Published Tuesday, 03 June, 2008 at 02:12 PM
Minister for Primary Industries and Fisheries
The Honourable Tim Mulherin
Traditional fishing legislation to be amended
[Amended version - includes fisheries areas chart]
Changes to the Fisheries Act 1994 to balance resource sustainability and indigenous traditional fishing rights were introduced to Queensland Parliament today.
Primary Industries and Fisheries Minister Tim Mulherin said the Fisheries Amendment Bill 2008 amending Section 14 of the Fisheries Act 1994 to address resource management and sustainability matters related to Aboriginal traditional and Torres Strait Islander customary fishing.
Mr Mulherin said the amendments would simplify the current legislation and provide clarity for indigenous fishers across Queensland.
“Fishing is a traditional and cultural activity for many Aborigines and Torres Strait Islanders living in Queensland,’’ Mr Mulherin said.
“The Queensland Government acknowledges the strong connection and importance of fishing to indigenous people for reasons including nutrition; cultural, ceremonial and social events; and educating successive generations about cultural and traditional fishing activity.”
Mr Mulherin said recent events in the Fitzroy River had prompted the move for change.
“While most indigenous communities respect the laws and their intent associated with traditional fishing, a small number of individuals have exploited the situation for themselves,” he said.
Mr Mulherin said in conjunction with the legislative changes, the Government would negotiate an Indigenous Land Use Agreement with the local Darumbal people in Rockhampton.
“This would ensure that the Darumbal people are actively involved in the decision-making process on traditional fishing,” he said.
“The amendments, along with a negotiated ILUA, should ensure the strong connection with traditional fishing is maintained while also balancing the long-term sustainability of Queensland’ fisheries resources for future generations.’’
Member for Rockhampton Robert Schwarten said he expected the community would welcome the changes.
“The amendments will reduce the risk of exploitation of fisheries resources by ensuring traditional and customary fishing was for personal, domestic and non-commercial communal use. This definition clearly excludes the commercial sale of fish,’’ Mr Schwarten said.
“The changes spells out what apparatus can be used and where people can fish. This is clearly better for everyone.’’
Amendments include:
• Limiting the type, size and number of fishing apparatus that can be used as recreational fishing apparatus, further reducing the risk of potential commercial use of fisheries resources. Catching fish for personal, domestic and non-commercial communal purposes will not warrant the use of commercial apparatus.
• 15 areas (list attached) where all fishing activity is currently prohibited will be extended to include the prohibition of indigenous fishing as well. These areas are closed to prevent over-fishing in areas where fish spawn or aggregate as juveniles to protect species during vulnerable stages of their life cycle.
• Removing reference in s.14(2) to using management plans to regulate acts done under Aboriginal tradition or Island custom, and
• Repealing s.14(3) to remove the requirement for ‘cooperation’ with all Indigenous people.
• Ceremonial and cultural events may require a larger supply of fish. In these circumstances individuals may apply for a General Fisheries Permit to use fishing gear of larger dimensions than permitted under section 14.
Mr Mulherin said traditional fishers could use the same equipment as recreational fishers, which is:
• Cast net up to 3.7 metres, scoop net (maximum size 2m) and seine net up to 16m
• A maximum of four crab pots, dillies or collapsible traps
• Three fishing lines with no more than six hooks
• A handheld fork for taking worms, a hand pump for yabbies and a shell dredge for molluscs, and
• A spear or spear gun.
Mr Mulherin said the legislation provided an appropriate balance between the sustainable management of Queensland’s fisheries resources for future generations and the traditional and customary fishing practices of indigenous people in Queensland.
“The Government will work with traditional owners to implement these solutions, and ensure a fair and sustainable future for the state’s fisheries that all Queenslanders can enjoy,” Mr Mulherin said.
Media: 3239 6530, 0409 305 662
Changes to the Fisheries Act 1994 to balance resource sustainability and indigenous traditional fishing rights were introduced to Queensland Parliament today.
Primary Industries and Fisheries Minister Tim Mulherin said the Fisheries Amendment Bill 2008 amending Section 14 of the Fisheries Act 1994 to address resource management and sustainability matters related to Aboriginal traditional and Torres Strait Islander customary fishing.
