Fisheries Act 1996 No 88 (as at 01 October 2009), Public Act

20 Setting and variation of total allowable commercial catch
  • (1) Subject to this section, the Minister shall, by notice in the Gazette, set in respect of the quota management area relating to each quota management stock a total allowable commercial catch for that stock, and that total allowable commercial catch shall continue to apply in each fishing year for that stock unless varied under this section, or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 and 26.

    (2) The Minister may from time to time, by notice in the Gazette, vary any total allowable commercial catch set for any quota management stock by increasing or reducing that total allowable commercial catch.

    (3) Without limiting the generality of subsections (1) and (2) of this section, the Minister may set or vary a total allowable commercial catch at, or to, zero.

    (4) Every total allowable commercial catch set or varied under this section shall have effect on and from the first day of the next fishing year for the quota management stock concerned.

    (5) A total allowable commercial catch for any quota management stock shall not—

    • (a) be set unless the total allowable catch for that stock has been set under section 13 or section 14 of this Act; or

    • (b) be greater than the total allowable catch set for that stock.

    Compare: 1983 No 14 s 28C; 1990 No 29 s 5(1)

    Section 20(1): amended, on 1 October 2001, by section 5 of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).