The Fisheries Management Act 1994 provides for the management of recreational charter fishing boat activities by the issuance of a recreational charter fishing boat licence. This licence may be issued to applicants, as prescribed under S127C(1) of the Act, who meet the specified eligibility criteria. Applicants, depending on how they meet the eligibility criteria, may be granted either a transferable or a non-transferable recreational charter fishing boat licence.
The licence does not authorise charter fishing other than in accordance with the conditions of the charter fishing boat licence. Licences may be renewed annually, upon payment of the prescribed fee.
Licences, whether transferable or non-transferable, may be endorsed, as a condition of the licence, to conduct guided recreational charter fishing activities in one or more of the four charter fishing categories:
To operate a recreational charter fishing boat in the marine and estuarine charter fishing boat sector operators must possess a recreational charter fishing boat licence for that boat.
A person who has a recreational charter fishing boat registered in his or her name, or which is leased for the purpose of conducting guided recreational charter fishing activities, should have submitted an application for a transferable or non-transferable recreational charter fishing boat licence.
Applications for either a transferable or a non-transferable recreational charter fishing boat licence were required on a form approved by the Minister.
An application for the gaining of a recreational charter fishing boat licence, or the renewal of an existing licence, may be refused if:
Depending on how the eligibility criteria are met either a transferable or a non-transferable licence may be issued.
To obtain a transferable recreational charter fishing boat licence, with approved endorsement(s), the following eligibility criteria must have been met for each boat for which a licence was sought. Applications for a transferable charter fishing boat licence have been refused when the applicant was unable to prove:
Evidence in support of the eligibility criteria was required and must have included audited receipts of operation and/or charter fishing boat logbook or daybook entries, NSW Waterways Authority survey registration documentation, and other evidence of operations in NSW waters, including advertising and/or promotional material supporting claimed charter fishing operations.
To obtain a non-transferable recreational charter fishing boat licence, with approved endorsement(s), the following eligibility criteria must have been met for each boat for which a licence was sought.
Applications for a non-transferable charter fishing boat licence have been refused when the applicant was unable to prove:
Evidence in support of the eligibility criteria was required and must have included audited receipts of operation and/or charter fishing boat logbook or daybook entries, NSW Waterways Authority survey registration documentation, and other evidence of operations in NSW waters, including advertising and/or promotional material supporting claimed charter fishing operations.
Only holders of a transferable recreational charter fishing boat licence are allowed to transfer that licence from one recreational charter fishing boat to another boat, by making application to the Minister for Primary Industries.
Holders of non-transferable recreational charter fishing boat licences cannot transfer such licences from one recreational charter fishing boat to another boat.
An applicant for either a transferable or a non-transferable recreational charter fishing boat licence who feels they have reason to appeal against a decision in relation to their eligibility for such a licence, or the endorsements allocated to that licence, has two avenues of appeal.
Please contact NSW DPI on (02) 4424 7414 for further information regarding charter boat licensing arrangements in NSW.