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Policy

Developmental Fishing Policy

Version 4

1 Policy statement

A developmental fishing activity is any activity directed at commercially harvesting fisheries

resources in a manner that is not currently permitted under the existing regulatory framework.

The primary purpose of a developmental fishing activity is for the proponent to gather sufficient

information on the activity in question to allow the Department of Agriculture and Fisheries and

(DAF) to make an informed decision on if the proposed activity should be allowed in the first

instance, or once the activity has been undertaken if it should be allowed to continue and if so how.

Developmental fishing activities may include, but are not limited to:

– The targeting of a species (or multiple species) which may not be considered as being fully utilised by an existing Queensland commercial fishery;

– The use of a new or modified type of fishing apparatus;

– The exploration of new areas for fisheries resources; or

– A combination of the aforementioned activities.

This policy outlines the process associated with establishing a developmental fishing activity, the

authorities under which a developmental fishing activity may be undertaken, the process

associated with transitioning a developmental fishing activity to a formally regulated activity and the

responsibilities of applicants and DAF in regards to this process.

The purpose of the process is to ensure that developmental fishing activities are undertaken with

all costs borne by the proponent. The conduct of all developmental fishing will be undertaken in

such a manner that will allow DAF to make an informed decision on whether an activity should be

allowed to continue in the longer term. In order for an activity to be considered suitable to continue

into the future, the proponent must demonstrate to DAF that the activity is:

– Ecologically sustainable;

– Economically viable; and

– Socially acceptable.

This policy does not cover proposals to establish aquaculture operations.

Developmental Fishing Policy Version 4, May 2015 ,

© State of Queensland, Department of Agriculture and Fisheries, 2015.

2 Background and context

Queensland’s commercial fisheries operate in an environment of constant change that is driven by

variations in the natural environment or market factors (e.g. value of the Australian dollar, fuel

prices, cost of imported or substitute products). Many commercial fishers rely upon operating in

several commercial fisheries in order to remain viable when these factors become less favourable

in one fishery.

All of Queensland‘s commercial fisheries are limited entry and DAF does not issue new

commercial fishing boat licences. Interested parties wanting to participate in a commercial fishery

must first lease or buy a commercial fishing boat licence from an existing holder. The current

management regimes for many of Queensland’s commercial fisheries offer little scope to explore

the potential benefits that may be derived from significant changes in operational behaviour. On

the other hand, introducing wholesale changes to an existing commercial fishery, or allowing for a

new commercial fishery, could lead to unforeseen impacts upon the sustainability of fisheries

resources or conflict with other resource stakeholders.

In order to allow for innovations in fishing practices to be explored more thoroughly or for the

potential opportunities of new fisheries to be canvassed, DAF offers interested parties the avenue

of pursuing such ideas through the developmental fishery process. The developmental fishery

process allows commercial fishers to explore the practicality of their ideas at their own cost,

providing DAF with sufficient information on an activity to determine whether it is likely to be

sustainable, economically viable and socially acceptable in the long term.

3 Scope

To allow commercial fishers to explore the potential of currently non-commercial species (in either

an existing or a new fishery) or possible alternate fishing practices, this policy establishes a

process that will:

Outline the information requirements which must be satisfied by a party wishing to apply to

undertake a developmental fishing activity;

Allow DAF to consider an application and determine if a General Fisheries Permit for a

fisheries management trial or Developmental Fishing Permit for a proposed activity should

be issued;

Allow the DAF to determine appropriate conditions under which a developmental fishing

activity will be required to operate;

Inform applicants that certain approvals may be required from other government agencies

prior to any permit for a developmental fishing activity being issued;

Give adequate consideration to the concerns and roles of other government agencies;



Establish an appropriate data collection and monitoring regime, at the cost of the

proponent, that will allow an assessment of the sustainability and economic viability of a

developmental fishing activity to be undertaken throughout and at the conclusion of the trial

period;

Establish a review process to assess whether a developmental fishing operation is

complying with established conditions and is operating in a sustainable fashion;

Ensure that operations conducted under a permit issued for a developmental fishing activity

do not result in undue impacts upon the ecosystem or any protected species;

Require a formal assessment of all information gathered in relation to a developmental

fishing activity in order to determine whether the operation could potentially be sustainable,

economically viable and socially acceptable in the long term;

Establish a process that will allow DAF to consider the social ramifications associated with

a developmental fishing activity in determining whether such an activity should be allowed

to be undertaken;

Outline the process to be used in considering whether to formalise the arrangements

associated with a developmental fishing activity (for example, the establishment of a new

commercial fishery or allowing the use of particular type of fishing apparatus etc).

