{"id":"F2026L00321","name":"Southern and Eastern Scalefish and Shark Fishery (Overcatch and Undercatch) Determination 2026","slug":"southern-and-eastern-scalefish-and-shark-fishery-overcatch-and-undercatch-determination-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443219,"registerId":"F2026L00321-fast-fetch-1775958113865","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 (Overcatch and Undercatch) 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 (Overcatch and Undercatch) 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\nContents\n\n1 Name\n\n2 Commencement\n\n3 Cessation\n\n4 Authority\n\n5 Definitions\n\n6 Determination of overcatch and undercatch\n\n \n\n \n\n1 Name\n\n This instrument is the Southern and Eastern Scalefish and Shark Fishery (Overcatch and Undercatch) 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 subsection 24(1) of the Management Plan for the purpose of paragraph 17(6)(aa) of the Act.\n\n5 Definitions\n\n1. In this instrument:\n\n\nAct means the Fisheries Management Act 1991.\n\nManagement Plan means the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.\n\n1. 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\n\nNote: Terms defined in the Act have the same meanings in this Instrument.\n\n6 Determination of overcatch and undercatch\n\n1. For the purposes of section 24 of the Management Plan the ‘determined amount’ and ‘determined percentages’ for each quota species for the fishery for the 2026-27 fishing year commencing on 1 May 2026 and ending on 30 April 2027 are:\n\n| Item | Column 1
Species of fish | Column 2
Determined percentage (Overcatch – s22 and s22A) | Column 3
Determined percentage (Undercatch – s23) | Column 4
Determined amount (s22A) (kg) |\n| --- | --- | --- | --- | --- |\n| 1 | Alfonsino | 10 | 10 | 2 000 |\n| 2 | Bight redfish | 10 | 10 | 2 000 |\n| 3 | Blue eye trevalla | 10 | 10 | 2 000 |\n| 4 | Blue grenadier | 10 | 10 | 2 000 |\n| 5 | Blue warehou | 0 | 0 | 2 000 |\n| 6 | Deepwater flathead | 10 | 10 | 2 000 |\n| 7 | Deepwater shark (eastern) | 10 | 10 | 2 000 |\n| 8 | Deepwater shark (western) | 10 | 10 | 2 000 |\n| 9 | Elephantfish | 10 | 10 | 2 000 |\n| 10 | Flathead | 10 | 10 | 2 000 |\n| 11 | Gemfish (eastern) | 0 | 0 | 2 000 |\n| 12 | Gemfish (western) | 10 | 10 | 2 000 |\n| 13 | Gummy shark | 10 | 10 | 2 000 |\n| 14 | Jackass morwong | 0 | 0 | 2 000 |\n| 15 | John dory | 0 | 0 | 2 000 |\n| 16 | Mirror dory | 10 | 10 | 2 000 |\n| 17 | Ocean perch | 10 | 10 | 2 000 |\n| 18 | Orange roughy (GAB Albany and Esperance) | 0 | 0 | 2 000 |\n| 19 | Orange roughy (Cascade Plateau) | 10 | 10 | 2 000 |\n| 20 | Orange roughy (eastern) | 10 | 100 | 2 000 |\n| 21 | Orange roughy (southern) | 0 | 0 | 2 000 |\n| 22 | Orange roughy (western) | 0 | 0 | 2 000 |\n| 23 | Oreo, basket | 10 | 10 | 2 000 |\n| 24 | Pink ling | 10 | 10 | 2 000 |\n| 25 | Redfish | 0 | 0 | 2 000 |\n| 26 | Ribaldo | 10 | 10 | 2 000 |\n| 27 | Royal red prawn | 10 | 10 | 2 000 |\n| 28 | Saw shark | 10 | 10 | 2 000 |\n| 29 | School shark | 0 | 0 | 2 000 |\n| 30 | School whiting | 10 | 10 | 2 000 |\n| 31 | Silver trevally | 10 | 10 | 2 000 |\n| 32 | Silver warehou | 10 | 10 | 2 000 |\n| 33 | Smooth oreodory (Cascade Plateau) | 10 | 10 | 2 000 |\n| 34 | Smooth oreodory (other) | 10 | 10 | 2 000 |\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function it was designed for: annually setting overcatch and undercatch percentages for the fishery. It is a routine administrative determination made under the Management Plan, consistent with its original purpose."