Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark Fishery) Direction 2021

This instrument organises around a set of discrete legal and operational concepts. Each concept is defined or operationalised in the Direction and determines rights, duties, and processes.

• E-monitoring system, approved by AFMA. The instrument defines an e-monitoring system as AFMA-approved equipment able to record, store and transmit a boat’s position and activity, the e-monitoring system’s status, and all fishing events including visual records (definition, clause 4). Approval by AFMA is therefore a precondition to lawful use under clause 6(1).

• Data drive. The Direction treats the removable storage medium as a discrete evidentiary and logistical object. A data drive is defined as a removable component capable of storing e-monitoring data and able to be removed by the operator, but explicitly excludes removable Random Access Memory (definition, clause 4). The Direction prescribes how a data drive must be exchanged and returned to AFMA, including packaging and timing (clauses 7(3)-(5)).

• Nominated boat and fishing day. The obligation attaches to a nominated boat used by a concession holder in the GHAT (clause 6(1)). The Direction relies on the statutory definitions in the Act and the relevant Fishery Management Plan for terms such as boat, fishing concession, holder and fish (clause 4 note). It specifies that a fishing day is any calendar day in which fishing gear is deployed or retrieved (clause 4 definition).

• Supply and installation options. AFMA may supply and install the hardware itself or do so through a named Contractor acting as AFMA’s agent (clause 6(1)(a); definition of Contractor). Alternatively, a system may comply with certificate-specified standards (clause 6(1)(b)). AFMA therefore controls equipment approval and may delegate procurement and installation.

• Operational maintenance and testing. The Direction sets out precise testing obligations and triggers for tests: immediately after a data drive exchange, prior to starting a new trip, when there is reasonable suspicion of fault, and after inactivity greater than 14 days (clause 7(1)(a)(i)-(iv)). It requires cleaning camera lenses and ensuring unobstructed views (clause 7(1)(c)-(d)).

• Failure protocols and observer substitution. If the e-monitoring system ceases to function, concession holders must not fish using the specified methods in areas listed in Annex 1 unless an AFMA observer is on board (clause 7(2)(a)). They must report the failure and make the boat available for repair (clause 7(2)(b)-(c)). Annex 1 enumerates the zones and closures to which this applies.

• Exemptions by fishing effort. The Direction creates effort-based exemptions. A boat is exempt if it has been used for certain methods for less than specified thresholds in the current and prior fishing season (clause 6(5)). The thresholds vary by method: 50 fishing days for gillnet and for automatically baited longline, and 100 fishing days for manually baited longline and dropline. However, combinations of methods reaching 100 fishing days negate exemptions (clause 6(6)(a)). A separate exception exists if a different Direction requires e-monitoring for the boat (clause 6(6)(b)).

• AFMA’s investigatory powers. The Direction allows AFMA to require statements about loss, theft, damage, the time and place of handing over data drives, the names of persons working with the equipment, reasons for the system not operating, and other handling details (clause 8(1)(a)-(e)). Clause 8(2) imposes an obligation to comply with such requests without unreasonable delay.

• Repeal of prior instrument. The 2015 E-Monitoring Direction is repealed in full (Schedule 1). The Direction therefore maps to an updated regulatory template, effective 1 May 2021 (clause 2; Schedule 1).

Taken together, these concepts create a proceduralised monitoring regime. Approval, supply, installation and maintenance are centrally managed by AFMA and its Contractor, data collection is treated as a discrete, transferable artefact, and AFMA has statutory hooks to require explanations and restrict fishing activity where monitoring is unavailable.

The Direction directly binds concession holders, and persons acting on their behalf, who fish in the GHAT using the methods specified. The operative language repeatedly addresses "a concession holder (or person acting on behalf of the concession holder)" and places obligations on that actor to install, operate, maintain, and return e-monitoring data (clauses 6(1), 6(3), 7(1)-(5), 8(1)-(2)). The term concession holder is cross-referenced to definitions in the Fisheries Management Act and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (clause 4 note), so the pool of affected persons is those who hold Commonwealth statutory fishing rights for the GHAT.

