The Western Rock Lobster Fishery in Western Australia is currently managed under the Fish Resources Management Act 1994 (FRMA). Various subsidiary legislation under the FRMA include the Fish Resources Management Regulations 1995, Management Plans, Notices and Orders and CEO Notices and Determinations. Other Acts provide additional powers for the regulation of fishing. To understand all ‘rules,’ it is important to consider all types of subsidiary legislation that may apply as well as all relevant Acts. The detailed operational rules for regulation of the limited entry commercial west coast rock lobster fishery are detailed within the West Coast Rock Lobster Managed Fishery Management Plan 2012 assisted by the Fish Resources Management Regulations 1995.

The Management Plan describes the fishery, procedures for amendment of the plan, authority to fish, conferral of entitlements, licencing requirements, fees, capacity of the fishery for the 3 zones of the fishery and rules for the management, transfer and use of entitlement to fish linking the managed fishery licence to units of entitlements as pots and through assigned capacity to quota of catch individually and at a fishery fleet level, the annual total allowable commercial catch for the fishery. Rules covering fishing operations, the responsibility of masters of licenced fishing vessels re holding, consignment and reporting of rock lobster catches, prohibitions and offences, all to ensure compliance with and giving effect to quota management of the fishery and orderly regulation of the commercial rock lobster fishery.

The Fish Resources Management Regulations 1995 provides further rules governing rock lobster fishing operations covering pot designs, specific protections for female and under size rock lobster as well as specific controls to minimize the impact of rock lobster fishing gear on protected fauna of Australian sea lions and whales. Understanding all the specifics of both the Regulations and the Management Plan is necessary for any person operating or investing in this, Australia’s most valuable commercial rock lobster fishery.

The Management Plan and Regulations effectively through compliance provide effectively the legislative operational rules for fishing by the commercial and recreational fishing sectors, limiting the total catch of rock Lobster harvested by each sector. The legislation and policy settings being continually reviewed and adjusted through the management plan, based on advice from research, experience of participating stakeholders through consultative arrangements under stewardship of Government and DPIRD, as influenced through community values. The outcomes delivered ensuring resource sustainability within a broader policy context of annual quota management, a defined harvest strategy, policies on resource sharing and maximising economic yield for industry cognise of markets, supply chain influences, costs, geopolitical settings and changing environment and uses within the marine domain

Attention is also drawn to the pending future full proclamation of the Aquatic Resource Management Act 2016 (ARMA) and Aquatic Resource Management Regulations 2023 later this year replacing the FRMA and associated Regulations. Importantly the existing West Coast Rock Lobster Managed Fishery Management Plan 2012 will continue under the saving provisions of ARMA and remain so and will continue to apply (and amended as existing changes in the plan are required). This will remain the case until the West Coast Rock Lobster Managed Fishery is brought under the provisions of Part 3 of ARMA and the existing Management Plan is replaced.