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FISHING LEVY REGULATIONS 1999 1999 NO. 322
EXPLANATORY STATEMENTSTATUTORY RULES 1999 No. 322
Issued by the authority of the Minister for Agriculture, Forestry and Fisheries
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy Regulations 1999
Section 8 of the Fishing Levy Act 1991 (the Levy Act) empowers the Governor-General to make regulations for the purposes of section 6 of the Levy Act.
Section 5 of the Levy Act imposes levy in respect of a fishing concession. Section 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by the Regulations.
Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General to make regulations for the purposes of the Management Act. Section 110 of the Management Act provides that the levy imposed by the Levy Act is due and payable at a time or times ascertained in accordance with the regulations made under the Management Act.
"Fishing Concession" is defined under the Levy Act and the Management Act to mean, among other things, a fishing permit and a statutory fishing right (SFR). An SFR is defined under the Management Act to mean, among other things, a right to take a particular quantity of fish, or a right to a particular proportion of the fishing capacity that is permitted by or under a plan of management for a fishery.
Subsection 33(3) of the Acts Interpretation Act 1901 provides, among other things, that where an Act confers power to make regulations the power shall, unless the contrary intention appears, be construed as including a power, exercisable in like manner, to repeal the regulations. No such contrary intention appears in either the Levy Act or the Management Act.
The purpose of the Fishing Levy Regulations 1999 (the Regulations) is to repeal the Fishing Levy Regulations 1998 (the 1998 Regulations) and replace them with updated Regulations that set the amounts of levy payable on fishing concessions that relate to the 1999/2000 financial year in each of the fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth. The dates when those amounts of levy are due and payable are also provided.
The Regulations apply to all fisheries managed by AFMA on behalf of the Commonwealth. The Regulations, like the 1998 Regulations, are made under both the Levy Act and the Management Act.
In accordance with government policy, AFMA recovers from the holders of fishing concessions (operators) in each fishery:
* the costs of management attributable to the operator's activities, such as surveillance costs and costs of running the Management Advisory Committee (MAC), other costs, such as the costs of prosecutions are funded by the Commonwealth; and
* the fishing industry's contribution to the Fisheries Research & Development Corporation (FRDC) to fund research in each fishery. This contribution is known as the research component and is recovered equally from each of the holders of fishing concessions in the fishery and is calculated to be equal to 0.25% of the Gross Value of Product (GVP) of the fishery averaged over the preceding three years.
AFMA recovers the management costs and the research component in the form of a levy paid to the Commonwealth under the Levy Act and the Management Act, which is then paid on to AFMA under arrangements provided for in the Fisheries Administration Act 1991.
The levy is set under the Regulations in relation to two categories of fisheries:
* fisheries for which a specified levy is to be set by reference to the name of the fishery (a fishery-specific levy); and
* fisheries for which no specified levy is to be set (known as Informally Managed Fisheries).
Except for Informally Managed Fisheries, the budgets on which the rates of levy for each fishery were based were prepared in consultation with either:
* the Management Advisory Committee (MAC) established by AFMA for the fishery; or
* if no MAC has been established for the fishery (such as the Bass Strait Scallop Fishery), the consultative body that AFMA liaises with when consulting about management of the fishery.
These budgets have all been approved by AFMA's Board.
Details of the Regulations as they relate to each fishery (Parts 2-20), including rates of levy and when the levy is due and payable, are set out in the attachment. Details of Parts 1 of the Regulations, which deal with matters common to all fisheries, are set out below.
Regulation 1.1 provides for the Regulations to be cited as the Fishing Levy Regulations 1999.
Regulation 1.2 provides that the Regulations commence on gazettal.
Regulation 1.3 repeals the 1998 Regulations and relevant amending regulations.
Regulation 1.4
In particular, the regulation:
* defines "gemfish" to mean fish of the species Rexea solandri.
