ATTACHMENT A

Details of the Fishing Levy Regulation 2014

Part 1- Preliminary

1 Name

This section provides for the regulation to be cited as the Fishing Levy Regulation 2014 (the Regulation).

2 Commencement

This section provides that the Regulation commences on the day after it is registered.

3 Authority

This section provides that the Regulation is made under the Fishing Levy Act 1991 and the Fisheries Management Act 1991.

4 Schedules

This section provides that the Fishing Levy Regulation 2013 is repealed by Schedule 1.

5 Definitions

This section defines terms used in the Regulation.

6 References to fisheries

This section provides that, where a reference is made to the name of a fishery in the Regulation, that it is the name that corresponds to one described in the Management Regulations or in a plan of management.

 

Part 2 - Amount of levy

7 Prescribed amounts of levy

This section prescribes the amount of levy payable.

8 Bass Strait Central Zone Scallop Fishery (BSCZSF)

8(1) This section defines a leviable BSCZSF quota statutory fishing right (SFR).

8(2) This section sets the levy payable for a BSCZSF commercial scallop quota SFR in force on or after the commencement of the Regulation and before 30 June 2015.

The amount of levy in respect to a leviable BSCZSF SFR is $0.28679; including a FRDC component of $0.00240.

 

Table 1:  Comparison of the BSCZSF levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	291 921	112 714	- 179 207	- 61.39%
Prior year (over)/under recoveries	(134 942)	13 692
Amount payable (excludes FRDC)	156 979	126 406	- 30 573	- 19.48%

There has been a 19.48 per cent ($30 573) decrease in the levy amount for 2014-15 ($126 406) compared to the levy amount payable for 2013-14 ($156 979). This decrease is a result of the implementation of the new harvest strategy for the fishery, which has constrained budgeted costs to $112 714 when setting the total allowable catch (TAC) at 150 tonnes for the season. Some additional costs associated with increasing the TAC to 1000 tonnes for the remainder of the 2014 season have been incurred and will be recovered through levies in 2015-16.

To calculate the levy payable for each commercial scallop quota SFR the research component ($1 065) is added to the total management levy to be collected ($126 406) and then divided by the number of commercial scallop quota SFRs in the fishery (444 500).

 

9 Coral Sea Fishery (CSF)

9(1) This section defines a leviable CSF fishing permit.

9(2) This section sets the levy payable for a CSF fishing permit in force on or after the commencement of the Regulation and before 30 June 2015.

The levy is made up of two components: a base amount (Tier 1) levy plus an additional amount (Tier 2) for each sector of the fishery to which the permit provides access. The Tier 1 levy covers general management costs incurred equally across each sector including salaries, travel, logbook processing, data management, licensing and compliance costs. Tier 2 levies reflect observer costs associated with each sector of the fishery.

The amount of levy in respect to a leviable Tier 1 CSF fishing permit levy is $9 655.75; including a FRDC component of $31.13.

The amount of levy in respect to leviable Tier 2 CSF permits is:

*         Hand collection - $937.87 (6 permits); and

*         Line, Trap and Trawl - $2 250.88 (10 permits).

 

 

 

Table 1: Comparison of the CSF levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	140 569	172 783	32 214	22.92
Prior year (over)/under recoveries	(68 115)	9 347
Amount payable (excludes FRDC)	72 454	182 130	109 676	151.37

There has been a 151.37 per cent ($109 676) increase in the levy amount payable for 2014-15 ($182 130) compared to the levy amount payable for 2013-14 ($72 454). This increase arises as the significant underspend from 2012-13 ($68 115), which offset the levy amount payable in 2013-14 ($72 454), is not available to reduce the levy payable for 2014-15 ($182 130). Instead in 2013-14 there was an overspend ($9 347), which has increased the amount levied ($182 130) from the budgeted amount ($172 783). The increase in the cost recovered budget for 2014-15 is due to additional staffing that will be necessary to complete the environmental approvals for the fishery as required under the Environment Protection and Biodiversity Conservation Act 1999.

The levy payable for each permit is split into two tiers. Tier 1 ($9 655.75) is the levy amount paid by all 16 permit holders representing general fisheries costs. Tier 2 represents the observer budget ($28 136) which is split based on expected use, 80 per cent to Line, Trap and Trawl and 20 per cent to Hand Collection.

 

10 Eastern Skipjack Fishery (ESF)

10(1) This section defines a leviable ESF fishing permit.

10(2) This section sets out the levy payable for an ESF fishing permit in force on or after the commencement of the Regulation and before 30 June 2015.

The amount of levy in respect to a leviable ESF permit is $1 681.69; there is no research component.

Table 3: Comparison of the Skipjack Fisheries levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	58 041	58 311	270	0.46
Prior year (over)/under recoveries	(418)	(4 498)
Amount payable (excludes FRDC)	57 623	53 814	-3 809	-6.61

There has been a 6.61 per cent ($3 809) decrease in the levy payable for 2014-15 ($53 814) compared to the levy payable for 2013-14 ($57 623). There has been little fishing activity in either the ESF or WSF in recent years so management costs are mainly associated with Licensing functions and implementing obligations from the Western and Central Pacific Fisheries Commission and the Indian Ocean Tuna Commission.

The ESF is managed under a single budget for both the ESF and WSF. The method used to calculate the levies combines the number of permits from both fisheries and then divides the total levy base by the total number of permits. There are currently 18 permits in the ESF and 14 permits in the WSF. Therefore, to determine the individual levies the levy base ($53 814) has been divided by 32 permits.

 

11 Eastern Tuna and Billfish Fishery (ETBF)

11(1) This section defines leviable ETBF boat and quota SFRs.

11(2) This section sets the levy payable for ETBF SFRs in force on or after the commencement of this regulation and before 30 June 2015, as:

 

Item	Management Levy	FRDC Levy	Total Levy
Longline Boat SFR	$3 624.10	-	$3 624.10
Minor Line Boat SFR	$1 602.97	-	$1 602.97
Albacore Tuna Quota SFR	$0.0753	$0.0045	$0.0798
Bigeye Tuna Quota SFR	$0.2036	$0.0122	$0.2158
Broadbill Swordfish Quota SFR	$0.2375	$0.0143	$0.2518
Striped Marlin Quota SFR	$0.0498	$0.0030	$0.0528
Yellowfin Tuna Quota SFR	$0.5167	$0.0311	$0.5478

 

Table 4: Comparison of the ETBF levy base between 2013-14 and 2014-15.

 

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	1 599 614	1 760 596	160 982	10.06
Prior year (over)/under recoveries	(147 999)	(32 492)
Less Observer Fee for Service	50 000	50 000
Amount payable (excludes FRDC)	1 401 615	1 678 104	276 489	19.73

There has been a 19.73 per cent ($276 489) increase in the levy amount payable for 2014-15 ($1 678 104) compared to the levy amount payable for 2013-14 ($1 401 615). This increase is mainly due to a rise in the research budget because of new research projects associated with the fishery and the timing of milestone payments for the CSIRO management and assessment project. The Commonwealth Fishery Bycatch and Discards Program is now partially cost recovered and $43,876 of new costs are associated with this program.

There is a two tiered system for the payment of levies in the ETBF.  Tier 1 represents the fixed costs of managing the fishery.  These costs are divided between Longline Boat SFRs and Minor Line Boat SFRs, with two thirds of the Tier 1 levy recovered equally amongst Longline Boat SFR holders and the remaining one third recovered equally from Minor Line Boat SFR holders.  Tier 2 represents the costs which are variable depending on the level of fishing effort, such as compliance data collection, logbooks and observers.  These costs are divided between each Quota SFR based on the relative market value of each quota species.

Operators who wish to fish in the Coral Sea Zone of the fishery are required to hold both a Longline Boat SFR and a Coral Sea Zone Boat SFR, hence there is no separate charge for a Coral Sea Zone Boat SFR.

 

12 Heard Island and McDonald Islands Fishery (HIMIF)

12(1) This section defines a leviable HIMIF quota SFR.

12(2) This section sets the levy payable for a HIMIF quota SFR in force on or after the commencement of the Regulation and before 30 June 2015.

The amount of levy in respect to a leviable HIMIF SFR is $10.2319; including a FRDC component of $1.9873.

Table 5: Comparison of the HIMIF levy base between 2013-14 and 2014-15.

 

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	846 196	850 736	4 540	0.54
Prior year (over)/under recoveries	24 142	(60 450)
Less Observer Fee for Service	295 610	295 610
Amount payable (excludes FRDC)	574 728	494 676	-80 052	-13.93

There has been a 13.93 per cent ($80 052) decrease in the levy amount payable for 2014-15 ($494 676) compared to the levy amount payable for 2013-14 ($574 728). The decrease is due to a refund from the 2013-14 financial year ($60 450) as well as an overspend at the end of the 2012-13 financial year ($24 142).

To calculate the levy payable for each SFR, the research component ($119 238) is added to the total management levy to be collected ($494 676) and then divided by the number of commercial SFRs in the fishery (60 000).

13 Macquarie Island Toothfish Fishery (MITF)

13(1) This section defines a leviable MITF quota SFR.

13(2) This section sets the levy payable for a MITF quota SFR in force on the commencement of this regulation and before 30 June 2015.

The amount of levy in respect of a leviable MITF quota SFR is $15.4275; including a FRDC component of $0.8602.

Table 6: Comparison of the MITF levy base between 2013-14 and 2014-15.

 

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	316 241	346 300	-30 059	9.51
Prior year (over)/under recoveries	(151 727)	(19 021)
Less Observer Fee for Service	73 975	73 975
Amount payable (excludes FRDC)	393 993	291 346	102 647	-26.05

There has been a 26.05 per cent ($102 647) decrease in the levy amount payable for 2014-15 ($291 346) compared to the levy amount payable for 2013-14 ($393 993). This is due to a decrease in the overspend from the 2013-14 budget ($19 021) compared to the 2012-13 overspend ($151 727).

To calculate the levy payable for each SFR, the research component ($17 203) is added to the total management levy to be collected ($291 346) and then divided by the number of commercial SFRs in the fishery (20 000).

 

14 Northern Prawn Fishery (NPF)

14(1) This section defines a leviable NPF gear SFR.

14(2) This section sets the levy payable for a NPF gear statutory fishing right (SFR) that is in force on or after the commencement of this regulation and before 30 June 2015.

The amount of levy in respect to a leviable gear SFR is $60.88; including a FRDC component of $6.85.

Table 7: Comparison of the NPF levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	2 126 807	2 257 616	130 809	6.15
Prior year (over)/under recoveries	(60 126)	(340 567)
Amount payable (excludes FRDC)	2 066 681	1 917 049	- 149 632	-7.24

There has been a 7.24 per cent ($149 632) decrease in the levy amount payable for 2014-15 ($1 917 049) compared with the levy amount payable for 2013-14 ($2 066 681). The decrease is largely attributable to the large refund from the 2013-14 levies ($340 567) caused by an underspend in the 2013-14 NPF budget.

Overall the cost recoverable component of NPF budget has increased by $130 809 (6.15%). This increase is largely driven by an increase in research costs and the addition of the Commonwealth Fishery Bycatch and Discards Program ($53,230) to the cost recovered budget.

To calculate the levy payable for each NPF gear SFR, the total FRDC research levy ($242 995) is added to the total management levy to be collected ($1 917 049) and divided by the number of gear SFRs in the fishery (35 479).

 

15 North West Slope Trawl Fishery (NWSTF)

15(1) This section defines a leviable NWSTF fishing permit.

15(2) This section sets the levy payable for a NWSTF fishing permit in force on or after the commencement of this regulation and before 30 June 2015.

The amount of levy in respect to a leviable NWSTF fishing permit is $14 366.86; including a FRDC component of $306.86.

Table 8: Comparison of the NWSTF levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	96 570	106 240	9 670	10.01
Prior year (over)/under recoveries	(33 352)	(7 819)
Amount payable (excludes FRDC)	63 218	98 420	35 202	55.68

 

There has been a 55.68 per cent ($35 201) increase in the levy amount payable for 2014-15 ($98 420), compared to the levy amount payable for 2013-14 ($63 219). The increase in the levy payable is attributable to the increase in the 2014-15 cost recovered budget ($9 670), due primarily to the addition of the Commonwealth Fishery Bycatch and Discards Program ($7 097) to the cost recovered budget and a significantly lower levy refund from 2013-14 (compared to the refund from 2012-13 which substantially lowered the levy payable in 2013-14).

