Notice concerning Levies on Fish and Fish Products (No. R. 153 of 2003)

Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 451 Pretoria 31 January 2003 No. 24313 AIDS HELPLINE: 0800-0123-22 Prevention is the cure STAATSKOERANT, 31 JANUARlE 2003 No. 24313 3 GOVERNMENT NOTICE GOEWERMENTSKENNISGEWING DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM DEPMRTEMENT VAN OMGEWINGSAKE EN TOERISME No. 153 31 January 2003 SEA FISHERY ACT, 1988 (ACT NO. 12 OF 1988) LEVIES ON FISH AND FISH PRODUCTS I, Mohammed Valli Moosa, Minister of Environmental Affairs and Tourism, acting with the concurrence of the Minister of Finance, hereby under Section 29 of the Sea Fishery Act 12 of 1988, impose the levies on fish and fish products as set out in the Schedule. MV MOOSA Minister of Environmentid Affairs and Tourism SCHEDULE 1. In this Schedule any word or expression to which a meaning has been assigned to in the Act, shall bear the meaning so assigned to it and, unless the context otherwise indicate+ I' abalone" means any shellfish of the species Haliotis m ~ a l s o known as "perlemoen"; "anchovy" means any fish of the species Engraulis capensis; "east coast crustacean" means any crustacean, including shrimps, prawns and langoustines found in the waters of the Province of KwaZulu-Natal and caught by means of bottom trawl nets; "east coast soie" means any fish of the species Austroglossus pectorul~; hake" means any fish of the genus Merluccius; "horse-mackerel 'I means any fish of the species cape Trachurus trachurus capensiq kingkiip" means any fish of the species Genypterus capensis; "langoustine" means any crustacean of the species Metanephrops mozumbicus (previously known as Metanephrops anadamanicus); "monkfish 'I means any fish of the species Lophius vomerinus; " pilchard" means any fish of the species Sardinops s a g w "redeye or round herring" means any fish of the species E m w h i t e h d , "red spotted sole" or "red spotted tonguefish" or" sandrat" means any fish of the 4 No. 24313 GOVERNMENT GAZETTE, 31 JANUARY 2003 species Cynoglossus zam'barensis; "ribbonfish" m.eans any fish of the species Lepidopus caudatus; If seaweed means any marine macro-algae, including Kelp [Ecklonia maxima and Laminuria pallida (including Laminaria Schinzii)] and other species such as Gracilaria gracilis, Gracilfirriopsis spp and Gelidium spp; "shark" means any fish of the class chondrichthyes; "shrimp" means any crustacean of the superfamilies Caridea and Penaeoidea including genera Calliana,ssa and Upogebia; I' snoek" means any fish of the species Thyrsites atun; "south coast rock lobster" means any rock lobster of the species Palinurus gilchristi; 'I squid I' means any squid or chokka squid Loligo vulgaris r e y d i i ; "the Act" means the Sea Fishery Act, 1988 (Act No. 12 of 1988); "tuna" means the species Allothunnus fallai, Euthynnus amis, Gymnosarda unicolor, Katsuwonus pelamis, Sarda orientalis or Sarda sarda or any species of the genus Thunnus; "west coast rock lobster" means any Cape or spiny rock lobster of the species Jasus lalandii; / ; '\ west coast sole" means any fish of the species Austroglossus microlepis. 2. Subject to paragraph 3 A holder of a right to undertake commercial fishing of pelagic fish (pelagic bait included) shall pay the following levy per ton whole mass fish caught: R42.00 for directed pilchard and R1l.OO for anchovy, pilchard bycatch as well as for all other fish caught for industrial purposes; 3. For the purposes of paragraph 2, the mass of pilchard, anchovy, redeye (round hemng) and horse mackerel shall be determined at a fish processing establishment in the presence of a fishery control officer (subject to paragraph 15). 4. A holder of a right to undertake commercial fishing of west coast rock lobster shall pay a levy of R3409.00 per ton whole mass of west coast rock lobster received/caught (subject to paragraph 15). STAATSKOERANT, 31 JANUARIE 2003 No. 24313 5 5. A holder of ;a right to undertake commercial fishing of south coast rock lobster shall pay a levy of RZ46.00 per ton whole mass or a levy of R6325.00 per ton tail mass south coast rock lobster caught. 6. Subject to puagraph 15, a person who is the holder of a right to undertake commercial fishing by means of bottom trawl or midwater trawl nets shall pay the following levy per ton whole mass caught: Hake caught in the offshore trawl and midwater trawl fisheries: R165.00, hake caught in the inshore trawl fishery: R156.00, sole: R251.00, kingklip: R255.00, horse mackerel: R13.00, squid R311.00, east coast crustaceans: R123.00, monkfish R168.00, ribbonfish: R16.00 and mock R19.00. 