Do sole traders need to hold AFMA Commonwealth fishing permit?

Only if a further fact applies. Looking in the 2 industries it can reach and every size band, the engine's answer for a sole trader is: only if a further fact applies.

Do businesses with 1–5 employees need to hold AFMA Commonwealth fishing permit?

Only if a further fact applies (1–5 employees, turnover $100K–$1M).

When is "Hold AFMA Commonwealth fishing permit" due?

Concession held before fishing and conditions complied with for each season. VMS on at all times. Logsheets completed during the trip and original logsheets returned to AFMA within 3 calendar days of the trip ending (with the catch disposal record in quota fisheries). E-logs required for operators fishing 50 or more days in the current or previous season, those with electronic monitoring, and line fishers in the Eastern and Western Tuna and Billfish fisheries.

Who must hold AFMA Commonwealth fishing permit?

The applicability test for Hold AFMA Commonwealth fishing permit (AFMA), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Only if

Applies only if you fish commercially in a Commonwealth-managed fishery. Whether it applies turns on a fact that no industry, structure or size settles on its own.

What the obligation is

Commercial fishing in Commonwealth waters requires a permit + observance of quotas.

Commercial fishing in Commonwealth-managed fisheries is authorised by Commonwealth fishing concessions (statutory fishing rights, fishing permits and quota) issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. AFMA publishes the concession holders and the general and SFR conditions for each fishery, from the Southern and Eastern Scalefish and Shark Fishery and Northern Prawn Fishery to the tuna, sub-Antarctic and Torres Strait fisheries, and sets a total allowable catch for each quota species each season. Concession conditions carry the operational monitoring duties. A type-approved vessel monitoring system (VMS) must be fitted and working on every boat nominated to a Commonwealth concession at all times, even in port or when fishing under a state permit, and may be switched off only with AFMA's prior written approval. Logbooks are required in all Commonwealth fisheries, operators must carry an AFMA observer when requested, and quota fisheries are subject to within-season quota reconciliation.

The applicability test

Applies only if you fish commercially in a Commonwealth-managed fishery. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Holders of Commonwealth fishing concessions (statutory fishing rights, permits and quota), the boats nominated to them, and skippers responsible for fishing operations, who must be registered as authorised agents where they are not the concession holder.

What triggers it: Commercial fishing in a Commonwealth-managed fishery, including the Australian Fishing Zone and high seas fisheries managed under international arrangements, or nominating a boat to a Commonwealth concession.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (2 of 35: only if a further fact applies; 33 of 35: no).

Industry	Answer
Agriculture, forestry & fishing	Only if a further fact applies
Maritime & ports	Only if a further fact applies
No	33 other industries

Business structure and size

Structure does not change the answer in the 2 industries it can reach: for every structure the answer is "only if a further fact applies".

Size does not change the answer in the 2 industries it can reach: at every size band the answer is "only if a further fact applies".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
Pty Ltd company in agriculture, forestry & fishing with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you fish commercially in a Commonwealth-managed fishery.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has industry: Maritime & ports / Agriculture, forestry & fishing. It then applies only if you fish commercially in a Commonwealth-managed fishery. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

When due: Concession held before fishing and conditions complied with for each season. VMS on at all times. Logsheets completed during the trip and original logsheets returned to AFMA within 3 calendar days of the trip ending (with the catch disposal record in quota fisheries). E-logs required for operators fishing 50 or more days in the current or previous season, those with electronic monitoring, and line fishers in the Eastern and Western Tuna and Billfish fisheries.
Frequency: Ongoing
Evidence to keep: Current concessions and the fishery's general or SFR conditions; boat nominations; VMS type-approval and any Temporary Switch Off approvals; logbooks or e-logs and retained duplicate logsheets; catch disposal records; quota holdings and reconciliation records; observer placement records; authorised agent registrations.
Status: Current
Priority: High

Penalty for not complying

Maximum penalty: Failure to have a working VMS is an offence. Compliance with concession conditions, logbook, observer and quota requirements is monitored through AFMA's domestic compliance program, satellite monitoring of fishing boats and compliance inspections.

Criminal liability

Breaches can be prosecuted as criminal offences, not only civil contraventions.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Where it sits in the corpus

Rules Mate tracks 1 published obligation tagged "fisheries", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority and carries criminal liability, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Australian Fisheries Management Authority.

AFMA: Federal regulator of Commonwealth-managed fisheries — concessions, quotas, observers.

Australian Fisheries Management Authority

Fisheries Management Act 1991: Federal regulation of Commonwealth-managed fisheries via AFMA.

Fisheries Management Act 1991

Free tools that help with this obligation:

Compliance calendar builder

Run the compliance journeyAnswer a short questionnaire about your business and get the obligations that apply to you, with the reason each one applies.

Questions

Who must hold AFMA Commonwealth fishing permit?: Applies only if you fish commercially in a Commonwealth-managed fishery. Whether it applies turns on a fact that no industry, structure or size settles on its own.
Do sole traders need to hold AFMA Commonwealth fishing permit?: Only if a further fact applies. Looking in the 2 industries it can reach and every size band, the engine's answer for a sole trader is: only if a further fact applies.
Do businesses with 1–5 employees need to hold AFMA Commonwealth fishing permit?: Only if a further fact applies (1–5 employees, turnover $100K–$1M).
When is "Hold AFMA Commonwealth fishing permit" due?: Concession held before fishing and conditions complied with for each season. VMS on at all times. Logsheets completed during the trip and original logsheets returned to AFMA within 3 calendar days of the trip ending (with the catch disposal record in quota fisheries). E-logs required for operators fishing 50 or more days in the current or previous season, those with electronic monitoring, and line fishers in the Eastern and Western Tuna and Billfish fisheries.

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.