[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Notices]
[Pages 4068-4146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-266]



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Part II





Department of State





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

Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / 
Notices

[[Page 4068]]


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DEPARTMENT OF STATE

[I.D. 121306C]


Office of Ocean Affairs; New Conservation and Management Measures 
and Resolutions for Antarctic Marine Living Resources Under the 
Auspices of CCAMLR

AGENCY: Office of Ocean Affairs, Department of State.

ACTION: Notice.

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SUMMARY: At its Twenty-Fifth Meeting in Hobart, Tasmania, from October 
23 to November 3, 2006, 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. Measures adopted restrict overall catches of 
certain species of fish and crabs, restrict fishing in certain areas, 
specify implementation and inspection obligations supporting the Catch 
Documentation Scheme of Contracting Parties, and promote compliance 
with CCAMLR measures by non-Contracting Party vessels. This notice 
includes the full text of the conservation measures adopted at the 
Twenty-Fifth meeting of CCAMLR. For all of the conservation measures in 
force, see the CCAMLR Web site at 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 February 28, 2007.

FOR FURTHER INFORMATION CONTACT: Dr. Gustavo A. Bisbal, Office of Ocean 
Affairs (OES/OA), Room 2665, Department of State, Washington, DC 20520; 
tel: 202-647-6927; fax: 202-647-1106; e-mail: <a href="/cdn-cgi/l/email-protection#1c7e756f7e7d707b7d5c6f687d6879327b736a"><span class="__cf_email__" data-cfemail="accec5dfcecdc0cbcdecdfd8cdd8c982cbc3da">[email protected]</span></a>.

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 
Conventional area and contain the text of CCAMLR Conservation Measures 
that are not expected to change from year to year. The regulations in 
Subparts A and G include sections on: Purpose and scope; Definitions; 
Relationship to other treaties, conventions, laws and regulations; 
Procedure for according protection to CCAMLR Ecosystem Monitoring 
Program Sites; Scientific Research; Initiating a new fishery; 
Exploratory fisheries; Reporting and record keeping requirements; 
Vessel and gear identification; Gear disposal; Mesh Size; Harvesting 
permits; Import permits; Appointment of a designated representative; 
Prohibitions; Facilitation of enforcement and inspection; and 
Penalties.
    Review of existing conservation measures and resolutions:
    The Commission noted that the following conservation measures will 
lapse on 30 November 2006: 32-09 (2005), 33-02 (2005), 33-03 (2005), 
41-01 (2005), 41-02 (2005), 41-04 (2005), 41-05 (2005), 41-06 (2005), 
41-07 (2005), 41-08 (2005), 41-09 (2005), 41-10 (2005), 41-11 (2005), 
42-02 (2005), 52-01 (2005), 52-02 (2005) and 61-01 (2005). Conservation 
Measure 42-01 (2005) will lapse on 14 November 2006. All of these 
conservation measures dealt with general fishery matters for the 2005/
06 season.
    The Commission agreed that Conservation Measure 25-01 (1996) and 
Resolution 24/XXIV be rescinded.
    The following conservation measures and resolutions will remain in 
force in 2006/07:
    Compliance: 10-01 (1998) and 10-03 (2005).
    General fishery matters: 22-01 (1986), 22-02 (1984), 22-03 (1990), 
23-01 (2005), 23-02 (1993), 23-03 (1991), 23-04 (2000), 23-05 (2000), 
23-06 (2005), 24-01 (2005), 24-02 (2005), 25-02 (2005) and 25-03 
(2003).
    Fishery regulations: 31-01 (1986), 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) and 33-01 (1995).
    Protected areas: 91-01 (2004), 91-02 (2004) and 91-03 (2004).
    Resolutions: 7/IX, 10/XII, 14/XIX, 15/XXII, 16/XIX, 17/XX, 18/XXI, 
19/XXI, 20/XXII, 21/XXIII and 23/XXIII.
    The Commission revised the following conservation measures and 
resolution:
    Compliance: 10-02 (2004), 10-04 (2005), 10-05 (2005), 10-06 (2005) 
and 10-07 (2005). The Commission also revised the Text of the CCAMLR 
System of Inspection.
    General fishery matters: 21-01 (2002) and 21-02 (2005).
    Fishery regulations: 41-03 (2005), 51-01 (2002), 51-02 (2002) and 
51-03 (2002).
Resolution: 22/XXV
    In addition, the Commission adopted 24 new measures and one new 
resolution.
    For further information, see the CCAMLR web site at www.ccamlr.org 
under Publications for the Schedule of Conservation Measures in Force 
(2006/2007), 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-XXV

Conservation Measure 10-01 (1998) \1\

Marking of fishing vessels and fishing gear
(Species: all; Area: all; Season: all; Gear: all)

    The Commission hereby adopts the following conservation measure in 
accordance with Article IX of the Convention:
    1. All Contracting Parties shall ensure that their fishing vessels 
licensed \2\ in accordance with Conservation Measure 10-02 to operate 
in the Convention Area are marked in such a way that they can be 
readily identified in accordance with internationally recognised 
standards, such as the FAO Standard Specifications and Guidelines for 
the Marking and Identification of Fishing Vessels.
    2. Marker buoys and similar objects floating on the surface and 
intended to indicate the location of fixed or set fishing gear shall be 
clearly marked at all times with the letter(s) and/or numbers of the 
vessels to which they belong.

    \1\ Except for waters adjacent to Kerguelen and Crozet Islands
    \2\ Includes permitted

Conservation Measure 10-02 (2006) \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

[[Page 4069]]

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.
    3. Each Contracting Party shall provide to the Secretariat within 
seven days of the issuance of each licence the following information 
about licences issued:
    <bullet> name of the vessel
    <bullet> time periods authorised for fishing (start and end dates)
    <bullet> area(s), subarea(s) or division(s) of fishing
    <bullet> species targeted
    <bullet> gear used.
    4. From 1 August 2005, 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) \5\, 
registration number \6\, 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) \5\;
    (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) colour photographs of the vessel which shall consist of:
    <bullet> 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;
    <bullet> 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;
    <bullet> 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. From 1 August 2005, 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.
    7. The Executive Secretary shall place a list of licensed vessels 
on 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\ 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.
    \6\ National registry number.
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 (2005) <SUP>1 2 3</SUP>

Port inspections of vessels carrying toothfish

[[Page 4070]]

(Species: toothfish; Area: all; Season: all; Gear: all)

    1. Contracting Parties shall undertake inspections of all fishing 
vessels carrying Dissostichus spp. which enter their ports. The 
inspection shall be for the purpose of determining that if the vessel 
carried out harvesting activities in the Convention Area, these 
activities were carried out in accordance with CCAMLR conservation 
measures, and that if it intends to land or tranship Dissostichus spp. 
the catch to be unloaded or transhipped is accompanied by a 
Dissostichus catch document required by Conservation Measure 10-05 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.

Conservation Measure 10-04 (2006)

Automated satellite-linked Vessel Monitoring Systems (VMS)
(Species: all except krill; Area: all; Season: all; Gear: all)

The Commission,

    Recognizing that in order to promote the objectives of the 
Convention and further improve compliance with the relevant 
conservation measures,
    Convinced that illegal, unreported and unregulated (IUU) fishing 
compromises the objective of the Convention,
    Recalling that Contracting Parties are required to cooperate in 
taking appropriate action to deter any fishing activities which are not 
consistent with the objective of the Convention,
    Mindful of the rights and obligations of Flag States and Port 
States to promote the effectiveness of conservation measures,
    Wanting to reinforce the conservation measures already adopted by 
the Commission,
    Recognizing the obligations and responsibilities of Contracting 
Parties under the Catch Documentation Scheme for Dissostichus spp. 
(CDS),
    Recalling provisions as made under Article XXIV 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,

hereby adopts the following conservation measure in accordance with 
Article IX of the Convention:
    1. Each Contracting Party shall ensure that its fishing vessels, 
licensed \1\ in accordance with Conservation Measure 10-02, are 
equipped with a satellite-linked vessel monitoring device allowing for 
the continuous reporting of their position in the Convention Area for 
the duration of the licence issued by the Flag State. The vessel 
monitoring device shall automatically communicate at least every four 
hours to a land-based fisheries monitoring centre (FMC) of the Flag 
State of the vessel the following data:
    (i) fishing vessel identification;
    (ii) the current geographical position (latitude and longitude) of 
the vessel, with a position error which shall be less than 500 m, with 
a confidence interval of 99%; and
    (iii) the date and time (expressed in UTC) of the fixing of the 
said position of the vessel.
    2. The implementation of vessel monitoring device(s) on vessels 
while participating only in a krill fishery is not currently required.
    3. Each Contracting Party as a Flag State shall ensure that the 
vessel monitoring device(s) on board its vessels are tamper proof, i.e. 
are of a type and configuration that prevent the input or output of 
false positions, and that are not capable of being over-ridden, whether 
manually, electronically or otherwise. To this end, the on-board 
satellite monitoring device must:
    (i) be located within a sealed unit; and
    (ii) be protected by official seals (or mechanisms) of a type that 
indicate whether the unit has been accessed or tampered with.
    4. In the event that a Contracting Party has information to suspect 
that an on-board vessel monitoring device does not meet the 
requirements of paragraph 3, or has been tampered with, it shall 
immediately notify the Secretariat and the vessel's Flag State.
    5. Each Contracting Party shall ensure that its FMC receives Vessel 
Monitoring System (VMS) reports and messages, and that the FMC is 
equipped with computer hardware and software enabling automatic data 
processing and electronic data transmission. Each Contracting Party 
shall provide for backup and recovery procedures in case of system 
failures.
    6. Masters and owners/licensees of fishing vessels subject to VMS 
shall ensure that the vessel monitoring device on board their vessels 
within the Convention Area is at all times fully operational as per 
paragraph 1, and that the data are transmitted to the Flag State. 
Masters and owners/licensees shall in particular ensure that:
    (i) VMS reports and messages are not altered in any way;
    (ii) the antennae connected to the satellite monitoring device are 
not obstructed in any way;
    (iii) the power supply of the satellite monitoring device is not 
interrupted in any way; and
    (iv) the vessel monitoring device is not removed from the vessel.
    7. A vessel monitoring device shall be active within the Convention 
Area. It may, however, be switched off when the fishing vessel is in 
port for a period of more than one week, subject to prior notification 
to the Flag State, and if the Flag State so desires also to the 
Secretariat, and providing that the first

[[Page 4071]]

position report generated following the repowering (activating) shows 
that the fishing vessel has not changed position compared to the last 
report.
    8. In the event of a technical failure or non-functioning of the 
vessel monitoring device on board the fishing vessel, the master or the 
owner of the vessel, or their representative, shall communicate to the 
Flag State every six hours, and if the Flag State so desires also to 
the Secretariat, starting at the time that the failure or the non-
functioning was detected or notified in accordance with paragraph 12, 
the up-to-date geographical position of the vessel by electronic means 
(e-mail, facsimile, telex, telephone message, radio).
    9. Vessels with a defective vessel monitoring device shall take 
immediate steps to have the device repaired or replaced as soon as 
possible and, in any event, within two months. If the vessel during 
that time returns to port, it shall not be allowed by the Flag State to 
commence a further fishing trip in the Convention Area without having 
the defective device repaired or replaced.
    10. When the Flag State has not received for 12 hours data 
transmissions referred to in paragraphs 1 and 8, or has reasons to 
doubt the correctness of the data transmissions under paragraphs 1 and 
8, it shall as soon as possible notify the master or the owner or the 
representative thereof. If this situation occurs more than two times 
within a period of one year in respect to a particular vessel, the Flag 
State of the vessel shall investigate the matter, including having an 
authorised official check the device in question, in order to establish 
whether the equipment has been tampered with. The outcome of this 
investigation shall be forwarded to the CCAMLR Secretariat within 30 
days of its completion.
    11.<SUP>2 3 </SUP>Each Contracting Party shall forward VMS reports 
and messages received, pursuant to paragraph 1, to the CCAMLR 
Secretariat as soon as possible:
    (i) but not later than four hours after receipt for those 
exploratory longline fisheries subject to conservation measures adopted 
at CCAMLR-XXIII; or
    (ii) but not later than 10 working days following departure from 
the Convention Area for all other fisheries.
    12. With regard to paragraphs 8 and 11(i), each Contracting Party 
shall, as soon as possible but no later than two working days following 
detection or notification of technical failure or non-functioning of 
the vessel monitoring device on board the fishing vessel, forward the 
geographical positions of the vessel to the Secretariat, or shall 
ensure that these positions are forwarded to the Secretariat by the 
master or the owner of the vessel, or their representative.
    13. Each Flag State shall ensure that VMS reports and messages 
transmitted by the Contracting Party or its fishing vessels to the 
CCAMLR Secretariat, are in a computer-readable form in the data 
exchange format set out in Annex 10-04/A.
    14. Each Flag State shall in addition separately notify by e-mail 
or other means the CCAMLR Secretariat within 24 hours of each entry to, 
exit from and movement between subareas and divisions of the Convention 
Area by each of its fishing vessels in the format outlined in Annex 10-
04/A. When a vessel intends to enter a closed area, or an area for 
which it is not licensed to fish, the Flag State shall provide prior 
notification to the Secretariat of the vessel's intentions. The Flag 
State may permit or direct that such notifications be provided by the 
vessel directly to the Secretariat.
    15. Without prejudice to its responsibilities as a Flag State, if 
the Contracting Party so desires, it shall ensure that each of its 
vessels communicates the reports referred to in paragraphs 11 and 14 in 
parallel to the CCAMLR Secretariat.
    16. Each Flag State shall notify the name, address, e-mail, 
telephone and facsimile numbers, as well as the address of electronic 
communication of the relevant authorities of their FMC to the CCAMLR 
Secretariat before 1 January 2005 and thereafter any changes without 
delay.
    17. In the event that the CCAMLR Secretariat has not, for 48 
consecutive hours, received the data transmissions referred to in 
paragraph 11(i), it shall promptly notify the Flag State of the vessel 
and require an explanation. The CCAMLR Secretariat shall promptly 
inform the Commission if the data transmissions at issue, or the Flag 
State explanation, are not received from the Contracting Party within a 
further five working days.
    18. If VMS data received by the Secretariat indicate the presence 
of a vessel in an area or subarea for which no license details have 
been provided by the Flag State to the Secretariat as required by 
Conservation Measure 10-02, or in any area or subarea for which the 
Flag State or fishing vessel has not provided prior notification as 
required by paragraph 14, then the Secretariat shall notify the Flag 
State and require an explanation. The explanation shall be forwarded to 
the Secretariat for evaluation by the Commission at its next annual 
meeting.
    19. The CCAMLR Secretariat and all Parties receiving data shall 
treat all VMS reports and messages received under paragraph 11 or 
paragraphs 20, 21, 22 or 23 in a confidential manner in accordance with 
the confidentiality rules established by the Commission as contained in 
Annex 10-04/B. Data from individual vessels shall be used for 
compliance purposes only, namely for:
    (i) active surveillance presence, and/or inspections by a 
Contracting Party in a specified CCAMLR subarea or division; or
    (ii) the purposes of verifying the content of a Dissostichus Catch 
Document (DCD).
    20. The CCAMLR Secretariat shall place a list of vessels submitting 
VMS reports and messages pursuant to this conservation measure on a 
password-protected section of the CCAMLR Web site. This list shall be 
divided into subareas and divisions, without indicating the exact 
positions of vessels, and be updated when a vessel changes subarea or 
division. The list shall be posted daily by the Secretariat, 
establishing an electronic archive.
    21. VMS reports and messages (including vessel locations), for the 
purposes of paragraph 19(i) above, may be provided by the Secretariat 
to a Contracting Party other than the Flag State without the permission 
of the Flag State only during active surveillance, and/or inspection in 
accordance with the CCAMLR System of Inspection and subject to the time 
frames set out in paragraph 11. In this case, the Secretariat shall 
provide VMS reports and messages, including vessel locations over the 
previous 10 days, for vessels actually detected during surveillance, 
and/or inspection by a Contracting Party, and VMS reports and messages 
(including vessel locations) for all vessels within 100 n miles of that 
same location. The Flag State(s) concerned shall be provided by the 
Party conducting the active surveillance, and/or inspection, with a 
report including name of the vessel or aircraft on active surveillance, 
and/or inspection under the CCAMLR System of Inspection, and the full 
name(s) of the CCAMLR inspector(s) and their ID number(s). The Parties 
conducting the active surveillance, and/or inspection will make every 
reasonable effort to make this information available to the Flag 
State(s) as soon as possible.
    22. A Party may contact the Secretariat prior to conducting active 
surveillance, and/or inspection in accordance with the CCAMLR System of 
Inspection, in a given area and request VMS reports and messages 
(including vessel locations), for vessels in that area.

