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Welcome to the free email newsletter of the

Recreational Fishing Alliance of NSW

January 2023

RFA pre-election catch-ups with NSW and federal politicians.
It has been a busy few months for the RFA of NSW which has met with state and federal MPs to progress recreational fishing issues on behalf of the state's fishers.

The most recent meetings have been with the Hon Dugald Saunders, the Hon Mick Veitch and the Hon Penny Sharpe. The RFA’s messages have focused on access, water quality, habitat and importantly, diverse and inclusive representations.  

The most recent meeting two weeks ago was with Hon Mick Veitch and the Hon Penny Sharpe, and allowed the RFA to present its 2023 State Election Wish List and how we can get some serious funding commitments from the current opposition government to significantly enhance recreational fishing in NSW.
 
As always the updated RFA 2023 Election Wish List will be high on our agenda and the RFA will be bringing this to everyone in the NSW Parliament to consider. Draft copies have already been requested and sent to those proactive MPs who are seeking to get on the front foot and take advantage on the “I FISH AND I VOTE” philosophy most of us subscribe to.
 
The RFA will be spending a lot of time in the NSW Parliament in the next three months, so reach out if you want us to bring any issue to the table.

EOI now open for Fisheries Advisory Councils - closing soon
The NSW Department of Primary Industries (DPI) is seeking Expressions of Interest (EOI) for three NSW fisheries advisory councils.

NSW DPI Fisheries Deputy Director General Sean Sloan said the EOI process is hoping to attract members with varied knowledge and experience to bring to these councils.

“The Ministerial Fisheries Advisory Council (MFAC) was established in 2014 to provide high-level strategic policy advice on issues relating to the management of fisheries resources in NSW,” said Mr Sloan.

“Similarly, the Recreational Fishing NSW (RFNSW) and Commercial Fishing NSW (CommFish NSW) Advisory Councils were set up to provide advice to the Minister on matters relating to each of these fisheries sectors.

“The three Advisory Councils provide effective engagement between government and industry, with key outcomes delivered on a range of fisheries policies and issues.

“The advice provided by the Councils will continue to assist the NSW Government to develop sound policies and decisions to manage fisheries resources and ecosystems, for future generations.”

There are a total of 21 vacant positions across the three advisory councils that need to be filled.

Mr Sloan said the advisory councils are an important part of the decision-making process and is hoping a strong selection of candidates will apply.

“The call is being put out to NSW fishing industry representatives and other individuals from relevant groups to apply for these positions,” Mr Sloan said.

“We want to see applicants who have a passion for seeing these industries thrive into the future.

“In addition to working with the advisory councils, DPI will continue to engage directly with recreational fishers and commercial fishers across the state.”

Applications must be received by 5pm 16 January 2023.

Expressions of Interest for the role of council members can be submitted through the submission portal at: https://bit.ly/3UQW8Ci.

For more information on the NSW DPI Fisheries advisory councils, please visit DPIs website at https://bit.ly/3SGqRjr.

The impact of pumped hydro on your recreational fishing in NSW
Pumped hydro systems might soon have an impact on your recreational fishing. There are reportedly more than 60 pumped hydro projects proposed on NSW waterways. 

Pumped hydro involves the construction of dams that are used to drive turbines to produce electricity. The dams are filled by using cheap power purchased from the grid in periods of low demand/cost; currently much of that power is generated by fossil fuel power stations. The water is released through turbines to generate ‘hydro’ power at peak load times, and sold at a higher price than the power purchased to fill the dam. Pumped hydro acts as a rechargeable battery, storing energy collected when supply exceeds demand, and then providing electricity to the grid when other sources are insufficient to meet needs.

A typical pumped hydro project involves two reservoirs built adjacent to a natural waterway: a lower holding reservoir is initially filled by water from the stream and pumped to a higher reservoir positioned above turbines. After running down through the turbines to generate power, the water returns to the lower reservoir and is then pumped back up to the higher reservoir using low-cost, off-peak power from the grid. The lower reservoir is topped up from the stream whenever water is lost through evaporation and seepage.

The NSW Council of Freshwater Anglers has prepared a short advisory note with further details and recommendations for angling groups. Download at this link.

D-Day for Botany Bay Ferry Wharves

With a decision due to be handed down by the federal Environment Minister Tanya Plibersek last week on the final approvals for this project, the Recreational Fishing Alliance of NSW wrote to the Minister last week in a last-ditch effort to put the brakes on this project that has little support in the community.

