Notice concerning Levies on Fish and Fish Products (No. R. 398 of 2009)

26 No.32157 GOVERNMENT GAZETTE, 30 APRIL 2009 NOTICE 398 OF 2009 DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM SEA FISHERY ACT, 1988 (ACT N0.12 OF 1988) LEVIES ON FISH AND FISH PRODUCTS I, Marthinus Christoffel Johannes van Schalkwyk, Minister of Environmental Affairs and Tourism, acting with the concurrence of the Minister of Finance, under section 29 of the Sea Fishery Act, 1988 ( Act No. 12 of 1998) hereby impose the levies on fish and fish products as set out in the Schedule hereto. MARTHINUS VAN SCHALKWYK MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM STAATSKOERANT, 30 APRIL 2009 No. 32157 27 SCHEDULE 1. In this Schedule any word or expression to which a meaning has been assigned in the Marine Living Resources Act, 1998 (Act No. 18 of 1998) and the Regulations in terms thereof published in Gazette No. 19205 in Notice No. R 1111 of 2 September 1998, shall bear the meaning so assigned to it and, unless the context otherwise indicates "abalone" means any shellfish of the species Haliotis midae,also known as "perlemoen"; "albacore " means the species Athunnus allalunga; "anchovy" means any fish of the species Enf{raulis encrasicolus (previously known as Engraulis capensis); "big eye tuna" means the species Thunnus ohcsus; "east coast crustacean" means any crustacean, including shrimps, prawns and langoustincs found in the waters of the Province of KwaZulu-Natal and caught by means of bottom trawl nets; "east coast sole" means any fish of the species Austroglossus pectoralis; "gutted" means cleaned by removing the viscera, but not the removing the head or the gills; "gutted and gilled" means cleaned by removing the viscera and the gills, but not removing the head; "hake" means any fish of the genus Aferluccius; "headed & gutted" means cleaned by removing the head, gills and viscera; "horse-mackerel" means any fish of the species Trachurus trachurus capensis; "kingklip" means any fish of the species GenJpterus capensis; "langoustine" means any cmstaccan of the species Metanephrops mozambicu.s (previously known as Metanephrops anadamanicus); 11 monkfish" means any fish of the species l,ophius vmnerinus; 11 pilchard" means any fish of the species Sardinops saga., (previously known as Sardinops ocelatus ); "redeye or round herring" means any fish of the species Etrumeus whiteheadi; "red spotted sole" or "red spotted tonguetish" or" sandrat" means any fish of the species Cynoglossus zanzibarensis; "ribbonfish" means any fish of the species Lepidopus caudatus; "seaweed" means any marine macro-algae, including Kelp [Ecklonia maxima and 28 No. 32157 GOVERNMENT GAZETTE, 30 APRIL 2009 Laminaria pallida (including laminaria schinzii)] and other species such as Graci/aria gracilis, Gracilariopsis .,pp and Gelidium ,,pp; "shark" means any fish of the class Chondrichthyes. 11 shrimp II means any crustacean of the superfamilics Caridca and Pcnaeoidea including the genera Callianassa and Upogebia; 11 snoek II means any fish of the species Thyrsites aLUn; "south coast rock lobster" means any rock lobster of the species Palinurus gilchristi; "southern bluefin tuna" means the species Thunnus maccoyii; "squid" means any squid ( chokka) of the species loligo vulgaris reynaudii; "swordfish" means the species Xiphias Gladius; "the Act" means the Sea Fishery Act, 1988 (Act No. 12 of 1988); "tuna" means any fish of the speciesAllothunnus fallai, Euthynnus a/finis, Gymnosarda unicolor, Katsuwonus pelamis. Sarda orienta/is 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 II means any fish of the species Austroglossus microlepis. "yellow tuna" means the species Thunnus alhacares; 2. Subject Lo paragraph 3 A holder of a right to undertake comm.:rcial fishing of pelagic fish (pelagic bait included) shall pay the following levy per ton whole mass fish caught: R52.00 for directed pilchard and R15.00 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 herring) 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 R4231.00 per ton whole mass of west coast rock lobster received/caught (subject http:R4231.00 STAATSKOERANT, 30 APRIL 2009 No. 32157 29 to paragraph 15). 5. A holder of a right to undertake commercial fishing of south coast rock lobster shall pay a levy of R3532.00 per ton whole mass or a levy of R 7850.00 per ton tail mass south coast rock lobster caught. 6. Subject to paragraph 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: R205.00, hake caught in the inshore trawl fishery: R193.00, sole: R312.00, kingklip: R316.00, horse mackerel: Rl 7 .00, squid: R386.00, east coast crustaceans: R153.00, monkfish: R208.00, ribbonfish: R20.00 and snoek: R24.00. 7. A holder of a right to undertake commercial fishing of abalone shall pay a levy of R28 250.00 per ton whole mass of abalone caught or received.(Not currently allowed) 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: WHOLE MASS CATCHES PER YEAR LEVY PER YEAR Two or less than two tonnes R146.00 Five tonnes and less, but more than two tonnes R511.00 Ten tonnes and less, but more than five tonnes R1095.00 20 tonnes and less, but more than 10 tonnes R2188.00 30 tonnes and less, but more than 20 tonnes R3648.00 """"" I More than 30 tonnes R5105.00 9. (a) A holder of a right to undertake commercial fishing of tuna (pole and line method) shall pay a levy of R128.00 per ton whole mass of tuna caught and shall pay Rl00.00 per ton whole mass of linefish by-catch caught. http:R3532.00 30 No.32157 (b) GOVERNMENT GAZETTE, 30 APRIL 2009 The levies payable by holders of rights to undertake commercial fishing of tuna or swordfish by means of a longline per ton of fish landed are as follows: Species South African I Foreign flagged i vessels i vessels i - ····· i Southern bluefin tuna Rl,017.00 R2034.00 ! Bigeye Tuna R33'-l.00 R(178.00 Yellowfin Tuna R339.00 R678.00 i Swordfish R339.00 R678.00 I All other species including by-catch • R128.00 R255.00 I 10. A holder of a right to undertake commercial fishing of shark by means of a longlinc shall pay a levy of R133.00 per ton whole mass of shark caught (subject to paragraph 15). 11. A holder of a right to undertake commercial fishing of hake by means of a longline shall pay a levy of R205.00 per ton whole mass of hake caught, as well as a levy of R316.00 per ton whole mass of kingklip caught (subject to paragraph 15). 12. A holder of a right lo undertake commercial fishing of hake by means of a handline shall pay a levy of R153.00 per ton whole mass of hake caught (subject to paragraph 15). 13. The holder of a right to undertake commercial fishing of squid shall pay a levy of R386.00 per ton whole mass of squid caught. 14. A holder of a right to undertake commercial harvesting of seaweed shall pay a levy of R107.00 per dry ton of kelp (l,aminaria pallida [including Laminaria schinzii] and Ecklonia maxima) and R234.00 per dry ton of all other seaweed species as described in paragraph 1, gathered. 15. (a) 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). A factor i STAATSKOERANT, 30 APRIL 2009 No.32157 31 of 1,00 shall be applied to any fish that are landed whole (unprocessed). Column 1 Conversion factor Gurnard, headed and gutted X 1,40 Hake, broken and/or sour X 1,94 Hake, gutted (PQ) X 1,10 Hake, gutted and gilled (PQ) X 1,16 Hake, headed and gutted X 1,46 • Hake, mince X 2,25 Hake, sausage X 2,25 Hake, skinless fillets (trimmed or untrimmed) X 2,25 Hake, skin-on fillets (trimmed or untrimmed) X 1,94 Horse mackerel, gutted and gilled X 1,09 Horse mackerel, headed and gutted X 1,40 Kingklip, headed and gutted X 1,52 Kingklip, untrimmed fillets X 2,28 Langoustines, tails X 2,80 Monkfish, headed and gutted (tails) X 3,44 Monkfish, gutted (head on) X 1,19 Ribbonfish, headed and gutted X 1,40 Ribbonfish, headed, gutted and tailed X 1,80 Shark, (headed, gutted, tailed and finned) X 1,52 Shrimps and prawns, tails X 1,60 ' Snock, frozen X 1,41 Snock, headed, gutted and tailed X 1,41 Snoek, salted (flecked) X 2,12 • Sole, (East Coast sole) gutted X 1.05 Sok or Tonguefish (Red spotted ) gutted X 1,06 Sole, (West Coast sole) gutted X 1/16 [West Coast rock lobster (spiny or slipper tail··s····)·························································· X 2,20 (b) Where a product is not listed in the above table, a conversion factor from an appropriate equivalent product shalt be applied. 32 No. 32157 GOVERNMENT GAZETTE, 30 APRIL 2009 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 line fish (paragraph 8) where the levies will 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 will be allowed to pay the adjusted levies on or before 30 June of the following year. 17. All payments of levies shall be accompanied by a form, certified by the holder of the right to undertake commercial 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: Customer Services, Marine and Coastal Management, Ground Floor, Foretrust Building, Martin Hammerschlag Road, Foreshore, Cape Town, 8001 / Private Bag X2, Roggebaai, 8012. 18. Interest and penalties will be imposed on any outstanding amount and late submission of levy declaration forms. Interest will be charged at the rate determined by National Treasury from time to time on any outstanding amount (except in the case of linefish, where it will be calculated from the first day of the year following the year in which the . fish is landed). A penalty of 10% of the levies payable will be imposed on late submissions of levy declarations and payment of levies due. 19. Levies and interest payable in terms of this Schedule shall be paid to: The Marine living Resource Fund, Ground Floor, Foretrust Building, Martin Hammerschlag Road, Foreshore, Cape Town, 8001 / Private Bag X2, Roggebaai, 8012. 20. Government Notice No.252, dated 24 March 2005 and Government Notice No.27067, dated 8 December 2004, is hereby repealed. 21. This notice takes effect on 1 May 2009.