Document ID: chunk:federal_register_of_legislation:F2024C01036:front:0:p14
Version: federal_register_of_legislation:F2024C01036
Segment Type: other
Provision Reference: 
Character Range: 31185–33700

non-quota species for a sub-area or part of a sub-area of the fishery for a season, AFMA:
 (a) must consult with the advisory committee and have regard to any view expressed in that consultation; and
 (b) must take into account:
 (i) advice from the relevant resource assessment group about the stock status of the species; and
 (ii) the Harvest Strategy for the species established under section 15; and
 (iii) all fishing mortality of the species for which the determination is being made from all sub-areas within the fishery and overlapping or adjacent fisheries for the species; and
 (iv) the ecological implications of taking the amount of the species; and
 (v) the distribution, population and structure of the species; and
 (vi) the precautionary principle; and
 (c) may consider the views (if any) of any other interested person.

23 Notice of TAC — non-quota species

  As soon as practicable after AFMA determines a TAC for a non-quota species and sub-area or part of a sub-area for a period, AFMA must give to each SFR holder for the sub-area or part of a sub-area a written notice stating:
 (a) the species; and
 (b) the amount of the species that may be taken under the TAC; and
 (c) the period for which the TAC applies; and
 (d) the sub-area or a part of a sub-area to which the TAC applies.

24 Notice that TAC taken — non-quota species

 (1) This section applies if:
 (a) AFMA has determined a TAC for a non-quota species or a sub-area or part of a sub-area of the fishery for a period; and
 (b) the amounts of a species that may be taken under the TAC has been taken.

 (2) As soon as practicable, AFMA must give each SFR holder for the TAC written notice stating that the species must no longer be taken from the sub‑area or part of the sub-area during the period that the TAC is in force.

Part 4  Right to fish in the fishery

Division 4.1 General

25 Fishing in the fishery — quota species

  A person must not fish for a quota species in the fishery unless:
 (a) the person is, or is acting for, the holder of an SFR that authorises fishing for the quota species in a sub-area or part of a sub-area of the fishery; and
 (c) the person uses:
 (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.
 (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