Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY REGULATIONS 2002 2002 NO. 305

STATUTORY RULES 2002 No. 305

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

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy Regulations 2002

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 2002 (the Regulations) repeal and replace the Fishing Levy Regulations 2001 (the 2001 Regulations), and relevant amending regulations, and set the amounts of levy payable on fishing concessions that relate to the 2002/2003 financial year in 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 2001 Regulations, are 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 1991. 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 Part 2 of the Fisheries Management Regulations 1992 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 2002

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 2002.

Regulation 1.2 provides that the Regulations commence on gazettal.

Regulation 1.3 repeals the 2001 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 Management Regulations, have the same meaning in the Regulations as in the Management Regulations.

Regulation 1.5 provides that a reference in these Regulations to a named fishery that is described by that name in Part 2 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 Management Regulations.

Note 2 lists all the fisheries managed under a plan of management made under section 17 of the Management Act.

Part 2 Bass Strait Scallop Fishery

Regulation 2.1 defines the terms used in the Part.

Regulation 2.2 sets the levy payable for a Bass Strait Scallop Fishery (BSSF) fishing permit in force on or after 1 May 2003 and on or before 31 January 2004.

There was a closure of this fishery in the 2001-02 scallop season in order to allow stocks of scallops to regenerate. This policy has proven to be a success, and a management plan has been developed which should ensure a level of fishing that will allow for the long term exploitation of this resource. The Plan provides for management of the fishery under SFRs, where a SFR allows, during a season, for the taking of a quantity of scallops determined by AFMA. However, it is unlikely that the process for implementing SFRs will be completed before the start of the 2003 fishing season. Consequently, levies will be collected on the basis of fishing permits in 2003.

The levy amount is $1,607 for a BSSF Fishing Permit, which includes a research component of $60.

To ensure that all operators bear an equitable share of the costs involved in managing this fishery, it will be necessary to collect an additional levy payment from operators who did not hold a permit in the 2001-02 season. For operators in this category the levy amount is $3,214, which includes a research component of $120.

Levy is payable on 29 May 2003 or 28 days after the invoice date for the levy, whichever is later (Regulation 2.3).

Part 3 Christmas Island and Cocos (Keeling) Islands Fishery

Regulation 3.1 defines the terms used in the Part.

Regulation 3.2 sets the levy payable for a Christmas Island and Cocos (Keeling) Islands Fishery (CICKIF) fishing permit in force on or after the commencement of the regulations and on or before 30 June 2003.

The levy payable is $12,811, which includes a research component of $60.

A Proclamation was made recently declaring the surrounding territorial sea (out to 12 nautical miles) and all the internal waters of Christmas Island and Cocos (Keeling) Islands to be excepted waters for the purposes of the Management Act. This means that the Management Act does not apply in these waters. By default, the Christmas Island Act 1958, and the Cocos Keeling Islands Act 1955 will provide for the application of Western Australian fisheries law (adopted as Commonwealth law) to all fishing in these waters.

The Proclamation enables the transfer of management responsibility from AFMA to Department of Transport and Regional Services for fishing activities in the waters excepted from the Management Act This will enable more effective fisheries management by the Commonwealth. As a result of the Proclamation, the levy regulations only apply to operators who hold a permit authorising fishing in the CICKIF offshore waters, which remain under the purview of the Management Act.

Levy is payable on 30 April 2003 or 28 days after the invoice date for the levy, whichever is later (Regulation 3.3).

Part 4 Coral Sea Fishery

Regulation 4.1 defines the terms used in the Part.

Regulation 4.2 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 2003.

The levy payable is $1,450 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 - $345

•       for the lobster or trochus sectors - $920

•       for the line sector - $3,963

•       for the trawl sector - $6,040

•       for the sea cucumber sector - $6,797

The Tier 1 amount includes a research component of $65.

The differential rates of levy have been calculated to 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 2001 Regulations. This is because until 2001-02 the relatively low amount of levy was maintained by a Commonwealth Government subsidy. Management costs have also increased substantially in most sectors of this fishery because there is an ongoing review of management arrangements being undertaken.

Levy is payable on 28 March 2003 or 28 days after the invoice date for the levy, whichever is the later (Regulation 4.3).

