Document ID: chunk:federal_register_of_legislation:F2013L01394:front:0:p12
Version: federal_register_of_legislation:F2013L01394
Segment Type: other
Provision Reference: 
Character Range: 30884–33572

habitat; and
         (b) urgent action needs to be taken to deal with the threat.
    (3) In changing the TAC or TAE, the PZJA may have regard to the amount of finfish taken in the fishery by non-commercial fishing.
    (4) Before changing the TAC or TAE, the PZJA:
         (a) will consult the TSFMAC; and
         (b) may consult other interested persons.
    (5) A determination increasing or reducing the TAC or TAE must:
         (a) set out the new TAC or TAE, and the period for which it is to be in force; and
         (b) set out the reasons for the change.

3.6 Publication of TAC and TAE
    (1) A determination under section 3.1, 3.2, 3.3, 3.4 or 3.5 must be published as soon as practicable on the PZJA website and, if practicable, notified to all holders of TSFF licences and endorsements.

3.7 Allocation of Units of Fishing Capacity
    (1) The PZJA must determine a maximum number of units of fishing capacity for the fishery before it first determines a TAC or TAE for the fishery.
    (2) The PZJA may:
         (a) allocate units to:
             (i) individual traditional inhabitants who hold TSFF boat licences or TSFF non-boat licences; or
             (ii) groups formally representing traditional inhabitants; and
         (b) hold a number of units on behalf of Treaty endorsement holders.
    (3) The PZJA may allocate further units at any time.
    (4) Before allocating units, the PZJA will consult the TSFMAC on appropriate allocation processes to determine an appropriate allocation formula.
    (5) A unit cannot permanently be held by a person who is not a traditional inhabitant or a group.
    (6) The number of units held on behalf of Treaty endorsement holders will be determined as set out in article 23 of the Treaty.

3.8 Certificate of allocation of Units of Fishing Capacity
    (1) After the PZJA allocates units to a person or group, the PZJA will give the holder a certificate setting out the person's name and the number of units the person holds.
    (2) If a certificate issued by the PZJA for an allocation is lost, stolen or destroyed or units have been transferred, the PZJA may issue a replacement certificate.

3.9 Value of Units of Fishing Capacity
    (1) If the PZJA has determined a TAC for the fishery, the value of a unit for the period for which the TAC applies will be expressed in kilogram amounts of whole weight, using the following formula:

     unit value = TAC divided by the sum of all units.

    (2) If the PZJA has determined a TAE for the fishery, the value of a unit of fishing capacity for the period for which the TAE applies will be expressed in terms of whole fishing days, using the following formula: