[Federal Register Volume 67, Number 244 (Thursday, December 19, 2002)]
[Notices]
[Pages 77876-77901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-31851]
[[Page 77875]]
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Part III
Department of State
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New Conservation Measures for Antarctic Fishing Under the Auspices of
CCAMLR; Notice
Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 /
Notices
[[Page 77876]]
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DEPARTMENT OF STATE
[Public Notice 4232]
New Conservation Measures for Antarctic Fishing Under the
Auspices of CCAMLR
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: At its Twenty-First Meeting in Hobart, Tasmania, October 21 to
November 1, 2002, the Commission for the Conservation of Antarctic
Marine Living Resources (CCAMLR), of which the United States is a
member, adopted conservation measures, pending countries' approval,
pertaining to fishing in the CCAMLR Convention Area. All the measures
were agreed upon in accordance with Article IX of the Convention for
the Conservation of Antarctic Marine Living Resources. Measures adopted
restrict overall catches of certain species of fish and crabs, restrict
fishing in certain areas, specify implementation and inspection
obligations supporting the Catch Documentation Scheme of Contracting
Parties, and promote compliance with CCAMLR measures by non-Contracting
Party vessels. This notice includes the full text of the conservation
measures adopted at the Twenty-First meeting of CCAMLR. For all of the
conservation measures in force, see the CCAMLR Web site at http://
www.ccamlr.org. This notice, therefore, together with the U.S.
regulations referenced under the Supplementary Information provides a
comprehensive register of all current U.S. obligations under CCAMLR.
DATES: Persons wishing to comment on the measures or desiring more
information should submit written comments within 30 days of this
announcement.
FOR FURTHER INFORMATION CONTACT: Roberta L. Chew, Office of Oceans
Affairs (OES/OA), Room 5805, Department of State, Washington, DC 20520;
tel: 202-647-3947; fax: 202-647-9099; e-mail: chewrl@state.gov.
SUPPLEMENTARY INFORMATION: Individuals interested in CCAMLR should also
see 15 CFR Chapter III--International Fishing and Related Activities,
Part 300--International Fishing Regulations, Subpart A--General;
Subpart B--High Seas Fisheries; and Subpart G--Antarctic Marine Living
Resources, for other regulatory measures related to conservation and
management in the CCAMLR Convention area. Subpart B notes the
requirements for high seas fishing vessel licensing. Subparts A and G
describe the process for regulating U.S. fishing in the CCAMLR
Convention area and contain the text of CCAMLR Conservation Measures
that are not expected to change from year to year. The regulations in
Subparts A and G include sections on; Purpose and scope; Definitions;
Relationship to other treaties, conventions, laws, and regulations;
Procedure for according protection to CCAMLR Ecosystem Monitoring
Program Sites; Scientific Research; Initiating a new fishery;
Exploratory fisheries; Reporting and recordkeeping requirements; Vessel
and gear identification; Gear disposal; Mesh Size; Harvesting permits;
Import permits; Appointment of a designated representative;
Prohibitions; Facilitation of enforcement and inspection; and
Penalties.
Conservation Measures Remaining in Force: The Commission agreed
that the Conservation Measures 2/III, 3/IV, 4/V, 5/V, 7/V, 6/V, 18/XIX,
19/IX, 40/X, 51/XIX, 61/XII, 62/XIX, 63/XV, 72/XVII, 73/XVII, 82/XIX,
95/XIV, 119/XX, 121/XIX, 122/XIX, 129/XVI, 146/XVII, 171/XVIII, 173/
XVIII, 180/XVIII, 217/XX, and 160/XVII and Resolutions 7/IX, 10/XII,
14/XIX, 15/XIX, 16/XIX, and 17/XX remain in force in 2002/03.
For the text of CCAMLR Conservation Measures remaining in force,
see 61 FR 66723, dated December 18, 1996; 63 FR 5587, dated February 3,
1998; 63 FR 300 dated December 22, 1998; 64 FR 71165, dated December
20, 1999; 66 FR 7527, dated January 23, 2001, and 67 FR 2477, dated
January 17, 2002.
New and Revised Conservation Measures: At its Twenty-First Meeting
in Hobart, Tasmania, October 21 to November 1, 2002, the Commission for
the Conservation of Antarctic Marine Living Resources (CCAMLR) revised
the following Conservation Measures 29/XIX, 31/X, 32/XIX, 45/XX, 64/
XIX, 65/XII, 106/XIX, 118/XX, 147/XIX, 148/XX, 170/XX and 216/XX. In
addition, twenty-one measures and two resolutions were adopted. The
conservation measures and resolutions adopted at the Twenty-First
Meeting follow. For further information, see the CCAMLR Web site at
http://www.ccamlr.org under Publications for the Schedule of
Conservation Measures in Force (2002/2003), or contact the Commission
at the CCAMLR Secretariat, P.O. Box 213, North Hobart, Tasmania 7002,
Australia, Tel: (61) 3-6231-0366, Fax: (61) 3-6234-9965.
Conservation Measure 10-03 (2002) \1\ [147/XXI]
Port Inspections of Vessels Carrying Toothfish
1. Contracting Parties shall undertake inspection of all fishing
vessels carrying Dissostichus spp. which enter their ports. The
inspection shall be for the purpose of determining that if the vessel
carried out harvesting activities in the Convention Area, these
activities were carried out in accordance with CCAMLR conservation
measures, and that if it intends to land or tranship Dissostichus spp.
the catch to be unloaded or transhipped is accompanied by a
Dissostichus catch document required by Conservation Measure 10-05
[170/XXI], and that the catch agrees with the information recorded on
the document.
2. To facilitate these inspections, Contracting Parties shall
require vessels to provide advance notice of their entry into port and
to convey a written declaration that they have not engaged in or
supported illegal, unregulated and unreported (IUU) fishing in the
Convention Area. The inspection shall be conducted within 48 hours of
port entry and shall be carried out in an expeditious fashion. It shall
impose no undue burdens on the vessel or its crew, and shall be guided
by the relevant provisions of the CCAMLR System of Inspection. Vessels
which either declare that they have been involved in IUU fishing or
fail to make a declaration shall be denied port access, other than for
emergency purposes.
3. In the event that there is evidence that the vessel has fished
in contravention of CCAMLR conservation measures, the catch shall not
be landed or transhipped. The Contracting Party will inform the Flag
State of the vessel of its inspection findings and will cooperate with
the Flag State in taking such appropriate action as is required to
investigate the alleged infringement, and, if necessary, apply
appropriate sanctions in accordance with national legislation.
4. Contracting Parties shall promptly provide the Secretariat with
a report on the outcome of each inspection conducted under this
conservation measure. In respect of any vessels denied port access or
permission to land or tranship Dissostichus spp., the Secretariat shall
promptly convey such reports to all Contracting Parties.
\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
[[Page 77877]]
Conservation Measure 10-04 (2002) [148/XXI]
Automated Satellite-Linked Vessel Monitoring Systems (VMS)
The Commission hereby adopts the following conservation measure in
accordance with Article IX of the Convention:
1. Each Contracting Party shall maintain an automated Vessel
Monitoring System (VMS) to monitor the position of its fishing vessels,
which are licensed \1\ in accordance with Conservation Measure 10-02
[119/XX].
2. The implementation of VMS on vessels while participating only in
a krill fishery is not currently required.
3. Each Contracting Party, within two working days of receiving the
required VMS information, shall provide to the Secretariat dates and
the statistical area, subarea or division for each of the following
movements of its flag fishing vessels:
(i) Entering and leaving the Convention Area; and
(ii) Crossing boundaries between CCAMLR statistical areas, subareas
and divisions.
4. For the purpose of this measure, VMS means a system where, inter
alia:
(i) Through the installation of satellite-tracking devices on board
its fishing vessels, the Flag State receives automatic transmission of
certain information. This information includes the fishing vessel
identification, location, date and time, and is collected by the Flag
State at least every four hours to enable it to monitor effectively its
flag vessels;
(ii) Performance standards provide, as a minimum, that the VMS:
(a) For both the hardware and software components, shall be tamper
proof, i.e. shall not permit the input or output of false positions and
must not be capable of being manually over-ridden;
(b) Is fully automatic and operational at all times regardless of
environmental conditions;
(c) Provides real time data;
(d) Provides the geographical position of the vessel, with a
position error of less than 500 m with a confidence interval of 99%,
the format being determined by the Flag State; and
(e) In addition to regular messages, provides special messages when
the vessel enters or leaves the Convention Area and when it moves
between one CCAMLR area, subarea or division within the Convention
Area.
5. Contracting Parties shall not issue licences under Conservation
Measure 10-02 [119/XX] unless the VMS complies with paragraph 5 in its
entirety.
6. In the event of technical failure or other non-function of the
VMS, the master or the owner of the fishing vessel, as a minimum:
(i) Shall communicate at least once every 24 hours, starting from
the time that this event was detected, the data referred in paragraph
4(i) by telex, by fax, by telephone message or by radio to the Flag
State; and
(ii) Shall take immediate steps to have the device repaired or
replaced as soon as possible, and, in any event, within two months. If
during that period the vessel returns to port it shall not be allowed
to commence a further fishing trip without having the defective device
repaired or replaced.
7. In the event that the VMS ceases to operate, the Contracting
Party as soon as possible shall advise the Executive Secretary of the
name of the vessel, the date, time and the location of the vessel when
the VMS failed. The Party shall also inform the Executive Secretary
when the VMS becomes operational again. The Executive Secretary shall
make such information available to Contracting Parties upon request.
8. Contracting Parties shall report to the Secretariat before the
start of annual meetings of the Commission, on the VMS which has been
introduced in accordance with paragraphs 1 and 2, including its
technical details, on:
(i) Any change in the VMS; and
(ii) In accordance with paragraph XI of the CCAMLR System of
Inspection, all cases where they have determined, with the assistance
of the VMS that vessels of their flag had fished in the Convention Area
in possible contravention of CCAMLR conservation measures.
\1\ Includes permitted.
Conservation Measure 10-05 (2002) [170/XXI]
Catch Documentation Scheme for Dissostichus spp.
The Commission,
Concerned that illegal, unregulated and unreported (IUU) fishing
for Dissostichus spp. in the Convention Area threatens serious
depletion of populations of Dissostichus spp.,
Aware that IUU fishing involves significant by-catch of some
Antarctic species, including endangered albatross,
Noting that IUU fishing is inconsistent with the objective of the
Convention and undermines the effectiveness of CCAMLR conservation
measures,
Underlining the responsibilities of Flag States to ensure that
their vessels conduct their fishing activities in a responsible manner,
Mindful of the rights and obligations of Port States to promote the
effectiveness of regional fishery conservation measures,
Aware that IUU fishing reflects the high value of, and resulting
expansion in markets for and international trade in, Dissostichus spp.,
Recalling that Contracting Parties have agreed to introduce
classification codes for Dissostichus spp. at a national level,
Recognising that the implementation of a Catch Documentation Scheme
for Dissostichus spp. will provide the Commission with essential
information necessary to provide the precautionary management
objectives of the Convention,
Committed to take steps, consistent with international law, to
identify the origins of Dissostichus spp. entering the markets of
Contracting Parties and to determine whether Dissostichus spp.
harvested in the Convention Area that is imported into their
territories was caught in a manner consistent with CCAMLR conservation
measures,
Wishing to reinforce the conservation measures already adopted by
the Commission with respect to Dissostichus spp.,
Inviting non-Contracting Parties whose vessels fish for
Dissostichus spp. to participate in the Catch Documentation Scheme for
Dissostichus spp.,
hereby adopts the following conservation measure in accordance with
Article IX of the Convention:
1. Each Contracting Party shall take steps to identify the origin
of Dissostichus spp. imported into or exported from its territories and
to determine whether Dissostichus spp. harvested in the Convention Area
that is imported into or exported from its territories was caught in a
manner consistent with CCAMLR conservation measures.
2. Each Contracting Party shall require that each master or
authorised representative of its flag vessels authorised to engage in
harvesting of Dissostichus eleginoides and/or Dissostichus mawsoni
complete a Dissostichus catch document for the catch landed or
transhipped on each occasion that it lands or tranships Dissostichus
spp.
3. Each Contracting Party shall require that each landing of
Dissostichus spp. at its ports and each transhipment of Dissostichus
spp. to its vessels be accompanied by a completed Dissostichus catch
document.
4. Each Contracting Party shall, in accordance with their laws and
[[Page 77878]]
regulations, require that their flag vessels which intend to harvest
Dissostichus spp., including on the high seas outside the Convention
Area, are provided with specific authorisation to do so. Each
Contracting Party shall provide Dissostichus catch document forms to
each of its flag vessels authorised to harvest Dissostichus spp. and
only to those vessels.
5. A non-Contracting Party seeking to cooperate with CCAMLR by
participating in this scheme may issue Dissostichus catch document
forms, in accordance with the procedures specified in paragraphs 6 and
7, to any of its flag vessels that intend to harvest Dissostichus spp.
6. The Dissostichus catch document shall include the following
information:
(i) The name, address, telephone and fax numbers of the issuing
authority;
(ii) The name, home port, national registry number, and call sign
of the vessel and, if issued, its IMO/Lloyd's registration number;
(iii) The reference number of the licence or permit, whichever is
applicable, that is issued to the vessel;
(iv) The weight of each Dissostichus species landed or transhipped
by product type, and
(a) By CCAMLR statistical subarea or division if caught in the
Convention Area; and/or
(b) By FAO statistical area, subarea or division if caught outside
the Convention Area;
(v) The dates within which the catch was taken;
(vi) The date and the port at which the catch was landed or the
date and the vessel, its flag and national registry number, to which
the catch was transhipped; and
(vii) The name, address, telephone and fax numbers of the
recipient(s) of the catch and the amount of each species and product
type received.
7. Procedures for completing Dissostichus catch documents in
respect of vessels are set forth in paragraphs A1 to A10 of Annex 10-
05/A [170/A] to this measure. The standard catch document is available
on the CCAMLR Web site, http://www.CCAMLR.org, or contact the Office of
Sustainable Fisheries at the National Marine Fisheries Service (phone
Dean Swanson at 301-713-2276).
8. Each Contracting Party shall require that each shipment of
Dissostichus spp. imported into or exported from its territory be
accompanied by the export-validated Dissostichus catch document(s) and,
where appropriate, validated re-export document(s) that account for all
the Dissostichus spp. contained in the shipment.
9. An export-validated Dissostichus catch document issued in
respect of a vessel is one that:
(i) Includes all relevant information and signatures provided in
accordance with paragraphs A1 to A11 of Annex 10-05/A [170/A] to this
measure; and
(ii) Includes a signed and stamped certification by a responsible
official of the exporting State of the accuracy of the information
contained in the document.
10. Each Contracting Party shall ensure that its customs
authorities or other appropriate officials request and examine the
documentation of each shipment of Dissostichus spp. imported into or
exported from its territory to verify that it includes the export-
validated Dissostichus catch document(s) and, where appropriate,
validated re-export document(s) that account for all the Dissostichus
spp. contained in the shipment. These officials may also examine the
content of any shipment to verify the information contained in the
catch document or documents.
11. If, as a result of an examination referred to in paragraph 10
above, a question arises regarding the information contained in a
Dissostichus catch document or a re-export document the exporting State
whose national authority validated the document(s) and, as appropriate,
the Flag State whose vessel completed the document are called on to
cooperate with the importing State with a view to resolving such
question.
12. Each Contracting Party shall promptly provide by the most rapid
electronic means copies to the CCAMLR Secretariat of all export-
validated Dissostichus catch documents and, where relevant, validated
re-export documents that it issued from and received into its territory
and shall report annually to the Secretariat data, drawn from such
documents, on the origin and amount of Dissostichus spp. exported from
and imported into its territory.
13. Each Contracting Party, and any non-Contracting Party that
issues Dissostichus catch documents in respect of its flag vessels in
accordance with paragraph 5, shall inform the CCAMLR Secretariat of the
national authority or authorities (including names, addresses, phone
and fax numbers and email addresses) responsible for issuing and
validating Dissostichus catch documents.
14. Notwithstanding the above, any Contracting Party, or any non-
Contracting Party participating in the Catch Documentation Scheme, may
require additional verification of catch documents by Flag States by
using, inter alia, VMS, in respect of catches 1 taken on the
high seas outside the Convention Area, when landed at, imported into or
exported from its territory.
15. If a Contracting Party participating in the CDS has cause to
sell or dispose of seized or confiscated Dissostichus spp., it may
issue a Specially Validated Dissostichus Catch Document (SVDCD)
specifying the reasons for that validation. The SVDCD shall include a
statement describing the circumstances under which confiscated fish are
moving in trade. To the extent practicable, Parties shall ensure that
no financial benefit arising from the sale of seized or confiscated
catch accrue to the perpetrators of IUU fishing. If a Contracting Party
issues a SVDCD, it shall immediately report all such validations to the
Secretariat for conveying to all Parties and, as appropriate, recording
in trade statistics.
16. A Contracting Party may transfer all or part of the proceeds
from the sale of seized or confiscated Dissostichus spp. into the CDS
Fund created by the Commission or into a national fund which promotes
achievement of the objectives of the Convention. A Contracting Party
may, consistent with its domestic legislation, decline to provide a
market for toothfish offered for sale with a SVDCD by another State.
Provisions concerning the uses of the CDS Fund are found in Annex B.
1 Excluding by-catches of Dissostichus spp. by
trawlers fishing on the high seas outside the Convention Area. A by-
catch shall be defined as no more than 5% of total catch of all
species and no more than 50 tonnes for an entire fishing trip by a
vessel.
Annex 10-05/A [170/A]
A1. Each Flag State shall ensure that each Dissostichus catch
document form that it issues includes a specific identification number
consisting of:
(i) A four-digit number, consisting of the two-digit International
Standards Organization (ISO) country code plus the last two digits of
the year for which the form is issued; and
(ii) A three-digit sequence number (beginning with 001) to denote
the order in which catch document forms are issued.
It shall also enter on each Dissostichus catch document form the
number as appropriate of the licence or permit issued to the vessel.
A2. The master of a vessel which has been issued a Dissostichus
catch document form or forms shall adhere to the following procedures
prior to each landing or transhipment of Dissostichus spp.:
(i) The master shall ensure that the information specified in
paragraph 6 of
[[Page 77879]]
this conservation measure is accurately recorded on the Dissostichus
catch document form;
(ii) If a landing or transhipment includes catch of both
Dissostichus spp., the master shall record on the Dissostichus catch
document form the total amount of the catch landed or transhipped by
weight of each species;
(iii) If a landing or transhipment includes catch of Dissostichus
spp. taken from different statistical subareas and/or divisions, the
master shall record on the Dissostichus catch document form the amount
of the catch by weight of each species taken from each statistical
subarea and/or division and indicating whether the catch was caught in
an EEZ or on the high seas, as appropriate; and
(iv) The master shall convey to the Flag State of the vessel by the
most rapid electronic means available, the Dissostichus catch document
number, the dates within which the catch was taken, the species,
processing type or types, the estimated weight to be landed and the
area or areas of the catch, the date of landing or transhipment and the
port and country of landing or vessel of transhipment and shall request
from the Flag State, a Flag State confirmation number.
A3. If, for catches 1 taken in the Convention Area or on
the high seas outside the Convention Area, the Flag State verifies, by
the use of a VMS (as described in paragraphs 5 and 6 of Conservation
Measure 10-04 [148/XX]), the area fished and that the catch to be
landed or transhipped as reported by its vessel is accurately recorded
and taken in a manner consistent with its authorisation to fish, it
shall convey a unique Flag State confirmation number to the vessel's
master by the most rapid electronic means available. The Dissostichus
catch document will receive a confirmation number from the Flag State,
only when it is convinced that the information submitted by the vessel
fully satisfies the provisions of this conservation measure.
A4. The master shall enter the Flag State confirmation number on
the Dissostichus catch document form.
A5. The master of a vessel that has been issued a Dissostichus
catch document form or forms shall adhere to the following procedures
immediately after each landing or transhipment of Dissostichus spp.:
(i) In the case of a transhipment, the master shall confirm the
transhipment by obtaining the signature on the Dissostichus catch
document of the master of the vessel to which the catch is transferred;
(ii) In the case of a landing, the master or authorised
representative shall confirm the landing by obtaining a signed and
stamped certification on the Dissostichus catch document by a
responsible official at the port of landing or free trade zone;
(iii) In the case of a landing, the master or authorised
representative shall also obtain the signature on the Dissostichus
catch document of the individual that receives the catch at the port of
landing or free trade zone; and
(iv) In the event that the catch is divided upon landing, the
master or authorised representative shall present a copy of the
Dissostichus catch document to each individual that receives a part of
the catch at the port of landing or free trade zone, record on that
copy of the catch document the amount and origin of the catch received
by that individual and obtain the signature of that individual.
A6. In respect of each landing or transhipment, the master or
authorised representative shall immediately sign and convey by the most
rapid electronic means available a copy, or, if the catch landed was
divided, copies, of the signed Dissostichus catch document to the Flag
State of the vessel and shall provide a copy of the relevant document
to each recipient of the catch.
A7. The Flag State of the vessel shall immediately convey by the
most rapid electronic means available a copy or, if the catch was
divided, copies, of the signed Dissostichus catch document to the
CCAMLR Secretariat to be made available by the next working day to all
Contracting Parties.
A8. The master or authorised representative shall retain the
original copies of the signed Dissostichus catch document(s) and return
them to the Flag State no later than one month after the end of the
fishing season.
A9.The master of a vessel to which catch has been transhipped
(receiving vessel) shall adhere to the following procedures immediately
after landing of such catch in order to complete each Dissostichus
catch document received from transhipping vessels:
(i) The master of the receiving vessel shall confirm the landing by
obtaining a signed and stamped certification on the Dissostichus catch
document by a responsible official at the port of landing or free trade
zone;
(ii) The master of the receiving vessel shall also obtain the
signature on the Dissostichus catch document of the individual that
receives the catch at the port of landing or free trade zone; and
(iii) In the event that the catch is divided upon landing, the
master of the receiving vessel shall present a copy of the Dissostichus
catch document to each individual that receives a part of the catch at
the port of landing or free trade zone, record on that copy of the
catch document the amount and origin of the catch received by that
individual and obtain the signature of that individual.
A10. In respect of each landing of transhipped catch, the master or
authorised representative of the receiving vessel shall immediately
sign and convey by the most rapid electronic means available a copy of
all the Dissostichus catch documents, or if the catch was divided,
copies, of all the Dissostichus catch documents, to the Flag State(s)
that issued the Dissostichus catch document, and shall provide a copy
of the relevant document to each recipient of the catch. The Flag State
of the receiving vessel shall immediately convey by the most rapid
electronic means available a copy of the document to the CCAMLR
Secretariat to be made available by the next working day to all
Contracting Parties.
A11. For each shipment of Dissostichus spp. to be exported from the
country of landing, the exporter shall adhere to the following
procedures to obtain the necessary export validation of the
Dissostichus catch document(s) that account for all the Dissostichus
spp. contained in the shipment:
(i) The exporter shall enter on each Dissostichus catch document
the amount of each Dissostichus spp. reported on the document that is
contained in the shipment;
(ii) The exporter shall enter on each Dissostichus catch document
the name and address of the importer of the shipment and the point of
import;
(iii) The exporter shall enter on each Dissostichus catch document
the exporter's name and address, and shall sign the document; and
(iv) The exporter shall obtain a signed and stamped validation of
the Dissostichus catch document by a responsible official of the
exporting State.
A12. In the case of re-export, the re-exporter shall adhere to the
following procedures to obtain the necessary re-export validation of
the Dissostichus catch document(s) that account for all the
Dissostichus spp. contained in the shipment:
(i) The re-exporter shall supply details of the net weight of
product of all species to be re-exported, together with the
Dissostichus catch document number to which each species and product
relates;
(ii) The re-exporter shall supply the name and address of the
importer of the shipment, the point of import and the name and address
of the exporter;
[[Page 77880]]
(iii) The re-exporter shall obtain a signed and stamped validation
of the above details by the responsible official of the exporting State
on the accuracy of information contained in the document(s); and
(iv) The responsible official of the exporting state shall
immediately transmit by the most rapid electronic means a copy of the
re-export document to the Secretariat to be made available next working
day to all Contracting Parties.
The standard form for re-export is available on the CCAMLR Web
site, http://www.CCAMLR.org, or contact the Office of Sustainable
Fisheries at the National Marine Fisheries Service (phone Dean Swanson
at 301-713-2276).
\1\ Excluding by-catches of Dissostichus spp. by trawlers
fishing on the high seas outside the Convention Area. A by-catch
shall be defined as no more than 5% of total catch of all species
and no more than 50 tonnes for an entire fishing trip by a vessel.
Annex 10-05/B [170/B]
The Use of the CDS Fund
B1. The purpose of the CDS Fund (`the Fund') is to enhance the
capacity of the Commission in improving the effectiveness of the CDS
and by this, and other means, to prevent, deter and eliminate IUU
fishing in the Convention Area.
B2. The Fund will be operated according to the following
provisions:
(i) The Fund shall be used for special projects, or special needs
of the Secretariat if the Commission so decides, aimed at assisting the
development and improving the effectiveness of the CDS. The Fund may
also be used for special projects and other activities contributing to
the prevention, deterrence and elimination of IUU fishing in the
Convention Area, and for other such purposes as the Commission may
decide.
(ii) The Fund shall be used primarily for projects conducted by the
Secretariat, although the participation of Members in these projects is
not precluded. While individual Member projects may be considered, this
shall not replace the normal responsibilities of Members of the
Commission. The Fund shall not be used for routine Secretariat
activities.
(iii) Proposals for special projects may be made by Members, by the
Commission or the Scientific Committee and their subsidiary bodies, or
by the Secretariat. Proposals shall be made to the Commission in
writing and be accompanied by an explanation of the proposal and an
itemised statement of estimated expenditure.
(iv) The Commission will, at each annual meeting, designate six
Members to serve on a Review Panel to review proposals made
intersessionally and to make recommendations to the Commission on
whether to fund special projects or special needs. The Review Panel
will operate by email intersessionally and meet during the first week
of the Commission's annual meeting.
(v) The Commission shall review all proposals and decide on
appropriate projects and funding as a standing agenda item at its
annual meeting.
(vi) The Fund may be used to assist Acceding States and non-
Contracting Parties that wish to cooperate with CCAMLR and participate
in the CDS, so long as this use is consistent with provisions (i) and
(ii) above. Acceding States and non-Contracting Parties may submit
proposals if the proposals are sponsored by, or in cooperation with, a
Member.
(vii) The Financial Regulations of the Commission shall apply to
the Fund, except in so far as these provisions provide or the
Commission decides otherwise.
(viii) The Secretariat shall report to the annual meeting of the
Commission on the activities of the Fund, including its income and
expenditure. Annexed to the report shall be reports on the progress of
each project being funded by the Fund, including details of the
expenditure on each project. The report will be circulated to Members
in advance of the annual meeting.
(ix) Where an individual Member project is being funded according
to provision (ii), that Member shall provide an annual report on the
progress of the project, including details of the expenditure on the
project. The report shall be submitted to the Secretariat in sufficient
time to be circulated to Members in advance of the annual meeting. When
the project is completed, that Member shall provide a final statement
of account certified by an auditor acceptable to the Commission.
(x) The Commission shall review all ongoing projects at its annual
meeting as a standing agenda item and reserves the right, after notice,
to cancel a project at any time should it decide that it is necessary.
Such a decision shall be exceptional, and shall take into account
progress made to date and likely progress in the future, and shall in
any case be preceded by an invitation from the Commission to the
project coordinator to present a case for continuation of funding.
(xi) The Commission may modify these provisions at any time.
Conservation Measure 10-06 (2002) [S01/XXI]
Scheme To Promote Compliance by Contracting Party Vessels With CCAMLR
Conservation Measures
The Commission,
Convinced that illegal, unregulated and unreported (IUU) fishing
compromises the primary objectives of the Convention,
Aware that a significant number of vessels registered to Parties
and non-Parties are engaged in fishing operations in the Convention
Area in a manner which diminishes the effectiveness of CCAMLR
conservation measures,
Recalling that Parties are required to cooperate in taking
appropriate action to deter any fishing activities which are not
consistent with the objective of the Convention,
Resolved to reinforce its integrated administrative and political
measures aimed at eliminating IUU fishing in the Convention Area,
hereby adopts the following conservation measure in accordance with
Article IX.2(i) of the Convention:
1. At each annual meeting, the Commission will identify those
Contracting Parties whose vessels have engaged in fishing activities in
the Convention Area in a manner which has diminished the effectiveness
of CCAMLR conservation measures in force, and shall establish a list of
such vessels (IUU Vessel List), in accordance with the procedures and
criteria set out hereafter.
2. This identification shall be documented, inter alia, on reports
relating to the application of Conservation Measure 10-03 [147/XXI],
trade information obtained on the basis of the implementation of
Conservation Measure 10-05 [170/XXI] and relevant trade statistics such
as FAO and other national or international verifiable statistics, as
well as any other information obtained from Port States and/or gathered
from the fishing grounds which is suitably documented.
3. For the purposes of this conservation measure, the Contracting
Parties are considered as having carried out fishing activities that
have diminished the effectiveness of the conservation measures adopted
by the Commission if:
(a) The Parties do not ensure compliance by their vessels with the
conservation measures adopted by the Commission and in force, in
respect of the fisheries in which they participate that are placed
under the competence of CCAMLR; and
(b) Their vessels are repeatedly included in the CCAMLR List of
[[Page 77881]]
Contracting Party vessels identified as carrying out IUU fishing
activities in accordance with the criteria and procedures established
in this conservation measure.
4. In order to establish the IUU Vessel List, evidence, gathered in
accordance with paragraph 2, shall be required that fishing vessels
flying the flag of the Contracting Party concerned have:
(a) Engaged in fishing activities in the CCAMLR Convention Area
without a licence issued in accordance with Conservation Measure 10-02
[119/XX], or in violation of the conditions under which such licence
would have been issued in relation to authorised areas, species and
time periods; or
(b) Did not record or did not declare their catches made in the
CCAMLR Convention Area in accordance with the reporting system
applicable to the fisheries they engaged in, or made false
declarations; or
(c) Fished during closed fishing periods or in closed areas in
contravention of CCAMLR conservation measures; or
(d) Used prohibited gear in contravention of applicable CCAMLR
conservation measures; or
(e) Transhipped or participated in joint fishing operations with
other vessels identified by CCAMLR as carrying out IUU fishing
activities (i.e. on the IUU Vessel List or in Conservation Measure 10-
07 [118/XXI]); or
(f) Engaged in fishing activities in a manner that undermines the
attainment of the objectives of the Convention in waters adjacent to
islands within the area to which the Convention applies over which the
existence of State sovereignty is recognised by all Contracting
Parties, in the terms of the statement made by the Chairman on 19 May
1980; or
(g) Engaged in fishing activities contrary to any other CCAMLR
conservation measures in a manner that undermines the attainment of the
objectives of the Convention according to Article XXII of the
Convention.
5. The Executive Secretary shall, before 30 April of each year,
draw up a draft list of Contracting Party vessels that, on the basis of
the information gathered in accordance with paragraph 2, the criteria
defined in paragraph 4, and any other information that the Secretariat
might have obtained in relation thereto, might be presumed to have
carried out IUU fishing activities in the CCAMLR Convention area during
the previous season. The List shall be distributed immediately to the
Contracting Parties concerned.
6. Contracting Parties whose vessels are included in the draft list
established by the Secretariat will transmit before 30 June to CCAMLR,
their comments, as appropriate, including verifiable VMS data and other
supporting information showing that the vessels listed have neither
engaged in fishing activities in contravention of CCAMLR conservation
and management measures nor had the possibility of being engaged in
fishing activities in the Convention Area.
7. On the basis of the information received pursuant to paragraph
6, the Executive Secretary shall distribute the draft list and all
comments received as a Provisional IUU Vessel List, which shall be
transmitted before 31 July to all Contracting Parties together with all
the comments and supporting information provided.
8. Contracting Parties may at any time submit to the Executive
Secretary any additional information, which might be relevant for the
establishment of the IUU Vessel List. The Executive Secretary shall
circulate the information at the latest 30 days before the annual
meeting to all Contracting Parties together with all the evidence
provided.
9. The Standing Committee on Inspection and Compliance (SCIC) shall
examine, each year, the Provisional IUU Vessel List as well as the
comments and information received, and any further information provided
during its annual deliberations which may be considered relevant to
this review.
10. SCIC shall recommend that the Commission should remove vessels
from the Provisional IUU Vessel List if the Contracting Party proves
that:
(a) The vessel did not take part in IUU fishing activities
described in paragraph 1; or
(b) It has taken effective action in response to the IUU fishing
activities in question, including prosecution and imposition of
sanctions of adequate severity; or
(c) The vessel has changed ownership and that the new owner can
establish the previous owner no longer has any legal, financial, or
real interests in the vessel, or exercises control over it and that the
new owner has not participated in IUU fishing; or
(d) The Contracting Party has taken measures considered sufficient
to ensure the granting of the right to the vessel to fly its flag will
not result in IUU fishing.
11. Following the examination referred to in paragraph 9, SCIC
shall submit to the Commission for approval, a proposed IUU Vessel
List.
12. On approval of the IUU Vessel List, the Commission shall
request Contracting Parties whose vessels appear thereon to take all
necessary measures to address these IUU fishing activities, including
if necessary, the withdrawal of the registration or of the fishing
licences of these vessels, the nullification of the relevant catch
documents and denial of further access to the CDS, and to inform the
Commission of the measures taken in this respect.
13. The Executive Secretary, SCIC and the Commission shall
undertake the procedures established in paragraphs 5 to 12 each year in
respect of adding or removing vessels from the IUU Vessel List.
14. Contacting Parties shall take all necessary measures, to the
extent possible in accordance with their applicable legislation, in
order that:
(a) The issuance of a licence to vessels appearing in the IUU
Vessel List to fish in the Convention Area is prohibited;
(b) The issuance of a licence to vessels included in the IUU Vessel
List to fish in waters under their fisheries jurisdiction is
prohibited;
(c) Fishing vessels, support vessels, mother-ships and cargo
vessels flying their flag do not participate in any transhipment or
joint fishing operations with vessels registered on the IUU Vessel
List;
(d) Vessels appearing in the IUU Vessel List that enter ports
voluntarily are not authorised to land or tranship therein and are
inspected in accordance with Conservation Measure 10-03 [147/XXI] on so
entering;
(e) The chartering of vessels included in the IUU Vessel List is
prohibited;
(f) Granting of their flag to vessels appearing in the IUU Vessel
List is refused;
(g) Imports of Dissostichus spp. from vessels included in the IUU
Vessel List are prohibited;
(h) ``Export or Re-export Government Authority Validation'' is not
verified when the shipment (of Dissostichus spp.) is declared to have
been caught by any vessel included in the IUU Vessel List;
(i) Importers, transporters and other sectors concerned, are
encouraged to refrain from negotiating and from transhipping of fish
caught by vessels appearing in the IUU Vessel List; and
(j) Any appropriate information which is suitably documented is
collected and exchanged with other Contracting Parties or cooperating
non-Contracting Parties, entities or fishing entities with the aim of
detecting, controlling and preventing the use of false import/export
certificates regarding fish from vessels appearing in the IUU Vessel
List.
15. The Executive Secretary shall place the IUU Vessel List
approved by
[[Page 77882]]
the Commission on a secure section of the CCAMLR website.
16. Without prejudice to the rights of Flag States and Coastal
States to take proper action consistent with international law,
Contracting Parties should not take any trade measures or other
sanctions which are inconsistent with their international obligations
against vessels using as the basis for the action the fact that the
vessel or vessels have been included in the draft list drawn up by the
Secretariat, pursuant to paragraph 5.
