Federal Register of Legislation - Australian Government

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Determinations/Fisheries as amended, taking into account amendments up to Logbooks for Fisheries Amendment Determination 2019 (No. 1)
Administered by: Agriculture
Registered 15 Jan 2020
Start Date 19 Dec 2019
Table of contents.

 

 

Commonwealth Coat of Arms

Fisheries Management (Logbooks for Fisheries) Determination 2018

made under Subsection 42(1) of the Fisheries Management Act 1991

Compilation No. 1     

Compilation date:                              19 December 2019
                       

Includes amendments up to:            F2019L01666

About this compilation

 

This compilation

This is a compilation of the Fisheries Management (Logbooks for Fisheries) Determination 2018 that shows the text of the law as amended and in force on 19 December 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  



 

1  Name

                   This instrument is the Fisheries Management (Logbooks for Fisheries) Determination 2018.

2  Commencement

 This instrument commences the day after registration on the Federal Register for Legislation.

3  Authority

                This instrument is made under section 42 of the Act.

Note:          It is a condition of a fishing concession that the holder will comply with the requirements made in this instrument, see subsection 42(2) of the Act.  

4  Definitions

Note:          A number of expressions used in this instrument are defined in definitions section of the Act, including the following:

(a)      AFMA; 

(b)     AFZ; 

(c)      Australian boat; 

(d)     boat; 

(e)      CEO; 

(f)      fish; 

(g)     fishery;

(h)     fishing;

(i)       fishing concession.

                 In this instrument, unless indicated otherwise:

Act means the Fisheries Management Act 1991.

AFMA official means persons who are ‘officials of the Authority’ as described in paragraph 5A(c) of the Fisheries Administration Act.  

Bass Strait Central Zone Scallop Fishery means the area of waters described as the ‘area of the fishery’ in the Bass Strait Central Zone Scallop Management Plan 2002.  

Commonwealth GAB Trawl Sector has the meaning given by section 3 of the SESSF Management Plan.  

Commonwealth South East Trawl Sector has the meaning given by section 3 of the SESSF Management Plan.  

Coral Sea Fishery means the area of waters with that name described in section 4B of the Regulations.

declared fishery means a fishery declared in a declaration made under subsection 91(1) of the Act.  

East Coast Deepwater Trawl Sector has the meaning given by section 3 of the SESSF Management Plan.  

Eastern Skipjack Fishery means the area of waters with that name described in section 4B of the Regulations.   

Eastern Tuna and Billfish Fishery means the area of waters described as the

‘area of the fishery’ for an Australian boat in the Eastern Tuna and Billfish Fishery Management Plan 2010.

e-log means a logbook kept in electronic form which has the form and content of an electronic schema.  

electronic schema has the meaning given by subsection 6(1).  

High Seas Fishery permit means a fishing permit authorising the holder of the permit to fish in any area of waters any area of waters outside the AFZ and the Economic Exclusive Zone of another country that is specified in the fishing permit.  

holder of a fish receiver permit means a person who holds a permit granted by AFMA under subsection 91(2) of the Act.  

interaction has the meaning given by section 9ZQ of the Regulations.  

listed marine species has the meaning given by the Environmental Protection and Biodiversity Conservation Act 1999.  

logbook has the meaning given by section 6.  

nominated boat means the boat:

(a) nominated to a fishing concession by the holder that concession under section 9AB of the Regulations; or 

(b) specified in a fishing permit under subsection 32(1A) of the Act.  

Northern Prawn Fishery means the area of waters described as the ‘Northern Prawn Fishery area’ in the Northern Prawn Fishery Management Plan 1995.  

North West Slope Fishery means the area of waters described with that name in section 4B of the Regulations.   protected community has the meaning given by section 9ZQ of the Regulations.  

protected species has the meaning given by section 9ZQ of the Regulations.  

Regulations means the Fisheries Management Regulations 1992.  

SESSF Management Plan means the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.  

Small Pelagic Fishery means the area of waters described as the ‘area of the fishery’ in the Small Pelagic Fishery Management Plan 2009 

Southern and Eastern Scalefish and Shark Fishery means the area of waters described as the ‘area of the fishery’ in the SESSF Management Plan.  

Southern Bluefin Tuna Fishery means the area of waters described as the ‘SBT Fishery area’ in the Southern Bluefin Tuna Fishery Management Plan 1995 

Southern Squid Jig Fishery means the area of waters described as the ‘area of the fishery’ in the Southern Squid Jig Fishery Management Plan 2005.  

Victorian Coastal Waters Sector has the meaning given by section 3 of the SESSF Management Plan.  

Western Deepwater Trawl Fishery means the area of waters with that name described in section 4B of the Regulations.

Western Skipjack Fishery means the area of waters described with that name in section 4B of the Regulations.

Western Tuna and Billfish Fishery means the area of waters described as the ‘area of the fishery’ for an Australian boat in the Western Tuna and Billfish Fishery Management Plan 2005 

5  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6  E-logs and electronic schema

(1)    If a logbook is required by this instrument to be kept and maintained in electronic form (e-log) it must have a particular form and content (the electronic schema).  

(2)    The electronic schema for the purposes of this Instrument are: 

(a)    EGNET; 

(b)    ELINE; 

(c)    EPRAWN; 

(d)    ESEINE; 

(e)    ETRAWL.  

(3)    The content required to be kept and maintained for each electronic schema is prescribed in Schedule 2 to this instrument.  

