8Exemption from requirement to keep and maintain e-logs

8 Exemption from requirement to keep and maintain e-logs

1. This section applies to a holder of a fishing concession to which subsections (2), (4) or (5) apply to the holder.

Before 1 January 2019

1. This subsection applies to a holder of a fishing concession:
   1. before 1 January 2019; and
   2. where the holder’s fishing concession authorises the holder to take fish in a fishery to which subsection (3) applies.
2. This subsection applies to:
   1. the Coral Sea Fishery; and
   2. the Eastern Skipjack Fishery; and
   3. the Eastern Tuna and Billfish Fishery; and
   4. the High Seas Fishery; and
   5. the North West Slope Fishery; and
   6. the Northern Prawn Fishery; and
   7. the Small Pelagic Fishery; and
   8. the Southern Bluefin Tuna Fishery; and
   9. the Western Deepwater Trawl Fishery; and
   10. the Western Skipjack Fishery; and
   11. the Western Tuna and Billfish Fishery.

Fishing for less than 50 days

1. This subsection applies to a holder of a fishing concession in a fishery when they have fished with a particular fishing method in the fishery for a total of:

(a) less than 50 days in the current fishing season; and

(b) less than 50 days in the preceding fishing season for that fishery.

Holder has significant difficulty complying with electronic requirement

1. This subsection applies to a holder of a fishing concession when:
   1. the holder provides an AFMA Licensing Officer with reasons and evidence that he or she has significant difficulty complying with the requirement to keep and retain an e-log in accordance with an electronic schema; and
   2. an AFMA Licensing Officer has considered the reasons and evidence as well as any further reasons and evidence provided under subsection (6); and
   3. the holder has received written notice from an AFMA Licensing Officer

that this subsection applies.

1. Before declining to provide written notice under paragraph (5)(c), the AFMA Licensing Officer must notify the holder of the fishing concession that they intend to decline giving such notice and afford the holder a reasonable opportunity to provide further reasons and evidence.
2. In this section:

AFMA Licensing Officer means an AFMA official with responsibility for managing or administering the licensing of fishing concessions.