Fisheries Management (E-monitoring Western Tuna and Billfish Fishery) Direction 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L00460 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

 

Fisheries Management (E-Monitoring Western Tuna and Billfish Fishery) Direction 2021

 

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 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 Western Tuna and Billfish Fishery Management Plan 2005 (the Plan) also applies to Australian boats fishing in 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

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 WTBF fishing thirty shots or more in a season. Due to the level of fishing effort in the WTBF, 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 in the WTBF using the pelagic longline method to have an e-monitoring system installed regardless of the number of shots undertaken in a season.

The Direction

The Fisheries Management (E-Monitoring Western Tuna and Billfish Fishery) Direction 2021 directs all concession holders using the pelagic longline method in the WTBF 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 repeals and replaces the Fisheries Management (E-monitoring Western Tuna and Billfish Fishery) Direction 2020. The direction is made in the same terms as that direction except in relation to the commencement date and clause 6(1). Clause 6.1 has been amended to clarify that this clause only applies to a concession holder (or person acting on behalf of the concession holder) fishing in the WTBF engaging in pelagic longline fishing. Further, this clause clarifies that it does not apply minor line fishing.

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 additional 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 Western Tuna and Billfish Fishery) Direction 2021.

Clause 2

Provides that the direction commences on 1 May 2021.

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. The Western Tuna and Billfish Fishery Management Plan 2005 has been incorporated by reference. Section 10 of the Acts Interpretation Act 1901 (as applied by section 13(1)(a) of the Legislation Act 2003) has the effect that references to Commonwealth disallowable legislative instruments can be taken to be references to versions of that instrument as in force from time to time.  The Western Tuna and Billfish Fishery Management Plan 2005 in 2021 is available to view free of charge on the website of the Federal Register of Legislation (https://www.legislation.gov.au).

Clause 5

Provides that each 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 Fisheries Management (E-monitoring Western Tuna and Billfish Fishery) Direction 2020

 

 

 

 

Overview

The Fisheries Management (E-Monitoring Western Tuna and Billfish Fishery) Direction 2021 is an instrument established under the Fisheries Management Act 1991, with the primary objective of enhancing the electronic monitoring (e-monitoring) of fishing activities within the Western Tuna and Billfish Fishery (WTBF). This direction was issued by the Australian Fisheries Management Authority (AFMA) and commenced on 1 May 2021. The legislative instrument aims to ensure all concession holders engaged in pelagic longline fishing within the WTBF comply with e-monitoring obligations, regardless of the number of shots undertaken in a season. This requirement seeks to improve data accuracy and compliance with fisheries management practices, thereby supporting AFMA’s mandate to ensure ecologically sustainable exploitation of fisheries resources. The direction mandates the installation and operation of e-monitoring systems on boats used for pelagic longline fishing within the WTBF, requiring concession holders to monitor the functioning of these systems and provide relevant data to AFMA. It also imposes obligations for concession holders to furnish certain information to AFMA, facilitating better oversight and management of fishing activities. This legislative measure repeals the previous Fisheries Management (E-Monitoring Western Tuna and Billfish Fishery) Direction 2020 and incorporates the Western Tuna and Billfish Fishery Management Plan 2005, reflecting a comprehensive approach to fisheries management and ensuring alignment with existing regulatory frameworks.

Scope and Application

The Fisheries Management (E-Monitoring Western Tuna and Billfish Fishery) Direction 2021 applies to any person holding a fishing concession or scientific permit within the Western Tuna and Billfish Fishery, specifically those engaging in pelagic longline fishing. The geographical scope of the Act encompasses the waters within the Australian Exclusive Economic Zone (EEZ) on the west coast of Australia, from Cape York Peninsula to 34°S off the west coast of Western Australia, and eastward across the Great Australian Bight to the South Australian/Victorian border. It also includes waters outside 12 nm of Christmas Island and Cocos Keeling Islands and Australian boats fishing in the high seas within the Indian Ocean Tuna Commission’s Area of Competence. The direction, made under the Fisheries Management Act 1991, mandates the installation and operation of electronic monitoring systems by all concession holders using the pelagic longline method, irrespective of the number of shots undertaken in a season. This replaces the previous requirement that only applied to concession holders fishing thirty shots or more in a season. The direction also specifies the obligations of concession holders to monitor the functioning of the e-monitoring system and to provide certain information to the Australian Fisheries Management Authority (AFMA). The direction repeals the Fisheries Management (E-monitoring Western Tuna and Billfish Fishery) Direction 2020 and is in effect from 1 May 2021.

Key Provisions

The Fisheries Management (E-Monitoring Western Tuna and Billfish Fishery) Direction 2021 (the Direction) mandates specific obligations for concession holders using the pelagic longline method in the Western Tuna and Billfish Fishery (WTBF). Under Clause 6, concession holders must ensure that an e-monitoring system is installed and operational on their nominated boats. This requirement applies to all concession holders in the WTBF, irrespective of the number of shots undertaken in a season, effectively removing the previous threshold of thirty shots. Additionally, concession holders must monitor the functioning of the e-monitoring system and provide certain information to the Australian Fisheries Management Authority (AFMA) as stipulated in Clause 7 and Clause 8 respectively. Concession holders are required to maintain their e-monitoring systems in good working order, ensuring that they are capable of recording fishing-related activities accurately and comprehensively. This includes monitoring the functionality of the equipment, arranging for repairs when necessary, and ensuring that the e-monitoring system is operational before commencing fishing activities. Furthermore, concession holders must provide AFMA with information related to the installation, operation, and maintenance of the e-monitoring systems. This information is essential for AFMA to effectively enforce compliance and ensure the integrity of the monitoring process. Failure to comply with the provisions of the Direction may result in significant consequences. Although specific offences and penalties are not detailed within the Direction itself, non-compliance with the Fisheries Management Act 1991 could potentially lead to civil or criminal penalties. Under the Act, breaches of management directions can incur penalties that include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature of the breach and the provisions of the relevant legislation. It is also pertinent to note that ongoing non-compliance or repeated offences could result in the suspension or revocation of fishing concessions, thereby impacting the concession holder's ability to operate within the WTBF. In summary, the Direction imposes clear obligations on concession holders to install, operate, and maintain e-monitoring systems, as well as to provide necessary information to AFMA. Compliance with these obligations is crucial to support the ecological sustainability and effective management of the WTBF. Failure to adhere to these requirements may result in severe consequences, including potential penalties under the Fisheries Management Act 1991.

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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.