There is some doubt as to the veracity of claims of several GNS kills attributed to fishermen:
Grey Nurse Sharks killed - A NSW scandal
------------------------------------------------------------In early December 2007 the Narooma Port Committee (Narooma NSW) lodged an FOI with Department of Primary Industries for information about the 6 GNS deaths allegedly recorded between 2002 and 2006 at Montague Island.
Otway had claimed that 6 GNS had been killed in evidence he tendered to the AAT Hearing in April 2007. The Nature Conservation Council came out with a media release "6 Grey Nurse Sharks killed at Montague Island .. Extra protection required." (ie. Banning fishing 1500m around Montague, plus all other GNS aggregation sites).
Otway also claimed:
Two killed at Little Broughton Island (Port Stephens)
Two killed at Tollgate Islands (Batemans Bay) by spearfishers
One killed at Magic Point
One killed at Bass Point
One killed at Cod Grounds
We received the hard copy information just before the New Year. They consisted of "reporting sheets" and one email, rather than scan them (I don't have a scanner!!) I have transcribed what was on the sheets below.
I wonder what right does Otway have to accept these ANECDOTAL reports about GNS deaths, present them to a court hearing AS EVIDENCE ... and get away with it.
What right does HE have to disregard any anecdotal evidence about GNS numbers when his own study ("Mark recapture population estimate and movement of Grey Nurse sharks") is nothing more than a non peer reviewed study using anecdotal data. Justice Downes in the decision handed down by the AAT said it "was unreliable".
NSW DPI announced extra protection for the GNS that was implemented in November 2002 at 10 "aggregation sites". At all the "Aggregation sites" there was a Critical Habitat zone, and a Buffer zone implemented. Recreational and commercial fishers using Montague Island could "live" with these changes. The protection has been reinforced with GREATER restrictions that are more difficult to live with at the North end of the Island.
Looking at the list, 4 of the 6 deaths occurred prior to the introduction of the CHZ and buffer zone in October 2002. The 5th and 6th deaths REALLY stretch my plausibility scale, apparently not Otway's.
So a media release could either be headed
a. "Regulations introduced in 2002 have saved the Grey Nurse Shark ? Narooma Port Committee demands repeal of new regulations introduced with Batemans Marine Park"
OR
b. "Six Grey Nurse shark kills at Montague Island confirm Narooma Port Committee?s suspicions of anecdotal evidence passing as fact in NSW Fisheries"
1st.
24 February 2002. "Scuba diver saw 2 recreational fishers in boat near shark gutter using rods. Very small GNS (1 - 1.2m) landed and not released. Boat left the area 30minutes later (no claspers present).
Tried to contact NSW Fisheries officers but could not even leave message. She was not pleased and decided to ring tagging hotline to leave information in the hope something could be done."
Neither the surname or contact phone numbers taken.
How could this person identify the Shark, and sex and not take the boat details to report? There is a penalty of up to $220,000 for illegally catching and keeping a GNS
2nd.
March 2002 - Scuba Divers (x 4) "Shark dead on setline near shark gutters on Nth end of Montague Island. GNS was lying on the bottom (ventral surface up) with Wobbegong setline snood out of mouth and wrapped around gills of shark and attached to line. Shark was dead. 1.2m Female"
3rd.
March 2002 - Scuba divers (x4) "Shark was hooked on setline with line (wire trace) passing out of LHS of mouth. No signs of life when touched. Shark was on opposite end of setline as other shark. Shark appeared to have rolled around float line which was wrapped around the tail. 1.5m female"
#2 and #3 are reported by the same group; amazingly the same wobbegong set line catches 2 GNS in one fell swoop.
4th.
April 2002 - Scuba diver from Narooma "Name withheld because of concerns over local fishers attitudes. Shark was dead on Wobby setline. Montague Island Shark gutter. 1.3m Female"
5th.
