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. TR01
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 Fisheries
The logbook will be required to be used by holders of relevant fishing concessions in the Southern and Eastern Scalefish and Shark Fishery and the Coral Sea 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 all relevant concession holders of the Southern and Eastern Scalefish and Shark Fishery and Coral Sea Fishery by reference to the TR01 logbook at Attachment A to the determination. Copies of the TR01 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) and Coral Sea Fishery.
The Act does not specify any condition as needing to be met before the power to make the determination may be exercised.
Determination No. TR01 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 TR01 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 terms “Southern and Eastern Scalefish and Shark Fishery” and “Coral Sea Fishery”. |
Clause 4 | Clause 4 determines the form and content of the logbook to be kept and maintained by all relevant concession holders for the Southern and Eastern Scalefish and Shark Fishery and Coral Sea Fishery. |
Overview
The Fisheries Management Act 1991 was enacted to provide for the sustainable management of Australia's fisheries and was introduced to address the need for comprehensive regulation and monitoring of fishing activities to ensure sustainable practices and conservation. This Act empowers the Australian Fisheries Management Authority (AFMA) to make determinations regarding the form and content of logbooks for particular fisheries. AFMA's role is crucial in ensuring compliance with fishing regulations and in maintaining detailed records of fishing activities. Determination No. TR01, issued by the authority of the Executive Manager Fisheries of AFMA, specifies the requirements for logbooks in the Southern and Eastern Scalefish and Shark Fishery and the Coral Sea Fishery. The policy objective of this Determination is to standardise the logging of fishing activities, including fishing positions, efforts, and catches, to facilitate effective management and monitoring. This legislative instrument aims to enhance transparency and accountability within these fisheries, thereby supporting the overarching goal of sustainable fisheries management.
Scope and Application
The Fisheries Management Act 1991 empowers the Australian Fisheries Management Authority (AFMA) to issue determinations regarding the form and content of logbooks for holders of fishing concessions within specified fisheries, ensuring accurate and consistent recording of fishing activities. Determination No. TR01 specifically mandates the logbook requirements for the Southern and Eastern Scalefish and Shark Fishery and the Coral Sea Fishery. This determination applies to all concession holders within these fisheries, who are required to maintain detailed records of fishing positions, efforts, and catches in accordance with the prescribed TR01 logbook format. This regulation extends across the jurisdictional boundaries of the Australian Fisheries Zone, ensuring uniform compliance and data collection throughout the relevant fisheries. The Act does not specify any preconditions for exercising this power, allowing AFMA to implement the determination directly upon registration on the Federal Register of Legislative Instruments.
Key Provisions
The TR01 Determination 2005, under the Fisheries Management Act 1991, provides specific requirements for logbooks to be kept by concession holders in the Southern and Eastern Scalefish and Shark Fishery and the Coral Sea Fishery. According to section 42(1) of the Act, the Australian Fisheries Management Authority (AFMA) can mandate that concession holders maintain logbooks detailing their fishing activities. Section 42(1A) allows AFMA to determine the form and content of these logbooks, while section 42(1B) specifies that the logbooks may include information on fish taking, carrying, transhipping, processing, and the position of boats within or outside the Australian Fisheries Zone (AFZ). Clause 4 of the TR01 Determination sets out the exact form and content of the logbook, which must be used to record fishing positions, fishing efforts, and fish catches. This information is crucial for effective fisheries management and compliance with fishing regulations.
Concession holders in the specified fisheries are obligated to maintain logbooks as determined by the TR01 Determination. This includes ensuring that the logbooks contain accurate and detailed information about their fishing activities. The logbooks must adhere to the format outlined in Attachment A to the TR01 Determination, which can be obtained from AFMA. Failure to comply with these logbook requirements can lead to enforcement actions and potential penalties. The obligation to maintain accurate logbooks is essential for monitoring compliance with fishing regulations and for the sustainable management of fishery resources.
Breaches of the requirements set out in the TR01 Determination can result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, breaches of similar provisions in the Fisheries Management Act 1991 can lead to significant fines and other enforcement actions. For example, failing to maintain accurate logbooks can be considered an offence under the Act, potentially resulting in penalties that reflect the seriousness of the breach. The enforcement of these provisions is crucial for ensuring that concession holders adhere to the regulations and contribute to the sustainable management of fisheries.