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FISHING LEVY REGULATIONS 1998 1998 NO. 314
EXPLANATORY STATEMENTSTATUTORY RULES 1998 No. 314
Issued by the authority of the Minister for Agriculture, Forestry and Fisheries
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy Regulations 1998
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 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 Fishing Levy Regulations 1998 (the Regulations) apply to all fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth and have repealed and replaced the Fishing Levy Regulations (the former Regulations). The Regulations, as was the case with the former Regulations, are made under both the Levy Act and the Management Act. The former Regulations had specified the amount of levy imposed in respect of fishing concessions granted in relation to each of the fisheries referred to in the former 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 the operators' 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 and Development Corporation. 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 up to 0.25 per cent of the Gross Value of Product of the fishery.
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 Regulations specify amounts of levy payable on fishing concessions that relate to the 1998/99 financial year in each of the fisheries managed by AFMA on behalf of the Commonwealth, and the date when those amounts of levy are due and payable.
Levy is set in the Regulations in relation to two categories of fisheries:
* fisheries for which a specified levy is sat by reference to the name of the fishery (a fishery-specific levy); and
* fisheries for which no specified levy is 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 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.
The Regulations commenced on gazettal.
Details of the Regulations as they relate to each fishery (Parts 2 - 19), including rates of levy and when the levy is due and payable, are set out in the attachment. Details of Parts 1 and 20 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 1998..
Regulation 1.2 provides that the Regulations commence on gazettal
Regulation 1.3 provides definitions of terms used in the Regulations. In particular, the regulation:
* defines "1998-99 financial year" to mean the financial year beginning on 1 July 1998
* defines "gemfish" to mean fish of the species Rexea solandri.
* defines "holder" as including 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; and
* defines "Levy Act" to mean the Fishing Levy Act 1991
* defines "Management Act" to mean the Fisheries Management Act 1991
* defines "orange roughy" to mean the fish of the species of Hoplosthethus atlanticus.
* 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.
Note 1 lists all the fisheries subject to the Fisheries Management Regulations. This note has been updated to include the Heard Island and McDonald Islands Fishery, and the South Tasman Rise Fishery. Deleted from this list is the South East Trawl Fishery.
Regulation 20 repeals Statutory Rules 1997 No 312 and 1998 No. 205.
ATTACHMENT
DETAILS OF THE REGULATIONS BY REFERENCE TO EACH FISHERY
Note.
In this attachment:
"1997/98" means the 1997/1998 financial year,
1998/99" means the 1998/1999 financial year;
"AFMA" means the Australian fisheries Management Authority;
"former Regulations" means the Fishing Levy Regulations;
"Informally Managed Fisheries" means fisheries for which no plan of management has been made under section 17 of the Management Act; and a Fishery that is not described in regulation 4B of the Fisheries Management 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; and
"Regulation" means the Fishing Levy Regulations 1999.
"SFR" means a statutory fishing right.
Bass Strait Scallop Fishery
The Regulations set at $1,940 the levy payable for a Bass Strait Scallop Fishery fishing permit in force in the period 1 June 1998 to 31 May 1999 (inclusive). The levy is made up of management costs of $1,880 and a research component of $60.
The amount to be levied in 1998/99 is lower than the $2,150 paid in 1997/98. Management costs associated with the fishery have been reduced:
* two, rather than three, Management Advisory Committee meetings have been budgeted for; and
* a decrease in the number of fishing periods within the scallop season and the utilisation of stockpiled tags have led to reduced postage and tagging costs.
The 1998/99 levy is due and payable on 25 January 1999 or within 28 days of the invoice date for the levy, whichever is the later.
Details of Part 2 of the Regulations, which concerns the Bass Strait Scallop Fishery, are set out below:
Regulation 2.1 provides for the definition of a term used in Pan 2 of the Regulations.
Regulation 2.2 specifies the amounts of levy payable on fishing permits for the fishery. The note explains that permit holders pay $60.00 from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 2.3 provides for when The levy is due and payable.
Coral Sea Fishery
The Regulations set at $3013 the levy payable for a Coral Sea Fishery fishing Permit in force in the 1998/99 financial year. The levy is made up of management costs of $2,953, and a research component of $60.
