Module 14
	The Nature, Purpose and Scope of Coastal and Marine Studies	Activities OHTs Readings Resources
Resource 1 Symbols Resource 2 Possible Aboriginal and Torres Strait Islander interpretations Resource 3 Aboriginal resource use and management Resource 4 Aboriginal resource use and management Resource 5 Customary law and lore of the coast Resource 6 Valuing traditional ecological knowledge Resource 7 Case study - Focus on a local marine resource use issue Resource 8 Case study - Turtle and dugong hunting management in Far North Queensland		Resources

Resource 5

Customary law and lore of the coast

Case study - the Kaurareg

The Kaurareg people from Prince of Wales island (Muralag) in the Torres Strait (who see themselves as Aboriginal rather than Islander) utilise their marine resources in a way that is governed by their (religious) beliefs about ancestral spirits and supernatural order. Mythology establishes the extent of land and sea country for the Kuarareg. While the sea country belonged to all, Elders had responsibility to ‘call up’ dugong and allocate the number to be hunted by each community. Over-hunting was punished as there was a strong ethic of taking from the sea only what was required to satisfy immediate needs. A principle of Kaurareg marine lore is that one can only fish successfully when one is hungry.

‘Calling up’ marine resources such as turtle and dugong serves to control access to those resources. It is still said today that only those people who know how to ‘talk to country ‘are able to fish successfully in a given place.

Traditional marine knowledge was passed down from elders to young men. “These people studied the water and tide, ...they know which place to go to in which time, that’s why they study them two, for that sort of thing. They lived on the water! Their life that was their food, in the water.” (Kuarareg tribal Elder).

Young men were instructed to go out and catch certain species from certain places at certain times of the year. The young men would always find what they had been told to catch - such was the knowledge of the elders who taught them. However they had to bring back the exact number or quantity of the species which the old men had specified or face punishment.

Kaurareg people distinguish at least 6 kinds of tides in the Torres Strait where the tides are complex, pronounced, unusual and unpredictable’. Kaurareg people used their detailed knowledge of the tides to hunt turtle and dugong and to catch fish, knowing where to hunt and fish in which kinds of currents.

Kaurareg people know two seasons. Northwest (wind) time when people concentrate on dugong and avoid eating fish (which feed on jellyfish during this time and, if eaten, cause the skin to swell and become itchy) until certain stars appear in the sky which signals that the jellyfish are gone and fish are safe to eat again. Southwest (wind) time indicated by another constellation of stars , is a time of plenty when fish, crabs, mussels and bailer shells are ‘fat’, and the water is clear for spearing. When the winds abate towards the end of this season, the turtles are breeding and are easy to hunt until a certain constellation disappears and the monsoon begins.

Case study - the white sandbeach people

The sandbeach people of northern Cape York Peninsula are related through intermarriage to the Kaurareg Aboriginal people of the islands. They were known as ‘fisherfolk, dugong hunters and often great seafarers’. In the days before white settlement, they spent the whole of their lives in and out of their double outrigger canoes obtaining food supplied from the sea and the surrounding sandbeach country. Their territories extended from Princess Charlotte Bay around Cape York to Port Musgrave on the west coast.

Their seafaring prowess is connected to their warrior status and they have been described as ‘great adventurers and great fighters’. Their prowess in hunting dugong and turtle was the peak of honour and the title dugong man meaning ‘belonging to the dugong’ was a prized one. Hunting dugong was dangerous, requiring skill and courage.

The dugong man was not only the best hunter and harpooner. The extent of his knowledge of the dugong, the rhythm of the tides, the movement of the stars the signs of the seasons, the elements and the atmosphere were integral to his skill with the harpoon. He must prepare himself to create the right kind of feeling in mind and body, to become imbued with that same power of the gods which steels the heart as warrior. In so doing he becomes ‘matched’ with the dugong, and when he ‘sings’ the dugong, ‘the dugong must die’.

Resource 6

Valuing traditional ecological knowledge

Indigenous people often know much about their local marine resources that marine biologists do not. This is hardly surprising since they have been accumulating their knowledge for hundreds or thousands of years. Given the relative scarcity of scientific knowledge of tropical marine ecosystems, traditional ecological knowledge can play an exceptionally important role in marine resource management.

Coastal Aboriginal fishers in Arnhemland know more about their estuarine environments than can be found in scientific literature.
For years, biologists argued over whether barramundi, an important recreational , subsistence and commercial species in the region, spawned in rivers or in shallow coastal waters. The answer is fundamental to management of this heavily exploited species. Results were contradictory and ambiguous. The question appeared to be resolved when a biologist demonstrated that barramundi in the Fly River system in New Guinea migrated downstream into Torres Strait and 100km along the coast before spawning. But Aboriginal fishers in northern Arnhemland continued to maintain that barramundi spawned well upstream in local rivers.

