Document ID: chunk:federal_register_of_legislation:F2021L00462:front:0:p2
Version: federal_register_of_legislation:F2021L00462
Segment Type: other
Provision Reference: 
Character Range: 2926–5795

transmit details of the e-monitoring system's status; and
           (c)    record (including visually) and store all fishing events.
Fishing day is defined as any calendar day in which fishing gear is deployed or retrieved.

5.      Schedules
  Each instrument that is specified in a Schedule to this instrument is repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6.      Requirement to install and operate an e-monitoring system on boats

       (1)     A concession holder (or person acting on behalf of the concession holder) fishing in the Gillnet Hook and Trap Fishery (GHAT) of the Southern and Eastern Scalefish and Shark Fishery 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 Clauses 6(4), 6(5) and 6(6), a concession holder (or person acting on behalf of a 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.
       For the purpose of subsection 40A(3) of the Act, the obligation prescribed in this Clause commences on the day the e-monitoring system is first installed.

Note: Clause 7(2) imposes certain obligations on a person subject to the requirement to install 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.

       (5)     A concession holder (or person acting on behalf of a concession holder) is exempt from installing and operating an e-monitoring system on the nominated boat if the boat:
         (a)    has been used for gillnet fishing in the GHAT for less than fifty (50) fishing days in the current fishing season and less than fifty (50) fishing days in the previous fishing season; or
         (b)   has been used for automatically baited longline fishing in the GHAT for less than fifty (50) fishing days in the current fishing season and less than fifty (50) fishing days in the previous fishing season; or
         (c)    has been used for manually baited longline fishing in the GHAT for less than one hundred (100) fishing days in the current