4 Abbreviations, acronyms and definitions

Developmental Fishing Activity

A developmental fishing activity is any activity directed at commercially harvesting fisheries resources in a manner that is not currently permitted under the existing regulatory framework.

Developmental Fishing Activity Assessment Panel

The Developmental Fishing Activity Assessment Panel (the Panel) is an internal panel established by DAF that is responsible for considering and reviewing all aspects of applications for and operations conducted under permits for developmental fishing activities. Persons who possess relevant expertise from outside of Government may also be invited to provide input into discussions relevant to developmental fishing activities. The role of the Panel is discussed further in Section 6 of this policy.

Developmental Fishing Permit

A Developmental Fishing Permit is a class of permit issued by DAF that is intended to allow the permit holder and DAF to determine the long term viability of a developmental fishing activity prior to establishing formal management arrangements for that activity.

Fisheries Management Trial A trial for the management of fisheries under which the chief executive authorises fishing for a commercial purpose in a stated area and for a stated period for the purpose of conducting the trial.

General Fisheries Permit A General Fisheries Permit is a class of permit that allows the holder to engage in an activity that would otherwise contravene fisheries legislation.



5 Key principles

The following sets out the key principles of this policy:

Principle 1: Ecological sustainability

Ecological sustainability of fisheries resources and the ecosystems on which they depend

is paramount.

Regardless of any potential benefits that may be derived from allowing an activity to occur,

maintaining the sustainability of fisheries resources and the ecosystems on which they depend will

be DAF’s highest priority. Consequently the onus is on the applicant to demonstrate that an activity

will be or is being undertaken in an ecologically sustainable fashion. Where there is doubt that this

is the case, DAF may not issue a permit for a developmental fishing activity or, in cases where a

permit has been issued, may decide to revoke the permit.

Principle 2: Costs are to be met by the permit holder

Costs associated with the developmental fishery are met by the permit holder

In addition to the costs associated with preparing an application and assessment fees, if a permit is

issued for a developmental fishing activity the holder will be responsible for costs associated with

the fishing activity. This may include cost associated with annual reviews, the collection and

analysis of information or monitoring, observer requirements, control and surveillance activities.

Applicants will need to demonstrate that they have the necessary resources/capital to undertake

the proposed developmental fishing activity.

Principle 3: The onus is placed upon the applicant

It is the responsibility of the applicant to provide the information required for an application

to be considered.

Under this policy an applicant seeking to undertake a developmental fishing activity will have to

carry out the necessary investigative work to support the proposal themselves. All costs associated

with gathering the required information for the application, submitting the application, monitoring

and assessment of fishing activities and any associated consultation are to be met by the

applicant. Unless the applicant can adequately demonstrate that an activity will be ecologically

sustainable and not result in undue conflict with other resource users, DAF will not issue a permit,

or at the expiry of the permit, allow the activity to continue. The information that must be provided

for an application to be considered is discussed further in Section 6.2.

Obtaining any relevant approvals or permits from other government agencies is also the

responsibility of the applicant. This is discussed further in Section 6.6.

Principle 4: One at a time access for developmental fishing activities



DAF will only issue one permit for a particular developmental fishing activity or species

group at a time.

Once an application for a particular developmental fishing activity has been received, DAF will not

consider any other applications for similar activities until the initial application has been assessed.

This will be the DAF’s default approach unless the Developmental Fishing Activity Assessment

Panel (the Panel) established by DAF to consider applications for developmental fishing activities

determines that more than one permit allowing a developmental fishing activity to be undertaken

should be issued. If any other applications are considered and permits subsequently issued, these

permits will have the same expiry date as the permit issued to the initial applicant. This is to

facilitate a timely decision on future arrangements for any developmental fishing activity.

Persons wishing to lodge an application to establish a developmental fishing activity should contact

DAF before doing so in order to ascertain whether applications are under consideration or have

been issued for a certain developmental fishing activity.

Principle 5: Economic viability must be demonstrated

The economic viability of a developmental fishing activity must be demonstrated.

In order for a developmental fishing activity to be considered for establishment as a formally

regulated fishing activity, economic viability must be demonstrated. For this reason, DAF will

require applicants to provide the necessary information to allow for such consideration.

Principle 6: Undue stakeholder conflict is to be avoided

Any proposal for a developmental fishing activity that is likely to significantly affect the

enjoyment of a fisheries resource or ecosystem by other stakeholder groups may not be

supported.

