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

The Direction establishes a compact set of technical and procedural concepts; the ones that carry legal and practical force are these.

E‑monitoring system (cl 4). The instrument defines the term to mean e‑monitoring equipment and peripheral equipment approved by AFMA that can: (a) record, store and transmit details of a boat’s position and activity; (b) record, store and transmit details of the e‑monitoring system’s status; and (c) record (including visually) and store all fishing events. The definition sets the performance attributes that equipment must satisfy for compliance with clauses 6 and 7.

Data drive (cl 4). The Direction defines a data drive as a component of the e‑monitoring system that can store e‑monitoring data and can be removed by the operator, but the definition expressly excludes removable Random Access Memory. The data drive is the unit that concession holders must exchange with AFMA under the rules in cl 7(3)-(5).

Fishing event (cl 4). The instrument defines this operationally as the setting of fishing gear, hauling of fishing gear, and handling of catch. The e‑monitoring system must record all such events (cl 4; cl 6(3)).

Concession holder (implicitly throughout). The duties and obligations are laid on “a concession holder (or person acting on behalf of the concession holder)” (e.g. cl 6(1), cl 7(1), cl 8(1)). This phrase recurs and makes clear the target of the duties: either the holder or their authorised agent.

AFMA and Contractor (cl 4; cl 6(1)(a); cl 7(1)(b)). AFMA is the statutory authority making the Direction. The instrument introduces the term Contractor to describe the party contracted as AFMA’s agent to provide e‑monitoring systems and associated services. The Contractor is both an installer/service agent and an entity whose instructions and requests are binding in practice under the instrument’s operational duties (cl 6(1)(a); cl 7(1)(b); cl 7(3)(c)).

Operational timing rules (cl 6(2); cl 6(6)). The instrument creates a compliance window: the primary direction commenced 1 May 2021 (cl 2), and clause 6(2) requires compliance no later than three months from commencement or on the day the system is first installed within that period. Clause 6(6) further states that, for the purpose of s40A(3) of the Act, clause 6 obligations commence on the day the e‑monitoring system is first installed.

Limited powering‑off exception (cl 6(4)). An installed e‑monitoring system may be powered off if the nominated boat is in port and the boat has an operational Vessel Monitoring System installed. The Direction therefore treats VMS operability as a substitute, but only in this narrow circumscribed circumstance.

Maintenance and testing regimen (cl 7(1)). The instrument specifies when system function tests must be performed: immediately after a data drive exchange (cl 7(1)(a)(i)); prior to starting a new trip (cl 7(1)(a)(ii)); when there is reasonable suspicion of issues or faults (cl 7(1)(a)(iii)); and after any inactivity greater than 14 days (cl 7(1)(a)(iv)). It also imposes obligations to report suspected issues, clean camera lenses, and ensure camera views are unobstructed and well lit (cl 7(1)(b)-(d)).

Data handling protocol (cl 7(3)-(5)). The Direction enumerates objective triggers for data drive exchange (capacity reached; failed test and replacement issued; or instruction from AFMA or Contractor) and sets specific handling steps: remove and package the drive in a preaddressed, prepaid envelope and post within 24 hours of returning to port (cl 7(3)-(4)). Reinstallation of replacement drives must follow instructions from AFMA, the Contractor, or the manufacturer (cl 7(5)).

Information‑gathering power (cl 8). AFMA is empowered under the Direction to require statements covering facts of loss, theft or damage, times/places of handover, names/addresses of persons interacting with the system, reasons for non‑operation, and any other matter relating to installation, carriage, use, handling, maintenance or monitoring. Clause 8(2) makes a failure to comply without reasonable excuse a breach of the Direction.

Repeal module (Schedule 1). The Direction expressly repeals the 2020 Direction in its entirety (Schedule 1).

Collectively these concepts configure a closed operational regime: AFMA sets functional standards and can supply/install equipment or permit alternate systems that meet the certificate standards; concession holders must keep systems running, perform prescribed tests and exchanges, and respond to AFMA information requests; AFMA’s Contractor functions as the operational arm for provision, repair and instruction. The Direction specifies technical minima (what the system must record) and procedural specifics (testing and data drive posting timelines), rather than prescribing particular brands or manufacturers, though AFMA approval is required (cl 4).

