I, Mark Farrell, General Manager (Chief Information Officer), acting as the delegate of the Australian Fisheries Management Authority, pursuant to Delegation numbered 31 of 2008 dated 1st July 2008 from the Chief Executive Officer, delegated pursuant to Delegation numbered 30 of 2008 dated 1st July 2008 from the Commission make the following Determination under subsection 42(1) of the Fisheries Management Act 1991.
Dated: 18th Dec 2009
Mark Farrell
Chief Information Officer
Australian Fisheries Management Authority
Citation
This Determination may be cited as Determination of Fishing Logbooks 2009
[Note: Logbook Determinations will be made on a fishery by fishery basis as s42 implies and will be cited as “Determination of Fishing Logbooks…” for that fishery together with the year. If a second or further determination is made for a fishery in any year, the numbering is included with “(No. 2)” and subsequently, placed between the fishery name and year]
Commencement
This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
[Note: All logbook Determinations must be registered on the AFMA Logbook Determinations Register; and on Federal Legislative Instruments Register as soon as practicable after making see: s25 Legislative Instruments Act 2003]
Determination
Holders of concessions in respect of a fishery specified in a Schedule 1 through 18 must keep and maintain at least one of the logbooks specified in that particular Schedule containing the information as required by the instructions in that logbook in respect of their activities in that specified fishery.
The form and content of the logbook to be used in this fishery, must be those designated in each annexure in one of those paper or electronic formats specified in each Schedule of this Determination (or specified in such other Determination as is applicable to this fishery).
A specified logbook must be completed in accordance with the instructions for use for that specified paper or electronic logbook being used. This Determination extends to requiring all information in respect of fishing activities, its security, means for storage and the transmission of the data therein to AFMA, the taking, disposal or sale of fish including information required from any Fish Receiver permit holder.
Interpretation
Terms defined in the Fisheries Management Act 1991 have the same meanings in this Determination.
A “fishery” in this Determination refers to any one of the fisheries described in Schedule 1 through Schedule 18 respectively.
Expiry
This Determination expires on 31st December 2013 and any logbook herein, unless further redetermined prior to that date, must not then be used.
[Note: All determinations of logbooks are intended to expire 4 years from the commencement of the year in which they are made. Suppliers may publish the latest number of the Determination on logbooks in use, which will include the year in which it is determined, to easily identify that the edition or version supplied and when it will expire.]
Note:
42 Determinations relating to logbooks and the furnishing of returns
(1) 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.
(1A) 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
(b) the secure storage of such logbooks; and
(c) the period for which retention of such logbooks is required; and
(d) the furnishing to AFMA of such logbooks or of returns of information contained in them.
(1B) 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 a logbook, may extend to information in relation to:
(a) the taking of fish under that fishing 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.
(1C) The obligations arising under this section from a determination made under subsection (1) in relation to a particular fishery override any provision to the contrary, in force immediately before the making of the determination:
(a) in a plan of management for that fishery; or
(b) in a condition to which a fishing concession in respect of that fishery is subject.
(2) It is a condition of a fishing concession that the holder of the fishing concession will comply with the requirements of any determination made under subsection (1).
(3) A determination made under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
SCHEDULE 1
The logbooks CTF, SCA01A and SCQ02 a copy of the required pages and instructions each being attached to this instrument as Annexure 5, Annexure 23 and Annexure 24 respectively are determined for use in the Bass Strait Central Zone Scallop Fishery.
SCHEDULE 2
The logbooks AQ04, CS04, CTF, HC01 HC02, TR01, LN01A and SESS2A a copy of the required pages and instructions each being attached to this instrument as Annexure 2, Annexure 4, Annexure 5, Annexure 11, Annexure 13, Annexure 26 and Annexure 32 respectively are determined for use in the Coral Sea Fishery.
SCHEDULE 3
The logbook PS01 a copy of the required pages and instructions each being attached to this instrument as Annexure 18 is determined for use in the Eastern Skipjack Fishery.
SCHEDULE 4
The logbooks AL06, CTF, EST 02, EST02, LN01A, PS01, PT02A, SDS01 and TPB02 a copy of the required pages and instructions each being attached to this instrument as Annexure 1, Annexure 5, Annexure 7, Annexure 8, Annexure 13, Annexure 18, Annexure 19, Annexure 25 and Annexure 30 respectively are determined for use in the Eastern Tuna and Billfish Fishery.