The Queensland Government advocates the enjoyment of the fisheries resources and ecosystems

by all Queenslanders. It is for this reason that, any application for a developmental fishing activity

that may adversely impact upon the use of these resources by other stakeholders may not be

supported.

6 Responsibilities and accountabilities

6.1 Initial inquiries regarding developmental fishing activity

Persons considering pursuing a developmental fishing activity are advised to contact DAF as an

initial step. DAF will be able to inform potential applicants of the developmental fishing process and

direct the applicants to any relevant materials. Following initial discussions with the applicant, DAF

will provide advice on what class of permit (a General Fisheries Permit to undertake a fisheries

management trial or a Developmental Fishing Permit) the applicant should apply for when making

their application to undertake a developmental fishing activity.



In general, activities where there is greater uncertainty and/or risks (such as a proposal to

establish a commercial fishing operation for a species which is not targeted in an existing

commercial fishery to any significant degree), will require a developmental fishing permit. A

general fisheries permit to undertake a fisheries management trial may be issued for activities that

are less likely to pose significant risks to the sustainability of fisheries resources or affect other

stakeholders (e.g. conducting a trial of a new type of bycatch reduction device).

6.2 Application information requirements

The onus is on the applicant to provide sufficient information in the application for a permit to

demonstrate that the proposed activity will be sustainable and socially acceptable and that the

applicant has the capacity to undertake the proposed developmental fishing activity. DAF will reject

those applications that do not provide sufficient information for adequate consideration. Detailed

information on the following aspects of the proposed operation is considered the minimum amount

of information that must be provided in order to have a permit application for a developmental

fishing activity considered.

Ecological sustainability

Applicants are required to demonstrate that the proposed fishing activity will be undertaken in an

ecologically sustainable fashion and not adversely impact on the ecological sustainability of

fisheries resources and the ecosystems on which they depend. Applicants are to include the

following information for the proposed activity to assist in considering if the activity is ecological

sustainable.

1. Details of the proposed developmental fishing activity

Include objectives of the proposed activity (e.g. investigate viability of new fishing apparatus).

Clearly explain the differences between the proposed activity and activities that are currently authorised.

Provide list of species to be taken (including all anticipated by-product and bycatch species).

Include amounts of the aforementioned species that the applicant wishes to take under the permit (if known).

Include the area in which the proposed activity is to occur (referring to points of latitude and longitude).

Include times when activity is proposed to occur and the frequency of occurrence.

Include details of commercial fishing licence the permit will be associated with.

2. Details of harvest method for the proposed developmental fishing activity

Include details of the fishing apparatus (use diagrams if necessary) to be used for the proposed activity, including dimensions and materials of the gear (specific technical details are required including if there is any variation of the proposed apparatus from industry standards).

Include details on the number of apparatus required for the proposed activity (if applicable).



Include details of the vessel(s) that will be used in association with the developmental fishing activity including boat mark, boat name, length, beam and tonnage.

3. Information demonstrating that fisheries resources can sustain the impacts associated

with the proposed activity

Include a science-based consideration of the potential impacts on target species, other

species and the environment from the proposed activity. The national ‘Guidelines for

the Ecologically Sustainable Management of Fisheries’1 provides a useful

reporting/information framework to demonstrate that a fishing operation will not impact

the viability of the stock and the environment. Applications will need to adequately

address the outlined principles and objectives of this guideline, particularly if further

assessment under the Environment Protection and Biodiversity Conservation Act 1999

is required.

Economic considerations

Applicants are required to submit a business plan for the proposed activity. It is important that the

applicant demonstrates a capacity to undertake the proposed developmental fishing activities and

that there is a real economic potential for a managed fishery to come from the developmental

fishery process. The business plan should provide information for each of the following sections.

1. Statement of skills and previous experience in the relevant field

Include relevant fishery skills and previous experience in the fishing industry.

Include any business references and qualifications. 2. Product and market analysis: your chosen market and your position in the market

Describe the products that you will provide, your estimated target market, your market share and how you plan to achieve it.

Include any product information and consumer research data.

Include if you intend to export the product – note Commonwealth Environment Department export requirements apply.

3. Marketing plan: your strategies to attract and keep clients

Include any marketing strategies, product decisions, market segmentation, pricing policies and methods of payment, distribution, advertising and promotions.

Explain how your proposed supply or value chain will work. 4. Operating plan: how the business works

Summarise your equipment, labour and technology, and how your fishing business would operate.

Include details of capacity to undertake proposed developmental fishing activities.

Include anticipated number of full-time and part-time staff.

