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The Cape Byron Marine Park

Covering approximately 22,700 hectares, the Cape Byron Marine Park extends from Brunswick Heads in the north to Lennox Head in the south.

diver and grey nurse shark - image courtesy of sundive.com.au Its diverse marine life includes many species of dolphins, seabirds, turtles, fish, seaweeds and invertebrates. The marine park is also home to threatened species, such as little terns, grey nurse sharks and leatherback turtles.Visitors can enjoy a wide range of activities in this multiple-use park, including fishing, diving, snorkelling, boating, kayaking, windsurfing, swimming and surfing.

The Marine Park is a contentious issue, with everyone wanting what they believe is best for the ocean and the community. It is cetainly a delicate issue, however a number of public forums exist, and they have been utilised passionately by the community.


Ian MacDonald, the Minister for Primary Industries states in the Park Draft Zoning Plan:

" Cape Byron Marine Park was declared on 1 November 2002 as part of the NSW Government's commitment to the development of a representative system of marine protected areas. The Marine Park contains a wide range of marine and estuarine habitats including an important aggregation area for the endangered grey nurse shark at Julian Rocks. The marine environment includes a variety of reefs, intertidal rocky shores and sandy beaches that provide important habitat for threatened and protected species such as little terns, loggerhead and green turtles.

The Marine Parks Authority is currently developing management arrangements for the Cape Byron Marine Park. The Authority is committed to protecting biodiversity and providing for sustainable use of the Marine Park through the establishment of zoning and operational plans.

Involvement of the community is very important to assist us in this planning process. This draft plan has been prepared to give everyone a chance to have a say about zoning and related management issues for the Cape Byron Marine Park. "

The report also states:

rays @ julian rocks - image courtesy of sundive.com.au "Cape Byron Marine Park (the Marine Park) covers an area of over 22,000 hectares, extending from the northern breakwall of the Brunswick River in the north to Lennox Head in the south, and from the mean high water mark (MHWM) and upper tidal limits of coastal estuaries, seaward to three nautical miles (as shown on Map 1).

Climatic and oceanic influences in the Marine Park provide an environment where both tropical and temperate species co-exist. As a result the region supports a biologically diverse range of marine species and habitats (Appendix 1), including threatened and protected species and species endemic to the area. The Marine Park is also used for a variety of commercial and recreational purposes.

The Marine Parks Authority collected biological and use information and has consulted through meetings and workshops with the Cape Byron Marine Park Advisory Committee to develop a Draft Zoning Plan.

Information on the Cape Byron Marine Park including habitat maps and descriptions and the results of user questionnaires has been collated in a Background Resources Document, which is available on the Authority website (www.mpa.nsw.gov.au) or from the Cape Byron Marine Park Information Centre. NSW Marine Parks are managed under the Marine Parks Act 1997 (the Act).

The objects of the Act are:

(a) to conserve marine biological diversity and marine habitats by declaring and providing for the management of a comprehensive system of marine parks,
(b) to maintain ecological processes in marine parks,
(c) where consistent with the preceding objects:
(i) to provide for ecologically sustainable use of fish (including commercial and recreational
fishing) and marine vegetation in marine parks, and
(ii) to provide opportunities for public appreciation, understanding and enjoyment of marine parks.
Consistent with the objects of the Act, the Draft Zoning Plan aims to protect representative examples of
habitats and species in sanctuary zones. Consideration is also given to provide for ongoing use of the Marine
Park for a range of recreational and commercial activities.

moray eel @ julian rocks - 9image courtesy of sundive.com.au The Draft Zoning Plan includes the following zone types:


* Sanctuary Zones

Sanctuary zones provide the highest level of protection for the habitat, animals and plants and areas of cultural significance by removing all fishing and collecting activities. Only activities that do not harm plants, animals and habitats are permitted.

* Habitat Protection Zones

Habitat protection zones conserve marine biodiversity by protecting habitat and reducing high impact fishing activities. This zone can also provide a buffer to sanctuary areas. A range of 'extractive' activities can occur within a habitat protection zone, including line fishing, and hand gathering.

* General Use Zones

The general use zones provide for a wider range of activities including both commercial and recreational fishing. General use zones complement other marine park zones by providing an integrated approach to management for the entire Marine Park.

* Special Purpose Zones

Special purpose zones are used to manage specific sites. For example, special purpose zones have been used in NSW marine parks for boat harbour management, Indigenous use, rehabilitation and aquaculture.

DRAFT ZONING PLAN FOR CAPE BYRON MARINE PARK:
Native title interests


A Native Title Claim by the Arakwal people exists over part of the Cape Byron Marine Park, including coastal waters between Brunswick River to the south of Broken Head. In response to initial representations of the Arakwal people regarding zoning of Cape Byron Marine Park, the draft zoning plan includes a special purpose zone at Tallow Beach and Tallow Creek which allows for traditional cultural activities.

