EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the authority of the Executive Manager Fisheries, of the Australian Fisheries Management Authority
Fisheries Management Act 1991
SESS2A Determination 2005.
The proposed SESS2A 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, South Tasman Rise Fishery, Coral Sea Fishery and High Seas Fishery. Copies of the Commonwealth Catch Disposal Record (SESS2A) 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 for the proposed Determination as it is of a minor or machinery nature and does not substantially alter existing arrangements (ORR ID 7754).
Consultation
Consultation was undertaken with 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.
SESS2A Determination 2005 commences on the day after registration on the Federal Register of Legislative Instruments.
Details of the determination are set out below:
Clause 1 | Paragraph 1 provides for the Determination to be cited as the SESS2A 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”, “South Tasman Rise Fishery”, “Coral Sea Fishery” and “High Seas Fishery”. |
Clause 4 | Paragraph 4 determines the form and content of the Commonwealth Catch Disposal Record (SESS2A) to be kept and maintained by relevant concession holders for the Southern and Eastern Scalefish and Shark Fishery, South Tasman Rise Fishery, Coral Sea Fishery and High Seas Fishery. |
Overview
The SESS2A Determination 2005 is a legislative instrument made under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA). This determination was introduced to address the need for detailed and verified records of fish catches within specified fisheries. It aims to ensure that holders of fishing concessions maintain accurate logbooks, which are essential for the effective management and regulation of fish stocks. By specifying the form and content of these logbooks, the Determination seeks to enhance the monitoring and compliance processes within the Southern and Eastern Scalefish and Shark Fishery, South Tasman Rise Fishery, Coral Sea Fishery, and High Seas Fishery. The policy objective is to support sustainable fisheries management by providing AFMA with the necessary data to enforce regulations and protect marine resources.
Scope and Application
The SESS2A Determination 2005 is a legislative instrument under the Fisheries Management Act 1991, which applies to holders of fishing concessions and Fish Receiver Permit Holders in the Southern and Eastern Scalefish and Shark Fishery, South Tasman Rise Fishery, Coral Sea Fishery and High Seas Fishery. It mandates these entities to keep and maintain a logbook, specifically the Commonwealth Catch Disposal Record (SESS2A), which details information about fish catches, including the taking, carrying, landing, transhipping, processing, and sale of fish. The logbook must adhere to the form and content specified in the Determination, which includes secure storage, retention period, and the furnishing of the logbook and its information to the Australian Fisheries Management Authority (AFMA). The scope of the Act encompasses the geographic areas of the mentioned fisheries and extends to the outer limits of the Australian Fishing Zone (AFZ). The Act does not specify any exclusions or exemptions but is supported by subordinate instruments that provide further detail on the form and content of the logbook. The Determination came into effect on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the SESS2A Determination 2005, as referenced in the Explanatory Statement, specify that the Australian Fisheries Management Authority (AFMA) can require holders of fishing concessions in the Southern and Eastern Scalefish and Shark Fishery, South Tasman Rise Fishery, Coral Sea Fishery and High Seas Fishery to keep and maintain logbooks containing specific information about their activities (subsections 42(1), 42(1A) and 42(1B) of the Fisheries Management Act 1991). These logbooks must detail information about the taking, carrying, landing, transhipping, processing and sale of fish, as well as the course or position of the boats. Clause 4 of the Determination sets out the form and content of the Commonwealth Catch Disposal Record (SESS2A) to be maintained by relevant concession holders for these fisheries.
The SESS2A Determination 2005 imposes several obligations on the parties it governs. Firstly, concession holders must keep and maintain accurate logbooks that contain detailed information about their fishing activities as specified in the Determination. This includes maintaining records of fish catches, transhipments, processing and sales, as well as the geographical location of fishing activities. Additionally, concession holders are required to ensure that their logbooks are in the prescribed form, securely stored, and retained for the specified period. They must also furnish their logbooks and the information contained within to AFMA when requested.
Breach of the requirements set out in the SESS2A Determination 2005 may result in civil or criminal consequences. Under the Fisheries Management Act 1991, failure to keep and maintain logbooks as required or providing false information in the logbooks can lead to penalties. The maximum penalty for each offence is detailed in section 42(4) of the Act, which stipulates a fine of up to $10,000 for individuals and $50,000 for bodies corporate. Additionally, persistent or serious non-compliance may result in the suspension or cancellation of fishing concessions. These penalties underscore the importance of adhering to the requirements of the Determination to avoid legal repercussions.