5. Finance plan: your investment, expected turnover, estimated profit and cash flow projections

1 http://www.environment.gov.au/coasts/fisheries/publications/guidelines.html



Include basic expected establishment costs, expected sales, profit and loss, and cash flow projections.

Explain the assumptions on which projected sales and cash flows are based (i.e. catch and sales prices).

Indicate how you intend to fund the developmental fishing activity e.g. funding arrangements, including sources of funds and proof of financing for the project.

6. Risk management plan

Identify potential impacts on your business (both positive and negative), such as a greater market demand or a depressed economy. Describe contingency plans that you would follow to minimise losses or to maximise opportunities.

6.3 Submission of application

Applicants are required to submit a completed developmental fishing permit application form,

address the above information requirements, and pay the assessment fee to DAF for the

application to be considered properly made. Once a properly made application for a particular

developmental fishing activity has been received, DAF will not consider any other applications for

similar activities until this application has been assessed.

6.4 Additional information requirements

Once an application has been received it will be reviewed by DAF to ensure the minimum

information requirements have been provided to allow for assessment. If some of the information

has not been provided an information request will be prepared by DAF detailing additional

information which is required to be provided by the applicant. An information request will only be

made once and if the applicant does not provide sufficient information for adequate consideration

the application will be will rejected.

In addition to any information request made by DAF, the applicant must also provide additional

information on the social aspects of the proposed operation. The following detailed information is

considered the minimum amount of information that must be provided in order to have a permit

application for a developmental fishing activity considered.

Social acceptance considerations

Applicants are required to demonstrate that the proposed developmental fishing activity will not

adversely impact upon the use of the fisheries resource and ecosystems by other stakeholders.

Applicants will also need to demonstrate that the proposed developmental fishery has community

support and explain how they engaged with the community on their proposed fishery. Applicants

should include:

– Details of how the proposed fishing activity will minimise conflict with other fisheries resource stakeholders;



– Details and outcomes of industry/community consultation (this should include consultation with commercial and recreational fishers);

– Details and outcomes of any consultation with local traditional owners; and

– Letters of support from industry/community groups.

Examples of potentially affected stakeholders include commercial fishers, recreational fishers, boaters, traditional owners, tourists, marine-related industries and environmental groups.

6.5 Consideration of developmental fishing applications

Where an application for a developmental fishing activity provides sufficient information to address

the information requirements detailed above, DAF will convene a Developmental Fishing Activity

Assessment Panel (the Panel) to assess the application and provide advice and recommendations

to DAF.

The Panel will include a representative from the Queensland Boating and Fisheries Patrol to

provide advice on compliance related issues.

Depending upon the application being considered, additional persons who can provide expertise in

a relevant area may be invited to participate as part of this panel (e.g. scientists or fisheries

managers from other jurisdictions).

The terms of reference for the Panel are provided in Appendix B.

The role of the Panel is to consider the permit application for a developmental fishing activity and

determine whether the proposed activity is likely to be:

– Sustainable


– Socially acceptable (i.e. unlikely to cause undue conflict with other fisheries resource stakeholders and has community support).

If the applicant is able to demonstrate these three points to the satisfaction of the Panel, the Panel

will develop a set of preliminary conditions which may include but is not limited to:

– Limits on the take of certain species;

– Restrictions on the area in which an activity may be undertaken;

– Conditions on the type of fishing apparatus that may be employed as part of a developmental fishing operation;

– Catch reporting requirements;

– Observer coverage requirements;

– Any relevant compliance measures that will apply (including but not limited to vessel monitoring system requirements, pre-reporting requirements for departure and landing etc).



– Restrictions on the times during which an activity may be undertaken;

– Market information reporting requirements (including information on the costs associated with an operation and the price received for the sale of product taken as part of this operation).

The Panel will make recommendations to DAF on the application for a developmental fishing

activity, including any preliminary conditions if the application was approved. DAF may also seek

additional input from key stakeholders prior to making a decision on whether to refuse the

application or provide preliminary approval for the proposed activity.

The provision of preliminary approval and conditions represents tentative approval of a proposed

activity by DAF. It does not however, authorise the applicant to undertake any fishing activity. The

preliminary conditions are intended for consideration by the applicant and other relevant

government agencies (the role of these agencies is discussed further below). This is to allow the

applicant to understand what will be required of them by DAF in conducting a developmental

fishing activity and allow them to make an informed decision as to whether such a venture is worth

further pursuit and investment on their part.

6.6 Approvals from other relevant government agencies

Before a developmental fishing activity can be undertaken, it may be necessary for the applicant to

obtain certain additional approvals or accreditations from other government agencies that are

separate to the approval under the Fisheries Act 1994.

