Introduction

Recent marine-protection declarations along Australia’s coastlines are reshaping the regulatory landscape for commercial fishing and aquaculture. For operators, Indigenous persons with sea-country rights, and advisers alike, it is vital to understand what these declarations cover, how they impact commercial and cultural fishing/aquaculture activity, the legal implications, and what courses of action (or challenges) may arise.

What is the Declaration & What it Covers

Several key declarations and management plan changes apply. Highlights include:

• The 30 by 30 Ocean Protection Initiative announced by the federal government: Australia will aim to declare 30% of its ocean territory as “highly protected” zones by 2030, meaning no extractive activities (including fishing, drilling, mining) in those zones. (The Guardian)
• The South‑east Marine Parks Network Management Plan (Commonwealth waters off Tasmania, Victoria, South Australia and sub-Antarctic) came into effect from 13 February 2025. It introduces new zoning rules, including expanded sanctuary (no-take) zones, restrictions on certain fishing gear, and changed permissions for commercial fishing and aquaculture. (parksaustralia.gov.au)
• The Exmouth Gulf Marine Park announced by the Western Australian government (September 2025) to cover a large stretch of coastline adjacent to the Ningaloo Reef, with approximately 30% of the park to be designated as “no-catch” sanctuary zones. (ABC)
• At the state level, for example in Queensland, the Fisheries Declaration 2024 (an amendment to regulated waters declarations) changes the definitions of regulated waters, prohibited periods, and affected species (e.g., coral-reef fin fish, snapper, pearl perch). (parliament.qld.gov.au)

What the declarations typically cover:

• Geographical extent and zoning (areas where extractive activities are restricted or prohibited)
• The types of activities affected (commercial fishing, aquaculture leasing, extraction, gear/vehicle usage)
• Temporal restrictions (seasonal closures, spawning protection periods)
• Reporting and compliance obligations (permits, monitoring, gear controls)
• Transitional arrangements and assistance programs for affected commercial operators (parksaustralia.gov.au)
• Recognition of Indigenous sea-country and cultural heritage rights (in some cases)

What It Means for Commercial Fishing & Aquaculture

For commercial fishing and aquaculture operators, the implications are significant. Key points:

• Reduced or restricted fishing access – No-take (sanctuary) zones mean commercial fishers may lose access to historically important areas (or have to cease operations in that zone). E.g., the South-east Network Management Plan has zone changes that “prohibit the use of certain fishing gear types” for commercial fishers. (australianmarineparks.gov.au)
• Aquaculture leasing and expansion may be affected – Zoning may limit where new leases can be granted, or impose additional environmental/biosecurity conditions. For aquaculture in Commonwealth waters, approvals under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) may be triggered. (Department for Agriculture)
• Gear, timing and species restrictions – Declarations may prescribe seasonal closures (for spawning), restrict certain fish or crustacean species, and set tighter possession/gear rules. Example: in Queensland, changes to snapper and pearl perch regulated waters. (parliament.qld.gov.au)
• Greater regulatory burden and monitoring – Operators may need to apply for new permits, comply with stricter zoning conditions, monitor vessel movements (electronic or otherwise) and engage with consultations or reviews. The Fisheries Assistance program for impacted fishers in the South-east Network covers this. (australianmarineparks.gov.au)
• Transition/compensation frameworks – Where commercial fishers lose access or rights due to zoning change, government assistance may be offered (grant programs, monitoring gear funding etc.). But eligibility criteria may apply, and commercial viability may still be affected.
• Market/competitive impacts – Reduced access may increase costs, reduce allowable catch, shift effort to other areas (possibly increasing competition and cost burdens), or push some operations to become economically unsustainable.