The Direction’s duties fall on a precisely defined group: concession holders in the Eastern Tuna and Billfish Fishery who engage in pelagic longline fishing, and persons acting on their behalf (cl 6(1)). That is the statutory target. The instrument uses the term “concession holder (or person acting on behalf of the concession holder)” throughout the obligations (cl 6(1), cl 7(1), cl 8(1)). The instrument also identifies AFMA and a Contractor as the decision and service providers (cl 4; cl 6(1)(a)).

Affected persons in practice include:

• Statutory fishing right holders who operate pelagic longline vessels in the ETBF , they must ensure a nominated boat has an e‑monitoring system installed and operational (cl 6(1)-(3)).

• Skippers and vessel operators acting under authority from concession holders , obligations are expressed to include “person acting on behalf of the concession holder”, which captures agents, authorised crew or carriers who operate the nominated boat (cl 6(1), cl 7(1), cl 8(1)).

• Any person who interacts with e‑monitoring equipment or data drives on board , because AFMA can request the names and addresses of persons employed or engaged who had interactions with the e‑monitoring system (cl 8(1)(c)). The Direction therefore brings such persons into AFMA’s information field.

• AFMA’s Contractor , the instrument identifies Contractor as AFMA’s contracted agent to provide e‑monitoring systems and associated services (cl 4). The Contractor is embedded in operational duties: supply and installation (cl 6(1)(a)), receiving reports of suspected issues (cl 7(1)(b)), issuing instructions that trigger data drive returns (cl 7(3)(c)), and being an addressee for service and repair requests (cl 7(2)(a)).

Excluded or indirectly affected categories include:

• Concession holders in the ETBF who do not engage in pelagic longline fishing , the Direction’s operative requirement is limited to persons “engaging in pelagic longline fishing” (cl 6(1)). The instrument does not extend the installation or ongoing operation duties to other gear types in text.

• Boats not nominated for the e‑monitoring requirement , the obligation is to have an e‑monitoring system “installed and operating on a nominated boat” (cl 6(1)). The instrument contemplates nomination; it does not on its face require every vessel owned by a concession holder to be fitted, only the nominated boat used for pelagic longline fishing.

• Parties external to AFMA’s operational chain (for example third‑party data processors not described as Contractor) , unless they are the persons employed or engaged who interacted with systems, in which case their details may be required by AFMA (cl 8(1)(c)).

Geographical scope is the Eastern Tuna and Billfish Fishery: the instrument refers to this fishery specifically (cl 6(1)). Definitions used in the instrument rely partly on s1.3 of the Eastern Tuna and Billfish Fishery Management Plan 2010 and s4 of the Fisheries Management Act 1991 (cl 4 note), which means that persons and vessels described in those instruments are relevant to identify who is captured.

The Direction therefore places operational and reporting duties on concession holders and their agents within the ETBF pelagic longline sub‑community, and creates information obligations that will involve crew and others who handle or interact with e‑monitoring systems and drives (cl 6(1); cl 7(1); cl 8(1)). AFMA and the Contractor are the bodies that decide technical approval, install and maintain systems, and issue operational instructions that give rise to further compliance steps (cl 4; cl 6(1)(a); cl 7(3)).

The Direction sets out concrete duties; the instrument itself does not create express private rights or compensation entitlements. Below are the principal duties and the procedural rights or powers the instrument confers on AFMA.

Key duties placed on concession holders (or their agents)

• Install and operate an approved e‑monitoring system on a nominated boat used for pelagic longline fishing in the ETBF (cl 6(1)). The system must either be supplied and installed by AFMA or the Contractor, or comply with standards in the statutory fishing right certificate (cl 6(1)(a)-(b)).

• Ensure the system is operational at all times and capable of recording all longline fishing events, taking all reasonable steps to that end (cl 6(3)). This is an ongoing operational duty.

• Adhere to the specified testing schedule in cl 7(1)(a): immediately after a data drive exchange, prior to starting a new trip, when there is suspicion of fault, and after periods of inactivity greater than 14 days.

• Report suspected issues with the e‑monitoring system to AFMA or the Contractor as soon as practicable (cl 7(1)(b)).

• Maintain camera cleanliness and clear fields of view, ensure camera views of fishing events are unobstructed and well lit (cl 7(1)(c)-(d)).

• If the e‑monitoring system stops operating, contact AFMA or the Contractor as soon as practicable to organise repairs and take all reasonable steps to make the boat available at the earliest time agreed with AFMA or the Contractor (cl 7(2)(a)-(b)).

