50Over-catch provisions

50 Over-catch provisions

(1)  In this rule –

beach price means the monthly average price paid for rock lobster as determined by the Secretary;

excess rock lobster, for a fishing licence, means rock lobster in excess of the licence quota unit balance;

licence quota unit balance, for a fishing licence, means the sum of the following (exclusive of any weight of rock lobster returned to the fishing vessel or fish cauf subject to a cancellation report):

(a) the weight of the rock lobster quota units specified on the licence that remain to be caught and unloaded at the relevant time;

(b) the weight of any rock lobster quota units transferred to or from the licence holder since the relevant time;

(c) the weight of any rock lobster research quota units transferred to or from, or allocated to, the licence since the relevant time;

(d) the weight of any deduction, permitted by these rules, from a previous quota year;

relevant time means –

(a) in respect of the period immediately preceding the unloading of the first rock lobster in a quota year, the time when, in that quota year, a fishing licence comes into force; or

(b) in respect of any other period, the time of the commencement of a fishing trip.

(2)  Despite rule 49(1) , the holder of a fishing licence (rock lobster) is not guilty of an offence under that rule in respect of any rock lobster if –

(a) the total amount of rock lobster does not exceed the licence quota unit balance for the licence by more than 30%; and

(b) the licence holder –

(i) pays to the Crown, in respect of the excess rock lobster, an amount equivalent to 150% of their beach price; or

(ii) does one of the following: