368AFoveaux Strait dredge oyster fishery subject to quota system

1. On 1 April 1998, Foveaux Strait dredge oysters become subject to the quota management system under Part 2A of the Fisheries Act 1983.

2. Each person named in the first column of Part 5 of Schedule 9 is allocated the amount of individual transferable quota for dredge oysters stated in the third column of that schedule opposite that person's name.

3. The initial total allowable catch for the Foveaux Strait dredge oyster fishery is 26 000 000 oysters.

4. The initial total allowable commercial catch for the fishery is 14 950 000 oysters.

5. The Minister may, by notice,—

6. specify any Foveaux Strait dredge oyster season before the season commences:
7. extend or shorten any Foveaux Strait dredge oyster season while it is current.

8. Notwithstanding anything in section 13 or section 20 of this Act or section 28OB of the Fisheries Act 1983,—

9. the Minister may, at any time after the commencement of a fishing year but before the commencement of the Foveaux Strait dredge oyster season in that year, increase the total allowable catch or the total allowable commercial catch (or both) for Foveaux Strait dredge oysters; and
10. where the Minister does so, the increased total allowable catch or total allowable commercial catch has effect on and from the first day of that Foveaux Strait dredge oyster season.

11. The fishing year ending immediately before 1 October 1998 is deemed to be the period 1 April 1998 to 30 September 1998 (both dates inclusive).

12. The Minister may, by notice, prohibit the taking of Foveaux Strait dredge oysters from any specified area.

13. Every person commits an offence and is liable to the penalty set out in section 252(5) who, for the purpose of sale,—

14. takes any Foveaux Strait dredge oyster at any time other than during the Foveaux Strait dredge oyster season; or
15. takes any Foveaux Strait dredge oyster from any prohibited area specified in a notice under subsection (8).

16. For the purposes of the application of this Act in relation to the Foveaux Strait dredge oyster fishery,—

17. the references to kilogrammes in this Act must be read as references to oyster numbers; and
18. the references to greenweight or meatweight in section 305(a)(iii) must be read as references to oyster numbers.

19. Notwithstanding anything in this Act or in any regulations made under this Act or under the Fisheries Act 1983, where any such regulations or any records, returns, or other documents prescribed by or referred to in such regulations contain a weight-related reference or requirement the chief executive may, by notice, specify that any such reference or requirement is to be treated in any specified situation or for any specified purpose (and requiring the application, if appropriate, of any conversion factor specified under section 188(5) of this Act or section 3A(6) of the Fisheries Act 1983) as a reference to oyster numbers in the case of matters affecting the Foveaux Strait dredge oyster fishery, and the regulations, records, returns, or other documents are to have effect accordingly.

20. In this section the term Foveaux Strait dredge oyster season means a season fixed by the Minister under subsection (5).

21. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

22. a notice under subsection (5) or (8):
23. a notice under subsection (11), unless it applies only to 1 or more named persons.

24. If a notice under subsection (11) is not secondary legislation, the chief executive must give the notice to the persons to whom it applies.