EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the authority of the Executive Manager Fisheries of the Australian Fisheries Management Authority
Fisheries Management Act 1991
SWT01A 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(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 relate.
The SWT01A is a form of logbook requiring holders of fishing concessions in the Southern and Eastern Scalefish and Shark Fishery, Small Pelagic Fishery and Western Deepwater Trawl Fishery to provide records of fishing position, fishing effort and fish catches.
The SWT01A amends the format of the current SWT01 logbook for the Southern and Eastern Scalefish and Shark Fishery, Small Pelagic Fishery and Western Deepwater Trawl Fishery. The SWT01A has been modified to include columns for operators to record fish discard information on a shot by shot basis. The modification to all Commonwealth logbooks to enable the collection of discard information is ongoing and is undertaken only when logbook stocks are due for replenishment.
The respective Management Advisory Commetties for each of the fisheries that will be required to complete SWT01A logbook were formally consulted and have approved the introduction of discard columns.
The determination determines the form and content of the logbook to be kept and maintained by all concession holders of the Southern and Eastern Scalefish and Shark Fishery, Small Pelagic Fishery and Western Deepwater Trawl Fishery by reference to the SWT01A logbook at Attachment A to the determination. Copies of the SWT01A can be obtained from the Australian Fisheries Management Authority.
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 7278).
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 SWT01A 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 and Eastern Scalefish and Shark Fishery, Small Pelagic Fishery and Western Deepwater Trawl 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 and Eastern Scalefish and Shark Fishery, Small Pelagic Fishery and Western Deepwater Trawl Fishery.
Overview
The Fisheries Management Act 1991 was enacted to provide for the management of fisheries in Australian waters and to establish the Australian Fisheries Management Authority (AFMA). The Act was introduced to address the need for effective management and regulation of Australia's fishing resources to ensure sustainability and conservation. The SWT01A Determination 2005, issued under the authority of the Executive Manager Fisheries of AFMA, is a legislative instrument made under subsection 42(1) of the Fisheries Management Act 1991. The determination aims to standardise the form and content of logbooks for the Southern and Eastern Scalefish and Shark Fishery, Small Pelagic Fishery, and Western Deepwater Trawl Fishery by adopting the SWT01A logbook format, which includes provisions for recording discard information on a shot-by-shot basis. This change was approved by the relevant Management Advisory Committees and is intended to enhance the collection of data relating to fishing activities and discards, thereby supporting more effective fisheries management.
Scope and Application
The SWT01A Determination 2005 applies to concession holders within the Southern and Eastern Scalefish and Shark Fishery, Small Pelagic Fishery, and Western Deepwater Trawl Fishery, requiring them to maintain logbooks that comply with the specified SWT01A format. This requirement extends to all entities and individuals holding fishing concessions in these fisheries, encompassing their activities such as fishing position, effort, and fish catches, as well as discard information on a shot-by-shot basis. The determination is a legislative instrument under the Fisheries Management Act 1991 and has a national jurisdictional reach, applying across the Commonwealth of Australia. There are no stated exclusions or exemptions, and the Act does not impose any specific thresholds for the application of this determination. The SWT01A Determination 2005 extends the application of the Act by specifying detailed logbook requirements for these fisheries, which are managed by the Australian Fisheries Management Authority.
Key Provisions
The main operative sections of the SWT01A Determination 2005, as referenced in subsections 42(1), 42(1A) and 42(1B) of the Fisheries Management Act 1991, establish the requirements for concession holders to maintain logbooks for specified fisheries. Section 42(1) allows the Australian Fisheries Management Authority (AFMA) to mandate that concession holders keep logbooks containing information about their fishing activities. Section 42(1A) further specifies that these logbooks may include prescribed forms and content. Section 42(1B) then outlines the type of information that can be included in these logbooks, such as data on fish catches, positions, and processing activities. The SWT01A Determination 2005 amends the existing logbook format to incorporate additional columns for recording fish discard information on a shot-by-shot basis for the Southern and Eastern Scalefish and Shark Fishery, Small Pelagic Fishery, and Western Deepwater Trawl Fishery.
The SWT01A Determination 2005 imposes specific obligations on concession holders in the designated fisheries. These obligations include maintaining logbooks in the format prescribed by the SWT01A, which includes new columns for recording discard information. The logbooks must capture detailed data on fishing positions, effort, and fish catches, as well as fish discard information for each fishing shot. This requirement ensures that comprehensive and accurate data is collected to aid in the management and regulation of these fisheries. The form SWT01A, which includes these specifications, can be obtained from AFMA. The Management Advisory Committees for each of the fisheries involved have reviewed and approved the introduction of these discard columns, ensuring that the changes align with the needs and practices of the fishing industry.
The Fisheries Management Act 1991 does not explicitly outline offences or penalties for non-compliance with the SWT01A Determination 2005. However, failure to comply with the logbook requirements could potentially lead to enforcement actions under other provisions of the Act or related legislation. Non-compliance might result in administrative penalties, fines, or other regulatory actions aimed at ensuring adherence to fisheries management regulations. Although the specific penalties are not detailed in the Determination, the overarching framework of the Fisheries Management Act provides a basis for enforcing compliance and addressing breaches. The Office of Regulation Review has confirmed that a Regulation Impact Statement is not mandatory for this determination due to its minor nature and the absence of substantial changes to existing arrangements.