Fisheries Management (E-monitoring Small Pelagic Fishery) Direction 2021

The Direction organises a compact set of operational concepts and governance relationships around e-monitoring in the midwater trawl sector of the Small Pelagic Fishery. Key concepts appear in the Definitions and flow through the obligations.

• E-monitoring system: defined as equipment and peripheral equipment approved by AFMA capable of recording, storing and transmitting boat position and activity, system status, and recording (including visually) and storing all fishing events (Definitions). The definition focuses on three technical capabilities: location/activity, system status, and event visual/record capture.

• Data drive: defined as a component of an e-monitoring system that can store e-monitoring data and can be removed by the operator, but explicitly excludes removable Random Access Memory (Definitions). The instrument therefore treats removable storage as a defined object subject to exchange and return procedures (cl 6(3)-(5)).

• Fishing event: defined to include setting a net, hauling a net, pumping catch and handling bycatch (Definitions). The system must be capable of recording all such events (Definitions; cl 5(3)).

• Contractor: defined as the party contracted as AFMA’s agents to provide e-monitoring systems and associated services (Definitions). The Contractor is the practical delivery agent for supply, installation, and repairs in the instrument’s operational model (cls 5(1)(a), 6(2), 6(4), 6(5)).

• Supply and standards gateway: the instrument recognises two compliance routes for a system. Either the system is supplied and installed by AFMA or the Contractor, or the system complies with standards and requirements specified in the certificate granting the statutory fishing right (cl 5(1)(a)-(b)). This makes the statutory fishing right certificate a secondary standards instrument referenced by the Direction (cl 4 note).

• Operational testing and maintenance: the Direction prescribes specific trigger points for system function tests: immediately after a data drive exchange, prior to a new trip, when there is reasonable suspicion of fault, and after inactivity greater than 14 days (cl 6(1)(a)(i)-(iv)). It also requires reporting suspected issues, cleaning camera lenses, and ensuring unobstructed, well-lit camera views (cl 6(1)(b)-(d)).

• Data-handling workflow: when a data drive’s capacity is reached, fails a test, or AFMA instructs, the operator must remove, package in a preaddressed, prepaid envelope and post the drive within 24 hours of returning to port, and install a replacement according to AFMA/Contractor/manufacturer instructions (cl 6(3)-(6)). The instrument thus builds a chain linking onboard removable storage, short posting windows, and a test-on-exchange requirement (cl 6(1)(a)(i), 6(4)).

• Power and VMS interaction: the Direction allows powering off an installed e-monitoring system only when the nominated boat is in port and the vessel has an operational Vessel Monitoring System (VMS) installed (cl 5(4)(a)-(b)). That creates an explicit interaction between e-monitoring and the existing VMS regime.

• Information obligations: AFMA may require statements from concession holders about loss, theft or damage to systems or data, when and to whom data drives were handed over, identities of persons interacting with systems, reasons for system non-operation, and other related matters; operators must not, without reasonable excuse, fail to comply within a reasonable time (cl 7(1)-(2)).

Together these concepts create a system where AFMA (and its Contractor) supply and approve hardware, the concession holder must operate and maintain it to a specified practical standard, removable storage is the principal data handover mechanism, and AFMA retains investigative and compliance-facing powers through information requisition. The instrument is tightly operational and relies on AFMA/Contractor technical control and instruction (cls 5(1)(a), 6(5)).

The Direction applies to a defined segment of the Australian fishing sector and to associated agents. Its scope is limited and expressed in the operative clauses and the Definitions.

Primary subjects

• Concession holders in the midwater trawl sector of the Small Pelagic Fishery (SPF): clause 5(1) imposes the installation and operation requirement specifically on a “concession holder (or person acting on behalf of the concession holder) fishing in the midwater trawl sector of the Small Pelagic Fishery”. The Direction therefore targets holders of statutory fishing rights or other AFMA concessions who fish in that sector.

Extended persons

• Persons acting on behalf of concession holders: the instrument repeatedly extends duties and liabilities to “a concession holder (or person acting on behalf of the concession holder)”, using that formula in cl 5, cl 6 and cl 7. That phrase captures vessel masters, appointed agents, managers, or other operators acting for the holder when performing fishing operations or maintenance functions. The Direction thus reaches more than the legal holder of the concession alone.

