Document ID: chunk:federal_register_of_legislation:F2024C01021:front:0:p14
Version: federal_register_of_legislation:F2024C01021
Segment Type: other
Provision Reference: 
Character Range: 31631–34268

the MAC and the RAG; and
 (b) assess the stock of the species in the area of the fishery, and be satisfied that the species can be harvested in a sustainable manner.
21 Conditions for registration — additional target species (Act s 26)
 (1) Subsection (2) applies if AFMA publishes a notice, under section 24 of the Act, declaring that AFMA intends to grant statutory fishing rights for a species mentioned in Schedule 3.
 (2) The condition for registration as an eligible person for the grant of statutory fishing rights for the species mentioned in the notice is that the person owns a statutory fishing right, or statutory fishing rights, for an existing target species.
Note 1   See section 24 of the Act about publication of a notice by AFMA declaring that AFMA intends to grant statutory fishing rights for fishing in a managed fishery.
Note 2   An application for registration as an eligible person for the grant of a statutory fishing right must be made within the period stated in a notice published under section 24 of the Act:  see paragraph 25 (f), and subsection 26 (1), of the Act.
Note 3   Under subsection 26 (2) of the Act, AFMA must register as an eligible person an applicant for registration who meets the conditions for registration and who has paid the prescribed fee (if any).  At present there is no prescribed fee.
Note 4   A decision under subsection 26 (2) of the Act is subject to reconsideration under section 165 of the Act:  see subsection 165 (2).  Application may be made to the Administrative Review Tribunal for review of a decision under section 165 of the Act:  see subsection 165 (7).
22 Provisional grants — additional target species (Act s 23)
 (1) If AFMA makes a declaration under section 20 in relation to a species, AFMA must make a provisional grant, of the number of statutory fishing rights for that species worked out in accordance with subsections (2) and (3), to each person who owns statutory fishing rights for an existing target species when AFMA makes the declaration.
 (2) The total number of statutory fishing rights granted under this section for a species must equal the average of the total number of statutory fishing rights owned for each existing target species when AFMA makes the declaration.
 (3) The statutory fishing rights for the additional target species must be allocated to each person who owns statutory fishing rights for an existing target species in proportion to the total number of statutory fishing rights that the person owns when AFMA makes the declaration.
23 Request for grant — additional target species (Act s 31)
  If AFMA makes a provisional grant of