FISHING LEVY REGULATION 2016 (F2016L01803) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY REGULATION 2016 (F2016L01803)

EXPLANATORY STATEMENT

 

 

Issued by Authority of the Parliamentary Secretary to the Minister for Agriculture and
Water Resources

 

Fishing Levy Act 1991

 

Fisheries Management Act 1991

 

Fishing Levy Regulation 2016

 

Legislative Authority

 

Section 8 of the Fishing Levy Act 1991 (Levy Act) provides that the Governor-General may make a regulation 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 regulation.

 

Section 168 of the Fisheries Management Act 1991 (Management Act) provides that the Governor-General may make a regulation 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 prescribed in accordance with the regulation.

 

"Fishing concession" is defined, under the Levy Act and the Management Act, to mean a fishing permit, a statutory fishing right (SFR) or a foreign fishing license. 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.

 

Purpose

 

The Fishing Levy Regulation 2016 (the Regulation):

 

-        repeals the Fishing Levy Regulation 2015 and replaces it with updated provisions;

-        sets the amounts of levy payable on fishing concessions;

-        sets the timeframes for when those amounts of levy are due and payable for the 2016-17 financial year; and

-        sets the levy amounts for the 15 fisheries that are described in regulation 4B of the Fisheries Management Regulations 1992 and in fisheries management plans that have been determined in accordance with section 17 of the Management Act.

 

 

 

 

Background

The Regulation prescribes the amount to be paid by fishing concession holders, which is approximately $13.853 million for the 2016-17 financial year. This amount comprises the cost recovery amount budgeted by the Australian Fisheries Management Authority (AFMA), plus or minus the acquittal from the previous financial year.  AFMA also collects 0.25 per cent of the total Commonwealth fisheries GVP on behalf of the Fisheries Research and Development Corporation. The Regulation also prescribes the amount to be paid in research levies on behalf of the Fisheries Research & Development Corporation, which for 2016-17 is approximately $855 203.

 

AFMA is required to prepare a cost recovery budget to cover the costs of Commonwealth fisheries management from concession holders each financial year.  This includes the costs of developing and implementing management arrangements, data collection and costs of running the management advisory committees.  The 2016-17 budget was calculated to be $14.773 million (excluding the Torres Strait Fishery), which is an increase of 11.91 per cent or $1.572 million on the previous year. Levy amounts for the Torres Strait Fisheries are prescribed in a separate regulation.

 

Following the acquittal of an underspend in the AFMA budget from the 2015-16 financial year, the amount to be recovered from fishing concession holders for the 2016-17 financial year has increased by 11.19 per cent on the previous year to $13.853 million. 

 

The cost recoverable budget for 2016-17 has primarily increased due to a number of significant research projects being scheduled.  In addition, the costs associated with convening Resource Assessment Groups, fisheries management and monitoring have all risen.

 

Although the overall amount to be collected from the Commonwealth fishing industry has increased, the amount to be recovered from each fishery varies due to factors including:

 

-        changes in management and research priorities for each fishery;

-        adjustments for prior year over/under collections; and

-        any changes during the financial year that alter the amount of resources required to administer the fishery.

 

AFMA remains focussed on providing efficient and cost effective fisheries management. AFMA is working closely with the Commonwealth Fisheries Association (CFA) to identify opportunities for future efficiencies.

 

There are seven fisheries and one sector of the Southern and Eastern Scalefish and Shark Fishery where there has been a decrease in levy for the 2016-17 financial year compared with the previous financial year. These are:

 

-        Bass Strait Central Zone Scallop Fishery 12.58 per cent ($41 709)

-        Eastern Skipjack Fishery and Western Skipjack Fishery 38.84 per cent ($28 862)

-        Heard and McDonald Island Fishery 37.42 per cent ($567 164)

-        Southern and Eastern Scalefish and Shark Fishery

o   Great Australian Bight 30.92 per cent ($135 863)

-        Southern Bluefin Tuna Fishery 3.09 per cent ($28 074)

-        Macquarie Island Fishery 34.99 per cent ($113 903)

-        Northern Prawn Fishery 2.30 per cent ($44 571)

 

Note: the Eastern Skipjack Fishery and Western Skipjack Fishery are administered under a single budget.

