{"id":"F2026L00359","name":"Fisheries Management Act 1991 (Southern Bluefin Tuna Algal Bloom) Temporary Order No.1 2026","slug":"fisheries-management-act-1991-southern-bluefin-tuna-algal-bloom-temporary-order-no-1-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443226,"registerId":"F2026L00359-fast-fetch-1775958118071","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management Act 1991 (Southern Bluefin Tuna Algal Bloom) Temporary Order No.1 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nFisheries Management Act 1991 (Southern Bluefin Tuna Algal Bloom) Temporary Order No.1 2026\n\nI, Wez Norris, Chief Executive Officer, Australian Fisheries Management Authority make the following Temporary Order.\n\nDated  24 March 2026  \n\nWez Norris\n\nChief Executive Officer, Australian Fisheries Management Authority\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 Temporary order\n\n \n\n1  Name\n\n  This instrument is the Fisheries Management Act 1991 (Southern Bluefin Tuna Algal Bloom) Temporary Order No.1 2026.\n\n2  Commencement\n\n (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1-6 Commence on date of registration\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Cessation\n\n  This instrument ceases to have effect on 30 April 2026.\n\n4  Authority\n\n  This instrument is made under s43 of the Fisheries Management Act 1991(the Act).\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Fisheries Management Act 1991.\n\nholder means holder of a licence, permit or right:\n\n1.       means:\n  1.        the person to whom the licence, permit or right was granted; or\n  2.        if the permit or right has been transferred—the person to whom the    permit or right was last transferred; and\n2.       in the case of a statutory fishing right that is leased to another person by a lease registered under section 46 of the Act—includes the lessee of the statutory fishing right.\n\n\nQuota means for a holder, in a season, the total live weight value of all statutory fishing rights in the Southern Bluefin Tuna Fishery of the holder for the season.\n\nSouthern Bluefin Tuna Fishery means the fishery administered by the Southern Bluefin Tuna Management Plan\n\nSouthern Bluefin Fishery Management Plan means the Southern Bluefin Tuna Fishery Management Plan 1995 made under s17 of the Act, for the purposes of managing Southern Bluefin Tuna.\n\n \n\n6 Temporary order\n\n1.                 Holders, or those acting on behalf of a concession holder, using a tow cage to transport Southern Bluefin Tuna in an area regulated by the Southern Bluefin Tuna Fishery Management Plan that has been affected by harmful algal bloom can operate in accordance with the following:\n\n\n \n\n1.        if the holder was transporting Southern Bluefin Tuna and the holder becomes aware the tow cage was affected by the harmful algal bloom the holder may apply to AFMA to release the Southern Bluefin Tuna in a location outside of the affected area.\n\n\n \n\n1.       if AFMA approves release of the Southern Bluefin Tuna, AFMA  may give the holder conditions to which the approval is subject.\n\n\n \n\n1.                 If:\n  1.        the holder releases a quantity of Southern Bluefin Tuna in accordance with the conditions provided by AFMA under s1(b) above, and\n  2.       the fish are alive and vigorous upon release\n\n\n \n\nthe weight of the fish released does not count against the holder’s quota as estimated under subclause 22A.1(g) Southern Bluefin Tuna Fishery Management Plan.\n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original emergency purpose. It addresses a specific environmental contingency (harmful algal bloom affecting tow cage operations) without expanding into broader fisheries management matters. The temporary nature and sunset clause confirm it was designed as a narrow, time-limited response rather than a creeping expansion of regulatory scope."},"complexity_factors":["Very short instrument — only 6 operative sections plus definitions","Minimal cross-referencing — only references s43 of the parent Act and one subclause of the Management Plan","Simple conditional structure — single trigger (algal bloom) leading to application process and exemption","Only 4 defined terms, all straightforward (Act, holder, Quota, Southern Bluefin Tuna Fishery/Management Plan)","No nested exceptions or complex temporal provisions beyond the fixed cessation date","Single purpose instrument with linear operational logic"],"plain_english_summary":"This temporary emergency order lets commercial Southern Bluefin Tuna fishers using tow cages apply to AFMA to release live tuna outside areas affected by toxic algal blooms. If AFMA approves and sets conditions, healthy released fish won’t count against the fisher’s quota. It prevents forced loss or double-counting of catch and expires 30 April 2026."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This temporary order temporarily changes how released Southern Bluefin Tuna are treated for quota purposes by excluding live, vigorous releases from a holder’s seasonal quota (clause 6(1)(c)). It does not amend the Management Plan’s text permanently but overrides quota accounting for the specified period and circumstances, shifting quota risk from holders to the regulatory exemption and placing decision authority and conditionality with AFMA (clauses 4, 6)."},"complexity_factors":["Temporary, time‑limited instrument that ceases 30 April 2026 — short window for action and administration (clause 3).","Delegation of discretionary decision‑making to AFMA to approve releases and to impose conditions — administrative discretion and case‑by‑case variability (clause 6(1)(b)).","Compliance and evidentiary burden on holders to apply and demonstrate that fish were ‘alive and vigorous’ on release — potential for enforcement disputes and monitoring needs (clause 6(1)(a),(c)).","Interaction with quota accounting rules in the Southern Bluefin Tuna Fishery Management Plan (exemption from counting against quota under subclause 22A.1(g)) — requires coordination between temporary order and existing quota estimation procedures (clause 6(1)(c)).","Definitions affect who is covered (holders, including lessees of statutory fishing rights) and thus legal responsibility for applications and quota consequences (clause 5, definitions of holder and Quota).","Authority basis under s43 of the Fisheries Management Act 1991 introduces statutory limits and potential legal review points for the exercise of the power (clause 4).","Operational complexity around tow‑cage transport, affected areas defined by the Southern Bluefin Tuna Fishery Management Plan, and logistics of moving and releasing fish outside bloom areas (clause 6(1))."],"plain_english_summary":"This temporary order lets holders of Southern Bluefin Tuna licences who discover their tow cages were exposed to a harmful algal bloom apply to AFMA to release the fish outside the affected area. If AFMA approves and the fish are alive and vigorous on release, the released weight is excluded from the holder’s seasonal quota. It affects licence/lease holders and AFMA’s operational decisions during the order’s short term."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-act-1991-southern-bluefin-tuna-algal-bloom-temporary-order-no-1-2026","history":"/api/acts/fisheries-management-act-1991-southern-bluefin-tuna-algal-bloom-temporary-order-no-1-2026/history","analysis":"/api/acts/fisheries-management-act-1991-southern-bluefin-tuna-algal-bloom-temporary-order-no-1-2026/analysis","conflicts":"/api/acts/fisheries-management-act-1991-southern-bluefin-tuna-algal-bloom-temporary-order-no-1-2026/conflicts","importantCases":"/api/acts/fisheries-management-act-1991-southern-bluefin-tuna-algal-bloom-temporary-order-no-1-2026/important-cases","documents":"/api/acts/fisheries-management-act-1991-southern-bluefin-tuna-algal-bloom-temporary-order-no-1-2026/documents"}}