EXPLANATORY STATEMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Western Tuna and Billfish Fishery Management Plan 2005
E-MONITORING (WESTERN TUNA AND BILLFISH FISHERY) DIRECTION 2015
Subsection 40A of the Fisheries Management Act 1991 (the Management Act) provides that the Australian Fisheries Management Authority (the Authority) may make a written direction requiring any person who holds a fishing concession, or a scientific permit, of a class prescribed in the direction, to comply with obligations that are prescribed in the direction relating to the e-monitoring of fishing related activity or prescribed restrictions on engaging in fishing if any obligation in the direction has not been, or is not being complied with.
The direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Fishery
The Western Tuna and Billfish Fishery (WTBF) covers the area of waters in the Australian Exclusive Economic Zone (EEZ) included on the west coast of Australia, westward from Cape York Peninsula (142°30’E) off Queensland to 34°S off the west coast of Western Australia. It also extends eastward from 34°S off the west coast of Western Australia, across the Great Australian Bight to 141°E at the South Australian/Victorian border. The fishery also includes Australian waters outside of 12 nm off Christmas Island and Cocos Keeling Islands. The Plan also applies to Australian boats fishing on the high seas within the Indian Ocean Tuna Commission’s (IOTC) Area of Competence.
Management in the WTBF has been through output controls in the form of individually transferable quotas since the Plan was determined in 2005.
Background to Direction
In order to effectively carry out its legislative objectives and functions, AFMA requires accurate and comprehensive data on fishing activity. Under legislation, 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.
E-monitoring involves the electronic recording of fishing and related activities for data collection and compliance purposes, through the use of specialised equipment installed on boats. E-monitoring equipment can include cameras, global positioning systems or sensors, and vessel monitoring systems, and can therefore generate a range of visual and non-visual e-monitoring data. E-monitoring complements other monitoring techniques, such as logbooks and observers and, over time, is expected to largely replace the use of observers.
The Direction
The E-MONITORING (WESTERN TUNA AND BILLFISH FISHERY) DIRECTION 2015 directs concession holders in the WTBF to comply with e-monitoring obligations. The direction requires certain concession holders in the WTBF to have an e-monitoring system installed and operating on a nominated boat by 1 July 2015.
The direction also requires concession holders to monitor the functioning of the e-monitoring system and provide certain information to the Authority.
Consultation
AFMA consulted widely before developing this direction.
AFMA consulted with the Tropical Tuna Management Advisory Committee (TTMAC) on 26 March 2015. TTMAC provided comments and suggested some changes to the draft direction. All recommended changes suggested by TTMAC have been incorporated into the direction.
AFMA also consulted with individual fishing concession holders, a number of whom made submissions which were taken into account by AFMA.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this direction consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature (ID:17027).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
This legislative instrument does not infringe any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Accordingly, in the Authority’s assessment, this legislative instrument is compatible with human rights and a declaration is attached. The direction places limitations on the prohibition on interference with privacy and the right to work; however, those limitations are reasonable, necessary and proportionate.
Details of the direction are set out below:
Clause 1 | Provides for the direction to be cited as the E-MONITORING (WESTERN TUNA AND BILLFISH FISHERY) DIRECTION 2015. |
Clause 2 | Provides that the direction commences on the day after it is registered on the Federal Register of Legislative Instruments. |
Clause 3 | Provides that the direction ceases on 31 December 2024 unless earlier revoked. |
Clauses 4- 8 | Provides definitions for certain terms mentioned in the direction and that terms used in the direction that are defined in the Western Tuna and Billfish Fishery Management Plan 2005 (the Plan) and the Management Act, have the same meanings they have in the Plan and Management Act. |
Clauses 9-12 | Provides for the requirements to install and operate an e-monitoring system. |
Clauses 13-18 | Provides for the requirements to monitor the functioning of an e-monitoring system and to provide e-monitoring data. |
Clauses 19-20 | Provides for the requirements to provide certain information to AFMA. |
Clauses 21-23 | Provides for miscellaneous requirements. |