Logbook Determination (Particular Fisheries) 2014

Administered by Department of Agriculture

Legislation au F2014L00969 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Australian Fisheries Management Authority

Fisheries Management Act 1991

Logbook Determination (Particular Fisheries) 2014

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 all fisheries. 

 

Objectives

 

The instrument determines the form and content of the logbook to be kept and maintained for concession holders in Commonwealth managed fisheries.  The determination provides for the submission of logbooks or the production of a receipt provided by AFMA evidencing the submission of the information contained in the logbook in an electronic format.

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. 

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. 

 

Consultation with stakeholders

 

The Act does not specify any condition as needing to be met before the power to make the determination may be exercised.

 

Consultation with the fishing industry was not undertaken as the determination is minor and mechanical in nature.

 

Determination

 

The details of this determination are set out below:

 

Clause 1  provides that the determination may be cited as the Logbook Determination (Particular Fisheries) 2014.

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 31st December 2019 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 5-17 provides that holders of fishing concession granted for various fisheries must keep and maintain the logbooks prescribed; in accordance with their instructions.

Clause 18  provides the form and content of the logbook that must be kept.

Clause 19 provides that a person has taken to have complied with the requirement to submit a logbook if they the information through electronic transmission and can provide a receipt from AFMA showing that the transmission was successfully received.

Clause 20 provides that an electronic transmission must cover the whole period of a fishing trip.

Clause 21 provides for the revocation of the Logbook Determination (Particular Fisheries) 2013 No. 2.

 

Overview

The Logbook Determination (Particular Fisheries) 2014 was enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991 to address the need for standardising the form and content of logbooks for fishing concession holders in Commonwealth-managed fisheries. This legislative instrument was introduced to streamline the process of logbook submission and ensure that essential data is collected in an efficient and reliable manner, supporting effective fisheries management and stock assessments. The primary policy objective is to facilitate the collection of accurate and comprehensive data on fishing activities, which is crucial for managing fisheries sustainably and ensuring the long-term viability of fish stocks. This determination allows for the electronic submission of logbooks, providing flexibility and improving data accuracy and timeliness.

Scope and Application

The Logbook Determination (Particular Fisheries) 2014, under the Fisheries Management Act 1991, applies to holders of fishing concessions within the Commonwealth managed fisheries. This includes individuals or entities that have been granted fishing concessions, which typically involve commercial or recreational fishing activities. The determination sets out the form and content of the logbooks these concession holders must keep and maintain, covering information such as the taking and sale of fish, the movement of fish, and the course of fishing activities. The determination is applicable nationally, covering all Commonwealth waters, and it is intended to provide essential data for fisheries management and stock assessments. The requirements outlined in this determination are not subject to any exclusions, exemptions, or thresholds specified in the text, though it does provide for the submission of logbooks in electronic format, with a receipt from the Australian Fisheries Management Authority (AFMA) as evidence of submission. The determination also revokes a previous logbook determination, effective from its commencement on registration, until its cessation on 31st December 2019 unless otherwise re-determined.

Key Provisions

The main operative sections of the Logbook Determination (Particular Fisheries) 2014 (the Determination) pertain to the requirements for logbook keeping for fishing concession holders in specified fisheries. Under Clause 5 to Clause 17, concession holders are required to maintain logbooks that contain detailed information about their fishing activities. These logbooks must include details such as the catch of fish, its sale or disposal, the movement of fish, and the location of the fishing vessel. The form and content of these logbooks are further defined in Clause 18. Additionally, Clause 19 allows concession holders to comply with the logbook submission requirements by electronically transmitting the logbook information to the Australian Fisheries Management Authority (AFMA) and providing a receipt from AFMA confirming the successful receipt of the transmission. The Determination imposes specific obligations on fishing concession holders. Primarily, these obligations involve maintaining accurate and detailed logbooks that cover all fishing activities as prescribed. Concession holders must ensure that their logbooks contain the required information, as outlined in Clause 18, and submit these logbooks in the prescribed format. Alternatively, concession holders can comply with the requirements by electronically transmitting the logbook information to AFMA and providing the corresponding receipt as evidence of successful transmission. This is governed by Clause 19, which also stipulates that the electronic transmission must cover the entire duration of a fishing trip, as per Clause 20. These obligations are essential for ensuring that AFMA has accurate data for managing fisheries effectively. Failure to comply with the requirements of the Determination may result in legal consequences. While the Determination does not explicitly outline specific penalties for non-compliance, non-compliance with logbook requirements can potentially lead to enforcement actions under the Fisheries Management Act 1991 (the Act). The Act provides for various enforcement measures, including fines and other penalties, for breaches of fishing regulations, which may encompass non-compliance with logbook requirements. The exact penalties would be determined in accordance with the provisions of the Act and could include substantial financial penalties or other sanctions as deemed appropriate by the relevant authorities.

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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.