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FISHING LEVY REGULATIONS 2001 2001 NO. 333
EXPLANATORY STATEMENTSTATUTORY RULES 2001 No. 333
Issued by the authority of the Minister for Agriculture, Forestry and Fisheries
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy Regulations 2001
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). A 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 Fishing Levy Regulations 2001 (the Regulations) repeal and replace the Fishing Levy Regulations 2000 (the 2000 Regulations), and set the amounts of levy payable on fishing concessions that relate to the 2001/2002 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, like the 2000 Regulations, are to be made under both the Levy Act and the Management Act.
In accordance with government policy and legislation, AFMA recovers from the holders of fishing concessions (operators) in each fishery:
• the costs of management attributable to the operators' activities, such as the costs of developing and implementing management arrangements, surveillance costs and costs of running the Management Advisory Committees (MACs); 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 under the Levy Act in accordance with the Primary Industries and Energy Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations. A part of the research component is recovered from each fishery, with that part being collected from each concession holder in the fishery. 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 to AFMA under arrangements provided for in the Fisheries Administration Act 1991.
The Regulations set the levy for those fisheries described in Regulation 4B of the Fisheries Management Regulations or for which a plan of management has been determined in accordance with section 17 of the Management Act.
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, 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.
ATTACHMENT
FISHING LEVY REGULATIONS 2001
In this attachment:
"AFMA" means the Australian Fisheries Management Authority;
"GVP" means Gross Value of Product;
"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;
"research component" means the proportion of the total levy that is collected as the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 and which will be specified in subregulation 4A(2) of the Fisheries Research and Development Corporation Regulations 1991
"SFR" means a statutory fishing right.
Part 1 Preliminary
Regulation 1.1 provides for the Regulations to be cited as the Fishing Levy Regulations 2001.
Regulation 1.2 provides that the Regulations commence on gazettal.
Regulation 1.3 repeals the 2000 Regulations and relevant amending regulations.
Regulation 1.4 defines terms used in the Regulations. In particular, the Regulation:
• 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;
• 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.
Note 2 lists all the fisheries managed under a plan of management made under section 17 of the Management Act.
Part 2 Christmas Island and Cocos (Keeling) Islands Fishery
Regulation 2.1 defines the terms used in the Part.
Regulation 2.2 sets the levy payable for a Christmas Island and Cocos (Keeling) Islands Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2002.
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 $1,971. 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 $5,625. These levy amounts include the costs of managing the fishery and a research component of $60. The levy amount has not significantly changed from the amount prescribed in the 2000 Regulations.
The amount of levy payable for a permit that allows fishing using a hand fishing method in Sub-area 3 (Cocos (Keeling) Islands Inshore Area) is $3,320. This levy amount includes the costs of managing the fishery, and a research component of $60. There is one permit holder who uses this method to fish for aquarium fish. This levy amount is $1,978 more than the amount prescribed in the 2000 Regulations. This increase is due to more accurate budgeting for this sector of the fishery based on actual salary costs incurred in the previous financial 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 $48,058. This levy amount includes the costs of managing the fishery and a research component of $60. The management component of the levy for this fishery has increased by $30,958 from the amount prescribed in the 2000 Regulations. These costs have increased dramatically because 2001/2002 is the first full year that costs will be incurred in this sector of the fishery because fishing did not commence until part way through the last financial year. In addition, there will be additional costs incurred in processing data and assessment of information from the first year of the exploratory fishing program that is in place.
Levy is payable on 30 April 2002 or 28 days after the invoice date for the levy, whichever is later (Regulation 2.3).
Part 3 Coral Sea Fishery
Regulation 3.1 defines the terms used in the Part.
Regulation 3.2 sets the levy payable for a Coral Sea Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2002.
The levy payable is $1,229.20 for each permit (the Tier 1 amount), plus an additional amount for each sector of the fishery to which the permit relates (the Tier 2 amount). These additional amounts are:
• for the aquarium fish sector - $331
• for the lobster or trochus sectors - $468.15
• for the line sector - $988.90
• for the trawl sector - $904.85
• for the beche-de-mer sector - $2,146
The Tier 1 amount includes a research component of $60.
This structure for collecting levy is different to that prescribed in the 2000 Regulations which prescribed that an equal amount of levy was to be collected from each permit holder. The new differential rates of levy have been calculated to more accurately reflect the management costs incurred in relation to each sector of the fishery. The total amount of levy to be collected is more than the amount collected in accordance with the 2000 Regulations as the AFMA Board had previously made a decision to cap management costs at $1500. The total levy payable under the Regulations includes a 24.3% government subsidy to reduce industry costs.
