Grey nurse shark critical habitat

An endangered species

Grey nurse sharks are listed as an endangered species under NSW law. The east coast population is also listed as critically endangered under Commonwealth law. Due to overfishing in past decades, the number of grey nurse sharks in NSW waters has declined significantly.The species was protected in 1984 and subsequently listed as an endangered species. Today their numbers are so low that the species remains in danger of becoming extinct. Despite their fierce appearance, grey nurse sharks are not known to be aggressive towards humans. They are a passive species with teeth designed for capturing prey such as fish and rays. They are typically found in coastal inshore waters around rocky reefs and boulder or sand filled gutters in 15–40m of water. Grey nurse sharks gather to feed, mate and pup at a small number of locations with these characteristics along the NSW coast. These locations are called ‘aggregation sites’. The sharks spend extensive periods of time at these sites, many of which are also popular fishing and diving locations.

In 2003 ten aggregation sites along the NSW coast were declared as ‘critical habitat’ as these sites are essential for the survival of the species. Special fishing and diving rules apply in critical habitats. Many critical habitat sites have also been protected in marine parks and aquatic reserves, resulting in recent changes to fishing and diving rules. Several other significant aggregation sites also occur in Commonwealth waters off the NSW coast. This brochure presents a summary of recreational fishing and diving rules at grey nurse shark aggregation sites within aquatic reserves, marine parks, Commonwealth marine reserves and critical habitats. The rules applying to each of these sites vary and fishers and divers should take the time to familiarise themselves with the regulations at each site. The fishing regulations outlined here apply to recreational fishing and diving only. Commercial fishers should consult the relevant Marine Park User Guide, NSW Fisheries Management Act 1994, Fisheries Management (General) Regulation 2002 and relevant share management plan regulation.

Grey nurse sharks and fishing

All line fishing methods that use hooks have the potential to harm grey nurse sharks. Grey nurse sharks will take baited hooks and can also become hooked if they take a fish being played on line fishing gear regardless of whether bait or artificial lures have been used. However, the use of wire trace for bottom fishing and setlines has been identified as the most harmful fishing method to grey nurse sharks. Many sharks can be seen with fishing gear, such as hooks, caught in their jaws and line trailing from their mouth and gills. Autopsies of grey nurse sharks have found that hooks can become embedded in the throat and stomach, and can puncture the shark’s large liver. This can lead to bacterial infection, septicaemia (blood poisoning) and ultimately death.

What should I do if I catch a grey nurse shark?

Fishers may accidentally catch a grey nurse shark while fishing for other species. If you catch a grey nurse shark, you must release it carefully causing the least possible harm:

  • Bring the shark in as quickly as possible to minimise stress.
  • Try not to lift it out of the water as this can cause internal damage.
  • Cut the line as close to the hooked area as possible. However, if the risk to your own personal safety is significant, please do not attempt to carry out this action.
Circle hook (left) J-Hook (right)

To reduce the chances of hooking or harming a grey nurse shark, fishers should:

  • Avoid berlying up-current of aggregation sites.
  • Avoid fishing with wire trace or at night near aggregation sites.
  • Consider trolling or using fly or artificial lures as an alternative to bait.
  • Use non-offset circle hooks (see photo) to reduce the risk of gut hooking.
  • Consider changing your location if you accidentally hook a grey nurse shark.

What can I do?

Take a moment to study this guide and familiarise yourself with:

  • Identification features of the grey nurse shark
  • Diving regulations and Code of Conduct
  • The fishing regulations at aggregation sites.

Significant penalties apply

  • $2,500 on the spot fines apply for harming, buying, selling or possessing a grey nurse shark with maximum penalties of $220,000.
  • $500 on the spot fines apply for breaking fishing or diving rules in critical habitat areas with maximum penalties of $11,000.

Critical Habitat Diving Regulations

Diving within critical habitat sites is regulated under the Fisheries Management (General) Regulation 2002. Divers should familiarise themselves with the rules as penalties apply, including on the spot fines of $500 with maximum penalties of up to $11,000. A person must not, on or in critical habitat of the grey nurse shark, do any of the following:

  • swim or dive between sunset and sunrise while using any apparatus capable of supplying air to facilitate breathing underwater,
  • block an entrance to a cave or gutter containing a shark,
  • feed or touch a shark,
  • chase or harass a shark,
  • wear or use an electronic shark repelling device,
  • use a powered scooter.