To calculate the levy payable for each NWSTF fishing permit, the total FRDC research levy ($2 148) is added to the total management levy ($98 420) and divided by the number of permits in the fishery (7).

 

16 Small Pelagic Fishery (SPF)

16(1) This section defines a leviable SPF quota SFR.

16(2) This section sets the levy payable for a SPF quota SFR in force on or after the commencement of this regulation and before 30 June 2015.

 

The amount of levy in respect to a leviable SPF quota SFR including the FRDC component is $0.005824.

Table 9: Comparison of the SPF levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	396 136	367 793	-28 343	-7.15%
Prior year (over)/under recoveries	5 319	(12 437)
Amount payable (excludes FRDC)	401 455	355 356	-46 099	-11.48%

 

There has been an 11.48 per cent ($46 099) decrease in the levy amount payable for 2014-15 ($355 356) compared to the levy amount payable for 2013-14 ($401 455). This decrease is primarily due to lower observer coverage ($15 444) resulting from less fishing activity and a reduction in scheduled milestone payments of research project costs ($33 920).  However, Research Assessment Group (RAG) costs have increased ($36 448) to accommodate the increase in sitting fees that are now payable to all members of the SPFRAG.

To calculate the levy payable for each SPF quota SFR, the total FRDC research levy ($213) is added to the total management levy to be collected ($355 356) and divided by the number of quota SFRs in the fishery (61 047 305).

 

17 and 18 Southern and Eastern Scalefish and Shark Fishery (SESSF)

The SESSF incorporates the management of the previously individually managed East Coast Deepwater Trawl Fishery (ECDT); the Great Australian Bight Trawl Fishery (GABT); the Gillnet Hook and Trap Fishery (GHT); the Commonwealth South East Trawl Fishery (CSET); and the Victorian Coastal Waters Fishery (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 different sectors are managed under a system of SFRs and permits.

At industry's request the total budget for the SESSF continues to be set in terms of the individually managed sectors. As a result the SESSF budget is a combined total of the GABT, GHT and CSET budgets.

17(1) This section defines leviable SESSF boat and quota SFRs

18(1) This section defines leviable SESSF fishing permits.

*         Great Australian Bight Trawl Sector (GABT)

The total levy base for the fishery is $536 328 including a research component of $29 703. A fishing concession holder will pay an amount per quota species as shown in the table below to recover the total amount payable for the GABT.

The table below sets out the levy payable for GABT boat and quota SFRs in force on or after the commencement of the Regulation and before 30 June 2015 as;

 

Item	Management Levy	FRDC Levy	Total Levy
GABT boat SFR	$50 662.50	-	$50 662.50
Bight Redfish quota SFR	-	$0.00529	$0.00529
Deepwater Flathead quota SFR	-	$0.00791	$0.00791
Orange roughy (Albany and Esperance) quota SFR	-	$0.00109	$0.00109

 

Table 10: Comparison of the GABT levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	317 510	522 955	205 445	64.70
Prior year (over)/under recoveries	(61 920)	(16 329)
Amount payable (excludes FRDC)	255 590	506 625	251 035	98.22

There has been a 98.22 per cent ($251 035) increase in the levy amount payable for 2014-15 ($506 625) compared to the levy payable for 2013-14 ($255 590). This increase is due to an increase of $177 311 in the research costs in the fishery associated with the fishery independent survey and the stock assessment for bight redfish.  There was also in increase in indirect management costs with costs for the Commonwealth Fishery Bycatch and Discards Program being 50 per cent ($21 292) funded by industry for the first time.

*         Gillnet Hook and Trap Sector (GHT)

The total levy base for the fishery is $2 424 792 including a research component of $59 910. In addition, a fishing concession holder will pay an amount per quota species as shown in the table below to recover the total amount payable for the GHT.

