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

The Direction builds around a small set of technical and procedural concepts that determine scope and operational detail. The central concept is an e‑monitoring system, defined in the instrument as AFMA‑approved equipment that can record, store and transmit boat position and activity, record and transmit e‑monitoring system status, and record, including visually, and store all fishing events (cl 4, definition of "e‑monitoring system"). "Fishing event" is defined as the setting of fishing gear, hauling of fishing gear, and handling of catch (cl 4, definition of "fishing event"). The instrument incorporates other statutory definitions by reference: it instructs readers that expressions such as boat, e‑monitoring, fishing concession, holder and fish are defined in s4 of the Fisheries Management Act 1991 and in s3 of the WTBF Management Plan 2005 (cl 4, note).

Another technical construct is the "data drive", defined as a component of the e‑monitoring system that can store e‑monitoring data and can be removed by the operator but excluding removable Random Access Memory (cl 4, definition of "data drive"). The data drive is therefore the physical medium that concession holders must exchange and return to AFMA under specified conditions (cl 7(3)-(4)). The instrument distinguishes between e‑monitoring equipment supplied and installed by AFMA or the Contractor and equipment that instead "complies with the standards and requirements specified in the certificate granting the statutory fishing right" (cl 6(1)(a)-(b)). That creates two alternative compliance paths: equipment supplied/installed by AFMA/Contractor, or equipment meeting certificate standards.

Procedural concepts include the obligation to "take all reasonable steps" to keep the e‑monitoring system operational and capable of recording all longline fishing events (cl 6(3)). The instrument gives a non‑exhaustive set of what "all reasonable steps" entails: prescribed function tests at specified junctures, immediate reporting of suspected issues, cleaning camera lenses, and keeping camera views unobstructed and well lit (cl 7(1)(a)-(d)). The Direction also sets an availability duty if the system stops operating: the concession holder must contact AFMA or the Contractor as soon as practicable and take all reasonable steps to make the boat available for repair at the earliest agreed time (cl 7(2)(a)-(b)).

Temporal and spatial limits are explicit. The only permitted time to power off an installed e‑monitoring system is when the nominated boat is in port and has an operational VMS installed (cl 6(4)). The instrument also sets precise timeframes for data drive handling: the data drive must be packaged in a preaddressed, prepaid envelope and posted within 24 hours of returning to port (cl 7(4)(a)-(b)). AFMA’s discretionary powers are operational rather than legislative in the instrument; AFMA or the Contractor may instruct data drive exchange and AFMA may require written statements with specified content regarding loss, theft, damage, timing and handling of the e‑monitoring system or data drive (cl 7(3)(c); cl 8(1)).

Finally, the Direction is expressly made under s40A(1) of the Act and repeatedly references s40A(3) when specifying commencement and timing of obligations (preamble; cl 3; cl 6(2); cl 7(6)). The instrument repeals the 2020 Direction in Schedule 1, so the 2021 instrument is the operative instrument replacing the prior one.

The instrument targets a defined class of fishers and associated parties. Primary obligations fall on concession holders, or persons acting on behalf of concession holders, who are fishing in the Western Tuna and Billfish Fishery and engaging in longline fishing (cl 6(1)). The term "concession holder" is not defined within this Direction itself but the instrument points to s4 of the Fisheries Management Act 1991 and s3 of the WTBF Management Plan 2005 for that and other statutory definitions (cl 4, note). The obligation is framed in relation to a "nominated boat", which the Direction uses repeatedly; the nominated boat concept will be defined in the Act or the Management Plan referenced (cl 6(1), cl 6(4)).

AFMA is both the authorising agency and the operational decision maker under the instrument. The Direction is made by the AFMA CEO under delegations (preamble; cl 3). AFMA may supply and install e‑monitoring systems or engage a Contractor to do so; the Contractor is specifically defined as the party contracted as AFMA’s agent to provide e‑monitoring systems and associated services (cl 4, definition of "Contractor"; cl 6(1)(a)). The Contractor therefore becomes an operational interface and agent for installation, maintenance and instruction on data drive handling.

Persons employed or engaged by the concession holder who interact with the e‑monitoring system also appear in the instrument through AFMA’s powers to require statements. Clause 8(1)(c) contemplates AFMA requiring the concession holder to identify names and addresses of any person employed or engaged by the concession holder who had interactions with the e‑monitoring system or data drive. That means crew, contractors and shore staff who handle the device may be drawn into investigations or information requests.