(4)    In Schedule 2, subject to contrary intention:

(a)    length is to be recorded in metres; 

(b)    depth is to be recorded in metres; 

(c)    temperature is to be recorded in degrees centigrade; 

(d)    weight is to be recorded in kilograms; 

(e)    time is to be recorded in hours; 

(f)     latitude and longitude is to be recorded in decimal degrees.  

(5)    Where person is required to keep and maintain an e-log in an electronic schema, it must be furnished to AFMA in a form that complies with detailed specifications available on the AFMA website:

Note:          As of the date that this instrument is made, the detailed specifications for electronic schema are available on the AFMA website at .www.afma.gov.au/fisheriesservices/logbooks/e-logs-information/ 

7  Logbooks

(1)    A reference to a logbook in this instrument is a reference to that logbook

described in an item in column 1 of the table in Schedule 3 to this instrument.  

(2)    The form and content of the logbook described in an item in column 1 of the table in Schedule 3 is prescribed in the Gazette at the reference specified in column 2 of the table in Schedule 3.  

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

(2)    This subsection applies to a holder of a fishing concession:

(a)    before 1 January 2019; and 

(b)    where the holder’s fishing concession authorises the holder to take fish in a fishery to which subsection (3) applies.  

(3)    This subsection applies to: 

(a)    the Coral Sea Fishery; and 

(b)    the Eastern Skipjack Fishery; and 

(c)    the Eastern Tuna and Billfish Fishery; and 

(d)    the High Seas Fishery; and 

(e)    the North West Slope Fishery; and 

(f)     the Northern Prawn Fishery; and 

(g)    the Small Pelagic Fishery; and 

(h)    the Southern Bluefin Tuna Fishery; and 

(i)      the Western Deepwater Trawl Fishery; and 

(j)      the Western Skipjack Fishery; and 

(k)    the Western Tuna and Billfish Fishery.  

                    Fishing for less than 50 days

(4)    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

(5)    This subsection applies to a holder of a fishing concession when:

(a)    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 

(b)    an AFMA Licensing Officer has considered the reasons and evidence as well as any further reasons and evidence provided under subsection (6); and 

(c)    the holder has received written notice from an AFMA Licensing Officer

that this subsection applies.  

(6)    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.  

(7)    In this section:

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

9  Bass Strait Central Zone Scallop Fishery 

(1)    A holder must keep and maintain: 

(a)    Commonwealth Scallop Daily Fishing Log SCA01B logbook; and 

(b)    Commonwealth Scallop/Squid Catch Disposal Document SCQ02B

logbook.  

(2)    The holder must furnish the logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(3)    In this section:

          holder means a holder of a fishing concession authorising the person to take fish in the Bass Strait Central Zone Scallop Fishery.  

10  Coral Sea Fishery

(1)    If a holder is authorised to use the fishing method specified in an item in column 1 of the table then: 

(a)    the holder must keep and maintain an e-log in the electronic schema in column 2 of the table unless paragraphs (b) or (c) apply; or 

(b)    if there is no entry in column 2 of the table, the holder must keep and maintain the logbooks specified in column 3 of the table; or 

(c)    if section 8 applies to the holder, the holder must keep and maintain the logbooks specified in column 3 of the table.  

 

Item

Column 1

Fishing method

Column 2

Electronic schema

Column 3

Logbooks

1

Fishing trap methods

 

(a) Trap Fishing Daily Fishing Log TR01; and

(b) Commonwealth Catch Disposal Document SESS2A and SESS2B. 

2

Line fishing methods

ELINE

(a) Line Fishing Daily Log LM01B; and

(b) Commonwealth Catch Disposal Document SESS2A and SESS2B.  . 

3

Trawl fishing methods

ETRAWL

(a) Eastern Finfish Trawl Daily Fishing Log EFT01C; and

(b) Commonwealth Catch Disposal Document SESS2A and SESS2B.  .

 

(2)    If a holder is authorised to take lobster, trochus or sea cucumber then the holder must keep and maintain:

(a)    Hand Collection Daily Fishing Log HC911 logbook; and             

(b)    Hand Collection Catch Disposal Record HC02 logbook.  

(3)    If a holder is authorised to take live rock then the holder must keep and maintain the Coral, Shell Grit & Sand Star Fisheries Logbook logbook.  

(4)    If a holder is authorised to take live fish for use in aquaria then the holder must keep and maintain the Aquarium Fish Fishery Logbook AQ04 logbook.  

(5)    The holder must furnish any e-log required to be kept and maintained under this section to AFMA before any fish are unloaded from the holder’s nominated boat at the end of a trip.  

(6)    The holder must furnish any logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(7)    In this section:

holder means a holder of a fishing concession authorising the person to take fish in the Coral Sea Fishery.  

11  Eastern and Western Tuna Fisheries

(1)    This section applies to the following fisheries: 

(a)    the Eastern Skipjack Fishery; and 

(b)    the Eastern Tuna and Billfish Fishery; and 

(c)    the Western Skipjack Fishery; and 

(d)    the Western Tuna and Billfish Fishery.  

(2)    If a holder is authorised to use the fishing method specified in an item in column 1 of the table then: 

(a)    the holder must keep and maintain an e-log in the electronic schema in column 2 of the table unless paragraphs (b) or (c) apply; or 

(b)    if there is no entry in column 2 of the table, the holder must keep and maintain the logbooks specified in column 3 of the table; or 

(c)    if section 8 applies to the holder, the holder must keep and maintain the logbooks specified in column 3 of the table.  