7. A holder of a right to undertake commercial fishing of abalone shall pay a levy of R6062.00 per ton whole mass of abalone caught or received. 8. Subject to paragraph 15, a holder of a right to undertake commercial fishing of traditional linefish shall pay the following levies (fixed payment per category) on whole mass of fish caught: V O L E MASS CATCHES PER YEAR 1 LEVY PER YEAR Two or less than two tomes and less, but more than two tonnes R118.00 R412.00 F Ten tomes and less, but more than five tomes R1763.00 20 tonnes and less, but more than 10 tomes R882.00 less, but more than 20 tonnes R4114.00 R2939.00 9. A holder of a right to undertake commercial fishing of tuna (pole and line method) shall pay a levy of R107.00 per ton whole mass of tuna caught. 10. A holder of a right to undertake commercial fishing of shark by means of a longline shall 0 pay a levy of R107.00 per ton whole mass of shark caught (subject to paragraph 15). 6 No. 24313 GOVERNMENT GAZETTE, 31 JANUARY 2003 0 11. 12. 13. 14. 15. . . A holder of a right to undertake commercial fishing of hake by means of a longline shall pay a levy of R165.00 per ton whole mass of hake caught, as well as a levy of R255.00 per ton whole mass of kingklip caught (subject to paragraph 15). .. -. A holder of a right to undertake commercial fishing of hake by means of a handline shall pay a levy of R123.00 per ton whole mass of hake caught (subject to paragraph 15). The holder of a right to undertake commercial fishing of squid shall pay a levy of R311.00 per ton whole mass of squid caught. A holder of a right to undertake commercial harvesting of seaweed shall pay a levy of P . R86.00 per dry ton kelp (LaminariapaZZidiz [including laminaria schinzii] andEcWoniu maxima) and R189.00 per dry ton of all other seaweed species as described in paragraph 1, gathered. L , For the purposes of paragraphs 3,4,6,8,10,11 and 12 the whole mass of fish shall be determined by multiplying the mass of the fish caught or parts thereof (see column 1 below) with the appropriate conversion factor (see below). Column 1 Conversion factor x 1,40 I Hake, broken and/or sour I x 1,94 I 6”: x 1,16 x 1,46 t.. x 2,25 x 1,94 Horse mackerel gutted x 1,09 headless and gutted x 1/40 Kingklip, headless and gutted Kingklip, untrimmed fillets x 1,52 x 2,28 I Langoustines, tails x 3,44 Monkfish, headed and gutted (tails) x 2,80 STAATSKOEWNT, 31 JANUARIE 2003 No. 24313 7 . 4 I Monldish, head on and gutted I x 1,19 I headed and gutted x 1,40 x 132 tailed and finned) x 1,80 x 1,60 x 1,41 I Snoek (headed and tailed) ~ ~~ I I x 1,41 I Snoek, salted (flecked) I x 2,12 I Sole, (East Coast sole) gutted x 1,04 (Red spotted ) gutted x 1,06 x 1,06 x 2,20 16. The levies payable in respect of fish caught during any one month shall be paid before the end of the following month, except in the case of traditional linefish (paragraph 8) where the levies wjill be paid before 31 December of the relevant year (based on the permit holders own (catch returns). If necessary, in the case of traditional linefish, adjustments in respect of the levies payable will be made in the following year, and permit holders wil l be allowed to pay the adjusted levies on or before 30 June of the following year. 17. AU payments; of levies shall be accompanied by a form, certified by the holder of the right to undertake mnmercial fishing, that indicates the whole mass of fish caught or received during the month (or months in the instance of linefishing) concerned. This form is obtainable from: Marine and Coastal Management, 6* Floor, Foretrust Building, Martin Hammerschlag Road, Foreshore, Cape Town, 8001 / Private Bag X 2 , Roggebaai, 8012. 18. Interest at the rate determined by the Treasury from time to time, shall be imposed on any outstanding amount, and such interest shall be calculated from the first day of the month following the month in which the fish is landed (except in the case of linefish, where it will be calcullated from the first day of the year following the year in which the fish is landed). 19. Levies and interest payable in terms of this Schedule, shall be paid to: Marine and Coastal Management, 6* Floor, Foretrust Building, Martin Hammerschlag Road, 8 No. 24313 GOVERNMENT GAZElTE, 31 JANUARY 2003 Foreshore, Cape Town, 8001 / Private Bag X2, Roggebaai, 8012. 20. Any person who contravenes or fails to comply with any provision of this notice shall be guilty of an ofl’ence and liable on conviction to a fine not exceeding R50 000 or to imprisonment for a period not exceeding six years, or to both such fine and such imprisonment. 21. Government Notice No. 180, dated 28 February 2001, is hereby repealed. 22. This notice takes effect on 1 February 2003. f L: