EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the authority of the Executive Manager Fisheries, of the Australian Fisheries Management Authority
Fisheries Management Act 1991
GAB2B Determination 2005.
The proposed GAB2B Determination 2005 (the Determination) would be 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(1A) of the Act provides that 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, the secure storage, period of retention and the furnishing to AFMA of the logbook and information contained within.
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, landing, transhipping, processing and sale 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 relate.
The Fishery
The logbook will be required to be used by holders of relevant fishing concessions in the Southern and Eastern Scalefish and Shark Fishery and relevant Fish Receiver Permit Holders, to provide verified records of fish catches.
The Determination determines the form and content of the logbook to be kept and maintained by all relevant concession holders of the Southern and Eastern Scalefish and Shark Fishery. Copies of the Great Australian Bight Trawl Fishery Catch Disposal Record (GAB2B) can be obtained from the Australian Fisheries Management Authority.
Regulation Impact Statement
The Office of Regulation Review (ORR) has advised that a Regulation Impact Statement is not required on the basis that the determination is of a minor or machinery nature and does not substantially alter existing arrangements (ORR ID 7754).
Consultation
Consultation was undertaken with the relevant industry representatives of the Southern and Eastern Scalefish and Shark Fishery.
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:
Clause 1 | Paragraph 1 provides for the Determination to be cited as the GAB2B Determination 2005. |
Clause 2 | Paragraph 2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments. |
Clause 3 | Paragraph 3 defines the term “Southern and Eastern Scalefish and Shark Fishery”. |
Clause 4 | Paragraph 4 determines the form and content of the Great Australian Bight Trawl Fishery Catch Disposal Record (GAB2B) to be kept and maintained by relevant concession holders for the Southern and Eastern Scalefish and Shark Fishery. |
Overview
The GAB2B Determination 2005 was introduced under the authority of the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA). This legislative instrument aims to ensure that holders of fishing concessions in the Southern and Eastern Scalefish and Shark Fishery keep and maintain detailed logbooks to accurately record their activities. The primary objective of this determination is to provide verified records of fish catches, thereby supporting the sustainable management and conservation of fish stocks in the specified fishery. The enactment of this determination addresses the need for precise and comprehensive documentation of fishing activities, which is essential for effective fisheries management. The Determination specifies the form and content of the logbooks, including details about the taking, carrying, landing, transhipping, processing, and sale of fish, as well as the geographical location of fishing activities. The Determination was issued following consultations with industry representatives and was deemed to be of minor regulatory impact, thus not requiring a Regulation Impact Statement.
Scope and Application
The GAB2B Determination 2005 applies to holders of fishing concessions and relevant Fish Receiver Permit Holders in the Southern and Eastern Scalefish and Shark Fishery within the Commonwealth of Australia. The legislation mandates these entities to maintain logbooks that contain detailed records of their fishing activities, including the taking, carrying, landing, transhipping, processing, and sale of fish, as well as the course or position of boats outside the Australian Fisheries Zone. This requirement is established under subsection 42(1) of the Fisheries Management Act 1991, which allows the Australian Fisheries Management Authority (AFMA) to specify the form, content, secure storage, retention period, and submission of logbooks to AFMA. The content of these logbooks can extend to various aspects of fish handling and location data as stipulated in subsection 42(1B) of the Act. The Determination is a legislative instrument created under the Fisheries Management Act 1991, and it came into effect on the day after its registration on the Federal Register of Legislative Instruments. There are no specified conditions, exclusions, or exemptions mentioned in the Act for exercising this power.
Key Provisions
The main operative sections of the GAB2B Determination 2005 (Clause 4) require that holders of fishing concessions in the Southern and Eastern Scalefish and Shark Fishery and relevant Fish Receiver Permit Holders keep and maintain logbooks that detail their fishing activities. These logbooks must adhere to the specified form and content as outlined in the Determination. Specifically, they need to record information related to the taking, carrying, landing, transhipping, processing, and sale of fish, as well as the location of the fishing activities. This ensures that there is a verified record of fish catches that can be reviewed by the Australian Fisheries Management Authority (AFMA).
The Determination imposes several obligations on the parties it governs. Firstly, concession holders must ensure that the logbooks are in the correct form as specified and contain all required information. This includes maintaining the logbooks in a secure manner and retaining them for the period stipulated by the Determination. Additionally, concession holders are required to furnish the logbooks and the information contained within to AFMA upon request. This allows for effective monitoring and management of the fishery by AFMA.
Any breaches of the requirements set out in the GAB2B Determination 2005 can result in both civil and criminal consequences. Although the specific penalties are not detailed in the Determination, under the Fisheries Management Act 1991, breaches of the Act can lead to significant fines. The maximum penalties can vary depending on the nature and severity of the breach but are designed to enforce compliance and deter non-compliance. AFMA has the authority to take action against those who fail to adhere to the requirements, which may include legal proceedings and financial penalties.