Levy is payable on 29 March 2002 or 28 days after the invoice date for the levy, whichever is the later (Regulation 3.3).
Part 4 East Coast Deepwater Zone Fishery
Regulation 4.1 defines the terms used in the Part.
Regulation 4.2 sets the levy payable for an East Coast Deepwater Zone Fishery fishing permit in force on or after 1 January 2002 and on or before 31 December 2002.
The levy payable is $2,859.11, which includes a research component of $60.
The levy amount is calculated on the basis of the cost of managing the fishery, and includes staffing costs, costs associated with the development of long-term management arrangements and a Bycatch Action Plan as well as the normal costs associated with the managing a fishery.
The levy amount is slightly less than the amount prescribed in the 2000 Regulations.
Levy is payable on 29 January 2002 or 28 days after the invoice date for the levy, whichever is later (Regulation 4.3).
Part 5 Eastern Tuna and Billfish Fishery
Regulation 5.1 defines the terms used in the Part.
Regulation 5.2 sets the levy payable for an Eastern Tuna and Billfish Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2002.
The Eastern Tuna and Billfish Fishery (ETBF) is divided into sectors (defined at Regulation 5.1) based on area and method of fishing. A fishing permit for the fishery allows an operator to fish in one or more sectors.
The amount of levy that is payable is set out in Schedule 1 to the Regulations for the sector that is included as a condition on a fishing permit. If the permit authorises fishing in two or more sectors of the fishery, the amount payable is the greater or greatest amount of levy shown in Schedule 1. The levy amount set the proposed Regulations is calculated on the basis of the cost of managing the fishery and a research component. The management costs include staffing costs, costs associated with the development of long-term management arrangements and a Bycatch Action Plan as well as the normal costs associated with the managing a fishery.
The 2001/2002 levy amounts are all slightly higher than those in 2000/2001 due to an increase in the value of the fishery and therefore an increase in the research component for each sector (see Table below).
| SECTOR
|
Levy Amount($ per permit authorising fishing in that sector)
| |||
| 2000/2001
TOTAL
|
2000/2001
Research Component
|
2001/2002
TOTAL
|
2001/2002
Research Component
| |
| Minor
line methods (ML)
|
1504
|
412
|
1594
|
522
|
| Pole
Sector (PL)
|
1654
|
562
|
1709
|
637
|
| Pelagic
Longline (PLL) (Sub-area 1)
|
5938
|
412
|
5946
|
522
|
| PLL
(Sub-area 2)
|
5333
|
412
|
5352
|
522
|
| PLL
(Sub-area 4)
|
3015
|
412
|
3077
|
522
|
| PLL
(Sub-area 5)
|
2886
|
412
|
2950
|
522
|
| PLL
(Sub-area 6)
|
2886
|
412
|
2950
|
522
|
| PLL
(Sub-area 7)
|
2886
|
412
|
2950
|
522
|
| PLL
(Sub-area 8)
|
2886
|
412
|
2950
|
522
|
| PLL
(Sub-area 9)
|
1789
|
0
|
1756
|
0
|
| PLL
(Sub-area 10)
|
639
|
412
|
745
|
522
|
| Purse
Seine (PS) (Sub-area 3)
|
7208
|
562
|
7160
|
637
|
| PS
(Sub-area 4)
|
4386
|
562
|
4390
|
637
|
| PS
(Sub-area 6)
|
5495
|
562
|
5479
|
637
|
| PS
(Sub-area 7)
|
3782
|
562
|
3797
|
637
|
Part 6 Great Australian Bight Trawl Fishery Regulation 6.1 defines the terms used in the Part.
Regulation 6.2 sets the levy payable for a Great Australian Bight Trawl Fishery (GABTF) SFR in force on 8 February 2002, and for a GABTF fishing permit in force on or after 1 January 2002 and on or before 31 December 2002. GABTF fishing permits authorise the take of shark species that are managed under a quota system (defined at Regulation 6.1), consistent with the adjacent Southern Shark, South East Trawl and South East Non-trawl Fisheries.
