EXPLANATORY STATEMENT
Issued by the authority of the Executive Manager, Fisheries of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Determination No. LNO1
The proposed 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.
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 Fisheries
The logbook will be required to be used by holders of relevant fishing concessions in the Southern and Eastern Scalefish and Shark Fishery, to provide records of fishing position, fishing effort and fish catches. In addition, the logbook is of a form that can be used by holders of fishing concessions in the Southern Bluefin Tuna Fishery, Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery and Coral Sea Fishery if AFMA is unable to issue the current form of logbook used by these fisheries.
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. Copies of the Line Fishing Daily Fishing Log can be obtained from the Australian Fisheries Management Authority.
Regulation Impact Statement
The Office of Regulation Review (ORR) advised AFMA 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 7653).
Consultation
Consultation was undertaken with the relevant industry and scientific representatives of the Southern and Eastern Scalefish and Shark Fishery. No consultation was undertaken with the Southern Bluefin Tuna Fishery, Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery or Coral Sea Fishery, as this logbook does not form the primary logbook for these fisheries.
The Act does not specify any condition as needing to be met before the power to make the determination may be exercised.
Determination No. LN01 commences on the day after registration on the Federal Register of Legislative Instruments.
Details of the determination are set out below:
Clause 1 | Clause 1 provides for the determination to be cited as the LN01 Determination 2005. |
Clause 2 | Clause 2 provides that the determination commences on the day after it is registered on the Federal Register of Legislative Instruments. |
Clause 3 | Clause 3 defines the term “Southern and Eastern Scalefish and Shark Fishery”, “Southern Bluefin Tuna Fishery”, “Eastern Tuna and Billfish Fishery”, “Western Tuna and Billfish Fishery” and “Coral Sea Fishery”. |
Clause 4 | Clause 4 determines the form and content of the Commonwealth line daily fishing log (LN01) logbook to be kept and maintained by relevant concession holders for the Southern and Eastern Scalefish and Shark Fishery and must be kept and maintained by concession holders if using the LN01 in the Southern Bluefin Tuna Fishery, Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery or Coral Sea Fishery. |
Overview
The Fisheries Management Act 1991, enacted by the Australian Parliament, aims to provide a framework for the sustainable management of fisheries within Australia's jurisdiction. This legislation addresses the need for efficient and effective oversight of fishing activities to ensure the conservation of marine resources and the sustainable use of fisheries. The Fisheries Management Act 1991 empowers the Australian Fisheries Management Authority (AFMA) to regulate and manage fisheries through various mechanisms, including the requirement for fishing concession holders to maintain logbooks. The problem or gap that this Act addresses is the necessity for comprehensive and accurate records of fishing activities to support management decisions and compliance monitoring.
The Fisheries Management Act 1991 authorises AFMA to issue determinations specifying the form and content of logbooks for particular fisheries. This legislative instrument, Determination No. LN01, specifies the logbook requirements for the Southern and Eastern Scalefish and Shark Fishery and ensures consistency in logbook use across related fisheries. The policy objective of this determination is to standardise logbook requirements to facilitate better data collection and analysis, thereby supporting the sustainable management and conservation of marine resources.
Scope and Application
The Fisheries Management Act 1991 authorises the Australian Fisheries Management Authority (AFMA) to make written determinations concerning the logbooks to be kept and maintained by holders of fishing concessions in a particular fishery. This Determination, numbered LN01, pertains specifically to the Southern and Eastern Scalefish and Shark Fishery, and it also applies to concession holders in the Southern Bluefin Tuna Fishery, Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, and Coral Sea Fishery under certain circumstances. This Determination sets out the form and content of the logbook that must be kept by these concession holders, ensuring that it captures all necessary information about fishing activities, including position, effort, and catches. This applies to activities both within and outside the Australian Fishing Zone. The Determination is a legislative instrument registered under the Legislative Instruments Act 2003, and it commences on the day after it is registered on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this Determination, particularly Clause 4, provide specific instructions about the form and content of the Commonwealth line daily fishing logbook (LN01) that must be used by concession holders in the Southern and Eastern Scalefish and Shark Fishery (subsection 42(1A)). Concession holders in this fishery are required to keep detailed logs of their fishing activities, including position, effort, and catches. Furthermore, Clause 4 stipulates that the same logbook form must be used by concession holders in the Southern Bluefin Tuna Fishery, Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, and Coral Sea Fishery if AFMA does not issue a specific logbook form for these fisheries. This uniformity in logbook requirements aims to streamline data collection and management across multiple fisheries.
Under this Determination, concession holders in the Southern and Eastern Scalefish and Shark Fishery are obligated to maintain comprehensive records of their fishing activities as specified in the LN01 logbook. This includes documenting the fishing position, effort, and fish catches. Additionally, concession holders in the other specified fisheries must use the LN01 logbook if no alternative form is provided by AFMA. These obligations ensure that accurate and consistent data is collected, which is essential for effective fisheries management and compliance monitoring. The requirement to keep such detailed records helps in tracking fishing activities and enforcing regulations.
Failure to comply with the logbook requirements set out in this Determination may result in legal consequences. Although specific penalties are not detailed within this Determination, general provisions under the Fisheries Management Act 1991 (the Act) allow for fines and other sanctions for non-compliance with fishing regulations. The Act provides for penalties that may include substantial fines and, in severe cases, criminal charges. These potential consequences underscore the importance of adhering to the logbook requirements to avoid legal repercussions.
The Determination is designed to be straightforward and of minor regulatory impact, as advised by the Office of Regulation Review (ORR). This means that it does not substantially alter existing arrangements and, therefore, does not require a detailed Regulation Impact Statement. The consultation process involved relevant industry and scientific representatives from the Southern and Eastern Scalefish and Shark Fishery, ensuring that the logbook requirements are practical and feasible for those directly affected. The Determination is effective from the day after its registration on the Federal Register of Legislative Instruments, as specified in Clause 2.