Third parties with logistical roles are affected in practice. The data drive exchange process requires posting the drive in a preaddressed, prepaid envelope within 24 hours of returning to port (cl 7(4)). Postal workers, couriers and ports infrastructure therefore form part of the operational chain even though they are not regulated by the Direction. AFMA’s power to require statements about where and when a person posted or handed over a data drive explicitly draws such interactions into AFMA’s investigative reach (cl 8(1)(b)).

Whose costs and obligations are explicitly allocated? The Direction places active operational duties on the concession holder or their agent: to have the system installed and operating, to conduct tests, to clean lenses and keep camera views unobstructed, to report faults and to exchange data drives and return them to AFMA within a short timeframe (cl 6(1), cl 7(1)-(4)). The instrument does not state who bears the financial cost of equipment supply, installation, repair or data drive postage when AFMA or the Contractor are involved (cl 6(1)(a); cl 7(4)(b)). The presence of an AFMA/Contractor supply path and an alternative path that requires compliance with standards in a statutory fishing right certificate (cl 6(1)(b)) allows for different operational arrangements across operators.

This instrument prescribes a set of positive duties and one narrow operational exception that operate together to require continuous e‑monitoring coverage for longline activity in the WTBF.

Key duties:

• Installation and operational availability. Concession holders (or persons acting for them) must have an e‑monitoring system installed and operating on a nominated boat either supplied and installed by AFMA or the Contractor, or complying with standards and requirements specified in the certificate granting the statutory fishing right (cl 6(1)(a)-(b)). The duty 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 6(2)).

• Continuous operation and reasonable steps. Concession holders must take all reasonable steps to ensure the system is operational at all times and capable of recording all longline fishing events (cl 6(3)). The instrument clarifies components of "all reasonable steps" via the maintenance and monitoring obligations in clause 7.

• Function testing. The concession holder must undertake system function tests at specified times: immediately after a data drive exchange, prior to starting a new trip, when there is reasonable suspicion of issues or faults, and after any periods of inactivity greater than 14 days (cl 7(1)(a)(i)-(iv)).

• Reporting and repair. Suspected issues must be reported to AFMA or the Contractor as soon as practicable; if the system stops operating the concession holder must contact AFMA or the Contractor as soon as practicable and take all reasonable steps to make the boat available for repair at the earliest agreed time (cl 7(1)(b); cl 7(2)(a)-(b)).

• Camera maintenance and operational readiness. Lens cleaning, unobstructed camera views and adequate lighting to ensure clear fields of view are required (cl 7(1)(c)-(d)).

• Data drive exchange and return. Concession holders must exchange the data drive and return it to AFMA when the drive’s capacity is reached, when it fails a system test and a replacement has been issued, or when instructed by AFMA or the Contractor, whichever occurs first (cl 7(3)). Exchange must be by removal, packaging in a preaddressed, prepaid envelope and posting within 24 hours of returning to port (cl 7(4)(a)-(b)). Replacement drives must be installed following AFMA, Contractor or manufacturer instructions (cl 7(5)).

• Respond to AFMA statements. AFMA may require a written statement setting out specified facts concerning loss, theft, damage, handover timing, names and addresses of persons who had interactions with the system, reasons the system was not operational, or any other relevant matter about installation, carriage, use, handling, maintenance or monitoring (cl 8(1)(a)-(e)). Clause 8(2) makes it an obligation not to, without reasonable excuse, fail to comply with a request to give such a statement within a reasonable time.

Rights and exceptions:

• Power down in port with VMS. The only express exception to continuous operation is that an installed e‑monitoring system may be powered off if the nominated boat is in port and the nominated boat has an operational Vessel Monitoring System installed (cl 6(4)).

• Alternative compliance route via certificate standards. The concession holder can rely on equipment that "complies with the standards and requirements specified in the certificate granting the statutory fishing right" rather than equipment supplied and installed by AFMA or the Contractor (cl 6(1)(b)). That is framed as an alternative route to compliance rather than a separate regulatory regime.

Procedural nuances:

• The instrument repeatedly frames obligations in terms of "take all reasonable steps" which is fact‑sensitive and may be interpreted in light of vessel size, crew capacity and access to repair resources; the Direction however lists specific tests and timing that concretise what is expected (cl 6(3); cl 7(1)).

• The Direction authorises AFMA and its Contractor to instruct exchanges and repairs and to request comprehensive statements that include handling chain details such as time, date and location where a drive was posted or handed over (cl 7(3)(c); cl 8(1)(b)). That broad investigatory reach is explicitly provided for.

