Overview

The Logbook Determination (Particular Fisheries) 2013 No. 2 is a legislative instrument introduced under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA). This determination was enacted to standardise and modernise the logbook requirements for fishing concession holders in Commonwealth managed fisheries, providing for the electronic submission of logbook information. The primary objective is to enhance the accuracy, efficiency, and accessibility of data related to fishing activities, which is crucial for effective fisheries management and stock assessments. The determination allows concession holders to maintain logbooks in either paper or electronic form, with the latter requiring submission of a receipt from AFMA as proof of successful transmission. The instrument is set to remain in effect until 31 December 2018, unless otherwise re-determined beforehand. This legislative change aims to streamline compliance processes and improve data collection mechanisms for the sustainable management of Australia's fisheries.

Scope and Application

The Logbook Determination (Particular Fisheries) 2013 No. 2, made under the Fisheries Management Act 1991, applies to holders of fishing concessions within specific Commonwealth managed fisheries. This determination outlines the form and content of the logbooks that these concession holders must keep and maintain, providing essential data for the management of fisheries. It covers the recording of information such as fish catches, sales, and the location of fishing activities. The geographic scope of the Act is national, as it applies to fisheries under the management of the Australian Fisheries Management Authority (AFMA), which operates across all Australian waters. The Act allows for the submission of logbooks in electronic format, provided that a receipt from AFMA evidencing successful transmission is presented. This determination is in effect until 31 December 2018 unless revoked or re-determined beforehand. The Act does not specify any exclusions or exemptions, and the determination itself is minor and mechanical in nature, hence no consultation with stakeholders was required. The authority to make such determinations is provided by subsections 42(1) and 42(1A) of the Fisheries Management Act 1991, and the determination can be further extended or modified through subordinate instruments.

Key Provisions

The main operative sections of the Logbook Determination (Particular Fisheries) 2013 No. 2 under the Fisheries Management Act 1991 (the Act) establish the requirements for holders of fishing concessions to keep and maintain logbooks for specified fisheries. Specifically, Clause 5-17 mandates that concession holders must keep and maintain prescribed logbooks in accordance with the instructions provided. Clause 18 details the form and content of the logbooks, which include information about the taking of fish, their sale or disposal, and the movement of fish, among other relevant details. Clause 19 allows concession holders to be deemed compliant with logbook submission requirements if they transmit the information electronically and can provide a receipt from the Australian Fisheries Management Authority (AFMA) confirming successful reception. Clause 20 stipulates that electronic transmissions must cover the entire period of a fishing trip. Clause 21 provides for the revocation of the determination. The obligations imposed by the Logbook Determination (Particular Fisheries) 2013 No. 2 on the parties it governs are primarily centred around the maintenance and submission of logbooks. Concession holders must keep and maintain logbooks that include specified information about their fishing activities, such as the taking, sale, disposal, and movement of fish, as well as the course and position of their vessels. These logbooks serve as the primary source of data for managing and assessing fisheries. Additionally, concession holders have the option to submit their logbook information electronically, provided they can furnish a receipt from AFMA as proof of successful transmission. This flexibility aims to streamline the process of logbook submission while ensuring compliance with the Act. The Logbook Determination (Particular Fisheries) 2013 No. 2 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the determination. However, non-compliance with the requirements to keep and maintain logbooks and submit them as mandated by the Act may lead to regulatory actions under the Fisheries Management Act 1991. These actions could include fines, penalties, or other enforcement measures as prescribed by the Act. The precise penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the broader fisheries management framework. Overall, the Logbook Determination (Particular Fisheries) 2013 No. 2 is designed to ensure that essential data on fishing activities are systematically collected and maintained. By mandating the use of logbooks and allowing for electronic submissions, the determination aims to facilitate efficient data collection and management, which are crucial for the sustainable management of fisheries within Australia's jurisdiction.