Document ID: chunk:federal_register_of_legislation:F2024C01024:front:0:p18
Version: federal_register_of_legislation:F2024C01024
Segment Type: other
Provision Reference: 
Character Range: 42221–44772

32 of the Act in relation to the grant of a fishing permit.
Note 2   See the Fisheries Management Regulations 2019 in relation to nomination of a boat for the purposes of a statutory fishing right.
Note 3   One boat only may be nominated for the purposes of a boat statutory fishing right at a particular time.
Note 4   See section 33 of the Act about the grant of a scientific permit.
21 Additional entitlement to account for undercatch in year before quota statutory fishing rights for a quota species come into force
 (1) This section applies if:
 (a) the holder of a fishing permit or a boat statutory fishing right is authorised to take an amount of fish of a quota species in the fishing year immediately before quota statutory fishing rights come into force for the quota species (the previous fishing year); and
 (b) the holder takes an amount of fish of that species that is less than the amount he or she is authorised to take.
 (2) AFMA must issue to the holder a fishing permit that authorises the holder to take, in the first fishing year in which quota statutory fishing rights are in force for that quota species (the first fishing year), an amount of that species equal to the lesser of:
 (a) the difference between the amount of fish of that species taken by the holder in the previous fishing year and the amount of that species that the holder was authorised to take in that fishing year; and
 (b) the result of multiplying the amount of that species that the holder was authorised to take in the previous fishing year by the determined percentage for that species.
 (3) Despite subsections 20 (3), in the first fishing year for a quota species, the holder of a fishing permit issued under subsection (2) for that species may take the amount of that species authorised by the fishing permit in addition to the holder's quota, if any, of that species for that year.
 (4) For paragraph (2) (b), the determined percentage, for a quota species, is a percentage of the amount of that species that a person was authorised to take in the previous fishing year , being the percentage specified in a determination made by AFMA for the purposes of this section for that species.
 (5) In determining a percentage for a quota species for the purposes of this section, 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