NLC to introduce permits to fish on Aboriginal lands in NT

Amateur fishermen in the Top End are concerned that access fees may just be a matter of time after changes by traditional owners. See what’s behind the change.

Recreational anglers will be required to obtain a permit to access Territory waters overlying Aboriginal land from next year.

However permit-free fishing will continue for popular fishing areas around Darwin and Bynoe Harbours and long-term permit-free access arrangements between the Territory government, Northern Land Council and traditional owners will also remain in place.

Current arrangements expire at the end of the month and the NLC said it would be replaced by a permit system based on the angler’s location, date and time.

Initially free, the NLC has not ruled out the introduction of a fee for recreational fishos at a later date.

The Amateur Fishermen’s Association NT chief executive David Ciaravolo questioned the “durability” of fishing for free in Aboriginal waters.

However NLC chairman Dr Samuel Bush-Blanasi said the updated arrangements would “balance the rights” of Traditional Owners and the interests of recreational fishers.

NLC chair Sammy Bush-Blanasi (right) with former deputy Prime Minister Michael McCormack at the Barunga celebration near Katherine. FACEBOOK

“For the last two years the NLC has provided recreational fishers with a simple registration system giving fishing access free of charge to the majority of Aboriginal sea country,” Dr Bush-Blanasi said.

“There have been thousands of registrations during that time.”

Long term, permit free access arrangements will continue to apply in the Daly River, Nhulunbuy, Port Keats and McArthur River regions based on existing arrangements with key stakeholders.

Parts of the Finniss River and Mini Mini areas will remain closed to recreational fishers.

The NLC said it was working with the NT government to advance negotiations with traditional owners for long-term agreements for recreational fishing in these areas.

“Fourteen years after the High Court’s Blue Mud Bay decision we are finally seeing the rights of Traditional Owners being respected,” Dr Bush-Blanasi said.

“We will keep looking at the arrangements to make sure they reflect the legal rights and interests of the Traditional Owners of that country.

AFANT chief executive David Ciaravolo said there were still priority areas for resolution.

“The most popular Aboriginal waters that fishers love to fish in – the Finniss River, Little Finniss and Mini Mini region – remain closed with permits still not being offered in these key locations,” Mr Ciaravolo said.

“The development that free permits will be offered for remote Aboriginal-owned waters will hopefully provide a level of certainty, especially in the short term.

AFANT Executive Officer David Ciaravolo. Picture: Justin Kennedy

“The fact that permits are free does raise some questions about the durability of the new arrangements.

“While traditional owners will be able to learn more about the numbers of people fishing in remote NT, they will not financially benefit and may not enjoy the access payments and other fishing related government investments seen in areas with long-term access agreements.

“We welcome the statement that negotiations for long term agreements will continue for the Finniss and Mini Mini, however after 14 years and no agreements, we encourage the NTG to immediately respond by putting more generous and flexible offers on the table.

“The NLC have told us permits will be offered for up to two weeks.

“This will cover many fishing trips but is expected to cause issues for people living and working in remote areas or providing key services in Aboriginal communities.”

Mr Ciaravolo said the organisation accepted it was “early days” and it hoped to “work with the NLC on this into the future”.

“Community members have raised concerns wanting to clarify who they have to show permits to when asked,” he said.

“We are working with the NLC on clarifying this, as we want to support compliance and safety for everyone on remote waters.”

In November, the NLC issued a media release criticising the Territory government for the slow implementation of the 2020 Blue Mud Bay action plan which included arrangements for rec fishos to access intertidal waters for recreational fishers and amendments to the Fisheries Act.

Dawn breaks over Blue Mud Bay, where a sea rights flag can be seen waving at the intertidal mark Picture: Matt Garrick

“Unfortunately, the NT Government has been dragging the chain for the past two years,” Mr Bush-Blanasi said.

“We have missed key milestones and are worried they won’t keep their word.

“We know there might need to be an extension to the Action Plan but until we hear from the government, it is causing confusion for everyone.

“I know people want certainty.”

The 2008 Blue Mud Bay decision granted traditional owners exclusive native title rights to the intertidal zone in Territory waters, about 6000km of coastline.

Chief Minister Natasha Fyles said the rights of traditional owners must be respected in pursuit of certainty around water access.

“What everyone would like is certainty,” she said.

“We have to respect the rights of traditional owners that is something that is the law and we’re working with the land councils and certainly wanting as much access as possible for both commercial industry but also rec fishers.

“We know how important it is not only to locals but tourists in the Territory.”

Responding to claims by amateur and commercial fishermen of minimal consultation, Ms Fyles reiterated the importance of TO rights.

“We need to respect the rights of the traditional owners,” she said.

“We take on board that feedback and we try as much as we can to work with particularly key stakeholders such as the rec fishers and industry.”