The table below sets out the levy payable for GHT boat SFRs and permits in force on or after the commencement of the Regulation and before 30 June 2015 as;

 

 

 

Item	Management Levy	FRDC Levy	Total Levy
GHT gillnet boat SFR	$4 020.62	-	$4 020.62
GHT scalefish boat SFR	$1 720.88	-	$1 720.88
GHT shark hook boat SFR	$2 176.84	-	$2 176.84
GHT fishing permit	$1 223.90	-	$1 223.90
GHT trap fishing permit	$1 223.90	-	$1 223.90
GHT autolongline fishing permit	$4 192.44	-	$4 192.44

Table 11: Comparison of the GHT levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	2 260 939	2 367 415	106 476	4.71
Prior year (over)/under recoveries	(181 438)	(2 531)
Amount payable (excludes FRDC)	2 079 501	2 364 884	285 383	13.72

There has been a 13.72 per cent ($285 383) increase in the levy amount payable for 2014-15 ($2 364 884) compared to the levy amount payable for 2013-14 ($2 079 501).  Research costs budgeted in 2014-15 increased by of $67 545 due to a GHT contribution to the fishery independent survey. The cost of the Commonwealth Fishery Bycatch and Discards Program is now being partially recovered from the GHT budget for the first time which accounts for an additional $88 717.     

The fishery management costs have decreased by $54 487 due to reduced staffing allocation and lower consultancy fees. The remaining increase in costs is attributed to a lower underspend ($178 906 less) accrued in the 2014-15 financial year.

Commonwealth South East Trawl Sector (CSET)

The total levy base for the fishery is $3 406 353 including a research component of $132 085. In addition, a fishing concession holder will pay an amount per quota species as shown in the table below to recover the total amount payable for the CSET.

The table below sets out the levy payable for CSET boat SFRs and permits in force on or after the commencement of the Regulation and before 30 June 2015 as;

 

 

 

Item	Management Levy	FRDC Levy	Total Levy
CSET trawl boat SFR	$9 867.05	-	$9 867.05
ECDT trawl fishing permit	$576.84	-	$576.84
VCW trawl fishing permit	$393.30	-	$393.30

 

 

Table 12: Comparison of the CSET levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	2 579 287	3 182 732	603 445	23.40
Prior year (over)/under recoveries	(210 495)	91 536
Amount payable (excludes FRDC)	2 368 792	3 274 268	905 476	38.23

There was a 38.23 per cent ($905 476) increase in the levy amount payable for 2014-15 ($3 274 268) compared to the levy payable for 2013-14 ($2 368 792).

Research costs increased by $588 844 primarily reflecting the costs of the fishery independent survey. The cost of the Commonwealth Fishery Bycatch and Discards Program was partially recovered from the CSET budget for the first time which accounts for an additional $88 717.

A number of quota species are caught in both the GHT and CSET sectors of the SESSF.  The following table sets out the levy payable for SESSF quota SFRs in force on or after the commencement of the Regulation and before 30 June 2015.

 

Item	Management Levy	FRDC Levy	Total Levy
Alfonsino	$0.02586	$0.00131	$0.02717
Blue Eye Trevalla	$0.44092	$0.01459	$0.45551
Blue Grenadier	$0.16736	$0.00867	$0.17603
Blue Warehou	$0.01240	$0.00060	$0.01299
Deepwater Shark (Eastern)	$0.02653	$0.00127	$0.02781
Deepwater Shark (Western)	$0.05640	$0.00284	$0.05924
Elephantfish	$0.45834	$0.00933	$0.46767
Flathead	$0.24060	$0.01248	$0.25308
Gemfish (Eastern)	$0.15075	$0.00675	$0.15750
Gemfish (Western)	$0.06549	$0.00307	$0.06856
Gummy Shark	$0.55000	$0.01795	$0.56795
Jackass Morwong	$0.06655	$0.00343	$0.06997
John Dory	$0.06265	$0.00325	$0.06590
Mirror Dory	$0.10064	$0.00522	$0.10586
Ocean Perch	$0.10120	$0.00458	$0.10578
Orange Roughy (Cascade Plateau)	$0.00059	$0.00003	$0.00062
Orange Roughy (Eastern)	$0.00085	$0.00004	$0.00089
Orange Roughy (Southern)	$0.00099	$0.00005	$0.00104
Orange Roughy (Western)	$0.00889	$0.00046	$0.00934
Oreo	$0.02899	$0.00150	$0.03049
Pink Ling	$0.46791	$0.01547	$0.48338
Redfish	$0.03204	$0.00166	$0.03370
Ribaldo	$0.07242	$0.00190	$0.07432
Royal Red Prawn	$0.07093	$0.00368	$0.07461
Saw Shark	$0.08601	$0.00221	$0.08821
School Shark	$0.50473	$0.01596	$0.52069
School Whiting	$0.04981	$0.00259	$0.05240
Silver Trevally	$0.06098	$0.00316	$0.06414
Silver Warehou	$0.20211	$0.01049	$0.21260
Smooth Oreo (Cascade Plateau)	$0.00015	$0.00001	$0.00016
Smooth Oreo (Other)	$0.00068	$0.00004	$0.00072