 

Item

Column 1

Fishing method

Column 2

Electronic schema

Column 3

Logbooks

1

Minor line methods only (excluding pole)

ELINE

(a)  Line Fishing Daily Fishing Log

LN01B; and 

(b)  Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.

2

Minor line and gillnet fishing methods

EGNET

(a)  Gillnet Fishing Daily Log NT01A; and 

(b)  Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.

Item

Column 1

Fishing method

Column 2

Electronic schema

Column 3

Logbooks

3

Longline fishing methods

ELINE

(a)  Australian Pelagic Longline Daily Fishing Log AL06; and 

(b)  Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.  

4

Purse seine fishing methods

 

(a)  Purse Seine Daily Fishing Log

AL06; and 

(b)  Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.  

5

Pole fishing methods

 

(a)  Australian Purse Seine and Pole

Daily Fishing Log TPB02; and 

(b)  Commonwealth Pelagic Fisheries Catch Disposal Record PT02B.  

 

(3)    If the holder exports any tuna caught under their fishing concession, the holder must keep and maintain the Australian Fish Export Statistical Document Program SDS01 for all tuna that is exported.  

(4)    The holder must furnish any e-log required to be kept and maintained under this section to AFMA before any fish are unloaded from the holder’s nominated boat at the end of a trip.  

(5)    The holder must furnish any logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(6)    In this section:

holder means a holder of a fishing concession authorising the person to take fish in the fishery to which this section applies.  

12  High Seas Fishery

(1)    If a holder is authorised to use the fishing method specified in an item in column 1 of the table then: 

(a)    the holder must keep and maintain an e-log in the electronic schema in column 2 of the table unless paragraphs (b) or (c) apply; or 

(b)   if there is no entry in column 2 of the table, the holder must keep and maintain the logbook specified in column 3 of the table; or 

(c)    if section 8 applies to the holder, the holder must keep and maintain the logbook specified in column 3 of the table.  

 

Item

Column 1

Fishing method

Column 2

Electronic schema

Column 3

Logbook

1

Trap fishing methods

 

(a) Trap Fishing Daily Fishing Log TRL01; and

(b) Commonwealth Catch Disposal Document SESS2A and SESS2B. 

2

Line fishing methods

ELINE

(a) either:

(i)       Line Fishing Daily Log LN01B; or

(ii)     Australian Pelagic Longline Daily Fishing Log AL06; and

(b) either:

(i)       Commonwealth Catch Disposal Document SESS2A and SESS2B; or

(ii)     Commonwealth Pelagic Fisheries Catch Disposal Record PT02B. 

3

Trawl fishing methods

ETRAWL

(a) either:

(i)       Eastern Finfish Trawl Daily Fishing Log EFT01C; or

(ii)     North West Slope Daily Fishing Log NWS04; or

(iii)    Southern and Western Finfish Trawl Daily Fishing Log SWT01B; and

(b) either:

(i)       Commonwealth Catch Disposal Document SESS2A and SESS2B; or

(ii)     Great Australian Bight Trawl Fishery Catch Disposal Record GAB2C. 

 

(2)    The holder must furnish any e-log required to be kept and maintained under this section to AFMA before any fish are unloaded from the holder’s nominated boat at the end of a trip.  

(3)    The holder must furnish any logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(4)    In this section:

                holder means a holder of a High Seas Fishery permit.  

13  Northern Prawn Fishery

(1)    Subject to subsection (2), a holder must keep and maintain an e-log that meets the requirements of ETRAWL.  

(2)    If section 8 applies to the holder, the holder must keep and maintain the Northern and Torres Strait Prawn Fisheries Daily Fishing Log NP16 logbook.  

(3)    The holder must furnish any e-log required to be kept and maintained under this section to AFMA before any fish are unloaded from the holder’s nominated boat at the end of a trip.  

(4)    The holder must furnish any logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(5)    In this section:

holder means a holder of a fishing concession authorising the person to take fish in the Northern Prawn Fishery.  

14  North West Slope Fishery

(1)    Subject to subsection (2), a holder is authorised to fish in the North West Slope Fishery the holder must keep and maintain an e-log that meets the requirements of ETRAWL.  

(2)    If section 8 applies to the holder, the holder must keep and maintain the North West Slope Daily Fishing Log NWS04 logbook.  

(3)    The holder must furnish any e-log required to be kept and maintained under this section to AFMA before any fish are unloaded from the holder’s nominated boat at the end of a trip.  

(4)    The holder must furnish any logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(5)    In this section:

holder means a holder of a fishing concession authorising the person to take fish in the North West Slope Fishery.  

15  Small Pelagic Fishery

(1)    If a holder is authorised to use the fishing method specified in an item in column 1 of the table then: 

(a) the holder must keep and maintain an e-log in the electronic schema in column 2 of the table unless paragraphs (b) or (c) apply; or 

(b) if there is no entry in column 2 of the table, the holder must keep and maintain the logbooks specified in column 3 of the table; or

(c) if section 8 applies to the holder, the holder must keep and maintain the logbooks specified in column 3 of the table.  

 

Item

Column 1

Fishing method

Column 2

Electronic schema

Column 3

Logbooks

1

Purse seine fishing methods

 

(a)  Purse Seine Daily Fishing Log

PS01A; and 

(b)  Great Australian Bight Trawl Fishery Catch Disposal Record GAB2C.  

