NSW Commercial Fisheries

Administration Guide

NSW Commercial Wild Harvest Fishing Industry

Published by the NSW Department of Primary Industries

NSW Commercial Fisheries Administration Guide

First published January 2016

Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (January 2016). However,

because of advances in knowledge, users are reminded of the need to ensure that information upon which they rely is up to date and to check currency

of the information with the appropriate officer of the Department of Primary Industries or the user’s independent adviser

i NSW Department of Primary Industries, January 2016

1.1 Purpose of this guide 1

1.2 Relevant legislation 1

3.2 Conditions of a commercial fishing licence 6

3.3 Applying for a commercial fishing licence 6

3.4 Renewing a commercial fishing licence 7

3.5 Suspension or cancellation of a commercial fishing licence 8

3.6 Handing in or surrendering a commercial fishing licence 8

4.1 Types of fishing businesses in NSW 9

4.2 Sourcing a NSW fishing business or components of a fishing business 9

4.3 Transferring a fishing business or the components of a fishing business 11

4.4 Fishing Business Transfer Rules 13

7.1 Types of endorsements 21

7.2 Fishing business (endorsement) cards 21

7.3 Conditions of endorsements 22

7.3.1 Estuary General endorsements that authorise access into adjacent regions 22

7.3.2 Concessional zoning permits in the Estuary General Fishery 23

8.4.1 Boats upgraded under the ‘tuna longline upgrade policy’ 26

8.5 Special requirements for the Offshore Prawn Trawl sector 26

8.6 Applying for a fishing boat licence 27

8.6.1 New licences for use in Abalone, Lobster, Inland and SUTS fisheries 27

8.6.2 Freeze on the issue of boat licences in all other fisheries 27

8.7 Transferring a fishing boat licence 28

8.8 Attaching a boat to a commercial fishing boat licence 28

8.9 Modifying a commercial fishing boat 29

8.10 Voluntary suspension of a fishing boat licence (abeyance or “no boat”) 30

8.11 Renewing a commercial fishing boat licence 30

14.1 FisherDirect 36

14.1.2 Registering a FisherDirect agent 37

14.2 FisherMobile 37

15.1 Applying for a permit 38

Appendix 3: Register of commercial fishing licence conditions 47

Appendix 4: Register of endorsements (and codes) 48

Appendix 5: Endorsements and the activities that they authorise 50

Appendix 6: Register of endorsement conditions 53

Appendix 7: Register of ‘additional access’ endorsements 58

Appendix 8: Register of boat licence conditions 59

1 NSW Department of Primary Industries, January 2016

arrangements for commercial fisheries in NSW and has been developed for people who operate

in the NSW commercial fishing industry and anyone else who has an interest in the way it is

managed.

In particular, the guide aims to explain licensing requirements for commercial fishing activities in

NSW and the processes relevant to important administrative transactions.

Due to the complex nature of the NSW commercial fishing arrangements it is impossible to

produce a simple guide that is guaranteed to fully explain all aspects. The law and policies are

also subject to change, so anyone who wishes to fully understand all elements of the current

arrangements must not rely solely on this guide.

It should also be noted that various aspects of commercial fishing activity in NSW are subject to

• Fisheries Management Act 1994 (the Act)

• Fisheries Management (General) Regulation 2010 (the General Regulation)

• Fisheries Management (Supporting Plan) Regulation 2006 (the Supporting Plan)

• Fisheries Management (Estuary General Share Management Plan) Regulation 2006

(the Estuary General Share Management Plan)

• Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006

(the Ocean Trap and Line Share Management Plan)

• Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006

(the Ocean Hauling Share Management Plan)

• Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006

(the Abalone Share Management Plan)

Other legislation relevant to commercial fishing includes (but is not limited to):

• Marine Estate Management Act 2014

• Marine Estate Management Regulation 2009

• Marine Estate Management (Management Rules) Regulation 1999

The above legislation can be found at the NSW Government’s legislation website:

www.legislation.nsw.gov.au.

2 NSW Department of Primary Industries, January 2016

This guide sets out the administrative arrangements applying to the following commercial

fisheries:

4 NSW Department of Primary Industries, January 2016

The Share Management Fisheries regime provides fishers with a more secure fishing right than

Inland, Sea Urchin and Turban Shell, and Southern Fish Trawl fisheries. A Restricted Fishery

may be terminated, without compensation, by revoking its declaration. Fishers are not required

to pay a community contribution for their right to access a Restricted Fishery but must pay an

annual contribution towards the cost of managing the fishery.

