9BNomination of boats to certain fishing concessions

9B Nomination of boats to certain fishing concessions

(1) The holder of a fishing concession that is: (a) a boat statutory fishing right; or (b) a gear statutory fishing right; or (c) a fishing permit; may nominate a single boat to the fishing concession.

Note: See also subsections 32(1A) and (1B) of the Act in relation to the nomination of a boat for the purposes of a fishing permit.

(2) The holder of a fishing concession that is a designated quota statutory fishing right granted under a particular management plan may nominate one or more boats to all the designated quota statutory fishing rights held by that holder under that management plan. (3) The holder of a fishing concession may nominate a boat to a fishing concession under subregulation (1) or (2) only if: (a) the owner of the boat has consented to its nomination; and (b) the boat has not been nominated by another person for another fishing concession; and (c) for a fishing concession that is not a designated quota statutory fishing right—another boat has not been nominated to the fishing concession; and (d) the boat is able to carry safely an observer, the observer’s safety equipment and the observer’s monitoring equipment for the duration of a trip; and (e) the boat has a vessel monitoring system that is capable of being operational at all times; and (f) the boat meets: (i) any requirements of the Act and these Regulations that apply to the boat; and (ii) any safety standards required by AFMA. (4) The nomination of a boat to a fishing concession: (a) must be made using the approved form, and must be lodged with AFMA; and (b) takes effect on: (i) the day on which AFMA enters the name of the boat on the register or record applicable to the fishing concession; or (ii) a later day specified in the nomination. (5) The holder of a fishing concession may nominate another boat to a fishing concession (the other boat), to replace a nominated boat for that fishing concession, if: (a) the fishing concession is not suspended under section 38 of the Act; and (b) the requirements of subregulation (3) are met for the other boat.

Note: For the nomination of another boat under a fishing permit, see also paragraph 32(1A)(b) and subsection 32(1B) of the Act.

(6) A nomination of another boat to a fishing concession under subregulation (5): (a) must be made using the approved form, and must be lodged with AFMA; and (b) takes effect on: (i) the day on which AFMA enters the name of the other boat on the register or record applicable to the fishing concession; or (ii) a later day specified in the new nomination.