* defines "holder" as a person to whom a fishing concession is granted or, if that person has transferred the concession, the person to whom the concession has been transferred;
* defines "invoice date" for levy or an instalment of levy payable for a fishing concession to mean the date mentioned on the invoice issued by AFMA for the levy or instalment;
* defines "Levy Act" to mean the Fishing Levy Act 1991;
* defines "Management Act" to mean the Fisheries Management Act 1991;
* defines "Management Regulations" to mean the Fisheries Management Regulations 1992;
* defines "orange roughy" to mean the fish of the species Hoplosthethus atlanticus; and
* provides that unless the contrary intention appears any words or expressions used in the Regulations and in the Fisheries Management Regulations have the same meaning in the Regulations as in the Fisheries Management Regulations.
Regulation 1.5 provides that a reference in these Regulations to a named fishery that is described by that name in regulation 4B of the Management Regulations, or in a plan of management made under section 17 of the Management Act, is a reference to the fishery as described in those Regulations or that plan.
Note 1 lists all the fisheries subject to the Fisheries Management Regulations. This note has been updated to include the Christmas Island and Cocos (Keeling) Islands Fishery.
Note 2 lists all the fisheries managed under a plan of management made under section 17 of the Management Act.
ATTACHMENT
DETAILS OF THE REGULATIONS BY REFERENCE TO EACH FISHERY
Note:
In this attachment:
"AFMA" means the Australian Fisheries Management Authority;
"the Regulations" means the Fishing Levy Regulations 1999;
"Informally Managed Fisheries" means fisheries for which no fishery-specific levy is set in the Proposed Regulations;
"invoice date" for a levy or an instalment of levy, means the date mentioned on the invoice issued by AFMA for the levy or instalment;
"operator" means the holder of a fishing concession in a fishery;
"1998 Regulations" means the Fishing Levy Regulations; and
"SFR" means a statutory fishing right.
Bass Strait Scallop Fishery
Part 2 of the Proposed Regulations will be reserved for future use for setting levy for this fishery. Currently the fishery is closed for biological reasons. It is also proposed that the Bass Straight Scallop Fishery Management Plan will be determined in this financial year. When the Management Plan is determined amending Regulations will insert Part 2 and set the levy for this fishery.
Christmas Island and Cocos (Keeling) Islands Fishery (Part 3 of the Regulations)
The Regulations set the levy payable for a Christmas Island and Cocos (Keeling) Islands Fishery fishing permit in force on 4 January 2000.
The amount of levy payable for a permit that allows fishing in Sub-area 1 (Christmas Island Inshore Area) is $1096, the research component of which is $60. The amount of levy payable for a permit that allows fishing in Sub-area 3 (Cocos (Keeling) Islands Inshore Area) is $1280.50, the research component of which is $60.
The amount of levy payable for a permit that allows fishing by pelagic methods in either or both of Sub-area 2 (Christmas Island Offshore Area) and Sub-area 4 (Cocos (Keeling) Islands Offshore Area) is $1283, the research component of which is $60. The amount of levy payable for a permit that allows fishing by demersal methods in either or both of Sub-area 2 and Subarea 4 is $1280.50, the research component of which is $60.
A definition of the Christmas Island and Cocos (Keeling) Islands Fishery was inserted into the Fisheries Management Regulations in June 1999. Prior to that, the fishery was not a formally managed fishery. This is therefore the first time that levy will be set for the fishery.
Levies for the sub-areas of the Christmas Island and Cocos (Keeling) Islands Fishery differ on the basis of the type(s) of fishing permitted in each sub-area and the costs associated with managing each sub-fishery. Currently, the only type of permit granted in the Cocos (Keeling) Islands Inshore Area is for aquarium fishing, whilst the only permits granted for the Christmas Island Inshore Area are for tuna fishing, The Offshore Area levies are differentiated according to method, that is, whether the permit has been granted for pelagic or demersal fishing. Although the Offshore Area (pelagic) and Christmas Island Inshore Area levies both relate primarily to fishing for tuna, management costs are higher for the Offshore Area due to the development and introduction of revised management arrangements.
A definition of the Christmas Island and Cocos (Keeling) Islands Fishery was inserted into the Fisheries Management Regulations in June 1999. Prior to that, the fishery was not a formally managed fishery. The fishery is now defined in the Fisheries Management Regulations and managed as a formally managed fishery so as to be able to recover the costs of management in accordance with the government's cost recovery policy. This is therefore the first time that levy is set for the fishery.