17. The Chair of the Commission shall request the Contracting
Parties identified pursuant to paragraph 1 to take all necessary
measures to avoid diminishing the effectiveness of the CCAMLR
conservation measures resulting from their vessels' activities, and to
advise the Commission of actions taken in that regard.
18. The Commission shall review, at subsequent annual meetings, as
appropriate, action taken by those Contracting Parties to which
requests have been made pursuant to paragraph 17, and identify those
which have not rectified their fishing activities.
19. The Commission shall decide appropriate measures to be taken in
respect to Dissostichus spp. so as to address these issues with those
identified Contracting Parties. In this respect, Contracting Parties
may cooperate to adopt appropriate multilaterally agreed trade-related
measures, consistent with the World Trade Organization (WTO), that may
be necessary to prevent, deter and eliminate the IUU fishing activities
identified by the Commission. Multilateral trade-related measures may
be used to support cooperative efforts to ensure that trade in
Dissostichus spp. and its products does not in any way encourage IUU
fishing or otherwise undermine the effectiveness of CCAMLR's
conservation measures which are consistent with the United Nations
Convention on the Law of the Sea 1982.
Conservation Measure 10-07 (2002) [118/XXI]
Scheme To Promote Compliance by Non-Contracting Party Vessels With
CCAMLR Conservation Measures
1. The Contracting Parties request non-Contracting Parties to
cooperate fully with the Commission with a view to ensuring that the
effectiveness of CCAMLR conservation measures is not undermined.
2. At each annual meeting the Commission shall identify those non-
Contracting Parties whose vessels are engaged in illegal, unregulated
and unreported (IUU) fishing activities in the Convention Area that
threaten to undermine the effectiveness of CCAMLR conservation
measures, and shall establish a list of such vessels (IUU Vessel List),
in accordance with the procedures and criteria set out hereafter.
3. A non-Contracting Party vessel which has been sighted engaging
in fishing activities in the Convention Area or which has been denied
port access, landing or transhipment in accordance with Conservation
Measure 10-03 [147/XXI] is presumed to be undermining the effectiveness
of CCAMLR conservation measures. In the case of any transhipment
activities involving a sighted non-Contracting Party vessel inside or
outside the Convention Area, the presumption of undermining the
effectiveness of CCAMLR conservation measures applies to any other non-
Contracting Party vessel which has engaged in such activities with that
vessel.
4. When the non-Contracting Party vessel referred to in paragraph 2
enters a port of any Contracting Party, it shall be inspected by
authorised Contracting Party officials in accordance with Conservation
Measure 10-03 [147/XXI] and shall not be allowed to land or tranship
any fish species subject to CCAMLR conservation measures it might be
holding on board unless the vessel establishes that the fish were
caught in compliance with all relevant CCAMLR conservation measures and
requirements under the Convention.
5. The Contracting Party which sights the non-Contracting Party
vessel or denies it port access, landing or transhipment under
paragraph 2 shall attempt to inform the vessel it is presumed to be
undermining the objective of the Convention and that this information
will be distributed to all Contracting Parties and to the Secretariat,
and to the Flag State of the vessel.
6. Information regarding such sightings or denial of port access,
landings or transhipments, and the results of all inspections conducted
in the ports of Contracting Parties, and any subsequent action shall be
transmitted immediately to the Commission in accordance with Article
XXII of the Convention. The Secretariat shall transmit this information
to all Contracting Parties, within one business day of receiving this
information, and to the Flag State of the sighted vessel as soon as
possible. At this time, the Secretariat shall, in consultation with the
Chair of the Commission, request the Flag State concerned that, where
appropriate, measures be taken in accordance with its applicable laws
and regulations to ensure that the vessel or vessels in question desist
from any activities that undermine the effectiveness of CCAMLR
conservation measures, and that the Flag State report back to CCAMLR on
the results of such enquiries and/or on the measures it has taken in
respect of the vessel or vessels concerned.
7. Contracting Parties may at any time submit to the Executive
Secretary any additional information, which might be relevant for the
identification of non-Contracting Party vessels that might be carrying
out IUU fishing activities in the Convention Area.
8. The Standing Committee on Inspection and Compliance (SCIC) shall
review the information received pursuant to paragraphs 3, 4 and 5, and
any other information provided during its annual deliberations which
may be considered relevant to this review.
9. Following the review referred to in paragraph 6, SCIC shall
submit to the Commission for approval, a proposed IUU Vessel List.
10. The Executive Secretary, SCIC and the Commission shall
undertake each year the procedures set out in this conservation measure
in respect of adding or removing vessels from the IUU Vessel List. In
this regard, SCIC shall recommend that the Commission removes vessels
from the list approved in a previous annual meeting if the relevant
Flag State satisfies the Commission that:
(a) The vessel did not take part in IUU fishing activities
described in paragraph 1; or
(b) It has taken effective action in response to the IUU fishing
activities in question, including prosecution and imposition of
sanctions of adequate severity; or
(c) The vessel has changed ownership and that the new owner can
establish the previous owner no longer has any legal, financial, or
real interests in the vessel, or exercises control over it and that the
new owner has not participated in IUU fishing; or
(d) The Flag State has taken measures considered sufficient to
ensure the granting of the right to the vessel to fly its flag will not
result in IUU fishing.
11. Contracting Parties shall take all necessary measures, to the
extent possible in accordance with their applicable legislation, in
order that:
(a) The issuance of a licence to vessels included in the IUU Vessel
List to fish in waters under their fisheries jurisdiction is
prohibited;
(b) Fishing vessels, support vessels, mother-ships and cargo
vessels flying their flag do not participate in any
[[Page 77883]]
transhipment or joint fishing operations with vessels registered in the
IUU Vessel List;
(c) Vessels appearing in the IUU Vessel List that enter ports are
not authorised to land or tranship therein and are inspected in
accordance with Conservation Measure 10-03 [147/XXI] on so entering;
(d) The chartering of vessels included in the IUU Vessel List is
prohibited;
(e) Granting of their flag to vessels appearing in the IUU Vessel
List is refused;
(f) Imports of Dissostichus spp. from vessels included in the IUU
Vessel List are prohibited;
(g) ``Export or Re-export Government Authority Validation'' is not
verified when the shipment (of Dissostichus spp.) is declared to have
been caught by any vessel included in the IUU Vessel List;
(h) Importers, transporters and other sectors concerned, are
encouraged to refrain from negotiating and from transhipping of fish
caught by vessels appearing in the IUU Vessel List; and
(i) Any appropriate information is collected and exchanged with
other Contracting Parties or cooperating non-Contracting Parties,
entities or fishing entities with the aim of detecting, controlling and
preventing the use of false import/export certificates regarding fish
from vessels appearing in the IUU Vessel List.
12. The Executive Secretary shall place the IUU Vessel List on a
secure section of the CCAMLR website.
13. The Commission shall request those non-Contracting Parties
identified pursuant to paragraph 1, to immediately take steps to
address the IUU fishing activities of the vessels flying their flag
that have been included in the IUU Vessel List, including if necessary,
the withdrawal of the registration or of the fishing licences of these
vessels, the nullification of the relevant catch documents and denial
of further access to the Catch Documentation Scheme for Dissostichus
spp. (CDS), and to inform the Commission of the measures taken in this
respect.
14. Contracting Parties shall jointly and/or individually request
non-Contracting Parties identified pursuant to paragraph 1, to
cooperate fully with the Commission in order to avoid undermining the
effectiveness of conservation measures adopted by the Commission.
15. The Commission shall review, at subsequent annual meetings as
appropriate, actions taken by those non-Contracting Parties identified
pursuant to paragraph 1 to which requests have been made pursuant to
paragraphs 13 and 14, and identify those which have not rectified their
fishing activities.
16. The Commission shall decide appropriate measures to be taken in
respect to Dissostichus spp. so as to address these issues with those
identified non-Contracting Parties. In this respect, non-Contracting
Parties may cooperate to adopt appropriate multilaterally agreed trade-
related measures, consistent with the World Trade Organization (WTO),
that may be necessary to prevent, deter and eliminate the IUU fishing
activities identified by the Commission. Multilateral trade-related
measures may be used to support cooperative efforts to ensure that
trade in Dissostichus spp. and its products does not in any way
encourage IUU fishing or otherwise undermine the effectiveness of
CCAMLR's conservation measures which are consistent with the United
Nations Convention on the Law of the Sea 1982.
Conservation Measure 21-01 (2002) \1, 2\ [31/XXI]
Notification That Members Are Considering Initiating a New Fishery
The Commission,
Recognising that in the past, Antarctic fisheries have been
initiated in the Convention Area before sufficient information was
available upon which to base management advice,
Noting that in recent years new fisheries have started without
adequate information being available to evaluate either the fishery
potential or the possible impacts on the target stocks or species
dependent on them,
Believing that without prior notification of a new fishery, the
Commission is unable to fulfil its function under Article IX,
hereby adopts the following conservation measure in accordance with
Article IX of the Convention:
1. A new fishery, for the purposes of this conservation measure, is
a fishery on a species using a particular fishing method in a
statistical subarea for which:
(i) Information on distribution, abundance, demography, potential
yield and stock identity from comprehensive research/surveys or
exploratory fishing have not been submitted to CCAMLR; or
(ii) Catch and effort data have never been submitted to CCAMLR; or
(iii) Catch and effort data from the two most recent seasons in
which fishing occurred have not been submitted to CCAMLR.
2. A Member intending to develop a new fishery shall notify the
Commission not less than three months in advance of the next regular
meeting of the Commission, where the matter shall be considered. The
Member shall not initiate a new fishery pending the process specified
in paragraphs 5 and 6 below.
3. The notification shall be accompanied by as much of the
following information as the Member is able to provide:
(i) The nature of the proposed fishery including target species,
methods of fishing, proposed region and any minimum level of catches
that would be required to develop a viable fishery;
(ii) Biological information from comprehensive research/survey
cruises, such as distribution, abundance, demographic data and
information on stock identity;
(iii) Details of dependent and associated species and the
likelihood of them being affected by the proposed fishery; and
(iv) Information from other fisheries in the region or similar
fisheries elsewhere that may assist in the valuation of potential
yield.
4. New fisheries shall be open only to those vessels that are
equipped and configured so that they can comply with all relevant
conservation measures. A vessel with a confirmed involvement in
illegal, unregulated or unreported fishing in respect of Conservation
Measures 10-06 and 10-07 [S01/XXI and 118/XXI] shall not be permitted
to participate in new fisheries.
5. The information provided in accordance with paragraph 3,
together with any other relevant information, shall be considered by
the Scientific Committee, which shall then advise the Commission.
6. After its review of the information on the proposed new fishery,
taking full account of the recommendations and the advice of the
Scientific Committee, the Commission may then take such action as it
deems necessary.
\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
Conservation Measure 21-02 (2002) \1, 2\ [65/XXI]
Exploratory Fisheries
The Commission,
Recognising that in the past, some Antarctic fisheries had been
initiated and subsequently expanded in the Convention Area before
sufficient information was available upon which to base management
advice, and
Agreeing that exploratory fishing should not be allowed to expand
faster than the acquisition of information
[[Page 77884]]
necessary to ensure that the fishery can and will be conducted in
accordance with the principles set forth in Article II,
hereby adopts the following conservation measure in accordance with
Article IX of the Convention:
1. For the purposes of this conservation measure, exploratory
fisheries are defined as follows:
(i) An exploratory fishery shall be defined as a fishery that was
previously classified as a ``new fishery'', as defined by Conservation
Measure 21-01 [31/XXI];
(ii) An exploratory fishery shall continue to be classified as such
until sufficient information is available:
(a) To evaluate the distribution, abundance, and demography of the
target species, leading to an estimate of the fishery's potential
yield;
(b) To review the fishery's potential impacts on dependent and
related species; and
(c) To allow the Scientific Committee to formulate and provide
advice to the Commission on appropriate harvest catch levels, as well
as effort levels and fishing gear, where appropriate.
2. To ensure that adequate information is made available to the
Scientific Committee for evaluation, during the period when a fishery
is classified as exploratory:
(i) The Scientific Committee shall develop (and update annually as
appropriate) a Data Collection Plan, which will identify the data
needed and describe the actions necessary to obtain the relevant data
from the exploratory fishery;
(ii) Each Member active in the fishery shall annually (by the
specified date) submit to CCAMLR the data specified by the Data
Collection Plan developed by the Scientific Committee;
(iii) Each Member active in the fishery or intending to authorise a
vessel to enter the fishery shall annually prepare and submit to CCAMLR
by a specified date a Research and Fishery Operations Plan for review
by the Scientific Committee and the Commission;
(iv) Prior to any Member authorising its vessels to enter an
exploratory fishery that is already in progress, that Member shall
notify the Commission not less than three months in advance of the next
regular meeting of the Commission, and the Member shall not enter the
exploratory fishery until the conclusion of that meeting;
(v) If the data specified in the Data Collection Plan have not been
submitted to CCAMLR for the most recent season in which fishing
occurred, continued exploratory fishing by the Member which failed to
report its data shall be prohibited until the relevant data have been
submitted to CCAMLR and the Scientific Committee has been allowed an
opportunity to review the data;
(vi) Fishing capacity and effort shall be limited by a
precautionary catch limit at a level not substantially above that
necessary to obtain the information specified in the Data Collection
Plan and required to make the evaluations outlined in paragraph 1(ii);
(vii) The name, type, size, registration number, and radio call
sign of each vessel participating in the exploratory fishery shall be
registered with the CCAMLR Secretariat at least three months in advance
of starting fishing each season; and
(viii) Each vessel participating in the exploratory fishery shall
carry a scientific observer to ensure that data are collected in
accordance with the agreed Data Collection Plan, and to assist in
collecting biological and other relevant data.
3. The Data Collection Plan to be formulated and updated by the
Scientific Committee shall include, where appropriate:
(i) A description of the catch, effort, and related biological,
ecological, and environmental data required to undertake the
evaluations described in paragraph 1(ii), and the date by which such
data are to be reported annually to CCAMLR;
(ii) A plan for directing fishing effort during the exploratory
phase to permit the acquisition of relevant data to evaluate the
fishery potential and the ecological relationships among harvested,
dependent, and related populations and the likelihood of adverse
impacts; and
(iii) An evaluation of the time-scales involved in determining the
responses of harvested, dependent and related populations to fishing
activities.
4. Research and Fisheries Operations Plans to be prepared by
Members participating or intending to participate in the exploratory
fishery shall include as much of the following information as the
Member is able to provide:
(i) A description of how the Member's activities will comply with
the Data Collection Plan developed by the Scientific Committee;
(ii) The nature of the exploratory fishery, including target
species, methods of fishing, proposed region and maximum catch levels
proposed for the forthcoming season;
(iii) Biological information from comprehensive research/survey
cruises, such as distribution, abundance, demographic data, and
information on stock identity;
(iv) Details of dependent and related species and the likelihood of
them being affected by the proposed fishery; and
(v) Information from other fisheries in the region or similar
fisheries elsewhere that may assist in the evaluation of potential
yield.
5. Exploratory fisheries shall be open only to those vessels that
are equipped and configured so that they can comply with all relevant
conservation measures. A vessel with a confirmed involvement in
illegal, unregulated or unreported fishing in respect of Conservation
Measures 10-06 and 10-07 [S01/XXI and 118/XXI] shall not be permitted
to participate in exploratory fisheries.
\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
Conservation Measure 23-06 (2002) [F21/XXI]
Data Reporting System for Krill Fisheries
1. This conservation measure is invoked by the conservation
measures to which it is attached.
2. Catches shall be reported to the Commission on a monthly basis.
3. At the end of each fishing season each Contracting Party shall
obtain from each of its vessels the data required to complete the
CCAMLR fine-scale catch and effort data form (trawl fisheries Form C1).
It shall aggregate these data by 10 x 10 n mile rectangle and 10-day
period, and transmit those data in the specified format to the
Executive Secretary not later than 1 April of the following year.
4. For the purposes of the fine-scale data the calendar month shall
be divided into three 10-day reporting periods, viz: day 1 to day 10,
day 11 day 20, day 21 to the last day of the month. These 10-day
reporting periods are hereinafter referred to as periods A, B and C.
Conservation Measure 24-01 (2002) \1, 2\ [64/XXI]
The Application of Conservation Measures to Scientific Research
This conservation measure governs the application of conservation
measures to scientific research and is adopted in accordance with
Article IX of the Convention.
1. General application:
(a) Catches taken by any vessel for research purposes will be
considered as part of any catch limits in force for each species taken,
and shall be reported to CCAMLR as part of the annual STATLANT returns.
[[Page 77885]]
(b) The CCAMLR within-season catch and effort reporting systems
shall apply whenever the catch within a specified reporting period
exceeds five tonnes, unless more specific regulations apply to the
particular species.
2. Application to vessels taking less than 50 tonnes of finfish
including no more than the amounts specified for finfish taxa in Annex
24-01/B [64/B] and less than 0.1% of a given catch limit for non-
finfish taxa indicated in Annex 24-01/B [64/B]:
(a) Any Member planning to use a vessel for research purposes when
the estimated catch is as above shall notify the Secretariat of the
Commission which in turn will notify all Members immediately. This
notification shall be included in the Members' Activities Reports.
(b) Vessels to which the provisions of paragraph 2(a) above apply,
shall be exempt from conservation measures relating to mesh size
regulations, prohibition of types of gear, closed areas, fishing
seasons and size limits, and reporting system requirements other than
those specified in paragraphs 1(a) and (b) above.
3. Application to vessels taking more than 50 tonnes of finfish or
more than the amounts specified for finfish taxa in Annex 24-01/B [64/
B] or more than 0.1% of a given catch limit for non-finfish taxa
indicated in Annex 24-01/B [64/B]:
(a) Any Member planning to use any type of vessel to conduct
fishing for research purposes when the estimated catch is as above,
shall notify the Commission and provide the opportunity for other
Members to review and comment on its research plan. The plan shall be
provided to the Secretariat for distribution to Members at least six
months in advance of the planned starting date for the research. In the
event of any request for a review of such plan being lodged within two
months of its circulation, the Executive Secretary shall notify all
Members and submit the plan to the Scientific Committee for review.
