Logbooks for Fisheries Determination 2017 (Cth)

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Logbooks for Fisheries Determination 2017

made under subsection 42(1) of the

Fisheries Management Act 1991

Compilation No. 1               

Compilation date:   21 April 2018

Includes amendments up to:           Logbooks for Fisheries Amendment Determination 2018 (No. 1)

About this compilation

This compilation

This is a compilation of the Logbooks for Fisheries Determination 2017 that shows the text of the law as amended and in force on 21 April 2018 (the compilation date).

This compilation was prepared on 27 April 2018.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

DETERMINATION OF LOGBOOKS

Fisheries Management Act 1991

Subsection 42(1)

LOGBOOKS FOR FISHERIES DETERMINATION 2017

I, GEORGE DAY A/G Executive Manager Fisheries of the Australian Fisheries Management Authority, as its delegate pursuant to sub-delegation numbered 1 of 2016 dated 17 June 2016 from the Chief Executive Officer, make the following Determination under subsection 42(1) of the Fisheries Management Act 1991.

Dated:        13 April 2017

GEORGE DAY

A/g Executive Manager Fisheries

Australian Fisheries Management Authority

Citation

1.This Determination may be cited as the Logbooks for Fisheries Determination 2017.

Commencement

2.This Determination commences on the 28th day after it is registered on the Federal Register of Legislation.

Cessation

3.This Determination is repealed on 31 December 2023 and unless further re-determined prior to that date, any logbook herein must not thereafter be used.

Interpretation

4.Terms defined in the Fisheries Management Act 1991 as in force from time to time have the same meanings in this Determination.

Determination

5.Holders of fishing concessions granted for the Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, Eastern Skipjack Tuna Fishery, and Western Skipjack Tuna Fishery must keep and maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook:

(a)    For concessions authorising the use of minor line fishing methods only (excluding pole):

i.Line Fishing Daily Fishing Log LN01A; and

ii.Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.

(b)   For concessions authorising the use of minor line and gillnet fishing methods:

i.Gillnet Fishing Daily Log – NT01A; and

ii.Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.

(c)    For concessions authorising the use of longline fishing methods:

i.Australian Pelagic Longline Daily Fishing Log AL06; and

ii.Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.

(d)   For concessions authorising the use of purse seine fishing methods:

i.Purse Seine Daily Fishing Log PS01A; and

ii.Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.

(e)    For concessions authorising the use of pole fishing methods:

i.Australian Purse Seine and Pole Daily Fishing Log TPB02; and

ii.Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.

6.Holders of fishing concessions granted for the Southern Bluefin Tuna Fishery must keep and maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook:

(a)    For fish taken with the use of longline or minor line (excluding pole) fishing methods:

i.Australian Pelagic Longline Daily Fishing Log – AL06; and

ii.Commonwealth Pelagic Fisheries Catch Disposal Record – PT02B; and

iii.Catch Monitoring Form – CMAU02C; and

iv.Catch Tagging Form – CTAU02A.

(b)   For fish taken with the use of pole fishing methods:

i.Australian Purse Seine and Pole Daily Fishing Log TPB02; and

ii.Southern Bluefin Tuna Fishery Catch Disposal Record - CR4A; and

iii.Commonwealth Pelagic Fisheries Catch Disposal Record – PT02B; and

iv.Catch Monitoring Form – CMAU02C; and

v.Catch Tagging Form - CTAU02A.

(c)    For fish taken with the use of use of Purse Seine methods that are not landed to a farm:

i.Purse Seine Daily Fishing Log – PS01A; and

ii.Southern Bluefin Tuna Fishery Catch Disposal Record - CR4A; and

iii.Commonwealth Pelagic Fisheries Catch Disposal Record – PT02B; and

iv.Catch Monitoring Form – CMAU02C; and

v.Catch Tagging Form - CTAU02A.

(d)   For fish taken with the use of Purse Seine methods that are landed to a farm:

i.Australian Purse Seine and Pole Daily Fishing Log – for Farmed Southern Bluefin Tuna Only – TPB03; and

ii.Southern Bluefin Tuna Fishery Farm Catch Disposal Record – SBT04B; and

iii.Catch Monitoring Form – CMAU02C; and

iv.Catch Tagging Form - CTAU02A; and

v.Southern Bluefin Tuna Fishery Farm Catch Disposal Record – Purse Seine Boat – SBT02; and

vi.Farm Stocking Form – FSAU; and

vii.Southern Bluefin Tuna Fishery Farm Transit Log – SBT03B.

(e)    For fish that are exported from Australia; Re-export/Export After Landing of Domestic Product – REAU02.

(f)    For fish landed to a farm that are subsequently transferred to another farm; Farm Transfer Form - FTAU.

