40QAllocation of fishing determination to commercial fishing authority holders

#### 40Q Allocation of fishing determination to commercial fishing authority holders 40Q Allocation of fishing determination to commercial fishing authority holders > > (1) The Secretary may allocate a commercial fishing determination among commercial fishing authority holders. > > > (2) A commercial fishing determination is to be allocated only if— > > > > > (a) the regulations require the fishing determination to be allocated, or > > > > > (b) the Minister directs that the fishing determination be allocated. > > > (3) The regulations may provide for and, subject to the regulations, the Minister may direct— > > > > > (a) the extent to which a commercial fishing determination is to be allocated amongst commercial fishing authority holders (that is, whether the whole or part of a commercial fishing determination is to be allocated), and > > > > > (b) the commercial fishing authority holders, or class of commercial fishing authority holders, to whom an allocation is to be made, and > > > > > (c) the manner in which the commercial fishing determination (or any part of the fishing determination) is to be allocated. > > > > Note. > > > > A power to make regulations includes a power to include provisions in a management plan for a share management fishery with respect to that matter. See section 57. > > **ss 40P–40T:** Ins 2015 No 59, Sch 1 \[21\].