Federal Register, Volume 74 Issue 28 (Thursday, February 12, 2009)

[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Notices]
[Pages 7110-7170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2516]

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Part II

Department of State

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Department of Commerce

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National Oceanic and Atmospheric Administration

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New and Revised Conservation and Management Measures and Resolutions
for Antarctic Marine Living Resources Under the Auspices of CCAMLR;
Notice

Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 /
Notices

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DEPARTMENT OF STATE

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XM35

New and Revised Conservation and Management Measures and
Resolutions for Antarctic Marine Living Resources Under the Auspices of
CCAMLR

AGENCIES: Office of Ocean Affairs, Department of State and National
Marine Fisheries Service (NMFS), National Oceanic and Atmospheric
Administration (NOAA), Commerce.

ACTION: Notice.

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SUMMARY: At its Twenty-Seventh Meeting in Hobart, Tasmania, from
October 27 to November 7, 2008, the Commission for the Conservation of
Antarctic Marine Living Resources (CCAMLR), of which the United States
is a member, adopted conservation and management measures and
resolutions, 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 (Convention). Measures adopted restrict overall
catches of certain species of finfish, squid, krill and crabs, restrict
fishing in certain areas, restrict use of certain fishing gear, specify
implementation and inspection obligations supporting the Catch
Documentation Scheme of Contracting Parties, promote compliance with
CCAMLR measures by non-Contracting Party vessels, and require vessels
engaged in bottom fishing to report data on benthic organisms recovered
by their gear. This notice includes the full text of the new and
revised conservation measures adopted at the Twenty-Seventh meeting of
CCAMLR. This notice also includes a listing of conservation measures
that carry over from last year without change. The full text of these
measures was published in the Federal Register on January 29, 2007,
except for Conservation Measures 10-04, 23-06, and 31-02 for which full
text was published in the Federal Register on December 21, 2007. NMFS
suggests that the public view these measures along with the measures
contained in this Federal Register notice for a complete listing of all
the measures adopted by CCAMLR at its recent meeting. The full text of
all measures adopted by CCAMLR can be found on CCAMLR's Web site--
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 by March 16, 2009.

FOR FURTHER INFORMATION CONTACT: Robert Gorrell, Office of Sustainable
Fisheries, Room 13463, 1315 East-West Highway, SSMC3, NMFS, Silver
Spring, MD 20910; tel: 301-713-2341; fax: 301-713-1193; e-mail
Robert.Gorrell@noaa.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, which NMFS uses to implement CCAMLR Conservation
Measures that are not expected to change from year to year. The
regulations in Subpart 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; Scientific observers; Dealer permits and
preapproval; Appointment of a designated representative; Requirements
for a vessel monitoring system; Prohibitions; Facilitation of
enforcement and inspection; and Penalties.
Review of existing conservation measures and resolutions (the date
in parenthesis indicates the last year in which the measure was amended
by CCAMLR):
The Commission noted that the following conservation measures would
lapse on November 30, 2008: 32-09 (2007), 33-02 (2007), 33-03 (2007),
41-01 (2007), 41-03 (2006), 41-04 (2007), 41-05 (2007), 41-06 (2007),
41-07 (2007), 41-09 (2007), 41-10 (2007), 41-11 (2007), 42-02 (2007),
52-01 (2007), 52-02 (2007) and 61-01 (2007). Conservation Measure 42-01
(2007) lapsed on November 14, 2008. All of these conservation measures
dealt with fishery-related matters for the 2007/08 season and are
replaced by new measures mentioned below.
The following unchanged conservation measures and resolutions will
remain in force in 2008/09:
Compliance: 10-01 (1998), 10-04 (2007) and 10-08 (2006).
General fishery matters: 21-02 (2006), 22-01 (1986), 22-02 (1984),
22-03 (1990), 22-04 (2006), 23-01 (2005), 23-02 (1993), 23-03 (1991),
23-04 (2000), 23-05 (2000), 23-06 (2007) and 25-03 (2003).
Fishery regulations: 31-01 (1986), 31-02 (2007), 32-01 (2001), 32-
02 (1998), 32-03 (1998), 32-04 (1986), 32-05 (1986), 32-06 (1985), 32-
07 (1999), 32-08 (1997), 32-10 (2002), 32-11 (2002), 32-12 (1998), 32-
13 (2003), 32-14 (2003), 32-15 (2003), 32-16 (2003), 32-17 (2003), 32-
18 (2006) and 33-01 (1995).
Protected areas: 91-01 (2004) and 91-02 (2004).
Resolutions: 7/IX, 10/XII, 14/XIX, 15/XXII, 16/XIX, 17/XX, 18/XXI,
19/XXI, 20/XXII, 21/XXIII, 22/XXV, 23/XXIII, 25/XXV and 26/XXVI.
The full text of all but three of these unchanged conservation
measures and all but one of the resolutions was published in the
January 29, 2007 Federal Register (72 FR 4068). The full text of
Conservation Measures 10-04, 23-06, and 31-02 was published in the
December 21, 2007 Federal Register (72 FR 72826). The full text of
Resolution 26/XXVI was also published in the December 21, 2007 Federal
Register (72 FR 72826).
The Commission revised the following conservation measures:
Compliance:

CM 10-02 (2007) was revised as 10-02 (2008) ^{1 2}
Licensing and inspection obligations of Contracting Parties with
regard to their flag vessels operating in the Convention Area
CM 10-03 (2005) was revised as 10-03 (2008) ^{1 2}
Port inspection of vessels carrying toothfish
CM 10-05 (2006) was revised as 10-05 (2008)
Catch Documentation Scheme for Dissostichus spp.
CM 10-06 (2006) was revised as 10-06 (2008)
Scheme to promote compliance by Contracting Party vessels with
CCAMLR conservation measures
CM 10-07 (2006) was revised as 10-07 (2008)

[[Page 7111]]

Scheme to promote compliance by non-Contracting Party vessels with
CCAMLR conservation measures

General fisheries matters:

CM 21-01 (2006) was revised as 21-01 (2008) ^{1 2}
Notification that Members are considering initiating a new fishery
CM 21-03 (2007) was revised as 21-03 (2008)
Notifications of intent to participate in a fishery for Euphausia
superba
CM 22-05 (2006) was revised as 22-05 (2008)
Restrictions on the use of bottom trawling gear in high-seas areas
of the Convention Area
CM 22-06 (2007) was revised as 22-06 (2008) ^{1 2}
Bottom fishing in the Convention Area
CM 24-01 (2005) was revised as 24-01 (2008) ^{1 2}
The application of conservation measures to scientific research
CM 24-02 (2005) was revised as 24-02 (2008)
Longline weighting for seabird conservation
CM 25-02 (2007) was revised as 25-02 (2008) ^{1 2}
Minimisation of the incidental mortality of seabirds in the course
of longline fishing or longline fishing research in the Convention Area
CM 26-01 (2006) was revised as 26-01 (2008) ^{1 2}
General environmental protection during fishing

Fishery regulations:

Toothfish: CM 41-02 (2007) was revised as 41-02 (2008)
Limits on the fishery for Dissostichus eleginoides in Statistical
Subarea 48.3 in the 2007/08 and 2008/09 seasons
Toothfish: CM 41-08 (2007) was revised as 41-08 (2008)
Limits on the fishery for Dissostichus eleginoides in Statistical
Division 58.5.2 in the 2007/08 and 2008/09 seasons
Krill: CM 51-01 (2007) was revised as 51-01 (2008)
Precautionary catch limitations on Euphausia superba in Statistical
Subareas 48.1, 48.2, 48.3 and 48.4
Krill: CM 51-02 (2006) was revised as 51-02 (2008)
Precautionary catch limitation on Euphausia superba in Statistical
Division 58.4.1
Krill: CM 51-03 (2007) was revised as 51-03 (2008)
Precautionary catch limitation on Euphausia superba in Statistical
Division 58.4.2

In addition, the Commission adopted 22 new conservation measures
and two new resolutions:
Compliance:

CM 10-09 (2008)
Notification system for transhipments within the Convention Area

General fisheries matters:

Gear Regulations: CM 22-07 (2008) ^{1 2}
Interim measure for bottom fishing activities subject to
Conservation Measure 22-06 encountering potential vulnerable marine
ecosystems in the Convention Area

Fishery regulations:

Fishing Seasons, Closed Areas and Prohibition of Fishing: CM 32-09
(2008)
Prohibition of directed fishing for Dissostichus spp. except in
accordance with specific conservation measures in the 2008/09 season
By-catch Limits: CM 33-02 (2008)
Limitation of by-catch in Statistical Division 58.5.2 in the 2008/
09 season
By-catch Limits: CM 33-03 (2008) ^{1 2}
Limitation of by-catch in new and exploratory fisheries in the
2008/09 season
Finfish Fisheries--Toothfish: CM 41-01 (2008) ^{1 2}
General measures for exploratory fisheries for Dissostichus spp. in
the Convention Area in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-03 (2008)
Limits on the fishery for Dissostichus spp. in Statistical Subarea
48.4 in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-04 (2008)
Limits on the exploratory fishery for Dissostichus spp. in
Statistical Subarea 48.6 in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-05 (2008)
Limits on the exploratory fishery for Dissostichus spp. in
Statistical Division 58.4.2 in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-06 (2008)
Limits on the exploratory fishery for Dissostichus spp. on Elan
Bank (Statistical Division 58.4.3a) outside areas of national
jurisdiction in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-07 (2008)
Limits on the exploratory fishery for Dissostichus spp. on BANZARE
Bank (Statistical Division 58.4.3b) outside areas of national
jurisdiction in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-09 (2008)
Limits on the exploratory fishery for Dissostichus spp. in
Statistical Subarea 88.1 in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-10 (2008)
Limits on the exploratory fishery for Dissostichus spp. in
Statistical Subarea 88.2 in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-11 (2008)
Limits on the exploratory fishery for Dissostichus spp. in
Statistical Division 58.4.1 in the 2008/09 season
Finfish Fisheries--Icefish: CM 42-01 (2008)
Limits on the fishery for Champsocephalus gunnari in Statistical
Subarea 48.3 in the 2008/09 season
Finfish Fisheries--Icefish: CM 42-02 (2008)
Limits on the fishery for Champsocephalus gunnari in Statistical
Division 58.5.2 in the 2008/09 season
Krill: CM 51-04 (2008)
General measure for exploratory fisheries for Euphausia superba in
the Convention Area in the 2008/09 season
Krill: CM 51-05 (2008)
Limits on the exploratory fisheries for Euphausia superba in
Statistical Subarea 48.6 in the 2008/09 season
Crustacean Fisheries--Crab: CM 52-01 (2008)
Limits on the fishery for crab in Statistical Subarea 48.3 in the
2008/09 season
Crustacean Fisheries--Crab: CM 52-02 (2008)
Limits on the exploratory fishery for crab in Statistical Subarea
48.2 in the 2008/09 season
Crustacean Fisheries--Crab: CM 52-03 (2008)
Limits on the exploratory fishery for crab in Statistical Subarea
48.4 in the 2008/09 season
Mollusc Fisheries--Squid: CM 61-01 (2008)
Limits on the exploratory fishery for Martialia hyadesi in
Statistical Subarea 48.3 in the 2008/09 season

\1\ Except for waters adjacent to the Kerguelen Islands and
Crozet Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.

Under Article IX(6)(c) of the Convention, the United States has 90
days after the November 12, 2008, notification by the Commission to
consider the Conservation Measures agreed to at the Twenty-Seventh
Meeting of CCAMLR and respond to the Secretariat of CCAMLR that we are
unable to accept a Conservation Measure(s).

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Resolutions:
Resolution 27/XXVII (Use of a specific tariff classification for
Antarctic krill)
Resolution 28/XXVIII (Ballast water exchange in the Convention Area)
Other:
CCAMLR Members also adopted substantive amendments to CCAMLR's
Scheme of International Scientific Observation (note: the CCAMLR Scheme
of observation is not a Conservation Measure so the text of the
modified Scheme is not published here). The CCAMLR Scheme of
observation will be incorporated into the ``Scientific Observers
Manual'' (Manual) which details proper implementation of the program.
Each approved observer receives the current Manual from NMFS.
Scientific observers must meet all sampling protocols and other
requirements of the Manual. The complete text of the CCAMLR Scheme of
observation is included in Section 1 of the Manual.
CCAMLR Members also adopted a policy to enhance cooperation between
CCAMLR and Non-Contracting Parties, to ensure effectiveness of CCAMLR
Conservation measures, and to eliminate IUU fishing. This policy does
not take the form of a Conservation Measure and so it also is not
published here.
For further information, see the CCAMLR Web site at http://
www.ccamlr.org under Publications for the Schedule of Conservation
Measures in Force (2008/2009), or contact the Commission at the CCAMLR
Secretariat, P.O. Box 213, North Hobart, Tasmania 7002, Australia. Tel:
(61) 3-6210-1111).

Conservation Measures and Resolutions Adopted at CCAMLR-XXVII

Conservation Measure 10-02 (2008) \1\ \2\

Licensing and inspection obligations of Contracting Parties with regard
to their flag vessels operating in the Convention Area
(Species: all; Area: all; Season: all; Gear: all)

1. Each Contracting Party shall prohibit fishing by its flag
vessels in the Convention Area except pursuant to a licence \3\ that
the Contracting Party has issued setting forth the specific areas,
species and time periods for which such fishing is authorised and all
other specific conditions to which the fishing is subject to give
effect to CCAMLR conservation measures and requirements under the
Convention.
2. A Contracting Party may only issue such a licence to fish in the
Convention Area to vessels flying its flag, if it is satisfied of its
ability to exercise its responsibilities under the Convention and its
conservation measures, by requiring from each vessel, inter alia, the
following:
(i) Timely notification by the vessel to its Flag State of exit
from and entry into any port;
(ii) Notification by the vessel to its Flag State of entry into the
Convention Area and movement between areas, subareas/divisions;
(iii) Reporting by the vessel of catch data in accordance with
CCAMLR requirements;
(iv) Reporting, where possible as set out in Annex 10-02/A by the
vessel of sightings of fishing vessels \4\ in the Convention Area;
(v) Operation of a VMS system on board the vessel in accordance
with Conservation Measure 10-04;
(vi) Noting the International Management Code for the Safe
Operation of Ships and for Pollution Prevention (International Safety
Management Code), from 1 December 2009:
(a) Adequate communication equipment (including MF/HF radio and
carriage of at least one 406MHz EPIRB) and trained operators on board.
Wherever possible, vessels should be fitted with Global Maritime
Distress and Safety System (GMDSS) equipment;
(b) Sufficient immersion survival suits for all on board;
(c) Adequate arrangements to handle medical emergencies that may
arise in the course of the voyage;
(d) Reserves of food, fresh water, fuel and spare parts for
critical equipment to provide for unforseen delays and besetment;
(e) An approved \5\ Shipboard Oil Pollution Emergency Plan (SOPEP)
outlining marine pollution mitigation arrangements (including
insurance) in the event of a fuel or waste spill.
3. Each Contracting Party shall provide to the Secretariat within
seven days of the issuance of each licence the following information
about licences issued:
Name of the vessel
Time periods authorised for fishing (start and end dates)
Area(s), subareas or divisions of fishing
Species targeted
Gear used.
4. Each Contracting Party shall provide to the Secretariat within
seven days of the issuance of each licence the following information
about licences issued:
(i) Name of fishing vessel (any previous names if known) \6\,
registration number \7\, IMO number (if issued), external markings and
port of registry;
(ii) The nature of the authorisation to fish granted by the Flag
State, specifying time periods authorised for fishing (start and end
dates), area(s) of fishing, species targeted and gear used;
(iii) Previous flag (if any) \6\
(iv) International Radio Call Sign;
(v) Name and address of vessel's owner(s), and any beneficial
owner(s) if known;
(vi) Name and address of licence owner (if different from vessel
owner(s));
(vii) Type of vessel;
(viii) Where and when built;
(ix) Length (m);
(x) High-resolution colour photographs of the vessel of appropriate
brightness and contrast \8\ which shall consist of:
One photograph not smaller than 12 x 7 cm showing the
starboard side of the vessel displaying its full overall length and
complete structural features;
One photograph not smaller than 12 x 7 cm showing the port
side of the vessel displaying its full overall length and complete
structural features;
One photograph not smaller than 12 x 7 cm showing the
stern taken directly from astern;
(xi) Where applicable, in accordance with Conservation Measure 10-
04, details of the implementation of the tamper-proof requirements of
the satellite monitoring device installed on board.
5. Each Contracting Party shall, to the extent practicable, also
provide to the Secretariat at the same time as submitting information
in accordance with paragraph 4, the following additional information in
respect to each fishing vessel licensed:
(i) Name and address of operator, if different from vessel owners;
(ii) Names and nationality of master and, where relevant, of
fishing master;
(iii) Type of fishing method or methods;
(iv) Beam (m);
(v) Gross registered tonnage;
(vi) Vessel communication types and numbers (INMARSAT A, B and C
numbers);
(vii) Normal crew complement;
(viii) Power of main engine or engines (kW);
(ix) Carrying capacity (tonnes), number of fish holds and their
capacity (m\3\);
(x) Any other information in respect of each licensed vessel they
consider appropriate (e.g. ice classification) for the purposes of the
implementation of the conservation measures adopted by the Commission.
6. Contracting Parties shall communicate without delay to the
Secretariat any change to any of the information submitted in
accordance with paragraphs 3, 4 and 5.

[[Page 7113]]

7. The Executive Secretary shall place a list of licensed vessels
on the public section of the CCAMLR Web site.
8. The licence or an authorised copy of the licence must be carried
by the fishing vessel and must be available for inspection at any time
by a designated CCAMLR inspector in the Convention Area.
9. Each Contracting Party shall verify, through inspections of all
of its fishing vessels at the Party's departure and arrival ports, and
where appropriate, in its Exclusive Economic Zone, their compliance
with the conditions of the licence as described in paragraph 1 and with
the CCAMLR conservation measures. In the event that there is evidence
that the vessel has not fished in accordance with the conditions of its
licence, the Contracting Party shall investigate the infringement and,
if necessary, apply appropriate sanctions in accordance with its
national legislation.
10. Each Contracting Party shall include in its annual report
pursuant to paragraph 12 of the CCAMLR System of Inspection, steps it
has taken to implement and apply this conservation measure; and may
include additional measures it may have taken in relation to its flag
vessels to promote the effectiveness of CCAMLR conservation measures.

\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ Includes permit and authorisation.
\4\ Including support vessels such as reefer vessels.
\5 \ Shipboard Oil Pollution Emergency Plan to be approved by
the Maritime Safety Authority of the Flag State.
\6 \ In respect of any vessel reflagged within the previous 12
months, any information on the details of the process of (reasons
for) previous deregistration of the vessel from other registries, if
known.
\7\ National registry number.
\8\ All photographs shall be of sufficient quality to enable
clear identification of the vessel.

Annex 10-02/A

Reporting of Vessel Sightings

1. In the event that the master of a licensed fishing vessel sights
a fishing vessel \4\ within the Convention Area, the master shall
document as much information as possible on each such sighting,
including:
(a) Name and description of the vessel.
(b) Vessel call sign.
(c) Registration number and the Lloyds/IMO number of the vessel.
(d) Flag State of the vessel.
(e) Photographs of the vessel to support the report.
(f) Any other relevant information regarding the observed
activities of the sighted vessel.
2. The master shall forward a report containing the information
referred to in paragraph 1 to their Flag State as soon as possible. The
Flag State shall submit to the Secretariat any such reports that meet
the criteria of paragraph 3 of Conservation Measure 10-06 or paragraph
8 of Conservation Measure 10-07.
3. The Secretariat shall use such reports for compiling estimates
of IUU activities.

Conservation Measure 10-03 (2008) \1\ \2\ \3\

Port inspections of vessels carrying toothfish
(Species: toothfish; Area: all; Season: all; Gear: all)

1. Contracting Parties shall undertake inspections of all fishing
vessels \4\ 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 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, unreported and unregulated (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 and to all non-
Contracting Parties cooperating with the Commission by participating in
the Catch Documentation Scheme for Dissostichus spp. (CDS).

\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ 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.
\4\ For the purposes of this conservation measure, `fishing
vessel' means any vessel of any size used for, equipped to be used
for, or intended for use for the purposes of fishing or fishing
related activities, including support ships, fish processing
vessels, vessels engaged in transhipment and carrier vessels
equipped for the transportation of fishery products except container
vessels and excluding Members' marine science research vessels.
In relation to only carrier vessels equipped for transportation
of fishery products, Contracting Parties shall conduct a preliminary
assessment of the relevant documentation. If that assessment raises
concerns regarding compliance with CCAMLR conservation measures, an
inspection according to the provisions of this conservation measure
shall be required.

Conservation Measure 10-05 (2008)

Catch Documentation Scheme for Dissostichus spp.
(Species: toothfish; Area: all; Season: all; Gear: all)
The Commission,

Concerned that illegal, unreported and unregulated (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

[[Page 7114]]

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. (CDS) 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.,
Further recognising the importance of enhancing cooperation with
non-Contracting Parties to help prevent, deter and eliminate IUU
fishing in the Convention Area,
Acknowledging that the Commission has adopted a policy to enhance
cooperation between CCAMLR and non-Contracting Parties,
Inviting non-Contracting Parties whose vessels fish for
Dissostichus spp. to participate in the CDS,

hereby adopts the following conservation measure in accordance with
Article IX of the Convention:

1. The following definitions are intended only for the purposes of
the completion of CDS documents and shall be applied as stated
regardless of whether such actions as landings, transhipments, imports,
exports or re-exports constitute the same under any CDS participant's
customs law or other domestic legislation:
(i) Port State: The State that has control over a particular port
area or free trade zone for the purposes of landing, transhipment,
importing, exporting and re-exporting and whose authority serves as the
authority for landing or transhipment certification.
(ii) Landing: The initial transfer of catch in its harvested or
processed form from a vessel to dockside or to another vessel in a port
or free trade zone where the catch is certified by an authority of the
Port State as landed.
(iii) Export: Any movement of a catch in its harvested or processed
form from territory under the control of the State or free trade zone
of landing, or, where that State or free trade zone forms part of a
customs union, any other member State of that customs union.
(iv) Import: The physical entering or bringing of a catch into any
part of the geographical territory under the control of a State, except
where the catch is landed or transhipped within the definitions of
`landing' or `transhipment' in this conservation measure.
(v) Re-export: Any movement of a catch in its harvested or
processed form from territory under the control of a State, free trade
zone, or member State of a customs union of import unless that State,
free trade zone, or any member State of that customs union of import is
the first place of import, in which case the movement is an export
within the definition of `export' in this conservation measure.
(vi) Transhipment: The transfer of a catch in its harvested or
processed form from a vessel to another vessel or means of transport,
and, where such transfer takes place within the territory under the
control of a Port State, for the purpose of effecting its removal from
that State. For the avoidance of doubt, temporarily placing a catch on
land or an artificial structure to facilitate such transfer shall not
prevent the transfer from being a transhipment where the catch is not
`landed' within the definition of `landing' in this conservation
measure.
2. 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.
3. 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 (DCD) for the catch landed or
transhipped on each occasion that it lands or tranships Dissostichus
spp.
4. 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 DCD. The landing of
Dissostichus spp. without a catch document is prohibited.
5. Each Contracting Party shall, in accordance with their laws and
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 DCD forms to each of its flag vessels
authorised to harvest Dissostichus spp. and only to those vessels.
6. A non-Contracting Party seeking to cooperate with CCAMLR by
participating in this scheme may issue DCD forms, in accordance with
the procedures specified in paragraphs 8 and 9, to any of its flag
vessels that intend to harvest Dissostichus spp.
7. Non-Contracting Parties which are involved in the trade of
Dissostichus spp. are encouraged to approach the CCAMLR Secretariat
with requests for assistance. Proposals must demonstrate how any
specific assistance requested will help to combat IUU fishing in the
Convention Area. Such requests will be considered by the Commission at
its annual meeting. The procedure regarding cooperation with CCAMLR in
the implementation of the CDS by non-Contracting Parties involved in
the trade of Dissostichus spp. is set out in Annex 10-05/C.
8. The DCD 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;
(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.
9. Procedures for completing DCDs in respect of vessels are set
forth in paragraphs A1 to A10 of Annex 10-05/A to this measure.
10. Each Contracting Party shall require that each shipment of
Dissostichus spp. imported into or

