EXPLANATORY STATEMENT

Select Legislative Instrument 2005 No. 282

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

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy Regulations 2005

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 2005 (the Regulations) repeal and replace the Fishing Levy Regulations 2004 (the 2004 Regulations), and relevant amending regulations, and set the amounts of levy payable on fishing concessions that relate to the 2005-06 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 2004 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 Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the proposed Regulations (ORR ID 7757).  This is because the proposed amendments are of a minor or machinery nature and do not substantially alter existing arrangements.

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 the day after they were registered on the Federal Register of Legislative Instruments.

 

ATTACHMENT

FISHING LEVY REGULATIONS 2005

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 Regulation 4A(2) of the Fisheries Research and Development Corporation Regulations 1991.

"SFR" means a statutory fishing right.

Part 1 Preliminary

Regulation 1 provides for the Regulations to be cited as the Fishing Levy Regulations 2005.

Regulation 2 provides that the Regulations commence the day after they are registered on the Federal Register of Legislative Instruments.

Regulation 3 repeals the 2004 Regulations and relevant amending Regulations.

Regulation 4 defines terms used in the Regulations. In particular, the Regulation:

• 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 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 currently subject to the Management Regulations with the exception of the Christmas Island and Cocos (Keeling) Islands Fishery which is now managed by the Australian Government Department of Transport and Regional Services and the pelagic longline sector which is now managed under the relevant AFMA tuna fisheries.

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

 

Part 2 Bass Strait Central Zone Scallop Fishery

Regulation 6 defines a term used in the Part.

Regulation 7 sets the levy payable for a Bass Strait Scallop Fishery (BSCZSF) SFR in force on or after 1 January 2006.

The levy amount is $0.65c for each SFR granted and includes a research component of $0.01. While the levybase has been reduced overall from that of 2004-05 there was an over-expenditure of $18,857 in 2004-05 due to increased salary, compliance, research and licensing costs associated with the drafting and implementation of amendments to the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the various instruments made under it which will be recovered this year. There is no change in the overall amount of levy payable for 2005-06 compared to 2004-05.

Levy is payable on 29 January 2006 or 28 days after the invoice date for the levy, whichever is later (Regulation 8).

Part 3 Coral Sea Fishery

Regulation 9 defines a term used in the Part.

Regulation 10 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 2006.

The levy payable is $2,230.77 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 - $878.56. When the Tier 1 and Tier 2 amounts are combined, this is an increase of 2% for the sector from 2004-05.

•   for the lobster or trochus sectors - $1,969.13. When the Tier 1 and Tier 2 amounts are combined, this represents an increase of 31% for the sector from 2004-05.

•   for the line sector - $7,532.33. When the Tier 1 and Tier 2 amounts are combined, this is an increase of 24% for the sector from 2004-05.

•   for the trawl sector - $12,343.97. When the Tier 1 and Tier 2 amounts are combined, this is a 23% increase for the sector from 2004-05.

•   for the sea cucumber sector - $10,249.16. When the Tier 1 and Tier 2 amounts are combined, this represents a 22% increase in the sector from 2004-05.

The Tier 1 amount includes a research component of $146.56.

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 $2,230.77 + $878.56 = $3,109.33.  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 as a result of:

·        an under-collection of $24,366 in 2004-05.  This under-collection was largely a result of increased salary costs associated with management of the fishery.

·        a budget increase of $22,615 to more closely reflect the actual cost and time involved in managing the Fishery.

Levy is payable on 31 March 2006 or 28 days after the invoice date for the levy, whichever is the later (Regulation 11).

Part 4 Eastern Skipjack Fishery

Regulation 12 defines a term used in the Part.

Regulation 13 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 2006.

The levy amount is $2,928 per permit, including a research component of $39.

The 2005-06 levy for permits in the Skipjack Fisheries is 3% lower than in 2004-05. The small decrease is explained by a larger surplus ($19,226) from 2004-05 than from 2003-04 ($16,454), while the budget has remained roughly constant.