2

Trawl fishing methods

ETRAWL

(a)  either: 

(i)       Southern and Western Finfish

Trawl Daily Fishing Log

SWT01B; or 

(ii)     Eastern Finfish Trawl Daily Fishing Log EFT01C; and 

(b)  Great Australian Bight Fishery

Catch Disposal Record GAB2C.  

3

Jigging methods

 

(a)  Squid Jigging Daily Fishing Log

SQ05; and 

(b)  Great Australian Bight Fishery

Catch Disposal Record GAB2C.  

4

Minor line methods

 

(a)  Line Fishing Daily Fishing Log

LN01B; and 

(b)  Great Australian Bight Fishery

Catch Disposal Record GAB2C.

 

(2)    The holder must furnish any e-log required to be kept and maintained under this section to AFMA before any fish are unloaded from the holder’s nominated boat at the end of a trip.  

(3)     The holder must furnish any logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(4)     In this section:

holder means a holder of a fishing concession authorising the person to take fish in the Small Pelagic Fishery.  

16  Southern and Eastern Scalefish and Shark Fishery

(1)    If a holder is authorised to use the fishing method specified in an item in column 1 of the table then: 

(a) the holder must keep and maintain an e-log in the electronic schema in column 2 of the table unless paragraphs (b) or (c) apply; or 

(b) if there is no entry in column 2 of the table, the holder must keep and maintain the logbooks specified in column 3 of the table; or 

(c) if section 8 applies to the holder, the holder must keep and maintain the logbooks specified in column 3 of the table.  

 

Item

Column 1

Fishing method

Column 2

Electronic schema

Column 3

Logbooks

1

Trap fishing methods

 

(a) Trap Fishing Daily Log TR01; and

(b) Commonwealth Catch Disposal Document SESS2A and SESS2B. 

2

Gillnet fishing methods

EGNET

(a) Gillnet Fishing Daily Log NT01B; and

(b) Commonwealth Catch Disposal Document SESS2A and SESS2B

3

Line fishing methods

ELINE

(a) Line Fishing Daily Fishing Log LN01B; and

(b) Commonwealth Catch Disposal Document SESS2A and SESS2B. 

4

Trawl fishing methods in the Commonwealth South East Trawl Sector, East Coast Deepwater Trawl Sector and Victorian Coastal Waters Sector

ESEINE

(a) Eastern Finfish Trawl Daily Fishing Log EFT01C; and

(b) Commonwealth Catch Disposal Document SESS2A and SESS2B.

5

Trawl fishing methods in the Commonwealth GAB Trawl Sector

ESEINE

(a) Southern and Western Finfish Trawl Daily Fishing Log SWT01B; and

(b) Great Australian Bight Fishery Catch Disposal Record GAB2C. 

 

(2)    The holder must furnish any e-log required to be kept and maintained under this section to AFMA before any fish are unloaded from the holder’s nominated boat at the end of a trip.  

(3)    The holder must furnish any logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(4)    In this section:

                    holder means a holder of a fishing concession authorising the person to take fish in the Southern and Eastern Scalefish and Shark Fishery.  

17  Southern Bluefin Tuna Fishery

(1)     If a holder is authorised to use the fishing method specified in an item in column 1 of the table then: 

(a) the holder must keep and maintain an e-log in the electronic schema in column 2 of the table unless paragraphs (b) or (c) apply; or 

(b) if there is no entry in column 2 of the table, the holder must keep and maintain the logbook specified in column 3 of the table; or

(c) if section 8 applies to the holder, the holder must keep and maintain the logbook specified in column 3 of the table.  

 

Item

Column 1

Fishing method

Column 2

Electronic schema

Column 3

Logbook

1

Longline and minor line (excluding pole) fishing methods

ELINE

(a)  Australian Pelagic Longline Daily Fishing Log AL06; and 

(b)  Commonwealth Pelagic Fisheries

Catch Disposal Record PT02B; and 

(c)   Catch Monitoring Form CMAU02C; and 

(d)  Catch Tagging Form CTAU02A.  

Item

Column 1

Fishing method

Column 2

Electronic schema

Column 3

Logbook

2

Pole fishing methods

 

(a)  Australian Purse Seine and Pole Daily Fishing Log TPB02; and 

(b)  Southern Bluefin Tuna Catch

Disposal Record CR4A; and 

(c)   Commonwealth Pelagic Fisheries

Catch Disposal Record PT02B; and 

(d)  Catch Monitoring Form CMAU02C; and 

(e)   Catch Tagging Form CTAU02A.  

3

Purse seine fishing methods (where the fish are not landed to a farm)

 

(a)  Purse Seine Daily Fishing Log

PS01A; and 

(b)  Southern Bluefin Tuna Catch

Disposal Record CR4A; and 

(c)   Commonwealth Pelagic Fisheries

Catch Disposal Record PT02B; and 

(d)  Catch Monitoring Form CMAU02C; and 

(e)   Catch Tagging Form CTAU02A.  

4

Purse seine fishing methods (where the fish are landed to a farm) 

 

(a)  Australian Purse Seine and Pole

Daily Fishing Log for Farmed

Southern Bluefin Tuna Only TPB03; and 

(b)  Southern Bluefin Tuna Fishery Farm Catch Disposal Record SBT04B; and 

(c)   Catch Monitoring Form CTAU02C; and 

(d)  Catch Tagging Form CTAU02A; and 

(e)   Southern Bluefin Tuna Fishery Farm

Catch Disposal Record – Purse

Seine Boat SBT02; and 

(f)   Farm Stocking Form FSAU; and 

(g)   Southern Bluefin Tuna Fishery Farm Transit Log SBT03B.  