The levy payable for a GABTF SFR is $23,576.70, and includes a research component of $1,564.30. This amount is approximately double the amount prescribed in the 2000 Regulations. More than half of this increase is a result of research projects initiated by the MAC. Other costs have also increased as a result of having more scheduled meetings to consider environmental initiatives and amendments to the Great Australian Bight Trawl Fishery Management Plan.
The levy payable for a GABTF fishing permit is 8.41 cents for each kilogram of school shark and 20.673 cents for each kilogram of gummy shark mentioned on the permit at the time the permit is granted. This levy reflects the costs associated with managing those species under a quota system, and the amounts are apportioned on the basis of the relative GVP of each species.
Levy is payable on 8 March 2002 or 28 days after the invoice date for the levy, whichever is later (Regulation 6.3).
Part 7 Heard Island and McDonald Islands Fishery
Regulation 7.1 defines the terms used in the Part.
Regulation 7.2 sets the levy payable for a Heard Island and McDonald Islands Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 November 2002.
The levy payable is 10.67 cents per kilogram of quota of Patagonian toothfish (including a research component of 1.02 cents) and 11.313 cents per kilogram of quota of mackerel icefish (including a research component of 1.08 cents). The relevant number of kilograms of quota are those that are mentioned in the permit on 14 March 2002.
This is the first year that individual transferable quotas have been introduced in this fishery. The costs attributed to industry for the management of the fishery have been apportioned between the management of Patagonian toothfish (75%) and mackerel icefish (25%) and levy amounts have been calculated accordingly.
Levy is payable on 11 April 2002 or 28 days after the invoice date for the levy, whichever is later (Regulation 7.3).
Part 8 Jack Mackerel Fishery
Regulation 8.1 defines the terms used in the Part.
Regulation 8.2 sets the levy payable for a Jack Mackerel Fishery fishing permit in force on or after 1 March 2002 and on or before 28 February 2003.
The levy payable is $2,710, including a research component of $60.
This levy amount is significantly higher than the $1,312 prescribed in the 2000 Regulations. Although there was a significant under-expenditure in 2000/2001 which meant that some funds were carried forward, the levy amount is to be increased overall as a result of the costs associated with the development and implementation of new management arrangements, increased compliance costs, a small increase in travel costs and the establishment of a Jack Mackerel Working Group, among other things.
As was the case under the 2000 Regulations, the new 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 29 April 2002 or 28 days after the invoice date for the levy, whichever is later (Regulation 8.3).
Part 9 Macquarie Island Fishery
Regulation 9.1 defines the terms used in the Part.
Regulation 9.2 sets the levy payable for a Macquarie Island Fishery fishing permit in force on or after the commencement of the Regulations and on or before 31 December 2001.
The levy payable is $124,579, including a research component of $385. This levy amount is considerably less than the $158,412 prescribed in the 2000 Regulations. The decrease is primarily due to under-expenditure of the previous year's budget and a decrease in the value of the fishery (and therefore a reduction in the research component).
Levy is payable 28 days after the commencement date of the Regulations or 28 days after the invoice date for the levy, whichever is later (Regulation 9.3).
Part 10 Norfolk Island Offshore Demersal Finfish Fishery
Regulation 10.1 defines the terms used in the Part.
Regulation 10.2 sets the levy payable for a Norfolk Island Offshore Demersal Finfish Fishery fishing permit in force on or after 1 January 2002 and on or before 31 December 2002.
The levy payable is $12,877, including a research component of $60.
This amount is significantly more than the $3,455 prescribed in the 2000 Regulations. The increase is a result of 2001/2002 being the first full year that costs will be recovered from industry because fishing did not commence until part way through the last financial year. In addition there will be costs incurred in processing data and assessment of information from the first year of the exploratory fishing program.
Levy is payable on 15 March 2002 or 28 days after the invoice date for the levy, whichever is later (Regulation 10.3).
Part 11 Northern Prawn Fishery
Regulation 11.1 defines the terms used in the Part.
Regulation 11.2 sets the levy payable for a Northern Prawn Fishery SFR in force on 7 December 2001, or if the Regulations commence after that date, then the date of commencement.
The levy payable is $26.85 per SFR, including a research component of $7.79.
This levy amount is slightly more than the levy set in the 2000 Regulations due to an increase in the value of the fishery and therefore an increase in the research component.
Levy is payable on 4 January 2002 or 28 days after the invoice date for the levy, whichever is the later (Regulation 11.3).
Part 12 North West Slope Trawl Fishery
Regulation 12.1 defines the terms used in the Part.
Regulation 12.2 sets the levy payable for a North West Slope Trawl Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2002.
The levy payable is $10,560.57, including a research component of $362.86.
This amount is a significant increase from the $3,980.28 prescribed in the 2000 Regulations. The increase is due to the costs associated with reviewing existing management arrangements and developing new management arrangements for the fishery, an increase in the value of the fishery and therefore an increase in the research component, and because unspent funds were carried over into the 2000/2001 budget but there is no carry over of funds into the 2001/2002 budget.
Levy is payable on 1 March 2002 or 28 days after the invoice date for the levy, whichever is the later (Regulation 12.3).
Part 13 South East Non-trawl Fishery
Regulation 13.1 defines the terms used in the Part.
Regulation 13.2 sets the levy payable for a South East Non-trawl Fishery (SENTF) fishing permit in force on or after 1 January 2002 and on or before 31 December 2002.
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 14 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 for permits that allow fishing for any species is calculated by adding two amounts. The first amount is a set amount of $1,173.50 (Tier 1 amount), which includes a research component of $88.50. The second amount (Tier 2 amount) is calculated by multiplying the number of kilograms of each quota species mentioned on a SENTF fishing permit at the time that the permit is granted, by the rate for the relevant quota species stated in the proposed Regulations. The rate for the quota species are set out in Schedule 2 to the Regulations as:
• blue-eye trevalla - 61.8 cents;
• blue grenadier - 4.5 cents
• blue warehou - 2 cents
• flathead - 11.1 cents
• gemfish eastern sector - 28 cents
• gemfish western sector - 23.3 cents
• jackass morwong - 25.1 cents
• john dory - 12.4 cents
• mirror dory - 21.9 cents
• ocean perch - 12 cents
• pink ling - 32.7 cents
• redfish - 6.1 cents
• school whiting - nil
• silver trevally - 1 cent
• spotted warehou - 0.6 cents.
The levy payable for permits that allow fishing for quota species only is the total of amounts worked out using the above rates per unit quota (Tier 2 amounts), but not including the Tier 1 levy amount.
The 2000 Regulations prescribed Tier 2 amounts for only three species (blue eye trevalla, blue warehou and pink ling) as the other species were not previously managed using quota. The relative value (GVP) of each quota species is used to apportion the Tier 2 amounts.
If the fishing permit is granted before 12 April 2002, the levy will be due and payable in two instalments as follows:
• one-third of the total amount of levy payable is payable on 29 January 2002 or 28 days after the invoice date for the instalment, whichever is later; and
• the remainder of the levy is payable by 15 May 2002 or within 28 days after the invoice date for the instalment, whichever is later.
If the fishing permit is granted on or after 13 April 2002, all of the levy would be due and payable by 15 May 2002 or within 28 days after the invoice date for the levy, whichever is later (Regulation 13.3).
Part 14 South East Trawl Fishery
Regulation 14.1 defines the terms used in the part, including "sector species" and "non-sector species".
Regulation 14.2 sets the levy payable for a South East Trawl Fishery (SETF) fishing permit in force on or after 1 January 2002 and on or before 31 December 2002.
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 18 species of fish subject to quota restrictions in the fishery (quota species). "Sector species" have different quota restrictions that relate to different areas of waters. 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 is calculated by adding the amount due for each quota species. The proportion of the total levy collected in relation to each species is weighted on the basis of the proportional contribution of each species to the GVP for the fishery. The amount due for 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 Part 2 or 3 of Schedule 3.
The new levy amounts per kilogram of quota species are generally lower than those prescribed in the 2000 Regulations (as indicated in the table below). This is due to a relatively large carryover in unspent funds from the previous financial year, the rolling over of unspent industry research funds into 2001/2002, and reduced salary, compliance and Management Advisory Committee costs.
