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Fraser, Ben --- "Water Rights Special - Aboriginal Fishing Strategy in Western Australia" [2004] IndigLawB 5; (2004) 5(29) Indigenous Law Bulletin 10


Aboriginal Fishing Strategy in Western Australia

by Ben Fraser

The draft Aboriginal Fishing Strategy was released for public comment in May 2003 following a three-year consultative process overseen by former Western Australian Supreme Court Judge, the Hon. Terry Franklyn QC. Formulation of the draft strategy was assisted by a working group, which included representatives of Aboriginal interests, the fishing sector, conservation interests and government.

The draft strategy contains a series of recommendations that aim to bring fisheries issues affecting Aboriginal people within a sustainable and integrated fisheries management framework. It focuses on three areas - recognition and inclusion of customary fishing in fisheries legislation; inclusion of Aboriginal people in the management of fish resources; and promotion of economic development opportunities for Aboriginal people in the fishing, aquatic eco-tourism and aquaculture industries.

Consultation with Aboriginal interests throughout Western Australia identified a range of issues and aspirations relating to the protection, use and sharing of fish resources. Native title processes have also identified similar aspirations from claimants. Although native title determinations have not clearly defined the extent of native title fishing rights (the Croker Island decision handed down by the High Court of Australia in October 2001 provides some insight), the ability of the Native Title Act 1993 (Cth) to address many Aboriginal fishing aspirations appears to be limited.

The Aboriginal Fishing Strategy is not intended to diminish native title in any way, but aims to give practical effect where possible to its recognition and promote the aspirations of Aboriginal people as identified in consultation with them. There is a growing recognition that many fishing related aspirations of Aboriginal people can be achieved through fisheries legislation, policy and management arrangements, outside of native title processes.

Over the last decade, fisheries management in Western Australia has tended to focus on challenges associated with commercial fishing, pearling and aquaculture, the growing participation rate and demand on fish resources from the recreational fishing sector, aquatic tours, and the protection of fish habitat.

There has been little specific focus on Aboriginal fishing interests, probably because the fishing practices of Aboriginal people have not been perceived as a significant threat to the sustainability of fish resources. A result is that Aboriginal people have been less involved in fisheries debate and development than other stakeholders.

However, the current move toward integrated fisheries management and the allocation of fish resources has made it clear there is a need to engage, identify and address Aboriginal fishing interests specifically and separately from other sectors.

For example, there is a need to identify what Aboriginal customary fishing entails, and to effectively manage that activity. Without this, the impact of customary fishing on fish stocks cannot be managed or accounted for effectively within an integrated fisheries management framework. There is also a danger that without effective management and recognition, Aboriginal fishing interests may be marginalised.

The draft strategy has attempted to define customary fishing and recommended that it be “clearly articulated and clearly separated from other forms of fishing in fisheries legislation and policy to allow for the development of appropriate management arrangements that reflect customary fishing rights, practices and sustainability requirements.”

The draft strategy also recognises the need to enhance opportunities for the involvement of Aboriginal interests in the commercial fishing, aquaculture and aquatic tour industries.

The benefits from this in terms of employment, training and financial independence for Aboriginal groups will be felt across the fishing sector and the wider community.

This recognition has been identified in the report as being most appropriately attained through the open market process: transferable fishing authorisations are purchased on the open market, with a fund established to initially facilitate such acquisitions. The draft strategy identifies commercial fishing as clearly separate to customary fishing.

This represents an opportunity for the fishing sector in this regard; the development of positive relationships between Aboriginal and fishing industry groups will play a vital role in ensuring successful outcomes.

Importantly, the draft strategy points to the need for Aboriginal fishing interests to have greater representation in the future management of fish resources. Consultation processes and mechanisms that recognise Aboriginal communities as not only key stakeholders, but also having unique interests in fish resources, are recommended in the draft Strategy.

Robust debate on fisheries management issues between Aboriginal, government and other interests require the involvement of people with skills in natural resource management and knowledge of Aboriginal community issues. To this extent, the Department of Fisheries in Western Australia is currently proposing a training program for Aboriginal people in fisheries management and compliance, with a view to developing future fisheries managers and leaders.

Current status

Public comment on the draft Aboriginal Fishing Strategy closed on 28 November after a 6 month consultation process. The Aboriginal Fishing Strategy has not yet been submitted to government and as such does not represent government policy. It is anticipated the draft Strategy will be finalised by the Aboriginal Fishing Strategy Working Group for Government consideration in April 2004, with the exception of detail around customary fishing, which will be considered further.

Over coming months talks will continue with Aboriginal and other relevant groups regarding customary fishing and outcomes from the National Indigenous Fishing Rights conference, held in Perth in October 2003.

One important resolution of the conference was to establish a national working group, which will seek greater definition and clarification of customary fishing as opposed to commercial and recreational fishing. Although the draft strategy, the most comprehensive report of its kind in Australia, includes a definition of customary fishing it is important to have a consistent approach across all Australian States and Territories.

The draft Aboriginal Fishing Strategy should be seen as a first, but very significant, step to improving the recognition and inclusion of indigenous Western Australian’s fishing interests within fisheries legislation.

Ben Fraser is the Executive Officer of the Aboriginal Fishing Strategy in Western Australia.

For a full copy of the draft Aboriginal Fishing Strategy please visit www.fish.wa.gov.au/comm/broc/mp/mp168/fmp168.pdf

For further information on the draft Aboriginal Fishing Strategy, please contact Ben Fraser on (08) 9482 7333.


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