EXPLANATORY STATEMENT
Fisheries Management Act 1991
Fisheries Management (E-monitoring Eastern Tuna and Billfish Fishery) Direction 2026
Legal Authority
Subsection 40A(1) 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:
- Under subsection 40A(1)(a) of the Management Act - obligations that are prescribed in the direction relating to the electronic monitoring (e-monitoring) of fishing-related activity; or
- Under subsection 40A(1)(b) of the Management Act - prescribed restrictions on engaging in fishing if any obligation prescribed under subsection 40A(1)(a) has not been, or is not being, complied with.
Subsection 40A(2) of the Management Act sets out some examples of obligations that may be prescribed under subsection 40A(1) of the Management Act. Subsection 40A(2) of the Management Act does not limit subsection 40A(1)(a) of the Management Act.
The Fisheries Management (E-Monitoring Eastern Tuna and Billfish Fishery) Direction 2026 (the Direction) is a legislative instrument for the purposes of the Legislation Act 2003 (the LA).
Background
The Authority is established under the Fisheries Administration Act 1991 (the FA Act) and, in performing its functions, must pursue the objectives set out in section 6 of that Act. These include ensuring the ecologically sustainable use of fisheries resources, implementing efficient and cost‑effective fisheries management, and collecting information relevant to compliance, fisheries management and research. To support these functions, the Authority requires access to accurate, timely and comprehensive data on fishing activity.
E-monitoring is the electronic recording of fishing and related activities using specialised equipment installed on vessels for data collection and compliance purposes. E‑monitoring systems may include cameras, global positioning systems, sensors and vessel monitoring systems, and generate both visual and non‑visual data. These systems complement other monitoring methods, such as logbooks and human observers.
E‑monitoring has been progressively implemented in the Eastern Tuna and Billfish Fishery (ETBF) as a key component of the monitoring framework. Its use in the ETBF was first formalised through a direction made in 2015 under subsection 40A(1) of the Management Act, which mandated e‑monitoring systems for concession holders using the pelagic longline method. Since that time, the regulatory framework has been developed through a series of directions, which have been updated periodically to reflect operational experience, technological developments and evolving compliance and data requirements.
The Direction repeals and replaces the Fisheries Management (E‑Monitoring Eastern Tuna and Billfish Fishery) Direction 2021. It introduces amendments to modernise and strengthen the regulatory framework, including updated obligations relating to system installation and configuration, system functionality and outage reporting, and the secure and timely handling of e‑monitoring data, while removing certain administrative requirements that are not necessary.
Purpose
The purpose of the Direction is to support the Authority in fulfilling its statutory functions and achieving its objectives under the FA Act, including ecologically sustainable fisheries management, effective compliance, and informed decision‑making through the collection of accurate and reliable data.
The Direction imposes obligations on concession holders using the pelagic longline method in the ETBF in relation to the installation, configuration, operation, monitoring and maintenance of e‑monitoring systems, and the provision of e‑monitoring data to the Authority. These requirements are intended to ensure that e‑monitoring systems are properly installed, remain operational, and generate reliable data capable of supporting the Authority’s regulatory and management functions.
By strengthening requirements relating to system performance, outage notification and data handling, the Direction improves the integrity, reliability and availability of e‑monitoring data. This, in turn, supports enhanced compliance monitoring, evidence‑based decision‑making, and the sustainable management of the fishery.
The Fishery
The 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. A fishing concession authorising fishing in the ETBF is the class of concession that the Direction applies to.
Sunsetting
The Direction does not have an expiry date; however, Part 4 of Chapter 3 of the LA (the sunsetting provisions) applies to the instrument.
Consultation
The Authority presented a draft of the Direction to the Tropical Tuna Management Advisory Committee (TTMAC) on 15 May 2026, with feedback considered in the final drafting.
Management Advisory Committees (MACs) are statutory committees established by the Authority under section 56 of the FA Act. The main function of MACs is to provide advice to Authority on the preparation of management arrangements, the operation of the relevant fishery and reporting to the Authority on scientific, economic and other information on the status of fish stocks, sub-stocks, species (target and non-target species) and the impact of fishing on the marine environment. This advice assists the Authority in its role to regulate commercial fishing of Commonwealth fisheries. Memberships of these committees include an independent chair and representative from the Authority, the fishing industry, scientific and conservation experts.
The consultation for this direction accordingly satisfies the criteria in s40A(4) of the Management Act.
Overview and content of instrument
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 2026. |
Clause 2 | Provides that the instrument commences on 1 July 2026. |
Clause 3 | Provides that the Direction is made under s40A(1) of the Management Act. |
Clause 4 | Provides definitions of certain terms used in the Direction, including by reference to definitions already contained in Section 4 of the Management Act. |
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. |
Schedule 1 | Repeals the Fisheries Management (E-Monitoring Eastern Tuna and Billfish Fishery) Direction 2021. |
Documents incorporated by reference
The instrument incorporates by reference the Fisheries Management (Type Approved E-monitoring Systems) Direction 2026, as existing from time to time. That Direction specifies the types of E-monitoring system that must be used. The Direction is freely available on the Federal Register of Legislation at www.legislation.gov.au.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Fisheries Management (E-monitoring Eastern Tuna and Billfish Fishery) Direction 2026
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The Direction implements E-monitoring in the Eastern Tuna and Billfish Fishery. Monitoring of the fishery supports sustainable management of the fishery and compliance with legislative and fishery management plan requirements.
Human rights implications
The Direction engages the following rights under international human rights law:
Right to work - Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); and
Right to privacy – Article 22 of the CRPD and Article 17 of the International Covenant on Civil and Political Rights (ICCPR).
Right to work – Article 6 of the ICESCR
Article 6 of ICESCR recognises the right to work and 'includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts'. The Direction engages the right to work by imposing on fishing concession holders (or persons acting on their behalf), who are engaged in commercial fishing operations, an obligation to use E-monitoring equipment that would capture images of the fishing operation, including the means by which the operation is conducted and the amount and type of fish captured, which is commercially sensitive information.
Further, a fishing concession holder would not be permitted to conduct commercial fishing operations if it does not comply with the Direction. This requirement reflects a proportionate approach whereby compliance with the Direction is not onerous, but it would otherwise be difficult for the Authority to monitor compliance by fishing concession holders with fisheries legislation if the e-monitoring equipment was not installed on nominated boats. To the extent that the Direction engages the right to work, any restriction is proportionate and necessary in achieving the protection of fisheries. Further, e-monitoring data is accessible by the e-monitoring service provider and the Authority.
Right to privacy – Article 22 of the CRPD and Article 17 of the ICCPR
Article 22 of the CRPD and Article 17 of the ICCPR provides that no one shall be subjected to arbitrary or unlawful interference with their privacy.
The Direction engages the right to privacy by video recording persons working on a nominated boat. The Direction is compatible with human rights because, to the extent that it may limit a person's right to privacy, the limitations are reasonable and necessary to achieving the protection of fisheries. Further, e-monitoring data is only accessible by the e-monitoring service provider and the Authority. The information obtained by the Authority will be collected, stored, used and disclosed by the Authority in accordance with all relevant legislation, including the Privacy Act 1988 (Cth).
Conclusion
The Direction is compatible with human rights because, to the extent that it may limit the right to work and right to privacy, the limitation is reasonable, necessary and proportionate to achieving the protection of fisheries be enabling the Authority to ensure a fishing concession holder or person acting on their behalf comply with fisheries legislation.