• Exchange the data drive and return it to AFMA when capacity is reached, a drive has failed a system test and a replacement has been issued, or when instructed by AFMA or the Contractor,whichever occurs first (cl 7(3)). The exchange procedure is detailed in cl 7(4): remove the drive, package it in a preaddressed, prepaid envelope, and post within 24 hours of returning to port.

• Install new or replacement data drives following instructions issued by AFMA, the Contractor, or the manufacturer (cl 7(5)).

• Provide a statement to AFMA when required under cl 8(1) and not, without reasonable excuse, fail to comply with such a request within a reasonable time (cl 8(2)). The scope of possible statement content is wide, including facts leading to loss, theft or damage, times/locations of handover, names/addresses of interacting persons, reasons for non‑operation, and any other relevant matters about installation, carriage, use, handling, maintenance or monitoring (cl 8(1)(a)-(e)).

AFMA’s powers and rights under the Direction

• To set approval standards for e‑monitoring systems and therefore control what equipment qualifies (definition of e‑monitoring system, cl 4).

• To supply and arrange installation of e‑monitoring systems through a Contractor (cl 6(1)(a)).

• To require data drives to be returned or exchanged and to instruct concession holders to do so (cl 7(3)(c)).

• To request statements from concession holders on a broad range of matters relating to system operation and handling (cl 8(1)).

• To receive immediate reporting of suspected issues and to be the node coordinating repairs with its Contractor (cl 7(1)(b); cl 7(2)(a)).

Notably, the Direction does not specify:

• Monetary penalties or fine levels for non‑compliance within the instrument itself; however clause 8(2) creates a clear statutory duty not to fail to comply with AFMA’s statement requests without reasonable excuse. Enforcement powers and penalties, if any, would stem from the Fisheries Management Act 1991 and related mechanisms, not from the Direction text (the instrument is made under s40A(1) of the Act (cl 3)).

• Who bears the financial cost of supply, installation, maintenance or postage. The instrument allows AFMA or the Contractor to supply and install systems (cl 6(1)(a)) or for concession holders to use systems that comply with certificate standards (cl 6(1)(b)), but it does not allocate explicit cost responsibility.

Procedural interactions that operate as rights or constraints

• The power to power off e‑monitoring systems in port is permitted only where the nominated boat has an operational VMS installed (cl 6(4)). This creates a limited operational exemption tied to VMS operability.

• The role of the Contractor as AFMA’s agent gives the Contractor practical decision and instruction power in day‑to‑day matters such as repair arrangements and data drive instructions (cl 4; cl 7(2)(a); cl 7(3)(c)).

• The Direction requires system function tests at clearly specified times (cl 7(1)(a)(i)-(iv)), which gives AFMA an objective benchmark to assess compliance as to whether required tests were carried out.

In sum, the Direction creates a set of mandatory technical and procedural duties for concession holders, gives AFMA (and its Contractor) control over approval, installation and requests for data, and imposes an obligation to provide explanatory statements on request. The instrument leaves enforcement modalities and any monetary consequences to the enabling Act or other instruments, and is silent on cost allocation for installation and ongoing operations.

The Direction itself sets mandatory procedural obligations and creates specific duties (for example, to return data drives within 24 hours of returning to port (cl 7(4)), to perform specified system tests (cl 7(1)(a)), and to comply with AFMA’s statement requests unless there is a reasonable excuse (cl 8(2))). However, the Direction does not specify monetary penalties, infringement notices or criminal sanction amounts within its text. Its enforcement architecture therefore operates by reference to the enabling legislation and AFMA’s statutory powers.

Statutory basis and reference points

• The Direction is made under s40A(1) of the Fisheries Management Act 1991 (cl 3). The Direction repeatedly refers to s40A(3) in relation to the timing of obligations (cl 6(2), cl 6(6)). The Act is the source of AFMA’s power to issue directions to concession holders; enforcement consequences for breach of such a direction will therefore arise, if at all, from the Act’s enforcement regime and not from any clause of this Direction. The Direction itself does not set out the Act’s enforcement mechanisms; the instrument presupposes they exist in the Act.

