Document ID: chunk:federal_register_of_legislation:F2024C01053:front:0:p9
Version: federal_register_of_legislation:F2024C01053
Segment Type: other
Provision Reference: 
Character Range: 20246–22933

reference points are being used. When improved monitoring yields more accurate information, the provisional reference points will be revised.
Note 2   Other ecosystem requirements in this Management Plan are included in section 38 (Obligations of holders of SFRs).
11 AFMA to determine TACC (Act s 17 (6))
 (1) AFMA must, before the start of each fishing season, determine the TACC for each quota species for the season, and during the course of the season, must determine:
 (a)  the determined weight or the determined percentage (or both) for the purposes of section 18; and
 (b) the determined percentage for the purposes of section 19.
 (2) Before determining any of the matters referred to in subsection (1), AFMA must consider:
 (a) information given by the advisory committee, other interested Australian and international bodies and other interested persons; and
 (b) the total estimated catch by the commercial, recreational, indigenous and any other users of the fishery; and
 (c) information about the sustainability of marine species in the area of the fishery; and
 (d) the reference points set for the stocks of quota species; and
 (e) the precautionary principle; and
 (f) any decision made by the Minister or an intergovernmental Ministerial Council about resource sharing in the fishery; and
 (g) any decision rule used for setting the TACC; and
 (h) the likely effect, for the fishing season, of any overcatch permitted under section 18.
 (3) A determination of a TACC must specify the TACC, expressed as:
 (a) whole weight; or
 (b) another weight, as specified in the determination.
 (4) If a determination of a TACC for a quota species and a fishing season is revoked or disallowed, the TACC for that species for the immediately preceding fishing season is taken to be the TACC for that species for the fishing season.
Note 1   AFMA may determine the fishing capacity permitted for the fishery — see paragraph 17 (6) (aa) of the Act.
Note 2   Subsection 17 (6B) of the Act provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.  Although section 46A of the Acts Interpretation Act 1901 has been repealed, section 6 of the Legislative Instruments Act 2003 provides that such an instrument is a disallowable instrument.
12 Quantity of fish that may be taken
  The quota for an SFR for a quota species for a fishing season is:
where:
T is the TACC for the species for the fishing season.
S is the total number of SFRs in force for the species at the start of the fishing season.
13 AFMA to notify TACC and quota
  Before the start of each fishing season, AFMA must send a notice