DETERMINATION OF LOGBOOKS LOGBOOK DETERMINATION (PARTICULAR FISHERIES) 2013 NO. 2

Transcription

1 DETERMINATION OF LOGBOOKS Fisheries Management Act 1991 Subsection 42(1) LOGBOOK DETERMINATION (PARTICULAR FISHERIES) 2013 NO. 2 I, NICK RAYNS, Executive Manager Fisheries of the Australian Fisheries Management Authority, as its delegate pursuant to sub-delegation numbered 7 of 2013 dated 20 September 2013 from the Chief Executive Officer, make the following Determination under subsection 42(1) of the Fisheries Management Act Dated: 12 December 2013 Nick Rayns Executive Manager Fisheries Australian Fisheries Management Authority Citation 1. This Determination may be cited as the Logbook Determination (Particular Fisheries) 2013 No. 2. Commencement 2. This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments. Cessation 3. This Determination ceases as if revoked on 31st December 2018 unless further re-determined prior to that date any logbook herein, must not thereafter be used. Interpretation 4. Terms defined in the Fisheries Management Act 1991 (the FM Act) have the same meanings in this Determination.

2 Determination 5. Holders of fishing concessions granted for the Eastern Tuna Billfish Fishery, Western Tuna Billfish Fishery, Eastern Skipjack Tuna Fishery, Western Skipjack Tuna Fishery must keep maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook: (a) For concessions authorising the use of minor line fishing methods only (excluding pole): i. Line Fishing Daily Fishing Log LN01A; (b) For concessions authorising the use of minor line gillnet fishing methods: i. GILLNET Fishing Daily Log NT01A; (c) For concessions authorising the use of longline fishing methods: i. Australian Pelagic Longline Daily Fishing Log AL06; (d) For concessions authorising the use of purse seine fishing methods: i. Purse Seine Daily Fishing Log PS01A; (e) For concessions authorising the use of pole fishing methods: i. Australian Purse Seine Pole Daily Fishing Log TPB02; 6. Holders of fishing concessions granted for the Southern Bluefin Tuna Fishery must keep maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook: (a) For fish taken with the use of longline or minor line (excluding pole) fishing methods: i. Australian Pelagic Longline Daily Fishing Log AL06; ii. Commonwealth Pelagic Fisheries Catch Disposal Record PT02B; iii. Catch Monitoring Form CAMU02A; iv. Catch Tagging Form CTAU02A. (b) For fish taken with the use of pole fishing methods: i. Australian Purse Seine Pole Daily Fishing Log TPB02; ii. Southern Bluefin Tuna Fishery Catch Disposal Record - CR4A; or iii. Commonwealth Pelagic Fisheries Catch Disposal Record PT02B; iv. Catch Monitoring Form CAMU02A; v. Catch Tagging Form - CTAU02A. (c) For fish taken with the use of use of Purse Seine methods that are not led to a farm: i. Purse Seine Daily Fishing Log PS01A; ii. Southern Bluefin Tuna Fishery Catch Disposal Record - CR4A; or iii. Commonwealth Pelagic Fisheries Catch Disposal Record PT02B; iv. Catch Monitoring Form CAMU02A;

3 v. Catch Tagging Form - CTAU02A. (d) For fish taken with the use of Purse Seine methods that are led to a farm: i. Australian Purse Seine Pole Daily Fishing Log for Farmed Southern Bluefin Tuna Only TPB03; ii. Southern Bluefin Tuna Fishery Farm Catch Disposal Record SBT04B; iii. Catch Monitoring Form CAMU02A; iv. Catch Tagging Form - CTAU02A; v. Southern Bluefin Tuna Fishery Farm Catch Disposal Record Purse Seine Boat SBT02; vi. Farm Stocking Form FSAU; vii. Southern Bluefin Tuna Fishery Farm Transit Log SBT03B. (e) For fish that are exported from Australia; RE-EXPORT/EXPORT AFTER LANDING OF DOMESTIC PRODUCT REAU02. (f) For fish led to a farm that are subsequently transferred to another farm; Farm Transfer Form - FTAU. 7. For each of the fisheries specified in clauses 5 6; the holder must complete the logbook titled Australian Fish Export Statistical Document Program SDS01 for all tuna that is to be exported. 8. Holders of fishing concessions granted for the Northern Prawn Fishery must keep maintain the logbook Northern Torres Strait Prawn Fisheries Daily Fishing Log NP16, containing information in respect of their activities in accordance with the instructions in that logbook. 9. Holders of fishing concessions granted for the North West Slope Fishery must keep maintain the logbook NORTH WEST SLOPE DAILY FISHING LOG NWS04, containing information in respect of their activities in accordance with the instructions in that logbook. 10. Holders of fishing concessions granted for the Western Deep Water Trawl Fishery must keep maintain the logbook Southern Western Finfish Trawl Daily Fishing Log SWT01A, containing information in respect of their activities in accordance with the instructions in that logbook. 11. Holders of fishing concessions granted for the Southern Squid Jig Fishery must keep maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook: Commonwealth Scallop/Squid Catch Disposal Record SCQ02; Squid Jigging Daily Fishing Log SQ Holders of fishing concessions granted for the Small Pelagic Fishery must keep maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook: (a) For fish taken with the use of purse seine methods: i. Purse Seine Daily Fishing Log PS01A;

