Technical Bulletin - Humane Society International

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Jun 19, 2013 - HSI helps gain major shark conservation successes at CITES . ...... ProFauna Website: www.profauna.net. H
Technical Bulletin Issue 22, 2013

Humane Society International Inc. | ABN 63 510 927 032 | PO Box 439 Avalon NSW 2107 Australia Telephone (02) 9973 1728 | Facsimile (02) 9973 1729 | Email [email protected] | Web www.hsi.org.au

Technical Bulletin Table of Contents Say goodbye to Commonwealth legislative oversight ............................................................................ 2 HSI helps gain major shark conservation successes at CITES ............................................................... 3 Lowland Grassy Woodland in the South East Corner Bioregion becomes latest listed MNES ............. 4 HSI seeks EPBC protection for 5 priority ecological communities ........................................................ 6 HSI nominated ecological communities make IUCN Red List .............................................................. 6 HSI re-submits a range of natural area National Heritage nominations ................................................. 6 Cooper Creek sub-catchment National Heritage nomination ................................................................. 7 Effective National Heritage listing still eludes Tasmanian natural icons ............................................... 7 Wildlife Land Trust member sanctuaries pass the 200 mark .................................................................. 8 HSI’s new conservation covenanting program ....................................................................................... 9 Private Lands Conservation Grants Program .......................................................................................... 9 HSI supports INTERPOL training course to combat illegal logging ................................................... 10 Research – Orangutan Rehabilitation & Reintroduction Programs ...................................................... 11 HSI supports more lion-proof boma construction in Kenya ................................................................. 11 Wildlife Action Partnership Grant Initiative (Vietnam) ....................................................................... 12 Next round of global freshwater turtle/tortoise conservation grants allocated ..................................... 12 CITES victory for freshwater turtle and tortoise protection ................................................................. 13 Turtle egg smuggling bust in Indonesia ................................................................................................ 13 HSI asks Commonwealth to close rhino horn trade loophole ............................................................... 14 Taronga Zoo seeks to vary AAT conditions ......................................................................................... 14 HSI and the ACCC................................................................................................................................ 14 Humane Choice lauds South Australian decision on free range eggs ................................................... 15 Global Oceans Commission reaches out ............................................................................................... 16 Southern Ocean MPAs – a big decision in the offing ........................................................................... 16 HSI helps achieve landmark EU shark finning ban .............................................................................. 17 HSI stays on supertrawler and seabird trail .......................................................................................... 18 Seabird bycatch increases ..................................................................................................................... 18 HSI’s work on bycatch policy continues .............................................................................................. 18 HSI presents to AFMA staff in Canberra.............................................................................................. 19 Review of Commonwealth Fisheries Legislation, Policy and Management ........................................ 19 First offshore referrals under EPBC for seismic activity ...................................................................... 19 Gulper sharks listed, KTP rejected ....................................................................................................... 20 ICJ update and HSI plans for contempt of court case ........................................................................... 20 HSI joins IWC global workshops ......................................................................................................... 20 Convention for the Agreement on Conservation of Albatrosses and Petrels ........................................ 21 Page 1

Technical Bulletin Say goodbye to Commonwealth legislative oversight We have previously reported about our significant concerns over the proposals to devolve environmental powers to State and Territory Governments. The issue came to a head at the December 2012 Council of Australian Governments (COAG) meeting, when the Gillard Government revealed it was putting the brakes on the plan to hand environmental powers over to the States. Since that time, we have had a stay of execution, however it is clear that the Coalition Party now plans to hand over environmental powers as one of the first things it does should it win office in September’s Federal election. So significant was the concern that an unprecedented alliance of 39 environment groups joined forces to form an alliance to ‘Protect the Laws that Protect the Places You Love’. The Places You Love alliance as it is known has held numerous sessions in Canberra with key members of Government as well as many more politicians from the Coalition and Green parties and Independents. HSI is a leading participant within this alliance. It is clear that the actions of HSI’s supporters and the broader Places You Love alliance were vital in obtaining the Gillard Government’s apparent change of heart. Water trigger in place, but national environmental future looks grim On the 19th June, the passage of the Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) amendment bill brought into force a ninth matter of national environmental significance under the EPBC Act - a new ‘water trigger'. This followed a surprise but welcome move by the Federal Government to amend the EPBC Act to add an additional ‘trigger’ or matter of national environmental significance under the act in relation to the significant impacts of coal seam gas development and large coal mining development on a water resource. HSI and our campaign partners have supported this trigger, despite our frustrations that the Government have failed to include in this Bill legislation to allow the removal of the approval bilateral provisions from the EPBC Act. Removal of these clauses in the EPBC Act would prevent a future Coalition Government, should they win the election in September, from devolving essential Federal environment powers to the states and territories. Unfortunately, the passage of the Bill also marked the passing of a very critical opportunity to introduce an additional 'national parks trigger' under the Act, to help protect national parks from State Governments hell bent on grazing, logging, and shooting in our national parks. HSI and our colleagues have actively campaigned for inclusion of a ‘national parks trigger,’ supported by more than 45,000 members of the community who have contacted the Federal Environment Minister and their local MP to voice their support. This failure by our Federal politicians to take action for our most threatened places and wildlife is very, very disappointing, and potentially extremely damaging for Australia’s long-term environmental health. It means that powers to approve projects impacting on our unique places and wildlife can still be handed over to state and territory governments, which have shown time and time again that they cannot be trusted. As things stand Opposition Leader Tony Abbott is committed to handing back those powers, leaving conservative state governments to pursue their anti-environmental policies with impunity, leading to inevitable environmental disaster. Industry has consistently made reference to project delays and environment assessment duplication, but when asked to provide further evidence of such delays and duplication when before a Senate Inquiry, it was clear that there was no such evidence to support these claims. But now they have finished the debate by continuing the lies despite a massive show of public support for strengthening

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Technical Bulletin the EPBC Act. The environment and the public health of the people of Australia will surely suffer the results. HSI first blew the public whistle on the dangers facing the nation’s premier environmental law almost two years ago, in an ABC Environment Online Opinion Piece by Nicola Beynon, on August 25th, 2011. HSI was responding to Minister Burke’s recommendations for EPBC (Environment Protection & Biodiversity Conservation Act, 1999) reform, following the 2009 “Hawke Report.”

HSI helps gain major shark conservation successes at CITES In March, 178 country representatives and many more interested parties convened in Bangkok, Thailand, for the 16th meeting of the Conference of Parties of the Convention on the International Trade in Endangered Species of Wild Flora and Fauna (CITES), as this important convention celebrated its 40th anniversary. HSI and HSUS (The Humane Society of the United States) sent a large delegation to Bangkok comprised of staff from our Australian, US and EU offices and we are happy to report that on the whole the meeting was a huge success and great leaps were made in the protection of wildlife threatened by international trade. The two-week long meeting closed with many positive conservation outcomes, with every proposal to provide new or increased protection for wildlife adopted, with one exception for the polar bear. The Parties agreed to new or increased protection from international trade for dozens of species including: the West African manatee; nine species of green geckos from New Zealand; the Mangshan pit viper of China; more than 40 species of freshwater turtle and tortoise; the oceanic whitetip shark; the scalloped hammerhead shark; the great hammerhead shark; the smooth hammerhead shark; the porbeagle shark; the freshwater sawfish; and two species of manta rays. Conservation actions to protect the freshwater ray species were also agreed by parties. Parties discussed and agreed important measures to protect rhinos, elephants, cheetahs and a host of other species. On its 40th anniversary, CITES has demonstrated that it remains relevant and indeed vital to ensuring that species are not detrimentally affected by international trade.