Regulation 14 provides that levy is payable on 31 May 2006 or 28 days after the invoice date for the levy, whichever is the later.

Part 5 Eastern Tuna and Billfish Fishery

Regulation 15 defines a term used in the Part.

Regulation 16 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 2006.

The ETBF is divided into sectors based on area and method of fishing. A fishing permit for the fishery allows an operator to fish in one or more sectors.

The amount of levy that is payable is set out in Table 16 of 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 Table 16 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 MAC has recommended that the rate of levy charged to fishers in 2005-2006 remain the same for all permit categories as that charged in 2004-2005. This will result in the collection of management levies in 2005-06 (excluding the research component) of $2,076,068. The difference between this amount and the ETBF industry budget in 2005-06 of $2,365,017 will be funded from surplus funds carried forward from the previous financial year.

Table 16 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	$457
PL Sector	$2,215	$337
PLL (Sub-area 1) Sector	$11,551	$464
PLL (Sub-area 2) Sector	$10,351	$464
PLL (Sub-area 4) Sector	$5,753	$464
PLL (Sub-area 6) Sector	$5,496	$464
PLL (Sub-area 7) Sector	$5,496	$464
PLL (Sub-area 8) Sector	$5,496	$464
PLL (Sub-area 9) Sector	$3,549	$464
PLL (Sub-area 10) Sector	$1,040	$464

Subregulation 17 (2) 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 2006 or 28 days after the invoice date for the instalment. The second instalment, if any, is payable by the later of 8 April 2006 or 28 days after the invoice date for the instalment.

Under subregulation 17 (5), if a fishing permit in force on the 8 April 2006 is granted after 28 January 2006, 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 18 defines a term used in the Part.

Regulation 19 sets the levy payable for a Heard Island and McDonald Islands Fishery SFR in force on commencement of the Regulations.

The levy payable is $14.94 per SFR (including a research component of 1.19 cents).

The industry budget for the HIMI fishery in 2005-06 is $825,179 excluding the FRDC research component. The overall levy base for this fishery has increased by around 129%. This is due to the inclusion of excess expenditure from the 2004-05 financial year as a result of increased compliance costs for WA Fisheries to monitor vessel unloads, and incorporation of the industry survey research into the levy base. The total value of the industry survey is $582,929 annually of which $466,343 is recoverable from industry. Industry has supported this approach. Observer administration costs were under budget because of extra sea days in other fisheries thereby reducing the allocation to the HIMI Fishery.

Regulation 20 provides that HIMI levies are due and payable either in full or in two equal instalments. Either the full amount or the first instalment is payable by 15 March 2006 or 28 days after the invoice date for the instalment, whichever is later. The second instalment, if any, is payable by 15 June 2006 or 28 days after the invoice date for the instalment, whichever is later.

Part 7 Macquarie Island Fishery

Regulation 21 defines a term used in the Part.

Regulation 22 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 2006.

The levy payable is $92,597 per fishing permit, including the research component of $3,703, which is a 24% reduction from 2004-05.

The industry budget for the Macquarie Island Fishery in 2005-06 is $154,575 excluding the research component. 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. The deferment of levy for the development of the management plan was also adopted in the previous year. This amounts to $65,681 for this year. As a result the amount to be collected for 2005-06, including 2004-05 excess expenditure, is $92,597 including the research component (currently there is only one permit holder in the fishery).

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 23).

 

 

Part 8 Northern Prawn Fishery

Regulation 24 defines a term used in the Part.

Regulation 25 sets the levy payable for a Northern Prawn Fishery (NPF) SFR in force on 12 December 2005, or if the Regulations commence after that date, then the date of commencement.

The levy payable is $38.35 per SFR, which is a 3% increase from 2004-05, and includes a research component of $5.29.