[[Page 7115]]

exported or re-exported from its territory be accompanied by the
export/re-export document. The import, export or re-export of
Dissostichus spp. without an export/re-export document is prohibited.
11. An export/re-export 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 to this measure;
(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.
12. The standard documents for catch, export and re-export
documents are attached to Annex 10-05/A as follows:
(i) Attachment 1 contains the standard catch document (which also
includes provision for export) and the standard form for re-export
which are to be used until 31 May 2009;
(ii) Attachment 2 contains the standard catch document and the
standard form for export/re-export which are to be used from 1 June
2009.
Until 31 May 2009:
(i) All references in this conservation measure and its annex to
the export/re-export document, with respect to exporting, shall be read
as referring to the export section of the standard catch document in
Attachment 1;
(ii) All references in this conservation measure and its annex to
the export/re-export document, with respect to re-exporting, shall be
read as referring to the standard form for re-export in Attachment 1.
13. Each Contracting Party shall ensure that its customs government
authorities or other appropriate government 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 document 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.
14. If, as a result of an examination referred to in paragraph 13
above, a question arises regarding the information contained in a DCD
or a re-export document, the exporting State whose government 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.
15. Each Contracting Party shall promptly provide by the most rapid
electronic means, copies to the CCAMLR Secretariat of all export
documents and, where relevant, validated re-export documents that it
issued from and received into its territory and shall submit annually
to the Secretariat a summary list of documents issued from or received
into its territory in respect of transhipments, landings, exports, re-
exports and imports. The list shall include: document identification
numbers; date of landing, export, re-export, import; weights landed,
exported, re-exported or imported.
16. Each Contracting Party, and any non-Contracting Party that
issues DCDs in respect of its flag vessels in accordance with paragraph
6, shall inform the CCAMLR Secretariat of the government authority or
authorities (including names, addresses, phone and fax numbers and e-
mail addresses) responsible for issuing and validating DCDs.
17. Notwithstanding the above, any Contracting Party, or any non-
Contracting Party participating in the CDS, 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.
18. If, following an examination under paragraph 13, questions
under paragraph 14 or requests for additional verification of documents
under paragraph 17, it is determined, after consultation with the
States concerned, that a catch document is invalid, the import, export
or re-export of Dissostichus spp. being the subject of the document is
prohibited.
19. 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.
20. 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. In addition,
Contracting Parties may offer voluntary contributions to support the
CDS Fund and its related activities. 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 10-
05/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

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;
(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 8 of 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;
(iv) The master shall convey to the Flag State of the vessel by the
most

[[Page 7116]]

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 paragraph 1 of Conservation Measure 10-04),
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 obtaining the signature on the Dissostichus catch document
of the master of the vessel to which the catch is being 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 of the Port State of landing or free trade zone
who is acting under the direction of either the customs or fisheries
authority of the Port State and is competent with regard to the
validation of Dissostichus catch documents;
(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;
(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 each 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 of the Port State of landing or free
trade zone who is acting under the direction of either the customs or
fisheries authority of the Port State and is competent with regard to
the validation of Dissostichus catch documents;
(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;
(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 or re-
exported from the country of landing or import, the exporter shall
adhere to the following procedures to obtain the necessary export or
re-export document for all the Dissostichus spp. contained in the
shipment:
(i) The exporter/re-exporter shall enter on each Dissostichus
export/re-export document the reference number of the corresponding
Dissostichus catch document, the amount of each Dissostichus spp.
reported on the document that is contained in the shipment;
(ii) The exporter/re-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/re-exporter shall enter on each export/re-export
document the exporter/re-exporter's name and address, and shall sign
the document;
(iv) The exporter/re-exporter shall obtain a signed and stamped
validation of the export/re-export document (including the attachments
if provided) by a responsible official of the exporting/re-exporting
State.
(v) The exporter/re-exporter shall indicate the transport details
as appropriate:
If by sea:

Container(s) number(s) if appropriate, or
Vessel name, and
Bill of lading number, date and place of issue;

[[Page 7117]]

If by air:

Flight number, airway bill number, place and date of issue;

If by other means (ground transportation):

Truck registration number and nationality,
Railway transport number, date and place of issue.

BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TN12FE09.001

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[GRAPHIC] [TIFF OMITTED] TN12FE09.002

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[GRAPHIC] [TIFF OMITTED] TN12FE09.003

BILLING CODE 3510-22-C

Annex 10-05/B

The Use of the CDS Fund

B1. The overall objective of the CDS Fund (``the Fund'') is to
provide a mechanism which enables the Commission to enhance its
capacity to prevent, deter and eliminate IUU fishing in the Convention
Area, by inter alia, improving the effectiveness of the CDS.
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 enhancing the
Commission's capacity to contribute to the prevention, deterrence and
elimination of IUU fishing in the Convention Area. The Fund may also be
used for assisting the development and improving the effectiveness of
the CDS 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 shall be considered,
this shall not replace the normal responsibilities of Members of the
Commission. The

[[Page 7122]]

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 submitted to the annual meeting
of the Commission as working papers 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 and to make
recommendations to the Commission on whether to fund special projects
or special needs. The Review Panel will 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 by contributing
to the prevention, deterrence and elimination of IUU fishing in the
Convention Area, so long as this use is consistent with provisions (i)
and (ii) above. Such assistance shall be provided within the scope of
the CCAMLR Cooperation Enhancement Program contained in the Policy to
Enhance Cooperation between CCAMLR and non-Contracting Parties.
Acceding States and non-Contracting Parties may submit proposals for
consideration by the Commission at its annual meeting, if the proposals
are sponsored by, or in cooperation with, a Member or the Secretariat.
(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 as a working
paper 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.

Annex 10-05/C

Procedure Regarding Cooperation With CCAMLR in the Implementation of
the CDS by Non-Contracting Parties Involved in the Trade of
Dissostichus SPP

C1. Prior to the annual meeting of the Commission, the Executive
Secretary shall contact all non-Contracting Parties which are known to
be involved in the trade with Dissostichus spp. to urge them to become
a Contracting Party to CCAMLR or to attain the status of a non-
Contracting Party cooperating with CCAMLR by participating in the Catch
Documentation Scheme for Dissostichus spp. (CDS) in accordance with the
provisions of Conservation Measure 10-05 and produce a summary paper
for consideration by the Commission. The Executive Secretary shall
provide copies of this conservation measure and any related resolutions
adopted by the Commission.
C2. The Executive Secretary shall also establish contact with any
non-Contracting Party during the intersessional period, as soon as
possible after it was known the non-Contracting Party was engaged in
the trade with Dissostichus spp. The Executive Secretary shall
immediately circulate any written responses to the Members of the
Commission.
C3. The Executive Secretary shall encourage non-Contracting Parties
to approach the CCAMLR Secretariat with requests for assistance.
Proposals must demonstrate how any specific assistance requested will
help to combat IUU fishing in the Convention Area. Such requests will
be considered by the Commission at its annual meeting.
C4. Any non-Contracting Party that seeks to be accorded the status
of non-Contracting Party cooperating with CCAMLR by participating in
the CDS shall apply to the Executive Secretary requesting such status.
Such requests must be received by the Executive Secretary no later than
ninety (90) days in advance of an annual meeting of the CAMLR
Commission in order to be considered at that meeting.
C5. Any non-Contracting Party requesting the status of a non-
Contracting Party cooperating with CCAMLR by participating in the CDS
shall fulfil the following requirements in order to have this status
considered by the Commission:
(i) Information requirements:
(a) Communicate the data required under the CDS.
(ii) Compliance requirements:
(a) Implement all the provisions of Conservation Measure 10-05;
(b) Inform CCAMLR of all the measures taken to ensure compliance by
its vessels used for the transhipments of Dissostichus spp. and its
operators, including inter alia, and as appropriate, inspection at sea
and in port, CDS implementation;
(c) Respond to alleged violations of CCAMLR measures by its vessels
transhipping Dissostichus spp. and its operators, as determined by the
appropriate bodies, and communicate to CCAMLR the actions taken against
operators.
C6. An applicant for the status of a non-Contracting Party
cooperating with CCAMLR by participating in the CDS shall also:
(i) Confirm its commitment to implement Conservation Measure 10-05;
and
(ii) Inform the Commission of the measures it takes to ensure
compliance by its operators with Conservation Measure 10-05.
C7. The Standing Committee for Implementation and Compliance (SCIC)
shall be responsible for reviewing requests for the status of non-
Contracting Party cooperating with CCAMLR by participating in the CDS
and for recommending to the Commission whether the applicants should be
granted such status.
C8. Annually the Commission shall review the status granted to each
non-Contracting Party and may revoke this status if the non-Contracting
Party concerned has not complied with the criteria for attaining such
status established by this measure.

Conservation Measure 10-06 (2008)

Scheme to promote compliance by Contracting Party vessels with CCAMLR
conservation measures
(Species: all; Area: all; Season: all; Gear: all)
The Commission,

[[Page 7123]]

Convinced that illegal, unreported and unregulated (IUU) fishing
compromises the objective of the Convention,
Aware that a number of vessels registered to Parties and non-
Parties are engaged in activities which diminish the effectiveness of
CCAMLR conservation measures,
Recalling that Contracting Parties are required to cooperate in
taking appropriate action to deter any 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 (CP-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, trade
information obtained on the basis of the implementation of Conservation
Measure 10-05 and relevant trade statistics such as Food and
Agriculture Organization of the United Nations (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. Where a Contracting Party obtains information that vessels
flying the flag of another Contracting Party have engaged in activities
set out in paragraph 5, it shall submit a report containing this
information, within 30 days of having become aware of it, to the
Executive Secretary and the Contracting Party concerned. Contracting
Parties shall indicate that the information is provided for the
purposes of considering whether to include the vessel concerned in the
CP-IUU Vessel List under Conservation Measure 10-06. The Executive
Secretary shall within one business day circulate the report to the
other Contracting Parties and to non-Contracting Parties cooperating
with the Commission by participating in the Catch Documentation Scheme
for Dissostichus spp. (CDS), and invite them to communicate any
information available to them in respect of the vessels referred to
above, including their ownership, operators and their trade activities.
4. 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:
(i) 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;
(ii) Their vessels are repeatedly included in the CP-IUU Vessel
List.
5. In order for a Contracting Party's vessel to be included in the
CP-IUU Vessel List there must be evidence, gathered in accordance with
paragraphs 2 and 3, that the vessel has:
(i) Engaged in fishing activities in the CCAMLR Convention Area
without a licence issued in accordance with Conservation Measure 10-02,
or in violation of the conditions under which such licence would have
been issued in relation to authorised areas, species and time periods;
or
(ii) Not recorded or not declared its catches made in the CCAMLR
Convention Area in accordance with the reporting system applicable to
the fisheries it engaged in, or made false declarations; or
(iii) Fished during closed fishing periods or in closed areas in
contravention of CCAMLR conservation measures; or
(iv) Used prohibited gear in contravention of applicable CCAMLR
conservation measures; or
(v) Transhipped or participated in joint fishing operations with,
supported or re-supplied other vessels identified by CCAMLR as carrying
out IUU fishing activities (i.e. vessels on the CP-IUU Vessel List or
the NCP-IUU Vessel List established under Conservation Measure 10-07);
or
(vi) Failed to provide, when required under Conservation Measure
10-05, a valid catch document for Dissostichus spp.; or
(vii) 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
(viii) 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.

Draft CP-IUU Vessel List

6. The Executive Secretary shall, before 1 July of each year, draw
up a draft list of Contracting Party vessels (the Draft CP-IUU Vessel
List), listing all Contracting Party vessels that, on the basis of the
information gathered in accordance with paragraphs 2 and 3, and any
other information that the Executive Secretary might have obtained in
relation thereto, and the criteria defined in paragraph 4, might be
presumed to have engaged in any of the activities referred to in
paragraph 5 during the period beginning 30 days before the start of the
previous CCAMLR annual meeting. The Draft CP-IUU Vessel List shall be
distributed immediately to the Contracting Parties concerned.
7. Contracting Parties whose vessels are included in the Draft CP-
IUU Vessel List shall transmit their comments to the Executive
Secretary before 1 September, including verifiable VMS data and other
supporting information showing that the vessels listed have not engaged
in the activities which led to their inclusion in the Draft CP-IUU
Vessel List.

Provisional CP-IUU Vessel List

8. The Executive Secretary shall create a new list (`the
Provisional CP-IUU Vessel List') which shall comprise the Draft CP-IUU
Vessel List and all information received pursuant to paragraph 7.
Before 1 October, the Executive Secretary shall transmit the
Provisional CP-IUU Vessel List, the CP-IUU Vessel List agreed at the
previous CCAMLR annual meeting, and any evidence or documented
information received since that meeting regarding vessels on the
Provisional CP-IUU Vessel List and CP-IUU Vessel List to all
Contracting Parties and non-Contracting Parties cooperating with the
Commission by participating in the CDS. The Executive Secretary shall
at the same time:
(i) Request non-Contracting Parties cooperating with the Commission
by participating in the CDS that, to the extent possible in accordance
with their applicable laws and regulations, they do not register or de-
register vessels that have been placed on the Provisional CP-IUU Vessel
List until such time as the Commission has had the opportunity to
consider the List and has made its determination;

[[Page 7124]]

(ii) Invite non-Contracting Parties cooperating with the Commission
by participating in the CDS to submit any evidence or documented
information regarding vessels on the Provisional CP-IUU Vessel List and
CP-IUU Vessel List, at the latest 30 days before the start of the next
CCAMLR annual meeting. Where the incident occurs within the month
preceding the next CCAMLR annual meeting, evidence or documented
information should be provided as soon as possible.
9. Contracting Parties shall take all necessary measures, to the
extent possible in accordance with their applicable laws and
regulations, in order that:
(i) They do not register or de-register vessels that have been
placed on the Provisional CP-IUU List until such time as the Commission
has had the opportunity to examine the List and has made its
determination;
(ii) If they do de-register a vessel on the Provisional CP-IUU
Vessel List they inform, where possible, the Executive Secretary of the
proposed new Flag State of the vessel, whereupon the Executive
Secretary shall inform that State that the vessel is on the Provisional
CP-IUU Vessel List and urge that State not to register the vessel.

Proposed and Final CP-IUU Vessel List

10. Contracting Parties shall submit to the Executive Secretary any
additional information which might be relevant for the establishment of
the CP-IUU Vessel List within 30 days of having become aware of such
information and at the latest 30 days before the start of the CCAMLR
annual meeting. A report containing this information shall be submitted
in the format set out in paragraph 16, and Contracting Parties shall
indicate that the information is provided for the purposes of
considering whether to include the vessel concerned in the CP-IUU
Vessel List under Conservation Measure 10-06. The Secretariat shall
collate all information received and, where this has not been provided
in relation to a vessel, attempt to obtain the information in
paragraphs 16(i) to (vii).
11. The Executive Secretary shall circulate to Contracting Parties,
at the latest 30 days before the start of the CCAMLR annual meeting,
all evidence or documented information received under paragraphs 8 and
9, together with any other evidence or documented information received
in terms of paragraphs 2 and 3.
12. At each CCAMLR annual meeting, the Standing Committee on
Implementation and Compliance (SCIC) shall, by consensus:
(i) Adopt a Proposed CP-IUU Vessel List, following consideration of
the Provisional CP-IUU Vessel List and information and evidence
circulated under paragraph 10. The Proposed CP-IUU Vessel List shall be
submitted to the Commission for approval;
(ii) Recommend to the Commission which, if any, vessels should be
removed from the CP-IUU Vessel List adopted at the previous CCAMLR
annual meeting, following consideration of that List and information
and evidence circulated under paragraph 10.
13. SCIC shall include a vessel on the Proposed CP-IUU Vessel List
only if one or more of the criteria in paragraph 5 have been satisfied.
14. SCIC shall recommend that the Commission should remove a vessel
from the CP-IUU Vessel List if the Contracting Party proves that:
(i) The vessel did not take part in the activities described in
paragraph 1 which led to the inclusion of the vessel in the CP-IUU
Vessel List; or
(ii) It has taken effective action in response to the activities in
question, including prosecution and imposition of sanctions of adequate
severity; or
(iii) The vessel has changed ownership, including beneficial
ownership if known to be distinct from the registered 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
(iv) It 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.
15. In order to facilitate the work of SCIC and the Commission, the
Executive Secretary shall prepare a paper for each CCAMLR annual
meeting, summarising and annexing all the information, evidence and
comments submitted in respect of each vessel to be considered.
16. The Draft CP-IUU Vessel List, Provisional CP-IUU Vessel List,
Proposed CP-IUU Vessel List and the CP-IUU Vessel List shall contain
the following details:
(i) Name of vessel and previous names, if any;
(ii) Flag of vessel and previous flags, if any;
(iii) Owner of vessel and previous owners, including beneficial
owners, if any;
(iv) Operator of vessel and previous operators, if any;
(v) Call sign of vessel and previous call signs, if any;
(vi) Lloyds/IMO number;
(vii) Photographs of the vessel, where available;
(viii) Date vessel was first included on the CP-IUU Vessel List;
(ix) Summary of activities which justify inclusion of the vessel on
the List, together with references to all relevant documents informing
of and evidencing those activities;
(x) Date and location of subsequent sightings of the vessel in the
Convention Area, if any, and of any other related activities performed
by the vessel contrary to CCAMLR conservation measures.
17. On approval of the CP-IUU Vessel List, the Commission shall
request Contracting Parties whose vessels appear thereon to take all
necessary measures to address these 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.
18. Contracting Parties shall take all necessary measures, subject
to and in accordance with their applicable laws and regulations and
international law, in order that:
(i) The issuance of a licence to vessels on the CP-IUU Vessel List
to fish in the Convention Area is prohibited;
(ii) The issuance of a licence to vessels on the CP-IUU Vessel List
to fish in waters under their fisheries jurisdiction is prohibited;
(iii) Fishing vessels, support vessels, refuel vessels, mother-
ships and cargo vessels flying their flag do not in any way, in the
Convention Area, assist vessels on the CP-IUU Vessel List by
participating in any transhipment or joint fishing operations,
supporting or resupplying such vessels;
(iv) Vessels on the CP-IUU Vessel List should be denied access to
ports unless for the purpose of enforcement action or for reasons of
force majeure or for rendering assistance to vessels, or persons on
those vessels, in danger or distress. Vessels allowed entry to port are
to be inspected in accordance with relevant conservation measures;
(v) Where port access is granted to such vessels:
(a) Documentation and other information, including DCDs where
relevant are examined, with a view to verifying the area in which the
catch was taken; and where the origin cannot be adequately verified,
the catch is detained or any landing or transhipment of the catch is
refused; and
(b) Where possible

[[Page 7125]]

i. In the event catch is found to be taken in contravention of
CCAMLR conservation measures, catch is confiscated;
ii. All support to such vessels, including non-emergency
refuelling, resupplying and repairs is prohibited;
(vi) The chartering of vessels on the CP-IUU Vessel List is
prohibited;
(vii) Granting of their flag to vessels on the CP-IUU Vessel List
is refused; (viii) Imports, exports and re-exports of Dissostichus spp.
from vessels on the CP-IUU Vessel List are prohibited;
(ix) `Export or Re-export Government Authority Validation' is not
certified when the shipment (of Dissostichus spp.) is declared to have
been caught by any vessel on the CP-IUU Vessel List;
(x) Importers, transporters and other sectors concerned are
encouraged to refrain from dealing with and from transhipping of fish
caught by vessels on the CP-IUU Vessel List;
(xi) Any appropriate information which is suitably documented is
collected and submitted to the Executive Secretary, to be forwarded to
Contracting Parties, and non-Contracting Parties, entities or fishing
entities cooperating with the Commission by participating in the CDS,
with the aim of detecting, controlling and preventing the importation
or exportation of, and other trade-related activities relating to,
catches from vessels on the CP-IUU Vessel List intended to circumvent
this conservation measure.
19. The Executive Secretary shall place the CP-IUU Vessel List
approved by the Commission on the public section of the CCAMLR Web
site. Furthermore, the Executive Secretary shall communicate the CP-IUU
Vessel List to the FAO and appropriate regional fisheries organisations
to enhance cooperation between CCAMLR and these organisations for the
purposes of preventing, deterring and eliminating IUU fishing.
20. The Executive Secretary shall circulate to non-Contracting
Parties cooperating with the Commission by participating in the CDS,
the CP-IUU Vessel List, together with the request that, to the extent
possible in accordance with their applicable laws and regulations, they
do not register vessels that have been placed on the List unless they
are removed from the List by the Commission.
21. If Contracting Parties obtain new or changed information for
vessels on the CP-IUU Vessel List in relation to the details in
paragraphs 16(i) to (vii), they shall notify the Executive Secretary
who shall place a notification on the secure section of the CCAMLR Web
site and advise all Contracting Parties of the notification. If there
are no comments on the information within seven (7) days, the Executive
Secretary will revise the CP-IUU Vessel List.
22. Without prejudice to their rights 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 CP-IUU Vessel List drawn up by the Executive Secretary, pursuant
to paragraph 6.
23. 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 CCAMLR conservation
measures resulting from their vessels' activities, and to advise the
Commission of actions taken in that regard.
24. The Commission shall review, at subsequent CCAMLR annual
meetings, as appropriate, action taken by those Contracting Parties to
which requests have been made pursuant to paragraph 23, and identify
those which have not rectified their activities.
25. 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 their obligations as members of the World
Trade Organization, that may be necessary to prevent, deter and
eliminate the IUU 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 diminish 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 (2008)

Scheme to promote compliance by non-Contracting Party vessels with
CCAMLR conservation measures
(Species: all; Area: all; Season: all; Gear: all)
The Commission,

Convinced that illegal, unreported and unregulated (IUU) fishing
compromises the objective of the Convention,
Aware that a significant number of vessels registered to non-
Contracting Parties are engaged in activities which diminish the
effectiveness of CCAMLR conservation measures,
Recalling that Contracting Parties are required to cooperate in
taking appropriate action to deter any 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. 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 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 (NCP-IUU Vessel List), in accordance with the procedures and
criteria set out hereafter.
3. This identification shall be documented, inter alia, on reports
relating to the application of Conservation Measure 10-03, trade
information obtained on the basis of the implementation of Conservation
Measure 10-05 and relevant trade statistics such as Food and
Agriculture Organization of the United Nations (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.
4. 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 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.
5. When a non-Contracting Party vessel referred to in paragraph 4
enters a port of any Contracting Party, it shall be inspected by
authorised Contracting

[[Page 7126]]

Party officials in accordance with Conservation Measure 10-03 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 this Convention.
6. A Contracting Party which sights a non-Contracting Party vessel
engaging in fishing activities in the Convention Area or denies a non-
Contracting Party port access, landing or transhipment under paragraph
5 shall attempt to inform the vessel that it is presumed to be
undermining the effectiveness of CCAMLR conservation measures, and that
this information will be distributed to the Executive Secretary, all
Contracting Parties and the Flag State of the vessel.
7. Information regarding such sightings or denial of port access,
landings or transhipments, and the result of all inspections conducted
in the ports of Contracting Parties, and any subsequent action shall be
transmitted within one business day to the Commission in accordance
with Article XXII of the Convention. The Executive Secretary shall
transmit this information to all Contracting Parties, within one
business day of receiving it, and to the Flag State of the vessel
concerned as soon as possible and to appropriate regional fisheries
organisations. At this time, the Executive Secretary 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 desists
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. The other Contracting Parties and non-
Contracting Parties cooperating with the Commission by participating in
the Catch Documentation Scheme for Dissostichus spp. (CDS) shall be
invited to communicate any information available to them in respect of
the vessels referred to above, including their ownership, operators and
their trade activities.
8. Where a Contracting Party obtains information that a non-
Contracting Party vessel has engaged in activities set out in paragraph
9, it shall submit a report containing this information, within 30 days
of having become aware of it, to the Executive Secretary (including
where such information has already been transmitted under paragraph 7).
Contracting Parties shall indicate that the information is provided for
the purposes of considering whether to include the vessel concerned in
the NCP-IUU Vessel List under Conservation Measure 10-07. In addition,
the Contracting Party may also submit the report directly to the non-
Contracting Party concerned. The Executive Secretary shall promptly
forward the information to the non-Contracting Party concerned,
indicating that it has been provided for the purposes of considering
whether to include the vessel concerned in the NCP-IUU Vessel List
under Conservation Measure 10-07. The Executive Secretary shall request
that the Flag State take action to prevent the vessel undertaking any
activities that undermine the effectiveness of CCAMLR conservation
measures and that the Flag State report back to CCAMLR on the measures
it has taken in respect of the vessel concerned. The Executive
Secretary shall circulate the information and any report from the Flag
State to all other Contracting Parties as soon as possible.
9. In order for a non-Contracting Party's vessel to be included in
the NCP-IUU Vessel List, there must be evidence, gathered in accordance
with paragraphs 3 and 8, that the vessel has:
(i) Been sighted engaging in fishing activities in the CCAMLR
Convention Area; or
(ii) Been denied port access, landing or transhipment in accordance
with Conservation Measure 10-03; or
(iii) Transhipped or participated in joint fishing operations with,
supported or resupplied other vessels identified by CCAMLR as carrying
out IUU fishing activities (i.e. vessels on the NCP-IUU Vessel List or
the CP-IUU Vessel List established under Conservation Measure 10-06);
or
(iv) Failed to provide, when required under Conservation Measure
10-05, a valid catch document for Dissostichus spp.; or
(v) 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
(vi) 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.