Part 5 East Coast Deepwater Zone Fishery

Regulation 5.1 defines the terms used in the Part.

Regulation 5.2 sets the levy payable for an East Coast Deepwater Zone Fishery (ECDZF) fishing permit in force on or after 1 January 2003 and on or before 31 December 2003.

The levy payable is $4,057, which includes a research component of $70.

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, as well as the normal costs associated with managing a fishery. Although the 2002-03 levy-base for the ECDZF has increased by about 10% over the previous year, there is a substantial increase in the levy per fishing permit for 2002-03, because unlike 2001-02 the disbursement of unspent funds from the previous year's budget is not as great. In general terms, the increase in the budget is a result of an increase in AFMA's overheads and increased management activity necessary to develop new management arrangements for this fishery.

Levy is payable on 29 January 2003 or 28 days after the invoice date for the levy, whichever is later (Regulation 5.3).

Part 6 Eastern Tuna and Billfish Fishery

Regulation 6.1 defines the terms used in the Part.

Regulation 6.2 sets the levy payable for an Eastern Tuna and Billfish Fishery (ETBF) fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2003.

The ETBF is divided into sectors (defined at Regulation 6.1) 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 in the 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 managing a fishery.

The levy amounts are slightly higher than those in 2001-02 (see Table below). This increase is due to a lower surplus of receipts to be carried forward from the previous year. The industry budget has also increased by approximately $500,000 as a result of an industry-funded observer program to gain verified baseline data for the fishery, and to operate a program to ensure compliance with seabird bycatch mitigation measures.

SECTOR	Levy Amount ($ per permit authorising fishing in that sector)
	2001-02 TOTAL	2001-02 Research Component	2002-03 TOTAL	2002-03 Research Component
Minor line methods (ML)	1,594	522	2,367	580
Pole Sector (PL)	1,709	637	2,215	428
Pelagic Longline (PLL) (Sub-area 1)	5,946	522	9,621	580
PLL (Sub-area 2)	5,352	522	8,631	580
PLL (Sub-area 4)	3,077	522	4,839	580
PLL (Sub-area 5)	2,950	522	4,627	580
PLL (Sub-area 6)	2,950	522	4,627	580
PLL (Sub-area 7)	2,950	522	4,627	580
PLL (Sub-area 8)	2,950	522	4,627	580
PLL (Sub-area 9)	1,756	0	2,927	0
PLL (Sub-area 10)	745	522	952	580
Purse Seine (PS) (Sub-area 3)	7,160	637	11,301	428
PS (Sub-area 4)	4,390	637	6,684	428
PS (Sub-area 6)	5,479	637	8,499	428
PS (Sub-area 7)	3,797	637	5,696	428
Bycatch	N/A	N/A	952	580

Levy is due and payable either in full or in two equal instalments. Either the full amount or the first instalment is payable by 21 January 2003 or 28 days after the invoice date for the instalment, and the second instalment is payable by 10 April 2003 or 28 days after the invoice date for the instalment (Regulation 6.3).

Part 7 Gillnet, Hook and Trap Fishery

Regulation 7.1 defines the terms used in the Part.

Regulation 7.2 sets the levy payable for a Gillnet, Hook and Trap Fishery (GHTF) fishing permit in force on or after 1 January 2003 and on or before 31 December 2003.

The GHTF is the result of the merging of the Southern Shark Fishery (SSF) and the South East Non-Trawl Fishery (SENTF) for 2003. The levy has been calculated by adding together the levy bases for the two fisheries.

The SSF budget increased by 17% in 2001-02 due to significant increases in overheads caused by the appointment of a public relations officer, changes in planning and policy, new environment positions and a chief scientist. The budget for SENTF remained the same as the previous year. However AFMA staff time had decreased and thus absorbed the overhead increase.

Levy in the GHTF is collected under a two tier system. Tier one levy is paid by all Class A permit holders. Tier two is paid by quota holders only. Tier two levy amounts are proportional to the value of each quota species.

The Tier one levy payable for a GHTF permit package is $1466.36, and includes a research component of $166.36.

