Western Australia's recreational and commercial fishing sectors have launched a major legal offensive against the state government, challenging the controversial decision to permanently close a prized fishery.
Industry Unites in Legal Challenge Against Permanent Closure
The legal action, filed in the Supreme Court of Western Australia, targets the Cook Government's move to make a temporary ban on demersal fishing in the state's South Coast region a permanent fixture. The ban, which initially came into effect as a seasonal measure, was made permanent from October 1, 2024, for the next two decades.
Leading the charge is Recfishwest, the state's peak recreational fishing body, which has joined forces with the Western Australian Fishing Industry Council (WAFIC) and the Professional Fishermen's Association (PFA). They argue the government's decision is fundamentally flawed and lacks proper scientific and economic justification.
Dr Andrew Rowland, the CEO of Recfishwest, stated the legal battle is a last resort after years of failed negotiations. "We have been left with no choice," he said, emphasising that the permanent shutdown was implemented without adequate consultation or consideration of alternative, less damaging management strategies.
Economic and Social Fallout from the Ban
The repercussions of the permanent closure are severe and far-reaching. The ban affects a vast stretch of coastline from Augusta to the South Australian border, targeting popular demersal species like pink snapper, dhufish, and baldchin groper.
For the commercial sector, the decision is a devastating blow. It effectively shuts down a significant component of the South Coast demersal scale fishery, putting livelihoods at risk. The social and economic fabric of coastal communities from Albany to Esperance, which rely heavily on fishing tourism and related businesses, is under threat.
Recreational fishers, a cornerstone of WA's lifestyle and tourism, are equally impacted. The move denies families and enthusiasts access to a cherished pastime and undermines the viability of charter businesses, bait and tackle shops, and accommodation providers that depend on fishing tourism.
A Clash Over Science and Consultation
At the heart of the dispute is a fundamental disagreement over the evidence used to justify the permanent ban. The fishing groups contend that the government's decision is based on an overly pessimistic interpretation of fish stock data and fails to account for the significant recovery efforts already undertaken by the industry.
They point to their own substantial investments in research and voluntary management changes, arguing that a more balanced approach is possible. The legal challenge will likely scrutinise the consultation process, with industry leaders claiming the government ignored their detailed proposals for sustainable fishing that would protect both fish stocks and fishing communities.
The case puts Premier Roger Cook and his government's environmental and fisheries management policies under the legal microscope. A spokesperson for Fisheries Minister Don Punch defended the decision, stating the government had to act on the science to ensure the long-term sustainability of the fishery. However, this stance is now set to be tested in a court of law.
The outcome of this legal battle will set a critical precedent for how marine resources are managed in Western Australia, weighing the principles of conservation against the rights of industries and communities that have depended on these resources for generations.
