Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No.2) 2024

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2024L01496 In force Legislative Instrument

Legislation content

Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No. 2) 2024

made under 17(6)(aa) of the

Fisheries Management Act 1991

and under sections 3.2, 4.5 and 4.6 of the

Eastern Tuna and Billfish Fishery Management Plan 2010

Compilation No. 1 

Compilation date: 22 November 2025

Includes amendments: F2025L01412

About this compilation

This compilation

This is a compilation of the Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No. 2) 2024 that shows the text of the law as amended and in force on 22 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

 

1  Name

3  Authority

4  Definitions

5  Cessation

6  Determination of overcatch and undercatch

 

1  Name

  This instrument is the Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No.2) 2024.

3  Authority

  This instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 and under sections 3.2, 4.5 and 4.6 of the Management Plan.

4  Definitions

Note :  A number of the expressions used in this instrument are defined in section 1.3 of the Management Plan, including the following:

  1.      fishing season;
  2.      Eastern Tuna and Billfish Fishery;
  3.      total allowable commercial catch; and
  4.      quota species.

In this instrument:

Act means the Fisheries Management Act 1991.

Management Plan means the Eastern Tuna and Billfish Fishery Management Plan 2010.

5  Cessation

  This instrument ceases on 31 December 2027 unless revoked earlier.

6  Determination of overcatch and undercatch

                    The determined percentage and determined weight, for section 4.5 of the Management Plan (Obligations relating to overcatch), and the determined percentage for section 4.6 of the Management Plan (Obligations relating to undercatch) for each quota species in the Eastern Tuna and Billfish Fishery:

  1.        for the fishing season commencing on 1 January 2025 and ending on 31 December 2025. 

Note: The total allowable commercial catch (TACC) for each quota species for the fishing season commencing on 1 January 2025 and ending on 31 December 2025 is determined by the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024.

      

Quota Species

Determined Percentage (Overcatch – s4.5)

Determined Percentage (Undercatch – s4.6)

Determined weight (s4.5)

Albacore Tuna

10%

10%

2,000 Kg

Bigeye Tuna

10%

10%

2,000 Kg

Yellowfin Tuna

10%

10%

2,000 Kg

Striped Marlin

10%

10%

2,000 Kg

Broadbill Swordfish

10%

10%

2,000 Kg

 

  1.        for the fishing season commencing on 1 January 2026 and ending on 31 December 2026. 

Note: The total allowable commercial catch (TACC) for each quota species for the fishing season commencing on 1 January 2026 and ending on 31 December 2026 is determined by the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024.

 

Quota Species

Determined Percentage (Overcatch – s4.5)

Determined Percentage (Undercatch – s4.6)

Determined weight (s4.5)

Albacore Tuna

10%

10%

2,000 Kg

Bigeye Tuna

10%

10%

2,000 Kg

Yellowfin Tuna

10%

10%

2,000 Kg

Broadbill Swordfish

10%

10%

2,000 Kg

Striped Marlin

10%

10%

2,000 Kg

 

  1.        for the fishing season commencing on 1 January 2027 and ending on 31 December 2027. 

Note: The total allowable commercial catch (TACC) for each quota species for the fishing season commencing on 1 January 2027 and ending on 31 December 2027 is determined by the Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024.

 

Quota Species

Determined Percentage (Overcatch – s4.5)

Determined Percentage (Undercatch – s4.6)

Determined weight (s4.5)

Albacore Tuna

10%

10%

2,000 Kg

Bigeye Tuna

10%

10%

2,000 Kg

Yellowfin Tuna

10%

10%

2,000 Kg

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No.2) 2024

F2024L01496

25 Nov 2024

01/01/2025

-

Eastern Tuna and Billfish Fishery Amendment (Overcatch and Undercatch) Determination 2025

F2025L01412
21 Nov 2025

22/11/2025

-

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep LA s 48D

s 6 2.

rs F2025L01412

 

Overview

The Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No. 2) 2024 was enacted to address the need for clear and specific guidelines on managing overcatch and undercatch within the Eastern Tuna and Billfish Fishery. This determination was made under paragraph 17(6)(aa) of the Fisheries Management Act 1991 and sections 3.2, 4.5, and 4.6 of the Eastern Tuna and Billfish Fishery Management Plan 2010. The objective of this legislation is to provide precise percentages and weights that define allowable overcatch and undercatch for various quota species in the fishery, ensuring sustainable fishing practices and adherence to established quotas. This determination aims to support the management of fish stocks and the overall health of marine ecosystems within the fishery. The determination sets specific thresholds for overcatch and undercatch for different quota species for fishing seasons from 2025 to 2027, ensuring that the fishing activities are within the limits set by the Total Allowable Commercial Catch (TACC) as specified in other related determinations. By providing these parameters, the legislation seeks to prevent the overexploitation of fish stocks while also penalising underutilisation of allocated quotas, thereby promoting balanced and responsible fishing practices. This determination is a critical tool for enforcing compliance with the fishery management plan and maintaining the ecological balance of the fishery.

Scope and Application

The Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No. 2) 2024 is a legislative instrument made under the Fisheries Management Act 1991 and sections 3.2, 4.5, and 4.6 of the Eastern Tuna and Billfish Fishery Management Plan 2010. This determination applies to the fishing industry within the Commonwealth jurisdiction, specifically targeting the management of overcatch and undercatch of quota species in the Eastern Tuna and Billfish Fishery. The Act applies to entities and individuals involved in fishing activities, including commercial fishers and relevant industry bodies, during specified fishing seasons. The geographic reach encompasses the Commonwealth waters where the Eastern Tuna and Billfish Fishery operates. The determination sets specific percentages and weights for overcatch and undercatch for each quota species for the fishing seasons from 2025 to 2027. The instrument ceases on 31 December 2027 unless revoked earlier. The application and enforcement of the Act may be extended or restricted through subordinate instruments as specified by the relevant authorities.

Key Provisions

The Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No. 2) 2024 (the "Determination") outlines the parameters for managing overcatch and undercatch within the Eastern Tuna and Billfish Fishery for specified fishing seasons. Section 6 of the Determination sets out the determined percentage and weight thresholds for overcatch and undercatch for various quota species. For the fishing season from 1 January 2025 to 31 December 2025, the determined percentage for both overcatch and undercatch is set at 10%, with a determined weight of 2,000 kilograms for overcatch (Section 4.5) for species such as Albacore Tuna, Bigeye Tuna, Yellowfin Tuna, Striped Marlin, and Broadbill Swordfish. These percentages and weights are reiterated for subsequent seasons, with the exact figures remaining consistent across the specified periods. The Determination imposes several obligations on parties involved in the fishery, including commercial fishers and relevant management authorities. Fishers must adhere to the specified overcatch and undercatch limits for each quota species, ensuring that their catch does not exceed the determined percentage and weight set out in the Determination. Additionally, fishers must report their catch data accurately to comply with the obligations outlined in the Eastern Tuna and Billfish Fishery Management Plan 2010. Management authorities are tasked with monitoring and enforcing these limits, as well as conducting assessments and audits to ensure compliance. Breaches of the provisions set out in the Determination may result in various penalties and consequences. Under the Fisheries Management Act 1991, individuals or entities found to be in violation of the overcatch and undercatch limits may face fines, penalties, or other enforcement actions. The specific penalties can vary based on the severity and frequency of the breach, but they are designed to ensure compliance and the sustainable management of fishery resources. Additionally, persistent non-compliance may lead to more severe consequences, including the suspension or revocation of fishing licenses.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.