Logbook Determination (Western Tuna and Billfish Fishery) 2011

Administered by Department of Agriculture

Legislation au F2011L01466 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Fisheries Management Act 1991

 

Logbook Determination (Western Tuna and Billfish 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 Tuna and Billfish 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 Tuna and Billfish 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 Tuna and Billfish 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 Logbook Determination (Western Tuna and Billfish Fishery) 2011 is a legislative instrument made under the Fisheries Management Act 1991. This Act, enacted by the Australian Parliament, addresses the need for comprehensive data collection on fishing activities to facilitate effective fisheries management. The Logbook Determination specifically aims to regulate the form and content of logbooks for concession holders in the Western Tuna and Billfish Fishery. Logbooks are vital for recording fishing activities, including details on the catch, sale, and transportation of fish, as well as the movement of fishing vessels. This determination ensures that the necessary information is systematically recorded and maintained, thereby supporting the management and assessment of fish stocks within the fishery. The determination is a minor and mechanical change, exempt from formal consultation or a Regulation Impact Statement, as it does not significantly alter existing arrangements.

Scope and Application

The Logbook Determination (Western Tuna and Billfish Fishery) 2011 applies to holders of fishing concessions for the Western Tuna and Billfish Fishery. It is made under the Fisheries Management Act 1991, which governs fisheries management in Australia, and is applicable within the Australian Fishing Zone. The primary objective of this determination is to establish the specific form and content of logbooks that concession holders must maintain to record their fishing activities. These logbooks are essential for the collection of data related to fishing effort and fish catches, which are crucial for stock assessments and the effective management of fisheries. The content of the logbook can include information on the taking, sale, disposal, carrying, landing, transhipping, transporting, receipt, processing, and movement of fish, as well as any other relevant matter specified in the determination. The Act does not impose any particular conditions that must be met before the power to make this determination is exercised, allowing for a straightforward implementation of the logbook requirements. The determination is set to expire on 31 December 2015, unless it is re-determined beforehand.

Key Provisions

The Logbook Determination (Western Tuna and Billfish Fishery) 2011 sets forth the specific requirements for the form and content of logbooks to be maintained by concession holders operating in the Western Tuna and Billfish Fishery (Clause 5). This determination ensures that logbooks capture detailed information regarding fishing activities, including the taking, sale, disposal, carrying, landing, transhipping, and transporting of fish (Clause 6). Additionally, the logbooks must also record the course and position of boats at regular intervals, both inside and outside the Australian Fisheries Zone (AFZ). These logbooks are vital for the management of the fishery and are used to assess fishing effort and fish catches, which are crucial for stock assessments. Concession holders in the Western Tuna and Billfish Fishery are required to adhere to the stipulations of this determination by maintaining accurate and comprehensive logbooks as prescribed. This includes recording all relevant activities related to their fishing operations, ensuring that the data collected is reliable and usable for regulatory and management purposes (Clause 5). The determination outlines the exact format and information that must be included in these logbooks to facilitate consistent and standardised data collection across the fishery. Failure to comply with the requirements of the Logbook Determination (Western Tuna and Billfish Fishery) 2011 can lead to serious consequences. Although the Act does not specify explicit penalties within the determination, non-compliance with logbook requirements can potentially result in enforcement actions under the Fisheries Management Act 1991. These actions may include fines or other regulatory penalties, depending on the severity and frequency of non-compliance. Ensuring adherence to logbook regulations is crucial for maintaining the integrity of fisheries data and supporting effective management practices. The Logbook Determination (Western Tuna and Billfish Fishery) 2011 is a legislative instrument made under the Fisheries Management Act 1991, and its provisions are in force from the day after it is registered on the Federal Register of Legislative Instruments until 31 December 2015, unless otherwise re-determined (Clauses 2 and 3). This timeframe allows for periodic review and updates to the logbook requirements, ensuring that they remain relevant and effective in supporting the management of the fishery. The determination also references the definitions provided in the Fisheries Management Act 1991, ensuring consistency in the interpretation and application of terms used within the logbook regulations (Clause 4).

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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.