4 ii. Great Australian Bight Trawl Fishery Catch Disposal Record (b) For fish taken with the use of trawl fishing methods: i. Southern Western Finfish Trawl Daily Fishing Log SWT01A or Eastern Finfish Trawl Daily Fishing Log EFT01B; ii. Great Australian Bight Trawl Fishery Catch Disposal Record (c) For fish taken with the use of jigging method: i. Squid Jigging Daily Fishing Log SQ05; ii. Commonwealth Scallop/Squid Catch Disposal Record SCQ02 or Great Australian Bight Trawl Fishery Catch Disposal Record 13. Holders of fishing concessions granted for the Bass Strait Central Zone Scallop Fishery must keep maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook Commonwealth Scallop Daily Fishing Log SCA01A; Commonwealth Catch Disposal Document SESS2A. 14. Holders of fishing concessions granted for the Coral Sea Fishery must keep maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook: (a) For concessions authorising the use of trap fishing methods: i. Trap Fishing Daily Fishing Log TR01; (b) For concessions authorising the use of line fishing methods: i. Line Fishing Daily Fishing Log - LN01A; (c) For concessions authorising the use of trawl fishing methods: i. Eastern Finfish Trawl Daily Fishing Log EFT01B; (d) For concessions authorising the take of lobster, trochus or sea cucumber: H Collection Daily Fishing Log HC01 H Collection Catch Disposal Record HC02. (e) For concessions authorising the take of live rock: CORAL, SHELL GRIT & STAR SAND FISHERIES LOGBOOK. (f) For concessions authorising the take of live fish for the use of aquaria only: Aquarium Fish Fishery Logbook AQ Holders of fishing concessions granted for the Southern Eastern Scalefish Shark Fishery must keep maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook: (a) For concessions authorising the use of trap fishing methods: i. Trap Fishing Daily Fishing Log TR01; (b) For concessions authorising the use of gillnet fishing methods: i. GILLNET Fishing Daily Log NT01A;

5 (c) For concessions authorising the use of line fishing methods: i. Line Fishing Daily Fishing Log LN01A (d) For concessions authorising the use of trawl fishing methods in the area of the Commonwealth South East Trawl Sector, East Coast Deepwater Trawl Sector Victorian Coastal Waters Sector: i. Eastern Finfish Trawl Daily Fishing Log EFT01B;. (e) For concessions authorising the use of trawl fishing methods in the area of Commonwealth GAB Trawl Sector; i. Southern Western Finfish Trawl Daily Fishing Log SWT01A; ii. Great Australian Bight Trawl Fishery Catch Disposal Record 16. Holders of fishing concessions granted for the High Seas Fishery must keep maintain the following logbooks, containing information in respect of their activities in accordance with the instructions in that logbook: (a) For concessions authorising the use of trap fishing methods: i. Trap Fishing Daily Fishing Log TR01; (b) For concessions authorising the use of line fishing methods: i. Line Fishing Daily Fishing Log LN01A; or ii. Australian Pelagic Longline Daily Fishing Log AL06; or iii. Australian Purse Seine Pole Daily Fishing Log TPB02; iv. Commonwealth Catch Disposal Document SESS2A; or v. Commonwealth Pelagic Fisheries Catch Disposal Record PT02B. (c) For concessions authorising the use of trawl fishing methods: i. Eastern Finfish Trawl Daily Fishing Log EFT01B; or ii. NORTH WEST SLOPE DAILY FISHING LOG NWS04; or iii. Southern Western Finfish Trawl Daily Fishing Log SWT01A; iv. Commonwealth Catch Disposal Document SESS2A; or v. Great Australian Bight Trawl Fishery Catch Disposal Record 17. For all concession holders transporting fish taken from a declared fishery, as described in Fish Receiver Permits Declaration 2007 (F2007L01461) or a declaration made under s91(1) of the FM Act, in greater than one consignment which are to be received by a person granted a Commonwealth Fish Receiver Permit: Commonwealth Managed Fisheries Transit Form CTF. Form & Content 18. For the purpose of this instrument the form content of the logbooks specified in clauses 5 through17 are published as follows:

