{"id":"F2023L01505","name":"Macquarie Island Toothfish Fishery (Total Allowable Catch) Determination 2023","slug":"macquarie-island-toothfish-fishery-total-allowable-catch-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104927,"registerId":"commonwealth-F2023L01505-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\nThis instrument is the Macquarie Island Toothfish Fishery (Total Allowable Catch) Determination 2023.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\nThis instrument commences on 15 April 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\nThis instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 under section 11 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Cessation","content":"#### 4 Cessation\n\n  This instrument ceases on 14 April 2026.","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.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Determination of total allowable catch","content":"#### 1 Name\n\nThis instrument is the Macquarie Island Toothfish Fishery (Total Allowable Catch) Determination 2023.\n\n#### 2 Commencement\n\nThis instrument commences on 15 April 2024.\n\n#### 3 Authority\n\nThis instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 under section 11 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan).\n\n#### 4 Cessation\n\n  This instrument ceases on 14 April 2026.\n\n#### 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\n#### 6 Determination of total allowable catch\n\n#### (1) The total allowable catch for Patagonian toothfish and catch limits for other species in the Macquarie Island Toothfish Fishery for the 2024/2025 fishing year, commencing on 15 April 2024 and ending on 14 April 2025, and for the 2025/26 fishing year, commencing on 15 April 2025 and ending on 14 April 2026 are:\n\n    (a) 468 tonnes for each fishing year for Patagonian toothfish (Dissostichus eleginoides); and\n    (b) 50 tonnes for each fishing year for each of the other species in the Macquarie Island Toothfish Fishery.","sortOrder":5},{"sectionNumber":"(1) The total allowable catch for Patago","sectionType":"section","heading":"(1) The total allowable catch for Patagonian toothfish and catch limits for other species in the Macquarie Island Toothfish Fishery for the 2024/2025 fishing year, commencing on 15 April 2024 and ending on 14 April 2025, and for the 2025/26 fishing year, commencing on 15 April 2025 and ending on 14 April 2026 are:","content":"#### (1) The total allowable catch for Patagonian toothfish and catch limits for other species in the Macquarie Island Toothfish Fishery for the 2024/2025 fishing year, commencing on 15 April 2024 and ending on 14 April 2025, and for the 2025/26 fishing year, commencing on 15 April 2025 and ending on 14 April 2026 are:\n\n    (a) 468 tonnes for each fishing year for Patagonian toothfish (Dissostichus eleginoides); and\n    (b) 50 tonnes for each fishing year for each of the other species in the Macquarie Island Toothfish Fishery.","sortOrder":6}],"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the regulated activities; it simply fixes annual catch limits and the effective period under the existing Plan and Fisheries Management Act (s3, s6). No provisions in this text alter which species or participants are within scope; readers must consult the Plan and Act for baseline scope and definitions (s5)."},"complexity_factors":["Narrow, numeric instrument: sets fixed TACs for two years (468 t for Patagonian toothfish; 50 t for each other species) — clear substance but inflexible (s6).","Fixed commencement and cessation dates require calendar alignment and administration across two fishing years (commencement s2; cessation s4).","Made under delegated statutory authority; users must read the Fisheries Management Act and the Plan to understand legal effect and administrative process (authority s3).","Definitions are not reproduced and rely on the Plan and the Fisheries Management Act, so operators must cross-reference those instruments to interpret terms (s5).","Text duplication and repeated clauses in the instrument increase the risk of drafting confusion for readers and administrators (instrument contains repeated sections of s1–s6)."],"plain_english_summary":"This instrument sets the total allowable catch (TAC) for the Macquarie Island Toothfish Fishery for two fishing years (15 April 2024–14 April 2025 and 15 April 2025–14 April 2026): 468 tonnes per year for Patagonian toothfish and 50 tonnes per year for each other species. It is made under the Fisheries Management Act and the Macquarie Island Toothfish Fishery Management Plan and therefore binds operators in that fishery by capping legal take and fixing the regulation period."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function its title suggests: setting total allowable catch limits for the Macquarie Island Toothfish Fishery. It does not expand beyond the original purpose of the parent legislation (the Fisheries Management Act 1991 and the 2006 Management Plan), which explicitly provide for such determinations to be made. The scope remains tightly focused on quota-setting for the specified fishery."},"complexity_factors":["Very short instrument (approximately 250 words)","Only 1 substantive provision (section 6) containing the actual catch limits","No defined terms within the instrument itself — definitions are imported by reference from the parent Management Plan and the Fisheries Management Act 1991","No conditional logic, exceptions, or nested provisions","Simple temporal application (two fixed fishing years with identical limits each year)","Straightforward numerical limits with no formulas or calculations"],"plain_english_summary":"This instrument fixes annual catch limits for the Macquarie Island Toothfish Fishery for 2024/25 and 2025/26: 468 tonnes per year for Patagonian toothfish and 50 tonnes per year for other species.  \n\nIt binds licensed commercial fishers and is enforced by AFMA to prevent overfishing in the remote, ecologically sensitive Macquarie Island waters and support sustainable management under the Fisheries Management Act."}},"importantCases":[],"_links":{"self":"/api/acts/macquarie-island-toothfish-fishery-total-allowable-catch-determination-2023","history":"/api/acts/macquarie-island-toothfish-fishery-total-allowable-catch-determination-2023/history","analysis":"/api/acts/macquarie-island-toothfish-fishery-total-allowable-catch-determination-2023/analysis","conflicts":"/api/acts/macquarie-island-toothfish-fishery-total-allowable-catch-determination-2023/conflicts","importantCases":"/api/acts/macquarie-island-toothfish-fishery-total-allowable-catch-determination-2023/important-cases","documents":"/api/acts/macquarie-island-toothfish-fishery-total-allowable-catch-determination-2023/documents"}}