The Tier two levy is calculated by multiplying the number of kilograms of each quota species mentioned on a GHTF fishing permit at the time that the permit is granted, by the rate for the relevant quota species stated in the Regulations. The rate for the quota species are set out in Schedule 2 to the Regulations as:

1.       blue grenadier - 4.81 cents;

2.       blue warehou - 3.85 cents;

3.       blue-eye trevalla - 59.43 cents;

4.       elephant fish family - 4.33 cents.

5.       flathead - 10.67 cents;

6.       gemfish eastern sector - 26.92 cents;

7.       gemfish western sector - 24.65 cents;

8.       gummy shark - 37.69 cents;

9.       jackass morwong - 24.14 cents;

10.       john dory - 11.92 cents;

11.       mirror dory - 23.13 cents;

12.       ocean perch - 11.54 cents;

13.       pink ling - 31.44 cents;

14.       redfish - 5.87 cents;

15.       sawshark - 7.77 cents;

16.       school shark - 27.83 cents;

17.       school whiting - nil;

18.       silver trevally - 1.20 cents; and

19.       spotted warehou - 0.58 cents.

Levy is due and payable either in full or in two equal instalments, Either the full amount or the first instalment is payable by 29 January 2003 or 28 days after the invoice date for the instalment, and the second instalment is payable by 15 May 2003 or 28 days after the invoice date for the instalment (Regulation 7.3).

Part 8 Great Australian Bight Trawl Fishery

Regulation 8.1 defines the terms used in the Part.

Regulation 8.2 sets the levy payable for a Great Australian Bight Trawl Fishery (GABTF) SFR in force on 1 January 2003, and for a GABTF fishing permit in force on or after 1 January 2003 and on or before 31 December 2003. 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 and South East Trawl Fisheries.

The levy payable for a GABTF SFR is $27,245.70, and includes a research component of $1,539.61.

The levy payable for a GABTF fishing permit is 15.65 cents for each kilogram of school shark, 10.92 cents for each kilogram of gummy shark, and 14.937 cents for each kilogram of sawshark mentioned on the permit at the time the permit is granted.

This levy reflects the costs associated with managing those shark species under a quota system, and the amounts are apportioned on the basis of the relative GVP of each species. The levy amount is higher than last year. The reasons for this increase are numerous. There have been increases in AFMA's overhead costs, and this has flow-on effects through the cost recovery policy. In addition to increases in these costs, management costs have risen due to the development of new management arrangements for the fishery, and new data collection costing arrangements. Fishery assessment costs were previously not recovered from industry. However, in 2002-03 25% of the fishery assessment costs will be recovered from concession holders.

Levy is payable on 8 March 2003 or 28 days after the invoice date for the levy, whichever is later (Regulation 8.3).

Part 9 Heard Island and McDonald Islands Fishery

Regulation 9.1 defines the terms used in the Part.

Regulation 9.2 sets the levy payable for a Heard Island and McDonald Islands Fishery SFR in force on 5 March 2003.

The levy payable is $5.46 per Patagonian toothfish SFR (including a research component of 79 cents) and $5.46 per mackerel icefish SFR (including a research component of 79 cents).

The overall levy base for this fishery has decreased by 6%. This decrease is largely attributable to a reduction in observer administration costs. Last year, prior to the introduction of the Heard Island and McDonald Islands Management Plan 2002, levy was charged on the basis of kilograms of quota held. This resulted in 10.67 cents/kg for Patagonian toothfish and 11.31 cents/kg for mackerel icefish being charged. The total allowable catches for these fisheries have increased for the coming season and if the same allocation formula as last year was used, the following charges would apply: Patagonian toothfish would be 5.69 cents/kg and mackerel icefish would be 5.49 cents/kg.

Levy is payable on 11 April 2003 or 28 days after the invoice date for the levy, whichever is later (Regulation 9.3).

Part 10 Macquarie Island Fishery

Regulation 10.1 defines the terms used in the Part.

Regulation 10.2 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 30 June 2003.

The levy payable is $72,441, including a research component of $215. This levy amount is considerably less than the $124,579 prescribed in the 2001 Regulations. The decrease is primarily due to a refund as a result of not developing a Management Plan for the fishery, which resulted in a reduction in the levy base.

