Logbook Notice No. 15 - Torres Strait Spanish Mackerel Log

Overview

The Torres Strait Fisheries Regulations Logbook Notice No. 15 was enacted in 2000 to address the need for specific information regarding the taking of Spanish mackerel in Australian waters, in line with the objectives of the Torres Strait Fisheries Act 1984. The determination was made by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, under subregulations 11(1) and 11(2) of the Torres Strait Fisheries Regulations, to ensure compliance with the necessary record-keeping requirements for the Spanish mackerel fishery. The policy objective of this regulation is to facilitate the collection of critical data on fishing activities, thereby supporting sustainable management of fisheries in the Torres Strait. The regulation specifies that the SM02 Log must be used to record information on the taking of Spanish mackerel by methods such as trolling, handlining, or droplining in designated areas, while exempting dinghies from this requirement. The regulation provides clear guidelines on where and when these logbooks must be used, and it outlines the procedure for obtaining copies of the logbooks from the Australian Fisheries Management Authority.

Scope and Application

Logbook Notice No. 15 pertains to the requirement for specific logbooks to be used for recording the catch of Spanish mackerel in the Torres Strait region. This legislation applies to all boats greater than 6 metres in length that are engaged in fishing activities such as trolling, handlining, or droplining within the designated Spanish mackerel fishery area. The determination is applicable to both primary boats and tender boats licensed to the same person, ensuring that all vessels involved in these fishing practices within the specified area must comply with the regulations. The regulation does not extend to dinghies, which are exempt from the logbook requirement. The determination is enforced under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations, and it specifies the use of the SM02 Log for recording the catch details of Spanish mackerel. This requirement is in effect from the commencement of the determination until 1 May 2003, with an exception for the masters of dinghies. The area covered by this legislation includes specific parts of the Protected Zone south of the Fisheries Jurisdiction Line and other defined waters around Cape York Peninsula.

Key Provisions

The key provisions of the Torres Strait Fisheries RegulaTIONS Logbook Notice No. 15 (TLOG15) are outlined in sections 4 and 5. Section 4 specifies that the SM02 Log must be used for recording information about the taking of Spanish mackerel (Scomberomorus commerson) when using any method of trolling, handlining, or droplining with a boat other than a dinghy in the designated Spanish mackerel fishery area. This requirement applies to all boats that are greater than 6 metres in length and operate in conjunction with a tender boat or are primary boats themselves. Section 5 details the timeframe during which these logbooks must be used. Specifically, subregulation 12(1) of the Torres Strait Fisheries Regulations applies from the commencement of this notice until 1 May 2003. This means that during this period, all the requirements pertaining to the SM02 Log must be adhered to. Notably, subregulations 12(1) and 12(3) do not apply to the master of a dinghy. The obligations imposed by this notice on the parties or entities it governs are clear and specific. The primary obligation is the accurate and consistent use of the SM02 Log for recording detailed information about the fishing activities involving Spanish mackerel. This includes recording the location, method, and amount of fish caught. These records must be kept diligently and accurately, as they are critical for monitoring and enforcement purposes. Additionally, the notice provides details on where copies of the logbooks can be obtained, ensuring that all relevant parties have access to the necessary documentation. In terms of consequences for non-compliance, the Torres Strait Fisheries RegulaTIONS Logbook Notice No. 15 does not explicitly outline specific offences, penalties, or civil/criminal consequences within the notice itself. However, non-compliance with the regulations governing fishing logbooks can lead to significant penalties under the broader Torres Strait Fisheries Act 1984 and Torres Strait Fisheries Regulations. These penalties can include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined based on the specific circumstances of the non-compliance and the applicable laws in force at the time.