Document ID: chunk:federal_register_of_legislation:F2024C01024:front:0:p19
Version: federal_register_of_legislation:F2024C01024
Segment Type: other
Provision Reference: 
Character Range: 44525–47103

any relevant management advisory committee and have regard to any view expressed in that consultation; and
 (b) must take into account advice from the relevant resource assessment group about the stock status of a quota species; and
 (c) must take into account the precautionary principle; and
 (d) may consider the views (if any) of any other interested person.
 (6) As soon as practicable after determining a percentage for a quota species for the purposes of this section, AFMA must give to the holder of each quota statutory fishing right for that species a written notice stating the determined percentage for the species.
Division 4.2 Overcatch and undercatch
21A Definitions for Division
  In this Division:
determined amount, for a quota species and a fishing year, means the amount (in kilograms) of that species specified in a determination made by AFMA for section 22A for that species and year.
determined percentage, for a quota species and a fishing year, means a percentage of the quota allocated to the quota statutory fishing rights for that species held by a person for that year, being the percentage specified in a determination made by AFMA for section 22, 22A or 23 for that species and year.
overcatch, in relation to a holder of a quota statutory fishing right and a quota species in a fishing year, is the amount by which the amount of fish of that species taken by the holder in the fishing year exceeds the quota allocated to quota statutory fishing rights for that species held by the holder in the fishing year.
relevant date, for a fishing year, means:
 (a) for the fishing year commencing on 1 January 2006 — 28 February 2007; and
 (b) for the fishing year commencing on 1 January 2007 — 30 June 2008; and
 (c) for a fishing year commencing on or after 1 May 2008 — 30 June of the following fishing year.
22 Overcatch — if determined percentage is not exceeded
 (1) Subsection (2) applies to a holder of a quota statutory fishing right if:
 (a) in a fishing year (the first year), the holder takes (or is taken, by a previous application of this section, to have taken) an amount of fish of a quota species that exceeds, by a percentage less than the determined percentage for that species for the first year, the quota allocated to the quota statutory fishing rights for that species held by the holder in the first year; and
 (b) on the relevant date for the following fishing year (the second year), the holder holds quota statutory fishing rights that would, in the absence of this section, entitle the holder to take an amount of fish of that