Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY REGULATIONS 2000 2000 NO. 336

STATUTORY RULES 2000 No. 336

Issued by the authority of the Minister for Agriculture, Forestry and Fisheries

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy Regulations 2000

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.

The purpose of the Fishing Levy Regulations 2000 (the Regulations) is to repeal the Fishing Levy Regulations 1999 (the 1999 Regulations) and replace them with the Regulations, which set the amounts of levy payable on. fishing concessions that relate to the 2000/2001 financial year in each of the fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth. The Regulations also specify the timeframes for when those amounts of levy are due and payable.

The Regulations apply to all fisheries managed by AFMA on behalf of the Commonwealth and replace the 1999 Regulations. The Regulations, like the 1999 Regulations, are made under both the Levy Act and the Management Act. The 1999 Regulations specified the amount of levy imposed in respect of fishing concessions granted in relation to each of the fisheries referred to in the 1999 Regulations during particular periods of time.

In accordance with government policy, AFMA recovers from the holders of fishing concessions (operators) in each fishery:

*       the costs of management attributable to operators' activities, such as surveillance costs and costs of running the Management Advisory Committee (MAC); 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 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.

Other costs, such as the costs of prosecutions, are funded by the Commonwealth.

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 set under the Regulations relates 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 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.

Details of the Regulations, including rates of levy and when the levy is due and payable, are set out in the attachment.

The Regulations commenced on gazettal.

Regulation 1.1 provides for the Regulations to be cited as the Fishing Levy Regulations 2000.

Regulation 1.2 provides that the Regulations commence on gazettal

Regulation 1.3 repeals the 1999 Regulations and relevant amending regulations.

Regulation 1.4 defines terms used in the Regulations. 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;

"FRDC contribution" means the amount collected for research and development in accordance with the Primary Industries and Energy Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 199 1;

"1999 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;

"proposed Regulations" means the proposed Fishing Levy Regulations 2000; and

"SFR" means a statutory fishing right.

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 25 January 2001, and for each permit in force on the same date each year after that.

The fishery includes an inshore and offshore pelagic longline fishery, a hand fishery and a trawl fishery which each relate to different areas of waters.

The amount of levy payable for a permit that allows fishing using a pelagic longline method in Sub-area 1 (Christmas Island Inshore Area) is $1,938. The amount of levy payable for a permit that allows fishing using a pelagic longline method in Sub-areas 2 or 4 (Christmas Island Offshore Area and Cocos (Keeling) Islands Offshore Area) is $5,593. These levy amounts include the costs of managing the fishery and an FRDC contribution of $60. This levy is significantly more than last year's levy as this year the offshore tuna fishery moved to a system of formal management under full cost recovery. Furthermore, the offshore fishery incorporates a requirement for 30% observer coverage within the fishery, the administration costs of which are included in the levy base.

The amount of levy payable for a permit that allows fishing using a, hand fishing method in Subarea 3 (Cocos (Keeling) Islands Inshore Area) is $1,342. This levy amounts include the costs of managing the fishery, and an FRDC contribution of $60. There is one permit holder who uses this method to fish for aquarium fish. This levy amount is only slightly higher than last year.

The amount of levy payable for a permit that allows fishing using trawl methods in Sub-areas 2 or 4 (Christmas Island Offshore Area and Cocos (Keeling) Islands Offshore Area) is $17,100. This levy amount includes the costs of managing the fishery and an FRDC contribution of $60.

This is the first year that a permit will be issued to trawl in the fishery as part of an exploratory fishing period that will span three years. The levy is comparatively high because there is only one fishing concession in the Fishery and costs that are to be recovered include those associated with development of permit conditions and attributable management costs. These costs include the annual evaluation of the exploratory fishing program to determine whether any changes to management arrangements are required and to contribute to the assessment of whether an ongoing fishery exists.

Levy is payable on 25 February in the applicable year 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 sets out the amount that is the FRDC contribution.

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 1 March 2001.

The levy payable is $1,560. The levy is made up of management costs of $1,500, and an FRDC contribution of $60.

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. A review of the arrangements for management of the fishery has consequently been initiated, and levies reduced during that review period in accordance with a decision of the AFMA Board. The levy is therefore set at the same rate as in the 1999 Regulations and does not meet the full costs of managing the fishery.

