Document ID: chunk:federal_register_of_legislation:F2024C01024:front:0:p20
Version: federal_register_of_legislation:F2024C01024
Segment Type: other
Provision Reference: 
Character Range: 46879–49385

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 species at least equal to the amount by which the holder exceeded the quota mentioned in paragraph (a).
 (2) For subparagraph 20 (3) (a) (ii), the holder is taken to have taken:
 (a) during the first year, an amount of fish of the species mentioned in paragraph (1) (a) that is equal to the quota allocated to quota statutory fishing rights for that species held by the holder in the first year; and
 (b) during the second year, an amount of fish of that species equal to the amount by which the holder exceeded the quota allocated to the quota statutory fishing rights for that species held by the holder in the first year, in addition to the amount actually taken by the holder in the second year.
22A Overcatch — if determined percentage is 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 the quota allocated to the quota statutory fishing rights for that species held by the holder in the first year by:
 (i) a percentage not less than the determined percentage for that species for the first year; and
 (ii) an amount not greater than the sum of:
 (A) the result of multiplying the holder's quota in the first year by the determined percentage for that species for the first year; and
 (B) the determined amount for that species for 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 species at least equal to the sum of:
 (i) the result of multiplying the holder's quota for that species in the first year by the determined percentage for that species for the first year; and
 (ii) twice the amount by which the holder's overcatch in the first year exceeded the determined percentage for that species for the first year.
 (2) For subparagraph 20 (3) (a) (ii), the holder is taken to have taken:
 (a) during the first year, an amount of fish of the species mentioned in paragraph (1) (a) that is equal to the quota allocated to the quota statutory fishing rights for