Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY REGULATIONS 2004 2004 NO. 318

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 2004 (the Regulations) repeal and replace the Fishing Levy Regulations 2003 (the 2003 Regulations), and relevant amending regulations, and set the amounts of levy payable on fishing concessions that relate to the 2004-05 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 2003 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.

The total AFMA management levies to be collected in 2004-05 will be about $200,000 (2%) less than in 2003-04.

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

Part 1 Preliminary

Regulation 1.1 provides for the Regulations to be cited as the Fishing Levy Regulations 2004.

Regulation 1.2 provides that the Regulations commence on the date of their notification in the Gazette.

Regulation 1.3 repeals the Fishing Levy Regulations 2003 (the 2003 Regulations) and relevant amending Regulations.

Regulation 1.4 defines terms used in the Regulations. In particular, subregulation 1.4 (1) 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;

•       "Informally Managed Fishery" is when a fishing concession is issued where no formal management plan is in place or for a fishery not defined in the Fisheries Management Regulations 1992;

•       "invoice date" for levy or an instalment of levy payable for a fishing concession to mean the date of issue mentioned on the invoice issued by Australian Fisheries Management Authority (AFMA) for the levy or instalment;

•       "Levy Act" to mean the Fishing Levy Act 1991;

•       "Management Act" to mean the Fisheries Management Act 1991; and

•       "Management Regulations" to mean the Fisheries Management Regulations 1992.

Subregulation 1.4(2) 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.

The physical descriptions of the fisheries are set out in the Management Regulations or in plans of management made under section 17 of the Management Act. Regulation 1.5 provides that where the Regulations use the name of a fishery corresponding to one described in the Management Regulations, or in a plan of management, the reference is to the fishery described by those Regulations or that plan. This ensures that levy provisions in the Regulations apply to areas consistent with those covered by other management arrangements.

Note 1 lists all the fisheries currently subject to the Management Regulations.

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

Part 2 Bass Strait Central Zone Scallop Fishery

Regulation 2.1 defines the terms used in the Part.

Regulation 2.2 sets the levy payable for a Bass Strait Central Zone Scallop Fishery (BSCZSF) quota statutory fishing right (SFR) in force on 1 January 2005 as the sum of Amount A and Amount B.

Previously this fishery was managed under the Management Act and Management Regulations, however as of 1 January 2005 the fishery will be managed under the Bass Strait Central Zone Scallop Fishery Management Plan 2002. This means all current fishing permits will cease on 31 December 2004 and will be replaced by Statutory Fishing Rights (SFRs) on 1 January 2005.

The Amount A levy for the BSCZSF is set at $0.65 per quota SFR for the 2004-05 financial year, which includes a research component of $0.02. "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.

In accordance with Government policy, AFMA recovers the costs of management which have been allocated between industry and government in accordance with AFMA's Cost Recovery Impact Statement (CRIS) that was certified by the AFMA Board and endorsed by the Minister for Fisheries, Forestry and Conservation earlier this year. It is the changes in cost recovery arrangements contained in the CRIS that have caused recoverable costs to increase in some fisheries and decrease in others. This is the first time the Regulations have been subject to the new CRIS.

The 2004-05 levy represents a 20% increase in levy from 2003-04. The majority of the increase in the levy base is due to an excess expenditure of $37,860 in 2003-04, which will be collected in 2004-05. Excess expenditure included $20,000 on research which was agreed by the Management Advisory Committee (MAC), but not included in the original budget and higher than anticipated logbook and data management costs.

Amount B is the unpaid levy from any or all of the 2001-02, 2002-03 or 2003-04 seasons divided by the number of quota SFRs issued to the concession holder under the management plan.

Currently there are 11 permits for which levies have not been accrued but not paid or which have been partly paid. This totals a shortfall of approximately $45,000. To ensure that all operators share the costs involved in managing this fishery, the MAC agreed it will be necessary to collect an additional levy payment from operators who did not hold a permit either in the 2001-02, 2002-03 or 2003-04 season.

Regulation 2.3 provides that levy is payable on 28 January 2005 or 28 days after the invoice date for the levy, whichever is later.

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 2005.