Levy is payable on 28 March 2001 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 sets out the amount that is the FRDC contribution.

Regulation 4.3 provides for when levy is due and payable.

East Coast Deepwater Zone Fishery (Part 5 of the Regulations)

The Regulations set the levy payable for an East Coast Deepwater Zone Fishery fishing permit in force on 1 January 2001, and for each permit in force on the same date each year after that.

The levy payable is $2,943. The levy is made up of management costs of $2,883, and an FRDC contribution of $60. The levy amount that is set by the Regulations is calculated on the basis of the cost of managing the fishery, and includes staffing costs, costs associated with the development of long-term management arrangements and a By-catch Action Plan as well as the normal costs associated with the managing a fishery.

The levy amount is slightly higher than last year as fewer operators have applied for permits in the fishery and the levy base is therefore to be recovered from fewer permit holders.

Levy would be payable on 28 January in the applicable year or 28 days after the invoice date for the levy, whichever is the later.

Details of Part 5 of the Regulations are set out below:

Regulation 5.1 defines the terms used in the Part.

Regulation 5.2 specifies the amount of levy payable on a fishing permit for the fishery. The note sets out the amount that is the FRDC contribution.

Regulation 5.3 provides for when levy is due and payable.

Eastern Tuna and Billfish Fishery (Part 6 of the Regulations)

The Regulations set the levy payable for an Eastern Tuna and Billfish Fishery fishing permit in force on 16 December 2000 or 3 March 2001.

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 amount of levy that is 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 would be the greater or greatest amount of levy shown in column 3 of Schedule 1. The levy amount that is set by the Regulations is calculated on the basis of the cost of managing the fishery and an FRDC contribution. The management costs include staffing costs, costs associated with the development of long-term management arrangements and a By-catch Action Plan as well as the normal costs associated with the managing a fishery.

The 2000/2001 levy amounts are all slightly higher than those in 1999/2000 due to an increase in the value of the fishery and therefore an increase in the FRDC contribution for each sector (see Table below).

Levy is due and payable in two equal instalments, the first being payable by 14 January 2001 or 28 days after the invoice date for the instalment, and the second instalment being payable by 31 March 2001 or 28 days after the invoice date for the instalment.

       Levy Amount ($ per permit authorising fishing in that sector)

SECTOR	1999/2000 TOTAL	1999/2000 Research Component	2000/2001 TOTAL	2000/2001 Research Component
Minor line methods (ML)	1,421	320	1504	412
Pole Sector (PL)	1,421	320	1654	562
Pelagic Longline (PLL) (Sub-area 1)	5,894	320	5938	412
PLL (Sub-area 2)	5,284	320	5333	412
PLL (Sub-area 4)	2,946	320	3015	412
PLL (Sub-area 5)	2,815	320	2886	412
PLL (Sub-area 6)	2,815	320	2886	412
PLL (Sub-area 7)	2,815	320	2886	412
PLL (Sub-area 8)	2,815	320	2886	412
PLL (Sub-area 9)	1,804	320	1789	0
PLL (Sub-area 10)	549	0	639	412
Purse Seine (PS) (Sub-area 3)	7,362	320	7208	562
PS (Sub-area 4)	4,515	658	4386	562
PS (Sub-area 6)	5,634	658	5495	562
PS (Sub-area 7)	3,906	658	3782	562

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 on a fishing permit for the fishery. The note sets out the amount that is the FRDC contribution.

Regulation 6.3 provides for when levy is due and payable.

Great Australian Bight Trawl Fishery (Part 7 of the Regulations)

The Regulations set the levy payable for a Great Australian Bight Trawl Fishery SFR in force on 1 February 2001, and for each SFR in force on the same date each year after that.

The levy payable is $11,528. The levy is made up of management costs of $9,922, and an FRDC contribution of $1,606. The management costs of the fishery include staffing costs, costs associated with the development of Management Plan amendments, a Bycatch Action Plan for the fishery, the administration of the Great Australian Bight Management Advisory Committee and other management issues.