The smooth hammerhead shark (Sphyrna zygaena) was included under Appendix II at CITES this year © iStockphoto.com/qldian

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Technical Bulletin The meeting was truly an historic one with the inclusion of a number of shark and ray species on Appendix II (controlled/licenced trade – Appendix I = trade ban) and the final acceptance of the rules for Introduction from the Sea. This despite significant efforts by a number of countries, led by Japan and China, to divert marine issues to other international forums such as Regional Fisheries Management Organisations (RFMOs) claiming CITES has no mandate. HSI has consistently argued that both CITES and RFMOs have important roles to play in the conservation of shark species, a role that can and should be complementary. The inclusion of these shark and ray species in the CITES Appendices means that marine species are now firmly a feature of the mandate of CITES and the convention can help to address the significant threats posed to these sharks from unsustainable international trade. The challenge now for the shark and ray species’ listings in particular is to ensure that all implementation challenges are addressed in the 18 months implementation delay period agreed to at the meeting. Whilst there is a lot of work to do, HSI is confident that implementation of these listings is possible, and we will be supporting a workshop in Latin America to assist in this process. Successes at CITES Oceanic whitetip shark Carcharhinus longimanus inclusion in Appendix II; Scalloped hammerhead Sphyrna lewini, Smooth hammerhead Sphyrna zygaena and Great Hammerhead Sphyrna mokarran sharks inclusion in Appendix II; Porbeagle shark Lamna nasus inclusion in Appendix II; Manta rays Manta spp. inclusion in Appendix II; Freshwater sawfish, Pristis microdon, transfer to Appendix I; NZ green geckos Naultinus spp. inclusion in Appendix II; West African manatee Trichechus senegalensis transfer to Appendix I; Mangshan pit viper Protobothrops mangshanensis inclusion in Appendix II and; More than 40 species of freshwater turtle and tortoise. The full list of outcomes for species can be viewed at: http://goo.gl/r1bV4 Stop Press On the 14th June CITES issued a press release (http://goo.gl/vlFFt) with regard to the outcomes of CoP16. This release noted that: “The deadline for entering reservations on the new listings of species protected under CITES ended on Wednesday 12 June. Denmark on behalf of Greenland (porbeagle shark), Guyana (all 5 shark species and the manta rays), Japan (all 5 shark species), Iceland (porbeagle shark) and Yemen (hammerhead sharks) have entered specific reservations for some of the five commercially-valuable shark species and the manta rays now included in Appendix II. China has advised the CITES Secretariat that, while it opposed the inclusion of these shark species in the CITES Appendices at CoP16 and continues to have concerns regarding implementation, in the spirit of international cooperation under CITES, with full respect for the decisions adopted at CoP16, China will apply the CITES rules to these species. Hence it did not enter any reservations.” Protection and Biodiversity Conservation Act, 1999 (EPBC Act) becoming a new matter of National Environment Significance (NES). The TEC was nominated by HSI for listing in early 2010.

Lowland Grassy Woodland in the South East Corner Bioregion becomes latest listed MNES The Lowland Grassy Woodland in the South East Corner Bioregion Threatened Ecological Community (TEC) was recently listed as Critically Endangered under the Environment

Originally occupying much of the lower landscapes on rolling hills of coastal river

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Technical Bulletin valleys in the NSW part of the South East Corner bioregion, the ecological community has undergone a significant reduction in extent since European settlement, having been cleared or substantially modified by farming and development to the point that no unmodified examples remain. Such grassy woodlands are among the most extensively depleted vegetation groups in Australia due to their suitability for agriculture and associated development, with the main ongoing threats including weed invasion, inappropriate fire and grazing regimes, land clearing, and other impacts associated with the fragmentation of remnants.

such as the austral toadflax (Thesium austral), listed as Vulnerable, and the tangles bedstraw (Galium austral), which is classified as Endangered. These vegetation species are complemented by a wide range of threatened fauna for which the ecological community is habitat, including: the EPBC Act listed koala (Phascolarctos cinereus); grey-headed flying fox (Pteropus poliocephalus); and spotted-tail quoll (Dasyurus maculatus maculatus). Each of these species is also listed as Vulnerable under the NSW TSC Act, alongside other species which call these woodlands and derived grasslands home such as: the glossy black cockatoo (Calyptorhynchus lathami); eastern pygmy possum (Cercartetus nanus); varied sittella (Daphoenositta chrysoptera); little eagle (Hieraaetus morphnoides); large-footed mouse-eared bat (Myotis adversus); barking owl (Ninox connivens); scarlet robin (Petroica boodang); and diamond firetail (Stagonopleura guttata).

The community was eligible for listing as Critically Endangered after meeting the relevant thresholds of two criteria, “Small geographic distribution coupled with demonstrable threat” and “Reduction in community integrity”. The former was due to the fact that 96% of existing remnants were contained in patches of less than 10 hectares, and thus extremely susceptible to edge effects, and the latter severely reducing the ecological community’s ability to respond to natural and anthropogenic pressures.

The Lowland Grassy Woodland in the South East Corner Bioregion was listed under the NSW TSC Act in 2007, having previously being included as two ecological communities: Candelo Dry Grass Forest and Bega Dry Grass Forest, both of which were nominated by HSI in 2000. This EPBC Act listing will add an important layer of protection to the community by elevating it to a Matter of National Environmental Significance, as well as leading to increased knowledge, a better and more widespread understanding of the threats it faces, and assisting with the direction of recovery funding available through such programs as Caring For Our Country (Environmental Stewardship Fund) and the Biodiversity Fund.

E. tereticornis, a typical canopy tree of the TEC © M. White

The canopy of Lowland Grassy Woodland in the South East Corner Bioregion is typically dominated by forest red gum (Eucalyptus tereticornis) and/or rough barked apple (Angophora floribunda), while the community features threatened vegetation species listed under the New South Wales Threatened Species Conservation Act, 1995 (TSC Act)

A map of Lowland Grassy Woodland in the South East Corner Bioregion, as well as conservation advice can be found at: http://goo.gl/Z8yZN. For more information on HSI’s Threatened Ecological Community Nomination Program: http://goo.gl/9zAui.

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Technical Bulletin HSI seeks EPBC protection for 5 priority ecological communities

environmental (abiotic) degradation; and rates of destruction to biotic processes. A fifth criterion, quantitative estimates of the risk of ecosystem collapse, provides a conceptual anchor for those prior.

Humane Society International’s Threatened Ecological Communities (TEC) nomination program has continued to state the case for the protection of priority endangered habitat types throughout Australia, with five TECs nominated for listing under the Environment Protection and Biodiversity Conservation Act (EPBC) in the 2013 round: East Coast Floodplain Vegetation Complex; Eucalyptus ovata Woodland and Forest in Tasmania; Poplar / Bimble Box Grassy Woodland on Alluvial Plains; Tropical Freshwater Floodplains of Northern Australia; and the Western Australian Banded Ironstone Vegetation Complex. The Commonwealth has been satisfied that these nominations meet required EPBC regulations standards, and are currently being considered for inclusion on this year’s Finalised Priority Assessment List, which triggers the detailed assessment by the independent Threatened Species Scientific Committee required for listing.

Macquarie Marshes, Murray-Darling Basin © G. Turner

Twenty ecosystems were selected globally to test the framework, with six of the eight found in Australia being largely consistent with HSI TEC nominations that either achieved listing (Coolibah – Black Box woodland; Coastal sandstone upland swamps; Semi-evergreen vine thicket) or are prioritised for assessment (Seagrass meadows; Swamps, marshes and lakes in the Murray-Darling Basin; Coorong lagoons) under the EPBC Act. In each of these cases the report concluded a threat status between Endangered and Critically Endangered, indicating that the pressures on the ecological communities nominated by HSI are significant and further justifying the case for their recognition as Matters of National Environmental Significance (NES).

HSI nominated ecological communities make IUCN Red List Spurred by the lack of a standard global assessment for risks to landscape-scale biodiversity, the International Union for the Conservation of Nature (IUCN) recently initiated the development of risk assessment criteria to support a global Red List of Ecosystems. This broadening of scope by IUCN aims to complement the established Red List of Species and strengthen global capacity to report on and monitor the status of biodiversity, further demonstrating the value of the whole-of-system approach shared domestically by Threatened Ecological Community (TEC) listings under the Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act).

To access the paper: http://goo.gl/smPS0

HSI re-submits a range of natural area National Heritage nominations During early 2013, HSI submitted nominations for eight natural areas to be included on the National Heritage List under the auspices of the EPBC (Environment Protection & Biodiversity Conservation Act, 1999). The following places were selected and comprehensive cases prepared due to their nationally significant heritage values: Australia’s Antarctic Territory / Australia’s Antarctic Whale Sanctuary: Barrow Island and the Montebello / Barrow Islands Marine Conservation Reserves; Cape York Peninsula;

The new IUCN model identifies four symptoms of ecosystem risk as a basis for assessment criteria: rates of decline in ecosystem distribution; restricted distributions with continuing declines or threats; rates of Page 6

Technical Bulletin Cooper Creek Sub-catchment; Daintree Lowland Rainforest; Great Western Tiers (partnered with Tasmanian Conservation Trust); Great Western Woodlands of Western Australia; and Lake Eyre National Park and Elliot Price Conservation Park.

The Cooper Creek sub-catchment is perhaps most notable for its extensive floodplain, which during flooding events create a diversity of habitats for the aquatic biota of the region and stimulates productivity of algae and plants which in turn promote a rapid increase in invertebrate and fish populations. During low or no flow years, the floodplain reduces to a mosaic of waterholes that provide important refugia for both aquatic and terrestrial biota of the region, which have adapted to boom and bust cycles and rely on them to survive.

These nominations will be considered for inclusion in the Australian Heritage Council’s (AHC) 2013-14 work plan, set by the Minister each financial year. Several of these places have been nominated by HSI in the past but are yet to be assessed due to a lack of political will and/or sufficient AHC resources. HSI additionally submitted Australia’s Antarctic Territory / Australia’s Antarctic Whale Sanctuary for inclusion on the list of Commonwealth Heritage places.

The sub-catchment is also rich in cultural history, representing both the success and tragedy of Burke and Wills’ south-north crossing expedition. It was along its banks that they camped during the expedition, where the famous ‘Dig Tree’ is located, and also where the explorers later died from poisoning after eating ground nardoo without properly removing toxins.

Cooper Creek sub-catchment National Heritage nomination One of the numerous places nominated for a National Heritage listing by HSI this year was the Cooper Creek sub-catchment in Queensland, the southernmost sub-catchment of the larger Cooper Creek catchment, starting just north of the township of Windorah approximately 500km west of Rockhampton. Cooper Creek has been noted as being one of Australia’s most iconic rivers, and is among only a handful of unregulated large river systems that occur in an arid area worldwide. As it is relatively undeveloped, the unique river system preserves distinctive in-stream natural values with high conservation value, and important geomorphic processes.

Cooper Creek is also significant to Aboriginal communities in the area, being an important trade route and providing an abundance of fresh water and food. The largest burial site found on traditional lands was discovered on a large sand dune next to Cooper Creek, with grinding stones, mussel shells and other artefacts being found with human remains. Elders of the Wangkumurra people believe this to be a massacre site from early last century.

Effective National Heritage listing still eludes Tasmanian natural icons Humane Society International (HSI) has long pushed for greater protection and recognition for the conservation values of the Tasmanian regions of the Tarkine and Great Western Tiers, having been repeatedly involved in National Heritage nominations for both areas for nearly a decade, the latest being this year’s re-nomination for the Great Western Tiers in partnership with the Tasmanian Conservation Trust (TCT). HSI was also a member of the Australian Heritage Council (AHC) that

Cooper Creek © D and C Hodkinson

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Technical Bulletin prioritised the Great Western Tiers for National Heritage assessment in 2004.

at a pleasing rate, welcoming 29 new member sanctuaries on board since the last Technical Bulletin. This influx has seen the program pass the milestone figure of 200 sanctuaries across the country, with Michael Adams and Chris McGregor’s 54 hectare Colo Heights Wildlife Clinic and Refuge in NSW taking us across the line. A total of 214 refuges amounting to over 35,000 hectares (87,000 acres) of wildlife-friendly land are now under WLT membership throughout Australia. A positive trend which has emerged over the past few months is a greatly increased proportion of membership applications from Queensland, with more than half of the 29 new WLT sanctuaries being located in the sunshine state. One of these new Queensland member sanctuaries is Ringtail Creek Flying-fox Sanctuary, a 2.45 hectare property situated northwest of Noosa owned by Jan Davey. The property is protected in-perpetuity through a Voluntary Conservation Agreement in place with the local council, and is a state registered release site for black, little red and greyheaded flying-foxes.

Tarkine rainforest © Shutterstock/H. Rabbani

As a result, HSI was disappointed that the Federal Environment Minister’s February decision to list the indigenous values of the Tarkine on the National Heritage List, under the title “Western Tasmania Aboriginal Cultural Landscape,” didn’t also include natural values. Despite being a positive step, this course of action was widely seen as an unsatisfactory compromise which left the conservation values across the majority of the 450,000 hectare region unprotected from a barrage of mining applications, with the Minister admitting in his announcement that Tasmania’s high unemployment rate was the reason that only the Indigenous values of the region were selected for protection. HSI’s recent Great Western Tiers nomination with the TCT may also take on greater significance given the current outlook regarding the Tasmanian World Heritage Area extension, in particular the areas within the Great Western Tiers. At the last minute the Tasmanian Legislative Council amended the Tasmanian Forest Agreement Bill to postpone reservation of the areas of the Western Tiers which are within the World Heritage extension area until October 2014 and Forest Stewardship Council certification is attained by Forestry Tasmania.

Ringtail Creek Flying-fox Sanctuary © Jan Davey

The endangered state Regional Ecosystem ‘Eucalyptus tindaliae and/or E. racemosa open forest on remnant tertiary surfaces’ occurs on the sanctuary, providing habitat for a number of wildlife species including: feather gliders (Acrobates pygmaeus); northern brown bandicoots (Isoodon macrourus); a wide range of native birds; blossom bats (Syconycteris australis); eastern tube-nosed bats (Nyctimene robinsoni); and of course the variety of flying-

Wildlife Land Trust member sanctuaries pass the 200 mark The Australian contingent of the global Wildlife Land Trust (WLT) continues to grow Page 8

Technical Bulletin fox species aforementioned as being released on the property. It is Jan’s intent to protect the property in its current use as a wildlife rehabilitation and release site and to improve, by continued planting, the food sources for all species of wildlife that live there and that visit seasonally, and the Wildlife Land Trust looks forward to supporting her throughout this ongoing process.

landholders to become involved in conservation, and will collaborate in activities to establish Conservation Agreement covenants on eligible WLT properties. We are currently in the process of establishing our first VCA on a WLT sanctuary, while continuing to identify which of our 103 member sanctuaries in NSW may be eligible for VCA establishment.

