Introduction

Wild catch fishing has always been at the heart of Australia’s seafood industry. From barramundi in the north to rock lobster in the west and abalone in the south, commercial fishers supply both local tables and global markets. The industry is worth billions, but it operates under one of the most heavily regulated frameworks in the country.

For operators, the big question is: what legal issues matter most? Knowing these issues helps businesses avoid fines, protect licences, and build sustainable futures.

Licensing and Quota Systems

Every state and territory controls access to its fisheries through licences, permits, and quotas.

• Licences: Authorise fishing in specific areas with certain gear.
• Quota allocations: Set limits on how much can be caught (e.g., tonnes of tuna or number of rock lobster pots).
• Transferability: Many licences and quotas can be bought, sold, or leased — they are valuable assets.

Legal issues:

• Breaching licence conditions can mean suspension, cancellation, or prosecution.
• Operators must comply with reporting obligations, vessel monitoring systems (VMS), and catch documentation.
• Disputes often arise over quota leasing contracts, especially if catches fall short or compliance lapses.

Indigenous Rights and Native Title

Australian courts now recognise that Indigenous peoples’ fishing rights can extend to commercial use.

• Akiba v Commonwealth (2013) confirmed that Torres Strait Islanders’ native title rights included commercial fishing.
• Native Title and cultural fishing rights continue to grow in recognition across states.

Legal issues:

• Governments may increasingly allocate Indigenous quotas, reducing the pool available to non-Indigenous operators.
• Non-Indigenous businesses may need to partner with Indigenous corporations to retain market access or community licence.
• Ignoring Indigenous rights risks litigation, delays, and reputational harm.

Employment Structures – Sharefishing

Not all fishing crews are employees. Many work under sharefishing arrangements, where pay is linked to catch.

• Crew may receive a percentage of net catch value after deducting certain costs.
• Unlike employees, sharefishers don’t receive superannuation or leave entitlements.

Legal issues:

• Poorly drafted agreements risk being reclassified as employment, triggering payroll tax, super, and workers’ comp obligations.
• Crew disputes often centre on what costs can be deducted before shares are calculated (e.g., fuel, bait, maintenance).
• Written, legally vetted contracts are essential.

Environmental and Compliance Risks

Fishing impacts the environment, and operators face strict controls to protect ecosystems.

• Bycatch reduction devices (BRDs) are mandatory in many fisheries.
• Marine parks restrict certain gear types or ban fishing altogether.
• Operators must comply with the EPBC Act when fishing interacts with listed species or habitats.

Legal issues:

• Breaches can attract heavy fines, vessel seizures, and licence suspensions.
• Increasing ESG (environmental, social, governance) expectations mean investors and buyers demand compliance evidence.

Contractual and Commercial Issues

Wild catch fishing is not just about catching fish — it’s about managing contracts.

• Quota and pot leasing agreements must clearly allocate responsibilities.
• Export contracts must cover delivery terms, payment, and dispute resolution.
• Insurance policies need to cover stock loss, vessel damage, and liability for environmental harm.

Conclusion

The wild catch sector is legally complex. The key legal issues operators must prioritise are:

• Licensing and quota compliance
• Indigenous rights and entitlements
• Crew employment structures
• Environmental obligations
• Strong contracts for leasing and exports

By tackling these issues head-on, operators can secure their licences, protect their reputations, and grow sustainable fishing businesses.