Certain waters off Queensland are subject to management arrangements designed to offer some

level of protection to biodiversity and ecological function. Many of these areas do not allow for

commercial fishing activities and those that do may impose certain restrictions. As these areas are

administered by a number of state and Commonwealth natural resource management agencies

separate to DAF, it will be necessary for an applicant to obtain any relevant approvals2 from these

agencies prior to undertaking a commercial fishing activity in these areas. Government natural

resource management agencies that may require certain approvals or accreditations to be

obtained before a developmental fishing activity can be undertaken include but are not limited to:

– The Queensland Department of National Parks, Sport and Racing;

– The Great Barrier Reef Marine Park Authority; and

– The Commonwealth Department of the Environment (discussed further below).

Other government agencies are concerned with the handling of fisheries products post harvest and

may also require relevant approvals or accreditations to be obtained before fisheries products can

be sold or exported. Government agencies which may be concerned with fisheries products post

harvest include but are not limited to:

2 Relevant approvals –Relevant approvals are those required by another government agency in order to undertake a

certain activity (e.g. obtaining a permit from the Department of National Parks, Recreation, Sport and Racing to undertake an activity within a Queensland managed Marine Park). It should be noted that approvals may not be required from certain agencies. This will be dependant upon a range of factors including but not limited to the type of activity in question, the area in which the activity is to be conducted and whether or not the resulting catch is to be exported.



– The Australian Quarantine Inspection Service; and

– Safe Food Queensland.

Regardless of the role of the agency, it is likely that they will want to know what conditions a

proposed developmental fishing activity will be required to operate under. It is for this reason that

DAF provides applicants with preliminary conditions, as this will allow other government agencies

to make an informed decision on whether to allow the proposed activity to be undertaken. It should

be noted that unless the relevant approvals are obtained from these agencies, DAF may not issue

a permit for a proposed activity.

If there are any conditions imposed by other agencies upon a proposed developmental fishing

activity that require DAF to perform a task (such as the provision of an annual report etc), any

additional costs will be at the expense of the applicant.

Assessments under the Environment Protection and Biodiversity Conservation Act 1999

If a fishery operation interacts with threatened species, migratory species, cetaceans and/or listed

marine in Commonwealth areas (e.g. outside of State waters at 3nm or in Great Barrier Reef

Marine Park) or if product is to be exported, assessment and approval is required under the

Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act),

prior to a permit for a proposed activity being issued.

If proposed developmental fishing activities relate to an established Queensland commercial

fishery (such as trialling a new fishing apparatus) it may be able to be conducted under the existing

accreditations awarded for that fishery. In this scenario assessment under the EPBC Act may still

be required, and could result in additional conditions or recommended actions.

Proposed developmental fishing activities not operating within an existing fishery already

accredited under the EPBC Act may require further assessment by the Commonwealth

Department of the Environment. The information contained in Section 6.2 will determine if this is

required or not.

The Commonwealth Department of the Environment may stipulate certain recommendations or

conditions under which a developmental fishing activity is to be conducted. These

recommendations and conditions will be included in the management arrangements for the

proposed activity should a permit be issued.

It is the responsibility of the applicant to obtain any approvals required under the EPBC Act and

undertake any reporting that is required by the Department of the Environment.

Further information on the EPBC Act and the assessments undertaken by the Department of the

Environment relevant to fishing activities can be found on their website at:

www.environment.gov.au or by contacting the Department of the Environment directly.

http://www.environment.gov.au/



6.7 Second assessment of proposed developmental fishing activity

Once the applicant believes they have obtained all relevant approvals and accreditations from

other government agencies, this information must then be provided to DAF for further assessment.

DAF will assess the restrictions, recommendations or conditions that have been provided by other

government agencies and determine whether a permit will be issued for the proposed

developmental fishing activity. Any restrictions, recommendations or conditions placed upon the

proposed activity by these agencies will be included in the management arrangements for the

proposed activity should a permit be issued.

If a decision is made to progress a developmental fishing activity, DAF will commence with the

Native Title notification and assessment process.

6.8 Native title notification process

Native title is protected under the Native Title Act 1993 (Cwlth). Under the provisions of the Native

Title Act, DAF is required to carry out a native title assessment prior to issuing a permit.

Accordingly DAF is required to provide native title parties with an opportunity to comment on permit

applications. Applicants should be aware that this procedure involves a minimum 28 days for

receipt of comments. Any responses from native title parties will be considered by DAF prior to

making a final decision on whether or not to issue permit for a developmental fishing activity.