Code of Conduct for Diving with Grey Nurse Sharks

NSW DPI and Environment Australia have prepared a Code of Conduct for Diving with Grey Nurse Sharks in consultation with the diving industry. This Code of Conduct applies in any sites where grey nurse sharks occur. All divers must not:

  • conduct night dives on known aggregation sites,
  • block entrances to caves or gutters,
  • interrupt the swimming pattern of sharks,
  • feed or touch the sharks; chase or harass the sharks,
  • interfere with the sharks using mechanical apparatus ie. scooters or horns,
  • use Shark Pod/Shark Shield Devices in known aggregation sites,
  • dive in groups totalling more than 10 divers.

Identifying a grey nurse shark

Grey nurse sharks are totally protected in NSW and Commonwealth waters and harming or fishing for them is illegal. Recreational fishers are encouraged to release all sharks unless they are certain they are not a protected species. Significant penalties apply so it is important that recreational fishers and divers can distinguish grey nurse sharks from other species.

Grey nurse sharks and whaler sharks have sometimes been confused by fishers; however, key features can be used to identify them.

Grey nurse sharks have a bronze coloured upper body and a pale white underside. Dark spots are present on the lower half of the body and caudal (tail) fin and are most prominent in juveniles.

Grey nurse sharks have two distinctive large dorsal fins of similar size. The first dorsal fin is set well back from the pectoral fins. The anal fin is similar in size to both dorsal fins. The mouth extends beyond the front of the eye and has long protruding teeth. Grey nurse sharks grow to a maximum length of 3.2m and newborn pups are approximately 1m in length.

Grey nurse shark critical habitat and aggregation sites in NSW

 

Julian Rocks - Cape Byron Marine Park

Julian Rocks

Seasonal restrictions apply at Julian Rocks

Activity General Use Zone Mackeral Boulder Habitat Protection Zone Sanctuary Zone Grey Nurse Shark Critical Habitat in Sanctuary Zone (1st May to 31st December)
Recreational fishing *
Recreational line fishing P P1st Jan - 30th April
O1st May - 31st Dec
O O
Spearfishing P P1st Jan - 30th April
O1st May - 31st Dec
O O
Recreational diving activities
SCUBA P P P P(a)
Snorkelling P P P P(a)
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
 * Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 apply (gear restrictions, bag & size limits, licence requirements).
(a) Critical habitat diving regulations apply from 1st May to 31st October each year.
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Marine Parks Act 1997, Marine Parks Regulation 1999, Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 for full details.
  2. For more information on Marine Park zonings see: www.mpa.nsw.gov.au/cbmp.html.

Pimpernel Rock - Solitary Islands Marine Reserve (Commonwealth Waters) - Sandon

Activity Habitat Protection Zone Sanctuary Zone
Recreational fishing (a)
Line fishing - all methods P O
Spearfishing P (b) O
Recreational diving activities
SCUBA P P
Snorkelling P P
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
 (a) Activities allowed in accordance with the Solitary Islands Marine Reserve (Commonwealth Waters) Management Plan. NSWFisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 also apply (gear restrictions, bag & size limits, licence requirements) to recreational fishing in Commonwealth waters.
(b) Only breath-held spearfishing permitted.
P Permit required under the Environmental Protection and Biodiversity Conservation Act 1999 (see Note 2 below). Divers are required to comply with a Code of Conduct for Diving with Grey Nurse Shark
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 and Environment Protection and Biodiversity Conservation Regulations 2000 for full details.
  2. For more information see: www.environment.gov.au/coasts/mpa/solitary and www.mpa.nsw.gov.au/simp.html.

