Document ID: chunk:federal_register_of_legislation:F2024C01047:body:0:p8
Version: federal_register_of_legislation:F2024C01047
Segment Type: other
Provision Reference: 
Character Range: 18050–20566

the person:
 (a) holds, or is acting on behalf of another person who holds, at least 25.5% of all the statutory fishing rights issued for the fishery; and
 (b) is using the boat that is nominated for the statutory fishing rights.
Note   Section 21 deals with the nomination of boats for statutory fishing rights.
13 Quantity of fish that may be taken
 (1) In a fishing year, a person who holds, or is acting on behalf of another person who holds, statutory fishing rights for the fishery area must not take from the fishery area an amount of Patagonian toothfish greater than the quota allocated to those rights for the fishing year.
 (2) The quota allocated to a statutory fishing right for a fishing year is worked out by dividing the total allowable catch in the fishing year by the total number of statutory fishing rights in force at the start of the fishing year.
 (3) In working out the quota allocation for a statutory fishing right in a fishing year, a statutory fishing right that is suspended under subsection 38 (1) or (3), or paragraph 98 (3) (d), of the Act is taken to be in force.
 (4) For subsection (1), a person may not take fish from the fishery unless the person holds statutory fishing rights with uncaught quota at least equal to the amount of fish taken.
 (5) For subsection (4):
uncaught quota, for a holder and at a time in a season, means the balance of quota, available on all the holder's statutory fishing rights, that remains after deducting the weight of Patagonian toothfish taken by the holder up to that time.
14 Overcatch
 (1) This subsection applies to a person if:
 (a) in a fishing year (the first year), the person takes an amount of Patagonian toothfish that exceeds, by no more than 10 tonnes, the quota allocated to the statutory fishing rights held by the person in the fishing year; 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, entitle the person to take an amount of fish at least equal to the amount by which the person exceeded the quota mentioned in paragraph (a).
 (2) If subsection (1) applies to a person, the person 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 is the amount of fish, in tonnes, the