Fishing Levy (East Coast Tuna Fishery) Regulations (Cth)

Statutory Rules 1995

No. 126 1

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Fishing Levy (East Coast Tuna Fishery) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fishing Levy Act 1991 and the Fisheries Management Act 1991.

Dated 8 June 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

D. BEDDALL

Minister for Resources

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Citation

 1. These Regulations may be cited as the Fishing Levy (East Coast Tuna Fishery) Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

 2. In these Regulations, unless the contrary intention appears:

“area of the East Coast Tuna Fishery” means the area described in Schedule 2;

“fishing permit” includes a fishing permit for fishing in more than one sector of a fishery;

“Levy Act” means the Fishing Levy Act 1991;

“Management Act” means the Fisheries Management Act 1991;

“minor line methods” means any method of commercial line fishing for tuna, other than pelagic longlining, purse seining and poling, in the area of the East Coast Tuna Fishery;

“ML Sector” means commercial fishing activities for tuna by minor line methods in the area of the East Coast Tuna Fishery;

“PL Sector” means commercial fishing activities for tuna by the poling method in the area of the East Coast Tuna Fishery;

“PLL (Sub-area 1) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 1 of Schedule 3;

“PLL (Sub-area 2) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 2 of Schedule 3;

“PLL (Sub-area 4) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 4 of Schedule 3;

“PLL (Sub-area 5) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 5 of Schedule 3;

“PLL (Sub-area 6) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 6 of Schedule 3;

“PLL (Sub-area 7) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 7 of Schedule 3;

“PLL (Sub-areas 8A and 8B) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the areas described in Part 8 of Schedule 3;

“PLL (Sub-area 9) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 9 of Schedule 3;

“PS (Sub-area 3) Sector” means commercial fishing activities for tuna by the purse seining method in the area described in Part 3 of Schedule 3;

“PS (Sub-area 4) Sector” means commercial fishing activities for tuna by the purse seining method in the area described in Part 4 of Schedule 3;

“PS (Sub-area 6) Sector” means commercial fishing activities for tuna by the purse seining method in the area described in Part 6 of Schedule 3;

“PS (Sub-area 7) Sector” means commercial fishing activities for tuna by the purse seining method in the area described in Part 7 of Schedule 3;

“PS (Sub-areas 8A and 8B) Sector” means commercial fishing activities for tuna by the purse seining method in the areas described in Part 8 of Schedule 3;

“sector of the fishery” means the ML Sector, the PL Sector, the PLL (Sub-area 1) Sector, the PLL (Sub-area 2) Sector, the PLL (Sub-area 4) Sector, the PLL (Sub-area 5) Sector, the PLL (Sub-area 6) Sector, the PLL (Sub-area 7) Sector, the PLL (Sub-areas 8A and 8B) Sector, the PLL (Sub-area 9) Sector, the PS (Sub-area 3) Sector, the PS (Sub-area 4) Sector, the PS (Sub-area 6) Sector, the PS (Sub-area 7) Sector or the PS (Sub areas 8A and 8B) Sector;

“tuna” means fish:

• (a)

  of the family Scombridae, commonly known as tuna and tuna-like fish, other than fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger, commonly known as mackerels; and

• (b)

  of the families Istiophoridae and Xiphiidae, commonly known as billfish; and

• (c)

  of the family Bramidae, commonly known as pomfrets or rays bream.

Amount of levy

 3.(1)Subject to subregulation (2), for the purposes of section 6 of the Levy Act, the amount of levy prescribed for a fishing permit granted in the period that commenced on 1 July 1994 and ends on 30 June 1995, for a sector specified in Column 2 of an item in Schedule 1, is the amount specified in Column 3 of the item.

[NOTE:

 Under the Primary Industries and Energy Research and Development Act 1989, a part (the “research component”) of the levies imposed by the Fishing Levy Act 1991 is to be paid to the Fisheries Research and Development Corporation for research and development activities relating to the fishing industry: see Note to Schedule 1.]

 (2)If a fishing permit authorises the use of a boat for fishing in more than one sector of the fishery, the amount of levy prescribed for the fishing permit is the highest of the amounts specified in Column 3 in Schedule 1 in the items relating to those sectors.

When is levy due and payable?

 4.(1)For the purposes of section 110 of the Management Act, levy is due and payable in respect of a fishing permit, except by a previous levy payer:

• (a)

  if the permit is granted before the commencement of these Regulations—on or before 30 June 1995; and

• (b)

  if the permit is granted after the commencement of these Regulations—not more than 21 days after the grant of the permit.

