Document ID: chunk:federal_register_of_legislation:F2024C01021:front:0:p9
Version: federal_register_of_legislation:F2024C01021
Segment Type: other
Provision Reference: 
Character Range: 20039–22515

the time the fish are taken, the person holds statutory fishing rights with a combined uncaught quota at least equal to the amount of fish taken.
14 Overcatch
 (1) This subsection applies to a person if:
 (a) in a fishing year (the first year), the person takes an amount of fish of a target species that exceeds, by no more than 10 tonnes, the quota allocated to the statutory fishing rights held by the person in the fishing year; and
 (b) at the beginning of the following fishing year (the second year), the person holds statutory fishing rights that would, in the absence of this section, entitle the person to take an amount of fish of that species at least equal to the amount by which the person exceeded the quota mentioned in paragraph (a).
 (2) If subsection (1) applies to a person, the person is considered, for section 13, to have taken:
 (a) during the first year, an amount of fish equal to the quota allocated to the statutory fishing rights held by the person in the first year; and
 (b) during the second year, an amount of fish, in tonnes, according to the formula:
where:
amount is the amount of fish, in tonnes, the person is considered to have taken in the second year.
1st year take is the amount of fish, in tonnes, actually taken in the first year.
1st year quota is the quota, in tonnes, allocated to the statutory fishing rights held by the person in the first year.
2nd year take is the amount of fish, in tonnes, actually taken in the second year.
 (3) This subsection applies to a person if:
 (a) the person exceeds the person's quota, in the manner described in subsection (1), by more than 10 tonnes but not more than 20 tonnes; and
 (b) at the beginning of the following fishing year (the second year), the person holds statutory fishing rights that would, in the absence of this section, enable the person to take an amount of fish, in tonnes, at least equal to the amount computed according to the formula:
where:
amount is the amount computed according to the formula.
1st year take has the same meaning as in subsection (2).
1st year quota has the same meaning as in subsection (2).
2nd year take has the same meaning as in subsection (2).
 (4) A person to whom subsection (3) applies is considered, for section 13, to have taken:
 (a) during the first year, an amount of fish equal to the quota allocated to the statutory fishing rights held by the person in the first year; and
 (b) during the second year, an amount of fish, in tonnes,