Aboriginal people have a spiritual, social and customary association with fisheries resources. Aboriginal community members have continued their tradition of fishing consistent with their cultural beliefs, which fundamentally include customary sustainable fishing parameters.

CULTURAL FISHING RIGHTS

In May 2009, the NSW Government released the discussion paper 'Cultural Fishing in NSW.' The discussion paper notes the importance of cultural fishing to Aboriginal communities.

The Department of Primary Industries (DPI) highlights that the Fisheries Management Act NSW 1994 "does not specifically recognise or provide for cultural fishing."

The discussion paper addresses two areas of proposed amendment to the Fisheries Management Act NSW 1994:

AMENDMENT 1: The inclusion of a definition of cultural fishing.

AMENDMENT 2: Willingness to streamline the process of obtaining a section 37 - 'Taking Fish for Aboriginal Cultural or Ceremonial Use Permit Application.'

NSWALC is in ongoing discussions with NSW government about amendments to the proposed law to increase the recognition of Aboriginal fishing rights.

In July 2009, NSWALC released the submission "Reel Cultural Fishing Rights" which details its' response to the discussion paper. [Click on the image to download the submission as a PDF]

Reel Cultural Fishing Rights makes 5 Key Recommendations:

That the NSW Government through the DPI, delineate between 'Aboriginal Cultural Fishing' and the 'Aboriginal Subsistence Fisher'.
That both 'Cultural Fishing' and are defined and these definitions are written into the NSW Fisheries Management Act (NSW) 1994.
That the 'Aboriginal Subsistence Fisher' is written into the NSW Fisheries Management Act (NSW) 1994 as a class of fisher, separate to the recreational and commercial fisher.
That the 'Aboriginal Subsistence Fisher' is afforded the freedom to continue to practice the craft of fishing in a traditional manner consistent with Aboriginal culture.
Standing Permits to be granted for cultural events that are permanent calendar events.

NSWALC is committed to pursue its research on Aboriginal interaction with the fisheries resource in NSW. The NSWALC believes that there are many avenues to be explored surrounding Aboriginal involvement in fishing statewide.

Some areas of Aboriginal involvement that NSWALC intends to research are:

Capacity building
Marine Park Ranching
Habitat management
Stock enhancement programs
Employment
Graduate positions within the industry

NSWALC will continue these studies consistent with its Corporate Plan and would welcome collaborative involvement with the DPI to explore some options that we believe exist for greater Aboriginal participation in the NSW fishing sectors.