[[Page 4072]]

The Secretariat shall provide this information only with the permission 
of the Flag State for each of the vessels and according to the time 
frames set out in paragraph 11. On receipt of Flag State permission the 
Secretariat shall provide regular updates of positions to the 
Contracting Party for the duration of the active surveillance, and/or 
inspection in accordance with the CCAMLR System of Inspection.
    23. A Contracting Party may request actual VMS reports and messages 
(including vessel locations) from the Secretariat for a vessel when 
verifying the claims on a DCD. In this case the Secretariat shall 
provide that data only with Flag State permission.
    24. The CCAMLR Secretariat shall annually, before 30 September, 
report on the implementation of and compliance with this conservation 
measure to the Commission.

    \1\ Includes vessels licensed under French domestic law and 
vessels licensed under South African domestic law.
    \2\ This paragraph does not apply to vessels licensed under 
French domestic law in the EEZs surrounding Kerguelen and Crozet 
Islands.
    \3\ This paragraph does not apply to vessels licensed under 
South African domestic law in the EEZ surrounding Prince Edward 
Islands.
ANNEX 10-04/A

                                                 VMS Data Format
                                ['Position', `Exit' and `Entry' Reports/Messages]
----------------------------------------------------------------------------------------------------------------
          Data element                 Field code        Mandatory/optional                 Remarks
----------------------------------------------------------------------------------------------------------------
Start record....................  SR..................  M...................  System detail; indicates start of
                                                                               record.
Address.........................  AD..................  M...................  Message detail; destination; `XCA'
                                                                               for CCAMLR.
Sequence number.................  SQ..................  M\1\................  Message detail; message serial
                                                                               number in current year.
Type of message.................  TM\2\...............  M...................  Message detail; message type,
                                                                               `POS' as position report/ message
                                                                               to be communicated by VMS or
                                                                               other means by vessels with a
                                                                               defective satellite tracking
                                                                               device.
Radio call sign.................  RC..................  M...................  Vessel registration detail;
                                                                               international radio call sign of
                                                                               the vessel.
Trip number.....................  TN..................  O...................  Activity detail; fishing trip
                                                                               serial number in current year.
Vessel name.....................  NA..................  M...................  Vessel registration detail; name
                                                                               of the vessel.
Contracting Party internal        IR..................  O...................  Vessel registration detail. Unique
 reference number.                                                             Contracting Party vessel number
                                                                               as ISO-3 Flag State code followed
                                                                               by number.
External registration number....  XR..................  O...................  Vessel registration detail; the
                                                                               side number of the vessel.
Latitude........................  LA..................  M\3\................  Activity detail; position.
Longitude.......................  LO..................  M\3\................  Activity detail; position.
Latitude (decimal)..............  LT..................  M\4\................  Activity detail; position.
Longitude (decimal).............  LG..................  M\4\................  Activity detail; position.
Date............................  DA..................  M...................  Message detail; position date.
Time............................  TI..................  M...................  Message detail; position time in
                                                                               UTC.
End of record...................  ER..................  M...................  System detail; indicates end of
                                                                               the record.
----------------------------------------------------------------------------------------------------------------
\1\ Optional in case of a VMS message.
\2\ Type of message shall be `ENT' for the first VMS message from the Convention Area as detected by the FMC of
  the Contracting Party, or as directly submitted by the vessel.Type of message shall be `EXI' for the first VMS
  message from outside the Convention Area as detected by the FMC of the Contracting Party or as directly
  submitted by the vessel, and the values for latitude and longitude are, in this type of message, optional.
  Type of message shall be `MAN' for reports communicated by vessels with a defective satellite tracking device.
\3\ Mandatory for manual messages.
\4\ Mandatory for VMS messages.


                               Format for Indirect Flag State Reporting Via E-mail
----------------------------------------------------------------------------------------------------------------
                                                                                              Field contents
      Code             Code definition          Field contents            Example               explanation
----------------------------------------------------------------------------------------------------------------
SR.............  Start record...............  No data...........  ......................  No data.
AD.............  Address....................  XCA...............  XCA...................  XCA = CCAMLR.
SQ.............  Sequence number............  XXX...............  123...................  Message sequence
                                                                                           number.
TM.............  Type of message............  POS...............  POS...................  POS = position report,
                                                                                           ENT = entry report,
                                                                                           EXI = exit report.
RC.............  Radio call sign............  XXXXXX............  AB1234................  Maximum of 8
                                                                                           characters.
NA.............  Vessel name................  XXXXXXXX..........  Vessel Name...........  Maximum of 30
                                                                                           characters.
LT.............  Latitude...................  DD.ddd............  -55.000...............  +/-numeral in GIS
                                                                                           format. Must specify--
                                                                                           for South and West, +
                                                                                           for North and East.
LG.............  Longitude..................  DDD.ddd...........  -020.000..............  +/-numeral in GIS
                                                                                           format.
DA.............  Record date................  YYYYMMDD..........  20050114..............  8 characters only.
TI.............  Record time................  HHMM..............  0120..................  4 characters only,
                                                                                           using 24-hour time
                                                                                           format. Do not use
                                                                                           separators or include
                                                                                           seconds.
ER.............  End record.................  No data...........  ......................  No data.
----------------------------------------------------------------------------------------------------------------
Sample string:
//SR//AD/XCA//SQ/001//TM/POS//RC/ABCD//NA/Vessel Name//LT/-55.000//LG/-020.000//DA/20050114//TI/0120//ER//.
Notes:
<bullet> Three fields in Annex 10-04/A are optional. These are:
 TN (trip number)
 IR (Contracting Party internal reference number): Must start with the 3-character ISO country code, e.g.
 Argentina = ARGxxx
 XR (external registration number).
<bullet> Do not include any other fields.
<bullet> Do not include separators (e.g. : . or /) in the date and time fields.

[[Page 4073]]

 
<bullet> Do not include seconds in the time fields.

Annex 10-04/B
Provisions on Secure and Confidential Treatment of Electronic Reports 
and Messages Transmitted Pursuant to Conservation Measure 10-04
    1. Field of Application.
    1.1 The provisions set out below shall apply to all VMS reports and 
messages transmitted and received pursuant to Conservation Measure 10-
04.
    2. General Provisions
    2.1 The CCAMLR Secretariat and the appropriate authorities of 
Contracting Parties transmitting and receiving VMS reports and messages 
shall take all necessary measures to comply with the security and 
confidentiality provisions set out in sections 3 and 4.
    2.2 The CCAMLR Secretariat shall inform all Contracting Parties of 
the measures taken in the Secretariat to comply with these security and 
confidentiality provisions.
    2.3 The CCAMLR Secretariat shall take all the necessary steps to 
ensure that the requirements pertaining to the deletion of VMS reports 
and messages handled by the Secretariat are complied with.
    2.4 Each Contracting Party shall guarantee the CCAMLR Secretariat 
the right to obtain as appropriate, the rectification of reports and 
messages or the erasure of VMS reports and messages, the processing of 
which does not comply with the provisions of Conservation Measure 10-
04.
    3. Provisions on Confidentiality
    3.1 All requests for data must be made to the CCAMLR Secretariat in 
writing. Requests for data must be made by the main Commission Contact 
or an alternative contact nominated by the main Commission Contact of 
the Contracting Party concerned. The Secretariat shall only provide 
data to a secure e-mail address specified at the time of making a 
request for data.
    3.2 In cases where the CCAMLR Secretariat is required to seek the 
permission of the Flag State before releasing VMS reports and messages 
to another Party, the Flag State shall respond to the Secretariat as 
soon as possible but in any case within two working days.
    3.3 Where the Flag State chooses not to give permission for the 
release of VMS reports and messages, the Flag State shall, in each 
instance, provide a written report within 10 working days to the 
Commission outlining the reasons why it chooses not to permit data to 
be released. The CCAMLR Secretariat shall place any report so provided, 
or notice that no report was received, on a password-protected part of 
the CCAMLR Web site.
    3.4 VMS reports and messages shall only be released and used for 
the purposes stipulated in paragraph 18 of Conservation Measure 10-04.
    3.5 VMS reports and messages released pursuant to paragraphs 20, 21 
and 22 of Conservation Measure 10-04 shall provide details of: name of 
vessel, date and time of position report, and latitude and longitude 
position at time of report.
    3.6 Regarding paragraph 21 each inspecting Contracting Party shall 
make available VMS reports and messages and positions derived therefrom 
only to their inspectors designated under the CCAMLR System of 
Inspection. VMS reports and messages shall be transmitted to their 
inspectors no more than 48 hours prior to entry into the CCAMLR, 
subarea or division where surveillance is to be conducted by the 
Contracting Party. Contracting Parties must ensure that VMS reports and 
messages are kept confidential by such inspectors.
    3.7 The CCAMLR Secretariat shall delete all the original VMS 
reports and messages referred to in section 1 from the database at the 
CCAMLR Secretariat by the end of the first calendar month following the 
third year in which the VMS reports and messages have originated. 
Thereafter the information related to the movement of the fishing 
vessels shall only be retained by the CCAMLR Secretariat after measures 
have been taken to ensure that the identity of the individual vessels 
can no longer be established.
    3.8 Contracting Parties may retain and store VMS reports and 
messages provided by the Secretariat for the purposes of active 
surveillance presence, and/or inspections, until 24 hours after the 
vessels to which the reports and messages pertain have departed from 
the CCAMLR subarea or division. Departure is deemed to have been 
effected six hours after the transmission of the intention to exit from 
the CCAMLR subarea or division.
    4. Provisions on Security.
    4.1 Overview.
    4.1.1 Contracting Parties and the CCAMLR Secretariat shall ensure 
the secure treatment of VMS reports and messages in their respective 
electronic data processing facilities, in particular where the 
processing involves transmission over a network. Contracting Parties 
and the CCAMLR Secretariat must implement appropriate technical and 
organisational measures to protect reports and messages against 
accidental or unlawful destruction or accidental loss, alteration, 
unauthorised disclosure or access, and against all inappropriate forms 
of processing.
    4.1.2 The following security issues must be addressed from the 
outset:
    <bullet> System access control: The system has to withstand a 
break-in attempt from unauthorised persons.
    <bullet> Authenticity and data access control:
    The system has to be able to limit the access of authorised parties 
to a predefined set of data only.
    <bullet> Communication security: It shall be guaranteed that VMS 
reports and messages are securely communicated.
    <bullet> Data security:It has to be guaranteed that all VMS reports 
and messages that enter the system are securely stored for the required 
time and that they will not be tampered with.
    <bullet> Security procedures: Security procedures shall be designed 
addressing access to the system (both hardware and software), system 
administration and maintenance, backup and general usage of the system.
    4.1.3 Having regard to the state of the art and the cost of their 
implementation, such measures shall ensure a level of security 
appropriate to the risks represented by the processing of the reports 
and the messages.
    4.1.4 Security measures are described in more detail in the 
following paragraphs.
    4.2 System Access Control
    4.2.1 The following features are the mandatory requirements for the 
VMS installation located at the CCAMLR Data Centre:
    <bullet> A stringent password and authentication system: Each user 
of the system is assigned a unique user identification and associated 
password. Each time the user logs on to the system he/she has to 
provide the correct password. Even when successfully logged on the user 
only has access to those and only those functions and data that he/she 
is configured to have access to. Only a privileged user has access to 
all the data.
    <bullet> Physical access to the computer system is controlled.
    <bullet> Auditing: selective recording of events for analysis and 
detection of security breaches.
    <bullet> Time-based access control: access to the system can be 
specified in terms of times-of-day and days-of-week that each user is 
allowed to log on to the system.

[[Page 4074]]

    <bullet> Terminal access control: specifying for each workstation 
which users are allowed to access.
    4.3 Authenticity and Data Access Security
    4.3.1 Communication between Contracting Parties and the CCAMLR 
Secretariat for the purpose of Conservation Measure 10-04 shall use 
secure Internet protocols SSL, DES or verified certificates obtained 
from the CCAMLR Secretariat.
    4.4 Data Security
    4.4.1 Access limitation to the data shall be secured via a flexible 
user identification and password mechanism. Each user shall be given 
access only to the data necessary for their task.
    4.5 Security Procedures
    4.5.1 Each Contracting Party and the CCAMLR Secretariat shall 
nominate a security system administrator. The security system 
administrator shall review the log files generated by the software for 
which they are responsible, properly maintain the system security for 
which they are responsible, restrict access to the system for which 
they are responsible as deemed needed and in the case of Contracting 
Parties, also act as a liaison with the Secretariat in order to solve 
security matters.

Conservation Measure 10-05 (2006)

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 
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.,
    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. The procedure regarding cooperation with CCAMLR in the

[[Page 4075]]

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. The 
standard catch document is attached to the annex.
    10. Each Contracting Party shall require that each shipment of 
Dissostichus spp. imported into or exported from its territory be 
accompanied by the export-validated DCD(s) and, where appropriate, 
validated re-export document(s) that account for all the Dissostichus 
spp. contained in the shipment. The import, export or re-export of 
Dissostichus spp. without a catch document is prohibited.
    11. An export-validated DCD 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. 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-validated DCD(s) and, where appropriate, validated re-export 
document(s) that account for all the Dissostichus spp. contained in the 
shipment. These officials may also examine the content of any shipment 
to verify the information contained in the catch document or documents.
    13. If, as a result of an examination referred to in paragraph 12 
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.
    14. Each Contracting Party shall promptly provide by the most rapid 
electronic means, copies to the CCAMLR Secretariat of all export-
validated DCDs 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.
    15. 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.
    16. 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.
    17. If, following an examination under paragraph 12, questions 
under paragraph 13 or requests for additional verification of documents 
under paragraph 16, 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.
    18. 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.
    19. A Contracting Party may transfer all or part of the proceeds 
from the sale of seized or confiscated Dissostichus spp. into the CDS 
Fund created by the Commission or into a national fund which promotes 
achievement of the objectives of the Convention. A Contracting Party 
may, consistent with its domestic legislation, decline to provide a 
market for toothfish offered for sale with a SVDCD by another State. 
Provisions concerning the uses of the CDS Fund are found in Annex 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 7 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.,

[[Page 4076]]

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 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 from the 
country of landing, the exporter shall adhere to the following 
procedures to obtain the necessary export validation of the 
Dissostichus catch document(s) that account for all the Dissostichus 
spp. contained in the shipment:
    (i) the exporter shall enter on each Dissostichus catch document 
the amount of each Dissostichus spp. reported on the document that is 
contained in the shipment;
    (ii) the exporter shall enter on each Dissostichus catch document 
the name and address of the importer of the shipment and the point of 
import;
    (iii) the exporter shall enter on each Dissostichus catch document 
the exporter's name and address, and shall sign the document;
    (iv) the exporter shall obtain a signed and stamped validation of 
the Dissostichus catch document (including the attachments if provided) 
by a responsible official of the exporting State.
    (v) the 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;
if by air
    flight number, airway bill number,

[[Page 4077]]

place and date of issue;
if by other means (ground transportation)
    truck registration number and nationality,
    railway transport number, date and place of issue.

    A12. In the case of re-export, the re-exporter shall adhere to the 
following procedures to obtain the necessary re-export validation of 
the Dissostichus catch document(s) that account for all the 
Dissostichus spp. contained in the shipment:
    (i) the re-exporter shall supply details of the net weight of 
product of all species to be re-exported, together with the 
Dissostichus catch document number to which each species and product 
relates;
    (ii) the re-exporter shall supply the name and address of the 
importer of the shipment, the point of import and the name and address 
of the exporter;
    (iii) the re-exporter shall obtain a signed and stamped validation 
of the above details by the responsible official of the exporting State 
on the accuracy of information contained in the document(s);
    (iv) the 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;
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.
    (v) the responsible official of the re-exporting State shall 
immediately transmit by the most rapid electronic means a copy of the 
re-export document to the Secretariat to be made available next working 
day to all Contracting Parties.
    The standard form for re-export is attached to this annex.

