Spring is on the way, the Aussie bass are getting back on the bite, and enthusiastic anglers are starting to dust off their gear. Before the first cast of the season, it is worth checking one detail that is easy to overlook: whether you are covered by the NSW recreational fishing fee.

Most people who fish recreationally in New South Wales must pay this fee, which is commonly called a fishing licence. It applies in saltwater and freshwater, and whether you are fishing from the shore, a boat or a jetty, or collecting bait or shellfish.

Who Needs to Pay

The fee is generally compulsory for recreational fishers unless an exemption applies. Common exemptions include:

• children under 18;
• some pensioner concession holders;
• Aboriginal people fishing in accordance with cultural traditions; and
• people fishing on certain charter boats where the operator holds the required endorsement.

If you rely on an exemption, carry proof of it. A fisheries officer can ask you to show it on the spot, and being unable to produce it can turn a straightforward conversation into a fine.

What Does a NSW Fishing Licence Cost?

As at current NSW Government rates, the usual recreational fishing fees are:

• 3 days: $7
• 1 month: $14
• 1 year: $35
• 3 years: $85

Fees are set by the NSW Government and can change, so it is worth confirming the current amount with NSW Department of Primary Industries or Service NSW before you pay.

Where to Get a Licence

A NSW recreational fishing licence can usually be obtained:

• online through Service NSW or the NSW fishing fee portal;
• through the Service NSW app where available;
• from many fishing tackle shops, caravan parks, outdoor stores and other authorised agents; and
• in some cases by phone or through other NSW Government payment channels.

Carry proof of payment with you, either digitally or as a printed receipt.

What Happens if You Fish Without a Licence?

If a person is required to hold a licence and is caught fishing without one, they may receive an on the spot fine. In more serious cases the matter can go to court, where higher penalties may apply. Fisheries officers may also inspect catches, equipment, boats and receipts.

If you receive a penalty notice, you generally have options. These can include paying the fine, seeking a review, or electing to have the matter dealt with by a court. Each option carries different consequences, including the possibility of a larger penalty and legal costs if you go to court and are unsuccessful. Before making that decision, it helps to understand how the law applies to your particular circumstances.

Other Recreational Fishing Rules

A fishing licence is only one part of the rules. Recreational fishers must also follow laws about:

• size limits, meaning fish below or above certain sizes must be released;
• bag and possession limits, meaning only a set number of fish may be kept;
• protected species, which must not be taken;
• closed seasons or closed waters;
• permitted fishing gear, such as rules about nets, traps, lines and hooks; and
• fishing in marine parks, aquatic reserves, sanctuary zones and conservation areas.

Fishing in a conservation area or sanctuary zone can be particularly serious. These areas may restrict or completely prohibit fishing to protect habitats and marine life. Breaching those rules can result in substantial fines, prosecution, seizure of fishing gear or catch, and, in serious cases, court imposed penalties.

The practical takeaway is simple: rules vary by location and by species, so check the current fishing rules for the specific waters you plan to fish before you head out. The FishSmart NSW app and the NSW Department of Primary Industries website are the usual starting points.

Who Enforces the Rules?

Recreational fishing laws in NSW are mainly enforced by NSW fisheries officers. Depending on the location, enforcement may also involve NSW Police, marine park officers, National Parks and Wildlife officers, or other authorised compliance officers.

In recent years, officers have also used drones to conduct surveillance of illegal fishing hotspots. High resolution cameras can capture images of anglers, their boats and vessel registration numbers from a considerable distance.

Getting Advice

Most anglers will never need more than a receipt in their tackle box. If you do receive a penalty notice or a court attendance notice relating to a fisheries offence, though, the decisions you make early can affect the outcome. Understanding the charge, the available options and the likely consequences puts you in a better position to decide what to do next.

Remember, a bad day fishing is better than a good day working. May the fishing gods be kind to you.

This article is general information only and is not legal advice. If you have received a fine or been charged with a fisheries offence in NSW, get in touch to discuss your situation and our experienced team will explain your options in plain English.