Document ID: chunk:federal_register_of_legislation:F2024C01024:front:0:p14
Version: federal_register_of_legislation:F2024C01024
Segment Type: other
Provision Reference: 
Character Range: 33223–35848

statutory fishing right for each quota species for a fishing year is worked out by dividing the TAC for the species for the fishing year by the total number of quota statutory fishing rights in force for the species at the start of the fishing year.
Division 3.2 Total allowable catch — non‑quota species
14 Purpose of Division 3.2
  This Division describes how total allowable catch may be determined for a non‑quota species.
15 Determination of TAC
 (1) AFMA may determine a TAC for a non‑quota species for a period specified in the determination.
 (2) In determining a TAC for a non‑quota species, AFMA must have regard to the reference points (if any) determined for the species under section 9.
 (3) AFMA may determine specific TACs for a non‑quota species for:
 (a) particular methods of fishing; or
 (b) particular parts of the area of the fishery.
 (4) A determination of TAC must specify:
 (a) the TAC, expressed in:
 (i) whole weight; or
 (ii) other weight, as specified in the determination; and
 (b) the period for which the TAC applies; and
 (c) if the TAC applies only to a part of the area of the fishery — that part; and
 (d) if the TAC applies only to particular methods of fishing — those methods; and
 (e) the fishing concessions to which the TAC applies.
Note   A determination under this section is a disallowable instrument: see subsection 17 (6B) of the Act.
16 Consultation and matters that must be taken into account
  In determining a TAC for a non‑quota species, AFMA:
 (a) must consult with any relevant management advisory committee and have regard to any view expressed in that consultation; and
 (b) must take into account advice from the relevant resource assessment group about the stock status of a non‑quota species; and
 (c) must take into account:
 (i) all fishing mortality from all sectors within the fishery and overlapping or adjacent fisheries for the species; and
 (ii) the ecological implications of harvesting the TAC; and
 (iii) the distribution and population structure of the species; and
 (iv) the precautionary principle; and
 (d) may consider the views (if any) of any other interested person.
17 Notice of TAC
 (1) Subject to subsection (2), as soon as practicable after determining a TAC for a non‑quota species for a period, AFMA must give to the holder of each fishing permit or boat statutory fishing right granted in relation to the fishery a written notice stating:
 (a) the species; and
 (b) the TAC for the species; and
 (c) the period for which the TAC applies; and
 (d) whether the TAC applies to the whole area of the fishery and, if not, the part of the area of