Based on the submitted research plan and any advice provided by the
appropriate working group, the Scientific Committee will provide advice
to the Commission where the review process will be concluded. Until the
review process is complete the planned fishing for research purposes
shall not proceed.
(b) Research plans shall be reported in accordance with the
standardised guidelines and formats adopted by the Scientific
Committee, available on the CCAMLR Web site at http://www.ccamlr.org or
from the Southwest Fisheries Science Center of the National Marine
Fisheries Service (call (858) 546-5600).
(c) A summary of the results of any research subject to these
provisions shall be provided to the Secretariat within 180 days of the
completion of the research fishing. A full report shall be provided
within 12 months.
(d) Catch and effort data resulting from research fishing in
accordance with paragraph (a) above, should be reported to the
Secretariat according to the haul-by-haul reporting format for research
vessels (C4).
\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
Annex 24-01/B [64/B]
Taxa-Specific Schedule for Notification of Research Vessel Activity
------------------------------------------------------------------------
Taxon Expected catch
------------------------------------------------------------------------
(a) Thresholds for finfish taxa: 10 tonnes.
Dissostichus spp.
(b) Non-finfish taxa for which a catch
threshold of 0.1% of the catch limit
for a given area would apply: Krill,
Squid, Crabs.
------------------------------------------------------------------------
Conservation Measure 24-02 (2002) [216/XXI]
Experimental Line-Weighting Trials
In respect of fisheries in Statistical Subareas 48.6 south of
60[deg]S, 88.1 and 88.2 and Division 58.4.2, paragraph 3 of
Conservation Measure 25-02 [29/XXI] shall not apply only where a vessel
can demonstrate prior to licensing for this fishery its ability to
fully comply with either of the following experimental protocols.
Protocol A
A1. The vessel shall, under observation by a scientific observer:
(i) Set a minimum of five longlines with a minimum of four Time
Depth Recorders (TDR) on each line;
(ii) Randomise TDR placement on the longline within and between
sets;
(iii) Calculate an individual sink rate for each TDR when returned
to the vessel, where:
(a) The sink rate shall be measured as an average of the time taken
to sink from the surface (0m) to 15 m; and
(b) This sink rate shall be at a minimum rate of 0.3 m/s;
(iv) If the minimum sink rate is not achieved at all 20 sample
points, repeat the test until such time as a total of 20 tests with a
minimum sink rate of 0.3 m/s are recorded; and
(v) All equipment and fishing gear used in the tests is to be the
same as that to be used in the Convention Area.
A2. During fishing, for a vessel to maintain the exemption to
night-time setting requirements, continuous line sink monitoring shall
be undertaken by the CCAMLR scientific observer. The vessel shall
cooperate with the CCAMLR observer who shall:
(i) Aim to place a TDR on every longline set during the observer's
shift;
(ii) Every seven days place all available TDRs on a single longline
to determine any sink rate variation along the line;
(iii) Randomise TDR placement on the longline within and between
sets;
(iv) Calculate an individual rate for each TDR when returned to the
vessel; and
(v) Measure the sink rate as an average of the time taken to sink
from the surface (0 m) to 15 m.
A3. The vessel shall:
(i) Ensure the average sink rate is at a minimum of 0.3 m/s;
(ii) Report daily to the fishery manager; and
(iii) Ensure that data collected from line sink trials is recorded
in the approved format and submitted to the fishery manager at the
conclusion of the season.
Protocol B
B1. The vessel shall, under observation by a scientific observer:
(i) Set a minimum of five longlines of the maximum length to be
used in the Convention Area with a minimum of four bottle tests (see
paragraphs B5 to B9) on the middle one-third of the longline;
(ii) Randomise bottle test placement on the longline within and
between sets, noting that all tests should be applied halfway between
weights;
(iii) Calculate an individual sink rate for each bottle test, where
the sink rate shall be measured as the time taken for the longline to
sink from the surface (0 m) to 10 m;
(iv) This sink rate shall be at a minimum rate of 0.3 m/s;
(v) If the minimum sink rate is not achieved at all 20 sample
points (four tests on five lines), continue testing until such time as
a total of 20 tests with a minimum sink rate of 0.3 m/s are recorded;
and
(vi) All equipment and fishing gear used in the tests is to be to
the same specifications as that to be used in the Convention Area.
B2. During fishing, for a vessel to maintain the exemption to
paragraph 3 of Conservation Measure 25-02 [29/XXI], regular line sink
rate monitoring
[[Page 77886]]
shall be undertaken by the CCAMLR scientific observer. The vessel shall
cooperate with the CCAMLR observer who shall:
(i) Aim to conduct a bottle test on every longline set during the
observer's shift, noting that the test should be undertaken on the
middle one-third of the line;
(ii) Every seven days place at least four bottle tests on a single
longline to determine any sink rate variation along the line;
(iii) Randomise bottle test placement on the longline within and
between sets, noting that all tests should be applied halfway between
weights;
(iv) Calculate an individual sink rate for each bottle test; and
(v) Measure the line sink rate as the time taken for the line to
sink from the surface (0 m) to 10 m.
B3. The vessel shall whilst operating under this exemption:
(i) Ensure that all longlines are weighted to achieve a minimum
line sink rate of 0.3 m/s at all times;
(ii) Report daily to its national agency on the achievement of this
target; and
(iii) Ensure that data collected from line sink rate monitoring are
recorded in the approved format and submitted to the relevant national
agency at the conclusion of the season.
B4. A bottle test is to be conducted as described below.
Bottle Set Up
B5. 10 m of 2 mm multifilament nylon snood twine, or equivalent, is
securely attached to the neck of a 750 ml plastic bottle \1\ (buoyancy
about 0.7 kg) with a longline clip attached to the other end. The
length measurement is taken from the attachment point (terminal end of
the clip) to the neck of the bottle, and should be checked by the
observer every few days.
B6. Reflective tape should be wrapped around the bottle to allow it
to be observed at night. A piece of waterproof paper with a unique
identifying number large enough to be read from a few metres away
should be placed inside the bottle.
Test
B7. The bottle is emptied of water, the stopper is left open and
the twine is wrapped around the body of the bottle for setting. The
bottle with the encircled twine is attached to the longline \2\, midway
between weights (the attachment point).
B8. The observer records the time at which the attachment point
enters the water as t1 in seconds. The time at which the
bottle is observed to be pulled completely under is recorded as
t2 in seconds \3\. The result of the test is calculated as
follows:
Line sink rate = 10 / (t2--t1)
B9. The result should be equal to or greater than 0.3 m/s. These
data are to be recorded in the space provided in the electronic
observer logbook.
\1\ A plastic water bottle that has a hard plastic screw-on
`stopper' is needed. The stopper of the bottle is left open so that
the bottle will fill with water after being pulled under water. This
allows the plastic bottle to be re-used rather than being crushed by
water pressure. \2\ On autolines attach to the backbone; on the
Spanish longline system attach to the hookline. \3\ Binoculars will
make this process easier to view, especially in foul weather.
Conservation Measure 25-02 (2002) 1,2 [29/XXI]
Minimisation of the Incidental Mortality of Seabirds in the Course of
Longline Fishing or Longline Fishing Research in the Convention Area
The Commission,
Noting the need to reduce the incidental mortality of seabirds
during longline fishing by minimising their attraction to fishing
vessels and by preventing them from attempting to seize baited hooks,
particularly during the period when the lines are set,
Adopts the following measures to reduce the possibility of
incidental mortality of seabirds during longline fishing.
1. Fishing operations shall be conducted in such a way that the
baited hooks sink as soon as possible after they are put in the water.
Only thawed bait shall be used.
2. For vessels using the Spanish method of longline fishing,
weights should be released before line tension occurs; weights of at
least 8.5 kg mass shall be used, spaced at intervals of no more than 40
m, or 6 kg mass shall be used, spaced at intervals of no more than 20
m.
3. Longlines shall be set at night only (i.e. during the hours of
darkness between the times of nautical twilight \3\)\4\. During
longline fishing at night, only the minimum ship's lights necessary for
safety shall be used.
4. The dumping of offal is prohibited while longlines are being
set. The dumping of offal during the haul shall be avoided. Any such
discharge shall take place only on the opposite side of the vessel to
that where longlines are hauled. For vessels or fisheries where there
is not a requirement to retain offal on board the vessel, fish hooks
should be removed from offal and fish heads prior to discharge.
5. Vessels which are so configured that they lack on-board
processing facilities or adequate capacity to retain offal on board, or
the ability to discharge offal on the opposite side of the vessel to
that where longlines are hauled, shall not be authorised to fish in the
Convention Area.
6. A streamer line designed to discourage birds from settling on
baits during deployment of longlines shall be towed. Specification of
the streamer line and its method of deployment is given in the appendix
to this measure. Details of the construction relating to the number and
placement of swivels may be varied so long as the effective sea surface
covered by the streamers is no less than that covered by the currently
specified design. Details of the device dragged in the water in order
to create tension in the line may also be varied.
7. Other variations in the design of streamer lines may be tested
on vessels carrying two observers, at least one appointed in accordance
with the CCAMLR Scheme of International Scientific Observation,
providing that all other elements of this conservation measure are
complied with \5\.
8. Every effort should be made to ensure that birds captured alive
during longlining are released alive and that wherever possible hooks
are removed without jeopardising the life of the bird concerned.
\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands. \2\ Except for waters adjacent to the Prince Edward
Islands. \3\ The exact times of nautical twilight are set forth in
the Nautical Almanac tables for the relevant latitude, local time
and date. All times, whether for ship operations or observer
reporting, shall be referenced to GMT. \4\ Wherever possible,
setting of lines should be completed at least three hours before
sunrise (to reduce loss of bait to/catches of white-chinned
petrels). \5\ The streamer lines under test should be constructed
and operated taking full account of the principles set out in WG-
IMALF-94/19 (available from the CCAMLR Secretariat); testing should
be carried out independently of actual commercial fishing and in a
manner consistent with the spirit of Conservation Measure 21-02 [65/
XXI].
Appendix to Conservation Measure 25-02 [29/XXI]
1. The streamer line is to be suspended at the stern from a
point approximately 4.5 m above the water and such that the line is
directly above the point where the baits hit the water.
2. The streamer line is to be approximately 3 mm diameter, have
a minimum length of 150 m and have a device at the end to create
tension so that the main line streams directly behind the ship even
in cross winds.
3. At 5 m intervals commencing from the point of attachment to
the ship five branch streamers each comprising two strands of
approximately 3 mm diameter cord should be
[[Page 77887]]
attached. The length of the streamer should range between
approximately 3.5 m nearest the ship to approximately 1.25 m for the
fifth streamer. When the streamer line is deployed the branch
streamers should reach the sea surface and periodically dip into it
as the ship heaves. Swivels should be placed in the streamer line at
the towing point, before and after the point of attachment of each
branch streamer and immediately before any weight placed on the end
of the streamer line. Each branch streamer should also have a swivel
at its attachment to the streamer line.
Conservation Measure 32-09 (2002) \1\ [F01/XXI]
Prohibition of Directed Fishing for Dissostichus spp. Except in
Accordance With Specific Conservation Measures in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Article IX of the Convention:
Directed fishing for Dissostichus spp. in Statistical Subareas
48.5, 88.2 north of 65[deg]S and 88.3, and Divisions 58.4.1, 58.5.1 and
58.5.1 and 58.5.2 east of 79[deg]20'E is prohibited from 1 December
2002 to 30 November 2003.
\1\ Except for waters adjacent to the Kerguelen Islands.
Conservation Measure 32-10 (2002) [F16/XXI]
Prohibition of Directed Fishing for Dissostichus spp. in Statistical
Division 58.4.4 Outside Areas of National Jurisdiction
Taking of Dissostichus spp., other than for scientific research
purposes in accordance with Conservation Measure 24-01 [64/XXI], is
prohibited in Statistical Division 58.4.4 from 1 December 2002. This
prohibition shall apply until at least such time that a survey of the
Dissostichus spp. stock in this division is carried out, its results
reported to and analysed by the Working Group on Fish Stock Assessment
and a decision that the fishery be reopened is made by the Commission
based on the advice of the Scientific Committee.
Conservation Measure 32-11 (2002) 1,2 [F17/XXI]
Prohibition of Directed Fishing for Dissostichus Eleginoides in
Statistical Subarea 58.6
Taking of Dissostichus eleginoides, other than for scientific
research purposes in accordance with Conservation Measure 24-01 [64/
XXI], is prohibited in Statistical Subarea 58.6 from 1 December 2002.
This prohibition shall apply until at least such time that a survey of
the Dissostichus eleginoides stock in this subarea is carried out, its
results reported to and analysed by the Working Group on Fish Stock
Assessment and a decision that the fishery be reopened is made by the
Commission based on the advice of the Scientific Committee.
\1\ Except for waters adjacent to the Prince Edward Islands.
\2\ Except for waters adjacent to the Crozet Islands.
Conservation Measure 33-02 (2002) [F04/XXI]
Limitation of By-Catch in Statistical Division 58.5.2 in the 2002/03
Season
1. There shall be no directed fishing for any species other than
Dissostichus eleginoides and Champsocephalus gunnari in Statistical
Division 58.5.2 in the 2002/03 fishing season.
2. In directed fisheries in Statistical Division 58.5.2 in the
2002/03 season, the by-catch of Channichthys rhinoceratus shall not
exceed 150 tonnes, the by-catch of Lepidonotothen squamifrons shall not
exceed 80 tonnes, the by-catch of Macrourus spp. shall not exceed 465
tonnes and the by-catch of skates and rays shall not exceed 120 tonnes.
For the purposes of this measure, ``Macrourus spp.'' and ``skates and
rays'' should each be counted as a single species.
3. The by-catch of any fish species not mentioned in paragraph 2,
and for which there is no other catch limit in force, shall not exceed
50 tonnes in Statistical Division 58.5.2.
4. If, in the course of a directed fishery, the by-catch in any one
haul of Channichthys rhinoceratus, Lepidonotothen squamifrons,
Macrourus spp. or skates and rays is equal to, or greater than 2
tonnes, then the fishing vessel shall not fish using that method of
fishing at any point within 5 n miles \1\ of the location where the by-
catch exceeded 2 tonnes for a period of at least five days.\2\ The
location where the by-catch exceeded 2 tonnes is defined as the path
followed by the fishing vessel from the point at which the fishing gear
was first deployed from the fishing vessel to the point at which the
fishing gear was retrieved by the fishing vessel.
5. If, in the course of a directed fishery, the by-catch in any one
haul of any other by-catch species for which by-catch limitations apply
under this conservation measure is equal to, or greater than 1 tonne,
then the fishing vessel shall not fish using that method of fishing at
any point within 5 n miles \1\ of the location where the by-catch
exceeded 1 tonne for a period of at least five days.\2\ The location
where the by-catch exceeded 1 tonne is defined as the path followed by
the fishing vessel from the point at which the fishing gear was first
deployed from the fishing vessel to the point at which the fishing gear
was retrieved by the fishing vessel.
\1\ This provision concerning the minimum distance separating
fishing locations is adopted pending the adoption of a more
appropriate definition of a fishing location by the Commission.
\2\ The Specified period is adopted in accordance with the
reporting period specified in Conservation Measure 23-01 [51/XIX],
pending the adoption of a more appropriate period by the Commission.
Conservation Measure 33-03 (2002) \1\ [F11/XXI]
Limitation of By-Catch in New and Exploratory Fisheries in the 2002/03
Season
1. This conservation measure applies to new and exploratory
fisheries in all areas containing small-scale research units (SSRUs) in
the 2002/03 season except where specific by-catch conservation measures
apply.
2. The catch limits for all by-catch species are set out in Annex
33-03/A [F11/A].
3. For the purposes of this measure ``Macrourus spp.'' and ``skates
and rays'' should each be counted as a single species.
4. If the by-catch of any one species is equal to or greater than 1
tonne in any one haul or set, then the fishing vessel shall move to
another location at least 5 n miles \2\ distant. The fishing vessel
shall not return to any point within 5 n miles of the location where
the by-catch exceeded 1 tonne is defined as the path followed by the
fishing vessel from the point at which the fishing gear was first
deployed from the fishing vessel to the point at which the fishing gear
was retrieved by the fishing vessel.
\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ This provision concerning the minimum distance separating
fishing locations is adopted pending the adoption of a more
appropriate definition of a fishing location by the Commission.
\3\ The specified period is adopted in accordance with the
reporting period specified in Conservation Measure 23-01 [51/XIX],
pending the adoption of a more appropriate period by the Commission.
Annex 33-03/A [F11/A]
[[Page 77888]]
By-Catch Catch Limits for New and Exploratory Fisheries in the 2002/03 Season
----------------------------------------------------------------------------------------------------------------
By-catch catch limit (tonnes)
Dissostichus -----------------------------------------------
Subarea/ Division Region SSRU spp. catch Skates and
limit (tonnes) rays Macrourus spp. Other species
----------------------------------------------------------------------------------------------------------------
48.6............... North of 60[deg]S. A 455 50 73 20
South of 60[deg]S. all 455 50 73
B * * * 20
C * * * 20
D * * * 20
E * * * 20
F * * * 20
58.4.2............. .................. A 100 50 50 20
B 100 50 50 20
C 100 50 50 20
D 100 50 50 20
E 100 50 50 20
58.4.3a............ Total area........ ....... 250 50 50 20
58.4.3b............ Total area........ ....... 300 50 50 20
88.1............... North of 65[deg]S. A 256 50 50 20
South of 65[deg]S. B 876 50 140 20
C 876 50 140 20
D 876 50 140 20
E 876 50 140 20
88.2............... .................. all 375 50 60
A * * * 20
B * * * 20
C * * * 20
D * * * 20
E * * * 20
F * * * 20
G * * * 20
----------------------------------------------------------------------------------------------------------------
*In the case where a SSRU catch limit is not specified, the by-catch limit will be governed by the limit in the
subarea/division.
