Compulsory monitoring after offence committed or infringement notice served
100M Compulsory monitoring after offence committed or infringement notice served
This regulation applies if the holder of an ONLF licence:
is found guilty of an offence against this Division; or
(b) is served with a relevant infringement notice for an offence against this Division and pays the penalty amount indicated in the notice.
(2) Without limiting regulation 100N, within 3 months after the date of the finding of guilt or service of the infringement notice, the Joint Authority may give the holder one of the following:
a monitoring equipment notice mentioned in subregulation (6);
an observer notice mentioned in subregulation (7).
(3) In deciding whether to give the holder a notice under subregulation (2), the Joint Authority must take into account the following:
(a) the nature and seriousness of the offence committed or alleged to have been committed;
(b) whether the holder has previously been found guilty of, or served with an infringement notice for, an offence against this Division;
any other matter the Joint Authority considers relevant.
(4) If a notice is given under subregulation (2), the holder must not contravene the notice.
Maximum penalty: 170 penalty units.
(5) Section 38(2)(b) of the Act applies to an offence against subregulation (4).
(6) A monitoring equipment notice is a notice requiring the holder to do the following:
(a) on or before the date (the compliance date) which is 60 days after the date of the notice – nominate as the mother boat for the ONLF licence a vessel fitted with approved monitoring equipment;
(b) during the period of 10 months from the compliance date (the monitoring period) – ensure the equipment is operating at all times unless the Joint Authority has given the holder written approval for the equipment not to be operating;
(c) within 14 days of the end of each relevant voyage – pay a data analysis fee of 10 revenue units for each day of the relevant voyage that falls within the monitoring period.
An observer notice is a notice requiring the holder:
(a) to permit a specified person to travel as a fishery observer on board the vessel used for one or more voyages during which the holder intends to take fish under the licence until the observer has been on board for at least 7 days during those voyages; and
(b) within 14 days of the end of each voyage, to pay an observer fee of 700 revenue units per day of the voyage.
In this regulation:
relevant infringement notice means an infringement notice that includes, or has attached to it, a statement that says (or in effect says), "WARNING: If you pay the penalty amount, or are found guilty of the offence for which this infringement notice is given, the Joint Authority may give you a notice under regulation 100M(2) of the Fisheries Regulations 1992.".
relevant voyage means a voyage:
during which a fish is taken under the licence; and
(b) that starts or ends during the monitoring period mentioned in subregulation (6)(b).
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