9BOvercatch

9B Overcatch

9B.1 AFMA may determine for a season:

(a) the determined percentage; and

(b) the determined amount; and

(c) the determined additional weight.

Note: The determined percentage and determined amount are used to work out the calculated excess for a holder of a statutory fishing right (subclause 9B.6).

Overcatch less than calculated excess

9B.2 Subclause 9B.3 applies if:

(a) in a season (the first season), the holder of a statutory fishing right takes (or is deemed, by a previous application of this section, to have taken) an overcatch that is less than the calculated excess for the holder; and

(b) 1 month after the commencement of the following season (the second season), the holder holds statutory fishing rights that would (in the absence of this section) entitle the holder to take the first season’s overcatch.

9B.3 The holder is deemed to have taken:

(a) during the first season—an amount of Southern Bluefin Tuna equal to the holder’s quota in the first season; and

(b) during the second season—the holder’s first season overcatch in addition to the weight of Southern Bluefin Tuna actually taken by the holder in the second season.

Overcatch at least calculated excess

9B.4 Subclause 9B.5 applies if:

(a) in a season (the first season), the holder of a statutory fishing right takes (or is deemed, by a previous application of this section, to have taken) an overcatch that is:

(i) at least the calculated excess for the holder; and

(ii) no more than the calculated excess for the holder plus the determined additional weight; and

(b) 1 month after the commencement of the following season (the second season), the holder holds statutory fishing rights that would (in the absence of this section) entitle the holder to take a weight of Southern Bluefin Tuna equal to the sum of:

(i) the calculated excess for the holder in the first season; and

(ii) twice the amount by which the holder’s overcatch in the first season exceeded the calculated excess.

9B.5 The holder is deemed to have taken:

(a) during the first season—an amount of Southern Bluefin Tuna equal to the holder’s quota in the first season; and

(b) during the second season—in addition to the weight of Southern Bluefin Tuna actually taken by the holder in the second season, the weight worked out under paragraph 9B.4(b).

9B.6 In this clause:

calculated excess, for a season in relation to a holder of a statutory fishing right, means the lesser of:

(a) the determined percentage of the holder’s quota for the season; and