Introduction

Western Rock Lobster is Australia’s most valuable fishery, generating over $400 million annually. For Indigenous communities, crayfish is not just a commercial product — it is part of cultural heritage and diet. Yet many communities are effectively locked out of the fishery due to high entry costs and tight quota systems.

This raises the question: what legal considerations apply to Indigenous crayfish quota allocations in WA?

Legal Foundations

• Akiba v Commonwealth (2013) confirmed that native title includes commercial fishing rights.
• WA fisheries law allows for quota allocation and leasing, but the system is highly competitive.
• Indigenous communities have lobbied for dedicated allocations, citing cultural and economic exclusion.

The Challenges

• Quota Scarcity: The WA rock lobster fishery is fully allocated.
• High Costs: Licence and quota units sell for millions, pricing out Indigenous groups.
• Regulatory Barriers: Approvals are complex, requiring compliance with biosecurity and sustainability rules.

Legal Pathways for Indigenous Access

• Government Allocation: Advocating for a fixed Indigenous quota share (e.g., 1–2% of TAC).
• Quota Leasing: Leasing pots or units from licence holders.
• Joint Ventures: Partnering with established operators to build skills and share profits.
• Policy Reform: Engaging with ministers to develop Indigenous-specific licensing streams.

Key Contract Considerations

When Indigenous groups lease quota or form JVs, contracts must cover:

• Catch entitlements and how profits are distributed
• Compliance responsibilities, including reporting and gear limits
• Termination rights if obligations are breached
• Transparent benefit-sharing to avoid internal disputes

Risks to Manage

• Misclassification of Indigenous rights as “cultural only,” excluding commercial potential.
• Breaches of compliance rules that risk suspension of licences.
• Governance disputes within Indigenous corporations over revenue and benefit distribution.

The Way Forward

• Governments should commit to Indigenous quota allocations in high-value fisheries like rock lobster.
• Industry should embrace joint ventures and sharefishing models.
• Indigenous corporations should strengthen governance and compliance capacity.

Conclusion

Indigenous communities in WA deserve fair access to the rock lobster industry. The law already recognises their commercial rights — now policy and practice must catch up. With clear contracts, fair quota allocations, and strong governance, Indigenous crayfish fishing can flourish as both a cultural right and a commercial opportunity.