 

There are seven fisheries and two sectors of the Southern and Eastern Scalefish and Shark Fishery where there has been an increase in levy for the 2016-17 financial year compared with the previous financial year. These are:

 

-        Coral Sea Fishery 33.46 per cent ($33 601)

-        Eastern Tuna and Billfish Fishery 21.64 per cent ($276 891)

-        North West Slope Fishery 20.24 per cent ($15 852)

-        Small Pelagic Fishery 60.66 per cent ($488 542)

-        Southern and Eastern Scalefish and Shark Fishery

o   Gillnet, Hook and Trap 22.40 per cent ($453 342)

o   Commonwealth South East Trawl 40.64 per cent ($948 897)

-        Southern Squid Jig Fishery 80.85 per cent ($64 852)

-        Western Deepwater Trawl Fishery 842.00 per cent ($39 888)

-        Western Tuna and Billfish Fishery 15.68 per cent ($32 798)

 

 

Details of the Regulation, including rates of levy and when the levy is due and payable, are set out in Attachment A.

 

Impact and Effect

 

The impact of the Fishing Levy Regulation 2016 is that it requires fishing concession owners to pay levy to the Commonwealth government.  The amount of levy payable depends on the quantity and types of fishing concessions held which, in turn, reflect the level of activity AFMA needs to undertake to manage the relevant fishery and/or fish stock.   The effect of the regulation is to enable fishing concession owners to utilise their fishing concessions in the relevant Commonwealth fishery.  This occurs because AFMA's cost-recovered activities include the administration of the fishing concessions system, the setting of sustainable catch limits using the best available science, developing and implementing the fishing rules and monitoring fishing activity.

 

Consultation with fishery stakeholders

 

The cost recovered budget for each fishery has been prepared in consultation with either the relevant fishery MACs, established under section 54 of the Fisheries Administration Act 1991, or the relevant consultative body for the fishery. There has also been consultation with the peak industry body, the CFA.

 

AFMA is required to recover the costs of fishery management from the fishing industry.
Cost recovery is in accordance with AFMA's Cost Recovery Impact Statement 2010
(CRIS 2010), which was approved on 30 September 2010. Cost recovery occurs through annual levy regulations and fee for service. The CRIS 2010 is available at: http://www.afma.gov.au/wp-content/uploads/2014/04/AFMA-Cost-Recovery-Impact-Statement-20101.pdf

 

The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required for this Instrument.  This is consistent with the agreement updated on 30 June 2014 not to require an impact statement assessment for routine legislative instruments of a minor or machinery nature which includes specifically annually setting cost recovery levies.

 

The Regulation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

 

The Regulation is a legislative instrument for the purposes of the Legislation Act 2003.

 

 ATTACHMENT A

Details of the Fishing Levy Regulation 2016

Part 1- Preliminary

1 Name

This section provides for the regulation to be cited as the Fishing Levy Regulation 2016
(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 2015 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 provides that Part 2 of the Regulation 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 ending on 30 June 2017.

The amount of levy in respect to a leviable BSCZSF SFR is $0.6685; including a FRDC component of $0.0164.

 

Table 1:  Comparison of the BSCZSF levy base between 2015-16 and 2016-17.

 

 

 

 

 

 

2015-16

2016-17

  Difference

 

 

 

 

 

$

$

$

%

Cost recovered budget

189 640

209 538

19 898

10.50

Prior year (over)/under recoveries

141 917

80 309

 

 

Amount payable (excludes FRDC)

331 557

289 848

-41 709

-12.58

There has been a 12.58 per cent ($41 709) decrease in the levy amount for 2016-17 ($289 848) compared to the levy amount payable for 2015-16 ($331 557). While there has been an increase in the 2016-17 budget compared to 2015-16 as a result of staffing costs and associated overheads, the overall decrease in levy payable is from a large overspend in
2014-15 which had to be recovered during 2015-16.

To calculate the levy payable for each commercial scallop quota SFR the research component ($7 305) is added to the total management levy to be collected ($289 848) 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 ending on 30 June 2017.

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 with respect to a leviable Tier 1 CSF fishing permit levy is $6 854.44; including a FRDC component of $24.56.

