Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY REGULATIONS 2003 2003 NO. 287

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 a 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 2003 (the Regulations) repeal and replace the Fishing Levy Regulations 2002 (the 2002 Regulations), and relevant amending regulations, and set the amounts of levy payable on fishing concessions that relate to the 2003-04 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 2002 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

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 2003.

Regulation 1.2 provides that the Regulations commence on gazettal.

Regulation 1.3 repeals the 2002 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 February 2004 and on or before 30 April 2004.

There was a closure of this fishery in the 2001-02 scallop season 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 utilisation 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 2004 fishing season. Consequently, levies will be collected on the basis of fishing permits in 2004.

The levy amount is $1,834 for a BSSF Fishing Permit, which includes a research component of $60. A number of factors have contributed to the increase in the levy base. There was an under-collection of $13,577 in 2002-03. The principle reason for this under-collection was increased salary, logbook and compliance costs associated with the opening of closed fishing beds in May 2003. These costs included the implementation of a catch reporting system, monitoring of fishing activity in scallop beds and liaison with state management agencies.

The second factor contributing to the increase in the levy is that the $20,000 funding for the annual pre season survey of the fishery, which was previously funded by FRDC, will now be collected under the 2003-04 levy base.

To ensure that all operators share 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 either in the 2001-02 or 2002-03 season. For operators in these categories the levy amount is: $5,048 (for the 2001-02, 2002-03 and 2003-04 seasons), which includes a research component of $180; or $3,441 (for the 2002-03 and 2003-04 seasons), which includes a research component of $120.

Levy is payable on 1 March 2004 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 2004.

The levy payable is $1,718 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 - $432

•       for the lobster or trochus sectors - $1,049

•       for the line sector - $5,192

•       for the trawl sector - $9,137

•       for the sea cucumber sector - $8,172

The Tier 1 amount includes a research component of $104.

The differential rates of levy have been calculated to accurately reflect the management costs incurred in relation to each sector of the fishery. All permit holders pay a base (tier one) levy. The amount of the second tier is calculated based on which sector(s) the permit holder has access. For example an operator in the Aquarium sector will pay $1,718 + $432 = $2,150. The amounts charged for each tier represent an estimate of the actual time and costs associated with that sector.

Levies in the Coral Sea Fishery have all increased. This is a result of an under-collection of $25,576 in 2002-03. This under-collection was largely a result of an agreement with industry to reduce the amount to be collected by $20,000 in the expectation of less work being required on the fishery. This did not eventuatate. The budget for 2003-04 has also been increased to reflect the amount of time spent on completing the Strategic Assessment of the fishery under the Environment Protection and Biodiversity Conservation Act and the production of the first summary of logbook data for distribution to industry.

Levy is payable on 28 March 2004 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 (ECDZF) fishing permit in force on or after 1 January 2004 and on or before 31 December 2004.

The levy payable is $2,266.94, which includes a research component of $57.94.

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. At the completion of the 2003-04 budget for the East Coast Deepwater Zone Fishery, the industry recoverable cost was 6 per cent lower than for 2002-03. However, after the MAC Initiated Research Funding was revised (as a result of the post-1 July 2003 finalisation of the tender process for the integrated scientific monitoring program), the recoverable cost (in the budget) has decreased by 29 per cent on 2002-03. The combination of a lower fishery budget and under-expenditure from 2002-03 means the proposed management levy (excluding the FRDC levy) per permit holder is a 45 per cent decrease on the 2002-03 levy.

Levy is payable on 29 January 2004 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 (ETBF) fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2004.

The 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 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 total amount of levy that AFMA will collect from the ETBF has increased by 43% compared with last financial year. The main reason for this is the introduction of a fishery-wide observer program. This program will collect vital information about the fishery. The 5-year program has been designed to get a good estimate of the level of incidental catches of threatened, endangered and protected species such as turtles and seabirds. As set out in the Tuna Bycatch Action Plan, the information will be used to design appropriate management arrangements to ensure interactions with these species are minimised. The observer program will also collect information about the catch of target and byproduct species. This information will be used to validate the accuracy of logbook data across the fishery and as a source of information in setting the total allowable effort for the fishery.

