Logbooks for Fisheries Determination 2016

Administered by Department of Agriculture

Legislation au F2016L00506 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Fisheries Management Act 1991

Logbooks for Fisheries Determination 2016

 

The determination is a legislative instrument for the purposes 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 that:

“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.”

 

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 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.

Paper based logbooks have previously been determined for all fisheries. 

 

 

 

Objectives

 

The instrument determines the form and content of the logbook to be kept and maintained for concession holders in Commonwealth managed fisheries.  The determination provides for the submission of logbooks or the production of a receipt provided by AFMA evidencing the submission of the information contained in the logbook in an electronic format.

 

Consultation with stakeholders

 

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature. 

The Act does not specify any condition as needing to be met before the power to make the determination may be exercised.

 

Consultation with the fishing industry was not undertaken as the determination is minor and mechanical in nature.

 

The Regulation is compatible with the human rights and freedoms recognised 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 determination are set out below:

 

Clause 1  provides that the determination may be cited as the Logbooks for Fisheries Determination 2016.

Clause 2  provides that the determination commences on the 28th day after it is registered on the Federal Register of Legislative Instruments.

Clause 3  provides that the determination is repealed on 31 December 2021 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 5-17 provides that holders of fishing concession granted for various fisheries must keep and maintain the logbooks prescribed; in accordance with their instructions.

Clause 18  provides the form and content of the logbook that must be kept.

Clause 19 provides that a person has taken to have complied with the requirement to submit a logbook if they submit the information through electronic transmission and can provide a receipt from AFMA showing that the transmission was successfully received.

Clause 20 provides that an electronic transmission must cover the whole period of a fishing trip.

Clause 21 provides for the revocation of the Logbook Determination (Particular Fisheries) 2015.


ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Logbooks for Fisheries Determination 2016

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the

Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The instrument determines the form and content of the logbook to be kept and maintained for concession holders in Commonwealth managed fisheries.  The determination provides for the submission of logbooks or the production of a receipt provided by AFMA evidencing the submission of the information contained in the logbook in an electronic format.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Logbooks for Fisheries Determination 2016 is a legislative instrument introduced under the Fisheries Management Act 1991 to address the need for standardised logbook requirements in Commonwealth managed fisheries. Enacted by the Australian Fisheries Management Authority (AFMA), this determination aims to ensure that holders of fishing concessions in relevant fisheries keep and maintain logbooks containing specified information about their activities. The primary objective is to facilitate the collection of essential data for fisheries management and stock assessments. The instrument provides for the electronic submission of logbooks or the production of a receipt from AFMA, thus updating the previous requirement for paper-based logbooks. The determination was enacted without the need for a Regulation Impact Statement as it was deemed minor and mechanical in nature, and consultation with the fishing industry was not considered necessary for this purpose. The instrument is compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Fisheries Management Act 1991, as extended by the Logbooks for Fisheries Determination 2016, applies to holders of fishing concessions in Commonwealth managed fisheries, requiring them to maintain logbooks that record detailed information about their activities. These logs are essential for fisheries management, providing vital data for assessing fishing efforts and stock levels. The determination specifies the form and content of these logbooks, and allows for the submission of information electronically, provided a receipt from the Australian Fisheries Management Authority (AFMA) confirms successful transmission. The legislation is designed to ensure the efficient collection of data, facilitating better management and sustainability of fisheries resources within Australia’s fishing zones. The Act is applicable across the Commonwealth and provides a structured approach to monitoring and managing fishing activities, thus ensuring compliance with regulatory requirements.

Key Provisions

The Fisheries Management Act 1991, through the Logbooks for Fisheries Determination 2016, outlines specific requirements for the logbooks that holders of fishing concessions must maintain. Section 42(1) of the Act allows the Australian Fisheries Management Authority (AFMA) to require concession holders to keep logbooks detailing their fishing activities. These logbooks must cover information such as the taking, sale, or disposal of fish, the movement and processing of fish, and the locations of fishing vessels (Section 42(1B)). The determination, which is effective from the date it is registered, mandates that these logbooks must be maintained in a prescribed form and content as specified in Clause 18 of the Determination. Furthermore, concession holders can comply with the logbook submission requirement by submitting the logbook information electronically and providing a receipt from AFMA as evidence of successful transmission (Clause 19). Concession holders are obligated to keep accurate and complete logbooks in accordance with the prescribed format and content. They must ensure that all relevant information, as outlined in the Determination, is recorded in the logbook. This includes details of fishing activities, the movement of fish, and the location of fishing vessels. Additionally, concession holders must submit the logbook information electronically to AFMA and retain a receipt as proof of the successful transmission (Clause 19). The electronic submission must cover the entire period of each fishing trip (Clause 20). Breaching the requirements set forth in the Fisheries Management Act 1991 and the Logbooks for Fisheries Determination 2016 can result in significant penalties. While the Determination does not explicitly state the penalties for non-compliance, the Act generally provides for fines and other sanctions for violations. Specifically, under the Fisheries Management Act 1991, penalties for non-compliance can include substantial fines, reflecting the seriousness of adhering to the logbook requirements for effective fisheries management. The exact penalties are determined by the courts based on the severity and circumstances of the breach. The Logbooks for Fisheries Determination 2016 also includes provisions for the revocation of previous logbook determinations, specifically the Logbook Determination (Particular Fisheries) 2015, as stated in Clause 21. This ensures that current logbook requirements are up-to-date and aligned with current management practices. Additionally, the Determination is compatible with human rights, as confirmed in the Statement of Compatibility with Human Rights, which is detailed in Attachment A of the Determination. This compatibility ensures that the requirements do not infringe on any recognised or declared human rights.

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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.