{"id":"F2024L01496","name":"Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No.2) 2024","slug":"eastern-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-no-2-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105472,"registerId":"commonwealth-F2024L01496-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No.2) 2024.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 and under sections 3.2, 4.5 and 4.6 of the Management Plan.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note : A number of the expressions used in this instrument are defined in section 1.3 of the Management Plan, including the following:\n\n> Note: fishing season;\n\n> Note: Eastern Tuna and Billfish Fishery;\n\n> Note: total allowable commercial catch; and\n\n> Note: quota species.\n\n  In this instrument:\n  Act means the Fisheries Management Act 1991.\n  Management Plan means the Eastern Tuna and Billfish Fishery Management Plan 2010.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Cessation","content":"#### 5 Cessation\n\n  This instrument ceases on 31 December 2027 unless revoked earlier.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Determination of overcatch and undercatch","content":"#### 6 Determination of overcatch and undercatch\n\n  The determined percentage and determined weight, for section 4.5 of the Management Plan (Obligations relating to overcatch), and the determined percentage for section 4.6 of the Management Plan (Obligations relating to undercatch) for each quota species in the Eastern Tuna and Billfish Fishery:\n\n  for the fishing season commencing on 1 January 2025 and ending on 31 December 2025.\n\n> Note: The total allowable commercial catch (TACC) for each quota species for the fishing season commencing on 1 January 2025 and ending on 31 December 2025 is determined by the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024.\n\n| Quota Species       | Determined Percentage (Overcatch – s4.5) | Determined Percentage (Undercatch – s4.6) | Determined weight (s4.5) |\n| ------------------- | ---------------------------------------- | ----------------------------------------- | ------------------------ |\n| Albacore Tuna       | 10%                                      | 10%                                       | 2,000 Kg                 |\n| Bigeye Tuna         | 10%                                      | 10%                                       | 2,000 Kg                 |\n| Yellowfin Tuna      | 10%                                      | 10%                                       | 2,000 Kg                 |\n| Striped Marlin      | 10%                                      | 10%                                       | 2,000 Kg                 |\n| Broadbill Swordfish | 10%                                      | 10%                                       | 2,000 Kg                 |\n\n  for the fishing season commencing on 1 January 2026 and ending on 31 December 2026.\n\n> Note: The total allowable commercial catch (TACC) for each quota species for the fishing season commencing on 1 January 2026 and ending on 31 December 2026 is determined by the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024.\n\n| Quota Species       | Determined Percentage (Overcatch – s4.5) | Determined Percentage (Undercatch – s4.6) | Determined weight (s4.5) |\n| ------------------- | ---------------------------------------- | ----------------------------------------- | ------------------------ |\n| Albacore Tuna       | 10%                                      | 10%                                       | 2,000 Kg                 |\n| Bigeye Tuna         | 10%                                      | 10%                                       | 2,000 Kg                 |\n| Yellowfin Tuna      | 10%                                      | 10%                                       | 2,000 Kg                 |\n| Broadbill Swordfish | 10%                                      | 10%                                       | 2,000 Kg                 |\n| Striped Marlin      | 10%                                      | 10%                                       | 2,000 Kg                 |\n\n  for the fishing season commencing on 1 January 2027 and ending on 31 December 2027.\n\n> Note: The total allowable commercial catch (TACC) for each quota species for the fishing season commencing on 1 January 2027 and ending on 31 December 2027 is determined by the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024.\n\n| Quota Species  | Determined Percentage (Overcatch – s4.5) | Determined Percentage (Undercatch – s4.6) | Determined weight (s4.5) |\n| -------------- | ---------------------------------------- | ----------------------------------------- | ------------------------ |\n| Albacore Tuna  | 10%                                      | 10%                                       | 2,000 Kg                 |\n| Bigeye Tuna    | 10%                                      | 10%                                       | 2,000 Kg                 |\n| Yellowfin Tuna | 10%                                      | 10%                                       | 2,000 Kg                 |","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not change the Management Plan’s defined scope or quota species list; it specifies numeric thresholds (overcatch/undercatch percentages and an overcatch weight) for 2025–2027 and sets a cessation date. No expansion or narrowing of covered species or powers is evident from the text."