| SPECIES
|
Levy
Amount (cents per kg)
| |||
| 2000/2001
TOTAL
|
2000/2001
Research Component
|
2001/2002
TOTAL
|
2001/2002
Research Component
| |
| Blue-Eye
Trevalla
|
22.0
|
2.1
|
20.937
|
1.8
|
| Blue
Grenadier
|
4.7
|
0.4
|
4.517
|
0.389
|
| Blue
Warehou
|
14.7
|
1.6
|
12.663
|
1.088
|
| Flathead
|
6.2
|
0.6
|
6.213
|
0.534
|
| Gummy
shark
|
n/a
|
n/a
|
23.616
|
2.031
|
| Jackass
Morwong
|
4.7
|
0.5
|
5.532
|
0.476
|
| John
Dory
|
11.1
|
1.1
|
12.51
|
1.076
|
| Ling
|
10.2
|
1.0
|
10.889
|
0.936
|
| Mirror
Dory
|
3.5
|
0.3
|
3.547
|
0.305
|
| Ocean
Perch
|
8.1
|
0.8
|
5.618
|
0.483
|
| Redfish
|
3.8
|
0.4
|
3.052
|
0.263
|
| Royal
Red Prawn
|
7.2
|
0.7
|
8.093
|
0.696
|
| School
shark
|
n/a
|
n/a
|
46.365
|
3.987
|
| School
Whiting
|
1.8
|
0.1
|
1.596
|
0.137
|
| Silver
Trevally
|
1.4
|
0.1
|
2.151
|
0.184
|
| Spotted
Warehou
|
2.8
|
0.3
|
2.75
|
0.236
|
| Gemfish
- Eastern Sector
|
5.2
|
0.5
|
5.179
|
0.467
|
| Gemfish
- Western Sector
|
7.4
|
0.7
|
9.796
|
0.842
|
| Orange
Roughy - Eastern Sector
|
12.9
|
1.2
|
13.217
|
1.138
|
| Orange
Roughy - Southern Sector
|
5.3
|
0.0
|
8.582
|
0.736
|
| Orange
Roughy - Cascade
|
n/a
|
n/a
|
12.772
|
1.098
|
| Orange
Roughy - Western Sector
|
3.6
|
0.3
|
5.873
|
0.505
|
If the fishing permit is granted before 14 April 2002, the levy is due and payable in two instalments as follows:
• one-third of the total amount of levy payable is payable on 29 January 2002 or 28 days after the invoice date for the instalment, whichever is later; and
• the remainder of the levy is payable by 15 May 2002 or within 28 days after the invoice date for the instalment, whichever is later.
If the fishing permit is granted on or after 14 April 2002, all of the levy is due and payable by 15 May or within 28 days after the invoice date for the levy, whichever is later (Regulation 14.3).
Part 15 Southern Bluefin Tuna Fishery
The Southern Bluefin Tuna Fishery is managed under the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) (Regulation 15.1) 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.
Regulation 15.1 defines the terms used in the Part.
Regulation 15.2 sets the levy payable in the fishery for an SFR in force on 21 December 2001. The levy amount is 28.93 cents per SFR, the research component of which is 2.75 cents.
The amount to be levied in 2000/2001 is higher than the amount prescribed in the 2000 Regulations. The significant increase is a result of an international obligation to participate in a trade information scheme which came into effect half way through last season, a need to critically review the management plan for the fishery, increased compliance activity, a one-off requirement to fund a tagging program under the scientific research program for the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) and a CCSBT commitment to implement a 10% observer program.
Levy is payable in three equal instalments:
• on 18 January 2002;
• on 12 March 2002; and
• on 3 May 2002;
or within 28 days after the invoice date for the instalment, whichever is later (Regulation 15.3).
Part 16 Southern Shark Fishery
Regulation 16.1 defines the terms used in the part including those species of shark that are "quota species".
Regulation 16.2 sets the levy payable for a Southern Shark Fishery (SSF) fishing permit in force on or after 1 January 2002 and on or before 31 December 2002.
The SSF 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 four species of shark (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 for permits that allow fishing for any species is calculated by adding two amounts. The first amount is a set amount of $1,011.70 (Tier 1 amount), which includes a research component of $161.70. The second amount (Tier 2 amount) is calculated by multiplying the number of kilograms of each quota species mentioned in SSF fishing permit at the time that the permit is granted, by the rate for the relevant quota species stated in subregulation 16.2(2). The rate for the quota species are:
• elephant fish and similar species - 5.4 cents
• gummy shark - 41.5 cents
• sawshark - 9.7 cents
• school shark - 27.4 cents
The levy payable for permits that allow fishing for quota species only is the total of amounts worked out using the above rates per unit quota (Tier 2 amount), but not including the Tier 1 levy amount.
The 2000 Regulations prescribed Tier 2 amounts for only two species (gummy shark and school shark) as the other two species were not previously managed using quota. The relative value (GVP) of each quota species is used to apportion the Tier 2 amounts between species.
