Document ID: chunk:federal_register_of_legislation:F2024C01036:front:0:p17
Version: federal_register_of_legislation:F2024C01036
Segment Type: other
Provision Reference: 
Character Range: 38009–40591

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 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 statutory fishing rights 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, sub-area and a fishing season, means the percentage for that species, sub-area and season specified in a determination made by AFMA for this section.

Note   The percentage is intended to be a percentage of the quota allocated to the SFR for that species, sub-area and season held by a person for that season.
determined weight, for a quota species, sub-area and a fishing season, means the weight specified in a determination made by AFMA for this section.

Note   The weight is intended to be the weight of that species that may be taken in the sub‑area and season.

 (6) If AFMA determines a percentage for quota species for a fishing season under subsection (5), that percentage must not be greater than 10%.

 (7) For this section, a statutory fishing right 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.

Note   A determination under this section is a disallowable instrument: see subsection 17 (6B) of the Act.

30 Obligation relating to undercatch

 (1) This section applies to the holder of a statutory fishing right 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 that season; or
 (ii) no fish of a quota species; and
 (b) in the following fishing season (the second season), the holder holds 1 or more