EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the authority of the Managing Director of the Australian Fisheries Management Authority
Fisheries Management Act 1991
EFT01B Determination (1) 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:
The Australian Fisheries Management Authority (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 completion of a logbook is a requirement for all fishers operating in AFMA managed fisheries. Logbooks are the primary source of data on fishing activity. They provide essential data for the management of fisheries and are the primary source of data on fishing effort and fish catches for stock assessments.
Section 42 of the Act requires that all new or amended logbooks are determined under subsection 42(1) of the Act. This includes amendments to logbook form and content.
The Eastern Finfish Trawl Daily Fishing Log known as EFT01A is the current form of logbook requiring holders of trawl fishing concessions in the Southern and Eastern Scalefish and Shark Fishery, East Coast Deepwater Zone Fishery, Victorian Inshore Trawl Fishery, South Tasman Rise Fishery, Small Pelagic Fishery, Norfolk Island Offshore Demersal Finfish Fishery, and Australian flagged boats fishing in accordance with trawl fishing permits on the High Seas, to provide records of fishing position, fishing effort and fish catches.
The EFT01A is to be phased out, and replaced with the Eastern Finfish Trawl Daily Fishing Log known as EFT01B.
Objectives
To provide the issue of a new logbook under section 42 of the Act, referred to as EFT01B, which reflects administrative changes, and changes in reporting requirements on the part of fishers. The use of the previous form of logbook, referred to as EFT01A, during the transition period between date of issue of EFT01B and the depletion of all stocks of EFT01A is not prohibited.
The Determination determines the form and content of the logbook to be kept and maintained by trawl fishing concession holders of the Southern and Eastern Scalefish and Shark Fishery, East Coast Deepwater Zone Fishery, Victorian Inshore Trawl Fishery, South Tasman Rise Fishery, Small Pelagic Fishery, Norfolk Island Offshore Demersal Finfish Fishery, and Australian flagged boats fishing in accordance with trawl fishing permits on the High Seas, by reference to the EFT01B logbook which forms Attachment A to the Determination. Copies of the EFT01B can be obtained from the Australian Fisheries Management Authority.
The EFT01B differs from the EFT01A in the following respects:
- Name change: The new form of logbook is to be cited as EFT01B.
- Updated contact phone numbers for AFMA.
- Submission time for log sheets is now three (3) calendar days from when a consignment is unloaded. This change is to facilitate standard submission times for all fisheries.
- Discard Code: “NQ = No Quota” has been removed as a reason for discarding species in accordance with AFMA’s policy on discarding of quota species.
- Inclusion of “Note on Mixed Fish”: Catch disposal records (CDR) authorise operators to land mixed bins of fish providing:
- the fish are not quota species; and
- the total weight of each species does not exceed 10kg.
- Instructions for Listed Marine and Threatened Species: If fishing gear comes into contact with, or in fact catches, a listed marine or threatened species, the operator is required to fill out a Listed Marine and Threatened Species Form. The word ‘please’ has been replaced with ‘you must’ in the instructions to make clear that completion of this form is mandatory if such an interaction occurs.
Consultation
No Consultation was undertaken as the Determination is minor or machinery in nature.
Regulation Impact Statement
A Regulation Impact Statement is not required on the basis that the Determination is of a minor or machinery nature that does not substantially alter existing arrangements. This assessment was made by AFMA on the basis of previous advice received from Office of Best Practice Regulation.
The Act does not specify any condition as needing to be met before the power to make the Determination may be exercised.
Determination
Details of the Determination are set out below:
Paragraph 1
Paragraph 1 provides for the Determination to be cited as the EFT01B Determination (1) 2007.
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 terms “Southern and Eastern Scalefish and Shark Fishery”, “Southern and Eastern Scalefish and Shark Fishery”, “East Coast Deepwater Zone Fishery”, “Victorian Inshore Trawl Fishery”, “South Tasman Rise Fishery”, “Small Pelagic Fishery”, “Norfolk Island Offshore Demersal Finfish Fishery”, and “High Seas”.
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, East Coast Deepwater Zone Fishery, Victorian Inshore Trawl Fishery, South Tasman Rise Fishery, Small Pelagic Fishery, and Norfolk Island Offshore Demersal Finfish Fishery.
Paragraph 5
Paragraph 5 determines the form and content of the logbook to be kept and maintained by all Australian flagged boats fishing with trawl fishing permits on the High Seas.
Paragraph 6
Paragraph 6 states that the continued use of the logbook known as EFT01A is permitted until all stocks of EFT01A are depleted.