 

(2)    If the holder exports any tuna caught under their fishing concession, the holder must keep and maintain the Australian Fish Export Statistical Document Program SDS01 logbook for all tuna that is exported.  

(3)    The holder must furnish any e-log required to be kept and maintained under this section to AFMA before any fish are unloaded from the holder’s nominated boat at the end of a trip.  

(4)    The holder must furnish any logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(5)    In this section:

                   holder means a holder of a fishing concession authorising the person to take fish in the Southern Bluefin Tuna Fishery.  

18  Southern Squid Jig Fishery

(1)    A holder must keep and maintain: 

(a) the Commonwealth Scallop/Squid Catch Disposal Record SCQ02B logbook; and 

(b) the Squid Jigging Daily Fishing Log SQ06 logbook.  

(2)    The holder must furnish any logbooks required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(3)    In this section:

       holder means a holder of a fishing concession authorising the person to take fish in the Southern Squid Jig Fishery.  

19  Western Deepwater Trawl Fishery

(1)    Subject to subsection (2), a holder must keep and maintain an e-log that meets the requirements of ETRAWL.  

(2)    If section 8 applies to the holder, the holder must keep and maintain the Southern and Western Finfish Trawl Daily Fishing Log SWT01B logbook.  

(3)    The holder must furnish any e-log required to be kept and maintained under this section to AFMA before any fish are unloaded from the holder’s nominated boat at the end of a trip.  

(4)    The holder must furnish any logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.  

(5)    In this section:

       holder means a holder of a fishing concession authorising the person to take fish in the Western Deepwater Trawl Fishery.  

20  Transportation of fish taken in a declared fishery

(1)    If subsection (2) applies, the holder of a fishing concession must keep and maintain the Commonwealth Managed Fisheries Transit Form CTF logbook.  

(2)    This subsection applies where: 

(a)    the holder’s fishing concession authorises the holder to take fish in a declared fishery; and 

(b)    the holder has taken fish from a declared fishery; and 

(c)    after landing the fish, transports the fish to a holder of a fish receiver permit; and 

(d)    transports the fish in more than one consignment.  

(3)    The holder must furnish any logbook required to be kept and maintained under this section to AFMA within 3 calendar days from the date that fish are unloaded from a nominated boat.      


 

Schedule 1—Repeals

Logbooks for Fisheries Determination 2017

1  The whole of the instrument

Repeal the instrument

 

             

Schedule 2—Content of e-logs

1   Content required for all electronic schema

For the purpose of section 6, all electronic schema must contain the following content described in column 1 of the table.  

 

Item

Column 1

Content required to be kept and maintained

1

Client information:

(a)                 AFMA client ID; and 

(b)                 concession holder name; and

(c)                 contact email address.  

2

Vessel information about the boat being used for fishing: 

(a)                 AFMA boat identification number; and 

(b)                 the distinguishing symbol for the boat; and 

(c)                 the radio call sign for the boat; and

(d)                 the name of the boat.  

3

Whilst at sea for longer than 24 hours, with respect to any day(s) during which no fishing occurs:

(a)                 the reason(s) why no fishing occurred; and

(b)                 the date and time that the non-fishing period started; and 

(c)                 the date and time the non-fishing period ended.  

4

For each trip undertaken: 

(a)  the unique identification number for the trip (which may be automatically generated); and 

(b)  the date and time of departure on the trip; and 

(c)   the date and time of return on the trip; and 

(d)  the port departed from; and 

(e)   the port returned to; and 

(f)   the date and time of return to port.  

5

For each fishing activity undertaken during a trip: 

(a)  the activity type; and 

(b)  the date and time that the activity started; and 

(c)   the date and time that the activity ended; and 

(d)  the name of the fishery in which the boat was operating.  


 

Item

Column 1

Content required to be kept and maintained

6

Listed marine species and threatened species interactions: 

(a)  the species of animal; and 

(b)  the date and time the interaction occurred; and 

(c)   the latitude of the position of the boat when the interaction occurred; and 

(d)  the longitude of the position of the boat when the interaction occurred; and 

(e)   the total number of interactions with animals of the same species interacted with within the same date, time and location; and 

(f)   the activity being undertaken at the time the interaction occurred; and 

(g)   if the interaction occurred during a shot, the shot number; and 

(h)  the life status of the animal, or animals, interacted with; and 

(i)    the number of individual animals, of the same species and life status, interacted with during the same interaction event; and 

(j)    to the extent possible in the circumstances, if the animal has a band or tag record, the details of the record including any numbers or colours; and

 (k) to the extent possible in the circumstances: 

(i)       the sex of the animal; 

(ii)     whether the animal was a juvenline or an adult; and 

(iii)    what part of the animal was tangled; and

 (iv)             where in the gear the animal was tangled; and 

(v)   how the animal was released.  

 

2. Content required for specific electronic schema

For the purpose of section 6, the electronic schema described in an item in column 1 must have the content prescribed in column 2.  