In addition to considering public submissions on the draft zoning plan for Cape Byron Marine Park, the Marine Parks Authority will also be taking into account the development and content of any Memorandum of Understanding with the Arakwal people in moving towards finalization of a zoning plan.

More details can be obtained by contacting:

Marine Park Planning Officer
Cape Byron Marine Park
PO Box 127
BYRON BAY NSW 2481


leopard shark @ julian rocks - image courtesy of sundive.com.au DRAFT ZONING PLAN FOR CAPE BYRON MARINE PARK:
Section 2: Summary of draft zoning plan
Sanctuary Zones (6080ha, 27.5% of Marine Park) represent samples of the following habitats:


* A representative portion of the estuarine systems would receive protection with approximately 36.1% (89.1ha) of this habitat-complex to be included in sanctuary zones. Sanctuary zone is proposed for areas of Simpsons Creek and Marshalls Creek in the Brunswick River Estuary (a mature barrier estuary). Areas of seagrass (3.1ha) and mangrove (67.1ha) are included in this high level of protection, as are a range of sand flats that support a variety of shorebirds and migratory waders.

* Approximately 14.6% of beach habitat is proposed for inclusion within sanctuary zones. Protection is provided for several sandy beach 'shallows' which are important nursery and feeding areas for a variety of fish and home to a variety of invertebrates such as molluscs, amphipods and worms.

* Rocky shores (including rock platforms and boulder habitats) including areas around Cape Byron and Broken Head would receive protection with approximately 43.5% of this habitat to be included in sanctuary zones. These areas were identified as supporting distinct community types in an exposed area. Protection is provided to areas of the unique oceanic lagoon (Bream Hole/Moat) at Lennox Head, which is the most biologically diverse rocky shore in the Marine Park, supporting over 180 species of invertebrate animals and stands of seagrass.

* Representative portions of seabed sediment (approximately 27%) including the shallow inshore areas, out to the ecologically diverse offshore areas at depths of around 50 metres, are proposed to be included in sanctuary zones. Many species live on or within the sediment including prawns, spanner crabs, worms, molluscs and echinoderms.

* Approximately 59.8 % of subtidal and offshore reef would be included in sanctuary zones. Subtidal reefs such as Bait Reef, Wide Wilsons Reef and Old Man Reef and the large areas of the biologically diverse reefs surrounding Julian Rocks are proposed within sanctuary zones. Habitat Protection Zones (4255ha, 19.3% of the Marine Park)

In this Draft Zoning Plan, all parts of estuaries, beaches and intertidal rocky shores not included within sanctuary zones, would be included in habitat protection zones.

The full report may be found at the Marine Park Authority's website.


The National Parks Association of NSW report:

"Early August saw the release of the draft zoning plan for Cape Byron Marine Park. Just 27% of the park is offered full protection. Therefore almost three quarters remains open to fishing pressures.

Marine parks are created because of their high conservation values and therefore should be offered real protection from threats. The Marine Parks Act (1997) was passed to 'conserve marine biological diversity and marine habitats' yet current efforts in NSW at offering real protection within marine parks are ridiculing this legislation.

NSW has only 4 marine parks and only a small percentage of waters within these are fully protected. These fully protected marine sanctuaries are increasing being recognised as the most effective conservation tool for management of marine habitats and fisheries. Scientists recommend zoning at least 20% of all marine habitat types as sanctuary to conserve fish stocks and biodiversity. Currently only 2% of NSW waters are protected in this way. To reach this minimum target NSW needs to create more marine parks and abide by its Marine Parks Act by protecting the majority of each park as sanctuary.

Cape Byron lies within the Tweed-Moreton Bioregion which comprises approximately the northern quarter of the NSW coast and extends into Queensland waters. This bioregion has 2 of NSW 4 marine parks, yet 98.5% of the NSW section of this bioregion remains open to fishing.

On a positive note, the Cape Byron Marine Park submissions reflected a recent positive shift in attitudes towards marine sanctuaries. The fishing sector have previously been unsupportive of sanctuaries yet their submission for this park suggested that 12% be zoned in this way. Although still substantially below scientific recommendations, this is a great step forward from a group who previously were totally opposed to the concept.

Scientific evidence shows that establishing fully protected marine sanctuaries allows marine life within these areas to thrive. This subsequently 'spills over' to surrounding areas and allows for sustainable fishing. In this way the biodiversity of the waters is conserved, tourism and diving industries reap the aesthetic benefits of its protection and fishing can continue without any detrimental consequences.

Scientific research suggests that 20 - 30% of marine waters must be conserved to fully protect our marine environment. At present adequate protection has only been provided to under 1% of the marine bioregion encompassing Cape Byron Marine Park"




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