Levy is payable on 4 February 2000 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 3 of the Regulations are set out below:
Regulation 3.1 defines the terms used in the Part.
Regulation 3.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amounts are the research component.
Regulation 3.3 provides for when levy is due and payable.
Coral Sea Fishery (Part 4 of the Regulations)
The Regulations set the levy payable for a Coral Sea Fishery fishing permit in force on 4 January 2000. The amount of levy payable is $1560. The levy amount is made up of management costs of $1500, the research component of which is $60.
The 199912000 levy is significantly less than the $3013 paid in 1998/99. This decrease is a result of a decision of the AFMA Board to subsidise the levy for 1999/2000 from government funds. The Coral Sea Fishery includes a diverse range of activities in a large geographic area but with only a small number of operators. The costs of management are therefore high compared to the number of operators. The arrangements for management of the fishery are consequently being reviewed, and levies reduced during that review period.
Levy is payable on 1 February 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 4 of the Regulations are set out below:
Regulation 4.1 defines the terms used in the Part.
Regulation 4.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 4.3 provides for when levy is due and payable.
Eastern Tuna and Billfish Fishery (Part 5 of the Regulations)
The Eastern Tuna and Billfish Fishery (ETBF) is divided into sectors based on area and method of fishing. A fishing permit for the fishery allows an operator to fish in one or more sectors.
The Regulations set the levy payable for an ETBF fishing permit in force on 16 December 1999 or 3 March 2000. The amount of levy payable is set out in column 3 of Schedule 1 for the sector that is included as a condition on a fishing permit. If the permit authorises fishing in two or more sectors of the fishery, the amount payable will be the greater or greatest amount of levy shown in column 3 of Schedule 1.
The Regulations set the levy payable for an ETBF fishing permit in force in 1999/2000 authorising Commonwealth operators to take by-catch of ETBF species in the course of fishing for Southern Bluefin Tuna, in the area of the fishery. The levy payable is $549, the research component of which is $320.
The 1999/2000 levy amounts are all higher than those in 1998/99.
SECTOR Levy Amount ($ per permit authorising fishing in that sector)
1998/99 1998/99 1999/2000 1999/2000 Research
TOTAL* Research TOTAL Component
Component
Minor line methods 1,087 234 1,421 320
ML)
Pole Sector (PL) 1,087 234 1,421 320
Pelagic Longline (PLL) 4,550 234 5,894 320
(Sub-area 1)
PLL (Sub-area 2) 4,077 234 5,284 320
PLL (Sub-area 4) 2,267 234 2,946 320
PLL (Sub-area 5) 2,166 234 2,815 320
PLL (Sub-area 6) 2,166 234 2,815 320
PLL (Sub-area 7) 2,166 234 2,815 320
PLL (Sub-area 8) 2,166 234 2,815 320
PLL (Sub-area 9) 1,397 nil 1,804 320
PLL (Sub-area 10) 411 234 549 0
Purse Seine (PS) (Sub- 5,767 576 7,362 320
area 3)
PS (Sub-area 4) 3,563 576 4,515 658
PS (Sub-area 6) 4,429 576 5,634 658
PS (Sub-area 7) 3,091 576 3,906 658
By-catch 411 234 549 320
The increase is due to increases in management costs and research costs, including costs associated with the development and implementation of a management plan for the fishery, increased service fees for logbook processing, licensing and compliance due to an increased number of operators actively fishing and increased research costs associated with the observer program for the Threat Abatement Plan for the incidental catch (or by-catch) of seabirds during oceanic longline fishing operations (TAP).
Levy is payable in two equal instalments, the first being payable by 14 January 1999 or 28 days after the invoice date for the instalment, and the second instalment being payable by 31 March 1999 or 28 days after the invoice date for the instalment.
Great Australian Bight Trawl Fishery (Part 6 of the Regulations)
The Regulations set the levy payable for a Great Australian Bight Trawl Fishery SFR in force on 4 January 2000. The amount of levy payable is $14,160, the research component of which is $1493.
