AFMA crackdown on VMS non-compliance from 1 November 2011

27 September 2011

VMS

Since 2007 it has been compulsory for all Commonwealth-endorsed fishing boats to have a properly maintained vessel monitoring system (VMS) unit operating at all times. Data obtained from VMS units is used for both compliance and resource management purposes and is one of the principal means of monitoring fishing activity across the Commonwealth fleet.

In accordance with the Domestic Compliance Enforcement Policy and Annual Compliance Program for 2011–12, AFMA is actively monitoring VMS units to ensure compliance with the reporting requirements. Despite having introduced a number of initiatives to increase VMS compliance over recent times, analysis of the data indicates that compliance levels are below what AFMA would reasonably expect.

From 1 November 2011, AFMA will be cracking down on boat operators who fail to comply with VMS reporting requirements. Any boat operator whose VMS stops reporting could be ordered to return to port.

During the crackdown, AFMA will continue the standard practice of notifying operators when a unit stops reporting. If the fault is a technical problem, AFMA will work with the operator to try and immediately restart the unit. However, if the unit is not functioning and cannot be restarted, AFMA will order the boat to return to port immediately and/or to remain in port until the unit is fixed. Any such order will only be lifted when a technician has certified to AFMA that the VMS unit is operating and AFMA has confirmed that this is the case.

Operators who have a temporary switch off approval but who fail to notify AFMA before they switch off their VMS will be issued with a Commonwealth Fisheries Infringement Notice of $220.

Operators who fail to comply with a return-to-port order or leave before an order has been lifted may also be prosecuted.

Frequently asked questions (FAQs)

Is the compliance rate really a concern?

Yes. The current rate of compliance is below the levels AFMA needs to satisfactorily meet all its compliance and resource management targets.

What action will be taken if my VMS is not operating?

The following action will be taken in respect of VMS non-compliance.

When a VMS unit stops reporting, the boat will be ordered to return immediately to port and/or to remain at port until:

  • a technician has certified to AFMA that the VMS unit is operating
  • AFMA has confirmed that the unit is operating
  • AFMA has formally lifted the order to return to or remain at port.

Operators who have a temporary switch off (TSO) approval who switch off their VMS without notifying AFMA will be issued with a $220 Commonwealth Fisheries Infringement Notice.

Note Any operator who fails to comply with an order to return to port or who leaves port before AFMA has lifted a return-to-port order may be prosecuted.

I can’t tell when my VMS is and isn’t working. How will I know if there’s a problem?

It is standard practise for AFMA to notify operators when a unit stops reporting. Where the fault is a technical problem, AFMA will work with the operator to try to immediately restart the unit.

I am only fishing in state waters, so why does it matter that my VMS isn’t operating?

All boats nominated to Commonwealth concessions are required to have a VMS unit operating at all times regardless of the jurisdiction they are fishing in.

I have an e-monitoring system fitted to my boat, so will I be ordered back to port if my VMS fails?

No. Provided the e-monitoring unit is operating correctly and remains operating you will be able to continue on the current trip. However, you will not be allowed to leave port on future trips until the VMS is operating correctly again.

I have a TSO approval. Will AFMA take action if I turn my VMS off?

No, provided you meet all the notification requirements under the terms of the TSO.

My boat is on the slip and I’ve just turned the unit off and forgotten to tell AFMA. Why do I need a technician’s report?

Technically, by failing to notify AFMA you have committed an offence. By requiring a technician to have a look at the unit AFMA can be assured that there are no faults in the unit.

I have a TSO and just forgot to notify AFMA I was turning my VMS off. Why do I need a technician’s report?

Technically, by failing to notify AFMA you have committed an offence. By requiring a technician to have a look at the unit AFMA can be assured that there are no faults in the unit.

My VMS unit has never failed before. Why am I being punished for the bad behaviour of others?

Because this is a zero tolerance campaign, all instances of non compliance will be treated consistently regardless of history.

What if the problem is AFMA’s fault?

Whilst it is extremely unusual, the problem can occasionally be with AFMA’s system and in that case would normally affect the whole fleet. If the problem is with AFMA’s system no action will be taken against the operator.

My unit seems to be faulty Can I get some special consideration?

No. While AFMA will help where possible to rectify the issue, it is ultimately the concession holder’s responsibility to fit and maintain their VMS unit.

In the past I was allowed to manually report my position whilst I was at sea. Can’t I do that now?

No. As part of the VMS crackdown operators will not be allowed to manually report under any circumstances for the period of the crackdown.