The 2000/2001 levy is significantly less than the $14,160 set in 1999/2000. Whilst the management costs for each year are similar, there has been a comparatively large carryover in unspent funds from the previous financial year. This resulted from lower than expected industry costs. The FRDC research component has increased due to an increase in the average value of the fishery over the preceding three years.

Levy is payable on 1 March in the applicable year 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 amounts of levy payable for a statutory fishing right for the fishery. The note sets out the amount that is the FRDC contribution.

Regulation 7.3 provides for when levy is due and payable.

Heard Island and McDonald Islands Fishery (Part 8 of the Regulations)

The Regulations set the levy payable for a Heard Island and McDonald Islands Fishery fishing permit in force on 18 December 2000.

The levy payable is $154,263. The levy is made up of management costs of $127,149, and an FRDC contribution of $27114.

The 2000/2001 levy is more than the $90,553 set in the 1999 Regulations. The increase is due to an increase in the costs of managing the fishery that reflect the additional management attention that will be devoted to the development of a Statutory Management Plan for the fishery. This will necessitate the establishment of an SFR register. There will also be an increase in Management Advisory Committee member reimbursements that were previously self funded. The FRDC research component has increased due to an increase in the average value of the fishery over the preceding three years.

Levy is payable on 15 January 2001 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 sets out the amount that is the FRDC contribution.

Regulation 8.3 provides for when levy is due and payable.

Jack Mackerel Fishery (Part 9 of the Regulations)

The Regulations set the levy payable for a Jack Mackerel Fishery fishing permit in force in the period 1 March 2001 to 28 February 2002.

The levy payable is $1,372. The levy is made up of management costs of $1,312, and an FRDC contribution of $60. The 2000/2001 levy is higher than the $1,203 set in the 1999 Regulations. The increase reflects the additional management attention that are being devoted to the fishery in 2000/2001 to develop and implement new management arrangements for the fishery.

As was the case under the 1999 Regulations, the Regulations 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.

Levy is payable on 30 April 2001 or 28 days after the invoice date for the levy, whichever is the later.

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 the amount of levy payable on a fishing permit for the fishery. The note sets out the amount that is the FRDC contribution.

Regulation 9.3 provides for when levy is due and payable.

Macquarie Island Fishery (Part 10 of the Regulations)

The proposed Regulations set the levy payable for a Macquarie Island Fishery fishing permit in force on 1 February 2001.

The levy payable is $158,412. The levy is made up of management costs of $156209, and an FRDC contribution of $2203. The management costs include the development of a Statutory Management Plan for the fishery. This will necessitate the establishment of an SFR register. There will also be an increase in Management Advisory Committee member reimbursements that were previously self funded.

No levy amount was set in the 1999 Regulations for this fishery as under expenditure from the previous year was carried over.

Levy is payable on 1 March 2001 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 sets out the amount that is the FRDC contribution.

Regulation 10.3 provides for when levy is due and payable.

Norfolk Island Offshore Demersal Finfish Fishery (Part 11 of the Regulations)

The Regulations set the levy payable for a Norfolk Island Offshore Demersal Finfish Fishery fishing permit in force in the period 1 January 2001 to 30 June 2001.

The levy payable is $3,455. The levy is made up of management costs of $3,395 and an FRDC contribution of $60.

AFMA intends to grant permits for the first time in the Norfolk Island Offshore Demersal Finfish Fishery in late 2000. The permits will be granted annually as part of a three-year exploratory program, in accordance with management arrangements that were developed through the preparation of an Exploratory Management Report. The levy amount relates to the costs of managing the fishery.

Levy is payable on 1 March 2001 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 on a fishing permit for the fishery. The note sets out the amount that is the FRDC contribution.

Regulation 11.3 provides for when levy is due and payable.

Northern Prawn Fishery (Part 12 of the Regulations)

The Regulations set the levy payable for a Northern Prawn Fishery SFR in force on 16 January 2001, and for each SFR in force on the same date each year after that.

The levy payable is $24.79. The levy is made up of management costs of $19.56, and an FRDC contribution of $5.23.