Draft NCP-IUU Vessel List

10. The Executive Secretary shall, before 1 July of each year, draw
up a draft list (`the Draft NCP-IUU Vessel List'), listing all non-
Contracting Party vessels that, on the basis of the information
gathered in accordance with paragraphs 3 and 8 and any other
information that the Executive Secretary might have obtained in
relation thereto, might be presumed to have engaged in any of the
activities referred to in paragraph 9 during the period beginning 30
days before the start of the previous CCAMLR annual meeting. The Draft
NCP-IUU Vessel List shall be distributed immediately to the non-
Contracting Parties concerned and to all Contracting Parties.
11. The Executive Secretary shall invite non-Contracting Parties
whose vessels are included in the Draft NCP-IUU Vessel List to transmit
their comments to the Executive Secretary before 1 September, including
verifiable VMS data and other supporting information showing that the
vessels listed have not engaged in the activities which led to their
inclusion in the Draft NCP-IUU Vessel List.

Provisional NCP-IUU Vessel List

12. The Executive Secretary shall create a new list (`the
Provisional NCP-IUU Vessel List') which shall comprise the Draft NCP-
IUU Vessel List and all information received pursuant to paragraph 11.
Before 1 October, the Executive Secretary shall transmit the
Provisional NCP-IUU Vessel List, the NCP-IUU Vessel List agreed at the
previous CCAMLR annual meeting, and any evidence or documented
information received since that meeting regarding vessels on the
Provisional NCP-IUU Vessel List or the NCP-IUU Vessel List to all
Contracting Parties and non-Contracting Parties cooperating with the
Commission by participating in the CDS. The Executive Secretary shall
at the same time:
(i) Request non-Contracting Parties cooperating with the Commission
by participating in the CDS that, to the extent possible in accordance
with their applicable laws and regulations, they do not register or de-
register vessels that have been placed on the List until such time as
the Commission has had the opportunity to consider the List and has
made its determination;
(ii) Invite non-Contracting Parties cooperating with the Commission
by participating in the CDS to submit any evidence or documented
information regarding vessels on the Provisional NCP-IUU Vessel List
and NCP-IUU Vessel List, at the latest 30 days before

[[Page 7127]]

the start of the next CCAMLR annual meeting. Where the incident occurs
within the month preceding the next CCAMLR annual meeting, evidence or
documented information should be provided as soon as possible;
(iii) Transmit the Provisional NCP-IUU Vessel List and any evidence
or documented information received regarding vessels on that List to
all non-Contracting Parties whose vessels are included in the List and
who are not non-Contracting Parties cooperating with the Commission by
participating in the CDS.
13. Contracting Parties shall take all necessary measures, to the
extent possible in accordance with their applicable laws and
regulations, in order that:
(i) They do not register vessels that have been placed on the
Provisional NCP-IUU Vessel List until such time as the Commission has
had the opportunity to examine the List and has made its determination;
(ii) If they do de-register a vessel on the Provisional NCP-IUU
Vessel List they inform, where possible, the Executive Secretary of the
proposed new Flag State of the vessel, whereupon the Executive
Secretary shall inform that State that the vessel is on the Provisional
NCP-IUU Vessel List and urge that State not to register the vessel.

Proposed and Final NCP-IUU Vessel List

14. Contracting Parties shall submit to the Executive Secretary any
additional information which might be relevant for the establishment of
the NCP-IUU Vessel List within 30 days of having become aware of such
information and at the latest 30 days before the start of the CCAMLR
annual meeting. A report containing this information shall be submitted
in the format set out in paragraph 20, and Contracting Parties shall
indicate that the information is provided for the purposes of
considering whether to include the vessel concerned in the NCP-IUU
Vessel List under Conservation Measure 10-07. The Executive Secretary
shall collate all information received and, where this has not been
provided in relation to a vessel, attempt to obtain the information in
paragraphs 20(i) to (vii).
15. The Executive Secretary shall circulate to Contracting Parties,
at the latest 30 days before the start of the CCAMLR annual meeting,
all evidence or documented information received under paragraphs 12 and
13, together with any other evidence or documented information received
in terms of paragraphs 3 and 8.
16. At each CCAMLR annual meeting, the Standing Committee on
Implementation and Compliance (SCIC) shall, by consensus:
(i) Adopt a Proposed NCP-IUU Vessel List, following consideration
of the Provisional NCP-IUU Vessel List and information and evidence
circulated under paragraph 14. The Proposed NCP-IUU Vessel List shall
be submitted to the Commission for approval;
(ii) Recommend to the Commission which, if any, vessels should be
removed from the NCP-IUU Vessel List adopted at the previous CCAMLR
annual meeting, following consideration of that List and information
and evidence circulated under paragraph 14.
17. SCIC shall include a vessel on the Proposed NCP-IUU Vessel List
only if one or more of the criteria in paragraph 9 have been satisfied.
18. SCIC shall recommend that the Commission should remove a vessel
from the NCP-IUU Vessel List if the non-Contracting Party proves that:
(i) The vessel did not take part in the activities described in
paragraph 9 which led to the inclusion of the vessel in the NCP-IUU
Vessel List; or
(ii) It has taken effective action in response to the activities in
question, including prosecution and imposition of sanctions of adequate
severity; or
(iii) The vessel has changed ownership including beneficial
ownership if known to be distinct from the registered 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
(iv) It 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.
19. In order to facilitate the work of SCIC and the Commission, the
Executive Secretary shall prepare a paper for each CCAMLR annual
meeting, summarising and annexing all the information, evidence and
comments submitted in respect of each vessel to be considered.
20. The Draft NCP-IUU Vessel List, Provisional NCP-IUU Vessel List,
Proposed NCP-IUU Vessel List and the NCP-IUU Vessel List shall contain
the following details:
(i) Name of vessel and previous names, if any;
(ii) Flag of vessel and previous flags, if any;
(iii) Owner of vessel and previous owners including beneficial
owners, if any;
(iv) Operator of vessel and previous operators, if any;
(v) Call sign of vessel and previous call signs, if any;
(vi) Lloyds/IMO number;
(vii) Photographs of the vessel, where available;
(viii) Date vessel was first included on the NCP-IUU Vessel List;
(ix) Summary of activities which justify inclusion of the vessel in
the List, together with references to all relevant documents informing
of and evidencing those activities;
(x) Date and location of subsequent sightings of the vessel in the
Convention Area, if any, and of any other related activities performed
by the vessel contrary to CCAMLR conservation measures.
21. On approval of the NCP-IUU Vessel List, the Commission shall
request non-Contracting Parties whose vessels appear thereon to take
all necessary measures to address these 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.
22. Contracting Parties shall take all necessary measures, subject
to and in accordance with their applicable laws and regulations and
international law, in order that:
(i) The issuance of a licence to vessels on the NCP-IUU Vessel List
to fish in waters under their fisheries jurisdiction is prohibited;
(ii) Fishing vessels, support vessels, refuel vessels, mother-ships
and cargo vessels flying their flag do not in any way assist vessels on
the NCP-IUU Vessel List by participating in any transhipment or joint
fishing operations, supporting or resupplying such vessels;
(iii) Vessels on the NCP-IUU Vessel List should be denied access to
ports unless for the purpose of enforcement action or for reasons of
force majeure or for rendering assistance to vessels, or persons on
those vessels, in danger or distress. Vessels allowed entry to port are
to be inspected in accordance with relevant conservation measures;
(iv) Where port access is granted to such vessels:
(a) Documentation and other information, including DCDs where
relevant are examined, with a view to verifying the area in which the
catch was taken; and where the origin cannot be adequately verified,
the catch is detained or any landing or transhipment of the catch is
refused; and
(b) Where possible

[[Page 7128]]

i. In the event catch is found to be taken in contravention of
CCAMLR conservation measures, catch is confiscated;
ii. All support to such vessels, including non-emergency
refuelling, resupplying and repairs is prohibited;
(v) The chartering of vessels on the NCP-IUU Vessel List is
prohibited;
(vi) Granting of their flag to vessels on the NCP-IUU Vessel List
is refused;
(vii) Imports, exports and re-exports of Dissostichus spp. from
vessels on the NCP-IUU Vessel List are prohibited;
(viii) ``Export or Re-export Government Authority Validation'' is
not certified when the shipment (of Dissostichus spp.) is declared to
have been caught by any vessel on the NCP-IUU Vessel List;
(ix) Importers, transporters and other sectors concerned are
encouraged to refrain from dealing with and from transhipping of fish
caught by vessels on the NCP-IUU Vessel List;
(x) Any appropriate information which is suitably documented is
collected and submitted to the Executive Secretary, to be forwarded to
Contracting Parties and non-Contracting Parties, entities or fishing
entities cooperating with the Commission by participating in the CDS,
with the aim of detecting, controlling and preventing the importation
or exportation of, and other trade-related activities relating to,
catches from vessels on the NCP-IUU Vessel List intended to circumvent
this conservation measure.
23. The Executive Secretary shall place the NCP-IUU Vessel List
approved by the Commission on the public section of the CCAMLR Web
site. Furthermore, the Executive Secretary shall communicate the NCP-
IUU Vessel List to the FAO and appropriate regional fisheries
organisations to enhance cooperation between CCAMLR and these
organisations for the purposes of preventing, deterring and eliminating
IUU fishing.
24. The Executive Secretary shall circulate to non-Contracting
Parties cooperating with the Commission by participating in the CDS the
NCP-IUU Vessel List, together with the request that, to the extent
possible in accordance with their applicable laws and regulations, they
do not register vessels that have been placed on the List unless they
are removed from the List by the Commission.
25. If Contracting Parties obtain new or changed information for
vessels on the NCP-IUU Vessel List in relation to the details in
paragraphs 20(i) to (vii), they shall notify the Executive Secretary
who shall place a notification on the secure section of the CCAMLR Web
site and advise all Contracting Parties and the non-Contracting Party
concerned of the notification. If there are no comments on the
information within seven (7) days, the Executive Secretary will revise
the NCP-IUU Vessel List.
26. Without prejudice to their rights 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 NCP-IUU Vessel List drawn up by the Executive Secretary, pursuant
to paragraph 10.
27. The Chair of the Commission shall request the non-Contracting
Parties identified pursuant to paragraph 1 to take all necessary
measures to avoid diminishing the effectiveness of CCAMLR conservation
measures resulting from their vessels' activities, including if
necessary withdrawal of a vessel's registration or fishing licence,
nullification of the relevant CDS documents and denial of further
access to the CDS, and to advise the Commission of actions taken in
that regard.
28. Contracting Parties shall jointly and/or individually request
non-Contracting Parties identified pursuant to paragraph 2 to cooperate
fully with the Commission in order to avoid diminishing the
effectiveness of conservation measures adopted by the Commission.
29. The Commission shall review, at subsequent CCAMLR annual
meetings, as appropriate, action taken by those non-Contracting Parties
to which requests have been made pursuant to paragraph 26, and identify
those which have not rectified their activities.
30. 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, Contracting
Parties may cooperate to adopt appropriate multilaterally agreed trade-
related measures, consistent with their obligations as members of the
World Trade Organization, that may be necessary to prevent, deter and
eliminate the IUU 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 diminish the effectiveness of
CCAMLR's conservation measures which are consistent with the United
Nations Convention on the Law of the Sea 1982.

Conservation Measure 10-09 (2008)

Notification system for transhipments within the Convention Area
(Species: various; Area: various; Season: all; Fishery: various)
The Commission,

Desiring to improve knowledge within CCAMLR of all vessels
operating within the Convention Area, and in particular those which
offer support to harvesting vessels,
Noting that an increasing number of vessels are operating within
the Convention Area, either engaged directly in harvesting activities
or in providing support to those vessels,
Recognising the need to increase the control over transhipment
operations which support the harvesting of species within the
Convention Area,
Concerned that vessels involved in the support of illegal,
unreported and unregulated (IUU) fishing may be operating inside the
Convention Area,
Taking account of the need to combat IUU fishing activities because
they undermine the effectiveness of the conservation measures already
adopted by CCAMLR,
Hereby adopts the following conservation measure in accordance with
Article IX of the Convention:
1. This conservation measure applies to all CCAMLR new and
exploratory fisheries as well as to those listed in Annex 10-09/A.
2. Each Contracting Party as a Flag State shall notify the
Secretariat at least 72 hours in advance if any of its vessels intend
to tranship ¹ within the Convention Area. The Flag State may
permit or direct that such notifications be provided by the vessel
directly to the Secretariat.
3. Notifications of intended transhipment operations shall include
the following information, for all carrier vessels involved:
Name and registration number
International radio call sign
Flag State
Type of vessels, length, gross registered tonnage (GRT)
and carrying capacity
Proposed time and position, in latitude and longitude, of
transhipment.
The notification should also include details of the type and amount
of catches and other goods, such as food stores and fuel, being
transhipped.
4. The CCAMLR Secretariat shall maintain a list of all such
notifications on the password-protected part of its Web site, in a
manner consistent with confidentiality requirements notified by CCAMLR
Contracting Parties for their vessels.

[[Page 7129]]

5. For fisheries not covered by the provisions of paragraph 1,
CCAMLR Contracting Parties shall provide, as a background paper to the
annual meeting of the Commission, a report including details set out in
paragraph 3 of all transhipments activities in the Convention Area of
the vessels flying their flag, during the previous year.
6. No vessel covered by paragraph 1 may tranship to any vessel
within the Convention Area for which prior notification, pursuant to
paragraphs 1 to 3 above, has not been given.
7. The Commission shall review the implementation of this
conservation measure at its 2010 meeting.

\1 \ Transhipment means the transfer of harvested marine living
resources and any other goods or materials to or from fishing
vessels.

Annex 10-09/A

Additional Fisheries to Which This Conservation Measure Applies

------------------------------------------------------------------------
Statistical
Target species subarea/division Fishing gear
------------------------------------------------------------------------
Dissostichus eleginoides........ Subarea 48.3...... Longline
Division 58.5.2... Longline, pot,
trawl
Dissostichus spp................ Subarea 48.4...... Longline
Champsocephalus gunnari......... Subarea 48.3...... Trawl
Division 58.5.2... Trawl
Crab............................ Subarea 48.3...... Pot
------------------------------------------------------------------------

Conservation Measure 21-01 (2008) \1,\ \2\

Notification that Members are considering initiating a new fishery.
(Species: all; Area: all; Season: all; Gear: all)
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 or division 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. In addition to those fisheries identified according to paragraph
1, the use of fishing methods in high-seas areas of the Convention Area
as specified in Annex 21-01/A will constitute new fisheries and will
require approval of the Commission for specific areas before
proceeding.
3. Any Member proposing to participate in a new fishery shall:
(i) Notify its intention to the Commission not less than three
months in advance of the next regular meeting of the Commission. This
notification shall include the information prescribed in paragraph 4 of
Conservation Measure 10-02 in respect of vessels proposing to
participate in the fishery, with the exception that the notification
shall not be required to specify the information referred to in
subparagraph 4(ii) of Conservation Measure 10-02. Members shall, to the
extent practicable, also provide in their notification the additional
information detailed in paragraph 5 of Conservation Measure 10-02 in
respect to each fishing vessel notified. Members are not hereby
exempted from their obligations under Conservation Measure 10-02 to
submit any necessary updates to vessel and licence details within the
deadline established therein as of issuance of the licence to the
vessel concerned;
(ii) Prepare and submit to CCAMLR by a specified date a Fishery
Operations Plan for the fishing season, for review by the Scientific
Committee and the Commission. The Fishery Operations Plan shall include
as much of the following information as the Member is able to provide,
so as to assist the Scientific Committee in its preparation of the Data
Collection Plan:
(a) The nature of the new fishery, including target species,
methods of fishing, proposed region and maximum catch levels proposed
for the forthcoming season;
(b) Biological information on the target species from comprehensive
research/survey cruises, such as distribution, abundance, demographic
data and information on stock identity;
(c) Details of dependent and related species and the likelihood of
their being affected by the proposed fishery;
(d) Information from other fisheries in the region or similar
fisheries elsewhere that may assist in the evaluation of potential
yield;
(e) If the proposed fishery will be undertaken using bottom trawl
gear, information on the known and anticipated impacts of this gear on
vulnerable marine ecosystems, including benthos and benthic
communities.
(iii) Provide a commitment, in its proposal, to implement any Data
Collection Plan developed by the Scientific Committee for the fishery.
4. The Member shall not initiate a new fishery pending the process
specified in paragraphs 8 and 9 below.
5. To ensure that adequate information is made available to the
Scientific Committee for evaluation, during the period when a fishery
is classified as new, the Scientific Committee shall develop (and
update annually as appropriate) a Data Collection Plan, which should
include research proposals, as appropriate. This shall identify the
data needed and describe any operational research actions necessary to
obtain the relevant data from the new fishery to enable an assessment
of the stock to be made.
6. The Data Collection Plan 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, and the date by which such data are to be
reported annually to CCAMLR;
(ii) A plan for directing fishing effort during the initial phase
to permit the acquisition of relevant data to evaluate the fishery
potential and the ecological relationships among harvested,

[[Page 7130]]

dependent and related populations and the likelihood of adverse
impacts;
(iii) Where appropriate, a plan for the acquisition of any other
research data by fishing vessels, including activities that may require
the cooperative activities of scientific observers and the vessel, as
may be required for the Scientific Committee to evaluate the fishery
potential and the ecological relationships among harvested, dependent
and related populations and the likelihood of adverse impacts;
(iv) An evaluation of the time scales involved in determining the
responses of harvested, dependent and related populations to fishing
activities.
7. 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, unreported or unregulated fishing in respect of Conservation
Measures 10-06 and 10-07 shall not be permitted to participate in new
fisheries.
8. The information provided in accordance with paragraphs 3 to 7,
together with any other relevant information, shall be considered by
the Scientific Committee, which shall then advise the Commission.
9. 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.

Annex 21-01/A

Additional Fishing Methods

Bottom trawling in high-seas areas of the Convention Area.

Conservation Measure 21-03 (2008)

Notifications of intent to participate in a fishery for Euphausia
superba
(Species: krill; Area: all; Season: all; Gear: all)

1. In order for the Scientific Committee to thoroughly study the
notifications to fish for krill for the coming season, all Members of
the Commission intending to fish for krill in the Convention Area shall
notify the Secretariat of their intention not later than 1 June prior
to the annual meeting of the Commission, immediately prior to the
season in which they intend to fish, using the pro formas in Annex 21-
03/A and Annex 21-03/B.
2. This notification shall include the information prescribed in
paragraph 4 of Conservation Measure 10-02 in respect of each vessel
proposing to participate in the fishery, with the exception that the
notification shall not be required to specify the information referred
to in subparagraph 4(ii) of Conservation Measure 10-02. Members shall,
to the extent practicable, also provide in their notification the
additional information detailed in paragraph 5 of Conservation Measure
10-02 in respect to each fishing vessel notified. Members are not
hereby exempted from their obligations under Conservation Measure 10-02
to submit any necessary updates to vessel and licence details within
the deadline established therein as of issuance of the licence to the
vessel concerned.
3. A Member intending to fish for krill in the Convention Area may
only notify in respect of vessels flying its flag at the time of the
notification.
4. Members shall ensure, including by submitting notifications by
the due date, appropriate review by the Commission of notifications to
fish for krill in the Convention Area before a vessel commences
fishing.
5. Notwithstanding paragraph 4, Members shall be entitled under
Conservation Measure 10-02 to authorise participation in a krill
fishery by a vessel other than that notified to the Commission in
accordance with paragraph 2, if the notified vessel is prevented from
participation due to legitimate operational reasons or force majeure.
In such circumstances the Member concerned shall immediately inform the
Secretariat providing:
(i) Full details of the intended replacement vessel(s) as
prescribed in paragraph 2;
(ii) A comprehensive account of the reasons justifying the
replacement and any relevant supporting evidence or references.
The Secretariat shall immediately circulate this information to all
Members.
6. A vessel on either of the IUU Vessel Lists established under
Conservation Measures 10-06 and 10-07 shall not be permitted by Members
to participate in krill fisheries.
7. The Secretariat shall provide the Commission and its relevant
subsidiary bodies with information regarding substantial discrepancies
between notifications and actual catches in the krill fishery in the
latest season.

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Conservation Measure 22-05 (2008)

Restrictions on the use of bottom trawling gear in high-seas areas of
the Convention Area
(Species: all; Area: high seas; Season: all; Gear: bottom trawl)

The Commission hereby adopts the following conservation measure in
accordance with Article IX of the Convention:
1. The use of bottom trawling gear in the high-seas areas of the
Convention Area is restricted to areas for which the Commission has
conservation measures in force for bottom trawling gear.
2. This conservation measure does not apply to the use of bottom
trawling gear in conducting scientific research in the Convention Area.

Conservation Measure 22-06 (2008) \1\ \2\

Bottom fishing in the Convention Area
(Species: all; Area: see paragraphs 1, 2; Season: all; Gear: bottom
fishing)
The Commission,

Recognising the commitment made by Members to implement the CCAMLR
precautionary and ecosystem approaches to fisheries management by
embracing principles of conservation as stated in Article II of the
Convention,
Conscious of the urgent need to protect vulnerable marine
ecosystems (VMEs) from bottom fishing activities that have significant
adverse impacts on such ecosystems,
Noting that United Nations General Assembly Resolution 61/105,
adopted on 8 December 2006, calls on regional fisheries management
organisations or arrangements with the competence to

[[Page 7137]]

regulate bottom fisheries to adopt and implement measures to prevent
significant adverse impacts of bottom fisheries on VMEs and noting
further that all CCAMLR Members joined in the consensus by which this
resolution was adopted,
Noting also the importance of Article IX of the Convention,
including the use of the best scientific evidence available,
Aware of the steps already taken by CCAMLR to address the impacts
of deep-sea gillnetting and bottom trawling in the Convention Area,
through the implementation of Conservation Measures 22-04 and 22-05
respectively,
Recognising that CCAMLR has responsibilities for the conservation
of Antarctic marine living resources, part of which include the
attributes of a regional fisheries management organisation,
Noting that all CCAMLR conservation measures are published on the
CCAMLR Web site,
Hereby adopts the following conservation measure in accordance with
Article IX of the Convention:

Management of Bottom Fishing

1. This conservation measure applies to areas in the Convention
Area south of 60[deg] S, and to the rest of the Convention Area with
the exception of subareas and divisions where an established fishery
was in place in 2006/07 with a catch limit greater than zero.
2. This conservation measure also applies to the area of Division
58.4.1 north of 60[deg] S.
3. For the purposes of this measure, the term `vulnerable marine
ecosystems' in the context of CCAMLR includes seamounts, hydrothermal
vents, cold water corals and sponge fields.
4. For the purposes of this measure, the term `bottom fishing
activities' includes the use of any gear that interacts with the
bottom.
5. Until 30 November 2008, bottom fishing activities shall be
limited to those areas for which bottom fishing activities were
approved by the Commission in the 2006/07 fishing season.
6. Contracting Parties whose vessels wish to engage in any bottom
fishing activities, beginning 1 December 2008, shall follow the
procedures described in paragraphs 8 to 12 below.
7. Contracting Parties shall authorise vessels flying their flag to
participate in bottom fishing activities only in accordance with the
provisions of this conservation measure and Conservation Measure 10-02.

