11Notice when quota for traditional inhabitant sector reached

11 Notice when quota for traditional inhabitant sector reached

Application of this section (1) This section applies if, during a fishing season, the total amount of tropical rock lobster taken by traditional inhabitants in the TRL fishery under traditional inhabitant TRL fishing licences reaches the quota for the traditional inhabitant sector for the fishing season, which is worked out by multiplying: (a) the number of unused quota units for the fishing season that the TSRA holds (whether or not by way of a temporary transfer); by (b) the value of a quota unit for the fishing season, worked out in accordance with section 12. (2) In determining the total amount of tropical rock lobster taken by traditional inhabitants for the purposes of subsection (1): (a) tropical rock lobster that a traditional inhabitant has taken does not count towards the total amount if the tropical rock lobster was taken under subsection 8(1) on the basis of unused quota units for the fishing season that the individual traditional inhabitant holds (whether or not by way of a temporary transfer); and (b) if an amount of tropical rock lobster has been taken as processed tropical rock lobster, the amount of processed tropical rock lobster must be multiplied by the conversion factor mentioned in section 10. Requirement to issue notice (3) The Minister must issue a notice in relation to the fishing season stating that: (a) the quota for the traditional inhabitant sector has been reached for the fishing season; and (b) traditional inhabitants can no longer fish commercially for tropical rock lobster in the TRL fishery under subsection 8(2) during the fishing season. (4) The notice must: (a) be in writing; and (b) be dated; and (c) be given to: (i) the TSRA; and (ii) each traditional inhabitant who holds a traditional inhabitant TRL fishing licence; and (d) be published on the Authority’s website. (5) The notice comes into force when it is issued and remains in force until the end of the fishing season, unless revoked earlier.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.