Logbook Notice No. 11 - Torres Strait Net and Crab Fishery Logs

Administered by Department of Agriculture

Legislation au F2008B00625 Not in force Legislative Instrument

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COMMONWEALTH OF AUSTRALIA

 

Torres Strait Fisheries Regulations

 

Logbook Notice No. 11

(NC03)

 

TORRES STRAIT NET AND CRAB FISHERY LOGS

 

 

i, MARK VAILE, Minister for Agriculture, Fisheries and Forestry, being satisfied
that information in relation to the taking of certain kinds of fish in Australian waters
is required in pursuit of the objectives of the Torres Strait Fisheries Act 1984, make
the following determination under subregulations 11(1) and 11(2) of the Torres Strait
Fisheries Regulations.

 

Dated this 25th day of March 1999

 

[signed]

 

MARK VAILE

 

______________________

 

Citation

 1. This determination may be cited as Logbook Notice No. 11.

Commencement

 2. This determination commences 14 days after the day on which, or the
later of the days on which, this determination is published in the Gazette and in the
Torres News newspaper.

Interpretation

 3. In this determination:

"boat" means a boat used for fishing in the Torres Strait Net or Crab Fisheries;

"distinguishing mark" in relation to a form of logbook, means the letter, number or
symbol by which the logbook can be distinguished from other forms of logbook;

"NC03 Log" means the form of logbook published by the Queensland Fisheries
Management Authority to record catch in the Torres Strait Net and Crab Fisheries for
which the distinguishing mark is "BD01";


Which logbooks must be used?

 4. If fish are taken on boats in the Torres Strait Net Fishery or crab in the
Torres Strait Crab Fishery on and from the date of commencement of this notice, the
NC03 log must be used to record information about the taking of the fish or crabs.

When must the logbook be used?

 5. Subregulation 12(1) of the Torres Strait Fisheries Regulations applies in
respect of the NC03 log beginning on the commencement of this determination until
31 December 2001.

Where can copies of the logbooks be obtained?

 6. Copies of the NC03 Log can be obtained from the Australian Fisheries
Management Authority, Thursday Island Office 2nd Level, Pearls Building, Victoria
Parade, Thursday Island, Queensland, 4875; telephone (0740) 691 990 during
ordinary business hours.

 

Overview

The Torres Strait Fisheries Regulations Logbook Notice No. 11 was enacted in 1999 to address the need for detailed and accurate records of fish and crab catches within the Torres Strait Net and Crab Fisheries. This legislative instrument was introduced under the authority of the Minister for Agriculture, Fisheries and Forestry, Mark Vaile, in pursuit of the objectives outlined in the Torres Strait Fisheries Act 1984. The primary purpose of this notice is to ensure that specific logbooks, namely the NC03 Log published by the Queensland Fisheries Management Authority, are used to record catch information in the designated fisheries from the date of commencement until 31 December 2001. This determination aims to maintain consistent and reliable data collection to support the sustainable management of fisheries resources in the Torres Strait.

Scope and Application

The Torres Strait Fisheries Regulations Logbook Notice No. 11 applies to vessels engaged in the Torres Strait Net Fishery and the Torres Strait Crab Fishery, requiring the use of the NC03 Log to record information about the catch of fish and crabs from the date of the notice's commencement until 31 December 2001. The legislation specifies that the NC03 Log, which is published by the Queensland Fisheries Management Authority and identifiable by the mark "BD01", must be used for this purpose. This requirement applies geographically within the waters of the Torres Strait, thereby limiting its jurisdictional reach to this specific area. The legislation does not explicitly state exclusions or exemptions but implicitly excludes fisheries other than the specified net and crab fisheries in the Torres Strait. The scope of application may be further defined or modified by subordinate instruments, although no such modifications are noted in this particular notice.

Key Provisions

The main provisions of Logbook Notice No. 11 revolve around the mandatory use of a specific logbook format for recording catches in the Torres Strait Net and Crab Fisheries. Section 4 of the notice specifies that the NC03 log, which has the distinguishing mark "BD01," must be used to record information about the taking of fish in the Torres Strait Net Fishery and crab in the Torres Strait Crab Fishery from the date of commencement of this notice. This requirement ensures that all fishing activities in these fisheries are documented in a standardised manner, facilitating accurate record-keeping and management of the fisheries. The Act imposes several obligations on the parties involved in these fisheries. According to section 5, the use of the NC03 log is mandatory from the commencement of the notice until 31 December 2001, as stipulated by subregulation 12(1) of the Torres Strait Fisheries Regulations. This means that fishers must ensure that they maintain and complete these logbooks accurately and in a timely manner. Failure to comply with these record-keeping requirements could lead to difficulties in monitoring and managing the fisheries effectively, potentially resulting in penalties or other enforcement actions. In terms of enforcement, the Act does not explicitly detail offences, penalties, or consequences for non-compliance within the excerpt provided. However, under the broader Torres Strait Fisheries Act 1984, failure to comply with regulations and requirements, including those related to logbook records, could lead to a range of civil or criminal penalties. These may include fines, suspension or revocation of fishing licences, or other administrative actions as deemed necessary by the relevant authorities to enforce compliance with the regulations. The exact penalties would depend on the specific nature and severity of the non-compliance, as well as any applicable laws and regulations in force at the time.

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