North & South Solitary Islands - Solitary Islands Marine Park

Activity Habitat Protection Zone Grey Nurse Shark Key Habitat Restrictions Sanctuary Zone
Recreational fishing *
Line fishing - all methods P P (a) O
Spearfishing P P O
Recreational diving activities
SCUBA P P P
Snorkelling P P P
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
 * Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 apply (gear restrictions, bag & size limits, licence requirements).
(a) Wire traces for demersal (bottom) fishing prohibited. Wire traces permitted for trolling whilst a vessel is underway.
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Marine Parks Act 1997, Marine Parks Regulation 1999, Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 for full details.
  2. Grey Nurse Shark Key Habitat restrictions apply from the Mean High Water mark to 500m around North Solitary Island and South Solitary Island.
  3. For more information on Marine Park Zoning see: www.mpa.nsw.gov.au/simp.html.

Green Island & Fish Rock - South West Rocks

Activity Grey Nurse Shark Critical Habitat Buffer Zone Grey Nurse Shark Critical Habitat Spearfishing & SCUBA Restriction
Recreational fishing *
Anchored or moored using wire trace line O O -
Anchored or moored using bait P O -
Anchored or moored using fly or artificial lure P P -
Trolling or drifting using bait, fly or lure with or without wire trace P P (a) -
Rock and beach fishing without wire trace P P (a) -
Spearfishing P P P (b)
Recreational diving activities
SCUBA P P + P (b)
Snorkelling P P + P
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
- Activity not applicable
 * Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 apply (gear restrictions, bag & size limits, licence requirements).
+ Critical habitat diving regulations apply.
(a) The maximum weight that can be attached to any fishing line in critical habitat is 500 grams.
(b) Fishing within 500m of Fish Rock:
  • taking of fish by methods of SCUBA or hookah is prohibited.
  • Fishing with spears or spear guns is prohibited except for the following families and species:
    1. Families: a.Carangidae (all trevallies, kingfish & rainbow runner); b.Scombridae (mackerals, tuna , wahoo); c.Istiophoridae (marilin, sailfish)
    2. Species: a. Rachycentron canadus (cobia); b. Pomatomus saltator (tailor); c. Corphaena hippurus (dolphin fish); d. Arripus trutta (Australian salmon).
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 for full details.

Cod Grounds Commonwealth Marine Reserve - Laurieton

Activity Sanctuary Zone
Recreational fishing (a)
Line fishing - all methods O
Spearfishing O
Recreational diving activities
SCUBA P (b)
Snorkelling P (b)
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
 (a) All recreational and commercial fishing is prohibited under the Environmental Protection and Biodiversity Conservation Act 1999.
(b) Recreational SCUBA diving and snokelling allowed in accordance with the Code of Conduct for Diving with Grey Nurse Shark
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 and Environment Protection and Biodiversity Conservation Regulations 2000 for full details.
  2. For more information see: www.environment.gov.au/coasts/mpa/cod-grounds.

The Pinnacle, Sawtooth Rocks, Big & Little Seal Rocks, Edith Breaker, Little Broughton Island - Port Stephens-Great Lakes Marine Park

Little-Broughton

Activity General Use Zone Habitat Protection Zone Habitat Protection Zone (bait restrictions) Habitat Protection Zone (bait & anchoring restrictions) Sanctuary Zone Grey Nurse Shark Critical Habitat in Sanctuary Zone
Recreational fishing *
Recreational line fishing P P O(a) P(a) (b) O O
Spearfishing P P P P(b) O O
Recreational diving activities
SCUBA P P P P P P+
Snorkelling P P P P P P+
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
* Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 apply (gear restrictions, bag & size limits, licence requirements).
+ Critical habitat diving regulations apply.
(a) It is not permitted to take or attempt to take fish, other than by artificial lure, artificial fly, fish trap, lobster trap, hand picking, spear or spear gun in the Sawtooth, Edith Breakers and Broughton Island habitat protection zones.
(b) Fishing, spearfishing, lobster gathering or trapping is not permitted from vessels anchored in the Sawtooth or Broughton Island habitat protection zones.
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Marine Parks Act 1997, Marine Parks Regulation 1999, Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 for full details.
  2. For more information on Marine Park zonings see: www.mpa.nsw.gov.au/psglmp.html.

