Solitary Islands Marine Reserve
(Commonwealth Waters) Management Plan

6. Managing the Solitary Islands Marine Reserve

As required by the EPBC Act, this section of the Plan states how the Reserve is to be managed and how its natural features will be protected and conserved. It also indicates those activities to be prohibited or regulated in the Reserve, and the means of prohibiting or regulating them. It sets out strategic objectives, management goals and management strategies to ensure that the conservation values of this outstanding area receive an appropriate level of protection. To the maximum extent possible, these will be consistent with the management regime to be developed by the NSW MPA for the Park. Accordingly, the zones applied to the Commonwealth Reserve have similar provisions to the zones used in the adjoining State marine park.

Consistent with the ANZECC Best Practice Model in Performance Reporting in Natural Resource Management (ANZECC 1997), the management goals and strategies derive from the requirements of the EPBC Act, the strategic objectives for the Reserve and an analysis of the existing and potential pressures on the key values of the Reserve . The values and major uses of the Reserve are described in Section 4.

6.1 Management Zoning

The primary management tool used to protect habitats and species in the Park and the Reserve is zoning. As noted earlier the Plan divides the Reserve into three zones. Under the EPBC Act the zones will be managed in accordance with the Australian IUCN Reserve Management Principles which are prescribed by the EPBC Regulations . The zones also take into account the NSW MPA zoning guidelines for consistency and ease of implementation, compliance and enforcement.

For the purposes of global accounting of protected areas the IUCN has provided guidelines for naming protected areas according to core objectives and management practices (IUCN 1994). The IUCN categories range from category I - strict nature reserves managed for science or wilderness protection, through to category VI - managed resource protected areas managed mainly for the sustainable use of natural ecosystems. Under the EPBC Act an IUCN category must be assigned to a reserve and any zones within it.

In order to achieve the strategic objectives of the Reserve, the Reserve will be managed primarily for general use to allow for the continuation of all ecologically sustainable activities currently undertaken within the Reserve, in conjunction with measures to maintain its biological diversity and other natural values. The Reserve is therefore assigned by the Plan to IUCN category VI - a managed resource protected area. The Plan divides the Reserve into three zones designed to protect representative habitats and known areas of relatively high biodiversity where identified use pressures will or are likely to have significant impacts on marine ecological processes and threatened species.

Most of the Reserve is a General Use Zone (IUCN category VI) with two special management zones in the northern section of the Reserve - a Sanctuary Zone (IUCN category Ia - strict nature reserve), and a Habitat Protection Zone (IUCN category IV - habitat/species management area). Figure 2 shows the location of the zones in the Reserve.

6.1.1 Sanctuary Zone

This management zone extends in a radius of 500 metres around the centre of Pimpernel Rock. The zone provides high level protection for a single sample of pinnacle reef habitat at Pimpernel Rock, its biologically diverse ecosystems, ecological processes and associated marine species. In particular, the Sanctuary Zone gives high level protection to significant habitat for grey nurse sharks; this is consistent with the recovery plan for this threatened species being prepared under the EPBC Act.

It is a 'no-take' zone, in which activities that may harm marine life or interfere with or damage habitat will be prohibited without a permit under the EPBC Act or Regulations. Fishing and collecting will not be allowed in this zone by any method, nor will petroleum and or mineral exploration and development activities.

Activities to continue in the Sanctuary Zone, in conjunction with appropriate management measures such as permits, include scientific research and environmental monitoring, whale and dolphin watching, boating and scuba diving.

Management goals

• Protect the benthic ecosystems, ecological processes and the environmentally sensitive structure of Pimpernel Rock and surrounding subtidal reefs from human impacts.
• Facilitate the recovery of grey nurse sharks in ways consistent with recovery plan actions that apply to key aggregation sites in marine protected areas.
• Encourage non-intrusive scientific research that is consistent with protecting the conservation values of the Sanctuary Zone.

