122Records to be made by employers of commercial fishers

#### 122 Records to be made by employers of commercial fishers 122 Records to be made by employers of commercial fishers > > (1) A fishing employer must make such records as the regulations require in respect of fishing activities engaged in by a nominated fisher on behalf of the fishing employer. > > > (2) In particular, the regulations may require a record to be made of the following— > > > > > (a) particulars of all fishing activities engaged in by a nominated fisher on behalf of the fishing employer (including those where no fish were taken), > > > > > (b) particulars of all fish taken during those fishing activities, > > > > > (c) the location in which the fishing activities were carried out, > > > > > (d) the fishing gear used in connection with the fishing activities, > > > > > (e) any period in which the nominated fisher did not engage in any fishing activities on behalf of the fishing employer. > > > (3) The record must be made in such form and manner as is prescribed by the regulations or (subject to the regulations) as is approved by the Minister. > > > (4) A fishing employer who fails to make a record as required by this section is guilty of an offence. > > > > Maximum penalty—In the case of a corporation, 500 penalty units or, in any other case, 200 penalty units. > > > (5) A nominated fisher who engages in any fishing activity on behalf of a fishing employer must not fail to provide the fishing employer with such information concerning those activities as the fishing employer may reasonably require to comply with this section. > > > > Maximum penalty—200 penalty units. > > > (6) A fishing employer who is required to make a record under this section must, if the regulations so require, ensure that a copy of the record is sent to the Secretary— > > > > > (a) in a form and manner prescribed by the regulations or (subject to the regulations) approved by the Secretary, and > > > > > (b) within such period as the regulations prescribe. > > > > Maximum penalty—10 penalty units. > > > (7) In this section— > > > > fishing employer means a shareholder in a share management fishery, an owner of a fishing business, or any other person, who nominates a commercial fisher to take fish in a fishery on behalf of the shareholder, owner or other person. > > > > nominated fisher of a fishing employer means a commercial fisher who is for the time being nominated by the fishing employer under this Act or the regulations to take fish in a fishery on behalf of the fishing employer. > > **s 122:** Subst 2006 No 18, Sch 1 \[25\]. Am 2015 No 59, Sch 1 \[67\].