Draft Aboriginal Fishing Regulation

Aboriginal cultural fishing is defined by the Fisheries Management Act 1994 as fishing activities and practices carried out by Aboriginal persons for the purpose of satisfying their personal, domestic or communal needs, or for educational, ceremonial or other traditional purposes, and which do not have a commercial purpose.

The Draft Regulation is being developed with the intention of being applied to Aboriginal peoples fishing for cultural purposes statewide.

Where other legal place-based mechanisms are in place to support cultural fishing (e.g. an Aboriginal Cultural Fishing Local Management Plan and supporting section 37 order or section 37 cultural fishing and/or marine park or aquatic reserve permit), the limits and/or allowances in those other mechanisms will apply to the people recognised in the relevant orders or permits. Where an Aboriginal person is not a native title holder or does not have the benefit of a section 37 permit or order, or a marine park or aquatic reserve permit, then the Draft Regulation limits will apply.

The Draft Regulation will not change what native title holders can currently take. Section 211 of the Native Title Act 1993 (Cth) provides native title holders with – in substance - an immunity from the limits in the Draft Regulation, where they are fishing in the exercise or enjoyment of their native title rights for the purpose of satisfying their personal, domestic or non-commercial communal needs. The Draft Regulation does not authorise an Aboriginal person to do anything that is inconsistent with native title rights and interests under an approved determination of native title or with the terms of an indigenous land use agreement, within the meaning of the Native Title Act 1993 (Cth).

‘Aboriginal cultural fishing’ and ‘Aboriginal person’ are defined, for the purposes of the FM Act as follows:

Aboriginal cultural fishing means fishing activities and practices carried out by Aboriginal persons for the purpose of satisfying their personal, domestic or communal needs, or for educational, ceremonial or other traditional purposes, and which do not have a commercial purpose.

An Aboriginal person is defined for the purpose of the FM Act as someone who:

• (a)  is a member of the Aboriginal race of Australia, and
• (b)  identifies as an Aboriginal person, and
• (c) is accepted by the Aboriginal community as an Aboriginal person.

Since early 2023 work has been underway on the development of a draft regulation in consultation with the NSW Aboriginal Fishing Advisory Council, and fisheries and marine estate advisory bodies. Last month further targeted stakeholder consultation was undertaken, with feedback considered and necessary amendments made prior to public consultation.

The draft regulation has also been informed by previous feedback from consultation on a draft Aboriginal fishing regulation in 2015, cultural fishing research, as well as learnings from the development and delivery of place-based Aboriginal Cultural Fishing Local Management Plans in the Tweed and Hastings areas

• Draft Aboriginal Fishing Regulation discussion paper
• Proposed daily bag and possession limits for an Aboriginal person fishing for cultural purposes table 
• Draft Fisheries Management (General) Amendment (Aboriginal Cultural Fishing) Regulation 2024
• Draft Aboriginal Cultural Fishing Regulation Consultation Factsheet PDF, 749.9 KB
• Frequently Asked Question

If you identify as an Aboriginal person, please consider joining us on one of the following webinar sessions

Tuesday 17th December between 11:00-1:00pm (registration for this webinar has now closed)

Tuesday 17th December between 5:00-7:00pm (registration for this webinar has now closed)

Thursday 9th January between 11:00-1:00pm (registration for this webinar has now closed)

Thursday 9th January between 5:00-7:00pm (registration for this webinar has now closed)

Monday 10th February between 5:00-7:00pm

If you don’t identify as an Aboriginal person and would like to learn more about Aboriginal cultural fishing and the draft Aboriginal Cultural Fishing Regulation, please consider joining us at the following webinar sessions

Wednesday 18th December between 12pm to 2pm  (registration for this webinar has now closed)

Wednesday 15th January between 12:00-2:00pm (registration for this webinar has now closed)

Tuesday 21st January between 5:00-7:00pm

If you affiliated with the NSW Aboriginal Land Council or a Local Aboriginal Land Council, please consider joining us on one of the following webinar sessions

Monday 20th January between 2:00-4:00pm (Freshwater – for North Western, Norther, Central, Western and Wiradjuri LALCs)

Friday 7th February between 1:00-3:00pm (Saltwater North – for Sydney/Newcastle, Mid North Coast and North Coast LALCs)

Friday 24th January between 1:00-3:00pm (Saltwater South – for South Coast LALCs)

Please note targeted meetings are being held with NTSCORP and Registered Native Tile Body Corporates.

* All webinars will be lead by independent facilitator Grant Sarra.

**Registration for each webinar will close 1 hour before its scheduled time

Express your interest in participating in a yarning circle for the draft Aboriginal Fishing Regulation. We encourage you to support family and community members who may prefer a direct conversation to participate as well.

*Yarning circle will be lead by independent facilitator Grant Sarra.

Register your interest here

Register your interest before 3 February 2025