Document ID: chunk:federal_register_of_legislation:C2004A04649:body:0:p11
Version: federal_register_of_legislation:C2004A04649
Segment Type: other
Provision Reference: 
Character Range: 26101–28654

by writing under its common seal, delegate any powers conferred on it under a plan of management in accordance with paragraph (5A)(a) or (6)(aa) to the Managing Director of AFMA, but to no other person.".

Nature of a statutory fishing right

28. Section 21 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

"(1) For the purposes of this Act, each of the following rights is a separate statutory fishing right:

    (a) a right to take a particular quantity of fish, or to take a particular quantity of fish of a particular species or type, from, or from a particular area in, a managed fishery;

    (b) a right to a particular proportion of the fishing capacity that is permitted, by or under a plan of management, for, or for a part of, a managed fishery;

    (c) a right to engage in fishing in a managed fishery at a particular time or times, on a particular number of days, during a particular number of weeks or months, or in accordance with any combination of the above, during a particular period or periods;

    (d) a right to use a boat in a managed fishery for purposes stated in a plan of management;

  (e) a right to use particular fishing equipment in a managed fishery;

     (f) a right to use, in a managed fishery, fishing equipment that is of a particular kind, of a particular size or of a particular quantity or is a combination of any of the above;

  (g) a right to use a particular type of boat in a managed fishery;

     (h) a right to use a boat of a particular size or having a particular engine power, or of a particular size and having a particular engine power, in a managed fishery;

  (i) any other right in respect of fishing in a managed fishery.

"(1A) A plan of management for a fishery may do any one or more of the following:

    (a) provide for a statutory fishing right of a kind mentioned in paragraph (1)(a) even though, in a particular period, the quantity of fish to which the fishing right relates is nil or negligible;

    (b) provide for a statutory fishing right of a kind mentioned in paragraph (1)(b) even though the proportion of fishing capacity to which the fishing right relates would result in a nil or negligible quantity offish;

    (c) provide for a statutory fishing right of a kind mentioned in paragraph (1)(f) even though it may be impracticable to make or use fishing equipment of the size or quantity, or size and quantity, to which the fishing right relates;

    (d) provide for a statutory fishing right of a kind mentioned