This approval will put these structures and ferries in direct conflict with our recognised fishing and spearfishing grounds in a recreational fishing haven. Also keep in mind these are safe fishing spots in a southerly wind/swell as well. The impacts to fish and habitat have been downplayed and ignored as we seem to constantly be talking about sea grass and not discussing the impacts to fish assemblages and spawning aggregations of species like cephalopods that the increased movement of huge water craft like these ferries will have.

This approval will not take into account the lies that Transport for NSW have claimed in NSW Parliament about consulting with groups like the Recreational Fishing Alliance of NSW.

This project will be another scar on Botany Bay. A more measured approach to the approval process is needed, based on the suitability of Transport for NSW to deliver, and what they have said, or not said, in the EIS. We need more time for independent experts and further consultation with the community before a decision is made.

There's no public demand for these ferry services. Even though we took this picture of the nearby car park on a nice day, there are not enough people in the area to fill one ferry, let alone the multiple trips needed to keep it viable. The business case for this project is all smoke, mirrors and false promises. 

Do you fish Walsh Bay?
DPI Fisheries are advising recreational fishers of Walsh Bay that all piers will be closed to the public, which includes fishing, from 2 pm on New Year's Eve till 4 am New Year’s Day.

Expected increased crowds for the Sydney Harbour fireworks and public safety concerns are the reason for this time closure.

RFA Celebrates International Day of People with Disability

On the International Day of People with Disability, the Recreational Fishing Alliance of NSW was amazed to see how those with a disability have not let this stop them from getting out and catching a fish, taking their family fishing and putting fresh fish on the table. After being involved with the community based Fishing for Therapy Project and from a personal perspective as well, RFA President Stan Konstantaras has watched many fishers battle adversity to become better fishers and in many cases kick the arses of more able fishers!

None more so than one of his mates, Bashir Merhi (above) who had a roof collapse on him at a work site. After many years of rehabilitation his dogged determination saw him back fishing where his biggest challenges these days is finding boat ramps that cater for boaters with a disability like his so he can launch his boat. These are far and few between in NSW.

Bashir has been working with the RFA to identify the shortcomings of boat ramps in NSW that don’t cater for people with a disability or even cater for the elderly and frail - things that many of us enjoy every day.

On the International Day of People with Disability we wanted to recognise the contributions and achievements of the 4.4 million Australians with disability, both visible and invisible and wish them all tight lines and encourage them to take up fishing for therapy!

Tight lines for all!

Politician with no idea about rock fishing safety
Do politicians like Adam Crouch MP really know what's right, or wrong, for the public they represent?

The Rock Fishing Safety Act 2016 was always a poorly thought through, rushed and flawed process, driven by vested interest groups. A committee of 26 people formed by the then Minister for Police and Emergency Services David Elliot, had only ONE experienced rock fisher, battling to educate others and obtain consensus across a diverse group with set ideas.

Many had next to no knowledge or experience of rock fishing or knew about Australian Standard Approved Life Jackets AS4758 - but they totally believed in the catch phrase 'Life Jackets Save Lives'!

We know that's not true. Someone has to learn and become informed about when or where to wear an appropriate life jacket, and that all a life jacket does is provide the wearer with additional buoyancy, if it's correctly fitted and suitable for the in-water dynamic ocean conditions, the circumstances and activity it is being worn for.

Maybe if Adam Crouch MP had bothered to attend, listen, watch, observe and ask questions at the recent Rock Fishing Safety Awareness Day at Avoca, he may have learnt a few more things to help him become a better advocate for rock fishing and water safety across NSW, such as learning weather, water safety and swimming skills, which are all skills one rarely forgets. And he might have learned that there are certain Australian standards approved life jackets to avoid.

The proposed additions/amendments to the Rock Fishing Safety Act 2016 are simple and effective alternatives towards improving one's personal safety when rock fishing, or assisting a person rock fishing.

Proper non-slip footwear to match the coastal geological rock platforms conditions is a must, just like tyres with tread are on vehicles. As is the option to wear a wetsuit to reduce injuries, cuts and scrapes, provide buoyancy, warmth during winter, and improve the ability of a person to swim and self-extract - all are  improvements to the current Rock Fishing Safety Act 2016 legislation.

And as for those council Local Government Areas, whose councillors have heard about and voted on changes to declared mandatory life jacket areas for their coastal rock platforms, we wonder just how many councils have a Memorandum of Understanding or a Service Level Agreement with the NSW Police to conduct random or planned awareness, education, compliance and enforcement activities within their jurisdiction?

