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• Bowfishing in NSW

• Proposal to allow bowfishing for in inland waters of NSW

What is proposed? It is proposed to legalise bowfishing for carp species in specified inland waters where it is currently prohibited and to no longer allow the activity in offshore, oceanic and estuarine waters where it is currently allowed under spear regulations. The Bowfishing for Carp in Inland Waters Trial Program and its review identified that bowfishing has the potential to be a safe and sustainable fishing technique that will contribute to regional economies in NSW. Based on the results of the trial review, it is recommended that bowfishing be legalised as a fishing technique in NSW through minor amendments to the Management (General) Regulation 2019. This would involve creating specific bowfishing regulations (separate from ) that would include: • Defining bowfishing equipment as distinct from equipment and prohibiting the possession and use of bowhunting equipment when undertaking bowfishing. • Limiting the activity to targeting carp in selected inland waters only and prohibiting the activity in marine and estuarine waters. • Limiting the activity to exclude declared trout waters. • Limiting the activity in inland impoundments to exclude areas around holiday parks. • Ensuring that bowfishing equipment is not used within 100 metres of a person, vehicle or vessel that is not a part of the bowfisher’s party. • Ensuring that bowfishing equipment must not be used within 100 metres of a dwelling, boat ramp, picnic area or campsite and within 500 metres of a holiday park. • Ensuring that other waterway users have priority over bowfishers. • Only allowing the activity to be conducted during daylight hours and not with the aid of an artificial light. Proposal to allow bowfishing for carp in inland waters of NSW

Persons undertaking bowfishing will continue to require a current NSW Licence. A Bowfishing Guide (similar to the spearfishing code) will also be developed by DPI Fisheries in conjunction with bowfishing stakeholders and will be made available to bowfishers in NSW. The guide will also recommend that bowfishers complete the bowhunting module of the NSW R-Licence Accreditation Course to further assist them with safe bow handling skills. A Review of Environmental Factors (REF) has been developed as part of the proposed changes to satisfy Part 5 of the Environmental Planning and Assessment Act 1979 for activities that may impact threatened species. As part of the changes, bowfishing in all waters in NSW other than specified inland waters and for carp will be prohibited. This is to allow adequate separation between bowfishers and other fishers and waterway users in popular coastal locations around the State.

Background What is bowfishing? Bowfishing is the use of specialised equipment to target fish. Bowfishing equipment includes an upright bow with a specialised attached to the bow through a tethered line and a reel. Bowfishing is a fishing technique that is effective when targeting larger fish species that inhabit surface waters, like carp. It is popular in many overseas jurisdictions like the US and Canada and generates significant income for rural and regional areas in these countries. Bowfishing for carp species is legal in South Australia within the main channel of the Murray River. Bowfishing equipment is currently captured under the definition of a spear gun in the (General) Regulation 2019. Clause 52 and Schedule 4 of this regulation prescribes the areas where spear guns may be used, which generally includes the last 20 metres of oceanic beaches and headlands and various estuarine waters not including the entrances to harbours, rivers or inlets. The use of a spear gun (including bowfishing equipment) is currently prohibited in all inland waters of NSW, being waters not subject to tidal influence. Carp are an introduced freshwater species that have been declared a noxious fish in NSW. They can have a significant impact on freshwater ecosystems through their detrimental impacts on aquatic plants, erosion, native fish and water quality. The Bowfishing for Carp in Inland Waters Trial Program In 2013 the Department of Primary Industries (DPI) called for submissions on proposals relating to various changes to recreational fishing rules in NSW. In response, more than 5,400 submissions and 30,000 individual comments were received, which resulted in 43 proposals. Of these proposals around 10 were selected by DPI Fisheries for potential implementation. The bowfishing for carp in inland waters proposal received the highest public support as part of the submission process. A trial program for bowfishing for carp in specified inland waters was established and ran for 18 months from 4 December 2015. It was managed by issuing permits pursuant to Section 37

2 | NSW Department of Primary Industries, March 2021 Proposal to allow bowfishing for carp in inland waters of NSW of the Fisheries Management Act 1994 to allow the technique to be legally used to take carp in inland waters as part of the trial. An REF was completed along with a stakeholder endorsed risk assessment that set appropriate controls throughout the trial. A total of 200 bowfishers participated in the bowfishing for carp in inland waters trial program, who harvested more than 700 carp from 42 designated sites around the State. The independent trial review report found that: • There were no safety incidents of any nature associated with the trial. • No non-target or native species were harmed. • There were no compliance issues with any trial participants, however several offences by non-trial participants illegally bowfishing were detected over the trial period. • The trial was estimated to have contributed $0.7 million to Gross State Product (including $0.3 million in direct activity). • Interactions with other waterway users were mostly positive with negative interactions limited to disputes around public and private land boundaries at some trial locations (mainly Travelling Stock Reserves). The trial review report made the following recommendations: 1. To legislate changes in the Fisheries Management (General) Regulation 2019 to legalise the technique and potentially assist in the ongoing process of removing carp species from specified inland waters. 2. That an industry best practice guide is developed – similar to the spearfishing code. 3. To require a NSW Recreational Fishing Licence rather than a section 37 Permit, minimising perceived difficulty in access and participation.