    \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.
BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TN29JA07.001


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[GRAPHIC] [TIFF OMITTED] TN29JA07.002

BILLING CODE 3510-22-C
Annex 10-05/B
The Use of the CDS Fund
    B1. The purpose of the CDS Fund (`the Fund') is to enhance the 
capacity of the Commission in improving the effectiveness of the CDS 
and by this, and other means, to prevent, deter and eliminate IUU 
fishing in the Convention Area.
    B2. The Fund will be operated according to the following 
provisions:
    (i) The Fund shall be used for special projects, or special needs 
of the Secretariat if the Commission so decides, aimed at assisting the 
development and improving the effectiveness of the CDS. The Fund may 
also be used for special projects and other activities contributing to 
the prevention, deterrence and elimination

[[Page 4081]]

of IUU fishing in the Convention Area, and for other such purposes as 
the Commission may decide.
    (ii) The Fund shall be used primarily for projects conducted by the 
Secretariat, although the participation of Members in these projects is 
not precluded. While individual Member projects may be considered, this 
shall not replace the normal responsibilities of Members of the 
Commission. The Fund shall not be used for routine Secretariat 
activities.
    (iii) Proposals for special projects may be made by Members, by the 
Commission or the Scientific Committee and their subsidiary bodies, or 
by the Secretariat. Proposals shall be made to the Commission in 
writing and be accompanied by an explanation of the proposal and an 
itemised statement of estimated expenditure.
    (iv) The Commission will, at each annual meeting, designate six 
Members to serve on a Review Panel to review proposals made 
intersessionally and to make recommendations to the Commission on 
whether to fund special projects or special needs. The Review Panel 
will operate by e-mail intersessionally and meet during the first week 
of the Commission's annual meeting.
    (v) The Commission shall review all proposals and decide on 
appropriate projects and funding as a standing agenda item at its 
annual meeting.
    (vi) The Fund may be used to assist Acceding States and non-
Contracting Parties that wish to cooperate with CCAMLR and participate 
in the CDS, so long as this use is consistent with provisions (i) and 
(ii) above. Acceding States and non-Contracting Parties may submit 
proposals if the proposals are sponsored by, or in cooperation with, a 
Member.
    (vii) The Financial Regulations of the Commission shall apply to 
the Fund, except in so far as these provisions provide or the 
Commission decides otherwise.
    (viii) The Secretariat shall report to the annual meeting of the 
Commission on the activities of the Fund, including its income and 
expenditure. Annexed to the report shall be reports on the progress of 
each project being funded by the Fund, including details of the 
expenditure on each project. The report will be circulated to Members 
in advance of the annual meeting.
    (ix) Where an individual Member project is being funded according 
to provision (ii), that Member shall provide an annual report on the 
progress of the project, including details of the expenditure on the 
project. The report shall be submitted to the Secretariat in sufficient 
time to be circulated to Members in advance of the annual meeting. When 
the project is completed, that Member shall provide a final statement 
of account certified by an auditor acceptable to the Commission.
    (x) The Commission shall review all ongoing projects at its annual 
meeting as a standing agenda item and reserves the right, after notice, 
to cancel a project at any time should it decide that it is necessary. 
Such a decision shall be exceptional, and shall take into account 
progress made to date and likely progress in the future, and shall in 
any case be preceded by an invitation from the Commission to the 
project coordinator to present a case for continuation of funding.
    (xi) The Commission may modify these provisions at any time.
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. Each year, 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. In doing so, the Executive Secretary shall 
provide copies of this conservation measure and any related resolutions 
adopted by the Commission.
    C2. 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.
    C3. 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.
    C4. 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.
    C5. 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.
    C6. 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 (2006)
Scheme to promote compliance by 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 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,


[[Page 4082]]


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;
    (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

[[Page 4083]]

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.
    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
    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 refueling, 
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

[[Page 4084]]

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, 
controling 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 (2006)

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 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

[[Page 4085]]

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 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

[[Page 4086]]

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.
    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
    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,

[[Page 4087]]

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 10-08 (2006)

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

    Convinced that illegal, unreported and unregulated (IUU) fishing 
compromises the objectives of the Convention,
    Concerned that some Flag States do not comply with their 
obligations regarding jurisdiction and control according to 
international law in respect of fishing vessels entitled to fly their 
flag that carry out their activities in the Convention Area, and that 
as a result these vessels are not under the effective control of such 
Flag States,
    Aware that the lack of effective control facilitates fishing by 
these vessels in the Convention Area in a manner that undermines the 
effectiveness of CCAMLR conservation measures, and can lead to illegal, 
unreported and unregulated (IUU) catches of fish and unacceptable 
levels of incidental mortality of seabirds,
    Concerned that vessels that carry out activities in the Convention 
Area which do not comply with the CCAMLR conservation measures are 
benefiting from the support provided by persons subject to the 
jurisdiction of Contracting Parties, including through participation in 
transhipment, transport and trade of illegally harvested catches or 
engagement on board or in the management of these vessels,
    Noting that the FAO International Plan of Action to Prevent, Deter 
and Eliminate Illegal, Unreported and Unregulated Fishing calls on 
States to take measures to discourage nationals subject to their 
jurisdiction from supporting and engaging in any activity that 
undermines the effectiveness of international conservation and 
management measures,
    Recalling that Contracting Parties should 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. Without prejudice to the primacy of the responsibility of the 
Flag State, the Contracting Parties shall take appropriate measures, 
subject to and in accordance with their applicable laws and 
regulations:
    (i) to verify if any natural or legal persons subject to their 
jurisdiction are engaged in the activities described in paragraphs 5(i) 
to (viii) of Conservation Measure 10-06 and 9(i) to (vi) of 
Conservation Measure 10-07;
    (ii) take appropriate action in response to any verified activities 
referred to in paragraph 1(i); and
    (iii) cooperate for the purpose of implementing the measures and 
actions referred to in paragraph 1(i). To this end, relevant agencies 
of Contracting Parties should cooperate to implement CCAMLR 
conservation measures and Contracting Parties shall seek cooperation by 
industries within their jurisdiction.
    2. To assist with the implementation of this conservation measure, 
Contracting Parties shall submit reports to the CCAMLR Secretariat and 
the Contracting Parties and non-Contracting Parties cooperating with 
CCAMLR for the purpose of implementing the Catch Documentation Scheme 
for Dissostichus spp. on the actions and measures taken in accordance 
with paragraph 1, in a timely fashion.

[[Page 4088]]

    3. These provisions shall be applicable from 1 July 2008. 
Contracting Parties may voluntarily decide to implement these 
provisions prior to this date.

Conservation Measure 21-01 (2006) \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 fulfill its function under Article IX,

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

    1. A new fishery, for the purposes of this conservation measure, is 
a fishery on a species using a particular fishing method in a 
statistical subarea for which:
    (i) information on distribution, abundance, demography, potential 
yield and stock identity from comprehensive research/surveys or 
exploratory fishing have not been submitted to CCAMLR; or
    (ii) catch and effort data have never been submitted to CCAMLR; or
    (iii) catch and effort data from the two most recent seasons in 
which fishing occurred have not been submitted to CCAMLR.
    2. 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. A Member intending to develop a new fishery shall notify the 
Commission not less than three months in advance of the next regular 
meeting of the Commission, where the matter shall be considered. The 
Member shall not initiate a new fishery pending the process specified 
in paragraphs 6 and 7 below.
    4. The notification shall be accompanied by as much of the 
following information as the Member is able to provide:
    (i) the nature of the proposed fishery including target species, 
methods of fishing, proposed region and any minimum level of catches 
that would be required to develop a viable fishery;
    (ii) biological information from comprehensive research/survey 
cruises, such as distribution, abundance, demographic data and 
information on stock identity;
    (iii) details of dependent and associated species and the 
likelihood of them being affected by the proposed fishery;
    (iv) information from other fisheries in the region or similar 
fisheries elsewhere that may assist in the valuation of potential 
yield;
    (v) 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.
    5. 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.
    6. The information provided in accordance with paragraph 4, 
together with any other relevant information, shall be considered by 
the Scientific Committee, which shall then advise the Commission.
    7. 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 21-02 (2006) \1\ \2\

Exploratory fisheries
(Species: all; Area: all; Season: all; Gear: all)
The Commission,

    Recognising that in the past, some Antarctic fisheries had been 
initiated and subsequently expanded in the Convention Area before 
sufficient information was available upon which to base management 
advice,
    Agreeing that exploratory fishing should not be allowed to expand 
faster than the acquisition of information necessary to ensure that the 
fishery can and will be conducted in accordance with the principles set 
forth in Article II,

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

    1. For the purposes of this conservation measure, exploratory 
fisheries are defined as follows:
    (i) an exploratory fishery shall be defined as a fishery that was 
previously classified as a `new fishery', as defined by Conservation 
Measure 21-01;
    (ii) an exploratory fishery shall continue to be classified as such 
until sufficient information is available:
    (a) to evaluate the distribution, abundance, and demography of the 
target species, leading to an estimate of the fishery's potential 
yield;
    (b) to review the fishery's potential impacts on dependent and 
related species;
    (c) to allow the Scientific Committee to formulate and provide 
advice to the Commission on appropriate harvest catch levels, as well 
as effort levels and fishing gear, where appropriate.
    2. To ensure that adequate information is made available to the 
Scientific Committee for evaluation, during the period when a fishery 
is classified as exploratory, 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 exploratory fishery to enable an 
assessment of the stock to be made.
    3. 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(ii), and the date by which such 
data are to be reported annually to CCAMLR;
    (ii) a plan for directing fishing effort during the exploratory 
phase to permit the acquisition of relevant data to evaluate the 
fishery potential and the ecological relationships among harvested, 
dependent and related populations and the likelihood of adverse 
impacts;
    (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

[[Page 4089]]

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.
    4. The Commission shall annually determine a precautionary catch 
limit at a level not substantially above that necessary to obtain the 
information specified in the Data Collection Plan and required to 
undertake the evaluations described in paragraph 1(ii).
    5. Any Member proposing to participate in an exploratory 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 exploratory 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.
    6. On the basis of the information submitted in accordance with 
paragraph 5, and taking into account the advice and evaluation provided 
by the Scientific Committee and the Standing Committee on 
Implementation and Compliance (SCIC), the Commission shall annually 
consider adoption of relevant conservation measures for each 
exploratory fishery.
    7. The Commission shall not consider a notification by a Member 
unless the information required by paragraph 5 has been submitted by 
the due date.
    8. Notwithstanding paragraph 7, Members shall be entitled under 
Conservation Measure 10-02 to authorise participation in an exploratory 
fishery by a vessel other than that identified by the Commission in 
accordance with paragraph 5 if the notified vessel is prevented from 
participation due to legitimate operational or force majeure reasons. 
In such circumstances the Member concerned shall immediately inform the 
Secretariat thereof providing:
    (i) full details of the intended replacement vessel(s) as 
prescribed in subparagraph 5(i);
    (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.
    9. Members whose vessels participate in exploratory fisheries in 
accordance with paragraphs 5 and/or 8 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 a CCAMLR-designated scientific 
observer to collect data in accordance with the Data Collection Plan, 
and to assist in collecting biological and other relevant data;
    (iii) annually (by the specified date) submit to CCAMLR the data 
specified by the Data Collection Plan;
    (iv) be prohibited from continuing participation in the relevant 
exploratory fishing if the data specified in the Data Collection Plan 
have not been submitted to CCAMLR 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.
    10. A vessel on either of the IUU Vessel Lists established under 
Conservation Measures 10-06 and 10-07 shall not be permitted to 
participate in exploratory fisheries.
    11. Notifications for exploratory fisheries pursuant to the 
provisions above shall be subject to an administrative cost-recovery 
scheme and shall therefore be accompanied by a payment per vessel, the 
amount and refundable component of which shall be decided by the 
Commission, as well as the conditions and modalities according to which 
such payment shall be made.

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

Conservation Measure 21-03 (2006) 1 2

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

    All Contracting Parties intending to fish for krill in the 
Convention Area shall notify the Secretariat of their intent not less 
than four (4) months in advance of the regular annual meeting of the 
Commission, immediately prior to the season in which they intend to 
fish, using the pro forma in Annex 21-03/A.

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

[[Page 4090]]

[GRAPHIC] [TIFF OMITTED] TN29JA07.003

Conservation Measure 22-01 (1986)

Regulation on mesh size measurement (this conservation measure 
supplements Conservation Measure 22-02)
(Species: all; Area: all; Season: all; Gear: trawl)
Article 1
Description of Gauges
    1. Gauges to be used for determining mesh sizes shall be 2 mm 
thick, flat, of durable material and capable of retaining their shape. 
They shall have either a series of parallel-edged sides connected by 
intermediate tapering edges with a taper of one to eight on each side, 
or only tapering edges with the taper defined above. They shall have a 
hole at the narrowest extremity.
    2. Each gauge shall be inscribed on its face with the width in 
millimeters both on the parallel[pi]sided section, if any, and on the 
tapering section. In the case of the latter the width shall be 
inscribed every 1 mm interval and the indication of the width shall 
appear at regular intervals.
Article 2
Use of the Gauge
    1. The net shall be stretched in the direction of the long diagonal 
of the meshes.
    2. A gauge as described in Article 1 shall be inserted by its 
narrowest extremity into the mesh opening in a direction perpendicular 
to the plane of the net.
    3. The gauge shall be inserted into the mesh opening either with a 
manual force or using a weight or dynamometer, until it is stopped at 
the tapering edges by the resistance of the mesh.
Article 3
Selection of Meshes to be Measured
    1. Meshes to be measured shall form a series of 20 consecutive 
meshes chosen in the direction of the long axis of the net.
    2. Meshes less than 50 cm from lacings, ropes or codline shall not 
be measured. This distance shall be measured perpendicular to the 
lacings, ropes or codline with the net stretched in the direction of 
that measurement. Nor shall any mesh be measured which has been mended 
or broken or has attachments to the net fixed at that mesh.
    3. By way of derogation from paragraph 1, the meshes to be measured 
need not be consecutive if the application of paragraph 2 prevents it.
    4. Nets shall be measured only when wet and unfrozen.
Article 4
Measurement of Each Mesh
    The size of each mesh shall be the width of the gauge at the point 
where the gauge is stopped, when using this gauge in accordance with 
Article 2.
Article 5
Determination of the Mesh Size of the Net
    1. The mesh size of the net shall be the arithmetical mean in 
millimetres of the measurements of the total number of meshes selected 
and measured as provided for in Articles 3 and 4, the arithmetical mean 
being rounded up to the next millimetre.
    2. The total number of meshes to be measured is provided for in 
Article 6.
Article 6
Sequence of Inspection Procedure
    1. The inspector shall measure one series of 20 meshes, selected in 
accordance with Article 3, inserting the gauge manually without using a 
weight or dynamometer. The mesh size of the net shall then be 
determined in accordance with Article 5.
    If the calculation of the mesh size shows that the mesh size does 
not appear to comply with the rules in force, then two additional 
series of 20 meshes selected in accordance with Article 3 shall be 
measured. The mesh size shall then be recalculated in accordance with 
Article 5, taking into account the 60 meshes already measured. Without 
prejudice to paragraph 2, this shall be the mesh size of the net.
    2. If the captain of the vessel contests the mesh size determined 
in accordance with paragraph 1, such measurement will not be considered 
for the determination of the mesh size and the net shall be remeasured.
    A weight or dynamometer attached to the gauge shall be used for 
remeasurement.
    The choice of weight or dynamometer shall be at the discretion of 
the inspector.
    The weight shall be fixed to the hole in the narrowest extremity of 
the gauge using a hook. The dynamometer may

[[Page 4091]]

either be fixed to the hole in the narrowest extremity of the gauge or 
be applied at the largest extremity of the gauge.
    The accuracy of the weight or dynamometer shall be certified by the 
appropriate national authority.
    For nets of a mesh size of 35 mm or less as determined in 
accordance with paragraph 1, a force of 19.61 newtons (equivalent to a 
mass of 2 kilograms) shall be applied and for other nets, a force of 
49.03 newtons (equivalent to a mass of 5 kilograms).
    For the purposes of determining the mesh size in accordance with 
Article 5 when using a weight or dynamometer, one series of 20 meshes 
only shall be measured.

Conservation Measure 22-02 (1984)

Mesh size (as amended in accordance with Conservation Measure 22-03)
(Species: toothfish, target demersal; Area: all; Season: all; Gear: 
trawl)

    1. The use of pelagic and bottom trawls having the mesh size in any 
part of a trawl less than indicated is prohibited for any directed 
fishery for:
    Notothenia rossii, Dissostichus eleginoides: 120 mm.
    Gobionotothen gibberifrons, Notothenia kempi, Lepidonotothen 
squamifrons: 80 mm.
    2. It is prohibited to use any means or device which would obstruct 
or diminish the size of the meshes.
    3. This conservation measure does not apply to fishing conducted 
for scientific research purposes.
    4. This measure will apply as of 1 September 1985.

Conservation Measure 22-03 (1990) \1\

Mesh size for Champsocephalus gunnari
(Species: icefish; Area: all; Season: all; Gear: trawl)

    1. The use of pelagic and bottom trawls having the mesh size in any 
part of a trawl less than 90 mm is prohibited for any directed fishery 
for Champsocephalus gunnari.
    2. The mesh size specified above is defined in accordance with the 
regulations on mesh size measurement, Conservation Measure 22-01 
(1986).
    3. It is prohibited to use any means or device which would obstruct 
or diminish the size of the meshes.
    4. This conservation measure does not apply to fishing conducted 
for scientific research purposes.
    5. This measure will apply as of 1 November 1991.
    6. Conservation Measure 22-02 is amended accordingly.

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

Conservation Measure 22-04 (2006)

Interim prohibition of deep-sea gillnetting
(Species: all; Area: all; Season: all; Gear: gillnet)
The Commission,

    Concerned that there have been sightings of illegal, unreported and 
unregulated (IUU) vessels fishing in the Convention Area using 
gillnetting,
    Also concerned that deep-sea gillnetting in the Convention Area and 
the associated ghost-fishing by lost or discarded nets has serious 
detrimental effects on the marine environment and many species of 
marine living resources,
    Aware of the large quantities of non-target species, especially 
sharks and rays, that are killed by deep-sea gillnetting, and greatly 
concerned by the impacts on their populations,
    Desiring to clearly indicate to the international community that 
the Commission considers deep-sea gillnetting to be a potentially 
destructive fishing method, and a practice which may undermine the 
ability of the Commission to achieve its conservation objective,
    Noting that any application in respect of scientific research is 
subject to the requirements of Conservation Measure 24-01,

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

    1. The use of gillnets \1\ in the Convention Area, for purposes 
other than scientific research, is prohibited until such time as the 
Scientific Committee has investigated and reported on the potential 
impacts of this gear and the Commission has agreed on the basis of 
advice from the Scientific Committee that such a method may be used in 
the Convention Area.
    2. The use of gillnets for scientific research in waters shallower 
than 100 metres shall be permitted subject to the requirements of 
Conservation Measure 24-01.
    3. Proposals for the use of gillnets for scientific research in 
waters deeper than 100 metres shall be notified in advance to the 
Scientific Committee and be approved by the Commission before such 
research can commence.
    4. Any vessel seeking to transit the Convention Area carrying 
gillnets must give advance notice of its intent, including the expected 
dates of its passage through the Convention Area, to the Secretariat. 
Any vessel in possession of gillnets within the Convention Area which 
has not given such advance notice shall be in breach of this 
conservation measure.

    \1\ Gillnets are strings of single, double or triple netting 
walls, vertical, near the surface, in midwater or on the bottom, in 
which fish will gill, entangle or enmesh. Gillnets have floats on 
the upper line (headrope) and, in general, weights on the ground-
line (footrope). Gillnets consist of single or, less commonly, 
double or triple netting (known as `trammel net') mounted together 
on the same frame ropes. Several types of nets may be combined in 
one gear (for example, trammel net combined with gillnet). These 
nets can be used either alone or, as is more usual, in large numbers 
placed in line (`fleets' of nets). The gear can be set, anchored to 
the bottom or left drifting, free or connected with the vessel.

Conservation Measure 22-05 (2006)

Interim restrictions on the use of bottom trawling gear in high-seas 
areas of the Convention Area for the fishing seasons 2006/07 and 2007/
08
(Species: all; Area: high seas; Season: 2006/07, 2007/08; 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. In 2007, the Scientific Committee shall review the use of bottom 
trawling gear in high-seas areas of the Convention Area, including with 
respect to relevant criteria for determining what constitutes 
significant harm to benthos and benthic communities.
    3. This conservation measure does not apply to the use of bottom 
trawling gear in conducting scientific research in the Convention Area.
    4. This conservation measure shall be reviewed by the Commission in 
2007 based on the best scientific evidence available.

Conservation Measure 23-01 (2005)

Five-day Catch and Effort Reporting System
(Species: all; Area: various; Season: all; Gear: various)

    This conservation measure is adopted in accordance with 
Conservation Measure 31-01 where appropriate:
    1. For the purposes of this Catch and Effort Reporting System the 
calendar month shall be divided into six reporting periods, viz: day 1 
to day 5, day 6 to day 10, day 11 to day 15, day 16 to day 20, day 21 
to day 25 and day 26 to the last day of the month. These reporting 
periods are hereinafter referred to as periods A, B, C, D, E and F.
    2. At the end of each reporting period, each Contracting Party 
shall obtain from

[[Page 4092]]

each of its vessels its total catch of all species, including by-catch 
species, and total days and hours fished for that period and shall, by 
facsimile or e-mail, transmit the aggregated catch and days and hours 
fished for its vessels. The catch and effort data shall reach the 
Executive Secretary not later than two (2) working days after the end 
of the reporting period. In the case of longline fisheries, the number 
of hooks shall also be reported. In the case of pot fisheries, the 
number of pots shall also be reported.
    3. A report must be submitted by every Contracting Party taking 
part in the fishery for each reporting period for the duration of the 
fishery even if no catches are taken. A Contracting Party may authorise 
each of its vessels to report directly to the Secretariat.
    4. Such reports shall specify the month and reporting period (A, B, 
C, D, E or F) to which each report refers.
    5. Immediately after the deadline has passed for receipt of the 
reports for each period, the Executive Secretary shall notify all 
Contracting Parties engaged in fishing activities in the area, of the 
total catch taken during the reporting period, the total aggregate 
catch for the season to date together with an estimate of the date upon 
which the total allowable catch is likely to be reached for that 
season. In the case of exploratory fisheries, the Executive Secretary 
shall also notify the total aggregate catch for the season to date in 
each small-scale research unit (SSRU) together with an estimate of the 
date upon which the total allowable catch is likely to be reached in 
each SSRU for that season. Estimates shall be based on a projection 
forward of the trend in daily catch rates, obtained using linear 
regression techniques from a number of the most recent catch reports.
    6. At the end of every six reporting periods, the Executive 
Secretary shall inform all Contracting Parties of the total catch taken 
during the six most recent reporting periods, the total aggregate catch 
for the season to date together with an estimate of the date upon which 
the total allowable catch is likely to be reached for that season.
    7. If the estimated date of completion of the total allowable catch 
is within five days of the date on which the Secretariat received the 
report of the catches, the Executive Secretary shall inform all 
Contracting Parties that the fishery will close on that estimated day 
or on the day on which the report was received, whichever is the later. 
In the case of exploratory fisheries, if the estimated date of 
completion of the catch in any SSRU is within five days of the day on 
which the Secretariat received the report of catches, the Executive 
Secretary shall additionally inform all Contracting Parties, and their 
relevant fishing vessels if so authorised, that fishing in that SSRU 
will be prohibited from that calculated day, or on the day on which the 
report was received, whichever is the later.
    8. Should a Contracting Party, or where a vessel is authorised to 
report directly to the Secretariat, the vessel, fail to transmit a 
report to the Executive Secretary in the appropriate form by the 
deadline specified in paragraph 2, the Executive Secretary shall issue 
a reminder to the Contracting Party. If at the end of a further two 
five-day periods, or, in the case of exploratory fisheries, a further 
one five-day period, those data have still not been provided, the 
Executive Secretary shall notify all Contracting Parties of the closure 
of the fishery to the vessel which has failed to supply the data as 
required and the Contracting Party concerned shall require the vessel 
to cease fishing. If the Executive Secretary is notified by the 
Contracting Party that the failure of the vessel to report is due to 
technical difficulties, the vessel may resume fishing once the report 
or explanation concerning the failure has been submitted.

Conservation Measure 23-02 (1993)

Ten-day Catch and Effort Reporting System
(Species: all; Area: various; Season: all; Gear: various)

    This conservation measure is adopted in accordance with 
Conservation Measure 31-01 where appropriate:
    1. For the purposes of this Catch and Effort Reporting System the 
calendar month shall be divided into three reporting periods, viz: day 
1 to day 10, day 11 day 20, day 21 to the last day of the month. These 
reporting periods are hereinafter referred to as periods A, B, and C.
    2. At the end of each reporting period, each Contracting Party 
shall obtain from each of its vessels its total catch and total days 
and hours fished for that period and shall, by cable, telex or 
facsimile, transmit the aggregated catch and days and hours fished for 
its vessels so as to reach the Executive Secretary not later than the 
end of the next reporting period. In the case of longline fisheries, 
the number of hooks shall also be reported.
    3. A report must be submitted by every Contracting Party taking 
part in the fishery for each reporting period for the duration of the 
fishery even if no catches are taken.
    4. The retained catch of all species and by-catch species, must be 
reported.
    5. Such reports shall specify the month and reporting period (A, B 
and C) to which each report refers.
    6. Immediately after the deadline has passed for receipt of the 
reports for each period, the Executive Secretary shall notify all 
Contracting Parties engaged in fishing activities in the area, of the 
total catch taken during the reporting period, the total aggregate 
catch for the season to date together with an estimate of the date upon 
which the total allowable catch is likely to be reached for that 
season. The estimate shall be based on a projection forward of the 
trend in daily catch rates, obtained using linear regression techniques 
from a number of the most recent catch reports.
    7. At the end of every three reporting periods, the Executive 
Secretary shall inform all Contracting Parties of the total catch taken 
during the three most recent reporting periods, the total aggregate 
catch for the season to date together with an estimate of the date upon 
which the total allowable catch is likely to be reached for that 
season.
    8. If the estimated date of completion of the TAC is within ten 
days of the date on which the Secretariat received the report of the 
catches, the Executive Secretary shall inform all Contracting Parties 
that the fishery will close on that estimated day or on the day on 
which the report was received, whichever is the later.

Conservation Measure 23-03 (1991)

Monthly Catch and Effort Reporting System
(Species: all; Area: various; Season: all; Gear: various)

    This conservation measure is adopted in accordance with 
Conservation Measure 31-01 where appropriate:
    1. For the purposes of this Catch and Effort Reporting System the 
reporting period shall be defined as one calendar month.
    2. At the end of each reporting period, each Contracting Party 
shall obtain from each of its vessels its total catch and total days 
and hours fished for that period and shall, by cable or telex, transmit 
the aggregated catch and days and hours fished for its vessels so as to 
reach the Executive Secretary not later than the end of the next 
reporting period.
    3. Such reports shall specify the month to which each report 
refers.
    4. Immediately after the deadline has passed for receipt of the 
reports for each period, the Executive Secretary shall notify all 
Contracting Parties of the total catch taken during the reporting 
period, the total aggregate catch for the season to date together with 
an estimate of the date upon which the total allowable

[[Page 4093]]

catch is likely to be reached for that season. The estimate shall be 
based on a projection forward of the trend in daily catch rates, 
obtained using linear regression techniques from a number of the most 
recent catch reports.
    5. In the case of finfish, if the estimated date of completion of 
the TAC is within one reporting period of the date on which the 
Secretariat received the report of the catches, the Executive Secretary 
shall inform all Contracting Parties that the fishery will close on 
that estimated day or on the day on which the report was received, 
whichever is the later.

Conservation Measure 23-04 (2000) <SUP>1 2</SUP>

Monthly Fine-Scale Catch and Effort Data Reporting System for Trawl, 
Longline and Pot Fisheries
(Species: all except krill; Area: all; Season: all; Gear: all)

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 31-01, where appropriate.
    This conservation measure is invoked by the conservation measures 
to which it is attached.
    1. Specification of `target species' and `by-catch species' 
referred to in this conservation measure shall be made in the 
conservation measure to which it is attached.
    2. At the end of each month each Contracting Party shall obtain 
from each of its vessels the data required to complete the CCAMLR fine-
scale catch and effort data form (trawl fisheries Form C1, longline 
fisheries Form C2, or pot fisheries Form C5). It shall transmit those 
data in the specified format to the Executive Secretary not later than 
the end of the following month.
    3. The catch of all target and by-catch species must be reported by 
species.
    4. The numbers of seabirds and marine mammals of each species 
caught and released or killed must be reported.
    5. Should a Contracting Party fail to transmit the fine-scale catch 
and effort data to the Executive Secretary in the appropriate form by 
the deadline specified in paragraph 2, the Executive Secretary shall 
issue a reminder to the Contracting Party. If at the end of a further 
two months those data have still not been provided, the Executive 
Secretary shall notify all Contracting Parties of the closure of the 
fishery to vessels of the Contracting Party which has failed to supply 
the data as required.


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

Conservation Measure 23-05 (2000)<SUP>1 2</SUP>

Monthly Fine-Scale Biological Data Reporting System for Trawl, Longline 
and Pot Fisheries
(Species: all except krill; Area: all; Season: all; Gear: all)

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 31-01, where appropriate.
    This conservation measure is invoked by the conservation measures 
to which it is attached.
    1. Specification of `target species' and `by-catch species' 
referred to in this conservation measure shall be made in the 
conservation measure to which it is attached.
    2. At the end of each month each Contracting Party shall obtain 
from each of its vessels representative samples of length composition 
measurements of the target species and by-catch species from the 
fishery (Form B2). It shall transmit those data in the specified form 
to the Executive Secretary not later than the end of the following 
month.
    3. For the purpose of implementing this conservation measure:
    (i) length measurements of fish should be of total length to the 
nearest centimetre below;
    (ii) a representative sample of length composition should be taken 
from each single fine-scale grid rectangle (0.5[deg] latitude by 1[deg] 
longitude) in which fishing occurs. In the event that the vessel moves 
from one fine-scale grid rectangle to another during the course of a 
month, then a separate length composition should be submitted for each 
fine-scale grid rectangle.
    4. Should a Contracting Party fail to transmit the fine-scale 
length composition data to the Executive Secretary in the appropriate 
form by the deadline specified in paragraph 2, the Executive Secretary 
shall issue a reminder to the Contracting Party. If at the end of a 
further two months those data have still not been provided, the 
Executive Secretary shall notify all Contracting Parties of the closure 
of the fishery to vessels of the Contracting Party which has failed to 
supply the data as required.

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

Conservation Measure 23-06 (2005)

Data Reporting System for Krill Fisheries
(Species: krill; Area: all; Season: all; Gear: all)
    1. This conservation measure is invoked by the conservation 
measures to which it is attached.
    2. Catches shall be reported in accordance with the monthly catch 
and effort reporting system set out in Conservation Measure 23-03 
according to the statistical areas, subareas, divisions or any other 
area or unit specified with catch limits in Conservation Measures 51-
01, 51-02 and 51-03.
    3. At the end of each fishing season each Contracting Party shall 
obtain from each of its vessels the haul-by-haul data required to 
complete the CCAMLR fine-scale catch and effort data form (trawl 
fisheries Form C1). It shall transmit those data in the specified 
format to the Executive Secretary not later than 1 April of the 
following year.

Conservation Measure 24-01 (2005)<SUP>1 2</SUP>

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 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.

[[Page 4094]]

    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. A full report shall be provided 
within 12 months.
    (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).

    \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.
BILLING CODE 3510-22-P

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BILLING CODE 3510-22-C

[[Page 4098]]

Conservation measure 24-02 (2005)

Longline weighting for seabird conservation
(Species: seabirds; Area: selected; Season: all; Gear: longline)

    In respect of fisheries in Statistical Subareas 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 4 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 prior to entering the Convention Area, the 
vessel shall, under observation by a scientific observer:
    (i) set a minimum of two longlines 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 all tests 
should be applied midway between weights;
    (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 4 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 
prior to entering the Convention Area 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 prior to entering the Convention Area, the 
vessel shall, under observation by a scientific observer:
    (i) set a minimum of two longlines 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 
all tests should be applied midway between weights;
    (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 4 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 
prior to entering the Convention Area 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.

[[Page 4099]]

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 / (t<INF>2</INF> - t<INF>1</INF>).
    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 prior to entering the Convention Area, the 
vessel shall, under observation by a scientific observer:
    (i) set a minimum of two longlines 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 4 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 
prior to entering the Convention Area 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 (2005) \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 hooklines while deploying longlines. 
Integrated weight (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; weights of at least 8.5 kg 
mass shall be used, spaced at intervals of no more than 40 m, or 
weights of at least 6 kg mass shall be used, spaced at intervals of no 
more than 20 m.
    4. Longlines shall be set at night only (i.e., during the hours of 
darkness between the times of nautical twilight <SUP>4 5</SUP>. During 
longline fishing at night, only the minimum ship's lights necessary for 
safety shall be used.

[[Page 4100]]

    5. 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 implemented to remove fish hooks from offal and fish heads 
prior to discharge.
    6. 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.
    7. 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 the appendix to 
this measure.
    8. 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.
    9. 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.
    10. 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.\6\ 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\ 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.
    \5\ 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).
    \6\ 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.
Appendix to Conservation Measure 25-02
    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 \7\ 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.

    \7\ Plastic tubing should be of a type that is manufactured to 
be protected from ultraviolet radiation.
[GRAPHIC] [TIFF OMITTED] TN29JA07.008


[[Page 4101]]



Conservation Measure 25-03 (2003) \1\

Minimisation of the incidental mortality of seabirds and marine mammals 
in the course of trawl fishing in the Convention Area
(Species: seabirds, marine mammals; Area: all; Season: all; Gear: 
trawl)
The Commission,

    Noting the need to reduce the incidental mortality of or injury to 
seabirds and marine mammals from fishing operations,
    Adopts the following measures to reduce the incidental mortality of 
or injury to seabirds and marine mammals during trawl fishing.
    1. The use of net monitor cables on vessels in the CCAMLR 
Convention Area is prohibited.
    2. Vessels operating within the Convention Area should at all 
times arrange the location and level of lighting so as to minimise 
illumination directed out from the vessel, consistent with the safe 
operation of the vessel.
    3. The discharge of offal shall be prohibited during the 
shooting and hauling of trawl gear.
    4. Nets should be cleaned prior to shooting to remove items that 
might attract birds.
    5. Vessels should adopt shooting and hauling procedures that 
minimise the time that the net is lying on the surface of the water 
with the meshes slack. Net maintenance should, to the extent 
possible, not be carried out with the net in the water.
    6. Vessels should be encouraged to develop gear configurations 
that will minimise the chance of birds encountering the parts of the 
net to which they are most vulnerable. This could include increasing 
the weighting or decreasing the buoyancy of the net so that it sinks 
faster, or placing coloured streamers or other devices over 
particular areas of the net where the mesh sizes create a particular 
danger to birds.
    \1\ Except for waters adjacent to the Kerguelen and Crozet Islands.

