EXPLANATORY STATEMENT
Issued by the authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Logbook Determination (Small Pelagic Fishery) 2013
The Logbook Determination (Small Pelagic 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 FM Act) provides that the Australian Fisheries Management Authority (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 FM Act provides that without limiting the generality of subsection (1), 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 FM 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 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.”
The Determination revokes the Logbook Determination (Small Pelagic Fishery) 2011.
Background
The completion of a logbook is a requirement for most fishers operating in AFMA managed fisheries. Logbooks are the primary source of data on fishing activity. They provide essential data for the management of fisheries and assist in forming stock assessments.
The Small Pelagic Fishery Management Plan 2009 authorises fishing by the mid-water trawl method, the purse seine method and any other method determined by AFMA. AFMA registered the Small Pelagic Fishery Fishing Method Determination 2013 on 18 March 2013 authorising the jigging method in the fishery. Accordingly, AFMA must revoke and replace the Logbook Determination (Small Pelagic Fishery) 2011 since it does not provide for the submission of logbooks for concession holders who use the jigging method in the fishery.
Objectives
The Determination determines the form and content of the logbook to be kept and maintained for concession holders in the Small Pelagic Fishery for all authorised methods.
Copies of the logbooks may be obtained from AFMA.
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.
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.
Details of the Determination are set out below:
Clause 1 provides for the Determination to be cited as the Logbook Determination (Small Pelagic 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 it was revoked on 31 December 2015.
Clause 4 provides that terms defined in the Fisheries Management Act 1991 have the same meanings in this Determination.
Clause 5 provides that holders of fishing concessions granted for the Small Pelagic Fishery must keep and maintain the logbooks prescribed; in accordance with their instructions.
Clause 6 provides the form and content of the logbook(s) that must be kept.
Clause 7 provides for the revocation of the Logbook Determination (Small Pelagic Fishery) 2011.