 

 

 

 

 

19 Southern Bluefin Tuna Fishery (SBT)

19(1) This section defines a leviable SBT quota SFR.

19(2) This section sets the levy payable for a SBT quota SFR in force on or after the commencement of this regulation and before 30 June 2015.

The amount of levy in respect of a leviable SBT quota SFR is $0.2140; including a FRDC component of $0.0185.

Table 13: Comparison of the SBT levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	1 487 634	1 030 872	-456 762	-30.70
Prior year (over)/under recoveries	(237 930)	10 156
Amount payable (excludes FRDC)	1 249 704	1 041 027	-208 677	-16.70

There has been a 16.70 per cent ($208 677) decrease in the levy amount payable for 2014-15 ($1 041 027) compared to the levy amount payable for 2013-14 ($1 249 704).

Due to a decision taken by the Australian Government at the annual Commission for the Conservation of Southern Bluefin Tuna (CCSBT) meeting to cancel the Southern Bluefin Tuna Aerial Survey for 2015, the sum of $220 494 has been removed from the SBT levy base for the 2014-15 season. Industry have been informed that in the event that CCSBT agrees to commit extra funds to the project and it is undertaken in 2015 any industry costs will be added to the SBT levy base in the following year.

 

To calculate the levy payable for each SBT quota SFR the research component ($98 554) is added to the total management levy to be collected ($1 041 027). The total ($1 139 581) is then divided by the number of commercial SBT quota SFRs in the fishery (5 324 422).

 

20 Southern Squid Jig Fishery (SSJF)

20(1) This section defines a leviable SSJF gear SFR.

20(2) This section sets the levy payable for each SSJF gear SFR in force on or after the commencement of this regulation and before 30 June 2015.

The amount of levy in respect to a leviable SSJF gear SFR is $3.60; including a FRDC component of $0.65.

 

Table 14: Comparison of the SSJF levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	133 782	80 649	53 133	-39.72
Prior year (over)/under recoveries	(25 609)	(65 586)
Amount payable (excludes FRDC)	108 173	15 063	- 93 110	- 86.08

There has been an 86.08 per cent ($93 110) decrease in the levy payable for 2014-15 ($15 063) compared to the levy payable for 2013-14 ($108 173). There has been a decrease in budget for 2014-15 and there was a considerable underspend for the SSJF during 2013-14 ($65 586). This underspend has been deducted from levies payable in 2014-15 and was due to lower than budgeted staffing levels.  

To calculate the levy payable for each SSJF gear SFR, the research component ($3 310) is added to the total management levy to be collected ($15 063) and then divided by the number of commercial SSJF gear SFRs in the fishery (5 100).

 

21 Western Deepwater Trawl Fishery (WDTF)

21(1) This section defines a leviable WDWTF fishing permit.

21(2) This section sets the levy payable for a WDTF fishing permit in force on or after the commencement of this regulation and before 30 June 2015.

The amount of levy in respect to a leviable WDTF fishing permit is $8 180.55; including a FRDC component of $6.18.

Table 15: Comparison of the WDTF levy base between 2013-14 and 2014-15.

 

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	92 690	102 029	9 339	10.08
Prior year (over)/under recoveries	(42 459)	(12 111)
Amount payable (excludes FRDC)	50 231	89 918	39 687	79.01

There has been a 79.01 per cent ($39 687) increase in the levy payable for 2014-15 ($89 918) compared to the levy amount payable for 2013-14 ($50 231). The increase in the levy payable is attributable to the increase in the 2014-15 cost recovered budget ($9 339) due primarily to the addition of the Commonwealth Fishery Bycatch and Discards Program ($7 097) to the cost recovered budget, an increase in expected data management costs in 2014-15 and a significantly lower levy refund from 2013-14.

