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 (Overcatch and Undercatch) 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(2) of the Eastern Tuna and Billfish Fishery Management Plan 2010 (the Management Plan) provides that when determining the Total Allowable Commercial Catch (TACC), AFMA must also determine the determined weight or the determined percentage (or both) for section 4.5 of the Management Plan, and the determined percentage for section 4.6 of the Management Plan.
Section 4.5 of the Management Plan provides that AFMA must determine a percentage (the ‘determined percentage’) and weight (the ‘determined weight’) for the purpose of applying the overcatch provisions to individual SFR holders who exceed their quota for the season. Section 4.6 of the Management Plan provides that AFMA must determine a percentage (the ‘determined percentage’) for the purpose of applying the undercatch provisions to individual SFR holders whose catch is less than their quota for the season.
Undercatch and overcatch provides for ‘carry over’ or ‘carry under’ of a small amount of end of season quota between fishing seasons thereby allowing fishers the flexibility to catch a certain amount of fish over or under their quota, and debit or credit this to or from the following season’s quota.
This instrument amends the Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No.2) 2024 to include the determined percentage of overcatch for sections 4.5 of the Management Plan, the determined percentage of undercatch for section 4.6 of the Management Plan and the determined weight for section 4.5 of the Management Plan for the quota species Broadbill Swordfish and Striped Marlin in the fishery for the 2026 fishing season beginning on 1 January 2026 and concluding on 31 December 2026.
The Eastern Tuna and Billfish Fishery Amendment (Overcatch and Undercatch 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 overcatch and undercatch percentages 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 meeting in October 2025 and TTRAG’s September 2025 meeting and agreed to amend the Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No.2) 2024. The amendment gives effect to the newly determined undercatch percentages and overcatch percentages and determined weights for Broadbill Swordfish 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 determined the undercatch percentages and overcatch percentages and determined weights for Broadbill Swordfish and Striped Marlin for the 2026 ETBF fishing season.
The Commission is satisfied that amending the Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No.2) 2024 to incorporate the newly determined percentages and weights for Broadbill Swordfish and Striped Marlin for the 2026 fishing season, is consistent with AFMA’s obligation to pursue its statutory objectives, specified in section 3 of the FM 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 Fisheries Administration Act 1991.
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 (Overcatch and Undercatch) 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 Fisheries Management Act 1991 under sections 3.2, 4.5 and 4.6 of the Eastern Tuna and Billfish Fishery Management Plan 2010.
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 (Overcatch and Undercatch) Determination (No.2) 2024
Item [1] Paragraph 7(b) (table)
This item repeals and substitutes the table in section 6 under the words ‘for the fishing season commencing on 1 January 2026 and ending 31 December 2026.’
To include the determinations for overcatch and undercatch for Broadbill Swordfish and Striped Marlin for the 2026 ETBF 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 (Overcatch and Undercatch) 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
This instrument amends the Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No.2) 2024 to include the determined percentage of overcatch for sections 4.5 of the Management Plan, the determined percentage of undercatch for section 4.6 of the Management Plan and the determined weight for section 4.5 of the Management Plan for the quota species Broadbill Swordfish and Striped Marlin in the fishery for the 2026 fishing season beginning on 1 January 2026 and concluding on 31 December 2026.
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.