Document ID: chunk:federal_register_of_legislation:F2024C01036:front:0:p15
Version: federal_register_of_legislation:F2024C01036
Segment Type: other
Provision Reference: 
Character Range: 33484–35970

AFMA under section 27.
 (d) the SFR holder has uncaught quota for the species in the sub-area or part of a sub-area.

26 Fishing in the fishery — non-quota species

 (1) This section applies if:
 (a) a person is, or is acting for, the holder of an SFR for the fishery; and
 (b) the person is permitted to fish in the fishery using:
 (i) the purse seine fishing method; or
 (ii) the mid-water trawl fishing method; or
 (iii) another fishing method determined by AFMA under section 27; and
 (c) the person fishes for a quota species in the fishery using 1 of those methods; and
 (e) if a TAC has been determined for the species under section 21 — AFMA has not issued a notice under section 24 for the species; and
 (f) the person incidentally catches an amount of non-quota species.

 (2) The person is permitted to take and keep the catch if:
 (a) the non-quota species is a species for which quota has been granted under another plan of management made under the Act; and
 (b) the SFR holder:
 (i) has quota to take that amount of the species under that plan; or
 (ii) obtains quota to take that amount of the species under that plan.

 (3) The person is permitted to take and keep the catch if the taking of the non‑quota species is not prohibited or limited by a determination made under section 21.

27 AFMA may determine fishing method

 (1) AFMA may determine a fishing method other than the purse seine or mid‑water trawl fishing methods for use by persons fishing in the fishery.

 (2) The determination must specify:
 (a) the fishing method, other than the purse seine or mid-water trawl method, that may be used by persons fishing in the fishery; and
 (b) the period for which the determination applies; and
 (c) if the determination applies to a sub-area or a part of a sub-area of the fishery — the sub-area or part of a sub-area.
 (d) the SFRs to which the determination applies.

28 Carrying, transhipping or processing fish

  A person must not use a boat to carry, tranship or process fish in accordance with this Management Plan unless:
 (a) the boat is:
 (i) specified in a fishing permit held by the person and granted under subsection 32 (1) of the Act; or
 (ii) nominated for a fishing permit held by the person under subsection 32 (1A) or (1B) of the Act; or
 (b) the person is:
 (i) the holder of a fishing permit for the fishery that authorises the use of the boat to carry, tranship or process fish in the fishery; or
 (ii) the holder of an SFR for which AFMA