Boats nominated under a concession are the immediate locus of the obligations. The Direction requires an e-monitoring system to be installed and operating on a nominated boat (clause 6(1)). It uses "nominated boat" repeatedly for operational duties such as powering off permits (clause 6(4)) and data drive exchanges (clause 7(3)-(5)). Therefore owners, masters and those who act in operational control of the nominated boat must adopt or enable the required behaviour.

AFMA and the Contractor are affected as decision-makers and service providers. The Direction envisages AFMA or the Contractor supplying and installing the equipment (clause 6(1)(a)). The definitions and procedural provisions give AFMA the ability to approve systems, direct data drive exchanges, and request statements (definition of E-monitoring system, clauses 7(3)(c), 8(1)). The Contractor, as defined, is AFMA's contracted agent to provide e-monitoring systems and associated services.

Third parties who interact with e-monitoring data are indirectly affected. Clause 8(1)(b) requires concession holders to state time, date and location where the person posted or handed over the data drive to another person, including a postal worker or courier. This brings post‑handlers and couriers into the evidentiary chain, at least as facts to be recorded.

Geographic and method-based effects are specified. Annex 1 lists discrete areas and closures where additional constraints apply if the e-monitoring system stops operating, and the Direction differentiates by fishing method in both the exemptions and the Annex 1 restrictions. Gillnet methods are mentioned explicitly in relation to certain zones and the dolphin observation zone in Annex 1. Automatic longline equipment is singled out in several closure areas (Annex 1).

Personnel employed or engaged by concession holders are also incidentally implicated. Clause 8(1)(c) requires naming persons who had any interactions with the e-monitoring system, which imports a record-keeping and disclosure obligation for crew, contractors, and shore-based agents who handle the equipment.

Finally, the Direction’s exemptions hinge on fishing effort across the current and previous fishing seasons (clause 6(5)). Concession holders who operate low-effort boats across two seasons may be exempt. However, if a boat uses a combination of methods reaching 100 fishing days or more, the exemption does not apply (clause 6(6)(a)). Therefore fleet-level deployment and how operators allocate methods and trips across seasons will determine who is affected.

The Direction does not explicitly assign costs to any party. It says AFMA or the Contractor will supply and install the system, but does not state whether concession holders pay for equipment, maintenance or data services (clause 6(1)(a)). That leaves open questions about the distribution of capital and operating expenses and any commercial terms between AFMA and the Contractor.

The Direction primarily imposes mandatory duties on concession holders or persons acting on their behalf. The operative verbs used in the instrument are "must" and "take all reasonable steps", denoting mandatory and due‑diligence obligations. The key duties and any limited rights or exceptions are as follows, with clause references.

Installation and operation duties

• A concession holder must have an AFMA-approved e-monitoring system installed and operating on the nominated boat (clause 6(1)). The system may be supplied and installed by AFMA or the Contractor, or may comply with certificate standards (clause 6(1)(a)-(b)).
• The obligation to install must be complied with no later than three months from the date of commencement of the Direction, or on the day the system is first installed within that period (clause 6(2)).
• Once installed, the concession holder must take all reasonable steps to ensure the e-monitoring system is operational at all times and capable of recording all fishing events (clause 6(3)). For compliance timing purposes, this obligation commences on the day the system is first installed (clause 6(3) note).

Operational exceptions and powering off

• An installed e-monitoring system may be powered off when the nominated boat is in port and the nominated boat has an operational Vessel Monitoring System installed (clause 6(4)). This creates a narrow right to deactivate monitoring in port subject to a functioning VMS.

Effort-based exemptions

• The Direction exempts boats from installation and operation where effort thresholds are not exceeded across the current and previous fishing season: less than 50 fishing days for gillnet or automatically baited longline (clause 6(5)(a)-(b)), less than 100 fishing days for manually baited longline or dropline (clause 6(5)(c)-(d)). These thresholds require counting fishing days in both seasons.
• A boat is not exempt if it has used a combination of specified methods for 100 fishing days or more, or if the boat already has an e-monitoring requirement under another s40A(1) Direction (clause 6(6)(a)-(b)).