Rules for catch limits for by-catch species:
Skates and rays--5% of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greater.
Macrourus spp.--16% of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greater.
Other species--20 tonnes per SSRU.
Conservation Measure 41-01 (2002) 1, 2
General Measures for Exploratory Fisheries for Dissostichus Spp. in the
Convention Area in the 2002/03 Season
The Commission,
Noting the need for the distribution of fishing effort and catch in
fine-scale rectangles \3\ in these exploratory fisheries,
hereby adopts the following conservation measure:
1. This conservation measure applies to exploratory fisheries using
the trawl or longline methods except for such fisheries where the
Commission has given specific exemptions to the extent of those
exemptions. In trawl fisheries, a haul comprises a single deployment of
the trawl net. In longline fisheries, a haul comprises the setting of
one or more lines in a single location.
2. Fishing should take place over as large a geographical and
bathymetric range as possible to obtain the information necessary to
determine fishery potential and to avoid over-concentration of catch
and effort. To this end, fishing in any fine-scale rectangle shall
cease when the reported catch reaches 100 tonnes and that rectangle
shall be closed to fishing for the remainder of the season. Fishing in
any fine-scale rectangle shall be restricted to one vessel at any one
time.
3. Each haul of a longline, including those designated as research
hauls in accordance with Annex 41-01/B [F10/B] paragraph 4, shall have,
except in exceptional circumstances beyond the control of the vessel
(such as ice and weather conditions), a soak time not exceeding 48
hours, measured from the completion of the setting process to the
beginning of the hauling process.
4. In order to give effect to paragraph 2 above:
(i) The precise geographic position of a haul in trawl fisheries
will be determined by the mid-point of the path between the start-point
and end-point of the haul;
(ii) The precise geographic position of a haul in longline
fisheries will be determined by the centre-point of the line or lines
deployed;
(iii) The fine-scale rectangle in which a vessel is deemed to be
fishing will be that in which the precise geographic position of a haul
lies;
(iv) The vessel will be deemed to be fishing in any fine-scale
rectangle from the beginning of the setting process until the
completion of the hauling of all lines in that fine-scale rectangle;
(v) Catch and effort information for each species by fine-scale
rectangle shall be reported to the Executive Secretary every five days
using the Five-Day Catch and Effort Reporting System set out in
Conservation Measure 23-01 [51/XIX]; and
(vi) The Secretariat shall notify Contracting Parties participating
in these fisheries when the total catch for Dissostichus eleginoides
and Dissostichus mawsoni combined in any fine-scale rectangle is likely
to reach 100 tonnes, and fishing in that fine-scale rectangle shall be
closed when that limit is reached.
5. The by-catch in each exploratory fishery shall be regulated as
in Conservation Measure 33-03 [F11/XXI].
6. The total number and weight of Dissostichus eleginoides and
Dissostichus mawsoni discarded, including those with the ``jellymeat''
condition, shall be reported.
7. Each vessel participating in the exploratory fisheries for
Dissostichus spp. during the 2002/03 season shall have one scientific
observer appointed
[[Page 77889]]
in accordance with the CCAMLR Scheme of International Scientific
Observation, and where possible one additional scientific observer, on
board throughout all fishing activities within the fishing season.
8. The Data Collection Plan (Annex 41-01/A [F10/A]) and Research
Plan (Annex 41-01/B [F10/B]) shall be implemented. Data collected
pursuant to the Data Collection and Research Plans for the period up to
31 August 2003 shall be reported to CCAMLR by 30 September 2003 so that
the data will be available to the meeting of the Working Group on Fish
Stock Assessment (WG-FSA) in 2003. Such data taken after 31 August
shall be reported to CCAMLR not later than three months after the
closure of the fishery, but, where possible, submitted in time for the
consideration of WG-FSA.
9. Members who choose not to participate in the fishery prior to
the commencement of the fishery shall inform the Secretariat of changes
in their plans no later than one month before the start of the fishery.
If, for whatever reason, Members are unable to participate in the
fishery, they shall inform the Secretariat no later than one week after
finding that they cannot participate. The Secretariat will inform all
Contracting Parties immediately after such notification is received.
1 Except for waters adjacent to the Kerguelen and
Crozet Islands.
2 Except for waters adjacent to the Prince Edward
Islands.
3 A fine-scale rectangle is defined as an area of
0.5[deg] latitude by 1[deg] longitude with respect to the northwest
corner of the statistical subarea or division. The identification of
each rectangle is by the latitude of its northernmost boundary and
the longitude of the boundary closest to 0[deg].
Annex 41-01/A [F10/A]
Data Collection Plan for Exploratory Fisheries
1. All vessels will comply with the Five-day Catch and Effort
Reporting System (Conservation Measure 23-01 [51/XIX]) and Monthly
Fine-scale Catch, Effort and Biological Data Reporting Systems
(Conservation Measures 23-04 and 23-05 [122/XIX and 121/XIX]).
2. All data required by the CCAMLR Scientific Observers Manual for
finfish fisheries will be collected. These include:
(i) Position, date and depth at the start and end of every haul;
(ii) Haul-by-haul catch and catch per effort by species;
(iii) Haul-by-haul length frequency of common species;
(iv) Sex and gonad state of common species;
(v) Diet and stomach fullness;
(vi) Scales and/or otoliths for age determination;
(vii) Number and mass by species of by-catch of fish and other
organisms; and
(viii) Observation on occurrence and incidental mortality of
seabirds and mammals in relation to fishing operations.
3. Data specific to longline fisheries will be collected. These
include:
(i) Position and sea depth at each end of every line in a haul;
(ii) Setting, soak, and hauling times;
(iii) Number and species of fish lost at surface;
(iv) Number of hooks set;
(v) Bait type;
(vi) Baiting success (%);
(vii) Hook type; and
(viii) Sea and cloud conditions and phase of the moon at the time
of setting the lines.
Annex 41-01/B [ F10/B]
Research Plan for Exploratory Fisheries
1. Activities under this research plan shall not be exempted from
any conservation measure in force.
2. This plan applies to all small-scale research units (SSRUs) as
defined in Table 1.
3. Any vessel undertaking prospecting or commercial fishing in any
SSRU must undertake the following research activities:
(i) On first entry into a SSRU, the first 10 hauls, designated
``first series'', whether by trawl or longline, should be designated
``research hauls'' and must satisfy the criteria set out in paragraph
4.
(ii) The next 10 hauls, or 10 tonnes of catch for longlining,
whichever trigger level is achieved first, or 10 tonnes of catch for
trawling, are designated the ``second series''. Hauls in the second
series can, at the discretion of the master, be fished as part of
normal exploratory fishing. However, provided they satisfy the
requirements of paragraph 4, these hauls can also be designated as
research hauls.
(iii) On completion of the first and second series of hauls, if the
master wishes to continue to fish within the SSRU, the vessel must
undertake a ``third series'' which will result in a total of 20
research hauls being made in all three series. The third series of
hauls shall be completed during the same visit as the first and second
series in a SSRU.
(iv) On completion of 20 research hauls the vessel may continue to
fish within the SSRU.
(v) When either the catch limit or the end of the fishing season is
reached, all fishing within the designated area should cease.
4. To be designated as a research haul:
(i) Each research haul must be separated by not less than 5 n miles
from any other research haul, distance to be measured from the
geographical mid-point of each research haul;
(ii) Each haul shall comprise: For longlines, at least 3 500 hooks
and no more than 10 000 hooks; this may comprise a number of separate
lines set in the same location; for trawls, at least 30 minutes
effective fishing time as defined in the Draft Manual for Bottom Trawl
Surveys in the Convention Area (SC-CAMLR-XI, Annex 5, Appendix H,
Attachment E, paragraph 4); and
(iii) Each haul of a longline shall have a soak time of not less
than six hours, measured from the time of completion of the setting
process to the beginning of the hauling process.
5. All data specified in the Data Collection Plan (Annex 41-01/A
[F10/A]) of this conservation measure shall be collected for every
research haul; in particular, all fish in a research haul up to 100
fish are to be measured and at least 30 fish sampled for biological
studies (paragraphs 2(iv) to 2(vi) of Annex 41-01/A [F10/A]). Where
more than 100 fish are caught, a method for randomly subsampling the
fish should be applied.
Table 1.--The Coordinates of the Small-Scale Research Units (SSRUs)
----------------------------------------------------------------------------------------------------------------
Grid coordinates
-------------------------------------------------------------------------
Subarea/ Division SSRU Top left Top left Bottom right Bottom right
latitude longitude latitude longitude
----------------------------------------------------------------------------------------------------------------
48.6.......................... A 50[deg]S......... 20[deg]W......... 60[deg]S........ 30[deg]E
48.6.......................... B 60[deg]S......... 20[deg]W......... Coast........... 10[deg]W
48.6.......................... C 60[deg]S......... 10[deg]W......... Coast........... 0
48.6.......................... D 60[deg]S......... 0................ Coast........... 10[deg]E
[[Page 77890]]
48.6.......................... E 60[deg]S......... 10[deg]E......... Coast........... 20[deg]E
48.6.......................... F 60[deg]S......... 20[deg]E......... Coast........... 30[deg]E
58.4.1........................ A 55[deg]S......... 80[deg]E......... 64[deg]S........ 89[deg]E
58.4.2........................ A 62[deg]S......... 30[deg]E......... Coast........... 40[deg]E
58.4.2........................ B 62[deg]S......... 40[deg]E......... Coast........... 50[deg]E
58.4.2........................ C 62[deg]S......... 50[deg]E......... Coast........... 60[deg]E
58.4.2........................ D 62[deg]S......... 60[deg]E......... Coast........... 70[deg]E
58.4.2........................ E 62[deg]S......... 70[deg]E......... Coast........... 80[deg]E
58.4.3a....................... A Whole division... ................. ................ ................
58.4.3b....................... A Whole division... ................. ................ ................
58.4.4........................ A 51[deg]S......... 40[deg]E......... 54[deg]S........ 42[deg]E
58.4.4........................ B 51[deg]S......... 42[deg]E......... 54[deg]S........ 46[deg]E
58.4.4........................ C 51[deg]S......... 46[deg]E......... 54[deg]S........ 50[deg]E
58.4.4........................ D Areas outside ................. ................ ................
SSRUs A, B, C.
58.6.......................... A 45[deg]S......... 40[deg]E......... 48[deg]S........ 44[deg]E
58.6.......................... B 45[deg]S......... 44[deg]E......... 48[deg]S........ 48[deg]E
58.6.......................... C 45[deg]S......... 48[deg]E......... 48[deg]S........ 51[deg]E
58.6.......................... D 45[deg]S......... 51[deg]E......... 48[deg]S........ 54[deg]E
58.7.......................... A 45[deg]S......... 37[deg]E......... 48[deg]S........ 40[deg]E
88.1.......................... A 60[deg]S......... 150[deg]E........ 65[deg]S........ 170[deg]W
88.1.......................... B 65[deg]S......... 150[deg]E........ 72[deg]S........ 180[deg]
88.1.......................... C 65[deg]S......... 180[deg]......... 72[deg]S........ 170[deg]W
88.1.......................... D 72[deg]S......... 160[deg]E........ 84[deg]S........ 180[deg]
88.1.......................... E 72[deg]S......... 180[deg]......... 84.5[deg]S...... 170[deg]W
88.2.......................... A 60[deg]S......... 170[deg]W........ Coast........... 160[deg]W
88.2.......................... B 60[deg]S......... 160[deg]W........ Coast........... 150[deg]W
88.2.......................... C 60[deg]S......... 150[deg]W........ Coast........... 140[deg]W
88.2.......................... D 60[deg]S......... 140[deg]W........ Coast........... 130[deg]W
88.2.......................... E 60[deg]S......... 130[deg]W........ Coast........... 120[deg]W
88.2.......................... F 60[deg]S......... 120[deg]W........ Coast........... 110[deg]W
88.2.......................... G 60[deg]S......... 110[deg]W........ Coast........... 105[deg]W
----------------------------------------------------------------------------------------------------------------
Conservation Measure 41-02 (2002) [F05/XXI]
Limits on the Fishery for Dissostichus Eleginoides in Statistical
Subarea 48.3 in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 31-01 [7/V]:
Access
1. The fishery for Dissostichus eleginoides in Statistical Subarea
48.3 shall be conducted by vessels using longlines and pots only.
Catch Limit
2. The total catch of Dissostichus eleginoides in Statistical
Subarea 48.3 in the 2002/03 season shall be limited to 7810 tonnes.
Season
3. For the purpose of the longline fishery for Dissostichus
eleginoides in Statistical Subarea 48.3, the 2002/03 season is defined
as the period from 1 May to 31 August 2003, or until the catch limit is
reached, whichever is sooner. For the purpose of the pot fishery for
Dissostichus eleginoides in Statistical Subarea 48.3, the 2002/03
season is defined as the period from 1 December 2002 to 30 November
2003, or until the catch limit is reached, whichever is sooner.
By-Catch
4. The by-catch of crab shall be counted against the catch limit in
the crab fishery in Statistical Subarea 48.3.
5. The by-catch of finfish in the fishery for Dissostichus
eleginoides in Statistical Subarea 48.3 in the 2002/03 season shall not
exceed 390 tonnes for skates and rays and 390 tonnes for Macrourus spp.
For the purpose of these by-catch limits, skates and rays shall be
counted as a single species.
6. If the by-catch of any one species is equal to or greater than 1
tonne in any one haul or set, then the fishing vessel shall move to
another location at least 5 n miles 1 distant. The fishing
vessel shall not return to any point within 5 n miles of the location
where the by-catch exceeded 1 tonne for a period of at least five
days.2 The location where the by-catch exceeded 1 tonne is
defined as the path followed by the fishing vessel from the point at
which the fishing gear was first deployed from the fishing vessel to
the point at which the fishing gear was retrieved by the fishing
vessel.
Mitigation
7. The operation of this fishery shall be carried out in accordance
with Conservation Measure 25-02 [29/XXI] so as to minimise the
incidental mortality of seabirds in the course of fishing.
Observers
8. Each vessel participating in this fishery shall have at least
one scientific observer appointed in accordance with the CCAMLR Scheme
of International Scientific Observation, and where possible one
additional scientific observer, on board throughout all fishing
activities within the fishing period.
Data: Catch/Effort
9. For the purpose of implementing this conservation measure in the
2002/03 season, the following shall apply:
(i) the Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01 [51/XIX]; and
[[Page 77891]]
(ii) the Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04 [122/XIX]. Fine-scale data shall be
submitted on a haul-by-haul basis.
10. For the purpose of Conservation Measures 23-01 and 23-04 [51/
XIX and 122/XIX], the target species is Dissostichus eleginoides and
by-catch species are defined as any species other than Dissostichus
eleginoides.
11. The total number and weight of Dissostichus eleginoides
discarded, including those with the ``jellymeat'' condition, shall be
reported. These fish will count towards the total allowable catch.
Data: Biological
12. Fine-scale biological data, as required under Conservation
Measure 23-05 [121/XIX], shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
\1\ This provision concerning the minimum distance separating
fishing locations is adopted pending the adoption of a more
appropriate definition of a fishing location by the Commission.
\2\ The specified period is adopted in accordance with the
reporting period specified in Conservation Measure 23-01 [51/XIX],
pending the adoption of a more appropriate period by the Commission.
Conservation Measure 41-04 (2002) [F12/XXI]
Limits on the Exploratory Fishery for Dissostichus Spp. in Statistical
Subarea 48.6 in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02 [65/XXI]:
Access
1. Fishing for Dissostichus spp. in Statistical Subarea 48.6 shall
be limited to the exploratory longline fishery by Japan, New Zealand
and South Africa. The fishery shall be conducted by Japanese, New
Zealand and South African flagged vessels using longlines only. No more
than one vessel per country shall fish at any one time.
Catch Limit
2. The total catch of Dissostichus spp. in Statistical Subarea 48.6
in the 2002/03 season shall not exceed a precautionary catch limit of
455 tonnes north of 60[deg]S and 455 tonnes south of 60[deg]S.
Season
3. For the purpose of the exploratory longline fishery for
Dissostichus spp. in Statistical Subarea 48.6, the 2002/03 season is
defined as the period from 1 March to 31 August 2003 north of 60[deg]S
and the period from 15 February to 15 October 2003 south of 60[deg]S.
In the event that either limit is reached, the relevant fishery shall
be closed.
By-Catch
4. The by-catch in this fishery shall be regulated as set out in
Conservation Measure 33-03 [F11/XXI].
Mitigation
5. The exploratory longline fishery for Dissostichus spp. in
Statistical Subarea 48.6 shall be carried out in accordance with the
provisions of Conservation Measure 25-02 [29/XXI], except paragraph 3
(night setting) shall not apply south of 60[deg]S. South of 60[deg]S,
prior to licensing, each vessel shall demonstrate its capacity to
comply with experimental line-weighting trials as approved by the
Scientific Committee and described in Conservation Measure 24-02 [216/
XXI] and such data shall be reported to the Secretariat immediately.
6. South of 60[deg]S, longlines may be set during daylight hours
only if the vessels are demonstrating a consistent minimum line sink
rate of 0.3 m/s. Any vessel catching a total of three (3) seabirds
shall immediately revert to night setting in accordance with
Conservation Measure 25-02 [29/XXI].
7. There shall be no offal discharge in this fishery.
Observers
8. Each vessel participating in the fishery shall have at least two
scientific observers, one of whom shall be an observer appointed in
accordance with the CCAMLR Scheme of International Scientific
Observation, on board throughout all fishing activities within the
fishing period.
Data: Catch/Effort
9. For the purpose of implementing this conservation measure in the
2002/03 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01 [51/XIX]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04 [122/XIX]. Fine-scale data shall be
submitted on a haul-by-haul basis.
10. For the purpose of Conservation Measures 23-01 and 23-04 [51/
XIX and 122/XIX], the target species is Dissostichus spp. and by-catch
species are defined as any species other than Dissostichus spp.
