Document ID: chunk:federal_register_of_legislation:F2024C01036:front:0:p12
Version: federal_register_of_legislation:F2024C01036
Segment Type: other
Provision Reference: 
Character Range: 26386–29069

AFMA must consider making such amendments or changes.

Note   Obligations are placed on the holders of SFRs under section 50 (General obligations) to ensure that by-catch is kept to a minimum.

15 Harvest Strategy

 (1) As soon as practicable after the commencement day, AFMA must establish, for each quota species, a Harvest Strategy.

 (2) AFMA may review the Harvest Strategy to ensure that it remains appropriate for maintaining ecologically viable stocks of the quota species and an ecologically sustainable fishery.

 (3) AFMA may establish, for a non-quota species, a Harvest Strategy that is appropriate for maintaining ecologically viable stocks of those species and an ecologically sustainable fishery.

Note   Further ecosystem safeguards are contained in requirements under Part 3 (Total allowable catch).

Part 3 Total allowable catch

Division 3.1 Total allowable catch — quota species

16 Purpose of Division 3.1

  This Division sets out the requirements for the determination of total allowable catch for a quota species.

17 Determination of TAC — quota species

 (1) AFMA must determine a TAC for each quota species for a sub-area of the fishery and for a season before the start of the season.

 (2) AFMA may determine a TAC for each quota species for a part of the sub‑area and for a season.

 (3) AFMA must calculate the quota of a quota species that is to be allocated to an SFR holder for a sub-area or part of a sub-area of the fishery, by dividing the TAC for the quota species by the total number of SFRs in force for the species in the sub-area, or part of the sub-area, on the day on which the TAC was determined.

 (4) AFMA must specify in the determination:
 (a) the amount of the species that may be taken, expressed in:
 (i) whole weight; or
 (ii) other weight, as specified in the determination; and
 (b) the sub-area to which the determination applies; and
 (c) if the determination specifies TAC for a part of a sub-area — that part of the sub-area.

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

18 Consultation and matters that must be taken into account

  In determining a TAC for a 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 quota species; and
 (ii) the Harvest Strategy for the species established under section 15; and
 (iii) all fishing mortality of the quota species for which the determination is made