 (2) For the purposes of subregulation (1), a “previous levy payer” is the holder of a fishing permit who has paid the amount of levy specified in:

• (a)

  regulation 4 of the Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations for endorsement of a fishing licence under the Fisheries Act 1952 that occurred in the period that commenced on 1 July 1994 and ended on 2 February 1995; or

• (b)

  regulation 5 of the Fisheries Levy (East Coast Tuna Longline Fishery) Regulations for endorsement of a fishing licence under the Fisheries Act 1952 that occurred in the period that commenced on 1 July 1994 and ended on 2 February 1995; or

• (c)

  regulation 4 of the Fisheries Levy Regulations for the grant or renewal of a licence under the Fisheries Act 1952 that occurred in the period that commenced on 1 July 1994 and ends on 30 June 1995; or

• (d)

  regulation 3 of the Fishing Levy Regulations for the grant of a fishing permit under the Fisheries Management Act 1991 that occurred in the period that commenced on 1 July 1994 and ends on 30 June 1995.

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SCHEDULE 1

Regulation 3 

Column 1 Item	Column 2 Sector	Column 3 Levy
$
1	ML Sector	428
2	PL Sector	428
3	PLL (Sub-area 1) Sector	2000
4	PLL (Sub-area 2) Sector	1765
5	PLL (Sub-area 4) Sector	935
6	PLL (Sub-area 5) Sector	Nil
7	PLL (Sub-area 6) Sector	428
8	PLL (Sub-area 7) Sector	900
9	PLL (Sub-areas 8A and 8B) Sector	900
10	PLL (Sub-area 9) Sector	Nil
11	PS (Sub-area 3) Sector	2546
12	PS (Sub-area 4) Sector	1546
13	PS (Sub-area 6) Sector	1946
14	PS (Sub-area 7) Sector	1346
15	PS (Sub-areas 8A and 8B) Sector	Nil

[NOTE:

 The following amounts are the amounts of levy proposed to be paid to the Fisheries Research and Development Corporation for research and development activities under the Primary Industries and Energy Research and Development Act 1989 as the fishery’s contribution to the research component of levy paid:

(a)

PLL (Sub-area 1) Sector—$95;

(b)

PLL (Sub-area 2) Sector—$95;

(c)

PLL (Sub-area 4) Sector—$95;

(d)

PLL (Sub-area 7) Sector—$95;

(e)

PLL (Sub-areas 8A and 8B) Sector—$95;

(f)

PS (Sub-area 3) Sector—$328;

(g)

PS (Sub-area 4) Sector—$328;

(h)

PS (Sub-area 6) Sector—$328;

(j)

PS (Sub-area 7) Sector—$328.]

SCHEDULE 2 Regulation 2 

AREA OF THE EAST COAST TUNA FISHERY

That part of the Australian fishing zone that is within the area bounded by a line:

(a) commencing at the intersection of the parallel of Latitude 37° 30¢ 24≤ South by the coastline of the mainland at low water, in the vicinity of the border between the States of New South Wales and Victoria;

(b) then running generally southerly along that coastline at low water to its intersection with the meridian of Longitude 146° 00¢ East, in the vicinity of Cape Lintrap;

(c) then south along that meridian to its intersection with the northern coastline of Tasmania at low water mark, in the vicinity of Emu Bay;

(d) then generally easterly, southerly and westerly along the eastern coastline to its intersection with the meridian of Longitude 146° 00¢ East, in the vicinity of South West Cape;

(e) then south along that meridian to its intersection with the outer limit of the Australian fishing zone;

(f) then generally northerly along that outer limit to its intersection with the meridian of Longitude 144° 28¢ East;

(g) then south along that meridian to its intersection with the parallel of Latitude 9° 54¢ South;

(h) then south-westerly along the geodesic to the point of Latitude 10° 15¢ South, Longitude 144° 12¢ East;

(i) then southerly along the geodesic to the point of Latitude 10° 28¢ South, Longitude 144° 10¢ East;

(j) then west along that parallel to its intersection with the meridian of Longitude 142° 31¢ 49≤ East;

(k) then south along that meridian to its intersection of the northern coastline of the mainland at low water, in the vicinity of Cape York;

(l) then generally southerly along that coastline at low water to the point of commencement.