All permit holders pay a base (Tier 1) levy plus an additional amount for each sector of the fishery to which the permit relates (Tier 2). The differential rates of Tier 2 levy have been calculated to accurately reflect the management costs incurred in relation to each sector of the fishery. The Tier 1 levy is $2,297 for each permit including a research component of $124. This represents an increase of 24 per cent from the last financial year. The Tier 2 amounts are:

• for the aquarium fish sector - $756. This together with the Tier 1 levy amount of $2,297 is an increase of 43 per cent for the sector from 2003-04, mainly as a result in the reduction of the fishing permits in the sector from three to two.

• for the lobster and/or trochus sectors - $910. This together with the Tier 1 levy amount of $2,297 represents a decrease of fourteen per cent for the sector from 2003-04.

• for the line sector - $5,564. This together with the Tier 1 levy amount of $2,297 is an increase of 7 per cent for the sector from 2003-04.

• for the trawl sector - $9,517. This together with the Tier 1 levy amount of $2,297 is a 4.5 per cent increase for the sector from 2003-04.

• for the sea cucumber sector - $7,921. This together with the Tier 1 levy amount of $2,297 represents a 3 per cent reduction in the sector from 2003-04.

In summary, levies in the Coral Sea Fishery have increased in all but two of the sectors. This is a result of an under-collection of $16,971 in 2003-04 which relates directly to salary costs and the associated overheads attributed to them under the CRIS. Salary expenditure increased due to the preparation of a Statement of Management Arrangements for the fishery and reflects the amount of time spent on completing the Strategic Assessment of the fishery under the Environment Protection and Biodiversity Conservation Act 1999.

The number of Aquarium Sector Fishing Permits has also dropped from 3 to 2 due to one operator not choosing to apply for a re-grant of their fishing permit. There are now only 18 fishing permits granted in the fishery and this has resulted in an increase (per permit holder) for the Tier 1, research and Aquarium Sector components.

Regulations 3.3 provides that levy is payable on 31 March 2005 or 28 days after the invoice date for the levy, whichever is the later.

Part 4 Eastern Skipjack Fishery

Regulation 4.1 defines the terms used in the Part.

Regulation 4.2 sets out the levy payable for an Eastern Skipjack Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2005.

The levy amount is $3,032 per permit, including a research component of $72.

The 2004-05 levy base for the Skipjack Fisheries is $114,155. This represents a 3.4 per cent decrease from the 2003-04 value of $118,231. This is because the 2003-04 expenditure was $16,454 less than expected and that amount will be carried forward. Therefore the amount to be collected for the 2004-05 is $97,701 (excluding the research component). The decrease in the levy base and the excess 2003-04 funds can be attributed to unspent funds budgeted for the Skipjack Consultative Committee.

Regulation 4.3 provides that levy is payable on 31 May 2005 or 28 days after the invoice date for the levy, whichever is the later.

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 2005.

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 for each of the sectors. The levy amount set in the Regulations is calculated on the basis of the cost of managing the fishery and includes 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 industry budget for the ETBF in 2004-05 is $2,274,955. After allowing for excess expenditure and the levies collected in July and August 2004, the amount to be collected as Management levies in 2004-05 (excluding the research component) will be $2,114,531, which is a significant decrease of $556, 636 on the budgeted levy base for 2003-04. This represents a decrease of 20 per cent on the 2003-04 levy.

The reduction can be attributed to a reduction in the 2004-05 observer budget based on an expected reduction in fishing effort. Other contributing factors to the cost reduction is the implications of the CRIS which introduced 20% government funding for all research and observer programmes.

Note that Bycatch permits are no longer being granted in isolation, and will not be levied this year.

Schedule 1 specifies the following levy amounts:

	Levy Amount ($ per permit authorising fishing in that sector)
Sector	Total Levy Amount ($)	Research Component Amount ($)
ML Sector	2 367	580
PL Sector	2 215	428
PLL (Sub-area 1) Sector	11,551	589
PLL (Sub-area 2) Sector	10,351	589
PLL (Sub-area 4) Sector	5,753	589
PLL (Sub-area 6) Sector	5,496	589
PLL (Sub-area 7) Sector	5,496	589
PLL (Sub-area 8) Sector	5,496	589
PLL (Sub-area 9) Sector	3,549	0
PLL (Sub-area 10) Sector	1,040	589

Regulation 5.3 provides that levy is due and payable either in full or in two equal instalments. Either the full amount or the first instalment is payable by the later of 28 January 2005 or 28 days after the invoice date for the instalment. The second instalment, if any, is payable by the later of 8 April 2005 or 28 days after the invoice date for the instalment.

