{"id":"F2025L01417","name":"Southern Bluefin Tuna Fishery (overcatch and undercatch) Determination 2025","slug":"southern-bluefin-tuna-fishery-overcatch-and-undercatch-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443052,"registerId":"F2025L01417-fast-fetch-1775957954603","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Southern Bluefin Tuna Fishery (overcatch and undercatch) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n\n \n\nSouthern Bluefin Tuna Fishery (overcatch and undercatch) Determination 2025\n\nThe Australian Fisheries Management Authority makes the following determination.\n\n \n\nDated 12 November 2025\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| | | |\n| Sally Troy
Commissioner | | |\n\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 Determination of overcatch and undercatch\n\n \n\n \n\n1 Name\n\n This instrument is the Southern Bluefin Tuna Fishery (overcatch and undercatch) Determination 2025.\n\n2 Commencement\n\n This instrument commences on 1 December 2025.\n\n3 Cessation\n\n This Determination ceases on 30 November 2026.\n\n4 Authority\n\n This instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 and under clauses 9B and 9C of the Southern Bluefin Tuna Fishery Management Plan 1995.\n\n5 Definitions\n\nNote: A number of the expressions used in this instrument are defined in the clause 3 of the Management Plan, including the following:\n\n1. season;\n2. national catch allocation; and\n3. overcatch.\n\n\n In this instrument:\n\n Act means the Fisheries Management Act 1991.\n\n Management Plan means Southern Bluefin Tuna Fishery Management Plan 1995.\n\n ANCA means Australia’s national catch allocation.\n\n6 Determination of overcatch and undercatch\n\n (1) For the purposes of paragraph 9B.1(a) of the Management Plan, the determined percentage of overcatch is 5%.\n\n (2) For the purposes of paragraph 9B.1(b) of the Management Plan, the determined amount of overcatch is 100 tonnes.\n\n (3) For the purposes of paragraph 9B.1(c) of the Management Plan, the determined additional weight of overcatch is 2 tonnes.\n\n (4) For the purposes of subclause 9C.1 of the Management Plan, the determined percentage of undercatch for the fishing season commencing on 1 December 2025 and ending on 30 November 2026 is:\n\n (i) 20%, if the total commercial catch in the fishery for the season is less than the Effective Commercial Catch Limit minus 20% of ANCA for that season; or\n\n (ii) 100%, if the total commercial catch in the fishery for the season is greater than or equal to the Effective Commercial Catch Limit minus 20% of ANCA for that season.\n\n \n\n[ Note: Effective Commercial Catch Limit = ANCA for the season plus the total undercatch amount for the fishery (if any) from the previous fishing season.]\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination does not change the statutory scope of the Management Plan or AFMA's authority; it exercises existing powers to set annual numeric parameters for overcatch and undercatch for the 2025–26 season. It alters operational thresholds and carry‑forward mechanics for quota holders but does not expand or narrow who is covered by the Plan. (ss2–6)"},"complexity_factors":["Relies on multiple defined terms in the Management Plan and Act (e.g. season, ANCA, overcatch) so interpretation requires cross-referencing (cl.5, s6).","Conditional undercatch rule depends on a comparison to the Effective Commercial Catch Limit which itself incorporates prior-season undercatch — requires arithmetic across datasets (s6(4) and Note).","Mix of percentage and absolute thresholds for overcatch (5%, 100 tonnes, +2 tonnes) produces simple numeric rules but requires accurate catch accounting (s6(1)–(3)).","Time-limited application (commences 1 Dec 2025, ceases 30 Nov 2026) makes it an annual operational determination rather than a permanent regulatory change (ss2–3).","Administrative enforcement and application rest with AFMA under statutory powers, with limited discretion apparent in this instrument but reliance on external systems for measurement and reporting (s4).","Potential measurement ambiguity over 'total commercial catch in the fishery' for the comparison trigger increases operational complexity for compliance and verification (s6(4))."],"plain_english_summary":"This instrument sets numerical overcatch and undercatch rules for the Southern Bluefin Tuna fishery for 1 Dec 2025–30 Nov 2026: overcatch 5%, overcatch amount 100 tonnes, additional overcatch 2 tonnes, and undercatch either 20% or 100% depending on total commercial catch relative to the Effective Commercial Catch Limit. (s6)\n\nIt affects commercial fishers and quota managers by changing how excess catch is treated, who absorbs shortfalls or carries catch forward, and is administered by AFMA under the Fisheries Management Act and the Management Plan. (ss4–5)"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function it was designed for: setting annual numerical parameters for overcatch and undercatch in the Southern Bluefin Tuna Fishery. It does not expand beyond the original intent of the enabling legislation (Fisheries Management Act 1991) or the Management Plan."},"complexity_factors":["Only 6 short sections, with minimal text","3 defined terms in section 5, plus references to externally defined terms in the Management Plan","Simple conditional logic in section 6(4) with two mutually exclusive scenarios (i) and (ii)","Requires cross-referencing to the Fisheries Management Act 1991 and Southern Bluefin Tuna Fishery Management Plan 1995 to fully understand the context","One embedded formula/note for 'Effective Commercial Catch Limit' that requires understanding of prior season carry-overs"],"plain_english_summary":"This rule sets the 2025–26 Southern Bluefin Tuna overcatch and undercatch parameters: individual fishers may exceed quota by up to 5% or 100 tonnes (whichever applies), with a 2‑tonne non‑counting buffer. Undercatch rollover depends on industry performance—20% rollover if total catch is under 80% of Australia’s allowance, otherwise 100% rollover. It affects commercial SBT fishers and AFMA, balancing conservation and operational flexibility."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/southern-bluefin-tuna-fishery-overcatch-and-undercatch-determination-2025","history":"/api/acts/southern-bluefin-tuna-fishery-overcatch-and-undercatch-determination-2025/history","analysis":"/api/acts/southern-bluefin-tuna-fishery-overcatch-and-undercatch-determination-2025/analysis","conflicts":"/api/acts/southern-bluefin-tuna-fishery-overcatch-and-undercatch-determination-2025/conflicts","importantCases":"/api/acts/southern-bluefin-tuna-fishery-overcatch-and-undercatch-determination-2025/important-cases","documents":"/api/acts/southern-bluefin-tuna-fishery-overcatch-and-undercatch-determination-2025/documents"}}