Schedule 1 specifies the following levy amounts:

	Levy Amount
	($ per permit authorising
	fishing in that sector)
Sector	Total Levy	Research
		Component
	Amount ($)	Amount ($)
ML Sector	2 367	580
PL Sector	2 215	428
PLL (Sub-area 1) Sector	14 278	607
PLL (Sub-area 2) Sector	12 780	607
PLL (Sub-area 4) Sector	7 046	607
PLL (Sub-area 6) Sector	6 726	607
PLL (Sub-area 7) Sector	6 726	607
PLL (Sub-area 8) Sector	6 726	607
PLL (Sub-area 9) Sector	4 426	0
PLL (Sub-area 10) Sector	1 169	607
By-catch	1 169	607

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 2004 or 28 days after the invoice date for the instalment. The second instalment is payable by 10 April 2004 or 28 days after the invoice date for the instalment (Regulation 5.3).

If the fishing permit is granted on or after 29 January 2004, all of the levy is due and payable by 10 April 2004 or within 28 days after the invoice date for the levy, whichever is later (Regulation 5.3.(2)).

Part 6 Gillnet, Hook and Trap Fishery

Regulation 6.1 defines the terms used in the Part.

Regulation 6.2 sets the levy payable for a Gillnet, Hook and Trap Fishery (GHTF) fishing permit in force on or after 1 January 2004 and on or before 31 December 2004.

The GHTF was formed in 2003 by merging the Southern Shark Fishery and the South East Non-trawl Fishery. 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 Gillnet Hook and Trap Management Advisory Committee has recommended the apportionment of fees between tier 1 and tier 2 levies.

Tier 2 levies were previously been calculated on the number of kilograms an operator holds. The 2004 tier 2 levy will be collected on the number of permanent quota units an operator holds. This allows AFMA to draft levy regulations before Total Allowable Catches (TACs) are determined for each quota species. The number of kilograms an operator holds is directly related to permanent quota units and the proportion of levy each operator pays is not affected by this change. AFMA will still notify industry a c/kg rate to assist seasonal quota trading, but this will not appear in the levy regulations.

Compared to 2003, the 2004 GHTF industry levy base has increased by $39,264 (2.51%). This increase is primarily a result of additional research funding arising from the Strategic Assessment process.

The Tier one levy payable for a GHTF permit package is $1,513.59, and includes a research component of $185.40.

The Tier two levy is calculated by multiplying the number of quota units 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 rates for the quota species are set out in Schedule 2 to the Regulations as:

Item	Species	Amount for each quota unit mentioned in the fishing permit (cents)
1	Blue eye trevalla	53.5
2	Blue grenadier	9.0
3	Blue warehou	0.5
4	Elephant fish family	4.5
5	Flathead	7.5
6	Gemfish Eastern Sector	14.0
7	Gemfish Western Sector	26.5
8	Gummy shark	30.5
9	Jackass morwong	12.5
10	John dory	10.5
11	Mirror dory	20.0
12	Ocean perch	20.0
13	Pink ling	78.0
14	Redfish	11.0
15	Sawshark	10.0
16	School shark	18.0
17	School whiting	0
18	Silver trevally	1.0
19	Spotted warehou	3.0

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 2004 or 28 days after the invoice date for the instalment. The second instalment is payable by 15 May 2004 or 28 days after the invoice date for the instalment (Regulation 6.3).

If the fishing permit is granted on or after 13 April 2004, all of the levy is due and payable by 15 May 2004 or within 28 days after the invoice date for the levy, whichever is later (Regulation 6.3 (2).

Part 7 Great Australian Bight Trawl Fishery

Regulation 7.1 defines the terms used in the Part.

Regulation 7.2 sets the levy payable for a Great Australian Bight Trawl Fishery (GABTF) SFR in force on 1 January 2004, and for a GABTF fishing permit in force on or after 1 January 2004 and on or before 31 December 2004. GABTF fishing permits authorise the take of shark species that are managed under a quota system (defined at Regulation 6.1), consistent with the Gillnet, Hook and Trap Fishery.

The levy payable for a GABTF SFR is $26,217.35, and includes a research component of $1,660.59.

The levy payable for a GABTF fishing permit is 18.45 cents for each quota unit of school shark, 20.99 cents for each quota unit of gummy shark, 18.52 cents for each quota unit of sawshark, and 4.45 cents for each quota unit of elephant fish family mentioned on the permit at the time the permit is granted.

