Expert Witness Report Report prepared on instructions of: Bleyer Lawyers, Level 1, 550 Lonsdale Street, Melbourne, Vic 3000 Australia Prepared by: Graeme Gillespie B.Sc. Ph.D. 55 Union Street, Northcote, Vic 3070, Australia Curriculum Vitae Attached (Appendix I) I have read the Expert Witness Code of Conduct and agree to be bound by it. Graeme Gillespie 23 February 2010 Qualifications and Experience Please see my curriculum vitae (Appendix I) for my general qualifications and experience. My Ph.D. in zoology focussed specifically on the conservation biology and ecology of frog species in south-eastern Australia. I have 23 years of field and scientific experience studying amphibians and their conservation and management in south- eastern Australia. I have published 24 refereed scientific papers and 38 technical reports on amphibian ecology, conservation and management. I am recognised throughout Australia as an authority on the frog fauna of Victoria, specifically with respect to conservation issues, and I am regularly asked to provide advice on such matters to individuals, government conservation and land management agencies, and non-government organisations. With regard to the Giant Burrowing Frog, I encountered this species on several occasions between 1986 and 1992 while undertaking and supervising pre-logging biodiversity surveys in East Gippsland, Victoria. These records are documented in the Victorian Wildlife Atlas. During this period, I gained knowledge of the species’ habitat associations, breeding biology, some aspects of its behaviour and an appreciation of its conservation status in Victoria (see Opie et al. 1990; Westaway et al.1990; Lobert et al. 1991). Because of my research into amphibian conservation and management, I am highly familiar with the existing literature on the impact of various forest management activities on amphibians and the implications of these activities for amphibian conservation. I am familiar specifically with the scientific literature on the Giant Burrowing Frog. Between 1986 and 1992 I conducted amphibian surveys in East Gippsland and observed the Giant Burrowing Frog on five occasions (see Victorian Wildlife Atlas records; Gillespie 1990; Opie et al. 1990; Westaway et al.1990; Lobert et al. 1991). In order to gain insight into the distribution and habitat requirements of the Giant Burrowing Frog, I have also visited other localities at which the species has been recorded previously within Victoria. Publications that I have authored or co-authored which are directly relevant to the Giant Burrowing Frog: 1. Gillespie, G. R. (1990). The distribution, habitat and conservation status of the Giant Burrowing Frog (Heleioporus australiacus) (Myobatrachidae) (Shaw) in Victoria. Victorian Naturalist 107: 144-153. 2. Gillespie, G. R. and Hines, H. B. (1999). The current status of temperate riverine frog species in south-eastern Australia. In: A. Campbell (Ed.), Declines and Disappearances of Australian Frogs. Environment Australia, Canberra. pp. 109- 130. 3. Lobert, B. O., Gillespie, G. R., Lunt, I. D., Peacock, R. J. and Robinson, P. D. (1991). Flora and Fauna of the Goolengook Forest Block, East Gippsland, Victoria. Dept. Conservation & Environment Ecol. Survey Report No. 35. 4. Opie, A. M., Gillespie, G. R., Henry, S. R., Hurley, V. A., Lobert, B. O. and Westaway, J. (1990). Flora and Fauna Survey of the Coast Range Forest Block, Part II, East Gippsland, Victoria. Dept. Conserv., For. & Lands, Ecol. Survey Report No. 24. 5. Westaway, J., Henry, S. R., Gillespie, G. R., Mueck, S. G. & Scotts, D. J. and (1990). Flora and Fauna of the West Errinundra and Delegate Forest Blocks, East Gippsland, Victoria. Dept. Conserv., For. & Lands, Ecol Survey Report No. 31. See CV (Appendix I) for other publications relevant to my field of expertise. Description of the Species The following description of the Giant Burrowing Frog, Heleioporus australiacus, is derived from Lee (1967) and Barker et al. (1995). The species is a relatively large and rotund or stocky species with a maximum body length of 100mm (Appendix II). Dorsal body colour is chocolate or dark grey and white ventrally, with scattered yellow or cream spots, usually capping warts, on the flanks. The dorsum and flanks are covered with small warts each with a small black spine. The ventral surface is mostly smooth and white, apart from the throat, which may be brown and may also have spines. The tympanum (ear) is distinct and the pupil is vertical. Mature males have sturdy forelimbs usually exceeding the girth of the hind limbs. Males have a series of conspicuous conical spines on the first and usually the second fingers. The Giant Burrowing Frog is confined to eastern slopes of the Great Dividing Range and coastal regions from the southern end of the Olney State Forest north of Sydney, NSW (Gillespie and Hines 1999), to Walhalla, in the Central Highlands of eastern Victoria (Littlejohn and Martin 1967; Victorian Wildlife Atlas unpublished data). The species has been found near sea level on the coast, and almost 100 km inland, along