EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Fisheries Management Act 1991
Logbook Determination (Northern Prawn Fishery) 2013
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:
(a) the form and content of logbooks for that fishery to be kept by the concession holder; and…”.
Subsection 42(1B) of the Act provides that:
“The content of the logbook kept be the holder of a fishing concession in respect of a particular fishery, and of any return of information from such logbook, may extend to information in relation to:
(a) the taking of fish under that concession and the sale or disposal of such fish; or
(b) the carrying, landing, transhipping or transporting of fish taken under that fishing concession; or
(c) the receipt or processing of fish taken under that fishing concession and the sale or disposal of fish so received or processed; or
(d) the course, or position at regular intervals, inside or outside the outer limits of the AFZ, of boats to which the fishing concession relates; or
(e) any other matter relevant to the fishing concession in that fishery that is specified in the determination.”
Background
The completion of a logbook is a requirement for most fishers operating in fisheries managed by the Australian Fisheries Management Authority (AFMA). 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 logbooks are determined under subsection 42(1) of the Act.
Paper based logbooks have previously been determined for the Northern Prawn Fishery.
Objectives
The instrument determines the form and content of the logbook to be kept and maintained for concession holders in the Northern Prawn Fishery. The determination provides for the electronic submission of logbooks and the lodgement receipt provided by AFMA evidencing the submission by a concession or license holder. The determination further prescribes the instructions on how to lodge and obtain an electronic lodgement receipt.
Consultation
No consultation was undertaken as the determination is minor and mechanical in nature.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
The Act does not specify any condition as needing to be met before the power to make the determination may be exercised.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document.
Determination
The details of this determination are set out below:
Clause 1 provides that the determination may be cited as the Logbook Determination (Northern Prawn Fishery) 2013.
Clause 2 provides that the determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 provides that the determination ceases as if revoked on 31 December 2016 unless re-determined beforehand.
Clause 4 provides that the terms defined in the Fisheries Management Act 1991 have the same meanings in this determination.
Clause 5 provides that holders of fishing concession granted for the Northern Prawn Fishery must keep and maintain the logbooks prescribed; in accordance with their instructions.
Clause 6 provides the form and content of the logbook that must be kept.
Clause 7 provides the form and content of the logbook that must be kept.
Clause 8 provides the form and content of the logbook that must be kept.
Clause 9 provides for the revocation of the Logbook Determination (Northern Prawn Fishery) 2011.