{"id":"F2020L01445","name":"Heard Island and McDonald Islands Fishery (Trawl Fishing Capacity) Determination 2020","slug":"heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":130669,"registerId":"commonwealth-F2020L01445-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\nThis instrument is the Heard Island and McDonald Islands Fishery (Trawl Fishing Capacity) Determination 2020.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\nThis instrument commences on 1 December 2020.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Cessation","content":"#### 3 Cessation\n\nThis instrument ceases on 1 December 2025.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Authority","content":"#### 4 Authority\n\nThis instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 under section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002 (the Plan).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\nA term used in this instrument that is defined for the purposes of the Plan has the same meaning in this instrument as it has in the Plan.\n\n> Note: Terms defined in the Fisheries Management Act 1991 have the same meanings in this instrument.\n\n6 Determination of fishing capacity\n\n  For the purposes of Section 11A of the Plan, AFMA determines the minimum quota for trawl methods expressed as a percentage of Statutory Fishing Rights for the fishing years which commence on 1 December 2020 and ends on 30 November of the following year until 2025 to be 25.5% of the statutory fishing rights held in the fishery for each trawler.","sortOrder":4}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1897},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose as a routine technical determination of minimum trawl fishing capacity. It does not expand beyond setting the specific percentage quota for the 2020-2025 period."},"complexity_factors":["Extremely short instrument containing only 6 sections","Single operative provision setting one numerical value (25.5%)","Relies entirely on definitions incorporated by reference from parent legislation (Fisheries Management Act 1991 and Heard Island and McDonald Islands Fishery Management Plan 2002)","No conditional logic, exceptions, or procedural requirements"],"plain_english_summary":"**What this does:**\nThis rule sets a minimum amount of fish that must be caught using trawl nets (large nets dragged behind boats) in the Heard Island and McDonald Islands Fishery in the Southern Ocean.\n\n**Who it affects:**\nCommercial fishing operators who hold fishing permits (called \"Statutory Fishing Rights\") in this fishery, specifically those operating trawlers.\n\n**The key requirement:**\nFrom 2020 to 2025, operators must use **at least 25.5%** of their total allowed catch using trawl methods. This acts as a floor (minimum) rather than a ceiling, ensuring trawling remains a significant fishing method in the fishery and preventing operators from switching entirely to other methods like longlining.\n\n**Why it matters:**\nThis maintains a balance between different fishing techniques in the fishery, which helps manage environmental impacts and ensures diverse fishing practices remain economically viable."}},"importantCases":[],"_links":{"self":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2020","history":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2020/history","analysis":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2020/analysis","conflicts":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2020/conflicts","importantCases":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2020/important-cases","documents":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2020/documents"}}