The Domestic Compliance Program

The role of the Australian Fisheries Management Authority (AFMA) is to manage Australia’s Commonwealth fisheries on behalf of the Australian community. AFMA manages Commonwealth fisheries in accordance with the Fisheries Management Act 1991 and related legislation and instruments.  Two of the primary focuses of this Act are to ensure ecologically sustainable and economically efficient Commonwealth fisheries.  To that end this Act provides a range of compliance and enforcement measures to be used by AFMA in response to breaches of fisheries management rules. Compliance and enforcement is only one element of regulatory activity that is carried out by AFMA in administering this Act. 

AFMA’s Domestic compliance and enforcement policy forms the basis on which AFMA delivers its compliance regimes to prevent, detect and respond to illegal fishing activities. Through the policy AFMA has adopted a risk-based compliance approach that enables the targeting of compliance and enforcement activities in the areas most needed, thereby using AFMA’s resources most effectively. It involves a series of steps to identify and assess non-compliance risks and then applies tailored compliance measures to control these risks.

AFMA also retains a general presence and deterrence role. By maintaining a general presence at all ports and at sea AFMA discourages those members of the fishing community who do not wish to comply from attempting to flout the rules and regulations.

AFMA prepares and documents an annual compliance and enforcement program outlining the identified priority risks areas, the methods proposed to address and monitor those risks and a program of general deterrence. These annual programs are based on annual compliance risk assessments conducted in the major Commonwealth fisheries. The results of these assessments enable domestic compliance to prioritise targets for risk treatment activities, with dedicated Compliance Risk Management Teams (CRMTs) established to treat each prioritised risk. Since the implementation of the policy, and the adoption of the risk based approach, AFMA has achieved a number of successes.

Case Study (1):  Fisheries Closures Compliance Risk Management Team (CRMT)

In 2010 the ‘Closures CRMT’ proposed the use of a ‘show cause’ model for addressing the prioritised risk of boats fishing or navigating within closed areas.  The model was subsequently endorsed and implemented by the CRMT.

In this model, operators assessed as having fished or navigated within closures were supplied with a month long snapshot of their activity (as depicted on AFMA’s Vessel Monitoring System), highlighting the entry into, activity within and exit from the closure(s).  The operator was also asked to provide an explanation of the activity and told that if they were unable to provide satisfactory explanations for their actions that they may face compliance action. 

This model was designed to make operators aware:

  • that AFMA analyses the VMS on a regular basis
  • that the onus is on the operator to explain suspect activity
  • that AFMA reserves the right to take enforcement action
  • that non compliance to closures is likely to be detected.

Since its commencement, in June 2010, the program has resulted in a reduction in the number of suspected closure breaches of 87% over the first three months and an overall reduction of over 94% to date.

 

 

 

 

 

Case Study (2): Logbooks Compliance Risk Management Team (CRMT)

In the first measurement conducted for logbook timeliness (2009), the rate of late logbook returns stood at 5.5% of all logbook returns. In response to this AFMA implemented a targeted education and enforcement program aimed at reducing this rate. Over 100 operators received formal warnings and cautions as part of this program.

In the 2010/11 Domestic Compliance and Enforcement Program, AFMA undertook to decrease the rate of late logbook returns to less than 3% of all logbook returns. In the latest measurement for logbook timeliness, the rate of late logbook returns stood at 1.4%, exceeding the target of 3%.