Logbook Determination (Small Pelagic Fishery) 2011

Overview

The Fisheries Management Act 1991 was enacted to provide for the sustainable management of Australia's fisheries. This Act established the Australian Fisheries Management Authority (AFMA) and granted it the power to manage fisheries under the Australian Fishing Zone (AFZ). The Logbook Determination (Small Pelagic Fishery) 2011 is a legislative instrument introduced to address the need for detailed and consistent data collection on fishing activities within the Small Pelagic Fishery. The determination was made by AFMA under the authority granted by the Fisheries Management Act 1991, specifically under subsection 42(1) and 42(1A). The primary objective of this determination is to specify the form and content of the logbooks that concession holders in the Small Pelagic Fishery must maintain. These logbooks are essential for monitoring fishing activities, ensuring compliance with regulations, and providing data for the assessment and management of fish stocks. The determination outlines the specific information to be recorded in the logbooks, including details on the taking, sale, and processing of fish, as well as the movement of fishing vessels.

Scope and Application

The Logbook Determination (Small Pelagic Fishery) 2011 is a legislative instrument made under the Fisheries Management Act 1991, which applies to holders of fishing concessions in the Small Pelagic Fishery. This determination specifies the form and content of logbooks that concession holders must keep and maintain, as mandated by the Act. The primary purpose of these logbooks is to record information about fishing activities, which are crucial for the management and assessment of the fishery. This includes details on fish catches, the sale or disposal of fish, the movement of fish, and the location of fishing vessels. The determination applies on a national level, affecting all concession holders operating within the Australian Fisheries Management Authority's (AFMA) jurisdiction. The determination is effective as of the day after it is registered on the Federal Register of Legislative Instruments and will expire on 31 December 2015 unless it is re-determined beforehand. It is important to note that the Act does not impose any specific conditions that must be met before the determination can be made. Additionally, the determination is minor and mechanical in nature, as indicated by the Office of Best Practice Regulation's exception from a Regulation Impact Statement. This suggests that the determination does not substantially alter existing arrangements and is intended to streamline and standardise the logbook requirements for concession holders in the Small Pelagic Fishery.

Key Provisions

The main operative sections of the Logbook Determination (Small Pelagic Fishery) 2011 (the Determination) under the Fisheries Management Act 1991 (the Act) are set out in clauses 5 and 6. Clause 5 mandates that holders of fishing concessions for the Small Pelagic Fishery must keep and maintain the prescribed logbooks as per the instructions provided. Clause 6 details the specific form and content of these logbooks, which encompass information on the taking, sale, disposal, carrying, landing, transhipping, transporting, receipt, and processing of fish under the fishing concession, as well as the course or position of the fishing boats at regular intervals. Holders of fishing concessions in the Small Pelagic Fishery are obligated to adhere to the requirements outlined in the Determination. This includes maintaining accurate and detailed logbooks that capture all relevant activities associated with their fishing operations. These logbooks are crucial for the collection of data necessary for the effective management of the fishery and for stock assessments. The logbooks must be kept in the prescribed form and contain the specified information as per the instructions provided by the Australian Fisheries Management Authority. The Determination does not explicitly outline specific offences, penalties, or consequences for breaches. However, non-compliance with the requirements of the Act, including the failure to maintain accurate logbooks as specified in the Determination, could potentially lead to enforcement actions under other provisions of the Act. These actions could include fines or other penalties as prescribed by the Act. It is important for concession holders to ensure strict adherence to the logbook requirements to avoid any potential regulatory consequences.