Maintenance, testing and reporting

• Concession holders must take all reasonable steps to maintain systems in good working order, including specific tests immediately after a data drive exchange, prior to starting a trip, when there is reasonable suspicion of fault, and after inactivity greater than 14 days (clause 7(1)(a)(i)-(iv)).
• They must report suspected issues to AFMA or the Contractor as soon as practicable (clause 7(1)(b)).
• Camera lenses must be kept clean, camera views of catch handling and gear deployment must remain unobstructed and adequately lit (clause 7(1)(c)-(d)).

Failure protocols and data handling

• If the e-monitoring system stops operating, concession holders must not fish using the specified methods in the areas listed in Annex 1 unless an AFMA observer is on board (clause 7(2)(a)). They must contact AFMA or the Contractor as soon as practicable to organise repairs and make the boat available for repair at the earliest agreed times (clause 7(2)(b)-(c)).
• Data drives must be exchanged and returned to AFMA when storage capacity is reached, when a drive fails a systems test and is replaced, or upon instruction by AFMA or the Contractor (clause 7(3)(a)-(c)). The physical exchange process is detailed: careful removal, immediate packaging in a pre-addressed, pre-paid envelope, and posting within 24 hours of returning to port or from removal if removed at sea (clause 7(4)(a)-(c)). New or replacement data drives must be installed according to AFMA, Contractor, or manufacturer instructions (clause 7(5)).

Information and disclosure duties

• AFMA may require a statement setting out facts about loss, theft or damage to equipment or data, the time/place of handing over the data drive, names and addresses of persons interacting with the system, reasons for a non-operational system, and other matters relating to installation, carriage, use and maintenance (clause 8(1)(a)-(e)).
• Concession holders must not, without reasonable excuse, fail to comply with a request to give such a statement within a reasonable time (clause 8(2)).

Rights and AFMA discretions

• AFMA retains approval rights for equipment (definition of e-monitoring system), supply and installation discretion (clause 6(1)(a)), and instruction rights over data drive exchanges (clause 7(3)(c)). Certificate conditions also create rights for holders to use compliant systems as an alternative (clause 6(1)(b)). The Direction therefore balances AFMA’s central control with certificate-based choices where the certificate specifies standards.

Timing of obligations

• Several obligations commence on the day the e-monitoring system is first installed, such as the obligation to ensure operation and to perform testing and data-drive procedures (clauses 6(3), 7(6)). The initial installation deadline is three months from commencement for the installation duty (clause 6(2)).

The Direction avoids setting out penalty quantum or enforcement steps in detail. It does, however, make certain duties mandatory and provides AFMA with supervisory rights to require statements and restrict fishing in specified areas when monitoring is absent. For the precise shape of sanctions and legal remedies for non-compliance, the Direction refers to AFMA’s statutory power under s40A(1), and users should consult the Fisheries Management Act 1991 for the enforcement framework.

The Direction itself prescribes mandatory duties and directs how AFMA may regulate behaviour, but it does not specify monetary penalties or criminal sanctions within its text. Instead, it constructs enforceable obligations by the use of mandatory language and by prescriptive operational controls. Key enforcement mechanisms present in the Direction, and their immediate legal effects as written, are as follows.

Mandatory obligations

• The instrument uses "must" and "take all reasonable steps" across its provisions (for example clauses 6(1), 6(3), 7(1), 7(3), 8(2)), creating mandatory obligations for concession holders and persons acting on their behalf. Clause 8(2) specifically states a concession holder must not, without reasonable excuse, fail to comply with an AFMA request to give a statement under clause 8(1).

AFMA’s supervisory and operational controls

• AFMA retains approval authority over e-monitoring equipment by defining the e-monitoring system as "approved by AFMA" (definition in clause 4). Approval is a precondition to lawful use under clause 6(1), which gives AFMA gatekeeping power over technically compliant systems.
• AFMA or its Contractor supply and install systems, and AFMA may instruct data drive exchange, making AFMA and its Contractor operationally central (clause 6(1)(a); clause 7(3)(c)).
• If the e-monitoring system stops operating, the Direction restricts fishing using specified methods in areas listed in Annex 1 unless an AFMA observer is on board (clause 7(2)(a)). This is an immediate, operational enforcement tool that can produce lost fishing opportunity for non-compliant operators.