Direct enforcement mechanisms contained in the Direction

• AFMA’s ability to require statements under cl 8(1) and the corresponding duty in cl 8(2) not to, without reasonable excuse, fail to comply within a reasonable time. This is a specific legal duty. While the Direction does not specify the sanction for non‑compliance, the wording “must not, without reasonable excuse, fail to comply” signals a legal obligation enforceable under the Act’s powers.

Operational enforcement levers implicit in the text

• AFMA and its Contractor are given central roles in approving equipment, supplying and installing systems (cl 6(1)(a)), and managing repairs (cl 7(2)(a)). This positions AFMA to enforce compliance practically: it can withhold approval, withhold supply or delay repair services to non‑compliant operators. The text itself does not compel or prohibit these practical enforcement steps, but the embedded control of equipment and Contractor services creates implementation leverage for AFMA.

• The detailed procedural requirements , required tests (cl 7(1)(a)(i)-(iv)), reporting of faults (cl 7(1)(b)), camera maintenance (cl 7(1)(c)-(d)), repair cooperation (cl 7(2)(b)), and the data drive exchange protocol (cl 7(3)-(4)) , provide objective criteria against which AFMA can assess compliance. These criteria are explicitly stated and can be used administratively to identify breaches.

What the Direction does not provide about enforcement

• No fines, penalty units, or infringement notice amounts are specified in the Direction text.

• No administrative sanctions like suspension of fishing rights, nor an express schedule of escalating enforcement steps, are set out in the instrument itself.

• The instrument does not set out appeal mechanisms or procedural review pathways within its text; any such mechanisms would be found in the Act or other instruments.

Consequences for practice

• For a concession holder, the Direction creates duties that can be assessed for compliance by AFMA using the specified operational benchmarks. Failure to follow mandatory obligations such as data drive returns, testing, reporting, or providing statements on request would amount to non‑compliance with the Direction and therefore potentially expose the concession holder to enforcement action under the Fisheries Management Act 1991.

• AFMA’s reliance on a Contractor for supply, installation and management creates a locus for operational enforcement (repair scheduling, data drive instruction), but any legal sanction for breaching the Direction remains a matter for the Act.

In sum, the Direction sets out mandatory duties and procedural benchmarks but delegates enforcement and sanctioning authority to the Fisheries Management Act 1991. The Direction provides AFMA with clearly articulated means to detect non‑compliance (tests, data drive returns, statements) and places operational controls over equipment through its Contractor, but does not itself prescribe penalties in this instrument.

The Direction expressly situates itself within the statutory framework of the Fisheries Management Act 1991 and the Eastern Tuna and Billfish Fishery Management Plan 2010, and it is operationally configured to interact with the Vessel Monitoring System (VMS) regime. The text references these instruments and systems; below are the interactions the Direction makes explicit.

Reference to the Act and Management Plan (cl 3; cl 4 note)

• The Direction is made under s40A(1) of the Fisheries Management Act 1991 (cl 3). This locates its legal authority squarely in the Act and means that any enforcement, penalty or appeal mechanisms are to be sourced from the Act rather than the Direction.

• Clause 4 notes that a number of expressions used in the Direction are defined in s4 of the Act and s1.3 of the Eastern Tuna and Billfish Fishery Management Plan 2010, including “boat”, “e‑monitoring”, “fishing concession”, “holder”, and “fish”. In practice, that means the Direction relies on the definitions and classificatory boundaries established in the Act and the Management Plan. Identifying who is captured by the Direction requires reference to those sources.

Interaction with Vessel Monitoring System (VMS) obligations (cl 6(4))

• The Direction creates a narrow operational interaction with VMS by allowing e‑monitoring systems to be powered off while the boat is in port, provided the nominated boat has an operational VMS installed (cl 6(4)). This establishes VMS as an operational substitute for an e‑monitoring system while in port, but only in that narrow circumstance. The Direction does not alter or replace any separate VMS obligations; it simply provides a conditional permission to power off an e‑monitoring system where VMS is operational.

Interaction with AFMA’s certificate granting the statutory fishing right (cl 6(1)(b))

• Clause 6(1)(b) permits compliance to be achieved by installing a system that “complies with the standards and requirements specified in the certificate granting the statutory fishing right.” This links the Direction to individual statutory fishing right certificates and suggests that technical standards or particular requirements may be embedded in those certificates. Therefore, to determine whether a self‑supplied system meets the Direction’s standards, one must consult the certificate.

