A recent landmark decision in the NSW Land and Environment Court (21 Jan. 2000) ruled in favour of a group of recreational fishermen (as represented by the 25,000-strong Sustainable Fishing and Tourism Inc.) seeking government legislation to prevent trawler operators from getting a licence without producing an environmental impact statement. Their concern related to the trawlers dragging their nets over seagrass beds because these areas were seen as important fish nursery areas. Court action was brought against a private trawler operator but it was also claimed NSW Fisheries Minister unlawfully granted a licence to him by not complying with the Environmental Planning and Assessment Act. The judgement was suspended for six months to allow Fisheries time to review its licence-issuing procedures (McIlveen 2000). More recently, Botany Bay and Lake Macquarie have been closed by NSW State Fisheries to commercial fishing, a decision upheld in the Land and Environment Court. This is part of the protection of 30 locations from commercial fishing, resulting in 27% of estuarine waters being substantially free of this activity. Commercial fishing was banned from these areas from 1 May 2002 , except for the Clarence River haven which will come into effect on 1 September 2002. The stated purpose of these areas is to improve recreational fishing by banning commercial fishing in key areas of significance to recreational fishers.



Copyright © Environment Australia, 2002
Department of Environment and Heritage