Document ID: chunk:federal_register_of_legislation:F2024C01024:front:0:p21
Version: federal_register_of_legislation:F2024C01024
Segment Type: other
Provision Reference: 
Character Range: 49170–51921

(a) (ii), the holder is taken to have taken:
 (a) during the first year, an amount of fish of the species mentioned in paragraph (1) (a) that is equal to the quota allocated to the quota statutory fishing rights for that species held by the holder in the first year; and
 (b) during the second year, an amount of fish of that species equal to the sum of:
 (i) the result of multiplying the holder's quota in the first year by the determined percentage for that species for the first year; and
 (ii) twice the amount by which the holder's overcatch in the first year exceeded the determined percentage for that species for the first year;
in addition to the amount actually taken by the holder in the second year.
23 Undercatch

         (1)  This section applies to a holder of a quota statutory fishing right if in a fishing year (the first year), the holder takes:
                               (a)    an amount of fish of a quota species that is less than the quota allocated to the quota statutory fishing rights for that species held by the holder in the fishing year; or
                                (b)   no fish of the quota species.

        (2)   The holder may, subject to other requirements of the plan, during the following year, take an amount of fish of the quota species mentioned in paragraph (1) that is the sum of:
                    (a)   the quota allocated to quota statutory fishing rights for that species held by the holder at the commencement of the fishing season; and
                    (b)   an amount equal to the lesser of:
                                      (i)  the difference between the amount of fish of that species taken by the holder in the first year and the quota allocated to the holder's quota statutory fishing rights for that species in that year; and
                                     (ii)   the result of multiplying the holder's quota for that species in the first year by the determined percentage for that species and year.
24 Determinations for this Division
 (1) AFMA must, no later than 31 March immediately before the commencement of a fishing year, determine amounts and percentages for sections 22, 22A and 23 for each quota species for the fishing year.
 (2) In determining an amount or percentage for a quota species, AFMA must have regard to the reference points for the species determined under section 9.
 (3) In determining an amount or percentage for a quota species for a fishing year, AFMA:
 (a) must consult with any relevant management advisory committee and have regard to any view expressed in that consultation; and
 (b) must take into account advice from the relevant resource assessment group about the stock status of a quota species; and
 (c) must take into account