Aboriginal cultural fishing inquiry chair the Hon Mark Banasiak MLC is hopeful that the new NSW government is genuinely intent on resolving the long-running issue sooner rather than lately but the NSW Aboriginal Fishing Rights Group is not convinced.
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Fourteen years after the NSW government passed the Fisheries Management Amendment Act 2009 to exempt Aboriginal cultural fishing from the catch limits that apply to recreational and commercial fishermen, it has yet to commence.
Of note is Section 21AA of the Act that makes a special provision for Aboriginal cultural fishing and protects cultural fishers from compliance actions under the Fisheries Management Act.
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A parliamentary inquiry was established in November 2021 to investigate why the Act hadn't been implemented.
The inquiry's report, tabled in November 2022, recommended that Section 21AA should be commenced no later than 30 June 2023.
New NSW Minister for Agriculture
This week Mr Banasiak met the new minister responsible for the issue, Minister for Agriculture Tara Moriarty, for an update.
She is meeting with the Aboriginal Fishing Advisory Council on June 30, one of several meetings she is holding with stakeholders to fully understand the issue.
"The new minister seems intent on fixing this," Mr Banasiak said.
"When they were in opposition they supported us in getting the inquiry up so I think there is a bit more genuine intent on fixing this once and for all."
Acknowledging that cultural fishing exists
Mr Banasiak said an effective solution needs three layers.
Firstly Section 21AA, "the legislation that acknowledges cultural fishing exists.
"Then there is the regulation under that, providing meat on the bones to that acknowledgement.
"Then Local Management Plans that are hopefully widely consulted and provide very specific details how the practice is done so there can be no issues.
"That way it can be successful in terms of legislated well and managed well and not having people dragged through the court for practicing an age-old custom," Mr Banasiak said.
Surrendering Native Title rights
However, at the inquiry's final hearing last August, two members from the steering committee for the Birpai Barray (Hastings) Aboriginal Cultural Fishing Local Management trial said they would prefer the implementation of Section 21AA rather than continuing the trial.
Wally Stewart, a member of the NSW Aboriginal Fishing Rights Group, is against Local Management Plans as part of the solution.
"By signing those Local Management Plans and agreeing to a bag limit, you are giving up your Native Title rights," Mr Stewart said.
Native Title rights recognise, under Australian common law, pre-existing Indigenous rights and interests according to traditional laws and customers.
These rights may include the right to camp, hunt, use water, hold meetings, performs ceremonies and protect cultural sites.
Mr Stewart said discrimination by Fisheries has been a problem for a long time
"That has been the problem, the discrimination they keep putting on us.
"It came out in the. inquiry and they are still doing it, [through the Local Management Plans] in a fancy way, pulling the wool over people's eyes," Mr Stewart said.
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