• The instrument does not itself assign financial liabilities for supply, installation, repair or postage; it assigns operational duties to concession holders and identifies AFMA and the Contractor as providers and decision makers for installation, repair and data drive instructions (cl 6(1), cl 7(2), cl 7(3)).

The Direction prescribes duties and creates enforceable procedural obligations, but the instrument itself contains limited detail on penalties or specific sanctions. The Direction is made under s40A(1) of the Fisheries Management Act 1991 (preamble; cl 3), and it references s40A(3) when specifying commencement and timing mechanics (cl 6(2); cl 7(6)). The instrument sets out what concession holders must do, including an explicit requirement not to, without reasonable excuse, fail to comply with an AFMA request for a statement under clause 8(1) within a reasonable time (cl 8(2)). That clause converts AFMA’s information request into a normative duty, but the Direction does not specify the direct penalty, fine or criminal sanction for breach within its own text.

Enforcement mechanisms articulated in the Direction are primarily administrative and operational rather than punitive within the instrument. AFMA and the Contractor are the primary operational decision makers and repair coordinators: concession holders must contact AFMA or the Contractor when issues occur and must make the boat available at the earliest agreed time for repairs (cl 7(2)(a)-(b)). AFMA may instruct data drive exchanges and require statements containing specified information about loss, theft or handling of systems and drives (cl 7(3); cl 8(1)). Compliance is therefore monitored by AFMA through data drive returns and the e‑monitoring recordings that the system is designed to generate (cl 4, definition of "e‑monitoring system"; cl 7(3)-(4)).

Absent from the Direction are explicit sanctioning provisions such as specified pecuniary penalties, suspension or revocation triggers, administrative infringement notices, or explicit referral pathways for criminal prosecution. The instrument also does not specify enforcement procedures such as notice periods, review rights or internal AFMA processes for dealing with non‑compliance. Where the Direction references other statutory texts (s4, s3 of the Management Plan, s40A of the Act), enforcement consequences may be provided by the Fisheries Management Act 1991 or the Management Plan, but those instruments are not included here. The Direction’s requirement that statements be provided and its framing of duties as obligations suggest that non‑compliance may be actionable under the enabling Act, but the Direction itself stops short of setting out the sanctioning regime or penalty quantum (cl 8(2); cl 3).

Practical enforcement levers that the Direction does create include AFMA’s control over installation and replacement equipment via the Contractor, AFMA’s ability to instruct data drive exchange, and AFMA’s access to the recorded data. These operational levers enable AFMA to monitor compliance through the presence or absence of data, the timeliness of data drive returns and the content of concession holders’ responses to information requests (cl 7(3)-(4); cl 8(1)-(2)). The Direction also creates an operational duty to take "all reasonable steps" to keep systems functional; in enforcement contexts, absence of "reasonable steps" as defined by the Direction’s testing, cleaning and reporting requirements could be used as evidence of non‑compliance (cl 6(3); cl 7(1)).

The Direction is explicitly made under s40A(1) of the Fisheries Management Act 1991 (cl 3) and repeatedly cross‑references the Act and the Western Tuna and Billfish Fishery Management Plan 2005 for definitions and standards (cl 4). It therefore sits within the broader statutory framework that governs fishing concessions, statutory fishing rights and AFMA’s regulatory powers. The Direction instructs readers that certain expressions are defined in s4 of the Act and s3 of the WTBF Management Plan 2005, including boat, e‑monitoring, fishing concession, holder and fish (cl 4, note). It also contemplates compliance routes that rely on standards specified in the certificate granting the statutory fishing right, tying technical device standards to the terms of statutory entitlements (cl 6(1)(b)).

Vessel Monitoring System (VMS) rules interact with the Direction. The Direction permits powering off an installed e‑monitoring system only when the nominated boat is in port and the nominated boat has an operational VMS installed (cl 6(4)). That places an operational dependency between continuous e‑monitoring and VMS functionality. The Direction does not itself set VMS requirements but assumes their existence and operational status as a condition for powering off e‑monitoring.

Data custody and investigatory reach interact with AFMA’s administrative powers. Clause 7 requires concession holders to post data drives to AFMA within 24 hours of returning to port (cl 7(4)), and clause 8 empowers AFMA to require detailed statements about loss, theft, handover and interactions with the e‑monitoring system and data drive (cl 8(1)). Those requirements intersect with laws governing evidential handling, privacy, telecommunications and postal services, but the Direction itself does not specify how it interacts with privacy law, telecommunications interception law or records management obligations. The Direction’s data handling duties therefore operate alongside, and may be shaped by, obligations under other statutory regimes that are not specified in the instrument.

