EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the authority of the Executive Manager Fisheries of the Australian Fisheries Management Authority
Fisheries Management Act 1991
EFT01A 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 EFT01A is a form of logbook requiring holders of fishing concessions in the Southern and Eastern Scalefish and Shark Fishery, South Tasman Rise Fishery, Small Pelagic Fishery and Norfolk Island Offshore Demersal Finfish Fishery to provide records of fishing position, fishing effort and fish catches.
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, South Tasman Rise Fishery, Small Pelagic Fishery and Norfolk Island Offshore Demersal Finfish Fishery by reference to the EFT01A logbook at Attachment A to the determination. Copies of the EFT01A can be obtained from the Australian Fisheries Management Authority.
No Consultation was undertaken as the Determination is minor or machinery in nature. 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 7277).
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 EFT01A 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, South Tasman Rise Fishery, Small Pelagic Fishery and Norfolk Island Offshore Demersal Finfish 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, South Tasman Rise Fishery, Small Pelagic Fishery and Norfolk Island Offshore Demersal Finfish Fishery.
Overview
The EFT01A Determination 2005 was enacted under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA). This legislative instrument aims to address the need for standardised record-keeping among concession holders in specific fisheries, including the Southern and Eastern Scalefish and Shark Fishery, the South Tasman Rise Fishery, the Small Pelagic Fishery, and the Norfolk Island Offshore Demersal Finfish Fishery. The Determination was introduced to ensure that concession holders maintain logbooks that detail their fishing activities, including position, effort, and fish catches, in a prescribed format as outlined by the EFT01A logbook. This initiative aligns with the policy objective of enhancing the management and sustainability of Australian fisheries by providing accurate and consistent data for regulatory and conservation purposes. The Determination came into effect on the day following its registration on the Federal Register of Legislative Instruments.
Scope and Application
The EFT01A Determination 2005 applies specifically to holders of fishing concessions in the Southern and Eastern Scalefish and Shark Fishery, South Tasman Rise Fishery, Small Pelagic Fishery, and Norfolk Island Offshore Demersal Finfish Fishery. These individuals and entities are mandated to maintain detailed logbooks as per the format and content stipulated in the EFT01A, which serves as a structured record of their fishing activities, including details such as fishing positions, efforts, and catches. The Determination is issued under the authority of the Fisheries Management Act 1991 and extends to the national jurisdiction of Australia, thereby impacting all concession holders within the specified fisheries nationwide. The requirement to keep and maintain these logbooks is a critical regulatory measure to ensure transparency and compliance in the management of Australia’s marine resources, reflecting the Commonwealth's commitment to sustainable fisheries practices.
Key Provisions
The EFT01A Determination 2005, under the Fisheries Management Act 1991, mandates the form and content of logbooks that holders of fishing concessions must maintain for specific fisheries. These fisheries include the Southern and Eastern Scalefish and Shark Fishery, the South Tasman Rise Fishery, the Small Pelagic Fishery, and the Norfolk Island Offshore Demersal Finfish Fishery. As outlined in sections 42(1), 42(1A) and 42(1B) of the Act, the logbooks must include details about fishing activities, including the taking, carrying, transhipping, and processing of fish, as well as the location of fishing operations. The specific requirements are detailed in Attachment A to the Determination, which refers to the EFT01A logbook form. This form requires concession holders to record information such as fishing position, fishing effort, and fish catches.
The obligations imposed on concession holders by this Determination are primarily administrative. They must ensure that their logbooks are kept in accordance with the EFT01A format, which includes the collection and maintenance of precise and accurate records of their fishing activities. This includes recording specific details such as the date, time, location, type of fish caught, and quantities, which are critical for monitoring and managing these fisheries effectively. Failure to maintain these logbooks as specified could lead to difficulties in compliance with broader fisheries management regulations and could potentially affect the concession holders' operations.
Breach of the obligations set forth in the Determination may lead to civil or criminal consequences. While the Determination does not explicitly state penalties, breaches of the Fisheries Management Act 1991 or associated regulations can result in substantial fines and other enforcement actions. For instance, non-compliance with logbook requirements could be viewed as a failure to comply with the conditions of the fishing concession, which can lead to the revocation of the concession. Additionally, any misrepresentation or falsification of information in the logbooks could result in criminal charges under the Act, with potential penalties including fines and imprisonment.