The amount of levy with respect to leviable Tier 2 CSF permit is:

*         Hand collection sector (Part 2, 9(2), items 1,2 and 5 of the Fishing Levy Regulation 2016) - $825.13 (6 permits); and

*         Line, Trap and Trawl sectors (part 2, 9(2), items 3 and 4 of the Fishing Levy Regulation 2016) - $1 980.32 (10 permits).

Table 1: Comparison of the CSF levy base between 2015-16 and 2016-17.

 

 

2015-16

 

2016-17

 

    Difference

 

 

$

$

$

%

Cost recovered budget

133 604

155 243

21 639

16.19

Prior year (over)/under recoveries

(33 172)

(21 211)

 

 

Amount payable (excludes FRDC)

100 432

134 032

33 601

33.46

There has been a 33.46 per cent ($33 601) increase in the levy amount payable compared to the levy amount payable for 2015-16 ($100 432). This is primarily the result of an increase in the cost recovered budget from $133 604 in 2015-16 to $155 243 in 2016-17 reflecting the Coral Sea Fishery Stakeholder Panel meeting held in 2016 and associated staff time.

The levy payable for each permit is split into two tiers. Tier 1 ($109 278) is the levy amount paid by all 16 permit holders representing general fisheries costs. Tier 2 represents the observer budget ($24 754) 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 a ESF fishing permit in force on or after the commencement of the Regulation and ending on 30 June 2017.

The amount of levy in respect to a leviable ESF permit is $1 420.34; there is no research component.

Table 16: Comparison of the Skipjack Fisheries levy base between 2015-16 and 2016-17.

 

 

2015-16

2016-17

     Difference

 

$

$

$

%

Cost recovered budget

77 211

78 066

855

1.11

Prior year (over)/under recoveries

(2 898)

(32 615)

 

 

Amount payable (excludes FRDC)

74 313

45 451

-28 862

-38.84

There has been a 38.84 per cent ($28 862) decrease in the levy payable for 2016-17 ($45 451) compared to the levy payable for 2015-16 ($74 313). This decrease to the overall levy amount is mainly due to the previous inclusion of budgeted observer days into the Skipjack Fishery in anticipation of increased effort during 2015-16. These budgeted observer days were not utilised in the 2015-16 season.

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 the Western Skipjack Fishery (WSF) and ESF combined. 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 $45 451 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 the Regulation and ending on 30 June 2017, as:

 

Item

Management Levy

FRDC Levy

Total Levy

Longline Boat SFR

$3 873.48

-

$3 873.48

Minor Line Boat SFR

$1 837.91

-

$1 837.91

Albacore Tuna Quota SFR

$0.0608

$0.0054

 

$0.0662

Bigeye Tuna Quota SFR

$0.1436

$0.0128

$0.1564

Broadbill Swordfish Quota SFR

$0.2114

$0.0188

$0.2302

Striped Marlin Quota SFR

$0.0388

$0.0034

$0.0422

Yellowfin Tuna Quota SFR

$0.4993

$0.0445

$0.5438

 

Table 4: Comparison of the ETBF levy base between 2015-16 and 2016-17.

 

 

2015-16

2016-17

     Difference

 

$

$

$

%

Cost recovered budget

1 577 925

1 490 158

-87 767

-5.56

Prior year (over)/under recoveries

(298 104)

66 554

 

 

Less Observer Fee for Service

-

-

 

 

Amount payable (excludes FRDC)

1 279 821

1 556 712

276 891

21.64

There has been a 21.64 per cent ($276 891) increase in the levy amount payable for 2016-17 ($1 556 712) compared to the levy amount payable for 2015-16 ($1 279 821). This increase to the overall levy amount is mainly due to increased costs associated with logbooks and data management for the fishery.

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 SFR.

12(2) This section sets the levy payable for a HIMIF SFR in force on or after the commencement of the Regulation and ending on 30 June 2017.

The amount of levy in respect to a leviable HIMIF SFR is $18.6749; including a FRDC component of $2.8678.

Table 5: Comparison of the HIMIF levy base between 2015-16 and 2016-17.