This apparent contradiction was resolved when another scientist demonstrated that barramundi did indeed spawn well upstream in river sin northern Arnhemland. The characteristic common to spawning locations in Torres Strait and Arnhemland turned out to be salinity. Barramundi spawn in waters more saline than freshwater but less saline than seawater.

Much practical knowledge is stored in the body of Indigenous traditional knowledge - the issue of barramundi spawning could have been resolved much earlier if scientists had sought the knowledge of Indigenous fishers. Ignoring or losing this knowledge is as senseless as watching unmoved while libraries burn.

Resource 7

Case study - Focus on a local marine resource use issue

Use the following extract as a basis for discussing your local issue. This extract provides a very general summary of Indigenous peoples’ aspirations and issues related to marine resource use. How well does it apply to your issue?

The preconditions for reconciling Indigenous and non-Indigenous perspectives on ocean management are recognition and respect of those differing, culturally-based perspectives.

The Oceans Policy represents an opportunity to help marine environment and resource managers and users, and the wider Australian community, to recognise the cultural, historic and economic relationship between Aboriginal and Torres Strait Islander peoples and the sea. Such recognition will not be easy to achieve because it presents a major challenge to the long-held ‘certainty’ in the dominant Australian culture that the sea is a common area, open to all, belonging to no one, managed by governments, with input from the whole community.

For many coastal Aboriginal people and Torres Strait Islanders, the sea is not a common, but part of a defined, inherited country for which they have inalienable rights and responsibilities to use and manage. On the other hand, coastal and island Indigenous peoples appreciate that it is unrealistic to return to pre-colonial conditions. What they are seeking is willingness on the part of governments and other marine stakeholders, to explore ways to accommodate their continuing cultural rights and responsibilities in a contemporary context. At the very least, this will require a place at the table where decisions are being made, and the opportunity to educate others at the table about Indigenous perspectives on saltwater country.

In developing an Oceans Policy, the government is seeking to promote a stewardship ethic in all marine resource users and to avoid the ‘tragedy of the commons’. One step towards that goal is to recognise the stewardship ethic which already exists in the relationship between Aboriginal and Torres Strait Islander peoples and their saltwater country. The concept of customary marine estates could become a tool for sustainable natural and cultural management, rather than being perceived as a threat to the perceived rights and interests on non-Indigenous Australians.

Until recently, national parks were regarded as necessarily common property, managed by governments on behalf of all Australians. With a growing appreciation of the importance of land to Aboriginal people, many if not most Australians now accept that Aboriginal ownership and joint management of Kakadu, Uluru and other national parks is beneficial to those places, and to the local Aborig

inal cultures. Millions of tourists continue to visit these places, which contribute to make major contributions to the regional and national economies.
Recognition of Aboriginal and Torres Strait Islander’s cultural rights and interests in the sea can similarly achieve mutually acceptable outcomes. The debate need not focus on ‘commons versus country’. Rather, the Indigenous stewardship ethic which already exists could be recognised and nurtured to the benefit of all Australians.

Steps to achieve this process of active, constructive reconciliation could include:

• ensuring that all marine environmental and resource management boards, authorities and advisory committees include appropriate representation of Aboriginal and/or Torres Strait Islander peoples;
• providing training, logistical and other support for Indigenous representatives to enable them to contribute fully to decision-making and advisory processes;
• ensuring that the conservation of all Aboriginal and Torres Strait Islander subsistence marine resources is given priority over commercial and/or recreation exploitation;
• ensuring that Aboriginal and Torres Strait Islander communities are afforded adequate opportunities to benefit financially and in other ways from the commercial utilisation of resources within identified marine estates.
• providing cross cultural awareness education and training to ocean managers, planners and policy makers to assist them to recognise and respect Aboriginal and Torres Strait Islander perspectives on saltwater country;
• providing appropriate information to all users of ocean environments and resources to assist them to learn about and respect Aboriginal and Torres Strait Islander cultural, economic and legal rights and interests;
• continuing support for existing Indigenous coastal and ocean management initiatives, including support for Aboriginal and Torres Strait Islander Community Ranger training, employment and logistical support.
• continuing support for the development and implementation of the Aboriginal and Torres Strait Islander Fisheries Strategies, including the adequate provision of short and long term funding;
• ensuring that all relevant Indigenous communities and organisations are adequately informed, involved in and adequately resourced with respect to consideration, planning and management of any marine protected area.
• ensuring that every effort is made to respect and protect all continuing native title rights and interests in the sea.
• and substantively involve native titleholders in any decision-making relating to their customary marine estates and adjoining regions.

