Fisheries Levy (South Western Sector Trawl Fishery) Regulations

Overview

The Fisheries Levy (South Western Sector Trawl Fishery) Regulations 1990, issued under the authority of the Minister of State for Primary Industries and Energy, amend the Fisheries Levy Act 1984 to address the need for a dedicated funding source for research on the Orange Roughy fish species. The Act was enacted to impose a levy on the endorsement of fishing licences in the South Western Sector Trawl Fishery to support this research. The Regulations, which came into effect upon gazette, specify the amount of levy to be $14.74 for each unit of fishing capacity assigned to a boat, as outlined in the South East Trawl Fishery Preliminary Management Plan. This levy is intended to fund research efforts aimed at sustainable management and conservation of the Orange Roughy fish species within the fishery.

Scope and Application

The Fisheries Levy (South Western Sector Trawl Fishery) Regulations apply to entities involved in the South Western Sector Trawl Fishery, specifically those who hold a licence endorsed under Fisheries Notice No. SET 2. This encompasses fishing vessels and their operators who are part of the fishery, as defined by the South East Trawl Fishery Preliminary Management Plan. The levy is imposed on the endorsement of a licence for each unit of fishing capacity assigned to a boat, with the unit being a measure of engine power and hull size. The Act operates within the jurisdictional reach of the Commonwealth, applying uniformly across the specified areas as detailed in Fisheries Notice No. SET 2. The levy amount is specified in the Regulations, amounting to $14.74 per unit of fishing capacity. Notably, the levy is earmarked for funding research into the Orange Roughy fish species, ensuring that the revenue generated directly benefits the management and sustainability of the fishery. The application of the Act is further extended and refined through subordinate instruments, allowing for adjustments and specifications as required.

Key Provisions

The Fisheries Levy (South Western Sector Trawl Fishery) Regulations 2004 primarily concern the imposition of a levy on the endorsement of a licence for boats participating in the South Western Sector Trawl Fishery, as detailed under sections 5 and 6 of the Fisheries Levy Act 1984 (section 8). Specifically, these regulations define the levy amount at $14.74 for each unit of fishing capacity assigned to a boat, as specified in the South East Trawl Fishery Preliminary Management Plan (Plan) (section 6(1)). This levy is intended to fund research into the Orange Roughy fish species. The fishing capacity of the fishery is measured in units, which are determined by the engine power and hull size of the boats. The Regulations impose certain obligations on entities and individuals operating within the South Western Sector Trawl Fishery. First and foremost, any boat owner or operator who holds a licence under Fisheries Notice No. SET 2 must pay the specified levy for each unit of fishing capacity assigned to their boat, as outlined in the Plan. This levy must be paid at the time of licence endorsement or renewal. Furthermore, boat owners and operators must ensure that their units of fishing capacity are accurately reported to comply with the allocation and renewal processes as stipulated in the Plan. Accurate reporting and timely payment of the levy are crucial to maintaining compliance with the Regulations. Failure to comply with the provisions of these Regulations can result in various consequences. Firstly, if a boat owner or operator fails to pay the required levy for each unit of fishing capacity, they may be subject to penalties. Under the Fisheries Levy Act 1984, non-payment of the levy could lead to enforcement actions, including fines or other administrative penalties. The exact penalties are not specified in the Regulations but would be in line with the enforcement mechanisms provided under the Act. Additionally, ongoing non-compliance may result in the suspension or revocation of the licence, effectively preventing the boat owner or operator from participating in the fishery until the outstanding levies and any applicable penalties are resolved. In summary, the Fisheries Levy (South Western Sector Trawl Fishery) Regulations 2004 impose a levy of $14.74 per unit of fishing capacity for boats operating in the South Western Sector Trawl Fishery, to be used for funding research on the Orange Roughy species. Boat owners and operators must ensure accurate reporting and timely payment of this levy. Non-compliance with these obligations can lead to penalties, including fines and potential licence suspension or revocation, as provided under the Fisheries Levy Act 1984.