Imposition of Quota Levies on Fish: Sea Fisheries Act 1973 (G.N. No. 47 of 1992)

RO,40 GOVERNMENT GAZETrE OF THE REPUBLIC OF NAMIBIA WINDHOEK - 24 April 1992 CONTENTS Page GOVERNMENT NOTICES No. 399 No. 47 Imposition of quota levies on fish: Sea Fisheries Act, 1973 . No. 48 Amendment of regulations made under the Sea Fisheries Act, 1973 . No. 49 Research Levies on fish: Sea Fisheries Act, 1973 . Government Notices MINISTRY OF FISHERIES AND MARINE RESOURCES No. 47 IMPOSITION OF QUOTA LEVIES ON FISH: SEA FISHERIES ACT, 1973 1992 Under the powers vested in me by section 20A of the Sea Fisheries Act, 1973 (Act 58 of 1973), I hereby impose on fish a quota levy at a rate according to mass as set out in the Schedule. H.K. ANGULA MINISTER OF FISHERIES AND MARINE RESOURCES Windhoek, 14th April 1992. 2 Government Gazette 24 April 1992 SCHEDULE 1. In this notice, unless the context otherwise indicates, any word or expression to which a meaning has been assigned in the Sea Fisheries Act, 1973 (Act 58 of 1973), shall have that meaning and "hake" means any fish of the species Merluccius capensis or M. para doxus; "horse mackerel" means any fish of the genus Trachurus; "pilchard" means any fish of the species Sardinops ocellata; "red crab" means any fish of the red crab species Chaceon ( Geryon) maritae; "spider (stone) crab" means any fish of the species Lithodes tropicalis; "tuna" means any fish of the genera Sarda and Thunnus; \ "Namibian vessel" means a fishing vessel (a) which is registered or licensed under the Merchant Shipping Act, 1951 (Act 57 of 1951); (b) which is permanently based in Namibia; (c) which flies the Namibian flag; (d) ofwhich at least 51%of the beneficial ownership is held by Namibian citizens; and (e) of which at least 80% of the crew are Namibian citizens; "Namibian-based vessel" means a fishing vessel (a) which is registered or licensed under the Merchant Shipping Act, 1951 (Act 57 of 1951); (b) which is permanently based in Namibia; (c) which flies the Namibian flag; (d) of which less than 51% of the beneficial ownership is held by Namibian citizens; and (e) of which less than 80% of the crew are Namibian citizens; "foreign vessel" means any fishing vessel which is not a Namibian vessel or a Namibian-based vessel; and "processed on land" means any process executed within the borders of Namibia but excluding the territorial waters, by which No. 399 No. 399 Government Gazette 24 April 1992 (a) the form of the fish landed is changed by removing the head or intestines or by filleting, mincing, trimming or individually wrapping such fish; or (b) the fish is salted or dried. 2. Every fisherman (a) to whom any species of fish (excluding spider (stone) crab or tuna) has been allocated in terms of section 11 of the Sea Fisheries Act, 1973 (Act 58 of 1973), and who has accepted such allocation in writing shall pay in respect of every metric ton offish so allocated and accepted and consisting of the species (excluding spider (stone) crab or tuna) mentioned in paragraph 3, the appropriate quota levy mentioned in paragraph 3; (b) who lands spider (stone) crab or tuna or portions of such crab or tuna shall pay in respect of every metric ton of such fish landed the appropriate quota levy mentioned in paragraph 3, plus a pro rata amount of the appropriate quota levy calculated on any portion of a metric ton. 3. Quota levies per metric ton: 3 Species of fish: (a) Hake Levy per ton (i) allocated to Namibian vessels R400; (ii) allocated to Namibian-based vessels R600; (iii) allocated to foreign vessels R800. (A rebate of R200 per metric ton of wet fish landed is applicable if the fish is processed on land.) (b) Horse mackerel, excluding horse mackerel caught by the purse seine methods (i) allocated to Namibian vessels R31,30; (ii) allocated to Namibian-based vessels R46,90; (iii) allocated to foreign vessels R62,55. (Based on a catch composition of 30% longer than 20 em; 35% longer than 16 em but shorter than 20 em; and 35% used for fishmeal; 4 Government Gazette 24 April 1992 and a basic levy of R 100 per ton of fishmeal product; R75 per ton for fish longer than 16 em but shorter than 20 ern; and R 100 per ton for fish longer than 20 em.). (e) Pilchard (i) allocated to Namibian vessels RIOO; (ii) allocated to Namibian-based vessels R150; (iii) used for processing of fish meal R 25. (d) Tuna (i) landed in Namibian ports and processed on land R400; (ii) all other tuna R2 400. (e) Red crab sections, legs, flake, claw or round R556. (D Spider (stone) crab sections, legs, flake, claw or round R225. (A rebate of Rl12,50 is applicable if landed in Namibian ports and processed on land.) No. 399 399 No. 399 Government Gazette 24 April 1992 4. For the purposes of this notice the mass of fish shall be determined in the presence of a fisheries inspector and shall mean the quantity of fish in live (round) weight. In the case of processed fish being landed, the live (round) weight shall be calculated by multiplying the mass of the landed product with the appropriate conversion factor in the table below: TABLE CONVERSION FACTORS 5 Species and Product (a) Hake Headed and gutted . Trimmed skinless fillets .. Untrimmed skin-on fillets . Broken sour . (b) Kingklip Headed and gutted .. (c) Mbnk Headed and gutted (tails) . (d) Sole Gutted . (e) Horse Mackerel Headed and tail off . Fillet . Fishmeal . Conversion Factor 1,46 2,25 1,94 1,46 1,52 3,04 1,04 1,570 1,859 5,556 5. Any quota levy payable shall be paid to the Permanent Secretary, Fisheries and Marine Resources, Private Bag 13355, Windhoek. (a) (i) In the case of hake, horse-mackerel, pilchard and red crab, monthly instalments shall be payable as per the formula set out in subparagraph (c). (ii) The first instalment shall be due 30 days after acceptance of the allocation referred to in paragraph 2. (iii) Subsequent instalments shall be due one month after the previous instalment has become due. (iv) Each instalment shall be paid within 90 days after it has become due. 6 Government Gazette 24 April 1992 (b) Inthe case of spider (stone) crab and tuna the quota levy payable shall be paid within 30days after the catch was verified and certified by a fisheries inspector. (c) Formula No. 399 QxL M where Q the total quota allocation in tons to the holder of the catching right; L = the quota levy applicable as per paragraph 3; and M = the total number of months during which the catching rights are valid. 6. Each payment for tuna and spider (stone) crab in terms of paragraph 5 shall be accompanied by a statement certified by the inspector referred to in paragraph 4 stating the mass of the fish for which payment is being made. 7. For every tonne caught over and above the allocated quantity of fish a quota levy equal to three times the quota levy payable in respect of foreign vessels shall be payable.