7.For each of the fisheries specified in clauses 5 and 6; the holder must complete the logbook titled Australian Fish Export Statistical Document Program SDS01 for all tuna that is to be exported.

8.Holders of fishing concessions granted for the Northern Prawn Fishery must keep and maintain the logbook Northern and Torres Strait Prawn Fisheries Daily Fishing Log NP16, containing information in respect of their activities in accordance with the instructions in that logbook.

9.Holders of fishing concessions granted for the North West Slope Fishery must keep and maintain the logbook North West Slope Daily Fishing Log NWS04, containing information in respect of their activities in accordance with the instructions in that logbook.

10.Holders of fishing concessions granted for the Western Deep Water Trawl Fishery must keep and maintain the logbook Southern and Western Finfish Trawl Daily Fishing Log SWT01B, containing information in respect of their activities in accordance with the instructions in that logbook.

11.Holders of fishing concessions granted for the Southern Squid Jig Fishery must keep and maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook: Commonwealth Scallop/Squid Catch Disposal Record SCQ02; and Squid Jigging Daily Fishing Log SQ05.

12.Holders of fishing concessions granted for the Small Pelagic Fishery must keep and maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook:

(a)    For fish taken with the use of purse seine methods:

i.Purse Seine Daily Fishing Log PS01A; and

ii.Great Australian Bight Trawl Fishery Catch Disposal Record GAB2C.

(b)   For fish taken with the use of trawl fishing methods:

i.Southern and Western Finfish Trawl Daily Fishing Log SWT01B or Eastern Finfish Trawl Daily Fishing Log EFT01B; and 

ii.Great Australian Bight Trawl Fishery Catch Disposal Record GAB2C.

(c)    For fish taken with the use of jigging method:

i.Squid Jigging Daily Fishing Log SQ05; and

ii.Commonwealth Scallop/Squid Catch Disposal Record SCQ02 or Great Australian Bight Trawl Fishery Catch Disposal Record GAB2C.

(d)   For fish taken with the use of minor line methods:

i.Line Fishing Daily Fishing Log LN01B; and

ii.Great Australian Bight Trawl Fishery Catch Disposal Record GAB2C. 

13.Holders of fishing concessions granted for the Bass Strait Central Zone Scallop Fishery must keep and maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook Commonwealth Scallop Daily Fishing Log SCA01B; and Commonwealth Catch Disposal Document SCQ02.

14.Holders of fishing concessions granted for the Coral Sea Fishery must keep and maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook:

(a)    For concessions authorising the use of trap fishing methods:

i.Trap Fishing Daily Fishing Log TR01; and

ii.Commonwealth Catch Disposal Document SESS2A or SESS2B.

(b)   For concessions authorising the use of line fishing methods:

i.Line Fishing Daily Fishing Log – LN01A or LN01B; and

ii.Commonwealth Catch Disposal Document SESS2A or SESS2B.

(c)    For concessions authorising the use of trawl fishing methods:

i.Eastern Finfish Trawl Daily Fishing Log EFT01B; and

ii.Commonwealth Catch Disposal Document SESS2A or SESS2B.

(d)   For concessions authorising the take of lobster, trochus or sea cucumber: Hand Collection Daily Fishing Log HC01 and Hand Collection Catch Disposal Record HC02.

(e)    For concessions authorising the take of live rock: Coral, Shell Grit & Star Sand Fisheries Logbook.

(f)    For concessions authorising the take of live fish for the use of aquaria only: Aquarium Fish Fishery Logbook AQ04.

15.Holders of fishing concessions granted for the Southern and Eastern Scalefish and Shark Fishery must keep and maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook:

(a)    For concessions authorising the use of trap fishing methods:

i.Trap Fishing Daily Fishing Log TR01; and

ii.Commonwealth Catch Disposal Document SESS2A or SESS2B.

(b)   For concessions authorising the use of gillnet fishing methods:

i.Gillnet Fishing Daily Log NT01B; and

ii.Commonwealth Catch Disposal Document SESS2A or SESS2B.

(c)    For concessions authorising the use of line fishing methods:

i.Line Fishing Daily Fishing Log LN01B and

ii.Commonwealth Catch Disposal Document SESS2A or SESS2B.

(d)   For concessions authorising the use of trawl fishing methods in the area of the Commonwealth South East Trawl Sector, East Coast Deepwater Trawl Sector and Victorian Coastal Waters Sector:

i.Eastern Finfish Trawl Daily Fishing Log EFT01B or EFT01C; and

ii.Commonwealth Catch Disposal Document SESS2A or SESS2B.

