{"id":"F2020L01462","name":"Southern Bluefin Tuna Fishery (Undercatch and Overcatch) Determination 2021","slug":"southern-bluefin-tuna-fishery-undercatch-and-overcatch-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":130697,"registerId":"commonwealth-F2020L01462-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument may be cited as the Southern Bluefin Tuna Fishery (Undercatch and Overcatch) Determination 2021.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on 1 December 2020.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Cessation","content":"#### 3 Cessation\n\n  This instrument ceases on 1 December 2021.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Authority","content":"#### 4 Authority\n\n  This instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 under clauses 9B and 9C of the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  A 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 that Plan.\n\n> Note: Terms defined in the Fisheries Management Act 1991 have the same meaning in this instrument.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Determination of overcatch and undercatch","content":"#### 6 Determination of overcatch and undercatch\n\n  (1) For the purposes of paragraph 9B.1(a) of the Plan, the determined percentage of overcatch is 5%.\n  (2) For the purposes of paragraph 9B.1(b) of the Plan, the determined amount of overcatch is 100 tonnes.\n  (3) For the purposes of paragraph 9B.1(c) of the Plan, the determined additional weight of overcatch is 2 tonnes.\n  (4) For the purposes of subsection 9C.1 of the Plan, the determined percentage of undercatch for the fishing season commencing on 1 December 2020 and ending on 30 November 2021 is 20%.","sortOrder":5}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1498},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a routine annual determination that performs the exact function contemplated by the Southern Bluefin Tuna Fishery Management Plan 1995—setting specific numerical thresholds for overcatch and undercatch for a single fishing season."},"complexity_factors":["Only 6 short sections with no internal definitions","Simple mathematical determinations (percentages and fixed tonne amounts)","No conditional logic, exceptions, or cross-references within the operative provisions","Relies entirely on incorporated definitions from the parent Management Plan"],"plain_english_summary":"This instrument sets the flexibility rules for Australian fishers in the Southern Bluefin Tuna Fishery for the 2020–2021 season.\n\n**What it does:**\nIt determines exactly how much fishers can exceed or fall short of their allocated catch quotas without facing penalties.\n\n**Key thresholds:**\n* **Overcatch (going over your quota):** Fishers can catch up to **5%** above their allocated quota, or up to **100 tonnes** (whichever measurement applies to their permit), plus an extra **2 tonnes** buffer.\n* **Undercatch (catching less than your quota):** If fishers don't catch their full allocation, they can carry over up to **20%** of that shortfall to use in the following season.\n\n**Why it matters:**\nThese rules provide practical flexibility for commercial fishers dealing with unpredictable ocean conditions, while ensuring total catch limits stay within international conservation agreements to protect the endangered Southern Bluefin Tuna population."}},"importantCases":[],"_links":{"self":"/api/acts/southern-bluefin-tuna-fishery-undercatch-and-overcatch-determination-2021","history":"/api/acts/southern-bluefin-tuna-fishery-undercatch-and-overcatch-determination-2021/history","analysis":"/api/acts/southern-bluefin-tuna-fishery-undercatch-and-overcatch-determination-2021/analysis","conflicts":"/api/acts/southern-bluefin-tuna-fishery-undercatch-and-overcatch-determination-2021/conflicts","importantCases":"/api/acts/southern-bluefin-tuna-fishery-undercatch-and-overcatch-determination-2021/important-cases","documents":"/api/acts/southern-bluefin-tuna-fishery-undercatch-and-overcatch-determination-2021/documents"}}