Management strategies

• No fishing (commercial fishing, recreational fishing, charter fishing, breath-held spearfishing, or collecting etc) will be allowed within the Sanctuary Zone.
• No mining operations, including petroleum and mineral exploration and development activities, will be allowed within the Sanctuary Zone.
• All scuba diving activities will require a permit to access the Sanctuary Zone. EA will liaise with the NSW MPA, scuba diving charter operators and the Scuba Clubs Association of NSW to develop and implement a code of practice as a condition of a permit for scuba diving in the proximity of grey nurse sharks and environmentally sensitive areas.
• Continue to monitor the impacts of scuba diving on the key conservation values of the Sanctuary Zone. The Director may prohibit or restrict scuba diving in parts of the Reserve and or for particular periods of time consistent with the protection and conservation of biodiversity in the Reserve.
• Passive recreational boating and yachting activities will be allowed in the Sanctuary Zone. Trolling from these vessels will not be allowed in the Sanctuary Zone.
• Chartered whale watching activities will be allowed within the Sanctuary Zone and regulated by permit under Part 17 of the EPBC Regulations 2000. Permits will be issued consistent with the NSW MPA policy on charter permits.
• Liaise with the NSW MPA and key stakeholders to prepare and distribute educational and interpretative material for charter operators, including information on EPBC Regulations on whale watching activities and the Australian National Guidelines for Cetacean Observation (ANZECC 2000).
• Enforce EPBC Regulations pertaining to whale watching.
• Investigate the effectiveness of moorings at Pimpernel Rock and if appropriate install to minimise damage from anchoring at this environmentally sensitive site.4
• Provide opportunities for scientific research, in particular projects on grey nurse shark and pinnacle habitats and communities, as is consistent with the strategic objectives of the Reserve.

4 This is consistent with the NSW Marine Parks Act 1997, which states that no anchoring is permitted in Sanctuary Zones except in designated anchoring areas.

6.1.2 Habitat Protection Zone

The benthic coral, algal, soft substrate sediments, subtidal reefs and deep water habitats comprise a complex mosaic of connected communities that cannot be managed separately. The Habitat Protection Zone has been designed to protect a representative sample of whole reef complex, including soft substrate sediments and subtidal reef habitats, deep water biotic communities and predator-prey assemblages, mammals and seabirds.

The zone extends southwards from the northern boundary of the Park and Reserve to a latitude 29° 44' 49" in line with the headland at One Tree Point. The zone protects the adjacent deep reefs to the south east of Sandon Shoals and encompasses the Sanctuary Zone around Pimpernel Rock.

The zone provides for ecologically sustainable recreational and commercial activities that are consistent with the strategic objectives of the Reserve. In particular, the activities should not have significant impacts on fish populations, benthic communities and other marine life and habitats. Activities such as demersal trawling, purse seineing, coral collecting, and petroleum and mineral exploration and development will not be allowed. Activities which may continue in the zone, in conjunction with appropriate management measures and monitoring of impacts, include commercial pelagic fishing, handlining, droplining, demersal setlining, fish and lobster trapping, spanner crab netting, recreational fishing, scuba diving, whale and dolphin watching and boating.

Management goals

• Protect a representative sample of whole reef complex, including soft substrates and deeper water habitats and biotic communities.
• Eliminate damage to habitats and biotic communities from demersal trawling, purse seineing, coral collecting, and petroleum and minerals exploration and development activities.
• Ensure that activities such as scuba diving, scientific research, commercial and recreational fishing are sustainable and compatible with the protection of habitats and biotic communities and other strategic objectives of the Reserve

Management strategies

• Recreational fishing including breath-held spearfishing will be allowed within the Habitat Protection Zone, subject to any determinations made by the Director under the EPBC Regulations. As a minimum requirement management of these activities will be consistent with the legal lengths, catch limits, permitted gear and other regulations that apply to marine recreational fishing under the NSW Fisheries Management Regulations 1995.
• Commercial pelagic fishing, handlining, droplining, demersal setlining, lobster and fish trapping and spanner crab netting will be allowed within the Habitat Protection Zone and regulated by permit under Part 17 of the EPBC Regulations 2000. Wire traces will not be allowed on any line fishing gear used in the Habitat Protection Zone.
• Impacts of commercial fishing activities will be monitored and assessed to ensure sustainable harvest of certain fish species and protection of habitats and biodiversity values. If necessary, determinations made by the Director under the EPBC Regulations will restrict practices and gear to be used. As a minimum requirement these activities will be managed consistent with the legal lengths, catch limits, permitted gear and other regulations under the NSW Fisheries Management Regulations 1995.
• Demersal trawling and purse seineing will not be allowed within the Habitat Protection Zone.
• Coral collecting will not be allowed within the Habitat Protection Zone. Collecting of other species such as shells and aquarium fish may only be carried out with the approval of the Director and will be considered on the basis of the species collected and impacts of collecting activities on habitats.
• Commercial charter fishing and other charter activities will be allowed within the Habitat Protection Zone and regulated by permit under Part 17 of the EPBC Regulations 2000. Permits issued will be consistent with the NSW MPA policy on charter permits.
• Liaise with the NSW MPA and key stakeholders to prepare and distribute educational and interpretative material for charter operators, including information on EPBC Regulations on whale watching activities and the Australian National Guidelines for Cetacean Observation (ANZECC 2000).
• Enforce EPBC Regulations pertaining to whale watching.
• Scuba diving will be allowed within the Habitat Protection Zone.
• In consultation with the NSW MPA and fishing clubs develop codes of practice as a condition on permits issued to conduct fishing competitions in the Habitat Protection Zone.
• In consultation with the NSW MPA, provide boaters with advisory material on how to minimise damage to reefs from anchoring.
• No mining operations, including petroleum and mineral exploration and development activities will be allowed within the Habitat Protection Zone.
• Implement management strategies and practices outlined in Section 6.2 associated with regulating activities in the Reserve to ensure sustainable use of the Reserve.

6.1.3 General Use Zone

The General Use Zone comprises the remaining area of the Reserve and provides for the the continuation of all ecologically sustainable activities currently undertaken within the Reserve, in conjunction with appropriate management measures to maintain its biological diversity and other natural values. Management practices will be applied to ensure that sustainable commercial and recreational use of the zone contributes to regional and national development that is consistent with the strategic objectives of the Reserve. Proposals for new activities in the zone will be considered for approval by the Director on a case-by-case basis to ensure consistency with this Plan.

Management goals

• Protect the biological diversity and other natural values of the Reserve from unsustainable human activities.
• Provide access for activities that contribute to regional and national development to the extent this is consistent with the strategic objectives of the Reserve.

Management strategies

• Allow for continuation of all existing activities within the General Use Zone compatible with the strategic objectives of the Reserve, the EPBC Act and Regulations and other relevant legislation.
• Permits will be issued consistent with the NSW MPA policy on charter permits.
• All fishing activities may be subject to determinations or permits made by the Director under the EPBC Regulations on practices and gear to be used to ensure sustainable harvest of certain fish species and protection of habitats and biodiversity values. As a minimum requirement, management of all fishing activities will be consistent with the legal lengths, catch limits, permitted gear, and other regulations that apply to marine recreational and commercial fishing under the NSW Fisheries Management Regulations 1995.
• Trawling and purse seineing will be phased out over the life of this management plan. The manner in which this will occur will be discussed with representatives of fishing interests and given effect through determinations made by the Director under the EPBC Regulations.
• Implement management strategies and practices outlined in Section 6.2 associated with regulating activities in the Reserve to ensure sustainable use of the Reserve.