(e)    For concessions authorising the use of trawl fishing methods in the area of Commonwealth GAB Trawl Sector;

i.Southern and Western Finfish Trawl Daily Fishing Log SWT01A or SWT01B; and

ii.Great Australian Bight Trawl Fishery Catch Disposal Record GAB2C.

16.Holders of fishing concessions granted for the High Seas Fishery must keep and maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook:

(a)    For concessions authorising the use of trap fishing methods:

i.Trap Fishing Daily Fishing Log TR01; and

ii.Commonwealth Catch Disposal Document SESS2A or SESS2B

(b)   For concessions authorising the use of line fishing methods:

i.Line Fishing Daily Fishing Log LN01A or LN01B; or

ii.Australian Pelagic Longline Daily Fishing Log – AL06; or

iii.Australian Purse Seine and Pole Daily Fishing Log TPB02; and

iv.Commonwealth Catch Disposal Document SESS2A or SESS2B; or

v.Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.

(c)    For concessions authorising the use of trawl fishing methods:

i.Eastern Finfish Trawl Daily Fishing Log EFT01B; or

ii.North West Slope Daily Fishing Log NWS04; or

iii.Southern and Western Finfish Trawl Daily Fishing Log SWT01A; and

iv.Commonwealth Catch Disposal Document SESS2A or SESS2B; or

v.Great Australian Bight Trawl Fishery Catch Disposal Record GAB2C.

17. Any concession holder transporting fish taken from a declared fishery, as specified in a declaration under subsection 91(1) of the Act, in more than one consignment which are to be received by a person granted a Commonwealth Fish Receiver Permit are to keep, maintain and furnish to AFMA the Commonwealth Managed Fisheries Transit Form CTF in accordance with the instructions in that logbook.

Form & Content

18.       For the purpose of this instrument the form and content of the logbooks specified in clauses 5 through 17 are published as follows:

a)AL06        Australian Pelagic Longline Daily Fishing Log AL06; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1227 – 1236 inclusive.

b)AQ04        Aquarium Fish Fishery Logbook AQ04, as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 page 1237.

c)CMAU02C           Catch Monitoring Form CMAU02C; as published in the Commonwealth of Australia Gazette on 25 January 2017 C2017G00101.

d)Coral, Shell Grit & Star Sand Fisheries Logbook  Coral, Shell Grit & Star Sand Fisheries Logbook, as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 page 1254.

e)CR4A       Southern Bluefin Tuna Fishery Catch Disposal Record CR4A; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1248 – 1253 inclusive.

f)CTAU02A            Catch Tagging Form CTAU02A; as published in the Commonwealth of Australia Gazette No. C2013G01762, Wednesday 27 November 2013.

g)EFT01B    Eastern Finfish Trawl Daily Fishing Log EFT01B; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1265 – 1274 inclusive.

h)EFT01C    Eastern Finfish Trawl Daily Fishing Log EFT01C; as published in the Commonwealth of Australia Gazette No C2016G00444 dated 1 April 2016.

i)FSAU        Farm Stocking Form FSAU; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1275 – 1277 inclusive.

j)FTAU       Farm Transfer Form - FTAU; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1278 – 1279 inclusive.

k)GAB2C     Great Australian Bight Trawl Fishery Catch Disposal Record GAB2C; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1280 – 1287 inclusive.

l)HC01        Hand Collection Daily Fishing Log HC01 and Hand Collection Catch Disposal Record HC02, as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1288 – 1301 inclusive.

m)LN01A     Line Fishing Daily Fishing Log LN01A; as published in the Commonwealth of Australia Gazette No.GN 23, Wednesday, 15 June 2011 pages 1302 – 1311 inclusive.

n)LN01B      Line Fishing Daily Fishing Log LN01B; as published in the Commonwealth of Australia Gazette No. C2016G00442 dated 1 April 2016.

o)NP16        Northern and Torres Strait Prawn Fisheries Daily Fishing Log NP16; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1312 – 1327 inclusive.

p)NT01A     Gillnet Fishing Daily Log NT01A; as published in the Commonwealth of Australia Gazette No.GN 23, Wednesday, 15 June 2011 pages 1328 – 1337 inclusive.

q)NT01B      Gillnet Fishing Daily Log NT01B; as published in the Commonwealth of Australia Gazette No C2016G00443 dated 1 April 2016.

r)NWS04     North West Slope Daily Fishing Log NWS04; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1338 -1346 inclusive.

s)PS01A      Purse Seine Daily Fishing Log PS01A; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1347 – 1356 inclusive.

t)PT02B      Commonwealth Pelagic Fisheries Catch Disposal Record PT02B; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1357 – 1364 inclusive.

u)REAU02   Re-export/Export after Landing of Domestic Product –REAU02; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1365 – 1371 inclusive.