 

The industry component of this fishery’s budget has marginally increased from 2004-2005.  This is largely as a result of the increase in staff allocated to the fishery due to management plan amendments and reviews due in the 2005-2006 year as well as increased research funding directly related to the fishery-independent surveys. The FRDC component (average of three years) has decreased slightly as a result of a lower fishery gross value of production (GVP) compared to last year.

 

After allowing for excess receipts and the above additional research contribution the management levies collectable total in 2005-06 (excluding the FRDC levy) will be $1,780,364. As occurred in 2004-05, the FRDC levy component will include an additional $100,000 for the MOU between FRDC and CSIRO. The levy collectable per SFR has increased slightly from last year.

Regulation 26 provides that levy is payable on 28 January 2006 or 28 days after the invoice date for the levy, whichever is the later.

 

Part 9 North West Slope Fishery

Regulation 27 defines a term used in the Part.

Regulation 28 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 2006.

The amount of levy payable is $7,858 per fishing permit, which is a 4% increase from 2004-05, and includes a research component of $416.

The industry component of the NWSF budget has increased slightly from $76,614 to $78,690. However, the 2005-06 levy (excluding the research component) has been reduced to $52,091 after allowing for the under expenditure in 2004-05 of $26,599.

Regulation 29 provides that levy is payable on 28 January 2006 or 28 days after the invoice date for the levy, whichever is the later.

 

Part 10 Small Pelagic Fishery

Subregulation 30 (1) defines a term used in the Part.

 

Subregulation 30 (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.

Regulation 31 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 2006.

The amount of levy payable is $5,691.81 per fishing permit or fishing permit package, including a research component of $104.81.

 

This is an 80% increase from 2004-05. The industry budget for the SPF in 2005-06 is $228,117.  After taking into account the deficit in 2004-05 levy base of $73,674, an additional $13,750 that needs to be collected for research to cover AFMA’s contribution to the FRDC 2002/061 project, and $1,929 levy payments from 2004-05 collected in July and August 2006, the total levy to be collected in 2005-06 (excluding the research component) is $313,612. This is a significant increase against the budgeted levy base for 2004-05 and this is largely due to salary costs and related overheads being over budget due to the formation of the Small Pelagic Fishery Management Advisory Committee (SPFMAC) and Resource Assessment Group (RAG) along with the development of the management plan. Travel and consultancies were also over budget due to the initial SPFMAC meeting and the establishment of the Independent Allocation Advisory Panel where costs were not included in last year’s budget.     

Regulation 32 provides that levy is payable on 28 April 2006 or 28 days after the invoice date for the levy, whichever is the later.

Part 11 Southern and Eastern Scalefish and Shark Fishery

The Southern and Eastern Scalefish and Shark Fishery (SESSF) incorporates the management of the previously individually managed East Coast Deep Water Zone Fishery (ECDWZF – now known as East Coast Deepwater Trawl Sector (ECDT)), Great Australian Bight Trawl Fishery (GABTF), Gillnet Hook and Trap Fishery (GHTF), South East Trawl Fishery (SETF) and the Victorian Inshore Trawl Fishery (now known as Victorian Coastal Waters Sector (VCW)) 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 is managed under SFRs and permits for different sectors of the SESSF.

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 ECDT, GABTF, GHTF, SETF, and VCW budgets. It should be noted however, that while the Fishing Levy Regulations 2005 detail levy information by sector permits, boat SFRs and quota SFRs sequence, this document discusses the levy amounts to be collected in terms of individual fishery budgets with a view to explaining proposed increases or decreases in levy.

Subregulations 48 (3) and 49 (3) provide that all SESSF levies mentioned in Subregulations 34 (2), 35 (2), 36 (2), 37 (2), 38 (2), 39 (2), 40 (2), 41 (2), 42 (2), 43 (2), 44 (2), 45 (2), 46 (2) and 47 (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 2006 or 28 days after the invoice date for the instalment, whichever is later. The second instalment, if any, is payable by 13 May 2006 or 28 days after the invoice date for the instalment, whichever is later.