 

Item

Column 1

Electronic schema

Column 2

Content required to be kept and maintained

1

EGNET

(a) the species name for all fish caught, including retained and discarded fish; and

(b) for fish caught and retained:

(i)             the size of any fish bins being used; and

(ii)            the number of fish bins being used; and

(iii)          the estimated processed weight of retained fish; and

(iv)          the type of processing used, by species and processing type; and

(v)           the number of fish caught. 

(c) for fish caught and discarded:

(i)             the reason for discarding the fish; and

(ii)            the estimated total weight of all discarded species; and

(iii)          the number of finfish (if any) discarded; and 

(d) for each shot during a trip:

(i)             the fishing method used; and

(ii)            whether or not an observer was on board the boat; and

(iii)          the date the shot started; and

(iv)          the shot number (starting at 1 and continuing in sequence for each trip); and

(v)           the type of fishing being undertaken (either for commercial or research purposes): and

(vi)          the species of fish being targeted before setting gear; and

(e) for each gillnet shot during a trip:

(i)             the maximum depth fished; and

(ii)            the minimum depth fished; and

(iii)          the date and time the haul started; and

(iv)          the date and time the haul ended; and

(v)           the date and time the set started; and

(vi)          the date and time the set ended; and

(vii)        the latitude for the position of the boat at the end of the set; and

(viii)       the longitude for the position of the boat at the end of the set; and

(ix)          the average temperature recorded at fishing depth during the shot; and

(x)           the fishing ground being fished; and

(xi)          if undertaking research, a description of the research being undertaken; and

(xii)        the sea surface temperature of the shot; and

(xiii)       whether the shot was deployed successfully or whether there were any problems with setting the shot; and

(xiv)      the latitude for the position of the boat at the start of the set; and

(xv)        the longitude for the position of the boat at the start of the set; and

(xvi)      whether the boat was fishing inside or outside 3 nautical miles of the coastline; and

(xvii)     the height of the net; and

(xviii)   the mesh size of the net (in millimetres); and

(xix)      the net length per mesh of the net; and

(xx)        the number of meshes per drop; and

(xxi)      the total length (if any) of net lost; and

(xxii)     any further information considered by the holder of the fishing concession to be relevant. 

2

ELINE

(a) the species name for all fish caught, including retained and discarded fish; and

(b) for fish caught and retained:

(i)             the size of any fish bins being used; and

(ii)            the number of fish bins being used; and

(iii)          the estimated processed weight of retained fish; and

(iv)          the type of processing used, by species and processing type; and

(v)           the number of fish caught. 

(c) for fish caught and discarded:

(i)             the reason for discarding the fish; and

(ii)            the estimated total weight of all discarded species; and

(iii)          the number of fish (if any) discarded; and 

(d) for the weight of any bait species caught; and

(e) for each shot:

(i)             the fishing method used; and

(ii)            whether an observer was on the boat; and

(iii)          the date the shot started; and

(iv)          the shot number (starting at 1 and continuing in sequence for each trip); and

(v)           the type of fishing being undertaken (either for commercial or research purposes): and

(vi)          the species of fish being targeted before setting gear; and

(vii)        the type(s) of seabird mitigation measures used to reduce interaction with seabirds. 

(f) for each bait shot:

(i)             the life status of the bait used; and

(ii)            the source of the bait used; and

(iii)          the weight of the bait used; and

(iv)          the species of bait used; and

(g) for each minor line shot:

(i)             the number of lines used; and

(ii)            the average temperature at fishing depth; and

(iii)          the fishing ground being fished; and

(iv)          the number of hours fished per day; and

(v)           the latitude for the location where the most fish were caught; and

(vi)          the longitude for the location where the most fish were caught; and

(vii)        if undertaking research, a description of the research being undertaken; and

(viii)       the sea surface temperature of the shot; and

(ix)          the date and time that fishing commenced; and

(x)           whether the boat was fishing inside or outside 3 nautical miles of the coastline; and

(xi)          any further information considered by the holder of the fishing concession to be relevant; and

(h) for each demersal longline and trotline shot:

(i)             the number of hooks used; and

(ii)            the total length of line used;

(iii)          the estimated length of line lost; and

(iv)          the estimated number of hooks lost; and

(v)           the maximum depth fished; and

(vi)          the minimum depth fished; and

(vii)        the date and time the set started; and

(viii)       the date and time the set ended; and

(ix)          the latitude for the position of the boat at the start of the set; and

(x)           the longitude for the position of the boat at the start of the set; and

(xi)          the latitude for the position of the boat at the end of the set; and

(xii)        the longitude for the position of the boat at the end of the set; and the date and time the haul started; and

(xiii)       the date and time the haul ended; and

(xiv)      the average temperature recorded at fishing depth; and

(xv)        the fishing ground being fished; and

(xvi)      if undertaking research, a description of the research being undertaken; and

(xvii)     the sea surface temperature of the shot; and

(xviii)   whether the shot was deployed successfully or whether problems occurred; and

(xix)      whether the boat was fishing inside or outside 3 nautical miles of the coastline; and

(xx)        any further information considered by the holder of the fishing concession to be relevant; and

(i) for each dropline shot:

(i)            the average number of hooks per line; and

(ii)           the number of times the lines were lifted during the shot; and

(iii)         the estimated length of line lost; and

(iv)         the estimated number of hooks lost; and

(v)          the maximum depth fished; and

(vi)         the minimum depth fished; and

(vii)       the average temperature recorded at fishing depth during the shot; and