Mr Mulherin said the amendments would simplify the current legislation and provide clarity for indigenous fishers across Queensland.
“Fishing is a traditional and cultural activity for many Aborigines and Torres Strait Islanders living in Queensland,’’ Mr Mulherin said.
“The Queensland Government acknowledges the strong connection and importance of fishing to indigenous people for reasons including nutrition; cultural, ceremonial and social events; and educating successive generations about cultural and traditional fishing activity.”
Mr Mulherin said recent events in the Fitzroy River had prompted the move for change.
“While most indigenous communities respect the laws and their intent associated with traditional fishing, a small number of individuals have exploited the situation for themselves,” he said.
Mr Mulherin said in conjunction with the legislative changes, the Government would negotiate an Indigenous Land Use Agreement with the local Darumbal people in Rockhampton.
“This would ensure that the Darumbal people are actively involved in the decision-making process on traditional fishing,” he said.
“The amendments, along with a negotiated ILUA, should ensure the strong connection with traditional fishing is maintained while also balancing the long-term sustainability of Queensland’ fisheries resources for future generations.’’
Member for Rockhampton Robert Schwarten said he expected the community would welcome the changes.
“The amendments will reduce the risk of exploitation of fisheries resources by ensuring traditional and customary fishing was for personal, domestic and non-commercial communal use. This definition clearly excludes the commercial sale of fish,’’ Mr Schwarten said.
“The changes spells out what apparatus can be used and where people can fish. This is clearly better for everyone.’’
Amendments include:
• Limiting the type, size and number of fishing apparatus that can be used as recreational fishing apparatus, further reducing the risk of potential commercial use of fisheries resources. Catching fish for personal, domestic and non-commercial communal purposes will not warrant the use of commercial apparatus.
• 15 areas (list attached) where all fishing activity is currently prohibited will be extended to include the prohibition of indigenous fishing as well. These areas are closed to prevent over-fishing in areas where fish spawn or aggregate as juveniles to protect species during vulnerable stages of their life cycle.
• Removing reference in s.14(2) to using management plans to regulate acts done under Aboriginal tradition or Island custom, and
• Repealing s.14(3) to remove the requirement for ‘cooperation’ with all Indigenous people.
• Ceremonial and cultural events may require a larger supply of fish. In these circumstances individuals may apply for a General Fisheries Permit to use fishing gear of larger dimensions than permitted under section 14.
Mr Mulherin said traditional fishers could use the same equipment as recreational fishers, which is:
• Cast net up to 3.7 metres, scoop net (maximum size 2m) and seine net up to 16m
• A maximum of four crab pots, dillies or collapsible traps
• Three fishing lines with no more than six hooks
• A handheld fork for taking worms, a hand pump for yabbies and a shell dredge for molluscs, and
• A spear or spear gun.
Mr Mulherin said the legislation provided an appropriate balance between the sustainable management of Queensland’s fisheries resources for future generations and the traditional and customary fishing practices of indigenous people in Queensland.
“The Government will work with traditional owners to implement these solutions, and ensure a fair and sustainable future for the state’s fisheries that all Queenslanders can enjoy,” Mr Mulherin said.
Media: 3239 6530, 0409 305 662
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Fifteen areas where all fishing activity, including traditional fishing, will be prohibited | |
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Coombabah Lake and Coombabah Creek |
Keppel Bay within 150m radius of Middle Island Underwater Observatory |
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Swan Bay, North Stradbroke Island |
Hook Island within 100m radius of Observatory |
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Wolf Rock (east of Double Island Point) |
Yanks Jetty at Orpheus Island – under or within 100m of jetty |
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Mary River 400m downstream of the barrage |
Centenary Lakes, Cairns |
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Tinana Creek 400m downstream of the barrage |
Barron River at Barron Waters (near Stony Creek and junction of Camp Oven Creek) |
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Burnett River 400m downstream of the barrage |
Bizant River, Princess Charlotte Bay – including German Bar Lagoon and 2km downstream of German Bar road crossing |
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Kolan River 400m downstream of the barrage |
South Mitchell River (near Surprise Creek) |
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Fitzroy River 400m downstream of the barrage |
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