26Overcatch provisions

26 Overcatch provisions

(1)  In this rule –

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

current quota period, in respect of scallops taken under a fishing licence (scallop), means the quota period in which those scallops were taken.

(2)  [Rule 26 Subrule (2) amended by S.R. 2025, No. 10, Applied:09 Apr 2025] The Secretary is to ensure that any quantity of scallops taken under a fishing licence (scallop) from a specified area of State waters in excess of the amount determined by the Minister under rule 19(1)(c) for that area is deducted, in accordance with Schedule 3 , from the licence quota unit balance for the current quota period.

(3)  Despite rule 25 , if in a quota period the holder of a fishing licence (scallop) takes on a fishing trip an amount of scallops that exceeds the scallop quota unit balance for that licence, the licensee does not commit an offence under that rule if –

(a) the scallop quota unit balance for the quota period is not exceeded by more than 15 000 kilograms; and

(b) the licensee pays to the Crown, in respect of any scallops in excess of the scallop quota unit balance an amount equal to –

(i) the beach price for any amount of scallops that exceeds the scallop quota unit balance by not more than 2 000 kilograms; and

(ii) 1.5 times the beach price for any amount of scallops that exceeds the scallop quota unit balance by more than 2 000 kilograms and not more than 15 000 kilograms.