Assessment of Bottom Fishing

8. All individual bottom fishing activities commencing 1 December
2008 and thereafter shall be subject to assessment by the Scientific
Committee, based on the best available scientific information, to
determine if such activities, taking account of the history of bottom
fishing in the areas proposed, would contribute to having significant
adverse impacts on VMEs, and to ensure that if it is determined that
these activities would make such contributions, that they are managed
to prevent such impacts or are not authorised to proceed. The
assessments shall include the following procedures:
(i) Each Contracting Party proposing to participate in bottom
fishing shall submit to the Scientific Committee and Commission
information and a preliminary assessment based on the pro forma in
Annex 22-06/A, with the best available data, of the known and
anticipated impacts of its bottom fishing activities on VMEs, including
benthos and benthic communities, no less than three months in advance
of the next meeting of the Commission. These submissions shall also
include the mitigation measures proposed by the Contracting Party to
prevent such impacts.
(ii) The Scientific Committee shall undertake an assessment,
according to procedures and standards it develops, and provide advice
to the Commission as to whether the proposed bottom fishing activity
would contribute to having significant adverse impacts on VMEs and, if
so, whether the proposed or additional mitigation measures would
prevent such impacts. The Scientific Committee may use in its
assessment additional information available to it, including
information from other fisheries in the region or similar fisheries
elsewhere.
(iii) The Commission shall, taking account of advice and
recommendations provided by the Scientific Committee concerning bottom
fishing activities, including data and information arising from reports
pursuant to paragraph 8, adopt conservation measures to prevent
significant adverse impacts on VMEs, that as appropriate:
(a) Allow, prohibit or restrict bottom fishing activities within
particular areas;
(b) Require specific mitigation measures for bottom fishing
activities;
(c) Allow, prohibit or restrict bottom fishing with certain gear
types; and/or
(d) Contain any other relevant requirements or restrictions to
prevent significant adverse impacts to VMEs.

Encounters With VMEs

9. Annex 22-06/B provides a notification form for Contracting
Parties to use to notify the Secretariat when evidence of VMEs has been
encountered, and has not otherwise been reported under Conservation
Measure 22-07.
10. Contracting Parties, in the absence of site-specific or other
conservation measures to prevent significant adverse impact on VMEs,
shall require vessels flying their flag to cease bottom fishing
activities in any location where evidence of a VME is encountered in
the course of fishing operations, and to report the encounter to the
Secretariat in accordance with the schedule of the Catch and Effort
Reporting System (Conservation Measures 23-01, 23-02 or 23-03,
whichever is applicable), so that appropriate conservation measures can
be adopted in respect of the relevant site.
11. The Scientific Committee shall provide advice to the Commission
on the known and anticipated impacts of bottom fishing activities on
VMEs, and recommend practices, including ceasing fishing operations if
needed, when evidence of a VME is encountered in the course of bottom
fishing operations. Taking account of this advice, the Commission shall
adopt conservation measures to be applied when evidence of a VME is
encountered in the course of fishing operations.

Monitoring and Control of Bottom Fishing Activities

12. Notwithstanding Members' obligations pursuant to Conservation
Measure 21-02, all Contracting Parties whose vessels participate in
bottom fisheries shall:
(i) Ensure that their vessels are equipped and configured so that
they can comply with all relevant conservation measures;
(ii) Ensure that each vessel carries at least one CCAMLR-designated
scientific observer to collect data in accordance with this and other
conservation measures;
(iii) Submit data pursuant to Data Collection Plans for bottom
fisheries to be developed by the Scientific Committee and included in
conservation measures;
(iv) Be prohibited from continuing participation in the relevant
bottom fishery if data arising from conservation measures relevant to
that bottom fishery have not been submitted to CCAMLR pursuant to
paragraph 12(iii) for the most recent season in which fishing occurred,
until the relevant data have been submitted to CCAMLR and the
Scientific Committee has been allowed an opportunity to review the
data.
13. The Secretariat shall annually compile a list of vessels
authorised to fish pursuant to this conservation measure and shall make
this list

[[Page 7138]]

publicly available on CCAMLR's Web site.

Data Collection and Sharing and Scientific Research

14. The Scientific Committee shall, based on the best available
scientific information, advise the Commission on where VMEs are known
to occur or are likely to occur, and advise on potential mitigation
measures. Contracting Parties shall provide the Scientific Committee
with all relevant information to assist in this work. The Secretariat
shall maintain an inventory including digital maps of all known VMEs in
the Convention Area for circulation to all Contracting Parties and
other relevant bodies.
15. Scientific bottom fishing research activities notified under
Conservation Measure 24-01, paragraph 2, shall proceed according to
Conservation Measure 24-01 and shall be undertaken with due regard to
potential impacts on VMEs. Scientific bottom fishing research
activities notified under Conservation Measure 24-01, paragraph 3,
shall be treated in accordance with all aspects of paragraph 9 of this
conservation measure, notwithstanding the procedures in Conservation
Measure 24-01. Consistent with existing reporting requirements in
Conservation Measure 24-01, paragraph 4, information regarding the
location and the type of any VME encountered, in the course of
scientific bottom fishing research activities, shall be reported to the
Secretariat.

Review

16. This conservation measure will be reviewed at the next regular
meeting of the Commission, based on the findings of the Scientific
Committee. In addition, beginning in 2009 and biennially thereafter,
the Commission will examine the effectiveness of relevant conservation
measures in protecting VMEs from significant adverse impacts, based on
advice from the Scientific Committee.

\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.

Annex 22-06/A

Pro Forma for Submitting Preliminary Assessments of the Potential for
Proposed Bottom Fishing Activities to Have Significant Adverse Impacts
on Vulnerable Marine Ecosystems (VMEs)

1. Preliminary assessment of bottom fishing activities--Required
Information

1.1 Scope
1.1.1 Fishing method(s) to be used
Longline type (Spanish/auto/trotline/pots)
1.1.2 Subarea/division e.g. 88.1 and 88.2
1.1.3 Period of application
Year
1.2 Proposed fishing activity
1.2.1 Detailed description of gear
Please provide a detailed diagram of the gear configuration to be
used (see WG-FSA-08/60 for example or diagrams available in the CCAMLR
observer logbook). Include details of line type; line length (length
range if necessary); hook type(s); numbers per line and spacing of
hooks within a line (per vertical line for trotlines); weight material
and mass; spacing of weights; anchor type; floats and spacing etc. for
each vessel included in this application/notification.
1.2.2 Scale of proposed activity
Please provide estimates of total numbers of hooks and/or lines to
be deployed.
1.2.3 Spatial distribution of activity
Please provide details of SSRUs or geographical regions within the
subarea/division in which activities will take place including the
depth range of fishing activities.
1.3 Mitigation measures to be used
Please provide details of modifications to gear configuration or
methods of deployment aimed at preventing or reducing adverse impacts
to VMEs.

2. Preliminary assessment of bottom fishing activities--Supporting
Information
2.1 Assessment of known/anticipated impacts on VMEs
Please provide data or information available on the current state
of knowledge of impacts of proposed fishing activities on VMEs within
the area of activity.
2.1.1 Estimated spatial effort footprint
Please provide details of % area covered by fishing effort.
2.1.2 Summary of potential VMEs present within areas of activity
e.g. biogenic/geological; habitat area coverage/distribution;
fragility/vulnerability and resilience of habitats; species
composition/endemism; life-history traits. Please provide details.
2.1.3 Probability of impacts e.g. low/medium/high/unknown. Please
provide details.
2.1.4 Magnitude/severity of the interaction of the proposed fishing
gear with VMEs e.g. associated mortality and spatial extent of impacts.
Please provide details.
2.1.5 Physical and biological/ecological consequences of impact
e.g. loss of physical habitat structure or of keystone species or
extinctions.
2.2 Estimated cumulative footprint
Please provide an estimated cumulative impact derived from
information provided under 2.1.1 to 2.1.5 above and any additional
information available from the Secretariat (e.g. historical fishing
effort; habitat maps).
2.3. Research activities related to provision of new information on
VMEs
2.3.1 Previous research
Please provide a summary of research previously carried out in the
proposed area of activity by your Member State (including national/
regional/international research programs). This should include data
collected in the previous season under 2.3.2 and details of data
submitted to the Secretariat such as:
--Indirect evidence (e.g. by-catch observation; species
identification through sample collection and genetic and morphological
analysis; acoustic or geomorphic data collection; other)
--Direct evidence (e.g. observations using camera gear or ROVS;
other)
2.3.2 In-season research
Please summarise details of the research planned during the
proposed fishing activities by your Member State (including national/
regional/international research programs). Please provide details of
what data will be collected in order to document evidence of or further
knowledge on VMEs within the areas of activities including:
--Indirect evidence (see examples above)
--Direct evidence (see examples above)
2.3.3 Follow-on research
Please provide details of potential future research resulting from
previous/in-season research, including collaborative work with other
Member States or as part of national/regional/international research
programs including:
--Indirect evidence (see examples above)
--Direct evidence (see examples above)

Conservation Measure 22-07 (2008) \1\ \2\

Interim measure for bottom fishing activities subject to Conservation
Measure 22-06 encountering potential vulnerable marine ecosystems in
the Convention Area
(Species: all; Area: see CM 22-06; Season: all; Gear: bottom fishing)

[[Page 7139]]

The Commission,

Noting the commitment made by Members to avoid significant adverse
impacts on vulnerable marine ecosystems (VMEs) from bottom fishing
activities,
Acknowledging the current prohibitions on bottom trawling in
Conservation Measure 22-05 and on deep-sea gillnetting in Conservation
Measure 22-04 in the high seas areas of the Convention Area,
Agreeing on the need to implement the precautionary approach for
managing bottom fisheries with respect to VMEs due to the difficulty in
acquiring data on their location, extent and risk of significant
adverse impacts,
Further noting the need to acquire additional data during the 2008/
09 season to contribute to assessments and advice on a long-term
precautionary approach to avoiding significant adverse impacts on VMEs,
Hereby adopts the following conservation measure in accordance with
Article IX of the Convention and Conservation Measure 22-06:

Area

1. This conservation measure applies to the same area as
Conservation Measure 22-06.

Definitions

2. The following definitions apply to this conservation measure:
(i) Those contained in paragraphs 3 and 4 in Conservation Measure
22-06 relating to `vulnerable marine ecosystems' (VMEs) and `bottom
fishing activities'.
(ii) VME indicator organism means any benthic organism listed in
the Benthic Invertebrate Classification Guide ³.
(iii) `VME indicator unit' means either one litre of those VME
indicator organisms that can be placed in a 10-litre container; or one
kilogram of those VME indicator organisms that do not fit into a 10-
litre container.
(iv) `Line segment' means a 1 000-hook section of line or a 1 200 m
section of line, whichever is the shorter, and for pot lines a 1 200 m
section.
(v) `Risk Area' means an area where 10 or more VME indicator units
are recovered within a single line segment. A Risk Area has a radius of
1 n mile from the midpoint ⁴ of the line segment from which
the VME indicator units are recovered. However, Members may require
their vessels to observe a larger Risk Area in accordance with their
domestic laws.

Vessel Requirements

3. Members shall require their vessels to clearly mark fishing
lines into line segments and to monitor all line segments for the
number of VME indicator units.
4. Members shall require their vessels, if 10 or more VME indicator
units are recovered in one line segment, to complete hauling any lines
intersecting with the Risk Area without delay and not to set any
further lines intersecting with the Risk Area. The vessel shall
immediately communicate to the Secretariat and to its Flag State the
location of the midpoint of the line segment from which those VME
indicator units were recovered along with the number of VME indicator
units recovered.
5. Members shall require their vessels, if five or more VME
indicator units are recovered within one line segment, to immediately
communicate to the Secretariat ⁵ and to their Flag State the
location of the midpoint of the line segment from which those VME
indicator units were recovered along with the number of VME indicator
units recovered.

Management

6. On receipt of a notification under paragraph 4, the Secretariat
shall:
(i) Record the location of the Risk Area;
(ii) Within one working day of receipt, notify all fishing vessels
in the relevant fishery and their Flag States that the Risk Area is
closed; and that, as in paragraph 4, all vessels shall immediately
cease setting any further lines intersecting with the Risk Area.
7. On receipt of five notifications under paragraph 5 within a
single fine-scale rectangle ⁶, the Secretariat shall, within
one working day of receiving the fifth notification, notify all fishing
vessels in the relevant fishery and their Flag States of the
coordinates of the fine-scale rectangle, indicating that VMEs may occur
within that area. Vessels may continue to fish in the area consistent
with paragraphs 4 and 5.

Data

8. Vessels shall report in accordance with Conservation Measure 23-
01 total benthos recovered in a 5-day period. To the extent possible,
VME indicator units for each line segment and the midpoint of each line
segment on all lines should be reported in the fine-scale data.

Review

9. A Risk Area shall remain closed for any fishery until reviewed
by the Scientific Committee and management actions are determined by
the Commission. Scientific research as agreed by the Scientific
Committee shall be allowed in Risk Areas.
10. The Commission will review this conservation measure in 2009,
in light of observer, vessel and other data collected during the 2008/
09 season, the results of the 2009 Expert Workshop on Vulnerable Marine
Ecosystems, any other relevant information, the deliberations of the
Working Group on Ecosystem Monitoring and Management (WG-EMM) and the
Working Group on Fish Stock Assessment (WG-FSA), and in accordance with
the advice of the Scientific Committee.

\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ Available from the Secretariat.
\4\ In latitude and longitude.
\5\ This may be through the Flag State or directly to the
Secretariat, whichever is the most practicable.
\6\ 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].

Conservation Measure 24-01 (2008) \1\ \2\

The application of conservation measures to scientific research
(Species: all; Area: all; Season: all; Gear: all)
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
unless the catch limit in an area\3\ is set at zero.
(b) In the event of research being undertaken in an area\3\ with a
zero catch limit, then the catches adopted under paragraphs 2 or 3
below shall be considered to be the catch limit for the season in that
area. When such an area sits within a group of areas to which an
overall catch limit applies, that overall catch limit shall not be
exceeded including any catch taken for research purposes.
2. Application to Members taking less than 50 tonnes of finfish in
a season including no more than the amounts specified for finfish taxa
in Annex 24-01/B and less than 0.1% of a given catch limit for non-
finfish taxa indicated in Annex 24-01/B:
(a) Any Member planning to use a vessel or vessels for research
purposes when the estimated seasonal catch is as

[[Page 7140]]

above shall notify the Secretariat of the Commission which in turn will
notify all Members immediately, according to the format provided in
Annex 24-01/A.
(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 paragraph 4 below.
3. Application to Members taking more than 50 tonnes of finfish or
more than the amounts specified for finfish taxa in Annex 24-01/B or
more than 0.1% of a given catch limit for non-finfish taxa indicated in
Annex 24-01/B:
(a) Any Member planning to use any type of vessel or vessels to
conduct fishing for research purposes when the estimated seasonal 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, given in Annex 24-01/A.
4. Reporting requirements for these research activities are:
(a) The CCAMLR within-season five-day reporting system shall apply.
(b) All research catches shall be reported to CCAMLR as part of the
annual STATLANT returns.
(c) A summary of the results of any research subject to the above
provisions shall be provided to the Secretariat within 180 days of the
completion of the research fishing. Members shall provide a full report
to the Scientific Committee within 12 months for review and comment.
(d) Catch, effort and biological data resulting from research
fishing should be reported to the Secretariat according to the haul-by-
haul reporting format for research vessels (C4).
5. Other requirements for these research activities are:
(a) All vessels conducting research fishing under the research
exemption, during a voyage that invokes any commercial fishing, shall
be linked to an automated satellite-linked vessel monitoring system in
accordance with Conservation Measure 10-04.

\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ Any management area including subarea, division or SSRU,
whichever is designated as a zero catch limit.

Annex 24-01/A

Formats for Notification of Research Vessel Activity

[this annex is unchanged]

Annex 24-01/B

Taxa-Specific Schedule for Notification of Research Vessel Activity

------------------------------------------------------------------------
Expected catch
Taxon Gear type (tonnes)
------------------------------------------------------------------------
(a) Thresholds for finfish taxa
Dissostichus spp.............
Longline........... 5
Trawl.............. 5
Pot................ 5
Other.............. 0
Champsocephalus gunnari...... All................ 10
(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 (2008)

Longline weighting for seabird conservation.
(Species: seabirds; Area: selected; Season: all; Gear: longline)
In respect of fisheries in Statistical Subareas 48.4, 48.6, 88.1 and
88.2 and Statistical Divisions 58.4.1, 58.4.2, 58.4.3a, 58.4.3b and
58.5.2, paragraph 5 of Conservation Measure 25-02 shall not apply only
where a vessel can demonstrate its ability to fully comply with one of
the following protocols.

Protocol A (for vessels monitoring longline sink rate with Time-
Depth Recorders (TDRs) and using longlines to which weights are
manually attached):
A1. Prior to entry into force of the licence for this fishery and
once per fishing season, either prior to entering the Convention Area
or at the first opportunity after entering the Convention Area and
before commencing fishing, the vessel shall, under observation by a
scientific observer:
(i) Set a minimum of two longlines, unbaited if set in the
Convention Area, with a minimum of four TDRs on the middle one-third of
each longline, where:
(a) For vessels using the auto longline system, each longline shall
be at least 6 000 m in length;
(b) For vessels using the Spanish longline system, each longline
shall be at least 16 000 m in length;
(c) For vessels using the Spanish longline system, with longlines
less than 16 000 m in length, each longline shall be of the maximum
length to be used by the vessel in the Convention Area;
(d) For vessels using a longline system other than an autoline or
Spanish longline system, each longline shall be of the maximum length
to be used by the vessel in the Convention Area;
(ii) Randomise TDR placement on the longline, noting that, except
for trotlines, all tests should be applied midway between weights. In
the case of trotlines TDRs should be placed on

[[Page 7141]]

droppers less than 1 m from the attachment position of the uppermost
cluster of hooks (i.e., hooks most distant from line weight);
(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
for the longline to sink from the surface (0 m) to 15 m;
(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 eight sample
points (four tests on two longlines), continue the testing until such
time as a total of eight tests with a minimum sink rate of 0.3 m/s are
recorded;
(v) 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.
A2. During fishing, for a vessel to be allowed to maintain the
exemption to night-time setting requirements (paragraph 5 of
Conservation Measure 25-02), regular longline sink monitoring shall be
undertaken by the CCAMLR scientific observer. The vessel shall
cooperate with the CCAMLR observer who shall:
(i) Attempt to conduct a TDR test on one longline set every twenty-
four hour period;
(ii) Every seven days place at least four TDRs on a single longline
to determine any sink rate variation along the longline;
(iii) Randomise TDR placement on the longline, noting that all
tests should be applied halfway between weights;
(iv) Calculate an individual longline sink rate for each TDR when
returned to the vessel;
(v) Measure the longline sink rate as an average of the time taken
for the longline to sink from the surface (0 m) to 15 m.
A3. The vessel shall:
(i) Ensure that all longlines are weighted to achieve a minimum
longline sink rate of 0.3 m/s at all times whilst operating under this
exemption;
(ii) Report daily to its national agency on the achievement of this
target whilst operating under this exemption;
(iii) Ensure that data collected from longline sink rate tests and
longline sink rate monitoring during fishing are recorded in the
CCAMLR-approved format \1\ and submitted to the relevant national
agency and CCAMLR Data Manager within two months of the vessel
departing a fishery to which this measure applies.
Protocol B (for vessels monitoring longline sink rate with bottle
tests and using longlines to which weights are manually attached):
B1. Prior to entry into force of the licence for this fishery and
once per fishing season either prior to entering the Convention Area or
at the first opportunity after entering the Convention Area and before
commencing fishing, the vessel shall, under observation by a scientific
observer:
(i) Set a minimum of two longlines, unbaited if set in the
Convention Area, with a minimum of four bottle tests (see paragraphs B5
to B9) on the middle one-third of each longline, where:
(a) For vessels using the auto longline system, each longline shall
be at least 6 000 m in length;
(b) For vessels using the Spanish longline system, each longline
shall be at least 16 000 m in length;
(c) For vessels using the Spanish longline system, with longlines
less than 16 000 m in length, each longline shall be of the maximum
length to be used by the vessel in the Convention Area;
(d) For vessels using a longline system other than an autoline or
Spanish longline system, each longline shall be of the maximum length
to be used by the vessel in the Convention Area;
(ii) Randomise bottle test placement on the longline, noting that,
except for trotlines, all tests should be applied midway between
weights. In the case of trotlines TDRs should be placed on droppers
less than 1 m from the attachment position of the uppermost cluster of
hooks (i.e., hooks most distant from line weight);
(iii) Calculate an individual sink rate for each bottle test at the
time of the test, where:
(a) The sink rate shall be measured as the time taken for the
longline to sink from the surface (0 m) to 10 m;
(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 eight sample
points (four tests on two longlines), continue the testing until such
time as a total of eight tests with a minimum sink rate of 0.3 m/s are
recorded;
(v) 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 be allowed to maintain the
exemption to night-time setting requirements (paragraph 5 of
Conservation Measure 25-02), regular longline sink rate monitoring
shall be undertaken by the CCAMLR scientific observer. The vessel shall
cooperate with the CCAMLR observer who shall:
(i) Attempt to conduct a bottle test on one longline set every
twenty-four hour period;
(ii) Every seven days conduct at least four bottle tests on a
single longline to determine any sink rate variation along the
longline;
(iii) Randomise bottle test placement on the longline, noting that
all tests should be applied halfway between weights;
(iv) Calculate an individual longline sink rate for each bottle
test at the time of the test;
(v) Measure the longline sink rate as the time taken for the
longline to sink from the surface (0 m) to 10 m.
B3. The vessel shall:
(i) Ensure that all longlines are weighted to achieve a minimum
longline sink rate of 0.3 m/s at all times whilst operating under this
exemption;
(ii) Report daily to its national agency on the achievement of this
target whilst operating under this exemption;
(iii) Ensure that data collected from longline sink rate tests and
longline sink rate monitoring during fishing are recorded in the
CCAMLR-approved format \1\ and submitted to the relevant national
agency and CCAMLR Data Manager within two months of the vessel
departing a fishery to which this measure applies.
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 500-1 000 ml plastic bottle \2\ 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 in low light conditions and at night.

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,\3\ 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.\4\
The result of the test is calculated as follows:
Longline sink rate = 10 / (t2 - t1).

[[Page 7142]]

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.
Protocol C (for vessels monitoring longline sink rate with either
(TDR) or bottle tests, and using internally weighted longlines with
integrated weight of at least 50 g/m and designed to sink instantly
with a linear profile at greater than 0.2 m/s with no external weights
attached):
C1. Prior to entry into force of the licence for this fishery and
once per fishing season either prior to entering the Convention Area or
at the first opportunity after entering the Convention Area and before
commencing fishing, the vessel shall, under observation by a scientific
observer:
(i) Set a minimum of two longlines, unbaited if set in the
Convention Area, with either a minimum of four TDRs, or a minimum of
four bottle tests (see paragraphs B5 to B9) on the middle one-third of
each longline, where:
(a) For vessels using the auto longline system, each longline shall
be at least 6 000 m in length;
(b) For vessels using the Spanish longline system, each longline
shall be at least 16 000 m in length;
(c) For vessels using the Spanish longline system, with longlines
less than 16 000 m in length, each longline shall be of the maximum
length to be used by the vessel in the Convention Area;
(d) For vessels using a longline system other than an autoline or
Spanish longline system, each longline shall be of the maximum length
to be used by the vessel in the Convention Area;
(ii) Randomise TDR or bottle test placement on the longline;
(iii) Calculate an individual sink rate for each TDR when returned
to the vessel, or for each bottle test at the time of the test, where:
(a) The sink rate shall be measured as an average of the time taken
for the longline to sink from the surface (0 m) to 15 m for TDRs and
the time taken for the longline to sink from the surface (0 m) to 10 m
for bottle tests;
(b) This sink rate shall be at a minimum rate of 0.2 m/s;
(iv) If the minimum sink rate is not achieved at all eight sample
points (four tests on two longlines), continue the testing until such
time as a total of eight tests with a minimum sink rate of 0.2 m/s are
recorded;
(v) 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.
C2. During fishing, for a vessel to be allowed to maintain the
exemption to night-time setting requirements (paragraph 5 of
Conservation Measure 25-02), regular longline sink rate monitoring
shall be undertaken by the CCAMLR scientific observer. The vessel shall
cooperate with the CCAMLR observer who shall:
(i) Attempt to conduct a TDR or bottle test on one longline set
every twenty-four hour period;
(ii) Every seven days conduct at least four TDR or bottle tests on
a single longline to determine any sink rate variation along the
longline;
(iii) Randomise TDR or bottle test placement on the longline;
(iv) Calculate an individual longline sink rate for each TDR when
returned to the vessel or each bottle test at the time of the test;
(v) Measure the longline sink rate for bottle tests as the time
taken for the longline to sink from the surface (0 m) to 10 m, or for
TDRs the average of the time taken for the longline to sink from the
surface (0 m) to 15 m.
C3. The vessel shall:
(i) Ensure that all longlines are set so as to achieve a minimum
longline sink rate of 0.2 m/s at all times whilst operating under this
exemption;
(ii) Report daily to its national agency on the achievement of this
target whilst operating under this exemption;
(iii) Ensure that data collected from longline sink rate tests and
longline sink rate monitoring during fishing are recorded in the
CCAMLR-approved format \1\ and submitted to the relevant national
agency and CCAMLR Data Manager within two months of the vessel
departing a fishery to which this measure applies.

\1\ Included in the scientific observer electronic logbook.
\2\ A plastic water bottle that has a `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.
\3\ On autolines attach to the backbone; on the Spanish longline
system attach to the hookline.
\4\ Binoculars will make this process easier to view, especially
in foul weather.

Conservation Measure 25-02 (2008) \1\ \2\

Minimisation of the incidental mortality of seabirds in the course of
longline fishing or longline fishing research in the Convention Area.
(Species: seabirds; Area: all; Season: all; Gear: longline)
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,
Recognising that in certain subareas and divisions of the
Convention Area there is also a high risk that seabirds will be caught
during line hauling,
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
hooklines \3\ sink beyond the reach of seabirds as soon as possible
after they are put in the water.
2. Vessels using autoline systems should add weights to the
hookline or use integrated weight (IW) hooklines while deploying
longlines. IW longlines of a minimum of 50 g/m or attachment to non-IW
longlines of 5 kg weights at 50 to 60 m intervals are recommended.
3. Vessels using the Spanish method of longline fishing should
release weights before line tension occurs; traditional weights \4\ of
at least 8.5 kg mass shall be used, spaced at intervals of no more than
40 m, or traditional weights \4\ of at least 6 kg mass shall be used,
spaced at intervals of no more than 20 m, or solid steel weights \5\ of
at least 5 kg mass shall be used, spaced at intervals of no more than
40 m.
4. Vessels using the trotline system exclusively (not a mix of
trotlines and the Spanish system within the same longline) shall deploy
weights only at the distal end of the droppers in the trotline. Weights
shall be traditional weights of at least 6 kg or solid steel weights of
at least 5 kg. Vessels alternating between the use of the Spanish
system and trotline method shall use: (i) For the Spanish system: line
weighting shall conform to the provisions in paragraph 3; (ii) for the
trotline method: line weighting shall be either 8.5 kg traditional
weights or 5 kg steel weights attached on the hook-end of all droppers
in the trotline at no more than 80 m intervals. \6\
5. Longlines shall be set at night only (i.e. during the hours of
darkness between the times of nautical twilight \7\) \8\. During
longline fishing at night, only the minimum ship's lights necessary for
safety shall be used.
6. 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, a system
shall be

[[Page 7143]]

implemented to remove fish hooks from offal and fish heads prior to
discharge.
7. 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.
8. A streamer line shall be deployed during longline setting to
deter birds from approaching the hookline. Specifications of the
streamer line and its method of deployment are given in Annex 25-02/A.
9. A device designed to discourage birds from accessing baits
during the haul of longlines shall be employed in those areas defined
by CCAMLR as average-to-high or high (Level of Risk 4 or 5) in terms of
risk of seabird by-catch. These areas are currently Statistical
Subareas 48.3, 58.6 and 58.7 and Statistical Divisions 58.5.1 and
58.5.2.
10. 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.
11. Other variations in the design of mitigation measures 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.\9\ Full proposals for any such testing must
be notified to the Working Group on Fish Stock Assessment (WG-FSA) in
advance of the fishing season in which the trials are proposed to be
conducted.

\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ Hookline is defined as the groundline or mainline to which
the baited hooks are attached by snoods.
\4\ Traditional weights are those made from rocks or concrete.
\5\ Solid steel weights shall not be made from chain links. They
should be made in a hydrodynamic shape designed to sink rapidly.
\6\ Recognising that Spanish system longlines with weights at 40
m intervals are typically configured with lines at 80 m intervals
that connect hauling and hook lines (see diagram Annex 25-02/B).
These connecting lines form the dropper lines of the trotline
method.
\7\ The exact times of nautical twilight are set forth in the
Nautical Almanac tables for the relevant latitude, local time and
date. A copy of the algorithm for calculating these times is
available from the CCAMLR Secretariat. All times, whether for ship
operations or observer reporting, shall be referenced to GMT.
\8\ 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).
\9\ The mitigation measures under test should be constructed and
operated taking full account of the principles set out in WG-FSA-03/
22 (the published version of which is available from the CCAMLR
Secretariat and Web site); testing should be carried out
independently of actual commercial fishing and in a manner
consistent with the spirit of Conservation Measure 21-02.

Annex 25-02/A

1. The aerial extent of the streamer line, which is the part of the
line supporting the streamers, is the effective seabird deterrent
component of a streamer line. Vessels are encouraged to optimise the
aerial extent and ensure that it protects the hookline as far astern of
the vessel as possible, even in crosswinds.
2. The streamer line shall be attached to the vessel such that it
is suspended from a point a minimum of 7 m above the water at the stern
on the windward side of the point where the hookline enters the water.
3. The streamer line shall be a minimum of 150 m in length and
include an object towed at the seaward end to create tension to
maximise aerial coverage. The object towed should be maintained
directly behind the attachment point to the vessel such that in
crosswinds the aerial extent of the streamer line is over the hookline.
4. Branched streamers, each comprising two strands of a minimum of
3 mm diameter brightly coloured plastic tubing \1\ or cord, shall be
attached no more than 5 m apart commencing 5 m from the point of
attachment of the streamer line to the vessel and thereafter along the
aerial extent of the line. Streamer length shall range between minimums
of 6.5 m from the stern to 1 m for the seaward end. When a streamer
line is fully deployed, the branched streamers should reach the sea
surface in the absence of wind and swell. Swivels or a similar device
should be placed in the streamer line in such a way as to prevent
streamers being twisted around the streamer line. Each branched
streamer may also have a swivel or other device at its attachment point
to the streamer line to prevent fouling of individual streamers.
5. Vessels are encouraged to deploy a second streamer line such
that streamer lines are towed from the point of attachment each side of
the hookline. The leeward streamer line should be of similar
specifications (in order to avoid entanglement the leeward streamer
line may need to be shorter) and deployed from the leeward side of the
hookline.

\1\ Plastic tubing should be of a type that is manufactured to
be protected from ultraviolet radiation.
[GRAPHIC] [TIFF OMITTED] TN12FE09.010

[[Page 7144]]

[GRAPHIC] [TIFF OMITTED] TN12FE09.011

Conservation Measure 26-01 (2008) \1\ \2\

General environmental protection during fishing
(Species: All; Area: All; Season: All; Gear: All)
The Commission,

Concerned that certain activities associated with fishing may
affect the Antarctic marine environment and that these activities have
played a notable role in CCAMLR's efforts to minimise incidental
mortality of non-target species such as seabirds and seals,
Noting that previous CCAMLR recommendations, and the provisions of
the MARPOL 73/78 Convention and its Annexes, prohibit the disposal of
all plastics at sea, in the CAMLR Convention Area,
Noting various provisions of the Protocol on Environmental
Protection to the Antarctic Treaty in particular its Annexes as well as
related Recommendations and Measures of the Antarctic Treaty
Consultative Meetings,
Recollecting that for many years advice from the Scientific
Committee has indicated that significant numbers of Antarctic fur seals
have been entangled and killed in plastic packaging bands in the
Convention Area,
Noting the recommendations of CCAMLR and the provisions of the
MARPOL Convention and its Annexes which prohibit the jettisoning of all
plastics at sea and that entanglement of fur seals is still continuing,
Recognising that the bait boxes used on fishing vessels in
particular and other packages in general need not be secured by plastic
packaging bands because suitable alternatives exist,
Adopts the following conservation measure to minimise possible
effects on the marine environment arising from fishing-related
activities in the context of mitigating incidental mortality of non-
target species and protecting the marine environment in accordance with
Article IX of the Convention.

Disposal of Plastic Packaging Bands

1. The use on fishing vessels of plastic packaging bands to secure
bait boxes shall be prohibited.
2. The use of other plastic packaging bands for other purposes on
fishing vessels which do not use on-board incinerators (closed systems)
shall be prohibited.
3. Any packaging bands, once removed from packages, shall be cut
into approximately 30 cm sections, so that they do not form a
continuous loop and at the earliest opportunity burned in the on-board
incinerator.
4. Any plastic residue shall be stored on board the vessel until
reaching port and in no case discarded at sea.

Prohibition of Discharge in High-Latitude Fisheries

5. Vessels fishing south of 60 [deg] S shall be prohibited from
dumping or discharging:
(i) Oil or fuel products or oily residues into the sea, except as
permitted under 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);
(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;
(vi) Offal; or
(vii) Incineration ash.

Translocation of Poultry

6. Live poultry or other living birds shall not be brought into
areas south of 60[deg] S, and any dressed poultry not consumed shall be
removed from those areas.

\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands
\2\ Except for waters adjacent to the Prince Edward Islands.

Conservation Measure 32-09 (2008)

Prohibition of directed fishing for Dissostichus spp. except in

[[Page 7145]]

accordance with specific conservation measures in the 2008/09 season
(Species: Toothfish; Area: 48.5; Season: 2008/09; Gear: All)

The Commission hereby adopts the following conservation measure in
accordance with Article IX of the Convention:
Directed fishing for Dissostichus spp. in Statistical Subarea 48.5
is prohibited from 1 December 2008 to 30 November 2009.

Conservation Measure 33-02 (2008)

Limitation of by-catch in Statistical Division 58.5.2 in the 2008/09
season
(Species: By-catch; Area: 58.5.2; Season: 2008/09; Gear: All)

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 2008/09 fishing season.
2. In directed fisheries in Statistical Division 58.5.2 in the
2008/09 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 360
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., Somniosus 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 \3\ followed 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 \3\ followed
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, pending
the adoption of a more appropriate period by the Commission.
\3\ For a trawl the path is defined 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. For a
longline or a pot, the path is defined from the point at which the
first anchor of a set was deployed to the point at which the last
anchor of that set was deployed.

Conservation Measure 33-03 (2008) \1\ \2\

Limitation of by-catch in new and exploratory fisheries in the 2008/09
season
(Species: By-catch; Area: Various; Season: 2008/09; Gear: All)

1. This conservation measure applies to new and exploratory
fisheries in all areas containing small-scale research units (SSRUs) in
the 2008/09 season, except where specific by-catch limits apply.
2. The catch limits for all by-catch species are set out in Annex
33-03/A. Within these catch limits, the total catch \3\ of by-catch
species in any SSRU or combination of SSRUs as defined in relevant
conservation measures shall not exceed the following limits:
Skates and rays 5% of the catch limit of Dissostichus spp.
or 50 tonnes whichever is greater;
Macrourus spp. 16% of the catch limit for Dissostichus
spp. or 20 tonnes, whichever is greater;
All other species combined 20 tonnes.
3. For the purposes of this measure `Macrourus spp.' and `skates
and rays' should each be counted as a single species.
4. Unless otherwise requested by scientific observers, vessels,
where possible, should release skates and rays alive from the line by
cutting snoods, and when practical, removing the hooks.
5. 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 \4\ 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.\5\
The location where the by-catch exceeded 1 tonne is defined as the path
\6\ followed by the fishing vessel.
6. If the catch of Macrourus spp. taken by a single vessel in any
two 10-day periods \7\ in a single SSRU exceeds 1 500 kg in each 10-day
period and exceeds 16% of the catch of Dissostichus spp. by that vessel
in that SSRU in those periods, the vessel shall cease fishing in that
SSRU for the remainder of the season.

\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ Total green weight caught, excluding individuals released
alive.
\4\ 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.
\5\ The specified period is adopted in accordance with the
reporting period specified in Conservation Measure 23-01, pending
the adoption of a more appropriate period by the Commission.
\6\ For a trawl the path is defined 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. For a
longline the path is defined from the point at which the first
anchor of a set was deployed to the point at which the last anchor
of that set was deployed.
\7\ A 10-day period is defined as day 1 to day 10, day 11 to day
20, or day 21 to the last day of the month.

Annex 33-03/A

Table 1--By-Catch Catch Limits for New and Exploratory Fisheries in 2008/09
----------------------------------------------------------------------------------------------------------------
By-catch catch limit
Dissostichus spp. --------------------------------------------------------
Subarea/ division Region catch limit Skates and rays Macrourus spp.
(tonnes per (tonnes per (tonnes per Other species
region) region) region) (tonnes per SSRU)
----------------------------------------------------------------------------------------------------------------
48.6............. North of 60 200 50 32 20
[deg] S.
South of 60 200 50 32 20
[deg] S.
58.4.1........... Whole division.. 210 50 33 20

[[Page 7146]]

58.4.2........... Whole division.. 70 50 20 20
58.4.3a.......... Whole division.. 86 50 26 20
58.4.3b.......... North of 60 120 50 80 20
[deg] S.
88.1............. Whole subarea... 2700 135 430 20
88.2............. South of 65 567 50 90 20
[deg] S.
----------------------------------------------------------------------------------------------------------------
Region: As defined in column 2 of this table.
Rules for catch limits for by-catch species:
Skates and rays: 5% of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greatest (SC-CAMLR-XXI,
paragraph 5.76).
Macrourus spp.: 16% of the catch limit for Dissostichus spp. or 20 tonnes whichever is greatest, except in
Statistical Divisions 58.4.3a and 58.4.3b (SC-CAMLR-XXII, paragraph 4.207), and Statistical Subarea 88.1 (SC-
CAMLR-XXVII, paragraph 4.162).
Other species: 20 tonnes per SSRU.

Conservation Measure 41-01 (2008) \1\ \2\

General measures for exploratory fisheries for Dissostichus spp. in the
Convention Area in the 2008/09 season
(Species: toothfish; Area: various; Season: 2008/09; Gear: longline,
trawl)

The Commission 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 small-scale research unit
(SSRU) shall cease when the reported catch reaches the specified catch
limit \3\ and that SSRU shall be closed to fishing for the remainder of
the season.
3. 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 midpoint of the path between the start point
and end point of the haul for the purposes of catch and effort
reporting;
(ii) The precise geographic position of a haul/set in longline
fisheries will be determined by the centre point of the line or lines
deployed for the purposes of catch and effort reporting;
(iii) The vessel will be deemed to be fishing in any SSRU from the
beginning of the setting process until the completion of the hauling of
all lines;
(iv) Catch and effort information for each species by SSRU 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;
(v) The Secretariat shall notify Contracting Parties participating
in these fisheries when the total catch for Dissostichus eleginoides
and Dissostichus mawsoni combined in any SSRU is likely to reach the
specified catch limit, and of the closure of that SSRU when that limit
is reached.\4\ No part of a trawl path may lie within a closed SSRU and
no part of a longline may be set within a closed SSRU.
4. The by-catch in each exploratory fishery shall be regulated as
in Conservation Measure 33-03.
5. The total number and weight of Dissostichus eleginoides and
Dissostichus mawsoni discarded, including those with the `jellymeat'
condition, shall be reported.
6. Each vessel participating in the exploratory fisheries for
Dissostichus spp. during the 2008/09 season shall have 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 season.
7. The Data Collection Plan (Annex 41-01/A), Research Plan (Annex
41-01/B) and Tagging Program (Annex 41-01/C) shall be implemented. Data
collected pursuant to the Data Collection and Research Plans for the
period up to 31 August 2009 shall be reported to CCAMLR by 30 September
2009 so that the data will be available to the meeting of the Working
Group on Fish Stock Assessment (WG-FSA) in 2009. Such data taken after
31 August 2009 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.
8. 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\ Unless otherwise specified, the catch limit for Dissostichus
spp. shall be 100 tonnes in any SSRU except in respect of
Statistical Subarea 88.2.
\4\ The closure of fisheries is governed by Conservation Measure
31-02.

Annex 41-01/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) and Monthly Fine-scale
Catch, Effort and Biological Data Reporting Systems (Conservation
Measures 23-04 and 23-05).
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;

[[Page 7147]]

(vii) Number and mass by species of by-catch of fish and other
organisms;
(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.

Annex 41-01/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 and Figure 1.
3. Except when fishing in Statistical Subareas 88.1 and 88.2 (see
paragraph 5), any vessel undertaking prospecting or commercial fishing
in any SSRU must undertake the following research activities:
(i) On first entry into an SSRU, the first 10 hauls, whether by
trawl or longline, shall be designated `research hauls' and must
satisfy the criteria set out in paragraph 4. Research hauls shall be
carried out on, or close to, positions provided by the CCAMLR
Secretariat,\1\ based on a stratified random design in prescribed areas
within that SSRU.
(ii) On completion of 10 research hauls the vessel may continue to
fish within the SSRU.
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 midpoint of each research haul;
(ii) Each haul shall comprise: for longlines, at least 3 500 hooks
and no more than 5 000 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);
(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. In the exploratory fisheries in Statistical Subareas 88.1 and
88.2, all data specified in the Data Collection Plan (Annex 41-01/A) of
this conservation measure shall be collected for every haul; all fish
of each Dissostichus species in a haul (up to a maximum of 35 fish) are
to be measured and randomly sampled for biological studies (paragraphs
2(iv) to (vi) of Annex 41-01/A).
6. In all other exploratory fisheries, all data specified in the
Data Collection Plan (Annex 41-01/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 (vi) of Annex 41-
01/A). Where more than 100 fish are caught, a method for randomly
subsampling the fish should be applied.

\1 \ The Secretariat will generate a list of random stations for
each vessel participating in exploratory fisheries. These lists will
be provided to notifying Members prior to the start of the fishing
season (SC-CAMLR-XXVII, paragraphs 4.113 and 4.114).

Table 1--Description of Small-Scale Research Units (SSRUs)
[See also Figure 1]
------------------------------------------------------------------------
Region SSRU Boundary line
------------------------------------------------------------------------
48.6.................. A From 50[deg] S 20[deg] W, due east to
1[deg] 30'E, due south to 60[deg] S,
due west to 20[deg] W, due north to
50[deg] S.
B From 60[deg] S 20[deg] W, due east to
10[deg] W, due south to coast,
westward along coast to 20[deg] W,
due north to 60[deg] S.
C From 60[deg] S 10[deg] W, due east to
0[deg] longitude, due south to coast,
westward along coast to 10[deg] W,
due north to 60[deg] S.
D From 60[deg] S 0[deg] longitude, due
east to 10[deg] E, due south to
coast, westward along coast to 0[deg]
longitude, due north to 60[deg] S.
E From 60[deg] S 10[deg] E, due east to
20[deg] E, due south to coast,
westward along coast to 10[deg] E,
due north to 60[deg] S.
F From 60[deg] S 20[deg] E, due east to
30[deg] E, due south to coast,
westward along coast to 20[deg] E,
due north to 60[deg] S.
G From 50[deg] S 1[deg] 30'E, due east
to 30[deg] E, due south to 60[deg] S,
due west to 1[deg] 30'E, due north to
50[deg] S.
58.4.1................ A From 55[deg] S 86[deg] E, due east to
150[deg] E, due south to 60[deg] S,
due west to 86[deg] E, due north to
55[deg] S.
B From 60[deg] S 86[deg] E, due east to
90[deg] E, due south to coast,
westward along coast to 80[deg] E,
due north to 64[deg] S, due east to
86[deg] E, due north to 60[deg] S.
C From 60[deg] S 90[deg] E, due east to
100[deg] E, due south to coast,
westward along coast to 90[deg] E,
due north to 60[deg] S.
D From 60[deg] S 100[deg] E, due east to
110[deg] E, due south to coast,
westward along coast to 100[deg] E,
due north to 60[deg] S.
E From 60[deg] S 110[deg] E, due east to
120[deg] E, due south to coast,
westward along coast to 110[deg] E,
due north to 60[deg] S.
F From 60[deg] S 120[deg] E, due east to
130[deg] E, due south to coast,
westward along coast to 120[deg] E,
due north to 60[deg] S.
G From 60[deg] S 130[deg] E, due east to
140[deg] E, due south to coast,
westward along coast to 130[deg] E,
due north to 60[deg] S.
H From 60[deg] S 140[deg] E, due east to
150[deg] E, due south to coast,
westward along coast to 140[deg] E,
due north to 60[deg] S.
58.4.2................ A From 62[deg] S 30[deg] E, due east to
40[deg] E, due south to coast,
westward along coast to 30[deg] E,
due north to 62[deg] S.
B From 62[deg] S 40[deg] E, due east to
50[deg] E, due south to coast,
westward along coast to 40[deg] E,
due north to 62[deg] S.
C From 62[deg] S 50[deg] E, due east to
60[deg] E, due south to coast,
westward along coast to 50[deg] E,
due north to 62[deg] S.
D From 62[deg] S 60[deg] E, due east to
70[deg] E, due south to coast,
westward along coast to 60[deg] E,
due north to 62[deg] S.
E From 62[deg] S 70[deg] E, due east to
73[deg] 10'E, due south to 64[deg] S,
due east to 80[deg] E, due south to
coast, westward along coast to
70[deg] E, due north to 62[deg] S.
58.4.3a............... A Whole division, from 56[deg] S 60[deg]
E, due east to 73[deg] 10'E, due
south to 62[deg] S, due west to
60[deg] E, due north to 56[deg] S.
58.4.3b............... A From 56[deg] S 73[deg] 10'E, due east
to 79[deg] E, south to 59[deg] S, due
west to 73[deg] 10'E, due north to
56[deg] S.
B From 60[deg] S 73[deg] 10'E, due east
to 86[deg] E, south to 64[deg] S, due
west to 73[deg] 10'E, due north to
60[deg] S.
C From 59[deg] S 73[deg] 10'E, due east
to 79[deg] E, south to 60[deg] S, due
west to 73[deg] 10'E, due north to
59[deg] S.
D From 59[deg] S 79[deg] E, due east to
86[deg] E, south to 60[deg] S, due
west to 79[deg] E, due north to
59[deg] S.
E From 56[deg] S 79[deg] E, due east to
80[deg] E, due north to 55[deg] S,
due east to 86[deg] E, south to
59[deg] S, due west to 79[deg] E, due
north to 56[deg] S.
58.4.4................ A From 51[deg] S 40[deg] E, due east to
42[deg] E, due south to 54[deg] S,
due west to 40[deg] E, due north to
51[deg] S.
B From 51[deg] S 42[deg] E, due east to
46[deg] E, due south to 54[deg] S,
due west to 42[deg] E, due north to
51[deg] S.
C From 51[deg] S 46[deg] E, due east to
50[deg] E, due south to 54[deg] S,
due west to 46[deg] E, due north to
51[deg] S.
D Whole division excluding SSRUs A, B,
C, and with outer boundary from
50[deg] S 30[deg] E, due east to
60[deg] E, due south to 62[deg] S,
due west to 30[deg] E, due north to
50[deg] S.