SCHEDULE 3 Regulation 2 

SUB-AREAS OF THE EAST COAST TUNA FISHERY

PART 1—SUB-AREA 1:  HISTORICAL (PELAGIC LONGLINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a) commencing at the intersection of the parallel of Latitude 37° 30¢ 24≤ South with the coastline of the mainland at low water, in the vicinity of the border between the States of New South Wales and Victoria;

(b) then running from there south-easterly along the geodesic to the intersection with the outer limit of the Australian fishing zone;

(c) then generally northerly along that outer limit to its intersection with the meridian of Longitude 144° 28¢ East;

(d) then south along that meridian to its intersection with the parallel of Latitude 9° 54¢ South;

(e) then south-westerly along the geodesic to the point of Latitude 10° 15¢ South, Longitude 144° 12¢ East;

(f) then southerly along the geodesic to the point of Latitude 10° 28¢ South, Longitude 144° 10¢ East;

(g) then west along that parallel to its intersection with the meridian of Longitude 142° 31¢ 49≤ East;

(h) then south along that meridian to its intersection of the northern coastline of the mainland at low water, in the vicinity of Cape York;

(i) then south-easterly along that coastline to the intersection of the parallel of Latitude 12° 00¢ South with the coastline of the mainland at low water in the vicinity of Shelburn Bay;

(j) then east along that parallel to its intersection with the meridian of Longitude 145° 00¢ East;

(k) then south-easterly along the geodesic to the point of Latitude 14° 00¢ South, Longitude 147° 00¢ East;

(l) then south-easterly along the geodesic to the point of Latitude 17° 00¢ South, Longitude 149° 00¢ East;

(m) then south along the meridian of Longitude 149° 00¢ East to its intersection with the parallel of Latitude 18° 00¢ South;

(n) then east along the parallel of Latitude 18° 00¢ South to its intersection with the meridian of Longitude 152° 00¢ East;

(o) then south along the meridian of Longitude 152° 00¢ East to its intersection with the parallel of Latitude 20° 28¢ 49≤ South;

(p) then west along that parallel to its intersection of the eastern coastline of the mainland at low water, in the vicinity of Proserpine;

(q) then generally southerly along that coastline at low water to the point of commencement.

PART 2—SUB-AREA 2:  NORTHERN INSHORE (PELAGIC

 LONGLINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a) commencing at the intersection of the eastern coastline of the mainland at low water mark, in the vicinity of Barrenjoey Point, with the parallel of Latitude 33° 35¢ South;

(b) then running from there east along that parallel to its intersection with the 50 nautical mile line;

(c) then generally southerly along that 50 nautical mile line to its intersection with the parallel of Latitude 37° 53¢ South;

(d) then south-easterly along the geodesic to the intersection with the outer limit of the Australian fishing zone;

(e) then generally northerly along that outer limit to its intersection with the meridian of Longitude 144° 28¢ East;

(f) then south along that meridian to its intersection with the parallel of Latitude 9° 54¢ South;

(g) then south-westerly along the geodesic to the point of Latitude 10° 15¢ South, Longitude 144° 12¢ East;

(h) then southerly along the geodesic to the point of Latitude 10° 28¢ South, Longitude 144° 10¢ East;

(i) then west along that parallel to its intersection with the meridian of Longitude 14°  31¢ 49≤ East;

(j) then south along that meridian to its intersection of the northern coastline of the mainland at low water, in the vicinity of Cape York;

(k) then south-easterly along that coastline to the intersection of the parallel of Latitude 12° 00¢ South with the coastline of the mainland at low water, in the vicinity of Shelburn Bay;

(l) then east along that parallel to its intersection with the meridian of Longitude 145° 00¢ East;

(m) then south-easterly along the geodesic to the point of Latitude 14° 00¢ South, Longitude 147° 00¢ East;

(n) then south-easterly along the geodesic to the point of Latitude 17° 00¢ South, Longitude 149° 00¢ East;

(o) then south along the meridian of Longitude 149° 00¢ East to its intersection with the parallel of Latitude 18° 00¢ South;

(p) then east along the parallel of Latitude 18° 00¢ South to its intersection with the meridian of Longitude 152° 00¢ East;

(q) then south along the meridian of Longitude 152° 00¢ East to its intersection with the parallel of Latitude 20° 28¢ 49≤ South;

(r) then west along that parallel to its intersection of the eastern coastline of the mainland at low water, in the vicinity of Proserpine;

(s) then generally southerly along that coastline at low water to the point of commencement.