The 1998/99 levy is significantly higher than the $1,200 paid in 1997/98. There has been little management attention devoted to the Coral Sea Fishery to date. Management costs will rise in response to increased pressure from industry for the introduction of new fishing methods and for a review of the management arrangements in place. The increased time budgeted for this fishery will allow AFMA to commence the development of longer term management arrangements for this fishery.
Levy is payable on 1 February 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 3 of the Regulations, which concerns the Coral Sea Fishery, are set out below:
Regulation 3.1 provides for the definition of a term used in Part 3 of the Regulation
Regulation 3.2 specifies the amounts of levy payable on fishing permits for the fishery. The note explains that permit holders pay $60 from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 3.3 provides for when the levy is due and payable.
Eastern Tuna and Billfish Fishery
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 a ETBF fishing permit in force in the 1998/99 financial year at the amount shown in column 3 of Schedule 1 for the sector that is included as a condition on a fishing permit, or at the greater or greatest amount of levy shown in column 3 of Schedule 1 if the permit authorises fishing in two or more sectors of the fishery.
The Regulations set at $411 the levy payable for an ETBF fishing permit in force in the 1998/99 financial year authorising Commonwealth operators only to take by-catch of Eastern Tuna and Billfish Fishery species in the course of fishing in the area of the fishery.
The 1998/99 levy amounts are all higher than those in 1997/98. The amounts are compared in Table 1. The management component increase is proportional and is due to the expansion of the domestic activity of the ETBF in recent times, resulting in greater administration and management costs. There are also increased costs in finalising future management in the fishery under a management plan, resulting in increased travel and Management Advisory Committee costs to carry out stakeholder consultation. Voluntary research contributions have also risen by $150,000 in 1998/99.
The research component of the levy for 1998/99 set by the Proposed Regulations is the amount set down for particular sectors in the note following. The research component has increased due to a rise in the value, of the fishery. No research component is payable for Pelagic Longline Sub-area 9, as this concession is only available in a package which includes two separate ETBF. concessions requiring different levels of management effort and hence levy, and for which the research component is paid only once, on the higher concession.
Levy is due and 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 3l March 1999 or 28 days after the invoice date for the instalment
Details of Part 4 of the Regulations, which concerns the Eastern, Tuna and Billfish Fishery, are set out below:
Regulation 4.1 provides definitions of terms used in Part 4 of the Regulations. In particular, the regulation defines "sector of the Fishery" as having the meaning given by regulation 4C(1) of the Fisheries Management Regulations.
Regulation 4.2 specifies that the amount of levy payable on fishing permits for the fishery depends on the type of permit the operator holds. If the permit authorises fishing in a single sector of the fishery, the levy is the amount stated in column 3 in Schedule 1 - If the permit authorises fishing in two or more sectors of the fishery it is the greater or greatest of the amounts of levy stated in column 3 in items in Schedule 1 for the sectors. The note explains that the amount permit holders pay from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99 is stated in the table in the note following schedule 1.
Regulation 4.3 provides for when the levy is due and payable.
Great Australian Bight Trawl Fishery
The Regulations would set at $12,157 the levy payable for a Great Australian Bight Trawl Fishery fishing right in force in the 1998/99 financial year. The levy is made up of management costs of $10,674, and a research component of $1,483.
The amount levied in 1998/99 is higher than the $9,901 paid in 1997/98. The rise is due to an increase in management costs and an increase in the research component.
The increase in the management component reflects:
* an increase in the cost of Logbook Collection and Development; and
* the addition of a second Management Advisory Committee Meeting in the financial year..
The research component has increased due to a rise in the value of the fishery.
Levy is payable on 25 January 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 5 of the Regulations, which concern the Great Australian Bight Fishery, are set out below:
Regulation 5.1 provides for the definition of a term used in Part 5 of the Regulations.
Regulation 5.2 specifies the amounts of levy payable for each SFR held in the fishery. The note explains that holders of SFRs pay $1,483 per SFR from the levy as The fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 5.3 provides for when the levy is due and payable.
Heard Island and McDonald Islands Fishery
The Regulations set at $51,744 the levy payable for a Heard Island and McDonald Islands Fishery fishing permit in force in the period from 7 November 1998 to 30 June 1999 (inclusive). The levy is made up of management costs of $45,643, and a research component of $6, 10 1.
The 1998/99 levy is significantly higher than the $40,370 paid in 1997/98. Both the management component and the research component have increased because this is the second year of levy collection for the fishery:
In 1997/98 levy included management costs for only a 7 month period. The 1998/99 levy is to cover a full 12 month period.