6.2 Management of Major Pressures and Uses

In addition to zoning and the provisions of the Plan applying to each zone, the carrying on of activities in the Reserve may also be subject to provisions of the EPBC Act (for example in relation to listed species) and EPBC Regulations (for example Part 12 of the Regulations regulates a range of activities in Commonwealth reserves), including provisions relating to the issue of permits. Other legislation such as the Historic Shipwrecks Act 1976, Native Title Act 1993, Fisheries Management Act 1991 (Commonwealth) and Fisheries Management Act 1994 (NSW) may also be relevant to control activities in the Reserve. Other non-statutory management tools such as scientific research, public education, codes of practice and protocols may also be applied to inform and improve management and compliance.

This section deals with particular activities identified as a major source of pressure on the protection or conservation of biodiversity values in the Reserve. This section incorporates parts of Section 6.1 that are relevant to the management of these activities in each management zone. Sections 6.1 and 6.2 should be read together to obtain a complete description of management arrangements that apply in the Reserve for the life of this Plan.

The general arrangements applying to implementation of the Plan are as follows:

• The NSW MPA will provide overall coordination and implementation of management in consultation with Environment Australia. An integrated permit system will be developed to provide legal access to the Reserve and the Park. The permit system will recognise and be consistent with any other Commonwealth arrangements for the delegation of permits that provide access to Commonwealth reserves. Permits for the Reserve will be administered under Part 17 of the EPBC Regulations in relation to relevant activities.
• Commercial and scientific activity that is allowed by this Plan will require a permit subject to conditions under EPBC Regulations. Permitted activities such as whale watching must also be carried on in accordance with the requirements of other relevant Commonwealth or State legislation and regulations.
• All fishing activities may be subject to determinations or permits made by the Director under the EPBC Regulations on practices and gear to be used to ensure sustainable harvest of certain fish species and protection of habitats and biodiversity values. As per EPBC Regulations 12.34 and 12.35 such determinations may regulate the kind of fishing gear to be carried or used and specified practices in commercial and recreational fishing. Notice of determinations must be published unless made to deal with an emergency that may endanger public safety. As a minimum requirement management of all fishing activities will be consistent with the legal lengths, catch limits, permitted gear and other regulations that apply to marine recreational and commercial fishing under the NSW Fisheries Management Regulations 1995.
• A permit for commercial fishing will not be required if the Director considers that the existing concession is sufficient to ensure the activity is compatible with the strategic objectives of the Reserve or zones within the Reserve.
• Considerations for the granting of permits for commercial activities, while focusing primarily on potential impacts on the values for which the Reserve was declared, will also consider broader biodiversity conservation issues and species for which the Commonwealth has national and international responsibilities. These include, for example, cetaceans and other listed marine species and listed migratory species.
• Applications for permits will be consistent with the NSW MPA policy on charter permits. Permits will be considered on a case by case basis and may be cancelled or suspended, or the permit conditions revoked or varied, if there has been a change in any matter that the EPBC Regulations requires to be taken into account in deciding whether to issue a permit. Examples of relevant matters are: consistency with this Plan, and the activity must not be likely to unduly interfere with the preservation or conservation of the biodiversity in the Reserve.
• Notwithstanding the zoning arrangements specified in Section 6.1, the Director may prohibit or restrict a person entering the Reserve or activities in parts of the Reserve and or for particular periods of time to be consistent with the protection or conservation of biodiversity in the Reserve.
• Relevant Commonwealth and State government agencies and users of the Reserve will be advised of the location of the zones within the Reserve, management prescriptions and the significance of its primary conservation values. Environment Australia will work closely with the NSW MPA, NSW Fisheries, AFMA, Coastwatch, and other stakeholders regarding surveillance, enforcement and compliance activities, and to monitor the level of fishing and vessel activity in the Reserve.

6.2.1 Commercial Fishing and Collecting

A small but significant commercial fishery operates in the Commonwealth Reserve. The main activities include line fishing, fish trapping and prawn trawling. Commonwealth managed fisheries potentially active in the Reserve include the Southern Squid Jig Fishery, the East Coast Tuna and Billfish Fishery, the Jack Mackerel Fishery and three purse seiners in the South East Non-Trawl Fishery. NSW Fisheries manage all other commercial fishing activities in the Reserve.

Under the EPBC Regulations, subject to this Plan, all commercial fishing activities conducted in the Reserve must be authorised by either a law of the Commonwealth, a State or self-governing Territory; or a permit issued by the Director. As explained above, permits may be required or determinations made under the EPBC Regulations in cases where the Director considers that further conditions are required in addition to the requirements of a fishing concession to ensure the activity is compatible with the strategic objectives of the Reserve or zones within the Reserve.

Key potential pressures include

• Incidental catch of sharks and rays, especially grey nurse sharks, especially through the use of wire traces on demersal setlines and droplines.
• Disturbance of seafloor habitats by demersal trawl gear.
• Collection of marine species such as corals and aquarium fish for commercial use.
• Entanglement of whales in trap buoy lines.
• Discarded waste, fishing gear and sewage from vessels.
• Impacts of fishing on predator-prey relationships and ecological processes

Management goals

• Ensure that commercial fishing activities in the Reserve are ecologically sustainable and consistent with the strategic objectives of the Reserve.
• Protect grey nurse shark, other listed marine species, and listed migratory species from incidental or deliberate capture.
• Protect a representative sample of whole reef complex, including soft substrate sediments and subtidal reef habitats, deep water biotic communities and predator-prey assemblages, mammals and seabirds from demersal trawling, purse seineing, specified collecting activities, and petroleum and mineral exploration and development.

Management strategies

• Commercial fishing and collecting activities will not be allowed within the Sanctuary Zone.
• Commercial pelagic fishing, handlining, droplining, demersal setlining, lobster and fish trapping and spanner crab netting will be allowed within the Habitat Protection Zone and regulated by permit under Part 17 of the EPBC Regulations 2000. Wire traces will not be allowed on any line fishing gear used in the Habitat Protection Zone.
• Sustainable commercial fishing will be allowed within the General Use Zone. Trawling and purse seineing will be phased out over the life of this Plan. The manner in which this will occur will be discussed with representatives of fishing interests and given effect through determinations made by the Director under the EPBC Regulations.
• All fishing activities may be subject to determinations or permits made by the Director under the EPBC Regulations on practices and gear to be used to ensure sustainable harvest of certain fish species and protection of habitats and biodiversity values. As per EPBC Regulation 12.34 such determinations may regulate the kind of fishing gear to be carried or used and specified practices in commercial fishing. As a minimum requirement management of all fishing activities will be consistent with the legal lengths, catch limits, permitted gear and other regulations that apply to commercial fishing under the NSW Fisheries Management Regulations 1995.
• Where existing fishing concessions are inconsistent with the objectives of the Reserve, develop permit conditions for commercial fishing operations allowed by this Plan in consultation with the NSW MPA, industry groups, NSW Fisheries and AFMA.
• Demersal trawling and purse seineing will not be allowed within the Habitat Protection Zone.
• Commercial coral collecting will not be allowed within the Habitat Protection Zone. Collecting of other species may only be carried out with the approval of the Director and will be considered on the basis of the species collected and impacts of collecting activities on habitats.

6.2.2 Recreational Activities

The recreational values of the Reserve depend largely on the physical attributes of the area and on the abundance, diversity and beauty of the marine wildlife in waters with high visibility. Recreational users rely on private vessels or commercial charter boats to access the Reserve. Specific recreational activities include boating, yacht racing, whale and dolphin watching, scuba diving, breath-held spear fishing and other fishing. Management prescriptions relating to recreational activities organised by commercial charter are discussed in Section 6.2.3.

Yacht racing within the Reserve and the Park is currently managed by the Waterways Authority of NSW, which issues licences for racing events. Under an agreement with the Waterways Authority, the NSW MPA will be consulted prior to issue of licences for yacht racing. Where no grounds for objection exist, EA and the NSW MPA will recognise Waterways Authority licences for the purposes of the Marine Parks Regulation 1999 and EPBC Regulations. No additional permit would be required for approved events.