PART 3—SUB-AREA 3:  NORTHERN INSHORE (PURSE

 SEINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a) commencing at the point of Latitude 10° 28¢ South, Longitude 144° 10¢ East;

(b) then running south along the meridian of Longitude 144° 10¢ East to its intersection with the parallel of Latitude 10° 41¢ 14≤ South;

(c) then easterly along the geodesic to the point of Latitude 10° 41¢ South, Longitude 145° 00¢ East;

(d) then south along the meridian of Longitude 145° 00¢ East to its intersection with the parallel of Latitude 12° 00¢ South;

(e) then south-easterly along the geodesic to the point of Latitude 14° 00¢ South, Longitude 147° 00¢ East;

(f) then south-easterly along the geodesic to the point of Latitude 17° 00¢ South, Longitude 149° 00¢ East;

(g) then south along the meridian of Longitude 149° 00¢ East to its intersection with the parallel of Latitude 18° 00¢ South;

(h) then east along the parallel of Latitude 18° 00¢ South to its intersection with the meridian of Longitude 152° 00¢ East;

(i) then south along the meridian of Longitude 152° 00¢ East to its intersection with the parallel of Latitude 20° 28¢ 49≤ South;

(j) then south-easterly along the geodesic to the point of Latitude 21° 00¢ South, Longitude 152° 55¢ East;

(k) then south-easterly along the geodesic to the point of Latitude 24° 30¢ South, Longitude 154° 00¢ East;

(l) then east along the parallel of Latitude 24° 30¢ South to the intersection with the 50 nautical mile line;

(m) then west along that parallel to its intersection of the eastern coastline of the mainland at low water, in the vicinity of Baffle Creek;

(n) then generally southerly along that coastline at low water to its intersection with the parallel of Latitude 37° 30¢ 24≤ South, in the vicinity of the border between the States of New South Wales and Victoria;

(o) then south-easterly along the geodesic to the intersection with the outer limit of the Australian fishing zone;

(p) then generally northerly along that outer limit to its intersection with the meridian of Longitude 144° 28¢ East;

(q) then south along that meridian to its intersection with the parallel of Latitude 9° 54¢ South;

(r) then south-westerly along the geodesic to the point of Latitude 10° 15¢ South, Longitude 144° 12¢ East;

(s) then southerly along the geodesic to the point of commencement.

PART 4—SUB-AREA 4:  NORTHERN OFFSHORE (PELAGIC

LONGLINE AND PURSE SEINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a) commencing at the point of Latitude 10° 28¢ South, Longitude 144° 10¢ East;

(b) then running from there south along the meridian of Longitude 144° 10¢ East to its intersection with the parallel of Latitude 10° 41¢ 14≤ South;

(c) then easterly along the geodesic to the point of Latitude 10° 41¢ South, Longitude 145° 00¢ East;

(d) then south along the meridian of Longitude 145° 00¢ East to its intersection with the parallel of Latitude 12° 00¢ South;

(e) then south-easterly along the geodesic to the point of Latitude 14° 00¢ South, Longitude 147° 00¢ East;

(f) then south-easterly along the geodesic to the point of Latitude 17° 00¢ South, Longitude 149° 00¢ East;

(g) then south along the meridian of Longitude 149° 00¢ East to its intersection with the parallel of Latitude 18° 00¢ South;

(h) then east along the parallel of Latitude 18° 00¢ South to its intersection with the meridian of Longitude 152° 00¢ East;

(i) then south along the meridian of Longitude 152° 00¢ East to its intersection with the parallel of Latitude 20° 28¢ 49≤ South;

(j) then south-easterly along the geodesic to the point of Latitude 21° 00¢ South, Longitude 152° 55¢ East;

(k) then south-easterly along the geodesic to the point of Latitude 24°  30¢ South, Longitude 154° 00¢ East;

(l) then east along the parallel of Latitude 24° 30¢ South to the intersection with the 50 nautical mile line;

(m) then generally southerly along that 50 nautical mile line to its intersection with the parallel of Latitude 37° 53¢ South;

(n) then south-easterly along the geodesic to the intersection with the outer limit of the Australian fishing zone;

(o) then generally northerly along that outer limit to its intersection with the meridian of Longitude 144° 28¢ East;

(p) then south along that meridian to its intersection with the parallel of Latitude 9° 54¢ South;

(q) then south-westerly along the geodesic to the point of Latitude 10° 15¢ South, Longitude 144° 12¢ East;

(r) then southerly along the geodesic to the point of commencement.

PART 5—SUB-AREA 5:  CENTRAL OFFSHORE (PELAGIC

 LONGLINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a) commencing at the intersection of the 50 nautical mile line with the parallel of Latitude 34° 00¢ South;

(b) then running from there east along that parallel to its intersection with the outer limit of the Australian fishing zone;

(c) then generally southerly along that outer limit to its intersection with the parallel of Latitude 38° 58¢ South;

(d) then north-westerly along the geodesic to the point of intersection of the parallel of Latitude 37° 53¢ South with the 50 nautical mile line;

(e) then generally northerly along that 50 nautical mile line to the point of commencement.

