EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the authority of the Managing Director of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Australian Pelagic Longline Daily Fishing Log, AL06 Determination 2007
The purpose of the Australian Pelagic Longline Daily Fishing Log, AL06 Determination 2007 (The Determination) is to replace the current log book (known as AL05) kept and maintained by holders of Commonwealth pelagic longline concessions with a new form of log book known as AL06.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 42(1) of the Fisheries Management Act 1991 (the Act) provides that:
AFMA may, by written Determination, in relation to a particular fishery, provide for holders of fishing concessions in respect of that fishery to keep and maintain logbooks containing information in respect of their activities in that fishery.
Subsection 42(1A) of the Act provides that:
without limiting the generality of subsection (1), a determination by AFMA in respect of a particular fishery may cover matters including the form and content of logbooks for that fishery to be kept by the concession holder.
Subsection 42(1B) of the Act provides that:
the content of the logbook kept by the holder of a fishing concession in respect of a particular fishery, and of any return of information from such a logbook, may extend to information in relation to the taking, carrying, transhipping and processing of fish under that fishing concession and the course or position inside, or outside, the outer limits of the AFZ of boats to which the fishing concession relates.
Background
The completion of a logbook is a requirement for all fishers operating in AFMA managed fisheries. Logbooks are the primary source of data on fishing activity. They provide essential data for the management of fisheries and are the primary source of data on fishing effort and fish catches for stock assessments.
Section 42 of the Act provides that AFMA may, by a written determination, in relation to a particular fishery, provide for holders of fishing concessions in respect of that fishery to keep and maintain logbooks containing information in respect of their activities in the fishery. This includes amendments to log book form and content.
The Australian Pelagic Longline Daily Fishing Log known as AL05 is the current form of logbook requiring holders of Commonwealth pelagic longline fishing concessions in the Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, Southern Bluefin Tuna Fishery and Christmas Island and Cocos (Keeling) Island Fishery to provide records of fishing position, fishing effort and fish catches.
The AL05 will be replaced with the Australian Pelagic Longline Daily Fishing Log known as AL06.
Objectives
To provide, under section 42 of the Act, the issue of a new logbook referred to as AL06, which reflects administrative changes and changes in reporting requirements on the part of fishers.
The Determination determines the form and content of the logbook to be kept and maintained by Commonwealth pelagic fishing concession holders in the Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, Southern Bluefin Tuna Fishery and Christmas Island and Cocos (Keeling) Island Fishery by reference to the AL06 logbook at Attachment A to the Determination. Copies of logbook known as AL06 can be obtained from the Australian Fisheries Management Authority.
The logbook known as AL06 differs from the logbook known as AL05 in the following respects:
- name change from AL05 to AL06
- Updated contact phone numbers for AFMA and added website address.
- All reference to minor line fishing has been removed as the AL06 is no longer to be used for minor line operations.
- Submission of time for log sheets has been changed from the 14th day of the following month to within three days of the consignment being unloaded or for fisheries with Catch Disposal Records log sheets are to be submitted along with the CDR sheets as per conditions of the CDRs.
Vessel and gear sheet page
5. Operators must now record vessel colour
6. Change of wording: ‘Permit Holder’ has been changed to ‘Concession Holder’
7. Removal of fields: mainline colour, wire leaders, bait thrower fitted and weights used. These were deemed unnecessary.
8. Insertion of field: Hook type, size and proportion of branchlines to which they are fitted.
9. Insertion of field: Vessel Master’s Experience.
Daily Fishing Log page
10. Removal of field: Time Zone Fished
11. Modification to how species targeted are indicated. The tick box beside species in the catch details section has been replaced by a written field in Shot Information. Operators now have to write the single species they are most likely to catch above each shot, prior to setting their gear. This makes the logbook consistent with other Commonwealth logbooks and enables operators to record if they have changed target species on a shot by shot basis where as the tick box only enabled them to record target species on a page basis. It is also believed operators will more accurately record target species if they have to write it and not just simply tick boxes.
12. Insertion of fields relating to Hauling: Start haul Time, start haul position, end haul time and end haul position.
13. Insertion of field: vessel shooting speed
14. Modification of field Average Target Depth to Targeted Depth minimum and maximum.
15. Removal of fields: sea surface temperature, wind direction and wind speed as these were seen as superfluous and space was is at a premium.
16. Modification of bait field: bait type, source (bought or self caught), status (live or dead) and weight (kg) can now be recorded for each shot. The AL05 did not permit the source of bait to change on a shot by shot basis.
17. Modification of pre-listed species: removed – northern bluefin tuna, blacktip shark, tiger shark, hammerhead shark, silky shark, porbeagle shark; changed Escolar (black oilfish) to oilfish/escolar; added shortbilled spearfish, mackerel and moonfish.
18. Insertion of field: Discard/Retained code. Operators must indicate the reason for discarding using the codes provided or if they have retained damaged fish they can indicate how much was damaged and cause (such as whale or shark depredation) This is to bring this logbook into line with AFMAs new policy on discarding and to gain an understanding of the nature and extent of depredation.
19. Removal of great white shark and grey nurse shark from no take species field as interactions with these species should be recorded on the threatened, endangered and protected species interaction forms that are now located in the AL06
20. Modification of field: Non-fish bycatch /interaction to ‘Did you have an interaction with a Listed Marine or Threatened Species?’ Operators must now indicate this by circling yes or no. If yes they must complete a Listed marine and threatened Species Form which is now located in the book. This makes the AL06 consistent with other Commonwealth logbooks.
21. Inclusion of Threatened, Endangered and Protected Species Interaction Form within the logbook. This is related to the above field and makes this logbook consistent with other Commonwealth logbooks and enables operators and AFMA meet reporting requirements under the EPBC Act.
22. Insertion of field to indicate if an observer was on board the vessel and the observer trip ID number. This is to improve cross referencing log sheets once in the office.
23. Removal of field: First Fish Receiver of fish
Consultation
Eastern Tuna MAC and Western Tuna MAC were consulted and amendments in relation to comments provided were made where possible. No other consultation was undertaken as the Determination is minor or machinery in nature.
Regulation Impact Statement
A Regulation Impact Statement is not required on the basis that the Determination is of a minor or machinery nature that does not substantially alter existing arrangements. This assessment was made by AFMA based on previous advice from the Office of Best Practice Regulation in relation to changes to logbook form and content under section 42 of the Act.
The Act does not specify any condition as needing to be met before the power to make the Determination may be exercised.
Determination
The details of this Determination are set out below:
Paragraph 1
Paragraph 1 provides for the Determination to be cited as the Australian Pelagic Longline Daily Fishing Log AL06, 2007.
Paragraph 2
Paragraph 2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 3
Paragraph 3 defines the terms:
Eastern Tuna and Billfish Fishery
Western Tuna and Billfish Fishery
Southern Bluefin Tuna Fishery
Christmas Island and Cocos (Keeling) Island Fishery
Paragraph 4
Paragraph 4 determines the form and content of the logbook known as AL06 to be kept and maintained by all Commonwealth pelagic longline fishing concession holders.