E-Monitoring (Eastern Tuna and Billfish Fishery) Direction 2015

Overview

The E-MONITORING (EASTERN TUNA AND BILLFISH FISHERY) DIRECTION 2015 was enacted by the Australian Fisheries Management Authority (AFMA) to address the need for effective monitoring and compliance in the Eastern Tuna and Billfish Fishery (ETBF). This direction is a legislative instrument under the Fisheries Management Act 1991 and aims to ensure that concession holders in the ETBF comply with electronic monitoring (e-monitoring) obligations, replacing the need for human observers and enhancing the accuracy of data collected. The direction was developed following extensive consultation with stakeholders, including the Tropical Tuna Management Advisory Committee and individual fishing concession holders, to incorporate their feedback and recommendations. The policy objective of the direction is to support AFMA's mandate of ensuring ecologically sustainable fisheries management and to facilitate efficient, cost-effective monitoring of fishing activities in the ETBF.

Scope and Application

The E-MONITORING (EASTERN TUNA AND BILLFISH FISHERY) DIRECTION 2015 applies to individuals and entities holding fishing concessions or scientific permits under the Eastern Tuna and Billfish Fishery (ETBF) within the Australian Exclusive Economic Zone (EEZ), specifically between the south Australia/Victoria border and Cape York in the North, including the restricted entry zone in the Coral Sea and the high seas zone. This direction is an instrument under the Fisheries Management Act 1991, which empowers the Australian Fisheries Management Authority (AFMA) to mandate e-monitoring obligations for specified concession holders in the ETBF to ensure accurate data collection on fishing activities. The geographic scope of this direction is confined to the ETBF region, encompassing both coastal and high seas zones. The direction requires certain concession holders to install and operate e-monitoring systems on their nominated boats by 1 July 2015, and to provide specific information and data to AFMA. This legislative instrument does not include any explicit exclusions or exemptions and will remain in effect until 31 December 2024 unless earlier revoked. The direction supplements the broader legislative framework by enabling AFMA to enforce compliance with e-monitoring requirements through subordinate instruments, thereby extending its regulatory reach and ensuring effective fisheries management within the specified fishery.

Key Provisions

The E-MONITORING (EASTERN TUNA AND BILLFISH FISHERY) DIRECTION 2015, under subsection 40A of the Fisheries Management Act 1991 (the Management Act), mandates that any person holding a fishing concession or a scientific permit of a class prescribed in the direction must comply with specific obligations related to the e-monitoring of fishing-related activities or prescribed restrictions on engaging in fishing if any obligation in the direction has not been, or is not being complied with. This direction, which is a legislative instrument under the Legislative Instruments Act 2003, is aimed at ensuring accurate and comprehensive data on fishing activity in the Eastern Tuna and Billfish Fishery (ETBF) (clauses 9-18). The ETBF covers the Australian Exclusive Economic Zone (EEZ) on the east coast of Australia between the South Australia/Victoria border and Cape York in the North, including a restricted entry zone in the Coral Sea and a high seas zone that provides specific arrangements for fishing in the ETBF beyond the Australian EEZ. Management in the ETBF is conducted through output controls in the form of individually transferable quotas granted under the Eastern Tuna and Billfish Fishery Management Plan 2010 (the Plan). The Australian Fisheries Management Authority (AFMA) is required to ensure that the exploitation of fisheries resources is ecologically sustainable, to implement efficient and cost-effective fisheries management, and to collect information about possible breaches of the law and the management of and research into fisheries and the marine environment (section 3 of the Management Act). To achieve these objectives, AFMA requires concession holders in the ETBF to install and operate an e-monitoring system on a nominated boat by 1 July 2015 (clauses 9-12). These systems must be capable of recording fishing and related activities electronically for data collection and compliance purposes through the use of specialised equipment, such as cameras, global positioning systems, sensors, and vessel monitoring systems (clauses 13-18). Additionally, concession holders are required to monitor the functioning of the e-monitoring system, provide certain information to AFMA, and comply with miscellaneous requirements (clauses 19-23). AFMA has imposed several obligations on parties governed by the direction. Concession holders must install and operate an e-monitoring system on a nominated boat by 1 July 2015, and ensure that the system is functioning correctly at all times (clauses 9-12). They must also provide AFMA with the e-monitoring data and other specified information (clauses 13-18). Failure to comply with these obligations can result in civil and criminal consequences. The maximum penalty for a breach of this direction is 120 penalty units, which equates to approximately AUD 13,000 (section 40A of the Management Act). Additionally, non-compliance with the direction may lead to further actions by AFMA, such as the suspension or revocation of fishing concessions or scientific permits, which can have significant financial and operational impacts on the parties involved.