Under subregulation 5.3.(2), if a fishing permit in force on the 8 April 2005 is granted after 28 January 2005, all of the levy is due and payable within 28 days after the invoice date for the levy.

Part 6 Heard Island and McDonald Islands Fishery

Regulation 6.1 defines the terms used in the Part.

Regulation 6.2 sets the levy payable for a Heard Island and McDonald Islands Fishery SFR in force on commencement of the Regulations.

The levy payable is $6.52 per Patagonian toothfish SFR (including a research component of 1.11 cents) and $6.52 per mackerel icefish SFR (including a research component of 1.11 cents).

The industry budget for the HIMI fishery in 2004-05 is $391,262 including the research component. The overall levy base for this fishery has decreased by around 10 per cent. This reflects the reduced work load associated with managing the Fishery following the introduction of the Heard Island and McDonald Islands Fishery Management Plan 2002. The research component has increased due to an increase in the value of the fishery.

Regulation 6.3 provides that levy is payable on 11 January 2005 or 28 days after the invoice date for the levy, whichever is later.

Part 7 Macquarie Island Fishery

Regulation 7.1 defines the terms used in the Part.

Regulation 7.2 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 2005.

The levy payable is $121,647 per fishing permit, including a research component of $3,240.

The industry budget for the Macquarie Island Fishery in 2004-05 is $216,120 including the research component. The costs of managing the MI Fishery have increased by around 60% as a result of the development of a formal management plan for the fishery. However some of the levy costs associated with the development of the management plan have been deferred and will be collected from the eventual participants in the Fishery following the introduction of the management plan. As a result the amount to be collected for 2004-05 is $121,647 including the research component (currently there is only one permit holder in the fishery).

Regulation 7.3 provides that levy is payable 28 days after the commencement date of the Regulations or 28 days after the invoice date for the levy, whichever is later.

Part 8 Northern Prawn Fishery

Regulation 8.1 defines the terms used in the Part.

Regulation 8.2 sets the levy payable for a Northern Prawn Fishery (NPF) SFR in force on 12 December 2004, or if the Regulations commence after that date, then the date of commencement.

The levy payable is $37.33 per SFR, including a research component of $6.37.

The industry component of this fishery's budget has marginally decreased compared to that of 2003-04. Budget items with significant changes include a decrease in the industry contribution to research and fishery assessments associated with the implementation of the new CRIS. There is also a significant reduction in the fishery's logbook budget arising from lower data entry costs and associated overheads.

Despite these reductions in budget items recoverable from industry, the levy collectable per SFR has increased approximately 3% from last year. This is because in 2003-04 surplus finds at 30 June 2003 were significantly greater than the surplus funds at 30 June 2004.

Regulation 8.3 provides that levy is payable on 28 January 2005 or 28 days after the invoice date for the levy, whichever is the later.

Part 9 North West Slope Fishery

Regulation 9.1 defines the terms used in the Part.

Regulation 9.2 sets the levy payable for a NWSF fishing permit that is in force on or after the commencement of the Regulations and on or before 30 June 2005.

The amount of levy payable is $7,586.43 per fishing permit, including a research component of $346.43.

This fishery's levy has decreased by approximately 19% from 2003-04. The main reason for this is that the previous years budget included funds for a scampi stock assessment that is carried out every four years. This assessment has been conducted during 2003-04 and is consequently not budgeted for in the 2004-05 levy calculations.

Regulation 9.3 provides that levy is payable on 28 January 2005 or 28 days after the invoice date for the levy, whichever is the later.

Part 10 Small Pelagic Fishery

Regulation 10.1 defines the terms used in the Part.

Regulation 10.2 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 31 May 2005.

Subregulation 10.2(2) provides that where an operator holds two or more SPF fishing permits that are packaged, levy is only imposed on one of the permits.

The amount of levy payable is $3,162 per fishing permit or fishing permit package, including a research component of $60.

The industry budget for the SPF in 2004-05 is $127,903. After taking into account the deficit in 2003-04 levy base of $4,683 the total levy to be collected in 2004-05 (excluding the research component) is $167,586. This is a decrease of $18,206 against the budgeted levy base for 2003-04, which included a carry-over management cost incurred in 2002-03.

Regulation 10.3 provides that levy is payable on 29 April 2005 or 28 days after the invoice date for the levy, whichever is the later.

Part 11 Southern and Eastern Scalefish and Shark Fishery

Regulation 11.1 defines the terms used in the Part.

The Southern and Eastern Scalefish and Shark Fishery (SESSF) incorporates the management of the previously individually managed East Coast Deep Water Zone Fishery (ECDWZF), Great Australian Bight Trawl Fishery (GABTF), Gillnet Hook and Trap Fishery (GHATF), South East Trawl Fishery (SETF) and the Commonwealth Victorian Inshore Trawl Fishery (CVITF) under a single management framework; the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (SESSF Management Plan).

Under the SESSF Management Plan the fishery will be managed under SFRs and permits for different sectors of the SESSF. This means all current fishing permits for fisheries currently managed as individual fisheries under the Management Act and Management Regulations (ECDWZF, GABTF, GHATF, SETF, and CVITF) will cease on 31 December 2004 and will be replaced by SESSF SFRs or SESSF permits on 1 January 2005. The current SFRs for the Great Australian Bight Trawl Fishery Management Plan 1993 will also cease on 31 December 2004 and will be replaced by SESSF SFRs under the SESSF Management Plan on 1 January 2005.

At industry's request the budget for the SESSF fishery will continue to be managed in terms of the previous individually managed fisheries. As a result the SESSF budget is a combined total of the ECDWZF, GABTF, GHATF, SETF, and CVITF budgets. The following levy amounts to be collected are discussed in terms of the individual fishery budgets.

East Coast Deep Water Zone Fishery Budget

Subregulation 11.2(1) sets the levy payable for an SESSF ECDT fishing permit in force on or after 1 January 2005 and on or before 31 December 2005.

The levy payable is $3,029.56, which includes a research component of $60.

The levy amount is calculated on the basis of the cost of managing the fishery, and includes staffing costs, costs associated with the development of long-term management arrangements, as well as the normal costs associated with managing a fishery.

The industry component of the ECDWZF budget has increased from $55,948 to $59,350, an increase of only 6 percent. However, the 2004-05 levy (excluding the research component) is 34 percent higher. This is because the 2003-04 levy was offset by a larger surplus than is available to offset the 2004-05 levy.

It is worth noting that the levy payable in 2002-03 was $3,988.17 (excluding the research component). These fluctuations in levy between years, whilst they appear significant, occur as a result of only small variations in management activity (ie, recoverable costs).

Great Australian Bight Fishery Budget

Subregulation 11.2(2) sets the levy payable for a SESSF GABT quota species fishing permit in force on or after 1 January 2004 and on or before 31 December 2004. Subregulation 11.2(5)(a) sets the levy payable for a SESSF GAB Trawl Boat SFR in force on 1 January 2004. SESSF GABT quota species fishing permits authorise the take of shark species that are managed under a quota system consistent with the GHATF and SETF.

The levy payable for a SESSF GABT quota species permit is 14.76 cents for each quota unit of school shark, 38.23 cents for each quota unit of gummy shark, 20.31 cents for each quota unit of sawshark, and 7.42 cents for each quota unit of elephant fish family mentioned on the permit at the time the permit is granted.

The levy payable for a SESSF GAB Trawl Boat SFR is $35,532.46, and includes a research component of $2,324.74.

The industry component of the budget has increased from $264,070 to $328,557 an increase of 20%. However, because the 2003-04 budget was slightly overspent the total levy payable is $345,497 (excluding the research component).