For more information on the Wildlife Land Trust: www.wildlifelandtrust.org.au

Private Lands Conservation Grants Program

HSI’s new conservation covenanting program

2013 marked the fifth year of the NSW Private Land Conservation Grants (PLCG) program, administered by the Foundation for National Parks and Wildlife, in partnership with NSW Office of Environment & Heritage Conservation Partners Program, the Wildlife Land Trust, Paddy Pallin Foundation, Nature Conservation Trust of NSW, Diversicon Environment Foundation, NSW Catchment Management Authority and the Community Environment Network. The program delivers funds to landholders actively engaged in biodiversity conservation. Since its inception, the program has provided more than $870,000 to 217 projects throughout the state primarily benefiting properties with in-perpetuity binding agreements such as Voluntary Conservation Agreements under the National Parks and Wildlife Act, 1994 or Trust Agreements under the Nature Conservation Trust Act, 2001.

Humane Society International’s private land conservation network, the Wildlife Land Trust (WLT), recently finalised a Memorandum of Understanding (MoU) with the New South Wales Office of Environment and Heritage Conservation Partners Program which enables the WLT to prioritise and assess NSW WLT sanctuaries containing particularly high environmental values for in-perpetuity Voluntary Conservation Agreements (VCA) under the National Parks and Wildlife Act, 1974. The non-binding nature of Wildlife Land Trust agreements often leads them to be considered as ‘entry-level’ arrangements with regard to land protection tenures – however a significant proportion of WLT sanctuaries around Australia (approximately 30%) also have binding conservation agreements of one kind or another. The general objective of the MoU is to facilitate the fast-tracking of WLT properties of high conservation value that are potentially suitable for a higher level of conservation commitment, both providing a free service to WLT members and increasing the total amount of land within NSW that will be managed for conservation purposes inperpetuity. The MoU Environment Land Trust providing

This latest round of the program provided opportunities for a range of agreement types to apply for funding over a three year period, with those under the highest levels of protection (binding, permanent agreements) able to request up to $5,000 a year for their property, non-binding but statutory agreements up to $1,000 a year on their land, and nonbinding agreements such as Wildlife Land Trust membership up to $2,000 a year to run conservation workshops or community training programs. A total of approximately $315,000 was provided to 54 projects in total: 28 grants totalling $240,000 under Level 1; 22 grants amounting to $58,000 under Level 2;

states that the Office of and Heritage and the Wildlife recognise the importance of non-statutory options for

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Technical Bulletin and a total of $16,000 awarded to 4 projects under Level 3 of the program. The following Wildlife Land Trust members received funding through the PLCG program this year: Mary White – Falls Forest Retreat; Rosemary Von Behrens – Black Ridge; Peter and Christine Waterhouse – The Knoll; David Brook – Araluen; Aki Green and Marg Wetsteyn – Glen Eden; Steve Haslam – Quoll Headquarters; Coral Johnson – Coral’s Refuge; Winston Guymer – Rous Sanctuary; Patricia Edwards on behalf of the Clarence Environment Centre; and Graham Wegener on behalf of Adventist Aged Care (Greater Sydney) Ltd. The Wildlife Land Trust is currently in discussion with the Foundation for National Parks and Wildlife and several other existing and potential partners regarding the expansion of the PLCG program interstate.

HSI supports INTERPOL training course to combat illegal logging INTERPOL Report, Jakarta, Indonesia: “Enhanced information and intelligence collection, evaluation and sharing were identified as key areas for law enforcement to more effectively combat illegal logging, the illicit trade in timber and other forestry crime across the Asia-Pacific region during an INTERPOL training course. The week-long (29 April – 3 May) course was organized under the auspices of INTERPOL's Project Leaf (Law Enforcement Assistance for Forests), which provides support and capacity building for forestry compliance and security in order to combat illegal logging and deforestation. Specialist officers from seven countries – China, Indonesia, Japan, Malaysia, Myanmar, Papua New Guinea, and Philippines – underwent training in a range of skills, and

were also updated on the latest methods on combating forestry crimes. This included a presentation by the Remote Sensing Technology Centre of Japan on the use of satellite imaging to identify unlawful land clearing. David Higgins, Manager of INTERPOL's Environmental Crime Program said the training will be ‘fundamental in supporting future law enforcement operations and extending those operations beyond national borders to dismantle the global criminal networks behind this illegal activity.' "This course is very important as we have been able to meet officers from agencies from other countries so that we can share information and intelligence and to gain experience related to illegal logging," said Superintendent Puji Sutan, Chief of the Illegal logging unit and Special Crime, Indonesian National Police. Representatives from the Indonesian Ministry of Forestry, the Royal Norwegian Embassy in Jakarta, the United Nations Development Program, the Centre for International Forestry Research and members of Civil Society Organizations also addressed the course to share their experience of working on illegal forestry issues in the region. The expertise gained by the participants during the course, hosted by the Indonesian National Police, and supported by the Norwegian Agency for Development Cooperation (NORAD) and Humane Society International, will now be shared with other national specialist officers to assist future law enforcement and intelligenceled illegal logging and forestry crime operations. Similar training courses will be organized by INTERPOL in other forested regions, in addition to operations targeting illegal logging and organized crime exploiting forest areas.” For more information on INTERPOL's Project Leaf: http://goo.gl/qAsQq / http://goo.gl/hsleZ.

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Technical Bulletin Research – Orangutan Rehabilitation & Reintroduction Programs For the last few years, HSI has been supporting important Orangutan research in Sumatra and Kalimantan, initiated and carried out by Hannah Trayford of the Wildlife Research Group at the University of Cambridge, UK. The main research topic is now almost complete, “The Welfare and Conservation Role of Orangutan (Pongo sp.) Rehabilitation and Reintroduction Programmes in Sumatra and Kalimantan, Indonesia.” This work will be supplemented by further and related research publications in the near future, and the collective works will hopefully result in the development and implementation of important capacity building/ staff training programs for the benefit of Orangutan conservation. The research has also been supported by eleven other NGOs including Conservation International and the RSPCA International. Hannah Trayford (with Kay Farmer University of Stirling, Scotland) has also published a research article in the American Journal of Primatology entitled, “Putting the Spotlight on Internally Displaced Animals (IDAs): A Survey of Primate Sanctuaries in Africa, Asia, and the Americas.”

(due to drought and poaching for the illegal bushmeat trade) have led to increasing numbers of livestock being predated by lion. The consequences of such livestock predation can be retaliatory killing by local communities. The predators are killed either by spearing, or are poisoned using Furadan (or other lethal carbofuran). This deadly poison also presents a threat to other non-target species such as vultures, cheetahs and jackals. As a result, lion numbers are falling dramatically.

Male lion, Kenya © C. Searle

At 22,812 sq km, Tsavo East and Tsavo West National Parks form the largest Protected Area in Kenya. There are an estimated 675 lions in the Tsavo ecosystem, comprising around 34% of Kenya’s total population of lions (Conservation and Management Strategy for Lions and Spotted Hyaenas in Kenya, 2009 – 2014). Kenya’s Tsavo ecosystem has been identified as a key human-wildlife conflict hotspot by the Kenya Wildlife Service (KWS). The majority of attacks by lions on livestock are at night-time, when livestock are enclosed in traditional ‘bomas’ (night-time enclosures made of a ring of cut thorns, approximately 1.5m high). Predators find these bomas easy to penetrate, and livestock housed in the traditional bomas are therefore an easy target.

Orangutan and baby © iStockphoto/E. Gevaert

HSI supports more lion-proof boma construction in Kenya The Born Free Foundation reports: African lion (Panthera leo) populations in Kenya are becoming increasingly threatened. Shrinking habitats and reducing numbers of natural prey

Lion-proof bomas provide the perfect solution. These reinforced bomas are based on the traditional design and additionally incorporate a 2-metre high wire fence, fence posts, and 2 solid outward-opening metal doors. Highly effective (recording a 100% success rate so far), these bomas are easy to install and are

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Technical Bulletin good value for money. In an attempt to restore a harmonious relationship between the community and the lions, Born Free Foundation initiated a programme of lionproof boma construction in this area in 2011. The bomas have proven to be effective in barring not only the lions but also other predators from preying on community livestock in the bomas. Thanks to a new ‘costsharing’ initiative (in which the community contributes between 25-50% of the cost of the bomas) the funds provided by Humane Society International Australia were able to fund the construction of 3 lion-proof bomas.

Wildlife Action Partnership Grant Initiative (Vietnam) The Wildlife Action Partnership Grant initiative is a small grants program established in 2012 that is administered by Education for Nature – Vietnam (ENV) in partnership with the Humane Society International. Under the program, small grants, financed by HSI, are made available through a simplified application process for projects and initiatives that are considered to have direct impact reducing demand and consumption of wildlife in Vietnam. The grant program is also intended to help ENV identify and formulate active working partnerships with government and non-government agencies, as well as active individuals, who share a common interest with ENV in protecting wildlife. Priority focus areas include: anti-poaching enforcement campaigns in protected areas; investigations and research on wildlife crime*; strengthening the capacity of law enforcement; strengthening legislation and policy; demand reduction awareness activities and campaigns; mobilizing public action and support for wildlife protection; and working with the media to promote critical wildlife protection issues. (* Investigation and research activities must have direct implications for enforcement).

Note: Species groups given special consideration for support include tigers, bears,

rhinos, marine turtles, elephants, pangolins, gibbons and langurs. ENV is based in Hanoi. ENV Website: http://envietnam.org/

Next round of global freshwater turtle/tortoise conservation grants allocated Through its partnership with the global Turtle Conservation Fund (TCF), a collection of 14 leading conservation organisations and zoos (including Conservation International and the World Conservation Union) dedicated to the protection of Critically Endangered freshwater turtles and tortoises around the world, Humane Society International has helped fund a new half-yearly round of conservation projects. Over $40,000 was allocated to 10 projects in 8 counties (and an African regional plan):

Burmese Roofed Turtle (Batagur trivittata) © R. Hudson

Castellano, Christina, Liz Ball, Kate Freund, Charles Huang, Zegeye Kibret, and Taldi Walter, 2012, Conservation through education: Saving the Sokake of southern Madagascar; Yoeung Sun, Doug Tangkor, and Sean Kin, 2012, Cantor’s giant softshell turtle conservation project, Cambodia; Win Ko Ko, Steven G. Platt, and Kalyar Platt, 2012, Ecological study of the Arakan Forest turtle (Heosemys depressa) in the Rakhine Yoma Elephant Sanctuary, Myanmar; Platt, Kalyhar, Steven G. Platt, Khin Myho Myo, and Me Me Soe, 2012, A chelonian inventory of Lampi Island National Park, Myanmar with an emphasis on Batagur affinis

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Technical Bulletin and Manouria emys; Velosoa, Juliette, 2012, Post-release monitoring of Erymnochelys madagascariensis in Lake Ankomakoma and the Andranohobaka River, Ankarafantsika National Park, Madagascar; Smith, Dustin, and Frank Ridgley, 2012, Lamanai hicatee conservation initiative, Belize; Mifsud, David A, 2012. Kinixys Conservation Blueprint: a comprehensive assessment to ensure the future of the genus (sub-Saharan tortoises); Woolaver, Lance, 2012, Improving the captive husbandry and health care of Astrochelys yniphora in Madagascar; McCormack, Timothy, Nguyen Thi Thu Thuy, and Pham Thi Thu Hien, 2012, Initiatives to increase enforcement and awareness to protect the endemic turtles of central Vietnam; Sirsi, Shashwat, Gowri Mallapur, and Shailendra Singh, 2012, Distribution mapping and status assessment of Leith’s softshell turtle (Nilssonia leithii) in Peninsular India. TCF Website: http://goo.gl/4lS56

CITES victory for freshwater turtle and tortoise protection As noted in the lead story to this Technical Bulletin, the CITES (Convention on International Trade in Endangered Species) meeting held in Bangkok earlier this year, represented a great conservation victory for the protection of over 40 freshwater turtle and tortoise species, particularly in Asia. There was a successful vote by the Parties to CITES in favour of restricting trade in 44 Asian turtle and tortoise species, as well as three North American pond turtle species. These proposals were put forward by the United States and via a joint submission by the U.S. and China. HSI Australia had a special interest in seeing these listing proposals succeed, and with the rest of the HSI international delegation at CITES, worked hard to see a winning outcome.

Turtle egg smuggling bust in Indonesia HSI has been supporting marine turtle conservation efforts in Indonesia since 2000, and that commitment continues today. One of HSI’s key partners in Indonesia is ProFauna, whose turtle protection campaigns are currently funded by HSI and the UK Born Free Foundation. News from ProFauna’s work in Kalimantan this week relates to effective antipoaching enforcement activities as noted in their media release: “Good news for sea turtle conservation came from East Borneo. Approximately 10.000 turtle eggs which were about to be smuggled into East Borneo, particularly Samarinda, has been thwarted. In early May, an effort to smuggle 1.880 eggs from Bau-Bau, Southeast Sulawesi, to East Borneo via Semayang harbor Balikpapan, was also foiled. Last week, a dealer in Samarinda was arrested before he started the illegal activities, and a further 500 eggs were confiscated. In 2012, there were 5 smuggling efforts averted all coming from Southeast Sulawesi and headed for East Borneo. In total, about 7.500 eggs were confiscated. “This is an amazing number,” said Danang Anggoro, the head of Conservation Section, Nature Conservation Agency Region III East Kalimantan. In 2010, ProFauna Indonesia published a survey about the mounting turtle egg trade in Borneo (funded by HSI and Born Free). Of 29 locations visited across Borneo, 18 (62%) of them were engaged in the illegal egg trade. Subsequently, ProFauna was invited to a talks attended by representatives of Ministry of Marine Affairs and Fisheries, Ministry of Forestry, and Ministry of Home Affairs to discuss sea turtle conservation and prevention of illegal trade of turtles and their derivative products (shells, meats, and eggs)”. Many official confiscations have since ensued as a result of ProFauna’s official Kalimantan

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Technical Bulletin investigation. While this investigative work has been undertaken, so have their equally important educational activities, and this year ProFauna has been making a particular effort in schools throughout Bali. ProFauna Website: www.profauna.net

HSI asks Commonwealth to close rhino horn trade loophole HSI recently wrote to the Federal Government requesting the implementation of stricter domestic measures with regard to the import and export of rhino horn products, following reports from UK authorities of a possible trend in exports of rhino horns to Australia. Whilst Australia may not be a major destination for the trade in rhino products, HSI believes that tightening the application of our domestic laws to counter the apparent move to trade in antique rhino horns is one simple way to assist global conservation efforts. This follows recent discussions at CITES CoP16 in Bangkok, resulting in a Decision directing all Parties to ‘consider introducing stricter domestic measures to regulate the re-export of rhinoceros horn products from any source’. HSI has therefore requested that the Australian Government give consideration to implementing measures whereby no import or export permits be given for rhino horns of any age or from any source.