6.9 Issue of a permit for a developmental fishing activity

Following the steps outlined above, DAF may issue a permit for a developmental fishing activity.

This permit will stipulate the conditions under which a developmental fishing activity must be

conducted including any reporting requirements.

Developmental Fishing Permits are issued for a period of no more than three years. However, DAF

may accommodate an extension of up to five years from the date of issue if an assessment of the

developmental fishing activity indicates that it is operating in an ecologically sustainable,

economically viable and socially acceptable fashion. The additional information that can be

gathered during the extended period should allow a more informed decision to be made on the

long term viability of the activity at the end of this period.

Failure to comply fully with the conditions of a permit issued by DAF may result in the permit being

revoked, fines or both.

Examples of conditions that may be imposed include:

– Limits on the take of certain species;

– Area where fishing activity may be undertaken;

– Conditions on the type of fishing apparatus that may be employed as part of a developmental fishing operation;



– Monitoring and reporting requirements including level of analysis to be provided;

– Observer coverage requirements;

– Any relevant compliance measures that will apply (including but not limited to vessel monitoring system requirements, pre-reporting requirements for departure and landing etc).

The permit holder will be responsible for all costs associated with meeting the permit conditions.

6.10 Annual review of information collected on a developmental fishing activity

Every 12 months from the commencement of operations under a Developmental Fishing Permit,

DAF will undertake a review of all information gathered on the developmental fishing activity. The

information to be provided and the level of analysis required will be specified as a condition of the

Developmental Fishing Permit. The purpose of these annual reviews is to ensure compliance with

the conditions of the permit and determine whether the activities conducted under the permit are

posing significant threats to the sustainability of fisheries resources or the ecosystems upon which

they depend. The annual review will also determine if the activity is affecting the enjoyment of a

fisheries resource or ecosystem by other stakeholder groups.

In cases where a General Fisheries Permit has been issued for an activity, this assessment will be

undertaken prior to the expiry of the permit in order to allow DAF to determine whether or not

another permit should be issued for that activity in the future.

Depending upon the outcomes of this review, it may be necessary for DAF to add further

conditions to the permit.

Should a review indicate that the operation is having significant adverse impacts upon the

sustainability of a fisheries resource or ecosystem or is affecting the enjoyment of a fisheries

resource or ecosystem by other stakeholder groups, DAF may decide to revoke the permit

authorising that activity or decline any subsequent applications for permits that authorise the

activity in question.

6.11 Expiry of permits for developmental fishing activities

Prior to the expiry of a permit, DAF will undertake a review of all available information that has

been gathered during the life of the permit to determine whether or not the activity should be

discontinued, the permit extended to allow for the collection of more information, a new permit

issued or whether to commence the process of formalising the proposed activity.

In order for the information gathered during the course of a developmental fishing activity to be

given appropriate consideration it may be necessary to have an analysis of this information

conducted (i.e. stock assessment). If this is the case, DAF will direct the concerned party to a

person or organisation capable of undertaking such an analysis. The cost of having such an

analysis undertaken will be at the expense of the party wishing to progress a developmental fishing

activity to a formally regulated activity.



6.12 Transition from developmental fishing activity to formally regulated activity

The issuance of a permit for a developmental fishing activity does not constitute a commitment to

establish formal arrangements in the future that provide access to a fisheries resource or allow for

an activity to be undertaken. Should a decision be made to progress a developmental fishing

activity to a formally regulated activity, it may be necessary for the Queensland Government to

undertake a formal public consultation process. This may include the development and release of

a regulatory assessment statement. Based upon the outcomes of this consultation process a final

decision will be made by the Queensland Government as to whether the activity will be allowed to

continue as a formally regulated activity.

7 Important considerations for all potential developmental fishery applicants

Persons considering lodging an application for a permit to undertake a developmental fishing

activity should be aware of the following:

Costs

Any application for a permit to undertake a developmental fishing activity must be accompanied by

the relevant fee (see Schedule 9 of the Fisheries Regulation 2008). The purpose of this fee is to

cover costs associated with the initial assessment of an application for a permit. Regardless of

whether a permit is issued for a proposed activity or not, any fees submitted are non refundable.

If a permit is issued for a developmental fishing activity the permit holder will be responsible for any

costs that may be associated with the collection and analysis of information or monitoring, control

and surveillance activities that are required under the permit.

Data

Potential applicants should note that DAF will use any data collected and reported in association

with a developmental fishing activity as it sees appropriate. This may include reporting information

on a developmental fishing activity to other government agencies or making such information

publicly available etc. In doing so, DAF will have due regard to the commercially sensitive nature of

such information.

