EXPLANATORY STATEMENT
Fisheries Management Act 1991
Fisheries Management (E-monitoring North West Slope Trawl Fishery) Direction 2026
Legislative 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.
Purpose
The Fisheries Management (E-monitoring North West Slope Trawl Fishery) Direction 2026 (the Direction) is made under subsection 40A(1) of the Management Act and is a legislative instrument for the purposes of the Legislation Act 2003. The Direction requires concession holders, and persons acting on their behalf, fishing in the North West Slope Trawl Fishery (NWSTF) to have an approved e-monitoring system installed and operating on ‑nominated boat when undertaking fishing‑related activities. A fishing concession authorising fishing in the NWSTF is the class of concession that the Direction applies to.
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.
The Direction prescribes requirements for the installation, configuration and operation of e‑monitoring systems to ensure that fishing events and catch can be effectively recorded and that e‑monitoring data is captured reliably and accurately. It also imposes ongoing obligations on concession holders to monitor the functioning of e‑monitoring systems, undertake system checks, maintain the system in good working order, report system faults, arrange timely repairs, and manage the exchange and return of data drives to the Authority.
The Fishery
The NWSTF is a Commonwealth‑managed fishery regulated under the Management Act. The fishery targets a range off deepwater demersal species in deep offshore waters off the west coast of Australia within the Australian Fishing Zone.
The fishery operates with input controls under a limited entry framework where access is limited to seven concession holders. Monitoring, reporting and compliance arrangements are administered by the Authority to support sustainable management of the fishery and compliance with legislative requirements.
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
Unlike most other fisheries managed by the Authority, NWSTF does not have formal consultative structures or representative bodies for concession holders. Accordingly, the Authority consulted directly with affected concession holders.
The Direction gives effect to a decision taken by the AFMA Commission at its meeting on 11 November 2025 to implement e-monitoring in the fishery. In making its decision the Commission noted that concession holders in the fishery were supportive of the proposed approach to introduce e-monitoring in the fishery.
The Authority presented a draft of the Direction to concession holders on 15 June 2026. Support for the Direction was indicated, and no issues were raised.
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 instrument to be cited as the Fisheries Management (E-monitoring North West Slope Trawl Fishery) Direction 2026. |
Clause 2 | Provides that the instrument commences on 1 July 2026. |
Clause 3 | Provides that the instrument is made under section 40A(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 for the requirements to install and operate an e-monitoring system. |
Clause 6 | 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 fishing 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. |
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 North West Slope Trawl 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 North West Slope Trawl 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.