SCHEDULE 5
The logbooks CTF and SESS2A a copy of the required pages and instructions each being attached to this instrument as Annexure 5 and Annexure 26 respectively are determined for use in the Heard Island and McDonald Islands Fishery.
SCHEDULE 6
The logbooks AL06, AQ04, CR4A, CS04, CTF, EFT01B, EST 02, EST02, GAB2B, GAB2C, HC01 HCO2, LE02, LN01A, TRO1, NP16, NT01A, NWS04, PS01, PTO2A, SBT02, SBT03B, SBT04A, SCA01A, SCQ02, SDS01, SESS2A, SQ05, SWT01A, TIS02A, TPB02 and TPB03 a copy of the required pages and instructions each being attached to this instrument as Annexure 1 through Annexure 31 respectively inclusive are determined for use in the High Seas Fishery.
SCHEDULE 7
The logbooks CTF, GAB2B, GAB2C, PS01 and SWT01A a copy of the required pages and instructions each being attached to this instrument as Annexure 5, Annexure 9, Annexure 10, Annexure 18 and Annexure 28 respectively are determined for use in the Informally Managed Fishery.
SCHEDULE 8
The logbooks CTF and SESS2A a copy of the required pages and instructions each being attached to this instrument as Annexure 5 and Annexure 26 respectively are determined for use in the Macquarie Island Fishery.
SCHEDULE 9
The logbook NP16 a copy of the required pages and instructions each being attached to this instrument as Annexure 15 is determined for use in the Northern Prawn Fishery. Catchlog Pro version 7.5.0.7 electronic logbook may also be used in the Northern Prawn Fishery instead of NP 16 Log
SCHEDULE 10
The logbook NWS04 a copy of the required pages and instructions each being attached to this instrument Annexure 17 is determined for use in the North West Slope Fishery.
SCHEDULE 11
The logbooks AL06, CR4A, CTF, PT02A, SBT02, SBT03B, SBT04A, TIS02A, TPB02 and TPB03 a copy of the required pages and instructions each being attached to this instrument as Annexure 1, Annexure 3, Annexure 5, Annexure 19, Annexure 20, Annexure 21, Annexure 22, Annexure 29 Annexure 30 and Annexure 31 respectively are determined for use in the Southern Bluefin Tuna Fishery.
SCHEDULE 12
The logbooks CTF, EFT01B, EST 02, EST02, GAB2B, GAB2C, LE02, LN01A, TR01, NT01A, SESS2A and SWT01A a copy of the required pages and instructions each being attached to this instrument as Annexure 5, Annexure 6, Annexure 7, Annexure 8, Annexure 9, Annexure 10, Annexure 12, Annexure 13, Annexure 14, Annexure 16, Annexure 26 and Annexure 28 respectively are determined for use in the Southern and Eastern Scalefish and Shark Fishery.
SCHEDULE 13
The logbooks CTF, GAB2B, GAB2C, PS01 and SWT01A a copy of the required pages and instructions each being attached to this instrument as Annexure 5, Annexure 9, Annexure 10, Annexure 18 and Annexure 28 respectively are determined for use in the Small Pelagic Fishery.
SCHEDULE 14
The logbooks CTF, SCQ02 and SQ05 a copy of the required pages and instructions each being attached to this instrument as Annexure 5, Annexure 24 and Annexure 27 respectively are determined for use in the Southern Squid Jig Fishery.
SCHEDULE 15
The logbooks CTF, EFT01B and SESS2A a copy of the required pages and instructions each being attached to this instrument as Annexure 5, Annexure 6 and Annexure 26 respectively are determined for use in the South Tasman Rise Fishery.
SCHEDULE 16
The logbook SWT01A a copy of the required pages and instructions each being attached to this instrument as Annexure 28 is determined for use in the Western Deep Water Fishery.
SCHEDULE 17
The logbook PS01 a copy of the required pages and instructions each being attached to this instrument as Annexure 18 is determined for use in the Western Skipjack Fishery.
SCHEDULE 18
The logbooks AL06, CTF, LN01, PS01, PT02A, SDS01 and TPB02 a copy of the required pages and instructions each being attached to this instrument as Annexure 1, Annexure 5, Annexure 13, Annexure 18, Annexure 19, Annexure 25 and Annexure 30 respectively are determined for use in the Western Tuna and Billfish Fishery.