The 2000/2001 levy is significantly less than the levy set in the 1999 Regulations because that levy amount included an amount for 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 the VAS, units of fishing capacity in the fishery were surrendered to the Commonwealth at an agreed value. This loan was paid out at the beginning of this year so the levy amount for this year does not include an amount for that payment.

Levy is payable on 16 February in the applicable year or 28 days after the invoice date for the levy, whichever is the later.

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 for a statutory fishing right for the fishery. The note sets out the amount that is the FRDC contribution.

Regulation 12.3 provides for when levy is due and payable.

North West Slope Trawl Fishery (Part 13 of the Regulations)

The Regulations set the levy payable for a North West Slope Trawl Fishery fishing permit in force on 1 February 2001, and for each permit in force on the same date each year after that.

The levy payable is $3,980.28. The levy is made up of management costs of $3,703.85, and an FRDC contribution of $276.42. The 2000/2001 levy is less than the amount set in the 1999 Regulations. The decrease is due to the carry over of unspent funds from the previous year as a Management Advisory Committee meeting was not held and travel costs therefore did not have to be met.

Levy is payable on 1 March 2001 or 28 days after the invoice date for the levy, whichever is the later.

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 sets out the amount that is the FRDC contribution.

Regulation 13.3 provides for when levy is due and payable.

South East Non-trawl Fishery (Part 14 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 2001.

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 payable in 2000/2001 for permits that allow fishing for any species will be calculated by adding two amounts. The first amount is a set amount which consists of management costs and research costs components. This amount is $736, the research component of which is $75. 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 proposed Regulations. The rate for the three key quota species are:

*       blue-eye trevalla - 36.7 cents;

*       pink ling - 22.4 cents; and

*       blue warehou - 2.2 cents.

The levy payable in 2000/2001 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 each species in 2000/2001 have decreased compared to that paid in 1998/99. 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 saying measures in relation to the administration of the fishery; for instance a reduction in the number of MAC meetings. The research component of the levy has increased 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 2001, the levy will be due and payable in two instalments as follows:

*       one-third of the total amount of levy payable is payable on 28 January 2001 or 28 days after the invoice date for the instalment; and

*       the remainder of the levy is payable by 15 May 2001 or within 28 days after the invoice date for the instalment.

If the fishing permit is granted on or after 14 April 2001, all of the levy would be due and payable within 28 days after the invoice date for the levy.

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 on a fishing permit for the fishery. The note sets out the amount that is the FRDC contribution.

Regulation 14.3 provides for when levy is due and payable.

South East Trawl Fishery (Part 15 of the Regulations)

The Regulations would set the levy payable for a South East Trawl Fishery (SETF) fishing permit in force on or before 3 0 June 200 1.

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 that are subject to quota restrictions in the fishery (quota species). Prior to the commencement of a new fishing year, AFMA sets the weight of fish that can be taken, after consultation with the South East Trawl Management Advisory Committee.

The levy payable in 2000/2001 is calculated by adding the amount due for each quota species. The proportion of the total levy that is collected in relation to each species is weighted on the basis of the proportional contribution of each species to the Gross Value of Product for the fishery. The amount due for each quota species is calculated by multiplying the number of kilograms shown as a condition on a fishing permit at the time that the permit is granted by the amount stated in column 3 in the item in Part 2 or 3 of Schedule 2.

       Levy Amount (cents per kg)

SPECIES	1999/2000 TOTAL	1999/2000 Research Component	2000/2001 TOTAL	2000/2001 Research Component
Blue-Eye Trevalla	21.3	1.7	22.0	2.1
Blue Grenadier	8.4	0.7	4.7	0.4
Blue Warehou	5.5	0.4	14.7	1.6
Flathead	9.0	0.7	6.2	0.6
Jackass Morwong	4.5	0.4	4.7	0.5
John Dory	13.2	1.1	11.1	1.1
Ling	31.0	2.5	10.2	1.0
Mirror Dory	4.9	0.4	3.5	0.3
Ocean Perch	12.9	1.0	8.1	0.8
Redfish	13.0	1.0	3.8	0.4
Royal Red Prawn	11.6	0.9	7.2	0.7
School Whiting	1.8	0.1	1.8	5.1
Silver Trevally	1.3	0.1	1.4	0.1
Spotted Warehou	12.4	1.0	2.8	0.3
Gemfish - Eastern Sector	4.0	0.3	5.2	0.5
Gemfish - Western Sector	7.9	0.6	7.4	0.7
Orange Roughy - Eastern Sector	2.7	0.2	12.9	1.2
Orange Roughy - Southern Sector	0.9	0.1	5.3	0.0
Orange Roughy - Western Sector	8.4	0.7	3.6	0.3