The steps towards respect and reconciliation suggested above would be most effective if negotiated and implemented as part of a regional, integrated package. The negotiation of regional agreements, as provided for in the Native Title Act, is one currently available mechanism for this process to occur, in a way that involves all appropriate Indigenous groups and other stakeholders.

The development of an Oceans Policy for Australia provides an opportunity for governments to encourage and facilitate the negotiation of regional agreements for the management of Australia’s marine environments and resources. Regional agreements also provide opportunities to negotiate the integration of coastal land and sea management. A more holistic approach to coastal and ocean management would provide an appropriate basis for the recognition of Indigenous peoples’ perspectives on saltwater country.

Whatever the legal outcomes of Indigenous peoples’ native title claims in the sea, their belief in their cultural rights and responsibilities with respect to their saltwater country will continue. In order to achieve a more cooperative, equitable system of managing Australia’s ocean environments, it is therefore in the interests of all ocean users and managers to engage in the process of recognition of Indigenous peoples’ marine rights and interests sooner rather than later.

Your scenario:
What is the issue? Who are the stakeholders? What are their concerns? How will they state their positions in the community meeting that will be held to discuss your issue? What conclusions and resolutions will you be able to arrive at?

Resource 8

Case study - Turtle and dugong hunting management in Far North Queensland

Resource management

The Kuku Yalanji bama1 are the traditional people connected to country between Mowbray River and the Annan River in Far North Queensland. The Kuku Yalanji bama have existed as part of nature in the traditional country for ever and have learned to manage and respect the environment and its resources. The Kuku Yalanji culture still exists with the Kuku Yalanji bama and activities such as hunting and gathering are part of life for Kuku Yalanji bama. The Kuku Yalanji lifestyle is based around co-existence with the environment and the lesson is passed from generation to generation.

Development has had a variety of impacts on the Kuku Yalanji bama and their environment. They have existed in balance with the environment, managing plentiful stocks of plants and animals to ensure sustainable harvests and ecological balance. Sacred sites and protected areas, seasonal hunting and gathering, and the nomadic lifestyle of the Kuku Yalanji bama demonstrate that they were responsible for effective management of the country and its resources to ensure the preservation of country and survival of all native plants and animal species for future generations.

Early European settlement (past 100 years established sugar cane and cattle farming in traditional Kuku Yalanji country. The people were forced (if necessary) from their traditional hunting and gathering country onto missions and camps under the assimilation policy. This and other destructive government policies relating to “Aboriginal affairs” has negatively affected many generations of bama and there are many living Kuku Yalanji who have experienced life under racially discriminatory government Acts.
The Kuku Yalanji were dispossessed of their country, restricted in movement, racially and economically mistreated, slaughtered, murdered, raped, kidnapped, exposed to alcohol, re-educated for slavery, brainwashed and beaten. Many of the Kuku Yalanji bama have been emotionally and physically scarred through history and this history has been passed from generation to generation.

The recovery of traditional country through land claims process is important to allow the Kuku Yalanji to rediscover and reconnect laws and culture with the environment. Regaining our traditional existence, fair treatment to traditional owners in society and compensation is long overdue to the Kuku Yalanji and other Indigenous groups. Each group has to negotiate according to their own needs.

Tourism in Kuku Yalanji country has expanded to become the prominent business in the area. Port Douglas, Mossman Gorge, Daintree River, Cape Tribulation and the Great Barrier Reef are all special components of this area. As development increased, management agencies and their various restrictions have also increased. Permits, licences and laws developed to manage various activities have omitted the Traditional Owners. The Kuku Yalanji need to hunt, gather and continue to pass on their knowledge to the younger generations but restrictions made by government do not allow for Kuku Yalanji bama to exist as Kuku Yalanji bama.

Traditional knowledge of the country and its resources exists within the community and it is important for the bama to practise management of the country using this knowledge. Bama also realise that the European community exists and also have a wealth of knowledge that can be useful for management in the multi-use environment. The Kuku Yalanji have observed plentiful stocks of plant and animal species disappear in their traditional area and have been unable to participate to prevent the destruction. The restrictions of bureaucracy are changing slowly and the Kuku Yalanji bama have an important role to play in the management, research and development of the traditional country.

The Kuku Yalanji bama therefore wish to establish co-management agreements with government agencies to protect the country and to ensure all native plant and animal species and the Kuku Yalanji bama culture survives in the homeland.

Kuku Yalanji bama also believe that agreements can be reached between local state and federal governments for funding to manage traditional country and achieve effective and community-beneficial compensation for the Kuku Yalanji bama.