Data: Biological
11. Fine-scale biological data, as required under Conservation
Measure 23-05 [121/XIX], shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
Research
12. Each vessel participating in this exploratory fishery shall
conduct fishery-based research in accordance with the Research Plan
described in Conservation Measure 41-01 [F10/XXI], Annex B.
Conservation Measure 41-05 (2002) [F13/XXI]
Limits on the Exploratory Fishery for Dissostichus spp. in Statistical
Division 58.4.2 in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02 [65/XXI]:
Access
1. Fishing for Dissostichus spp. in Statistical Division 58.4.2
shall be limited to the exploratory longline fishery by Australia. The
fishery shall be conducted by one Australian flagged vessel using
longlines only.
Catch Limit
2. The total catch of Dissostichus spp. in Statistical Division
58.4.2 in the 2002/03 season shall not exceed a precautionary catch
limit of 500 tonnes, of which no more 100 tonnes shall be taken in any
one of the five small-scale research units (SSRUs) bounded by
longitudes 30[deg]E to 40[deg]E, 40[deg]E to 50[deg]E, 50[deg]E to
60[deg]E, 60[deg]E to 70[deg]E and 70[deg]E to 80[deg]E.
Season
3. For the purpose of the exploratory longline fishery for
Dissostichus spp. in Statistical Division 58.4.2, the 2002/03 season is
defined as the period from 1 December 2002 to 30 November 2003.
Fishing Operations
4. The exploratory longline fishery for Dissostichus spp. in
Division 58.4.2 shall be carried out in accordance with the provisions
of Conservation Measure 41-01 [F10/XXI], except paragraph 7.
In addition, fishing will be prohibited in depths less than 550 m
in order to protect benthic communities. As a further protection for
benthic habitats, either the eastern or western half (5[deg] of
longitude) of each SSRU in which fishing takes place can be defined as
``open'' at the discretion of the vessel's master. The other half of
the SSRU shall remain closed to fishing.
[[Page 77892]]
By-Catch
5. The by-catch in this fishery shall be regulated as set out in
Conservation Measure 33-03 [F11/XXI].
Mitigation
6. The exploratory longline fishery for Dissostichus spp. in
Statistical Division 58.4.2 shall be carried out in accordance with the
provisions of Conservation Measure 25-02 [29/XXI], except paragraph 3
(night setting) shall not apply. Prior to licensing, each vessel shall
demonstrate its capacity to comply with experimental line-weighting
trials as approved by the Scientific Committee and described in
Conservation Measure 24-02 [216/XXI] and such data shall be reported to
the Secretariat immediately.
7. In Statistical Division 58.4.2, longlines may be set during
daylight hours only if the vessel demonstrates a consistent minimum
line sink rate of 0.3 m/s in accordance with Conservation Measure 24-02
[216/XXI]. Should a total of three (3) seabirds be caught, the vessel
shall immediately revert to night setting in accordance with
Conservation Measure 25-02 [29/XXI].
8. There shall be no offal discharge in this fishery.
Observers
9. Each vessel participating in the fishery shall have at least two
scientific observers, one of whom shall be an observer appointed in
accordance with the CCAMLR Scheme of International Scientific
Observation, on board throughout all fishing activities within the
fishing period.
Research
10. Each vessel participating in this exploratory fishery shall
conduct fishery-based research in accordance with the research plan
described in Conservation Measure 41-01 [F10/XXI], Annex B.
Data: Catch/Effort
11. For the purpose of implementing this conservation measure in
the 2002/03 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01 [51/XIX]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04 [122/XIX]. Fine-scale data shall be
submitted on a haul-by-haul basis.
12. For the purpose of Conservation Measures 23-01 and 23-04 [51/
XIX and 122/XIX], the target species is Dissostichus spp. and by-catch
species are defined as any species other than Dissostichus spp.
Data: Biological
13. Fine-scale biological data, as required under Conservation
Measure 23-05 [121/XIX], shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
Conservation Measure 41-06 (2002) [F14/XXI]
Limits on the Exploratory Fishery for Dissostichus spp. on Elan Bank
(Statistical Division 58.4.3a) Outside Areas of National Jurisdiction
in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02 [65/XXI]
Access
1. Fishing for Dissostichus spp. on Elan Bank (Statistical Division
58.4.3a) outside areas of national jurisdiction shall be limited to the
exploratory longline fishery by Australia and Japan. The fishery shall
be conducted by Australian and Japanese flagged vessels using longlines
only. No more than one vessel per country shall fish at any one time.
Catch Limit
2. The total catch of Dissostichus spp. on Elan Bank (Statistical
Division 58.4.3a) outside areas of national jurisdiction in the 2002/03
season shall not exceed a precautionary catch limit of 250 tonnes.
Season
3. For the purpose of the exploratory longline fishery for
Dissostichus spp. on Elan Bank (Statistical Division 58.4.3a) outside
areas of national jurisdiction, the 2002/03 season is defined as the
period from 1 May to 31 August 2003, or until the catch limit is
reached, whichever is sooner.
By-Catch
4. The by-catch in this fishery shall be regulated as set out in
Conservation Measure 33-03 [F11/XXI].
Mitigation
5. The operation of this fishery shall be carried out in accordance
with Conservation Measure 25-02 [29/XXI] so as to minimise the
incidental mortality of seabirds in the course of fishing.
Observers
6. Each vessel participating in this fishery shall have at least
one scientific observer appointed in accordance with the CCAMLR Scheme
of International Scientific Observation, and where possible one
additional scientific observer, on board throughout all fishing
activities within the fishing period.
Data: Catch/Effort
7. For the purpose of implementing this conservation measure in the
2002/03 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01 [51/XIX]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04 [122/XIX]. Fine-scale data shall be
submitted on a haul-by-haul basis.
8. For the purpose of Conservation Measures 23-01 and 23-04 [51/
XIX] and 122/XIX], the target species is Dissostichus spp. and by-catch
species are defined as any species other than Dissostichus spp.
Data: Biological
9. Fine-scale biological data, as required under Conservation
Measure 23-05 [121/XIX], shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
Research
10. Each vessel participating in this exploratory fishery shall
conduct fishery-based research in accordance with the research plan
described in Conservation Measure 41-01 [F10/XXI], Annex B.
Conservation Measure 41-07 (2002) [F15/XXI]
Limits on the Exploratory Fishery for Dissostichus Spp. on BANZARE Bank
(Statistical Division 58.4.3b) Outside Areas of National Jurisdiction
in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02 [65/XXI]:
Access
1. Fishing for Dissostichus spp. on BANZARE Bank (Statistical
Division 58.4.3b) outside areas of national jurisdiction shall be
limited to the exploratory longline fishery by Australia and Japan. The
fishery shall be conducted by Australian and Japanese flagged vessels
using longlines only. No more than one vessel per country shall fish at
any one time.
Catch Limit
2. The total catch of Dissostichus spp. on BANZARE Bank
(Statistical Division
[[Page 77893]]
58.4.3b) outside areas of national jurisdiction in the 2002/03 season
shall not exceed a precautionary catch limit of 300 tonnes.
Season
3. For the purpose of the exploratory longline fishery for
Dissostichus spp. on BANZARE Bank (Statistical Division 58.4.3b)
outside areas of national jurisdiction, the 2002/03 season is defined
as the period from 1 May to 31 August 2003, or until the catch limit is
reached, whichever is sooner.
By-Catch
4. The by-catch in this fishery shall be regulated as set out in
Conservation Measure 33-03 [F11/XXI].
Mitigation
5. The operation of this fishery shall be carried out in accordance
with Conservation Measure 25-02 [29/XXI] so as to minimise the
incidental mortality of seabirds in the course of fishing.
Observers
6. Each vessel participating in this fishery shall have at least
one scientific observer appointed in accordance with the CCAMLR Scheme
of International Scientific Observation, and where possible one
additional scientific observer, on board throughout all fishing
activities within the fishing period.
Data: Catch/Effort
7. For the purpose of implementing this conservation measure in the
2002/03 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01 [51/XIX]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04 [122/XIX]. Fine-scale data shall be
submitted on a haul-by-haul basis.
8. For the purpose of Conservation Measures 23-01 and 23-04 [51/XIX
and 122/XIX], the target species is Dissostichus spp. and by-catch
species are defined as any species other than Dissostichus spp.
Data: Biological
9. Fine-scale biological data, as required under Conservation
Measure 23-05 [121/XIX], shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
Research
10. Each vessel participating in this exploratory fishery shall
conduct fishery-based research in accordance with the research plan
described in Conservation Measure 41-01 [F10/XXI], Annex B.
Conservation Measure 41-08 (2002) [F06/XXI]
Limits on the Fishery for Dissostichus Eleginoides in Statistical
Division 58.5.2 in the 2002/03 Season
Access
1. The fishery for Dissostichus eleginoides in Statistical Division
58.5.2 shall be conducted by vessels using trawls or longlines only.
Catch Limit
2. The total catch of Dissostichus eleginoides in Statistical
Division 58.5.2 in the 2002/03 season shall be limited to 2 879 tonnes
west of 79[deg]20'E.
Season
3. For the purpose of the trawl fishery for Dissostichus
eleginoides in Statistical Division 58.5.2, the 2002/03 season is
defined as the period from 1 December 2002 to 30 November 2003, or
until the catch limit is reached, whichever is sooner. For the purpose
of the longline fishery for Dissostichus eleginoides in Statistical
Division 58.5.2, the 2002/03 season is defined as the period from 1 May
to 31 August 2003, or until the catch limit is reached, whichever is
sooner.
By-Catch
4. Fishing shall cease if the by-catch of any species reaches its
by-catch limit as set out in Conservation Measure 33-02 [F04/XXI].
Mitigation
5. The operation of this fishery shall be carried out in accordance
with Conservation Measures 25-02 and 25-03 [29/XXI and 173/XVIII] so as
to minimise the incidental mortality of seabirds in the course of
fishing.
Observers
6. Each vessel participating in this fishery shall have at least
one scientific observer, and may include one appointed in accordance
with the CCAMLR Scheme of International Scientific Observation, on
board throughout all fishing activities within the fishing period.
Data: Catch/Effort
7. For the purpose of implementing this conservation measure in the
2002/03 season, the following shall apply:
(i) The Ten-day Catch and Effort Reporting System set out in Annex
41-08/A [F06/A]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Annex 41-08/A [F06/A]. Fine-scale data shall be submitted on a
haul-by-haul basis.
8. For the purpose of Annex 41-08/A [F06/A], the target species is
Dissostichus eleginoides and by-catch species are defined as any
species other than Dissostichus eleginoides.
9. The total number and weight of Dissostichus eleginoides
discarded, including those with the 'jellymeat' condition, shall be
reported. These fish will count towards the total allowable catch.
Data: Biological
10. Fine-scale biological data, as required under Annex 41-08/A
[F06/A], shall be collected and recorded. Such data shall be reported
in accordance with the Scheme of International Scientific Observation.
Annex 41-08/A [F06/A]
Data Reporting System
A ten-day catch and effort reporting system shall be implemented:
(i) For the purpose of implementing this system, the calendar month
shall be divided into three reporting periods, viz: day 1 to day 10,
day 11 to day 20 and day 21 to the last day of the month. The reporting
periods are hereafter referred to as periods A, B and C;
(ii) At the end of each reporting period, each Contracting Party
participating in the fishery shall obtain from each of its vessels
information on total catch and total days and hours fished for that
period and shall, by cable, telex, facsimile or electronic
transmission, transmit the aggregated catch and days and hours fished
for its vessels so as to reach the Executive Secretary no later than
the end of the next reporting period;
(iii) A report must be submitted by every Contracting Party taking
part in the fishery for each reporting period for the duration of the
fishery, even if no catches are taken;
(iv) The catch of Dissostichus eleginoides and of all by-catch
species must be reported;
(v) Such reports shall specify the month and reporting period (A, B
and C) to which each report refers;
(vi) Immediately after the deadline has passed for receipt of the
reports for each period, the Executive Secretary shall notify all
Contracting Parties engaged in fishing activities in the division of
the total catch taken during the reporting period and the total
aggregate catch for the season to date; and
[[Page 77894]]
(vii) At the end of every three reporting periods, the Executive
Secretary shall inform all Contracting Parties of the total catch taken
during the three most recent reporting periods and the total aggregate
catch for the season to date.
A fine-scale catch, effort and biological data reporting system
shall be implemented:
(i) The scientific observer(s) aboard each vessel shall collect the
data required to complete the CCAMLR fine-scale catch and effort data
form C1, latest version. These data shall be submitted to the CCAMLR
Secretariat not later than one month after the vessel returns to port;
(ii) The catch of Dissostichus eleginoides and of all by-catch
species must be reported;
(iii) The numbers of seabirds and marine mammals of each species
caught and released or killed must be reported;
(iv) The scientific observer(s) aboard each vessel shall collect
data on the length composition from representative samples of
Dissostichus eleginoides and by-catch species:
(a) Length measurements shall be to the nearest centimetre below;
and
(b) Representative samples of length composition shall be taken
from each fine-scale grid rectangle (0.5[deg] latitude by 1[deg]
longitude) fished in each calendar month; and
(v) The above data shall be submitted to the CCAMLR Secretariat not
later than one month after the vessel returns to port.
Conservation Measure 41-09 (2002) [F18/XXI]
Limits on the Exploratory Fishery for Dissostichus spp. in Statistical
Subarea 88.1 in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02 [65/XXI]:
Access
1. Fishing for Dissostichus spp. in Statistical Subarea 88.1 shall
be limited to the exploratory longline fishery by Japan, New Zealand,
Russia, South Africa and Spain. The fishery shall be conducted by a
maximum in the season of two (2) Japanese, six (6) New Zealand, two (2)
Russian, two (2) South African and one (1) Spanish flagged vessels \1\
using longlines only.
Catch Limit
2. The total catch of Dissostichus spp. in Statistical Subarea 88.1
in the 2002/03 season shall not exceed a precautionary catch limit of
256 tonnes north of 65[deg]S and 3 504 tonnes south of 65[deg]S.
3. In order to ensure an adequate spread of fishing effort south of
65[deg]S, no more than 876 tonnes of Dissostichus spp. shall be taken
in each of the four small-scale research units (SSRUs) identified for
Statistical Subarea 88.1 south of 65[deg]S, as defined in Conservation
Measure 41-01 [F10/XXI], Annex B.
Season
4. For the purpose of the exploratory longline fishery for
Dissostichus spp. in Statistical Subarea 88.1, the 2002/03 season is
defined as the period from 1 December 2002 to 31 August 2003.
Fishing Operations
5. The exploratory longline fishery for Dissostichus spp. in
Statistical Subarea 88.1 shall be carried out in accordance with the
provisions of Conservation Measure 41-01 [F10/XXI], except paragraph 7.
By-Catch
6. The by-catch in this fishery shall be regulated as set out in
Conservation Measure 33-03 [F11/XXI].
Mitigation
7. The exploratory longline fishery for Dissostichus spp. in
Statistical Subarea 88.1 shall be carried out in accordance with the
provisions of Conservation Measure 25-02 [29/XXI], except paragraph 3
(night setting) shall not apply. Prior to licensing, each vessel shall
demonstrate its capacity to comply with experimental line-weighting
trials as approved by the Scientific Committee and described in
Conservation Measure 24-02 [216/XXI] and such data shall be reported to
the Secretariat immediately.
8. In Statistical Subarea 88.1, longlines may be set during
daylight hours only if the vessels are demonstrating a consistent
minimum line sink rate of 0.3 m/s in accordance with Conservation
Measure 24-02 [216/XXI]. Any vessel catching a total of three (3)
seabirds shall immediately revert to night setting in accordance with
Conservation Measure 25-02 [29/XXI].
9. There shall be no offal discharge in this fishery.
Observers
10. Each vessel participating in the fishery shall have at least
two scientific observers, one of whom shall be an observer appointed in
accordance with the CCAMLR Scheme of International Scientific
Observation, on board throughout all fishing activities within the
fishing period.
VMS
11. Each vessel participating in this exploratory longline fishery
shall be required to operate a VMS at all times, in accordance with
Conservation Measure 10-04 [148/XXI].
CDS
12. Each vessel participating in this exploratory longline fishery
shall be required to participate in the Catch Documentation Scheme for
Dissostichus spp., in accordance with Conservation Measure 10-05 170/
XXI].
Research
13. Each vessel participating in this exploratory fishery shall
conduct fishery-based research in accordance with the research plan
described in Conservation Measure 41-01 [F10/XXI], Annex B.
Data: Catch/Effort
14. For the purpose of implementing this conservation measure in
the 2002/03 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01 [51/XIX]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04 [122/XIX]. Fine-scale data shall be
submitted on a haul-by-haul basis.
15. For the purpose of Conservation Measures 23-01 and 23-04 [51/
XIX and 122/XIX], the target species is Dissostichus spp. and by-catch
species are defined as any species other than Dissostichus spp.
Data: Biological
16. Fine-scale biological data, as required under Conservation
Measure 23-05 [121/XIX], shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
Discharge
17. All vessels participating in this exploratory fishery shall be
prohibited from discharging:
(i) Oil or fuel products or oily residues into the sea, except as
permitted in Annex I of MARPOL 73/78;
(ii) Garbage;
(iii) Food wastes not capable of passing through a screen with
openings no greater than 25 mm;
(iv) Poultry or parts (including egg shells); or
(v) Sewage within 12 n miles of land or ice shelves, or sewage
while the ship is travelling at a speed of less than 4 knots.
[[Page 77895]]
Additional Elements
18. No live poultry or other living birds shall be brought into
Statistical Subarea 88.1 and any dressed poultry not consumed shall be
removed from Statistical Subarea 88.1.
19. Fishing for Dissostichus spp. in Statistical Subarea 88.1 shall
be prohibited within 10 n miles of the coast of the Balleny Islands.
1 As notified to the Secretariat in accordance with
Conservation Measure 21-02 [65/XXI] paragraph 2(iv).