The total GABTF budget has increased by $67,046. The industry component of the budget has been increased by $64,487 mainly due to the implementation of the new cost recovery impact statement. The increase is directly related to staff time that was previously Government funded because of the introduction of Management Plans and legal costs now being recoverable from industry. Data entry costs have increased, mainly due to increases in fishing activity, and hence more data entry than anticipated.

Gillnet Hook and Trap Fishery Budget

Levies relating to the GHATF of the SESSF are set out as follows:

•       SESSF Gillnet Boat SFR (subregulation 11.2(5)(b));

•       SESSF Scalefish Boat SFR (11.2(5)(c)); and

•       SESSF Shark Hook Boat SFR (11.2(5)(d),

where the relevant SFR is in force on 1 January 2005; and

•       SESSF GHT fishing permit (11.2(3)); and

•       SESSF GHT Trap fishing permit (11.2(9)),

where the relevant permit is in force on or after 1 January 2005 and on or before 31 December 2005.

The levy payable for these SFRs and fishing permits is $1,808.43 including a research component of $202.25.

Subregulation 11.2(4) provides that where an operator holds a SESSF GHT fishing permit that is linked to a SESSF Boat SFR by a permit condition, levy is not imposed on the permit.

Subregulations 11.2(3)(b) and 11.2(8) sets the levy payable for SESSF GHT fishing permit or SESSF GHT quota species fishing permit that contain shark species. The levy is calculated by multiplying the number of quota units of each species mentioned on the SESSF GHT fishing permit or SESSF GHT quota species fishing permit at the time that the permit is granted, by the rate for the relevant quota species stated in subregulation 11.2(3). The rates for the quota species are:

Species	Amount for each quota unit on fishing permit (cents)
School shark	19.0
Gummy shark	32.5
Sawshark	10.5
Elephant fish family	4.5

For SESSF Type N quota species SFRs provided at subregulation 11.2(5)(f) the amount due for each species in force on 1 January 2005 is calculated by the amount for the relevant quota species stated in the Regulations. The rates for the quota species are set out in Schedule 2 as:

Item	Species	Amount for each quota SFR unit (cents)
1	Blue eye trevalla	56.5
2	Blue grenadier	9.5
3	Blue warehou	0.5
4	Flathead	8.0
5	Gemfish Eastern Sector	15.0
6	Gemfish Western Sector	28.0
7	Jackass morwong	13.0
8	John dory	11.0
9	Mirror dory	21.0
10	Ocean perch	21.0
11	Pink ling	82.5
12	Redfish	11.5
13	School whiting	0.5
14	Silver trevally	1.0
15	Spotted warehou	3.0

The GHATF industry budget has increased from $1,561,964 to $1,702,104 an increase of 9%. However, because the 2003-04 budget was slightly underspent the levy payable is $1,672,217.

The total GHATF industry budget has decreased by $92,452. The industry component of the budget has been increased by $140,140 mainly due to the implementation of the CRIS. $89,580 of this increase is directly related to staff time that was previously Government funded whereas staff costs associated with the introduction of Management Plans and legal costs are now recoverable from industry. There was an increase in the licensing and registers costs generated by an increase in licence and quota transfers the previous year.

South East Trawl Fishery Budget

Regulation 11.2(5)(e) sets the levy payable for a SESSF Trawl Boat SFR in force on 1 January 2005.

The levy payable for a SESSF Trawl Boat SFR is $2,089.48 and does not include a research component.

Subregulation 11.2(7) sets the levy payable for SESSF SET quota species fishing permit that contain shark species. The levy is calculated by multiplying the number of quota units of each species mentioned on the SESSF SET quota species fishing permit at the time that the permit is granted, by the rate for the relevant quota species stated in the subregulations. The rates for the quota species are:

Species	Amount for each quota unit on fishing permit (cents)	Research Component
School shark	34.80	2.66
Gummy shark	27.04	2.06
Sawshark	14.54	1.11
Elephant fish family	5.26	0.40

For SESSF Type T quota species SFRs provided for at subregulation 11.2(g) in force on 1 January 2005, the amount due for quota species is calculated by the rate for the relevant quota species stated in Part 2 of Schedule 2 in the Regulations. The rates for the quota species are:

