Document ID: chunk:federal_register_of_legislation:F2024C01047:body:0:p9
Version: federal_register_of_legislation:F2024C01047
Segment Type: other
Provision Reference: 
Character Range: 20346–22812

allocated to the statutory fishing rights held by the person in the first year; and
 (b) during the second year, an amount of fish, in tonnes, according to the formula:
where:
amount is the amount of fish, in tonnes, the person is considered to have taken in the second year.
1st year take is the amount of fish, in tonnes, actually taken in the first year.
1st year quota is the quota, in tonnes, allocated to the statutory fishing rights held by the person in the first year.
2nd year take is the amount of fish, in tonnes, actually taken in the second year.
 (3) This subsection applies to a person if:
 (a) the person exceeds the person's quota, in the manner described in subsection (1), by more than 10 tonnes but not more than 20 tonnes; and
 (b) at the beginning of the following fishing year (the second year), the person holds statutory fishing rights that would, in the absence of this section, enable the person to take an amount of fish, in tonnes, at least equal to the amount computed according to the formula:
where:
amount is the amount computed according to the formula.
1st year take has the same meaning as in subsection (2).
1st year quota has the same meaning as in subsection (2).
2nd year take has the same meaning as in subsection (2).
 (4) A person to whom subsection (3) applies is considered, for section 13, to have taken:
 (a) during the first year, an amount of fish equal to the quota allocated to the statutory fishing rights held by the person in the first year; and
 (b) during the second year, an amount of fish, in tonnes, according to the formula:
where:
amount has the same meaning as in subsection (2).
1st year take has the same meaning as in subsection (2).
1st year quota has the same meaning as in subsection (2).
2nd year take has the same meaning as in subsection (2).
 (5) This subsection applies to a person if the person exceeds the person's quota, in the manner described in subsection (1), by more than 20 tonnes.
 (6) A person to whom subsection (5) applies is considered, for section 13, during the second year, to have taken an amount of fish according to the formula set out in paragraph (4) (b).
 (7) To avoid any doubt, in a case to which subsection (5) applies the person is still considered to have taken, in the first year, the amount of fish actually taken in that year, as well as being considered to have taken an additional amount in the second year.
15 Right to use a boat for scientific research
 (1)