All commercial fishers, regardless of whether operating in a Share Management Fishery or a

Restricted Fishery, must hold a current commercial fishing licence with an endorsement that

authorises the holder to undertake certain fishing activities. The boats that commercial fishers

use must also be licensed.

A permit may also be issued to a person under Section 37 of the Act to authorise some

activities. Permits are generally issued for a period of 12 months and are not transferable. In

future (e.g. more flexible share and endorsement transfer rules).

improve efficiency of licensing arrangements applicable to the NSW commercial fisheries.

The NSW Government welcomes new entrants to the NSW commercial fishing industry. New

entrants are encouraged to seek independent legal and financial advice prior to making any

financial commitments.

Matters for consideration before entering the commercial fishing industry are covered in, but not

limited to, the rules applying to the fisheries that you wish to participate in. For further

information on the rules applying to a fishery refer to the DPI commercial fishing website

(www.dpi.nsw.gov.au/fisheries/commercial/fisheries) or contact the manager for the fishery

own business

2. Become the nominated endorsement holder for a fishing business owned by another

person and work on behalf of that person

3. Work as a crew member for a licensed fisher in a fishery where crew are permitted

New entrants to the commercial fishing industry are not required to undertake specific training or

complete courses, however, before being issued with an authority all new entrants must meet

11 NSW Department of Primary Industries, January 2016

Applicants should ensure they are familiar with the Fishing Business Transfer Rules prior to

A transfer is not complete until the transfer has been approved by DPI and recorded in the Share

Register in the case of a transaction that involves shares. Applicants are encouraged not to

must lodge a completed “Application for Approval of Transfer of Components of a Fishing

Business” form and pay the relevant fees. In the case of an application to transfer Restricted

Fishery endorsements an application fee is payable, however, in the case of an application to

transfer one or more shares the fee payable is for the registration of the transaction in the Share

Register. To request an application form contact Fisheries Business Services (see Section 18.1).

Application forms can also be downloaded from the DPI commercial fishing licensing website:

www.dpi.nsw.gov.au/fisheries/commercial/licensing-forms.

Applications must be completed in full and signed on every page by both the transferor and

• The application form has not been completed in full or filled out correctly

• The application is not signed on every page by both the transferor and the transferee

• The application is not accompanied by any fees due and payable

of administration where applicable

• Stamp duty for the market value of the shares being purchased has not been paid, or the

amount paid is incorrect (relevant to share transfers only)

approval has not been obtained

Under the above circumstances DPI will contact the applicant and encourage the applicant to

rectify any outstanding matters.

If an application remains deficient and is not processed for one of the reasons above the

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Lobster shares the grounds set out in the Abalone and Lobster Share Management Plans

Except in the case of an endorsement in the Inland Restricted Fishery, if a transfer is refused the

endorsement/shareholder may request a review the decision within 30 days after notice of the

decision is given.

If the transfer of a restricted fishery endorsement is refused on grounds provided for by the

application fee for transfer of the authority.

Some additional points to note with respect to transferring shares and or endorsements include:

• If a transferee (the purchaser) owns more than one fishing business the transferee must

identify the business to which the transfer applies within the transfer application. The

shares or endorsement will then, subject to satisfying the transfer rules, become part of

that business

• The transfer of shares to a trust is not permitted under the Act

• A ‘share transmittance’, as mentioned in the Act and regulations, is the transfer of shares

in accordance with the provisions of a Will or where a Grant of Probate or Grant of

Administration has been approved by a Court

• Where stamp duty is paid and an application for transfer is refused or withdrawn, it is the

transferee’s responsibility to pursue refund of any stamp duty paid

• The additional access to specified estuaries and or beaches in adjacent regions

authorised by some Estuary General endorsements (see Section 7.3.1) is ‘transferable’

to another business owner only if:

o All shares of the relevant class are transferred as a complete package (or

alternatively the number of shares transferred is equivalent to or greater than the

minimum shareholding in place at the time)

o The transfer otherwise complies with the Fishing Business Transfer Rules

• Permits held by some Estuary General shareholders authorising additional access to

specified estuaries and or beaches up to 75km into an adjacent region are not

removed

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Fisheries Business Transfer Rules are detailed in Part 6 of the General Regulation.

The rules governing the transfer of NSW fishing authorities are different for the five different

shares and Restricted Fisheries endorsements from a fishing business, the fishing business

dissolves and a new fishing business is not issued in its place.

A fishing business with abalone or lobster shares may be transferred as a complete fishing

business to any person, partnership or corporation (including a ‘new entrant’ to the industry)

subject to:

• The foreign ownership restrictions previously outlined

• The person, partnership or corporation not already having an Abalone or Lobster fishing

business registered in the same name

transferred into that fishing business. However, if the shares are transferred to a person,

partnership or corporation that does not own a fishing business of the same type (i.e. an abalone

or a lobster business) a new fishing business will be created.

