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Fisheries Act 1996

Quota management system - Allocation of quota

47: Allocation of quota on basis of provisional catch history

You could also call this:

"How fishing quotas are allocated based on your past fishing catches"

Illustration for Fisheries Act 1996

The chief executive allocates quota to you based on your provisional catch history. This happens after a certain date mentioned in section 36(3) or section 41(2). You get a certain amount of quota, which is like shares in a company. If the total allowable catch for a stock is zero, your quota is determined by a certain formula. You get provisional individual transferable quota if you have appealed your provisional catch history. Otherwise, you get individual transferable quota. The chief executive tells the Registrar of Quota how much quota you have been allocated. Your provisional catch history is then fixed and cannot be changed. Your quota starts on the first day of the fishing year when the stock becomes a quota management stock.

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48: Notification of allocation of quota, or

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Part 4Quota management system
Allocation of quota

47Allocation of quota on basis of provisional catch history

  1. As soon as practicable after the relevant date referred to in section 36(3), or at any time after the relevant date referred to in section 41(2), as the case may be, the chief executive shall allocate to every person who is eligible to receive quota an amount of provisional individual transferable quota or individual transferable quota, as the case may be, for the stock concerned, which amount shall be expressed as shares and, subject to section 43 and to subsection (1A), be the lesser of—

  2. the number of shares the quota weight equivalent of which is equivalent to the person's provisional catch history for the stock:
    1. the number of shares that bears the same proportion to the 80 000 000 shares of quota available for allocation for the stock as the person's provisional catch history bears to the total provisional catch history held by persons who are eligible to receive quota for the stock.

      1. If the total allowable commercial catch for a stock is equal to zero, then the amount of provisional individual transferable quota or individual transferable quota to be allocated under subsection (1) must be determined in accordance with subsection (1)(b).

      2. If an appeal has been lodged in respect of a person's provisional catch history and that person is eligible to receive quota for that stock, then the quota allocated to that person shall be provisional individual transferable quota.

      3. Except as provided in subsection (2), the quota allocated shall be individual transferable quota.

      4. After the allocation of quota under subsection (1), the chief executive shall notify the Registrar of Quota, in respect of each person eligible to receive quota, of the amount of individual transferable quota, or provisional individual transferable quota, as the case may be, the chief executive has allocated to that person.

      5. The provisional catch history—

      6. held by every person who is allocated individual transferable quota under subsection (1); and
        1. registered in that person's name on the date of allocation—
            1. shall, on and from that date, be conclusive and shall be permanently fixed for all purposes.

          1. Any quota allocated under this section shall take effect on and from the first day of the fishing year in which that stock becomes a quota management stock.

          Notes
          • Section 47(1): amended, on , by section 19(1)(a) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
          • Section 47(1): amended, on , by section 19(1)(b) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
          • Section 47(1): amended, on , by section 9 of the Fisheries Amendment Act 2000 (2000 No 20).
          • Section 47(1A): inserted, on , by section 19(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).