6 (a) Australian Pelagic Longline Daily Fishing Log AL06; as published in the 2011 pages inclusive. (b) Line Fishing Daily Fishing Log LN01A; as published in the 2011 pages inclusive. (c) Australian Purse Seine Pole Daily Fishing Log TPB02; as published in the 2011 pages inclusive. (d) Purse Seine Daily Fishing Log PS01A; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages inclusive. (e) Northern Torres Strait Prawn Fisheries Daily Fishing Log NP16; as Wednesday, 15 June 2011 pages inclusive. (f) NORTH WEST SLOPE DAILY FISHING LOG NWS04; as published in the 2011 pages inclusive. (g) Southern Western Finfish Trawl Daily Fishing Log SWT01A; as Wednesday, 15 June 2011 pages inclusive. (h) Eastern Finfish Trawl Daily Fishing Log EFT01B; as published in the 2011 pages inclusive. (i) GILLNET Fishing Daily Log NT01A; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages inclusive. (j) Commonwealth Pelagic Fisheries Catch Disposal Record PT02B; as Wednesday, 15 June 2011 pages inclusive. (k) Australian Fish Export Statistical Document Program SDS01; as Wednesday, 15 June 2011 pages inclusive. (l) Australian Purse Seine Pole Daily Fishing Log for Farmed Southern Bluefin Tuna Only TPB03; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages inclusive. (m) Catch Monitoring Form CAMU02A; as published in the Commonwealth of Australia Gazette No. C2013G01762, Wednesday, 27 November (n) Catch Tagging Form CTAU02A; as published in the Commonwealth of Australia Gazette No. C2013G01762, Wednesday, 27 November (o) Southern Bluefin Tuna Fishery Catch Disposal Record CR4A; as Wednesday, 15 June 2011 pages inclusive. (p) Southern Bluefin Tuna Fishery Farm Catch Disposal Record Purse Seine Boat SBT02; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages inclusive. (q) Farm Stocking Form FSAU; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages inclusive.

7 (r) (s) (t) (u) (v) Farm Transfer Form - FTAU; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages inclusive. RE-EXPORT/EXPORT AFTER LANDING OF DOMESTIC PRODUCT REAU02; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages inclusive. Southern Bluefin Tuna Fishery Farm Catch Disposal Record SBT04B; as Wednesday, 15 June 2011 pages inclusive. Southern Bluefin Tuna Fishery Farm Transit Log SBT03B; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages inclusive. Commonwealth Scallop/Squid Catch Disposal Record SCQ02; as Wednesday, 15 June 2011 pages inclusive. (w) Squid Jigging Daily Fishing Log SQ05; as published in the 2011 pages inclusive. (x) (y) (z) Great Australian Bight Trawl Fishery Catch Disposal Record GAB2C; as Wednesday, 15 June 2011 pages inclusive. Commonwealth Scallop Daily Fishing Log SCA01A as published in the 2011 pages inclusive. Trap Fishing Daily Fishing Log TR01; as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages inclusive. (aa) Commonwealth Catch Disposal Document SESS2A; as published in the 2011 pages inclusive. (bb) H Collection Daily Fishing Log HC01 H Collection Catch Disposal Record HC02, as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages inclusive. (cc) Aquarium Fish Fishery Logbook AQ04, as published in the 2011 page (dd) CORAL, SHELL GRIT & STAR SAND FISHERIES LOGBOOK, as Wednesday, 15 June 2011 page (ee) Commonwealth Managed Fisheries Transit Form CTF; as published in the 2011 pages inclusive. 19. A person will be taken to have complied with the requirement to complete submit a logbook in accordance with clauses 5 through 17 if; (a) the person submits to AFMA by electronic transmission a record containing information in respect of all their fishing activities detailing relevant species taken for the period stated in the data;

8 (b) the electronic transmission is in a form compatible with being received by AFMA; (c) the person can subsequently produce a written acknowledgement from AFMA confirming that each record transmitted has been received otherwise satisfactorily meets the obligations as to form content requirements of the logbook determined in that clause. Note: Guidance on how to complete electronic logbook submissions can be found on the AFMA website at or by calling AFMA Direct on Note: The option to submit electronic transmissions in lieu of completing a logbook is not available for all methods in all fisheries. Where electronic transmission is not provided for, holders must complete submit the logbook(s) specified in clauses 5 through 17 in accordance with its instructions. 20. Electronic transmissions of data must cover the whole period of each fishing trip or a paper copy of the logbook must be provided. All information so transmitted will be taken to be warranted by the sender to be accurate as if the concession holder had signed the logbook page. Information may only be corrected by the holder by a written notice to AFMA within 7 days following the acknowledgement referred to in clause 19(c) being sent to the holder. Revocation of previous Determination 21. This Determination revokes the Logbook Determination (Particular Fisheries) 2013 with effect from the commencement of this Determination.