Document ID: chunk:federal_register_of_legislation:F2024C01024:front:0:p16
Version: federal_register_of_legislation:F2024C01024
Segment Type: other
Provision Reference: 
Character Range: 37817–40193

regard to any view expressed in that consultation; and
 (b) may consider the views (if any) of any other interested person.
 (5) Subject to subsection (7), AFMA must, at least 28 days before a variation takes effect, give written notice of the variation to each holder of a fishing permit or boat statutory fishing right granted in relation to the fishery.
 (6) However, subject to subsection (7), if a variation of a TAC is made in an emergency:
 (a) subsections (4) and (5) do not apply; and
 (b) AFMA must, as soon as practicable, give written notice of the variation to each holder of a fishing permit or boat statutory fishing right granted in relation to the fishery.
 (7) If the TAC applies only to:
 (a) a particular method of fishing; or
 (b) a particular part of the area of the fishery;
AFMA is required to give a notice under subsection (5) or (6) only to the holder of each fishing permit or boat statutory fishing right that authorises the holder to fish using that method, or from that part of the area of the fishery, as the case may be.
Part 4 Right to fish in the fishery
Division 4.1 General
20 Who may fish in the fishery?
 (1) Subject to subsection (2), a person may fish in the fishery for a non‑quota species only if the person:
 (a) is, or is acting for, the holder of a fishing permit or boat statutory fishing right granted in relation to the fishery; and
 (b) uses a boat nominated for the purposes of the permit or right.
 (2) A person must not fish for a non‑quota species:
 (a) in the area of the fishery, if:
 (i) a TAC has been determined for the species, other than a TAC of a kind mentioned in subsection 15 (3); and
 (ii) a notice under section 18 has been given in relation to the TAC; or
 (b) in a part of the area of the fishery, if:
 (i) a TAC has been determined for the species, being a TAC that applies to that part of the area of the fishery; and
 (ii) a notice under section 18 has been given in relation to the TAC; or
 (c) using a particular method of fishing, if:
 (i) a TAC has been determined for the species, being a TAC that applies to that method; and
 (ii) a notice under section 18 has been given in relation to the TAC.
 (3) Subject to subsections (6), (7) and (7A) and section 21, a person may fish for a quota species in the fishery only if the person:
 (a) is, or is acting for, the holder of a quota statutory fishing