AFMA and the Contractor

• AFMA: the Direction is made by AFMA’s CEO and gives AFMA operational roles, including supplying/approving equipment, receiving data drives and statements, and making instructions (cls 3; 5(1)(a); 6(3)(c) [instructed by AFMA or the Contractor]; 7(1)). AFMA is positioned as the regulator and recipient of system data.

• Contractor: the instrument defines a Contractor as the party contracted as AFMA’s agents to provide e-monitoring systems and associated services; the Contractor is therefore an operational service provider with authority to install and repair systems and to instruct data handling as AFMA’s agent (Definitions; cls 5(1)(a), 6(2), 6(5)).

Other affected parties

• Vessel crew and persons who interact with the e-monitoring system: clause 7(1)(c) requires concession holders to be able to identify persons employed or engaged who had any interactions with the e-monitoring system or data drive. That places an evidential and reporting consequence on employers/engagers in the vessel’s business.

• Postal or courier workers: clause 7(1)(b) requires details of the time, date and location where the person posted or handed over the e-monitoring system or data drive to another person, including a postal worker or courier. While not made directly subject to the Direction, the procedure implicates logistics providers.

Who is not directly captured

• Fishers outside the midwater trawl sector of the Small Pelagic Fishery: the instrument’s operative scope is sector-specific; it does not purport to apply to other AFMA-managed fisheries unless their statutory fishing right certificate separately requires e-monitoring meeting the cited standards (cl 5(1)(b) refers to certificate-based standards).

• Parties not acting for a concession holder: persons unrelated to a concession holder’s fishing operations are not directly obliged, except insofar as the Direction requires concession holders to name people who interacted with systems (cl 7(1)(c)).

Geographic and technical reach

• The instrument operates at the level of nominated boats; each concession holder must have an e-monitoring system installed and operating on a nominated boat (cl 5(1)). It therefore affects vessel operations and the allocation of systems to particular boats.

In summary, the Direction binds concession holders and persons acting for them in the midwater trawl sector of the SPF, places AFMA and its Contractor in the supply, approval and data-receipt chain, and extends practical obligations to vessel crew and logistics handlers through record and reporting obligations.

The Direction prescribes a set of duties for concession holders (and persons acting on their behalf) and specifies a limited operational right. All duties are expressed in mandatory language (must, must not) and often qualified by “take all reasonable steps” or similar reasonableness standards.

Installation and operational duties

• Install and operate an e-monitoring system on a nominated boat: concession holders must ensure a nominated boat has an e-monitoring system that is either supplied and installed by AFMA or the Contractor, or that complies with standards in the certificate granting the statutory fishing right (cl 5(1)(a)-(b)).

• Compliance deadline for initial obligation: the obligation in cl 5 must be complied with no later than three months from the Direction’s commencement or on the day the e-monitoring system is first installed within that period (cl 5(2); commencement cl 2).

• Keep systems operational: the concession holder must take all reasonable steps to ensure an installed e-monitoring system is operational at all times and capable of recording all fishing events (cl 5(3)). The instrument links “operational”ness to the capacity to record events defined in the instrument (Definitions).

Operational maintenance and monitoring duties

• Conduct system function tests: concession holders must take all reasonable steps to maintain the system in good working order by undertaking tests: immediately after a data drive exchange, prior to starting a new trip, when there is reasonable suspicion of issues, and after inactivity greater than 14 days (cl 6(1)(a)(i)-(iv)).

• Report faults promptly: report suspected issues to AFMA or the Contractor as soon as practicable (cl 6(1)(b)).

• Keep cameras clear and unobstructed: clean camera lenses to maintain a clear field of view; ensure camera views of fishing events remain unobstructed and well-lit (cl 6(1)(c)-(d)).

Repair and availability duties

• Arrange repairs after failure: if the e-monitoring system stops operating, the concession holder must contact AFMA or the Contractor as soon as practicable and arrange repairs, and must take all reasonable steps to make the boat available at the earliest time agreed with AFMA or the Contractor (cl 6(2)(a)-(b)).

