Logbook Determination (Small Pelagic Fishery) 2013

Overview

The Logbook Determination (Small Pelagic Fishery) 2013 was enacted to address the need for updated logbook requirements for concession holders in the Small Pelagic Fishery, as authorised by the Small Pelagic Fishery Management Plan 2009. The Australian Fisheries Management Authority (AFMA), the enacting body, introduced this Determination under the authority conferred by the Fisheries Management Act 1991. The primary policy objective of this Determination is to ensure that logbooks maintained by concession holders in the Small Pelagic Fishery include comprehensive information relevant to all authorised fishing methods, including the recently authorised jigging method. This aligns with the requirement for accurate data to support fisheries management and stock assessments, ensuring compliance with the statutory mandate for logbook maintenance. The Determination revokes the previous Logbook Determination (Small Pelagic Fishery) 2011, reflecting the updated methods of fishing and ensuring that logbook requirements are current and comprehensive.

Scope and Application

The Logbook Determination (Small Pelagic Fishery) 2013 applies to holders of fishing concessions in the Small Pelagic Fishery, which includes those fishing under the mid-water trawl, purse seine, and jigging methods. This Determination is essential for ensuring that accurate and comprehensive records of fishing activities are maintained, as logbooks serve as a primary data source for fisheries management and stock assessments. The geographic reach of this Determination is within the Australian Fisheries Management (AFM) zones, where the Small Pelagic Fishery is operational. While the Determination itself does not explicitly state any exclusions, exemptions, or thresholds, it is contingent upon the broader provisions of the Fisheries Management Act 1991 (FM Act). The FM Act may include provisions that exclude certain types of fishing activities or vessels from the scope of the logbook requirements, but these would need to be examined in the context of the primary Act. The Determination is a legislative instrument under the Legislative Instruments Act 2003 and is subject to the standard processes for registration and review, which may include potential extensions or modifications through subordinate instruments.

Key Provisions

The Logbook Determination (Small Pelagic Fishery) 2013 sets out the requirements for logbooks that holders of fishing concessions in the Small Pelagic Fishery must maintain (Clause 5). The logbooks must be kept in the form and content as prescribed in Clause 6 of the Determination. This includes details on the taking of fish, the sale or disposal of fish, the carrying and landing of fish, and the course or position of boats inside or outside the Australian Fisheries Zone (AFZ). These logbooks serve as the primary data source for managing the fishery and are crucial for stock assessments. Holders of fishing concessions in the Small Pelagic Fishery are required to adhere to the specific form and content of the logbooks as prescribed by the Determination (Clause 6). They must accurately record all relevant activities, including the methods used for catching fish, the quantities taken, the locations of fishing activities, and the sale or disposal of fish. Failure to maintain these logbooks correctly can lead to difficulties in managing the fishery and may impact the holders' compliance with fisheries regulations. Breaches of the requirements to keep and maintain logbooks as prescribed by the Determination may result in various consequences. While specific offences and penalties are not detailed in the Determination itself, the Fisheries Management Act 1991 provides a framework under which contraventions can lead to civil or criminal penalties. These may include fines and, in severe cases, prosecution. The accuracy and completeness of the logbooks are critical for compliance with fisheries management regulations, and non-compliance can have serious repercussions for concession holders. The Logbook Determination (Small Pelagic Fishery) 2013 explicitly revokes the Logbook Determination (Small Pelagic Fishery) 2011, reflecting the updated requirements to accommodate the jigging method authorised in the Small Pelagic Fishery Fishing Method Determination 2013 (Clause 7). This ensures that all methods used in the fishery are accounted for in the logbook requirements. The Determination is effective from the day after its registration on the Federal Register of Legislative Instruments and will cease on 31 December 2015, unless otherwise extended.