21Deduction of excess catch from quota

21 Deduction of excess catch from quota

(1)  In this rule –

excess giant crab, for a fishing licence, has the same meaning as in rule 20 ;

licence quota unit balance, for a fishing licence, has the same meaning as in rule 20 .

(2)  This rule applies if the holder of a fishing licence (giant crab) –

(a) takes, or in State waters is in possession of, more giant crab than the fishing quota unit balance specified in the licence; and

(b) the number of giant crab so taken, or possessed in State waters, exceeds the licence quota unit balance specified in the licence by more than 30%.

(3)  The Minister may deduct the excess giant crab from –

(a) the fishing quota unit balance specified in the licence for the quota year during which the excess giant crab are taken or possessed; or

(b) the fishing quota unit balance specified in the licence for a subsequent quota year.

(4)  Nothing in this rule is to be taken as preventing any proceedings or other action from being taken in respect of the taking or possession of the excess giant crab.