Data drive handling duties

• Exchange and return data drives: return the data drive to AFMA when the drive’s capacity is reached, if it failed a system test and was replaced, or if instructed by AFMA or the Contractor, whichever occurs first (cl 6(3)).

• Removal, packaging and posting: remove the data drive, package it in a preaddressed, prepaid envelope and post it within 24 hours of returning to port (cl 6(4)(a)-(b)). The preaddressed, prepaid wording signals that return packaging and postage are provided as part of the process (cl 6(4)(a)).

• Install replacement parts per instructions: install a new/replacement data drive by following instructions issued by AFMA, the Contractor or the manufacturer (cl 6(5)).

Information and cooperation duties

• Give statements when required: AFMA may require a written statement setting out facts about loss/theft/damage to device or data, where and when a drive was handed over, names/addresses of anyone who interacted with the system, reasons for non-operation, and other matters relating to installation/carriage/use/maintenance/monitoring of the system or drive (cl 7(1)(a)-(e)).

• Do not refuse to comply without reasonable excuse: a concession holder must not, without reasonable excuse, fail to comply with a request to give a statement under cl 7(1) within a reasonable time period (cl 7(2)).

Limited operational right

• Powering off exception: the instrument allows an installed e-monitoring system to be powered off only if the boat is in port and the boat has an operational VMS installed (cl 5(4)(a)-(b)). This is the Direction’s explicit “right” or exception to the continuous-operation requirement.

Temporal commencement of duties

• Commencement triggers: many obligations commence specifically when the e-monitoring system is first installed (cl 6(6) refers to cl 6 obligations commencing on the day the system is first installed). The initial compliance window in cl 5(2) sets an absolute deadline for installing systems, measured from the Direction’s commencement (cl 2).

Standards and approval duties

• AFMA approval and certificate standards: systems must be approved by AFMA (Definition of e-monitoring system) or meet standards in the statutory fishing right certificate (cl 5(1)(b)). That gives AFMA a standards-setting or approval function and links compliance to certificate conditions.

Reasonableness qualification

• “All reasonable steps” standard: several duties are framed as “take all reasonable steps”, which imports a reasonableness test into operational duties (cl 5(3); cl 6(2)(b)). The instrument does not define “reasonable steps”, leaving assessment to AFMA’s enforcement context under the Act.

Taken together, these duties create continuous operational responsibilities for concession holders and defendants in a chain of custody for e-monitoring data, with AFMA and its Contractor sitting as technical approvers, data recipients and repair/instruction authorities.

The Direction itself does not specify monetary fines, imprisonment, or explicit civil penalties. It creates mandatory obligations and sets out actions that concession holders must not fail to perform without reasonable excuse, but it leaves the enforcement mechanisms and any sanctions to the enabling Act or other regulatory instruments.

Statutory basis for enforcement

• The Direction is made under s40A(1) of the Fisheries Management Act 1991 (cl 3). Clauses 5(2) and 6(6) reference s40A(3) in recognising commencement obligations. The Act is therefore the statutory source of the Direction’s legal force. This Direction establishes duties in that statutory framework; enforcement, prosecutions, or administrative action for breach would be taken under authorities found in the Act rather than under new penalty provisions contained in the Direction itself (cl 3; cls 5(2), 6(6)).

Obligations framed as mandatory

• The instrument uses mandatory language (must, must not) and expresses that concession holders must not, without reasonable excuse, fail to comply with AFMA’s request for statements (cl 7(2)). That is an explicit requirement to cooperate with AFMA’s information-gathering powers, but the Direction does not specify what happens upon breach.

Procedural enforcement levers implicit in the Direction

• AFMA’s receipt of data drives and ability to require statements (cls 6(3)-(4); 7(1)-(2)) are practical enforcement tools: failure to deliver data drives within the specified windows or to provide required statements will place the concession holder in breach of the Direction’s duties. Because the Direction is issued under the Act, AFMA’s enforcement powers under the Act (not set out in this instrument) are plausibly the next step in the regulatory sequence. The instrument itself does not list specific enforcement actions AFMA will take, nor does it quantify sanctions.