Information-gathering and investigatory powers

• Clause 8(1) allows AFMA to require a statement setting out facts about loss, theft or damage to the e-monitoring system, the transfer of data drives, personnel interactions, reasons for non-operation, and other handling matters. Clause 8(2) then obliges concession holders to comply with such requests within a reasonable time unless they have a reasonable excuse. The Direction therefore provides AFMA with a statutory avenue to obtain forensic and chain-of-custody information.

Procedural enforcement but silent on sanctions

• The Direction does not itself set out penalties such as fines or imprisonment. It creates enforceable obligations that are made under AFMA’s authority in s40A(1) of the Fisheries Management Act 1991 (clause 3). The Act contains the enforcement regime, but the Direction does not restate penalty provisions or enforcement processes under the Act.

Immediate practical enforcement consequences

• Operational non-compliance triggers immediate practical consequences under the Direction. For example, if a system fails and cannot be restored, the concession holder cannot lawfully fish in specified zones (Annex 1) without an observer aboard (clause 7(2)(a)). That carries an economic consequence in terms of lost fishing days, potential disruption to quotas, and logistical costs to arrange observer coverage.

Enforcement actors

• AFMA is the primary decision maker and enforcer under the Direction. The Contractor, as AFMA's agent, has operational roles in supply, installation and data drive exchanges, and may implement AFMA’s instructions (definition of Contractor; clauses 6(1)(a), 7(3)(c)). AFMA’s discretion over approvals and instructions is therefore the main enforcement lever.

Records and evidentiary consequences

• The Direction’s detailed chain-of-custody steps for data drives (clauses 7(3)-(5)) and the requirement to keep camera views unobstructed and adequately lit (clause 7(1)(d)) erect evidentiary standards. Failure to follow prescribed data-handling procedures may be used by AFMA in downstream compliance action.

Compliance obligation for statements and interplay with other laws

• The instrument compels concession holders to supply statements about equipment handling when requested (clause 8). Concession holders must therefore maintain records sufficient to answer AFMA’s queries. The Direction does not elaborate on protection of such statements, or how they interact with privilege, privacy or other statutory regimes, so those interactions must be resolved against the Fisheries Management Act and other applicable laws.

In short, enforcement under the Direction is achieved by mandatory operational controls, AFMA’s approval and instruction powers, and an obligation to provide detailed information on request. The Direction does not list or quantify penalties, and it leaves the imposition of sanctions to the apparatus of the Act and AFMA’s enforcement tools. Users should consult the Fisheries Management Act 1991 for the precise sanctions and enforcement procedures available to AFMA for breaches of Directions made under s40A(1).

The Direction anchors itself to the Fisheries Management Act 1991 by reference and by the power under which it is made. It also cross-references the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 for definitions. Within the instrument, interaction with other legal frameworks is expressed in several concrete ways.

Statutory authority

• The Direction is made under s40A(1) of the Fisheries Management Act 1991 (clause 3). The instrument therefore sits as a delegated instrument within the statutory scheme of the Act. The Direction does not restate the enforcement regime or sanctions; these remain in the Act and any other applicable Commonwealth law.

Management plan and statutory fishing right certificates

• The Direction notes that a number of expressions such as boat, fishing concession, holder and fish are defined in s4 of the Act and s3 of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (clause 4 note). Clause 6(1)(b) explicitly permits use of an e-monitoring system that "complies with the standards and requirements specified in the certificate granting the statutory fishing right." That imports certificate conditions into the regulatory mix and creates a point of interaction between AFMA Directions and the conditions of individual statutory fishing rights.

Vessel Monitoring System (VMS)

• Clause 6(4) provides that an installed e-monitoring system may be powered off when the nominated boat is in port and the boat has an operational Vessel Monitoring System installed. This implies that VMS obligations continue to apply and that operators must ensure VMS functionality to take advantage of the port-power-off exception. Any VMS requirements derive from separate statutory instruments or AFMA conditions and are not re‑set by this Direction.