To calculate the levy payable for each WDTF fishing permit, the total FRDC research levy ($67.50) is added to the total management levy to be collected ($89 918) and divided by the number of fishing permits in the fishery (11).

 

22 Western Skipjack Fishery (WSF)

22(1) This section defines a leviable WSF fishing permit.

22(2) This section sets out the levy payable for a WSF fishing permit in force on or after the commencement of this regulation and before 30 June 2015.

The amount of levy in respect to a leviable WSF permit is $1 681.69; there is no research component.

Table 16: Comparison of the Skipjack Fisheries levy base between 2013-14 and 2014-15.

 

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	58 041	58 311	270	0.46
Prior year (over)/under recoveries	(418)	(4 498)
Amount payable (excludes FRDC)	57 623	53 814	-3 809	-6.61

There has been a 6.61 per cent ($3 809) decrease in the levy payable for 2014-15 ($53 814) compared to the levy payable for 2013-14 ($57 623). There has been little fishing activity in either the WSF or ESF in recent years so management costs are mainly associated with Licensing functions and implementing obligations from the Western and Central Pacific Fisheries Commission and the Indian Ocean Tuna Commission.

The WSF is managed under a single budget for both the WSF and ESF. The method used to calculate the levies combines the number of permits from both fisheries and then divides the total levy base by the total number of permits. There are currently 14 permits in the WSF and 18 permits in the ESF. Therefore, to determine the individual levies the levy base of $53 814 has been divided by 32 permits.

 

23 Western Tuna and Billfish Fishery (WTBF)

23(1) This section defines leviable WTBF boat and quota SFRs.

23(2) This section sets the levy payable for a WTBF boat and quota SFRs in force on or after the commencement of this regulation and before 30 June 2015, as:

 

Item	Management Levy	FRDC Levy	Total Levy
Longline Boat SFR	$1 122.87	$109.00	$1 231.87
Bigeye Tuna Quota SFR	$0.0519	-	$0.0519
Broadbill Swordfish Quota SFR	$0.0519	-	$0.0519
Striped Marlin Quota SFR	$0.0519	-	$0.0519
Yellowfin Tuna Quota SFR	$0.0519	-	$0.0519

Table 17: Comparison of the WTBF levy base between 2013-14 and 2014-15.

	2013-14	2014-15	Difference
	$	$	$	%
Cost recovered budget	281 019	294 053	13 034	4.64
Prior year (over)/under recoveries	(2 890)	(29 081)
Amount payable (excludes FRDC)	278 129	264 972	-13 157	-4.73

There has been a 4.73 per cent ($13 157) decrease in the levy amount payable for 2014-15 ($264 972) compared to the levy amount payable for 2013-14 ($278 129). The decrease is due to cost savings in management mainly in salaries, overheads and observer costs.

There is a two tiered system for the payment of levies in the WTBF. Tier 1 represents the fixed costs of managing the fishery and the research component. These costs are divided equally between each boat SFR. Tier 2 represents the costs which are variable depending on the level of fishing effort, such as compliance data collection, logbooks and observers. The different options of dividing the Tier 2 costs among the quota SFRs has been discussed with industry members, however no agreement could be reached. Therefore, without industry consensus, it was considered the most equitable option was to divide the costs equally between each quota SFR.

 

Part 3 - Collection of levy

 

24 Collection and payment of levy

 

This section provides that levy is due and payable as per the Fisheries Management Act 1991 and that the levy may be payable in instalments.

25 When levy is due and payable etc.

 

This section provides that the levy for 2014-15 will be payable in three equal instalments on the dates determined in the instrument.

 

 

ATTACHMENT B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Fishing Levy Regulation 2014

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the

Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The instrument sets the amounts of levy that are payable for Commonwealth fishing concessions and in the timeframes for when those amounts of levy are due and payable, for the 2014-15 financial year.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

 

Senator the Hon. Richard Colbeck

Parliamentary Secretary to the Minister for Agriculture