The costs attributed to concession holders in the GABTF for 2003-04 have increased by 3 per cent from 2002-03. The increase is largely a result of an increase in MAC Initiated Research Funding, which is supported by the concession holders in the fishery.

The management levy base for 2003-04 (excluding the FRDC levy) has however, been offset by under expenditure from 2002-03, resulting in a 3 per cent decrease on 200203.

Levy is payable on 8 March 2004 or 28 days after the invoice date for the levy, whichever is later (Regulation 7.3).

Part 8 Heard Island and McDonald Islands Fishery

Regulation 8.1 defines the terms used in the Part.

Regulation 8.2 sets the levy payable for a Heard Island and McDonald Islands Fishery SFR in force on 1 December 2004.

The levy payable is $6.96 per Patagonian toothfish SFR (including a research component of 90 cents) and $6.96 per mackerel icefish SFR (including a research component of 90 cents).

The overall levy base for this fishery has increased by 4.69 per cent due to a deficit in the 2002-03 budget for salary costs. The FRDC research component has also increased due to an increase in the value of the fishery.

Levy is payable on 11 January 2004 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 30 June 2004.

The levy payable is $112,475, including a research component of $383. The total 2003-04 budget for the Macquarie Island fishery has decreased by 9 per cent, however the levy has substantially increased from last year's amount due to last year's 2002-03 levy being reduced by a previous budget surplus carried over from 2001.

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 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 2004 and on or before 31 December 2004.

The levy payable is $9,798, including a research component of $60.

This levy amount is slightly less than the levy set in the 2002 Regulations due to a $44,542 carry over of funds from 2002-03. Due to a low level of participation in the fishery, reductions in the 2003-04 budget were made in respect to logbook processing, data management, licensing, compliance and observer costs.

Levy is payable on 28 March 2004 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 (NPF) SFR in force on 12 December 2003, or if the Regulations commence after that date, then the date of commencement.

The levy payable is $36.20 per SFR, including a research component of $7.77.

This levy amount has increased compared to the levy set in the 2002 Regulations. This is a result of a significant increase in the industry contribution to research in the fishery. The increase is to fund the continuation of the fisheries independent survey agreed to by the Northern Prawn Management Advisory Committee in 2002. CSIRO, AFMA and the FRDC contributed some seed funding for the project for the first year only. This means that there is now an increased need for industry funding for the continuation of the survey.

Levy is payable on 30 January 2004 or 28 days after the invoice date for the levy, whichever is the later (Regulation 11.3).

Part 12 North West Slope Fishery

Regulation 12.1 defines the terms used in the Part.

Regulation 12.2 sets the levy payable for a NWSF fishing permit that is in force on or after the commencement of the levy regulations and on or before 30 June 2004.

The amount of levy is $11,813.57, including a research component of $371.43.

The main reason for the 75 per cent increase in the budget is the addition of $20,000 in industry funded research and an increase in the logbook programme budget of $22,000. The increase in the research budget is to establish a data collection and verification programme for the fishery. The increase in the logbook budget is for a scampi stock assessment that is carried out every four years. The second reason is a large budget surplus, approximately $7,000 per permit, carried over from 2001-02 to the 2002-03 financial year.

Levy is payable on 29 January 2004 or 28 days after the invoice date for the levy, whichever is the later (Regulation 12.3).

Part 13 Small Pelagic Fishery

Regulation 13.1 defines the terms used in the Part.

Regulation 13.2 sets the levy payable for a Small Pelagic Fishery (SPF) fishing permit in force on or after the date these Regulations come into effect and on or before 30 June 2004.

The amount of levy payable is $3,852 including an intended research component of $60.

Fishing permits in the SPF were not levied in 2002-03. AFMA had levied permits in 2003 for costs from the 2001-02 financial year and were not legally permitted to levy the same permit twice in the same budget year. Therefore the 2003-04 budgeted costs ($111,691), plus the costs incurred in 2002-03 ($74,101) are to be collected. The total 2003-04 SPF management levy is $185,792.

To avoid levying permit holders who hold more than one permit in another Zone, Regulation 13.2 (2) sets out the criteria for permit packages in the SPF.