[[Page 7148]]

58.6.................. A From 45[deg] S 40[deg] E, due east to
44[deg] E, due south to 48[deg] S,
due west to 40[deg] E, due north to
45[deg] S.
B From 45[deg] S 44[deg] E, due east to
48[deg] E, due south to 48[deg] S,
due west to 44[deg] E, due north to
45[deg] S.
C From 45[deg] S 48[deg] E, due east to
51[deg] E, due south to 48[deg] S,
due west to 48[deg] E, due north to
45[deg] S.
D From 45[deg] S 51[deg] E, due east to
54[deg] E, due south to 48[deg] S,
due west to 51[deg] E, due north to
45[deg] S.
58.7.................. A From 45[deg] S 37[deg] E, due east to
40[deg] E, due south to 48[deg] S,
due west to 37[deg] E, due north to
45[deg] S.
88.1.................. A From 60[deg] S 150[deg] E, due east to
170[deg] E, due south to 65[deg] S,
due west to 150[deg] E, due north to
60[deg] S.
B From 60[deg] S 170[deg] E, due east to
179[deg] E, due south to 66[deg]
40'S, due west to 170[deg] E, due
north to 60[deg] S.
C From 60[deg] S 179[deg] E, due east to
170[deg] W, due south to 70[deg] S,
due west to 178[deg] W, due north to
66[deg] 40'S, due west to 179[deg] E,
due north to 60[deg] S.
D From 65[deg] S 150[deg] E, due east to
160[deg] E, due south to coast,
westward along coast to 150[deg] E,
due north to 65[deg] S.
E From 65[deg] S 160[deg] E, due east to
170[deg] E, due south to 68[deg]
30'S, due west to 160[deg] E, due
north to 65[deg] S.
F From 68[deg] 30'S 160[deg] E, due east
to 170[deg] E, due south to coast,
westward along coast to 160[deg] E,
due north to 68[deg] 30'S.
G From 66[deg] 40'S 170[deg] E, due east
to 178[deg] W, due south to 70[deg]
S, due west to 178[deg] 50'E, due
south to 70[deg] 50'S, due west to
170[deg] E, due north to 66[deg]
40'S.
H From 70[deg] 50'S 170[deg] E, due east
to 178[deg] 50'E, due south to
73[deg] S, due west to coast,
northward along coast to 170[deg] E,
due north to 70[deg] 50'S.
I From 70[deg] S 178[deg] 50'E, due east
to 170[deg] W, due south to 73[deg]
S, due west to 178[deg] 50'E, due
north to 70[deg] S.
J From 73[deg] S at coast near 170[deg]
30'E, due east to 178[deg] 50'E, due
south to 80[deg] S, due west to
170[deg] E, northward along coast to
73[deg] S.
K From 73[deg] S 178[deg] 50'E, due east
to 170[deg] W, due south to 76[deg]
S, due west to 178[deg] 50'E, due
north to 73[deg] S.
L From 76[deg] S 178[deg] 50'E, due east
to 170[deg] W, due south to 80[deg]
S, due west to 178[deg] 50'E, due
north to 76[deg] S.
M From 73[deg] S at coast near 169[deg]
30'E, due east to 170[deg] E, due
south to 80[deg] S, due west to
coast, northward along coast to
73[deg] S.
88.2.................. A From 60[deg] S 170[deg] W, due east to
160[deg] W, due south to coast,
westward along coast to 170[deg] W,
due north to 60[deg] S.
B From 60[deg] S 160[deg] W, due east to
150[deg] W, due south to coast,
westward along coast to 160[deg] W,
due north to 60[deg] S.
C From 60[deg] S 150[deg] W, due east to
140[deg] W, due south to coast,
westward along coast to 150[deg] W,
due north to 60[deg] S.
D From 60[deg] S 140[deg] W, due east to
130[deg] W, due south to coast,
westward along coast to 140[deg] W,
due north to 60[deg] S.
E From 60[deg] S 130[deg] W, due east to
120[deg] W, due south to coast,
westward along coast to 130[deg] W,
due north to 60[deg] S.
F From 60[deg] S 120[deg] W, due east to
110[deg] W, due south to coast,
westward along coast to 120[deg] W,
due north to 60[deg] S.
G From 60[deg] S 110[deg] W, due east to
105[deg] W, due south to coast,
westward along coast to 110[deg] W,
due north to 60[deg] S.
88.3.................. A From 60[deg] S 105[deg] W, due east to
95[deg] W, due south to coast,
westward along coast to 105[deg] W,
due north to 60[deg] S.
B From 60[deg] S 95[deg] W, due east to
85[deg] W, due south to coast,
westward along coast to 95[deg] W,
due north to 60[deg] S.
C From 60[deg] S 85[deg] W, due east to
75[deg] W, due south to coast,
westward along coast to 85[deg] W,
due north to 60[deg] S.
D From 60[deg] S 75[deg] W, due east to
70[deg] W, due south to coast,
westward along coast to 75[deg] W,
due north to 60[deg] S.
------------------------------------------------------------------------

[[Page 7149]]

[GRAPHIC] [TIFF OMITTED] TN12FE09.012

Annex 41-01/C

Tagging Program for Dissostichus spp. and Skates in Exploratory
Fisheries

1. The responsibility for ensuring tagging, tag recovery and
correct reporting shall lie with the Flag State of the fishing vessel.
The fishing vessel shall cooperate with the CCAMLR scientific observer
in undertaking the tagging program.
2. This program shall apply in each exploratory longline fishery,
and any vessel that participates in more than one exploratory fishery
shall apply the following in each exploratory fishery in which that
vessel fishes:
(i) Each longline vessel shall tag and release Dissostichus spp.,
continuously while fishing, at a rate specified in the conservation
measure for that fishery according to the CCAMLR Tagging Protocol
¹.
(ii) The program shall target toothfish of all sizes in order to
meet the tagging requirement, only toothfish that are in good condition
shall be tagged and the availability of these fish shall be reported by
the observer. All released toothfish must be double-tagged and releases
should cover as broad a geographical area as possible. In regions where
both species occur, the tagging rate shall to the extent practicable be
in proportion to the species and sizes of Dissostichus spp. present in
the catches.
(iii) During the 2008/09 season (Year-of-the-Skate), each longline
vessel shall tag and release skates, continuously while fishing, at a
rate specified in the conservation measure for that fishery according
to the CCAMLR Tagging Protocol. All tagged skates must be double-tagged
and released alive.
(iv) All toothfish and skate tags for use in exploratory fisheries
shall be sourced from the Secretariat.
(v) Recaptured tagged fish (i.e. fish caught that have a previously
inserted tag) shall not be re-released, even if at liberty for only a
short period.
(vi) All recaptured tagged fish should be biologically sampled
(length, weight, sex, gonad stage), an electronic time-stamped
photograph taken of the fish and tag, the otoliths recovered and the
tag removed.
3. Toothfish that are tagged and released shall not be counted
against the catch limits.
4. All relevant tag data and any data recording tag recaptures
shall be reported electronically in the CCAMLR format ¹ to
the Executive Secretary (i) by the vessel every month along with its
monthly fine-scale catch and effort (C2) data, and (ii) by the observer
as part of the data reporting requirements for observer data
¹.
5. All relevant tag data, any data recording tag recaptures, and
specimens (tags and otoliths) from recaptures shall also be reported
electronically in the CCAMLR format ¹ to the relevant
regional tag data repository as detailed in the CCAMLR Tagging Protocol
(available at http://www.ccamlr.org/pu/e/sc/tag/intro.htm).

\1\ In accordance with the CCAMLR Tagging Protocol for
exploratory fisheries which is available from the Secretariat and
included in the scientific observer logbook forms.

[[Page 7150]]

Conservation Measure 41-02 (2008)

Limits on the fishery for Dissostichus eleginoides in Statistical
Subarea 48.3 in the 2007/08 and 2008/09 seasons
(Species: toothfish; Area: 48.3; Season: 2007/08 and 2008/09; Gear:
longline, pot)

The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 31-01:
Access 1. The fishery for Dissostichus eleginoides in Statistical
Subarea 48.3 shall be conducted by vessels using longlines and pots
only.
2. For the purpose of this fishery, the area open to the fishery is
defined as that portion of Statistical Subarea 48.3 that lies within
the area bounded by latitudes 52[deg]30' S and 56[deg]0' S and by
longitudes 33[deg]30' W and 48[deg]0' W.
3. A map illustrating the area defined by paragraph 2 is appended
to this conservation measure (Annex 41-02/A). The portion of
Statistical Subarea 48.3 outside that defined above shall be closed to
directed fishing for Dissostichus eleginoides in the 2007/08 and 2008/
09 seasons.
Catch limit 4. The total catch of Dissostichus eleginoides in
Statistical Subarea 48.3 in the 2007/08 and 2008/09 seasons shall be
limited to 3 920 tonnes in each season. The catch limit shall be
further subdivided between the Management Areas shown in Annex 41-02/A
as follows:

Management Area A: 0 tonnes
Management Area B: 1 176 tonnes in each season
Management Area C: 2 744 tonnes in each season.

Season 5. For the purpose of the longline fishery for Dissostichus
eleginoides in Statistical Subarea 48.3, the 2007/08 and 2008/09
seasons are defined as the period from 1 May to 31 August in each
season, 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 2007/08 and 2008/09 seasons are defined
as the period from 1 December to 30 November, or until the catch limit
is reached, whichever is sooner. The season for longline fishing
operations may be extended to 14 September in each season for any
vessel which has demonstrated full compliance with Conservation Measure
25-02 in the previous season. This extension to the season shall also
be subject to a catch limit of three (3) seabirds per vessel. If three
seabirds are caught during the season extension, fishing shall cease
immediately for that vessel.
By-catch 6. The by-catch of crab in any pot fishery undertaken
shall be counted against the catch limit in the crab fishery in
Statistical Subarea 48.3.
7. The by-catch of finfish in the fishery for Dissostichus
eleginoides in Statistical Subarea 48.3 in the 2007/08 and 2008/09
seasons shall not exceed 196 tonnes for skates and rays and 196 tonnes
for Macrourus spp. in each season. For the purpose of these by-catch
limits, `Macrourus spp.' and `skates and rays' shall each be counted as
a single species.
8. 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 ³ followed by the fishing vessel.
Mitigation 9. The operation of this fishery shall be carried out in
accordance with Conservation Measure 25-02 so as to minimise the
incidental mortality of seabirds in the course of fishing.
Observers 10. 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 11. For the purpose of implementing this
conservation measure, the following shall apply:
(i) the Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) the Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
12. For the purpose of Conservation Measures 23-01 and 23-04, the
target species is Dissostichus eleginoides and by-catch species are
defined as any species other than Dissostichus eleginoides.
13. 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 14. Fine-scale biological data, as required under
Conservation Measure 23-05, shall be collected and recorded. Such data
shall be reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Research fishing 15. Catches of Dissostichus eleginoides taken
under the provisions of Conservation Measure 24-01 in the area of the
fishery defined in this conservation measure shall be considered as
part of the catch limit.
Environ-mental protection 16. Conservation Measure 26-01 applies.

\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, pending
the adoption of a more appropriate period by the Commission.
\3\ For a longline or a pot, the path is defined from the point
at which the first anchor of a set was deployed to the point at
which the last anchor of that set was deployed.

[Annex 41-02/a is unchanged]

Conservation Measure 41-03 (2008)

Limits on the fishery for Dissostichus spp. in Statistical Subarea 48.4
in the 2008/09 fishing season
(Species: toothfish; Area: 48.4; Season: 2008/09; Gear: longline)

Access 1. Directed fishing shall be by longlines only. The use of
all other methods of directed fishing for Dissostichus spp. in
Statistical Subarea 48.4 shall be prohibited.
2. For the purpose of this fishery, the areas open to fishing are
defined as that portion of Statistical Subarea 48.4 that lies within
the area bounded by latitudes 55[deg]30[min] S and 57[deg]20[min] S and
by longitudes 25[deg]30[min] W and 29[deg]30[min] W (Northern Area),
and that portion of Statistical Subarea 48.4 that lies within the area
bounded by latitudes 57[deg]20[min] S and 60[deg]00[min] S and by
longitudes 24[deg]30[min] W and 29[deg]00[min] W (Southern Area).
3. A map illustrating the areas defined by paragraph 2 is appended
to this conservation measure (Annex 41-03/A). The portion of
Statistical Subarea 48.4 outside that defined above shall be closed to
directed fishing for Dissostichus spp. in the 2008/09 season.
Catch limit 4. In the Northern Area of Statistical Subarea 48.4,
the total catch of Dissostichus eleginoides shall be limited to 75
tonnes, and the taking of Dissostichus mawsoni, other than for
scientific research purposes, is prohibited.
5. In the Southern Area of Statistical Subarea 48.4, the total
catch of Dissostichus spp. shall be limited to 75 tonnes.
Season 6. For the purposes of the fishery for Dissostichus spp. in
Statistical Subarea 48.4, the fishing

[[Page 7151]]

season shall be 1 December 2008 to 30 November 2009, or until the total
catch limit for Dissostichus spp. in Statistical Subarea 48.4 is
reached, whichever is sooner.
By-catch 7. In the Northern Area of Statistical Subarea 48.4, the
by-catch of finfish shall not exceed 4 tonnes for skates and rays and
12 tonnes for Macrourus spp.
8. In the Southern Area of Statistical Subarea 48.4, the by-catch
of finfish shall trigger a move-on rule if the catch of skates and rays
exceeds 5% of the catch of Dissostichus spp. in any one haul or set, or
if the catch of Macrourus spp. exceeds 16% of the catch of Dissostichus
spp. in any one haul or set. If the move-on rule is triggered, 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 move-on rule was triggered for a period
of at least five days\2\. The location where the move-on rule was
triggered is defined as the path\3\ followed by the fishing vessel.
9. For the purpose of these by-catch limits, `Macrourus spp.' and
`skates and rays' shall each be counted as a single species.
10. Dissostichus mawsoni caught in the Northern Area of Statistical
Subarea 48.4 shall, if in good condition, be tagged and released; or if
dead, may be retained.
Mitigation 11. Fishing in Statistical Subarea 48.4 shall be carried
out in accordance with the provisions of Conservation Measure 25-02.
When fishing is carried out in accordance with the provisions of
Conservation Measure 24-02, vessels may, subject to paragraph 13 below,
fish during daylight hours in an exemption to paragraph 5 (night
setting) of Conservation Measure 25-02.
12. Fishing in Statistical Subarea 48.4 in December, January,
February, March, October and November shall, in addition to paragraph
11 above, be carried out in accordance with the provisions of
Conservation Measure 24-02.
13. Any vessel fishing under the exemption from night setting
provided in paragraph 11 above and catching a total of three (3)
seabirds shall immediately revert to night setting in accordance with
Conservation Measure 25-02.
Observers 14. Each vessel participating in the fishery for
Dissostichus spp. in Statistical Subarea 48.4 shall have at least one
scientific observer appointed in accordance with the CCAMLR Scheme of
International Scientific Observation, on board throughout all fishing
activities within the fishing period.
Data: atch/effort 15. For the purpose of implementing this
conservation measure, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) The Monthly Fine-scale Catch and Effort Data Reporting System
set out in Conservation Measure 23-04. Data shall be reported on a
haul-by-haul basis. For the purposes of Conservation Measure 23-04, 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 shall be collected and recorded. Such data
shall be reported in accordance with the Scheme of International
Scientific Observation.
Tagging program 17. Each vessel taking part in the fishery for
Dissostichus spp. in Statistical Subarea 48.4 shall undertake a tagging
program in accordance with the CCAMLR Tagging Protocol. The following
additional provisions shall apply:
(i) Fish should be tagged at an average rate of five fish per tonne
of green weight catch throughout the season;
(ii) Fish should be tagged that have been caught across as broad a
range of depths within the designated area as practicable;
(iii) Fish of a range of total lengths should be tagged.
Environmental protection 18. Conservation Measure 26-01 applies.

\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, pending
the adoption of a more appropriate period by the Commission.
\3\ For a longline or a pot, the path is defined from the point
at which the first anchor of a set was deployed to the point at
which the last anchor of that set was deployed.

Annex 41-03/A

Statistical Subarea 48.4--Northern Area and Southern Area of the
fishery in the 2008/09 season according to paragraph 2. Latitudes and
longitudes are given in degrees, and the 1,000 m contour is shown.

[[Page 7152]]

[GRAPHIC] [TIFF OMITTED] TN12FE09.013

Conservation Measure 41-04 (2008)

Limits on the exploratory fishery for Dissostichus spp. in Statistical
Subarea 48.6 in the 2008/09 season
(Species: toothfish; Area: 48.6; Season: 2008/09; Gear: longline)

The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02:
Access 1. Fishing for Dissostichus spp. in Statistical Subarea 48.6
shall be limited to the exploratory longline fishery by Japan and the
Republic of Korea. The fishery shall be conducted by Japanese and
Korean flagged vessels using longlines only. No more than one vessel
per country shall fish at any one time.
2. Fishing is prohibited in depths shallower than 550 m in order to
protect benthic communities.
Catch limit 3. The total catch of Dissostichus spp. in Statistical
Subarea 48.6 in the 2008/09 season shall not exceed a precautionary
catch limit of 200 tonnes north of 60[deg] S and 200 tonnes south of
60[deg] S.
Season 4. For the purpose of the exploratory longline fishery for
Dissostichus spp. in Statistical Subarea 48.6, the 2008/09 season is
defined as the period from 1 December 2008 to 30 November 2009.
By-catch 5. The by-catch in this fishery shall be regulated as set
out in Conservation Measure 33-03.
Mitigation 6. 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, except paragraph 5
(night setting), which shall not apply as long as the requirements of
Conservation Measure 24-02 are met.¹
7. Any vessel catching a total of three (3) seabirds shall
immediately revert to night setting in accordance with Conservation
Measure 25-02.
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
2008/09 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
10. For the purpose of Conservation Measures 23-01 and 23-04, 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, shall be collected and recorded. Such data shall be
reported in accordance with the CCAMLR 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 and Tagging Program described in Conservation Measure 41-01, Annex
B and Annex C respectively.
13. Toothfish shall be tagged at a rate of at least three fish per
tonne green weight caught.
14. Skates shall be tagged at a rate of at least one skate per five
skates caught, up to a maximum of 500 skates per vessel.
Environmental protection 15. Conservation Measure 26-01 applies.
16. There shall be no offal discharge in this fishery.
17. Conservation Measures 22-06 and 22-07 apply.

\1\ The Japanese-flagged vessel Shinsei Maru No. 3 is exempted
from the requirement to conduct longline sink rate tests outside the
Convention Area when fishing at the end of the 2007/08 season and
into the 2008/09 season, provided that the vessel conducted regular
longline sink rate testing in 2007/08.

Conservation Measure 41-05 (2008)

Limits on the exploratory fishery for Dissostichus spp. in Statistical
Division 58.4.2 in the 2008/09 season
(Species: toothfish; Area: 58.4.2; Season: 2008/09; Gear: longline)

The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02, and notes that this measure
would be for one year and that data

[[Page 7153]]

arising from these activities would be reviewed by the Scientific
Committee:
Access 1. Fishing for Dissostichus spp. in Statistical Division
58.4.2 shall be limited to the exploratory longline fishery by Japan,
Republic of Korea, Spain and Uruguay. The fishery shall be conducted by
one (1) Japanese, four (4) Korean, one (1) Spanish and one (1)
Uruguayan flagged vessels using longlines only.
2. Fishing is prohibited in depths shallower than 550 m in order to
protect benthic communities.
Catch limit 3. The total catch of Dissostichus spp. in Statistical
Division 58.4.2, in the 2008/09 season shall not exceed a precautionary
catch limit of 70 tonnes applied as follows:

SSRU A--30 tonnes
SSRU B--0 tonnes
SSRU C--0 tonnes
SSRU D--0 tonnes
SSRU E--40 tonnes.

Season 4. For the purpose of the exploratory longline fishery for
Dissostichus spp. in Statistical Division 58.4.2, the 2008/09 season is
defined as the period from 1 December 2008 to 30 November 2009.
Fishing operations 5. 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 41-01, except
paragraph 6.
By-catch 6. The by-catch in this fishery shall be regulated as set
out in Conservation Measure 33-03.
Mitigation 7. 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, except paragraph 5
(night setting) shall not apply, providing that vessels comply with
Conservation Measure 24-02.
8. Any vessel catching a total of three (3) seabirds shall
immediately revert to night setting in accordance with Conservation
Measure 25-02.
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 and Tagging Program described in Conservation Measure 41-01, Annex
B and Annex C respectively.
11. Toothfish shall be tagged at a rate of at least three fish per
tonne green weight caught.
12. Skates shall be tagged at a rate of at least one skate per five
skates caught, up to a maximum of 500 skates per vessel.
Data: Catch/Effort
13. For the purpose of implementing this conservation measure in
the 2008/09 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
14. For the purpose of Conservation Measures 23-01 and 23-04, 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, shall be collected and recorded. Such data shall be
reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Environmental protection 16. Conservation Measure 26-01 applies.
17. Conservation Measures 22-06 and 22-07 apply.

Conservation Measure 41-06 (2008)

Limits on the exploratory fishery for Dissostichus spp. on Elan Bank
(Statistical Division 58.4.3a) outside areas of national jurisdiction
in the 2008/09 season
(Species: toothfish; Area: 58.4.3a; Season: 2008/09; Gear: longline)

The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02:
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 fishery by Japan. The fishery shall be
conducted by one (1) Japanese flagged vessel using longlines only.
2. Fishing is prohibited in depths shallower than 550 m in order to
protect benthic communities.
Catch limit 3. The total catch of Dissostichus spp. on Elan Bank
(Statistical Division 58.4.3a) outside areas of national jurisdiction
in the 2008/09 season shall not exceed a precautionary catch limit of
86 tonnes.
Season 4. 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 2008/09 season is defined as the
period from 1 May to 31 August 2009, or until the catch limit is
reached, whichever is sooner.
By-catch 5. The by-catch in this fishery shall be regulated as set
out in Conservation Measure 33-03.
Mitigation 6. The operation of this fishery shall be carried out in
accordance with Conservation Measure 25-02 so as to minimise the
incidental mortality of seabirds in the course of fishing.
7. The fishery on Elan Bank (Statistical Division 58.4.3a) outside
areas of national jurisdiction, may take place outside the prescribed
season (paragraph 4) provided that, prior to entry into force of the
licence, each vessel shall demonstrate its capacity to comply with
longline weighting as approved by the Scientific Committee and
described in Conservation Measure 24-02 and such data shall be reported
to the Secretariat immediately.
8. Should a total of three (3) seabirds be caught by a vessel
outside the normal season (defined in paragraph 4), the vessel shall
cease fishing immediately and shall not be permitted to fish outside
the normal fishing season for the remainder of the 2008/09 fishing
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 2008/09 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
11. For the purpose of Conservation Measures 23-01 and 23-04, the
target species is Dissostichus spp. and by-catch species are defined as
any species other than Dissostichus spp.
Data: Biological
12. Fine-scale biological data, as required under Conservation
Measure 23-05, shall be collected and recorded. Such data shall be
reported in

[[Page 7154]]

accordance with the CCAMLR Scheme of International Scientific
Observation.
Research 13. Each vessel participating in this exploratory fishery
shall conduct fishery-based research in accordance with the Research
Plan and Tagging Program described in Conservation Measure 41-01, Annex
B and Annex C, respectively.
14. Toothfish shall be tagged at a rate of at least three fish per
tonne green weight caught.
15. Skates shall be tagged at a rate of at least one skate per five
skates caught, up to a maximum of 500 skates per vessel.
Environmental protection 16. Conservation Measure 26-01 applies.
17. Conservation Measures 22-06 and 22-07 apply.

Conservation Measure 41-07 (2008)

Limits on the exploratory fishery for Dissostichus spp. on BANZARE Bank
(Statistical Division 58.4.3b) outside areas of national jurisdiction
in the 2008/09 season
(Species: toothfish; Area: 58.4.3b; Season: 2008/09; Gear: longline)

The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02:
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 fishery by Japan, Spain and
Uruguay. The fishery shall be conducted by Japanese, Spanish and
Uruguayan flagged vessels using longlines only. No more than one vessel
per country shall fish at any one time.
2. Fishing is prohibited in depths shallower than 550 m in order to
protect benthic communities.
Catch limit 3. The total catch of Dissostichus spp. on BANZARE Bank
(Statistical Division 58.4.3b) outside areas of national jurisdiction
in the 2008/09 season shall not exceed a precautionary catch limit of
120 tonnes applied as follows:

SSRU A--30 tonnes
SSRU B--0 tonnes
SSRU C--30 tonnes
SSRU D--30 tonnes
SSRU E--30 tonnes.

Season 4. 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 2008/09 season is defined
as the period from 1 May to 31 August 2009, or until the catch limit is
reached, whichever is sooner.
By-catch 5. The by-catch in this fishery shall be regulated as set
out in Conservation Measure 33-03.
Mitigation 6. The operation of this fishery shall be carried out in
accordance with Conservation Measure 25-02 so as to minimise the
incidental mortality of seabirds in the course of fishing.
7. The fishery on BANZARE Bank (Statistical Division 58.4.3b)
outside areas of national jurisdiction, may take place outside the
prescribed season (paragraph 4) provided that, prior to entry into
force of the licence, 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 and
such data shall be reported to the Secretariat immediately.
8. Should a total of three (3) seabirds be caught by a vessel
outside the normal season (defined in paragraph 4), the vessel shall
cease fishing immediately and shall not be permitted to fish outside
the normal fishing season for the remainder of the 2008/09 fishing
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 2008/09 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
11. For the purpose of Conservation Measures 23-01 and 23-04, the
target species is Dissostichus spp. and by-catch species are defined as
any species other than Dissostichus spp.
Data: Biological
12. Fine-scale biological data, as required under Conservation
Measure 23-05, shall be collected and recorded. Such data shall be
reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Research 13. Each vessel participating in this exploratory fishery
shall conduct fishery-based research in accordance with the Research
Plan and Tagging Program described in Conservation Measure 41-01, Annex
B and Annex C respectively.
14. Toothfish shall be tagged at a rate of at least three fish per
tonne green weight caught.
15. Skates shall be tagged at a rate of at least one skate per five
skates caught, up to a maximum of 500 skates per vessel.
Environmental protection 16. Conservation Measure 26-01 applies.
17. Conservation Measures 22-06 and 22-07 apply.

Conservation Measure 41-08 (2008)

Limits on the fishery for Dissostichus eleginoides in Statistical
Division 58.5.2 in the 2007/08 and 2008/09 seasons
(Species: toothfish; Area: 58.5.2; Season: 2007/08 and 2008/09; Gear:
various)

Access 1. The fishery for Dissostichus eleginoides in Statistical
Division 58.5.2 shall be conducted by vessels using trawls, pots or
longlines only.
Catch limit 2. The total catch of Dissostichus eleginoides in
Statistical Division 58.5.2 in the 2007/08 and 2008/09 seasons shall be
limited to 2 500 tonnes west of 79[deg]20' E.
Season 3. For the purpose of the trawl and pot fisheries for
Dissostichus eleginoides in Statistical Division 58.5.2, the 2007/08
and 2008/09 seasons are defined as the period from 1 December to 30
November, 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 2007/08 and 2008/09 seasons are
defined as the period from 1 May to 14 September in each season, or
until the catch limit is reached, whichever is sooner. The season for
longline fishing operations may be extended from 15 April to 30 April
and 15 September to 31 October in each season for any vessel which has
demonstrated full compliance with Conservation Measure 25-02 in the
previous season. These extensions to the season will also be subject to
a total catch limit of three (3) seabirds per vessel. If three seabirds
are caught during the season extension, fishing throughout the season
extensions shall cease immediately for that vessel.
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.
Mitigation 5. The operation of the trawl fishery shall be carried
out in accordance with Conservation Measure 25-03 so as to minimise the
incidental mortality of seabirds and mammals through the course of
fishing. The

[[Page 7155]]

operation of the longline fishery shall be carried out in accordance
with Conservation Measure 25-02, except paragraph 5 (night setting)
shall not apply for vessels using integrated weighted lines (IWLs)
during the period 1 May to 31 October in each season. Such vessels may
deploy IWL gear during daylight hours if, prior to entry into force of
the licence, 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.
During the period 15 April to 30 April in each season, vessels
shall use IWL gear and in a manner that ensures lines are set and
hauled sequentially, in conjunction with night setting and paired
streamer lines.
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, with the exception of the period 15 April to 30 April
in each season when two scientific observers shall be carried.
Data: Catch/Effort 7. For the purpose of implementing this conservation
measure, the following shall apply:
(i) The Ten-day Catch and Effort Reporting System set out in Annex
41-08/A;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Annex 41-08/A. Fine-scale data shall be submitted on a haul-by-
haul basis.
8. For the purpose of Annex 41-08/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, shall be collected and recorded. Such data shall be
reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Environmental protection 11. Conservation Measure 26-01 applies.
[Annex 41-08/A is unchanged]

Conservation Measure 41-09 (2008)

Limits on the exploratory fishery for Dissostichus spp. in Statistical
Subarea 88.1 in the 2008/09 season
(Species: toothfish; Area: 88.1; Season: 2008/09; Gear: longline)

SSRU A--0 tonnes
SSRUs B, C and G--352 tonnes total
SSRU D--0 tonnes
SSRU E--0 tonnes
SSRU F--0 tonnes
SSRUs H, I and K--1 994 tonnes total
SSRU J and L--354 tonnes
SSRU M--0 tonnes.

Season 4. For the purpose of the exploratory longline fishery for
Dissostichus spp. in Statistical Subarea 88.1, the 2008/09 season is
defined as the period from 1 December 2008 to 31 August 2009.
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, except
paragraph 6.
By-catch 6. The total by-catch in Statistical Subarea 88.1 in the
2008/09 season shall not exceed a precautionary catch limit of 135
tonnes of skates and rays, and 430 tonnes of Macrourus spp. Within
these total by-catch limits, individual limits will apply as follows:

SSRU A--0 tonnes of any species
SSRUs B, C and G total--50 tonnes of skates and rays, 40 tonnes of
Macrourus spp., 60 tonnes of other species
SSRU D--0 tonnes of any species
SSRU E--0 tonnes of any species
SSRU F--0 tonnes of any species
SSRUs H, I and K total--99 tonnes of skates and rays, 320 tonnes of
Macrourus spp., 60 tonnes of other species
SSRU J and L--50 tonnes of skates and rays, 70 tonnes of Macrourus
spp., 40 tonnes of other species.
SSRU M--0 tonnes of any species.

The by-catch in this fishery shall be regulated as set out in
Conservation Measure 33-03.
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, except paragraph 5
(night setting), which shall not apply as long as the requirements of
Conservation Measure 24-02 are met.
8. Any vessel catching a total of three (3) seabirds shall
immediately revert to night setting in accordance with Conservation
Measure 25-02.
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.
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.
Research 12. Each vessel participating in this exploratory fishery
shall conduct fishery-based research in accordance with the Research
Plan and Tagging Program described in Conservation Measure 41-01, Annex
B and Annex C respectively. The setting of research hauls (Conservation
Measure 41-01, Annex B, paragraphs 3 and 4) is not required.
13. Toothfish shall be tagged at a rate of at least one fish per
tonne green weight caught in each SSRU.
14. Skates shall be tagged at a rate of at least one skate per five
skates caught, up to a maximum of 500 skates per vessel.
Data: Catch/Effort
15. For the purpose of implementing this conservation measure in
the 2008/09 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.

[[Page 7156]]

16. For the purpose of Conservation Measures 23-01 and 23-04, the
target species is Dissostichus spp. and by-catch species are defined as
any species other than Dissostichus spp.
Data: Biological
17. Fine-scale biological data, as required under Conservation
Measure 23-05, shall be collected and recorded. Such data shall be
reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Environmental protection 18. Conservation Measure 26-01 applies.
19. Conservation Measures 22-06 and 22-07 apply.
Additional elements 20. Fishing for Dissostichus spp. in
Statistical Subarea 88.1 shall be prohibited within 10 n miles of the
coast of the Balleny Islands.

Conservation Measure 41-10 (2008)

Limits on the exploratory fishery for Dissostichus spp. in Statistical
Subarea 88.2 in the 2008/09 season
(Species: toothfish; Area: 88.2; Season: 2008/09; Gear: longline)

SSRU A--0 tonnes
SSRU B--0 tonnes
SSRUs C, D, F and G--214 tonnes total
SSRU E--353 tonnes.

Season 4. For the purpose of the exploratory longline fishery for
Dissostichus spp. in Statistical Subarea 88.2, the 2008/09 season is
defined as the period from 1 December 2008 to 31 August 2009.
5. 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, except paragraph 6.
By-catch 6. The total by-catch in Statistical Subarea 88.2 in the
2008/09 season shall not exceed a precautionary catch limit of 50
tonnes of skates and rays, and 90 tonnes of Macrourus spp. Within these
total by-catch limits, individual limits will apply as follows:

SSRU A--0 tonnes of any species
SSRU B--0 tonnes of any species
SSRUs C, D, F, G--50 tonnes of skates and rays, 34 tonnes of Macrourus
spp., 80 tonnes of other species
SSRU E--50 tonnes of skates and rays, 56 tonnes of Macrourus spp., 20
tonnes of other species.

The by-catch in this fishery shall be regulated as set out in
Conservation Measure 33-03.
Mitigation 7. 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, except paragraph 5
(night setting), which shall not apply as long as the requirements of
Conservation Measure 24-02 are met.
8. Any vessel catching a total of three (3) seabirds shall
immediately revert to night setting in accordance with Conservation
Measure 25-02.
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.
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.
Research 12. Each vessel participating in this exploratory fishery
shall conduct fishery-based research in accordance with the Research
Plan and Tagging Program described in Conservation Measure 41-01, Annex
B and Annex C respectively. The setting of research hauls (Conservation
Measure 41-01, Annex B, paragraphs 3 and 4) is not required.
13. Toothfish shall be tagged at a rate of at least one fish per
tonne green weight caught in each SSRU.
14. Skates shall be tagged at a rate of at least one skate per five
skates caught, up to a maximum of 500 skates per vessel.
Data: Catch/Effort
15. For the purpose of implementing this conservation measure in
the 2008/09 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
16. For the purpose of Conservation Measures 23-01 and 23-04, the
target species is Dissostichus spp. and by-catch species are defined as
any species other than Dissostichus spp.
Data: Biological
17. Fine-scale biological data, as required under Conservation
Measure 23-05, shall be collected and recorded. Such data shall be
reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Environmental protection 18. Conservation Measure 26-01 applies.
19. Conservation Measures 22-06 and 22-07 apply.

Conservation Measure 41-11 (2008)

Limits on the exploratory fishery for Dissostichus spp. in Statistical
Division 58.4.1 in the 2008/09 season
(Species: toothfish; Area: 58.4.1; Season: 2008/09; Gear: longline)

The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02, and notes that this measure
would be for one year and that data arising from these activities would
be reviewed by the Scientific Committee:
Access 1. Fishing for Dissostichus spp. in Statistical Division
58.4.1 shall be limited to the exploratory longline fishery by Japan,
Republic of Korea, New Zealand, South Africa, Spain and Uruguay. The
fishery shall be conducted by one (1) Japanese, five (5) Korean, four
(4) New Zealand, one (1) South African, one (1) Spanish and one (1)
Uruguayan flagged vessels using longlines only.
2. Fishing is prohibited in depths shallower than 550 m in order to
protect benthic communities.
Catch limit 3. The total catch of Dissostichus spp. in Statistical
Division 58.4.1 in the 2008/09 season shall not exceed a precautionary
catch limit of 210 tonnes applied as follows:

SSRU A--0 tonnes
SSRU B--0 tonnes
SSRU C--100 tonnes
SSRU D--0 tonnes
SSRU E--50 tonnes
SSRU F--0 tonnes
SSRU G--60 tonnes

[[Page 7157]]

SSRU H--0 tonnes.

Season 4. For the purpose of the exploratory longline fishery for
Dissostichus spp. in Statistical Division 58.4.1, the 2008/09 season is
defined as the period from 1 December 2008 to 30 November 2009.
Fishing operations 5. The exploratory longline fishery for
Dissostichus spp. in Statistical Division 58.4.1 shall be carried out
in accordance with the provisions of Conservation Measure 41-01, except
paragraph 6.
By-catch 6. The by-catch in this fishery shall be regulated as set
out in Conservation Measure 33-03.
Mitigation 7. The exploratory longline fishery for Dissostichus
spp. in Statistical Division 58.4.1 shall be carried out in accordance
with the provisions of Conservation Measure 25-02, except paragraph 5
(night setting) shall not apply, providing that vessels comply with
Conservation Measure 24-02.
8. Any vessel catching a total of three (3) seabirds shall
immediately revert to night setting in accordance with Conservation
Measure 25-02.
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 and Tagging Program described in Conservation Measure 41-01, Annex
B and Annex C respectively.
11. Toothfish shall be tagged at a rate of at least three fish per
tonne green weight caught.
Data: Catch/Effort
12. For the purpose of implementing this conservation measure in
the 2008/09 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
13. For the purpose of Conservation Measures 23-01 and 23-04, the
target species is Dissostichus spp. and by-catch species are defined as
any species other than Dissostichus spp.
Data: Biological
14. Fine-scale biological data, as required under Conservation
Measure 23-05, shall be collected and recorded. Such data shall be
reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Environmental protection 15. Conservation Measure 26-01 applies.
16. There shall be no offal discharge in this fishery.
17. Conservation Measures 22-06 and 22-07 apply.

Conservation Measure 42-01 (2008)

Limits on the fishery for Champsocephalus gunnari in Statistical
Subarea 48.3 in the 2008/09 season
(Species: icefish; Area: 48.3; Season: 2008/09; Gear: trawl)

The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 31-01:
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.
Catch limit 3. The total catch of Champsocephalus gunnari in
Statistical Subarea 48.3 in the 2008/09 season shall be limited to 3
834 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 2008/09 season is defined as
the period from 15 November 2008 to 14 November 2009, 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. 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 is greater than
100 kg and exceeds 5% of the total catch of all fish by weight, or 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 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 so as to minimise the
incidental mortality of seabirds in the course of the fishery. Vessels
shall use net binding \3\ and consider adding weight to the codend to
reduce seabird captures during shooting operations.
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 2008/09 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 2008/09 season, the following shall apply:
(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) the Monthly Fine-Scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
11. For the purpose of Conservation Measures 23-01 and 23-04, 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, shall be collected and recorded. Such data
shall be reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Environmental protection 13. Conservation Measure 26-01 applies.

[[Page 7158]]

Conservation Measure 42-02 (2008)

Limits on the fishery for Champsocephalus gunnari in Statistical
Division 58.5.2 in the 2008/09 season
(Species: icefish; Area: 58.5.2; Season: 2008/09; Gear: trawl)

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;
(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;
(vi) Then southwesterly along the geodesic to the point of
commencement.
3. A chart illustrating the above definition is appended to this
conservation measure (Annex 42-02/A). 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 2008/09 season shall be limited to
102 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 the specified minimum legal 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. The minimum legal total length shall be 240 mm.
Season 6. For the purpose of the trawl fishery for Champsocephalus
gunnari in Statistical Division 58.5.2, the 2008/09 season is defined
as the period from 1 December 2008 to 30 November 2009, 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.
Mitigation 8. The operation of this fishery shall be carried out in
accordance with Conservation Measure 25-03 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 2008/09 season, the following shall apply:
(i) The Ten-day Catch and Effort Reporting System set out in Annex
42-02/B;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Annex 42-02/B. Fine-scale data shall be submitted on a haul-by-
haul basis.
11. For the purpose of Annex 42-02/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, shall be collected and recorded. Such data shall be
reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Environmental protection 13. Conservation Measure 26-01 applies.

Annexes 42-02/A and 42-02/B are unchanged

Conservation Measure 51-01 (2008)

Precautionary catch limitations on Euphausia superba in Statistical
Subareas 48.1, 48.2, 48.3, and 48.4
(Species: krill; Area: 48.1. 48.2, 48.3, 48.4; Season: all; Gear: all)
The Commission,

Noting that it has agreed (CCAMLR-XIX, paragraph 10.11) that the
krill catches in Statistical Subareas 48.1, 48.2, 48.3 and 48.4 shall
not exceed a set level, defined herein as a trigger level, until a
procedure for division of the overall catch limit into smaller
management units has been established, and that the Scientific
Committee has been directed to provide advice on such a subdivision,
Recognising that the Scientific Committee agreed a trigger level of
620 000 tonnes, adopts the following measure in accordance with Article
IX of its Convention:
Access 1. The fishery for Euphausia superba in Statistical Subareas
48.1, 48.2, 48.3 and 48.4 shall be conducted by vessels using fishing
methods listed in Conservation Measure 21-03, Annex A only.
Catch limit 2. The total combined catch of Euphausia superba in
Statistical Subareas 48.1, 48.2, 48.3 and 48.4 shall be limited to 3.47
million tonnes in any fishing season.
Trigger level 3. Until the Commission has defined an allocation of
this total catch limit between smaller management units,\1\ based on
the advice from the Scientific Committee, the total combined catch in
Statistical Subareas 48.1, 48.2, 48.3 and 48.4 shall be further limited
to 620 000 tonnes in any fishing season.
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.
Mitigation 6. The operation of this fishery shall be carried out in
accordance with Conservation Measure 25-03 so as to minimise the
incidental mortality of seabirds in the course of fishing.
7. The use of marine mammal exclusion devices on trawls is
mandatory.

[[Page 7159]]

Data 8. For the purpose of implementing this conservation measure,
the data requirements set out in Conservation Measure 23-06 shall
apply.
Environmental protection 9. Conservation Measure 26-01 applies.

\1\ Defined in CCAMLR-XXI, paragraph 4.5.

Conservation Measure 51-02 (2008)

Precautionary catch limitation on Euphausia superba in Statistical
Division 58.4.1
(Species: krill; Area: 58.4.1; Season: all; Gear: trawl)

Access 1. The fishery for Euphausia superba in Statistical Division
58.4.1 shall be conducted by vessels using fishing methods listed in
Conservation Measure 21-03, Annex A only.
Catch limit 2. The total catch of Euphausia superba in Statistical
Division 58.4.1 shall be limited to 440 000 tonnes in any fishing
season.
3. 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.
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 the following year.
Mitigation 6. The operation of this fishery shall be carried out in
accordance with Conservation Measure 25-03 so as to minimise the
incidental mortality of seabirds in the course of fishing.
7. The use of marine mammal exclusion devices on trawls is
mandatory.
Data 8. For the purposes of implementing this conservation measure,
the data requirements set out in Conservation Measure 23-06 shall
apply.
Environmental protection 9. Conservation Measure 26-01 applies.

Conservation Measure 51-03 (2008)

Precautionary catch limitation on Euphausia superba in Statistical
Division 58.4.2
(Species: krill; Area: 58.4.2; Season: all; Gear: trawl)

Access 1. The fishery for Euphausia superba in Statistical Division
58.4.2 shall be conducted by vessels using fishing methods listed in
Conservation Measure 21-03, Annex A only.
Catch limit 2. The total catch of Euphausia superba in Statistical
Division 58.4.2 shall be limited to 2.645 million tonnes in any fishing
season.
3. The total catch limit shall be further subdivided into two
subdivisions within Statistical Division 58.4.2 as follows: west of
55[deg] E, 1.448 million tonnes; and east of 55[deg] E, 1.080 million
tonnes.
Trigger level \1\ 4. Until the Commission has defined an allocation
of this total catch limit between smaller management units, as the
Scientific Committee may advise, the total catch in Division 58.4.2
shall be limited to 260 000 tonnes west of 55[deg] E and 192 000 tonnes
east of 55[deg] E in any fishing season.
5. This measure shall be kept under review by the Commission,
taking into account the advice of the Scientific Committee.
Season 6. A fishing season begins on 1 December and finishes on 30
November of the following year.
Mitigation 7. The operation of this fishery shall be carried out in
accordance with Conservation Measure 25-03 so as to minimise the
incidental mortality of seabirds in the course of fishing.
8. The use of marine mammal exclusion devices on trawls is
mandatory.
Observers 9. Each vessel participating in the fishery shall have at
least one scientific observer in accordance with the CCAMLR Scheme of
International Scientific Observation or a domestic scientific observer
fulfilling the requests in the scheme, and where possible one
additional scientific observer, on board throughout all fishing
activities within the fishing period.\2\
Data 10. For the purposes of implementing this conservation
measure, the data requirements set out in Conservation Measure 23-06
shall apply.
Environmental protection 11. Conservation Measure 26-01 applies.

\1\ A trigger level is a set level that the catch shall not
exceed until a procedure for the division of the overall catch limit
into smaller management units, upon which the Scientific Committee
has been directed to provide advice, has been established.
\2\ Bearing in mind the limited ecological information from
research and fisheries observers in Statistical Division 58.4.2
compared to Statistical Area 48, the Commission recognised the need
to collect scientific data from the fishery. This paragraph applies
only to the krill fishery in Statistical Division 58.4.2 and shall
be revised depending on the advice of the Scientific Committee on a
systematic scheme for scientific observation in the krill fishery or
reviewed within three years, whichever comes earlier.

Conservation Measure 51-04 (2008)

General measure for exploratory fisheries for Euphausia superba in the
Convention Area in the 2008/09 season
(Species: krill; Area: various; Season: 2008/09; Gear: various)
The Commission hereby adopts the following conservation measure:

1. This conservation measure applies to exploratory fisheries for
Antarctic krill (Euphausia superba) except for such fisheries where the
Commission has given specific exemptions, and only to the extent of
those exemptions.
2. Fishing in any statistical subarea or division shall cease when
the reported catch reaches the specified catch limit \1\ and that
subarea or division shall be closed to fishing for the remainder of the
season. No more than 75% of the catch limit shall be taken within 60 n
miles of known breeding colonies of land-based krill-dependent
predators.
3. In order to give effect to paragraph 2 above:
(i) The precise geographic position of a trawl haul will be
determined by the midpoint of the path between the start point and end
point of the haul for the purposes of catch and effort reporting;
(ii) For the purposes of this conservation measure, fishing is
defined as any time that fishing gear, conventional trawls, pumped
codends, and continuous pumping gear are in the water;
(iii) The Secretariat shall notify Contracting Parties
participating in these fisheries when the total catch of Euphausia
superba combined in any statistical subarea or division is likely to
reach the specified catch limit, and of the closure of that subarea or
division when that limit is reached.\2\ No part of a trawl path may lie
within a closed subarea or division.
4. The total green weight of krill caught and lost shall be
reported.
5. Each vessel participating in the exploratory fisheries for krill
during the 2008/09 season shall have one 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 season.
6. The Data Collection Plan (Annex 51-04/A) and Research Plan
(Annex 51-04/B) shall be implemented. Data collected pursuant to the
Data Collection and Research Plans for the period up to 1 May 2009
shall be reported to CCAMLR by 1 June 2009 so that the data will be
available to the meeting of the Working Group on

[[Page 7160]]

Ecosystem Monitoring and Management (WG-EMM) in 2009. Such data taken
after 1 June 2009 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 the Scientific Committee.
7. Contracting Parties who choose not to participate in the fishery
prior to the commencement of the fishery shall inform CCAMLR of changes
in their plans no later than one month before the start of the fishery.
If, for whatever reason, Contracting Parties are unable to participate
in the fishery, they shall inform CCAMLR 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\ Unless otherwise specified, the catch limit for krill shall
be 15 000 tonnes in any statistical subarea or division.
\2\ The closure of fisheries is governed by Conservation Measure
31-02.

Annex 51-04/A

Data Collection Plans for Exploratory Krill Fisheries

1. During normal fishing operations, all vessels will comply with
the Ten-day Catch and Effort Reporting System (Conservation Measure 23-
02) and the Monthly Fine-scale Catch, Effort and Biological Data
Reporting Systems (Conservation Measures 23-04 and 23-05), including
requirements for the provision of haul-by-haul data.
2. During normal fishing operations, all data required by the
CCAMLR Scientific Observers Manual for krill fisheries will be
collected.
3. Detailed information on the configuration of every commercial
trawl used during normal fishing operations and every research net used
during required research operations will be reported to CCAMLR no later
than one month after the conclusion of each fishing trip.
4. Data collected from research net hauls shall include:
(i) The start and end positions and times of the haul;
(ii) The date on which the haul was conducted;
(iii) Characteristics of the haul such as tow speed, the maximum
amount of wire payed out during a tow, the average wire angle during
the tow, and calibrated flow-meter values that can be used to provide
accurate measures of volume filtered;
(iv) An estimate of the total catch (in numbers or weight) of
krill; and
(v) A random sample of up to 200 krill or the entire catch,
whichever is less, to be taken from the haul by the observer--the
length, sex and maturity stage should be measured and recorded for all
krill according to protocols in the CCAMLR Scientific Observers Manual.
5. At a minimum, data collected from acoustic transects shall:
(i) As far as possible, be recorded following protocols specified
for the CCAMLR-2000 Survey;
(ii) Be linked to position data recorded from a GPS;
(iii) Be continuously recorded and then electronically archived
every five days or whenever the vessel moves between exploratory units,
which ever occurs most frequently.
6. Data collected during research operations conducted by fishing
vessels shall be reported to CCAMLR no later than one month after the
conclusion of each fishing trip.
7. Data collected by Contracting Parties conducting fishery-
independent research operations shall, as applicable, be submitted to
CCAMLR following guidelines for the submission of CEMP data and data
collected during the CCAMLR-2000 Survey. These data shall be submitted
in sufficient time to be considered by the next meeting of WG-EMM.