In 1998/99 a research component close to 0.25 per cent of Gross Value of Product in the fishery will be collected for the first time. The component is more appropriate to its developing status as a valuable fishery.
All observer costs (direct overheads and travel etc) will continue to he billed to the Permit holder by direct invoice as determined in the HIMI Management Policy
Levy is payable on 3 May 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 6 of the Regulations, which concerns the Heard Island and McDonald Island Fishery, are set out below:
Regulation 6.1 provides for the definition of a term used in Pat 6 of the Regulations.
Regulation 6.2 specifies the amounts of levy payable for each HIMI fishing permit in force in the period from 7 November 1998 to 30 June 1999 (inclusive) in the fishery. The note explains that permit holders pay $6,101 from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 6.3 provides for when the levy is due and payable.
Jack Mackerel Fishery
The Regulations set levy in the Jack Mackerel Fishery (the fishery), by reference to sectors included as conditions on the permit. There we two sectors distinguished on the basis of the methods used to take the fish: the Purse Seine sector and the Midwater Trawl Sector.
The Regulations set at $700 the levy payable for a Jack Mackerel fishing permit for either sector in force in the period from 1 March 1999 to 29 February 2000 (inclusive). The levy is made up of management costs of $640, and a research component of $60.
The 1998/99 levy is lower than the $1000 paid in 1997/98. The decrease in the levy is attributable to the carryover from the previous financial year of a large surplus of funds resulting from a decrease in management costs. As it would be unreasonable to charge less for a managed fishery than for permits for non-managed fisheries, the 1998/99 levy amount has been set to equal the amount recovered for non-managed fisheries.
As was the case under the former 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 is not 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 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Put 7 of the Regulations, which concerns the Jack Mackerel Fishery, are set out below:
Regulation 7.1 provides for the definition of terms used in Part 7 of the Regulations.
Regulation 7.2 specifies the amounts of levy payable on fishing permits for the fishery, and provides for exemptions from payment of levy in the circumstances outlined above. The note explains that permit holders pay $60 from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 7 3 provides for when the levy is due and payable.
Macquarie Island Developmental Fishery
The Macquarie Island Developmental 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 Regulations impose levy to continue to enable AFMA to carry out full cost recovery from the operator in the fishery on behalf of the Commonwealth in accordance with current government policy. Under this policy, AFMA recovers from the operator in the fishery the costs of management attributable to the operator's activities during the 1998/99 financial year, such as the development of specific management arrangements and permit conditions, arranging for observers to be aboard the boat operating in the fishery and a portion of surveillance costs (other costs, such as the costs of prosecutions are funded by the Commonwealth).
The Regulations set at $579,745 the levy payable for a Macquarie Island Developmental Fishery fishing permit m force in the period from 1 January 1998 to 30 June 1999 (inclusive). The levy is made up of Management costs of $568,197 and a research component of $11,548.
The 1998/99 levy is $406,057 higher (which is more than a 200 per cent increase) than the $173,000 paid in 1997/98. This increase is made up of several components:
* $243,032 being shortfall in the 1997/98 levy collection for the fishery which was caused principally by a much higher use of observer services by the operator than was budgeted for;
* $87,501 being increase in the amount of observer services budgeted for in 1998/99;
* $64,036 being increase in management costs. The Macquarie Island Developmental Fishery Management Policy expires, on 30 June 1999. This increase in costs is a reflection of the additional management attention that will need to be devoted to the fishery in the first half of 1999 to develop new management arrangements for the fishery.
* $11,488 being increase in the research component from $60 collected in 1997/98. In 1998/99 a research component close to 0.25 per cent of Gross Value of Product in the fishery will be collected for the first time. The component is more appropriate to its developing status as a valuable fishery.
Levy is payable on 1 March 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 8 of the Regulations, which concerns the Macquarie Island Developmental Fishery, are set out below:
Regulation 8.1 provides for the definition of a term used in Part 8 of the Regulations.
Regulation 8.2 specifies the amounts of levy payable on a fishing permit for the fishery. The note explains that the permit holder pays $11,548 from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 8.3 provides for when the levy is due and payable.
North West Slope Trawl Fishery
The Regulations set at $5,074 the levy payable for a North West Slope Trawl Fishery fishing permit in force in the 1998/99 financial year. The levy is made up of management costs of $4,879, and a research component of $195.