v)SBT02      Southern Bluefin Tuna Fishery Farm Catch Disposal Record – Purse Seine Boat SBT02; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1372 -1376 inclusive.

w)SBT03B    Southern Bluefin Tuna Fishery Farm Transit Log – SBT03B; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1377 – 1383 inclusive.

x)SBT04B    Southern Bluefin Tuna Fishery Farm Catch Disposal Record – SBT04B; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1384 -1387 inclusive.

y)SDS01      Australian Fish Export Statistical Document Program SDS01; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1404 – 1408 inclusive.

z)SWT01A   Southern and Western Finfish Trawl Daily Fishing Log SWT01A; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1426 – 1435 inclusive.

aa)SWT01B   Southern and Western Finfish Trawl Daily Fishing Log SWT01B; as published in the Commonwealth of Australia Gazette N0. C2016G00445 dated 1 April 2016.

bb)TPB02      Australian Purse Seine and Pole Daily Fishing Log TPB02; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1436 – 1440 inclusive.

cc)TPB03      Australian Purse Seine and Pole Daily Fishing Log – for Farmed Southern Bluefin Tuna Only TPB03; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1441 – 1448 inclusive.

dd)SCQ02      Commonwealth Scallop/Squid Catch Disposal Record SCQ02; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1396 - 1403 inclusive.

ee)SESS2A and SESS2B        Commonwealth Catch Disposal Document SESS2A and SESS2B; as published in the Commonwealth of Australia Gazette No.C2014G01056, Tuesday, 1 July 2014.

ff)SQ05        Squid Jigging Daily Fishing Log SQ05; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1418 - 1425 inclusive.

gg)Commonwealth Scallop Daily Fishing Log - SCA01B as published in the Commonwealth of Australia Gazette, C2017G01174, 3 November 2017.

hh)TR01        Trap Fishing Daily Fishing Log TR01; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1217 – 1226 inclusive.

ii)Transit Form CTF Commonwealth Managed Fisheries Transit Form CTF; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1261 – 1264 inclusive.

19.     A person will be taken to have complied with the requirement to complete and submit a logbook in accordance with clauses 5 through 17 if;

(a)    the person submits to AFMA by electronic transmission a record containing information in respect of all their fishing activities detailing relevant species taken for the period stated in the data;

(b)   the electronic transmission is in a form compatible with being received by AFMA; and

(c)    the person can subsequently produce a written acknowledgement from AFMA confirming that each record transmitted has been received and otherwise satisfactorily meets the obligations as to form and content requirements of the logbook determined in that clause.

Note: Guidance on how to complete electronic logbook submissions can be found on the AFMA website at or by calling AFMA Direct on 1300 723 621.

Note: The option to submit electronic transmissions in lieu of completing a logbook is not available for all methods in all fisheries. Where electronic transmission is not provided for, holders must complete and submit the logbook(s) specified in clauses 5 through 17 in accordance with its instructions.

20.     Electronic transmissions of data must cover the whole period of each fishing trip or a paper copy of the logbook must be provided.  All information so transmitted will be taken to be warranted by the sender to be accurate as if the concession holder had signed the logbook page. Information may only be corrected by the holder by a written notice to AFMA within 7 days following the acknowledgement referred to in clause 19(c) being sent to the holder.

Revocation of previous Determination

21.     This Determination amends the Logbooks for Fisheries Determination 2016 with effect from the commencement of this Determination.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

o = order(s)
ad = added or inserted Ord = Ordinance
am = amended orig = original
amdt = amendment par = paragraph(s)/subparagraph(s)
c = clause(s)     /sub‑subparagraph(s)
C[x] = Compilation No. x pres = present
Ch = Chapter(s) prev = previous
def = definition(s) (prev…) = previously
Dict = Dictionary Pt = Part(s)
disallowed = disallowed by Parliament r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have reloc = relocated
    effect renum = renumbered
F = Federal Register of Legislation rep = repealed
gaz = gazette rs = repealed and substituted
LA = Legislation Act 2003 s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
(md) = misdescribed amendment can be given Sdiv = Subdivision(s)
    effect SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment SR = Statutory Rules
    cannot be given effect Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification SubPt = Subpart(s)
No. = Number(s) underlining = whole or part not
    commenced or to be commenced

Endnote 3—Legislation history

Name FRLI registration Commencement Application, saving and transitional provisions
Logbooks for Fisheries Amendment Determination 2018 (No. 1) F2018L00498 21 April 2018

Endnote 4—Amendment history

Provision affected How affected

s. 2

s. 4

s. 10

s. 12

s. 17

s. 18

am. F2018L00498

am. F2018L00498

am. F2018L00498

am. F2018L00498

rs. F2018L00498

am. F2018L00498

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