Issuance of a permit is not guaranteed

DAF will consider the merits of all applications for a permit to undertake developmental fishing

activities in order to determine whether a proposed activity is:

– consistent with the intent of this policy;

– in keeping with the objectives of Queensland’s fisheries legislation;

– not contradictory to other government initiatives or policies;



– likely to cause undue conflict with other stakeholder groups; and

– likely to cause significant adverse impacts upon affected fisheries resources or the ecosystems upon which they depend.

Based upon the outcomes of this consideration DAF will determine whether a permit application

will be progressed further.

Permits for developmental fishing activities can be amended

It may be necessary for DAF to amend the conditions of a permit if it becomes apparent that

unforeseen issues have arisen in association with the developmental fishing activity. Should this

be the case DAF will request that the permit in question be returned to DAF so that conditions

aimed at addressing such issues can be stipulated upon the permit. The permit holder and DAF

should endeavour to ensure that the amendment of permits is undertaken as quickly as possible

so as to minimise the amount of interference with the fishing operations being conducted under the

permit.

Permits for developmental fishing activities can be revoked

DAF retains the right to revoke any permits issued for developmental fishing activities at any time

if:

– there are concerns that the activity authorised under a permit is having an undue impact upon the sustainability of a fisheries resource or ecosystem;

– the party who has been issued with a permit has failed to comply with the conditions of that permit; or

– the activity authorised under a permit is having a significant detrimental impact upon the enjoyment of the resource by other stakeholders.

Right to appeal decisions made in relation to permits for developmental fishing activities

Decisions to refuse, amend or revoke permits for developmental fishing activities made by DAF are

appealable to the Queensland Civil and Administrative Tribunal. Persons affected by such

decisions will be formally notified and provided with information on how to lodge such an appeal if

they wish to do so.

Formalisation of a developmental fishing activity is not guaranteed

The issuance of a permit for a developmental fishing activity does not constitute a commitment to

establish formal arrangements in the future that provide access to a fisheries resource or allow for

an activity to be undertaken. Following the end of the developmental fishing period, the

Queensland Government will make a decision as to whether the activity continues as a formally

regulated activity.

Extended timeframes for consideration of application



The developmental fishing application assessment process may involve extended timeframes.

Applicants should be aware that this process may take several months due to the time needed to

organise appropriate resources and allow for consideration or assessment of relevant information.

Access to developmental fishing activities

Once a properly made application for a particular developmental fishing activity has been received,

DAF will not consider any other applications for similar activities until the initial application has

been fully explored. This will be DAF’s default approach unless there are specific circumstances

that warrant a different approach (such as the trialling of a new type of bycatch reduction device

that may have relevance to a number of fishers). An application is considered to be properly made

if a completed developmental fishing permit application form and the information requirements in

section 6.2 have been submitted to DAF and the assessment fee has been paid.

Licensing requirements for persons applying for permits to conduct developmental fishing

activities

DAF requires that persons applying for a permit for a developmental fishing activity hold a

Queensland commercial fishing boat license. Any permit issued for a developmental fishing activity

will be associated with the Queensland commercial fishing boat license nominated by the

applicant.

Persons in charge of a developmental fishing operation will also be required to hold any relevant

licenses or qualifications required by Queensland or Commonwealth legislation associated with

being in charge of a commercial fishing operation (i.e. commercial fisher license, appropriate

vessel master qualifications etc).

Progression from developmental fishing activity to formally regulated activity

Following the end of the developmental fishing period, the Queensland Government will make a

decision as to whether the activity will be allowed to continue as a formally regulated activity. In

cases where a developmental fishing activity is to be progressed to the status of a formally

regulated activity, the Queensland Government will conduct a tender process to allocate access to

the fishery. Although this will be open to all interested parties, the Queensland Government will

give appropriate consideration to the commitment, investment and performance of the party that

pioneered the activity through the developmental fishery process and the need for them to obtain

an adequate return on their investment.

Where the developmental fishing activity accesses an existing fishery, no new access rights for

that fishery will be issued. Should this be the case (such as in the trialling of a new type of fishing

apparatus in an existing commercial fishery) the Queensland Government may require

entitlements for the existing fishery to be surrendered to offset the allocation of any new rights that

allow for the holder to undertake the previously developmental fishing activity.



8 Related and reference documents

Relevant legislation

– Fisheries Act 1994;

– Fisheries Regulation 2008, specifically section 219.

This policy is to be read and applied in conjunction with all other relevant policies of DAF and the Queensland Government.