The 1998/99 levy is higher than the $4,266 paid in 1997/98. The rise is due to an increase in estimated management costs. The research component has also increased slightly due to a rise in the value of the fishery.
Levy is payable on 25 January 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 9 of the Regulations, which concerns the North West Slope Trawl Fishery, are set out below:
Regulation 9.1 provides for the definition of a term used in Part 9 of the Regulations.
Regulation 9.2 specifies the amounts of levy payable on fishing permits for the fishery. The note explains that permit holders pay $195 from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 9.3 provides for when the levy is due and payable.
Northern Prawn Fishery
The Northern Prawn Fishery (NPF) operates by granting operators statutory fishing rights under The Northern Prawn Fishery Management Plan 1995.
The Regulations set levy payable for a Northern Prawn Fishery statutory fishing right at:
* $55.28 for a fishing right in force on 23 December 1998; and
* $34.26 for a fishing right in force on 13 July 1999.
The amounts of levy collected during each financial year are not treated as instalments.
The first amount, payable by 23 December 1998 or 28 days after the invoice date for the levy, is made up of:
* 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 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 research component of the levy, which is $5.25 per SFR for 1998/99, payable to the Fisheries Research and Development Corporation, and
* the management component, which is $15.77 per SFR for 1998/99.
The second amount, payable by 13 July 1999 or 28 days after the invoice date for the levy, contributes the next VAS component payment.
The first amount of levy in 1998/99 is higher than the $53.61 per SFR paid in December 1997, while the second amount remains unchanged from the $34.26 per SFR paid in July 1998. The increase in the amount payable on 23 December reflects an increase in the management costs, while the research component has decreased slightly due to a decrease in the averaged value of the fishery. The VAS component of both amounts remains the same.
Details of Part 10 of the Regulations, which concerns the Northern Prawn Fishery, are set out below:
Regulation 10.1 provides for the definition of a term used in Part 10 of the Regulations.
Regulation 10.2 specifies the amounts of levy payable for each SFR held in the fishery. The note explains that holders of SFRS pay $5.25 from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 10.3 provides for when the levy is due and payable.
South East Non-trawl Fishery
Levy arrangements for this fishery will be provided for by an amendment to the Fishing Levy Regulations 1998 which will insert them as Part 11 of the Regulations when they have been finalised.
The Note after the heading for Part 12, explains that Pan 11 of the regulations has been reserved for future use.
South East Trawl Fishery
The Regulations set the levy payable in the South East Trawl Fishery (SETF) for 1998/99.
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 payable in 1998/99 is calculated by multiplying the units of quota shown as a condition on a fishing permit in force on 1 January 1999 by the amount stated in column three in the item in Part 2 or 3 of Schedule 2.
Table 2 compares the levy payable for a quota of each species in 1998/99 to that paid in 1997/98. The costs of managing the fishery have fallen. However, the management component of the levy has increased slightly in real terms, because budgeted management costs for 1998/99 are offset by a smaller carryover in unspent funds from the previous financial year, compared to the carryover into the 1997/98 budget. The research component of the levy has increased due to an increase in the value of the fishery. 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 levy per quota unit for a particular species may change from year.
If the fishing permit is granted before 14 April 1999, the levy is due and payable in two instalments as follows:
* one-third of the total amount of levy payable is payable on 28 January 1999 or 28 days after the invoice date for the instalment; and
* the remainder of the levy is payable by 12 May 1999 or within 28 days after the invoice date for the instalment.
If the fishing permit is granted on or after 14 April 1998, all of the levy is due and payable within 28 days after the invoice date for the levy, so as to ensure, as far as possible, payment of the levy in the financial year to which the levy relates.
Details of Part 12 of the Regulations, which concerns the South Past Trawl Fishery, are set out below:
Regulation 12.1 provides for the definition of terms used in Part 12 of the Regulations. In particular, the regulation defines "quota species" as being species of fish listed in Part 1 of Schedule 2.
Regulation 12.2 specifies the amounts of levy payable on fishing permits for the fishery as being such amounts as are calculated by multiplying the number of quota units specified in each permit by the amounts specified in Part 2 and Part 3 of Schedule 2 for each quota species. The note explains that permit holders pay a particular amount from the levy as set out in the table following Part 3 of Schedule 2 as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 12.3 provides for when levy is due and payable.