 

 

2015-16

2016-17

     Difference

 

$

$

$

%

Cost recovered budget

1 511 223

1 458 815

-52 408

-3.47

Prior year (over)/under recoveries

595 588

(60 388)

 

 

Less Observer Fee for Service

(591 220)

(450 000)

 

 

Amount payable (excludes FRDC)

1 515 591

948 427

-567 164

-37.42

There has been a 37.42 per cent ($567 164) decrease in the levy amount payable for 2016-17 ($948 427) compared to the levy amount payable for 2015-16 ($1 515 591). The decrease is due to an expected decrease in observer costs in 2016-17.

To calculate the levy payable for each SFR, the research component ($172 068) is added to the total management levy ($948 427) to be collected 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 SFR.

13(2) This section sets the levy payable for a MITF SFR in force on or after the commencement of the Regulation and ending on 30 June 2017.

The amount of levy in respect of a leviable MITF SFR is $11.5450; including a FRDC component of $0.9638.

Table 6: Comparison of the MITF levy base between 2015-16 and 2016-17.

 

 

2015-16

2016-17

Difference

 

$

$

$

%

 

Cost recovered budget

341 163

292 337

-48 826

-14.31

 

Prior year (over)/under recoveries

47 840

(17 237)

 

 

 

Less Observer Fee for Service

(63 475)

(63 475)

 

 

 

Amount payable (excludes FRDC)

325 528

211 625

-113 903

-34.99

 

There has been a 34.99 per cent ($113 903) decrease in the levy amount payable for 2016-17 ($211 625) compared to the levy amount payable for 2015-16 ($325 528). The decrease is due to a reduction in research costs for the fishery during 2016-17.

To calculate the levy payable for each SFR, the research component ($19 275) is added to the total management levy ($211 625) to be collected 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 statutory fishing rights (SFRs).

14(2) This section sets the levy payable for a NPF gear SFR that is in force on or after the commencement of the Regulation and ending on 30 June 2017.

The amount of levy in respect to a leviable gear SFR is $61.38; including a FRDC component of $7.79.

Table 7: Comparison of the NPF levy base between 2015-16 and 2016-17.

 

 

2015-16

 

2016-17

 

   Difference

 

$

$

$

%

Cost recovered budget

1 949 794

2 047 819

98 025

5.03

Prior year (over)/under recoveries

(3 898)

(146 494)

 

 

Amount payable (excludes FRDC)

1 945 896

1 901 325

-44 571

-2.30

There has been a 2.30 per cent ($44 571) decrease in the levy amount payable for 2016-17 ($1 901 325) compared with the levy amount payable for 2015-16 ($1 945 896).  This decrease is primarily attributable to consecutive years of refunds.  A refund in 2015-16 ($3 898) was followed by another refund in 2016-17 ($146 494) which resulted from reduced primarily from reduced staffing and meetings costs, funds not being utilised for a bycatch project and a contract error submitted from a service provider.  The cost recoverable budget component of the 2016-17 NPF budget has increased by 5.03 per cent ($98 025) compared to the previous year due primarily to an increase in costs associated with research. 

To calculate the levy payable for each NPF gear SFR, the total FRDC research levy ($276 373) is added to the total management levy to be collected ($1 901 325) 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 the Regulation and ending on 30 June 2017.

The amount of levy in respect to a leviable NWSTF fishing permit is $13 711.86; including a FRDC component of $256.43.

Table 8: Comparison of the NWSTF levy base between 2015-16 and 2016-17.

 

 

2015-16

 

2016-17

 

     Difference

 

$

$

$

%

Cost recovered budget

91 652

113 079

21 427

23.38

Prior year (over)/under recoveries

(13 316)

(18 891)

 

 

Amount payable (excludes FRDC)

78 336

94 188

15 852

20.24

 

There has been a 20.24 per cent ($15 852) increase in the levy amount payable for 2016-17 ($94 188), compared to 2015-16 ($78 336). The cost recoverable budget component of the 2016-17 NWSTF budget has increased by $21 427 (23.38 per cent) compared to the previous year.  This is due to an increase in observer days resulting from more activity in the fishery and an increase in data management costs.

To calculate the levy payable for each NWSTF fishing permit, the total FRDC research levy ($1 795) is added to the total management levy ($94 188) 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 the Regulation and ending on 30 June 2017.