	Levy Amount (cents per Quota SFR unit)
Species	Total 2004-05	2004-05 Research Component
Blue eye trevalla	12.30	0.97
Blue grenadier	11.06	0.84
Blue warehou	2.09	0.16
Flathead	12.26	0.93
Gemfish -- gemfish eastern sector	4.65	0.35
Gemfish -- gemfish western sector	6.45	0.49
Jackass morwong	3.71	0.28
John dory	14.90	1.14
Mirror dory	5.81	0.44
Ocean perch	10.56	0.81
Orange roughy -- orange roughy eastern zone	2.57	0.20
Orange roughy -- orange roughy southern zone	0.30	0.02
Orange roughy -- orange roughy western zone	2.48	0.19
Orange roughy -- orange roughy Cascade Plateau zone	12.99	0.99
Pink ling	23.88	1.82
Redfish	7.02	0.54
Royal red prawn	5.77	0.44
School whiting	2.40	0.18
Silver trevally	2.33	0.18
Spotted warehou	18.57	1.41

The total SETF industry budget has decreased by $146,944. However the industry component of the budget has increased by $147,819 from $2,204,445 to $2,352,264 or an increase of 6% mainly due to the implementation of the CRIS. The increase is directly related to staff time that was previously Government funded because of the introduction of Management Plans and legal costs now being recoverable from industry. However, because the 2003-04 budget was slightly underspent the levy payable is $2,172,572.

Commonwealth Victorian Inshore Trawl Fishery Budget

Subregulation 11.2(6) sets the levy payable for a SESSF VIT fishing permit in force on or after 1 January 2005 and on or before 31 December 2005.

The levy payable is $1,112.56, including a research component of $60.

The CVITF industry component of the budget has increased from $44,897 to $51,259 an increase of 12%. However, because the 2003-04 budget was slightly overspent the levy payable is $56,411.

The total CVITF budget has increased by $4,980. The industry component of the budget has been increased by $6,362 mainly due to the implementation of the new cost recovery impact statement. The increase is directly related to staff time that was previously Government funded because of the introduction of Management Plans and legal costs now being recoverable from industry.

Regulation 11.3 provides that all SESSF levies mentioned in Regulation 11.2 are due and payable either in full or in two equal instalments. Either the full amount or the first instalment is payable by 28 January 2005 or 28 days after the invoice date for the instalment, whichever is later. The second instalment, if any, is payable by 13 May 2005 or 28 days after the invoice date for the instalment, whichever is later.

Part 12 Southern Bluefin Tuna Fishery

Regulation 12.1 defines the terms used in the Part.

Regulation 12.2 sets the levy payable in the fishery for a SFR in force on 15 January 2005. The levy amount is 25.04 cents per SFR, the research component of which is 2.95 cents.

The total amount to be collected as SBT Fishery management levies in 2004-05 (excluding the research component) will be $1,176,321, which is 10% less than 2003-04.

The reduction is primarily due to changes in CRIS which have reduced industry costs for the fishery.

Regulation 12.3 provides that levy is payable on 12 February 2005, or within 28 days after the invoice date for the instalment, whichever is later.

Part 13 Southern Squid Fishery

Regulation 13.1 defines the terms used in the Part.

Regulation 13.2 sets the levy for a Southern Squid Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2005.

The levy amount is $3,082 per permit, the research component of which is $60.

This levy amount has increased by $530 from the 2003 Regulations, which represents an 18 per cent increase on 2003-2004. Costs have increased due to the implementation of a Catch Disposal Record (CDR) system for the fishery, collection of research funds, increases in logbook and data management costs and the costs associated with the gazettal and advertising of the management plan.

Regulation 13.3 provides that levy for the fishery is payable on 28 February 2005 or 28 days after the invoice date for the levy, whichever is later.

Part 14 Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery (SWTBF)

Regulation 14.1 defines the terms used in the Part.

Regulation 14.2 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 2005. All permit holders within the SWTBF will be levied the same research component. The levy amount is:

•       $2,735 for a permit authorising purse seining, including a research component of $416;

•       $4,598 for a permit authorising pelagic longlining, including a research component of $416; and

•       $3,290 for a permit authorising the use of any other line fishing methods, including a research component of $416.

