Shoalwater Bay (Dugong) Plan of Management 1997

Commonwealth of Australia

Great Barrier Reef Marine Park Act 1975

Shoalwater Bay (Dugong) Plan of

Management1

SB01/97

THE GREAT BARRIER REEF Marine Park AUTHORITY, having regard to the

protection of world heritage values of the Great Barrier Reef Marine Park,

and the precautionary principle within the meaning of section 3.5.1 of the

Intergovernmental Agreement on the Environment (a copy of which is set out

in the Schedule to the National Environment Protection Council Act 1994), has

prepared the following plan of management under Part VB of the Great

Barrier Reef Marine Park Act 1975.

Dated 20th of February 1997.

Dr Ian Mc Phail

Chairperson

Rhondda Jones   Evelyn Scott    Tom Tolhurst

     Member         Member         Member

Note: The plan of management includes alterations made by the Authority

under paragraph 39ZE (3) (a) of the Act, notice of which was published in the

Commonwealth of Australia Gazette, under paragraph 39ZE (4) (a) of the Act, on

2nd of April 1997.

INTRODUCTORY NOTE

Shoalwater Bay is an area of significant regional importance for dugongs

(Dugong dugon) because it provides the most important habitat for one of the

most substantial populations of the species remaining in the southern section

of the Marine Park. The conservation of this reservoir population is regarded

as essential for the long-term viability of the regional population.

This Plan has been prepared in response to the recent decline in dugong

numbers in the southern section of the Marine Park. The Authority considers

that a major cause of this decline is the accidental capture of dugongs in mesh

nets in the Area.

This Plan provides a framework for managing use of the Area to ensure that

dugongs are managed to enable their recovery and continued protection and

conservation.

1. Citation

This Plan may be cited as the Shoalwater Bay (Dugong) Plan of

Management.

[Notes:  1.  This Plan (except Part 4) commences on the day on which the notice referred to in

  subsection 39ZE (4) of the Act is published in the Gazette: see Act, s. 39ZF (1).

2.  Part 4 of this Plan commences on the day on which regulations made under

  paragraph 66 (2) (ba) of the Act declare that the Part takes effect: see Act,

  s. 39ZF (2).]

2. Interpretation

 2.1 In this Plan, unless the contrary intention appears:

Act   means the Great Barrier Reef Marine Park Act 1975;

Area    means the Shoalwater Bay area described in the

Schedule (and depicted generally in the map set out

in the Schedule);

cast net   has the same meaning as in the Fisheries Regulation

1995 (Qld), as in force at the date of this Plan;

collecting   has the same meaning as in the zoning plan;

dilly    has the same meaning as in the Fisheries Regulation

1995 (Qld), as in force at the date of this Plan;

Mackay/Capricorn  means the area assigned the name “Great Barrier

Section   Reef Marine Park—Mackay/Capricorn Section” by

Proclamation made under subsection 31 (1) of the Act

and published in the Gazette on 24 September 1987;

[Note: For the meaning of Gazette see Acts Interpretation Act 1901, ss. 17 (m) and 46 (1) (a).]

relevant permission  has the same meaning as in the Great Barrier Reef

Marine Park Regulations;

stowed or secured  has the same meaning as in the zoning plan;

taking    has the same meaning as in the zoning plan;

traditional hunting

and gathering   has the same meaning as in the zoning plan;

zone    means a zone referred to in the zoning plan;

zoning plan   means the zoning plan for the Mackay/Capricorn

Section which came into force on 1 August 1988,

copies of which may be obtained from the Authority.

[Note:  Unless the contrary intention appears, words and expressions used in this Plan that

are defined in the Act have the same meaning in this Plan as they do in the Act: see

Acts Interpretation Act 1901, s. 46 (1) (a). For example, the Act contains definitions of

Authority, Marine Park and vessel.]

2.2 The origin of geographical coordinates used in this Plan is the

Australian Geodetic Datum 1966 (AGD66).

2.3 The Preface, introductory notes, background notes and other notes

do not form part of this Plan, and are provided for information only.

BACKGROUND NOTE TO PART 2

Dugongs are considered vulnerable to extinction by the World Conservation

Union. In Queensland, the dugong is listed as a vulnerable animal under the

Nature Conservation Act 1992 (Qld).

Historically, dugongs have lived in waters of the western Pacific and Indian

Oceans, but human activities have caused it to disappear in much of this

region. The majority of its world population is now believed to exist in the

tropical and sub-tropical waters of Australia, although much of this area has

not been surveyed. The estimated population of the surveyed region is

around 80,000, of which about 15% (around 12,000) live in the Marine Park.

Since 1987, dugong numbers have declined by more than half in the southern

region of the Marine Park (from Cape Bedford to Hervey Bay), which includes

the Area. The Authority considers the Area to be the most important dugong

habitat in the region.

Dugongs feed on intertidal seagrass meadows in the Area. These meadows

are also harvested for fish by fishers using mesh nets, in which at least 12

dugongs are believed to have drowned in 1994 and 1995.

Further information about dugongs, and their conservation, is set out in the

Preface (Recovery plan for dugongs in Shoalwater Bay).

