37Transfer of provisional catch history

1. Provisional catch history in respect of any stock, other than a stock to which section 40 applies, may be transferred only if—

2. the transferor is not eligible to receive quota for the stock; and
3. the transferee complies with section 45(a) and (b) or is the Crown; and
4. any appeal against the amount of provisional catch history for the stock allocated to the transferor has been finally determined or withdrawn; and
5. the transfer takes effect during the transfer period and the chief executive has been notified on the approved form of the transfer during that period; and
6. the transfer is for an amount of provisional catch history expressed in whole kilogrammes.

7. For the purposes of subsections (1) and (3), the transfer period is—

8. the transfer period referred to in section 36(2)(b); or
9. a period of 20 working days commencing on the later of the following:
   1. the day following the date of the final determination or withdrawal of any appeal in respect of the provisional catch history being transferred:
   2. if section 54(1)(b) applies, the day following the day of the determination of the proceedings referred to in that section.

10. If provisional catch history for any stock is allocated to any person who is not eligible to receive quota under section 45 for the stock, then, unless a transfer of the provisional catch history is notified to the chief executive within the transfer period or the referral of a dispute to the court is notified to the chief executive within the transfer period, that provisional catch history shall be deemed to be cancelled on the expiration of the transfer period.

11. A transferee shall lodge a copy of the transfer, together with the prescribed fee (if any) with the Registrar of Quota and the Registrar shall record the transfer in the register and shall notify the chief executive, the transferor, and the transferee accordingly.