57Over-catch more than 20%

57 Over-catch more than 20%

(1)  In this rule –

specified period means –

(a) 30 days after the licence holder has been notified by the Secretary that the licence holder has excess abalone for that quota period; or

(b) such longer period, if any, as the Secretary determines.

(2)  This rule applies if the holder of a fishing licence (abalone dive) –

(a) [Rule 57 Subrule (2) amended by S.R. 2019, No. 63, Applied:01 Nov 2019] takes on a fishing trip an amount of abalone that exceeds the licence holder’s quota limit by more than 20% but not by more than 30%; or

(b) the abalone in excess of 20% of the licence holder's quota limit weighs less than 20 kilograms.

(3)  Notwithstanding rules 10(2) and 15(3) , the holder of a fishing licence (abalone dive) referred to in subrule (2) does not commit an offence if he or she, within the specified period, pays to the Crown in respect of the excess abalone an amount equal to twice the last beach price for the excess abalone calculated in accordance with the Fisheries (General and Fees) Regulations 2016 .