Southern Bluefin Tuna Fishery
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 season is defined in the Management Regulations, and the 1998/99 season commences on 1 December 1998 and ends on the 30 November 1999. SFRs have a life that extends for the life of the Plan, thus extending beyond a season.
The Regulations set the levy payable in the fishery in 1999/99 at 17.03 cents per SFR. The levy is made up of management costs of 15.02 cents per SFR and a research component of 2.01 cents per SFR.
The amount to be levied in 1998/99 is higher than the 11.43 cents per SFR paid in 1997/98. Most of the management costs for 1998/99 must be levied as there is only a small carryover from the previous financial year compared to 1997/98 when almost half the management costs were offset by a surplus from the previous financial year. The research component has fallen slightly from 2.7 cents per SFR paid in 1997/98 due to a decrease in the value of the fishery during the three preceding years.
Levy is payable in three equal instalments:
* on 15 January 1999;
* on 12 March 1999; and
* on 1 May 1999;
or within 28 days after the invoice date for the instalment. This method of collection will facilitate collection of the levy in the financiaI year to which it relates.
Details of Part 13 of the Regulations, which concerns the Southern Bluefin Tuna Fishery, are set out below:
Regulation 13.1 provides for the definition of terms used in Part 13 of the Regulations. The note refers to matters defined in the Plan.
Regulation 13.2 specifies the rate of levy payable on the SFRs. The note explains that holders of the SFRs pay 2.01 cents from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 13.3 provides that the levy is due and payable in 3 equal instalments and specifies when those instalments fall due.
Southern Shark Fishery
In 1998/99 Offshore Constitutional Settlement (OCS) arrangements may 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 by reference to the sectors and amounts of gear included as conditions on the permit. The Southern Shark Fishery (SSF) is divided into two sectors on the basis of fishing methods permitted to be used in the fishery. The sectors = the Gillnet Sector, in which the quantity of net that 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 a SSF fishing permit in force in the 1998/99 financial year at:
* $633 per net unit for the Gillnet Sector, made up of management costs of $598 and a research component of $35;
* $458 for the 1000 Hook Sector. made up of management costs of $433 and a research component of $25; and
* $916 for the 2000 Hook Sector, made up of management costs of $866 and a research component of $50.
The levy is due and payable on 30 April 1999 or within 28 days after the invoice date for the levy, whichever is the later.
Levies have fallen from those paid in 1997/98:
* 1997/98 levy for the Gillnet Sector - $771 (research component $46);
* 1997/98 levy for the 1000 Hook Sector - $721 (research component $43); and
* 1997/98 levy for the 2000 Hook Sector - $1,442 (research component $86).
Levies have decreased as some management costs will be offset by carryover of surplus funds from the previous financial year. Levies in the Hook Sector have fallen more than in the Gillnet Sector, as a higher proportion of the total catch for the fishery is being taken in the Gillnet Sector.
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 Regulations set at $53 per month that the permit is held in this financial year, the levy payable on a SSF Commonwealth fishing permit granted to these previous State only operators. 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 operators (who will enter the Commonwealth fishery sometime in 1999) as they will already have been required to pay a contribution to research through their former State entitlement.
On implementation of OCS arrangements, some Commonwealth operators may require a new permit 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 1998. No levy is payable on these replacement permits.
During 1998/99, Individual Transferable Quotas (ITQs) may he implemented in the SSF. As this could affect the profitability of some operations, the Regulations allow for the refund or remission of levy should an operator wish to surrender their permit. In order to qualify for the refund or remission of levy the operator must notify AFMA, in writing, of their agreement to forgo all, and any, future rights to access in the SSF through the surrendered permit, on or before the last day on which the levy is due and payable. If ITQs are implemented in this financial year, operators will be notified in adequate time to make and inform AFMA of their decision before this time.
Details of Part 14 of the Regulations, which concerns the Southern Shark Fishery, are set out below:
Regulation 14.1 provides for the definition of terms used in Part 14 of the Regulations.
Regulation 14.2 specifies the amounts of levy payable on fishing permits for the fishery and provides that no levy is payable for replacement permits granted because of the implementation of the OCS, The note explains the amount that permit holders of each type pay from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 14.3 provides for when levy is due and payable.
Regulation 14.4 provides for the refund or remission of levy where the permit is surrendered on or before the last day on which levy is payable.