If a complete fishing business is transferred or if a shareholder transfers their last abalone or

lobster share to another fishing business owner, any quota held by the shareholder must be

transferred to the new business owner or some other person who holds shares of the same

class (i.e. quota cannot be held by a person who does not own a fishing business with the

corresponding shares).

Sea Urchin and Turban Shell (SUTS) fishing businesses generally have two endorsements, a

any other business).

Sea urchin and turban shell endorsements cannot be split from a SUTS fishing business and

transferred unless the transfer is part of an arrangement for the endorsement to be surrendered

to the Minister for cancellation.

If a SUTS fishing business is transferred to another person, partnership or corporation, any red

urchin quota held by the business owner must also be transferred to the new business owner or

some other person who owns a SUTS fishing business (i.e. quota cannot be held by a person

who does not own a fishing business with the corresponding endorsement).

14 NSW Department of Primary Industries, January 2016

‘new entrant’ to the industry or already owns a fishing business, subject to the following:

• All components of the fishing business are transferred to that person, partnership or

company, or the transfer is part of an arrangement for the endorsement to be

surrendered to the Minister for cancellation

• The transfer will not result in the transferee holding both a Class A and Class B

endorsement

• If the transfer is to an entity who already owns a fishing business with a class D

endorsement, the class D endorsement is cancelled and the associated fishing

businesses is dissolved

• If the transfer is to an entity who owns a fishing business of a different type (e.g. a lobster

• Estuary General Share Management Fishery

• Estuary Prawn Trawl Share Management Fishery

• Ocean Hauling Share Management Fishery

• Ocean Trap and Line Share Management Fishery

• Ocean Trawl Share Management Fishery

These rules cover the transfer of endorsements in the Southern Fish Trawl Restricted Fishery

the broader Ocean Trawl Fishery and some fishing businesses have both shares and a southern

consider the southern fish trawl endorsement to be a package of shares in the Ocean Trawl

Fishery. The only difference is that the southern fish trawl endorsement cannot be split up like a

package of shares.

15 NSW Department of Primary Industries, January 2016

Figure 4: Example of transfer rule 2

only be transferred to an existing fishing business if:

a) The existing fishing business already holds shares in that share class, or

b) The existing fishing business already holds shares in that fishery if transferring non-

ocean shares*, or

c) The existing fishing business already holds shares in that fishery and all shares of that

share class are being transferred, or

• All Estuary General share classes (all share class codes starting with 60)

16 NSW Department of Primary Industries, January 2016

Below are examples of each of the share transfer rules which apply to the transfer of

17 NSW Department of Primary Industries, January 2016

18 NSW Department of Primary Industries, January 2016

Minimum shareholdings apply to all classes of share in each share management fishery and are

used to determine if the shareholder (or a nominated fisher operating on behalf of the

Minimum shareholdings are actively used in some fisheries to promote adjustment (i.e. the

removal of surplus endorsements) for improved viability and resource sustainability.

19 NSW Department of Primary Industries, January 2016

20 NSW Department of Primary Industries, January 2016

Maximum shareholdings apply in all Share Management Fisheries as detailed in Table 2. If a

transfer results in the transferee exceeding a maximum shareholding for a fishery the excess

A mortgage or other third party interest in shares may be registered in respect of one, some or

all shares held by a shareholder. Once a share is mortgaged or registered as having a third

party interest, it may not be transferred or transmitted until the registered interest is discharged

(i.e. paid out) or released (permission given by the mortgagee for the transaction). To register or

release an interest in shares the shareholder or mortgagee must lodge an “Application to

fee. To request an application form contact Fisheries Business Services (see Section 17.1).

the stamp duty prior to submitting an application to register a mortgage or interest in shares.

The share register contains a record of shareholders, the shares that they hold and any share

related transactions such as transfers, mortgages or other such interests. The share register (or

an extract from the share register) is available for inspection by any interested person. To obtain

27 NSW Department of Primary Industries, January 2016

To apply for issue of a commercial fishing boat licence you must lodge a completed “Application

for Issue of a Fishing Boat Licence” form and pay an application fee. To request an application

Under the above circumstances DPI will contact the applicant and encourage the applicant to

rectify any outstanding matters.

If an application remains deficient and is not processed for one of the reasons above the

application is returned to the applicant and any application fees that may have been paid are

refunded.