Total levy to be collected in 2000/2001 has decreased compared to 1999/2000. As the levy to be collected is divided throughout the fishery based on the relative proportion of the value of each quota species, the proportion of levy per quota unit for a particular species may change from year to year. The levy amounts per kilogram of quota species in 2000/2001 have generally decreased compared to that paid in 1999/2000. This reflects the removal of costs associated with managing the Victorian Inshore Trawl Fishery (which as from 2000/01 will be charged as a separate levy to the affected permit holders to better reflect the Commonwealth's Cost recovery Policy); a comparatively large carryover in unspent funds from the previous financial year, the rolling over of unspent industry research funds into 2000/01; and reduced salary, compliance and Management Advisory Committee costs.

If the fishing permit is granted before 14 April 2001, 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 2001 or 28 days after the invoice date for the instalment; and

*       the remainder of the levy would be payable by 15 May 2001 or within 28 days after the invoice date for the instalment.

If the fishing permit is granted on or after 14 April 2001, all of the levy is due and payable within 28 days after the invoice date for the levy.

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 sets out the amount that is the FRDC contribution.

Regulation 15.3 provides for when levy is due and payable.

Southern Bluefin Tuna Fishery (Part 16 of the proposed 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 proposed Regulations would set the levy payable in the fishery for an SFR in force on 18 December 2001. The levy amount is 16.02 cents per SFR, the research component of which is 2.42 cents per SFR.

The amount to be levied in 2000/2001 is lower than the 18,36 cents per SFR paid in 1999/2000. The decrease in levy is due to unspent research funds. The research component has also risen slightly from 2.01 cents per SFR payable in 1999/2000 due to an overall increase in the value of the fishery over the three preceding years.

Levy would be payable in two equal instalments:

*       on 15 January 2000; and

*       on 3 May 2000;

or within 28 days after the invoice date for the instalment.

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 statutory fishing right for the fishery. The note sets out the amount that is the FRDC contribution.

Regulation 16.3 provides for when levy is due and payable.

Southern Squid Fishery (Part 18 of the Regulations)

The Regulations would set levy for a Southern Squid Fishery fishing permit in force on 19 January 2001.

The levy amount is $974, the research component of which is $60.

The 2000/2001 levy is marginally higher than the 1999/2000 levy which was set at $900. The increase is due to higher Management Advisory Committee costs as more meetings are schedule in 2001, changes to logbooks and an increase in staffing costs. There is also a decrease in the excess receipts carried over from the previous year compared to the amount carried over the year before that.

Levy for the fishery is payable on 19 February 2001 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 sets out the amount that is the FRDC contribution.

Regulation 18.3 provides for when levy is due and payable.

Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery (Part 19 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&WTBF in force on 25 January 2001, or the same date in subsequent years. The levy amount is:

* $4,125 for a permit authorising purse seining,

* $4,159 for a permit authorising pelagic longlining,

* $5,60 8 for a permit authorising pelagic longlining and purse-seining;

* $2,118 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 would be payable. The research component of each amount is $298.

The amount of levy has increased compared to the amount set in the 1999 Regulations. The increase in levy is due to increased management costs associated with the overall growth in the fishery and in particular the development of a management plan for the fisheries. Additional costs include the costs associated with the proposed seabird threat abatement plan pilot monitoring program.

The research component has also increased due to an increase in the average value of the fishery over the preceding three years.

Levy for the fishery is payable on 22 February in the applicable year 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 sets out the amount that is the FRDC contribution.

Regulation 19.3 provides for when levy is due and payable.

South Tasman Rise Fishery (Part 20 of the Regulations)

The Regulations set the levy payable for a South Tasman Rise Fishery fishing permit in force on 1 March 2001, and for each permit in force on the same date each year after that.