 

·        East Coast Deepwater Trawl Fishery Budget

Subregulation 34(1) defines a term used in the part.

Subregulation 34(2) sets the levy payable for an SESSF ECDT fishing permit in force on or after 1 January 2006 and on or before 31 December 2006.

The levy payable is $2,515.89 which includes a research component of $60.

This is a 17% decrease from 2004-05. 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 ECDT budget has increased from $55,948 to $58,287. However, the 2005-06 levy to be collected (excluding the research component) is reduced to $44,206 after allowing for the excess receipts of $11,643 and the $2,438 collected in July and August 2005.

·        Great Australian Bight Trawl Fishery Budget

Subregulation 35 (1) defines a term used in the part.

Subregulation 35 (2) sets the levy payable for a SESSF Great Australian Bight trawl quota species fishing permit in force on or after 1 January 2006 and on or before 31 December 2006. Regulation 41 (2) sets the levy payable for a SESSF GAB Trawl Boat SFR in force on 1 January 2006. SESSF GABT quota species fishing permits authorise the take of shark species that are managed under a quota system consistent with the GHTF and SETF. 

The levy payable for a SESSF GABT quota species permit is the total of 32.44 cents for each quota unit of school shark, 31.39 cents for each quota unit of gummy shark, 21.04 cents for each quota unit of sawshark, 9.82 cents for each quota unit of elephant fish mentioned on the permit at the time the permit is granted. The research components of the respective levy amounts are as follows:  2.26 cents for school shark, 1.46 cents for sawshark, 2.18 cents for gummy shark and 0.68 of a cent for elephant fish.

The levy payable for a SESSF GAB Trawl Boat SFR is $46,408.82, and includes a research component of $3,294.62. This is a 31% increase from 2004-05.

 

The industry component of the budget has increased from $328,557 to $363,578 an increase of 20%. However, because the 2004-05 budget was overspent the total levy payable is $431,142 (excluding the research component).

 

The GAB trawl levies have increased due mainly to an over-expenditure of the 2004-05 research budget. This was the result of implementing an industry-based Fishery Independent Survey to improve knowledge of the fish stocks in the area of the fishery. The over-expenditure was supported by GABMAC with the knowledge that levies would increase in 2006 to account for this.

·        Gillnet Hook and Trap Sector Budget

 

Subregulations 36 (1), 40 (1), 42 (1), 43 (1) and 44 (1) define terms used in this part.

 

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

 

·        SESSF Gillnet Boat SFR (subregulation 42(2));

·        SESSF Scalefish Hook Boat SFR (subregulation 43(2)); and

·        SESSF Shark Hook Boat SFR (subregulation 44(2))

 

where the relevant SFR is in force on 1 January 2006; and

 

·        SESSF GHT coastal waters fishing permit (Regulation 36(2)); and

·        SESSF GHT Trap fishing permit (Regulation 40(2)),

 

where the relevant permit is in force on or after 1 January 2006 and on or before 31 December 2006.

The levy payable for a Gillnet Boat SFR is $1,392.94, a Scalefish Hook Boat SFR $3,011.34, a Shark Hook Boat SFR $1,392.94, a GHT coastal waters fishing permit $1,392.94 and a GHT Trap fishing permit $3,011.34 including a research component on all types of entitlements of $192.94.

 

Subregulation 36 (1) provides that where an operator holds a SESSF gillnet, hook and trap (GHT) fishing permit that is linked to a SESSF Boat SFR by a permit condition, levy is not imposed on the permit.