The issue of a commercial fishing boat licence may be refused on grounds set out in the General

Regulation, including:

• failing to provide information required in connection with the application (such as

identifying particulars for the boat)

Minister, false or misleading in a material particular

New boat licences may be issued for a boat if the boat is to be used in the Abalone, Lobster,

Inland, or Sea Urchin and Turban Shell fisheries only. Upon issue of a new boat licence for use

in one of these fisheries, a condition will be added to the licence restricting its use to one or

more of these fisheries.

In all other fisheries a freeze on the issue of new boat licences has applied since 1984 and

continues to apply today. To acquire a boat licence for use in one of these other fisheries you

must transfer an existing fishing boat licence from another person (see Section 8.7).

The only variation to this applies in respect of a boat licence that was issued as at 5 February

2007 (or a boat licence that replaced a boat licence that was issued as at 5 February 2007) that

28 NSW Department of Primary Industries, January 2016

Fishing boat licences may be transferred to any person, company or partnership, whether or not

the owner of a fishing business. Fishing boat licences may also be transferred separate to the

To transfer a fishing boat licence the licence holder must lodge a completed ‘Application for

transfer of a Fishing Boat Licence’ and pay an application fee. To request an application form

• the application form has not been completed in full or filled out correctly

• the application form is not accompanied by any fees due and payable

• the applicant is involved with DPI in a professional sense and the Minister’s prior

approval to be issued a commercial fishing boat licence has not been obtained

Under the above circumstances DPI will contact the applicant and encourage the applicant to

rectify any outstanding matters.

If an application remains deficient and is not processed for one of the reasons above the

application is returned to the applicant and any application fees that may have been paid are

refunded.

The transfer of a fishing boat licence may be refused on the same grounds as the grounds for

refusal to issue a fishing boat licence (see Section 8.6).

If the transfer of a commercial fishing licence is refused on grounds provided for by the General

Regulation, any application fees that may have been paid are not refunded. If fees were not paid

upon application they will be invoiced to the applicant.

To attach a new boat to a licence the licence holder must lodge a completed “Application to

Change Identifying Particulars on a Fishing Boat Licence” form. There is no fee for changing the

Business Services (see Section 18.1). Application forms can also be downloaded from the DPI

The length, depth and breadth of the boat determined in accordance with the Uniform

Shipping Laws (USL) Code and appearing on the most recent survey certificate for the

boat. If the boat is not in survey or the most recent survey certificate does not contain the

required information, the length, depth and breadth of the boat must be measured by an

authorised marine surveyor in accordance with the USL code and confirmed in writing.

The length, depth and breadth is used to determine if the replacement boat complies with

the maximum length appearing on the front of the boat licence and the maximum hull

units calculated as follows:

Hull units = (Length X Breadth X Depth X 0.6)/2.83

29 NSW Department of Primary Industries, January 2016

DPI also requires information to substantiate the maximum continuous or “A” brake

The length of the boat determined in accordance with the USL Code and appearing on

Application forms will not be processed if:

• the application form has not been completed in full or filled out correctly

• the applicant fails to provide information required in connection with the application (such

as information or evidence of any identifying particulars for the boat)

application is returned to the applicant.

• the boat not complying with the maximum boat specifications set out on the front of the

licence

• the applicant has transferred their right to the fishing boat licence

A licensed commercial fishing boat may be modified provided the modifications do not result in

the boat no longer complying with the maximum boat specifications set out on the front of the

If a boat is modified and no longer complies with the maximum boat specifications set out on the

front of the boat licence, the licence may be cancelled or suspended. In most cases the licence

will be suspended until such time as the boat is modified or replaced with another boat that

complies with the maximum boat specifications.

boat appearing on the back of the fishing boat licence, the holder of the licence must lodge a

Alternatively, application forms are available on the DPI commercial fishing licensing website:

www.dpi.nsw.gov.au/fisheries/commercial/licensing-forms. There is no fee for changing the

as information or evidence of any identifying particulars for the boat)

30 NSW Department of Primary Industries, January 2016

• under the above circumstances DPI will contact the applicant and encourage the

If an application remains deficient and is not processed for one of the reasons above the

application is returned to the applicant.

be refused on grounds set out in the General Regulation, including:

must notify the Minister, in writing, of that occurrence within 30 days.

If a boat has been disposed, destroyed or lost at sea etc. and has not been replaced by a new

boat, the holder of a fishing boat licence may request that the licence be temporarily suspended.

This is also known as ‘voluntary suspension’ of a fishing boat licence or placing the boat into

‘abeyance’.

When a fishing boat licence is voluntarily suspended, a licence card is issued but no boat

particulars appear on the back of the licence card. Boat licence renewal fees remain payable

while the boat licence is in voluntary suspension.