The Direction expressly repeals the earlier Fisheries Management (E-monitoring Western Tuna and Billfish Fishery) Direction 2020 (Schedule 1). That means operational and compliance arrangements previously governed by the 2020 Direction are replaced by the 2021 Direction as of its commencement date (Schedule 1; commencement table). For legal practitioners and compliance officers, practitioners must therefore compare the 2020 instrument to the 2021 Direction to identify differences, but the 2021 Direction is the operative instrument (Schedule 1).

The Direction also invokes AFMA’s contracted Contractor as an intermediary for installation, maintenance and data drive instructions (cl 4, definition of "Contractor"; cl 6(1)(a); cl 7(2)-(3)). Interaction questions arise where a Contractor supplies, maintains or retains equipment, particularly around responsibility for supply, repair times and costs, but the Direction does not specify contractual terms or how disputes between concession holders and Contractors are to be resolved. Those contractual and tort law interactions therefore remain relevant but externally specified.

Finally, the Direction frames several obligations in terms of "reasonable steps" and "reasonable time". Those are common legal standards that interact with judicial or administrative review norms, but the Direction does not supply exhaustive definitions. Interpretation of "reasonable" and of "reasonable time" will therefore occur in context, possibly drawing on other statutory texts or case law related to fisheries regulation and administrative law, none of which are supplied in this instrument.

The instrument itself provides a concise internal amendment record. It is dated 16 April 2021 and signed by Wez Norris, Chief Executive Officer, AFMA, as delegate under a delegation from the AFMA Commission (preamble). Its commencement is recorded in the instrument’s commencement table: the whole instrument commenced on 1 May 2021 (Commencement table, cl 2(1)). Clause 5 states that each instrument specified in a Schedule is repealed as set out in that Schedule. Schedule 1 expressly repeals the Fisheries Management (E-monitoring Western Tuna and Billfish Fishery) Direction 2020, the whole instrument (Schedule 1). No other amendments, revisions, or subsequent instruments are recorded in the text provided.

The Direction contains a note under the commencement table indicating that the table relates only to the provisions as originally made and will not be amended to deal with any later amendments; the instrument therefore anticipates being amended separately if needed and that amendment history would appear in the official gazette or consolidated online version rather than in the original instrument (cl 2(1) note; cl 2(2)). The Direction also specifies its own name and commencement mechanisms in a conventional manner (cl 1; cl 2).

No other historical amendments, partial revocations or later commencement variations are included in this instrument. The only explicit history contained in the text is the repeal of the 2020 Direction and the assurance that the instrument was made under the CEO’s delegation (preamble; Schedule 1). Readers needing a complete amendment trail should consult AFMA’s legislative database or the Federal Register of Legislation for any instruments that post‑date this 2021 Direction, or for consolidated versions that incorporate later amendments if they exist. The instrument’s text does not indicate any transitional provisions beyond the compliance timing provision that sets a deadline no later than three months from commencement for compliance (cl 6(2)).

The Direction as presented contains no litigation history. It names no court decisions, administrative determinations, statutory appeals or other litigation outcomes. The instrument itself does not record any legal challenges to its validity, interpretation or operation. It does not cite case law and does not indicate any existing disputes between AFMA and concession holders, the Contractor, or other parties that have resulted in court proceedings.

Because the Direction is made under s40A(1) of the Fisheries Management Act 1991 and implicitly operates within the broader statutory and administrative law landscape, potential enforcement or review pathways,judicial review of administrative decisions, merits review where available, or prosecutions under the Act,would be governed by those external legal regimes. However, the Direction’s text does not document or reference any such proceedings. It also does not discuss dispute resolution processes between concession holders and the Contractor, between concession holders and AFMA, or mechanisms for internal review of AFMA decisions under the Direction.

Practitioners seeking litigation history should therefore consult court and tribunal databases, AFMA’s administrative records, the Federal Register of Legislation and other public sources beyond this Direction. The instrument itself provides no grounds to report prior litigation or adjudication concerning the obligations it imposes.

The Direction contains several technical and procedural details that create operational friction points or potential ambiguities which concession holders and advisers should note.