},"complexity_factors":["Uniform numeric parameters (10% and 2,000 kg) across species and years reduce conceptual complexity.","Multiple cross-references to the Eastern Tuna and Billfish Fishery Management Plan (s1.3, s4.5, s4.6) require users to consult that instrument for operative detail.","Temporal limitation: instrument applies only to fishing seasons 2025–2027 and ceases 31 December 2027.","Legal authority reliance on Fisheries Management Act 1991 (para 17(6)(aa)) introduces statutory compliance pathway.","Repetition across tables/years increases drafting volume but not substantive variation.","Operational complexity lies in implementation: monitoring catches, reporting, and quota adjustments under the Management Plan’s rules (s4.5/s4.6)."],"plain_english_summary":"This instrument sets the allowable overcatch and undercatch for quota species in the Eastern Tuna and Billfish Fishery for the 2025–2027 fishing seasons: a 10% overcatch and 10% undercatch percentage, plus a capped overcatch weight of 2,000 kg per species. It applies to quota holders and fishers by operationalising the Management Plan’s overcatch (s4.5) and undercatch (s4.6) rules, creating concrete thresholds that determine quota accounting, reporting and compliance obligations until 31 December 2027."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function suggested by its title and authority provisions—setting overcatch and undercatch percentages and weights. There is no evidence of scope creep; it is a routine administrative determination made annually or periodically to operationalize the existing Management Plan."},"complexity_factors":["Very short instrument (6 sections, approximately 1 page)","Only 2 defined terms ('Act' and 'Management Plan')","Simple tabular structure with identical values repeated across years","No conditional logic, exceptions, or cross-references beyond basic authority citations","Straightforward percentage and weight calculations","Note: Complexity would increase significantly if reader needed to consult the referenced Management Plan and Fisheries Management Act to understand full context"],"plain_english_summary":"This is a technical rule that sets the limits on how much tuna and billfish commercial fishers can accidentally catch above or below their official quota (called 'overcatch' and 'undercatch') in the Eastern Tuna and Billfish Fishery.\n\n**What it does:**\n- Sets two key limits for commercial fishers:\n  - **Overcatch**: How much extra fish they can catch beyond their quota without penalty\n  - **Undercatch**: How much short of their quota they can be without losing fishing rights\n\n**The specific limits (2025-2027):**\n- **Percentage rule**: Fishers can go 10% over or under their allocated quota\n- **Weight cap**: Even with the 10% rule, overcatch cannot exceed 2,000 kg per species (this cap doesn't apply to undercatch)\n\n**Who it affects:**\n- Commercial fishers holding quota rights in the Eastern Tuna and Billfish Fishery\n- The five regulated species: Albacore Tuna, Bigeye Tuna, Yellowfin Tuna, Striped Marlin, and Broadbill Swordfish\n\n**Why it matters:**\n- Provides flexibility for fishers who accidentally catch slightly more or less than their exact quota\n- Prevents harsh penalties for minor variations while still protecting fish stocks\n- Note: Striped Marlin and Broadbill Swordfish quotas end after 2026, leaving only three species regulated in 2027\n\n**Duration:** This rule automatically expires on 31 December 2027."},"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument sets the overcatch and undercatch tolerances (percentage and weight) for five quota species in the Eastern Tuna and Billfish Fishery for the 2025, 2026 and 2027 fishing seasons."},"complexity_factors":["Uses technical fishery management terms (overcatch, undercatch, TACC)","Uniform tolerance applied across five quota species","Sets consistent rules for three future fishing seasons"],"plain_english_summary":"This instrument sets a uniform 10% overcatch and 10% undercatch tolerance (with a 2,000 kg overcatch weight threshold) for quota holders in the Eastern Tuna and Billfish Fishery for 2025–2027, covering albacore, bigeye, yellowfin, striped marlin and broadbill swordfish. It tells commercial fishers and managers when overcatch/undercatch obligations in the management plan are triggered."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/eastern-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-no-2-2024","history":"/api/acts/eastern-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-no-2-2024/history","analysis":"/api/acts/eastern-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-no-2-2024/analysis","conflicts":"/api/acts/eastern-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-no-2-2024/conflicts","importantCases":"/api/acts/eastern-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-no-2-2024/important-cases","documents":"/api/acts/eastern-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-no-2-2024/documents"}}