40CWho makes fishing determinations

#### 40C Who makes fishing determinations 40C Who makes fishing determinations > > (1) A fishing determination may be made by either the TAF Committee or the Secretary. > > > (2) If the regulations require a fishing determination to be made, they may also specify whether the TAF Committee or the Secretary is to make the fishing determination. > > > (3) If the regulations do not specify who is to make a fishing determination required by the regulations, the Minister may direct either the TAF Committee or the Secretary to make the fishing determination, subject to this section. > > > (4) The Minister is to direct the Secretary to make a fishing determination that is required by the regulations only if the Minister considers it expedient for the Secretary to make the fishing determination because— > > > > > (a) there is in existence a scientific assessment of the species of fish, fishery or fishing method concerned that, in the opinion of the Minister, is relevant, robust and sufficiently recent to allow a determination to be made, and > > > > > (b) to require the TAF Committee to make the fishing determination would involve an unnecessary duplication of that assessment. > > > (5) For any fishing determination that is not required by the regulations, the Minister may direct the fishing determination to be made by either the TAF Committee or the Secretary. > > **pt 2A, divs 1–3 (ss 40A–40O):** Ins 2015 No 59, Sch 1 \[21\].