Maybe Adam Crouch MP should ask Central Coast Council if such a strategy exists, as there were many rock fishers at Avoca last Sunday, some compliant, others not, and they all walked past the council's signage before getting on the rocks.

The NSW government's smelliest secret 

On Sydney Waters' own Refresh Vaucluse and Diamond Bay project web site, the background info spells it out: around 4 million litres of untreated waste water annually spew into the ocean between Bondi and South Head coastline.

A legacy of Sydney's early network, wastewater from the peninsula it is not treated. Instead, it flows directly into the ocean at three locations via 'ocean outfalls'. These outfalls, which were built between 1916 and 1936, are at the bottom of the cliffs at Vaucluse, Diamond Bay and Dover Heights. They are next to heavily-populated suburbs, but discharge into a fairly inaccessible part of the coastline.

In 2018, Sydney Water released a Pollution Study Report, Vaucluse Diamond Bay Ocean Discharges, in response to the NSW Environmental Protection Authority's Pollution Reduction Program. As a result of the study, it was recommended people avoid fishing, swimming or coming into contact with water near the three outfalls.

Over the past decades there have been numerous news articles and reporters doing their best to highlight the inability of the NSW government and Sydney Water to fix this smelly 'out of sight' pollution problem coming from some of Sydney's most expensive and influential real estate.

The NSW government had promised for decades to end the hazardous sewage dumping practice and money was finally provided to do so in the 2022/23 NSW State Budget. It's estimated to cost in excess of $71 million dollars and be completed by 2025, so put that delivery date in your calendar.

No public liability on Canada Bay Council boat ramps?

The RFA was alerted to these new signs and the fine print at the bottom that refers to the "Civil Liability Act 2002 - Section 5MNo duty of care for recreational activity where risk warning."

The wording is 'YOU USE THIS FACILITY ENTIRELY AT YOUR OWN RISK. This warning is made pursuant to cl. 5M of the NSW Civil Liability Act'.
 
Looking at the Act, we discover:

(10) The fact that a risk is the subject of a risk warning does not of itself mean--
(a) that the risk is not an obvious or inherent risk of an activity, or
(b) that a person who gives the risk warning owes a duty of care to a person who engages in an activity to take precautions to avoid the risk of harm from the activity.
 
Does this mean that once built, Council doesn't have to look after them to keep them clean from moss, weed or oysters? The RFA will be digging a bit deeper into this in 2023 to see what the actual liabilities are.
 
Here's the relevant section from the Act in full.

CIVIL LIABILITY ACT 2002 - SECT 5M
No duty of care for recreational activity where risk warning

5M No duty of care for recreational activity where risk warning

(1) A person ("the defendant" ) does not owe a duty of care to another person who engages in a recreational activity ("the plaintiff" ) to take care in respect of a risk of the activity if the risk was the subject of a risk warning to the plaintiff.
(2) If the person who suffers harm is an incapable person, the defendant may rely on a risk warning only if--
(a) the incapable person was under the control of or accompanied by another person (who is not an incapable person and not the defendant) and the risk was the subject of a risk warning to that other person, or
(b) the risk was the subject of a risk warning to a parent of the incapable person (whether or not the incapable person was under the control of or accompanied by the parent).
(3) For the purposes of subsections (1) and (2), a risk warning to a person in relation to a recreational activity is a warning that is given in a manner that is reasonably likely to result in people being warned of the risk before engaging in the recreational activity. The defendant is not required to establish that the person received or understood the warning or was capable of receiving or understanding the warning.
(4) A risk warning can be given orally or in writing (including by means of a sign or otherwise).
(5) A risk warning need not be specific to the particular risk and can be a general warning of risks that include the particular risk concerned (so long as the risk warning warns of the general nature of the particular risk).
(6) A defendant is not entitled to rely on a risk warning unless it is given by or on behalf of the defendant or by or on behalf of the occupier of the place where the recreational activity is engaged in.
(7) A defendant is not entitled to rely on a risk warning if it is established (on the balance of probabilities) that the harm concerned resulted from a contravention of a provision of a written law of the State or Commonwealth that establishes specific practices or procedures for the protection of personal safety.
(8) A defendant is not entitled to rely on a risk warning to a person to the extent that the warning was contradicted by any representation as to risk made by or on behalf of the defendant to the person.
(9) A defendant is not entitled to rely on a risk warning if the plaintiff was required to engage in the recreational activity by the defendant.
(10) The fact that a risk is the subject of a risk warning does not of itself mean--
(a) that the risk is not an obvious or inherent risk of an activity, or
(b) that a person who gives the risk warning owes a duty of care to a person who engages in an activity to take precautions to avoid the risk of harm from the activity.
(11) This section does not limit or otherwise affect the effect of a risk warning in respect of a risk of an activity that is not a recreational activity.
(12) In this section--
 
"incapable person" means a person who, because of the person's young age or a physical or mental disability, lacks the capacity to understand the risk warning.
"parent" of an incapable person means any person (not being an incapable person) having parental responsibility for the incapable person.