Subregulation 36 (2) 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 Regulation 36 (2). The rates for the quota species are:

 

Species	Amount for each quota unit on fishing permit (cents)
School shark	30.18
Gummy shark	29.21
Sawshark	19.58
Elephant fish family	9.14

For SESSF Type N quota species SFRs provided at Subregulation 46 (2) the amount due for each species in force on 1 January 2006 is calculated by the amount for the relevant quota species stated in the Regulations. The rates for the quota species are set out in Table 46 as:

 

Item	Species	Amount for each quota SFR (cents)
1	Blue eye trevalla	12.47
2	Blue grenadier	9.60
3	Blue warehou	2.20
4	Flathead	10.26
5	Gemfish Eastern Sector	4.84
6	Gemfish Western Sector	6.10
7	Jackass morwong	3.81
8	John dory	15.97
9	Mirror dory	6.42
10	Ocean perch	10.81
11	Pink ling	23.57
16	Redfish	6.23
17	Royal red prawn	3.49
18	School whiting	1.73
19	Silver trevally	1.97
20	Spotted warehou	16.70

 

The GHT Sector industry budget has decreased from $1,702,104 to $1,603,204. However, because the 2004-05 budget was slightly underspent the levy payable has decreased even further to $1,438,594.

 

In previous years, quota from the old South East Trawl Fishery (SETF) was levied at different rates than quota from the old Gillnet Hook and Trap Fishery (GHTF) for each species. This was done to reflect the different costs of management for the two fisheries. In 2005 the fisheries were merged and SETF quota became type T quota and GHTF became type N quota. There were different rates of levy for type T and type N quota for each species. During 2005 quota was traded so that some type N quota is owned and caught by trawlers and some type T quota is owned and caught by non-trawl methods. For this reason quota for 2006 quota levies will be the same for type N and type T quota.

 

In general, this has meant there has been a reduction in most type N quota from 2005. The overall levy collected from scalefish species is far less than in 2004-05 and it has been necessary to increase the cost of Scalefish Hook Boat SFRs by around $1,400 to account for this. Gillnet and Shark Hook Boat SFR levies are nearly identical to 2004-05.

·        Commonwealth Trawl Sector Budget

Subregulation 45 (1) defines a term used in the part.

Subregulation 45 (2) sets the levy payable for a SESSF Trawl Boat SFR in force on                1 January 2006. 

The levy payable for a SESSF Trawl Boat SFR is $4,751.51 and does not include a research component. This represents a significant increase over the charge for a trawl bot SFR in 2004-05. The fishing industry and AFMA had previously agreed to adopt a two-tier levy system (spreading the levy across two tiers, one for the boat SFR and the remainder against quota) and developed a mechanism for calculating the tier charge for each. It was however decided to phase in the full cost of the trawl boat tier over two years. 2005-06 is the second year and represents the full tier charge.

Subregulation 38 (2) 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 Regulations. The rates for the quota species are:

 

Species	Amount for each quota unit on fishing permit (cents)	Research Component
School shark	32.44	2.26
Gummy shark	31.39	2.18
Sawshark	21.04	1.46
Elephant fish family	9.82	0.68

For SESSF Type T quota species SFRs provided for at Regulation 47 (2) in force on 1 January 2006, the amount due for quota species is calculated by the rate for the relevant quota species stated in Table 47 of the Regulations. The rates for the quota species are:

 

	Levy Amount (cents per Quota SFR unit)
Species	Total 2005-06	2005-06 Research Component
Blue eye trevalla	13.4	0.93
Blue grenadier	10.32	0.72
Blue warehou	2.36	0.16
Flathead	11.03	0.77
Gemfish — gemfish eastern sector	5.20	0.36
Gemfish — gemfish western sector	6.56	0.46
Jackass morwong	4.09	0.28
John dory	17.16	1.19
Mirror dory	6.90	0.48
Ocean perch	11.62	0.81
Orange roughy — orange roughy (eastern zone)	2.40	0.18
Orange roughy (southern zone)	0.32	0.02
Orange roughy (Cascade Plateau zone)	15.63	1.17
Orange roughy (western zone)	2.83	0.21
Pink ling	25.33	1.76
Redfish	6.70	0.47
Royal red prawn	3.75	0.26
School whiting	1.86	0.13
Silver trevally	2.12	0.15
Spotted warehou	17.95	1.25

 

The 2005-06 industry budget for the fishery is $2,420,686 however, after allowing for the excess expenditure from the 2004-05 financial year and the $32,908 levy payments from 2004-05 collected in July and August 2005, the total amount to be collected as management levies in 2005-06 (excluding the FRDC levy) is $2,486,807. 