Legal Implications

The declarations entail a number of legal dimensions. For commercial operators and advisers these include:

• Statutory compliance – Operators must ensure their activities align with zoning, gear, species and timing restrictions under the relevant management plan and legislation (e.g., Fisheries Management Act 1991, EPBC Act). (Department for Agriculture)
• Permit/licence risk – New zones may mean licences or permits must be amended, or new approvals sought (especially for aquaculture). Failure may mean voiding of commercial rights.
• Enforcement and penalties – Fishing or aquaculture in prohibited zones (or using disallowed gear) may incur fines, suspension of licences, confiscation of catch or equipment, or other enforcement actions by agencies such as Australian Fisheries Management Authority or state fisheries authorities. (australianmarineparks.gov.au)
• Contractual / investment risk – Operators or aquaculture lessees may face stranded assets if zoning changes restrict access, affecting financing, contracts, bank security or lease values.
• Environmental assessment obligations – For aquaculture expansion, or operations adjacent to no-take zones, there may be obligations under EPBC Act or state environmental legislation to assess impacts to protected species/habitats.
• Native title / cultural rights intersection – For Indigenous persons and organisations, changes to marine parks may affect traditional rights and interests; legal obligations may arise under the Native Title Act 1993 and related frameworks.
• Review and challenge rights – Decisions about zoning, permit refusals or amendments may be reviewable by way of administrative law or judicial review in certain contexts (depending on jurisdiction).

Legal Courses of Action & Considerations (Especially for Indigenous Persons)

For those affected — including Indigenous persons, companies holding sea-country rights or aquaculture licences — the following legal courses and considerations arise:

• Engagement in consultation processes – When management plans or zoning changes are proposed (e.g., draft South-east Network Plan), there is often a statutory consultation window. Indigenous persons and communities should ensure their views are included, especially where cultural sea-country interests arise. (ABC)
• Native title / Indigenous rights assessment – Indigenous organisations should assess whether changes impinge on native title, traditional use rights or Aboriginal heritage rights. They may need legal advice on negotiating Indigenous Land Use Agreements (ILUAs) or cultural heritage management plans.
• Review of licences and leases – Reviewing existing licences/leases for aquaculture or commercial fishing to ascertain whether zoning changes or management plan amendments affect their rights, including transitional provisions.
• Compensation or assistance claim – Where commercial access rights are materially impacted, affected persons may seek to engage with assist-programs (e.g., the South-east Fishing Business Assistance Program). For Indigenous enterprises, combining business support with cultural-heritage support may be relevant. (australianmarineparks.gov.au)
• Administrative or judicial review – If a decision to refuse a permit or to impose stricter restrictions lacks process, fairness or proper consultation, impacted parties may consider review of that decision under administrative law.
• Strategic restructuring – Indigenous corporations, joint ventures or enterprises may need to restructure operations (e.g., shift to allowed zones, alter gear, pivot to aquaculture within permitted areas) to maintain viability under new zoning.
• Contractual renegotiation – Indigenous enterprises in partnership with commercial operators should review contracts to ensure risk allocation accounts for zoning or regulatory change; negotiate termination or compensation clauses.
• Cultural heritage protection and co-management agreements – Marine park declarations increasingly involve joint-management frameworks with Traditional Owners. Indigenous persons should engage early to protect cultural interests, possibly secure roles in management, monitoring or benefit-sharing. For example in Exmouth Gulf Marine Park the WA Government referenced joint-management with Traditional Owners. (ABC)

Key Takeaways

• The shift towards greater marine protection means commercial fishers and aquaculture operators need to proactively review zoning, licensing and business models.
• Indigenous persons and communities have specific opportunities and risks: access rights may change, but there are also pathways to co-management, cultural recognition, and business innovation.
• Legal risk is real: breaches of zoning/gear rules, failure to adapt or participate in consultation processes can lead to loss of rights, financial loss, or enforcement action.
• Early engagement, legal and commercial review, strategic adaptation and participation in consultation and Indigenous-sea-country frameworks are essential.
• For advisers and legal practitioners, the intersection of marine park zoning, fisheries regulation, native title and business structuring is becoming more important in the seafood and aquaculture sector.