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 2004-05 SWTBF levy base has decreased by 28 per cent compared to the amount levied in 2003-04. The decrease extends across all areas of the budgets as a result of a significant reduction in operators fishing over the past year and this is anticipated to continue in the foreseeable future. The development of a statutory management plan for the fishery is mostly completed and management requirements, given the low fishing levels, are significantly lower in the coming financial period. The fishery downturn also resulted in lower expenditure in 2003-04 and the surplus in funds from this year has further reduced the amount of levy required to cover the cost of management in 2004-05.

The research component has decreased again for 2004 due to another decrease in the Gross Value of Production of the fishery.

Regulation 14.3 provides that levy is payable either in full by the date set for the first instalment or in two equal instalments:

• on 15 January 2005; and

• on 5 May 2005;

or within 28 days after the invoice date for the instalment, whichever is later.

If the fishing permit is granted on or after 15 January 2005, but not in force on 14 January 2005, all of the levy is due and payable by 5 May 2005 or within 28 days after the invoice date for the levy, whichever is later.

Part 15 South Tasman Rise Fishery

Regulation 15.1 defines the terms used in the Part.

Regulation 15.2 sets the levy payable for a South Tasman Rise Fishery fishing permit in force on or after 1 March 2005 and on or before 31 December 2005.

The levy payable is the research component which is $103.64 per permit.

Although the total management budget for the fishery in 2004-05 is 51 percent lower than the 2003-04 budget, recoverable industry costs in 2004-05 are 6 percent higher than in 2003-04. The increase in industry recoverable costs is a result of the CRIS, which identified greater attribution of costs to industry, compared to the previous year.

Despite the 6 percent increase in industry recoverable costs, and hence an increase in the 2004-05 levy compared to the previous year, AFMA has consulted industry regarding the use of unspent research funds from the previous year to defray the levy for 2004-05. As a result the management levy in 2004-05 will be $0.00. However the research component of $103.64 will still be collected. In contrast, the levy per South Tasman Rise fishing permit for 2003-04 was $2236.50.

Regulation 15.3 provides that levy is payable on 31 March 2005 or 28 days after the invoice date for the levy, whichever is later.

Part 16 Western Deep Water Trawl Fishery

Regulation 16.1 defines the terms used in the Part.

Regulation 16.2 sets the levy for the Western Deep Water Trawl Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2005.

The levy amount is $8,850.09 per permit, including the research component of $403.91.

The industry component of the 2004-05 Western Deepwater Trawl Fishery budget has increased by approximately 5% from 2003-04. This is primarily attributable to a change in the industry portion of data management costs arising from the implementation of the CRIS.

Regulation 16.3 provides that levy is payable on 28 January 2005 or 28 days after the invoice date for the levy, whichever is later.

Part 17 Western Skipjack Fishery

Regulation 17.1 defines the terms used in the Part.

Regulation 17.2 sets out the levy payable for a Western Skipjack Fishery fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2005.

The levy amount is $3,032 per permit, including a research component of $72.

The 2004-05 levy base for the Skipjack Fisheries is $114,155. This represents a 3.4 per cent decrease from the 2003-04 value of $118,231. The 2003-04 expenditure was $16,454 less than expected and as such, the amount to be collected is $97,701 (excluding the research component). The decrease in the levy base and the excess 2003-04 funds can be attributed to unspent funds budgeted for the Skipjack Consultative Committee.

Regulation 17.3 provides that levy is payable on 31 May 2005 or 28 days after the invoice date for the levy, whichever is the later.

Part 18 Informally Managed Fisheries

Regulation 18.1 defines the terms used in the Part.

Regulation 18.2 sets the levy for an Informally Managed Fishery fishing permit in force on or after the Regulations commence and on or before 30 June 2005.

The levy amount is $1,000 per permit, including a research component of $60. Levies are not payable on fishing permits which are issued to authorise testing of fishing equipment.

The levy amount is the same as in the 2003 Regulations.

Regulation 18.3 provides that levy for the informally managed fishery is payable on 28 January 2005 or 28 days after the invoice date for the levy, whichever is the later.