Levy is payable 28 days after the commencement date of the proposed regulations or 28 days after the invoice date for the levy, whichever is later (Regulation 10.3).

Part 11 Norfolk Island Offshore Demersal Finfish Fishery

Regulation 11.1 defines the terms used in the Part.

Regulation 11.2 sets the levy payable for a Norfolk Island Offshore Demersal Finfish Fishery fishing permit in force on or after 1 January 2003 and on or before 31 December 2003.

The levy payable is $11,012, including a research component of $91.

This levy amount is slightly less than the levy set in the 2001 Regulations due to a $32,000 carry over of funds from 2001-02. This fishery is currently under an Exploratory Fishing Report (EFR) regime. Levy charges are expected to remain reasonably constant while the EMR regime is in operation.

Levy is payable on 28 March 2003 or 28 days after the invoice date for the levy, whichever is later (Regulation 11.3).

Part 12 Northern Prawn Fishery

Regulation 12.1 defines the terms used in the Part.

Regulation 12.2 sets the levy payable for a Northern Prawn Fishery (NPF) SFR in force on 12 December 2002, or if the Regulations commence after that date, then the date of commencement.

The levy payable is $35.80 per SFR, including a research component of $8.15.

This levy amount is slightly more than the levy set in the 2001 Regulations due to a significant increase in the industry contribution to research in the fishery. This research includes a long-term monitoring program for the NPF. There has also been an increase in travel expenses for MAC participants and increased data management costs. The increase in the FRDC component is due to an increase in the value of the fishery.

Levy is payable on 9 January 2003 or 28 days after the invoice date for the levy, whichever is the later (Regulation 12.3).

Part 13 South East Trawl Fishery

Regulation 13.1 defines the terms used in the Part, including "sector species" and "non-sector species".

Regulation 13.2 sets the levy payable for a South East Trawl Fishery (SETF) fishing permit in force on or after 1 January 2003 and on or before 31 December 2003.

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 MAC.

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 3 or 4 of Schedule 3.

The levy amounts per kilogram of quota species are generally higher than those prescribed in the 2001 Regulations (as indicated in the table below). This is due to anticipated increases in costs in a number of activity areas for 2002-03 and recovery of costs in relation to fishery assessments that were previously not recovered through levies. A significant part of the increase in costs is the result of an increase in AFMA's overheads from 2001-02 to 2002-03 under the cost recovery framework.

SPECIES	Levy Amount (cents per kg)
	2001-02 TOTAL	2001-02 Research Component	2002-03 TOTAL	2002-03 Research Component
Blue grenadier	4.517	0.389	6.429	0.526
Blue warehou	12.663	1.088	19.975	1.635
Blue-eye trevalla	20.937	1.8	19.773	1.619
Elephant fish family	N/A	N/A	1.810	0.148
Flathead	6.213	0.534	8.583	0.703
Gemfish - eastern sector	5.179	0.467	9.040	1.086
Gemfish - western sector	9.796	0.842	11.645	0.954
Gummy shark	23.616	2.031	30.801	2.522
Jackass morwong	5.532	0.476	6.066	0.496
John dory	12.51	1.076	13.639	1.117
Mirror dory	3.547	0.305	4.276	0.351
Ocean perch	5.618	0.483	6.047	0.495
Orange roughy - cascade sector	12.772	1.098	21.893	1.029
Orange roughy - eastern sector	13.217	1.138	26.824	2.194
Orange roughy - southern sector	8.582	0.736	10.126	0.822
Orange roughy - western sector	5.873	0.505	6.445	0.529
Pink ling	10.889	0.936	10.745	0.880
Redfish	3.052	0.263	2.810	0.230
Royal red prawn	8.093	0.696	8.403	0.688
Sawshark	N/A	N/A	4.149	0.340
School shark	46.365	3.987	61.118	5.005
School whiting	1.596	0.137	2.267	0.186
Silver trevally	2.151	0.184	3.446	0.282
Spotted warehou	2.75	0.236	3.650	0.299

If the fishing permit is granted before 12 April 2003, the levy is due and payable as one amount, or in two instalments as follows:

•       one-third of the total amount of levy payable is payable on 29 January 2003 or 28 days after the invoice date for the instalment, whichever is later; and

•       the remainder of the levy is payable by 15 May 2003 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 2003, 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 13.3).

