Fisheries Regulations 1992

(a) an ONLF licensee has taken more than 794 kg of Spanish mackerel during a licensing year;

(b) an ONLF licensee has, within a licensing year, taken more of a species group than the licensee is entitled to take under the quota units attached to the licence relevant to the species group.

(2) The Joint Authority may, as soon as practicable after an overcatch occurs, give the ONLF licensee a notice (an overcatch notice) specifying the amount of the overcatch.

(3) The overcatch notice, or a later notice, may impose an overcatch fee (if applicable) determined by the Joint Authority under subregulation (4).

(4) The Joint Authority may determine the amount of a fee (the overcatch fee) for each kilogram of overcatch of a species group taken by an ONLF licensee in a licensing year.

(5) An overcatch fee is not applicable in the circumstance mentioned in subregulation (1)(a) unless the total amount of Spanish mackerel taken to date in the licensing year in the Off-shore Net and Line Fishery area is in excess of 13 500 kg.

(6) After being given an overcatch notice, an ONLF licensee must do the following:

(a) for an overcatch that is not one mentioned in subregulation (1)(a) – within 7 days of being given the notice, arrange for the transfer to the licence of the number of quota units relevant to the species group equal to the overcatch amount specified in the notice;

(b) within 30 days of being given the notice – pay any overcatch fee imposed.