Federal Register of Legislation - Australian Government

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Other as made
This instrument specifies the current Australian Fisheries Management Authority (AFMA) applicable logbooks to be used to record information for various fisheries.
Administered by: Agriculture
Registered 05 Sep 2011
Tabling HistoryDate
Tabled HR12-Sep-2011
Tabled Senate12-Sep-2011
Date of repeal 16 Sep 2015
Repealed by Torres Strait Fisheries Logbook Instrument 2015

                                                                                                                                                         

 

COMMONWEALTH OF AUSTRALIA

TORRES STRAIT FISHERIES ACT 1984

sub-Section 14(1)

Torres Strait Fisheries Logbook Instrument NO. 1

 

The Protected Zone Joint Authority, acting in accordance with the powers conferred on the Authority by sub-section 14(1) and paragraph 35(1)(a) of the Torres Strait Fisheries Act 1984, makes the following legislative instrument.

 

Dated this 26th day of August, 2011.

 

 

 

The Hon. Joe Ludwig, MP

Commonwealth Minister for Agriculture, Fisheries and Forestry

on behalf of the Protected Zone Joint Authority

_________________________________________________________________


CITATION

1.    This instrument may be cited as Torres Strait Fisheries Logbook Instrument No. 1.

COMMENCEMENT

2.    This instrument commences on the 35th day after it is registered on the Federal Register of Legislative Instruments.

WHICH LOGBOOKS MUST BE USED?

3.    The master of any boat licensed under section 19 of the Torres Strait Fisheries Act 1984 (the Act) or, a boat in respect of which an endorsement under section 20 of the Act is in force, who uses the boat in relation to the taking or processing of fish in any area of Australian jurisdiction is required to furnish the information required by paper or electronic logbook specified in Schedule 1 of this instrument.

WHEN MUST THE LOGBOOK BE USED?

4.    The specified paper or electronic logbook must be completed in accordance with the instructions set out therein on every day that the fishing licence is in force, regardless of whether or not fishing takes place on that day. This instrument extends to requiring all information in respect of fishing activities, its security, means for storage and transmission of the data therein to the Australian Fisheries Management Authority (AFMA), and the taking, disposal or sale of fish.

DURATION

5.    Subregulation 11(5) of the Torres Strait Fisheries Regulations 1985 (the Regulations) applies in respect of the logbooks noted in Schedule 1 beginning on the commencement of this instrument and ending three years from the commencement unless earlier revoked.

INTERPRETATION

6.    (1) In this instrument, unless the contrary intention appears:

                  "boat" means a boat used for fishing in one of the Torres Strait Fisheries;

            “distinguishing mark” in relation to a form of logbook, means the letter, number or symbol by which the logbook can be distinguished from other forms of logbooks;

“HC01 Log” means the form of logbook published by AFMA in November 2009 for which:

(a)        the title is “Hand Collection Daily Fishing Log”; and

(b)        the distinguishing mark is “HC01”;

“NP15 Log” means the form of logbook published by AFMA in February 2007 for which:

(a)        the title is “Northern and Torres Strait Prawn Fisheries Daily Fishing Log”; and

(b)        the distinguishing mark is “NP15”;

            “NP16 Log” means the form of logbook published by AFMA in July 2008 for which:

(a)        the title is “Northern and Torres Strait Prawn Fisheries Daily Fishing Log”; and

(b)        the distinguishing mark is “NP16”;

            “TRL04 Log” means the form of logbook published by AFMA in June 2003 for which:

(a)        the title is “Torres Strait Tropical Rock Lobster Daily Fishing Log”; and

(b)        the distinguishing mark is “TRL04”;

            “TSF01 Log” means the form of logbook published by AFMA in June 2003 for which:

(a)        the title is “Torres Strait Finfish Daily Fishing Log”; and

(b)        the distinguishing mark is “TSF01”;

 

(2)      A word used in this instrument that is used in the Act and the Regulations has the same meaning as the Act or the Regulations.

 

WHERE LOGBOOKS MAY BE OBTAINED

7.    For the purposes of paragraph 11(2)(b) of the Regulations non electronic logbooks noted in Schedule 1 to this instrument may be obtained from:

 

(a)             Australian Fisheries Management Authority
Thursday Island Office, 2nd Level, Pearls Building,
38 Victoria Parade,
Thursday Island  Queensland 4875
Tel: (07) 4069 1990, during normal business hours; or

(b)                   Canberra Office, 6th Floor,
73 Northbourne Avenue, 
Canberra City ACT 2610
Tel: (02) 6225 5555, during normal business hours.

8.    For the purposes of paragraph 11(2)(b) of the Regulations an electronic logbook noted in Schedule 1 can be obtained through the supplier:

 

(a)            Catchlog Trading Pty Ltd

                             109 Tills Street

                             Westcourt, Cairns Queensland 4870

                             Tel: (07) 4033 1322, during normal business hours.

______________________


SCHEDULE 1

 

The following logbooks are determined for use in Torres Strait Fisheries:

 

Torres Strait Bêche-de-mer Fishery

 

If Bêche-de-mer are taken in the area of the Torres Strait Bêche-de-mer Fishery on and from the date of commencement of this instrument, the HC01 Log must be used to record information about the taking of Bêche-de-mer.

 

Torres Strait Finfish Fishery (Spanish Mackerel and Reef Line Fisheries)

 

If fish of any species listed as mackerel or reef fish are taken by any method of trolling, handline or dropline in the area of the Torres Strait Spanish Mackerel and Reef Line Fisheries on and from the date of commencement of this instrument, the TSF01 Log must be used to record information about the taking of the fish.

 

Torres Strait Pearl Shell Fishery

 

If Pearl Shell are taken in the area of the Torres Strait Pearl Shell Fishery on and from the date of commencement of this instrument, the HC01 Log must be used to record information about the taking of Pearl Shell.

 

Torres Strait Prawn Fishery

 

If prawns of any kind are taken by any method of trawling using a boat in the area of the Torres Strait Prawn Fishery on and from the date of commencement of this instrument, the NP15 Log or the NP16 Log must be used to record information about the taking of the prawns.

 

Any electronic logbook that may have been approved from time to time by Legislative Instrument for use in the Northern Prawn Fishery under the Fisheries Management Act 1991 may be used in the Torres Strait Prawn Fishery instead of NP15 Log and NP16 Log.

 

Torres Strait Tropical Rock Lobster Fishery

 

If Tropical Rock Lobster (Panulirus ornatus) are taken on boats in the area of the Torres Strait Tropical Rock Lobster Fishery on and from the date of commencement of this instrument, the TRL04 Log must be used to record information about the taking of the lobsters, whether or not the lobsters are held live or frozen on board the boat or not.