Logbook Determination (Western Skipjack Tuna Fishery) 2011

Administered by Department of Agriculture

Legislation au F2011L01468 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Fisheries Management Act 1991

 

Logbook Determination (Western Skipjack Tuna 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 Western Skipjack Tuna 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 (Western Skipjack Tuna 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 Western Skipjack Tuna 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 a framework for the management of fisheries in Australia. It was introduced to address the need for sustainable and scientifically sound management of fisheries, ensuring that fish stocks are not overexploited and that the marine environment is protected. The Australian Fisheries Management Authority (AFMA) is the enacting body responsible for administering the Act. The policy objective of the Act is to ensure the sustainable use of fisheries resources and to maintain the health of fish stocks and the marine environment. The Logbook Determination (Western Skipjack Tuna Fishery) 2011 is a legislative instrument made under the Fisheries Management Act 1991 to specify the form and content of logbooks for the Western Skipjack Tuna Fishery. This determination is intended to provide AFMA with essential data on fishing activities, thereby facilitating effective management and conservation of the fishery. The logbooks are a crucial source of information for stock assessments and monitoring of fishing effort.

Scope and Application

The Logbook Determination (Western Skipjack Tuna Fishery) 2011 is a legislative instrument made under the Fisheries Management Act 1991, which applies specifically to holders of fishing concessions in the Western Skipjack Tuna Fishery. This determination mandates the form and content of the logbooks that these concession holders must maintain, encompassing details such as the taking, carrying, landing, transhipping, transporting, receipt, processing, and sale or disposal of fish, as well as the course or position of boats within or outside the Australian Fisheries Zone. The determination is applicable within the Commonwealth jurisdiction and does not specify any exclusions, exemptions, or thresholds. It commences upon registration on the Federal Register of Legislative Instruments and is set to expire on 31 December 2015 unless otherwise re-determined. This determination ensures that concession holders comply with the requirements for logbook maintenance, thereby supporting the essential data collection needed for effective fisheries management and stock assessments.

Key Provisions

The Logbook Determination (Western Skipjack Tuna Fishery) 2011, under the Fisheries Management Act 1991, sets out the form and content of logbooks that must be kept by holders of fishing concessions in the Western Skipjack Tuna Fishery (s. 5). These logbooks must contain specific information related to their fishing activities, including details of fish caught, their sale or disposal, and the movements of their boats (s. 6). Holders of fishing concessions for the Western Skipjack Tuna Fishery are required to keep and maintain logbooks as prescribed (s. 5). The form and content of these logbooks are detailed in Clause 6 of the Determination and must include information such as the taking of fish, their sale or disposal, and the location of the boats at regular intervals (s. 6). These logbooks are essential for the management and regulation of the fishery, as they provide the primary data on fishing activities and catches. Breaching the requirements to maintain proper logbooks can have significant consequences. While the Determination does not explicitly state offences or penalties, non-compliance with the Fisheries Management Act 1991 could result in enforcement actions under that Act. These actions may include fines or other penalties as determined by the relevant authorities. The logbooks must be kept in accordance with the instructions provided by the Australian Fisheries Management Authority (AFMA) and must include all specified information to ensure accurate data collection and reporting. Failure to maintain these logbooks or to provide accurate information could lead to regulatory scrutiny and potential enforcement actions under the Fisheries Management Act 1991.

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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.