SCHEDULE 12 - Allocation of banded morwong quota units

Rule 146

1.    Claim for banded morwong catch history

(1) In this clause –

banded morwong catch history area means waters off the south and east coasts of Tasmania bounded –

(a) in the north by line of latitude 40 ^o 30'S; and

(b) in the south by line of latitude 44 ^o S; and

(c) in the east by line of longitude 148 ^o 30'E; and

(d) in the west by line of longitude 146 ^o 30'E;

returns has the same meaning as in clause 2 of Schedule 11 .

(2) The holder of a fishing licence (banded morwong) may make a claim for banded morwong catch history.

(3) A claim for banded morwong catch history is to –

(a) be in the approved form; and

(b) be lodged with the Secretary on or before 22 August 2008; and

(c) show the banded morwong catch history that has accrued to the licence holder in accordance with clause 3 of Schedule 13 or been transferred to the licence holder in accordance with clause 4 of that Schedule; and

(d) be based on returns submitted to the Secretary showing banded morwong taken in the banded morwong catch history area.

(4) If a person has held more than one fishing licence (banded morwong), that person's claim for banded morwong catch history may, at that person's discretion, include the catch history relating to all, or any one or more, of those licences.

2.    Approval of catch history

(1) The Minister may reject or approve a claim, or part of a claim, for catch history made under clause 1 .

(2) In making a decision under subclause (1) , the Minister is not to take into account that part of a licence holder's claim for banded morwong catch history in excess of 10 000 kilograms in a licensing year.

3.    Determination of average catch history

(1) In this clause –

approved catch history for a licence holder means catch history approved by the Minister in accordance with clause 2 ;

catch history months means the sum of the following:

(a) the number of fishing months during which a person claiming a catch history for banded morwong held, for the whole or any part of that month, a licence as licensee of that licence;

(b) the number of fishing months during which a person held, for the whole or any part of that month, a licence for which any catch history is claimed by the claimant under an agreement of a kind specified in clause 3(2) of Schedule 13;

(c) the number of fishing months between March 2004 and February 2006 inclusive, except for any month during that period included under paragraph (a) or (b);

fishing month means a calendar month between May 2000 and February 2006 inclusive of those months, other than March and April in any year;

licence means a fishing licence (banded morwong).

(2) If the Minister approves a claim, or part of a claim for catch history for a licence holder, the Minister is to determine the average catch history for the licence holder in respect of the claim.

(3) The average catch history for a licence holder is to be determined by multiplying the number representing the approved catch history for that licence holder by 10 and then dividing it by the number of catch history months applicable to the approved catch history for that licence holder.

(4) If an approved catch history for a licence holder relates to catch history in respect of more than one fishing licence (banded morwong), then the number of catch history months for subclause (3) is to be ascertained by reference to the total catch history months for all of those licences combined.

4.    Allocation of banded morwong quota units

(1) The Minister is to allocate banded morwong quota units amongst persons who held a fishing licence (banded morwong) on and from 18 October 2006 until the date of the allocation.

(2) The allocation is to be made in accordance with the ratio of one banded morwong quota unit to each 40 kilograms of average catch history determined for a licence holder under clause 3 .

(3) Only whole banded morwong quota units are to be allocated and common rounding is to be used to determine the number of banded morwong quota units to be allocated where the average catch history for a licence holder is not an exact multiple of 40 kilograms.

(4) If the ratio yields a result of more than 200 banded morwong quota units for a licence holder, that holder is to be allocated 200 banded morwong quota units.

5.    Review of decision

The following are prescribed decisions for the purpose of section 280 of the Act:

(a) a decision made under clause 2 ;

(b) a determination made under clause 3 ;

(c) an allocation made under clause 4 .

6.    Appeal to Tribunal

A determination under section 282 of the Act relating to banded morwong catch history or the allocation of banded morwong quota units is a prescribed determination for the purpose of section 283 of the Act.