Leon, Mick --- "Aboriginal Fisheries in NSW" [2002] IndigLawB 58; (2002) 5(20) Indigenous Law Bulletin 8

Aboriginal Fisheries in NSW

by Mick Leon

Of all the years spent fighting to secure Aboriginal rights in NSW, one stands out - fishing rights. Despite any government (‘guberment’) approach to fisheries over the last 200 plus years, no practice has yet achieved an environmental balance. Fish populations are still declining regardless of the amount of research being carried out. Native title and land rights legislation are not written from an Aboriginal perspective and therefore, are not concerned with the long-term management of fish resources.

The guberment body that is responsible for managing the resource, NSW Fisheries, is and has exploited it in the past. Most of the areas that NSW Fisheries put funds into or use to carry out research are based on industry, science and business. They place this before the true delicate ecological balance of fish stock and biodiversity.

There is also a national approach to support this decrease in the native fish population by substituting native fishes with introduced species via aquacultural methods. There is currently a major push by television cooking programs for the preparation and consumption of salmon in Australia. This species is not related to native Australian salmon and is farmed mainly by aquaculture methods from other parts of the world.

The peak agencies for Aboriginal Affairs in NSW (and the Commonwealth) have not addressed this cultural and environmental problem, and they do not appear to see the relevance. Their interests are too diplomatic and submissive with guberment, and such issues cannot be resolved by ‘yes minister’ attitudes.

Aboriginal Management of Fish Resources

At the time of the first non-Aboriginal occupation of this country, various observations were noted and recorded of Aboriginal usage of fish resources. What were not recorded were the intricate knowledge systems that aided in the sustainable management of fish resources. These knowledge systems existed from time immemorial and were passed on from generation to generation.

Because non-Aboriginal people initially exhibited no respect towards the environment or Aboriginal people, Aboriginal people refused to divulge these knowledge systems. Non-Aboriginal people didn’t see this as detrimental to their initial adaptation to the new land and saw the abundant fish as surplus. They recorded Aboriginal names of places, which ultimately allured them to the abundant fish presence in those locations at certain times of the year. The non-Aboriginal people were, and still are, more concerned with intensive exploitation of all resources than sustainable use.

Aboriginal people who were living in areas which were impacted upon by first settlement initially did not realise the intent of non-Aboriginal people. Aboriginal peoples’ ways (that are still prominent in today’s Aboriginal people) are to share the resource. Many Aboriginal people today can recall how they were told (through generation to generation) of the Elders showing non-Aboriginal people what fish species were palatable and where to find them.

They also recall memories of how various fish catching techniques were passed on to non-Aboriginal people. This localised knowledge is an inherent education system not recognised in present day society. It taught sustainable management by highlighting a shared resource, not exploiting the resource, and most importantly not to be greedy. Little did they realise the true intent of the non-Aboriginal.

The non-Aboriginal people brought with them advanced technology that had major impacts on the seasonal availability of prominent fish species. This intensive fish catching effort was sustained until only recently when industry related management advisory committees highlighted the need for change.

Guberment Response

Aboriginal people saw the decline in their resource over the years and didn’t have any opportunity to voice their concerns. The principal guberment management agency, the NSW Fisheries did not consider the traditional associations that individual tribal groups have with specific fish species, or the areas that they inhabit.

In 1993 the NSW Guberment decided that the fish resource needed better management. Prior management of the resource involved licencing structures on oyster leasing, some commercial operations and ‘introduced species’ restocking. In 2002 the guberment decided to implement certain strategic management regimes for ‘the future sustainable economic livelihood of the resource to exist’.[1] The guberment’s research also provided for ‘recognition of Aboriginal people of their prior use of the resource’.[2]

The guberment due to its current policy to negotiate and actively participate with Aboriginal people saw the need to seek advice from Aboriginal people on management of the fish resource. The NSW Guberment sought advice from Aboriginal Affairs agencies, university academics and scientists to try and involve Aboriginal people.

Most of the peak Aboriginal Affairs agencies saw this as just another policy change, and didn’t foresee the importance fish resources had with Aboriginal people. The agencies employed consultants who had no understanding of the traditional associations involved. Desktop studies (through a question and answer form) determined that little or no interest was evident in Aboriginal communities for long-term sustainability of fish resources. Technical papers were produced that focused on a non-Aboriginal legislative approach. The academic/scientific focus was similar in that it didn’t concentrate on present day Aboriginal trends, but leaned more towards a historical perception of fish resource use.

No informed understanding of what Aboriginal people wanted was stated and the non –Aboriginal Guberment prepared a Draft Indigenous Fisheries Strategy (the ‘Strategy’).[3]

The Strategy does not contain clear exemptions for Indigenous people from the recreational licensing scheme, but implies that it may exempt traditional Indigenous fishing in the future.[4] There is no definition of ‘traditional Indigenous fishing’ in the Strategy and therefore, the NSW Fisheries will be able to interpret such activities however narrowly it pleases. Furthermore, the authority for determining what constitutes ‘traditional Indigenous fishing’ may be vested in non-Indigenous bureaucrats, as opposed to Aboriginal communities.

The Strategy contained nothing compared with other management plans produced for target fish species sectors. The recreational fishing sector and commercial sectors produced multi-volume plans with equally intense recommendations. The recreational fishing body was asked to provide their thoughts on management of the resource. The Nature Conservation Council also supplied comments on behalf of Aboriginal people. Many inappropriate words were mentioned on behalf of Aboriginal people, and at no time did the non-Aboriginal people think of speaking directly with Aboriginal people whose lives would be affected by these guberment changes.

All through this process the resource was and still is being affected by inappropriate management. Many Kooris, Gooris and Murri people are still fighting for their voices to be heard. The caretaker managers have disrupted traditional practices and have forced further cultural genocide onto Aboriginal people in NSW.

Mick Leon is a Worimi man from the Forster-Port Stephens area, NSW. He has been actively involved in Aboriginal cultural heritage issues for the past eleven years. Mick is presently studying archaeology at the University of New England and is employed as an Aboriginal cultural heritage officer.

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[1] New South Wales Legislative Council Standing Committee on State Development, Report on Fisheries Management and Resource Allocation in NSW, Report No 17 (1997).

[2] Ibid.

[3] For further information on the Strategy see Mick Leon, ‘NSW Indigenous fisheries strategy: friend or foe?’ [2001] IndigLawB 47; (2001) 5(9) Indigenous Law Bulletin 12.

[4] http://www.fisheries.nsw.gov.au/ifs/html-ifs.htm.