9AQuota reconciliation

9A Quota reconciliation

9A.1 This clause applies if:

(a) an amount of Southern Bluefin Tuna taken by a holder, using the purse seine method, is:

(i) in excess of the holder’s quota (whether the holder’s quota or quota nominated against the boat used to take the Southern Bluefin Tuna); and

(ii) subsequently towed, within a tow pontoon, to a farm (a tow operation); or

(b) an amount of Southern Bluefin Tuna taken by a holder, using the pelagic longline or minor line method, is in excess of the holder’s quota (whether the holder’s quota or quota nominated against the boat used to take the Southern Bluefin Tuna).

9A.2 The holder, or a person acting for the holder, does not contravene paragraph 9.1(e) or 10.1(f) in relation to a take that causes the holder’s quota to be exceeded, if the holder obtains sufficient statutory fishing rights to cover the take within the period:

(a) if the Southern Bluefin Tuna are taken using the purse seine method—specified in subclause 9A.4; or

(b) if the Southern Bluefin Tuna are taken using the pelagic longline or minor line method—ending 14 days after the Southern Bluefin Tuna are taken.

9A.3 The holder, or a person acting for the holder, does not contravene paragraph 9.1(f) or 10.1(g) in relation to a take that causes the quota nominated against the boat to be exceeded, if the holder nominates sufficient quota against the boat within the period:

(a) if the Southern Bluefin Tuna are taken using the purse seine method—specified in subclause 9A.4; or

(b) if the Southern Bluefin Tuna are taken using the pelagic longline or minor line method—ending 14 days after the Southern Bluefin Tuna are taken.

9A.4 For paragraphs 9A.2(a) and 9A.3(a), the period specified is the period:

(a) if a transfer weighing has been undertaken—ending 14 days after the time that the weight for the take (including a decision by AFMA under subclause 22D.2 to count the estimate) is entered against the holder’s quota or the nominated boat, as the case may be; or

(b) if no transfer weighing is undertaken within 30 days of the commencement of the tow operation—ending 58 days after the tow operation commenced; or

(c) if no transfer weighing is undertaken within 30 days of the take being transferred to a tow pontoon and AFMA was not told of the commencement of the tow operation—ending 58 days after the date the take was transferred to the tow pontoon under subclause 22A.1.