Co-management

During the 1990s the decrease in turtle and dugong numbers in the southern GBR became of major concern to environmental groups and governments. Development (degradation of natural habitats), fishing practices (trawling and mesh netting causing drowning or fatal injury). Boat strikes, natural predation, natural disasters (cyclones and floods), pollution (waste from industry, and marine users entering the waterways causing mortality indirectly or directly) and traditional hunting all affect the survival of marine turtles.

To manage turtles and dugong, governments decided that traditional people using the marine park and inshore waters and resources should be restricted and monitored. Forcing a permit system on traditional peoples’ activities caused tensions between hunters and government. Traditional Owners were initially blamed as the major factor causing the reduction in turtle and dugong numbers without evidence. The fishing industry, coastal developers, recreational water users, tourism and other commercial and marine industries were all able to continue their activities without immediate changes to their practices.

The Kuku Yalanji bama were critical of the introduced permit system because:

• they were not effectively involved in the consultation and development processes for management of their country;
• the non-Indigenous scientific community refused to recognise the value of traditional knowledge;
• unfair and ineffective restrictions were placed on traditional activities and the commercial and general community remained unrestricted
• the permit system created more problems for Traditional Owners (over-hunting in the Kuku Yalanji hunting area)

The Kuku Yalanji bama are responsible for the traditional management of culture and cultural practices in their traditional area. Government agencies have a role to support traditional management strategies to protect Indigenous peoples’ rights as Australians.

Hunting permit process

The hunting permit process required prospective hunters to:

• complete a form, send it into the government department and wait 4-6 weeks for assessment before the permit was issued
• carry the allocated permit, which had an expiry date and a set of conditions, on the hunt for proof of a permit if boarded by a patrol vessel
• return the permit directly after the take of the permitted marine turtle or if the permit date had expired
Kuku Yalanji concerns included:
• permits were issued to any Indigenous hunter regardless of cultural boundaries and traditional management strategies of the groups affected
• assessment of the permits were undertaken by government usually non-indigenous staff with no understanding of traditional laws and cultural diversity within the permit area
• reading, completing and posting an application was impossible for some bama, especially the older people who have received no education; in addition many bama do not feel comfortable communicating with a non-Indigenous person in an unfamiliar environment when asking for a permit application
• assessment period of 4-6 weeks was too long to wait because of unpredictable weather conditions and need of permits for special occasions
• permits were issued for hunting across all traditional boundaries, allowing Indigenous people to hunt in other peoples’ country with the result that some areas were over-hunted.

Because of these concerns, the Kuku Yalanji bama formed a Marine Resource Committee with these aims: To

• protect Kuku Yalanji culture and country for future generations
• protect endangered species and sites of cultural significance to Kuku Yalanji
• protect the rites of the Kuku Yalanji and sure that traditional practices continue
• educate Kuku Yalanji about issues affecting them
• educate government agencies about traditional management
• educate all groups to establish a better understanding of issues and create effective solutions

During the 1990s the decrease in turtle and dugong numbers in the southern GBR became of major concern to environmental groups and governments. Development (degradation of natural habitats), fishing practices (trawling and mesh netting causing drowning or fatal injury). Boat strikes, natural predation, natural disasters (cyclones and floods), pollution (waste from industry, and marine users entering the waterways causing mortality indirectly or directly) and traditional hunting all affect the survival of marine turtles.

To manage turtles and dugong, governments decided that traditional people using the marine park and inshore waters and resources should be restricted and monitored. Forcing a permit system on traditional peoples’ activities caused tensions between hunters and government. Traditional Owners were initially blamed as the major factor causing the reduction in turtle and dugong numbers without evidence. The fishing industry, coastal developers, recreational water users, tourism and other commercial and marine industries were all able to continue their activities without immediate changes to their practices.

The Kuku Yalanji bama are responsible for the traditional management of culture and cultural practices in their traditional area. Government agencies have a role to support traditional management strategies to protect Indigenous peoples’ rights as Australians.

some rights to resources on other related clan estates.
Clan members are responsible for carrying out ceremonies, observing taboos and physically managing the estates resources. Laws and customs relate to the use and management of resources such as restrictions on who can eat and prepare certain foods, time and place of fishing and how the resources are harvested and used.
This intimate association with particular country provided Indigenous peoples with their identity. The severing of that connection to a particular country, as happened across much of Australia during the colonial period and into recent times, denied Indigenous peoples a place in their kinship system, access to resources and the basis of their spiritual beliefs. The importance of maintaining connection with traditional country continues to be of fundamental importance in Indigenous peoples’ identity and well-being across much of Australia today.