Other AFMA Directions and instruments

• Clause 6(6)(b) confirms that a boat is not exempt from installation when it already has a requirement to install and operate an e-monitoring system under another Direction made under s40A(1). This avoids duplication or conflicting exemptions between Directions and positions this Direction as one among potentially multiple AFMA Directions regulating e-monitoring.

Data handling, privacy and telecommunications

• The Direction sets out practical obligations for data drive handling, shipping and exchange (clauses 7(3)-(5)), and requires statements about who handled systems and data (clause 8(1)(c)). It does not mention privacy, data protection or telecommunications laws. Those obligations will therefore interact with Commonwealth privacy and telecommunications legislation in practice, for example in relation to storage, disclosure, transmission, and retention of visual and positional data. The Direction does not resolve conflicts or provide protection; operators should assess compliance with privacy obligations and any applicable data security requirements outside the Direction.

Customary law, state and territory overlay

• The Direction applies in the Australian Fishing Zone (AFZ) areas listed in Annex 1. The instrument does not address potential overlap with state or territory fisheries laws where activities interact with state waters, nor with native title or cultural heritage obligations. Where such overlaps exist, operators will need to reconcile AFMA’s Direction with applicable state, territory and other Commonwealth laws.

Procedural rights and administrative law

• AFMA exercises administrative discretion in approving systems, instructing data exchanges and requesting statements (definition of e-monitoring system; clause 7(3)(c); clause 8(1)). Those administrative decisions will be subject to the usual constraints of administrative law, including reasonableness, procedural fairness and review rights, although the Direction itself does not set out review or appeal processes. Aggrieved parties may need to rely on the Act and general administrative law principles to challenge AFMA decisions.

Contractual and procurement interactions

• The Contractor is defined as AFMA’s contracted agent to provide e-monitoring systems and associated services (definition). The Direction thus creates an operational relationship that will sit alongside contractual arrangements between AFMA and the Contractor, and between concession holders and their contractors. The Direction does not specify commercial arrangements, costs, or liability allocation between AFMA, the Contractor and concession holders. Those matters will be determined by contracts and by the broader legal framework.

In short, the Direction is a focused delegated instrument that integrates with statutory fishing rights, AFMA’s broader instrument suite, VMS obligations and existing management plans. It does not displace these instruments but creates an additional layer of operational obligations that must be reconciled with privacy, contractual, state law and administrative law obligations outside the Direction.

The Direction as presented is self-contained and shows a single explicit amendment action: it repeals the entire earlier E-Monitoring (Southern and Eastern Scalefish and Shark Fishery) Direction 2015 (Schedule 1). The instrument states the date it was made, the delegate authority, and the commencement date.

Key temporal and administrative facts from the text:

• Made and dated. The Direction is made by Wez Norris, Chief Executive Officer of AFMA, as delegate under Delegation No. 2 of 2016 made on 14 November 2016 from the AFMA Commission. The instrument is dated 16 April 2021 (header and signature block).
• Commencement. The whole instrument commences on 1 May 2021 (clause 2(1) table).
• Repeal of 2015 instrument. Schedule 1 expressly repeals the E-Monitoring (Southern and Eastern Scalefish and Shark Fishery) Direction 2015, stating "The whole of the instrument" and "Repeal the instrument" (Schedule 1).

No other amendments, variations, or transitional provisions to earlier or later instruments are contained in the text provided. The Direction includes a table in clause 2 for commencement particulars and a note that the table relates only to the provisions as originally made. The Direction also contains a procedural note in clause 2(2) concerning the non‑statutory nature of column 3 information in the commencement table; that note indicates the published version may include non‑instrumental information but that such information is not part of the instrument.

Because the Direction displaces the 2015 Direction in full, any operational or compliance changes introduced by the 2021 Direction should be viewed against the absence of the 2015 instrument from the regulatory environment after the commencement date. The textual record here contains no further history of prior amendments to the 2015 instrument, nor does it contain any subsequent variation to the 2021 Direction. For a complete amendment timeline, practitioners should check the Federal Register of Legislation and AFMA’s public records for any later variations or revocations.

