68Endorsements on licences

#### 68 Endorsements on licences 68 Endorsements on licences > > (1) The Minister may endorse a commercial fishing licence for the taking of fish in a share management fishery. > > > (2) (Repealed) > > > (3) A licence may be so endorsed only if— > > > > > (a) the licensee is the holder of shares in the share management fishery or is duly nominated by that holder to take fish on behalf of that holder, and > > > > > (b) the shareholder has not less than the minimum shareholding in the share management fishery, or the minimum such shareholding for the class of shares concerned (if the management plan for the fishery fixes such minimums), and > > > > > (c) any community contribution, management charge or other amount due and payable by the holder under this Part has been paid. > > > (4) The licence of the holder of shares may not be endorsed if the holder has duly nominated some other commercial fisher to take fish on behalf of that holder. This subsection is subject to the management plan for the fishery. > > > (4A) The licence of the holder of shares (or of a person nominated by the holder) may not be endorsed if the holder is not eligible for an endorsement as a consequence of a contravention of the fishing business transfer rules. > > > (4B) The licence of a shareholder may not be endorsed if the shareholder is already authorised, by endorsement, to take fish in another share management fishery, unless the further endorsement is authorised by the management plan for each fishery in which the shareholder is, or will (as a consequence of the further endorsement), be authorised to take fish. > > > (4C) Subsection (4B) does not prevent a shareholder from nominating another person to take fish on behalf of the shareholder in any fishery in which the shareholder is prevented from holding an endorsement, subject to compliance with any requirements under section 69. > > > (5) An application for an endorsement is to be made in the form and manner approved by the Minister and accompanied by the fee prescribed by the regulations. > > > (6) An endorsement— > > > > > (a) remains in force for the period specified in the endorsement, and > > > > > (b) may be renewed by the grant of an endorsement for a further period. > > > (6A) The authority conferred by such an endorsement is subject to such conditions as are prescribed by the regulations or specified in the endorsement. > > > (6B) The Minister may, at any time by notice in writing to the holder of a licence who is authorised by an endorsement to take fish in a share management fishery, revoke or vary the conditions of the endorsement or add new conditions. This subsection does not apply to conditions prescribed by the regulations. > > > (6C) The holder of a commercial fishing licence who contravenes any condition of an endorsement on the licence under this section is guilty of an offence. > > > > Maximum penalty— > > > > > (a) 200 penalty units or imprisonment for 6 months (or both) for a first offence, or > > > > > (b) 400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence. > > > (7) An endorsement may be suspended or cancelled by the Minister— > > > > > (a) if the holder of the licence ceases to be eligible to have the licence endorsed, or > > > > > (b) if the shareholder fails to pay any community contribution, management charge or other amount due under this Part, or > > > > > (c) for any other reason authorised by the management plan for the fishery or the fishing business transfer rules. > > > (8) If an endorsement of a shareholder is suspended or cancelled, the shareholder is not entitled to nominate another person to take fish on the shareholder’s behalf. > > > (8A) An endorsement of the licence of a shareholder, or of the licence of a nominated fisher of a shareholder, may also be revoked by the Minister on a request made by the shareholder in accordance with the requirements (if any) of the management plan for the fishery. > > > (8B) The Secretary is to record particulars of any endorsement under this section, and any suspension, cancellation or revocation of an endorsement, in the Share Register. > > > (8C) The Minister may approve arrangements under which a person who is eligible for an endorsement is given such an endorsement in the form of a separate document from the commercial fishing licence of the person. Any such document is taken to be an endorsement on the commercial fishing licence of the person authorised by the endorsement to take fish in the fishery, and references in this Act or the regulations to an endorsement extend to an endorsement in that form. > > > (9) Until the commencement of the management plan for a fishery, the Minister may determine the matters required by this section to be determined by the plan. During that period, this section has effect subject to any other necessary modification. > > **s 68:** Am 2004 No 26, Sch 1 \[16\]–\[19\]; 2006 No 18, Sch 1 \[7\]–\[12\]; 2009 No 114, Sch 1 \[46\]–\[48\]; 2015 No 59, Sch 1 \[35\]–\[37\].