54Recording, &c., of dead giant crabs

54 Recording, &c., of dead giant crabs

(1)  In this rule –

deemed weight, in relation to a dead giant crab, is the average weight of a legal-size giant crab as determined by the Secretary for the purposes of this definition.

(2)  This rule applies if the holder of a fishing licence (giant crab) finds any dead giant crab that are –

(a) on or from a fishing vessel; or

(b) in or from a fish cauf.

(3)  The holder of the fishing licence (giant crab) must, as soon as practicable after finding any dead giant crab –

(a) record, in the appropriate place on a commercial giant crab catch record and quota docket for the day of the find, the number of dead giant crab; and

(b) if that number is more than 5, advise a fisheries officer before the dead giant crab are removed from the fishing vessel or the immediate proximity of the fish cauf.

Penalty:  Grade 3 penalty.

(4)  Subject to subrule (5) , any dead giant crab found by the holder of the fishing licence (giant crab) –

(a) are taken to have been caught; and

(b) are to be deducted from any fishing quota unit balance, with the deduction being calculated on the deemed weight of each dead giant crab found.

(5)  Within 28 days after the date on which the holder of the fishing licence (giant crab) finds any dead giant crab, the licence holder may apply to the Secretary to have subrule (4) not apply to the dead giant crab specified in the application.

(6)  An application under subrule (5) is to –

(a) be in writing; and

(b) include any information or documents that the Secretary considers necessary.

(7)  On receiving an application under subrule (5) , the Secretary –