Fisheries Management Act 1994

This clause applies in respect of the following share management fisheries, as described in Schedule 1—

the ocean trawl fishery,

the ocean hauling fishery,

the ocean trap and line fishery,

the estuary general fishery,

the estuary prawn trawl fishery.

If the Minister is satisfied, in relation to a restricted fishery that becomes a share management fishery, that a person would have been entitled to an endorsement in the restricted fishery (otherwise than as the nominee or employee of another person) had the person applied for an endorsement before that fishery ceased to be a restricted fishery, the person is taken, for the purposes of section 50(4), to have been entitled to take fish for sale in the fishery immediately before it ceased to be a restricted fishery.

The allocation of shares in the share management fishery to any such person is to be made having regard to what the Minister considers the entitlements of the person would have been had the person applied for an endorsement.

This clause ceases to apply in relation to a share management fishery when one of the following occurs (whichever happens first)—

the management plan for the fishery commences,

all appeals to the Share Appeal Panel in connection with the issue of shares in the share management fishery are disposed of,

the period of 12 months from the commencement of this clause elapses.

In this clause—