Key potential pressures include

• Impacts on sensitive species and habitats from inappropriate visitor behaviour, over-fishing and collecting.
• Impacts on predator-prey relationships from selective targetting of fish species.
• Diminished recreational experiences arising from overcrowding and conflict between different user groups and within activities.
• Significant damage to or removal of habitat and fauna.

Management goals

• Ensure that recreational activities within the Reserve are compatible with the strategic objectives of the Reserve.
• Promote awareness of the EPBC Regulations in regard to the protection and conservation of cetaceans and how whale watching activities must be carried out.
• Promote the appreciation and enjoyment of the Reserve in a way that does not impact adversely on the values of the Reserve.
• Ensure that appropriate anchoring and mooring sites are available.

Management strategies

• Recreational fishing including breath-held spearfishing and collecting will not be allowed within the Sanctuary Zone.
• Passive recreational boating and yachting activities will be allowed in the Sanctuary Zone and elsewhere in the Reserve. Trolling from these vessels will not be allowed in the Sanctuary Zone. In consultation with the NSW MPA provide boaters with advisory material on how to minimise damage to the reef from anchoring.
• Recreational fishing including breath-held spearfishing will be allowed within the Habitat Protection Zone and General Use Zone, subject to any determinations made by the Director. As a minimum requirement management of these activities will be consistent with the legal lengths, catch limits, permitted gear and other regulations that apply to marine recreational fishing under the NSW Fisheries Management Regulations 1995.
• In consultation with the NSW MPA and fishing clubs, develop codes of practice as a condition on permits issued to conduct fishing competitions in the Habitat Protection Zone and General Use Zone.
• Coral collecting will not be allowed within the Habitat Protection Zone. Collecting of other species may only be carried out with the approval of the Director and will be considered on the basis of the species collected and impacts of collecting activities on habitats.
• Chartered whale watching activities will be allowed within all zones of the Reserve and regulated by permit under Part 17 of the EPBC Regulations 2000. Permits will be issued consistent with the NSW MPA policy on charter permits.
• Liaise with the NSW MPA and key stakeholders to prepare and distribute educational and interpretative material for charter operators, including information on EPBC Regulations on whale watching activities and the Australian National Guidelines for Cetacean Observation (ANZECC 2000).
• Enforce EPBC Regulations pertaining to whale watching.
• Recreational scuba diving will be allowed in all zones of the Reserve with continued monitoring of the impacts of scuba diving on the key conservation values of the Sanctuary Zone. All scuba diving activities will require a permit in the Sanctuary Zone. EA will liaise with the NSW MPA, scuba diving charter operators and the Scuba Clubs Association of NSW to develop and implement a code of practice as a condition of a permit for scuba diving in the proximity of grey nurse sharks and environmentally sensitive areas. The Director may prohibit or restrict diving in parts of the Reserve and or for particular periods of time to be consistent with the protection or conservation of biodiversity in the Reserve.
• Investigate the effectiveness of moorings at Pimpernel Rock and if appropriate install to minimise damage from anchoring at this environmentally sensitive site.

6.2.3 Commercial Tours

A number of commercial operators run charter tours in the Reserve. The main activities are whale and dolphin watching, scuba diving and charter fishing. Whale and dolphin watching is an increasingly important activity in the Reserve. The Australian National Guidelines for Cetacean Observation (ANZECC 2000) and the EPBC Act and Regulations provide standards for all human activity around cetaceans.

Under the EPBC Regulations, all commercial activities conducted in the Reserve require a permit. There are 34 commercial tour operator permits currently active in the Park and the Reserve. Concern that an increase in charter operators and vessel capacities is not sustainable led the NSW MPA to issue a moratorium on new commercial charter operator permits. This moratorium was considered necessary during the current review and completion of management plans for the Park and the Reserve. Both new and existing permit holders will be reviewed according to the new permit system currently being devised. Decisions to issue commercial tour permits in the Reserve will be considered on a case by case basis and remain consistent with the NSW MPA policy on charter permits.

