Amendments to the Fisheries Act 1994
New rules for Indigenous fishers commenced on 6 October 2008. The new rules provide a balance between fisheries sustainability and Indigenous traditional fishing rights.
The changes recognise the important cultural role that fishing plays for many communities, but also acknowledges the need to protect our fish stocks for future generations.
Most indigenous fishers will not be impacted by the new rules. The use of spears, rods, crab pots, hand lines and recreational nets are still allowed and bag and size limits still do not apply to traditional peoples.
In addition the government is asking indigenous fishers to identify fishing apparatus that is used under Aboriginal tradition or Island custom, such as rock traps, so that the laws can be changed to accommodate their continued use.
What has changed is that commercial fishing nets are no longer able to be used by anyone unless they hold an Authority such as a commercial fishing licence or a General Fisheries Permit.
What does this mean for Indigenous fishers?
| Fishing under the new rules | Only recreational fishing apparatus can be used. It can be used in all areas that are not closed to fishing. Indigenous fishers are not restricted to other recreational fishing rules however, such as size or possession limits or seasonal closures. Fishing apparatus that is used under Aboriginal tradition or Island custom, such as rock traps, can also be specified in the law so that they can continue to be able to be used. |
| Using commercial fishing nets | You need an Authority issued by the Department of Primary Industries and Fisheries to possess and use a commercial fishing net requires an Authority. Use of a commercial fishing net without an Authority is illegal. Authorities to use commercial nets are restricted to ensure that overfishing doesn't occur. In the long term only limited access to Authorities for the use commercial fishing nets by indigenous fishers will be granted. |
Frequently asked questions
- What types of recreational fishing nets can indigenous fishers use?
- What other recreational fishing apparatus can indigenous fishers use?
- Are there areas closed to indigenous fishers?
- Are indigenous fishers restricted by any other recreational fishing rules such as size and possession limits?
- Can indigenous fishers use commercial fishing nets to provide fish for significant culture and ceremonial events?
- Can fish be sold that is caught without a commercial fishing licence??
- What if I use other traditional fishing apparatus such as fish traps?
- Where can I find more information?
What types of recreational fishing nets can indigenous fishers use?
- Cast nets no longer than 3.7m and has a mesh size of no more than 28mm
- Seine nets no longer than 16m, drop no more than 3m, mesh size no more than 28mm, does not contain a pocket and is not fixed.
- scoop or dip nets that do not exceed 2m in diameter, don't have a handle longer than 2.5m and mesh size of at least 25mm.
All other nets are commercial fishing nets and cannot be possessed without an Authority such as a commercial fishing licence or a General Fisheries Permit.
What other recreational fishing apparatus can indigenous fishers use?
- Fishing lines.
- Crab pots, which must be marked with the owner's name and address on a tag and have a float of at least 15cm in any dimension
- Spears or spear guns.
- hell dredges, hand pumps, or worm digging forks.
Are there areas closed to indigenous fishers?
Yes. There are 14 areas where no one can fish. These are:
| Fourteen areas where all fishing activity, including traditional fishing, will be prohibited |
| Coombabah Lake and Coombabah Creek |
| Swan Bay, North Stradbroke Island |
| Wolf Rock (east of Double Island Point) |
| Mary River barrage |
| Tinana Creek 400me barrage |
| Burnett River 400m barrage |
| Kolan River 400m barrage |
| Fitzroy River 400m barrage |
| Keppel Bay around Middle Island Underwater Observatory |
| Hook Island Observatory |
| Yanks Jetty at Orpheus Island - under or within 100m of jetty |
| Centenary Lakes, Cairns |
| Barron River at Barron Waters (near Stony Creek and junction of Camp Oven Creek) |
| Bizant River, Princess Charlotte Bay - including German Bar Lagoon and 2km downstream of German Bar road crossing |
Are indigenous fishers restricted by any other recreational fishing rules such as size and possession limits?
No. The new rules for Indigenous fishers only restrict the type of apparatus you can use and introduce 14 areas closed to all forms of fishing, including Indigenous fishing. Other recreational fishing rules such as size and possession limits, seasonal closures and other closures, will not apply to Indigenous fishers.
Can indigenous fishers use commercial fishing nets to provide fish for significant culture and ceremonial events?
An Authority must be obtained to possess and use a commercial fishing net. Indigenous fishers can apply for such an Authority by way of applying for a General Fisheries Permit. This permit will allow the possession of commercial fishing nets. If a permit is granted indigenous fishers must then also obtain written approval from the Department of Primary Industries and Fisheries for each occasion on which they wish to use the net to catch fish.
Enquiries regarding General Fisheries Permits should be made to the
Fisheries Licensing Unit,
GPO Box 2764, Brisbane Qld 4001;
or by phoning 13 25 23 during business hours;
or by emailing indigenousgfp@dpi.qld.gov.au
Can fish be sold that is caught without a commercial fishing licence?
No. The Act states that the taking using or keeping of the fisheries resources by Aboriginal and Torres Strait Islanders must be for the purposes of satisfying personal, domestic or non-commercial communal needs.
Fish can only be sold if the fisher holds an Authority issued by the Government to do so, such as a commercial fishing licence. Fish taken under a permit cannot be sold.
What if I use other traditional fishing apparatus such as fish traps?
Under the Act, fishing apparatus that is used under Aboriginal tradition or Island custom can be specifically prescribed. Currently, the only apparatus that is prescribed are fish traps. Fish traps are defined as a structure made predominantly from stone or organic material that creates a holding area designed to capture a small quantity of fish.
The Government will be working closely with communities in 2009 to identify fishing apparatus that is used under Aboriginal tradition or Island custom. In the mean time, if you have any queries about these types of apparatus, please contact the Department by phoning 13 25 23 during business hours or by emailing indigenousgfp@dpi.qld.gov.au.
Where can I find more information?
For more information, please contact DPI&F on 13 25 23 during business hours or email indigenousgfp@dpi.qld.gov.au
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Last reviewed 19 December 2008
