Determination No. PT02A Commonwealth Pelagic Fisheries Catch Disposal Record

Administered by Department of Agriculture

Legislation au F2008L01975 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Fisheries Management Act 1991

 

 

Commonwealth Pelagic Fisheries Catch Disposal Record, PT02A Determination 2008

 

Determination No. PT02A (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.

 

 

Fishery

The Commonwealth Pelagic Fisheries Catch Disposal Record (CDR) requires holders of a Commonwealth pelagic longline fishing concessions in the Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, High Seas Fishery and relevant Fish Receiver Permit Holders, to provide verified records of fish catches.

 

The Determination determines the form and content of the logbook to be kept and maintained by all relevant concession holders in the Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, and High Seas Fishery. Copies of the Commonwealth Pelagic Fisheries Catch Disposal Record (PT02A) can be obtained from the Australian Fisheries Management Authority.

 

 

 

 

 

Objectives

The CDR known as PT02A differs from the current PT02 in the following respects:

  1. Name change from PT02 to PT02A.
  2. Update contact phone numbers for AFMA and added website address.
  3. Wording of ‘authorised representative’ changed to ‘authorised agent’ making terminology consistent with the authorised agent nomination form.
  4. Submission time for CDR sheets changed from 24hours to 3 calendar days to be consistent with other CDRs and encourage prompt return of CDR.

Inside Front Cover

5.      Heading and any reference to ‘Commonwealth Catch Disposal Record’ has been changed to ‘Commonwealth Pelagic Fisheries Catch Disposal Record’.

6.      ‘Take-home packs’ dot point removed. Take-home packs originated to allow fishers to take home a small amount of quota species. As there are no species currently under quota in the fisheries that use this CDR, this field is not relevant. 

7.      For queries relating to CDR completion, operators now contact AFMA Quota Management, not AFMA Compliance.

Instructions for Fishers and Fish Receivers

8.      Number of fish, must now be recorded for all species in the ‘carcass no’ column.  

9.      Submission time for blue copy changed from 10 days to 3 calendar days.

10.  A paragraph was included to remind operators that catches of southern bluefin tuna and northern bluefin tuna are to be recorded in a separate CDR.

11.  Removed ‘note: you cannot receive (fully processed) shark’ from the form code dot point. The note was removed as processed shark maybe allowed to be landed in the future. 

12.  The note referring to mixed species has been removed and replaced with ‘the accurate weight in kg for each species retained must be recorded’. This is to account for each fish captured.

CDR Page

13.  An additional box was inserted in the ‘Number of Vehicles’ field to enable more than 5 vehicles to be recorded.

14.  The code for blue shark ‘TR’ was replaced with ‘BLS’ as TR was incorrect.

15.  The code for tiger shark ‘TSM’ was replaced with ‘TSH’ as TSM was incorrect.

16.  Inclusion of a form code for sharks ‘TR = trunked’.

17.  Inclusion of a form code for tuna-like species and scalefish ‘F = Filleted.

18.  The species list has been changed to be the same as the AL06 logbook with the exception of southern blue fin tuna as to be consistent.

19.  The addition of fields to allow recoding of transhipping to the part A, to capture any transhipping.

20.  The note referring to mixed species has been removed and replaced with ‘the accurate weight in kg for each species retained must be recorded’. This is to account for each fish captured.

Consultation

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

 

Regulation Impact Statement

 

Office of Best Practice Regulation issued a RIS exception (OBPR ID 9639) 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 the Determination are set out below:

 

Paragraph 1

 

Paragraph 1 provides for the Determination to be cited as the PT02A Commonwealth Pelagic Fisheries Catch Disposal Record 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 term “Eastern Tuna and Billfish Fishery”, ‘Western Tuna and Billfish Fishery”, and “High Seas Fishery”.

 

Paragraph 4

 

Paragraph 4 determines the form and content of the logbook known as PT02A to be kept and maintained by all Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, and High Seas Fishery concession holders.

 

Paragraph 5

 

Paragraph 5 defines who must keep and maintain the Commonwealth Pelagic Fisheries Catch Disposal Record, PT02A.

