Fisheries Management Act 1991

Key Rules

• Driftnet fishing is banned everywhere for Australians and in Australian waters for everyone — driftnets longer than 2.5km are prohibited due to their environmental damage.
• Certain species are protected: Black cod and marlin cannot be commercially taken. Marlin can be caught recreationally.
• Management Plans: AFMA must create management plans for fisheries, with public consultation. These plans set catch limits, fishing methods, and conservation measures.
• Ecological sustainability is front and centre: Decisions must apply the precautionary principle — meaning if there's a risk of serious environmental harm, you act to prevent it even if the science isn't 100% certain. Future generations' access to healthy fish stocks must be considered.
• International obligations: Australia's fishing rules must comply with international treaties, including rules about high-seas fishing and protecting whale species.
• State/Territory laws: This federal Act overrides state fishing laws in offshore Commonwealth waters, but states still govern their own coastal waters (generally within 3 nautical miles of shore).

What Happens If You Break the Rules?

Serious breaches carry significant financial penalties — up to 2,500 penalty units (currently around $825,000) for corporations engaging in banned driftnet fishing. Many offences are strict liability, meaning you can be guilty even without intending to break the law — if you did the act, you're responsible.

The Bottom Line

If you fish commercially in Australian waters or as an Australian on the high seas, this law governs virtually everything you do — from the licence you hold, to what you can catch, how much, with what gear, and what records you must keep. If you fish recreationally, you're largely outside this law's reach unless a specific plan targets your area or species.