The 1999/2000 levy is more than the $12,157 paid in 1998/99. The rise is due to an increase in management costs and research contributions.
The increase in management costs reflects added staffing costs, costs associated with the development of Management Plan amendments, a Bycatch Action Plan and other management issues. The research component has increased due to an increase in the average value of the fishery over the preceding three years.
Levy is payable on 4 February 2000 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 6 of the Regulations are set out below:
Regulation 6.1 defines the terms used in the Part.
Regulation 6.2 specifies the amounts of levy payable for a statutory fishing right for the fishery. The note explains what proportion of the amounts is the research component.
Regulation 6.3 provides for when levy is due and payable.
Heard Island and McDonald Islands Fishery (Part 7 of the Regulations)
The Regulations set the levy payable for a Heard Island and McDonald Islands Fishery fishing permit in force on 29 January 2000. The amount of levy payable is $90,553, the research component of which is $22,775.
The 1999/2000 levy is more than the $51,744 paid in 1998/99. The increase in levy is due to an increase in management costs. The HIMI Management Policy expires on 31 December 2000. As a result, additional management attention will be needed to be devoted to the fishery to develop during 1999/2000 a Statutory Management Plan for the HIMI fishery, commencing 1 January 2001.
Levy is payable on 3 May 2000 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 7 of the Regulations are set out below:
Regulation 7.1 defines the terms used in the Part.
Regulation 7.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 7.3 provides for when levy is due and payable.
Jack Mackerel Fishery (Part 8 of the Regulations)
The Regulations set the levy payable for a Jack Mackerel Fishery fishing permit in force on 1 June 2000. The amount of levy payable is $1,203, the research component of which is $60.
As was the case under the 1998 Regulations, the Regulations would provide for an exemption from payment of levy where a fishing permit which authorises the use of a particular boat in part of the fishery is granted to a person who already holds a current fishing permit in relation to the same boat for another part of the fishery. This exemption recognises that overall management effort in the fishery will not be increased by granting a current operator a second permit, and hence additional levy ought not be paid by that operator.
The 1999/2000 levy is higher than the $700 paid in 1998/99, the research component of which was $60.. The increase in the levy reflects increased management costs associated with developing new management arrangements for the fishery, planned for implementation in early 2000. The research component has increased due to an increase in the average value of the fishery over the preceding three years.
Levy is payable on 30 June 2000 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 8 of the Regulations are set out below:
Regulation 8.1 defines the terms used in the Part.
Regulation 8.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 8.3 provides for when levy is due and payable.
Macquarie Island Developmental Fishery (Part 9 of the Regulations)
The Macquarie Island Fishery (the fishery) was established as a developmental fishery in November 1996 for a period of three years. A single commercial operator has been allowed access to the fishery during this period to undertake commercial fishing operations and to collect information which can be used to determine the extent of commercial fisheries resources and the level at which they can be utilised on a sustainable basis. The developmental phase of the fishery is now over.
No levy will be payable in 1999/2000 due to the carry over of unspent monies from the previous year's levy.
Details of Part 9 of the Regulations are set out below:
Regulation 9.1 defines the terms used in the Part.
Regulation 9.2 specifies that levy will not be payable in relation to the fishery.
North West Slope Trawl Fishery (Part 10 of the Regulations)
The Regulations set the levy payable for a North West Slope Trawl Fishery fishing permit in force on 4 February 2000. The amount of levy payable is $4,069, the research component of which is $176.
The 1999/2000 levy is lower than the $5,074 paid in 1998/99. The decrease reflects a reduction in estimated management costs. The research component has increased slightly due to an increase in the average value of the fishery over the preceding 3 years.
Levy is payable on 3 March 2000 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 10 of the Regulations are set out below:
Regulation 10.1 defines the terms used in the Part.
Regulation 10.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 10.3 provides for when levy is due and payable.
Northern Prawn Fishery (Part 11 of the Regulations)
The Northern Prawn Fishery (NPF) operates by granting operators SFR's under the Northern Prawn Fishery Management Plan 1995. The Regulations set levy payable for a Northern Prawn Fishery SFR in force on 16 November 1999. The levy amount is $56.09, the research component of which is $5.19.
The levy amount includes the next 6-monthly payment on a loan taken out by Queensland Fisheries Management Authority and funded by the fishery, to pay for a voluntary adjustment scheme (VAS) under which units of fishing capacity in the fishery were surrendered to the Commonwealth at an agreed value. This payment is known as the VAS component and is $34.26.
The overall levy amount in 1999/2000 is lower than 1998/99. The decrease in the amount payable reflects the fact that the final VAS loan payment will be made in January 2000 and a second instalment is therefore not required.
Levy is payable on 23 December 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 11 of the Regulations are set out below:
Regulation 11.1 defines the terms used in the Part.
Regulation 11.2 specifies the amount of levy payable for a statutory fishing right for the fishery. The note explains what proportion of the amount is the research component.
Regulation 11.3 provides for when levy is due and payable.
South East Non-trawl Fishery (Part 12 of the Regulations)
The Regulations set the levy payable for a South East Non-trawl Fishery (SENTF) fishing permit in force on or before 30 June 2000.
The SENTF is managed by means of quota units, each of which allows the holder of the units to take a particular quantity (by weight) of one of the 3 species of fish (quota species) that are subject to quota restrictions in the fishery. AFMA sets the weight of fish that can be taken under a quota unit.
The levy that is payable in 1999/2000 for permits that allow fishing for any species is calculated by adding two amounts. The first amount is a set amount which consists of management costs and research costs components. This amount would be $937, the research component of which is $67. The second amount is calculated by multiplying the number of permanent units of quota on a SENTF fishing permit by the rate for the relevant quota species stated in the Regulations. The rate for the three key quota species are:
* blue-eye trevalla - 41.0 cents;
* pink ling - 26.9 cents; and
* blue warehou - 4.7 cents.
The levy that is payable in 1999/2000 for permits that allow fishing for quota species only is the total of amounts worked out using the above rates per unit quota, but not including the base levy amount.
Levy amounts per unit of quota for pink ling and blue eye trevalla in 1999/2000 have decreased compared to that paid in 1998/99, while levy amounts per unit of blue warehou have increased. Overall, management costs and therefore total levy amounts have decreased as a result of significant carry over from the previous year's budget, and specific cost saving measures in relation to the administration of the fishery, for instance a reduction in the number of 11AC meetings. The research component of the levy has increased slightly in accordance with an increase in the average value of the fishery over the preceding 3 years.
If the fishing permit is granted before 14 April 2000, the levy would be due and payable in two instalments as follows:
* one-third of the total amount of levy payable is payable on 28 January 2000 or 28 days after the invoice date for the instalment; and
* the remainder of the levy is payable by 12 May 2000 or within 28 days after the invoice date for the instalment.
If the fishing permit is granted on or after 14 April 2000, all of the levy would be due and payable within 28 days after the invoice date for the levy.
Details of Part 12 of the Regulations are set out below:
Regulation 12.1 defines the terms used in the Part.
Regulation 12.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 12.3 provides for when levy is due and payable.
South East Trawl Fishery (Part 13 of the Regulations)
The Regulations set the levy payable for a South East Trawl Fishery (SETF) fishing permit in force on or before 30 June 2000.
The fishery is managed by means of quota units, each of which allows the holder of the units to take a particular quantity (by weight) of one of the 16 species of fish (quota species) that are subject to quota restrictions in the fishery. AFMA sets the weight of fish that can be taken under a quota unit.
The levy that is payable in 1999/2000 is calculated by multiplying the units of quota shown as a condition on a fishing permit in force on or before 30 June 2000 by the amount stated in column three in the item in Part 2 or 3 of Schedule 2.
The levy amounts per unit of quota of species in 1999/2000 have generally increased compared to that paid in 1998/99.
SPECIES Levy Amount (cents per unit)
1998/99 1998/99 1999/2000 1999/2000
TOTAL* Research TOTAL Research
Component Component
Blue-Eye Trevalla 16.9 1.3 21.3 1.7
Blue Grenadier 6.9 0.5 8.4 0.7
Blue Warehou 7.6 0.6 5.5 0.4
Flathead 6.6 0.5 9.0 0.7
Jackass Morwong 4.6 0.3 4.5 0.4
John Dory 12.2 0.9 13.2 1.1
Ling 31.9 2.4 31.0 2.5
Mirror Dory 5.9 0.4 4.9 0.4
Ocean Perch 19.3 1.4 12.9 1.0
Redfish 14.1 1.1 13.0 1.0
Royal Red Prawn 3.8 0.3 11.6 0.9
School Whiting 1.5 0.1 1.8 0.1
Silver Trevally 2.0 0,1 1.3 0.1
Spotted Warehou 16.2 1.2 12.4 1.0
Gemfish - Eastern Sector 4.0 0.3 4.0 0.3
Gemfish - Western Sector 8.9 0.7 7.9 0.6
Orange Roughy - Eastern 2.3 0.2 2.7 0.2
Sector
Orange Roughy - Southern 0.8 0.1 0.9 0.1
Sector
Orange Roughy - Western 8.7 0.6 8.4 0.7
Sector
The management component of the levy has increased slightly because budgeted management costs for 1999/2000 are offset by a smaller carryover in unspent funds from the previous financial year, compared to the carryover into the 1998/99 budget. The research component of the levy has increased due to an increase in the average value of the fishery over the preceding three years. As the levy to be collected is divided throughout the fishery based on the relative proportion of the value (GVP) of each quota species, the proportion of levy per quota unit for a particular species may change from year to year.
If the fishing permit is granted before 14 April 2000, the levy is due and payable in two instalments as follows:
* one-third of the total amount of levy payable would be payable on 28 January 2000 or 28 days after the invoice date for the instalment; and
* the remainder of the levy would be payable by 12 May 2000 or within 28 days after the invoice date for the instalment.
If the fishing permit is granted on or after 14 April 2000, all of the levy is due and payable within 28 days after the invoice date for the levy.
Details of Part 13 of the Regulations are set out below:
Regulation 13.1 defines the terms used in the Part.
Regulation 13.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 13.3 provides for when levy is due and payable.
Southern Bluefin Tuna Fishery (Part 14 of the Regulations)
The Southern Bluefin Tuna Fishery (SBTF) is managed under the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) and the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (the Management Regulations). The Plan provides for management of the fishery under statutory fishing rights (SFRs), where a SFR allows, during a season, for the taking of a quantity of Southern Bluefin Tuna determined by AFMA.
The Regulations set the levy payable in the fishery for an SFR in force on 1 December 1999. The levy amount is 18.36 cents per SFR; the research component of which is 2.17 cents per SFR.
The amount to be levied in 1999/2000 is higher than the 17.03 cents per SFR paid in 1998/99. The increase in levy is due to an increase in costs arising from the need for extra MAC meetings and an increase in research costs associated with the observer program for the Threat Abatement Plan for the incidental catch (or by-catch) of seabirds during oceanic longline fishing operations (TAP). The research component has also risen slightly from 2.01 cents per SFR payable in 1998/99 due to an overall increase in the average value of the fishery over the preceding three years.
Levy is payable in three equal instalments:
* on 15 January 1999;
* on 12 March 1999; and
* on 3 May 1999;
or within 28 days after the invoice date for the instalment.
Details of Part 14 of the Regulations are set out below:
Regulation 14.1 defines the terms used in the Part.
Regulation 14.2 specifies the amount of levy payable for a statutory fishing right for the fishery. The note explains what proportion of the amount is the research component.
Regulation 14.3 provides for when levy is due and payable.
Southern Shark Fishery (Part 15 of the Regulations)
In 1999/2000 Offshore Constitutional Settlement (OCS) arrangements will transfer single jurisdiction for school shark (Galeorhinus galeus) and gummy shark (Mustelus antarcticus) to the Commonwealth. The present State endorsed operators will be given the opportunity to become operators in a new enlarged Commonwealth managed fishery which encompasses State and Commonwealth waters.