Operational interaction with the Contractor (cl 4; cl 6(1)(a); cl 7)

• The Direction defines Contractor as the party contracted as AFMA’s agents to provide e‑monitoring systems and associated services (cl 4). The Contractor’s role intersects with other regulatory and contractual regimes because it acts as AFMA’s agent for installation, repair and data drive instructions (cl 6(1)(a); cl 7(2)(a); cl 7(3)(c)). If the Contractor is a private entity, its contractual relations with concession holders may also be shaped by commercial agreements outside this instrument. The Direction, however, treats the Contractor as an operational arm of AFMA for the purposes of implementing the Direction.

Implications for privacy, data protection and other legislation (implicit)

• The Direction requires recording, storage and transmission of boat position and activity, system status, and visual records of fishing events (cl 4). While the instrument does not reference privacy or telecommunications laws, these mandated functions will necessarily implicate any applicable privacy, data protection, or telecommunications regulation in practice. The Direction itself does not purport to displace or modify those regimes; it establishes operational data collection duties that will interact with them.

Repeal of the prior direction (Schedule 1)

• The Direction repeals the Fisheries Management (E‑monitoring Eastern Tuna and Billfish Fishery) Direction 2020 in its entirety (Schedule 1). This is an express internal amendment: the 2021 instrument supersedes the 2020 instrument for the ETBF e‑monitoring matters covered.

What the Direction does not do in respect of other laws

• It does not amend or repeal provisions of the Fisheries Management Act 1991 itself; it is made under that Act (cl 3).

• It does not state that other federal or state laws are displaced or modified; interactions with privacy or data laws, customs, transport or postal regulations are not addressed in the text.

Operational consequence

• To achieve compliance, affected concession holders will need to consult the Fisheries Management Act 1991, the Eastern Tuna and Billfish Fishery Management Plan 2010 for definitions and certificate requirements, and be alert to any cross‑cutting obligations arising under privacy, telecommunications or postal laws when packaging and transmitting data drives. The Direction creates an operational node where these separate legal regimes will intersect, but the Direction itself confines its legal provenance and enforcement to the Fisheries Management Act 1991 (cl 3).

The Direction has a succinct amendment record within the instrument. The text provides only the following historical points.

Making and commencement dates

• The Direction was made by AFMA’s CEO delegate, Wez Norris, dated 16 April 2021 (instrument header). It took effect on 1 May 2021 as set out in clause 2 (Commencement). Clause 2 contains a commencement table which records that “the whole of this instrument” commences on 1 May 2021. The instrument includes a note stating the table relates only to the provisions as originally made.

Repeal of the prior instrument

• Schedule 1 of the Direction repeals the Fisheries Management (E‑monitoring Eastern Tuna and Billfish Fishery) Direction 2020 in whole. Schedule 1 reads: “1 The whole of the instrument. Repeal the instrument.” That is an express repeal of the earlier instrument and is the only amendment action recorded within the 2021 Direction itself.

Reference to delegation

• The instrument was made by the CEO as delegate under delegation No. 2 of 2016 made on 14 November 2016 from the AFMA Commission (instrument header). This records the internal AFMA delegation which authorised the CEO to make the Direction.

Absence of other amendments or schedules

• The instrument contains no schedules that amend it further, and there are no later amending provisions recorded within the text provided. There are no transitory or sunset clauses beyond the specified commencement timing and the three‑month compliance period referenced in clause 6(2).

Notes on internal notes and non‑legally binding content

• Clause 2 includes technical notes clarifying the commencement table relates only to the instrument as originally made and that information in the table which appears in column 3 is not part of the instrument. This indicates the makers considered publication annotations separately from operative text.

What is not in the amendment history

• The Direction contains no record of subsequent amendments after its making or later reissues. It does not record modifications to clause wording or later variations.

Practical reading

• For present purposes, the 2021 Direction supersedes the 2020 Direction for the matters covered (Schedule 1). Any change in obligations relative to the 2020 Direction is not documented within the 2021 Direction other than the repeal; to compare substance would require viewing the repealed instrument, which is not included in this text. The 2021 Direction is presented as the operative instrument from 1 May 2021.

The Direction text contains no references to case law, judicial determinations, or litigation. The instrument does not cite any cases and includes no section on legal challenges, appeals or prior disputes. The text therefore supplies no litigation history.