Levy is payable on 29 April 2004 or 28 days after the invoice date for the levy, whichever is the later (Regulation 13.3).

Part 14 South East Trawl Fishery

Regulation 14.1 defines the terms used in the Part.

Regulation 14.2 sets the levy payable for a South East Trawl Fishery (SETF) fishing permit in force on or after 1 January 2004 and on or before 31 December 2004.

As a result of increased MAC Initiated Research Funding, the industry recoverable cost in the fishery budget has increased 5 per cent on 2002-03.

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" (the same species caught in different areas of water), have different quota restrictions that relate to different areas of waters. The levies for the SETF have been previously calculated on the number of kilograms of quota for each species. The 2003-04 levy will be collected on the number of permanent quota units an operator holds. This allows AFMA to draft the levy regulations before total allowable catches are determined for each quota species. The number of kilograms an operator holds for each quota species is directly related to permanent quota units. The proportion of levy each operator pays is not affected by the change from a levy on the weight of quota to a levy on quota units. AFMA will notify concession holders of the equivalent levy per kilogram of quota, but this will not appear in the levy regulations.

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 quota units shown as a condition on a fishing permit at the time that the permit is granted by the amount stated in Part 3 of Schedule 3.

	Levy Amount (cents per Quota unit)
Species	Total 2003-04	2003-04
		Research
		Component
Blue eye trevalla	15.74	1.16
Blue grenadier	11.19	0.82
Blue warehou	2.51	0.18
Elephant fish family	3.81	0.28
Flathead	11.97	0.88
Gummy shark	29.13	2.14
Jackass morwong	4.27	0.31
John dory	17.27	1.20
Mirror dory	5.08	0.37
Ocean perch	10.38	0.76
Pink ling	27.66	2.03
Redfish	8.33	0.61
Royal red prawn	8.08	0.59
Sawshark	12.39	0.91
School shark	44.38	3.26
School whiting	2.29	0.17
Silver trevally	2.74	0.20
Spotted warehou	20.53	1.51
Gemfish - gemfish eastern sector	4.41	0.41
Gemfish - gemfish western sector	12.27	0.90
Orange roughy - orange roughy eastern sector	3.32	0.24
Orange roughy - orange roughy southern sector	0.47	0.03
Orange roughy - orange roughy western sector	2.35	0.17
Orange roughy - orange roughy cascade sector	20.13	1.14

If the fishing permit is granted before 12 April 2004 the levy is due and payable as one amount, or in two instalments as follows:

•       one-third of the total amount of levy is payable on 29 January 2004 or 28 days after the invoice date for the instalment, whichever is later; and

•       the remainder of the levy is payable by 15 May 2004 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 2004, all of the levy is due and payable by 15 May 2004 or within 28 days after the invoice date for the levy, whichever is later (Regulation 14.3).

Part 15 Southern Bluefin Tuna Fishery Regulation 15.1 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 15.1) 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 15.2 sets the levy payable in the fishery for a SFR in force on 15 January 2004. The levy amount is 27.86 cents per SFR, the research component of which is 3.325 cents.

The amount to be levied is a 6 per cent increase from 2002-03. This increase is due to higher management costs associated with increased compliance costs, the observer program and overheads.

Levy is payable on 12 February 2004, or within 28 days after the invoice date for the instalment, whichever is later (Regulation 15.3).

Part 16 Southern Squid Fishery

Regulation 16.1 defines the terms used in the Part.

Regulation 16.2 sets the levy for a Southern Squid Fishery fishing permit in force on or after the commencement of the Regulations and on or before 31 August 2004.

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

This levy amount is unchanged from last year's 2002 Regulations as management costs associated with the development of long-term management arrangements have remained the same.

Levy for the fishery is payable on 21 February 2004 or 28 days after the invoice date for the levy, whichever is later (Regulation 16.3).

Part 17 Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery

Regulation 17.1 defines the terms used in the Part.

In previous years, skipjack purse seine permit holders were levied under the SWTBF. On 1 July 2003 this fishing method was separated from the SWTBF and the Western Skipjack Fishery was established. This fishery will be levied under separate regulations in early 2004. For administrative purposes there is one SWTBF purse seine permit holder remaining in the SWTBF.