Paragraph 6

Paragraph 6 cites Attachment A as the Commonwealth Pelagic Fisheries Catch Disposal Record, PT02A.

 

 

 

 

 

Overview

The Fisheries Management Act 1991 was enacted to provide for the management of fisheries in the Australian Fishing Zone, including the regulation of fishing activities, the issuing of fishing licences, and the establishment of conservation measures. This Act empowers the Australian Fisheries Management Authority (AFMA) to create legislative instruments to specify detailed requirements for fisheries management, including the keeping of logbooks by concession holders. The Commonwealth Pelagic Fisheries Catch Disposal Record, PT02A Determination 2008 is one such legislative instrument, specifying the form and content of the logbooks to be maintained by concession holders in the Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, and High Seas Fishery. The policy objective of this determination is to ensure accurate and timely reporting of fish catches by concession holders, which is essential for effective fisheries management and conservation. The determination was enacted by the Australian Fisheries Management Authority under the authority granted by the Fisheries Management Act 1991 and was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Fisheries Management Act 1991 applies to the management of fisheries within Australia’s fishing zones, which includes the Australian Fishing Zone and the Exclusive Economic Zone. Under this Act, the Australian Fisheries Management Authority (AFMA) is empowered to make determinations regarding the form and content of logbooks for specific fisheries, including the Commonwealth Pelagic Fisheries Catch Disposal Record (CDR) for certain fisheries. This legislation applies to holders of fishing concessions in the Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, and High Seas Fishery, as well as relevant Fish Receiver Permit Holders. These entities are required to maintain logbooks containing detailed information about their activities, including the taking, carrying, landing, transhipping, transportation, processing, and sale of fish, as well as the course or position of their vessels within or outside the Australian Fishing Zone. The geographic scope of this legislation is national, as it pertains to activities within Australia's fishing zones. The Act does not specify any exclusions or exemptions, but the application and enforcement of the logbook requirements are subject to the conditions and provisions set forth in the Determination. The Determination may be extended or restricted through subordinate instruments, but no such modifications are mentioned in the provided text.

Key Provisions

The main operative sections of the PT02A Commonwealth Pelagic Fisheries Catch Disposal Record Determination (Determination No. PT02A) provide for the Australian Fisheries Management Authority (AFMA) to establish detailed requirements for the logbooks, or catch disposal records (CDR), that must be maintained by concession holders in the Eastern Tuna and Billfish Fishery, Western Tuna and Billfish Fishery, and High Seas Fishery. Section 42(1) of the Fisheries Management Act 1991 allows AFMA to mandate these records, while section 42(1A) and 42(1B) further specify the form, content, and retention period for these logbooks, as well as the information they must contain. The Determination itself, as outlined in paragraphs 4 and 5, dictates the exact format and content of the PT02A logbook that concession holders must adhere to, and identifies who must maintain these records. The term “Commonwealth Pelagic Fisheries Catch Disposal Record” is defined in paragraph 3, and the actual record itself is detailed in Attachment A of the Determination. The obligations and requirements imposed by the Determination on the parties it governs include the necessity for concession holders in the specified fisheries to keep and maintain detailed logbooks, known as PT02A, that document all fishing activities. These logbooks must include specific information such as the number of fish caught, the accurate weight in kilograms for each species retained, and the course or position of the boats inside or outside the Australian Fishing Zone. Concession holders must ensure these records are kept in a secure manner and submitted to AFMA within the specified timeframe, which is now three calendar days, as updated in the Determination. Additionally, the logbooks must reflect any changes in the species list, including the accurate codes for different types of fish, such as sharks and tuna. Breach of the requirements set forth in the Determination can lead to civil or criminal consequences. While the Determination itself does not explicitly state the penalties for non-compliance, the Fisheries Management Act 1991 generally allows for the imposition of fines and other sanctions for violations. The seriousness of the breach would typically determine the extent of the penalty, with severe or repeated breaches potentially resulting in higher fines or other more stringent measures. Given the importance of maintaining accurate and timely records to manage and regulate fisheries effectively, non-compliance could also lead to revocation of fishing concessions or other administrative actions.

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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.