Tasmanian Numbered Regulations

FISHERIES (GIANT CRAB) RULES 2006 (S.R. 2006, NO. 7) - REG 19

19. Overcatch provisions

      (1) Notwithstanding rule 18, the holder of a fishing licence (giant crab) is not guilty of an offence under that rule in respect of any giant crab if –

(a) the total amount of giant crab does not exceed the licence quota unit balance by more than 30%; and

(b) the licensee –

(i) pays to the Crown, in respect of the excess giant crab, an amount equivalent to 150% of their beach price; or

(ii) does one of the following:

(A) does not commence another fishing trip until additional giant crab quota units or giant crab carry over units are specified on the licence so as to make its fishing quota unit balance greater than zero;

(B) requests (if another fishing trip is not commenced in the quota year during which the excess giant crab are taken or possessed) that the Secretary deduct from the fishing quota unit balance for the licence for the following quota year an amount of giant crab equivalent to the excess giant crab.

      (2) The Minister is to ensure that any of the excess giant crab not paid or accounted for under subrule (1) are deducted from the fishing quota unit balance for the licence for –

(a) the quota year in which the excess giant crab are taken; or

(b) if that is not practicable, a subsequent quota year.

      (3) In this rule –

"beach price" means the monthly average price paid for giant crab as determined by the Secretary;

"excess giant crab" , for a fishing licence, means giant crab in excess of its fishing quota unit balance;

"licence quota unit balance" , for a fishing licence, means the sum of the following (exclusive of any weight of giant crab returned to the fishing vessel or fish cauf subject to a cancellation report):

(a) the weight of the giant crab quota units specified in the licence that remain to be caught and unloaded at the relevant time;

(b) the portion of the total weight of the giant crab carry over units specified in the licence that remains to be caught and unloaded at the relevant time;

(c) the weight of any giant crab quota units transferred to or from the licence since the relevant time;

(d) the weight of any giant crab carry over units transferred to or from, or allocated to, the licence since the relevant time;

(e) the weight of any deduction, permitted by these rules, from a previous quota year;

"relevant time" means –

(a) in respect of the period immediately preceding the unloading of the first giant crab in a quota year, the time when, in that quota year, a fishing licence comes into force; and

(b) in respect of any other period, the time immediately preceding the first unloading of giant crab after a fishing trip.