Logbook Determination (Southern Squid Jig Fishery) 2011

Administered by Department of Agriculture

Legislation au F2011L01463 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Fisheries Management Act 1991

 

Logbook Determination (Southern Squid Jig Fishery) 2011

 

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 AFMA managed fisheries. 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.

 

Objectives

 

The instrument determines the form and content of the logbook to be kept and maintained for concession holders in the Southern Squid Jig Fishery.

 

Copies of the logbooks can be obtained from the Australian Fisheries Management Authority.

 

Consultation

 

No consultation was undertaken as the determination is minor and mechanical in nature.

 

Regulation Impact Statement

Office of Best Practice Regulation issued a RIS exception (OBPR ID 12813) due to the proposal being of a minor or mechanical nature that does not substantially alter existing arrangements.

 

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

 

Determination

 

The details of this determination are set out below:

 

Clause 1  provides that the determination may be cited as Logbook Determination (Southern Squid Jig Fishery) 2011

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 expires on 31 December 2015 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  provides that holders of fishing concession granted for the Southern Squid Jig 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.

Overview

The Fisheries Management Act 1991 was enacted to provide for the management of fisheries within Australia’s fisheries jurisdiction and for related purposes. One of the key aspects of this Act is the requirement for fishing concession holders to maintain logbooks detailing their fishing activities. These logbooks are essential for the effective management of fisheries, as they provide the primary data for stock assessments and monitoring of fishing efforts. The Logbook Determination (Southern Squid Jig Fishery) 2011 was introduced to address the need for specific logbook requirements for the Southern Squid Jig Fishery. This determination was made by the Australian Fisheries Management Authority (AFMA) and specifies the form and content of the logbooks for this particular fishery, ensuring that concession holders provide the necessary information for effective management and monitoring. The determination is a minor and mechanical change, aiming to streamline data collection and reporting for the Southern Squid Jig Fishery.

Scope and Application

The Logbook Determination (Southern Squid Jig Fishery) 2011 is a legislative instrument made under the Fisheries Management Act 1991, applying to holders of fishing concessions specifically for the Southern Squid Jig Fishery. The Act mandates that these concession holders must keep and maintain logbooks detailing their activities in the fishery, including information about the taking, sale, disposal, carrying, landing, transhipping, transporting, receipt, and processing of fish, as well as the course and position of their boats. The information collected serves as essential data for fisheries management and stock assessments. The determination outlines the form and content of these logbooks, with copies available through the Australian Fisheries Management Authority. The determination applies nationally within Australia's Fisheries Management Area, and it does not specify any particular exclusions, exemptions, or thresholds beyond what is stated in the Fisheries Management Act 1991. This determination is in effect from the day after its registration on the Federal Register of Legislative Instruments until 31 December 2015, unless otherwise amended or renewed beforehand.

Key Provisions

The Logbook Determination (Southern Squid Jig Fishery) 2011, under section 42 of the Fisheries Management Act 1991, specifies the requirements for logbooks in the Southern Squid Jig Fishery (Clause 5). This includes the form and content of the logbooks that concession holders must keep and maintain (Clause 6). The determination mandates that logbooks must include information about the taking, sale or disposal, carrying, landing, transhipping, transporting, receipt, processing, and sale or disposal of fish. Additionally, logbooks must record the course or position of boats at regular intervals inside or outside the Australian Fishing Zone (AFZ). Concession holders must keep these logbooks in accordance with any instructions provided by the Australian Fisheries Management Authority (AFMA). The determination imposes several obligations on concession holders. Primarily, they are required to keep and maintain logbooks that accurately reflect their activities within the Southern Squid Jig Fishery (Clause 5). These logbooks must adhere to the prescribed form and content specified in Clause 6 of the determination. Concession holders must ensure that all relevant information is recorded in the logbook, including details of fish catches, the movement of fish, and the positions of fishing boats. Failure to maintain accurate and complete logbooks can result in non-compliance with the Act and potential enforcement actions. The Fisheries Management Act 1991 does not explicitly state specific offences, penalties, or civil/criminal consequences for breaches related to the logbook requirements. However, non-compliance with the Act or the determination can lead to enforcement actions by AFMA. Such actions may include fines, revocation of fishing concessions, or other administrative penalties. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the Act or related regulations.

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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.