Discretion and investigatory scope

• Clause 7 gives AFMA wide information-gathering scope in relation to system loss, theft, damage and handling. The obligation to provide details about persons who interacted with systems and about where and when drives were handed to others creates an evidential regime that supports enforcement action under the Act. The “reasonable time period” for compliance with statement requests is not defined, which introduces administrative discretion in timelines (cl 7(2)).

Operational enforcement aspects

• Practical enforcement involves technical testing and repairs by AFMA or the Contractor (cls 6(1)(a)(i), 6(2)). AFMA controls system approvals and can instruct data exchanges (cl 6(3)(c)). Non-compliance with data drive return timing (24 hours of returning to port: cl 6(4)(b)) or failure to make vessels available for repair (cl 6(2)(b)) are specific operational breaches that AFMA can detect through missing data or reported failures.

No penalties in the Direction

• The Direction does not specify penalty amounts, infringement notices, or administrative charges. It uses mandatory wording and references the Act as the authority. Therefore practitioners should expect enforcement and penalties, if any, to derive from the Act or other AFMA instruments rather than from provisions in this Direction itself.

Practical consequence for operators

• From an operator’s perspective, the practical enforcement risk is loss of compliance status under AFMA’s regime and possible follow-on action under the Fisheries Management Act 1991. The Direction creates compliance checkpoints and documentary obligations (data drives, statements) that enable AFMA to determine whether an operator has complied; the specific sanctioning pathway is external to the instrument.

The Direction is embedded in the AFMA statutory framework and references other instruments and systems. Its legal operation, standards-setting and day-to-day effects must be read against those other legal and administrative instruments.

Primary statutory link: Fisheries Management Act 1991

• The Direction is made under s40A(1) of the Fisheries Management Act 1991 (cl 3). Clauses 5(2) and 6(6) explicitly refer to s40A(3) for the purposes of timing and commencement. The Act is therefore the enabling statutory source and the range of enforcement powers and remedies for non-compliance will be located in the Act rather than in the Direction itself (cl 3; cls 5(2), 6(6)).

Small Pelagic Fishery Management Plan 2009

• The instrument’s Definitions note that several expressions used are defined in section 3 of the Small Pelagic Fishery Management Plan 2009, including “boat”, “e-monitoring”, “fishing concession”, “holder” and “fish” (cl 4 note). Clause 5(1)(b) also refers to standards in the “certificate granting the statutory fishing right”, a document originating in management-plan processes. Court or administrative interpretation of terms and standards will therefore need to account for definitions and conditions in the SPF Management Plan and associated statutory fishing right certificates.

Vessel Monitoring System (VMS)

• Clause 5(4) makes the ability to power off an e-monitoring system conditional on two things: the boat being in port and the boat having an operational VMS installed. The Direction thereby creates an operational intersection with the separate VMS regime (cl 5(4)(a)-(b)). Operators must comply with both regimes; the Direction presumes the existence of the VMS requirement as a separate obligation.

AFMA contracts and Contractor role

• The Direction defines “Contractor” as the party contracted as AFMA’s agents to provide e-monitoring systems and associated services (Definitions). That means that contractual terms between AFMA and its Contractor will determine delivery, installation, repair terms and possibly data-handling procedures, while the Direction imposes statutory obligations on concession holders to follow those operational interfaces (cls 5(1)(a), 6(2), 6(5)). Questions about liability for hardware failure, subscription costs or supply will likely involve contract interpretation between AFMA and the Contractor, but the Direction compels concession holders to follow AFMA/Contractor instructions regardless of underlying commercial arrangements.

Evidence, data privacy and other regulatory regimes

• The instrument requires recording, storage and transmission of boat position, activity, system status and visual records of fishing events (Definition of e-monitoring system). The Direction does not address data privacy, retention periods, access by third parties, or use of the footage for non-regulatory purposes. Those issues are therefore governed by AFMA policy, the enabling Act, and any applicable Commonwealth data protection or privacy laws and policies, none of which are set out in this instrument. Any disclosure or secondary use of footage or position data will be subject to the broader legal framework outside the Direction.