the escarpment of the Great Dividing Range, up to 1000 m asl. (Gillespie and Hines 1999). Most records are concentrated at the northern end of the range, in the Sydney region on the Hawkesbury sandstone formation. Most other records are from the southern part of the range, in eastern Victoria and the south-east corner of NSW (Gillespie 1990). However, these constitute much fewer, sparsely-distributed documented records (Gillespie and Hines 1999). Subspecies A distinct disjunction of 100km occurs in the distribution of the Giant Burrowing Frog records between Jervis Bay and Narooma (Lemckert et al. 1998; Gillespie and Hines 1999). There is genetic, morphological and bioclimatic evidence that populations to the north and south of this gap are distinct and separate evolutionary lineages (Penman et al. 2005a; Mahony et al. unpublished data). It is my opinion that these data are strong evidence of two distinct sub-species, although they have not yet been formally described as such. It has also been argued that they represent separate species (Penman et al. 2004, 2005a). Based upon the available evidence, these populations are different evolutionary and ecological management units and therefore should be treated as distinct taxa from a conservation perspective; here-in referred to as northern and southern forms of the Giant Burrowing Frog. Type and range of habitats The Giant Burrowing Frog has been found in a range of forest communities, including lowland, dry, damp and wet forest and montane woodland. Northern populations in the Sydney and region are associated with heathland habitats (Mahony 1993). There are no records from rainforest or Ash-dominated montane forest. The species has never been recorded in cleared farmland and would seem to be dependent upon forested habitat (Gillespie 1990; Penman et al. 2004). The Giant Burrowing Frog breeds mostly in small low-order streams. The species has been observed at fire dams and there is one record of egg-laying in a dam (Gillespie 1990), but the vast majority of breeding records have been from 1st to 3rd order streams, indicating that this is its preferred breeding habitat (Penman et al. 2004, 2008b). When not breeding, frogs disperse into the forest, occupying non-riparian habitats up to 250 m away from breeding habitats (Penman et al. 2008a), where they spend over 95% of their time (Lemckert and Brassil 2003; Penman 2008a,b). Reproductive Biology Age to sexual maturity or longevity for either form of the Giant Burrowing Frog is unknown. Calling by males has been heard throughout the year (Gillespie 1997). Peak breeding periods appear to be in Summer and Autumn (Gillespie 1997). Penman et al. (2006, 2008b) report individuals moving to breeding sites during this time after heavy rain. Eggs appear to be deposited in burrows or crevices (Gillespie 1990) and tadpoles may take up to 12 months to develop into frogs. Little is known about fertility and fecundity. Female clutch sizes have been report as 698-807 eggs (Penman et al.2004). Number of clutches laid is unknown but is likely to be once annually, typical of temperate anurans (Wells 2007). Data is inadequate to determine differences, if any, in breeding biology between the northern and southern forms of the species. Distribution Records of the Giant Burrowing Frog in Victoria are all on southern side of the Great Dividing Range, extending from Walhalla in Central Gippsland east to the New South Wales Border in Coast Range area. Only 21 separate sites are confirmed for the Giant Burrowing Frog in Victoria (Appendix III). There are no records east of the Cann River or south of the Princes Hwy. In Victoria, the species has only been found in eucalyptus dominated forest habitats, not heathland. Because of the paucity of records of the species from Victoria, it is not clear whether or not the species shows any preference for particular forest types or ecological communities over others, but there are no records from cleared land or regenerating clear-felled habitats (Gillespie 1990; Victorian Wildlife Atlas unpublished data 2010). Most records from Victoria are from mid-slope and ridge habitats. Surveys have been carried out for the Giant Burrowing Frog in Victoria historically, but these have been relatively patchy and not comprehensive. General biodiversity surveys carried out during the 1980s and early 1990s as part of the prelogging flora and fauna survey program included many forest blocks within the species’ general range. These surveys yielded several records of the species (Gillespie 1990). A targeted amphibian survey was undertaken in the mid-1990’s in far East Gippsland for the Giant Burrowing Frog and other rare amphibian species, which only yielded one additional record of the species (Holloway and Osborne 1997). No systematic and rigorous survey has been undertaken for the Giant Burrowing Frog throughout its range in Victoria. The species is extremely cryptic so in the absence of targeted thorough surveys using the most optimal techniques, it is likely that historical surveys have not been very effective.