 

The increase is due to salaries and related overheads for an unbudgeted staff position involved in implementation of the SESS plan which was shared across the SESS sector as well as data management and logbook costs being over budget due to high levels of logbook entry, a redesign of the logbook and greater than anticipated data requests. MAC costs were under budget due to an over budget in travel. Compliance was under budget as a result of the acquittals received for the 2004-05 year for the state reimbursement program.

 

·        Victorian Coastal Waters Sector Budget

Subregulation 37 (1) defines a term used in this Part.

Subregulation 37 (2) sets the levy payable for a SESSF VCW (previously referred to as the Commonwealth Victorian Inshore Trawl Fishery) fishing permit in force on or after 1 January 2006 and on or before 31 December 2006.

The levy payable is $859.17, including a research component of $60, which is a decrease of 23% from 2004-05.

 

The VCW industry component of the budget has decreased from $51,259 to $30,794. However, because the 2004-05 budget was slightly overspent and the $516 levy payments for 2004-05 collected in July and August 2005, the levy payable is $37,856 (excluding the FRDC levy).

 

Part 12 Southern Bluefin Tuna Fishery

Regulation 50 defines a term 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 51 sets the levy payable in the fishery for a SFR in force on 15 January 2006. The levy amount is 29 cents per SFR, the research component of which is 2.5 cents. This is a 16% increase from 2004-05 when the levy payable was 25.04 cents per SFR.

 

When additional expenditure of $54,330 from the last financial year is added to the industry budget, the total amount to be collected as SBT Fishery management levies in 2005-06 (excluding the research component) will be $1,405,793, which is a 19% increase from 2004-05.

The increase in total levy payable is due to the inclusion of an adjustment of $35,936 to reimburse costs for ETBF observer coverage during the SBT season on the east coast, and additional staff costs and overheads. The increased staff costs were primarily due to:

·        increased work on finalising and implementing the revised SBT management plan after the 2004 federal election and prior to the season start on 1 December 2004

·        the redesign and implementation of the new trade information scheme (TIS) process

·        new requirements to implement a Commission for the Conservation of Southern Bluefin Tuna (CCSBT) vessel register for Australian vessels

·        work associated with the SBT strategic assessment process and the SBT Threatened Species Nomination; and

·        increased work arising from the implementation of restricted access arrangements for longline vessels catching SBT in the ETBF.

Regulation 52 provides that levy is payable on 12 February 2006, or within 28 days after the invoice date for the instalment, whichever is later.

 

Part 13 Southern Squid Jig Fishery

Regulation 53 defines a term used in the Part.

Regulation 54 sets the levy for Gear Statutory Fishing Rights in force on or after the commencement of the Regulations and in force after 1 January 2006.

The levy amount is $25.60 per gear SFR, the research component of which is $0.60 per gear SFR.

With the introduction of the Southern Squid Jig Fishery Management Plan 2005 this is the first year where levy will be collected against SFRs rather than Fishing Permits. The 2005-06 industry budget for the fishery has decreased from $241.829 to $195,422. After allowing for the excess expenditure from the 2004-05 financial year and the $1,499 outstanding management levy payments received in July and August 2005, the total amount to be collected as management levies in 2005-06 (excluding the FRDC levy) will be $199,906. The levy amount has reduced by $41,923 due to a reduction in the number of SquidMAC meetings from 3 to 2 and considerable savings in licensing costs.

Regulation 55 provides that levy for the fishery is payable on 21 February 2006 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

Regulation 56 defines a term used in the Part.

