species, these connections are vital as they act as critical habitats in the form of migratory routes. Commit sufficient budgetary resources The Federal Government must commit sufficient budgetary resources to the establishment and management of the reserve network, including the transitional funding needed for those commercial fishers affected by the changes in protection and management. There is currently no Federal Government budget commitment for any of the marine reserve networks proposed in its bioregional 4 marine planning process. This has significantly lowered the ambition of the government in terms of the area and level of protection, which in turn has strongly influenced the design of the proposals by SEWPaC. Ensure that conservation of marine life is the primary objective The primary objective in establishing the network should be the conservation of marine life but this has been relegated to secondary status by the way in which the design goals and principles and selection criteria have been established. HSI understands that the aim in the Temperate East Marine Region has been to avoid fished areas and potential oil and gas exploration and production to minimise socioeconomic impacts. These impacts cannot assumed to be negative, as there is plenty of evidence here and overseas that protection of the marine environment from such impacts can have positive social and economic effects. Most commercial and recreational fishing is concentrated on the continental shelf, the place where much of the region’s diversity of ocean life is found. The current proposals keep open 95 per cent of the Temperate East Marine Region to recreational, charter and game fishers. Without giving protection to fished areas, the necessary recovery of marine life in the region will be undermined. The Temperate East marine reserve proposal must therefore ensure marine life is protected as the primary objective. Specific comments on the proposed reserves Each of the nine reserves proposed for the network require improvement, either in terms of increasing their overall size or the coverage of Marine National Park Zones within them. Only the boundary of one of the proposed Multiple Use Zone reserves, Hunter, includes the shelf, while the western boundaries of two others, Clarence and Jervis, stop at the shelf edge. In contrast, the Areas for Further Assessment released by the Government in 2010 included extensive areas of shelf suggesting it believed there were significant conservation values worthy of consideration for protection. The proposed Marine National Park Zones do not include five of the nine key ecological features for the region (Canyons on the Eastern Continental Slope, Shelf Rocky Reefs, Tasman Front and Eddy Field Upwelling off Fraser Island and Elizabeth Reef). The remaining four (Middleton Reef, Lord Howe Seamount Chain, Norfolk Ridge and Tasmantid Seamount Chain) would gain some Marine National Park Zone protection. Shelf rocky reefs, which are critical habitat for many species, one of the region’s ecological features and a regional priority in the draft marine plan, are largely excluded from the reserve network, as noted earlier. Recommendations for new marine reserves in the network A marine reserve should be created in south-east Queensland to protect the Fraser Shelf, Canyon and Upwelling, as well as rocky reefs, feeding grounds for humpback whales and critical habitat for loggerhead turtles. It is also an important spawning area for temperate small pelagic fish such as sardines, round herrings and Australian anchovies, and significant for juvenile and adult white sharks. Creating a reserve here would connect protected coastal waters, home to dugongs and migratory shorebirds, to deeper ocean environments, including the iconic eastern seamounts. This area is described in the draft plan as an important conservation value and as a regional priority, and was previously identified by the Government as having significant natural values when the Areas for Further Assessment were released in 2010. A new marine reserve should be created in the Tweed-Cape Byron area that would include Tweed Canyon, (only shelf-commencing canyon in the region) and Richmond Canyon, and offshore reefs of Windarra Banks and Nine Mile. The mixing of tropical and subtropical waters, large canyons, and features associated with the Eastern Australian Current combine to create an extremely significant area. Seasonal currents off Cape Byron and the Tweed Canyon result in high numbers of fish and invertebrates, attracting seabirds and predatory fish. Reef features such as the world-renowned Windarra Banks dive site provide critical habitat for the critically endangered grey nurse shark. This new reserve’s western boundary should connect with the NSW Cape Byron Marine Park to more effectively protect this highly productive habitat and assist estuary-breeding fish such as mangrove jack to access feeding areas in offshore reefs. Conclusion The Temperate East marine reserve network has the potential to provide significant protection for the 5 regions key ecological features, threatened species and the critical habitats on which they rely. However in order to provide this protection, the marine reserve network must be expanded and its protection levels increased to ensure that the significant and diverse habitats of the region are better represented and protected. Marine National Park Zones, based on mounting scientific evidence, are the best way to protect and recover ocean life in the region and ensure that nature conservation and the maintenance of ecological integrity are the primary goals for establishing the network. Amending the proposed Temperate East marine reserve network will ensure that Government objectives can be met for the benefit of our marine life. Yours sincerely Alexia Wellbelove Senior Program Manager 6