Nominated boat and definitions not contained here. The Direction frequently references a "nominated boat" and other terms that the Direction does not itself define, instead pointing to s4 of the Fisheries Management Act and s3 of the WTBF Management Plan 2005 for definitions (cl 4, note; cl 6). Practitioners must identify where the nominated boat concept is defined in the Act/Management Plan because responsibilities attach to that nominated vessel.

Two alternative compliance routes. Clause 6(1) allows either AFMA/Contractor supply and installation or equipment that complies with the standards in the statutory fishing right certificate (cl 6(1)(a)-(b)). That creates different operational regimes across vessels. The instrument does not state who pays for AFMA/Contractor supply, installation, repairs or for postage of data drives. Operators should not assume AFMA will bear costs in all instances.

Tight timelines for data drive return. Clause 7(4)(b) requires posting the data drive "within 24 hours of returning to Port" and clause 7(3) triggers exchange when capacity is reached, replacement issued, or instructed by AFMA or the Contractor (cl 7(3)-(4)). That 24‑hour posting requirement may be logistically challenging for vessels arriving at remote ports, facing transport disruptions, or with limited shore staff. The Direction does not define "returning to Port" or provide exception mechanisms for postal disruption.

"All reasonable steps" and testing schedule. Obligations to "take all reasonable steps" and to undertake function tests at specified times (immediately after data drive exchange, prior to a new trip, on suspicion of faults, and after inactivity >14 days) are specific but leave scope for interpretation of what is reasonable in different vessel contexts (cl 6(3); cl 7(1)(a)). Those vagaries can produce compliance uncertainty, particularly for small crewed vessels.

Power off exception narrow. The only allowed time to power off the e‑monitoring system is when the nominated boat is in port and has an operational VMS installed (cl 6(4)). No other operational exception is provided. That means vessels cannot power down the system even during maintenance at sea unless they meet the port/VMS condition.

Data chain and evidentiary exposure. Clause 8 allows AFMA to require detailed statements about where and when data drives were handed over or posted and to identify personnel who interacted with the system (cl 8(1)(b)-(c)). That draws crew and contractors into investigatory processes and creates potential confidentiality or privacy issues. The Direction does not set out a records retention or privacy regime for e‑monitoring data.

Unspecified sanctioning regime. The Direction makes compliance mandatory and creates specific duties but does not itself list penalties, fines or enforcement procedures beyond the information request duty (cl 8). Enforcement pathways and penalties are therefore located outside this document, likely in the Act, but not articulated here. That may complicate risk assessment for concession holders.

Repair availability obligations can constrain schedules. If the system stops operating the concession holder 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 7(2)(a)-(b)). The instrument does not define "earliest time agreed" or set maximum repair response times. That can create scheduling and commercial impacts if repairs require return to port or change trip plans.

Data drive technical scope limited. The definition of data drive expressly excludes removable Random Access Memory (cl 4, definition of "data drive"). That technical delimiter may affect what storage media are acceptable and how data integrity and forensic analysis are handled.

Repeal of prior instrument. Schedule 1 repeals the 2020 Direction in full (Schedule 1). Operators relying on transitional provisions in the earlier instrument should verify that provisions they relied on remain available under the 2021 Direction.

No dispute resolution or commercial terms with Contractor. While the Contractor is defined and plays a significant operational role (cl 4; cl 6(1)(a); cl 7(2)), the Direction does not set commercial terms or dispute resolution pathways for conflicts between concession holders and the Contractor. Those matters will be contractual and separate from the Direction.

Compliance requires operational changes and administrative processes that map to the Direction’s specific obligations. Below is a practical checklist, referencing the relevant clauses.

1. Confirm applicability and nominated boat. Determine whether you are a concession holder or acting on behalf of one, and whether you engage in longline fishing in the WTBF (cl 6(1)). Identify the "nominated boat" as defined in the Fisheries Management Act 1991 or the WTBF Management Plan 2005 (cl 4 note). If a vessel is to be nominated, ensure documentation records which vessel is nominated.

2. Installation route decision. Decide whether to use the AFMA/Contractor supply and installation route or to rely on e‑monitoring equipment that complies with the standards specified in the statutory fishing right certificate (cl 6(1)(a)-(b)). If choosing the certificate standards route, obtain and document the relevant certificate standards to demonstrate compliance.

3. Meet the compliance deadline. Ensure installation and operation is achieved no later than three months from the Direction’s commencement (that period commenced 1 May 2021) or on the day the system is first installed within that period (cl 6(2)). For future readers, verify current commencement/amendment dates in consolidated instruments if relying on this schedule.

