❓ A WA parliamentary question addresses exemptions for Indigenous people from recreational fishing licenses, the definition of traditional fishing, and licensing responsibilities for Indigenous charter boat operators. The Minister clarifies exemptions under the Fish Resources Management Act and outlines responsibilities.
AnsweredQoN 809Legislative Council
QuestionView source ↗
RECREATIONAL FISHING CHANGES — IMPACT ON INDIGENOUS PEOPLE
I refer the minister to the recent changes he announced in relation to the recreational fishing sector. (1) What component of the recently announced recreational management package, including fishing licences, are Indigenous people exempt from? (2) How is traditional fishing defined for the purpose of the new recreational fishing rules? (3) In the case of an Indigenous charter boat/tourist operator, whose responsibility is it for ensuring customers have the appropriate licences? Hon NORMAN MOORE
I refer the minister to the recent changes he announced in relation to the recreational fishing sector. (1) What component of the recently announced recreational management package, including fishing licences, are Indigenous people exempt from? (2) How is traditional fishing defined for the purpose of the new recreational fishing rules? (3) In the case of an Indigenous charter boat/tourist operator, whose responsibility is it for ensuring customers have the appropriate licences? Hon NORMAN MOORE
AnswerView source ↗
I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(1) What component of the recently announced recreational management package, including fishing licences, are Indigenous people exempt from? (2) How is traditional fishing defined for the purpose of the new recreational fishing rules? (3) In the case of an Indigenous charter boat/tourist operator, whose responsibility is it for ensuring customers have the appropriate licences? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(2) How is traditional fishing defined for the purpose of the new recreational fishing rules? (3) In the case of an Indigenous charter boat/tourist operator, whose responsibility is it for ensuring customers have the appropriate licences? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(3) In the case of an Indigenous charter boat/tourist operator, whose responsibility is it for ensuring customers have the appropriate licences? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(1) What component of the recently announced recreational management package, including fishing licences, are Indigenous people exempt from? (2) How is traditional fishing defined for the purpose of the new recreational fishing rules? (3) In the case of an Indigenous charter boat/tourist operator, whose responsibility is it for ensuring customers have the appropriate licences? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(2) How is traditional fishing defined for the purpose of the new recreational fishing rules? (3) In the case of an Indigenous charter boat/tourist operator, whose responsibility is it for ensuring customers have the appropriate licences? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(3) In the case of an Indigenous charter boat/tourist operator, whose responsibility is it for ensuring customers have the appropriate licences? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
I thank the member for some notice of this question. (1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(1) Section 6 of the Fish Resources Management Act 1994 relates to the application of that act to Aboriginal persons. It states that Aboriginal people are exempt from the requirement to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of his or her family and not for a commercial purpose. On this basis, an Aboriginal person is not required to hold any of the existing five recreational fishing licences or the two new recreational fishing licences if he is fishing pursuant to the conditions set out in section 6. However, if an Aboriginal person is fishing recreationally that is not in accordance with section 6, that person will require a recreational fishing licence and will have to pay for that licence. Note that a reduced fee may be paid subject to specific concessions. (2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(2) For the purposes of both existing fishing rules and the new recreational fishing rules customary—traditional—fishing applies to persons of Aboriginal descent; fishing in accordance with traditional law and customs of the area being fished; and fishing for the purpose of satisfying personal domestic, ceremonial, educational or non-commercial communal needs. (3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
(3) The legislation that is currently being drafted to give effect to the new fishing rules is likely to apply the same requirements and responsibilities to Indigenous charter boat tourist operators as is applied to non-Indigenous charter boat/tourist operators. While an individual fisher is required to hold the relevant recreational fishing licence, the master of a vessel that is being used for any activity requiring a recreational fishing licence is also not to permit or suffer a person on board that boat to undertake an activity that is the subject of a recreational fishing licence without holding that licence.
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