Postal and transport laws

• The Direction prescribes removal of the data drive and posting it in a preaddressed, prepaid envelope within 24 hours of returning to port (cl 6(4)(a)-(b)). That interacts with postal and transport regimes for handling removable storage devices and chain-of-custody questions; the Direction does not, however, modify postal law or specify who bears the risk in transit.

Administrative law and delegation

• The Direction was made by AFMA’s CEO as delegate under Delegation No. 2 of 2016 from the AFMA Commission (instrument preamble). Administrative law principles on the limits of delegated powers, reasonableness, and procedural fairness will apply to AFMA’s exercise of powers under this Direction in the same way as they would under other administrative actions.

In short, the Direction sits as an operationally focused, Act-based instrument that references and relies on the Small Pelagic Fishery Management Plan, AFMA contractual arrangements, the VMS regime, postal logistics and the wider statutory framework for enforcement and data governance. The Direction creates binding duties whose practical meaning and enforcement depend on how AFMA exercises its statutory powers and administers contractual arrangements with the Contractor.

The instrument contains limited amendment-history data within the text provided. The Direction itself replaces a predecessor instrument and gives its own commencement details.

Replaces 2020 Direction

• Schedule 1 records the repeal of the Fisheries Management (E-monitoring Small Pelagic Fishery) Direction 2020: “The whole of the instrument , Repeal the instrument” (Schedule 1). Therefore, this 2021 Direction supersedes the 2020 Direction in its entirety.

Date of making and delegation

• The Direction is dated 16 April 2021 and is signed by Wez Norris, Chief Executive Officer of AFMA, acting as delegate under Delegation No. 2 of 2016 made on 14 November 2016 by the AFMA Commission (instrument preamble). That identifies the delegatory chain and the date of signature.

Commencement

• Clause 2 sets out the commencement. The whole instrument commences on 1 May 2021 (cl 2). Clause 5(2) and cl 6(6) use the Act’s s40A(3) reference to define when particular obligations take effect relative to the Direction’s commencement or the first installation date. The Direction also contains an explanatory note that the table in cl 2 relates only to the instrument as originally made and will not be amended in the instrument text for later amendments (cl 2(1)-(2) notes).

No other amendments recorded

• The text supplied does not contain any later amending clauses, schedules, or notations indicating that this instrument was subsequently amended after the 1 May 2021 commencement. The only formal amendment recorded in the provided text is the repeal of the 2020 Direction (Schedule 1).

Implication for practitioners

• Practitioners should assume that the 2021 Direction is the operative Direction as of 1 May 2021 and that the earlier 2020 Direction no longer operates. Any historical compliance relied upon under the 2020 instrument must be reassessed against the 2021 instrument’s specific operational requirements (installation routes, testing triggers, data drive exchange procedures, VMS-powering-off exception, and AFMA’s statement powers).

Limitations of recorded history

• The instrument’s text does not include a running record of subsequent variations, nor does it provide an explanation of the policy reasons for changes from the 2020 Direction. For a complete administrative history (rescissions, variations, or subsequent replacements), one would need to consult AFMA’s public instrument tracking or the Federal Register; the Direction itself records only the 2020 repeal and its own commencement and signature dates.

The Direction as provided contains no reference to litigation, case law, or judicial decisions. It does not cite any judicial interpretation, nor does it record any pending or decided legal proceedings that interpret, challenge or apply its terms. The instrument’s text contains only the Direction’s provisions and the repeal of the 2020 Direction.

What the absence of litigation references in the instrument means practically

• No cases are named in the instrument. The Direction does not indicate that any clauses have been litigated or judicially reviewed. It therefore provides no internal source evidence of how courts or tribunals have interpreted “take all reasonable steps”, “reasonable time period”, or other open-textured standards used in the instrument.

