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

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2015L00733 Not in force Legislative Instrument

Legislation content

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.

 

 

Overview

The E-MONITORING (WESTERN TUNA AND BILLFISH FISHERY) DIRECTION 2015 was enacted by the Australian Fisheries Management Authority under the Fisheries Management Act 1991 to address the need for accurate and comprehensive data on fishing activity within the Western Tuna and Billfish Fishery (WTBF). This direction applies to concession holders in the WTBF, mandating the installation and operation of e-monitoring systems on nominated boats by 1 July 2015. The objective is to electronically record fishing and related activities for data collection and compliance purposes, thereby enhancing the monitoring of fishing activities and ensuring sustainable exploitation of fishery resources. The direction was developed following consultations with stakeholders, including the Tropical Tuna Management Advisory Committee and individual fishing concession holders, to ensure that the requirements are practical and effective.

Scope and Application

The E-MONITORING (WESTERN TUNA AND BILLFISH FISHERY) DIRECTION 2015 applies to persons holding fishing concessions or scientific permits within the Western Tuna and Billfish Fishery (WTBF), specifically those fishing in Australia’s Exclusive Economic Zone (EEZ) along the west coast, extending from Cape York Peninsula to the South Australian/Victorian border, and including waters around Christmas Island and Cocos Keeling Islands. The geographic scope also encompasses Australian vessels fishing on the high seas within the Indian Ocean Tuna Commission’s Area of Competence. The direction mandates that certain concession holders install and operate e-monitoring systems on their nominated boats by 1 July 2015, which include equipment such as cameras, global positioning systems, sensors, and vessel monitoring systems to electronically record fishing activities. The obligation to comply with the direction is enforced under the Fisheries Management Act 1991, and the direction itself ceases to have effect on 31 December 2024 unless earlier revoked. This legislative instrument does not require a Regulation Impact Statement as it is deemed a minor regulatory change, and it is compatible with human rights as it imposes reasonable, necessary, and proportionate limitations on privacy and work rights.

Key Provisions

The E-MONITORING (WESTERN TUNA AND BILLFISH FISHERY) DIRECTION 2015 outlines specific requirements for concession holders in the Western Tuna and Billfish Fishery (WTBF) to implement e-monitoring systems. Section 40A of the Fisheries Management Act 1991 allows the Australian Fisheries Management Authority (AFMA) to mandate compliance with e-monitoring obligations through this direction, which applies to certain classes of fishing concessions and scientific permits (Clause 4). These obligations include the installation and operation of e-monitoring systems, the monitoring of system functionality, and the provision of relevant data and information to AFMA (Clauses 9-20). Concession holders in the WTBF must ensure that an e-monitoring system is installed on a nominated boat by 1 July 2015 and is fully operational (Clause 9). These systems must be capable of recording fishing and related activities electronically, using equipment such as cameras, global positioning systems, sensors, and vessel monitoring systems (Clause 10). Concession holders are also required to regularly monitor the functioning of the e-monitoring system to ensure it operates correctly and to report any malfunctions or issues to AFMA (Clause 13). Additionally, concession holders must provide AFMA with specific information related to their fishing activities, such as the catch data and operational details, as required by the direction (Clauses 19-20). Failure to comply with the provisions of the E-MONITORING (WESTERN TUNA AND BILLFISH FISHERY) DIRECTION 2015 can result in various consequences. The direction does not explicitly outline specific offences, penalties, or consequences for non-compliance, but non-compliance may be considered a breach of the Fisheries Management Act 1991. Under the Act, breaches may result in civil or criminal penalties, including fines and imprisonment, depending on the severity and circumstances of the offence. The exact penalties would be determined by the courts and are subject to the provisions of the Fisheries Management Act 1991 and other relevant legislation.

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Area of Law
Environmental Law
Fisheries Law
Instrument
Direction
Concepts
Definitions & Interpretation
Compliance Obligations
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.