7Revocation of nomination of commercial fisher

7 Revocation of nomination of commercial fisher

7 Revocation of nomination of commercial fisher

(1) A shareholder’s nomination of a person to take fish on behalf of the shareholder may be revoked—

(a) by the shareholder, or

(b) by the Secretary, if revocation by the Secretary is authorised by this clause.

(2) A revocation of a nomination by a shareholder is to be made in a form and manner approved by the Secretary.

(3) The shareholder must inform the nominated fisher of the revocation of the nomination.

(4) The Secretary is authorised to revoke a shareholder’s nomination of a person to take fish on behalf of the shareholder (without the consent of the shareholder) if—

(a) the nominated fisher requests the revocation, in a form and manner approved by the Secretary, or

(b) the nominated fisher ceases to be the holder of a current Class 1 commercial fishing licence, or

(b1) there are grounds for suspending or cancelling the commercial fishing licence of the nominated fisher, or an endorsement on that commercial fishing licence (whether or not the licence or endorsement is in fact suspended or cancelled), or

(b2) the owner of the relevant fishing business transfers the fishing business or any component of the fishing business to another person, or

(c) the shareholder is not entitled to nominate the person to take fish on behalf of the shareholder under section 69 (6) of the Act, this Plan or the share management plan for the fishery.

(5) The Secretary revokes a nomination by giving the shareholder notice in writing of the revocation.

(6) The Secretary must, by notice in writing, inform the person whose nomination has been revoked of that revocation.