Conservation Measure 26-01 (2006)<SUP>1 2</SUP>

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 CCAMLR 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, 
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 31-01 (1986)

Regulation of fishing around South Georgia (Statistical Subarea 48.3)
(Species: target; Area: 48.3; Season: all; Gear: all)

    Without prejudice to other Conservation Measures adopted by the 
Commission, for species upon which fisheries are permitted around South 
Georgia (Statistical Subarea 48.3), the Commission shall, at its 1987 
Meeting, adopt limitations on catch, or equivalent measures, binding 
for the 1987/88 season.
    Such limitations of catch or equivalent measures shall be based 
upon the advice of the Scientific Committee, taking into account any 
data resulting from fishery surveys around South Georgia.
    For each fishing season after 1987/88, the Commission shall 
establish such limitations or other measures, as necessary, around 
South Georgia on a similar basis at the meeting of the Commission 
immediately preceding that season.

Conservation Measure 32-01 (2001)

Fishing seasons
(Species: all; Area: all; Season: all; Gear: all)

    The Commission hereby adopts the following Conservation Measure in 
accordance with Article IX of the Convention:
    The fishing season for all Convention Area species is 1 December to 
30 November of the following year, unless otherwise set in specific 
Conservation Measures.

Conservation Measure 32-02 (1998)

Prohibition of directed fishing for finfish in Statistical Subarea 48.1
(Species: target finfish; Area: 48.1; Season: all; Gear: all)

    Taking of finfish, other than for scientific research purposes, is 
prohibited in Statistical Subarea 48.1 from 7 November 1998 until at 
least such time that a survey of stock biomass is carried out, its 
results reported to and analysed by the Working Group on Fish Stock 
Assessment and a decision that

[[Page 4102]]

the fishery be reopened is made by the Commission based on the advice 
of the Scientific Committee.

Conservation Measure 32-03 (1998)

Prohibition of directed fishing for finfish in Statistical Subarea 48.2
(Species: target finfish; Area: 48.2; Season: all; Gear: all)
    Taking of finfish, other than for scientific research purposes, is 
prohibited in Statistical Subarea48.2 from 7 November 1998 until at 
least such time that a survey of stock biomass is carried out, its 
results reported to and analysed by the Working Group on Fish Stock 
Assessment and a decision that the fishery be reopened is made by the 
Commission based on the advice of the Scientific Committee.

Conservation Measure 32-04 (1986) \1\

Prohibition of directed fishery on Notothenia rossii in the Peninsula 
area (Statistical Subarea 48.1)
(Species: rockcod; Area: 48.1; Season: all; Gear: all)
    The Commission hereby adopts the following Conservation Measure in 
accordance with Article IX of the Convention:
    Directed fishing on Notothenia rossii in the Peninsula area 
(Statistical Area 48.1) is prohibited.
    By-catches of Notothenia rossii in fisheries directed to other 
species shall be kept to the level allowing the optimum recruitment to 
the stock.

    \1\ This Conservation Measure remains in force, but is currently 
encompassed within the provisions in Conservation Measure 32-02.

Conservation Measure 32-05 (1986) \1\

Prohibition of directed fishery on Notothenia rossii around South 
Orkneys (Statistical Subarea 48.2)
(Species: rockcod; Area: 48.2; Season: all; Gear: all)
    The Commission hereby adopts the following Conservation Measure in 
accordance with Article IX of the Convention:
    Directed fishing on Notothenia rossii around South Orkneys 
(Statistical Subarea 48.2) is prohibited.
    By-catches of Notothenia rossii in fisheries directed to other 
species shall be kept to the level allowing the optimum recruitment to 
the stock.

    \1\ This Conservation Measure remains in force, but is currently 
encompassed within the provisions in Conservation Measure 32-03.

Conservation Measure 32-06 (1985)

Prohibition of directed fishery on Notothenia rossii around South 
Georgia (Statistical Subarea 48.3)
(Species: rockcod; Area: 48.3; Season: all; Gear: all)

    1. Directed fishing on Notothenia rossii around South Georgia 
(Statistical Subarea 48.3) is prohibited.
    2. By-catches of Notothenia rossii in fisheries directed to other 
species shall be kept to the level allowing the optimum recruitment to 
the stock.

Conservation Measure 32-07 (1999)

Prohibition of directed fishery on Gobionotothen gibberifrons, 
Chaenocephalus aceratus, Pseudochaenichthys georgianus, Lepidonotothen 
squamifrons and Patagonotothen guntheri in Statistical Subarea 48.3
(Species: target demersal; Area: 48.3; Season: all; Gear: trawl)

    The Commission hereby adopts the following Conservation Measure in 
accordance with Conservation Measure 31-01:
    Directed fishing on Gobionotothen gibberifrons, Chaenocephalus 
aceratus, Pseudochaenichthys georgianus, Lepidonotothen squamifrons and 
Patagonotothen guntheri in Statistical Subarea 48.3 is prohibited until 
a decision that the fishery be reopened is made by the Commission based 
on the advice of the Scientific Committee.

Conservation Measure 32-08 (1997)

Prohibition of directed fishing for Lepidonotothen squamifrons in 
Statistical Division 58.4.4 (Ob and Lena Banks)
(Species: rockcod; Area: 58.4.4; Season: all; Gear: all)

    Directed fishing for Lepidonotothen squamifrons, other than for 
scientific research purposes, is prohibited in Statistical Division 
58.4.4 from 8 November 1997 until at least such time that a survey of 
stock biomass is carried out, its results reported to and analysed by 
the Working Group on Fish Stock Assessment and a decision that the 
fishery be reopened is made by the Commission based on the advice of 
the Scientific Committee.

Conservation Measure 32-09 (2006)

Prohibition of directed fishing for Dissostichus spp. except in 
accordance with specific Conservation Measures in the 2006/07 season
(Species: toothfish; Area: 48.5; Season: 2006/07; 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 2006 to 30 November 2007.

Conservation Measure 32-10 (2002)

Prohibition of directed fishing for Dissostichus spp. in Statistical 
Division 58.4.4 outside areas of national jurisdiction
(Species: toothfish; Area: 58.4.4; Season: all; Gear: all)

    Taking of Dissostichus spp., other than for scientific research 
purposes in accordance with Conservation Measure 24-01, is prohibited 
in Statistical Division 58.4.4 from 1 December 2002. This prohibition 
shall apply until at least such time that a survey of the Dissostichus 
spp. stock in this division is carried out, its results reported to and 
analysed by the Working Group on Fish Stock Assessment and a decision 
that the fishery be reopened is made by the Commission based on the 
advice of the Scientific Committee.

Conservation Measure 32-11 (2002) <SUP>1 2</SUP>

Prohibition of directed fishing for Dissostichus eleginoides in 
Statistical Subarea 58.6
(Species: toothfish; Area: 58.6; Season: all; Gear: all)

    Taking of Dissostichus eleginoides, other than for scientific 
research purposes in accordance with Conservation Measure 24-01, is 
prohibited in Statistical Subarea 58.6 from 1 December 2002. This 
prohibition shall apply until at least such time that a survey of the 
Dissostichus eleginoides stock in this subarea is carried out, its 
results reported to and analysed by the Working Group on Fish Stock 
Assessment and a decision that the fishery be reopened is made by the 
Commission based on the advice of the Scientific Committee.

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

Conservation Measure 32-12 (1998) \1\

Prohibition of directed fishing for Dissostichus eleginoides in 
Statistical Subarea 58.7
(Species: toothfish; Area: 58.7; Season: all; Gear: all)
    Taking of Dissostichus eleginoides, other than for scientific 
research purposes in accordance with Conservation Measure 24-01, is 
prohibited in Statistical Subarea 58.7 from 7 November 1998. This 
prohibition shall apply until at least such time that a survey of the 
Dissostichus eleginoides stock in this subarea is carried out, its 
results reported to and analysed by the Working Group on Fish Stock 
Assessment and a decision that the

[[Page 4103]]

fishery be reopened is made by the Commission based on the advice of 
the Scientific Committee.

    \1\ Except for waters adjacent to the Prince Edward Islands.

Conservation Measure 32-13 (2003)

Prohibition of directed fishing for Dissostichus eleginoides in 
Statistical Division 58.5.1 outside areas of national jurisdiction
(Species: toothfish; Area: 58.5.1; Season: all; Gear: all)
    Taking of Dissostichus eleginoides, other than for scientific 
research purposes in accordance with Conservation Measure 24-01, is 
prohibited in Statistical Division 58.5.1 outside areas of national 
jurisdiction from 1 December 2003. This prohibition shall apply until 
at least such time that a survey of the Dissostichus eleginoides stock 
in this division is carried out, its results reported to and analysed 
by the Working Group on Fish Stock Assessment (WG-FSA) and a decision 
that the fishery be reopened is made by the Commission based on the 
advice of the Scientific Committee.

Conservation Measure 32-14 (2003)

Prohibition of directed fishing for Dissostichus eleginoides in 
Statistical Division 58.5.2 east of 79[deg]20'E and outside the EEZ to 
the west of 79[deg]20'E
(Species: toothfish; Area: 58.5.2; Season: all; Gear: all)

    Taking of Dissostichus eleginoides, other than for scientific 
research purposes in accordance with Conservation Measure 24-01, is 
prohibited in Statistical Division 58.5.2 east of 79[deg]20'E and 
outside the EEZ to the west of 79[deg]20'E from 1 December 2003. This 
prohibition shall apply until at least such time that a survey of the 
Dissostichus eleginoides stock in this division is carried out, its 
results reported to and analysed by the Working Group on Fish Stock 
Assessment (WG-FSA) and a decision that the fishery be reopened is made 
by the Commission based on the advice of the Scientific Committee.

Conservation Measure 32-15 (2003)

Prohibition of directed fishing for Dissostichus spp. in Statistical 
Subarea 88.2 north of 65[deg]S
(Species: toothfish; Area: 88.2; Season: all; Gear: all)

    Taking of Dissostichus spp., other than for scientific research 
purposes in accordance with Conservation Measure 24-01, is prohibited 
in Statistical Subarea 88.2 north of 65[deg]S from 1 December 2003. 
This prohibition shall apply until at least such time that a survey of 
the Dissostichus spp. stock in this subarea is carried out, its results 
reported to and analysed by the Working Group on Fish Stock Assessment 
(WG-FSA) and a decision that the fishery be reopened is made by the 
Commission based on the advice of the Scientific Committee.

Conservation Measure 32-16 (2003)

Prohibition of directed fishing for Dissostichus spp. in Statistical 
Subarea 88.3
(Species: toothfish; Area: 88.3; Season: all; Gear: all)

    Taking of Dissostichus spp., other than for scientific research 
purposes in accordance with Conservation Measure 24-01, is prohibited 
in Statistical Subarea 88.3 from 1 December 2003. This prohibition 
shall apply until at least such time that a survey of the Dissostichus 
spp. stock in this subarea is carried out, its results reported to and 
analysed by the Working Group on Fish Stock Assessment (WG-FSA) and a 
decision that the fishery be reopened is made by the Commission based 
on the advice of the Scientific Committee.

Conservation Measure 32-17 (2003)

Prohibition of directed fishing for Electrona carlsbergi in Statistical 
Subarea 48.3
(Species: lanternfish; Area: 48.3; Season: all; Gear: all)

    Taking of Electrona carlsbergi, other than for scientific research 
purposes in accordance with Conservation Measure 24-01, is prohibited 
in Statistical Subarea 48.3 from 1 December 2003. This prohibition 
shall apply until at least such time that a survey of the Electrona 
carlsbergi stock in this subarea is carried out, its results reported 
to and analysed by the Working Group on Fish Stock Assessment (WG-FSA) 
and a decision that the fishery be reopened is made by the Commission 
based on the advice of the Scientific Committee; or a research plan for 
an exploratory fishery is submitted and approved by the Scientific 
Committee consistent with Conservation Measure 24-01.

Conservation Measure 32-18 (2006)

Conservation of sharks
(Species: sharks; Area: all; Season: all; Gear: all)
The Commission,

    Recalling the aims of the Convention, and particularly its Article 
IX,
    Recognising that the Food and Agriculture Organization of the 
United Nations (FAO), in its International Plan of Action for the 
Conservation and Management of Sharks, requests that States, within the 
framework of their respective competencies and consistent with 
international law, should strive to cooperate through regional 
fisheries management organisations with a view to ensuring the 
sustainability of shark stocks,
    Mindful of the fact that a large number of sharks are caught in 
fisheries operating within the Convention Area and that such catch may 
be unsustainable,
    Bearing in mind, furthermore, that, pending the collection of 
information on the status of shark stocks, it would be appropriate to 
restrict and, if possible, to reduce removals from these stocks,
    Recognising the need to collect data on catches, discards and trade 
in order to manage and conserve sharks, hereby adopts the following 
Conservation Measure, in accordance with Article IX of the Convention:
    1. Directed fishing on shark species in the Convention Area, for 
purposes other than scientific research, is prohibited. This 
prohibition shall apply until such time as the Scientific Committee has 
investigated and reported on the potential impacts of this fishing 
activity and the Commission has agreed on the basis of advice from the 
Scientific Committee that such fishing may occur in the Convention 
Area.
    2. Any by-catch of shark, especially juveniles and gravid females, 
taken accidentally in other fisheries, shall, as far as possible, be 
released alive.

Conservation Measure 33-01 (1995)

Limitation of the by-catch of Gobionotothen gibberifrons, 
Chaenocephalus aceratus, Pseudochaenichthys georgianus, Notothenia 
rossii and Lepidonotothen squamifrons in Statistical Subarea 48.3
(Species: bycatch; Area: 48.3; Season: all; Gear: all)

    This Conservation Measure is adopted in accordance with 
Conservation Measure 31-01: In any directed fishery in Statistical 
Subarea 48.3 in any fishing season, the by-catch of Gobionotothen 
gibberifrons shall not exceed 1,470 tonnes; the by-catch of 
Chaenocephalus aceratus shall not exceed 2,200 tonnes; and the by-catch 
of Pseudochaenichthys georgianus, Notothenia rossii and Lepidonotothen 
squamifrons shall not exceed 300 tonnes each. These limits shall be 
kept under review by the Commission taking into account the advice of 
the Scientific Committee.

Conservation Measure 33-02 (2006)

Limitation of by-catch in Statistical Division 58.5.2 in the 2006/07 
season

[[Page 4104]]

(Species: by-catch; Area: 58.5.2; Season: 2006/07; 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 2006/07 fishing season.
    2. In directed fisheries in Statistical Division 58.5.2 in the 
2006/07 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 (2006) \1\ \2\

Limitation of by-catch in new and exploratory fisheries in the 2006/07 
season
(Species: by-catch; Area: various; Season: 2006/07; Gear: all)

    1. This Conservation Measure applies to new and exploratory 
fisheries in all areas containing small-scale research units (SSRUs) in 
the 2006/07 season, except where specific by-catch Conservation 
Measures apply.
    2. The catch limits for all by-catch species are set out in Annex 
33-03/A. Within these catch limits, the total catch of by-catch species 
in any SSRU or combination of SSRUs as defined in relevant Conservation 
Measures shall not exceed the following limits:
    <bullet> Skates and rays 5% of the catch limit of Dissostichus spp. 
or 50 tonnes whichever is greater;
    <bullet> Macrourus spp. 16% of the catch limit for Dissostichus 
spp. or 20 tonnes, whichever is greater;
    <bullet> 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. 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 \3\ 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 \4\. 
The location where the by-catch exceeded 1 tonne is defined as the path 
\5\ followed by the fishing vessel.
    5. If the catch of Macrourus spp. taken by a single vessel in any 
two 10-day periods \6\ in a single SSRU 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\ 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.
    \4\ 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.
    \5\ 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.
    \6\ 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 Limits for New and Exploratory Fisheries in 2006/07
----------------------------------------------------------------------------------------------------------------
                                                                                          By-catch
                                                             Dissostichus   Skates and  catch limit     Other
                                                              spp. catch       rays      Macrourus     species
      Subarea/ division                   Region                 limit     (tonnes per      spp.     (tonnes per
                                                              (tonnes per    region)    (tonnes per     SSRU)
                                                                region)                   region)
----------------------------------------------------------------------------------------------------------------
48.6........................  north of 60[deg] S...........           455           50           73           20
                              south of 60[deg] S...........           455           50           73           20
58.4.1......................  whole division...............           600           50           96           20
58.4.2......................  whole division...............           780           50          124           20
58.4.3a.....................  whole division...............           250           50           26           20
58.4.3b.....................  whole division...............           300           50          159           20
88.1........................  whole subarea................          3032          152          485           20
88.2........................  south of 65[deg] S...........           547           50           88          20
----------------------------------------------------------------------------------------------------------------
Region: As defined in column 2 of this table.


