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FISHERIES MANAGEMENT ACT 1991 - SECT 42 Determinations relating to logbooks and the furnishing of returns

FISHERIES MANAGEMENT ACT 1991 - SECT 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 legislative instrument .