Key potential pressures include

• Impacts on sensitive species and habitats from inappropriate visitor behaviour
• Diminished recreational experiences arising from overcrowding and conflict between different user groups and within activities.
• Significant damage to or removal of habitat and fauna.

Management goals

• Allow access to the Reserve by visitors who do not have private means of accessing the area.
• Ensure that commercial operators conduct their activities in a manner which is safe and ecologically sustainable and consistent with the strategic objectives of the Reserve.
• Both enhance the experience and reduce the environmental impact of visitors to the Reserve by providing educational and interpretative material.

Management strategies

• Charter fishing will not be allowed within the Sanctuary Zone.
• All other commercially organised recreational activities in the Reserve will be allowed but will require a permit under the EPBC Regulations. Permits may be issued provided the total number of permits issued and the nature of the proposed tour or recreation activities are consistent with the above management goals and the NSW MPA policy on charter permits.
• In consultation with the NSW MPA and tourism industry representatives, develop permit conditions for commercial tour activities in the Reserve which are consistent with the EPBC Regulations and the strategic objectives of the Reserve.
• In consultation with the NSW MPA and fishing clubs develop codes of practice as a condition on permits issued to conduct fishing competitions in the Habitat Protection Zone and General Use Zone.
• Charter scuba diving operators will be allowed in all zones of the Reserve with continued monitoring of the impacts of scuba diving on the key conservation values of the Sanctuary Zone. The Director may prohibit or restrict diving in parts of the Reserve and or for particular periods of time consistent with the protection or conservation of biodiversity in the Reserve.
• Liaise with the NSW MPA, scuba diving charter operators and the Scuba Clubs Association of NSW to develop and implement a code of practice as a condition of a permit for diving in the proximity of grey nurse sharks and environmentally sensitive areas.
• Chartered whale watching activities will be allowed within all zones of the Reserve and regulated by permit under Part 17 of the EPBC Regulations 2000. Permits will be issued consistent with the NSW MPA policy on charter permits.
• Liaise with the NSW MPA and key stakeholders to prepare and distribute educational and interpretative material for charter operators, including information on EPBC Regulations on whale watching activities and the Australian National Guidelines for Cetacean Observation (ANZECC 2000).
• Enforce EPBC Regulations pertaining to whale watching.
• Investigate the effectiveness of moorings at Pimpernel Rock and install if appropriate to minimise damage from anchoring at this environmentally sensitive site.

6.2.4 Petroleum and Mineral Exploration and Development

Due to the sedimentary characteristics within the Reserve, the hydrocarbon potential is considered negligible and no exploration or development activities are expected in the Reserve. Potential petroleum source rocks may exist outside the Reserve; however, no exploration permits have been released over the area to date.

The EPBC Act prohibits operations for the recovery of minerals in a reserve other than with the approval of the Governor-General and in accordance with a management plan.

Key potential pressures include

• Accidental discharge of substances caused by leakage, spillage or blow-out.
• Potential disturbance to sensitive marine species from emission of high energy low frequency noise during seismic surveys.
• Rig and supply vessel anchors and pipelines which may negatively impact on bottom sediments or subtidal reef structures.

Management goals

• Ensure there is no damage to the biodiversity values and other natural values of the Reserve from petroleum and mineral exploration and development activities.

Management strategies

• No mining operations, including petroleum and mineral exploration and development activities, will be allowed within the Sanctuary Zone and the Habitat Protection Zone.
• All proposed mining operations within or in the vicinity of the Reserve will be referred by either the proponent or the Director of National Parks to determine whether the action is likely to have a significant impact on a matter of 'national environmental significance' under the EPBC Act.
• Liaise with the NSW MPA, the Commonwealth Department of Industry Science and Resources and the NSW Department of Minerals Resources prior to the granting of permits for exploration and or development in or in the vicinity of the Reserve.

