Document ID: chunk:federal_register_of_legislation:F2024C01021:front:0:p8
Version: federal_register_of_legislation:F2024C01021
Segment Type: other
Provision Reference: 
Character Range: 17795–20260

for a determination that applies to one fishing year, must be made before the start of that fishing year; and
 (c) for a determination that applies to more than one fishing year, must be made before the start of the first fishing year to which it relates.
 (3) Before the beginning of each fishing year, AFMA must give to the holder of each statutory fishing right a notice stating the determined minimum quota for trawl methods.
 (4) If this provision comes into force during a fishing year, AFMA must make the determination for that fishing year within one month of this provision coming into force.

Part 3 Right to fish in the fishery

12 Who may fish in the fishery
  Subject to section 15, a person may fish in the fishery only if the person:
 (a) if using trawl methods, holds, or is acting for a person who holds, the minimum quota for trawl methods as determined by AFMA under subsection 11A (1) for each trawler; and
 (b) if using non‑trawl methods, holds, or is acting for a person who holds,  statutory fishing rights; and
 (c) in either case, is using the boat that is nominated for those fishing rights.
NOTE:  For example, if AFMA determines the minimum quota at 25.5%, a person would need to hold at least 51% to operate a second trawler.
13 Quantity of fish that may be taken
 (1) Subject to section 14, in a fishing year, a person who holds, or is acting on behalf of another person who holds, statutory fishing rights must not take from the area of the fishery an amount of fish of a target species greater than the quota allocated to those rights in relation to that species for the fishing year.
 (2) The quota allocated to a statutory fishing right for each target species and fishing year is worked out by dividing the total allowable catch for the species in the fishing year by the total number of statutory fishing rights in force for the species 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 take fish of a target species from the area of the fishery only if, at the time the fish are taken, the person holds statutory fishing rights with a combined uncaught quota at least equal to the amount of fish taken.
14 Overcatch
 (1) This subsection applies to a person if:
 (a) in a fishing