EXPLANATORY STATEMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Eastern Tuna and Billfish Fishery Management Plan 2010
Fisheries Management (E-Monitoring Eastern Tuna and Billfish Fishery) Direction 2020
Authority
The Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (AFMA) may make a written direction under s40A(1), 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 electronic monitoring (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 Fishery
The Eastern Tuna and Billfish Fishery (ETBF) covers the area of waters in the Australian Exclusive Economic Zone (EEZ) included on the east coast of Australia between the south Australia/Victoria border and Cape York in the north. The ETBF also includes 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 by output controls in the form of individually transferable quotas granted under the Eastern Tuna and Billfish Fishery Management Plan 2010.
Background to Direction
AFMA is established under the Fisheries Administration Act 1991 (FA Act) and the objectives that it must pursue are contained in s3 of the Act and s6 of the FA Act.
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. To effectively carry out its legislative objectives and functions, AFMA requires accurate and comprehensive data on fishing activity.
E-monitoring is the electronic recording of fishing and related activities with the use of specialised equipment installed on boats for data collection and compliance purposes. E-monitoring equipment can include cameras, global positioning systems or sensors, and vessel monitoring systems, thereby generating a range of visual and non-visual data. E-monitoring complements other monitoring techniques, such as catch and effort logbooks and human observers.
Since 2015, e-monitoring has been mandated for all concession holders using the pelagic longline method in the ETBF fishing thirty shots or more in a season. Due to the level of fishing effort in the ETBF, all concession holders currently fishing are currently required to have an e-monitoring system installed and operating. The direction removes the thirty shot threshold and requires all concession holders fishing using the pelagic longline method in the ETBF to have an e-monitoring system installed regardless of the number of shots undertaken in a season.
The Direction
The Fisheries Management (E-Monitoring Eastern Tuna and Billfish Fishery) Direction 2020 directs all concession holders using the pelagic longline method in the ETBF to comply with e-monitoring obligations no later than three months from the date of this direction commencing or on the day the e-monitoring system is first installed within this period. This timeframe provides a reasonable period after the direction is made, by which compliance with the obligation or restriction must occur or commence in accordance with s40A(3) of the Act.
The direction also requires concession holders to monitor the functioning of the e-monitoring system and provide certain information to AFMA.
The direction is a legislative instrument for the purposes of the Legislation Act 2003.
Consultation
In November 2019, AFMA consulted with the industry association, Tuna Australia, which is supportive of the requirement for all concession holders using the pelagic longline method to have an installed and operating e-monitoring system on nominated boats.
In July 2020, AFMA consulted the Tropical Tuna Management Advisory Committee, which is supportive of the requirement for all concession holders using the pelagic longline method to have an installed and operating e-monitoring system on nominated boats.
The consultation for this direction accordingly satisfies the criteria in s40A(4) of the Act.
Regulation Impact Statement
The Office of Best Practice Regulation 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: 25697).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The direction is compatible with the human rights and freedoms recognised or declared in the international instruments listed in s3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011. 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 Fisheries Management (E-Monitoring Eastern Tuna and Billfish Fishery) Direction 2020. |
Clause 2 | Provides that the direction commences upon registration on the Federal Register of Legislation. |
Clause 3 | Provides that the direction is made under s40A(1) of the Act. |
Clause 4 | Provides definitions for certain terms mentioned in the direction. |
Clause 5 | Provides that the instrument that is specified in Schedule 1 to the direction is repealed as set out in the applicable items in the Schedule. |
Clause 6 | Provides for the requirements to install and operate an e-monitoring system. |
Clause 7 | Provides for the requirements to monitor the functioning of an e-monitoring system and to provide e-monitoring data. This clause provides the requirements that a concession holder (or person acting on behalf of the concession holder) must comply with to ensure their e-monitoring system is in good working order. This clause also provides for the concession holder to arrange repair of an e-monitoring system and provide e-monitoring data. |
Clause 8 | Provides for the requirements to provide certain information to AFMA. Under the clause a concession holder (or person acting on behalf of the concession holder) may be required by AFMA to give a statement to AFMA setting out the particulars in clause 8(1)(a)-(e). This statement must be provided in a reasonable time period. |
Schedule 1 | Repeals the E-monitoring (Eastern Tuna and Billfish Fishery) Direction No.2 |
|
|