Document ID: chunk:federal_register_of_legislation:F2024C01029:front:0:p11
Version: federal_register_of_legislation:F2024C01029
Segment Type: other
Provision Reference: 
Character Range: 24291–26999

description of the right;
 (c) that the right is granted for the fishery;
 (d) the conditions to which the right is subject.
 (2) A certificate may show the grant of more than 1 statutory fishing right to a person.
 (3) AFMA must give, to a person to whom a statutory fishing right is granted, an extract of the Register:
 (a) that states:
 (i) the conditions to which the right is subject; and
 (ii) the name and identification code of each nominated boat for the right; and
 (b) that is signed for AFMA by a person having authority to sign it.
Note   Section 45 of the Act provides that AFMA must enter certain information in the Register for each statutory fishing right that it grants, including such particulars as are prescribed. The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 prescribe details that must be entered in the Register in relation to each nominated boat for a statutory fishing right.
20 Expiry of boat statutory fishing rights
  Boat statutory fishing rights cease to have effect on 1 February 2007.

Division 4 Obligations of holders of statutory fishing rights
22 Other obligations of holders of statutory fishing rights
 (1) Subject to section 14, the holder of a statutory fishing right may engage in fishing for scallops in the fishery only during the fishing season.
 (2) It is a condition of a quota statutory fishing right that the holder must:
 (a) comply with this Management Plan; and
 (c) take reasonable precautions to ensure that the incidental catch of a species that the holder is not entitled to take is kept to a minimum; and
 (f) if AFMA asks the holder to give AFMA biological, economic or technical information, or biological samples available to the holder — give AFMA the information or samples; and
Note 1   Other conditions of a statutory fishing right are set out on the certificate for the right. These include size limits on the scallops that may be taken, reporting requirements and conditions regarding AFMA's vessel monitoring system.
Note 2   The holder of a statutory fishing right must also comply with relevant Regulations, including the Fisheries Management Regulations 2019, the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 and the annual levy Regulations.
Note 3   See section 42 of the Act about logbook requirements. If the holder of a statutory fishing right breaches the requirements, the holder could be issued with an infringement notice under the Regulatory Powers Act (as applied by section 98A of the Fisheries Management Act 1991) or the right could be suspended.
Note 4   See also subsections 22 (3), (4) and (5) of the Act for other conditions to which a statutory