},"complexity_factors":["Only 6 short sections with minimal text","Just 2 defined terms (Act and Management Plan), with incorporation by reference of external definitions","Single operative provision (section 6) consisting of a straightforward table","No conditional logic, exceptions, or cross-referencing beyond basic statutory references","Self-terminating instrument (ceases 1 May 2027) with no complex machinery provisions"],"plain_english_summary":"This short-term rule sets overcatch and undercatch tolerances for the 2026–27 season in the Southern and Eastern Scalefish and Shark Fishery: most species have 10% over- and undercatch allowances, some species (e.g. blue warehou, gemfish, school shark) have 0% tolerance, eastern orange roughy allows 100% undercatch, and a fixed 2,000 kg amount also applies to certain rules.\n\nIt affects commercial fishers holding quota in this Commonwealth fishery, giving limited flexibility for accidental misreporting while keeping stricter limits to protect vulnerable stocks."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not change the statutory scope of the Management Plan or the Fisheries Management Act. It performs the recurring, authorised task of fixing annual overcatch/undercatch percentages and a determined amount for 2026–27; no new categories of species or novel powers are introduced."},"complexity_factors":["Multiplicity of listed species (34 items) each carrying specific overcatch and undercatch percentages.","Statutory interplay: instrument operates under subsection 24(1) of the Management Plan and implements sections s22, s22A and s23 (quota overcatch/undercatch mechanics).","Time-limited effect (commences on registration; ceases 1 May 2027) requiring annual renewal for continuity.","Regional distinctions for some species (e.g. multiple orange roughy and oreodory entries) add mapping from catch to category.","One clear outlier: Orange roughy (eastern) shows a 100% undercatch percentage, differing from the common 10% or 0% values.","Determined amount column is uniform (2,000 kg) across species, simplifying arithmetic but creating a single-threshold rule for many species.","Compliance and administrative burden falls on fishers to monitor and report catches; AFMA retains decision and enforcement discretion under the Management Plan."],"plain_english_summary":"This instrument sets the overcatch and undercatch percentages and a uniform ‘determined amount’ (in kg) for each quota species in the Southern and Eastern Scalefish and Shark Fishery for the 2026–27 fishing year. It is made by the Australian Fisheries Management Authority under subsection 24(1) of the Management Plan for paragraph 17(6)(aa) of the Fisheries Management Act 1991 and runs until 1 May 2027.\n\nEffect: fishers must account catch against these percentages and amounts; AFMA administers and enforces quota accounting. The rules change monitoring, commercial incentives and compliance obligations for quota holders."}},"importantCases":[],"_links":{"self":"/api/acts/southern-and-eastern-scalefish-and-shark-fishery-overcatch-and-undercatch-determination-2026","history":"/api/acts/southern-and-eastern-scalefish-and-shark-fishery-overcatch-and-undercatch-determination-2026/history","analysis":"/api/acts/southern-and-eastern-scalefish-and-shark-fishery-overcatch-and-undercatch-determination-2026/analysis","conflicts":"/api/acts/southern-and-eastern-scalefish-and-shark-fishery-overcatch-and-undercatch-determination-2026/conflicts","importantCases":"/api/acts/southern-and-eastern-scalefish-and-shark-fishery-overcatch-and-undercatch-determination-2026/important-cases","documents":"/api/acts/southern-and-eastern-scalefish-and-shark-fishery-overcatch-and-undercatch-determination-2026/documents"}}