51Deduction of excess catch from quota

51 Deduction of excess catch from quota

(1)  In this rule –

excess rock lobster, for a fishing licence, has the same meaning as in rule 50 ;

licence quota unit balance, for a fishing licence, has the same meaning as in rule 50 .

(2)  This rule applies if the holder of a fishing licence (rock lobster) –

(a) takes, or is in State waters in possession of, more rock lobster than the fishing quota unit balance for the licence; and

(b) the rock lobster so taken, or possessed in State waters, exceed the licence quota unit balance for the licence by more than 30%.

(3)  The Minister is to deduct the excess rock lobster, up to a maximum of 30% above the fishing quota unit balance for the licence, from –

(a) the fishing quota unit balance for the licence for the quota year during which the excess rock lobster are taken or possessed; or

(b) the fishing quota unit balance for the licence for a subsequent quota year.

(4)  Nothing in this rule is to be taken as preventing any proceedings or other action from being taken in respect of the taking or possession of the excess rock lobster that exceeds the fishing quota unit balance for the licence by more than 30%.