Boat licences in voluntary suspension may also be transferred to another person.

To voluntarily suspend a boat licence the licence holder must lodge a completed “Application to

Change Identifying Particulars on a Fishing Boat Licence” form. There is no fee for changing the

identifying particulars on a fishing boat licence. To request an application contact Fisheries

form.

Application fees for renewal of a commercial fishing boat licence are invoiced as part of the

annual invoicing process and forwarded to the licence holder.

If a boat is not attached to the licence when the fees payable are calculated (1 July each year),

the renewal fee is calculated on the basis of the length of the boat last attached to the licence.

Application forms will not be processed if:

• the application form has not been completed in full or filled out correctly

• the applicant has transferred the boat licence to another person

Under the above circumstances DPI will contact the applicant and encourage the applicant to

rectify any outstanding matters. If an application remains deficient and is not processed for one

of the reasons above the application is returned to the applicant and any application fees that

may have been paid are refunded.

31 NSW Department of Primary Industries, January 2016

If an application for renewal of a commercial fishing boat licence is received after the expiry date

If a licence holder indicates on the renewal application form that they do not wish to renew the

licence, the fishing boat licence will lapse on expiry.

Renewal of a commercial fishing boat licence may be refused on grounds set out in the General

identifying particulars for the boat)

• making a statement in connection with the application that is, in the opinion of the

Commercial fishing boat licences may be suspended or cancelled if:

opinion of the Minister, false or misleading in a material particular

• the boat has been seized

• the holder of the licence has transferred their right to the licence

Prior to any suspension or cancellation the holder of the licence is provided an opportunity to

response is received, the licence is automatically suspended or cancelled.

If a licence is suspended:

• the licence holder continues to accrue any fees or charges payable in respect of the

licence and those fees and charges become due and payable just as they would if the

If a licence is cancelled:

• the licence holder is asked to return the licence to DPI

• any application fees that have been paid are not refunded

32 NSW Department of Primary Industries, January 2016

information on the use of crew or taking fish with the assistance of others refer to the relevant

33 NSW Department of Primary Industries, January 2016

assistance.

www.dpi.nsw.gov.au/fisheries/commercial/licensing-forms.

34 NSW Department of Primary Industries, January 2016

o Being registered as an eligible fisher does not by itself authorise a person to take

o If a person is to be nominated in respect of a fishing business with an Abalone or

a Lobster endorsement the person cannot already be nominated in respect of

commercial fishing activities without an appropriate endorsement or if otherwise operating

shares held in that business.

The department is also in the process of introducing a quota management system for Spanner

Crabs taken by fishers with Ocean Trap and Line Spanner Crab (Northern Zone) endorsements.

It is expected that this quota system will commence 1 July 2015.

35 NSW Department of Primary Industries, January 2016

For further information on the transfer of quota refer to the Abalone or Lobster Share

To transfer quota you must lodge a completed “‘Application to Transfer Quota”’ form and pay an

application fee. To request an application contact Fisheries Business Services (see Section

They include application fees for certain transactions (e.g. application or renewal of a

commercial fishing licence), research levies, management charges and community

company, a company extract (no more than 1 month old) that specifies the person or persons

36 NSW Department of Primary Industries, January 2016

Alternatively, if you have a FishOnline account and/or are the authorised agent for that account

If a fishing authority, including a commercial fishing licence, fishing boat licence, fishing business

card or a section 37 permit, has been lost, misplaced, damaged or stolen, a replacement

authority may be issued. To be issued a replacement authority you must lodge a completed

www.dpi.nsw.gov.au/fisheries/commercial/licensing-forms

FishOnline is a web based system for administering commercially related fishing activity. The

system is used for all business related transactions and catch and effort reporting.

FisherDirect is an online system available for use by fishing business owners, fishers, fishing

range of online services associated with:

• catch and effort reporting

• appointment of agents

• posting of advertisements on the for sale and trade notice board

to view and pay invoices online using a credit card through a secure gateway.

Form”. There is no application fee associated with this form. To request an application form

• you are a natural person

• you are:

o the holder of a current NSW commercial fishing licence, and/or

o the holder of a current NSW commercial fishing boat licence, and/or

o the owner of a current NSW fishing business, and/or

o the holder of a NSW section 37 permit authorising commercial fishing activities,

o an appointed agent acting on behalf of one, or more of the above holders (see

Section 14.1.2)

If an application does not meet the above criteria DPI will contact the applicant and encourage

the applicant to rectify any outstanding matters. If an application remains deficient and is not

processed for one of the reasons above the application is returned to the applicant.