❓ Hon Robin Chapple questions the Minister for Fisheries regarding customary fishing practices, specifically the use of nets and hunting in marine park sanctuary zones. The Minister clarifies the legal framework and refers questions about dugong and turtle hunting to the Minister for Environment.
AnsweredQoN 769Legislative Council
QuestionView source ↗
CUSTOMARY FISHING
769. Hon ROBIN CHAPPLE to the
Minister for Fisheries:
(1) Does
customary fishing legislation allow for traditional owners to use gillnets,
dragnets, throw nets or any kind of net?
(2) If yes to (1), can this fishing gear be used in sanctuary
zones in marine parks in WA?
(3) Can traditional owners hunt for dugong and turtle in
sanctuary zones in WA marine parks?
(4) If yes to (3), which hunting tools or techniques are
allowable?
769. Hon ROBIN CHAPPLE to the
Minister for Fisheries:
(1) Does
customary fishing legislation allow for traditional owners to use gillnets,
dragnets, throw nets or any kind of net?
(2) If yes to (1), can this fishing gear be used in sanctuary
zones in marine parks in WA?
(3) Can traditional owners hunt for dugong and turtle in
sanctuary zones in WA marine parks?
(4) If yes to (3), which hunting tools or techniques are
allowable?
AnswerView source ↗
I thank the honourable member for some notice of the
question.
(1)–(2)
There is no specific customary fishing legislation under the Fish Resources
Management Act 1994. The FRMA exempts an Aboriginal person from the requirement
to hold a recreational fishing licence only 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 the person or his or her family and not for
a commercial purpose. Apart from there not being a requirement to hold a
recreational fishing licence for persons undertaking customary fishing, the
laws of general application apply.
Section 211 of the commonwealth
Native Title Act 1993 removes fishing prohibitions on native title holders if
the native title holders can establish that they are carrying out the activity
for the purpose of satisfying their personal, domestic or non-commercial
communal needs, and in the exercise or enjoyment of their native title rights.
(3)–(4) These questions should be referred to the
Minister for Environment.
question.
(1)–(2)
There is no specific customary fishing legislation under the Fish Resources
Management Act 1994. The FRMA exempts an Aboriginal person from the requirement
to hold a recreational fishing licence only 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 the person or his or her family and not for
a commercial purpose. Apart from there not being a requirement to hold a
recreational fishing licence for persons undertaking customary fishing, the
laws of general application apply.
Section 211 of the commonwealth
Native Title Act 1993 removes fishing prohibitions on native title holders if
the native title holders can establish that they are carrying out the activity
for the purpose of satisfying their personal, domestic or non-commercial
communal needs, and in the exercise or enjoyment of their native title rights.
(3)–(4) These questions should be referred to the
Minister for Environment.
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