Southern Squid Fishery
The Regulations set at $1.797 the. levy payable on a Southern Squid Fishery fishing permit in force in the period 1 September 1999 to 31 August 1999 (inclusive). The levy is made up of management costs of $1,737 and a research component of 560.
The 1998/99 levy is significantly higher than the 1997/98 levy which was set at S820. There are a number of reasons for the increase:
* as a result of a review of expenditure relating to the fishery to determine what proportion ought to be funded by industry and what by the government, an increase in the proportion of both salary and overhead costs funded by the industry;
* The establishment of the Management Advisory Committee;
* logbook data entry costs are higher due to an increase in fishing activity since the 1997/98 estimates for this item were made.
Levy for the fishery is payable on 15 January 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 15 of the Regulations, which concerns the Southern Squid Fishery, are set out below:
Regulation 15.1 provides for the definition of a term used in Part 15 of the Regulations.
Regulation 15.2. specifies the amount of levy payable on fishing permits for the fishery. The note explains tat permit holders pay $60 from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 15.3 provides for when the levy is due and payable.
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.
The Regulations set the rate of levy for a fishing permit in all, or part of either or both the STBF&WTBF in force in 1998/99 at
* $1,850 for a permit authorising purse seining,
* $1,350 for a permit authorising pelagic longlining,
* $950 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.
Each levy is $100 higher than the levy paid in 1997/98, principally due to the reduced size of carryover from the previous financial year, and the slight reduction in the number of permits in the fishery.
The Regulations set at 5300 the levy payable on fishing permits granted to operators who operate m either of the fisheries, under a fishing permit allowing only a limited catch in connection with their operations in the Southern Bluefin Tuna (SBT) Fishery, which overlaps both fisheries. The levy is unchanged from 1997199 and recovers only the costs of research, surveillance and monitoring, as the other management costs associated with the operations of such permit holders are recovered through the SBT Fishery levy.
The research component of any of the levy amounts remains unchanged at $60.
Levy for the fishery is payable on 22 February 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 16 of the Regulations, which concerns the Southern Tuna and Billfish and Western Tuna and Billfish Fisheries are set out below:
Regulation 16.1 provides for the definition of terms used in Part 16 of the Regulations.
Regulation 16.2 specifies the amounts of levy payable on fishing permits for the fisheries, including the reduced rate of levy for Limited catch fishing permits. The note explains that permit holders pay $60 from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 16.3 provides for when the levy is due and payable.
South Tasman Rise Fishery
The South Tasman Rise Fishery (STRF) is a newly established fishery for which it has been decided that the inaugural 1998/99 fishing year be split into two periods, these being 5 March to 31 August 1998 and 1 September 1998 to 28 February 1999. In the event of a preset total allowable catch being caught prior to the completion of either period then the fishery is closed, as was the case with the period beginning on 5 March 1998 in which fishing was closed on 26 March 1998.
The Regulations set the levy for a STRF fishing permit at 10 cents per kilogram of Orange Roughy caught under the permit and landed in the period from 1 September 1998 to 28 February 1999 (inclusive). The STFR is still subject to substantial review, and allocation of monies from the levy to research is dependent upon the outcome of further international discussion.
The levy is payable on 29 March 1999 or 28 days after the invoice date for the levy, whichever is the later.
Details of Part 17 of the Regulations, which concerns the South Tasman Rise Fishery are set out below.
Regulation 17.1 provides for the definition of terms used in Part 17 of the Regulations and in particular "leviable quantity" is defined as the quantity of orange roughy taken under the permit and landed in the period from 1 September 1998 to 28 February 1999 inclusive. The note explains that "orange roughy" is defined in subregulation 1.3 (1).
Regulation 17.2 specifies the amounts of levy payable on a leviable quantity taken under the permit.
Regulation 17.3 provides for when the levy is due and payable.
Western Deep Water Trawl Fishery
The Regulations set at $4,898 the levy payable for a Western Deep Water Trawl Fishery (WDWTF) fishing permit in force in 1998/99. The levy is made up of management costs of $4,868 and a research component of $30.
The 1998/99 levy is higher than the 1997/98 levy which was set at $4,167. The increase results from higher management costs and the reduction in the number of fishing permits issued in the fishery from 12 to 11. The research component has decreased due to a fall in the value of the fishery.
The levy is payable on 25 January 1999 or 28 days after the invoice date for the levy whichever is the later.
