Fishing Levy (Western Tuna and Billfish Fishery and Southern Tuna Fishery) Regulations (Cth)

Statutory Rules 1995

No. 361 1

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Fishing Levy (Western Tuna and Billfish Fishery and Southern 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 29 November 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 (Western Tuna and Billfish Fishery and Southern Tuna Fishery) Regulations.

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

Interpretation

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

“area of the Southern Tuna Fishery” means the area described in Schedule 1;

“area of the Western Tuna and Billfish Fishery” means the area described in Schedule 2;

“Levy Act” means the Fishing Levy Act 1991;

“Management Act” means the Fisheries Management Act 1991;

“ML Sector”, “PLL (Sub-area 7) Sector”, “PLL (Sub-areas 8A and 8B) Sector”, “PS (Sub-area 6) Sector”, “PS (Sub-area 7) Sector” and “PS (Sub-areas 8A and 8B) Sector”, in relation to the East Coast Tuna Fishery, have the same meanings as in the Fishing Levy (East Coast Tuna Fishery) Regulations;

“Southern Tuna Fishery” means commercial fishing activities for tuna in the area of the Southern Tuna Fishery;

“sub-area 6”, “sub-area 7”, “sub-area 8A” and “sub-area 8B”, in relation to the East Coast Tuna Fishery, respectively mean the areas so described in Part 6, Part 7 and Part 8 of Schedule 3 to the Fishing Levy (East Coast Tuna Fishery) Regulations;

“tuna” means fish:

• (a)

  of the family Scombridae, commonly known as tuna and tuna-like fish, except:

  • (i)

    fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger, commonly known as mackerels; and

  • (ii)

    Southern Bluefin Tuna (Thunnus maccoyii (Castelnau)) and Northern Bluefin Tuna (Thunnus thynnus); and

• (b)

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

• (c)

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

“Western Tuna and Billfish Fishery” means commercial fishing activities for tuna in the area of the Western Tuna and Billfish Fishery;

“zone Z” means the area described in Schedule 3.

 (2)The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).

Amount of levy

 3.(1) Subject to subregulations (2) and (3), for the purposes of section 6 of the Levy Act, the amount of levy prescribed for a fishing permit granted in the period that commences when these Regulations commence and ends on 30 June 1996 is:

• (a)

  if the permit authorises the use of the purse seine fishing method in relation to the Western Tuna and Billfish Fishery, or the Southern Tuna Fishery, or both—$1,900; and

• (b)

  if the permit authorises the use of the pelagic longline fishing method in relation to the Western Tuna and Billfish Fishery, or the Southern Tuna Fishery, or both—$1,600; and

• (c)

  if the permit authorises the use of other line fishing methods in relation to the Western Tuna and Billfish Fishery, or the Southern Tuna Fishery, or both—$1,300.

 (2) Subject to subregulation (3), if a fishing permit authorises the use of more than one fishing method in a fishery, the amount of levy prescribed for the fishing permit is the highest of the amounts specified in subregulation (1) relating to the permit.

 (3) If, in relation to the Southern Tuna Fishery:

• (a)

  a fishing permit:

  • (i)

    is granted to a person who also holds a statutory fishing right under the Southern Bluefin Tuna Fishery Management Plan 1995; and

  • (ii)

    is not transferable; and

  • (iii)

    authorises the taking, by any fishing method, of a limited amount of fish (the limit being related to the weight of southern bluefin tuna that can be taken under the statutory fishing right); or

• (b)

  a fishing permit:

  • (i)

    authorises the use of a boat for fishing only in zone Z; and

  • (ii)

    is granted to a person who has paid levy prescribed under the Fishing Levy (East Coast Tuna Fishery) Regulations for the period that commenced on 1 July 1995 and ends on 30 June 1996 for a fishing permit:

    • (A)

      in relation to the ML Sector of the East Coast Tuna Fishery (being a permit that authorises fishing in 1 or more of sub-areas 6, 7, 8A or 8B of that fishery); or

    • (B)

      in relation to the PLL (Sub-area 7) Sector, the PLL (Sub-areas 8A and 8B) Sector, the PS (Sub-area 6) Sector, the PS (Sub-area 7) Sector, or the PS (Sub-areas 8A and 8B) Sector of the East Coast Tuna Fishery;

  the amount of levy prescribed is $1,060.

[NOTE: Under the Primary Industries and Energy Research and Development Act 1989, a part (‘the research component’) of the levy 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. It is proposed that, in respect of each fishing permit, an amount of $60 will be paid to the Corporation as the contribution to the research component for these fisheries.]

When is levy due and payable?

 4.For the purposes of section 110 of the Management Act, levy in respect of a fishing permit is due and payable not more than 28 days after the grant of the permit.

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SCHEDULE 1 Regulation 2 

AREA OF THE SOUTHERN 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 western coastline of Australia with the parallel of Latitude 34° South; and

• (b)

  then running from there west to the outer limit of the Australian fishing zone; and

• (c)

  then generally southerly and easterly along that outer limit to its intersection with the meridian of Longitude 146° East; and

• (d)

  then north along that parallel to its first intersection with the southern coastline of Tasmania; and

• (e)

  then generally northerly, westerly and then easterly along that coastline to its most northerly intersection with the meridian of Longitude 146° East; and

• (f)

  then north along that parallel to its first intersection with the southern coastline of Australia; and

• (g)

  then generally westerly along that coastline to the point of commencement.

SCHEDULE 2 Regulation 2 

AREA OF THE WESTERN TUNA AND BILLFISH FISHERY

The area of the Western Tuna and Billfish Fishery is:

• (a)

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

  SCHEDULE 2—continued

  • (i)

    commencing at the intersection of a northern coastline of Australia with the meridian of Longitude 142°30´ East; and

  • (ii)

    then running from there north to the outer limit of the Australian fishing zone; and

  • (iii)

    then generally westerly and southerly along that outer limit to its intersection with the parallel of Latitude 34° South; and

  • (iv)

    then east along that parallel to its intersection with the western coastline of Australia; and

  • (v)

    then generally northerly and easterly to the point of commencement; and

(b)

those parts of the Australian fishing zone:

• (i)

  surrounding Christmas Island and the Cocos (Keeling) Islands; and

• (ii)

  extending 12 nautical miles in width from the Australian territorial sea baseline toward the outer limit of the Australian fishing zone.

SCHEDULE 3 Regulation 2 

ZONE Z

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

• (a)

  commencing at the point of intersection of the meridian of Longitude 146° East with the coastline of Victoria; and

• (b)

  then running from there westerly along the coastline to the point of intersection of the coastline with the meridian of Longitude 141° East; and

• (c)

  then south along that meridian to its point of intersection with the outer limit of the Australian fishing zone; and

  SCHEDULE 3—continued

• (d)

  then east along that outer limit to its point of intersection with the meridian of Longitude 146° East; and

• (e)

  then north along that meridian to its point of intersection with the southern coastline of Tasmania; and

• (f)

  then westerly, northerly, and easterly along that coastline to its most northerly point of intersection with the meridian of Longitude 146° East; and

• (g)

  then northerly along that meridian to the point of commencement.

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NOTE

1. Notified in the Commonwealth of Australia Gazette