Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations (Amendment) Statutory Rules 1987 No. 214 were enacted by the Minister for Resources to address the need for an immediate adjustment in the levy rate for the 1987/88 southern bluefin tuna season. This legislation is an amendment to the Fisheries Levy Act 1984 and aims to set the rate of levy to recover a proportion of the cost of managing the southern bluefin tuna fishery. The levy is applied to each unit of fishing capacity established under the Southern Bluefin Tuna Fishery Management Plan and either assigned to a boat at the time of licensing or allocated to the registered holder. The amendment was necessitated by the reduced interval between the 1987/88 Budget and the commencement of the season, which precluded the standard one-month notice period for levy rates. Consequently, each registered unit holder was promptly notified of the new levy rate following approval by the Administrator. This regulatory action ensures that the levy adequately reflects the management costs associated with the fishery, maintaining the financial sustainability of the regulatory framework.

Scope and Application

The Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations (Amendment) Statutory Rules 1987 No. 214 amends the Fisheries Levy Act 1984 to establish the levy rate for the 1987/88 southern bluefin tuna fishing season, which begins on 1 October 1987. This levy is intended to recover a portion of the costs associated with managing the southern bluefin tuna fishery. The regulations apply to each unit of fishing capacity established under the Southern Bluefin Tuna Fishery Management Plan, whether assigned to a boat at the time of its licensing under the Fisheries Act 1952 or allocated to the registered holder. For each unit, the levy amount is set at $72.00. The levy must be paid at the time of boat licence grant or unit allocation, and no applications for unit allocation or boat assignment will be approved without the corresponding levy payment. The plan dictates that each unit represents a quota of catch, with a prohibition on exceeding this quota in proclaimed waters, as outlined in Notice No. 170 under section 8 of the Fisheries Act. The amendment was expedited due to the short interval between the 1987/88 Budget and the start of the fishing season, necessitating immediate notification to unit holders of the new levy rate.

Key Provisions

The main operative sections of these regulations (sections 4 and 5) establish the rate of levy for the 1987/88 southern bluefin tuna season at $72.00 per unit of fishing capacity. Section 4 specifies that this levy applies to each unit of fishing capacity either assigned to a boat at the time of licensing under the Fisheries Act 1952 or allocated to a registered holder. Section 5 outlines that the levy must be paid at the time of the grant of the boat licence or the allocation or reallocation of units, and that no allocation or assignment will be granted unless the levy is tendered with the application. The levy rate is determined based on the total allowable catch in the relevant licensing year divided by the total number of units established by the Southern Bluefin Tuna Fishery Management Plan. The obligations imposed by the regulations on the parties or entities governed by them include ensuring that the levy is paid for each unit of fishing capacity. For unit holders, this means that any application for allocation of units must be accompanied by the tender of the levy amount. For boat operators, this means that units must be allocated and the boat must be licensed before any assignment of units can occur. The regulations also ensure that the levy is collected at the appropriate times, as specified by the Southern Bluefin Tuna Fishery Management Plan. Additionally, there is a prohibition on taking southern bluefin tuna in excess of the quota represented by the number of units assigned to the boat, as stipulated in Notice No. 170 under the Fisheries Act 1952. Any breaches of the provisions set out in these regulations could result in civil or criminal consequences. For instance, failing to pay the levy at the time of allocation or assignment of units would be a breach of the regulatory requirements, potentially leading to legal action. Similarly, taking southern bluefin tuna in excess of the quota could result in penalties under the Fisheries Act 1952. While the specific penalties for breaching these regulations are not detailed in the explanatory statement, breaches of related fisheries management regulations can often result in significant fines and other penalties, depending on the severity and frequency of the breach.