Commonwealth of Australia
Torres Strait Fisheries Regulations
Logbook Notice No. 16 (TLOG16)
TORRES STRAIT PRAWN LOGS
I, warren truss, 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 7 February 2001
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
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Citation
1. This determination may be cited as Logbook Notice No. 16.
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 The Australian
newspaper.
Interpretation
3. In this determination:
"boat" means a boat used for fishing in the Torres Strait Prawn fishery which has the capacity for
prawns to be frozen on board;
"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;
"NP13 Trawl Log" means the form of logbook published by AFMA in February 2001 which provides for 8 daily entries per page and for which:
(a) the title is "Northern and Torres Strait Prawn Fisheries Daily Fishing Log"; and
(b) the distinguishing mark is "NP13";
[Note: Terms defined in the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations have the same meanings in this determination.]
Which logbooks must be used?
4. If prawns of any kind are taken by any method of trawling using a boat in the area of
the Torres Strait Prawn Fishery, the NP13 Trawl Log must be used to record information about the taking of the prawns.
When must the logbooks be used?
5. Subregulation 12(1) of the Torres Strait Fisheries Regulations applies in respect of the NP13 Trawl Log during the period beginning on the commencement of this determination and ending at the end of 31 May 2004.
Where can copies of the logbooks be obtained?
6. Copies of the NP13 Trawl Log can be obtained from the Australian Fisheries Management Authority, John Curtin House, 22 Brisbane Avenue, BARTON ACT 2600 during ordinary business hours, Phone (02) 6272 5029.
Revocation of Logbook Notice No 14
7. Logbook Notice No. 14, published in Gazette No. S 132 on 29 March 1999 is revoked.
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Overview
The Torres Strait Fisheries Regulations, enacted in 1984, were established to manage fisheries in the Torres Strait and ensure sustainable practices within the region. The Logbook Notice No. 16, introduced in 2001 by the Minister for Agriculture, Fisheries and Forestry, aims to address the need for detailed and accurate information on prawn fishing activities in the Torres Strait Prawn Fishery. This notice, which specifies the use of the NP13 Trawl Log for recording prawn catches, serves to enhance data collection and support the management objectives outlined in the Torres Strait Fisheries Act 1984. The policy objective is to ensure that comprehensive and accurate data is maintained to support sustainable fishing practices and effective management of the fishery resources in the Torres Strait.
Scope and Application
The Torres Strait Fisheries Regulations, as detailed in Logbook Notice No. 16, apply specifically to boats engaged in trawling for prawns within the Torres Strait Prawn Fishery. The Act mandates the use of a specific form of logbook, the NP13 Trawl Log, for recording information about the prawn catch. This requirement applies to any individual or entity operating a boat in the specified fishery using any trawling method to take prawns. The regulation is jurisdictional, extending across the Commonwealth of Australia, specifically within the geographical confines of the Torres Strait. The regulation came into effect 14 days after its publication in the Gazette and The Australian newspaper, and it remained in effect until the end of 31 May 2004. While the Act itself does not explicitly outline exclusions, exemptions, or thresholds, its scope is limited to the specified fishery and method of prawn capture, and it supersedes previous logbook requirements as noted in Logbook Notice No. 14. This regulation can be extended or further specified through subordinate instruments under the Torres Strait Fisheries Act 1984.
Key Provisions
The main operative sections of Logbook Notice No. 16, under the Torres Strait Fisheries Regulations, require the use of a specific type of logbook, the NP13 Trawl Log, for recording prawn catches in the Torres Strait Prawn Fishery. This logbook must be used by any boat engaged in trawling for prawns in the specified area (s. 4). The notice stipulates that the NP13 Trawl Log must be used from the commencement of the determination until 31 May 2004 (s. 5). The notice also revokes a previous logbook requirement, Logbook Notice No. 14, which was published on 29 March 1999 (s. 7).
The obligations imposed by the Act on the parties governed by it are primarily administrative. Operators of boats involved in prawn trawling in the Torres Strait must ensure that they use the NP13 Trawl Log to record all relevant information about their catches. This includes recording details such as the date, location, type of prawns taken, and other specified data. Additionally, operators must ensure that these logbooks are kept accessible and accurate for the duration of the regulation period, and they must be available for inspection by authorised officers if required.
Breaches of the requirements set out in this determination can result in various civil and criminal consequences. While the specific penalties are not detailed in the notice itself, under the broader framework of the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations, non-compliance can lead to fines and potential legal action. The maximum penalties for such offences can be substantial, reflecting the importance of adhering to the regulations designed to manage and protect the fishery resources within the Torres Strait.