Part 14 Southern Bluefin Tuna Fishery

Regulation 14.1 defines the terms used in the Part.

The Southern Bluefin Tuna Fishery is managed under the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) (Regulation 14.1) and the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995 (the Management Regulations). The Plan provides for management of the fishery under SFRs, where a SFR allows, during a season, for the taking of a quantity of Southern Bluefin Tuna (SBT) determined by AFMA.

Regulation 14.2 sets the levy payable in the fishery for a SFR in force on 15 January 2003. The levy amount is 26.21 cents per SFR, the research component of which is 3 cents.

The amount to be levied in 2002-03 is nine per cent less than in 2001-02. This reduction is because an additional $150,000 was collected in 2001-02 for the SBT tagging program, and $67,915 was underspent from the 2001-02 budget.

Levy is payable on 12 February 2003, or within 28 days after the invoice date for the instalment, whichever is later (Regulation 14.3).

Part 15 Southern Squid Fishery

Regulation 15.1 defines the terms used in the Part.

Regulation 15.2 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 2003.

The levy amount is $2,455, the research component of which is $60.

This levy amount is higher than the amount prescribed in the 2001 Regulations, which was set at $1,208. The increase is due to increased staff and management costs associated with the development of long-term management arrangements.

Levy for the fishery is payable on 21 February 2003 or 28 days after the invoice date for the levy, whichever is later (Regulation 15.3).

Part 16 Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery

Regulation 16.1 defines the terms used in the Part.

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 16.2 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 2003. The levy amount is:

•       $10,516 for a permit authorising purse seining,

•       $8,396 for a permit authorising pelagic longlining,

•       $5,006 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 $653.

The amount of levy has increased compared to the amount set in the 2001 Regulations. The increase is primarily due to an increased compliance budget required for the current level of fishing in the fishery and for monitoring the effectiveness of seabird threat abatement plan measures. Increased staffing levels are needed for the development and implementation of a management plan, and Southern and Western Tuna and Billfish Fishery MAC costs have also increased.

The research component has also increased due to an increase in the value of the fishery.

Levy is payable either in full by the date set for the first instalment or in two equal instalments:

•       on 17 January 2003; and

•       on 5 May 2003;

or within 28 days after the invoice date for the instalment, whichever is later (Regulation 16.3).

Part 17 South Tasman Rise Fishery

Regulation 17.1 defines the terms used in the Part.

Regulation 17.2 sets the levy payable for a South Tasman Rise Fishery fishing permit in force on or after 1 March 2003 and on or before 28 February 2003.

The levy payable is $5,134, including a research component of $243.

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 lower than the levy amount of $9,198 prescribed in the 2001 Regulations. This decrease reflects decreases in recoverable costs in relation to compliance, research and fishery data collection.

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 has agreed to the adoption of the budget and levy.

Levy is payable on 31 March 2003 or 28 days after the invoice date for the levy, whichever is later (Regulation 17.3).

Part 18 Victorian Inshore Trawl Fishery

Regulation 18.1 defines the terms used in the Part.

Regulation 18.2 sets the levy payable for a Victorian Inshore Trawl Fishery fishing permit in force on or after 1 January 2003 and on or before 31 December 2003.

The levy payable is $680, including a research component of $29.

This amount is slightly less than the levy amount of $1,062.89 prescribed in the 2001 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. There has been a significant carry over of unspent funds from 2001-02 because management activity for this fishery was not as high as anticipated.

Levy is payable on 29 January 2003 or 28 days after the invoice date for the levy, whichever is later (Regulation 18.3).

Part 19 Informally Managed Fisheries

Regulation 19.1 defines the terms used in the Part.

Regulation 19.2 sets levy for an Informally Managed Fishery fishing permit in force on or after 1 January 2003 and on or before 31 December 2003.

The levy amount is $1000, the research component of which is $60.

The levy amount is the same as in the 2001 Regulations.

Levy for the fishery is payable on 17 April 2003 or 28 days after the invoice date for the levy, whichever is the later (Regulation 19.3).