Document ID: chunk:federal_register_of_legislation:F2013L01394:front:0:p11
Version: federal_register_of_legislation:F2013L01394
Segment Type: other
Provision Reference: 
Character Range: 28478–31115

identified; and
         (c) the rules for fishing under a competitive TAC.

3.3 Determination of total allowable effort (TAE)
    (1) The PZJA may determine the total allowable effort (TAE) for a finfish species for the fishery.
    (2) The TAE may be for:
         (a) a season, or several consecutive seasons; and
         (b) the area of the fishery or part of the area of the fishery.
    (3) In determining the TAE, the PZJA may have regard to the amount of finfish taken in the fishery by non-commercial fishing.
    (4) If the PZJA determines a TAE for a species, the total amount of effort expended in that season must not exceed the TAE.
    (5) Before determining the TAE, the PZJA:
    (a) will consult the TSFMAC; and
         (b) may consult other interested persons.
     (6) A determination of TAE must specify:
         (a) the TAE, expressed in terms of whole fishing days; and
         (b) the period for which the TAE applies; and
         (c) if the TAE applies only to a part of the area of the fishery – that part.

3.4 Competitive TAE
    (1) The PZJA may determine that a TAE or part of a TAE is to be a competitive TAE.
    (2) Subsections 3.3 (2)-(6) apply to the determination of a competitive TAE.
    (3) A competitive TAE is to be allocated to a group.
    (4) If a competitive TAE is allocated to a group:
    (a) the units of fishing capacity are held by the group; and
         (b) the persons represented by the group who are entitled under section 2.1 to fish in the fishery may fish in the fishery; and
         (c) the persons represented by the group may fish until the competitive TAE allocated to the group has been reached.
    (5) The PZJA will determine:
         (a) how a competitive TAC is to be allocated; and
         (b) how the persons represented by the group are to be identified; and
         (c) the rules for fishing under a competitive TAC.

3.5 Change of TAC and TAE
    (1) The PZJA may by determination increase the TAC or TAE if:
         (a) there is evidence that there will be no substantial increase in the impact of fishing on the fishery; and
         (b) the increase would be consistent with the objectives of the Act and this Plan.
    (2) The PZJA may by determination reduce the TAC or TAE before the fishing season begins if it is satisfied that:
         (a) there exists a threat to the fishery's resources or to a fish or fish habitat; and
         (b) urgent action needs to be taken to deal with the threat.
    (3) In changing the TAC or TAE, the PZJA may have regard to the amount of finfish taken in the fishery by non-commercial fishing.
    (4) Before