Document ID: chunk:federal_register_of_legislation:F2013L01394:front:0:p8
Version: federal_register_of_legislation:F2013L01394
Segment Type: other
Provision Reference: 
Character Range: 21305–23873

Persons to whom this Plan does not apply
    (1)               This plan does not apply to a person who:
         (a) is engaged in recreational fishing (whether from a charter boat or otherwise); or
         (b) is engaged in traditional fishing.
NOTE: Traditional fishers are still subject to instruments made under section 16 of the Act.

Part 2 Fishing in the fishery

2.1 Who may fish in the fishery
(1) A person may fish commercially for finfish in the area of the fishery only if the person:
         (a) holds, or is acting on behalf of a person who holds:
             (i) a TSFF boat licence, a TSFF non-boat fishing licence, or a TSFF TPC licence that has a mackerel or reef line entry; or
             (ii) a treaty endorsement; and
         (b) is fishing as authorised by the licence.
    (2) A person may take fish in the fishery for developmental purposes only if the person:
    (a) holds a developmental permit; and
         (b) holds a TSFF boat licence or TSFF TPC licence and is fishing from a boat nominated to that licence; or
    (c) holds a TSFF non-boat licence.
    (3) A person may take fish in the fishery for scientific purposes only if the person holds a scientific permit.
    (4) If the PZJA has determined a TAC or TAE for the fishery, a person who fishes commercially must also hold unused units for the fishery, unless the TAC or TAE is a competitive TAC or competitive TAE.
    (5) If the PZJA has determined a competitive TAC or TAE for the fishery or part of the fishery, a person who fishes commercially must:
    (a) hold unused units for the fishery; or
    (b) be a member of a group to whom the competitive TAC or TAE has been allocated.
    (6) If a competitive TAC has been determined, the quantity of fish taken must not exceed the TAC.
    (7) If a competitive TAE has been determined, the amount of effort expended must not exceed the TAE.
    (8) If a person uses part of a unit, the person is taken to have used a whole unit.

2.2 What fish can be taken
     (1) If a TSFF boat licence has a reef line entry, the boat identified in the licence may take reef fish.
     (2) If a TSFF boat licence has a mackerel entry, the boat identified in the licence may take mackerel.
     (3) If a TSFF non-boat licence has a reef line entry, the holder of the licence may take reef fish.
     (4) If a TSFF non-boat licence has a mackerel entry, the holder of the licence may take mackerel.
     (5) This section applies subject to any determination the PZJA makes under section 16 of the Act.

2.3 Prohibited fish species