{"id":"F2026L00311","name":"Western Tuna and Billfish Fishery (Overcatch and Undercatch) Determination 2026","slug":"western-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107865,"registerId":"commonwealth-F2026L00311-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Western Tuna and Billfish Fishery (Overcatch and Undercatch) Determination 2026.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences the day after it is registered on the Federal Register of Legislation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Revocation","content":"#### 3 Revocation\n\n  This instrument is revoked on 1 February 2027.","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 and under subsection 11(1) of the Western Tuna and Billfish Fishery Management Plan 2005 (the Plan) for the purposes of sections 18 and 19 of the Plan.","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 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) This section applies to the fishing season commencing on 1 February 2026 and ending on 31 January 2027.\n\n(2) For the quota species listed in an item in column 1 of the table:\n\n(a) for the purposes of paragraph 11(1)(a) and subsection 18(5) of the Plan, the determined percentage of overcatch is determined by column 2 of the table; and\n\n(b) for the purposes of paragraph 11(1)(a) and subsection 18(5) of the Plan, the determined weight of overcatch is determined by column 3 of the table; and\n\n(c) for the purposes of paragraph 11(1)(b) and subsection 19(3) of the Plan, the determined percentage of undercatch is determined by column 4 of the table.  \n\n| Item | Column 1Species     | Column 2Determined percentage (overcatch) | Column 3Determined weight (overcatch) | Column 4Determined percentage (undercatch) |\n| ---- | ------------------- | ----------------------------------------- | ------------------------------------- | ------------------------------------------ |\n| 1    | Bigeye tuna         | 10%                                       | 2 tonnes                              | 10%                                        |\n| 2    | Broadbill swordfish | 10%                                       | 2 tonnes                              | 10%                                        |\n| 3    | Striped marlin      | 10%                                       | 2 tonnes                              | 10%                                        |\n| 4    | Yellowfin tuna      | 10%                                       | 2 tonnes                              | 10%                                        |","sortOrder":5}],"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 it was designed for: setting annual overcatch and undercatch parameters for a specific fishing season. It has not expanded beyond its original purpose."},"complexity_factors":["Very short instrument (6 sections, ~250 words)","Only 4 defined terms effectively imported by reference from parent legislation","Single operative provision (section 6) with straightforward tabular format","No nested exceptions or conditional logic beyond the basic 'whichever applies' structure implied by dual overcatch limits (percentage vs weight)","Minimal cross-referencing (only to specific paragraphs of the parent Management Plan and Act)"],"plain_english_summary":"This temporary 2026 rule lets commercial quota holders in the Western Tuna and Billfish Fishery exceed or defer small amounts for four species (bigeye tuna, yellowfin tuna, broadbill swordfish, striped marlin). Overcatch is limited to 10% or an extra 2 tonnes (whichever applies); up to 10% of unused quota can be carried forward to the next season. It applies only for 1 Feb 2026–31 Jan 2027."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the Plan's substantive scope; it implements temporary numeric determinations for specified species under the Plan and Fisheries Management Act authority (s4) for the 2026–27 season (s6(1)) and is revoked 1 February 2027 (s3). It neither adds species nor alters the Plan's decision‑making framework."},"complexity_factors":["Narrow subject matter: applies only to overcatch/undercatch determinations for four named species (s6(2); table).","Limited temporal scope: single fishing season, 1 Feb 2026–31 Jan 2027 (s6(1)); instrument revoked 1 Feb 2027 (s3).","Simple numeric rules: identical percentages (10%) and a flat overcatch weight (2 tonnes) for each listed species reduce calculation complexity (s6(2) table).","Legal cross‑references: relies on definitions and implementation mechanisms in the Western Tuna and Billfish Fishery Management Plan 2005 and the Fisheries Management Act 1991, creating interpretive dependence on external texts (s4; s5; s6(2) referencing para 11(1)(a), 18(5), 11(1)(b), 19(3)).","Administrative effect: while the instrument fixes numbers, application (accounting, enforcement, and any adjustments) depends on Plan provisions, requiring fisheries managers to apply Plan rules to these determinations (s6(2)).","Low stakeholder complexity: small number of species and uniform values reduce negotiation and modelling burdens for quota holders and regulators."],"plain_english_summary":"This instrument fixes how excess catch (overcatch) and shortfalls (undercatch) are measured for four quota species in the Western Tuna and Billfish Fishery for the 1 February 2026–31 January 2027 season. It sets a 10% overcatch and undercatch percentage and a 2‑tonne overcatch weight for bigeye tuna, broadbill swordfish, striped marlin and yellowfin tuna.\n\nQuota holders and fisheries managers are affected because these figures determine quota accounting, compliance obligations and any administrative adjustments for that season."}},"importantCases":[],"_links":{"self":"/api/acts/western-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-2026","history":"/api/acts/western-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-2026/history","analysis":"/api/acts/western-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-2026/analysis","conflicts":"/api/acts/western-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-2026/conflicts","importantCases":"/api/acts/western-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-2026/important-cases","documents":"/api/acts/western-tuna-and-billfish-fishery-overcatch-and-undercatch-determination-2026/documents"}}