Regulation 17.2 sets the rate of levy for a fishing permit in the SWTBF in force on or after the commencement of the regulations and on or before 30 June 2004. All permit holders within the SWTBF will be levied the same FRDC levy. The levy amount is:

•       $8,989 for a permit authorising pelagic longlining, including a research component of $568;

•       $6,355 for a permit authorising the use of any other line fishing methods, including a research component of $568;

•       $9,031 for a permit authorising purse seining, including a research component of $568.

If more than one method is allowed to be used under a fishing permit, then only the greater or greatest of the rates of levy specified above is payable.

The 2003-04 SWTBF levy base has increased 10 per cent compared to the amount levied in 2002-03. An increase in the salaries and on-costs is required for developing and implementing the Management Plan, Strategic Assessment and the Bycatch Action Plan. SWTBF Management Advisory Committee (MAC) costs have increased slightly, again due to increased staffing costs to manage the fishery. The research component (non-FRDC) has increased from last year. This is mainly a re-budgeting of unspent funds collected for an observer program that did not commence in 2002-03 as planned. Data management costs have increased due to increased effort in the fishery. Overheads have also increased.

The FRDC contribution has decreased this year due to a decrease in the GVP 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 2004; and

•       on 5 May 2004;

or within 28 days after the invoice date for the instalment, whichever is later (Regulation 17.3).

If the fishing permit is granted on or after 13 April 2004, all of the levy is due and payable by 5 May 2004 or within 28 days after the invoice date for the levy, whichever is later (Regulation 17.3.2).

Part 18 South Tasman Rise Fishery

Regulation 18.1 defines the terms used in the Part.

Regulation 18.2 sets the levy payable for a South Tasman Rise Fishery fishing permit in force on or after 1 March 2004 and on or before 28 February 2005.

The levy payable is $2,236.50, including a research component of $220.21.

Recoverable costs in 2003-04 have decreased significantly by 53% from the 2002 regulations. The decrease is largely due to the cessation of research surveys in the fishery.

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 2004 or 28 days after the invoice date for the levy, whichever is later (Regulation 18.3).

Part 19 Victorian Inshore Trawl Fishery

Regulation 19.1 defines the terms used in the Part.

Regulation 19.2 sets the levy payable for a Victorian Inshore Trawl Fishery (VITF) fishing permit in force on or after 1 January 2004 and on or before 31 December 2004.

The levy payable is $377.49, including a research component of $23.03.

The costs attributed to concession holders in the VITF for 2003-04 has decreased by 21 per cent from 2002-03. The decrease is largely a result of an anticipated reduction in management time associated with the fishery.

The management levy for 2003-04 will be charged on a two-tier system (on fishing permits & quota units), it was previously charged as a one-tier (on fishing permits). This change recognises a change in management arrangements in the fishery following the introduction of Individual Transferable Quota units on 1 January 2003.

The tier one levy applies equally for each fishing permit in the fishery. The tier two levy applies to quota units for each quota species and is set at the rate that is applied in the South East Trawl (SETF). The more quota units a person holds for each species, the greater the amount of levy will be due. Quota entitlements in the VITF and the SETF can be transferred to be taken in either fishery.

Levy is payable on 29 January 2004 or 28 days after the invoice date for the levy, whichever is later (Regulation 19.3).

Part 20 Western Deepwater Trawl Fishery

Regulation 20.1 defines the terms used in the Part.

Regulation 20.2 sets the levy for the Western Deepwater Trawl Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2004.

The levy amount is $7,171.27, the research component of which is $388.63.

The main reason for the 14 per cent increase in the budget is the addition of $20,000 in industry funded research for a data collection and verification programme for the fishery.

The second reason is a large budget surplus carried over from 2001-02 to the 2002-03 financial year.

Levy is payable on 29 January 2004 or 28 days after the invoice date for the levy, whichever is later (Regulation 20.3).

Part 21 Informally Managed Fisheries

Regulation 21.1 defines the terms used in the Part.

Regulation 21.2 sets the levy for an Informally Managed Fishery fishing permit in force on or after 1 January 2004 and on or before 31 December 2004.

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

The levy amount is the same as in the 2002 Regulations.

Levy for the fishery is payable on 28 January 2004 or 28 days after the invoice date for the levy, whichever is the later (Regulation 21.3).