Potential avenues for dispute

• Even though the instrument does not itself record litigation, practical points of legal contest could include the meaning and scope of “reasonable steps” (cls 5(3), 6(2)(b)), the definition and boundaries of a “person acting on behalf of the concession holder” (repeated formula in cls 5-7), the reasonableness of AFMA’s timelines for return of data drives or provision of statements (cl 6(4)(b); cl 7(2)), and disputes about whether particular e-monitoring systems comply with certificate standards (cl 5(1)(b)). Any such disputes would be resolved under the Act and general administrative law principles, but the Direction itself does not identify litigation precedents or settled interpretations.

Precaution for practitioners

• Because the Direction gives AFMA discretion to approve systems and to instruct about data handling and repairs (cls 5(1)(a), 6(2), 6(5)), the most likely legal contests, should they arise, would be administrative-law challenges to AFMA’s exercise of statutory powers or to particular enforcement actions under the Fisheries Management Act 1991. The instrument provides the operative duties but not adjudicative guidance on enforcement consequences or judicial interpretations.

Summary

• The instrument contains no litigation history. For any legal analysis that depends on how these clauses have been interpreted in practice by courts or tribunals, users must look beyond the instrument to judicial databases or AFMA enforcement records. The Direction itself provides the duties and operational details but no record of litigation to clarify ambiguous standards or to establish precedent.

This instrument contains several operational and legal friction points that can create compliance risk if overlooked. The following are concrete pitfalls drawn directly from the Direction’s text.

1. “Take all reasonable steps” is an imprecise standard

• Several obligations are qualified by “take all reasonable steps” (cl 5(3), 6(2)(b)). The Direction does not define what counts as reasonable steps. That leaves operators exposed to AFMA assessment of reasonableness after the fact. Practitioners should document actions taken to maintain/repair systems to evidence that “reasonable steps” were taken.

2. Data drive is narrow, excludes removable RAM

• The Direction defines “data drive” in a way that excludes removable Random Access Memory (RAM) (Definitions). Operators must ensure they understand which removable components are treated as the data drive and which are not. Mistaking other removable storage for the defined “data drive” risks non-compliance with the return procedures (cl 6(3)-(4)).

3. Short posting window after return to port

• When a data drive must be returned, it must be posted within 24 hours of returning to port (cl 6(4)(b)). That tight window requires operators to have immediate onboard procedures and to carry the preaddressed, prepaid envelope ready. Delays in getting to shore, crew sickness, or logistical interruptions could create breach risk.

4. Preaddressed, prepaid packaging implies AFMA provision

• Clause 6(4)(a) requires packaging the drive in a preaddressed, prepaid envelope. Practically that suggests AFMA or the Contractor provides the envelopes and postage. Operators should confirm receipt and supply of such envelopes; otherwise they may be unable to comply with cl 6(4)(b)’s 24-hour posting requirement.

5. Immediate testing obligations after exchange

• The system must be function-tested immediately after a data drive exchange (cl 6(1)(a)(i)). If the replacement drive is faulty or improperly installed, the operator bears the immediate responsibility to detect and report the issue. Failure to test immediately risks periods where the system is not recording fishing events.

6. Power-off exception tightly constrained

• The Direction permits powering off the e-monitoring system only when the boat is in port and when the boat has an operational VMS installed (cl 5(4)(a)-(b)). Operators who power off the system in other circumstances will be in breach even if they have operational reasons. Coordination with VMS procedures is therefore essential.

7. Obligations attach to “persons acting on behalf”

• The instrument repeatedly extends obligations to “a concession holder (or person acting on behalf of the concession holder)” (cls 5-7). That broad phrase can sweep in vessel masters, hire operators, managers, or anyone acting on the holder’s behalf. Concession holders should contractually ensure persons acting for them understand and accept these duties and reporting requirements.

8. Unspecified capacities and “reasonable time”

• The Direction triggers data-drive exchange when the drive’s capacity is reached (cl 6(3)(a)), but does not specify capacity thresholds or how capacity is measured. Similarly, clause 7(2) requires compliance within a “reasonable time period” but does not define it. These undefined thresholds give AFMA scope to set expectations administratively, and operators should seek operational clarifications (for example, via AFMA guidance) and log timings carefully.