Points to note given the absence of litigation references

• Because the Direction is an administrative instrument made under s40A(1) of the Fisheries Management Act 1991 (cl 3), any legal issues about its validity, application, interpretation or enforcement would be matters for challenge under administrative law or under the Act’s dispute resolution and enforcement mechanisms. The Direction itself contains no discussion or record of such proceedings.

• The Direction prescribes duties that can give rise to enforcement under the Act, and clause 8(2) establishes a duty not to ignore AFMA’s statement requests without reasonable excuse. Were disputes to arise about the validity or reasonableness of AFMA’s requests, or about compliance, those would have to be litigated or administratively contested in the relevant forums. The instrument does not set out avenues for internal review or appeal.

• The Direction’s reliance on definitions in the Act and the Eastern Tuna and Billfish Fishery Management Plan 2010 (cl 4 note) means that any litigation over whether a particular person or vessel is covered could turn on those instruments’ definitions. The Direction itself offers no precedents or internal guidance on interpreting contested facts.

In short, the Direction contains no litigation history and provides no judicial interpretations to rely on. Any legal challenge or litigation would be external to the instrument and would require reference to the Fisheries Management Act 1991 and relevant administrative law regimes.

This section identifies provisions, wording and operational mechanics in the Direction that may produce unintended compliance issues, ambiguities or practical friction for concession holders, contractors and AFMA. Each point is grounded in text.

Timing ambiguity and interaction of commencement clauses (cl 2; cl 6(2); cl 6(6))

• Clause 2 fixes the instrument’s commencement on 1 May 2021. Clause 6(2) requires compliance “no later than 3 months from the date of this direction commencing or on the day the e‑monitoring system is first installed within this period.” Clause 6(6) further states: “For the purpose of s40A(3) of the Act, the obligations prescribed in clause 6 commence on the day the e‑monitoring system is first installed.” Practical consequence: concession holders who install a system early within the three‑month window may be taken to have obligations commence on the day of installation under cl 6(6). That creates the potential that some obligations start earlier than the three‑month backstop date. Operators should note which rule applies to avoid inadvertently triggering operational duties prematurely.

Who pays for equipment and services (cl 6(1)(a)-(b))

• The Direction allows AFMA or the Contractor to supply and install systems (cl 6(1)(a)) or for operators to supply systems that comply with the certificate standards (cl 6(1)(b)). The instrument does not specify who bears the financial cost of supply, installation, maintenance, repairs, or data postage. This absence of an explicit cost allocation is a practical “gotcha”: concession holders need to clarify commercial and contractual arrangements with AFMA or the Contractor to avoid unexpected out‑of‑pocket expenses.

Data drive handling, chain of custody and postal timing (cl 7(3)-(4))

• The instrument requires the data drive be packaged in a preaddressed, prepaid envelope and posted within 24 hours of returning to port (cl 7(4)). This tight timeframe raises logistical issues: if a vessel returns late, the vessel operator is responsible for posting within 24 hours; failure to meet the deadline could be treated as non‑compliance. The Direction does not specify who provides the preaddressed, prepaid envelopes, nor how to handle postal delays or loss in transit. Clause 8(1)(b) requires reporting of time, date and location where the person posted or handed over the e‑monitoring system or data drive , but how postal service failures are treated is not clarified in the Direction.

Definition exclusions and technical interpretation (cl 4)

• The Direction’s definition of data drive excludes “removable Random Access Memory.” Operators and suppliers must be careful that any removable storage meets the definition’s requirements; misinterpreting what qualifies as a data drive could result in non‑compliance with the exchange rules (cl 7(3)-(4)).

Operational availability and repair cooperation (cl 7(2)(b))

• Clause 7(2)(b) requires concession holders to “take all reasonable steps to make the boat available at the earliest time agreed to with AFMA or the Contractor” for repairs. What counts as “all reasonable steps” may be fact‑specific and could create friction where scheduling, weather, or commercial commitments make quick availability difficult. There is no detailed prioritisation rule in the Direction.

Camera maintenance and evidentiary quality (cl 7(1)(c)-(d))

• The obligation to keep camera lenses clean and camera views unobstructed and well lit is operationally demanding. Poor lighting, obstructions caused by routine activities, or sea spray can degrade footage. The Direction imposes an ongoing duty but does not prescribe standards for “clear field of view” or “well‑lit,” nor does it set allowable tolerances for image quality or provide a remedy if footage is degraded due to circumstances beyond the operator’s control.

