After rule 58 of the Principal Rules , the following is inserted in Division 6:

58A.     Taking and possession of banded morwong

A person must not take, or be in possession of, banded morwong in State waters for commercial purposes unless the person is the holder of a fishing licence (banded morwong).

Penalty:  Grade 3 penalty.

58B.     Total allowable catch

(1)  Unless otherwise determined by the Secretary by notice published in the Gazette , the quota period during which the total allowable catch for the commercial banded morwong fishery may be taken is the period commencing on 1 March in a year and ending on the last day of February in the following year.

(2)  The Minister is to allocate the total allowable catch for the commercial banded morwong fishery to the holders of fishing licences (banded morwong) according to the number of banded morwong quota units held by those licensees in respect of those licences immediately before the commencement of the period referred to in subrule (1).

58C.     Restrictions relating to fish caufs

(1)  The holder of a fishing licence (banded morwong) must not be in possession of a fish cauf in State waters unless –

(a) the fish cauf is at all times within the close proximity of the licensee; or

(b) the licence is endorsed for the use of a fish cauf.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (banded morwong) must not use a fish cauf to hold banded morwong unless –

(a) the use of the fish cauf is at all times carried out under the close and direct supervision of the licensee; or

(b) the licence is endorsed for the use of a fish cauf.

Penalty:  Grade 3 penalty.

(3)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a fish cauf must not place a fish cauf anywhere other than at a place specified in the licence.

Penalty:  Grade 3 penalty.

58D.     Restrictions relating to holding tanks

(1)  The holder of a fishing licence (banded morwong) must not –

(a) be in possession of a holding tank; or

(b) place banded morwong in a holding tank –

unless the licence is endorsed for the use of a holding tank.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a holding tank must not place a holding tank anywhere other than at a place specified in the licence.

Penalty:  Grade 3 penalty.

58E.     Records relating to fish caufs and holding tanks

(1)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a holding tank must keep approved records in relation to the use of that tank.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a fish cauf must keep approved records in relation to the use of that fish cauf.

Penalty:  Grade 3 penalty.

58F.     Reporting service

(1)  The Secretary may approve –

(a) a reporting service to receive reports under this Division; and

(b) the means by which such reports are to be made; and

(c) the information to be provided in such reports.

(2)  As soon as practicable after it receives a report under this Division, the reporting service is to issue the maker of the report with a report receipt number.

58G.     Restrictions on transfer of banded morwong quota units

(1)  The Minister is not to transfer banded morwong quota units to a person who is not the holder of a fishing licence (banded morwong).

(2)  The Minister is not to specify banded morwong quota units on a licence other than a fishing licence (banded morwong).

(3)  The Minister is not to transfer banded morwong quota units unless –

(a) the banded morwong quota unit balance for the transferor's fishing licence (banded morwong) is reduced by a quantity equivalent to the number of those banded morwong quota units; and

(b) the quantity of banded morwong for those banded morwong quota units has not already been caught.

(4)  The Minister is not to transfer partially caught banded morwong quota units.

(5)  However, subrule (3)(b) and subrule (4) do not apply to the permanent transfer of banded morwong quota units that are transferred with the fishing licence (banded morwong) in which the banded morwong quota units are specified.

58H.     Maximum licence holdings for banded morwong

(1)  A person must not at any one time or in the same licensing year –

(a) hold more than 2 fishing licences (banded morwong); or

(b) receive any payment, financial advantage or benefit in kind from more than 2 fishing licences (banded morwong).

Penalty:  Grade 2 penalty.

(2)  If a person is convicted of an offence under subrule (1), the Minister may divest the person of the interests in excess of 2 licences and reallocate those interests by any means the Minister considers appropriate.

58I.     Maximum quota unit holdings

(1)  The holder of a fishing licence (banded morwong) must not at any one time or in the same licensing year –

(a) hold more than 200 banded morwong quota units on a licence; or

(b) hold more than 200 banded morwong quota units; or

(c) receive any payment, financial advantage or benefit in kind from more than 200 banded morwong quota units.

Penalty:  Grade 2 penalty.

(2)  If a person is convicted of an offence under subrule (1) , the Minister may divest the person of the interests in excess of 200 banded morwong quota units and reallocate those interests by any means the Minister considers appropriate.

58J.     Determination of market value

(1)  The Secretary may, from time to time, after consultation with the relevant fishing body –

(a) determine the market value of banded morwong; and

(b) publish the determination in the Gazette .

(2)  A determination under subrule (1) has effect from the date on which the notice is published until the determination is revoked or a further determination is made under subrule (1) .