EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the authority of the Executive Manager Fisheries of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Determination No. NT01
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 Fishery
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.
The Determination determines the form and content of the logbook to be kept and maintained by relevant concession holders of the Southern and Eastern Scalefish and Shark Fishery by reference to the NT01 logbook at Attachment A to the Determination. Copies of the NT01 can be obtained from the Australian Fisheries Management Authority.
Regulation Impact Statement
The Office of Regulation Review has advised that a Regulation Impact Statement is not mandatory on the basis that the determination is of a minor or machinery nature and does not substantially alter existing arrangements (ID 7653).
Consultation
Consultation was undertaken with relevant stakeholders in the Southern and Eastern Scalefish and Shark Fishery (SESS).
The Act does not specify any condition as needing to be met before the power to make the determination may be exercised.
Determination No. NT01 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 NT01 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” |
Clause 4 | Clause 4 determines the form and content of the logbook to be kept and maintained by relevant concession holders for the Southern and Eastern Scalefish and Shark Fishery. |
Overview
The Fisheries Management Act 1991 was enacted to provide for the management of fisheries resources and to ensure their sustainable use. The Act introduced a framework for the regulation of fishing activities, including the implementation of management plans and the issuance of fishing concessions. The NT01 Determination 2005, issued under this Act, addresses the need for standardised logbook requirements for concession holders in the Southern and Eastern Scalefish and Shark Fishery. This legislation was introduced by the Australian Fisheries Management Authority (AFMA) under the authority granted by the Fisheries Management Act 1991. The policy objective of the NT01 Determination 2005 is to ensure that accurate records of fishing activities, including position, effort, and catches, are maintained by concession holders to facilitate effective management and monitoring of the fishery. This determination streamlines the process of record-keeping and ensures consistency in the information collected, thereby supporting the sustainable management of the fishery resources.
Scope and Application
The Fisheries Management Act 1991, under which this determination operates, applies to the Commonwealth of Australia and its external territories, and mandates that the Australian Fisheries Management Authority (AFMA) may, by written determination, specify the requirements for fishing concession holders to maintain logbooks for particular fisheries. This applies specifically to the Southern and Eastern Scalefish and Shark Fishery, where concession holders are required to keep detailed records regarding their fishing activities, including position, effort, and catches. The legislation allows AFMA to detail the form and content of these logbooks, and this specific determination, NT01, sets out the required logbook format as outlined in Attachment A. This determination is a legislative instrument under the Legislative Instruments Act 2003 and applies to all concession holders within the specified fishery, with no exclusions or thresholds mentioned. The determination commences on the day after its registration on the Federal Register of Legislative Instruments, and subordinate instruments may extend or restrict its application as needed.
Key Provisions
The NT01 Determination 2005, under section 42 of the Fisheries Management Act 1991, mandates that holders of fishing concessions in the Southern and Eastern Scalefish and Shark Fishery must maintain logbooks (subsection 42(1)). These logbooks must contain detailed information about their activities, including fishing positions, fishing effort, and catches (subsection 42(1B)). The specific form and content of these logbooks are detailed in the NT01 logbook, which is referenced in Attachment A to the Determination and available from the Australian Fisheries Management Authority (subsection 42(1A)).
The obligations imposed by the Determination require concession holders to meticulously record their fishing activities as specified. This includes recording the location of their fishing operations, the amount of fishing effort expended, and the quantity and type of fish caught. These records must be kept in the prescribed format, ensuring consistency and accuracy in the data collected. Concession holders are also responsible for ensuring that their logbooks are maintained up-to-date and available for inspection by authorised officers when required.
Failure to comply with the requirements of the Determination may result in enforcement actions. Under the Fisheries Management Act 1991, non-compliance with logbook requirements can lead to civil or criminal penalties. The specific penalties for breaches of these provisions are not detailed in the Explanatory Statement but may include fines and other sanctions as prescribed by the Act. The severity of the penalties would depend on the nature and extent of the non-compliance, with potential maximum penalties set out in the relevant sections of the Act.