Australia’s ocean territory is vast, teeming with economic opportunity—and heavily regulated. If you’re a commercial fisher, seafood exporter, coral harvester, or aquaculture operator, you’ve likely had to navigate a maze of rules. One of the biggest questions that arises is: who exactly is in charge of managing our fisheries—the Commonwealth or the states? 

The short answer? Both.
The long answer? Let’s untangle that net. 

A Shared Responsibility: Commonwealth vs. State Powers 

In Australia, fisheries governance is a shared jurisdiction. The Commonwealth Government (federal) and the state and territory governments each have roles to play in regulating fisheries—but their reach depends largely on geography and the type of activity. 

Who manages what? 

Here’s a simplified breakdown: 

Both levels often co-manage overlapping fisheries that cross jurisdictional lines – known as joint authority fisheries. 

Understanding the Key Bodies and Legislation 

1.Commonwealth Level

At the federal level, the big players and laws include: 

• Australian Fisheries Management Authority (AFMA): 
• Manages Commonwealth fisheries under the Fisheries Management Act 1991. 
• Focused on sustainability, economic efficiency, and international compliance. 
• Department of Agriculture, Fisheries and Forestry (DAFF): 
• Oversees biosecurity, imports/exports, and broader fisheries policy. 
• Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act): 
• Ensures fisheries activities don’t threaten protected species or ecosystems. 
• Required for accreditation and exports (e.g., for WTO certification). 

2.State/Territory Level

Each state and territory has its own laws and departments. For example: 

• NSW: Fisheries Management Act 1994 (NSW DPI – Fisheries) 
• Queensland: Fisheries Act 1994 (DAF QLD) 
• Western Australia: Fish Resources Management Act 1994 (DPIRD WA) 
• Tasmania: Living Marine Resources Management Act 1995 

These agencies handle: 

• Fishing licenses and quota allocations 
• Aquaculture permits 
• Local compliance enforcement 
• Regional stock assessments and research 

The Compliance Landscape: What You Need to Know 

Regulations might vary across state lines—but enforcement is serious everywhere.  Here are some key points: 

Licensing: 

• You must have valid state and/or Commonwealth fishing or aquaculture licenses. 
• Some activities (like scallop trawling or reef line fishing) may require dual licensing depending on where you operate. 
• Quotas and Reporting: 
• Commonwealth fisheries use Quota Management Systems (QMS) to limit catches. 
• Real-time catch reporting is mandatory under AFMA’s e-monitoring and logbook systems. 
• States often require daily catch returns, vessel monitoring, and landing reports. 

Export Rules: 

• Exporting seafood? You’ll need WTO certification under the EPBC Act. 
• CITES permits may also apply (especially for corals or threatened species). 
• Biosecurity rules are enforced by DAFF and Australian Border Force. 

Sustainability Accreditation: 

• Participation in sustainability schemes (like MSC or industry codes) is increasingly expected. 
• Federal environmental assessments are conducted every five years for Commonwealth fisheries. 

Penalties for Breach: 

• Fines, license suspensions, and even criminal charges apply for breaches. 
• Both state and federal officers may conduct audits, inspections, and surveillance. 

When Jurisdictions Overlap: Joint Authority Fisheries 

This is where things get tricky. 

In joint authority fisheries, both the Commonwealth and a specific state share management duties. These require coordination and often a Memorandum of Understanding (MoU). 

Examples of joint authority fisheries: 

• Northern Prawn Fishery (NT/QLD/Commonwealth) 
• Southern Demersal Gillnet and Longline Fishery (WA/Commonwealth) 
• Scallop Fishery (Tas/Vic/Commonwealth). 

In these cases: 

• Licences may be issued by either government, depending on the MoU. 
• Regulations from both levels may apply simultaneously. 
• Industry often faces double-reporting obligations unless data-sharing systems exist. 

Tip: Always check which rules apply where you fish—assuming “it’s covered” can lead to costly mistakes. 

Aquaculture: An Increasingly Complex Patchwork 

Aquaculture is predominantly managed by the states, but there are exceptions: 

• State-managed aquaculture: covers lease approvals, site assessments, and environmental monitoring. 
• Commonwealth involvement: kicks in when aquaculture is in offshore waters (e.g., over 3nm), intersects with matters of national environmental significance (MNES), or involves export species. 

Key approvals you might need: 

• State aquaculture permit (lease, site plan, species) 
• Environmental Impact Assessment (EIA) 
• EPBC Act approval if offshore or involving listed species 
• Marine Parks Authority consultation (if operating in/near protected zones) 

Pro tip: If you plan to export farmed product—particularly molluscs or ornamental fish—make sure your facility complies with federal biosecurity standards and is listed with DAFF. 

Navigating Marine Protected Areas and Zoning 

Australia’s network of Marine Parks adds another layer of complexity. These are managed by either: 

• Commonwealth Parks (e.g., Great Australian Bight Marine Park) – managed by Parks Australia. 
• State Marine Parks (e.g., Great Barrier Reef Marine Park in QLD) – co-managed with Commonwealth bodies. 

Fishing or aquaculture in or near these zones requires special approvals, gear restrictions, and in some cases, activity bans. Always consult the park zoning maps and agencies involved. 

What This Means for You: Practical Takeaways 

With so many layers of government, how do you stay compliant? Here are some actionable strategies: 

Do This: 

• Know your zone.
  Understand where you operate—state waters, Commonwealth waters, or both. 

• Keep all licences current.
  Cross-check state and federal renewals and conditions annually. 

• Stay up to date.
  Regulations change. Subscribe to updates from AFMA, your state fisheries agency, and DAFF. 

• Use digital tools.
  AFMA e-logbooks, vessel monitoring systems (VMS), and reporting platforms streamline compliance. 

• Engage early.
  Planning to expand or start a new activity? Speak to regulators early, especially for export or offshore ventures. 

• Maintain clear records.
  Compliance isn’t just about catching the right species—it’s about proving you did. Keep good logbooks, receipts, and declarations. 

Avoid This: 

• Don’t assume state approval equals federal compliance—or vice versa. 
• Don’t skip reporting requirements, even if you’re under quota. 
• Don’t operate in new waters without checking for jurisdictional overlap. 

Future Trends: What’s on the Horizon? 

Governance is evolving. Key developments to watch include: 

• National Fisheries Plan alignment: Aiming to harmonise regulatory frameworks. 
• Offshore aquaculture legislation: The Commonwealth is considering clearer rules for aquaculture beyond 3nm. 
• Digital compliance tech: Expect increased use of AI-driven monitoring, e-catch systems, and remote surveillance. 
• Climate change impacts: New ecosystem-based rules and shifting stock boundaries may prompt new joint arrangements. 

Conclusion: Understanding the Waters You’re In 

Australia’s fisheries governance isn’t always straightforward—but understanding the split responsibilities between federal and state governments is key to staying afloat in the industry. 

Whether you’re hauling tuna off the Coral Sea, harvesting coral in the Top End, or farming barramundi off the west coast, remember: 

“Where you fish often determines what laws apply—and who’s watching.” 

By untangling this net of rules and responsibilities, you can operate confidently, sustainably, and legally in Australia’s rich marine environment.