Indigenous cultural fishing inquiry gets to pointy end

Thirteen years after the NSW government passed legislation to exempt Aboriginal cultural fishing from the catch limits that apply to recreational and commercial fishermen, it has yet to commence.

A parliamentary inquiry was established in November 2021 to investigate why the Fisheries Management Amendment Act 2009 hasn't been implemented.

Much of the focus has been on why the Aboriginal fishermen of the South Coast continue to be prosecuted for catching abalone.

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Two officers from NSW Department of Primary Industries (DPI) testified at the inquiry's second and final hearing at Parliament House in Sydney.

The officers were Sean Sloan, deputy director general fisheries, and Sarah Fairfull, director Aboriginal fishing and marine and coastal environment.

Mr Sloan said that Section 21AA stipulated that supporting regulation had to be developed before it could be implemented.

Between 2010 and 2016 the DPI worked on that.

Mr Sloan said that in 2016 the Aboriginal advisory council withdrew its support for the legislation because it felt that a state-wide regulation would not meet individual community needs.

Mr Sloan said "so a more place-based solution was sought."

A trial local management plan began in Hastings on the north coast in June 2022, however it took years to build a good trusting relationship between the community and the DPI.

Two members from the steering committee for the Birpai Barray (Hastings) Aboriginal Cultural Fishing Local Management trial who testified at Friday's hearing were asked if they would prefer Section 21AA be implemented or the local management plan trial be continued.

Both James Donovan and Wayne Anderson said they would prefer the implementation of Section 21AA.

Mr Anderson said "I would like to be able to practice wherever I am.

"On one side of the river I would get fined.

"You can't have a dotted line around where you can practice cultural fishing."

After Mr Sloan's opening statement, members of the parliamentary committee fired off several questions, many of which were based on the evidence they had heard at the first hearing in Narooma on July 28.

After some time, Peter Primrose, a member of the committee, appeared frustrated by the DPI officers' responses.

He said "the Aboriginal community has told you what they want and the parliament has said what it wants done.

"People are desperately concerned that their practices are being criminalised

"When do you expect the will of the parliament to be implemented?"

Mr Sloan said "we advise the government on how to manage the resources, not how to execute."

Mr Primrose said, "so there would be no document to say it should not be implemented?"

Mr Sloan said "I will take that on notice".

Any extra evidence that was requested at Friday's hearing must be produced to the committee within 21 days.

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