9. Repair response depends on AFMA/Contractor agreement

• If the system stops operating, operators must contact AFMA or the Contractor “as soon as practicable” and “take all reasonable steps” to make the boat available at the earliest time agreed with AFMA or the Contractor (cl 6(2)(a)-(b)). This makes repair timelines contingent on AFMA/Contractor scheduling; if AFMA/Contractor availability is delayed, operators must document steps to be able to show they cooperated.

10. AFMA may require broad statements about interactions and handovers

• Clause 7(1) requires detailed statements about the facts leading to device loss/theft/damage, time/date/location of posting or handover (including to postal workers or couriers), and the names and addresses of persons who interacted with the system. Recording such details contemporaneously is crucial; failure to preserve such records will make it difficult to comply with AFMA requests and may trigger allegations of non-compliance.

11. Manufacturer, Contractor or AFMA instructions govern installations and replacements

• Clause 6(5) requires that new or replacement data drives be installed following instructions issued by AFMA, the Contractor, or the manufacturer. Operators must not substitute their own installation practices; compliance requires following the designated instructions precisely.

12. Vague allocation of costs

• The Direction does not state who pays for supply, installation or repairs. While AFMA or the Contractor may supply hardware (cl 5(1)(a) and the preaddressed, prepaid envelope in cl 6(4)(a) suggest AFMA involvement), the Direction itself does not allocate costs or fees to concession holders. That creates potential commercial risk if AFMA later requires operators to meet costs via other instruments or contractual arrangements.

13. Repeal of the 2020 Direction

• The 2021 Direction repeals the 2020 Direction in full (Schedule 1). Operators who relied on procedures or arrangements under the 2020 Direction should check that current operational processes align with the 2021 Direction’s requirements.

14. Evidence and chain-of-custody: transit risk

• The obligation to post the removable data drive introduces chain-of-custody and transit risk. The Direction does not address loss in transit or steps AFMA will take if drives are lost or damaged en route. Practitioners should maintain contemporaneous evidence of handover and postage to demonstrate compliance.

Each of these “gotchas” turns on text in the Direction. Concession holders and their advisers should map these items into standard operating procedures, written crew instructions and contractual arrangements with any third parties who operate vessels or handle post and repairs.

This section distils the Direction’s operative commands into a practical compliance checklist. Each step is rooted in the instrument’s clauses and definitions so that compliance actions directly mirror the Direction’s obligations.

1. Confirm applicability and nominate the boat

• Verify that the concession and fishing activity are within the midwater trawl sector of the Small Pelagic Fishery. The Direction applies to concession holders (or persons acting on their behalf) fishing in that sector (cl 5(1)). Identify the nominated boat(s) on which an e-monitoring system will be installed.

2. Meet the installation deadline

• The initial installation obligation under cl 5 must be complied with no later than three months from the Direction’s commencement, or on the day the e-monitoring system is first installed within that period (cl 5(2); cl 2). The instrument commenced on 1 May 2021 (cl 2). Ensure the system is installed by that deadline or document installations that occur earlier.

3. Decide the compliance route for equipment

• Either receive an e-monitoring system supplied and installed by AFMA or the Contractor, or ensure any installed system complies with the standards and requirements specified in the certificate granting the statutory fishing right (cl 5(1)(a)-(b); Definitions). If using a system not supplied by AFMA/Contractor, obtain written confirmation that it meets certificate standards.

4. Follow AFMA/Contractor installation and replacement instructions

• For installation of new or replacement data drives or equipment, follow the instructions issued by AFMA, the Contractor, or the manufacturer (cl 6(5)). Keep copies of instruction documents onboard and in shore records.

5. Maintain continuous operational readiness

• Take all reasonable steps to ensure the e-monitoring system is operational at all times and capable of recording all fishing events (cl 5(3)). Document maintenance routines, spare parts inventories, and a log of actions taken to demonstrate “reasonable steps” if questioned.

6. Implement the mandatory testing schedule

• Conduct function tests at the four trigger points: immediately after a data drive exchange; prior to starting each trip; whenever there is reasonable suspicion of a fault; and after inactivity over 14 days (cl 6(1)(a)(i)-(iv)). Record the results in a test log with timestamps and tester names.

