Determination No. NP16 - Northern and Torres Strait Prawn Fisheries Daily Fishing Log

Administered by Department of Agriculture

Legislation au F2008L02423 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Fisheries Management Act 1991

 

 

Northern and Torres Strait Prawn Fisheries Daily Fishing Log NP16 Determination 2008.

 

Determination No. NP16 (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 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, the secure storage, period of retention and the furnishing to AFMA of the logbook and information contained within.

 

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, landing, transhipping, transportation, processing and sale of fish under that fishing concession and the course or position inside, or outside, the outer limits of the Australian Fishing Zone of boats to which the fishing concession relates.

 

Background

 

The NP16 is a form of logbook requiring holders of fishing concessions in the Northern Prawn Fishery as described in the Northern Prawn Fishery Management Plan 1995 (the Plan) 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 NP16 logbook at Attachment A to the determination. Copies of the NP16 can be obtained from the Australian Fisheries Management Authority.

 

Changes to the NP15 logbook

 

The following amendments have been made to the NP15 logbook:

 

 

 

 

Instructions section

 

The description of the reporting date for the log sheets has changed from “by the 14th day of the following month”(for example, logsheets for March are due by the 14th of April), to “Vessels must submit their completed up-to-date logsheets to AFMA each time they return to port or rendezvous with a mothership that holds an AFMA Carrier Boat Permit. All remaining logsheets must be submitted to AFMA within two weeks of the Season end”. It was necessary to change these instructions as some of the vessels remain fishing for the entire season and thus are unable to submit sheets at the dates currently specified.

 

Gear sheet

 

The gear sheet has been amended to include an additional column which specifies the number of nets the vessel is using (excluding try nets). This change is necessary to allow improved data analysis.

 

As a result of these changes, the NP15 logbook will be renamed and thus be determined as the NP16 Daily Fishing Log.

 

Consultation

Internal consultation was undertaken with managers in relation to the amendments to the Logbook and agreed to the changes. As the determination is minor or mechanical in nature, no further consultation was under taken.

 

Regulation Impact Statement

 

The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required on the basis that the determination is of minor or mechanical in nature and does not substantially alter existing arrangements (ID 9698).

 

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 will commence on the day after it is 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 NP16 Northern Prawn Fishery Daily Fishing Log 2008.

 

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 “Northern Prawn Fishery”, “distinguishing mark”, and “NP16 Daily Fishing Log”, and determines that NP16 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 4

 

Paragraph 4 determines that NP16 will be the form and content of logbooks for all concession holders for the Northern Prawn Fishery from the day after it is registered on the Federal Register of Legislative Instruments.

 

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, governs the management of fisheries within Australian waters. It was introduced to address the need for effective regulation and management of Australia's marine resources to ensure sustainable fishing practices. The Act provides the framework for the establishment of fishing concessions, the implementation of management plans, and the enforcement of fishing regulations. Under this Act, the Australian Fisheries Management Authority (AFMA) is empowered to create determinations, such as the Northern and Torres Strait Prawn Fisheries Daily Fishing Log NP16 Determination 2008, to specify the requirements for logbooks that concession holders must maintain. This determination, which updates the previous NP15 logbook, aims to enhance the accuracy and timeliness of data collection regarding fishing activities, thereby improving the management and conservation of prawn fisheries.

Scope and Application

The NP16 Northern Prawn Fishery Daily Fishing Log 2008 is a legislative instrument made under the Fisheries Management Act 1991 and applies to all holders of fishing concessions in the Northern Prawn Fishery, requiring them to maintain logbooks in the specified NP16 format. The Act allows the Australian Fisheries Management Authority (AFMA) to mandate the form and content of logbooks for particular fisheries, and this Determination specifies the details for the Northern Prawn Fishery, including what information must be recorded, how logbooks should be stored, and the timelines for submission to AFMA. The geographic scope of the Act is national, as it pertains to the Australian Fishing Zone. The Act does not specify any exclusions or thresholds for its application, and the Determination itself is minor, with internal consultation confirming its practicality. The changes implemented by this Determination include modifications to the logbook submission schedule and the addition of a column for recording the number of nets used, aimed at improving data analysis.

Key Provisions

The Northern Prawn Fishery Daily Fishing Log 2008 Determination (NP16) is a legislative instrument under the Fisheries Management Act 1991 (the Act). It mandates that holders of fishing concessions in the Northern Prawn Fishery must maintain logbooks (section 1) that record their fishing activities, including details about the position, effort, and catches of prawns. The logbook format and content are specified in Attachment A to the Determination, referred to as NP16, which can be obtained from the Australian Fisheries Management Authority (AFMA). The NP16 logbook, previously known as NP15, has been amended to reflect changes in reporting requirements and to include additional data collection fields such as the number of nets used (section 2). Under the Act, concession holders in the Northern Prawn Fishery are obligated to keep accurate and up-to-date logbooks that adhere to the NP16 format. This includes submitting completed logsheets to AFMA either when the vessel returns to port or rendezvous with a mothership, or within two weeks of the end of the fishing season if the vessel remains at sea (section 3). The logbooks must also be securely stored and retained for a specified period as outlined in the NP16 requirements. Furthermore, concession holders must ensure that the logbooks contain all necessary information about the fishing activities, including the taking, carrying, landing, and sale of prawns, as well as the vessel's location within or outside the Australian Fishing Zone (section 4). Failure to comply with the logbook requirements set out in the NP16 Determination may result in civil or criminal penalties under the Act. While specific penalties are not detailed in the Determination, breaches of logbook regulations can generally lead to fines, legal action, or other enforcement measures as determined by AFMA or other relevant authorities. The penalties can vary depending on the severity and frequency of the breach, but they may include substantial financial penalties for non-compliance with logbook reporting and retention requirements (section 5).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.