Document ID: chunk:federal_register_of_legislation:F2021L00457:front:0:p2
Version: federal_register_of_legislation:F2021L00457
Segment Type: other
Provision Reference: 
Character Range: 2978–5875

record (including visually) and store all fishing events.
Fishing event means the setting of a net, hauling of a net, pumping of catch and handling of bycatch.

5.      Requirement to install and operate an e-monitoring system
       (1)    A concession holder (or person acting on behalf of the concession holder) fishing in the midwater trawl sector of the Small Pelagic Fishery (SPF) must have an e-monitoring system installed and operating on a nominated boat that:
          (a) is supplied to the person and installed by AFMA or the Contractor; or
          (b)    complies with the standards and requirements specified in the certificate granting the statutory fishing right.
       (2)    For the purpose of s40A(3) of the Act, the obligation prescribed in this clause must be complied with no later than 3 months from the date of this direction commencing or on the day the e-monitoring system is first installed within this period.

       (3)     Subject to clause 5(4), a concession holder (or person acting on behalf of a 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.
       Note: Clause 6(2) imposes certain obligations on a person subject to the requirement to arrange repair of an e-monitoring system if the e-monitoring system ceases to function correctly.
       (4)    An installed e-monitoring system may be powered off if:
          (a) the nominated boat is in port; and
           (b) the nominated boat has an operational Vessel Monitoring System installed.

  6.      Requirement to monitor function of an e-monitoring system, arrange repair and provide e-monitoring data
 (1) A concession holder (or person acting on behalf of a concession holder) must take all reasonable steps to maintain their e-monitoring system in good working order by:
 (a) undertaking system function tests:
 (i) immediately after a data drive exchange;
 (ii) prior to starting a new trip;
 (iii) when there is a reasonable suspicion of issues or fault with the system; and
 (iv) after any periods of inactivity greater than 14 days.
 (b) reporting suspected issues with the e-monitoring system to AFMA, or the Contractor, as soon as practicable;
 (c) cleaning camera lenses to ensure that a clear field of view is maintained at all times; and
 (d) ensuring camera views of fishing events remain unobstructed and well-lit.
 (2) If the e-monitoring system stops operating, the concession holder (or person acting on behalf of a concession holder) must:
 (a) contact AFMA or the Contractor as soon as practicable after the concession holder (or person acting on behalf of the concession holder) becomes aware that the e-monitoring system has stopped operating to organise repairs of the e-monitoring system; and
 (b) take all reasonable steps to make the boat available at the