Magic Point - Maroubra

Magic Point

Activity Grey Nurse Shark Critical Habitat Buffer Zone Grey Nurse Shark Critical Habitat
Recreational fishing *
Anchored or moored using wire trace line O O
Anchored or moored using bait P O
Anchored or moored using fly or artificial lure P P
Trolling or drifting using bait, fly or lure with or without wire trace P P(a)
Rock and beach fishing without wire trace P P(a)
Spearfishing P P
Recreational diving activities
SCUBA P P+
Snorkelling P P+
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
* Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 apply (gear restrictions, bag & size limits, licence requirements).
+ Critical habitat diving regulations apply.
(a) The maximum weight that can be attached to any fishing line in critical habitat is 500 grams.
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 for full details.

Bass Point - Shellharbour

Bass Point

Activity Grey Nurse Shark Critical Habitat Buffer Zone Grey Nurse Shark Critical Habitat Grey Nurse Shark Critical Habitat in Bushrangers Bay Aquatic Reserve
Recreational fishing *
Anchored or moored using wire trace line O O O
Anchored or moored using bait P O O
Anchored or moored using fly or artificial lure P P O
Trolling or drifting using bait, fly or lure with or without wire trace P P(a) O
Rock and beach fishing without wire trace P P(a) O
Spearfishing P P O
Recreational diving activities
SCUBA P P+ P+
Snorkelling P P+ P+
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
* Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 apply (gear restrictions, bag & size limits, licence requirements).
+ Critical habitat diving regulations apply.
(a) The maximum weight that can be attached to any fishing line in critical habitat is 500 grams.
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 for full details.

Tollgate Islands - Batemans Marine Park - Batemans Bay

Activity Sanctuary Zone Grey Nurse Shark Critical Habitat in Sanctuary Zone
Recreational fishing *
Recreational line fishing O O
Spearfishing O O
Recreational diving activities
SCUBA P P+
Snorkelling P P+
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
* Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 apply (gear restrictions, bag & size limits, licence requirements).
+ Critical habitat diving regulations apply.
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Marine Parks Act 1997, Marine Parks Regulation 1999, Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 for full details.
  2. For more information on Marine Park Zonings see: www.mpa.nsw.gov.au/bmp.html.

Montague Island - Batemans Marine Park - Narooma

Activity Habitat Protection Zone (Inner) Habitat Protection Zone (Restricted) Sanctuary Zone
Recreational fishing *
Recreational line fishing O O O
Spearfishing O O O
Recreational diving activities
SCUBA P P P
Snorkelling P P P
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
* Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 apply (gear restrictions, bag & size limits, licence requirements).
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Marine Parks Act 1997, Marine Parks Regulation 1999, Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 for full details.
  2. For more information on Marine Park Zonings see: www.mpa.nsw.gov.au/bmp.html.

Montague Island

Activity Habitat Protection Zone Grey Nurse Shark Critical Habitat in Habitat Protection Zone (Inner) Habitat Protection Zone (Restricted) Grey Nurse Shark Critical Habitat in (Inner) Habitat Protection Zone (Restricted) Sanctuary Zone
Recreational fishing *
Recreational line fishing P P(a) O(b) O(b) (c) O
Spearfishing P P P P O
Recreational diving activities
SCUBA diving P P P P+ P
Snorkelling P P P P+ P
Activity Table Symbols
P Activity permitted in the zone
O Activity not permitted in the zone
* Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 apply (gear restrictions, bag & size limits, licence requirements).
+ Critical habitat diving regulations apply.
(a) Use of wire trace prohibited while anchored or moored.
(b) A person must not take or attempt to take fish in the Montague Island (Inner) habitat protection zone between 1 November and 30 April in any year (both dates inclusive) by use of the following methods:
  1. a fishing line rigged with bait;
  2. a wire trace line;
  3. any net (other than a landing net);
  4. any method carried out from a vessel at anchor.
(c) The maximum weight that can be directly attached to any fishing line in critical habitat is 500 grams.
Notes
  1. The activity table presents a summary of recreational fishing and diving activities permitted and restrictions that apply. Refer to the Marine Parks Act 1997, Marine Parks Regulation 1999, Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 for full details.
  2. For more information on Marine Park Zonings see: www.mpa.nsw.gov.au/bmp.html.