Details of Part 18 of the Regulations, which concerns the Western Deep Water Trawl Fishery, are set out below:
Regulation 18.1 provides for the definition of a term used in Part 18 of the Regulations.
Regulation 18.2 specifies the amount of levy payable on fishing permits for the fishery. The note explains that permit holders pay $30 from the levy as the fishery's contribution to the Fisheries Research and Development Corporation for 1998/99.
Regulation 18.3 provides for when the levy is due and payable.
Other Fisheries
The Regulations set at $700 the levy payable for an informally managed fishery fishing concession. The levy is made up of management costs of $640 and a research component of $60. The amount of levy would not change from that specified under former 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.
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 19 of the Regulations, which concerns the informally managed fisheries, are set out below:
Regulation 19.1 provides for the definition of term used in Part 19 of the Regulations. In particular, the regulation defines "informally managed fishery" as meaning a fishery for which no plan of management has been made under section 17 of the Fisheries Management Act 1991 and that is not described in regulation 4B of the Fisheries Management Regulations.
Regulation 19.2 specifies the amounts of levy payable on fishing concessions for informally managed fisheries and provides that no levy is payable for the Victorian Inshore Trawl Fishery, or where the boat authorised for use under the concession is also authorised for use under a fishing concession for another informally managed fishery, or where the concession authorises only the testing of fishing equipment.
The note explains that permit holders pay $60 from the levy as a contribution to the
Fisheries Research and Development Corporation for 1998/99.
Regulation 19.3 provides for when the levy is due and payable.
TABLE 1
EASTERN TUNA AND BILLFISH FISHERY LEVY: 1997/98 AND 1998/99
SECTOR Levy Amount
(5 per permit authorising fishing in that sector)
1997/98 1997/98 1998/99 1998/99
TOTAL* Research TOTAL* Research
Component Research Component
Minor line methods (MIL) 783 173 1,087 234
Pole Sector (PL) 783 173 1,087 234
Pelagic Longline (PLL) (Sub-area 1) 3,262 173 4,550 234
PLL (Sub-area 2) 2,924 173 4,077 234
PILL (Sub-area 4) 1,628 173 2,267 234
P LL (Sub-area 5) 1,556 173 2,166 234
PLL (Sub-area 6) 1,556 173 2,166 234
PLL (Sub-area 7) 1,666 173 2,166 234
PLL (Sub-area 8) 1,556 173 2,166 234
PLL (Sub-area 9) 1,000 nil 1,397 nil
PLL (Sub-area 10) 300 173 411 234
Purse Seine (PS) (Sub-area 3) 4,171 455 5,767 576
PS (Sub-area 4) 2,593 455 3,563 576
PS (Sub-area 6) 3,213 465 4,429 576
PS (Sub-area 7) 2,255 455 3,091 576
By-catch 300 173 411 234
*Note: The total levies shown for each species include the research component.
Research components are shown for information.
TABLE 2
SOUTH EAST TRAWL FISHERY LEVY: 1997/98 and 1998/99
SPECIES Levy Amount
(cents per unit)
1997/98 1997/98 1998/99 1998/99
TOTAL* Research TOTAL* Research
Component Component
Blue-Eye Trevalla 11.9 1.0 16.9 1.3
Blue Grenadier 5.9 0.5 6,9 0.5
Blue Warehou 5.8 0.5 7.6 0.6
Flathead 5.2 0.4 6.6 0.5
Jackass Morwong 4.7 0.4 4.6 0.3
John Dory 10.5 0.9 12.2 0.9
Ling 24.9 2.1 31.9 2.4
Mirror Dory 4.2 0.4 5.9 0.4
Ocean Perch 12.3 1.0 19.3 1.4
Redfish 9.6 0.8 14.1 1.1
Royal Red Prawn 4.6 0.4 3.8 0.3
School Whiting 1.9 0.2 1.5 0.1
Silver Trevally 2.2 0.2 2.0 0.1
Spotted Warehou 12.3 1.0 16.2 1.2
Gemfish -Eastern Sector 4.0 0.3 4.0 0.3
Gemfish - Western Sector 9.5 0.8 8.9 0.7
Orange Roughy - Eastern Sector 2.7 01 2.3 0.2
Orange Roughy - Southern Sector 1.3 0.1 0.8 0.1
Orange Roughy - Western Sector 10.2 0.9 8.7 0.6
*Note: The total levies shown for each species include the research component Research components are shown for information.