EXPLANATORY STATEMENT
TORRES STRAIT FISHERIES LOGBOOK INSTRUMENT NO. 1
Issued by the authority of the Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
The proposed Fisheries Management Instrument (the instrument) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Sub-section 14(1) of the Torres Strait Fisheries Act 1984 (the Act) provides that the Minister for Agriculture, Fisheries and Forestry may, by legislative instrument, require the master of a boat licensed under section 19 of the Act to provide information relating to the taking or processing of fish with the use of a boat in the course of commercial fishing (other than community fishing).
Sub-section 35(1) of the Act provides for the Protected Zone Joint Authority (PZJA) to exercise the powers of the Minister under subsection 14(1) of the Act.
Torres Strait Fisheries Logbooks
Sub-regulation 10(1) of the Torres Strait Fisheries Regulations 1985 (the Regulations) requires the Minister (or PZJA) to publish logbooks where he is satisfied that information is required in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish.
Schedule 1 of the proposed instrument specifies the current Australian Fisheries Management Authority (AFMA) applicable logbooks to be used to record information for the Torres Strait Finfish (Spanish Mackerel and Reef Line), Bêche-de-mer (BDM), Pearl Shell (TSPS), Prawn (TSP) and Tropical Rock Lobster (TRL) fisheries.
Sub-section 14(9) of the Act provides that the instrument will come into force no earlier than one month after the instrument has been made. Accordingly, the Instrument will take effect 35 days after it has been registered on the Federal Register of Legislative Instruments (FRLI). The additional few days will allow the instrument also to be published in a newspaper circulating in the State of Queensland in accordance with sub-regulation 11(4) of the Regulations.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) has advised AFMA that a Regulatory Impact Statement is not required for this instrument (OBPR ID Number 10232).
Consultation
The content of this instrument has been considered by the PZJA Standing Committee which has recommended the PZJA approve the instrument.
Details of the Instrument
Details of the new instrument are set out in Enclosure 14.
ATTACHMENT
TORRES STRAIT FISHERIES LOGBOOK INSTRUMENT NO. 1
Clause 1 provides for the instrument to be cited as the Torres Strait Fisheries Logbook Instrument No. 1.
Clause 2 provides that the instrument commences 35 days after it has been registered.
Clause 3 provides that the master of any boat licensed under section 19 or, the master of any boat licensed in Papua New Guinea but endorsed to commercially fish in the area of the Australian jurisdiction under section 20 of the Act, who uses the boat for the taking or processing of fish, is required to complete the electronic or paper logbook specified in Schedule 1 of the Instrument.
Clause 4 provides that the electronic or paper logbook must be completed, as per instructions attached to the electronic or paper logbook, on every day that the fishing licence is in force, regardless of whether or not fishing takes place on that day.
Clause 5 provides that the instrument will end within three years of commencement unless earlier revoked.
Clause 6 provides an interpretation of terms used in the instrument.
Clause 7 provides where paper logbooks may be obtained.
Clause 8 provides where electronic logbooks may be obtained.
Schedule 1 provides information on the logbooks to be used for the Finfish, BDM, TSPS, TSP, and TRL fisheries.
Overview
The Torres Strait Fisheries Logbook Instrument No. 1 was introduced to address the need for accurate and detailed records of commercial fishing activities within the Torres Strait. Enacted under the authority of the Torres Strait Fisheries Act 1984 by the Protected Zone Joint Authority, this legislation mandates the completion of logbooks for vessels engaged in commercial fishing operations, excluding community fishing, within the Australian jurisdiction of the Torres Strait. The policy objective is to ensure comprehensive data collection on the taking and processing of fish, contributing to effective fisheries management and conservation efforts. The logbooks specified in the instrument are to be used for various fisheries, including finfish, Bêche-de-mer, pearl shell, prawn, and tropical rock lobster, and must be completed daily, regardless of whether fishing activities occur. The instrument will take effect 35 days after its registration on the Federal Register of Legislative Instruments, allowing for additional publication in a Queensland newspaper.
Scope and Application
The Torres Strait Fisheries Logbook Instrument No. 1 applies to the master of any boat licensed under section 19 of the Torres Strait Fisheries Act 1984 or the master of any boat licensed in Papua New Guinea but endorsed to commercially fish in the area of Australian jurisdiction under section 20 of the Act, who uses the boat for the taking or processing of fish. This includes the Torres Strait Finfish, Bêche-de-mer, Pearl Shell, Prawn, and Tropical Rock Lobster fisheries. The instrument specifies the logbooks to be used for recording information related to these fisheries and mandates that these logbooks be completed on every day that the fishing licence is in force. The geographic reach of this legislation is limited to the Australian jurisdiction in the Torres Strait area, and it extends its application through subordinate instruments by specifying the logbooks to be used for recording fishing information. The instrument will take effect 35 days after it has been registered on the Federal Register of Legislative Instruments and will be published in a newspaper circulating in the State of Queensland in accordance with the Torres Strait Fisheries Regulations 1985. The instrument will end within three years of commencement unless earlier revoked.
Key Provisions
The Torres Strait Fisheries Logbook Instrument No. 1, issued under the Torres Strait Fisheries Act 1984, sets out the requirements for logbook usage for certain fisheries in the Torres Strait. According to Clause 3 of the Instrument, the master of any boat licensed under section 19 of the Act, or a boat licensed in Papua New Guinea but endorsed to commercially fish in the Australian jurisdiction under section 20, must complete the electronic or paper logbook specified in Schedule 1 for the Torres Strait Finfish, Bêche-de-mer, Pearl Shell, Prawn, and Tropical Rock Lobster fisheries. Clause 4 mandates that these logbooks must be filled out daily during the period the fishing licence is in force, regardless of whether fishing activities occur on a particular day.
The Instrument imposes specific obligations on the parties it governs. Masters of eligible boats are required to maintain accurate and complete records in the prescribed logbooks. This includes providing details on the taking or processing of fish, the location of fishing activities, and other relevant information as per the instructions attached to the logbooks. These logbooks must be submitted to the appropriate authorities as required by the regulations under the Torres Strait Fisheries Act 1984.
Failure to comply with the requirements set out in the Torres Strait Fisheries Logbook Instrument No. 1 may result in significant consequences. While the Explanatory Statement does not specify detailed penalties, it is likely that non-compliance with the logbook requirements could lead to enforcement actions under the Torres Strait Fisheries Act 1984. Such actions may include fines, penalties, or other legal repercussions for individuals or entities that fail to adhere to the prescribed logbook regulations. The exact penalties would depend on the specific circumstances of the breach and the relevant provisions of the Torres Strait Fisheries Act 1984.