EXPLANATORY STATEMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Eastern Tuna and Billfish Fishery Management Plan 2010
Eastern Tuna and Billfish Fishery Amendment (Fishing Season and Total Allowable Commercial Catch) Determination 2025
Paragraph 17(6)(aa) of the Fisheries Management Act 1991 (the FM Act) provides that a plan of management for a fishery may determine, or provide for AFMA to determine, the fishing capacity, measured by that method or those methods, permitted for the fishery or part of the fishery in respect of a particular period or periods.
Subsection 3.2(1) of the Eastern Tuna and Billfish Fishery Management Plan 2010 (the Management Plan) provides that before the start of each fishing season, AFMA must determine a total allowable commercial catch (TACC) for each quota species for one or more seasons.
Subsection 3.2(3) of the management plan provides that AFMA may, by determination, vary the total allowable commercial catch (TACC) for a fishing season before the start of the season.
Section 1.3 of the Management Plan states that the fishing season means the period determined by AFMA.
Subsection 3.2(5) of the Management Plan provides that a determination of a TACC must specify the TACC, expressed as a whole weight; or another weight, as specified in the determination. The quota for each statutory fishing right (SFR) for a quota species is determined by dividing the TACC for the species by the number of SFRs in force at the start of the fishing season.
Subsection 3.2(4) of the Management Plan provides that before determining a TACC AFMA must consider information given by the advisory committee (established under section 56 of the Fisheries Administration Act 1991 (the FA Act) to assist the Commission in the performance of its functions), other interested Australian and international bodies, and other interested persons. AFMA must also take into account all fishing mortality from all sectors including commercial, recreational, Indigenous and other users of the fishery. AFMA also applies the Eastern Tuna and Billfish Fishery Harvest Strategy[1] and considers information about the sustainability of marine species in the area of the fishery, the precautionary principle, any decision made by the Minister or intergovernmental ministerial council about resource sharing and the likely effect of any overcatch or undercatch provisions.
This instrument:
- varies the TACC for Yellowfin Tuna for the 2026 and 2027 fishing seasons originally determined under the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024; and
- determines the TACC for Broadbill Swordfish and Striped Marlin for the 2026 fishing season.
The Eastern Tuna and Billfish Fishery Amendment (Fishing Season and Total Allowable Commercial Catch) Determination 2025 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003.
The Fishery
The Eastern Tuna and Billfish Fishery (ETBF) covers the area of waters in the Australian Exclusive Economic Zone (EEZ) included on the east coast of Australia between the South Australia/Victoria border and Cape York in the North. The ETBF also includes a restricted entry zone in the Coral Sea and a high seas zone that provides specific arrangements for fishing in the ETBF beyond the Australian EEZ.
Management in the ETBF is by output controls in the form of individually transferable quotas granted under the Management Plan.
Consultation
The Tropical Tuna Resource Assessment Group (TTRAG) provides scientific advice on TACCs, and other scientific fisheries matters, for the ETBF. TTRAG comprises scientific, industry, recreational fishing and management stakeholders who are appointed following a public application process. Casual observers, together with invited participants, also attend TTRAG meetings. Tuna Australia, the peak industry body, is an invited participant to TTRAG. Advice from TTRAG is considered by AFMA and the Tropical Tuna Management Advisory Committee (TTMAC). TTMAC comprises scientific, industry, recreational fishing, conservation and management stakeholders who are appointed following a public application process. Casual observers and invited participants also attend. TTMAC recommends TACCs for each quota species to the AFMA Commission. Tuna Australia is an industry member of TTMAC.
At its meeting in November 2025, the AFMA Commission considered advice from TTMAC’s October 2025 meeting and TTRAG’s September 2025 meeting and agreed to amend the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024. The amendment gives effect to the AFMA Commission’s decision to vary the TACC for Yellowfin Tuna for the 2026 and 2027 fishing seasons and determine the TACC for Broadbill Swordfish for the 2026 ETBF fishing season and Striped Marlin for the 2026 ETBF fishing season.
Impact Analysis
The Office of Impact Analysis advised that a detailed Impact Analysis is not required for this determination, consistent with the carve-out agreement in place to cover all regulatory changes of a minor or machinery nature (OIA reference no. OIA23-06107).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AFMA assesses, under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document.
The Commission’s Decision
At its meeting on 11 and 12 November 2025, the AFMA Commission agreed to:
- vary the TACC amount for Yellowfin Tuna for the 2026 and 2027 fishing seasons that were contained the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024;
- determine the TACC amounts for Broadbill Swordfish and Striped Marlin for the 2026 fishing season.
In making its decision, the Commission took into account each of the matters specified in subsection 3.2(4) of the Management Plan.
The Commission is satisfied that amending the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024, incorporating newly determined TACC amounts for Broadbill Swordfish and Striped Marlin for the 2026 fishing season as well as varied amounts for Yellowfin Tuna for the 2026 and 2027 fishing season, is consistent with AFMA’s obligation to pursue its statutory objectives, specified in section 3 of the FM Act and section 6 of the FA Act. The Commission considered that significant weight should be given to the objective of ensuring that the exploitation of fisheries resources is conducted in a manner consistent with the principles of ecologically sustainable development, which includes the exercise of the precautionary principle (paragraphs 3(1)(b) of the FM Act and 6(b) of the FA Act).
Details of the Instrument are set out below:
Clause 1 provides that the name of the Determination is the Eastern Tuna and Billfish Fishery Amendment (Fishing Season and Total Allowable Commercial Catch) Determination 2025.
Clause 2 provides that the Determination commences on the day after this instrument is registered.
Clause 3 provides that the Determination is made pursuant to paragraph 17(6)(aa) of the FM Act and
under section 3.2 of the Management Plan.
Clause 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Amendments
Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024
Item [1] Paragraph 7(b) (table)
This item repeals and substitutes the table in paragraph 7(b) in the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024.
To vary the TACC for Yellowfin Tuna for the 2026 fishing season and determine the TACC for Broadbill Swordfish and Striped Marlin for the 2026 fishing season.
Item [2] Paragraph 7(c) (table)
This item repeals and substitutes the table in paragraph 7(c) in the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024.
To vary the TACC for Yellowfin Tuna for the 2027 fishing season.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The instrument:
- varies the TACC for Yellowfin Tuna for the 2026 and 2027 fishing seasons originally determined under the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024; and
- determines the TACC for Broadbill Swordfish and Striped Marlin for the 2026 fishing season.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.