40SAuthority holder not to contravene quota

40S Authority holder not to contravene quota

40S Authority holder not to contravene quota

(1) A commercial fishing authority holder must not—

(a) take fish, or use a fishing method, in contravention of the commercial fishing authority holder’s quota, or

(b) cause or permit any agent of the commercial fishing authority holder to take fish, or use a fishing method, in contravention of the commercial fishing authority holder’s quota.

Maximum penalty—1,000 penalty units (in the case of a corporation) or 500 penalty units (in any other case).

(2) An agent of a commercial fishing authority holder must not, while acting or purporting to act as agent for the commercial fishing authority holder—

(a) take fish, or cause or permit fish to be taken, in contravention of the commercial fishing authority holder’s quota, or

(b) use a fishing method, or cause or permit a fishing method to be used, in contravention of the commercial fishing authority holder’s quota.

Maximum penalty—500 penalty units.

(3) To avoid doubt, a contravention of a quota includes the taking of fish, or the use of a fishing method, in excess of the quota for the relevant fishing period.

(4) In this section, an agent of a commercial fishing authority holder means—

(a) a nominated fisher of the commercial fishing authority holder, or

(b) any employee of the commercial fishing authority holder.

ss 40P–40T: Ins 2015 No 59, Sch 1 [21].