69Banded morwong overcatch provisions

69 Banded morwong overcatch provisions

(1AA)  [Rule 69 Subrule (1AA) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] In this rule –

administrative penalty, in relation to a fishing licence (banded morwong), means –

(a) in the case of exceeding the relevant quota unit balance for the licence by 10% or less, 1.5 times the beach price of that percentage of the quota unit balance; and

(b) in the case of exceeding the relevant quota unit balance for the licence by more than 10% and up to 30%, 2 times the beach price of that percentage of the quota unit balance;

beach price means the monthly average price paid for banded morwong as determined by the Secretary;

relevant time means –

(a) in respect of the period immediately preceding the landing of the first banded morwong 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 the fishing trip;

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

(a) the weight of the banded morwong quota units specified on the licence that remain to be caught and landed at the relevant time;

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

(c) the weight of any deduction, permitted under this rule, from a previous quota year.

(1)  The holder of a fishing licence (banded morwong) must not land banded morwong that have been taken or possessed by the licensee in the TAC area if the quantity of banded morwong landed exceeds the banded morwong quota unit balance for the licence.

Penalty:  Grade 3 penalty.