sch.2B-sec.9Eligible person may apply for substituted eligible reported catch

sch.2B-sec.9 Eligible person may apply for substituted eligible reported catch

The eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6 (2) if— prescribed ENL-ITQ fish was not taken in the prescribed ENL management region under the eligible licence in 2, 3 or 4 prescribed years (each a nil history year ); and either of the following applies for each nil history year (each a substitution reason for the nil history year)— the eligible person did not take prescribed ENL-ITQ fish in the prescribed ENL management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ; the eligible person did not take fish in any commercial fishery because of the person’s illness or injury. The application must— be made in writing; and include details of, and evidence supporting, the substitution reason for each nil history year. If the eligible person applies for a substitution under subsection (1) , the chief executive must— substitute the chief executive’s decision under section 6 (2) ; or decide not to substitute the chief executive’s decision under section 6 (2) . However, the chief executive may substitute the chief executive’s decision under section 6 (2) only if the chief executive is satisfied there is a substitution reason for the nil history years. The person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the ENL-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the ENL-ITQ units for each of the prescribed years that were not nil history years. The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3) . In this section— prescribed number , of nil history years for an eligible person, means— if the eligible person has only 2 nil history years—1; or if the eligible person has 3 or 4 nil history years—2. (sch.2B-sec.9-ssec.1) The eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6 (2) if— prescribed ENL-ITQ fish was not taken in the prescribed ENL management region under the eligible licence in 2, 3 or 4 prescribed years (each a nil history year ); and either of the following applies for each nil history year (each a substitution reason for the nil history year)— the eligible person did not take prescribed ENL-ITQ fish in the prescribed ENL management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ; the eligible person did not take fish in any commercial fishery because of the person’s illness or injury. (sch.2B-sec.9-ssec.2) The application must— be made in writing; and include details of, and evidence supporting, the substitution reason for each nil history year. (sch.2B-sec.9-ssec.3) If the eligible person applies for a substitution under subsection (1) , the chief executive must— substitute the chief executive’s decision under section 6 (2) ; or decide not to substitute the chief executive’s decision under section 6 (2) . (sch.2B-sec.9-ssec.4) However, the chief executive may substitute the chief executive’s decision under section 6 (2) only if the chief executive is satisfied there is a substitution reason for the nil history years. (sch.2B-sec.9-ssec.5) The person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the ENL-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the ENL-ITQ units for each of the prescribed years that were not nil history years. (sch.2B-sec.9-ssec.6) The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3) . (sch.2B-sec.9-ssec.7) In this section— prescribed number , of nil history years for an eligible person, means— if the eligible person has only 2 nil history years—1; or if the eligible person has 3 or 4 nil history years—2.