56Over-catch not more than 20%

56 Over-catch not more than 20%

(1)  Notwithstanding rules 10(2) and 15(3) , if the holder of a fishing licence (abalone dive) takes on a fishing trip an amount of abalone that exceeds his or her quota limit by not more than 20%, he or she does not commit an offence if he or she deals with the excess abalone in accordance with this rule.

(2)  An excess of abalone referred to in subrule (1) may be –

(a) given to another holder of a fishing licence (abalone dive) in accordance with subrules (6) , (7) and (8) ; or

(b) dealt with in accordance with subrule (9) or (10) .

(3)  The holder of a fishing licence (abalone dive) who receives abalone under this rule is, notwithstanding rules 10(2) and 15(3) , authorised to have possession of those abalone to the extent that they do not exceed his or her quota limit.

(4)  The holder of a fishing licence (abalone dive) who receives abalone under this rule must, when completing Part A of his or her commercial abalone dive docket, ensure that the amount of abalone received is declared as to be deducted from his or her quota limit as if he or she had taken those abalone.

Penalty:  Grade 3 penalty.

(5)  The holder of a fishing licence (abalone dive) must ensure that no abalone received under this rule is declared as to be deducted from abalone quota units held as fishing licence (abalone quota) unless the fishing licence (abalone quota) is endorsed to permit such a deduction.

Penalty:  Grade 2 penalty.

(6)  Before completing Part A of the commercial abalone dive docket, the holder of a fishing licence (abalone dive) may give an amount of abalone taken in excess of the quota limit to another holder of a fishing licence (abalone dive) if the licence holder receiving the abalone –

(a) is completing a commercial fishing trip for abalone; and

(b) is within the landing area of the licence holder who is giving the abalone; and