The instrument itself contains no reference to judicial or administrative litigation. It does not cite cases, and it does not record prior decisions or legal challenges. Consequently, within the text provided, there is no litigation history to report.

Given the role of the Direction as a delegated statutory instrument under s40A(1) of the Fisheries Management Act 1991, disputes about its scope, validity, or AFMA’s exercise of discretion in approving systems, ordering fishers not to fish in certain areas, or compelling statements could be litigated under administrative law principles or in enforcement proceedings under the Act. However, the Direction does not set out any precedential decisions, and no cases are named or discussed in the instrument.

Practitioners seeking litigation history relevant to this Direction must therefore consult external sources:

• AFMA public records and decisions for administrative actions or internal reviews that reference the Direction.
• Federal court and tribunal databases for any judicial review, enforcement, or related proceedings that rely on this Direction.
• Published orders, determinations or administrative decisions where the Direction was material to the outcome.

The absence of litigation references in the instrument does not indicate an absence of subsequent challenges. Any enforcement action under the Fisheries Management Act 1991 that rests on this Direction could generate litigation on statutory power, rationality of decisions, procedural fairness and the legal effects of conditions imposed under Directions made pursuant to s40A(1). For any client-facing work, confirm latest case law searches and AFMA enforcement bulletins to capture post-commencement litigation.

The Direction contains numerous precise procedural requirements and thresholds that create practical compliance pitfalls. The following are discrete issues that concession holders, skippers, compliance officers and counsel should watch for, each grounded in the Direction’s text.

Unspecified cost allocation

• The Direction permits AFMA or its Contractor to supply and install equipment (clause 6(1)(a)), yet it does not state who pays for the capital, installation, maintenance or replacement costs. Clause 6(1)(b) allows certificate-standard systems as an alternative, but the instrument is silent on cost liability. That silence creates commercial uncertainty and potential disputes over who bears ongoing operating costs.

Commencement and obligation timing

• Installation must be complied with no later than three months from commencement (clause 6(2)). The obligation to keep the system operational commences on the day the e-monitoring system is first installed (clause 6(3) note). Similarly, testing and data-return obligations commence on installation (clause 7(6)). These provisions mean that operators who have equipment installed near the deadline must be operationally ready immediately upon installation; late installation compresses compliance time.

Data drive exchange timing and chain of custody

• The Direction requires that a removed data drive be packaged immediately in a pre-addressed, pre-paid envelope and posted within 24 hours of returning to port, or within 24 hours of removal if removed at sea (clause 7(4)(b)-(c)). Practical issues include postal availability at remote ports, customs or quarantine holds, courier availability, and international transits. Non-compliance with these procedural timing steps may expose operators to AFMA scrutiny.

Definition mismatch and technology specifics

• The Direction defines data drive and explicitly excludes removable Random Access Memory (clause 4). Operators must ensure their hardware and practices conform precisely to AFMA-approved configurations. Using a storage medium inconsistent with AFMA’s approval could render the system non-compliant even if it functionally records data.

Exemptions and effort accounting complexity

• Exemptions rely on counting fishing days across both the current and previous fishing season (clause 6(5)). Precise accounting of fishing days is required. The Direction counts a fishing day as any calendar day in which gear is deployed or retrieved (clause 4). Miscounting can inadvertently remove an exemption. Additionally, clause 6(6)(a) says a combination of methods reaching 100 fishing days negates exemptions, which creates a complexity if operators switch methods between trips.

Narrow powering-off exception

• An installed system may be powered off only when the boat is in port and has an operational Vessel Monitoring System installed (clause 6(4)). Operators may mistakenly assume broader rights to power off the e-monitoring system; the Direction confines the exception to port presence and VMS operation.

Observer substitution and practicalities

• If the e-monitoring system stops operating, fishing using specified methods in areas listed in Annex 1 is prohibited unless an AFMA observer is on board (clause 7(2)(a)). Arranging an AFMA observer on short notice may be impractical, and the Direction requires contact with AFMA to organise repairs and availability (clause 7(2)(b)-(c)). Operators planning trips in those areas must have contingency plans to avoid lost opportunity.

