Logbooks for Fisheries Amendment Determination 2019 (No. 1)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L01666 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Australian Fisheries Management Authority

Fisheries Management Act 1991

LOGBOOKS FOR FISHERIES AMENDMENT DETERMINATION 2019 (No. 1)

 

The determination is a legislative instrument for the purpose of the Legislation 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 further detail in relation to the content of a logbook, as:

 

“The content of the logbook kept by 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.”

 

The Act does not specify any condition as needing to be met before the power to make the determination may be exercised.  Although the Act does not provide a specific power to amend or otherwise vary a determination made under subsection 42(1), this amending determination can be made under subsection 42(1) of the Act through application of subsection 33(3) of the Acts Interpretation Act 1901. 

 

Background

 

The completion of a logbook is a requirement for fishers operating in fisheries managed by the Australian Fisheries Management Authority (AFMA).  Logbooks are the primary source of data that AFMA collects 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.

Where a logbook is determined for a particular fishery under subsection 42(1), it becomes a condition of a fishing concession in that fishery that the holder of the fishing concession must comply with the requirements of the determination (see subsection 42(2)). 

 

Objectives

 

This instrument amends the form and content of the Catch Disposal Record logbook to be kept and maintained for concession holders in the Bass Strait Central Zone Scallop Fisheries (BSCZSF) and Southern Squid Jig Fishery (SSJF).

 

Consultation with stakeholders

 

The Office of Best Practice Regulations advised that a Regulation Impact Statement was not required for this Determination consistent with minor regulatory changes (OBPR ID 25726).

 

With respect to changes to logbook requirements in the BSCZSF and SSJF, consultation was undertaken with the fishing industry and other relevant stakeholders between June 2019 and August 2019 through the Scallop Management Advisory Committee and directly with SSJF concession holders, who supported the changes.

 

This instrument is compatible with the human rights and freedoms or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  A full statement of compatibility is set out in Attachment A.

 

Determination

 

The details of this amendment determination are set out below:

 

Clause 1  provides that the instrument may be cited as the Logbooks for Fisheries Amendment Determination 2019 (No. 1).

Clause 2  provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.

Clause 3  provides the authority under which the Determination is made.

Clause 4 provides that each instrument specified in the Schedule is amended or repealed as set out in the applicable items in the Schedule.

Schedule 1

Item 1 updates the reference to the current logbook for the BSCZSF. 

Item 2 updates the reference to the current logbook for the SSJF. 

Item 3 provides the reference to the gazetted logbook for the BSCZSF and SSJF. 

 

 

Overview

The Logbooks for Fisheries Amendment Determination 2019 (No. 1) was enacted to amend the form and content of the Catch Disposal Record logbook for concession holders in the Bass Strait Central Zone Scallop Fisheries (BSCZSF) and Southern Squid Jig Fishery (SSJF). This legislative instrument is an amendment to the Fisheries Management Act 1991, which was established by the Australian Parliament to regulate fisheries management. The primary objective of this determination is to ensure that logbooks maintained by concession holders provide essential data for the management of fisheries, including details on fishing effort and fish catches for stock assessments. Following consultations with stakeholders in the fishing industry and other relevant parties, the changes to logbook requirements in the BSCZSF and SSJF were supported, leading to this amendment determination.

Scope and Application

The Logbooks for Fisheries Amendment Determination 2019 (No. 1) pertains to fishing concession holders within the Bass Strait Central Zone Scallop Fisheries (BSCZSF) and the Southern Squid Jig Fishery (SSJF), amending the form and content of the Catch Disposal Record logbook for these fisheries. This amendment is pursuant to the Fisheries Management Act 1991, which allows the Australian Fisheries Management Authority (AFMA) to mandate the keeping and maintenance of logbooks for particular fisheries. The changes made under this Determination are applicable nationally, as they are enacted under the Commonwealth's legislative framework. The Determination does not specify any exclusions or exemptions but is designed to enhance the data collection process for AFMA, which relies on logbooks as a primary source of information for managing fisheries. The Determination itself does not set thresholds or conditions for its application, though it is subject to amendment or variation under the provisions of the Acts Interpretation Act 1901. This ensures that the logbook requirements can be adapted to meet evolving management needs in these fisheries.

Key Provisions

The main operative sections of the Logbooks for Fisheries Amendment Determination 2019 (No. 1) are Clauses 1 to 4, which establish the citation, commencement, authority, and amendments to existing logbook requirements (Clauses 1-4). Clause 1 allows the instrument to be cited as the Logbooks for Fisheries Amendment Determination 2019 (No. 1). Clause 2 specifies that the instrument will commence on the day after it is registered on the Federal Register of Legislation. Clause 3 identifies the authority under which the Determination is made, which is subsection 42(1) of the Fisheries Management Act 1991 (the Act). Clause 4 details the amendments to the existing logbooks for the Bass Strait Central Zone Scallop Fisheries (BSCZSF) and the Southern Squid Jig Fishery (SSJF), as outlined in the Schedule. The obligations and requirements imposed by the Act on the parties or entities it governs include the obligation for holders of fishing concessions in specified fisheries to keep and maintain logbooks containing information about their activities in those fisheries (subsection 42(1)). This includes details of the taking, sale or disposal, carrying, landing, transhipping, transporting, receipt, or processing of fish, as well as the course or position of boats inside or outside the Australian Fisheries Zone (subsection 42(1B)). For the BSCZSF and SSJF, the logbooks must now comply with the updated form and content specified in the Schedule of this Determination (Schedule, Items 1-3). This includes updating references to the current logbooks for these fisheries and providing the reference to the gazetted logbook. Any offences or breaches of the provisions set out in the Act, and subsequent penalties or consequences, are not explicitly stated in the text provided. However, under the Fisheries Management Act 1991, failure to comply with the requirements of a determination made under subsection 42(1) can result in civil or criminal penalties. The specific penalties for non-compliance would depend on the nature and severity of the breach, and could include fines, imprisonment, or both. It is essential for concession holders to familiarise themselves with the detailed requirements of the logbooks and ensure compliance to avoid any potential penalties or consequences.

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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.