Regulation 57 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 2006. All permit holders within the SWTBF will be levied the same research component. The levy amount is:

·        $4,379 for a permit authorising pelagic longlining, including a research component of $212; and

·        $3,075 for a permit authorising the use of any other line fishing methods, including a research component of $212.

·        $2,522 for a permit authorising purse seining, including a research component of $212;

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 2005-06 SWTBF levies have decreased by 8% (purse seine), 5% (pelagic longline) and 7% (other line). This follows a 28% decrease in the SWTBF levy base in 2004-05. The reduction is substantially because the 2005-06 industry budget was reduced by $42,162 (5%) from 2004-05, particularly in operational areas such as data management and compliance, commensurate with the continued decrease in fishing activity. As was the case last year surplus funds were able to be carried over to offset levies in 2005-06 because of the continued decline in fishing activity and delays in implementation of a statutory management plan for the fishery.

The research component has decreased again for 2005-06 due to another decrease in the Gross Value Production of the fishery.

Regulation 58 provides that levy is payable either in full by the date set for the first instalment or in two equal instalments:

• on 15 January 2006; and

• on 5 May 2006;

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 2006, but not in force on
14 January 2006, all of the levy is due and payable by 5 May 2006 or within 28 days after the invoice date for the levy, whichever is later.

Part 15 South Tasman Rise Fishery

Regulation 59 defines a term used in the Part.

Regulation 60 sets the levy payable for a South Tasman Rise Fishery fishing permit in force on or after 1 March 2006 and on or before 31 December 2006.

The levy payable is $1,486.07 per permit (including a research component of $60) compared to 2004-05 when concession holders only paid an FRDC research component of $103.64 and no management levy.  This was because AFMA used surplus research funds collected in previous years to offset the management levy for 2004-05 and reduce it to $0.00.

The industry budget for the fishery for 2005-06 is $38,118 compared to $52,581 in 2004-05. The total amount to be collected as management levies in 2005-06 (excluding the FRDC levy) after deducting surplus funds from 2004-05 of $18,144 will be $19,974.

Regulation 61 provides that levy is payable on 31 March 2006 or 28 days after the invoice date for the levy, whichever is later.

Part 16 Western Deepwater Trawl Fishery

Regulation 62 defines a term used in the Part.

Regulation 63 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 2006.

The levy amount is $5,962, the research component of which is $332 which is a decrease of 33% from last year.

The 2005-06 industry budget for the fishery has decreased from $97,520 to $90,448. Due to underspending of the 2004-05 budget, the management levies collectable for 2005-06 (excluding the FRDC levy) will be $61,936. The decrease is due to salary costs being under budget because the MAC executive officer position remained vacant for most of the financial year, MAC costs being below budget because a MAC meeting was not held in 2004-2005 and logbook and data management expenditure being below budget due to lower logbook data entry costs.

Levy is payable on 28 January 2006 or 28 days after the invoice date for the levy, whichever is later (Regulation 64).

Part 17 Western Skipjack Fishery

Regulation 65 defines the terms used in the Part.

Regulation 66 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 2006.

The levy amount is $2,928 per permit, including a research component of $39.

The 2005-06 levy for permits in the Skipjack Fisheries is 3% lower than in 2004-05. The small decrease is explained by a larger surplus ($19,226) from 2004-05 than from 2003-04 ($16,454), while the budget has remained roughly constant.

Regulation 67 provides that levy is payable on 31 May 2006 or 28 days after the invoice date for the levy, whichever is the later.

Part 18 Informally Managed Fisheries

Regulation 68 defines the terms used in the Part.

Regulation 69 sets the levy for an Informally Managed Fishery fishing permit in force on or after 1 January 2006 and on or before 30 June 2006.

The levy amount is $1,000, the research component of which is $60.

Levy for the fishery is payable on 28 January 2006 or 28 days after the invoice date for the levy, whichever is the later (Regulation 70).