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Torres Strait Islanders fight for commercial fishing rights

Twenty years after the Mabo case, Torres Strait Islanders are back in the High Court, fighting to secure commercial fishing rights under native title law.

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3 min read

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Updated

By Stefan Armbruster

Source: SBS


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Walking in the footsteps of Eddie Koiki Mabo, fellow Torres Strait Islanders have prepared for a legal fight with the federal government.

In 2010, there were celebrations when the Federal Court not only recognised their native title sea claim but, in a historic decision, awarded non-exclusive commercial fishing rights.

Last year, the Commonwealth overturned the fishing provision in court and the islanders want it reinstated.

"It could mean that other Indigenous groups in Australia having the rights, the commercial rights in other things, that's the bottom line, that's what they're afraid of", said Ned David from Iama Island's native title representative body.

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The federal government argued the regulation of the fisheries in the region since the late-1800s extinguished native title over marine resources.

If the case goes their way, it won't lock out non-Indigenous fishermen, but it will give Torres Strait islanders a greater say on commercial fishing in their waters.

For thousands of years the waters between Cape York and Papua New Guinea provided Torres Strait islanders food and goods for trade. After colonisation that relationship with the sea continued, while they also worked in the newly-introduced commercial fisheries.

Today, hundreds of tonnes of cray or tropical rock lobsters are the main catch and are exported around the world.

Combined with prawn and fin fisheries, it's an industry valued at about $34-million a year, says John Altman from the ANU Centre of Aboriginal Economic Policy.

"Other fishers can also participate in the Torres Strait Island fisheries but nevertheless what they're looking for is rights that will be theirs, as inherent native title rights, rather than having to purchase them commercially".

The islanders already have a special status under the Torres Strait Treaty with Papua New Guinea.

Since it was signed in 1985, no new commercial licenses have been issued in the region to non-Indigenous fishermen.

"The overall aspiration has always been that we would fully manage the fisheries, that decisions and policy and you know, the regime, would be managed and controlled by Torres Strait islanders," says Ned Iama.

But they will have to wait to see if they have again redefined native title, after the High Court reserved its decision at today's hearing.


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