The Regulations set the amount of levy payable in the Southern Shark Fishery (SSF) by reference to the sectors and amounts of gear included as conditions on the permit.
The SSF is divided into two sectors on the basis of fishing methods permitted to be used in the fishery: the Gillnet Sector, in which the quantity of net which can be used is regulated by a system of net units for existing Commonwealth operators, and the Hook Sector. Existing Commonwealth operators in the Hook Sector are further divided into two groups, those entitled to use up to 1,000 hooks, and those entitled to use up to 2,000 hooks.
The Regulations set levy payable on an SSF fishing permit in force on or before 30 June 2000. The levy amount is:
* $864 per net unit for the Gillnet Sector, the research component of which is $44.20;
* $617 for the 1000 Hook Sector, the research component of which is $31.56; and
* $1234 for the 2000 Hook Sector, the research component of which is $63.12.
The levy is due and payable on 28 April 2000 or within 28 days after the invoice date for the levy, whichever is the later.
Levies have risen from those paid in 1998/99:
* 1998/99 levy for the Gillnet Sector - $633 (research component $35);
* 1998/99 levy for the 1000 Hook Sector - $458 (research component $25); and
* 1998/99 levy for the 2000 Hook Sector - $916 (research component $50).
The 1999/2000 levies in this fishery are approximately the same as the levies for 1996/97 and 1997/98. The 1998/99 levy was unusually low due to a large credit for under expenditure in 1997/98. The budgeted management costs for 1999/2000 for this fishery have increased due to additional operators and the implementation of individual transferable quotas in the fishery in early 2000. This increase has been fully offset by an AFMA Board decision to limit industry's share of the Southern Shark budget to the same amount as budgeted in 1997/98. The research component of the levy amount has increased due to an increase in the value of the fishery.
Former State-only concession holders who will enter the fishery after OCS Arrangements are finalised are not included in these calculations. AFMA intends to grant new permits to operators who currently hold only a State licence and will require a Commonwealth permit to remain part of the fishery once the OCS arrangements come into effect. The Proposed Regulation would set a pro-rata levy amount for each month that the permit is held in this financial year for SSF Commonwealth fishing permits granted to these previous State only operators. The levy amount is $53 per month. This levy amount equals the levy per month paid in informally managed fisheries, once the research component has been removed. A research component will not be collected from previous State only operators (who will enter the Commonwealth fishery sometime in 2000) as they will already have been required to pay a contribution to research through their former State entitlement.
Former dual-endorsed concession holders will receive a replacement Commonwealth SSF Permit when OCS Arrangements are implemented, in order to alter the area of waters on their permit. These replacement permits would be differentiated from other permits by the date of grant being after 30 November 1999. No levy is payable on these permits.
During 1999/2000, Individual Transferable Quotas (ITQs) may be implemented in the SSF. As this could affect the profitability of some operations, the Regulations will allow for the refund or remission of levy should an operator wish to surrender their permit as they will have already paid levy on their State endorsement.
There are two categories of Commonwealth operators who will qualify for a pro rata refund or remission of levy if they notify AFMA, in writing, of their agreement to forgo all future rights to access in the S SF through the surrendering a permit. The first category includes those Commonwealth SSF operators who sell to the Commonwealth Government adjustment buy-out prior to the introduction of ITQ's. The second category includes those Commonwealth operators, that were previously State only operators (prior to the OCS), who acquire an SSF permit during 1999/2000 but later choose to surrender their SSF permit prior to the introduction of ITQ's.
Details of Part 15 of the Regulations are set out below:
Regulation 15.1 defines the terms used in the Part.
Regulation 15.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 15.3 provides for when levy is due and payable.
Regulation 15.4 details the situations in which levy may be refunded or remitted.
Southern Squid Fishery (Part 16 of the Regulations)
The Regulations set levy for a Southern Squid Fishery fishing permit in force on 17 December 1999. The levy amount is $900, the research component of which is $60.
The 1999/2000 levy is significantly lower than the 1998/99 levy which was set at $1,797. The reduction in levy is due to carry over of unspent monies from the previous financial year and a reduction in estimated salary costs.