Marine Aquaculture Bonds, version 1, August 2013 of 21

Author: Name: John Dexter

Title: Principal Policy Officer, Fisheries Queensland, Department of Agriculture and Fisheries

Contributing author/s: Name: Ben Westlake

Endorsed by: Name: Eddie Jebreen

Title: A/Director, Regulatory, Reform and Assessment, Fisheries Queensland, Department of Agriculture, Fisheries and Forestry

Approved by: Name: Scott Spencer

Title: Deputy Director General, Fisheries and Forestry, Department of Agriculture and Fisheries

Issue/approval date: Friday the 1st May 2015

Revision history: Version # Approval date Comments

1 August 2011 This policy supersedes the 2006, Policy for the Management of Developmental Fishing.

2 May 2012

The policy has been update to reflect: The departmental name change to Fisheries Queensland, as a service of the Department of Agriculture, Fisheries and Forestry (DAFF).

3 December 2013

This policy has been updated to include additional information requirements for applicants and reflect new fisheries structure.

4 May 2015

Policy updated so applicants are to provide information on the social aspects of the proposed operation after submitting an application. Departmental name change to Department of Agriculture and Fisheries.



Appendix A: Diagram outlining process for consideration of applications to establish a developmental fishing activity.

Note: Blue denotes stages specific to the assessment of applications for Developmental Fishing Permits. Green denotes stages specific to the assessment of applications for General Fisheries Permits. Indicate stages where decisions are made to allow a developmental fishing activity to continue. Indicate stages where decisions are made to not allow a developmental fishing activity to continue.



Appendix B: Terms of reference for the Developmental Fishing Activity Assessment

Panel Terms of Reference

Terms of Reference Developmental Fishing Activity Assessment Panel

Background: The Developmental Fishing Policy (the Policy) establishes an avenue through which interested parties can explore the potential viability of developmental fishing activities. The process used in determining whether a permit will be issued to allow such an activity is outlined in the Policy. The DAF body responsible for assessing applications for developmental fishing activities referred to in the Policy is the Developmental Fishing Activity Assessment Panel (the Panel). This document outlines the terms of reference for the Panel. Objectives: The objectives of the Panel are:

– To determine whether a proposed developmental fishing activity is likely to be ecologically sustainable, commercially viable and socially acceptable; based upon the information provided in the initial application;

– Develop suitable management arrangements for developmental fishing activities;

– Ensure that any developmental fishing activity is undertaken in accordance with the objectives and the intention of Queensland fisheries legislation and policies; and

– At the conclusion of a developmental fishing activity, determine whether the activity in question should be progressed towards becoming a formally regulated activity.

Above all else, the ecological sustainability of fisheries resources and the ecosystems upon which they depend is paramount. Where the Panel determines that the level of uncertainty in regards to a developmental fishing activity is considered unacceptable, the Panel will not allow for the activity in question to be undertaken. Desired outcome / Outputs In considering applications seeking to undertake developmental fishing activities, the role of the Panel is to determine whether the proposed activity is likely to be:

– Ecologically sustainable;


– Socially acceptable

If a proposed activity is considered likely to be ecologically sustainable, economically viable and socially acceptable the role of the Panel is to:

– Develop suitable management arrangements for proposed developmental fishing activity;

– Conduct an annual review of activities conducted under any permit issued;

– Determine, whether the developmental fishing activity should become a formally regulated activity.

Note: the deliberations of the Panel should be documented as these will likely form the basis for any decisions made in relation to developmental fishing activities.



Persons involved

DAF will convene an internal Panel to consider applications for developmental fishing activities.

A representative from the Queensland Boating and Fisheries Patrol will also be invited to

participate as a member of the Panel to provide advice on compliance related issues.

Depending upon the application being considered, additional persons who can provide expertise in a relevant area may be invited to participate as part of this panel. Timeframes: The Panel will meet as soon as is practicable following the receipt of a suitable application for a developmental fishing activity. As the process of assessing the developmental fishing activity application progresses, the Panel will reconvene as appropriate to consider new information received in relation to the application. If a Developmental Fishing Permit has been issued, the Panel will convene annually to review the activities conducted under the permit. Prior to the expiry of a permit (either a General Fisheries Permit or a Developmental Fisheries Permit) issued for a developmental fishing activity, the Panel will convene in order to determine whether the developmental fishing activity should be discontinued, the permit extended to allow for the collection of more information, a new permit issued or whether to commence the process of formalising the proposed activity. Reporting guidelines The Panel may coordinate any necessary reporting required in order to fulfill DAF’s obligations.

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