Reporting triggers and testing schedule

• The mandatory function tests include triggers such as immediately after a data drive exchange, prior to commencing a trip, when there is reasonable suspicion of fault, and after inactivity greater than 14 days (clause 7(1)(a)(i)-(iv)). Failure to run tests at the specified times is non-compliant. "Reasonable suspicion" is an objective standard that will be assessed against the facts; operators should document tests and outcomes.

Information disclosure obligations and privacy risk

• Clause 8(1)(c) requires disclosure of names and addresses of persons who had interactions with the e-monitoring system. This may raise privacy and employment implications. The Direction imposes a duty to provide such details to AFMA on request (clause 8(2)), which may conflict with other obligations or internal policies; operators should ensure staff are briefed and records are kept to support rapid compliance.

Geographical detail and operational planning

• Annex 1 contains closure coordinates and detailed zone descriptions. Operators must ensure navigational systems and trip planning reflect those bounded areas. The Direction’s constraints are method-specific in many closures (for example automatic longline only in several closures), so an operator using multiple methods must map those restrictions carefully.

Absence of penalty detail

• The Direction does not state penalties. Practitioners should be aware that the absence of explicit penalty amounts does not mean the Direction lacks enforceability; AFMA’s statutory powers under the Fisheries Management Act 1991 will determine sanctions. Operators should not misinterpret silence on penalties as regulatory laxity.

Recordkeeping and evidentiary expectations

• The Direction’s detailed processes (storage, packaging, and postage of data drives, equipment testing, camera positioning and lighting) create high evidentiary expectations. In the event of an AFMA inquiry, operators will be expected to demonstrate following these procedures. Maintain contemporaneous logs of tests, drive exchanges, correspondence with AFMA, and crew interactions.

In sum, the detailed prescriptive nature of the Direction puts a premium on operational discipline, accurate effort accounting, prompt communications with AFMA, and careful handling of data drives and camera systems. The Direction’s silences , on cost allocation and sanctions , are themselves sources of practical risk.

Complying with the Direction requires an operational programme that converts the textual duties into repeatable shipboard and shore‑side practices. The following is a compliance checklist mapped to the Direction’s clauses, followed by practical suggestions for recordkeeping and interactions with AFMA and the Contractor.

Checklist of mandatory actions and timings

1. Confirm applicability and nominated boat(s)

   • Determine whether you are a concession holder or acting on behalf of one and whether the boat is a nominated boat for GHAT activity (clause 6(1)). Check statutory fishing right certificates and the Fishery Management Plan definitions (clause 4 note).

2. Establish whether an exemption applies

   • Tally fishing days for the current and previous fishing seasons by method using the Direction’s definition of fishing day (clause 4; clause 6(5)). If total days by method are below thresholds (50 for gillnet/automatic longline, 100 for manual longline/dropline) for both seasons, you may qualify for an exemption (clause 6(5)). If a combination of methods reaches 100 fishing days, the exemption is lost (clause 6(6)(a)).

3. Arrange for AFMA or Contractor installation, or confirm certificate compliance

   • If no exemption, either accept AFMA or the Contractor supply/installation, or install a system that meets the standards in your statutory fishing right certificate (clause 6(1)(a)-(b)). Contact AFMA early to determine the approved equipment list and installation scheduling.

4. Meet the installation deadline

   • Ensure the e-monitoring system is installed within three months of commencement, or by the required date if the Direction’s commencement window applies to you (clause 6(2)). Remember many obligations commence on the day the system is first installed (clause 6(3) note; clause 7(6)).

5. Operational readiness and testing

   • Implement a testing regime covering the Direction’s triggers: immediately after any data drive exchange, prior to starting a trip, on reasonable suspicion of fault, and after any 14 day inactivity period (clause 7(1)(a)(i)-(iv)). Keep written logs of tests indicating date, time, operator, and result.