The levy payable is $6,190. The levy is made up of management costs of $5,484, and an FRDC contribution of $706. The levy amount that. is set by the Regulations is calculated on the basis of the cost of managing the fishery, and includes staffing costs, costs associated with the development of long-term management arrangements and compliance costs. The levy amount is significantly larger than the levy amount of $3,000 set in 1999/2000 as that year was a transitional year between the previous levy structure (10 cents per kilogram) and the new levy structure (amount per permit). The amount set in 1999 therefore related to the costs of managing the fishery for only part of the 1999/2000 fishing year. The levy amount set by the Regulations relates to the costs of managing the fishery for an entire fishing year.

Levy is payable on 28 March in the applicable year or 28 days after the invoice date for the levy, whichever is the later.

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 sets out the amount that is the FRDC contribution.

Regulation 20.3 provides for when levy is due and payable.

Victorian Inshore Trawl Fishery (Part 21 of the Regulations)

The VITF is managed by the Commonwealth in accordance with Offshore Constitutional Settlement arrangements signed between Victoria and the Commonwealth in 1997. Since then the VITF has been managed as an informally managed fishery. This means that levy has not been collected from holders of a fishing permit for the VITF. However, VITF permits have been subject to management arrangements which are consistent with the adjacent South East Trawl Fishery (SETF). The majority of VITF permit holders are also SETF permit holders and in previous years the levy amount for the SETF has included the costs of managing the VITF.

It is intended that the VITF will be incorporated into the SETF area, and work has commenced on developing arrangements to allow this integration. However, this requires an amendment to the SETF Management Plan and will not be effective for some time. In the meantime, AFMA has decided that levy should be collected separately in relation to VITF permits in accordance with Commonwealth's Cost Recovery Policy.

The Regulations set the levy payable for a South Tasman Rise Fishery fishing permit in force on 1 March 2001, and for each permit in force on the same date each year after that.

The levy payable is $1,137. The levy is made up of management costs of $1,077, and an FRDC contribution of $60. The levy amount that would be set by the Regulations is calculated on the basis of the cost of managing the fishery, and includes staffing costs, costs associated with the development of a Statutory Management Plan and allocation of Statutory Fishing Rights, a Bycatch Action Plan, licensing and compliance costs.

Levy is payable on 28 March 2001 or 28 days after the invoice date for the levy, whichever is the later.

Details of Part 21 of the Regulations are set out below:

Regulation 21.1 defines the terms used in the P-art.

Regulation 21.2 specifies the amount of levy payable on a fishing permit for the fishery. The note sets out the amount that is the FRDC contribution.

Regulation 21.3 provides for when levy is due and payable.

Western Deep Water Trawl Fishery (Part 22 of the Regulations)

The Regulations would set the amount of levy payable for a Western Deep Water Trawl Fishery fishing permit in force on 1 January 2001.

The levy payable is $2,557.81. The levy is made up of management costs of $2,497.81, and an FRDC contribution of $60. The 2000/2001 levy is less than the amount set in the 1999 Regulations. The decrease is due to the carry over of unspent funds from the previous year as a Management Advisory Committee meeting was not held and travel costs therefore did not have to be met.

The levy is payable on 1 February 2001 or 28 days after the invoice date for the levy, whichever is the later.

Details of Part 22 of the Regulations are set out below:

Regulation 22.1 defines the terms used in the Part.

Regulation 22.2 specifies the amount of levy payable on a fishing permit for the fishery. The note sets out the amount that is the FRDC contribution.

Regulation 22.3 provides for when levy is due and payable.

Other Fisheries (Part 23 of the Regulations)

The Regulations would set the levy payable for an informally managed fishery fishing concession.

The amount of levy is $1,000. The amount of levy has increased from the amount set in the 1999 Regulations. This amount has increased to incorporate the costs of making a permit application which has previously been charged separately and not included in the levy base.

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 is only payable in relation

to one of those permits.

Details of Part 23 of the Regulations are set out below:

Regulation 23.1 defines the terms used in the Part.

Regulation 23.2 specifies the amount of levy payable on a fishing permit for an informally managed fishery.

Regulation 23.3 provides for when levy is due and payable.