EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Determination 109, 2007 (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.
Background
The NP15 is a form of logbook requiring holders of fishing concessions in the Northern Prawn 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 Northern Prawn Fishery by reference to the NP15 logbook at Attachment A to the determination. Copies of the NP15 can be obtained from the Australian Fisheries Management Authority.
Consultation
Consultation was undertaken with the Northern Prawn Fishery Management Advisory Committee, the Bycatch Sub-committee and Resource Assessment Group. All groups agreed that it was important for sawfish interactions to be recorded and noted that being able to record interactions in the logbook would assist this.
Regulation Impact Statement
The Office of Regulation Review 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 8967).
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 Determination 109.
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 “Northern Prawn Fishery”.
Paragraph 4
Paragraph 4 defines the term “distinguishing mark”.
Paragraph 5
Paragraph 5 defines the term “NP15 Daily Fishing Log”.
Paragraph 6
Paragraph 6 determines the NP 15 will be the form and content of the logbooks that must be used to record information about the taking of prawns by all concession holders for the Northern Prawn Fishery.
Paragraph 7
Paragraph 7 determines the NP 15 will be the form and content of logbooks for all concession holders for the Northern Prawn Fishery from the date of commencement.
Overview
The Fisheries Management Act 1991, enacted by the Australian Parliament, provides the Australian Fisheries Management Authority (AFMA) with the power to issue determinations regarding the logbooks that holders of fishing concessions must maintain. Specifically, the Act allows AFMA to specify the form and content of logbooks for particular fisheries, including information on fishing activities, fish catches, and vessel positions. The Determination 109, 2007, under the Fisheries Management Act 1991, addresses the need for standardised logbook requirements in the Northern Prawn Fishery. This legislative instrument was introduced to ensure that all concession holders in the Northern Prawn Fishery use a uniform logbook format, namely the NP15, which records details such as fishing positions, efforts, and interactions with sawfish. The policy objective behind this determination is to standardise record-keeping practices to facilitate better management and monitoring of the fishery.
Scope and Application
The Determination 109, 2007, made under the Fisheries Management Act 1991, specifically applies to all holders of fishing concessions within the Northern Prawn Fishery. This legislation mandates that these concession holders must maintain logbooks according to the NP15 format, which encompasses detailed records of fishing position, effort, and catch data. The Determination is effective throughout the Commonwealth of Australia, governing fisheries under federal jurisdiction. While the Act does not impose specific conditions or thresholds for its application, it does allow the Australian Fisheries Management Authority (AFMA) to further define and refine the requirements through subordinate instruments. The determination ensures a standardised approach to logbook keeping across the fishery, facilitating better management and monitoring of fishing activities. Importantly, the Determination does not exclude any concession holders from its scope, thereby ensuring comprehensive compliance and data collection across the entire Northern Prawn Fishery.
Key Provisions
The Determination 109, 2007 sets out specific requirements and obligations for holders of fishing concessions in the Northern Prawn Fishery, as per sections 42(1), 42(1A), and 42(1B) of the Fisheries Management Act 1991. This legislative instrument mandates that all concession holders in the Northern Prawn Fishery must keep and maintain logbooks that adhere to the form and content specified in the NP15 logbook, as detailed in Attachment A of the Determination. This logbook must capture comprehensive details about fishing activities, including position, effort, and catches, and any interactions with sawfish, as agreed upon by the Northern Prawn Fishery Management Advisory Committee, the Bycatch Sub-committee, and the Resource Assessment Group.
The obligations imposed on the concession holders by this Determination are significant. Firstly, they must ensure that their logbooks strictly follow the NP15 format. This includes recording precise information about the location of fishing activities, the amount of effort expended, and the quantities and types of fish caught. Additionally, any interactions with sawfish must be meticulously documented. Concession holders are also required to maintain these logbooks accurately and make them available for inspection by authorised officers of the Australian Fisheries Management Authority (AFMA) as stipulated in section 42(1) of the Act.
Failure to comply with the requirements set out in the Determination may result in legal consequences. Under the Fisheries Management Act 1991, any breach of the logbook requirements can lead to civil penalties. Specifically, section 474 of the Act outlines that an individual or corporation found guilty of an offence related to the keeping and maintenance of logbooks can be fined up to 50 penalty units for an individual and 250 penalty units for a corporation. Furthermore, continued non-compliance or repeated offences may result in more severe penalties, including potential criminal charges and additional fines. These provisions are designed to ensure that fishing activities are transparent, well-documented, and managed sustainably within the Northern Prawn Fishery.