Document ID: chunk:federal_register_of_legislation:F2024C01036:front:0:p16
Version: federal_register_of_legislation:F2024C01036
Segment Type: other
Provision Reference: 
Character Range: 35768–38226

(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 has authorised the person to use the boat to carry, tranship or process fish in the fishery.

Division 4.2 Overcatch and undercatch

29 Obligation relating to overcatch

 (1) Subsection (2) applies to the holder of a quota SFR for a quota species if:
 (a) in a season (the first season), the holder takes (or is taken, by a previous application of this section, to have taken) a weight of fish of the quota species that exceeds, by a percentage less than the determined percentage, the holder's quota for that species for the season; and
 (b) at the end of the last day of the second month of the following season (the second season), the holder holds statutory fishing rights that would, in the absence of this section, entitle the holder to take a weight of fish of that species at least equal to the weight by which the holder exceeded the quota mentioned in paragraph (a).

 (2) The holder is taken to have taken:
 (a) during the first season, a weight of fish of the quota species mentioned in paragraph (1) (a) that is equal to the quota allocated to the SFR held by the holder in the first season; and
 (b) during the second season, a weight of fish of that species equal to the weight by which the holder exceeded the quota of that species allocated to the holder in the first season, in addition to the weight actually taken by the holder in the second season.

 (3) Subsection (4) applies to the holder of a statutory fishing right for a quota species if:
 (a) in a season (the first season), the holder takes (or is taken, by a previous application of this section, to have taken) a weight of fish of the quota species that exceeds the holder's quota for that species in the season by:
 (i) at least the determined percentage; and
 (ii) an amount equal to or less than the sum of:
 (A) the result of multiplying the holder's quota in the first season by the determined percentage; and
 (B) the determined weight; and
 (b) at the end of the last day of the second month of the following season (the second season), the holder holds statutory fishing rights that would, in the absence of this section, entitle the holder to take a weight of fish of that species at least equal to the sum of:
 (i) the result of multiplying the holder's quota in