REPORT TO COMMUNITY, HOUSING, ENVIRONMENTAL

REPORT TO COMMUNITY, HOUSING, ENVIRONMENTAL SERVICES & PUBLICWORKS COMMITTEEProtecting Blue Groper at Ben Buckler and Environs (A08/0321)Report dated 19 January 2010 from the Director, Planning and Environmental Services aboutCouncil’s investigation into the options for restricting spearfishing and fishing at Ben Bucklerand surrounding environs.Recommendation: That:1.This report be received and noted.2.In the short term, Council implements a combination of Options 1, 2 and 3 as outlinedin this report.3.In the long term, Council consider Options 4 and 5 as outlined in this report.Purpose of the ReportThis report is in response to a Council motion fromJune 2009 requesting Council officers investigate theshort term options to restrict spear fishing and fishingat Ben Buckler and environs, in order to promote thesafety of swimmers and protect the Blue Groperpopulation. This report explores the potential shortand long term strategies that could be adopted byCouncil to restrict the activities of spearfishing fishing within the Bondi area.BackgroundThe Ben Buckler area has become an attractive location for various recreational activitiesincluding swimming, snorkelling and diving due to the diverse aquatic life present. During thelast Clean Up Australia Day, divers participating in the underwater cleanup reportednumerous sightings of the protected Blue Groper-Achoerodus viridus and Weedy SeaDragon-Phyllopteryx taeniolatus in this area.Ben Buckler (refer to Figure 1) has also become a popular spot for spear fishing with entryinto the water via Flat Rock adjacent to Mermaid Rock. The proximity of spear fishing toother swimmers has given rise to public safety concerns in this area however there havebeen no known spearfishing related incidents in the past 13 years.The use of spearguns in areas known to have populations of Blue Groper may also result inunintentional fatalities of the protected species by inexperienced divers, which could lead to adisturbance in the community structure of the species. Reef habitat destruction and overharvesting of local fish species may also occur from spearfishing activities.It is important to note that Council does not have authority to restrict spearfishing practicesbelow the low water mark. All activities beyond this area are regulated by the Department ofEnvironment, Climate Change and Water - DECCW under the Fisheries Management Act1994. Currently, DECCW policy allows spearfishing activities in the Ben Buckler area. Unlessresults from the current groper tagging project identify the area as vital habitat for the BlueGroper, or a serious incident occurs, it is unlikely that DECCW would change its policy in theshort term.139

REPORT TO COMMUNITY, HOUSING, ENVIRONMENTAL SERVICES & PUBLICWORKS COMMITTEEIn an attempt to prevent any problems that may arise from spearfishing equipment beingcarried in surrounding public areas, Council introduced a policy in November 2005 prohibitingthe carriage of spearfishing equipment within Ray O’Keefe Reserve which is the only suitableaccess point to the water for the Ben Buckler area. This restriction is regulated under section632 of the Local Government Act 1993 and has been deemed lawful by Council solicitors.This policy, in effect, does not allow a safe access point to the water for spearfishers. Inorder for spearfishers to access the waters of Ben Buckler they must enter the water at thenorth end of Bondi Beach. In reality this gives spearfishers the option of either entering thewater illegally from Ray O’Keefe Reserve, legally across the rocks from the beach, or fromthe northern end of the promenade adjacent to Biddigal Reserve. The current situationallowing legal access only through two busy public spaces is not ideal and raises serioussafety concerns. Despite this, due to the signage notifying the public of the ban beingignored or vandalised, spearfishing activities continue to exist within the waters of BenBuckler.In 2007, Waverley Council wrote a formal letter to the Director General of the Department ofPrimary Industries and the Minister for Primary Industries requesting a spear fishing closurezone within Bondi Bay. To date, no decision has been made by the Department regardingthis request.The purpose of this report is to outline the options available to Council in prohibitingspearfishing activities in the Bondi Bay and Ben Buckler area, in order to increase the safetyof all users and the protected species within the Ben Buckler area.Figure 1: Map of Bondi Bay and the Ben Buckler area.240