4. Maintain continuous operation and VMS. Take all reasonable steps to keep the e‑monitoring system operational and capable of recording all longline fishing events (cl 6(3)). Remember the permitted power‑off condition: only in port and only if the nominated boat has an operational VMS installed (cl 6(4)). Ensure the VMS is functional when powering down the e‑monitoring system.

5. Implement testing and maintenance protocol. Institute the function tests required by cl 7(1)(a): immediately after any data drive exchange, prior to starting any new trip, whenever there is reasonable suspicion of fault, and after any inactivity period exceeding 14 days. Maintain logs of tests, dates and outcomes to demonstrate "all reasonable steps". Schedule lens cleaning and camera view checks as routine skipper and crew tasks and log when performed (cl 7(1)(c)-(d)).

6. Reporting and repair processes. Prepare an actionable plan for when the system stops operating: contact AFMA or the Contractor as soon as practicable; document the initial contact and any instructions; take all reasonable steps to make the boat available at the earliest time agreed for repairs (cl 7(2)(a)-(b)). Maintain a record of repair scheduling and any constraints.

7. Data drive handling. Ensure familiarity with the data drive definition and handling requirements (cl 4 definition; cl 7(3)-(5)). When a data drive’s capacity is reached, when it fails a system test and replacement is issued, or on instruction, remove the drive, package it in a preaddressed, prepaid envelope and post it within 24 hours of returning to port (cl 7(3)-(4)). Log exact times of removal, packaging and posting and retain proof of postage.

8. Installation of replacement drives. Install new or replacement data drives in accordance with instructions from AFMA, the Contractor, or the manufacturer of the e‑monitoring system (cl 7(5)). Keep installation manuals and follow manufacturer procedures. Record serial numbers of old and new drives to maintain chain of custody.

9. Prepare for AFMA statements. Anticipate AFMA requests for statements under cl 8(1). Keep contemporaneous records of any loss, theft or damage to the e‑monitoring system or data drive, times and locations of handovers to postal workers or couriers, names and addresses of personnel who handled the system, and reasons why the system was not operational at particular times (cl 8(1)(a)-(d)). Respond to AFMA requests within a reasonable time and avoid unexplained failure to comply, as cl 8(2) converts such failure into an obligation.

10. Crew training and responsibilities. Train masters and crew on camera maintenance, correct positioning to avoid obstructing cameras, lighting to ensure clear fields of view, function testing procedures and the data drive exchange protocol (cl 7(1)(c)-(d); cl 7(1)(a); cl 7(4)). Designate a responsible person for data drive handling and AFMA/Contractor liaison.

11. Chain of custody and evidence management. Maintain a chain of custody log for data drives that records removal, replacement, posting and receipt by AFMA. Keep proofs of postage for at least the period AFMA may reasonably require, and prepare to produce these if AFMA requests statements under cl 8(1)(b). Where possible use traceable courier services consistent with the preaddressed, prepaid envelope requirement (cl 7(4)(a)-(b)).

12. Contracts with Contractor and indemnities. If AFMA or the Contractor supplies and installs equipment, obtain written confirmation of responsibilities, including repair response times, fault diagnostics, indemnities and cost allocations. Where possible record the Contractor’s obligations to AFMA and the practical impact on vessel schedules (cl 6(1)(a); cl 7(2)). If relying on the certificate standards route, obtain documentary proof that equipment meets the certificate standards required by cl 6(1)(b).

13. Audit and recordkeeping. Implement internal audit of compliance with testing, cleaning and data drive procedures. Keep records of tests, cleaning activities, maintenance requests and repairs, dates of posting data drives and correspondence with AFMA/Contractor. These records will be crucial should AFMA request statements under cl 8 or in any enforcement review.

14. Review insurance and privacy exposures. Review insurance coverage for loss, theft or damage to e‑monitoring equipment and drives. Consider data protection exposures and consult relevant privacy or data counsel as needed because AFMA may require disclosure of where and how data drives were handled and by whom (cl 8(1)). The Direction does not specify a privacy regime.

15. Seek clarification where necessary. If operational constraints make compliance with a clause difficult (for example, remote port logistics affecting the 24‑hour posting requirement), contact AFMA promptly to seek operational guidance or an agreed procedure consistent with the requirement to take all reasonable steps and to make the boat available for repairs as soon as practicable (cl 7(2)).

Following the steps above and documenting actions and decisions against the Direction’s specific clauses will help demonstrate compliance and create an evidentiary trail should AFMA inquire under clause 8 or seek to enforce the Direction’s requirements.