{"id":"F2026L00323","name":"Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2026","slug":"f2026l00323","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443221,"registerId":"F2026L00323-fast-fetch-1775958115962","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n\n \n\nSouthern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2026\n\nThe Australian Fisheries Management Authority makes the following determination. \n\nDated 11 March 2026 \n\n| Helen Kroger | Ian Dutton | Brett McCallum |\n| --- | --- | --- |\n| Chair | Commissioner | Commissioner |\n| Wez Norris | Sevaly Sen | Scott Spencer |\n| Commissioner | Commissioner | Commissioner
|\n| Sally Troy | | |\n| Commissioner | | |\n\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Cessation\n\n4 Authority\n\n5 Definitions\n\n6 Determination of total allowable catch\n\n \n\n \n\n1 Name\n\n This instrument is the Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2026.\n\n2 Commencement\n\n This instrument commences on the day after registration on the Federal Register of Legislation\n\n3 Cessation\n\n This instrument ceases on 1 May 2027.\n\n4 Authority\n\n This instrument is made under subsections 15(1) and 15(3) of the Management Plan for the purpose of paragraph 17(6)(aa) of the Act.\n\n5 Definitions\n\n(1) In this instrument:\n\nAct means the Fisheries Management Act 1991.\n\nManagement Plan means the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.\n\n(2) Any term used in this instrument that is defined for the purposes of the Management Plan has the same meaning in this instrument as it has in the Management Plan. \n\nNote: Terms defined in the Act have the same meanings in this Instrument.\n\n6 Determination of total allowable catch\n\n(1) This section applies to the total allowable catch for non-quota species in the East Coast Deepwater Trawl Sector of the fishery for the 2026-27 fishing year commencing on 1 May 2026 and ending on 30 April 2027.\n\n(2) For a species of fish specified in an item in column 1 of the table, the total allowable catch, in tonnes, for that species is determined in column 2 on the basis of the preparation of the fish in accordance with column 3.\n\n \n\n| Item | Column 1
Species of fish | Column 2
Total allowable catch | Column 3
Preparation |\n| --- | --- | --- | --- |\n| 1 | Boarfish | 200 tonnes | Whole weight |\n| 2 | Orange roughy | 50 tonnes | Whole weight |\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Using only this instrument, there is no indication it widens or narrows the Management Plan's base authority. The instrument simply prescribes TACs for two non‑quota species for a defined sector and year (secs 6(1)–(2); secs 2–3) and cites the Management Plan/Act as its authority (sec 4). The text contains no amendment language or comparative statement to show a change from prior determinations; therefore no scope change is demonstrated in this instrument alone."},"complexity_factors":["Narrow, numeric outcome: instrument only fixes two tonne limits and a preparation basis (sec 6(2) table) which keeps legal substance simple.","Sector and temporal specificity: applies only to East Coast Deepwater Trawl Sector for the 2026–27 fishing year (sec 6(1); secs 2–3), reducing scope but requiring calendar management.","Delegated-authority cross‑references: made under subsections 15(1) and 15(3) of the Management Plan for the purpose of paragraph 17(6)(aa) of the Act, so legal effect depends on those external provisions (sec 4).","Dependence on external definitions and rules: terms and enforcement mechanisms rely on the Management Plan and the Act (sec 5(2) and Note), so practical implementation requires cross‑referencing.","Limited procedural detail: monitoring, reporting, quota accounting and enforcement are not specified here (compare absence of procedures in sec 6), implying compliance burden and enforcement mechanisms sit elsewhere (Management Plan/Act).","Who pays / incentives: fishers in the specified sector bear compliance costs and potential revenue limits because harvest is capped by the TACs (sec 6(1)–(2)); fixed TACs can incentivise effort reallocation to other species or sectors (sec 6(2)).","Administrative discretion confined but present: authority to make the determination rests with AFMA commissioners under cited Management Plan powers (sec 4), so discretion derives from delegated statutory provisions."],"plain_english_summary":"This determination sets firm catch limits for two non‑quota species in the East Coast Deepwater Trawl Sector for the 2026–27 fishing year (boarfish 200 t; orange roughy 50 t) and specifies preparation as whole weight. It is made under the Southern and Eastern Scalefish and Shark Fishery Management Plan and the Fisheries Management Act, and directly affects fishers in that sector by capping how much of those species may be legally taken during the stated year."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: setting total allowable catch limits for non-quota species in a specific fishery sector for a single fishing year. There is no evidence of scope creep — it does exactly what its title suggests and no more."},"complexity_factors":["Very short instrument: only 6 sections and 1 table","Minimal defined terms: only 2 explicit definitions in section 5, with incorporated definitions by reference to the Management Plan and Act","No nested exceptions or conditional logic — the operative provision (section 6) is a straightforward table-based determination","Single cross-reference: incorporates definitions from the Fisheries Management Act 1991 and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003","Temporal limitation: clear commencement and cessation dates with no complex triggering conditions"],"plain_english_summary":"This instrument sets total allowable catches for two non‑quota deepwater species in the Southern and Eastern Scalefish and Shark Fishery’s East Coast Deepwater Trawl Sector for the 2026–27 fishing year (1 May 2026–30 April 2027): boarfish 200 t and orange roughy 50 t, measured as whole weight. It binds commercial fishers in that sector and is enforced by AFMA to cap removals, reduce overfishing risk for vulnerable deepwater stocks, and it expires on 1 May 2027."},"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/f2026l00323","history":"/api/acts/f2026l00323/history","analysis":"/api/acts/f2026l00323/analysis","conflicts":"/api/acts/f2026l00323/conflicts","importantCases":"/api/acts/f2026l00323/important-cases","documents":"/api/acts/f2026l00323/documents"}}