[[Page 4105]]

    Rules for catch limits for by-catch species:
    Skates and rays: 5% of the catch limit for Dissostichus spp. or 50 
tonnes, which ever is greatest (SC-CAMLR-XXI, paragraph 5.76).
    Macrourus spp.: 16% of the catch limit for Dissostichus spp., 
except in Divisions 58.4.3a and 58.4.3b (SC-CAMLR-XXII, paragraph 
4.207).
    Other species: 20 tonnes per SSRU.

Conservation Measure 41-01 (2006) \1 2\

General measures for exploratory fisheries for Dissostichus spp. in the 
Convention Area in the 2006/07 season
(Species: toothfish; Area: various; Season: 2006/07; 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 mid-point 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. Upon such notification from the Secretariat, all fishing 
gear shall be hauled immediately. 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 2006/07 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 2007 shall be reported to CCAMLR by 30 September 
2007 so that the data will be available to the meeting of the Working 
Group on Fish Stock Assessment (WG-FSA) in 2007. Such data taken after 
31 August 2007 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 Subarea 
88.2.
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;
    (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;
    (viii) Sea and cloud conditions and phase of the moon at the time 
of setting the lines.
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, designated 
`first series', whether by trawl or longline, shall be designated 
`research hauls' and must satisfy the criteria set out in paragraph 4.
    (ii) The next 10 hauls, or 10 tonnes of catch for longlining, 
whichever trigger

[[Page 4106]]

level is achieved first, or 10 tonnes of catch for trawling, are 
designated the `second series'. Hauls in the second series can, at the 
discretion of the master, be fished as part of normal exploratory 
fishing. However, provided they satisfy the requirements of paragraph 
4, these hauls can also be designated as research hauls.
    (iii) On completion of the first and second series of hauls, if the 
master wishes to continue to fish within the SSRU, the vessel must 
undertake a `third series' which will result in a total of 20 research 
hauls being made in all three series. The third series of hauls shall 
be completed during the same visit as the first and second series in an 
SSRU.
    (iv) On completion of 20 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 mid-point of each research haul;
    (ii) Each haul shall comprise: for longlines, at least 3,500 hooks 
and no more than 10,000 hooks; this may comprise a number of separate 
lines set in the same location; for trawls, at least 30 minutes 
effective fishing time as defined in the Draft Manual for Bottom Trawl 
Surveys in the Convention Area (SC-CAMLR-XI, Annex 5, Appendix H, 
Attachment E, paragraph 4);
    (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 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.

       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
                             30[deg] 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.
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   Whole division, from 56[deg] S 73[deg] 10'E,
                             due east to 80[deg] E, due north to 55[deg]
                             S, due east to 86[deg] E, south to 64[deg]
                             S, due west to 73[deg] 10'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.
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.

[[Page 4107]]

 
                        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 169[deg] 30'E,
                             due east to 178[deg] 50'E, due south to
                             80[deg] S, due west to coast, 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.
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.
------------------------------------------------------------------------

                             [GRAPHIC] [TIFF OMITTED] TN29JA07.009
                             
Annex 41-01/C
Tagging Program for Dissostichus SPP. 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 then 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. at 
a rate specified in the Conservation Measure for that fishery 
throughout the season

[[Page 4108]]

according to the CCAMLR Tagging Protocol\1\. Vessels shall only 
discontinue tagging after they have tagged 500 toothfish, or if they 
leave the fishery having tagged toothfish at the specified rate.
    (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) All tags shall be clearly imprinted with a unique serial 
number and a return address so that the origin of tags can be traced in 
the case of recapture of the tagged toothfish\1\. From 1 September 
2007, all tags for use in exploratory fisheries shall be sourced from 
the Secretariat.
    (iv) 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.
    (v) All recaptured tagged fish should be biologically sampled 
(length, weight, sex, gonad stage), an electronic time-stamped 
photograph taken of the fish and tag\2\, 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 www.ccamlr.org).

    \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.
    \2\ For a single trial year (2006/07) observers should take a 
time-stamped photographic record of all tags recovered and forward 
these photographs to the Secretariat.

Conservation Measure 41-02 (2006)

Limits on the fishery for Dissostichus eleginoides in Statistical 
Subarea 48.3 in the 2006/07 season
(Species: toothfish; Area: 48.3; Season: 2006/07; 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 2006/07 season.
    Catch Limit 4. The total catch of Dissostichus eleginoides in 
Statistical Subarea 48.3 in the 2006/07 season shall be limited to 3-
554 tonnes. 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: 1,066 tonnes
Management Area C: 2,488 tonnes

    Season 5. For the purpose of the longline fishery for Dissostichus 
eleginoides in Statistical Subarea 48.3, the 2006/07 season is defined 
as the period from 1 May to 31 August 2007, 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 2006/07 
season is defined as the period from 1 December 2006 to 30 November 
2007, or until the catch limit is reached, whichever is sooner. The 
season for longline fishing operations may be extended to 14 September 
2007 for any vessel which has demonstrated full compliance with 
Conservation Measure 25-02 in the 2005/06 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 2006/07 season shall not 
exceed 177 tonnes for skates and rays and 177 tonnes for Macrourus spp. 
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 in 
the 2006/07 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.
    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. Research fishing under the provisions of Conservation Measure 
24-01 shall be limited to 10 tonnes of catch and to one vessel in 
Management Area

[[Page 4109]]

A shown in the map in Annex 41-02/A during the 2006/07 season.
    16. 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.
Environmental Protection
    17. 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.

[GRAPHIC] [TIFF OMITTED] TN29JA07.010

Conservation Measure 41-03 (2006)

    Limits on the fishery for Dissostichus eleginoides in Statistical 
Subarea 48.4 in the 2005/06, 2006/07 and 2007/08 fishing seasons

(Species: toothfish; Area: 48.4; Season: 2005/06-2007/08; Gear: 
longline)

    Access 1. Directed fishing shall be by longlines only. The use of 
all other methods of directed fishing for Dissostichus eleginoides in 
Statistical Subarea 48.4 shall be prohibited.
    2. For the purpose of this fishery, the area open to fishing is 
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.
    3. A map illustrating the area 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 eleginoides in the 2005/06, 2006/07 
and 2007/08 seasons.
    Catch Limit 4. The total catch of Dissostichus eleginoides in 
Statistical Subarea 48.4 shall be limited to 100 tonnes per season.
    5. Taking of Dissostichus mawsoni, other than for scientific 
research purposes, is prohibited.
    Season 6. For the purposes of the fishery for Dissostichus 
eleginoides in Statistical Subarea 48.4, the fishing season shall be 1 
April to 30 September, or until the catch limit for Dissostichus 
eleginoides in Statistical Subarea 48.4 is reached, whichever is 
sooner.
    Mitigation 7. 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 8. Each vessel participating in the fishery for 
Dissostichus eleginoides 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: Catch/Effort
    9. 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 eleginoides, and `by-catch species' are 
defined as any species other than Dissostichus eleginoides.

[[Page 4110]]

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 Scheme of International Scientific 
Observation.
Tagging Program
    11. Each vessel taking part in the fishery for Dissostichus 
eleginoides 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, 
concentrating in particular on animals in the vulnerable size range 
(6501-000 mm).
Environmental Protection
    12. Conservation Measure 26-01 applies.
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TN29JA07.011

BILLING CODE 3510-22-C

[[Page 4111]]

Conservation Measure 41-04 (2006)

Limits on the exploratory fishery for Dissostichus spp. in Statistical 
Subarea 48.6 in the 2006/07 season
(Species: toothfish; Area: 48.6; Season: 2006/2007; Gear: longline)

    The Commission hereby adopts the following Conservation Measure in 
accordance with Conservation Measure 21-02:
    Access 1. Fishing for Dissosichus spp. in Statistical Subarea 48.6 
shall be limited to the exploratory longline fishery by Japan, Republic 
of Korea, New Zealand and Norway. The fishery shall be conducted by 
Japanese, Korean, New Zealand and Norwegian flagged vessels using 
longlines only. No more than one vessel per country shall fish at any 
one time.
    Catch Limit 2. The total catch of Dissosichus spp. in Statistical 
Subarea 48.6 in the 2006/07 season shall not exceed a precautionary 
catch limit of 455 tonnes north of 60 [deg] S and 455 tonnes south of 
60[deg] S.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissosichus spp. in Statistical Subarea 48.6, the 2006/07 season is 
defined as the period from 1 December 2006 to 30 November 2007.
    By-Catch 4. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-03.
    Mitigation 5. The exploratory longline fishery for Dissosichus spp. 
in Statistical Subarea 48.6 shall be carried out in accordance with the 
provisions of Conservation Measure 25-02, except paragraph 4 (night 
setting), which shall not apply as long as the requirements of 
Conservation Measure 24-02 are met.\1\
    6. Any vessel catching a total of three (3) seabirds shall 
immediately revert to night setting in accordance with Conservation 
Measure 25-02.
    Observers 7. 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
    8. For the purpose of implementing this Conservation Measure in the 
2006/07 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.
    9. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissosichus spp. and by-catch species are defined as 
any species other than Dissosichus spp.
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 Research 
Plan and Tagging Program described in Conservation Measure 41-01, Annex 
B and Annex C respectively.
    12. Toothfish shall be tagged at a rate of at least one fish per 
tonne green weight caught.
Environmental Protection
    13. Conservation Measure 26-01 applies.
    14. There shall be no offal discharge in this fishery.

    \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 2005/06 season and 
into the 2006/07 season, provided that the vessel conducted regular 
longline sink rate testing in 2005/06.

Conservation Measure 41-05 (2006)

Limits on the exploratory fishery for Dissosichus spp. in Statistical 
Division 58.4.2 in the 2006/07 season
(Species: toothfish; Area: 58.4.2; Season: 2006/2007; 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 Dissosichus spp. in Statistical Division 
58.4.2 shall be limited to the exploratory longline fishery by 
Australia, Republic of Korea, Namibia, New Zealand, Spain and Uruguay. 
The fishery shall be conducted by one (1) Australian, three (3) Korean, 
one (1) Namibian, two (2) New Zealand, one (1) Spanish and one (1) 
Uruguayan flagged vessels using longlines only.
    Catch Limit 2. The total catch of Dissosichus spp. in Statistical 
Division 58.4.2 in the 2006/07 season shall not exceed a precautionary 
catch limit of 780 tonnes, of which no more than 260 tonnes shall be 
taken in any one of the five small-scale research units (SSRUs) as 
detailed in Annex B of Conservation Measure 41-01.
    3. Catch limits for each of the SSRUs for Statistical Division 
58.4.2, shall be as follows: A -- 260 tonnes; B -- 0 tonnes; C -- 260 
tonnes; D -- 0 tonnes; E -- 260 tonnes.
    Season 4. For the purpose of the exploratory longline fishery for 
Dissosichus spp. in Statistical Division 58.4.2, the 2006/07 season is 
defined as the period from 1 December 2006 to 30 November 2007.
Fishing Operations
    5. The exploratory longline fishery for Dissosichus spp. in 
Statistical Division 58.4.2 shall be carried out in accordance with the 
provisions of Conservation Measure 41-01, except paragraph 6.
    6. Fishing will be prohibited in depths less than 550 m in order to 
protect benthic communities.
    By-Catch 7. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-03.
    Mitigation 8. The exploratory longline fishery for Dissosichus spp. 
in Statistical Division 58.4.2 shall be carried out in accordance with 
the provisions of Conservation Measure 25-02, except paragraph 4 (night 
setting) shall not apply, providing that vessels comply with 
Conservation Measure 24-02.
    9. Any vessel catching a total of three (3) seabirds shall 
immediately revert to night setting in accordance with Conservation 
Measure 25-02.
    Observers 10. Each vessel participating in the fishery shall have 
at least two scientific observers, one of whom shall be an observer 
appointed in accordance with the CCAMLR Scheme of International 
Scientific Observation, on board throughout all fishing activities 
within the fishing period.
    Research 11. 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.
    12. Toothfish shall be tagged at a rate of at least three fish per 
tonne green weight caught.
Data: Catch/Effort
    13. For the purpose of implementing this Conservation Measure in 
the 2006/07 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

[[Page 4112]]

species is Dissosichus spp. and by-catch species are defined as any 
species other than Dissosichus 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.

Conservation Measure 41-06 (2006)

Limits on the exploratory fishery for Dissostichus spp. on Elan Bank 
(Statistical Division 58.4.3a) outside areas of national jurisdiction 
in the 2006/07 season
(Species: toothfish; Area: 58.4.3a; Season: 2006/2007; 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, Republic of Korea and 
Spain. The fishery shall be conducted by Japanese, Korean and Spanish 
flagged vessels using longlines only. No more than one vessel per 
country shall fish at any one time.
    Catch Limit 2. The total catch of Dissostichus spp. on Elan Bank 
(Statistical Division 58.4.3a) outside areas of national jurisdiction 
in the 2006/07 season shall not exceed a precautionary catch limit of 
250 tonnes.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. on Elan Bank (Statistical Division 58.4.3a) outside 
areas of national jurisdiction, the 2006/07 season is defined as the 
period from 1 May to 31 August 2007, or until the catch limit is 
reached, whichever is sooner.
    By-Catch 4. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-03.
    Mitigation 5. 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.
    6. The fishery on Elan Bank (Statistical Division 58.4.3a) outside 
areas of national jurisdiction, may take place outside the prescribed 
season (paragraph 3) provided that, prior to entry into force of the 
licence and prior to entering the Convention Area, 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.
    7. Should a total of three (3) seabirds be caught by a vessel 
outside the normal season (defined in paragraph 3), the vessel shall 
cease fishing immediately and shall not be permitted to fish outside 
the normal fishing season for the remainder of the 2006/07 fishing 
season.
    Observers 8. Each vessel participating in this fishery shall have 
at least one scientific observer appointed in accordance with the 
CCAMLR Scheme of International Scientific Observation, and where 
possible one additional scientific observer, on board throughout all 
fishing activities within the fishing period.
Data: Catch/Effort
    9. For the purpose of implementing this Conservation Measure in the 
2006/07 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 one fish per 
tonne green weight caught.
Environmental Protection
    14. Conservation Measure 26-01 applies.

Conservation Measure 41-07 (2006)

Limits on the exploratory fishery for Dissostichus spp. on BANZARE Bank 
(Statistical Division 58.4.3b) outside areas of national jurisdiction 
in the 2006/07 season
(Species: toothfish; Area: 58.4.3b; Season: 2006/2007; 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 Australia, Japan, 
Republic of Korea, Namibia, Spain and Uruguay. The fishery shall be 
conducted by Australian, Japanese, Korean, Namibian, Spanish and 
Uruguayan flagged vessels using longlines only. No more than one vessel 
per country shall fish at any one time.
    Catch Limit 2. The total catch of Dissostichus spp. on BANZARE Bank 
(Statistical Division 58.4.3b) outside areas of national jurisdiction 
in the 2006/07 season shall not exceed a precautionary catch limit of 
300 tonnes.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. on BANZARE Bank (Statistical Division 58.4.3b) 
outside areas of national jurisdiction, the 2006/07 season is defined 
as the period from 1 May to 31 August 2007, or until the catch limit is 
reached, whichever is sooner.
    By-Catch 4. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-03.
    Mitigation 5. 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.
    6. The fishery on BANZARE Bank (Statistical Division 58.4.3b) 
outside areas of national jurisdiction, may take place outside the 
prescribed season (paragraph 3) provided that, prior to entry into 
force of the licence and prior to entering the Convention Area, 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.
    7. Should a total of three (3) seabirds be caught by a vessel 
outside the normal season (defined in paragraph 3), the vessel shall 
cease fishing immediately and shall not be permitted to fish outside 
the normal fishing season for the remainder of the 2006/07 fishing 
season.
    Observers 8. Each vessel participating in this fishery shall have 
at least one scientific observer appointed in accordance with the 
CCAMLR

[[Page 4113]]

Scheme of International Scientific Observation, and where possible one 
additional scientific observer, on board throughout all fishing 
activities within the fishing period.
Data: Catch/Effort
    9. For the purpose of implementing this Conservation Measure in the 
2006/07 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 one fish per 
tonne green weight caught.
Environmental Protection
    14. Conservation Measure 26-01 applies.