6. Maintain camera views and lighting

   • Establish procedures to clean camera lenses regularly and ensure catch handling and gear deployment areas are unobstructed and adequately lit (clause 7(1)(c)-(d)). Photograph or log camera sightlines periodically to evidence compliance.

7. Data drive exchange and chain of custody

   • Follow the removal and return steps exactly: carefully remove the data drive, package it immediately in a pre-addressed, pre-paid envelope, and post within 24 hours of return to port or from removal if removed at sea (clause 7(4)(a)-(c)). Use a checklist for removal and packaging, and log the date, time, port, and courier/post office details. If instructed by AFMA or the Contractor to exchange drives sooner, comply (clause 7(3)(c)). Maintain a duplicate record of the envelope serial number, posting receipt, and tracking.

8. Fault reporting and failure protocols

   • If the system stops operating, do not fish using specified methods in the areas in Annex 1 unless an AFMA observer is on board (clause 7(2)(a)). Contact AFMA or the Contractor as soon as practicable to organise repairs and confirm availability for repairs (clause 7(2)(b)-(c)). Keep logs of communications, times and repair arrangements.

9. Install replacement drives per instructions

   • When issued a new or replacement data drive, install it according to AFMA, Contractor or manufacturer instructions (clause 7(5)). Log installation time, personnel and serial numbers.

10. Respond to AFMA information requests

• If AFMA requires a statement about loss, theft, damage, or handling, respond within a reasonable time unless you have a reasonable excuse, because clause 8(2) makes this an obligation. Maintain internal records to enable rapid and complete responses (clause 8(1)-(2)).

Recordkeeping and evidence

• Maintain an electronic and physical compliance file that includes:
  • Installation certificates and AFMA approvals for the e-monitoring system.
  • Test logs with date, time, operator name and pass/fail results (for the triggers listed in clause 7(1)(a)).
  • Data drive chain-of-custody logs showing removal, packaging, posting, and tracking information (clause 7(4)).
  • Photographs documenting camera views and lighting conditions.
  • Communications with AFMA and the Contractor, including repair requests and confirmation of observer arrangements.
  • Fishing day logs by method, with dates for current and previous seasons to substantiate any claimed exemption (clause 6(5)-(6)).
  • Staff lists and contact details for persons who may be requested by AFMA under clause 8(1)(c).

Operational and contractual steps

• Engage with AFMA early to clarify equipment standards, approval process and any commercial terms for supply and installation; document any commercial arrangements with the Contractor fully.
• Ensure crew and shore staff are trained on removal/installation of data drives, packaging and posting procedures, and the obligation to prevent obstruction of camera views.
• Establish contingency plans for repair scheduling, including access to AFMA observers if fishing in Annex 1 areas is planned and the e-monitoring system fails.

Privacy, data security and legal review

• Given the Direction’s requirements to collect and transmit visual and positional data, conduct a legal review of privacy and data security obligations under Commonwealth law, and adopt appropriate data handling, retention and access controls. While the Direction does not specify privacy protections, AFMA’s information requests and the movement of data drives will engage data governance issues.

Practical tips

• Keep spare pre-addressed, pre-paid envelopes and spare data drives on board if supplied by AFMA or Manufacturer. Confirm with AFMA whether such spares are authorised.
• Where port services are limited, plan drive exchanges with sufficient notice, and record reasons for any delays in posting that are beyond operator control to support a "reasonable excuse" if challenged.
• Use timestamped digital logs and synchronized vessel clocks to ensure that test and event timestamps align with AFMA expectations.
• Where a certificate permits an alternative system (clause 6(1)(b)), obtain a written statement from AFMA or have the certificate terms documented to avoid later disputes over compliance.

Finally, because the Direction invokes AFMA’s powers under the Fisheries Management Act 1991 and cross-references certificate conditions and the Fishery Management Plan, ensure that compliance programmes are integrated with other statutory obligations and any contractual terms with AFMA’s Contractor. Where there is doubt about legal interpretation of obligations such as "reasonable steps", or about the interaction with privacy law or penalty provisions under the Act, obtain legal advice and, if necessary, seek clarifying correspondence from AFMA.