Reporting obligations and “reasonable excuse” (cl 8(2))

• Clause 8(2) makes it mandatory not to fail to comply with a statement request without reasonable excuse. The Direction does not define “reasonable time” for compliance or what constitutes a “reasonable excuse.” Concession holders therefore face uncertainty about how long they have to respond and which excuses will be accepted. This ambiguity can lead to compliance risk if operators underestimate AFMA’s expectations.

Substitution of VMS only in port (cl 6(4))

• The only circumstance in which an e‑monitoring system may be powered off is when the boat is in port and has an operational VMS (cl 6(4)). Operators cannot use VMS as a substitute while at sea. If a VMS is inoperative, the operator cannot lawfully power off the e‑monitoring system while in port. This narrow substitution could create operational friction where VMS downtime and e‑monitoring maintenance coincide.

Contractor dependence and single point of operational control (cl 4; cl 6(1)(a); cl 7)

• The Contractor is AFMA’s agent to provide e‑monitoring systems and associated services (cl 4). The Direction delegates many operational matters to the Contractor (installation, repair, instruction to exchange drives). Operationally this centralises control; however, it also creates a single point of failure and potential bottleneck. The Direction does not set service levels or timelines for the Contractor’s repair or data handling obligations, creating uncertainty for operators relying on timely repairs.

No explicit data security or privacy regime (cl 4; cl 7)

• While the Direction mandates collection and transmission of positional and visual data (cl 4), it contains no provisions addressing data security, retention periods, access controls or third‑party use. Operators handling personally identifying materials or commercially sensitive footage will need to seek guidance outside the instrument on applicable privacy or data protection requirements.

Repeal of the 2020 Direction without transitional detail (Schedule 1)

• The 2021 Direction repeals the 2020 instrument in full (Schedule 1) but does not provide transitional arrangements or indicate what, if any, carryover responsibilities or compliance arrangements from the 2020 Direction continue. Entities that relied on the earlier instrument should take care to reconcile prior practices with the new requirements.

In short, the Direction sets clear technical and procedural duties but leaves several operational and interpretive details unspecified. Concession holders and contractors will need to resolve timing, cost, chain of custody, service level, and evidentiary issues with AFMA or by reference to the enabling Act and related instruments.

This section translates the Direction’s operative provisions into an actionable compliance checklist grounded in the instrument text. Where the Direction uses timing or procedural language, the checklist notes the relevant clause.

1. Establish whether the Direction applies

• Confirm you are a concession holder in the Eastern Tuna and Billfish Fishery engaging in pelagic longline fishing, or are acting on behalf of such a concession holder (cl 6(1); cl 4 note). If so, the obligations apply.

2. Nominate a boat and plan installation

• Identify the nominated boat to be fitted with an e‑monitoring system (cl 6(1)). The Direction requires the system on a nominated boat used for pelagic longline fishing.

• Decide between AFMA/Contractor‑supplied installation or self‑supplied compliant system. Under cl 6(1)(a) AFMA or its Contractor may supply and install the system; cl 6(1)(b) permits a system that complies with the standards and requirements specified in the certificate granting the statutory fishing right.

• Clarify with AFMA and the Contractor who bears supply and installation costs before installation.

3. Observe the commencement and compliance timeframe

• The Direction commenced on 1 May 2021 (cl 2). Clause 6(2) requires compliance no later than three months from the commencement date or on the day the system is first installed within that period. Clause 6(6) confirms, for s40A(3) purposes, that clause 6 obligations commence on the day the system is first installed. Ensure installation timing aligns with these rules so obligations are not triggered unexpectedly.

4. Ensure system capability and AFMA approval

• Install an e‑monitoring system that meets the Direction’s functional requirements: able to record, store and transmit boat position and activity, record, store and transmit system status, and record (including visually) and store all fishing events (cl 4).

• Obtain AFMA approval for the system or ensure the system meets the standards in the statutory fishing right certificate (cl 4; cl 6(1)(b)). Confirm AFMA’s approval in writing.

5. Operate the system continuously and note permitted exception

• Take all reasonable steps to keep the system operational at all times and capable of recording all longline fishing events (cl 6(3)).

• The one permitted exception: the system may be powered off if the nominated boat is in port and has an operational VMS (cl 6(4)). Ensure VMS operability before powering the e‑monitoring system off.

