7Licence holders within the TIB Fishing Season

7 Licence holders within the TIB Fishing Season

(1) A person is exempt from the prohibition in section 6 where: (a) the person holds a licence granted under subsection 19(2) of the Act; and (b) the licence is: (i) not a primary boat licence or a tender boat licence; or (ii) a primary boat licence or a tender boat licence held by the TSRA; and (c) the licence is not suspended under section 26 of the Act; and (d) the licence authorises the person to take, process or carry Tropical Rock Lobster in the TRL fishery; and (e) the person takes, processes or carries Tropical Rock Lobster within the period described in subsection (2) (TIB Fishing Season). (2) The TIB Fishing Season is from 1 December 2018 until the earlier of: (a) 30 September 2019; or (b) the TIB Total Allowable Catch Date.

Note: A person is not exempt from the prohibition in section 6 by way of subsection (1) at any time after 30 September 2019.

(3) Subject to subsection (5), the TIB Total Allowable Catch Date is a date determined by the CEO in respect of the TIB Fishing Season. (4) The CEO must not make a determination under subsection (3) in respect of the TIB Fishing Season unless: (a) the CEO reasonably believes that the TAC for the TIB sector will be taken on or before the date to be determined as the TIB Total Allowable Catch Date; and (b) before the determination is made, the CEO notified the Queensland Department of Agriculture and Fisheries and the TSRA of his or her intention to make the determination. (5) If the CEO determines the TIB Total Allowable Catch Date in respect of the TIB Fishing Season, the CEO must send written notice (TIB TAC Notice) of the determination to all persons who hold a licence referred to in paragraphs (1)(a) to (d). (6) In the event that a TIB TAC Notice is not sent at least 5 days before the TIB Total Allowable Catch Date determined under subsection (3), the TIB Total Allowable Catch Date is 5 days after the day on which the notice is sent.