Determination No. NT01A - Commonwealth Gillnet Fishing 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

NT01A 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:

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 log books are determined under subsection 42(1) of the Act. This includes amendments to log book form and content.

The Gillnet Fishing Daily Fishing Log known as NT01 is the current form of logbook requiring holders of gillnet fishing concessions in the Southern and Eastern Scalefish and Shark Fishery to provide records of fishing position, fishing effort and fish catches.

The NT01 is to be phased out, and replaced with the Gillnet Fishing Daily Fishing Log known as NT01A.

Objectives

To provide the issue of a new logbook under section 42, referred to as NT01A, which reflects administrative changes, and changes in reporting requirements on the part of fishers.  The use of the previous form of log book, referred to as NT01, during the transition period between date of issue of NT01A and the depletion of all stocks of NT01 is not prohibited.

The Determination determines the form and content of the logbook to be kept and maintained by gillnet fishing concession holders of the Southern and Eastern Scalefish and Shark Fishery by reference to the NT01A logbook at Attachment A to the determination. Copies of the NT01A can be obtained from the Australian Fisheries Management Authority.

The NT01A differs from the NT01 in the following respects:

1. Name change:  The new form of logbook is to be cited as NT01A.  The following amendments, in particular 4, 5, 6 and 7 require NT01A to be clearly identifiable and distinct from earlier versions of the logbook for data collection purposes.
2. Updated contact phone numbers for AFMA.
3. 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. Inclusion of additional field: “Inshore/offshore for SESS Fishery operators only”. Operators must indicate whether they were fishing within the 3 nautical mile coastal water limit or outside the 3 nautical mile coastal water limit (as defined by section 5 of the Act). As gear specifications/requirements are not consistent between State and Commonwealth waters, the completion of this additional field assists compliance operations.
5. 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.
6. 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.
7. 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.
8. 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 based on previous advice from the 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

The details of this Determination are set out below:

Paragraph 1

Paragraph 1 provides for the Determination to be cited as the NT01A 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 term “Southern and Eastern Scalefish and Shark Fishery”.

Paragraph 4

Paragraph 4 determines the form and content of the logbook to be kept and maintained by all gillnet concession holders for the Southern and Eastern Scalefish and Shark Fishery.

Paragraph 5

Paragraph 5 states that the continued use of the logbook known as NT01 is permitted until all stocks of NT01 are depleted.