18Minister to notify provisional catch histories and numbers of tender boat licences

18 Minister to notify provisional catch histories and numbers of tender boat licences

(1) This section applies to a person who, on the snapshot day, is: (a) the principal holder of one or more primary boat licences; or (b) the principal holder of one more primary boat licences and one or more tender boat licences. (2) Within 60 days of the snapshot day, the Minister must ensure that each person to whom this section applies is given a notice (a catch history notice) that sets out: (a) the provisional boat catch history for each primary boat licence for which the person is the principal holder; and (b) the provisional total catch history; and (c) if the person is the principal holder of one or more tender boat licences on the snapshot day: (i) the number of tender boat licences for which the person is the principal holder; and (ii) the total number of tender boat licences in force on the snapshot day. (3) The catch history notice must: (a) be in writing; and (b) be dated; and (c) state that the person may, within the objection period, object in writing to the following: (i) a provisional boat catch history set out in the catch history notice; (ii) the number of tender boat licences for which the person is the principal holder (if any) as set out in the catch history notice; and (d) set out the requirements for making an objection, and include a warning that giving false or misleading information is a serious offence; and (e) include a statement to the effect that: (i) the provisional boat catch history, and the number of tender boat licences (if any), as set out in the catch history notice are intended to be the basis for determining the number of quota units to be allocated to the person under this instrument; and (ii) the actual number of quota units allocated to the person may depend on any objections to catch history notices made under section 19 (whether made by the person or by others) and the outcome of any reviews of decisions under section 21. (4) The provisional boat catch history for a primary boat licence is determined as follows:

Method statement

Step 1. For each calendar year in the 5‑year period from 1997 to 2001, determine the total weight of tropical rock lobster taken in relation to the primary boat licence.

Step 2. From the 5 amounts determined under step 1, work out which are the 3 highest amounts.

Step 3. Calculate the average of the 3 highest amounts worked out under step 2. The result is the provisional boat catch history for the primary boat licence.

(5) The amounts referred to in step 1 of the method statement in subsection (4) must be determined in accordance with the Authority’s catch verification policy.