EXPLANATORY STATEMENT
Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark Fishery) Direction 2026
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 Southern and Eastern Scalefish and Shark Fishery) Direction 2026 (the Direction) is a legislative instrument for the purposes of the Legislation Act 2003 (LA).
Background to the Direction
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 Southern and Eastern Scalefish and Shark Fishery (SESSF) as a key component of the monitoring framework. It was first introduced in 2015 in the Gillnet, Hook and Trap Sector (GHATS) of the SESSF, and has since been expanded through a series of directions to apply to prescribed fishing methods exceeding specified effort thresholds, with refinements over time to exemptions and operational requirements.
Following trials in the Great Australian Bight Trawl Sector (GABTS) and the Commonwealth Trawl Sector (CTS) between 2023 and 2025, e‑monitoring was progressively expanded within the SESSF. E‑monitoring became mandatory in the GABTS from June 2025. In the CTS, trial outcomes and industry support informed the Authority’s Commission decision on 12 August 2025 to implement e‑monitoring on a permanent basis from 30 June 2026.
This Direction repeals and replaces both the Fisheries Management (E‑monitoring Southern and Eastern Scalefish and Shark Fishery) Direction 2021 and the Fisheries Management (E‑monitoring Great Australian Bight Trawl Fishery) Direction 2025. It consolidates and expands the e‑monitoring framework so that e‑monitoring requirements apply across all sectors of the SESSF and introduces amendments to modernise and strengthen the regulatory framework. These amendments include updated requirements relating to system installation and configuration, system performance and outage reporting, and the secure and timely handling of e‑monitoring data, while removing administrative requirements that are no longer required.
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 in the SESSF 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. A fishing concession authorising fishing in the SESSF is the class of concession that the Direction applies to.
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 SESSF covers the area of waters from approximately 80 nautical miles off the coast near Fraser Island in Queensland, south around Tasmania and west to Cape Leeuwin in Western Australia. The area of the fishery encompasses almost half of the waters within the Australian Fishing Zone. The fishery operates in both Commonwealth and state waters under complex jurisdictional arrangements, due to different Offshore Constitutional Settlement arrangements with each state.
Management in the SESSF is mainly through output controls in the form of Total Allowable Catch limits set under the Commonwealth Fisheries Harvest Strategy Policy and Guidelines 2018 and the specific fishery Harvest Strategy Framework. Input controls used include a limit on the number of boats that operate in each sector, as well as gear restrictions such as limits on mesh size, the amount of fishing gear that may be used and spatial closures.
Closures serve to place restrictions on effort to protect spawning grounds, minimise impact on deepwater species, facilitate the recovery of certain species and protect Endangered, Threatened and Protected species.
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 the Direction to the South East Management Advisory Committee (SEMAC) meeting held on 22 April 2026. General support for the Direction was received, and feedback was 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. SEMAC is the primary advisory committee for the SESSF.
The consultation for the direction accordingly satisfies the criteria in s40A(4) of the Management Act.
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.
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 Southern and Eastern Scalefish and Shark Fishery) Direction 2026. |
Clause 2 | Provides that the Direction commences on 1 July 2026. |
Clause 3 | Provides that the Direction is made under s40A(1) of the 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 instruments listed in Schedule 2 are repealed. |
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 | Defines the areas for the purpose of Clause 6. |
Schedule 2 | Repeals the Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark Fishery) Direction 2021 and the Fisheries Management (E‑monitoring Great Australian Bight Trawl Fishery) Direction 2025
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