(1)  A public notice under the former rules that had force and effect for the purposes of the rock lobster fishery immediately before the commencement day is taken to be a public notice under and for the purposes of these rules, having force and effect according to its terms until whichever of the following first occurs:

(a) the public notice is rescinded;

(b) the public notice is spent in its application to all fisheries;

(c) the public notice is spent in its application to the rock lobster fishery;

(d) the public notice is amended or varied in such a way that it ceases to have any application to the rock lobster fishery.

(2)  The Minister is to ensure that a quantity of rock lobster taken during the terminating quota year under a fishing licence (rock lobster) in excess of the quantity specified in that licence is deducted from the fishing quota unit balance for that licence for the first new quota year as follows:

(a) for a quantity of 20 kilograms or less, a deduction equivalent to the amount of the quantity taken;

(b) for a quantity greater than 20 kilograms and not greater than 45 kilograms, a deduction of 20 kilograms plus 1.5 kilograms for each kilogram taken over 20 kilograms;

(c) for a quantity greater than 45 kilograms and not greater than 70 kilograms, a deduction of 58 kilograms plus 2 kilograms for each kilogram taken over 45 kilograms;

(d) for a quantity greater than 70 kilograms and not greater than 100 kilograms, a deduction of 108 kilograms plus 3 kilograms for each kilogram taken over 70 kilograms;

(e) for a quantity greater than 100 kilograms, a deduction of 198 kilograms.

(3)  A deduction from a fishing quota unit balance under subrule (2) may exceed the quantity specified in paragraph (e) of that subrule if the holder of the relevant fishing licence (rock lobster) demonstrates that the excess quantity of rock lobster was taken unintentionally.

(4)  In a case to which subrule (3) applies, the Minister is to ensure that an amount equivalent to the quantity of the rock lobster taken in excess of the quantity specified in subrule (2)(e) is deducted from the fishing quota unit balance for the relevant fishing licence (rock lobster) for the first new quota year.

(5)  In this rule –

first new quota year means the quota year immediately following the terminating quota year;

former rules means the Fisheries (Rock Lobster and Giant Crab) Rules 2001 ;

terminating quota year means the quota year in progress on the commencement day.