(viii)      the fishing ground being fished; and

(ix)         the number of hours fished per calendar day; and

(x)          the latitude for the location where the most fish were caught; and

(xi)         the longitude for the location where the most fish were caught; and

(xii)       if undertaking research, a description of the research being undertaken; and

(xiii)      the sea surface temperature of the shot; and

(xiv)     the date and time the set started; and

(xv)       whether the boat was fishing inside or outside 3 nautical miles of the coastline; and

(xvi)     any further information considered by the holder of the fishing concession to be relevant; and

(j) for each pelagic longline shot:

(i)            the branchline weighting regime used; and

(ii)           whether the line shooter was used; and

(iii)         the number of hooks set between bubbles; and

(iv)         if lightsticks are used, the total number of lightsticks used for the shot; and

(v)          the vessel’s shooting speed in knots; and

(vi)         the total number of hooks used in the shot; and

(vii)       the total length of line used in the shot; and

(viii)      an estimated length of the line lost; and

(ix)         the maximum depth fished; and

(x)          the minimum depth fished; and

(xi)         the date and time the haul ended; and

(xii)       the latitude for the position of the boat at the end of the haul; and

(xiii)      the longitude for the position of the boat at the end of the haul; and

(xiv)     the date and time the set ended; and

(xv)       the latitude for the position of the boat at the end of the set; and

(xvi)     the longitude for the position of the boat at the end of the set; and

(xvii)    the average temperature recorded at fishing depth during the shot; and

(xviii)  the fishing ground being fished; and

(xix)     if undertaking research, a description of the research being undertaken; and

(xx)       the sea surface temperature of the shot; and

(xxi)     whether the shot was deployed successfully or not; and

(xxii)    the date and time the haul started; and

(xxiii)  the latitude for the position of the boat at the start of the haul; and

(xxiv)  the longitude for the position of the boat at the start of the haul; and

(xxv)   the date and time the set started; and

(xxvi)  the latitude for the position of the boat at the start of the set; and

(xxvii)the longitude for the position of the boat at the start of the set; and

(xxviii)                 any further information considered by the holder of the fishing concession to be relevant. 

3

EPRAWN

(a) the species name for all fish caught, including retained and discarded fish; and

(b) for fish caught and retained:

(i)             the average weight of full cartons for each species; and

(ii)            the estimated processed weight of retained fish for each species; and

(iii)          the form code; and

(iv)          the grade for prawns, expressed as a count per pound; and

(v)           the processing type (if any) used for finfish, molluscs and crustaceans; and

(vi)          the number of cartons used for each species; and

(vii)        the number of fish (if any) that are retained. 

(c) for fish caught and discarded:

(i)             the reason for discarding the fish; and

(ii)            the estimated total weight of all discarded species; and

(iii)          the number of finfish (if any) discarded; and  

(d) for each shot during a trip:

(i)             the fishing method used; and

(ii)            whether or not an observer was on board the boat; and

(iii)          the date the shot started; and

(iv)          the shot number (starting at 1 and continuing in sequence for each trip); and

(v)           the type of fishing being undertaken (either for commercial or research purposes): and

(vi)          the species of fish being targeted before setting gear; and

(vii)        indicate whether a bycatch reduction device was used during the shot; and

(viii)       describe any bycatch reduction device used during the shot; and

(e) for each prawn trawl shot during the trip:

(i)            the type of net being used; and

(ii)           the number of nets towed; and

(iii)         the average bottom depth; and

(iv)         the average temperature at the average bottom depth; and

(v)          the fishing ground in which the prawn trawl shot occurred; and

(vi)         the number of hours spent trawling in each 24-hour period; and

(vii)       the number of hours spent searching in each 24 hour period; and

(viii)      the number of shots completed in each 24 hour period; and

(ix)         the latitude for the location where the most fish were caught; and

(x)          the longitude for the location where the most fish were caught; and

(xi)         if undertaking research, a description of the research being undertaken; and

(xii)       any further information considered by the holder of the fishing concession to be relevant. 

4

ESEINE

(a) the species name for all fish caught, including retained and discarded fish; and

(b) for fish caught and retained:

(i)             if using fish bins, the size of the bins being used; and

(ii)            if using fish bins, the number of fish bins; and

(iii)          the estimated processed weight of retained fish; and

(iv)          for each type of processing used, a report for the processing type used for individual species; and

(v)           for each species retained, the grade; and

(vi)          if applicable, the number of fish caught; and

(c) for fish caught and discarded:

(i)             the reason for discarding the fish; and

(ii)            the estimated total weight of all discarded species; and

(iii)          the number of fish (if any) discarded; and 

(d) for each shot:

(i)             the fishing method used; and

(ii)            whether or not an observer was on board the boat; and

(iii)          the date the shot started; and

(iv)          the shot number (starting at 1 and progressing sequentially for each trip); and

(v)           whether the fishing was for commercial, research or other purposes; and

(vi)          whether a bycatch reduction device was used; and

(vii)        a description of any bycatch reduction device used; and

(e) for each seine shot:

(i)             the mesh orientation (eg. square or diamond); and

(ii)            the mesh size used (in millimetres); and

(iii)          the estimated wing spread; and

(iv)          the height of the largest part of the ground gear (in millimetres); and

(v)           the type of ground gear being used;

(vi)          the weight of the ground gear;

(vii)        the headline height;

(viii)       the length of headrope; and

(ix)          the length of rope per each side of the Danish seine; and

(x)           the type of net used; and

(xi)          the maximum depth fished; and

(xii)        the minimum depth fished; and

(xiii)       the date and time the haul ended; and

(xiv)      the average temperature recorded at fishing depth during the shot; and

(xv)        the fishing ground being fished; and

(xvi)      if undertaking research, a description of the research being undertaken; and

(xvii)     the sea surface temperature of the shot; and

(xviii)   whether the shot was deployed successfully or not; and

(xix)      the date and time the set started; and

(xx)        the latitude for the position of the boat at the start of the set; and

(xxi)      the longitude for the position of the boat at the start of the set; and

(xxii)     whether or not the boat was fishing within 3 nautical miles of the coastline; and

(xxiii)   any further information considered by the holder of the fishing concession to be relevant. 