PART 6—SUB-AREA 6:  SOUTHERN INSHORE (PELAGIC

LONGLINE AND PURSE SEINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a) commencing at the intersection of the eastern coastline of Australia at low water mark, in the vicinity of Cape Howe, with the parallel of Latitude 37° 30¢ 24≤ South;

(b) then running from there generally south easterly along the geodesic to the outer limit of the Australian fishing zone;

(c) then generally south-westerly along that outer limit to its intersection with the meridian of Longitude 146° 00¢ East;

(d) then north along that meridian to its intersection with the southern coastline of Tasmania at low water mark, in the vicinity of South West Cape;

(e) then generally easterly, northerly and westerly along the eastern coastline to its intersection with the meridian of Longitude 146° 00¢ East, in the vicinity of Emu Bay;

(f) then north along that meridian to its intersection with the coastline of the mainland at the low water mark, in the vicinity of Cape Lintrap;

(g) then generally north-easterly along that coastline at low water to the point of commencement.

PART 7—SUB-AREA 7:  SOUTHERN INSHORE SOUTH

(PELAGIC LONGLINE AND PURSE SEINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a) commencing at the point of Latitude 37° 53¢ South, Longitude 151° 00¢ East;

(b) then running from there generally south-easterly along the geodesic to the outer limit of the Australian fishing zone;

(c) then generally south-westerly along that outer limit to its intersection with the meridian of Longitude 146° 00¢ East;

(d) then north along that meridian to its intersection with the southern coastline of Tasmania, at low water mark, in the vicinity of South West Cape;

(e) then generally easterly, northerly and westerly along the eastern coastline to its intersection with the meridian of Longitude 146° 00¢ East, in the vicinity of Emu Bay;

(f) then north along that meridian to its intersection with the parallel of Latitude 40° 00¢ South;

(g) then east along that parallel to its intersection with the meridian of Longitude 146° 00¢ East;

(h) then north along that meridian to the point of commencement.

PART 8—SUB-AREAS 8A AND 8B:  SOUTHERN OFFSHORE

(PELAGIC LONGLINE AND PURSE SEINE)

Area 8A:

That part of the Australian fishing zone that is within the area bounded by a line:

(a) commencing at the intersection of the outer limit of the Australian fishing zone with the parallel of Latitude 38° 58¢ South;

(b) then running generally south-westerly along that outer limit to its intersection with the meridian of Longitude 146° 00¢ East;

(c) then north along that meridian to its intersection with the 12 nautical mile line;

(d) then generally easterly and northerly along the 12 nautical mile line to its intersection with the parallel of Latitude 40° 00¢ South;

(e) then east along that parallel to its intersection with the meridian of Longitude 151° 00¢ East;

(f) then north along that meridian to its intersection with the parallel of Latitude 37° 53¢ South;

(g) then south-easterly along the geodesic to the point of commencement.

Area 8B:

That part of the Australian fishing zone that is within the area bounded by a line:

(h) commencing at the point of Latitude 40° 00¢ South, Longitude 146° 00¢ East;

(i) then running from there east along that parallel to its intersection with the 12 nautical mile line, west of Flinders Island;

(j) then generally southerly and westerly along the 12 nautical mile line to its intersection with the meridian of Longitude 146° 00¢ East;

(k) then north along that meridian to the point of commencement.

PART 9—SUB-AREA 9:  CAIRNS/TOWNSVILLE RESTRICTED

(PELAGIC LONGLINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a) commencing at the intersection of the parallel of Latitude 12° 00¢ South with the coastline of the mainland at low water, in the vicinity of Shelburn Bay;

(b) then running from there east along that parallel to its intersection with the meridian of Longitude 145° 00¢ East;

(c) then southerly along the geodesic to the point of Latitude 14° 00¢ South, Longitude 147° 00¢ East;

(d) then southerly along the geodesic to the point of Latitude 17° 00¢ South, Longitude 149° 00¢ East;

(e) then south along the meridian of Longitude 149° 00¢ East to its intersection with the parallel of Latitude 18° 00¢ South;

(f) then east along that parallel to its intersection with the meridian of Longitude 152° 00¢ East;

(g) then south along that meridian to its intersection with the parallel of Latitude 20° 28¢ 49≤ South;

(h) then west along that parallel to its intersection with the eastern shore of Australia;

(i) then generally northerly along that shore to the point of commencement.

____________________________________________________________

NOTE

1. Notified in the Commonwealth of Australia Gazette