7. Establish fault-reporting procedures

• If you suspect issues, report them to AFMA or the Contractor as soon as practicable (cl 6(1)(b)). Maintain a faults register and evidence of reporting (emails, call logs, tickets).

8. Keep camera fields of view clear and well-lit

• Clean camera lenses regularly to maintain a clear field of view and ensure that camera views of fishing events remain unobstructed and well-lit (cl 6(1)(c)-(d)). Document cleaning schedules and inspections.

9. Develop repair and availability plans

• If the e-monitoring system stops operating, contact AFMA or the Contractor immediately and agree the earliest feasible repair schedule (cl 6(2)(a)). Take all reasonable steps to make the boat available at the earliest agreed time (cl 6(2)(b)). Keep records of communications, agreed times and actions.

10. Manage data-drive exchanges and returns proactively

• When the data drive’s capacity is reached, a drive fails a system test, or AFMA/Contractor instructs, remove the data drive, package it in the preaddressed, prepaid envelope and post it within 24 hours of returning to port (cl 6(3)-(4)). Keep postal receipts and, where possible, use trackable delivery to establish chain-of-custody.

11. Install replacement drives correctly

• Install new or replacement drives following AFMA/Contractor/manufacturer instructions and immediately perform the post-exchange function test (cl 6(1)(a)(i), 6(5)). Record the test outcome.

12. Maintain records to answer AFMA statements requests

• AFMA can ask for statements about loss, theft, damage, handovers, persons who interacted with systems, reasons for non-operation and other related matters (cl 7(1)(a)-(e)). Maintain contemporaneous logs of who handled systems or drives, times and locations of handovers, repair reports, and voyage logs to respond within a reasonable time period (cl 7(2)). Keep crew lists and contact details for persons employed or engaged who may have interacted with the system (cl 7(1)(c)).

13. Ensure VMS continuity and understand power-off exception

• If you intend to power off the e-monitoring system while in port, confirm the vessel has an operational VMS installed; power-off is permitted only when both conditions are satisfied (cl 5(4)(a)-(b)). Do not power off the e-monitoring system at sea or in other circumstances unless expressly authorised.

14. Clarify logistics and envelope provision

• Confirm with AFMA/Contractor that preaddressed, prepaid envelopes are supplied and understand their distribution and restocking process (cl 6(4)(a)). Establish onboard control to prevent misplacement of envelopes.

15. Contractually bind persons acting on behalf of the concession holder

• Because duties extend to persons acting on behalf of concession holders, ensure vessel masters, contractors, charterers and other agents have written instructions and contractual obligations to comply with the Direction’s requirements (cls 5-7). Include obligations for testing, reporting, data-drive handling and cooperation with AFMA investigations.

16. Prepare for evidence preservation

• Document testing, maintenance, repairs, handovers, and communications. Preserve electronic logs, CCTV footage, and postal receipts for the statutory retention period applicable to AFMA investigations (the Direction does not specify retention durations; preserve records consistent with good regulatory practice and AFMA guidance).

17. Seek clarification where the instrument is silent

• For undefined terms such as data-drive capacity thresholds and what constitutes a “reasonable time period”, request operational guidance from AFMA or the Contractor and retain written confirmation. Where certificate standards apply (cl 5(1)(b)), obtain those conditions and ensure the equipment meets them.

18. Train crew and shore staff

• Provide training on function tests, cleaning lenses, data-drive exchange procedures, packaging/posting and immediate steps to take if the system stops operating. Maintain a training log.

19. Audit compliance periodically

• Conduct internal audits to ensure tests are performed, drives are exchanged and posted within required windows, camera views are unobstructed and AFMA/Contractor instructions are followed. Keep audit records to demonstrate proactive compliance.

20. Plan for contingencies

• Because the Direction does not specify who bears repair or replacement costs, maintain a budget or contingency fund for potential repairs. Also document steps taken if postal losses occur, and notify AFMA immediately in such events.

Following these steps aligns operational practice with the Direction’s text and produces documentary evidence suitable for demonstrating compliance with the Direction’s “must” obligations. Where the Direction is silent or uses open-textured standards, obtain written clarification from AFMA and keep contemporaneous records.