Commonwealth North West Slope Daily Fishing Log Determination 2007

Administered by Department of Agriculture

Legislation au F2007L04350 Not in force Legislative Instrument

Legislation content

 EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Fisheries Management Act 1991

 

Commonwealth North West Slope Daily Fishing Log Determination 2007

 

The purpose of the Commonwealth North West Slope Daily Fishing Log Determination 2007 (The Determination) is to replace the current log book (known as NWS03) kept and maintained by holders of North West Slope Trawl Fishery (NWSTF) concession with a new form of log book known as NWS04.

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 North West Slope daily fishing log known as NWS03 is the current form of logbook requiring holders of North West Slope Trawl fishing concessions i` the Western Trawl Fishery to provide records of fishing position, fishing effort and fish catches.

 

The NWS03 will be replaced with the North West Slope Daily Fishing Log known as NWS04.

 

Objectives

 

To provide, under section 42 of the Act, the issue of a new logbook referred to as NWS04, 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 North West Slope fishing concession holders in the Western Trawl Fishery by reference to the NWS04 logbook at Attachment A to the Determination. Copies of logbook known as NWS04 can be obtained from the Australian Fisheries Management Authority.

The logbook known as NWS04 differs from the logbook known as NWS03 in the following respects:

  1. Updated contact phone numbers for AFMA and added website address.
  2. Submission time changed from 14th day of the following month to 3 days to make this book consistent with other Commonwealth logbooks and to encourage prompt return of logsheets.
  3. Inclusion of ‘searching’ in the non fishing code, as this field was not captured before. 
  4. Instructions have been amended to accommodate the following changes to the daily catch and effort log sheets:
    1. Inclusion of ‘Target species’ as a field at the request of Western Trawl Fisheries Management Advisory Committee (WestMAC) and for compliance reasons. Operators must now indicate the single species they are most likely to catch prior to setting their gear.
    2. The species list has been altered to enable operators to record both species and the relevant grade for each species caught where appropriate. This will make it easier for operators to record their catch and improve data collection as the previous logbook did not provide for the linking of scampi species to the relevant grade if more than one species of scampi was caught.
  5. Removal of fields: ‘ Box, Master Carton, Total weight and Average Weight’ as they were deemed not relevant to this logbook.
  6. Addition of fields ‘Whole Weight Kept, Weight Discarded and Discard Code’.  Operators must now record the weight retained, weight discarded and discard code of all catch. This makes the NWS04 consistent with Commonwealth policy on discarding and other Commonwealth logbooks.
  7. The number of shots per page has been reduced from 4 shots per page to 3 to accommodate the new layout of the logbook.
  8. Removal of the tally column as it was considered unnecessary.

 

Consultation

 

WestMAC was consulted in relation to the amendments to the logbook; and all agreed to the changes. 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 Commonwealth North West Slope Daily Fishing Log 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 term “North West Slope Fishery”.

 

Paragraph 4

 

Paragraph 4 determines the form and content of the logbook known as NWS04 to be kept and maintained by all North West Slope Trawl Fishery permit holders

 

 

Overview

The Commonwealth North West Slope Daily Fishing Log Determination 2007 was enacted to update and replace the existing logbook used by holders of North West Slope Trawl Fishery concessions under the Fisheries Management Act 1991. This legislative instrument was introduced to address the need for a revised logbook that reflects administrative changes and updated reporting requirements for fishers in the Western Trawl Fishery. The Australian Fisheries Management Authority (AFMA) has the authority to make such determinations under section 42 of the Act, which allows for the specification of logbook forms and contents. The primary policy objective of this Determination is to enhance the accuracy and timeliness of data collection on fishing activities and catches, thereby improving the management and assessment of the fishery. The updated logbook, referred to as NWS04, includes modifications such as new fields for target species and discard codes, as well as changes to the logbook's layout and submission requirements, all of which aim to streamline reporting and data collection processes. The Determination was developed following consultations with the Western Trawl Fisheries Management Advisory Committee, and it was deemed that a Regulation Impact Statement was not necessary as the changes were considered minor and of a machinery nature. The Determination specifies the form and content of the new logbook, NWS04, which replaces the previous logbook, NWS03, and is effective from the date it is registered on the Federal Register of Legislative Instruments. The updated logbook aims to align with AFMA’s policy on discarding and other Commonwealth logbooks, ensuring consistency and facilitating better data management for fishery conservation and assessment purposes.

Scope and Application

The Commonwealth North West Slope Daily Fishing Log Determination 2007 applies to holders of North West Slope Trawl Fishing concessions in the Western Trawl Fishery. This legislation mandates that concession holders must keep and maintain a logbook, specifically the NWS04, detailing their fishing activities, including fishing position, effort, and catches. The geographic reach of the Act is limited to the North West Slope Fishery in Australian waters, overseen by the Australian Fisheries Management Authority (AFMA). The Act provides AFMA the authority to specify the form and content of logbooks for particular fisheries, ensuring that the logbooks contain essential data for managing fisheries and conducting stock assessments. There are no stated exclusions or exemptions within this Determination; it applies uniformly to all relevant concession holders. The Determination extends the application of the Fisheries Management Act 1991 by detailing specific requirements for the logbooks used in the North West Slope Trawl Fishery.

Key Provisions

The Commonwealth North West Slope Daily Fishing Log Determination 2007, which is a legislative instrument under the Fisheries Management Act 1991 (section 42), mandates that holders of North West Slope Trawl Fishery concessions must adopt a new logbook format, referred to as NWS04. This Determination replaces the existing logbook, NWS03, and outlines specific requirements for the new logbook's form and content. These changes aim to reflect administrative updates and altered reporting obligations for fishers in the Western Trawl Fishery. The updated logbook includes new fields such as 'Target species', 'Whole Weight Kept', 'Weight Discarded', and 'Discard Code', and removes certain fields like 'Box', 'Master Carton', 'Total Weight', and 'Average Weight'. Additionally, the logbook now requires operators to indicate the species they are most likely to catch before setting their gear and to record both species and relevant grades for each catch. The Determination imposes specific obligations on North West Slope Trawl Fishery permit holders to accurately and comprehensively maintain the new logbook, NWS04. These obligations include updating contact details for the Australian Fisheries Management Authority (AFMA), adhering to a revised submission timeline, and accurately recording all relevant fishing activities. Permit holders must submit their logbooks within three days, which is a change from the previous 14-day period, aligning the logbook submission with other Commonwealth logbooks to ensure timely data collection. The logbook must also include details such as fishing positions, fishing efforts, and fish catches, as well as new fields like 'Target species', 'Whole Weight Kept', 'Weight Discarded', and 'Discard Code'. Failure to comply with the requirements set forth in the Determination can result in civil and criminal penalties. The Fisheries Management Act 1991 stipulates that non-compliance with logbook requirements can lead to fines and potential prosecution. The maximum penalties for breaches may include substantial fines, reflecting the importance of accurate and timely data collection for effective fisheries management. While specific penalty amounts are not detailed in the Determination, the seriousness of non-compliance is underscored by the potential legal repercussions, which serve to ensure that fishers adhere to the new logbook requirements.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.