EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the authority of the General Manager Operations of the Australian Fisheries Management Authority
Fisheries Management Act 1991
SCQO2 Determination 2005 (the Determination)
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 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 that fishery.
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 of fish under that fishing concession and the sale or disposal of such fish.
The SCQ02 is a form of logbook requiring holders of fishing concessions in the Southern Squid Fishery and the Bass Strait Central Zone Scallop Fishery to provide records of the disposal of catch to fish receiver permit holders.
The determination determines the form and content of the logbook to be kept and maintained by all concession holders of the Bass Strait Central Zone Scallop Fishery by reference to the SCQ02 logbook at Attachment A to the determination. Copies of the SCQ02 can be obtained from the Australian Fisheries Management Authority.
Consultation on the revised SCQ02 logbook was undertaken prior to the determination. The implementation of a catch disposal record system for the Southern Squid Jig Fishery was a recommendation of an Independent Advisory Panel review of the Southern Squid Jig Fishery to provide for the verification of catch landed in the Fishery. The SCQ02 also replaces the existing Catch Disposal Record for Bass Strait Central Zone Scallop Fishery.
The implementation of the SCQ02 has been approved by the Southern Squid Fishery Management Advisory Committee and the Bass Strait Scallop Management Advisory Committee.
The Office of Regulation Review has advised that a Regulation Impact Statement is not mandatory on the basis that the determination is of a minor or machinery nature and does not substantially alter existing arrangements (ID 6489).
The Act does not specify any condition as needing to be met before the power to make the determination may be exercised.
Details of the determination, which commenced on the day after it was registered on the Federal Register of Legislative Instruments, are set out below:
Paragraph 1
Paragraph 1 provides for the determination to be cited as the SCQ02 Determination 2005.
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 “Southern Squid Fishery and Bass Strait Central Zone Scallop Fishery”
Paragraph 4
Paragraph 4 determines the form and content of the logbook to be kept and maintained by all concession holders for the Southern Squid Fishery and the Bass Strait Central Zone Scallop Fishery.
Overview
The Fisheries Management Act 1991, enacted by the Australian Parliament, aims to manage and conserve Australia's fisheries and aquatic resources. The SCQ02 Determination 2005, a legislative instrument issued under the authority of the General Manager Operations of the Australian Fisheries Management Authority (AFMA), addresses the need for accurate record-keeping in the Southern Squid Fishery and the Bass Strait Central Zone Scallop Fishery. The primary objective of this determination is to ensure that all holders of fishing concessions in these fisheries maintain logbooks that detail the disposal of their catch to fish receiver permit holders, in line with the SCQ02 logbook format. This regulation was introduced following recommendations from the Independent Advisory Panel review and is intended to enhance the verification of catches landed in the fisheries, thus supporting sustainable management practices. The determination was developed in consultation with relevant management advisory committees and does not require a Regulation Impact Statement as it is deemed to be of a minor or machinery nature.
Scope and Application
The SCQ02 Determination 2005 is a legislative instrument issued under the Fisheries Management Act 1991, which applies to holders of fishing concessions in the Southern Squid Fishery and the Bass Strait Central Zone Scallop Fishery. This Determination mandates that these concession holders keep and maintain specific logbooks, referred to as SCQ02, to record information about their activities, including the disposal of catch to fish receiver permit holders. This requirement extends to the recording of information related to the taking of fish under the fishing concession and the subsequent sale or disposal of such fish, as stipulated by the Act. The SCQ02 logbook format is detailed in Attachment A to the determination, and copies can be obtained from the Australian Fisheries Management Authority. The Determination came into effect on the day after its registration on the Federal Register of Legislative Instruments, and it is designed to ensure that the fishing activities within these fisheries are properly documented and regulated. This Determination is an application of the broader provisions of the Fisheries Management Act 1991, which allows the Australian Fisheries Management Authority to specify the form and content of logbooks for particular fisheries.
Key Provisions
The SCQ02 Determination 2005, under the Fisheries Management Act 1991 (sections 42(1) and 42(1B)), mandates that all holders of fishing concessions in the Southern Squid Fishery and the Bass Strait Central Zone Scallop Fishery must keep and maintain logbooks. These logbooks must include details of their activities, the taking of fish under their concessions, and the sale or disposal of these fish. The specific form and content of the logbook are outlined in Attachment A to the determination, which refers to the SCQ02 logbook. This logbook is designed to capture records of the disposal of catch to fish receiver permit holders.
Concession holders are required to ensure that their logbooks meet the specified format and content as determined by the SCQ02. They must record all necessary information accurately and maintain these records for the duration required by the authority. Failure to comply with these logbook requirements can result in administrative or legal consequences. The Australian Fisheries Management Authority (AFMA) has the power to request and inspect these logbooks to ensure compliance with the provisions of the Determination.
The SCQ02 Determination 2005 introduces specific obligations for concession holders in the fisheries it governs. These obligations include maintaining detailed and accurate logbooks that document all activities, catches, and disposals as specified. Concession holders must ensure that their logbooks adhere to the format prescribed by the SCQ02 and must be readily available for inspection by AFMA. This requirement is critical for the effective management and monitoring of the fisheries, ensuring transparency and accountability in the fishing activities within these zones.
Breaches of the logbook requirements under the SCQ02 Determination 2005 may lead to civil or criminal consequences. The exact nature and severity of these consequences depend on the extent and nature of the breach. Under the Fisheries Management Act 1991, penalties can include fines and, in severe cases, the suspension or revocation of fishing concessions. The specific penalties are not detailed in the Determination but would be determined according to the provisions of the Act and any relevant regulations. Compliance with the logbook requirements is therefore essential to avoid these potential consequences.