 

The amount of levy in respect to a leviable SPF quota SFR is $0.021352; including the FRDC component of $0.0001564.

Table 9: Comparison of the SPF levy base between 2015-16 and 2016-17.

 

 

2015-16

 

2016-17

 

    Difference

 

$

$

$

%

Cost recovered budget

514 137

1 104 667

590 530

114.86

Prior year (over)/under recoveries

291 292

289 304

 

 

Less fee for service

 

(100 000)

 

 

Amount payable (excludes FRDC)

805 429

1 293 971

488 542

60.66

 

There has been a 60.66 per cent ($488 542) increase in the levy amount payable for 2016-17 ($1 293 971) compared to the levy amount payable for 2015-16 ($805 429). This increase is primarily due to expenses in the 2015-16 year as a result of the increased fishing activity and associated fisheries management and bycatch mitigation costs. These costs are expected to continue and are reflected in the higher cost recovered budget for the 2016-17 year.

To calculate the levy payable for each SPF quota SFR, the total FRDC research levy ($9 550) is added to the total management levy to be collected ($1 293 971) 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 $325 876 including a research component of $22 363.
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 ending on 30 June 2017, as;

 

Item

Management Levy

FRDC Levy

Total Levy

GABT boat SFR

 

$30 351.30

-

 

$30 351.30

Bight redfish quota SFR

-

$0.00421

$0.00421

Deepwater flathead quota SFR

-

$0.00601

$0.00601

Orange roughy (GAB Albany and Esperance zones) quota SFR

-

$0.00056

$0.00056

 

Table 10: Comparison of the GABT levy base between 2015-16 and 2016-17.

 

 

2015-16

 

2016-17

 

    Difference

 

$

$

$

%

Cost recovered budget

386 319

362 049

-24 270

-6.28

Prior year (over)/under recoveries

53 057

(58 536)

 

 

Amount payable (excludes FRDC)

439 376

303 513

-135 863

-30.92

There has been a 30.92 per cent ($135 863) decrease in the levy amount payable for 2016-17 ($303 513) compared to the levy payable for 2015-16 ($439 376). This decrease is primarily because a fishery independent survey planned for 2016-17 has been deferred until 2017- 18.  

*         Gillnet Hook and Trap Sector (GHT)

The total levy base for the fishery is $2 530 443 including a research component of $53 260. 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 ending on 30 June 2017, as;

 

Item

Management Levy

FRDC Levy

Total Levy

GHT gillnet boat SFR

 

$6 612.99

$19.02

 

$6 632.01

GHT scalefish boat SFR

$3 029.57

$8.72

$3 038.29

GHT shark hook boat SFR

$5 429.07

$15.62

$5 444.69

GHT fishing permit

$2 417.42

$6.95

$2 424.37

GHT trap fishing permit

$4 151.65

$11.94

$4 163.59

GHT autolongline fishing permit

$5 535.53

$15.92

$5 551.45

Table 11: Comparison of the GHT levy base between 2015-16 and 2016-17.

 

 

2015-16

 

2016-17

 

          Difference

 

$

$

$

%

Cost recovered budget

2 121 243

2 417 850

296 607

13.98

Prior year (over)/under recoveries

(97 402)

59 333

 

 

Amount payable (excludes FRDC)

2 023 841

2 477 183

453 342

22.40

There has been a 22.40 per cent ($453 342) increase in the levy amount payable for 2016-17 ($2 477 183) compared to the levy amount payable for 2015-16 ($2 023 841). This is mainly due to an increase in electronic monitoring project costs as well as costs of the fishery independent survey undertaken in 2016-17. 

*         Commonwealth South East Trawl Sector (CSET)

The total levy base for the fishery is $3 381 563 including a research component of $97 593. 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 ending on 30 June 2017, as;

 

Item

Management Levy

FRDC Levy

Total Levy

CSET trawl boat SFR

 

$9 476.07

-

 

$9 476.07

ECDT trawl fishing permit

 

$553.99

-

 

$553.99

VCW trawl fishing permit

 

$395.70

-

 

$395.70

 

 

Table 12: Comparison of the CSET levy base between 2015-16 and 2016-17.