3. Endangered species—dugong

For paragraph 39Y (b) of the Act, the Authority considers that

Dugong dugon (commonly known as dugong) is an endangered species in the

Area.

4. Management of use

For paragraph 39Y (c) of the Act, the Authority considers that the

netting of fish is an activity that must be managed in the Area on the basis of

ecologically sustainable use.

[Note: Section 39Y of the Act sets out the objects of plans of management. Those objects are:

(a) to ensure, for particular areas of the Marine Park in which the Authority considers

 that nature conservation values, cultural and heritage values, or scientific values

 are, or may be, threatened, that appropriate proposals are developed to reduce or

 eliminate the threats; and

(b)  to ensure that species and ecological communities that are, or may become,

 vulnerable or endangered are managed to enable their recovery and continued

 protection and conservation; and

(c) to ensure that activities within areas of the Marine Park are managed on the basis

 of ecologically sustainable use; and

(d) to provide a basis for managing the uses of a particular area of the Marine Park

 that may conflict with other uses of the area or with the values of the area; and

(e) to provide for the management of areas of the Marine Park in conjunction with

 community groups in circumstances where those groups have a special interest

 in the areas concerned; and

(f) to enable people using the Marine Park to participate in a wide range of

 recreational activities.]

5. Collecting dugong

5.1 The Authority must not grant a person a relevant permission to enter

into or use a zone in the Area for the purpose of collecting dugong, unless the

collecting is for the conduct of research.

5.2 However, the Authority may grant a person a relevant permission to

enter into or use a zone in the Area for the purpose of traditional hunting and

gathering (including the traditional hunting and gathering of dugong).

INTRODUCTORY NOTES TO PART 4

1.  Regulations may be made providing for giving effect to the enforcement

provisions of a plan of management or to the enforcement provisions of an

amendment of a plan of management: see Act, paragraph 66 (2) (ba).

2.  The Act provides for offences in relation to:

(a) the use or entry of a zone for a purpose other than a purpose

 permitted under a zoning plan; or

(b) the use or entry of a zone without a relevant permission where

 permission is required under the zoning plan; or

(c) the contravention of a condition to which a relevant permission is

 subject.

See Act, ss. 38A, 38B and 38C.

6. Restrictions on the use of nets in the Area

6.1 This clause does not apply to a person who uses or enters the Area

only for a purpose mentioned in paragraph 16 (a) or (b) of the zoning plan.

[Note:  Clause 16 of the zoning plan relevantly provides that a zone or designated area may

 be used or entered for the purpose of :

“(a) saving human life or avoiding the risk of injury to a human being;

  (b) locating or securing the safety of an aircraft, vessel or structure which is, or may

 be, endangered by stress of weather or by navigational or operational hazards;”.]

6.2 A person must not have in the Area a net that is capable of being

used for the taking of fish.

6.3 However, a person may have in the Area a net that is capable of

being used for the taking of fish if:

(a) the person has a relevant permission granted for the conduct of

 research; or

(b) the net is part of a dilly for use only to catch crabs; or

(c) the net is a cast net that:

(i) is for use only to catch fish for bait; and

(ii) is not more than 6 metres in diameter; and

(iii) has a mesh size of not more than 28 millimetres.

6.4 A person must not have more than 1 cast net in the Area at any time.

6.5 To avoid doubt, a person may be taken to have a net in the Area

whether or not the net is stowed or secured.

7. Collecting dugongs

A person must not collect a dugong in the Area except in accordance

with a relevant permission.

8. Interference with dugongs

8.1 A person must not interfere with a dugong, or the carcass of a

dugong, in the Area, except in accordance with a written authority given by

the Authority.

8.2 In this clause, “interfere with” does not include collect, whether by

traditional hunting and gathering or by other means.

SHOALWATER BAY AREA

The Area is that part of the Marine Park bounded by a line:

(a) commencing at the easternmost intersection of the coastline of the

 mainland at low water by the parallel of latitude 22°19’38.6” south

 (that is, at Macdonald Point); and

(b)  running then generally north-easterly along the geodesic to the

 westernmost intersection of the coastline of Swan Island at high water

 by the parallel of latitude 22°19’19.8” south; and

(c)  then generally northerly, easterly and southerly along the coastline of

 that island at high water to the easternmost intersection of that

 coastline by the parallel of latitude 22°19’19.8” south; and

(d)  then generally north-easterly along the geodesic to the northernmost

 intersection of the coastline of Townshend Island at low water by the

 meridian of longitude 150°28’42.0” east, in the vicinity of Cape

 Townshend; and

(e)  then generally south-easterly, southerly, south-easterly and southerly

 along the eastern coastline of Townshend Island at low water to the

 easternmost intersection of that coastline by the parallel of latitude

 22°17’50.8” south; and

(f)  then generally southerly along the geodesic to the northernmost

 intersection of the coastline of the mainland at low water by the

 meridian of longitude 150°33’55.1” east, in the vicinity of Reef Point;

 and

(g)  then generally south-westerly, southerly, south-easterly, westerly and

 north westerly along that coastline at low water to the point of

 commencement.

Map of Area

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NOTE

1. Notified in the Commonwealth of Australia Gazette on 2nd of April 1997.