5

ETRAWL

(a) the species name for all fish caught, including retained and discarded fish; and

(b) for fish caught and retained:

(i)             the number of cartons used; and

(ii)            the average weight of full cartons; and

(iii)          if using fish bins, the number of fish bins; and

(iv)          if using fish bins, the size of the fish bins; and

(v)           the estimated processed weight of retained fish; and

(vi)          for each type of processing used, a report for the processing type used for individual species; and

(vii)        for each species retained, the grade; and

(viii)       if applicable, the number of fish caught; and

(c) for fish caught and discarded:

(i)             the reason for discarding the fish; and

(ii)            the estimated total weight of all discarded species; and

(iii)          the number of fish (if any) discarded; and 

(d) for each shot:

(i)             the fishing method used; and

(ii)            whether or not an observer was on board the boat; and

(iii)          the date the shot started; and

(iv)          the shot number (starting at 1 and progressing sequentially for each trip); and

(v)           whether the fishing was for commercial, research or other purposes; and

(vi)          the species of fish being targeted before setting the gear; and

(vii)        whether a bycatch reduction device was used; and

(viii)       a short description of any bycatch reduction device that was used; and

(e) for each finfish and scampi trawl shot:

(i)             the mesh orientation; and

(ii)            the mesh size used (in millimetres); and

(iii)          the estimated wing spread; and

(iv)          the height of the largest part of the ground gear (in millimetres); and

(v)           the type of ground gear used; and

(vi)          the weight of the ground gear; and

(vii)        the headline height; and

(viii)       the length of the headrope; and

(ix)          the trawl board towing length; and

(x)           the type of trawl board used; and

(xi)          the type of net used; and

(xii)        the number of nets being towed; and

(xiii)       the maximum depth fished; and

(xiv)      the minimum depth fished; and

(xv)        the latitude for the position of the boat at the end of the set; and

(xvi)      the longitude for the position of the boat at the end of the set; and

(xvii)     the average temperature recorded at fishing depth during the shot; and

(xviii)   the fishing ground being fished; and

(xix)      if undertaking research, a description of the research being undertaken; and

(xx)        the sea surface temperature of the shot; and

(xxi)      whether the shot was deployed successfully or not; and

(xxii)     the date and time the haul started; and

(xxiii)   the latitude for the position of the boat at the start of the set; and

(xxiv)   the longitude for the position of the boat at the start of the set; and

(xxv)    any further information considered by the holder of the fishing concession to be relevant. 


 

Schedule 3—Form and content of logbooks

1  Logbooks

For the purpose of section 7, the form and content of a logbook described in an item in column 1 of the table is prescribed in the Gazette at the reference in column 2 in the table.  

 

Item

Column 1

Logbook

Column 2

Reference to gazettal

1

AL06

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1227 – 1236 

2

AQ04

Gazette No. GN 23, Wednesday, 15 June 2011 page 1237

3

CMAU02C

C2017G00101

4

Coral,

Shell Grit

& Sand

Star

Fisheries

Logbook

Gazette No. GN 23, Wednesday, 15 June 2011 page 1254

5

CR4A

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1248 – 1253 

6

CTAU02A

C2013G01762

7

EFT01C

C2016G00444

8

FSAU

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1275 – 1277 

9

FTAU

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1278 – 1279

10

GAB2C

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1280 – 1287

11

HC01

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1288 – 1301

12

LN01B

C2016G00442

13

NP16

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1312 – 1327

14

NT01A

Gazette No.GN 23, Wednesday, 15 June 2011 pages 1328 – 1337

15

NT01B

C2016G00443

16

NWS04

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1338 -1346

17

PS01A

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1347 – 1356

18

PT02B

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1357 – 1364

19

REAU02

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1365 – 1371

20

SBT02

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1372 -1376

Item

Column 1

Logbook

Column 2

Reference to gazettal

21

SBT03B

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1377 – 1383

22

SBT04B

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1384 -1387

23

SDS01

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1384 -1387

24

SWT01B

C2016G00445

25

TPB02

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1436 – 1440

26

TPB03

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1441 – 1448

27

SCQ02B

C2019G01125

28

SESS2A

and

C2014G01056

 

SESS2B

 

29

SQ05

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1418 - 1425

30

SCA01B

C2017G01174

31

TR01

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1217 – 1226

32

Transit

Form CTF

Gazette No. GN 23, Wednesday, 15 June 2011 pages 1217 – 1226


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Logbooks for Fisheries Amendment Determination 2019 (No.1)

18 Dec 2019 (F2019L01666)

19 Dec 2019 (s 2)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 9

am F2019L01666

s 18

am F2019L01666

Schedule 3 item 27

rs F2019L01666