If the fishing permit is granted before 12 April 2002, the levy will be due and payable in two instalments as follows:
• one-third of the total amount of levy payable is payable on 29 January 2002 or 28 days after the invoice date for the instalment, whichever is later; and
• the remainder of the levy would is payable by 15 May 2002 or within 28 days after the invoice date for the instalment, whichever is later.
If the fishing permit is granted on or after 13 April 2002, all of the levy is due and payable by 15 May 2002 or within 28 days after the invoice date for the levy, whichever is later (Regulation 16.3).
Part 17 Southern Squid Fishery
Regulation 17.1 defines the terms used in the Part.
Regulation 17.2 sets levy for a Southern Squid Fishery fishing permit in force on or after the commencement of the Regulations and on or before 31 August 2002.
The levy amount is $1,208, the research component of which is $60.
This levy amount is higher than the amount prescribed in the 2000 Regulations which was set at $914. The increase is due to a decrease in the excess receipts carried forward in 2001/2002 compared to the previous budget.
Levy for the fishery would be payable on 21 February 2002 or 28 days after the invoice date for the levy, whichever is later (Regulation 17.3).
Part 18 Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery
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.
Regulation 18.1 defines the terms used in the Part.
Regulation 18.2 sets the rate of levy for a fishing permit in either or both the STBF&WTBF in force on or after the commencement of the Regulations and on or before 30 June 2002. The levy amount is:
• $8,679 for a permit authorising purse seining,
• $5,805 for a permit authorising pelagic longlining,
• $4,110 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 rates of levy specified above is payable. The research component of each amount is $500.28.
The amount of levy has increased compared to the amount set in the 2000 Regulations. The increase is primarily due to an increased compliance budget required for the current level of fishing in the fishery and increased staffing for the development of a management plan. Levy was also under-collected in the previous year due to an administrative error and this has also been taken into account in budgeting.
The research component has also increased due to an increase in the value of the fishery.
Levy is payable in two equal instalments:
• on 18 January 2002; and
• on 3 May 2002;
or within 28 days after the invoice date for the instalment, whichever is later (Regulation 18.3).
Part 19 South Tasman Rise Fishery
Regulation 19.1 defines the terms used in the Part.
Regulation 19.2 sets the levy payable for a South Tasman Rise Fishery fishing permit in force on or after 1 March 2002 and on or before 28 February 2003.
The levy payable is $9,198, including a research component of $703.21.
The levy amount 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. This levy amount is significantly higher than the levy amount of $6,190 prescribed in the 2000 Regulations. The increase is due to the strategic environmental assessment of the fishery that will be carried out, the continued development of a bycatch action plan and involvement in a trans-Tasman fishery management group.
In the absence of a MAC for this fishery, AFMA consulted with the fishery's peak industry association, the South Tasman Rise Australian Trawl Association (STRATA), in developing the budget and levy. STRATA have agreed to the adoption of the budget and levy.
Levy is payable on 30 March 2002 or 28 days after the invoice date for the levy, whichever is later (Regulation 19.3).
Part 20 Victorian Inshore Trawl Fishery
Regulation 20.1 defines the terms used in the Part.
Regulation 20.2 sets the levy payable for a Victorian Inshore Trawl Fishery fishing permit in force on or after 1 January 2002 and on or before 31 December 2002.
The levy payable is $1,062.89, including a research component of $60.
This amount is slightly less than the amount prescribed in the 2000 Regulations. The levy amount is calculated on the basis of the cost of managing the fishery, and includes staffing costs, costs associated with incorporating the fishery into a multi-fishery management plan and allocation of SFRs, licensing and compliance costs.
Levy is payable on 29 January 2002 or 28 days after the invoice date for the levy, whichever is later (Regulation 20.3).
Part 21 Western Deep Water Trawl Fishery
Regulation 21.1 defines the terms used in the Part.
Regulation 21.2 sets the amount of levy payable for a Western Deep Water Trawl Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2002.
The levy payable is $7,150.82, including a research component of $106.18.
This amount is a significant increase from the $2,557.81 prescribed in the 2000 Regulations. The increase is due to the costs associated with reviewing existing management arrangements and developing new management arrangements for the fishery, and because unspent funds were carried over into the 2000/2001 budget but there is no carry over of funds into the 2001/2002 budget.
The levy is payable on 1 March 2002 or 28 days after the invoice date for the levy, whichever is later (Regulation 21.3).