6.2.5 Scientific Research and Monitoring

Scientific research and monitoring are both a use of the Reserve and a potential management tool. They provide greater knowledge and scientific understanding of marine ecosystems to understand their conservation and sustainable use. Scientific research and monitoring are fundamental to the performance assessment that is required to ensure that the identified management strategies and specific actions contribute effectively towards the achievement of the strategic objectives of the Reserve.

Under the EPBC Regulations, all research conducted in the Reserve requires a permit. In assessing research permit applications, consideration will be given to the nature and potential impacts of the proposal, the aim of the project, ethical issues, and how knowledge from the project might benefit management of the Reserve.

Key potential pressures include

• Negative environmental impacts resulting from removal of and damage and disturbance to sensitive marine species and habitats.
• Negative interactions between researchers and other users.

Management goals

• Ensure that research activities have a minimal environmental impact on the Reserve.
• Develop performance measures and research and monitoring programs to provide information on the effectiveness of zoning and other management measures.
• Encourage appropriate research to increase knowledge of the natural environments of the Reserve and the impact of human activities.

Management strategies

• Allow all scientific research that is compatible with the strategic objectives of the Reserve.
• Continue to monitor the impacts of research activities on the key conservation values of the Reserve and revise management prescriptions if necessary, consistent with this Plan.
• Encourage stronger links between scientists, industry and marine protected area managers in setting priorities for scientific research in the Reserve.
• Liaise with the NSW MPA, research organisations and other stakeholders to develop and implement a performance assessment system and a scientific research and monitoring strategy that will include:
  • monitoring of activities, impacts and compliance in the Reserve, such as community satisfaction with Reserve management, protection of threatened species, effects of trawling and other fishing methods and land-based sources of marine pollution;
  • monitoring the status of the ecosystems of the Reserve with non-intrusive techniques; and
  • further survey work to build on existing knowledge of conservation values.

6.2.6 Shipping Activities

Australia is a member of the International Maritime Organisation (IMO) and party to IMO agreements addressing pollution from ships, including the Protocol of 1978, relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973 (MARPOL Protocol). These agreements are given effect in Australia by a package of Commonwealth 'Protection of the Sea' legislation, which includes the Protection of the Sea (Prevention of Pollution by Ships) Act 1983, and complementary State/Territory legislation. While ships may occasionally call on their 'right of innocent passage' to transit the Reserve, AMSA has arranged with the Australian Hydrographic Office to have the marine protected area marked on new edition charts and in the Australian Annual Notices to Mariners, together with a cautionary note that indicates the areas environmental sensitivity.

The National Plan to Combat Pollution of the Sea by Oil was implemented in 1973 to protect the marine environment from oil pollution and to minimise the effects of oil spills. This National Plan to combat oil pollution ensures a capacity to respond to spills in the Reserve.

Key potential pressures include

• Risk of marine pollution including oil spills and debris.
• Risk of introduced marine pests.

Management goals

• To protect the Reserve from introduced marine pests and marine pollution, including debris and oil spills, associated with shipping activities in the area.
• To maintain access for the Australian Maritime Safety Authority (AMSA) to access navigation aids for routine maintenance and emergency repairs consistent with the strategic objectives of the Reserve.

Management strategies

• Liaise with the Department of Transport and Regional Services and AMSA regarding shipping practices and enforcement of relevant legislation within the Reserve and in its vicinity.
• Promote voluntary measures through AMSA to minimise the transit of large vessels through the Park and the Reserve.
• Investigate the feasibility of having the Reserve declared a "Particularly Sensitive Sea Area" through the Marine Environment Protection Committee of the IMO.
• Support national procedures for emergency responses to introduced marine pests outbreaks and other recommendations of the National Taskforce Report on Prevention and Management of Introduced Marine Pests Incursions (Joint Standing Committee on Conservation 1999).