21st March 2004 - 300m North of Montague Island (NW corner). Otway noted on the recapture form that he rang and spoke to the fisher for further details. Additional to this report is an email from Dr. Wayne O'Connor, Research Scientist Port Stephens who sent Otway an email which reads:
"Nick - FYI I have just spoken to an oyster farmer/keen amateur fisherman who has been out with some friends at Montague Island. They said they were well and truly outside the protected zone and managed to catch 6 small GNS, none of which were tagged. (name deleted) is pretty reliable (he has just been appointed to (organization deleted) so I tend to believe that they were wide of the protected zone and that they had some idea of what they were looking at. I seem to recall there was a sheet to record sitings (sic)
Dr. Wayne O'Connor".
Recorded by Otway on sheet
"GNS caught on 50lb braid with 50lb mono leader. Bait slimey mackerel cube, 4/0 snapper hook (J shape). Water temp 21c. Shark appeared to be gut hooked ? blood out of gills, shark was released after line cut with hook in place. Female 2.1m"
6th.
22nd March 2004, "Montague Island, eastern side, outside of Critical habitat zone". Otway recorded exactly the same details for this shark as for #5, except this one was 1.5m. female. It was not recorded as being released.
#5 and #6 again are amazingly coincidental in that the same fishing group allegedly catch (and kill, although not a given) 2 GNS amongst at least 8 (although, see below) caught.
According to records on 21st March 2004, the winds were blowing at 25-30knots from the South at Montague Island. All the charter boats had cancelled their trips. No boats were logged in by the Coastal patrol as fishing outside ON THAT day.
In relation to Sharks #5 and #6
Was Otway not concerned at the apparent daily slaughter occurring on 21st and 22nd. March 2004??
If not, was Otway concerned at the anomaly that two sharks were caught on consecutive days by the same group of fishermen?? ? Apparently not
This incident was raised by Peter Gallagher NSW DPI at a charter boat fishing meeting in relation to the BMP in August 2006. At that meeting the charter boat operators stated that none of them had caught any GNS in periods of up to 30 years at Montague Island. Gallagher countered with the statement that he was told of someone catching 7 GNS in a day. He also stated at that meeting that these were reliable reports as the fishers were from the Melbourne Aquarium, he did NOT mention that allegedly two had died.
Confirmation was sought about this, and a local Charter boat skipper subsequently received the following email via Tracey MacDonald
Dr Tracey MacDonald
Senior Manager, Marine Parks
Locked Bag 1
NELSON BAY NSW 2315
Mob: 0427919025
Fax: 02 49163880
-----Forwarded by Tracey Macdonald/DPI/NSW on 09/11/2006 08:25AM -----
To: Tracey Macdonald/DPI/NSW@NSW
From: Peter Gallagher/DPI/NSW
Date: 09/07/2006 06:07PM
Subject: Norm Ingersole
Tracey,
1. For privacy reasons we will not name the person that provided the report. Details of the report are:
Date of report: 31 March 2004
Date of fishing event: 21 March 2004
Location: Approx 300m off north east end of Montague Island
Water depth: Approx 35m
Water temperature: 21 C
Gear: 4/0 snapper hooks, 50lb mono leader, 50lb braid
Bait: Cubed slimy mackeral targetting morwong
7 grey nurse shark hooked. 1 brought to boat and leader cut, hook left embedded. Female approx 7ft in length no visible tag. 6 brought to within sight before breaking off
Clearly it could be seen that the "GNS deaths" sound very much like a figment of someone's imagination. The only report that could have some veracity would be #4.
* Four have been reported by Scuba divers (who have a vested interest in stopping fishing at Montague Island) and the other two are very suspicious in that there is a vested interest from the Melbourne Aquarium to demonstrate that GNS are being caught to further enhance the $600,000 grant from State fisheries to proceed with the GNS artificial breeding program.
* There are two groups of "twin sightings" of dead sharks, or "twin shark" captures, both of which subsequently "died"
* NO verifiable reporting
* NO Post-mortem reports
* Given that 4 of these "Deaths" occurred prior to the CHZ at Montague Island being implemented (November 2003) the Narooma Port Committee believes that the restrictions placed on rec and commercial fishermen at that time (CHZ and Buffer zone) does NOT warrant the extra restrictions put in place with the final zoning plan for the Batemans Marine Park.
* The Narooma Port Committee is considering putting our claims about the alleged capture of Sharks #5 and #6 in front of the Independent Commission against Corruption (ICAC)