REPORT TO COMMUNITY, HOUSING, ENVIRONMENTAL SERVICES & PUBLICWORKS COMMITTEEOptions for Management:Option 1 – Awareness and Education CampaignOne option is to conduct an Awareness and Education Campaign for members of thecommunity, Council officers and rangers outlining the rules and regulations surroundingspearfishing.An information session for Council officers lifeguards and rangers could be conductedoutlining the legislation surrounding spearfishing. Potential speakers during this sessionwould include Fisheries officers and Adrian Wayne-Vice President of USFA (UnderwaterSkindivers and Fishermen’s Association) as representatives of the various stakeholdersinvolved in this issue.Coinciding with the internal information session, a community safety awareness campaigntargeting young spearfishers could be held at the Bondi Pavilion. During consultation, USFAhave offered to present this information session in partnership with Waverley Council. Otherguest speakers who have been approached and are willing to be involved include; local diveshop operators and Ian Puckeridge (6x World Champion Spearfisher). The session wouldoffer general information on spearfishing, the proper use of equipment and behaviour whilstspearing and the recently released code of conduct that must be adhered to while spearing(released in 2008 as an initiative of the Australian Government Department of Forests,Fisheries and Agriculture and USFA).Option 2 – SignageThe second option is to erect signage at Flat Rock alerting swimmers and spearfishers to beconscious of other users in the area. Signage would suggest swimmers to keep beachwardof Flat Rock while spearfishers would be encouraged to keep seaward of Flat Rock.This would in effect, ask swimmers and spearfishers to voluntarily separate their activities bykeeping within opposite sides of Flat Rock.Following consultation with a local member of the spearfishing community and the VicePresident of the USFA, this suggestion has their strong support as a solution to reduce thepotential threat for swimmers in the area. They have informed Council that the majority ofspearfishing already occurs past Flat Rock where there are more suitable reef areas forspearfishing. These areas are also subject to greater exposure to strong winds and currents,therefore little to no swimming activities occur here. Hence the installation of signs wouldserve to formalise this, making it clearer and safer for swimmers and giving direction toinexperienced spearfishers. The location of these signs would ideally be located at Flat Rock(the main entry point for spearfishers from Ray O’Keefe Reserve) as well as at the bottom ofthe stairs located at Ray O’Keefe Reserve. Signage regarding species identification legalcatch limits and basic conduct regarding spearfishing could also be installed.Option 3: Extend ban on carrying spear fishing equipmentIn order to minimise the possible dangers to the public in the Bondi Bay area (parks, intertidalrockplatforms etc) Council could implement a ban on carrying spearfishing equipmentthrough park areas adjacent to North Bondi RSL Club, all beach areas and within certainintertidal rock platform areas surrounding Ben Buckler Headland (refer to Figure 2).341

REPORT TO COMMUNITY, HOUSING, ENVIRONMENTAL SERVICES & PUBLICWORKS COMMITTEEIn accordance with the Local Government Act 1993 - Section 632, Council could implement aban on the presence of any spearfishing equipment within any beach, park/reserve andcertain intertidal rock platform areas adjacent to Bondi Beach. This would inhibit spearfishersaccessing the waters of Ben Buckler via areas with high densities of swimmers, sunbathers,children, tourists etc. In order to keep a balanced approach to managing the user groups ofBondi, Council would need to provide a safe access point for spearfishers. As the majority ofspearfishing occurs in the seaward waters of Flat Rock, the logical access point could be atFlat Rock via Ray O’Keefe Reserve. This would require a lift of the current ban onspearfishing equipment within Ray O’Keefe.Although Council would be allowing the passage of spearfishing equipment through a publicplace i.e. Ray O’Keefe Reserve, individuals wanting to conduct spearfishing activities aregiven a more stable and direct path to and from the water, avoiding travelling through lessstable and level ground of the intertidal rock platform. Passage of spearfishing equipmentthrough areas with high densities of children, tourists and swimmers on the rock platform andcrowded beach areas is also avoided this way.By legalising the number of access points to the water by spearfishers, Council as well aslocal supportive spearfishers and their associated clubs have greater monitoring and controlof regulating disorderly conduct regarding both swimmers and spearfishers alike.Figure 2: Map outlining proposed areas where spearfishing equipment could be prohibitedand proposed locations of signage.Option 4: Fishing Closure ZoneOption 4 involves continuing to lobby for a fishing closure zone to DECCW, the authoritativebody regarding NSW waters.In 2007, Council approached the Department of Primary Industries requesting a fishingclosure zone to operate from the north of Bondi (Ben Buckler) to the southern headland of442

REPORT TO COMMUNITY, HOUSING, ENVIRONMENTAL SERVICES & PUBLICWORKS COMMITTEEBondi Bay (Mackenzie’s Point), refer to Figure 3. However Council have not yet beeninformed on the decision of this request.It is recommended that Council await the results of the Blue Groper tagging project beforeany further lobbying.Figure 3: Proposed fishing closure zone at Bondi Beach from Bondi Icebergs (southern end)to Flat Rock (northern end)Option 5 – Extend the boundaries of the Bronte-Coogee Aquatic Reserve (AqR).This option would require Council lobby the Federal and state government for the extensionof the Bronte-Coogee Aquatic Reserve to include the waters from the headlands ofMackenzie’s Point to Ben Buckler. For this reserve extension, Council would have toinvestigate and present a case for Biodiversity protection as advised by DPI.It is recommended that Council await the results of the Blue Groper tagging project beforeany further lobbyingRecommended ApproachAs previously mentioned, Council is restricted in their authority to prohibit activities occurringin NSW waters. For this reason it is recommended that Council promote a more balancedapproach in managing the safety of the user groups of the coastal area and implement acombination the short term options of: Option 1: awareness and education campaign;Option 2; signage regarding voluntary separation of swimmers and spearfishers; andOption 3; banning the carriage of spearfishing equipment in public areas around andon Bondi Beach, whilst lifting the ban at Ray O’Keefe Reserve to allow for a safeaccess point for spearfishers.543