{"id":"F2025L01409","name":"Heard Island and McDonald Islands Fishery (Trawl Fishing Capacity) Determination 2025","slug":"heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443048,"registerId":"F2025L01409-fast-fetch-1775957952502","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Heard Island and McDonald Islands Fishery (Trawl Fishing Capacity) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n\n \n\nHeard Island and McDonald Islands Fishery (Trawl Fishing Capacity) Determination 2025\n\n \n\nThe Australian Fisheries Management Authority makes the following determination.\n\n \n\n \n\n \n\nDated 12 November 2025\n\n \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\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Cessation\n\n6 Determination of fishing capacity\n\n \n\n \n\n1 Name\n\n This instrument is the Heard Island and McDonald Islands Fishery (Trawl Fishing Capacity) Determination 2025.\n\n2 Commencement\n\n This instrument commences on 1 December 2025.\n\n3 Authority\n\n This instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 and under section 11A of the Heard Island and McDonald Islands Fishery Management Plan 2002 (the Plan).\n\n4 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\nNote: Terms defined in the Fisheries Management Act 1991 have the same meanings in this instrument\n\n5 Cessation\n\n This instrument ceases on 30 November 2030.\n\n6 Determination of fishing capacity\n\nFor 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 2025 and ends on 30 November of the following year until 2030 to be 25.5% of the Statutory Fishing Rights held in the fishery for each trawler.\n\n \n\n \n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function contemplated by its enabling legislation (section 11A of the Plan). It is a routine administrative determination setting minimum quota utilisation rates, which is the standard purpose of such instruments. No scope creep is evident."},"complexity_factors":["Very short instrument: only 6 operative sections spanning approximately 1 page","Minimal defined terms: relies entirely on definitions from external legislation (Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002)","Single substantive provision: only section 6 contains operative content, setting a straightforward percentage (25.5%)","No nested exceptions, conditional logic, or cross-referencing beyond basic authority citations","Simple temporal scope: fixed 5-year duration with automatic cessation"],"plain_english_summary":"This instrument, made by AFMA, requires trawler operators in the Heard Island and McDonald Islands Fishery to harvest at least 25.5% of their annual Statutory Fishing Rights each fishing year from 1 December 2025 to 30 November 2030. It targets toothfish and icefish trawl operations.\n\nIt stops speculative hoarding of quota, keeps the fishery active and economically viable, supports sustainable use, and automatically expires after five years for review."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not change the fishery’s geographic or species scope or the Plan’s subject-matter. It sets a time-limited minimum percentage of Statutory Fishing Rights to be reserved for trawl methods for the 2025–2030 fishing years (s6), leaving the Plan’s underlying scope unchanged (ss1–5,6)."},"complexity_factors":["Single substantive numeric rule: sets a specific minimum (25.5%) for trawl capacity, so legal complexity from content is low (s6).","Time-limited instrument with clear commencement and cessation dates creates predictable but finite regulatory window (ss2,5).","Reliance on external definitions in the Plan and the Fisheries Management Act means interpretation requires cross-reference to those instruments (s4; s3 cites legal basis).","\"For each trawler\" phrasing may raise implementation questions about aggregation, vessel vs rights-holder treatment and administrative application (s6).","Legal authority vests AFMA with decision-making and enforcement responsibility; administrative discretion is concentrated though limited by the single numeric determination (s3, s6).","Narrow scope (capacity percentage only) reduces substantive compliance and procedural complexity compared with multi-part regulatory instruments."],"plain_english_summary":"This determination fixes the minimum trawl fishing capacity in the Heard Island and McDonald Islands fishery at 25.5% of each trawler’s Statutory Fishing Rights for fishing years starting 1 December 2025 through 30 November 2030. It affects holders of Statutory Fishing Rights and operators of trawl vessels by legally reserving that proportion of rights for trawl methods; AFMA enforces the rule. It matters because it mechanically changes how rights are allocated between fishing methods, affecting revenue opportunities, compliance requirements and operational decisions."}},"importantCases":[],"_links":{"self":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2025","history":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2025/history","analysis":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2025/analysis","conflicts":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2025/conflicts","importantCases":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2025/important-cases","documents":"/api/acts/heard-island-and-mcdonald-islands-fishery-trawl-fishing-capacity-determination-2025/documents"}}