 

 

2015-16

2016-17

   

    Difference

 

$

$

$

%

Cost recovered budget

2 476 397

3 402 432

926 035

37.39

Prior year (over)/under recoveries

(141 323)

(118 462)

 

 

Amount payable (excludes FRDC)

2 335 074

3 283 970

948 897

40.64

There was a 40.64 per cent ($948 897) increase in the levy amount payable for 2016-17 ($3 283 970) compared to the levy payable for 2015-16 ($2 335 074).  The increase in the cost recovered budget reflects the fishery independent survey and orange roughy acoustic survey undertaken in 2016-17.

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 ending on 30 June 2017.


 

 

Item

Management Levy

FRDC Levy

Total Levy

Alfonsino

$0.00410

$0.00012

$0.00422

Blue eye trevalla

$0.25737

$0.00726

$0.26463

Blue grenadier

$0.10797

$0.00305

$0.11102

Blue warehou

$0.00540

$0.00015

$0.00555

Deepwater shark (eastern)

$0.02756

$0.00078

$0.02834

Deepwater shark (western)

$0.07280

$0.00205

$0.07485

Elephant fish

$0.21046

$0.00594

$0.21640

Flathead

$0.28892

$0.00815

$0.29707

Gemfish (eastern)

$0.11168

$0.00315

$0.11483

Gemfish (western)

$0.08736

$0.00247

$0.08983

Gummy shark

$0.43443

$0.01226

$0.44669

Jackass morwong

$0.03506

$0.00099

$0.03605

John dory

$0.06244

$0.00176

$0.06420

Mirror dory

$0.08077

$0.00228

$0.08305

Ocean perch

$0.10341

$0.00292

$0.10633

Orange roughy (Cascade Plateau)

$0.00011

$0.00000

$0.00011

Orange roughy (eastern)

$0.05532

$0.00156

$0.05688

Orange roughy (southern)

$0.00790

$0.00022

$0.00812

Orange roughy (western)

$0.00866

$0.00024

$0.00890

Oreodory (other)

$0.03155

$0.00089

$0.03244

Pink ling

$0.56491

$0.01594

$0.58085

Redfish

$0.02969

$0.00084

$0.03053

Ribaldo

$0.10865

$0.00307

$0.11172

Royal red prawn

 $0.07010

 $0.00198

 $0.07208

Saw shark

 $0.13178

 $0.00372

 $0.13550

School shark

 $0.38242

 $0.01079

 $0.39321

School whiting

 $0.08382

 $0.00237

 $0.08619

Silver trevally

 $0.04639

 $0.00131

 $0.04770

Silver warehou

 $0.11172

 $0.00315

 $0.11487

Smooth Oreodory (Cascade Plateau)

$0

 $0

 $0

Smooth Oreodory

 $0.00721

 $0.00020

 $0.00741

 

19 Southern Bluefin Tuna Fishery (SBT)

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

19(2) This section sets the levy payable for a SBT SFR in force on or after the commencement of the Regulation and ending on 30 June 2017.

The amount of levy in respect of a leviable SBT SFR is $0.1834; including a FRDC research component of $0.0179.

Table 13: Comparison of the SBT levy base between 2015-16 and 2016-17.

 

 

2015-16

 

2016-17

 

  Difference

 

$

$

$

%

Cost recovered budget

1 231 904

970 519

-261 385

-21.22

Prior year (over)/under recoveries

(97 542)

(89 264)

 

 

Adjustments

(225 034)

0

 

 

Amount payable (excludes FRDC)

909 328

881 254

-28 074

-3.09

There has been a 3.09 per cent ($28 074) decrease in the levy amount payable for 2016-17 ($881,254) compared to the levy amount payable for 2015-16 ($909 328). The reduction is primarily due to small decreases in data management, licensing and quota management costs.

 

To calculate the levy payable for each SBT quota SFR the FRDC research component ($95 218) is added to the total management levy to be collected ($881 254). The total ($976 472) 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 the Regulation and ending on 30 June 2017.

The amount of levy in respect to a leviable SSJF gear SFR is $29.216; including a FRDC component of $0.204.

 

Table 14: Comparison of the SSJF levy base between 2015-16 and 2016-17.

