96CMackerel Management zones

96C Mackerel Management zones (1) Within the Off-shore Net and Line Fishery area there are two management zones relating to Grey Mackerel, the Western Grey Mackerel Management Zone and the Eastern Grey Mackerel Management Zone, that make up the waters of the Fishery area. (2) The Western Grey Mackerel Management Zone lies west of a line, commencing at the low water mark at Cape Arnhem at the point where the meridian of longitude 136°58.767' East meets the coast and extending due north until it intersects with the outer boundary of the Australian Fishing Zone. Note for subregulation (2) Co-ordinates are shown in Geocentric Datum of Australia 1994 (GDA94) degrees decimal minutes (DD MM.MMM). (3) The Eastern Grey Mackerel Management Zone lies east of the line mentioned in subregulation (2). Fisheries Regulations 1992 71 96CA ONLF licence (1) The holder of an ONLF licence may participate in the Off-shore Net and Line Fishery in accordance with this Division. (2) An ONLF licence cannot be transferred. 96CB Grant of ONLF licence The Joint Authority may grant an ONLF licence to a person if: 96CC Fishery units generally (1) A fishery unit is a unit that entitles the holder of the ONLF licence to which the unit is attached to be allocated a share of the total The share is calculated under regulation 96CG. (3) A fishery unit may be transferred under Subdivision 4. (4) A fishery unit attached to an ONLF licence that is cancelled is taken to be transferred to the Territory on the day of the cancellation. (5) A fishery unit attached to an ONLF licence that expires and is not 96CD Total number of fishery units In the Off-shore Net and Line Fishery there are a total of: (a) 404 000 fishery units for grey mackerel species from the Western Grey Mackerel Management Zone; and Fisheries Regulations 1992 72 (b) 131 000 fishery units for grey mackerel species from the Eastern Grey Mackerel Management Zone; and (c) 434 694 fishery units for combined Blacktip Shark; and (d) 121 446 fishery units for Spot-tail Shark; and (e) 246 441 fishery units for combined Shark group; and (f) 126 447 fishery units for combined other Shark group species; and (g) 59 397 fishery units for combined fin fish group (by-product) 96CE Total allowable catch The total amount of fish that may be taken under all ONLF licences (a) 404 000 kg of grey mackerel species from the Western Grey Mackerel Management Zone; and (b) 131 000 kg of grey mackerel species from the Eastern Grey Mackerel Management Zone; and (c) 434 694 kg of combined Blacktip Shark; and (d) 121 446 kg of Spot-tail Shark; and (e) 246 441 kg of combined Shark group; and (e) 126 447 kg of combined other Shark group species; and (f) 59 397 kg of combined fin fish group (by-product) species, including 13 500 kg of Spanish Mackerel. 96CF Quota units generally holder of the ONLF licence to which the unit is attached to take 1 kg of the species group to which the quota unit relates from the Off-shore Net and Line Fishery area in accordance with this Division. Fisheries Regulations 1992 73 (2) For Grey Mackerel, quota units relate to either the Eastern Grey Mackerel Management Zone or the Western Grey Mackerel Management Zone (3) A quota unit is used when the holder of the ONLF licence to which take 1 kg of the species group to which the quota unit relates from the Off-shore Net and Line Fishery area, or the relevant zone within the area. (4) A quota unit expires on 30 June of the licence year in which the unit (5) A quota unit may be transferred under Subdivision 4. (6) The Joint Authority must, if satisfied the holder of an ONLF licence has used one or more quota units attached to the licence: regulation 96CH before cancelling any other quota units (7) A quota unit is taken to be cancelled if: (b) the ONLF licence to which it is attached is cancelled. 96CG Annual allocation of quota units ONLF licence to which fishery units are attached. (2) If an ONLF licence to which fishery units are attached is renewed after 1 July in a licence year, on the date the licence is renewed, the Joint Authority must allocate the number of quota units mentioned in subregulation (3) to the licence. Fisheries Regulations 1992 74 allocated to the ONLF licence. attached to the ONLF licence on the date of the allocation before any transfers of fishery units to or from the licence take effect. as mentioned in regulation 96CD. allocate quota units to an ONLF licence in relation to which any fees are due then, despite the subregulation: 96CH Additional allocation of quota units for undercatch (a) one or more eligible quota units attached to an ONLF licence (b) the licence is renewed the following licence year. (2) The Joint Authority must allocate to the ONLF licence the number of quota units for each species group that is equal to the lesser of: Fisheries Regulations 1992 75 A = (AQ + BQ - TQ) x 0.1 (a) immediately after an allocation to the ONLF licence is made under regulation 96CG; or (a) quota units allocated to the ONLF licence under regulation 96CG or 237; or (b) quota units allocated to another ONLF licence under regulation 96CG or 237 and subsequently transferred to the holder of the ONLF licence. Fisheries Regulations 1992 76 96CI Overcatch (1) An overcatch is when any of the following occurs: (a) an ONLF licensee has taken more than 794 kg of Spanish mackerel during a licence year; (b) an ONLF licensee has, within a licence year, taken more of a species group than the licensee is entitled to take under the quota units attached to the licence relevant to the species group. (2) The Joint Authority may, as soon as practicable after an overcatch occurs, give the ONLF licensee a notice (an overcatch notice) specifying the amount of the overcatch. (3) The overcatch notice, or a later notice, may impose an overcatch fee (if applicable) determined by the Joint Authority under (4) The Joint Authority may determine the amount of a fee (the overcatch fee) for each kilogram of overcatch of a species group taken by an ONLF licensee in a licence year. (5) An overcatch fee is not applicable in the circumstance mentioned in subregulation (1)(a) unless the total amount of Spanish mackerel taken to date in the licence year in the Off-shore Net and Line Fishery area is in excess of 13 500 kg. (6) After being given an overcatch notice, an ONLF licensee must do (a) for an overcatch that is not one mentioned in subregulation (1)(a) – within 7 days of being given the notice, arrange for the transfer to the licence of the number of quota units relevant to the species group equal to the overcatch amount specified in the notice; (b) within 30 days of being given the notice – pay any overcatch fee imposed. 96CJ Application for transfer and approval by Joint Authority (1) The holder of an ONLF licence may apply to the Joint Authority for (a) the holder of an ONLF licence; or Fisheries Regulations 1992 77 (b) an applicant for, or person who intends to apply for, an ONLF suspended ONLF licence. 96CK Effective date of transfer fishery units or quota units to the holder of an ONLF licence, the intends to apply for, an ONLF licence: granted an ONLF licence within 14 days after the date the 96CL Sale or transfer of fishery units by Territory The Territory may sell or transfer to the holder of an ONLF licence 96CM Allocation of fishery units or quota units (1) An allocation of fishery units or quota units to an ONLF licence is made by the Joint Authority entering in the register the number of fishery units or quota units that are allocated to the licence. Fisheries Regulations 1992 78 (2) Within 7 days after making an allocation to an ONLF licence, the Joint Authority must give the holder of the licence written notice of the allocation. 96CN Transfer of fishery units or quota units takes effect or is taken to have occurred under regulation 96CC, the (a) are no longer attached to the ONLF licence from which they (b) are attached to the transferee's ONLF licence or, if transferred 96CO Cancellation of quota units (2) Within 7 days after cancelling a quota unit attached to an ONLF licence, the Joint Authority must give the holder of the licence written notice of the cancellation. (3) If a quota unit is taken to be cancelled under regulation 96CF, the