Document ID: chunk:federal_register_of_legislation:F2024C01067:front:0:p11
Version: federal_register_of_legislation:F2024C01067
Segment Type: other
Provision Reference: 
Character Range: 24690–27205

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 fishing season (the second season), the holder holds quota that would, apart from 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 the first season by the determined percentage; and
 (ii) twice the amount by which the holder's overcatch in the first season exceeded the determined percentage.
 (4) The holder is taken to have taken:
 (a) during the first season, a weight of fish of the quota species mentioned in paragraph (3)(a) that is equal to the quota allocated to the quota SFRs held by the holder in the first season; and
 (b) during the second season, a weight of fish of that species equal to the sum of:
 (i) the result of multiplying the holder's quota in the first season by the determined percentage; and
 (ii) twice the amount by which the holder's overcatch in the first season exceeded the determined percentage,
  in addition to the weight actually taken by the holder in the second season.
 (5) In this section:
        * determined percentage, for a quota species and a fishing season, means a percentage of the quota allocated to the quota SFR for that species held by a person for that season, specified in a determination made by AFMA for the purposes of this section for that species and season.
        * determined weight, for a quota species and a fishing season, means the weight of that species specified in a determination made by AFMA for the purposes of this section for that species and season.
 (6) For this section, a quota SFR holder's overcatch of a quota species in a fishing season is the weight of fish of that species taken by the holder in the season that exceeds the holder's quota for that species for the season.
4.6 Obligations relating to undercatch
 (1) This section applies to the holder of a quota SFR if:
 (a) in a fishing season (the first season), the holder takes:
 (i) an amount of a quota species that is less than the quota for that species allocated to the SFRs held by the holder in the fishing season; or
 (ii) no fish of a quota species; and
 (b) in the