Crown Lands is writing in response to your letter dated 22 October 2012 in relation to the Public Exhibition of the EIS for the above mentioned proposal.

Please see attached letter of submission

Port Stephens branch of NSW Farmers Association has, in General Meeting, voted to support the proposal by NSW DPI for a 20 hectare aquaculture lease at Providence Bay.
We believe that such research developments are essential to the future supply of marine produce, both in Australia and world-wide.
With increased pressure on wild fish stocks, and increased fishing effort globally, fish farming is clearly the way of the future,
and needs to be supported and encouraged wherever possible.
Thank you for the opportunity to comment.

To whom it may concern;

Re: Fisheries Proposed Marine Research Lease for aquaculture usage

Interactions between aquaculture and marine mammals are not benign. Consequences of aquaculture posed to marine mammals as per literature include death or injury via entanglement in gear, displacement of marine mammals (e.g. displacement of marine mammals from key regions of foraging importance) altered food chain, disruption of migratory routes, competition of space and human intervention (Wursig and Gailey, 2002; Kemper et al., 2003; Markowitz et al., 2004; Capps and Mann, 2005; Ribeiro et al., 2007).

Assessments of potential impact or posed impact of aquaculture are evaluated via baseline assessments of habitat usage, behaviour and distribution of animals and proximity to habitat (Markowitz et al., 2004) followed by research on comparing habitat usage, behaviour and distribution of animals during aquaculture operation.
The region proposed for aquaculture, consists of small odontocetes (bottlenose dolphins and common dolphins) large cetaceans (e.g. migratory Humpback whales) pinnipeds and sharks (e.g. critically endangered grey nurse shark). Reservations need to be expressed on the development of aquaculture in this area on the following grounds:
a) no baseline data is available on the common dolphins that utilise this area, and minimal data available on bottlenose dolphin usage outside Port Stephens region
b) possibility that the migratory routes of humpback whales may be altered by the presence of aquaculture
c) entangled of cetaceans, pinnipeds and sharks
d) potential displacement/disruption to foraging behaviour of animals that cannot evaluated in the absence of base line data and therefore, effective mitigation strategies cannot be implemented
e) potential entanglement of grey nurse sharks . The pregnant females of grey nurse sharks travel from Wolf Rock, Queensland and are considered to pup in waters near the proposed aquaculture development. This poses risks to entanglement of breeding females and males (males also observed in area) and entanglement of pups to a stock that is classified as critically endangered and susceptible to entanglement.

Therefore, I would recommend that before such lease is considered or pre- development of this industry that baseline data on all concerning taxa is accumulated to develop a better understanding of the potential consequences on an individual, species and ecological level can be better assessed. Furthermore, this should be accompanied by during data and reviewed by independent university researchers.

Department of Planning & Infrastructure Application
Application SSI-5118

Marine Aquaculture Research Lease, Providence Bay, Port Stephens

I wish to object to Application SSI-5118 on the following grounds:

The data supplied within the Environmental Impact Statement (EIS) grossly underestimates and misrepresents the number of migratory species who pass through the area each year.

For example Humpback Whale Megaptera novaeangliae (listed as vulnerable) has a mere 3 sightings listed in the Wildlife Atlas. Each year in June, an Annual Whale Census occurs along the NSW coast. In 2008 and 2009 over 20 individuals were sighted and recorded on this day alone. More recent information,ORRCA can be obtained through ORRCA and their partnership with NPWS. ORRCA work closely with NPWS in the area attending and documenting strandings and deaths. This important community environmental group appear to have not been included in the consultation procedure.

The Grey Nurse Shark Carcharias taurus (listed as critically endangered) has been regularly sighted by scuba divers over the past 12 months on a number of occasions around north and western sides of Cabbage Tree Island, and also Fingal Island, much closer proximity than outlined in the EIS.

Research by Dr Barry Bruce over the past few years has identified the area as important for the juvenile Great White Shark Carcharodon carcharias (listed as vulnerable). The impact of the fin fish lease to their annual migration can only be implied.

Research on local dolphin species behaviour has been undertaken by local dolphin watch operators - installing the structure will impact long term data sets.

The EIS quotes Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). In my opinion, the fin fish research lease does not adhere to the aims of the Act. It has not provided sufficient information to protect a number of vulnerable and critically endangered species ( in particular those listed above), does not promote the conservation of biodiversity and does not provide for the protection and conservation of marine heritage.

The Port Stephens area is an important tourism hub and sustainable tourism activities: dolphin watching, whale whale watching and offshore scuba diving bring tourist dollars to the area. Many people have their first experience with larger marine mammals abord these vessels and come away with a greater awareness and appreciation of the need to protect these species and the marine environment. The loss of income to these local businesses will be substantial if the facility is allowed to proceed in addition to a loss of an environmental education opportunity.

I request the submission review panel to use the precautionary principle when assessing the application and EIS. It is impossible to provide a closed system for the proposed lease. The ocean is complex and adding new inputs - both fish stock and feed may have far reaching impacts (financial, geographic and temporal). Flow on effects cannot be managed within a short timeframe as the site will not be monitored 24 hrs/day and travel between the facility and land base will potentially add to reaction times if there is an incident.


The application does not abide by the principles of ecologically sustainable development as it does not protect the marine biological diversity of the area and does not assist in the development of a strong, growing and diversified tourist economy which can enhance the capacity for environmental protection for many years, and generations to come.

I would ask the submission review panel to consider these points before making a decision on the application and request it does not proceed.

Thank you for the enlightning exhibition demonstrated at the local hall last week. Personally and as spokesman for our club I wish you all the best. As recreational fisherman we see wild fish stocks deminishing before our eyes as a result of over fishing.If your research leads to availability of fresh fish to those who cant catch their own our wild stocks may get some relief. We feel proud to have this in our back yard as we hope it may generate local employment, tourism and endourrces our pristine enviroment. Thanks again and good luck.

I would like to offer the attached letter of support for this application. Marine aquaculture in NSW specifically cannot go forward unless this EIS is approved and this research is allowed to be be validated at a commercial level.

The NSW Aquaculture Research Advisory Committee (ARAC) is a statutory body established under the provisions of the NSW Fisheries Management Act 1994. ARAC comprises an independent chair and representatives of the oyster and non-oyster aquaculture industries.

ARAC advises the Minister on the level of contributions to and expenditure from the trust accounts established for annual contributions made by permit holders (oyster and land-based research levies) and advises on the directions/priorities for research that will benefit the NSW Aquaculture Industry.

ARAC fully supports sustainable seafood and has had positive discussions on the Marine Finfish Research Lease Providence Bay, Port Stephens - ARAC strongly supports
this research.