Conservation Measure 41-08 (2006)

Limits on the fishery for Dissostichus eleginoides in Statistical 
Division 58.5.2 in the 2006/07 season
(Species: toothfish; Area: 58.5.2; Season: 2006/2007; 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 2006/07 season shall be limited to 
2,427 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 2006/07 
season is defined as the period from 1 December 2006 to 30 November 
2007, 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 2006/07 season is defined as the 
period from 1 May to 31 August 2007, 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 1 September to 
30 September 2007 for any vessel which has demonstrated full compliance 
with Conservation Measure 25-02 in the 2005/06 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 operation of the longline fishery shall be carried out in 
accordance with Conservation Measure 25-02, except paragraph 4 (night 
setting) shall not apply for vessels using integrated weighted lines 
(IWLs) during the period 1 May to 30 September. Such vessels may deploy 
IWL gear during daylight hours if, prior to entry into force of the 
licence and prior to entering the Convention Area, 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, 
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 
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
Data Reporting System
    A ten-day catch and effort reporting system shall be implemented:
    (i) for the purpose of implementing this system, the calendar month 
shall be divided into three reporting periods, viz: day 1 to day 10, 
day 11 to day 20 and day 21 to the last day of the month. The reporting 
periods are hereafter referred to as periods A, B and C;
    (ii) at the end of each reporting period, each Contracting Party 
participating in the fishery shall obtain from each of its vessels 
information on total catch and total days and hours fished for that 
period and shall, by cable, telex, facsimile or electronic 
transmission, transmit the aggregated catch and days and hours fished 
for its vessels so as to reach the Executive Secretary no later than 
the end of the next reporting period;
    (iii) a report must be submitted by every Contracting Party taking 
part in the fishery for each reporting period for the duration of the 
fishery, even if no catches are taken;
    (iv) the catch of Dissostichus eleginoides and of all by-catch 
species must be reported;
    (v) such reports shall specify the month and reporting period (A, B 
and C) to which each report refers;
    (vi) immediately after the deadline has passed for receipt of the 
reports for each period, the Executive Secretary shall notify all 
Contracting Parties engaged in fishing activities in the division of 
the total catch taken during

[[Page 4114]]

the reporting period and the total aggregate catch for the season to 
date;
    (vii) at the end of every three reporting periods, the Executive 
Secretary shall inform all Contracting Parties of the total catch taken 
during the three most recent reporting periods and the total aggregate 
catch for the season to date.
    A fine-scale catch, effort and biological data reporting system 
shall be implemented:
    (i) the scientific observer(s) aboard each vessel shall collect the 
data required to complete the CCAMLR fine-scale catch and effort data 
form C1 for trawl fishing, form C2 for longline fishing, or form C5 for 
pot fishing, latest versions. These data shall be submitted to the 
CCAMLR Secretariat not later than one month after the vessel returns to 
port;
    (ii) the catch of Dissostichus eleginoides and of all by-catch 
species must be reported;
    (iii) the numbers of seabirds and marine mammals of each species 
caught and released or killed must be reported;
    (iv) the scientific observer(s) aboard each vessel shall collect 
data on the length composition from representative samples of 
Dissostichus eleginoides and by-catch species:
    (a) length measurements shall be to the nearest centimetre below;
    (b) representative samples of length composition shall be taken 
from each fine-scale grid rectangle (0.5[deg] latitude by 1[deg] 
longitude) fished in each calendar month;
    (v) the above data shall be submitted to the CCAMLR Secretariat not 
later than one month after the vessel returns to port.

Conservation Measure 41-09 (2006)

Limits on the exploratory fishery for Dissostichus spp. in Statistical 
Subarea 88.1 in the 2006/07 season
(Species: toothfish; Area: 88.1; Season: 2006/2007; 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 88.1 
shall be limited to the exploratory longline fishery by Argentina, 
Republic of Korea, New Zealand, Norway, Russia, South Africa, Spain, UK 
and Uruguay. The fishery shall be conducted by a maximum in the season 
of two (2) Argentine, three (3) Korean, four (4) New Zealand, one (1) 
Norwegian, two (2) Russian, one (1) South African, one (1) Spanish, two 
(2) UK and five (5) Uruguayan flagged vessels using longlines only.
    Catch Limit 2. The total catch of Dissostichus spp. in Statistical 
Subarea 88.1 in the 2006/07 season shall not exceed a precautionary 
catch limit of 3,032 tonnes applied as follows:

SSRU A--0 tonnes
SSRUs B, C and G--356 tonnes total
SSRU D--0 tonnes
SSRU E--0 tonnes
SSRU F--0 tonnes
SSRUs H, I and K--1,936 tonnes total
SSRU J --564 tonnes
SSRU L--176 tonnes.

    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Subarea 88.1, the 2006/07 season is 
defined as the period from 1 December 2006 to 31 August 2007.
Fishing Operations
    4. 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 5. The total by-catch in Statistical Subarea 88.1 in the 
2006/07 season shall not exceed a precautionary catch limit of 152 
tonnes of skates and rays, and 485 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, 57 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--97 tonnes of skates and rays, 310 tonnes of 
Macrourus spp., 60 tonnes of other species
SSRU J--50 tonnes of skates and rays, 90 tonnes of Macrourus spp., 20 
tonnes of other species
SSRU L--50 tonnes of skates and rays, 28 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 6. 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 4 
(night setting), which shall not apply as long as the requirements of 
Conservation Measure 24-02 are met.
    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.
    VMS 9. 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 10. 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 11. 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.
    12. Research fishing under Conservation Measure 24-01 shall be 
limited to 10 tonnes of Dissostichus spp. green weight and a single 
vessel in each of SSRUs A, D, E and F during the 2006/07 season. 
Catches of Dissostichus spp. taken in SSRUs A, D, E and F under the 
provisions of Conservation Measure 24-01 shall not be considered as 
part of the catch limit for Statistical Subarea 88.1.
    13. Toothfish shall be tagged at a rate of at least one fish per 
tonne green weight caught in each SSRU, except in SSRUs A, D, E and F 
where, under the 10-tonne research fishing limit, toothfish shall be 
tagged at a rate of at least three fish per tonne green weight caught.
Data: Catch/Effort
    14. For the purpose of implementing this Conservation Measure in 
the 2006/07 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.
    15. 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
    16. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in

[[Page 4115]]

accordance with the CCAMLR Scheme of International Scientific 
Observation.
Environmental Protection
    17. Conservation Measure 26-01 applies.
Additional Elements
    18. 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 (2006)

Limits on the exploratory fishery for Dissostichus spp. in Statistical 
Subarea 88.2 in the 2006/07 season
(Species: toothfish; Area: 88.2; Season: 2006/2007; 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 88.2 
shall be limited to the exploratory longline fishery by Argentina, New 
Zealand, Norway, Russia, Spain, UK and Uruguay. The fishery shall be 
conducted by a maximum in the season of two (2) Argentine, four (4) New 
Zealand, one (1) Norwegian, two (2) Russian, one (1) Spanish, two (2) 
UK and four (4) Uruguayan flagged vessels using longlines only.
    Catch Limit 2. The total catch of Dissostichus spp. in Statistical 
Subarea 88.2 south of 65[deg]S in the 2006/07 season shall not exceed a 
precautionary catch limit of 547 tonnes applied as follows:

SSRU A--0 tonnes
SSRU B--0 tonnes
SSRUs C, D, F and G--206 tonnes total
SSRU E--341 tonnes.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Subarea 88.2, the 2006/07 season is 
defined as the period from 1 December 2006 to 31 August 2007.
    4. The exploratory longline fishery for Dissostichus spp. in 
Statistical Subarea 88.2 shall be carried out in accordance with the 
provisions of Conservation Measure 41-01, except paragraph 6.
    By-Catch 5. The total by-catch in Statistical Subarea 88.2 in the 
2006/07 season shall not exceed a precautionary catch limit of 50 
tonnes of skates and rays, and 88 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, 33 tonnes of Macrourus 
spp., 20 tonnes of other species in any SSRU
SSRU E--50 tonnes of skates and rays, 55 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 6. The exploratory longline fishery for Dissostichus 
spp. in Statistical Subarea 88.2 shall be carried out in accordance 
with the provisions of Conservation Measure 25-02, except paragraph 4 
(night setting), which shall not apply as long as the requirements of 
Conservation Measure 24-02 are met.
    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.
    VMS 9. 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 10. 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 11. 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.
    12. Research fishing under Conservation Measure 24-01 shall be 
limited to 10 tonnes of Dissostichus spp. green weight and a single 
vessel in each of SSRUs A and B during the 2006/07 season. Catches of 
Dissostichus spp. taken under the provisions of Conservation Measure 
24-01 shall not be considered as part of the catch limit for Subarea 
88.2.
    13. Toothfish shall be tagged at a rate of at least one fish per 
tonne green weight caught in each SSRU, except in SSRUs A and B where, 
under the 10-tonne research fishing limit, toothfish shall be tagged at 
a rate of at least three fish per tonne green weight caught.
Data: Catch/Effort
    14. For the purpose of implementing this Conservation Measure in 
the 2006/07 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.
    15. 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
    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 CCAMLR Scheme of International 
Scientific Observation.
Environmental Protection
    17. Conservation Measure 26-01 applies.

Conservation Measure 41-11 (2006)

Limits on the exploratory fishery for Dissostichus spp. in Statistical 
Division 58.4.1 in the 2006/07 season
(Species: toothfish; Area: 58.4.1; Season: 2006/2007; 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 
Australia, Republic of Korea, Namibia, New Zealand, Spain and Uruguay. 
The fishery shall be conducted by one (1) Australian, two (2) Korean, 
one (1) Namibian, three (3) New Zealand, one (1) Spanish and one (1) 
Uruguayan flagged vessels using longlines only.
    Catch Limit 2. The total catch of Dissostichus spp. in Statistical 
Division 58.4.1 in the 2006/07 season shall not exceed a precautionary 
catch limit of 600 tonnes, of which no more than 200 tonnes shall be 
taken in any one of the eight small-scale research units (SSRUs) as 
detailed in Annex B of Conservation Measure 41-01.
    3. Catch limits for each of the SSRUs for Statistical Division 
58.4.1, shall be as follows: A--0 tonnes; B--0 tonnes; C--200 tonnes; 
D--0 tonnes; E--200 tonnes; F--0 tonnes; G--200 tonnes; H--0 tonnes.
    Season 4. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Division 58.4.1, the 2006/07 season is 
defined as

[[Page 4116]]

the period from 1 December 2006 to 30 November 2007.
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.
    6. Fishing will be prohibited in depths less than 550 m in order to 
protect benthic communities.
    By-catch 7. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-03.
    Mitigation 8. 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 4 
(night setting) shall not apply, providing that vessels comply with 
Conservation Measure 24-02.
    9. Any vessel catching a total of three (3) seabirds shall 
immediately revert to night setting in accordance with Conservation 
Measure 25-02.
    Observers 10. Each vessel participating in the fishery shall have 
at least two scientific observers, one of whom shall be an observer 
appointed in accordance with the CCAMLR Scheme of International 
Scientific Observation, on board throughout all fishing activities 
within the fishing period.
    Research 11. 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.
    12. Toothfish shall be tagged at a rate of at least three fish per 
tonne green weight caught.
Data: Catch/Effort
    13. For the purpose of implementing this Conservation Measure in 
the 2006/07 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. There shall be no offal discharge in this fishery.

Conservation Measure 42-01 (2006)

Limits on the fishery for Champsocephalus gunnari in Statistical 
Subarea 48.3 in the 2006/07 season
(Species: icefish; Area: 48.3; Season: 2006/2007; 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 (spawning period).
    Catch Limit 3. The total catch of Champsocephalus gunnari in 
Statistical Subarea 48.3 in the 2006/07 season shall be limited to 4 
337 tonnes. The total catch of Champsocephalus gunnari taken in the 
period 1 March to 31 May shall be limited to 1,084 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 2006/07 season is defined as 
the period from 15 November 2006 to 14 November 2007, 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
    <bullet> is greater than 100 kg and exceeds 5% of the total catch 
of all fish by weight, or
    <bullet> 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 
are encouraged to use net binding \3\ as a means to reduce seabird 
interactions.
    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 2006/07 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 2006/07 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

[[Page 4117]]

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 operating in this fishery during the 
period 1 March to 31 May 2007 shall conduct twenty (20) research trawls 
in the manner described in Annex 42-01/A.
Environmental Protection
    14. 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\ See SC-CAMLR-XXV, Annex 5, Appendix D, paragraph 59 for 
guidelines for net binding.
Annex 42-01/A
Research Trawls During Spawning Season
    1. All fishing vessels taking part in the fishery for 
Champsocephalus gunnari in Statistical Subarea 48.3 between 1 March and 
31 May shall be required to conduct a minimum of 20 research hauls, to 
be completed during that period. Twelve research hauls shall be carried 
out in the Shag Rocks-Black Rocks area. These shall be distributed 
between the four sectors illustrated in Figure 1: Four each in the NW 
and SE sectors, and two each in the NE and SW sectors. A further eight 
research hauls shall be conducted on the northwestern shelf of South 
Georgia over water less than 300 m deep, as illustrated in Figure 1.
    2. Each research haul must be at least 5 n miles distant from all 
others. The spacing of stations is intended to be such that both areas 
are adequately covered in order to provide information on the length, 
sex, maturity and weight composition of Champsocephalus gunnari.
    3. If concentrations of fish are located en route to South Georgia, 
they should be fished in addition to the research hauls.
    4. The duration of research hauls must be of a minimum of 30 
minutes with the net at fishing depth. During the day, the net must be 
fished close to the bottom.
    5. The catch of all research hauls shall be sampled by the 
international scientific observer on board. Samples should aim to 
comprise at least 100 fish, sampled using standard random sampling 
techniques. All fish in the sample should be at least examined for 
length, sex and maturity determination, and where possible, weight. 
More fish should be examined if the catch is large and time permits.
[GRAPHIC] [TIFF OMITTED] TN29JA07.012

Conservation Measure 42-02 (2006)

Limits on the fishery for Champsocephalus gunnari in Statistical 
Division 58.5.2 in the 2006/07 season
(Species: icefish; Area: 58.5.2; Season: 2006/2007; 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[min]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[min]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[min]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[min]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 2006/07 season shall be limited to 
42 tonnes.

[[Page 4118]]

    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 2006/07 season is defined 
as the period from 1 December 2006 to 30 November 2007, 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 2006/07 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.

    \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.
BILLING CODE 3510-22-P

[[Page 4119]]

[GRAPHIC] [TIFF OMITTED] TN29JA07.013

BILLING CODE 3510-22-C
Annex 42-02/B
Data Reporting System
    A ten-day catch and effort reporting system shall be implemented:
    (i) for the purpose of implementing this system, the calendar month 
shall be divided into three reporting periods, viz: day 1 to day 10, 
day 11 to day 20 and day 21 to the last day of the month. The reporting 
periods are hereafter referred to as periods A, B and C;
    (ii) at the end of each reporting period, each Contracting Party 
participating in the fishery shall obtain from each of its vessels 
information on total catch and total days and hours fished for that 
period and shall, by cable, telex, facsimile or electronic 
transmission, transmit the aggregated catch and days and hours fished 
for its vessels so as to reach the Executive Secretary no later than 
the end of the next reporting period;
    (iii) a report must be submitted by every Contracting Party taking 
part in the fishery for each reporting period for the duration of the 
fishery, even if no catches are taken;

[[Page 4120]]

    (iv) the catch of Champsocephalus gunnari and of all by-catch 
species must be reported;
    (v) such reports shall specify the month and reporting period (A, B 
and C) to which each report refers;
    (vi) immediately after the deadline has passed for receipt of the 
reports for each period, the Executive Secretary shall notify all 
Contracting Parties engaged in fishing activities in the division of 
the total catch taken during the reporting period and the total 
aggregate catch for the season to date;
    (vii) at the end of every three reporting periods, the Executive 
Secretary shall inform all Contracting Parties of the total catch taken 
during the three most recent reporting periods and the total aggregate 
catch for the season to date.
    A fine-scale catch, effort and biological data reporting system 
shall be implemented:
    (i) the scientific observer(s) aboard each vessel shall collect the 
data required to complete the CCAMLR fine-scale catch and effort data 
form C1, latest version. These data shall be submitted to the CCAMLR 
Secretariat not later than one month after the vessel returns to port;
    (ii) the catch of Champsocephalus gunnari and of all by-catch 
species must be reported;
    (iii) the numbers of seabirds and marine mammals of each species 
caught and released or killed must be reported;
    (iv) the scientific observer(s) aboard each vessel shall collect 
data on the length composition from representative samples of 
Champsocephalus gunnari and by-catch species:
    (a) length measurements shall be to the nearest centimetre below;
    (b) representative samples of length composition shall be taken 
from each fine-scale grid rectangle (0.5[deg] latitude by 1[deg] 
longitude) fished in each calendar month;
    (v) the above data shall be submitted to the CCAMLR Secretariat not 
later than one month after the vessel returns to port.

Conservation Measure 51-01 (2006)

Precautionary catch limitations on Euphausia superba in Statistical 
Area 48
(Species: krill; Area: 48; Season: all; Gear: trawl)

    Catch Limit 1. The total catch of Euphausia superba in Statistical 
Area 48 shall be limited to 4.0 million tonnes in any fishing season.
    2. The total catch shall be further subdivided into statistical 
subareas as follows:

Subarea 48.1--1.008 million tonnes
Subarea 48.2--1.104 million tonnes
Subarea 48.3--1.056 million tonnes
Subarea 48.4--0.832 million tonnes

    3. Precautionary catch limits to be agreed by the Commission on the 
basis of advice of the Scientific Committee shall be applied to smaller 
management units, or on such other basis as the Scientific Committee 
may advise, if the total catch in Statistical Area 48 in any fishing 
season exceeds 620,000 tonnes.
    4. This measure shall be kept under review by the Commission, 
taking into account the advice of the Scientific Committee.
    Season 5. A fishing season begins on 1 December and finishes on 30 
November of the following year.
    Data 6. For the purpose of implementing this Conservation Measure, 
the data requirements set out in Conservation Measure 23-06 shall 
apply.
Environmental Protection
    7. Conservation Measure 26-01 applies.

