Determination of quota fees and rate of interest payable on late payments: Marine Resources Act, 2000 (No. 159 of 2017)

4 Government Gazette 26 June 2017 6342 MINISTRY OF FISHERIES AND MARINE RESOURCES No. 159 2017 DETERMINATION OF QUOTA FEES AND RATE OF INTEREST PAYABLE ON LATE PAYMENTS: MARINE RESOURCES ACT, 2000 Under section 44(1) of the Marine Resources Act, 2000 (Act No. 27 of 2000) in consultation with the Advisory Council and with the approval of the Minister of Finance, I (a) determine the fees payable in respect of the harvesting of marine resources as set out in the Schedule; and (b) repeal Government Notice No. 253 of 14 October 2016. B. ESAU MINISTER OF FISHERIES AND MARINE RESOURCES Windhoek, 5 June 2017 SCHEDULE QUOTA FEES PAYABLE IN RESPECT OF HARVESTING OF MARINE RESOURCES AND THE RATE OF INTEREST PAYABLE ON LATE PAYMENTS 1. In this notice, a word or expression to which a meaning has been assigned in the Act bears that meaning, and unless the context otherwise indicates “Namibian vessel, except a midwater trawl industry vessel,” means a fishing vessel (a) which is registered or licensed under the Merchant Shipping Act, 1951 (Act No. 57 of 1951); (b) which is permanently based in Namibia; (c) which flies the Namibian flag; (d) of which at least 51% of the beneficial ownership is held by Namibian citizens; and (e) of which at least 90% of the crew on board, at all times while the vessel is operating under the quota, are Namibian citizens; “Namibian-based vessel, except a midwater trawl industry vessel,” means a fishing vessel (a) which is registered or licensed under the Merchant Shipping Act, 1951 (Act No. 57 of 1951); (b) which is permanently based in Namibia; (c) which flies the Namibian flag; (d) of which at least 51% of the beneficial ownership is held by Namibian citizens; and (e) of which the crew includes Namibian citizens but being less than 90% of the crew; or (f) other than a Namibian vessel with at least 90% Namibian crew; “Namibian vessel, in relation to a midwater trawl industry vessel,” means a fishing vessel 6342 Government Gazette 26 June 2017 5 (a) which is registered or licensed under the Merchant Shipping Act, 1951 (Act No. 57 of 1951); (b) which is permanently based in Namibia; (c) which flies the Namibian flag; (d) of which at least 51% of the beneficial ownership is held by Namibian citizens; and (e) of which 55% of the crew on board, at all times while the vessel is operating under the quota, are Namibian citizens; “Namibian-based vessel, in relation to a midwater trawl industry vessel,” means a fishing vessel (a) which is registered or licensed under the Merchant Shipping Act, 1951 (Act No. 57 of 1951); (b) which is permanently based in Namibia; (c) which flies the Namibian flag; (d) of which at least 51% of the beneficial ownership is held by Namibian citizens; (e) of which the crew includes Namibian citizens but being less than 55% of the crew; or (f) other than a Namibian vessel with at least 55% Namibian crew; “the Act” means the Marine Resources Act, 2000 (Act No. 27 of 2000); “whole state”, in relation to a marine resource, means the natural condition of a marine resource and includes a condition after one or more of the following parts, the head, tail, scales or intestines have been removed from a marine resource; and “mass” of a marine resource means mass as determined with a mass meter approved by the Minister responsible for trade. 2. A person to whom a quota is allocated under section 39(3) of the Act must, in respect of any of the marine resources mentioned below, pay in respect of every kilo of the marine resource so allocated, the appropriate fee specified to such marine resource as set out below: Species Fees (% of landed value) (a) Hake, Wetfish (i) Allocated to Namibian vessels 3.1 (ii) Allocated to Namibian-based vessels 6.2 (iii) Allocated to foreign flag vessels 10 Frozen (i) Allocated to Namibian vessels 5 (ii) Allocated to Namibian-based vessels 10 (iii) Allocated to foreign flag vessels 15 6 Government Gazette 26 June 2017 6342 (b) Horse mackerel, excluding horse mackerel caught by purse seine method, Processed at sea (i) Allocated to Namibian vessels 5 (ii) Allocated to Namibian-based vessels 10 (iii) Allocated to foreign flag vessels 15 Processed on land (i) Allocated to Namibian vessels 3.1 (ii) Allocated to Namibian-based vessels 6.2 (iii) Allocated to foreign flag vessels 10 For processing fish meal in Namibia 2 (c) Pilchard (i) Allocated to Namibian vessels 3.1 (ii) Allocated to Namibian-based vessels 6.2 For processing fishmeal in Namibia 2 (d) Crab (i) Allocated to Namibian vessels 3.1 (ii) Allocated to Namibian-based vessels 6.2 (iii) Allocated to foreign flag vessels 10 (e) Rock lobster (i) Allocated to Namibian vessels 3.1 (ii) Allocated to Namibian-based vessels 6.2 (iii) Allocated to foreign flag vessels 10 (f) Tuna (i) Allocated to Namibian vessels 3.1 (ii) Allocated to Namibian-based vessels 6.2 (iii) Allocated to foreign flag vessels 10 (g) Monk, Wetfish (i) Allocated to Namibian vessels 3.1 (ii) Allocated to Namibian-based vessels 6.2 (iii) Allocated to foreign flag vessels 10 Frozen (i) Allocated to Namibian vessels 5 (ii) Allocated to Namibian-based vessels 10 (iii) Allocated to foreign flag vessels 15 6342 Government Gazette 26 June 2017 7 (h) Orange Roughy (i) Allocated to Namibian vessels 3.1 (ii) Allocated to Namibian-based vessels 6.2 (iii) Allocated to foreign flag vessels 10 (i) Seals (i) Bulls 6.2 (ii) Pups 3.1 3. For the purposes of paragraph 2, the mass of any marine resources must be determined in the whole state. 4. The following landed values of the marine resources must apply: Species Scientific Name Landed Value N$/ Kg 1 Hake Merluccius capensis and Merluccius paradoxus 25.00 2 Horse Mackerel Trachurus capensis 9.50 3 Crab Chaceon maritae 52.40 4 Rock Lobster Jasus lalandii 193.60 5 Pilchard Sardinops sagax 4.40 6 Monk Lophius vomerinus 51.20 7 Albacore Thunnus alalunga 22.00 8 Swordfish Xiphias gladius 49.00 9 Snoek Frozen Thyrsites atun 21.80 10 Orange Roughy Hoplostethus atlanticus 70.00 11 Big Eye Tuna Thunnus obesus 22.00 12 All Sharks Genus Hechanchiformes 22.00 13 Yellowfin Tuna Thunnus albacares 22.00 14 Oil Fish Ruvettus pretiosus 24.00 15 Sole Genus Soleilidae 23.00 16 Kingklip Genypterus capensis 42.38 17 Angel Fish Brama brama 6.00 18 Panga Reds Genus Sparidae 5.00 19 Dentex Dentex macropthalmus 5.00 20 Alfonsino Beryx splendens 7.00 21 Gurnard Chelidonichthys capensis 3.00 22 John Dory Zeus faber and Zeus capensis 3.00 23 Ribbon Fish Genus Trachipteridae 7.00 24 Squid Genus Cephalopods 10.00 25 Joacopever Helicolenus dactylopterus 7.00 26 Steenbras Lithognathus (aureti, lithognathus and mormyrus) 30.00 27 Kob Argyrosomus hololepidotus 30.00 28 Blacktail Diplodus sargus capensis 30.00 29 Galjoen Caracinus capensis 45.00 30 Barber Galeichthys feliceps 3.00 31 Anchovy Engraulis capensis 1.50 8 Government Gazette 26 June 2017 6342 32 Sardine Sadinops sagax 1.50 33 Red Eye Etrumeus whiteheadii 1.50 34 Lantern Genus Mychtophidae 1.50 35 Gobies Sufflogobius bibarbatus 1.50 36 Mullets Genus Mugilidae 2.00 37 Spring Harders Liza richardsonii 2.00 38 Moon Fish Selene dorsalis 5.00 39 Blue Marlin Makaria nigricans 24.00 40 Sail Fish Istiophorus platypterus 24.00 41 Dorado Fish Coryphaena equiselis and Coryphae na hippurus 24.00 42 Mackerel Scomber japonicus 1.50 43 Cape Fur Seals Arctocephalus pusillus 4.00 44 Shark Fins 73.17 45 Guano 5.00 5. The quota fee payable in terms of paragraph 2, in respect of the year for which the quota has been allocated, must be paid to the Permanent Secretary: Fisheries and Marine Resources, Private Bag 13355, Windhoek, in four equal installments, calculated in accordance with the formula set out in this paragraph 6, which installments must be paid in respect of (a) the first installment, not later than the 15th day in the last month of the first quarter; (b) the second installment, not later than the 15th day in the last month of the second quarter; (c) the third installment, not later than the 15th day in the last month of the third quarter; and (d) the fourth installment, not later than the last day of the fourth quarter of the year for which the quota has been allocated. 6. For the purposes of calculating the amount of the installments referred to in paragraph 5, the following formula must be applied: Q x F where 4 Q = the total quota allocation in kilos; F = the quota fee applicable in terms of paragraph 2. 7. Payments made in terms of paragraph 2 must be accompanied by appropriate documentary proof of (a) the category of vessel used; and (b) the quantity of marine resource harvested, countersigned by a fisheries control officer or any other officer as may be assigned by the Permanent Secretary. 8. If a person to whom a quota is allocated under section 39(3) of the Act 6342 Government Gazette 26 June 2017 9 (a) utilises a foreign vessel in addition to any other vessel for the purpose of catching the allocated quota, he or she must pay the fee applicable to a foreign vessel in respect of any uncaught portion of the allocated quota; (b) does not fall in the category contemplated in paragraph (a) and utilises a Namibian based vessel in addition to a Namibian vessel, he or she must pay the fee applicable to a Namibian-based vessel in respect of any uncaught portion of the allocated quota; or (c) utilises only Namibian vessels for the purpose of catching the allocated quota, he or she must pay the fee applicable to a Namibian vessel in respect of any uncaught portion of the allocated quota. 9. The interest payable for late payment of fees payable in terms of this notice is 12% per annum of the accrued late payment. 10. These fees are effective from the date of publication of this notice.