challenged the decision by the Federal Environment Minister to import eight Asian elephants from Thailand to Taronga and Melbourne Zoos. As a result of the case brought before the Administrative Appeals Tribunal (AAT), the combined NGOs were able to get a number of important conditions added to the import to improve the welfare conditions for the animals (Taronga 22/Melbourne 18). Since that time, HSI has closely monitored the elephants in both zoos, regularly commenting on significant events. In April 2013 HSI received correspondence from the Environment Department following a request from Taronga Zoo to revoke or vary one of these important conditions imposed by the AAT. We believe that is due to the need to move to a system of protected contact following the recent crushing of a zookeeper by a young male calf at the zoo, which would mean that one of the important conditions allowing socialisation between the male bull elephant and female elephants would no longer be possible. The male bull elephant in Taronga Zoo is kept separate from the rest of the elephants. Elephants have long life spans and complex social needs, one of our primary concerns and reasons for bringing the court case forward. HSI is therefore concerned at this latest move to deny the bull elephant the right to socialise with the other elephants. HSI has made its concerns known to the Commonwealth Minister.

HSI and the ACCC

Rhino species are under serious threat © L. Joubert

Taronga Zoo seeks to vary AAT conditions In 2005 HSI, together with the RSPCA and the International Fund for Animal Welfare,

HSI has enjoyed a fruitful relationship with the ACCC (Australian Competition and Consumer Commission) for a number of years now, with HSI plying the corporate regulator with a range of complaints (including many high profile producers) about false consumer advertising in relation to free range eggs and pork. With the ACCC fully attuned to the free range egg and pork debate, thanks to HSI’s activities, the matter became very high profile more than two years ago. At that time, the Australian Egg Corporation (AEC) lodged a Certification Trademark application seeking up to 20,000 hens per hectare to be labelled

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Technical Bulletin ‘free range’, thirteen times more than the current Model Code specifies, and in a clear attempt to highjack the market and deceive consumers. HSI submitted an official complaint to the ACCC which triggered their nation-wide request for public comment. An overwhelming majority (thanks to HSI members’ prompt actions) opposed AEC’s proposal as it clearly failed to meet consumer expectations of free range production. Eventually, the ACCC released a statement that they proposed not to approve the Certification Trademark lodged by AEC, as the standards may mislead consumers about the nature of eggs described as free range. The AEC quickly withdrew their highly controversial application before the end of 2012. Amid all this, the AEC lodged an opposition with IPA (Intellectual Property Australia) to the Humane Choice Certification Trademark (CTM). In a letter from their lawyers, AEC claimed that the words ‘true free range’ would “mislead consumers of eggs into believing the free range eggs they produce are not free range eggs and the industry would suffer as a result of the confusion.” The IPA subsequently refused the AEC request and the Humane Choice True Free Range CTM was registered, and Humane Choice remains as the only CTM for accreditation across all farm livestock for free range production. Late last year, Humane Choice lodged another complaint with ACCC about a major retailer’s misleading and deceptive conduct in relation to labelling of free range eggs. This time the complaint was about Coles Supermarkets and their push to stock free range hens at 10,000 per hectare, Coles having developed their own Standard, unsurprisingly, not made available to the public. In February this year the ACCC also named the ongoing concerns about “free range” eggs as one of their seven priorities for 2013. HSI’s vigilance and actions have ensured that the ACCC will continue to take a

high level interest in this crucial public interest and animal welfare matter.

HSI Director Verna Simpson, Senator Lee Rhiannon, and Humane Choice COO Lee McCosker deliver the cards

The public importance of the matter was reinforced in May this year when HSI deposited 40,000 post cards on the issue, at the office of the Prime Minister in Parliament House, supported by Greens Senator Lee Rhiannon. To read more: www.humanechoice.com.au

Humane Choice lauds South Australian decision on free range eggs HSI’s Humane Choice addressed a South Australian government forum in July 2012 accompanied by several free range egg producers from that state. There was keen interest in how consumers and producers were being affected by misrepresentation being made on egg cartons when it came to the claim of free range. South Australian Minister for Business Services and Consumers, John Rau, announced on the 16th June a proposed industry code to settle the debate over the definition of free range eggs. While the new code will be voluntary it demonstrates the government’s position on the definition of free range for eggs by setting the stocking rate for outdoor hens at 1,500 birds per hectare. The controversy over free range labelling has been played out in the media for some time

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Technical Bulletin now with consumers voicing their concerns to an industry body that doesn’t want to listen. Free range egg buyers have been at the mercy of large egg corporations seeking to cash in on demand for free range eggs and have been aided by supermarkets that seem to have taken on the role of industry regulator. This proposal gives the power back to the people by allowing them to make an informed buying decision and will encourage the supermarkets to make available a broader selection of eggs in their stores. The majority of eggs on their shelves at present would not pass the compliance test. The industry code should bring clarity to the free range confusion and those producers that are meeting consumer expectation will stand out from the crowd. Consumers will then be able to decide if they are willing to pay a little more for what they want or accept eggs grown under a more intensive operation. The choice will be made a lot clearer. There is still a confusing abundance of free range claims on eggs, many meaning very little and they are eroding the integrity of the free range industry. At least South Australian consumers will be able to weed out the less than honest ones. Humane Choice is working with the South Australian government and hopes to announce a co-regulatory arrangement that will see our accredited farms automatically comply with the new industry code.

Global Oceans Commission reaches out Pew (the Washington-based Pew Environment Group of the Pew Charitable Trusts) has provided substantial seed funding to establish an independent Global Ocean Commission (GOC) hosted by Sommerville College at Oxford University. The GOC is a group of concerned individuals of global stature on a mission to galvanise reform of how our oceans, especially the high seas, are managed and of how maritime uses and users are regulated and controlled.

One of the GOC Commissioners is our very own ex-Senator Robert Hill, the architect of oceans policy in Australia as Environment Minister in the incoming Howard Government in the late ‘90s (and of the Environment Protection and Biodiversity Conservation Act, 1999 being used as the statutory basis for rolling out regional marine plans in waters around Australia). One of the early jobs Commissioners have given themselves is to reach out to, and consult with, those interested in the future of our oceans. To help, HSI recently convened a meeting in Sydney for Robert Hill to brief Australian NGOs on the GOC and to make us all aware of the opportunity to contribute. The meeting was kindly hosted by the Environmental Defenders Office. The GOC is developing a detailed and comprehensive package of proposed reforms for finalising late next year and the hope is that the heightened interest as a result of the ongoing stakeholder consultation will generate the substantial political will needed to drive real change - among both governments and businesses - to be more conservation-minded, responsible and effective in how they control and use ocean space and marine resources. More at: www.globaloceancommission.org

Southern Ocean MPAs – a big decision in the offing For only the second time in its thirty-year history, CCAMLR has convened a special intersessional Commission meeting – in Bremerhaven - to shortly decide whether or not, and thence how, to roll out a network of representative Marine Protected Areas (MPAs) throughout the Southern Ocean. CCAMLR is the Hobart-based Commission for the Conservation of Antarctic Marine Living Resources that all countries with an interest in the Southern Ocean are members of. The commitment to establish MPAs is based on one of the 2002 World Summit on Sustainable Development (WSSD [Rio+10] commitments) to establish networks of representative MPAs ‘by 2012’ (a commitment championed by

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Technical Bulletin Australia’s ex-Senator Robert Hill as the then Howard government’s Environment Minister). CCAMLR is still the only regional body to agree to implement this WSSD commitment and some countries, especially those with substantial distant water fishing interests and fleets, are understandably nervous. CCAMLR is rolling out a series of sub-regional technical workshops which are generating MPA proposals. Substantial proposals have been formally presented to CCAMLR by New Zealand and the USA for the Ross Sea and by Australia and France for East Antarctica. While the scientific basis for the MPA proposals has been generally accepted by all countries, a small number of countries, especially Russia and China (and Norway, Korea and Japan to some extent), are still wary, especially of accepting controls on customary freedom to exploit resources on the high seas. The substantive issues raised by these wary fishing nations include: wondering about the whole legitimacy of and commitment to the concept of ‘representativeness’ as a basis for MPA designation (and of reserves/no-take areas as a management designation – which rather undermines the whole intent; inserting a sunset clause (in case the whole MPA idea turns out to be a bad one) – which negates the whole purpose of seeking out and seeking to permanently protect those areas deemed most valuable for biodiversity conservation; insisting that proponents of MPAs should shoulder the costs of conducting the science needed to maintain the case for conservation and to monitor things – despite the fact that the MPAs would be CCAMLR MPAs for which all members would be responsible; and modifications of boundaries and management to minimise impacts on commercial fishing opportunities – which rather goes against CCAMLR’s ‘conservation’ charter. Whether these concerns are genuinely held or are tactical surrogates for a desire to say ‘no’ to the overall concept of MPAs as an inherent component of a commitment to conserve the

world’s oceans remains unclear. The Bremerhaven CCAMLR Commission meeting is going to be both interesting and important – not just for the conservation management of the Southern Ocean but for the whole future of high seas MPA establishment, globally. HSI is a Board Member of the Antarctic and Southern Ocean Coalition (ASOC) and a Partner in the Antarctic Oceans Alliance (AOA) and both ASOC and AOA will have a strong presence in Bremerhaven. ASOC Website: www.asoc.org/ AOA Website: http://antarcticocean.org/

HSI helps achieve landmark EU shark finning ban HSI has been actively working within the European Union (EU) to achieve a shark finning ban, and at the end of 2012 welcomed the EU’s move to close the loopholes in the EU shark finning ban, preventing the removal of fins of sharks on board vessels. The existing EU legislation allows permits to be issued for the removal of fins on board vessels and for fins and carcasses to be landed at different ports. This loophole renders the legislation unenforceable and makes it possible for fully conscious sharks to have their fins sliced off and their bodies discarded at sea, an incredibly slow and painful death for these sharks. The new regulations will greatly facilitate the collection of data on shark catches by EU vessels making an important contribution to the conservation of shark populations. The Council of the European Union finally adopted the new provisions on June 6, forbidding shark finning by all vessels in EU waters and by all EU-registered vessels anywhere in the world.

Shark fins drying © S. Fordham

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Technical Bulletin HSI stays on supertrawler and seabird trail HSI welcomed the declaration made by Minister Burke in April 2013 to stop large capacity commercial fishing vessels from operating in the area of the Small Pelagic Fishery for two years. This decision by the Minister prevents the supertrawler the Abel Tasman (formerly the FV Margiris) from operating as a mother ship to a fleet of smaller fishing vessels, which was the latest proposal put forward by Seafish Tasmania. HSI had raised significant concerns with the Federal Minister over the operation of the trawler as both a fishing vessel and a mother ship due to our apprehension over the impact on bycatch species and particularly the impacts on protected seabird species such as albatross. These concerns follow a recent increase in our understanding of the impact that trawling operations have on seabirds.

incidental catch (or bycatch) of seabirds during oceanic longline fishing operations (the ‘longline TAP’) is also expected to begin shortly. HSI will continue to highlight the need to upgrade measures to actually meet the existing ‘zero bycatch’ goal that CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) is well on the way to achieving.

Seabird bycatch increases HSI has recently learnt that the level of interactions with seabirds in the longline sector of a shark fishery has recently exceeded the permitted level. This level was negotiated with and agreed by Government following work by HSI to draw attention to the bycatch of seabirds especially threatened albatross and petrel species. Our aim has been to achieve a zero bycatch of seabirds in all longline fisheries in Australia. Particularly disappointing is the length of time taken to make public these interactions, with reports from the 2011/12 fishing season just in. HSI is working towards clarifying further details on this issue and hopes that the bycatch of these seabirds will not be in vain, and that additional efforts will now be made by the fisheries’ management agency to ensure that seabird bycatch is further reduced.

HSI’s work on bycatch policy continues

Black-browed albatross © iStockphoto/S. Kuwasaki

HSI continues to monitor the bycatch of seabirds in trawl fisheries more broadly, and we look forward to receiving the results of an assessment currently underway in the Commonwealth trawl fishery, which is looking at seabird interactions and the effectiveness of the mitigation measures already in place. HSI has also been looking at the NSW Ocean Trawl Fishery carefully and has written to the NSW Fisheries Minister with our concerns about possible albatross bycatch in this fishery. In addition the consultation on the variation of the Threat Abatement Plan 2006 for the

HSI continues to actively engage in the ongoing review by the Federal Government, led by the Department of Agriculture, Fisheries and Forestry, of the Commonwealth policy on fisheries’ bycatch. After many months of engagement in our capacity as a member of the Advisory Committee the review report was released in late May and is now with the Fisheries Minister to decide on next steps. HSI is working closely with WWFAustralia, TRAFFIC and AMCS (Australian Marine Conservation Society) as part of this work. In additional HSI is also working with WWF-Australia, TRAFFIC and AMCS on the review of the Commonwealth Harvest Strategy

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Technical Bulletin Policy. This review report is also now with the Minister for his consideration.

Sea lions, a ‘bycatch’ species under threat © S. Conway

December 2012. HSI and our NGO colleagues prepared a detailed and extremely thorough submission with the assistance of Mary Lack, and subsequently met David Borthwick and DAFF staff to further discuss our recommendations and experiences with Commonwealth fisheries. The review’s recommendations were released in March 2013, and the Government now proposes to hold further public consultation to discuss these recommendations, many of which it has stated it supports in principle. HSI will continue to actively engage in the review process.

HSI presents to AFMA staff in Canberra

First offshore referrals under EPBC for seismic activity

In April 2013 HSI was invited to be part of a panel presenting to AFMA (Australian Fisheries Management Authority), DAFF (Department of Agriculture Fisheries and Food) and Department of SEWPaC staff as part of AFMA’s strategic review. HSI presented what it believes the priorities should be for the next 12-24 months and issues that AFMA should focus on. This targeted the need for greater transparency in AFMA processes, and the multiple opportunities that are likely to arise out of the ongoing reviews of bycatch and harvest strategy policy. HSI will continue to play an active role in this arena, working to ensure that bycatch is reduced to as close to zero as possible in all fisheries.

HSI recently joined a coalition of NGOs in opposition to a proposal by Bight Petroleum to conduct 3D seismic surveys, drilling in deep water pools located about 100km west of Kangaroo Island and 60km east of Eyre Peninsula. In mid-January the combined groups secured an important win when the Federal Environment Minister declared the company's plans a ‘controlled action’ under the EPBC Act (Environment Protection & Biodiversity Conservation Act, 1999) with further assessment by ‘preliminary documentation’, on the basis that he was concerned about the impact to EPBC Act listed species and the marine environment, putting the proposal by Bight Petroleum under unprecedented legal scrutiny. That these have long been difficult marine triggers for us to leverage under the Act made this incremental win doubly sweet, especially for such an important marine environment.

Review of Commonwealth Fisheries Legislation, Policy and Management HSI has also been working closely with WWF-Australia, TRAFFIC and AMCS on the review of the legislation, policy and management of Commonwealth fisheries (Fisheries Management Act 1991 and the Fisheries Administration Act 1991), better known as the ‘Borthwick review’. This review was announced in September 2012 following the significant public outcry as part of the supertrawler campaign, and the Government appointed David Borthwick AO PSM to conduct the review, which reported in

In February however, Bight Petroleum withdrew their proposal in response to the decision by the Minister, opting to resubmit it again with changes in March. HSI joined forces with NGO colleagues and the local Kangaroo Island community in response to the latest proposal, once again urging the Minister, in a detailed submission, to reject the referral on the grounds that it risks the region’s threatened and migratory species and the

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Technical Bulletin Kangaroo Island Pool and Canyons marine biodiversity. On 30th May we received confirmation that the Minister would uphold his previous decision, once again declaring the seismic survey a ‘controlled action’ under the EPBC, subject to further environmental assessment.

already listed, adversely affected’. That this process has taken almost 10 years to reach this conclusion is very disappointing. Confirmation was also received that two gulper sharks (Harrisson’s dogfish, Centrophorus harrissoni, and Southern dogfish, C. zeehaani) have been listed under the EPBC Act as conservation dependent following substantial work to implement a management strategy. HSI played an active role in this process and together with WWF was responsible for first highlighting our concerns to AFMA and helping to ensure that fisheries’ closures were put in place to protect these threatened species. Listing information for both species can be found at http://goo.gl/kgblu and http://goo.gl/xHU2O respectively.

Seismic surveying affects species © Shutterstock/D. CGI

The proposed area for the seismic surveys is critical habitat for a number of listed species such as the Australian sea lion, great white shark, southern bluefin tuna, school shark and a number of cetaceans including blue whales, southern right whales, sperm whales and many more. This decision by the Minister is therefore an important win for all these species, which we hope that Bight Petroleum will not try to circumvent again. In the meantime HSI continues to work with NGOs against further threats to the Great Australian Bight posed by oil and gas wells. Groups are calling on the Government to reject proposals put forward by BP to drill 4 oil and gas wells, due to the impacts these will have on protected species.

Gulper sharks listed, KTP rejected HSI recently received confirmation that our 2005 nomination to list ‘Damage to marine ecosystems by trawling in the area of the Southern and Eastern Scalefish and Shark Fishery’ was rejected – ‘due to no evidence that this process is currently causing any individual species or ecological community to become either eligible for listing in a category higher than conservation dependent, or if

ICJ update and HSI plans for contempt of court case The International Court of Justice (ICJ) has announced hearing dates for Australia’s case against Japan on whaling in the Southern Ocean. New Zealand is also intervening in the case. The hearings will take place in the Peace Palace in The Hague, the Netherlands, from 26 June until 16 July. The first two weeks will see Australia and Japan present their arguments, and then NZ will present their observations on the 8 July, followed by a second round of arguments from Australia and Japan. More details about the hearings can be found in the ICJ press release here: http://goo.gl/KVDwc. Meanwhile, HSI is continuing to gather evidence to bring forward a contempt of court case following the failure of the Japanese company responsible for Southern Ocean Whaling, Kyodo Senpaku Kaisha, to abide by the HSI-obtained 2008 Federal Court injunction.

HSI joins IWC global workshops HSI staff recently attended a number of International Whaling Commission (IWC) meetings including the IWC Conservation Committee workshop for whale-watching

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Technical Bulletin operators to discuss the 5-Year Strategic Plan for Whale watching in Brisbane, the IWC Marine Debris workshop in Woods Hole, Massachusetts, US, and the IWC Scientific Committee, in Jeju, Republic of Korea.

seabird species and continues to attend ACAP in order to try to accelerate the widespread implementation of effective mitigation measures. This is the third consecutive ACAP meeting at which HSI has urged Members to make mandatory, the appropriate line weighting requirements for seabird bycatch mitigation in all longline fisheries, irrespective of additional mitigation measures. Evidence to assist Members to support such action can be found in meeting documents SBWG 31, 33 & 49. A gulf exists between the recent adoption by virtually all TRFMO’s of effective mitigation measures on paper and the demonstrated uptake and proven at-sea performance of these measures. This shortfall must be addressed.

IWC Website: http://iwc.int/

Humpback whale and calf © iStockphoto/melissaf84

Convention for the Agreement on Conservation of Albatrosses and Petrels HSI consultant and seabird expert Nigel Brothers recently participated as an Observer at the 7th meeting of the Advisory Committee to the Convention for the Agreement on Conservation of Albatrosses and Petrels, including its Population and Conservation Working Group 1 and Seabird Bycatch Working Group 5, in La Rochelle France from 29 April to 10 May 2013. The ACAP is a Convention developed primarily to address the impact of seabird mortality in global fisheries, recognising that international cooperation is essential to achieve this. HSI played a key NGO role in the development of this important agreement. Currently there are 12 signatory countries and 2 non-member range state participants. The following is HSI’s Opening Statement to the meeting: “Humane Society International (HSI) Australia, appreciates the opportunity provided by the ACAP parties to participate as an Observer at AC7, and would also like to thank this year’s meeting host country, France. HSI is particularly concerned about the fisheries bycatch of the ACAP listed

In trawl fisheries that also cause seabird mortalities, there is a need to identify mitigation measures that are dependable. Incorporating certain features into the construction of new ships can solve many bycatch problems in both trawl and longline fisheries, but this is a neglected aspect of bycatch mitigation efforts. It is important to remember that the escalating paper-driven processes associated with the conservation effort for ACAP listed species are of limited value unless they directly precipitate practical improvements at-sea. The continuing success of efforts by Member countries to eliminate on-land threats to many ACAP listed species is impressive and will hopefully remain a focus of members.”

Wandering albatross in flight © iStockphoto/C. Tait

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Technical Bulletin The following extract highlights interventions at the meeting:

HSI’s

HSI highlighted the importance of considering conservation status of all ACAP listed species impacted by fisheries at the population level not just at the species level, and to achieve this it was recommended that the appropriate sampling and DNA testing be implemented. This proposal was put forward by the WG’s and supported by the AC for endorsement at the next MoP.

HSI made its position clear at the meeting in relation to the following 2 issues discussed, with these views generally also held by members: o

o It was suggested by HSI that the ACAP TRFMO (and BirdLife) engagement strategy was deficient and needed to include the activities of CCSBT in particular. Justification for the inclusion of CCSBT was provided to the meeting resulting in a reconsideration of the strategy.

Lethal experiments – HSI does not agree with conducting lethal experiments, maintaining that bycatch mitigation measure research should always be evaluated against existing bycatch measures used in that fishery in order to minimize research impacts. De-listing ACAP Annex1 species – HSI opposed the concept of developing a de-listing process, maintaining that Annex1 listing should be permanent.

ACAP Website: http://goo.gl/DpR1Z

Humane Society International Inc. ABN 63 510 927 032 PO Box 439 Avalon NSW 2107 Australia Telephone (02) 9973 1728 Facsimile (02) 9973 1729 Email [email protected] Web www.hsi.org.au ISBN 978-0-9874641-4-9

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