Why the change? The Bowfishing for Carp in Inland Waters Trial Program demonstrated that bowfishing is a safe and sustainable fishing technique with the potential to contribute to rural and regional economies in NSW. As part of the changes, bowfishing in all waters in NSW other than specified inland waters and for carp will be prohibited. This is to allow adequate separation between bowfishers and other fishers and waterway users in popular coastal locations around the State. Legislation will be introduced to legalise the activity, however only in inland waters and only for carp species. The legislation will include specific clauses to ensure the activity is conducted safely and is not confused with bowhunting. The activity will require participants to pay the NSW Recreational Fishing Fee. The legislation will also prohibit bowfishing offshore, and in oceanic and estuarine waters. A NSW Bowfishing Guide will also be developed with industry to help educate bowfishers around the rules and to ensure that fish are harvested humanely and non-target species are not harmed.

3 | NSW Department of Primary Industries, March 2021 Proposal to allow bowfishing for carp in inland waters of NSW

FAQs

How will bowfishing be regulated to ensure it only targets carp and is conducted safely?

The stakeholder risk assessment established for the bowfishing trial program has been updated and used to inform the proposed legislative amendment. All participants were compliant with the rules and regulations established for the trial. Specific clauses within the amendment will ensure adequate separation between bowfishers and other waterway users, such as prohibiting the use of bowfishing equipment within: • 100 metres of a person, vehicle, vessel or dwelling that is not a part of the bowfisher’s party. • 100 metres of a boat ramp, campsite and picnic area. • 500 metres of a holiday park. Other waterway users will have right of way over bowfishers. Fisheries Officers monitor and enforce compliance of the activity under the Fisheries Management (General) Regulation 2019. NSW Police Officers are also authorised under this legislation and may participate in targeted operations to regulate the activity. DPI Fisheries has developed a detailed Regulatory Risk Assessment and compliance response for the activity, which will be implemented on commencement of the legalisation.

How will DPI ensure that bowfishing is separated from bowhunting?

A specific definition of what constitutes bowfishing equipment will be included in the legislation, as well as a clause prohibiting the possession and use of bowhunting equipment while bowfishing. Bowhunting is regulated under the Game and Feral Animal Control Act 2002, Summary Offences Act 1988 and Inclosed Lands Protection Act 1901 which are regulated by the DPI Game Licensing Unit and NSW Police.

How will fish be humanely targeted and dispatched?

The NSW Bowfishing Guide will contain detailed instructions for bowfishers on how to target carp with bowfishing equipment cleanly, quickly and humanely. It will also contain instructions on how to dispatch carp quickly when landed, in line with other . Animal Welfare agencies will also be consulted in the development of the NSW Bowfishing Guide.

How will DPI ensure that non-target native species will not be harmed?

The Bowfishing for Carp in Inland Waters Trial Program demonstrated that the activity, when undertaken during daylight hours, allows for the clear and consistent identification of carp species on or near the surface of the water. Large numbers of carp were harvested throughout the trial by over 200 participants at 42 sites around the State with no non-target or native species harmed.

4 | NSW Department of Primary Industries, March 2021 Proposal to allow bowfishing for carp in inland waters of NSW

The NSW Bowfishing Guide will contain detailed information of how to identify carp species and other non-target species. Bowfishing at night or with artificial lights will be prohibited to further ensure that native species, often active at night, are not mistaken for carp. An REF has been developed as part of the proposed changes to satisfy Part 5 of the Environmental Planning and Assessment Act 1979 for activities that may impact threatened species.

How do prospective bowfishers get involved?

At the commencement of the legislation and legalisation of bowfishing for carp in inland waters, bowfishers are advised to: • Ensure they have a current Fishing Fee Receipt. To purchase a NSW Recreational Fishing Licence go to: www.dpi.nsw.gov.au/fishing/recreational/recreational-fishing- fee). • Familiarise themselves with the legislation and the contents of the NSW Bowfishing Guide. • Complete the bowhunting module of the NSW Hunter Education Handbook and join a bowhunting or archery club that undertakes bowfishing. For more information go to: https://www.dpi.nsw.gov.au/hunting/education-and-training-for- hunters/restricted-licence-accreditation).

Reference: INT21/22847

© State of New South Wales through Regional NSW 2021. The information contained in this publication is based on knowledge and understanding at the time of writing (March 2021). However, because of advances in knowledge, users are reminded of the need to ensure that the information upon which they rely is up to date and to check the currency of the information with the appropriate officer of the Department of Regional NSW or the user’s independent advice.

5 | NSW Department of Primary Industries, March 2021