Want to know where your NSW licence money goes?
The latest available summary of new projects recommended for funding from the Recreational Fishing Trusts  is online at this link.

Lost access to your local spot?
The RFA wants to know if your local spot has been closed to fishing so drop us a line and let us know what access you have lost recently. Email us. 

Pensioners and fishing licences 
​If you're the holder of a current Pensioner Concession Card issued by Centrelink or the Department of Veterans' Affairs you don’t need to pay the NSW Recreational Fishing Fee.

If you've been issued with one of these Concession Cards there is no need to pay any fees or fill in any forms - just take that card with you when you go fishing.


Promote your fishing club or community fishing event
If you have a local fishing competition or a charity or community fishing event, we are always happy to give it some publicity in this newsletter.

The newsletter goes out around the 25th day of every month of the year, to over 4,000 subscribers. You don’t have to be a member of the RFA of NSW. About 100-200 words is OK, however roughly written, and we always like a picture.



Who represents anglers?
We regularly get comments from anglers that they don't know who is on the advisory committees to the NSW government and that they don't know what issues are considered and decided by those committees. The information is on the web, but not always easy to find, so here are the links:

Recreational Fishing NSW Advisory Council 
http://www.dpi.nsw.gov.au/fishing/recreational/recreational-fishing-fee/licence-fees-at-work/rfnsw

Recreational Fishing Freshwater Trust Expenditure Committee members and minutes
http://www.dpi.nsw.gov.au/fishing/recreational/recreational-fishing-fee/licence-fees-at-work/rfftec

Recreational Fishing Saltwater Trust Expenditure Committee members and minutes
http://www.dpi.nsw.gov.au/fishing/recreational/recreational-fishing-fee/licence-fees-at-work/rfstec

Recreational Fishing Alliance of NSW Facebook page
www.facebook.com/RFANSW

NSW Council of Freshwater Anglers Facebook page
https://www.facebook.com/NSWCFA

RFA videos now on YouTube channel

 

The RFA of NSW now has a YouTube channel where all our safe fishing videos can be viewed. Go to www.youtube.com/safefishing to see the channel.

About the Recreational Fishing Alliance

The RFA is the peak recreational fishing body in NSW. It is a not-for-profit, volunteer organisation supported by recreational fishing clubs, associations and individual anglers.
The RFA's aims are:
 • To represent the interests of the recreational anglers of NSW and to gain equitable representation in the management of the State’s recreational fisheries.
 • To promote sustainable fishing practices throughout NSW.
 • To encourage the participation of children in recreational fishing.
 • To pursue and secure the rights of recreational anglers to fishing access in NSW waters.
 • To encourage recreational anglers to become involved in the well-being of the fishery.
 • To promote consultation and communication between government bodies and anglers.
 • To promote fishing safety.

 

Subscribe to this newsletter by clicking here.

The RFA is an independent peak representative body for recreational fishers in NSW, operated by volunteers.


This NSW RecFisher newsletter is for all anglers in NSW. Subscription is free (click here). Please forward it to your angling mates and whoever produces your fishing club newsletter, they can use any news items they wish from this newsletter or from our Facebook page.

Fishing clubs
You can link to this email in your own newsletter. To get the link, go to the top of this email and click on 'View it in your browser'. The URL of the newsletter should then appear in the address bar of your internet browser. Cut and paste that complete address as a link to paste into your newsletter, Facebook page, etc.


 



Member clubs of the RFA of NSW

Australian National Sportfishing Association (NSW Branch), Euro Fishing Association, Merimbula Big Game & Lakes Angling Club, New South Wales Council of Freshwater Anglers, NSW Fishing Clubs Association, New South Wales Underwater Skindivers and Fishermen’s Association, South West Anglers Association, St George and Sutherland Shire Anglers Club.

Fishing clubs can join the RFA of NSW for just $55 per year. Membership for individual anglers costs just $22 per year.
If you would like to join please download the membership form.
The 2023 World Recreational Fishing Conference will be held in Melbourne 18-23 February 2023.
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'Don't put your life on the line' is a registered trademark of the Recreational Fishing Alliance of NSW Inc