Annex 51-04/B

Research Plans for Exploratory Krill Fisheries

1. Activities under this Research Plan shall not be exempted from
any conservation measure in force.
2. This plan applies to all statistical subarea or divisions.
3. A schematic representation of the plans described herein is
provided in Figure 1.
4. Contracting Parties intending to conduct exploratory krill
fisheries shall choose one of the following four Research and Data
Collection Plans and advise CCAMLR of their choice at least one month
prior to initiating any fishing activities.
(i) Predator monitoring
(ii) A research survey conducted from a scientific vessel
(iii) Acoustic transects by fishing vessels, or
(iv) Research trawls by fishing vessels.
5. In cases where Contracting Parties select plan (i), predator
monitoring, from the list in paragraph 4 above, those Parties shall, as
far as possible, follow CEMP Standard Methods. Monitoring shall be
conducted for a period of time sufficient both to cover the entire
breeding period of land-based predators and to cover the duration of
any exploratory fishing that occurs during their breeding season.
6. In cases where Contracting Parties select plan (ii), research
survey conducted from a scientific vessel, from the list in paragraph 4
above, Contracting Parties shall, as far as possible, follow all data
collection and analysis protocols specified for the CCAMLR-2000 Survey.
7. In cases where Contracting Parties select plans (iii) acoustic
transects by fishing vessels, or (iv) research trawls by fishing
vessels, from the list in paragraph 4 above, vessels participating in
exploratory krill fisheries shall first conduct normal exploratory
fishing operations and then conduct additional research requirements.
Vessels will conduct normal fishing operations until they voluntarily
decide to stop fishing for the season or until the catch limit for the
exploratory fishery is reached. Vessels will then complete all required
research operations. The research requirements must be completed within
a fishing season.
8. For the purposes of this conservation measure, exploratory units
are defined as areas of 1[deg] latitude by 1[deg] longitude size, and
the vertices of these units shall occur at integer points of latitude
and longitude within statistical subarea or divisions.
9. During normal exploratory fishing operations, vessels can choose
to fish in any exploratory unit, however one set of acoustic transects
or one set of research hauls must be conducted in each exploratory unit
visited during normal fishing operations.
10. Plans (iii) acoustic transects by fishing vessels, and (iv)
research trawls by fishing vessels, from the list in paragraph 4 above
shall be conducted as follows:
(i) Upon completion (either voluntarily or if the catch limit has
been reached) of normal exploratory fishing operations, the vessel will
transit to the nearest previously unvisited exploratory unit and begin
research operations;
(ii) The vessel will determine how many previously unvisited
exploratory units must be surveyed during research operations by
dividing the catch obtained during normal exploratory fishing
operations by 2,000 tonnes and rounding that number to the nearest
integer;
(iii) The vessel will then select a number of exploratory units
equal to the number of units determined by the calculation in item (ii)
above and conduct one set of acoustic transects or one set of research
hauls in each of these units;
(iv) Exploratory units visited during research operations must not
have been visited during normal exploratory fishing operations;

[[Page 7161]]

(v) The survey will be conducted in a way that ensures the
exploratory units visited during research operations will surround the
units in which normal exploratory fishing operations previously
occurred.
11. Research hauls shall be conducted with nekton trawls commonly
used in scientific research (e.g., IKMT or RMT type nets) that have 4-5
mm mesh, including the codend. Every research haul shall be a randomly
located, oblique haul made to a depth of 200 m or 25 m above the bottom
(whichever is less) with a duration of 0.5 h. A set of research hauls
is defined as three research hauls separated by a minimum of 10 n
miles.
12. Acoustic transects shall be conducted using a scientific-
quality echosounder collecting information at 120 kHz. The echosounder
should be calibrated. Every acoustic transect shall be a randomly
located, continuous path travelled at constant speed of 10 knots or
less and in a constant direction. The minimum distance between the
start and end points of a transect shall be 30 n miles, and a set of
acoustic transects is defined as two transects separated by at least 10
n miles.
13. All acoustic transects, both during normal exploratory fishing
operations and research operations, shall be accompanied by at least
one net haul. These hauls can be conducted either with commercial
trawls or with research trawls. Trawls that accompany acoustic
transects can be conducted during the transect or immediately after the
completion of the transect. In the latter case, the trawl shall be
conducted along a previous segment of the transect line. Trawls that
accompany acoustic transects shall be at least 0.5 h in duration, or
sufficient time to achieve a representative sample, and the data
collected from these hauls shall be the same as those required for
research hauls.
[GRAPHIC] [TIFF OMITTED] TN12FE09.014

Conservation Measure 51-05 (2008)

Limits on the exploratory fishery for Euphausia superba in Statistical
Subarea 48.6 in the 2008/09 season
(Species: krill; Area: 48.6; Season: 2008/09; Gear: trawl)
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-02, and notes that this measure
would be for one year and that data arising from these activities would
be reviewed by the Scientific Committee:

Access 1. Fishing for Euphausia superba in Statistical Subarea 48.6
shall be limited to the exploratory trawl fishery by Norway. The
fishery shall be conducted by one (1) Norwegian flagged

[[Page 7162]]

vessel using one of the fishing techniques in Annex 21-03/A.
Catch limit 2. The total catch of Euphausia superba in Statistical
Subarea 48.6 in the 2008/09 season shall not exceed a precautionary
catch limit of 15 000 tonnes, of which no more than 11 250 tonnes shall
be taken from areas within 60 n miles of known breeding colonies of
land-based krill-dependent predators.
Season 3. For the purpose of the exploratory fishery for Euphausia
superba in Statistical Subarea 48.6, the 2008/09 season is defined as
the period from 1 December 2008 to 30 November 2009.
Mitigation 4. The exploratory fishery for Euphausia superba in
Statistical Subarea 48.6 shall be carried out in accordance with the
provisions of Conservation Measure 25-03 so as to minimise the
incidental mortality of seabirds in the course of fishing.
5. The use of marine mammal exclusion devices on trawls is
mandatory.
Observers 6. The vessel participating in the fishery shall have one
observer appointed in accordance with the CCAMLR Scheme of
International Scientific Observation, and where possible an additional
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 2008/09 season, the following shall apply:
(i) The Ten-day Catch and Effort Reporting System set out in
Conservation Measure 23-02;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
8. For the purpose of Conservation Measures 23-01 and 23-04, the
target species is Euphausia superba and by-catch species are defined as
any species other than Euphausia superba.
Data: Biological 9. Fine-scale biological data, as required under
Conservation Measure 23-05, shall be collected and recorded. Such data
shall be reported in accordance with the CCAMLR 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 51-04.
Environmental protection 11. Conservation Measure 26-01 applies.
12. There shall be no offal discharge in this fishery.

Conservation Measure 52-01 (2008)

Limits on the fishery for crab in Statistical Subarea 48.3 in the 2008/
09 season
(Species: crab; Area: 48.3; Season: 2008/09; Gear: pot)
The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 31-01:

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 Fishery Operation Plans 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 2008/09 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 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 2008/09 season is defined as the period
from 1 December 2008 to 30 November 2009, 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 2008/09 season, the following shall apply:
(i) The Ten-day Catch and Effort Reporting System set out in
Conservation Measure 23-02;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
10. For the purpose of Conservation Measures 23-02 and 23-04 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, shall be collected and recorded. Such data
shall be reported in accordance with the CCAMLR 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 and the experimental harvest
regime described in Annex 52-01/B. Data collected for the period up to
31 August 2009 shall be reported to CCAMLR by 30 September 2009 so that
the data will be available to the meeting of the Working Group on Fish
Stock Assessment (WG-FSA) in 2009. Such data collected after 31 August
2009 shall be reported to CCAMLR not later than three months after the
closure of the fishery.
Environmental protection 13. Conservation Measure 26-01 applies.

Annex 52-01/A

Data Requirements

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.

[[Page 7163]]

[GRAPHIC] [TIFF OMITTED] TN12FE09.015

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.

Annex 52-01/B

Experimental Harvest Regime

This annex applies to all crab fishing within Statistical Subarea 48.3.
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 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 12 blocks of 0.5[deg] latitude by 1.0[deg] longitude. For
the purposes of this conservation measure, these blocks shall be
numbered A to L. In Annex 52-01/C, the blocks are illustrated (Figure
1), and the geographic position is denoted by the coordinates of the
northeast corner of the block. 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 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;
(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 2009 shall be submitted to CCAMLR by 31 August 2009.
3. Vessels that complete the experimental harvest regime shall not
be required to conduct experimental fishing in future seasons.
4. Fishing vessels shall participate in the experimental harvest
regime independently (i.e. vessels may not cooperate to complete phases
of the experiment).
5. 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.
6. All vessels participating in the experimental harvest regime
shall carry at least one scientific observer, appointed in accordance
with the CCAMLR Scheme of International Scientific Observation, on
board during all fishing activities.

[[Page 7164]]

[GRAPHIC] [TIFF OMITTED] TN12FE09.016

Conservation Measure 52-02 (2008)

Limits on the exploratory fishery for crab in Statistical Subarea 48.2
in the 2008/09 season
(Species: Crab; Area: 48.2; Season: 2008/09; Gear: pot)

The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-01, and notes that this measure
would be for one year and that data arising from these activities would
be reviewed by the Scientific Committee:
Access 1. The fishery for crab in Statistical Subarea 48.2 shall be
conducted by vessels using pots only. The crab fishery is defined as
any harvest activity in which the target species is any member of the
crab group (Order Decapoda, Suborder Reptantia). The fishery in the
2008/09 season shall be conducted by one (1) Russian flagged vessel
using pots only.
2. The crab fishery shall be limited to one vessel per Member.
Catch limit 3. The total catch of crab in Statistical Subarea 48.2
in the 2008/09 season shall not exceed a precautionary catch limit of
250 tonnes.
4. 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 and 90 mm respectively, may
be retained in the catch.
Season 5. For the purpose of the pot fishery for crab in
Statistical Subarea 48.2, the 2008/09 season is defined as the period
from 1 December 2008 to 30 November 2009, or until the catch limit is
reached, whichever is sooner.
By-catch 6. All by-catch of finfish shall be recorded for length,
identified to species and then released to the sea with the least
possible handling. Before release, all live specimens of Dissostichus
spp. shall be measured and tagged. Full biological data shall be taken
from all dead finfish by-catch. A total by-catch limit of 0.5 tonnes
shall apply for all dead finfish.
Observers 7. 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 8. For the purpose of implementing this
conservation measure in the 2008/09 season, the following shall apply:
(i) The Ten-day Catch and Effort Reporting System set out in
Conservation Measure 23-02;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
9. For the purpose of Conservation Measures 23-02 and 23-04 the
target species is crab and by-catch species are defined as any species
other than crab.
Data: Biological 10. Fine-scale biological data, as required under
Conservation Measure 23-05, shall be collected and recorded. Such data
shall

[[Page 7165]]

be reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Research 11. Each vessel participating in this exploratory fishery
shall conduct fishery-based research in accordance with the data
requirements described in Annex 52-02/A and the experimental harvest
regime described in Annex 52-02/B. Data collected for the period up to
31 August 2009 shall be reported to CCAMLR by 30 September 2009 so that
the data will be available to the meeting of the Working Group on Fish
Stock Assessment (WG-FSA) in 2009. Such data collected after 31 August
2009 shall be reported to CCAMLR not later than three months after the
closure of the fishery.
Environmental protection 12. Conservation Measure 26-01 applies.
13. Conservation Measures 22-06 and 22-07 apply.

Annex 52-02/A

Data Requirements

Catch and Effort Data

Biological Data

Annex 52-02/B

Experimental Harvest Regime

This annex applies to all crab fishing within Statistical Subarea
48.2. Every vessel participating in the crab fishery in Statistical
Subarea 48.2 shall conduct fishing operations in accordance with an
experimental harvest regime as outlined below:
1. Vessels shall conduct the experimental harvest regime 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 12 blocks of 0.5[deg] latitude by 1.0[deg] longitude. For
the purposes of this conservation measure, these blocks shall be
numbered A to L. In Annex 52-02/C, the blocks are illustrated (Figure
1), and the geographic position is denoted by the coordinates of the
northeast corner of the block. 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 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;
(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 2009 shall be submitted to CCAMLR by 31 August 2009.
3. Vessels that complete the experimental harvest regime shall not
be required to conduct experimental fishing in future seasons.
4. Fishing vessels shall participate in the experimental harvest
regime independently (i.e., vessels may not cooperate to complete
phases of the experiment).
5. 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.
6. All vessels participating in the experimental harvest regime
shall carry

[[Page 7166]]

at least one scientific observer, appointed in accordance with the
CCAMLR Scheme of International Scientific Observation, on board during
all fishing activities.
[GRAPHIC] [TIFF OMITTED] TN12FE09.018

Conservation Measure 52-03 (2008)

Limits on the exploratory fishery for crab in Statistical Subarea 48.4
in the 2008/09 season
(Species: crab; Area: 48.4; Season: 2008/09; Gear: pot)

The Commission hereby adopts the following conservation measure in
accordance with Conservation Measure 21-01, and notes that this measure
would be for one year and that data arising from these activities would
be reviewed by the Scientific Committee:
Access 1. The fishery for crab in Statistical Subarea 48.4 shall be
conducted by vessels using pots only. The crab fishery is defined as
any harvest activity in which the target species is any member of the
crab group (Order Decapoda, Suborder Reptantia). The fishery in the
2008/09 season shall be conducted by one (1) Russian flagged vessels
using pots only.
2. The crab fishery shall be limited to one vessel per Member.
Catch limit 3. The total catch of crab in Statistical Subarea 48.4
in the 2008/09 season shall not exceed a precautionary catch limit of
10 tonnes.
4. 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 and 90 mm, respectively, may
be retained in the catch.
Season 5. For the purpose of the pot fishery for crab in
Statistical Subarea 48.2, the 2008/09 season is defined as the period
from 1 December 2008 to 30 November 2009, or until the catch limit is
reached, whichever is sooner.
By-catch 6. All by-catch of finfish shall be recorded for length,
identified to species and then released to the sea with the least
possible handling. Before release, all live specimens of Dissostichus
spp. shall be measured and tagged. Full biological data shall be taken
from all dead finfish by-catch. A total by-catch limit of 0.5 tonnes
shall apply for all dead finfish.
Observers 7. 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 8. For the purpose of implementing this
conservation measure in the 2008/09 season, the following shall apply:

[[Page 7167]]

(i) The Five-day Catch and Effort Reporting System set out in
Conservation Measure 23-01;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale data shall be submitted
on a haul-by-haul basis.
9. For the purpose of Conservation Measures 23-02 and 23-04 the
target species is crab and by-catch species are defined as any species
other than crab.
Data: Biological 10. Fine-scale biological data, as required under
Conservation Measure 23-05, shall be collected and recorded. Such data
shall be reported in accordance with the CCAMLR Scheme of International
Scientific Observation.
Research 11. Each vessel participating in this exploratory fishery
shall conduct fishery-based research in accordance with the data
requirements described in Annex 52-03/A and the experimental harvest
regime described in Annex 52-03/B. Data collected for the period up to
31 August 2009 shall be reported to CCAMLR by 30 September 2009 so that
the data will be available to the meeting of the Working Group on Fish
Stock Assessment (WG-FSA) in 2009. Such data collected after 31 August
2009 shall be reported to CCAMLR not later than three months after the
closure of the fishery.
Environmental protection 12. Conservation Measure 26-01 applies.

Annex 52-03/A

Data Requirements

Catch and Effort Data

Biological Data

Annex 52-03/B

Experimental Harvest Regime

The following annex applies to all crab fishing within Statistical
Subarea 48.4. Every vessel participating in the crab fishery in
Statistical Subarea 48.4 shall conduct fishing operations in accordance
with an experimental harvest regime as outlined below:
1. Vessels shall conduct the experimental harvest regime 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 30,000 pot hours of effort within a total area
delineated by seven blocks distributed amongst seven island groups. For
the purposes of this conservation measure, these blocks shall be
numbered A to G. In Annex 52-03/C, the blocks are illustrated (Figure
1). 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
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
seven blocks prior to completing the experimental harvesting regime;
(iii) Vessels shall not expend more than 4 500 pot hours in any
single island group;
(iv) If a vessel returns to port before it has expended 30 000 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;
(v) After completing 30 000 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 2009 shall be submitted to CCAMLR by 31 August 2009.
3. Vessels that complete the experimental harvest regime shall not
be required to conduct experimental fishing in future seasons.
4. Fishing vessels shall participate in the experimental harvest
regime independently (i.e. vessels may not

[[Page 7168]]

cooperate to complete phases of the experiment).
5. 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.
6. All vessels participating in the experimental harvest regime
shall carry at least one scientific observer, appointed in accordance
with the CCAMLR Scheme of International Scientific Observation, on
board during all fishing activities.
[GRAPHIC] [TIFF OMITTED] TN12FE09.020

Conservation Measure 61-01 (2008)

Limits on the exploratory fishery for Martialia hyadesi in Statistical
Subarea 48.3 in the 2008/09 season
(Species: squid; Area: 48.3; Season: 2008/09; Gear: jig)

The Commission hereby adopts the following conservation measure in
accordance with Conservation Measures 21-02 and 31-01:
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 2008/09 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 2008/09 season is
defined as the period from 1 December 2008 to 30 November 2009, 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 2008/09 season, the following shall apply:
(i) The Ten-day Catch and Effort Reporting System set out in
Conservation Measure 23-02;
(ii) The Monthly Fine-scale Catch and Effort Reporting System set
out in Conservation Measure 23-04. Fine-scale

[[Page 7169]]

data shall be submitted on a haul-by-haul basis.
6. For the purpose of Conservation Measures 23-02 and 23-04, 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, shall be collected and recorded. Such data
shall be reported in accordance with the CCAMLR 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. Data collected pursuant to the plan for the
period up to 31 August 2009 shall be reported to CCAMLR by 30 September
2009.
Environmental protection 9. Conservation Measure 26-01 applies.
ANNEX 61-01/a is unchanged

Resolution 27/XXVII

Use of a specific tariff classification for Antarctic krill (applies to
krill in all areas in all seasons but only for trawl gear)

The Commission,
Recognising the importance of krill within the Antarctic ecosystem,
Mindful of the continuing increase in krill notifications received
by the CCAMLR Secretariat and the potential for krill catch rates in
the CAMLR Convention Area to also increase,
Noting the increased demand for krill products on the final
destination markets,
Reaffirming the importance of continuing the orderly development of
the Antarctic krill fishery to ensure that the expanding fishery
remains consistent with the objectives of the Convention,

urges the Contracting Parties,

To introduce into their domestic law, and use accordingly, an
appropriate tariff classification in order to improve knowledge of the
volume and trade of Antarctic krill.

Resolution 28/XXVII

Ballast water exchange in the Convention Area (applies to all species
in all areas in all seasons for all gear)

The Commission,
Affirming that CCAMLR was established to conserve the marine living
resources of the Antarctic marine ecosystem,
Aware of the potential for invasive marine organisms to be
transported into or moved between biologically distinct regions within
the Convention Area by ships in their ballast water,
Recalling the requirements of Annex II to the Protocol on
Environmental Protection to the Antarctic Treaty regarding conservation
of Antarctic fauna and flora and in particular of the precautions taken
to prevent the introduction of non-native species,
Conscious that the International Convention for the Control and
Management of Ships' Ballast Waters and Sediments, 2004 (IMO Ballast
Water Management Convention), has yet to enter into force, but noting
in particular its Article 13, which provides that in order to further
the objectives of the Convention, Parties with common interests to
protect the environment * * * in a given geographical area * * * shall
endeavourn * * * to enhance regional cooperation, including through the
conclusion of regional agreements consistent with the Ballast Water
Management Convention,
Recalling also Resolution 3(2006) adopted by the Antarctic Treaty
Consultative Meeting, and Resolution MEPC.163(56) adopted by the
International Maritime Organisation, which adopted Guidelines for
Ballast Water Exchange in the Antarctic Treaty Area,
Desiring to extend the application of the above mentioned
guidelines to the whole of the CAMLR Convention Area,
1. Urges all Contracting Parties and non-Contracting Parties
cooperating with CCAMLR to take particular measures to apply the
existing IMO Guidelines for Ballast Water Exchange in the Antarctic
Treaty Area, and also the Guidelines for Ballast Water Exchange in the
CAMLR Convention Area north of 60[deg] S, as set out in the annex to
this resolution, as an interim measure to all ships engaged in
harvesting and associated activities in the CAMLR Convention Area,
before the Ballast Water Management Convention comes into force.
2. Furthermore, urges all Contracting Parties and non-Contracting
Parties cooperating with CCAMLR to take action to develop effective
treatment for ballast water.

Annex

Guidelines for Ballast Water Exchange in the CAMLR Convention Area
North of 60[deg] S \1\

1. The application of these Guidelines should apply to those
vessels covered by Article 3 of the IMO's International Convention for
the Control and Management of Ships' Ballast Water and Sediments (the
Ballast Water Management Convention), taking into account the
exceptions in Regulation A-3 of the Convention, which are engaged in
harvesting and associated activities in the CAMLR Convention Area (as
set out in Article II.3 of the Convention). These Guidelines do not
replace the requirements of the Ballast Water Management Convention,
but supplement the interim Ballast Water Regional Management Plan for
Antarctica under Article 13(3), which has been adopted in ATCM
Resolution 3 (2006) and IMO Resolution MEPC.163(56).
2. If the safety of the ship is in any way jeopardised by a ballast
exchange, it shall not take place. Additionally these guidelines shall
not apply to the uptake or discharge of ballast water and sediments for
ensuring the safety of the ship in emergency situations or saving life
at sea in the CAMLR Convention Area.
3. A Ballast Water Management Plan should be prepared for each
vessel with ballast tanks entering the Convention Area, specifically
taking into account the problems of ballast water exchange in cold
environments and in Antarctic conditions.
4. Each vessel entering the Convention Area should keep a record of
ballast water operations.
5. Vessels are strongly encouraged to not discharge any ballast
water in the Convention Area.
6. For vessels intending to discharge ballast water within the
Convention Area, ballast water should first be exchanged before arrival
in the Convention Area (preferably north of either the Antarctic Polar
Frontal Zone or 60[deg] S, whichever is the furthest north) and at
least 200 n miles from the nearest land in water 200 m deep. (If this
is not possible for operational reasons then such exchange should be
undertaken in waters 50 n miles from the nearest land in waters of 200
m depth.)
7. Only those tanks that will be discharged in the Convention Area
would need to undergo ballast water exchange following the procedure in
paragraph 6. Ballast Water Exchange of all tanks is encouraged for all
vessels that have the potential/capacity to load cargo in the
Convention Area, as Antarctic voyages are renowned for their changes to
planned routes and activities.
8. If a vessel has taken on ballast water in the Convention Area
and is intending to discharge ballast water in Arctic, sub-Arctic, or
sub-Antarctic waters, it is recommended that ballast water should be
exchanged north of the Antarctic Polar Frontal Zone, and at least 200 n
miles from the nearest land

[[Page 7170]]

in water at least 200 m deep. (If this is not possible for operational
reasons then such exchange should be undertaken in waters 50 n miles
from the nearest land in waters of 200 m depth).
9. Release of sediments during the cleaning of ballast tanks should
not take place in the Convention Area.
10. For vessels that have spent significant time in the Arctic,
ballast water sediment should preferably be discharged and tanks
cleaned before entering the Convention Area. If this cannot be done
then sediment accumulation in ballast tanks should be monitored and
sediment should be disposed of in accordance with the ship's Ballast
Water Management Plan. If sediments are disposed of at sea, then they
should be disposed of in waters greater than 200 n miles from the
shoreline in waters 200 m deep.
11. CCAMLR Members are invited to exchange information on invasive
marine species or anything that will change the perceived risk
associated with ballast waters.

\1\ ATCM Resolution 3(2006) and IMO Resolution MEPC.163(56) set
out identical practical guidelines for all vessels operating in the
Antarctic Treaty Area (i.e. south of 60[deg] S).

Dated: February 2, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
Dated: February 2, 2009.
Margaret F. Hayes,
Director, Office of Ocean Affairs, Department of State.
[FR Doc. E9-2516 Filed 2-11-09; 8:45 am]
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