Determination No. LN01A - Commonwealth Line Daily Fishing Log

 EXPLANATORY STATEMENT

LEGISLATIVE INSTRUMENT

Issued by the authority of the Managing Director of the Australian Fisheries Management Authority

Fisheries Management Act 1991

LN01A 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 Line Fishing Daily Log known as LN01 is the current form of logbook requiring holders of line fishing concessions in the Southern and Eastern Scalefish and Shark Fishery, Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, Coral Sea Fishery, Western Skipjack Fishery, Eastern Skipjack Fishery, Norfolk Island Offshore Demersal Finfish Fishery, and Australian flagged boats fishing in accordance with line fishing permits on the High Seas, to provide records of fishing position, fishing effort and fish catches.

The LN01 is to be phased out, and replaced with the Line Fishing Daily Log known as LN01A.

Objectives

To provide the issue of a new logbook under section 42 of the Act, referred to as LN01A, 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 LN01, during the transition period between date of issue of LN01A and the depletion of all stocks of LN01 is not prohibited.

The Determination determines the form and content of the logbook to be kept and maintained by line fishing concession holders of the Southern and Eastern Scalefish and Shark Fishery, Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, Coral Sea Fishery, Western Skipjack Fishery, Eastern Skipjack Fishery, Norfolk Island Offshore Demersal Finfish Fishery, and Australian flagged boats fishing in accordance with line fishing permits on the High Seas, by reference to the LN01A logbook which forms Attachment A to the Determination. Copies of the LN01A can be obtained from the Australian Fisheries Management Authority.

The LN01A differs from the LN01 in the following respects:

1. Name change:  The new form of logbook is to be cited as LN01A.  The following amendments, in particular 6, 7, 8, 10 and 11, require LN01A to be clearly identifiable and distinct from earlier versions of the logbook.
2. Updated contact phone numbers for AFMA.
3. In all fisheries, 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.
4. The inclusion of instructions for minor line fishing (handline, rod and reel, or trolling or poling) in relation to:
   1. the procedure for defining and recording a shot; and
   2. using the field End Haul Time as their End Fishing Time.
5. Change of name of the fishery previously known as “Southern and Western Tuna and Billfish Fishery” to “Western Tuna and Billfish Fishery”.
6. Inclusion of additional field: “Inshore/offshore for SESS Fishery operators only”. Operators must indicate whether they were fishing within 3 nautical miles of the high tide mark or outside 3 nautical miles of the high tide mark. As gear specifications/requirements are not consistent between State and Commonwealth waters, the completion of this additional field assists compliance operations.
7. Modification of field:  The field “Target Species” has been changed from a tick box next to each species to a field above each shot.  Operators must now indicate the single species they are most likely to catch for each shot.  The new system allows for changes in target species per shot.
8. Moved field:  The “Gear Lost” field has been moved to the last position in the Fishing Details Section.
9. Discard Code: “NQ = No Quota” has been removed as a reason for discarding species in accordance with AFMA’s policy on discarding quota species.
10. Inclusion of “Note on Mixed Fish”: Catch disposal records (CDR) authorise operators to land mixed bins of fish providing:
    1. the fish are not quota species; and
    2. the total weight of each species does not exceed 10kg.
11. 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 the completion of this form mandatory if such an interaction occurs.
12. Addition of species: Yellowfin tuna has been added to the species list in Catch Details on the daily log sheet.  Yellowfin tuna  is soon to come under quota in the Western Tuna and Billfish Fishery.

Consultation

No Consultation was undertaken as the Determination is minor or machinery in nature.

Regulation Impact Statement

Office of Best Practice Regulation issued a RIS exception (OBPR ID 9051) due to the proposal being of a minor or machinery nature that does not substantially alter existing arrangements.

The Act does not specify any condition as needing to be met before the power to make the determination may be exercised.

Determination

The details of this Determination are set out below:

Paragraph 1

Paragraph 1 provides for the Determination to be cited as the LN01A 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”, “Eastern Tuna and Billfish Fishery”, “Western Tuna and Billfish Fishery”, “Coral Sea Fishery”, “Western Skipjack Fishery”, “Eastern Skipjack Fisher”, “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 line fishing concession holders for the Southern and Eastern Scalefish and Shark Fishery, Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, Coral Sea Fishery, Western Skipjack Fishery, Eastern Skipjack 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 line fishing permits on the High Seas.

Paragraph 6

Paragraph 6 states that the continued use of the logbook known as LN01 is permitted until all stocks of LN01 are depleted.