6. Implement a testing and maintenance regime

• Conduct system function tests at these times (cl 7(1)(a)): immediately after a data drive exchange; prior to starting a new trip; when there is reasonable suspicion of issues; and after any inactivity greater than 14 days.

• Report suspected issues to AFMA or the Contractor as soon as practicable (cl 7(1)(b)).

• Maintain camera lenses and views: clean lenses to ensure a clear field of view at all times and ensure camera views of fishing events remain unobstructed and well lit (cl 7(1)(c)-(d)). Implement a checklist and logbook for pre‑trip camera checks to demonstrate compliance.

7. Prepare for repair protocols

• If the e‑monitoring system stops operating, contact AFMA or the Contractor as soon as practicable (cl 7(2)(a)) and arrange repairs.

• Make the boat available for repair at the earliest time agreed with AFMA or the Contractor (cl 7(2)(b)). Maintain an internal availability calendar and communicate promptly with AFMA/Contractor to avoid being non‑cooperative.

8. Manage data drives and chain of custody

• Plan for data drive exchanges triggered by: capacity reached; a failed system test with replacement issued; or instruction by AFMA or the Contractor , whichever occurs first (cl 7(3)).

• On exchange, remove the data drive, package it in a preaddressed, prepaid envelope and post it within 24 hours of returning to port (cl 7(4)). Confirm whether AFMA or the Contractor supplies the preaddressed, prepaid envelopes and maintain proof of posting/hand‑over (receipts, tracking numbers).

• After receiving replacement drives, install them following instructions from AFMA, the Contractor, or the manufacturer (cl 7(5)). Keep records of the instructions and installation logs.

9. Recordkeeping and documentation

• Keep contemporaneous records of system tests, date/time of tests, system status, any faults reported, communications with AFMA/Contractor, and evidence of posting or handover for data drives (cl 7(1)(a); cl 7(1)(b); cl 7(4)).

• Maintain a register of persons who have interacted with the e‑monitoring system or data drive, including names and addresses, because AFMA may request these details (cl 8(1)(c)).

• Log reasons for any periods when the system was not operational and the steps taken to restore operation; AFMA can ask for reasons why the e‑monitoring system was not operational (cl 8(1)(d)).

10. Responding to AFMA information requests

• If AFMA requests a statement under cl 8(1), respond within a “reasonable time” and do not, without reasonable excuse, fail to comply (cl 8(2)). Prepare an internal procedure for handling AFMA requests, including designated points of contact and timelines to assemble the information AFMA may request: facts about loss/theft/damage; times and locations of handovers; names/addresses of interacting persons; reasons for non‑operation; and other matters about installation, carriage, use, handling, maintenance or monitoring (cl 8(1)(a)-(e)).

11. Clarify contractual relationships with the Contractor

• Because the Contractor is AFMA’s agent for provision and service (cl 4; cl 6(1)(a); cl 7(2)(a)), ensure contractual terms or service arrangements are clear on repair timelines, responsibilities, costs, replacement drive provisioning, and who furnishes the preaddressed, prepaid envelopes. Obtain written confirmation from AFMA or the Contractor where possible.

12. Assess data privacy and communications compliance outside the Direction

• The Direction mandates collection, storage and transmission of positional and visual data (cl 4). Operators should identify and comply with any applicable privacy, data protection, or telecommunications requirements outside the Direction (not specified in the text). Document data retention and secure handling practices, and seek guidance where necessary.

13. Audit readiness

• Build internal audits around the Direction’s objective tests: test logs immediately after data drive exchange and prior to trips (cl 7(1)(a)(i)-(ii)); logs showing reporting of suspected issues (cl 7(1)(b)); photographic or video samples confirming clear camera views (cl 7(1)(c)-(d)); and proof of timely posting for data drives (cl 7(4)).

14. Repeal of earlier instrument

• Note that the 2020 Direction was repealed (Schedule 1). Ensure your compliance procedures are aligned with the 2021 Direction’s wording and not any prior practice under the 2020 Direction.

Following these steps and keeping documentary evidence of tests, communications, data drive handovers, repairs and AFMA correspondence will place concession holders in a position to demonstrate compliance with the Direction’s specific procedural and technical requirements (cl 6-8). Where the Direction leaves issues unspecified (cost allocation, definition of “reasonable time”, or service levels from the Contractor), seek clarification from AFMA in writing and retain those clarifications as compliance evidence.