Document ID: chunk:federal_register_of_legislation:F2024C01024:front:0:p17
Version: federal_register_of_legislation:F2024C01024
Segment Type: other
Provision Reference: 
Character Range: 39987–42436

TAC.
 (3) Subject to subsections (6), (7) and (7A) and section 21, a person may fish for a quota species in the fishery only if the person:
 (a) is, or is acting for, the holder of a quota statutory fishing right, granted in relation to the fishery, that:
 (i) authorises the holder to take fish of that species; and
 (ii) has uncaught quota for the current fishing year; and
 (b) is, or is acting for:
 (i) the holder of a boat statutory fishing right granted in relation to the fishery; or
 (ii) the holder of a fishing permit that authorises the holder to take fish of a non‑quota species from the fishery; and
 (c) uses a boat nominated for the purposes of the right or permit mentioned in paragraph (b).
Note   The amount of fish of a species that a holder is taken to have taken may be affected by the overcatch and undercatch provisions of this Management Plan: see sections 22, 22A and 23.
 (6) The holder, or a person acting for the holder, of a GAB Trawl boat statutory fishing right may take fish of a quota species mentioned in items 1 to 4, or 6 to 16, of Schedule 2 in the Commonwealth GAB Trawl Sector without holding a quota statutory fishing right for that species.
 (7) The holder, or a person acting for the holder, of a fishing permit that authorises trawling in the Victorian Coastal Waters Sector may take fish of a quota species mentioned in items 21 to 24 of Schedule 2 in that Sector in accordance with conditions of the permit relating to by‑catch.
 (7A) The holder, or a person acting for the holder, of:
 (a) a trawl boat statutory fishing right; or
 (b) a gillnet boat statutory fishing right; or
 (c) a scalefish hook boat statutory fishing right; or
 (d) a shark hook boat statutory fishing right; or
 (e) a trap fishing permit granted under section 42;
may, in the Commonwealth GAB Trawl Sector, take fish of a species mentioned in items 26 to 28 of Schedule 2 without holding a quota statutory fishing right for that species.
 (9) A person may use a boat in the area of the fishery for scientific research about the fishery only if the person is, or is acting for, the holder of a scientific permit that authorises the use of the boat in the area of the fishery for that purpose.
Note 1   See section 32 of the Act in relation to the grant of a fishing permit.
Note 2   See the Fisheries Management Regulations 2019 in relation to nomination of a boat for the purposes of a statutory fishing right.
Note 3   One boat