Conservation Measure 41-10 (2002) [F19/XXI]
Limits on the Exploratory Fishery for Dissostichus Spp. in Statistical
Subarea 88.2 in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02 [65/XXI]:
Access
1. Fishing for Dissostichus spp. in Statistical Subarea 88.2 shall
be limited to the exploratory longline fishery by Japan, New Zealand
and Russia. The fishery shall be conducted by a maximum in the season
of two (2) Japanese, five (5) New Zealand and two (2) Russian flagged
vessels 1 using longlines only.
Catch Limit
2. The total catch of Dissostichus spp. in Statistical Subarea 88.2
south of 65[deg]S in the 2002/03 season shall not exceed a
precautionary catch limit of 375 tonnes.
Season
3. For the purpose of the exploratory longline fishery for
Dissostichus spp. in Statistical Subarea 88.2, the 2002/03 season is
defined as the period from 1 December 2002 to 31 August 2003.
4. The exploratory longline fishery for Dissostichus spp. in
Statistical Subarea 88.2 shall be carried out in accordance with the
provisions of Conservation Measure 41-01 [F10/XXI], except paragraph 7.
By-Catch
5. The by-catch in this fishery shall be regulated as set out in
Conservation Measure 33-03 [F11/XXI].
Mitigation
6. The exploratory longline fishery for Dissostichus spp. in
Statistical Subarea 88.2 shall be carried out in accordance with the
provisions of Conservation Measure 25-02 [29/XXI], except paragraph 3
(night setting) shall not apply. Prior to licensing, each vessel shall
demonstrate its capacity to comply with experimental line-weighting
trials as approved by the Scientific Committee and described in
Conservation Measure 24-02 [216/XXI], and such data shall be reported
to the Secretariat immediately.
7. In Statistical Subarea 88.2, longlines may be set during
daylight hours only if the vessels are demonstrating a consistent
minimum line sink rate of 0.3 m/s in accordance with Conservation
Measure 24-02 [216/XXI]. Any vessel catching a total of three (3)
seabirds shall immediately revert to night setting in accordance with
Conservation Measure 25-02 [29/XXI].
8. There shall be no offal discharge in this fishery.
Observers
9. Each vessel participating in the fishery shall have at least two
scientific observers, one of whom shall be an observer appointed in
accordance with the CCAMLR Scheme of International Scientific
Observation, on board throughout all fishing activities within the
fishing period.
VMS
10. Each vessel participating in this exploratory longline fishery
shall be required to operate a VMS at all times, in accordance with
Conservation Measure 10-04 [148/XXI].
CDS
11. Each vessel participating in this exploratory longline fishery
shall be required to participate in the Catch Documentation Scheme for
Dissostichus spp., in accordance with Conservation Measure 10-05 170/
XXI].
Research
12. Each vessel participating in this exploratory fishery shall
conduct fishery-based research in accordance with the research plan
described in Conservation Measure 41-01 [F10/XXI], Annex B.
Data: Catch/Effort
13. For the purpose of implementing this conservation measure in
the 2002/03 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01 [51/XIX]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04 [122/XIX]. Fine-scale data shall be
submitted on a haul-by-haul basis.
14. For the purpose of Conservation Measures 23-01 and 23-04 [51/
XIX and 122/XIX], the target species is Dissostichus spp. and by-catch
species are defined as any species other than Dissostichus spp.
Data: Biological
15. Fine-scale biological data, as required under Conservation
Measure 23-05 [121/XIX], shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
Discharge
16. All vessels participating in this exploratory fishery shall be
prohibited from discharging:
(i) Oil or fuel products or oily residues into the sea, except as
permitted in Annex I of MARPOL 73/78;
(ii) Garbage;
(iii) Food wastes not capable of passing through a screen with
openings no greater than 25 mm;
(iv) Poultry or parts (including egg shells); or
(v) Sewage within 12 n miles of land or ice shelves, or sewage
while the ship is travelling at a speed of less than 4 knots.
Additional Elements
17. No live poultry or other living birds shall be brought into
Statistical Subarea 88.2 and any dressed poultry not consumed shall be
removed from Statistical Subarea 88.2.
1 As notified to the Secretariat in accordance with
Conservation Measure 21-02 [65/XXI] paragraph 2(iv).
Conservation Measure 42-01 (2002) [F02/XXI]
Limits on the Fishery for Champsocephalus Gunnari in Statistical
Subarea 48.3 in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 31-01 [7/V]:
Access
1. The fishery for Champsocephalus gunnari in Statistical Subarea
48.3 shall be conducted by vessels using trawls only. The use of bottom
trawls in the directed fishery for Champsocephalus gunnari in
Statistical Subarea 48.3 is prohibited.
2. Fishing for Champsocephalus gunnari shall be prohibited within
12 n miles of the coast of South Georgia during the period 1 March to
31 May (spawning period).
Catch Limit
3. The total catch of Champsocephalus gunnari in Statistical
Subarea 48.3 in the 2002/03 season shall be limited to 2 181 tonnes.
The total
[[Page 77896]]
catch of Champsocephalus gunnari taken in the period 1 March to 31 May
shall be limited to 545 tonnes.
4. Where any haul contains more than 100 kg of Champsocephalus
gunnari, and more than 10% of the Champsocephalus gunnari by number are
smaller than 240 mm total length, the fishing vessel shall move to
another fishing location at least 5 n miles distant.\1\ The fishing
vessel shall not return to any point within 5 n miles of the location
where the catch of small Champsocephalus gunnari exceeded 10%, for a
period of at least five days.\2\ The location where the catch of small
Champsocephalus gunnari exceeded 10% is defined as the path followed by
the fishing vessel from the point at which the fishing gear was first
deployed from the fishing vessel to the point at which the fishing gear
was retrieved by the fishing vessel.
Season
5. For the purpose of the trawl fishery for Champsocephalus gunnari
in Statistical Subarea 48.3, the 2002/03 season is defined as the
period from 1 December 2002 to 30 November 2003, or until the catch
limit is reached, whichever is sooner.
By-Catch
6. The by-catch in this fishery shall be regulated as set out in
Conservation Measure 33-01 [95/XIV]. If, in the course of the directed
fishery for Champsocephalus gunnari, the by-catch in any one haul of
any of the species named in Conservation Measure 33-01 [95/XIV].
[sbull] Is greater than 100 kg and exceeds 5% of the total catch of
all fish by weight, or
[sbull] Is equal to or greater than 2 tonnes, then
the fishing vessel shall move to another location at least 5 n miles
distant.\1\ The fishing vessel shall not return to any point within 5 n
miles of the location where the by-catch of species named in
Conservation Measure 33-01 [95/XIV] exceeded 5% for a period of at
least five days.\2\ The location where the by-catch exceeded 5% is
defined as the path followed by the fishing vessel from the point at
which the fishing gear was first deployed from the fishing vessel to
the point at which the fishing gear was retrieved by the fishing
vessel.
Mitigation
7. The operation of this fishery shall be carried out in accordance
with Conservation Measure 25-03 [173/XVIII] so as to minimise the
incidental mortality of seabirds in the course of the fishery.
8. Should any vessel catch a total of 20 seabirds, it shall cease
fishing and shall be excluded from further participation in the fishery
in the 2002/03 season.
Observers
9. Each vessel participating in this fishery shall have at least
one scientific observer appointed in accordance with the CCAMLR Scheme
of International Scientific Observation, and where possible one
additional scientific observer, on board throughout all fishing
activities within the fishing period.
Data: Catch/Effort
10. For the purpose of implementing this conservation measure in
the 2002/03 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01 [51/XIX]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04 [122/XIX]. Fine-scale data shall be
submitted on a haul-by-haul basis.
11. For the purpose of Conservation Measures 23-01 and 23-04 [51/
XIX and 122/XIX], the target species is Champsocephalus gunnari and by-
catch species are defined as any species other than Champsocephalus
gunnari.
Data: Biological
12. Fine-scale biological data, as required under Conservation
Measure 23-05 [121/XIX], shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
Research
13. Each vessel operating in this fishery during the period 1 March
to 31 May 2003 shall conduct twenty (20) research trawls in the manner
described in Annex 42-01/A [F02/A].
\1\ This provision concerning the minimum distance separating
fishing locations is adopted pending the adoption of a more
appropriate definition of a fishing location by the Commission.
\2\ The specified period is adopted in accordance with the
reporting period specified in Conservation Measure 23-01 [51/XIX],
pending the adoption of a more appropriate period by the Commission.
Annex 42-01/A [F02/A]
Research Trawls During Spawning Season
1. All fishing vessels taking part in the fishery for
Champsocephalus gunnari in Statistical Subarea 48.3 between 1 March and
31 May shall be required to conduct a minimum of 20 research hauls, to
be completed during that period. Twelve research hauls shall be carried
out in the Shag Rocks-Black Rocks area. These shall be distributed
between four sectors: four each in the NW and SE sectors, and two each
in the NE and SW sectors. A further eight research hauls shall be
conducted on the northwestern shelf of South Georgia over water less
than 300 m deep.
2. Each research haul must be at least 5 n miles distant from all
others. The spacing of stations is intended to be such that both areas
are adequately covered in order to provide information on the length,
sex, maturity and weight composition of Champsocephalus gunnari.
3. If concentrations of fish are located en route to South Georgia,
they should be fished in addition to the research hauls.
4. The duration of research hauls must be of a minimum of 30
minutes with the net at fishing depth. During the day, the net must be
fished close to the bottom.
5. The catch of all research hauls shall be sampled by the
international scientific observer on board. Samples should aim to
comprise at least 100 fish, sampled using standard random sampling
techniques. All fish in the sample should be at least examined for
length, sex and maturity determination, and where possible weight. More
fish should be examined if the catch is large and time permits.
Conservation Measure 42-02 (2002) [F03/XXI]
Limits on the Fishery for Champsocephalus Gunnari in Statistical
Division 58.5.2 in the 2002/03 Season
Access
1. The fishery for Champsocephalus gunnari in Statistical Division
58.5.2 shall be conducted by vessels using trawls only.
2. For the purpose of this fishery for Champsocephalus gunnari, the
area open to the fishery is defined as that portion of Statistical
Division 58.5.2 that lies within the area enclosed by a line:
(i) Starting at the point where the meridian of longitude
72[deg]15' E intersects the Australia-France Maritime Delimitation
Agreement Boundary then south along the meridian to its intersection
with the parallel of latitude 53[deg]25' S;
(ii) Then east along that parallel to its intersection with the
meridian of longitude 74[deg] E;
(iii) Then northeasterly along the geodesic to the intersection of
the parallel of latitude 52[deg]40' S and the meridian of longitude
76[deg] E;
[[Page 77897]]
(iv) Then north along the meridian to its intersection with the
parallel of latitude 52[deg] S;
(v) Then northwesterly along the geodesic to the intersection of
the parallel of latitude 51[deg] S with the meridian of longitude
74[deg]30' E; and
(vi) Then southwesterly along the geodesic to the point of
commencement.
3. Areas in Statistical Division 58.5.2 outside that defined above
shall be closed to directed fishing for Champsocephalus gunnari.
Catch Limit
4. The total catch of Champsocephalus gunnari in Statistical
Division 58.5.2 in the 2002/03 season shall be limited to 2 980 tonnes.
5. Where any haul contains more than 100 kg of Champsocephalus
gunnari, and more than 10% of the Champsocephalus gunnari by number are
smaller than 240 mm total length, the fishing vessel shall move to
another fishing location at least 5 n miles distant.\1\ The fishing
vessel shall not return to any point within 5 n miles of the location
where the catch of small Champsocephalus gunnari exceeded 10% for a
period of at least five days.\2\ The location where the catch of small
Champsocephalus gunnari exceeded 10% is defined as the path followed by
the fishing vessel from the point at which the fishing gear was first
deployed from the fishing vessel to the point at which the fishing gear
was retrieved by the fishing vessel.
Season
6. For the purpose of the trawl fishery for Champsocephalus gunnari
in Statistical Division 58.5.2, the 2002/03 season is defined as the
period from 1 December 2002 to 30 November 2003, or until the catch
limit is reached, whichever is sooner.
By-Catch
7. Fishing shall cease if the by-catch of any species reaches its
by-catch limit as set out in Conservation Measure 33-02 [F04/XXI].
Mitigation
8. The operation of this fishery shall be carried out in accordance
with Conservation Measure 25-03 [173/XVIII] so as to minimise the
incidental mortality of seabirds in the course of fishing.
Observers
9. Each vessel participating in this fishery shall have at least
one scientific observer, and may include one appointed in accordance
with the CCAMLR Scheme of International Scientific Observation, on
board throughout all fishing activities within the fishing period.
Data: Catch/Effort
10. For the purpose of implementing this conservation measure in
the 2002/03 season, the following shall apply:
(i) The Ten-day Catch and Effort Reporting System set out in Annex
42-02/B [F03/B]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Annex 42-02/B [F03/B]. Fine-scale data shall be submitted on a
haul-by-haul basis.
11. For the purpose of Annex 42-02/B [F03/B], the target species is
Champsocephalus gunnari and by-catch species are defined as any species
other than Champsocephalus gunnari.
Data: Biological
12. Fine-scale biological data, as required under Annex 42-02/B
[F03/B], shall be collected and recorded. Such data shall be reported
in accordance with the Scheme of International Scientific Observation.
\1\ This provision concerning the minimum distance separating
fishing locations is adopted pending the adoption of a more
appropriate definition of a fishing location by the Commission.
\2\ The specified period is adopted in accordance with the
reporting period specified in Conservation Measure 23-01 [51/XIX],
pending the adoption of a more appropriate period by the Commission.
Annex 42-02/B [F03/B]
Data Reporting System
A ten-day catch and effort reporting system shall be implemented:
(i) For the purpose of implementing this system, the calendar month
shall be divided into three reporting periods, viz: day 1 to day 10,
day 11 to day 20 and day 21 to the last day of the month. The reporting
periods are hereafter referred to as periods A, B and C;
(ii) At the end of each reporting period, each Contracting Party
participating in the fishery shall obtain from each of its vessels
information on total catch and total days and hours fished for that
period and shall, by cable, telex, facsimile or electronic
transmission, transmit the aggregated catch and days and hours fished
for its vessels so as to reach the Executive Secretary no later than
the end of the next reporting period;
(iii) A report must be submitted by every Contracting Party taking
part in the fishery for each reporting period for the duration of the
fishery, even if no catches are taken;
(iv) the catch of Champsocephalus gunnari and of all by-catch
species must be reported;
(v) Such reports shall specify the month and reporting period (A, B
and C) to which each report refers;
(vi) Immediately after the deadline has passed for receipt of the
reports for each period, the Executive Secretary shall notify all
Contracting Parties engaged in fishing activities in the division of
the total catch taken during the reporting period and the total
aggregate catch for the season to date; and
(vii) At the end of every three reporting periods, the Executive
Secretary shall inform all Contracting Parties of the total catch taken
during the three most recent reporting periods and the total aggregate
catch for the season to date.
A fine-scale catch, effort and biological data reporting system
shall be implemented:
(i) The scientific observer(s) aboard each vessel shall collect the
data required to complete the CCAMLR fine-scale catch and effort data
form C1, latest version. These data shall be submitted to the CCAMLR
Secretariat not later than one month after the vessel returns to port;
(ii) The catch of Champsocephalus gunnari and of all by-catch
species must be reported;
(iii) The numbers of seabirds and marine mammals of each species
caught and released or killed must be reported;
(iv) The scientific observer(s) aboard each vessel shall collect
data on the length composition from representative samples of
Champsocephalus gunnari and by-catch species:
(a) Length measurements shall be to the nearest centimetre below;
and
(b) Representative samples of length composition shall be taken
from each fine-scale grid rectangle (0.5[deg] latitude by 1[deg]
longitude) fished in each calendar month; and
(v) The above data shall be submitted to the CCAMLR Secretariat not
later than one month after the vessel returns to port.
Conservation Measure 43-01 (2002) [F07/XXI]
Precautionary Catch Limit for Electrona Carlsbergi in Statistical
Subarea 48.3 in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 31-01 [7/V]:
1. For the purposes of this conservation measure the fishing season
for Electrona carlsbergi is defined as the
[[Page 77898]]
period from 1 December 2002 to 30 November 2003.
2. The total catch of Electrona carlsbergi in the 2002/03 season
shall be limited to 109 000 tonnes in Statistical Subarea 48.3.
3. In addition, the total catch of Electrona carlsbergi in the
2002/03 season shall be limited to 14 500 tonnes in the Shag Rocks
region, defined as the area bounded by 52[deg]30'S, 40[deg]W;
52[deg]30'S, 44[deg]W; 54[deg]30'S, 40[deg]W and 54[deg]30'S, 44[deg]W.
4. In the event that the catch of Electrona carlsbergi is expected
to exceed 20 000 tonnes in the 2002/03 season, a survey of stock
biomass and age structure shall be conducted during that season by the
principal fishing nations involved. A full report of this survey
including data on stock biomass (specifically including area surveyed,
survey design and density estimates), age structure and the biological
characteristics of the by-catch shall be made available in advance for
discussion at the meeting of the Working Group on Fish Stock Assessment
in 2003.
5. The directed fishery for Electrona carlsbergi in Statistical
Subarea 48.3 shall close if the by-catch of any of the species named in
Conservation Measure 33-01 95/XIV] reaches its by-catch limit or if the
total catch of Electrona carlsbergi reaches 109 000 tonnes, whichever
is sooner.
6. The directed fishery for Electrona carlsbergi in the Shag Rocks
region shall close if the by-catch of any of the species named in
Conservation Measure 33-01 [95/XIV] reaches its by-catch limit or if
the total catch of Electrona carlsbergi reaches 14 500 tonnes,
whichever is sooner.
7. If, in the course of the directed fishery for Electrona
carlsbergi, the by-catch in any one haul of any species other than the
target species
[sbull] Is greater than 100 kg and exceeds 5% of the total catch of
all fish by weight, or
[sbull] Is equal to or greater than 2 tonnes, then
the fishing vessel shall move to another fishing location at least 5 n
miles distant \1\. The fishing vessel shall not return to any point
within 5 n miles of the location where the by-catch of species, other
than the target species, exceeded 5%, for a period of at least five
days \2\. The location where the by-catch exceeded 5% is defined as the
path followed by the fishing vessel from the point at which the fishing
gear was first deployed from the fishing vessel to the point at which
the fishing gear was retrieved by the fishing vessel.
8. For the purpose of implementing this conservation measure:
(i) The Catch Reporting System set out in Conservation Measure 23-
03 [40/X] shall apply in the 2002/03 season;
(ii) The Monthly Fine-scale Catch and Effort Data Reporting System
set out in Conservation Measure 23-04 [122/XIX] shall also apply in the
2002/03 season. For the purposes of Conservation Measure 23-04 [122/
XIX], the target species is Electrona carlsbergi, and `by-catch
species' are defined as any cephalopod, crustacean or fish species
other than Electrona carlsbergi; and
(iii) The Monthly Fine-scale Biological Data Reporting System set
out in Conservation Measure 23-05 [121/XIX] shall also apply in the
2002/03 season. For the purposes of Conservation Measure 23-05 [121/
XIX], the target species is Electrona carlsbergi, and `by-catch
species' are defined as any cephalopod, crustacean or fish species
other than Electrona carlsbergi. For the purposes of paragraph 3(ii) of
Conservation Measure 23-05 [121/XIX] a representative sample shall be a
minimum of 500 fish.
\1\ This provision concerning the minimum distance separating
fishing locations is adopted pending the adoption of a more
appropriate definition of a fishing location by the Commission.
\2\ The specified period is adopted in accordance with the
reporting period specified in Conservation Measure 23-01 [51/XIX],
pending the adoption of a more appropriate period by the Commission.
Conservation Measure 51-01 (2002) [32/XXI]
Precautionary Catch Limitations on Euphausia Superba in Statistical
Area 48
Catch Limit
1. The total catch of Euphausia superba in Statistical Area 48
shall be limited to 4.0 million tonnes in any fishing season.
2. The total catch shall be further subdivided into statistical
subareas as follows:
Subarea 48.1--1.008 million tonnes;
Subarea 48.2--1.104 million tonnes;
Subarea 48.3--1.056 million tonnes; and
Subarea 48.4--0.832 million tonnes.
3. Precautionary catch limits to be agreed by the Commission on the
basis of advice of the Scientific Committee shall be applied to smaller
management units, or on such other basis as the Scientific Committee
may advise, if the total catch in Statistical Area 48 in any fishing
season exceeds 620 000 tonnes.
4. This measure shall be kept under review by the Commission,
taking into account the advice of the Scientific Committee.
Season
5. A fishing season begins on 1 December and finishes on 30
November of the following year.
Data
6. For the purpose of implementing this conservation measure, the
data requirements set out in Conservation Measure 23-06 [F21/XXI] shall
apply.
Conservation Measure 51-02 (2002) [106/XXI]
Precautionary Catch Limitation on Euphausia Superba in Statistical
Division 58.4.1
Catch Limit
1. The total catch of Euphausia superba in Statistical Division
58.4.1 shall be limited to 440 000 tonnes in any fishing season.
2. The total catch shall be further subdivided into two
subdivisions within Statistical Division 58.4.1 as follows: west of
115[deg]E, 277 000 tonnes; and east of 115[deg]E, 163 000 tonnes.
3. This measure shall be kept under review by the Commission,
taking into account the advice of the Scientific Committee.
Season
4. A fishing season begins on 1 December and finishes on 30
November the following year.
Data
5. For the purposes of implementing this conservation measure, the
data requirements set out in Conservation Measure 23-06 [F21/XXI] shall
apply.
Conservation Measure 51-03 (2002) [45/XXI]
Precautionary Catch Limitation on Euphausia Superba in Statistical
Division 58.4.2
Catch Limit
1. The total catch of Euphausia superba in Statistical Division
58.4.2 shall be limited to 450 000 tonnes in any fishing season. This
limit shall be kept under review by the Commission, taking into account
the advice of the Scientific Committee.
Season
2. A fishing season begins on 1 December and finishes on 30
November of the following year.
Data
3. For the purposes of implementing this conservation measure, the
data
[[Page 77899]]
requirements set out in Conservation Measure 23-06 [F21/XXI] shall
apply.
Conservation Measure 52-01 (2002) [F08/XXI]
Limits on the Fishery for Crab in Statistical Subarea 48.3 in the 2002/
03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 31-01 [7/V]:
Access
1. The fishery for crab in Statistical Subarea 48.3 shall be
conducted by vessels using pots only. The crab fishery is defined as
any commercial harvest activity in which the target species is any
member of the crab group (Order Decapoda, Suborder Reptantia).
2. The crab fishery shall be limited to one vessel per Member.
3. Each Member intending to participate in the crab fishery shall
notify the CCAMLR Secretariat at least three months in advance of
starting fishing of the name, type, size, registration number, radio
call sign, and research and fishing operations plan of the vessel that
the Member has authorised to participate in the crab fishery.
Catch Limit
4. The total catch of crab in Statistical Subarea 48.3 in the 2002/
03 season shall not exceed a precautionary catch limit of 1 600 tonnes.
5. The crab fishery shall be limited to sexually mature male
crabs--all female and undersized male crabs caught shall be released
unharmed. In the case of Paralomis spinosissima and Paralomis formosa,
males with a minimum carapace width of 94 mm and 90 mm, respectively,
may be retained in the catch.
Season
6. For the purpose of the pot fishery for crab in Statistical
Subarea 48.3, the 2002/03 season is defined as the period from 1
December 2002 to 30 November 2003, or until the catch limit is reached,
whichever is sooner.
By-Catch
7. The by-catch of Dissostichus eleginoides shall be counted
against the catch limit in the fishery for Dissostichus eleginoides in
Statistical Subarea 48.3.
Observers
8. Each vessel participating in this fishery shall have at least
one scientific observer appointed in accordance with the CCAMLR Scheme
of International Scientific Observation, and where possible one
additional scientific observer, on board throughout all fishing
activities within the fishing period. Scientific observers shall be
afforded unrestricted access to the catch for statistical random
sampling prior to, as well as after, sorting by the crew.
Data: Catch/Effort
9. For the purpose of implementing this conservation measure in the
2002/03 season, the following shall apply:
(i) The Ten-day Catch and Effort Reporting System set out in
Conservation Measure 23-02 [61/XII]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04 [122/XIX]. Fine-scale data shall be
submitted on a haul-by-haul basis.
10. For the purpose of Conservation Measures 23-02 and 23-04 [61/
XII and 122/XIX] the target species is crab and by-catch species are
defined as any species other than crab.
Data: Biological
11. Fine-scale biological data, as required under Conservation
Measure 23-05 [121/XIX], shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
Research
12. Each vessel participating in this exploratory fishery shall
conduct fishery-based research in accordance with the data requirements
described in Annex 52-01/A [F08/A] and the experimental harvest regime
described in Conservation Measure 52-02 [F09/XXI]. Data collected for
the period up to 31 August 2003 shall be reported to CCAMLR by 30
September 2003 so that the data will be available to the meeting of the
Working Group on Fish Stock Assessment in 2003. Such data collected
after 31 August shall be reported to CCAMLR not later than three months
after the closure of the fishery.
Annex 52-01/A [F08/A]
Data Requirements on the Crab Fishery in Statistical Subarea 48.3
Catch and Effort Data: Cruise Descriptions: cruise code, vessel
code, permit number, year.
Pot Descriptions: diagrams and other information, including pot
shape, dimensions, mesh size, funnel position, aperture and
orientation, number of chambers, presence of an escape port.
Effort Descriptions: date, time, latitude and longitude of the
start of the set, compass bearing of the set, total number of pots set,
spacing of pots on the line, number of pots lost, depth, soak time,
bait type.
Catch Descriptions: retained catch in numbers and weight, by-catch
of all species (see Table 1), incremental record number for linking
with sample information.
Table 1.--Data Requirements for By-Catch Species in the Crab Fishery in
Statistical Subarea 48.3
------------------------------------------------------------------------
Species Data requirements
------------------------------------------------------------------------
Dissostichus eleginoides.................. Numbers and estimated total
weight.
Notothenia rossii......................... Numbers and estimated total
weight.
Other species............................. Estimated total weight.
------------------------------------------------------------------------
Biological Data: For these data, crabs are to be sampled from the
line hauled just prior to noon, by collecting the entire contents of a
number of pots spaced at intervals along the line so that between 35
and 50 specimens are represented in the subsample.
Cruise Descriptions: cruise code, vessel code, permit number.
Sample Descriptions: date, position at start of the set, compass
bearing of the set, line number.
Data: species, sex, length of at least 35 individuals, presence/
absence of rhizocephalan parasites, record of the destination of the
crab (kept, discarded, destroyed), record of the pot number from which
the crab comes.
Conservation Measure 52-02 (2002) [F09/XXI]
Experimental Harvest Regime for the Crab Fishery in Statistical Subarea
48.3 in the 2002/03 Season
The following measures apply to all crab fishing within Statistical
Subarea 48.3 in the 2002/03 fishing season. Every vessel participating
in the crab fishery in Statistical Subarea 48.3 shall conduct fishing
operations in accordance with an experimental harvest regime as
outlined below:
1. Vessels shall conduct the experimental harvest regime in the
2002/03 season at the start of their first season of participation in
the crab fishery and the following conditions shall apply:
(i) Every vessel when undertaking an experimental harvesting regime
shall expend its first 200,000 pot hours of effort within a total area
delineated by twelve blocks of 0.5[deg] latitude by 1.0[deg] longitude.
For each string, pot hours shall be calculated by taking the total
number of pots on the string and multiplying that number by the soak
[[Page 77900]]
time (in hours) for that string. Soak time shall be defined for each
string as the time between start of setting and start of hauling;
(ii) Vessels shall not fish outside the area delineated by the
0.5[deg] latitude by 1.0[deg] longitude blocks prior to completing the
experimental harvesting regime;
(iii) Vessels shall not expend more than 30,000 pot hours in any
single block of 0.5[deg] latitude by 1.0[deg] longitude;
(iv) If a vessel returns to port before it has expended 200,000 pot
hours in the experimental harvesting regime the remaining pot hours
shall be expended before it can be considered that the vessel has
completed the experimental harvesting regime; and
(v) After completing 200,000 pot hours of experimental fishing, it
shall be considered that vessels have completed the experimental
harvesting regime and they shall be permitted to commence fishing in a
normal fashion.
2. Data collected during the experimental harvest regime up to 30
June 2003 shall be submitted to CCAMLR by 31 August 2003.
3. Normal fishing operations shall be conducted in accordance with
the regulations set out in Conservation Measure 52-01 [F08/XXI].
4. For the purposes of implementing normal fishing operations after
completion of the experimental harvest regime, the Ten-day Catch and
Effort Reporting System set out in Conservation Measure 23-02 [61/XII]
shall apply.
5. Vessels that complete experimental harvest regime shall not be
required to conduct experimental fishing in future seasons. However,
these vessels shall abide by the guidelines set forth in Conservation
Measure 52-01 [F08/XXI].
6. Fishing vessels shall participate in the experimental harvest
regime independently (i.e. vessels may not cooperate to complete phases
of the experiment).
7. Crabs taken by any vessel for research purposes will be
considered as part of any catch limits in force for each species taken,
and shall be reported to CCAMLR as part of the annual STATLANT returns.
8. All vessels participating in the experimental harvest regime
shall carry at least one scientific observer on board during all
fishing activities.
Conservation Measure 61-01 (2002) [F20/XXI]
Limits on the Exploratory Fishery for Martialia Hyadesi in Statistical
Subarea 48.3 in the 2002/03 Season
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measures 21-02 and 31-01 [65/XXI and 7/V]:
Access
1. Fishing for Martialia hyadesi in Statistical Subarea 48.3 shall
be limited to the exploratory jig fishery by notifying countries. The
fishery shall be conducted by vessels using jigs only.
Catch Limit
2. The total catch of Martialia hyadesi in Statistical Subarea 48.3
in the 2002/03 season shall not exceed a precautionary catch limit of
2,500 tonnes.
Season
3. For the purpose of the exploratory jig fishery for Martialia
hyadesi in Statistical Subarea 48.3, the 2002/03 season is defined as
the period from 1 December 2002 to 30 November 2003, or until the catch
limit is reached, whichever is sooner.
Observers
4. Each vessel participating in this fishery shall have at least
one scientific observer appointed in accordance with the CCAMLR Scheme
of International Scientific Observation, and where possible one
additional scientific observer, on board throughout all fishing
activities within the fishing period.
Data: Catch/Effort
5. For the purpose of implementing this conservation measure in the
2002/03 season, the following shall apply:
(i) The Ten-day Catch and Effort Reporting System set out in
Conservation Measure 23-02 [61/XII]; and
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04 [122/XIX]. Fine-scale data shall be
submitted on a haul-by-haul basis.
6. For the purpose of Conservation Measures 23-02 and 23-04 [61/XII
and 122/XIX], the target species is Martialia hyadesi and by-catch
species are defined as any species other than Martialia hyadesi.
Data: biological
7. Fine-scale biological data, as required under Conservation
Measure 23-05 [121/XIX], shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
Research
8. Each vessel participating in this exploratory fishery shall
collect data in accordance with the Data Collection Plan described in
Annex 61-01/A [F20/A]. Data collected pursuant to the plan for the
period up to 31 August 2003 shall be reported to CCAMLR by 30 September
2003 so that the data will be available to the meeting of the Working
Group on Fish Stock Assessment in 2003.
Annex 61-01/A [F20/A]
Data Collection Plan for Exploratory Squid (Martialia Hyadesi)
Fisheries in Statistical Subarea 48.3
1. All vessels will comply with conditions set by CCAMLR. These
include data required to complete the data form (Form TAC) for the Ten-
day Catch and Effort Reporting System, as specified by Conservation
Measure 23-02 [61/XII]; and data required to complete the CCAMLR
standard fine-scale catch and effort data form for a squid jig fishery
(Form C3). This includes numbers of seabirds and marine mammals of each
species caught and released or killed.
2. All data required by the CCAMLR Scientific Observers Manual for
squid fisheries will be collected. These include:
(i) Vessel and observer program details (Form S1);
(ii) Catch information (Form S2); and
(iii) Biological data (Form S3).
Resolution 18/XXI [RR/XXI]
Harvesting of Dissostichus Eleginoides in Areas Outside of Coastal
State Jurisdiction Adjacent to the CCAMLR Area in FAO Statistical Areas
51 and 57
The Commission,
Affirming that CCAMLR was established to conserve the marine living
resources of the Antarctic marine ecosystem,
Recognising that CCAMLR also has the attributes of a regional
fisheries management organisation as considered under the auspices of
the United Nations,
Recognising that CCAMLR is the primary body responsible for the
conservation and rational use of Dissostichus eleginoides in areas not
under national jurisdiction,
Noting Resolution 10/XII concerning the need to harmonise
management measures within and adjacent to the CCAMLR Area taking into
account Article 87 of UNCLOS and in recognition of the obligations to
conserve the living resources of the high seas under Articles 117 to
119 of UNCLOS,
Noting the role of cooperation in scientific research through
collecting and exchanging data,
Recognising that measures to manage harvesting of stocks of
Dissostichus
[[Page 77901]]
eleginoides are needed in high seas of FAO Statistical Areas 51 and 57,
Recommends that Members provide data and other information, subject
to their laws and regulations, relevant to understanding the biology
and estimating the status of stocks in FAO Statistical Areas 51 and 57.
Recommends that Members take steps necessary to conduct only that
level of harvesting of Dissostichus eleginoides in FAO Statistical
Areas 51 and 57, which would ensure the conservation of this species in
the Convention Area.
Resolution 19/XXI [R01/XXI]
Flags of Non-Compliance*
The Commission,
Concerned that some Flag States, particularly certain non-
Contracting Parties, do not comply with their obligations regarding
jurisdiction and control according to international law in respect of
fishing vessels entitled to fly their flag that carry out their
activities in the Convention Area, and that as a result these vessels
are not under the effective control of such Flag States,
Aware that the lack of effective control facilitates fishing by
these vessels in the Convention Area in a manner that undermines the
effectiveness of CCAMLR's conservation measures, leading to illegal,
unreported and unregulated (IUU) catches of fish and unacceptable
levels of incidental mortality of seabirds,
Considering therefore such fishing vessels to be flying Flags of
Non-Compliance (FONC) in the context of CCAMLR ( FONC vessels),
Noting that the FAO Agreement to Promote Compliance with
International Conservation and Management Measures by Fishing Vessels
on the High Seas emphasizes that the practice of flagging or reflagging
fishing vessels as a means of avoiding compliance with international
conservation and management measures for living marine resources and
the failure of the States to fulfil their responsibilities with respect
of fishing vessels entitled to fly their flag, are among the factors
that seriously undermine the effectiveness of such measures,
Noting that the International Plan of Action to Prevent, Deter and
Eliminate Illegal, Unreported and Unregulated Fishing calls on States
to take measures to discourage nationals subject to their jurisdiction
from supporting and engaging in any activity that undermines the
effectiveness of international conservation and management measures,
urges all Contracting Parties and non-Contracting Parties cooperating
with CCAMLR to:
1. Without prejudice to the primacy of the responsibility of the
Flag State, to take measures or otherwise cooperate to ensure, to the
greatest extent possible, that the nationals subject to their
jurisdiction do not support or engage in IUU fishing, including
engagement on board FONC vessels in the CCAMLR Convention Area if this
is consistent with their national law.
2. Ensure the full cooperation of their relevant national agencies
and industries in implementing the measures adopted by CCAMLR.
3. Develop ways to ensure that the export or transfer of fishing
vessels from their State to a FONC State is prohibited.
4. Prohibit the landings and transhipments of fish and fish
products from FONC vessels.
*Many of the flags hereby called FONC are commonly referred to
as ``flags of convenience''.
Margaret F. Hayes,
Director, Office of Oceans Affairs, Bureau of Oceans, International
Environmental & Scientific Affairs, Department of State.
[FR Doc. 02-31851 Filed 12-18-02; 8:45 am]
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