Levy for the fishery is payable on 15 January 2000 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 16 of the Regulations are set out below:
Regulation 16.1 defines the terms used in the Part.
Regulation 16.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 16.3 provides for when levy is due and payable.
Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery (Part 17 of the Regulations)
The Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery (STBF&WTBF) are situated next to each other in the Australian Fishing Zone and species are common to both fisheries, with management arrangements being developed consistently across both areas. The same levy arrangements apply to both fisheries.
The Regulations set the rate of levy for a fishing permit in all, or part of either or both the STBF&MBF in force on 25 January 2000. The levy amount is:
* $2,488 for a permit authorising purse seining,
* $1,815 for a permit authorising pelagic longlining,
* $1,278 for a permit authorising the use of any other line fishing methods.
If more than one method is allowed to be used under a fishing permit, then only the highest of the rate of levy specified above is payable. The research component of each amount is $118.
The amount of levy has increased compared to the amount paid in the preceding financial year. The increase in levy is due to an increase in estimated management costs, including costs associated with the development of a bycatch action plan for the fishery and an increase in research costs associated with the observer program for the Threat Abatement Plan for the incidental catch (or by-catch) of seabirds during oceanic longline fishing operations (TAP). The research component has also increased due to an overall increase in the value of the fishery over the three preceding years.
The Regulations set the levy payable for an ST&BF or WT&BF fishing permit in force in 1999/2000 authorising Commonwealth operators to take by-catch of ST&BF or WT&BF species in the course of fishing for Southern Bluefin Tuna, in the area of the fishery. The levy payable would be $412.
Levy for the fishery would be payable on 22 February 2000 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 17 of the Regulations are set out below:
Regulation 17.1 defines the terms used in the Part.
Regulation 172 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 17.3 provides for when levy is due and payable.
South Tasman Rise Fishery (Part 18 of the Regulations)
The Regulations consolidate existing Regulations (Fishing Levy Amendment Regulations 1999 (No. 2)) with these amendment Regulations. Therefore the existing arrangements continue, whereby the levy for a STRF fishing permit is 10 cents per kilogram of Orange Roughy taken under the permit in the period from 1 March in a year to the last day of February in a year. That year is split into two fishing periods.
The levy for each fishing period is payable on 10 June 1999 and 14 April 2000 respectively, or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 18 of the Regulations are set out below:
Regulation 18.1 defines the terms used in the Part.
Regulation 18.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 18.3 provides for when levy is due and payable.
Western Deep Water Trawl Fishery (Part 19 of the Regulations)
The Regulations set the amount of levy payable for a Western Deep Water Trawl Fishery fishing permit in force on 4 January 2000. The levy amount is $2,640, the research component of which is $40.
The 1999/2000 levy is significantly lower than the 1998/99 levy which was set at $4,984. The decrease reflects a substantial reduction in the estimated management costs for this fishery. The research component has increased due to an increase in the average value of the fishery over the preceding three years.
The levy is payable on 25 January 2000 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 19 of the Regulations are set out below:
Regulation 19.1 defines the terms used in the Part.
Regulation 19.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 19.3 provides for when levy is due and payable.
Other Fisheries (Part 20 of the Regulations)
The Regulations set the levy payable for an informally managed fishery fishing concession. The levy amount is $700, the research component of which is $60. The amount of levy has not change from that specified in the 1998 Regulations.
The levy is payable on the grant of a fishing concession and on each anniversary of the grant or 28 days after the invoice date for the levy. If the same boat is proposed to be used for two informally managed fishery permits, levy would only be payable in relation to one of those permits.
No levy is payable for a Victorian Inshore Trawl Fishery fishing permit. This fishery only recently came under Commonwealth jurisdiction. Management costs associated with the operations of such permit holders are recovered through the South East Trawl Fishery in which most operators also hold permits.
Details of Part 20 of the Regulations are set out below:
Regulation 20.1 defines the terms used in the Part.
Regulation 20.2 specifies the amount of levy payable on a fishing permit for the fishery. The note explains what proportion of the amount is the research component.
Regulation 20.3 provides for when levy is due and payable.