Fishing or transiting the Australian Sea Lion Management Zone- Exemptions to the requirement for an observer or electronic monitoring

Background: A range of measures were announced on 27 April 2011^ aimed at providing greater protection to Australian Sea Lions from interactions with gillnet fishing and obtaining additional information about fisheries interactions with wildlife species. These measures were introduced through a Temporary Order made under the Fisheries Management Act 1991.

The Temporary Order requires any boat in the Australian Sea Lion (ASL) Management Zone*, carrying gillnet fishing equipment, regardless of whether gillnet fishing is planned, to carry an AFMA nominated observer or electronic monitoring equipment approved by AFMA. The Temporary Order however allows AFMA to agree in writing to other arrangements. This might include waiving the requirement where vessels are transiting the area, or fishing using another fishing method (see clause 7(3) of the Temporary Order).

Applications for an exemption to this requirement: Fishers who wish to be exempted from this requirement should contact AFMA by telephone (02 6225 5506 or 0427 016 859) or by email to observers@afma.gov.au in the first instance.

Applications must be made in writing (including by email) at least 72 hours in advance of intended departure time+. Applications must include sufficient information to allow AFMA to assess individual circumstances. Information provided in applications could include:

  • The nature of the voyage or voyages proposed (eg fishing using another  fishing methods, transiting out of the zone to gillnet fish, transiting for another purpose etc)
  • Vessel speed information (eg that the boat would be transiting at a speed above fishing speed)
  • The location of port of departure and arrival (to facilitate compliance checking)
  • The availability of observers or electronic equipment
  • Practicality or willingness of allowing attachment of AFMA tags or other devices which would either prevent the use of the net roller, or indicate whether the net has been deployed.

AFMA will consider applications within 72 hours of receipt and advise applicants. Where an exemption is granted, this may be subject to conditions. If a condition is not complied with, the exemption would not apply and the fisher may be subject to compliance action for a breach of the Temporary Order.

AFMA will consider applications for exemptions for multiple transiting trips and may grant exemptions (with conditions attached) for multiple transiting trips in appropriate circumstances.

No fee is payable for this application, however any costs associated with meeting any exemption conditions (attachment of tags to nets and compliance checking etc) may be directly recovered from applicants on a fee for service arrangement.

Applications to fish in the ASL Management Zone using gillnets without an observer or electronic monitoring are unlikely to be granted.

^ Protecting marine wildlife in the Southern and Eastern Scalefish Fishery- 27 April 2011

* The Australian Sea Lion Management Zone is defined in the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Management Plan 2003) Temporary Order 2011.

+ 72 hours is required to allow AFMA to properly evaluate applications, particularly where applications are made prior to a weekend. AFMA will however process applications as quickly as possible. Please note any timing requirements in your application.