Fisheries (Commercial Fisheries) Regulation 2019
sec.82Location not detected or reported
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sec.82 Location not detected or reported
This section applies if at any time during a day (the relevant time )— section 80 of the Act applied to the use, in a trawl region, of the primary boat identified in a trawl licence; and the boat is not detected by vessel tracking equipment anywhere; and the boat’s location is not manually reported. The absence of the detection or manual report is evidence that the boat was used at the relevant time for effort units for the trawl region. Under section 70 (4) , a boat used in any part of a day is taken to be used for the whole of the day for working out usage of effort units. However, subsection (2) does not apply if the chief executive decides on information provided by the holder of the licence that the boat was not used in the trawl region at the relevant time. As soon as practicable after making a decision under subsection (3) , the chief executive must give each person to whom the decision relates an information notice about the decision. s 82 amd 2020 SL No. 236 ss 8 , 140 (sec.82-ssec.1) This section applies if at any time during a day (the relevant time )— section 80 of the Act applied to the use, in a trawl region, of the primary boat identified in a trawl licence; and the boat is not detected by vessel tracking equipment anywhere; and the boat’s location is not manually reported. (sec.82-ssec.2) The absence of the detection or manual report is evidence that the boat was used at the relevant time for effort units for the trawl region. Under section 70 (4) , a boat used in any part of a day is taken to be used for the whole of the day for working out usage of effort units. (sec.82-ssec.3) However, subsection (2) does not apply if the chief executive decides on information provided by the holder of the licence that the boat was not used in the trawl region at the relevant time. (sec.82-ssec.4) As soon as practicable after making a decision under subsection (3) , the chief executive must give each person to whom the decision relates an information notice about the decision.
- (a) section 80 of the Act applied to the use, in a trawl region, of the primary boat identified in a trawl licence; and
- (b) the boat is not detected by vessel tracking equipment anywhere; and
- (c) the boat’s location is not manually reported.