 

 

2015-16

 

2016-17

 

     Difference

 

$

$

$

%

Cost recovered budget

91 835

171 028

79 193

86.23

Prior year (over)/under recoveries

(11 627)

(25 968)

 

 

Amount payable (excludes FRDC)

80 208

145 060

64 852

  80.85

There has been an 80.85 per cent ($64 852) increase in the levy payable for 2016-17 ($145 060) compared to the levy payable for 2015-16 ($80 208). This increase is due to research being undertaken during 2016-17 to improve the fleet's ability to catch squid.

To calculate the levy payable for each SSJF gear SFR, the research component ($1 020) is added to the total management levy to be collected ($145 060) and then divided by the number of commercial SSJF gear SFRs in the fishery (5000).

 

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 the Regulation and ending on 30 June 2017.

The amount of levy in respect to a leviable WDTF fishing permit is $4 062.46; including a FRDC component of $5.46.

Table 15: Comparison of the WDTF levy base between 2015-16 and 2016-17.

 

 

2015-16

2016-17

Difference

 

$

$

$

%

Cost recovered budget

90 007

105 156

15 149

16.83

Prior year (over)/under recoveries

(85 268)

(60 529)

 

 

Amount payable (excludes FRDC)

4 739

44 627

39 888

841.70

There has been a $39 888 increase in the levy payable for 2016-17 ($44 627) compared to 2015-16 ($4 739). This increase is attributable to consecutive over collection of levies in 2014-15 and 2015-16 primarily resulting from a budgeted staff position that was not filled. The cost recoverable budget component of the 2016-17 WDTF budget has increased by 16.83 per cent ($15 149) compared to the previous year primarily due to increased data management costs associated with amendments made to the fishery boundary. 

To calculate the levy payable for each WDTF fishing permit, the total FRDC research levy ($60) is added to the total management levy to be collected ($44 627) 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 the Regulation and ending on 30 June 2017.

The amount of levy in respect to a leviable WSF permit is $1 420.34; there is no research component.

Table 16: Comparison of the Skipjack Fisheries levy base between 2015-16 and 2016-17.

 

 

2015-16

2016-17

     Difference

 

$

$

$

%

Cost recovered budget

77 211

78 066

855

1.11

Prior year (over)/under recoveries

(2 898)

(32 615)

 

 

Amount payable (excludes FRDC)

74 313

45 451

28 862

38.84

There has been a 38.84 per cent ($28 862) decrease in the levy payable for 2016-17 ($45 451) compared to the levy payable for 2015-16 ($74 313). This decrease to the overall levy amount is mainly due to the inclusion of budgeted observer days into the Skipjack Fishery in anticipation of increased effort in 2015-16. These budgeted observer days were not utilised in the 2015-16 season.

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 the WSF and Eastern Skipjack Fishery (ESF) combined. 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 $45 451 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 the Regulation and ending on 30 June 2017, as:

 

Item

Management Levy

FRDC Levy

Total Levy

Longline Boat SFR

$1 024.86

$80.69

$1 105.55

Bigeye Tuna Quota SFR

$0.0478

-

$0.0478

Broadbill Swordfish Quota SFR

$0.0478

-

$0.0478

Striped Marlin Quota SFR

$0.0478

-

$0.0478

Yellowfin Tuna Quota SFR

$0.0478

-

$0.0478

Table 17: Comparison of the WTBF levy base between 2015-16 and 2016-17.

 

 

2015-16

 

2016-17

 

     Difference

 

$

$

$

%

Cost recovered budget

243 013

264 594

21 581

8.88

Prior year (over)/under recoveries

(33 806)

(22 590)

 

 

Amount payable (excludes FRDC)

209 206

242 004

32 798

15.68

There has been a 15.68 per cent ($32 798) increase in the levy amount payable for 2016-17 ($242 004) compared to the levy amount payable for 2015-16 ($209 206). This increase to the overall levy amount is mainly due to an increase in electronic monitoring costs for the fishery.

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 2016-17 will be payable in approximately 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 2016

 

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 2016-17 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. Anne Ruston

Assistant Minister for Agriculture and Water Resources

 

 

 

 

 

 

 

 

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