The NSW Government is commencing public consultation on a draft regulation to support Aboriginal people fishing for cultural purposes.
Department of Primary Industries and Regional Development (DPIRD) Deputy Secretary Fisheries and Forestry, Sean Sloan, said the draft Fisheries Management (General) Amendment (Aboriginal Cultural Fishing) Regulation 2024 aims to support Aboriginal people and communities to fish for cultural purposes within a sustainable fisheries framework.
"The draft regulation aims to provide for the continuing practice of Aboriginal cultural fishing while ensuring the sustainable management and sharing of the State's fisheries resources by all stakeholders," Mr Sloan said.
"The draft regulation limits are consistent with the current Aboriginal Cultural Fishing Interim Access arrangements and will codify these limits in regulation, which since 2010 have provided extended take and possession limits in recognition of the importance of fishing for cultural purposes by Aboriginal peoples and communities.
"The regulation will replace these interim arrangements and will provide certainty and clarity to all stakeholders, by creating specific cultural fishing limits which are independent from recreational fishing limits.
"The extended limits recognise that some in community fish for others, including elders, family members with a disability, or other community members that are unable to, or it is otherwise not appropriate for them to engage in the fishing activity."
'Aboriginal cultural fishing' is defined in the Fisheries Management Act 1994 as "fishing activities and practices carried out by Aboriginal persons for the purpose of satisfying their personal, domestic or communal needs, or for educational, ceremonial or other traditional purposes, and which do not have a commercial purpose".
Aboriginal cultural fishing is separate to native title rights, which are set out in the Native Title Act 1993 (Cth).
The draft regulation amends the Fisheries Management (General) Regulation 2019 to insert a new schedule that prescribes daily take and possession limits for fish and invertebrates that recognise the spiritual, social and customary significance of fisheries resources to Aboriginal peoples and includes a special provision to recognise and allow the cultural practice of consuming invertebrates close to shore.
In addition to the draft regulation, access to fisheries resources for Aboriginal cultural fishing purposes will continue to be supported through permits issued under section 37 of the Fisheries Management Act and marine park or aquatic reserve permits for cultural events such as NAIDOC week celebrations, youth camps, weddings, funerals, extended family gatherings or the seasonal harvest of culturally significant species.
Mr Sloan said the draft regulation has been developed in consultation with key stakeholders across all fisheries sectors.
"Since early 2023 work has been underway on the development of a draft regulation in consultation with the NSW Aboriginal Fishing Advisory Council, and fisheries and marine estate advisory bodies," Mr Sloan said.
"Last month further targeted stakeholder consultation was undertaken, with feedback considered and necessary amendments made prior to public consultation.
"The draft regulation has also been informed by previous feedback from consultation on a draft Aboriginal fishing regulation in 2015, cultural fishing research, as well as learnings from the development and delivery of place-based Aboriginal Cultural Fishing Local Management Plans in the Tweed and Hastings areas."
Consultation will run until 5pm Sunday 16th February 2025. There will be a series of information sessions to discuss the draft regulation with Aboriginal people and communities as well as other interested stakeholders.