Conservation Measure 51-02 (2006)

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

    Catch Limit 1. The total catch of Euphausia superba in Statistical 
Division 58.4.1 shall be limited to 440,000 tonnes in any fishing 
season.
    2. The total catch shall be further subdivided into two 
subdivisions within Statistical Division 58.4.1 as follows: west of 
115[deg] E, 277,000 tonnes; and east of 115[deg] E, 163,000 tonnes.
    3. This measure shall be kept under review by the Commission, 
taking into account the advice of the Scientific Committee.
    Season 4. A fishing season begins on 1 December and finishes on 30 
November the following year.
    Data 5. For the purposes of implementing this Conservation Measure, 
the data requirements set out in Conservation Measure 23-06 shall 
apply.
Environmental Protection
    6. Conservation Measure 26-01 applies.

Conservation Measure 51-03 (2006)

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

    Catch Limit 1. The total catch of Euphausia superba in Statistical 
Division 58.4.2 shall be limited to 450,000 tonnes in any fishing 
season. This limit shall be kept under review by the Commission, taking 
into account the advice of the Scientific Committee.
    Season 2. A fishing season begins on 1 December and finishes on 30 
November of the following year.
    Data 3. For the purposes of implementing this Conservation Measure, 
the data requirements set out in Conservation Measure 23-06 shall 
apply.
Environmental Protection
    4. Conservation Measure 26-01 applies.

Conservation Measure 52-01 (2006)

Limits on the fishery for crab in Statistical Subarea 48.3 in the 2006/
07 season
(Species: crab; Area: 48.3; Season: 2006/07; 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 fishing operations plan of the vessel that 
the Member has authorised to participate in the crab fishery.
    Catch Limit 4. The total catch of crab in Statistical Subarea 48.3 
in the 2006/07 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 2006/07 season is defined as the period 
from 1 December 2006 to 30 November 2007, or until the catch limit is 
reached, whichever is sooner.

[[Page 4121]]

    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 
2006/07 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 Conservation Measure 52-02. Data collected for the 
period up to 31 August 2007 shall be reported to CCAMLR by 30 September 
2007 so that the data will be available to the meeting of the Working 
Group on Fish Stock Assessment (WG-FSA) in 2007. Such data collected 
after 31 August 2007 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 on the Crab Fishery in Statistical Subarea 48.3
Catch and Effort Data:
Cruise Descriptions
    Cruise code, vessel code, permit number, year.
Pot Descriptions
    Diagrams and other information, including pot shape, dimensions, 
mesh size, funnel position, aperture and orientation, number of 
chambers, presence of an escape port.
Effort Descriptions
    Date, time, latitude and longitude of the start of the set, compass 
bearing of the set, total number of pots set, spacing of pots on the 
line, number of pots lost, depth, soak time, bait type.
Catch Descriptions
    Retained catch in numbers and weight, by-catch of all species (see 
Table 1), incremental record number for linking with sample 
information.

        Table 1.--Data Requirements for By-Catch Species in the Crab Fishery in Statistical Subarea 48.3
----------------------------------------------------------------------------------------------------------------
                   Species                                             Data requirements
----------------------------------------------------------------------------------------------------------------
Dissostichus eleginoides....................  Numbers and estimated total weight.
Notothenia rossii...........................  Numbers and estimated total weight.
Other species...............................  Estimated total weight.
----------------------------------------------------------------------------------------------------------------

    Biological Data:
    For these data, crabs are to be sampled from the line hauled just 
prior to noon, by collecting the entire contents of a number of pots 
spaced at intervals along the line so that between 35 and 50 specimens 
are represented in the subsample.
Cruise Descriptions
    Cruise code, vessel code, permit number.
Sample Descriptions
    Date, position at start of the set, compass bearing of the set, 
line number.
Data
    Species, sex, length of at least 35 individuals, presence/absence 
of rhizocephalan parasites, record of the destination of the crab 
(kept, discarded, destroyed), record of the pot number from which the 
crab comes.

Conservation Measure 52-02 (2006)

Experimental harvest regime for the crab fishery in Statistical Subarea 
48.3 in the 2006/07 season
(Species: crab; Area: 48.3; Season: 2006/07; Gear: pot)

    The following measures apply to all crab fishing within Statistical 
Subarea 48.3 in the 2006/07 fishing season. Every vessel participating 
in the crab fishery in Statistical Subarea 48.3 shall conduct fishing 
operations in accordance with an experimental harvest regime as 
outlined below:
    1. Vessels shall conduct the experimental harvest regime in the 
2006/07 season at the start of their first season of participation in 
the crab fishery and the following conditions shall apply:
    (i) every vessel when undertaking an experimental harvesting regime 
shall expend its first 200,000 pot hours of effort within a total area 
delineated by twelve blocks of 0.5[deg] latitude by 1.0[deg] longitude. 
For the purposes of this Conservation Measure, these blocks shall be 
numbered A to L. In Annex 52-02/A, 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

[[Page 4122]]

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 2007 shall be submitted to CCAMLR by 31 August 2007.
    3. Normal fishing operations shall be conducted in accordance with 
the regulations set out in Conservation Measure 52-01.
    4. For the purposes of implementing normal fishing operations after 
completion of the experimental harvest regime, the Ten-day Catch and 
Effort Reporting System set out in Conservation Measure 23-02 shall 
apply.
    5. Vessels that complete experimental harvest regime shall not be 
required to conduct experimental fishing in future seasons. However, 
these vessels shall abide by the guidelines set forth in Conservation 
Measure 52-01.
    6. Fishing vessels shall participate in the experimental harvest 
regime independently (i.e. vessels may not cooperate to complete phases 
of the experiment).
    7. Crabs taken by any vessel for research purposes will be 
considered as part of any catch limits in force for each species taken, 
and shall be reported to CCAMLR as part of the annual STATLANT returns.
    8. All vessels participating in the experimental harvest regime 
shall carry at least one scientific observer on board during all 
fishing activities.
[GRAPHIC] [TIFF OMITTED] TN29JA07.014

Conservation Measure 61-01 (2006)

Limits on the exploratory fishery for Martialia hyadesi in Statistical 
Subarea 48.3 in the 2006/07 season
(Species: squid; Area: 48.3; Season: 2006/07; 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 2006/07 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 2006/07 season is 
defined as the period from 1 December 2006 to 30 November 2007, 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 
2006/07 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.
    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 2007 shall be reported to CCAMLR by 30 September 
2007 so that the data will be available to the meeting of the

[[Page 4123]]

Working Group on Fish Stock Assessment (WG-FSA) in 2007.
Environmental Protection
    9. Conservation Measure 26-01 applies.
Annex 61-01/A
Data Collection Plan for Exploratory Squid (Martialia Hyadesi) 
Fisheries in Statistical Subarea 48.3
    1. All vessels will comply with conditions set by CCAMLR. These 
include data required to complete the data form (Form TAC) for the Ten-
day Catch and Effort Reporting System, as specified by Conservation 
Measure 23-02; and data required to complete the CCAMLR standard fine-
scale catch and effort data form for a squid jig fishery (Form C3). 
This includes numbers of seabirds and marine mammals of each species 
caught and released or killed.
    2. All data required by the CCAMLR Scientific Observers Manual for 
squid fisheries will be collected. These include:
    (i) vessel and observer program details (Form S1)
    (ii) catch information (Form S2)
    (iii) biological data (Form S3).

Conservation Measure 91-01 (2004)

Procedure for according protection to CEMP sites
(Species: all; Area: general)
The Commission,

    Bearing in mind that the Scientific Committee has established a 
system of sites contributing data to the CCAMLR Ecosystem Monitoring 
Program (CEMP), and that additions may be made to this system in the 
future,
    Recalling that it is not the purpose of the protection accorded to 
CEMP sites to restrict fishing activity in adjacent waters,
    Recognising that studies being undertaken at CEMP sites may be 
vulnerable to accidental or wilful interference,
    Concerned, therefore, to provide protection for CEMP sites, 
scientific investigations and the Antarctic marine living resources 
therein, in cases where a Member or Members of the Commission 
conducting or planning to conduct CEMP studies believes such protection 
to be desirable,

hereby adopts the following Conservation Measure in accordance with 
Article IX of the Convention:
    1. In cases where a Member or Members of the Commission conducting, 
or planning to conduct, CEMP studies at a CEMP site believe it 
desirable that protection should be accorded to the site, it, or they, 
shall prepare a draft management plan in accordance with Annex A to 
this Conservation Measure.
    2. Each such draft management plan shall be sent to the Executive 
Secretary for transmission to all Members of the Commission for their 
consideration at least three months before its consideration by WG-EMM.
    3. The draft management plan shall be considered in turn by WG-EMM, 
the Scientific Committee and the Commission. In consultation with the 
Member or Members of the Commission which drew up the draft management 
plan, it may be amended by any of these bodies. If a draft management 
plan is amended by either WG-EMM or the Scientific Committee, it shall 
be passed on in its amended form either to the Scientific Committee or 
to the Commission as the case may be.
    4. If, following completion of the procedures outlined in 
paragraphs 1 to 3 above, the Commission considers it appropriate to 
accord the desired protection to the CEMP site, the Commission shall 
adopt a Resolution calling on Members to comply, on a voluntary basis, 
with the provisions of the draft management plan, pending the 
conclusion of action in accordance with paragraphs 5 to 8 below.
    5. The Executive Secretary shall communicate such a Resolution to 
SCAR, the Antarctic Treaty Consultative Parties and, if appropriate, 
the Contracting Parties to other components of the Antarctic Treaty 
System which are in force.
    6. Unless, before the opening date of the next regular meeting of 
the Commission, the Executive Secretary has received:
    (i) an indication from an Antarctic Treaty Consultative Party that 
it desires the resolution to be considered at a Consultative Meeting; 
or
    (ii) an objection from any other quarter referred to in paragraph 5 
above; the Commission may, by means of a Conservation Measure, confirm 
its adoption of the management plan for the CEMP site and shall include 
the management plan in Annex 91-01/A of that Conservation Measure.
    7. In the event that an Antarctic Treaty Consultative Party has 
indicated its desire for the Resolution to be considered at a 
Consultative Meeting, the Commission shall await the outcome of such 
consideration, and may then proceed accordingly.
    8. If objection is received in accordance with paragraphs 6(ii) or 
7 above, the Commission may institute such consultations as it may deem 
appropriate to achieve the necessary protection and to avoid 
interference with the achievement of the principles and purposes of, 
and measures approved under, the Antarctic Treaty and other components 
of the Antarctic Treaty System which are in force.
    9. The management plan of any site may be amended by decision of 
the Commission. In such cases full account shall be taken of the advice 
of the Scientific Committee. Any amendment which increases the area of 
the site or adds to categories or types of activities that would 
jeopardise the objectives of the site shall be subject to the 
procedures set out in paragraphs 5 to 8 above.
    10. Entry into a CEMP site described by a Conservation Measure 
shall be prohibited except for the purposes authorised in the relevant 
management plan for the site and in accordance with a permit issued 
under paragraph 11.
    11. Each Contracting Party shall, as appropriate, issue permits 
authorising its nationals to carry out activities consistent with the 
provisions of the management plans for CEMP sites and shall take such 
other measures, within its competence, as may be necessary to ensure 
that its nationals comply with the management plans for such sites.
    12. Copies of such permits shall be sent to the Executive Secretary 
as soon as practical after they are issued. Each year the Executive 
Secretary shall provide the Commission and the Scientific Committee 
with a brief description of the permits that have been issued by the 
Parties. In cases where permits are issued for purposes not directly 
related to the conduct of CEMP studies at the site in question, the 
Executive Secretary shall forward a copy of the permit to the Member or 
Members of the Commission conducting CEMP studies at that site.
    13. Each management plan shall be reviewed every five years by WG-
EMM and the Scientific Committee to determine whether it requires 
revision and whether continued protection is necessary. The Commission 
may then act accordingly.
Annex 91-01/A
Information To Be Included in Management Plans for CEMP Sites
A. Geographical Information
    1. A description of the site, and any buffer zone within the site, 
including:
1.1 geographical coordinates
1.2 natural features, including those that define the site
1.3 boundary markers
1.4 access points (pedestrian, vehicular, airborne, sea-borne)
1.5 pedestrian and vehicular routes
1.6 preferred anchorages

[[Page 4124]]

1.7 location of structures within the site
1.8 restricted areas within the site
1.9 location of nearby scientific stations or other facilities
1.10 location of areas or sites, in or near the site, which have been 
accorded protected status in accordance with measures adopted under the 
Antarctic Treaty or other components of the Antarctic Treaty System 
that are in force.

    2. Maps, including the following elements where appropriate:

2.1 Essential features
    2.1.1 Title
    2.1.2 Latitude and longitude
    2.1.3 Scale bar with numerical scale
    2.1.4 Comprehensive legend
    2.1.5 Adequate and approved place names
    2.1.6 Map projection and spheroid modification (indicate beneath 
the scale bar)
    2.1.7 North arrow
    2.1.8 Contour interval
    2.1.9 Date of map preparation
    2.1.10 Map preparer
    2.1.11 Date of image collection (where applicable)

2.2 Essential topographical features
    2.2.1 Coastline, rock, and ice
    2.2.2 Peaks and ridgelines
    2.2.3 Ice margins and other glacial features, clear delineation 
between ice/snow and ice-free ground; if glacial features are part of 
the boundary, date of survey should be indicated
    2.2.4 Contours (labelled as appropriate), survey points, and spot 
heights
    2.2.5 Bathymetric contours of marine areas, with relevant bottom 
features if known

2.3 Natural features
    2.3.1 Lakes, ponds, and streams
    2.3.2 Moraines, screes, cliffs, beaches
    2.3.3 Beach areas
    2.3.4 Bird and seal concentrations or breeding colonies
    2.3.5 Extensive areas of vegetation
    2.3.6 Wildlife access areas to the sea

2.4 Anthropogenic features
    2.4.1 Stations
    2.4.2 Field huts, refuges
    2.4.3 Campsites
    2.4.4 Roads and vehicle tracks, footpaths, feature overlaps
    2.4.5 Approach paths and landing areas for airplanes and 
helicopters
    2.4.6 Approach paths and access points for boats (wharfs, jetties)
    2.4.7 Power supplies, cables
    2.4.8 Antennae
    2.4.9 Fuel storage areas
    2.4.10 Water reservoirs and pipes
    2.4.11 Emergency caches
    2.4.12 Markers, signs
    2.4.13 Historic sites or artefacts, archaeological sites
    2.4.14 Scientific installations or sampling areas
    2.4.15 Site contamination or modification

2.5 Boundaries
    2.5.1 Boundary of area
    2.5.2 Boundaries of subsidiary zones and protected areas within the 
mapping area
    2.5.3 Boundary signs and markers (including cairns)
    2.5.4 Boat/aircraft approach routes
    2.5.5 Navigation markers or beacons
    2.5.6 Survey points and markers

2.6 Other mapping guidelines
    2.6.1 Verify all features and boundaries by GPS if possible
    2.6.2 Ensure visual balance among elements
    2.6.3 Appropriate shading (shading should be distinguishable on a 
photocopy of the map)
    2.6.4 Correct and appropriate text; no feature overlap
    2.6.5 Appropriate legend; use SCAR approved map symbols when 
possible
    2.6.6 Text appropriately shadowed on image data
    2.6.7 Photographs may be used where appropriate
    2.6.8 Official maps should be in black and white
    2.6.9 Most likely two or more maps will be needed for a management 
plan, one showing the site and the vicinity, and one detailed map of 
the site showing features essential for the management plan objectives; 
other maps may be useful (i.e. geological map of the area, three 
dimensional terrain model).
B. Biological Features
    1. A description of the biological features of the site, in both 
space and time, which it is the purpose of the management plan to 
protect.
C. CEMP Studies
    1. A full description of the CEMP studies being conducted or 
planned to be conducted, including the species and parameters which are 
being or are to be studied.
D. Protection Measures
    1. Statements of prohibited activities:
1.1 throughout the site at all times of the year
1.2 throughout the site at defined parts of the year
1.3 in parts of the site at all times of the year
1.4 in parts of the site at defined parts of the year.
    2. Prohibitions regarding access to and movement within or over the 
site.
    3. Prohibitions regarding:
3.1 the installation, modification, and/or removal of structures
3.2 the disposal of waste.
    4. Prohibitions for the purpose of ensuring that activity in the 
site does not prejudice the purposes for which protection status has 
been accorded to areas or sites, in or near the site, under the 
Antarctic Treaty or other components of the Antarctic Treaty System 
which are in force.
E. Communications Information
    1. The name, address, telephone and facsimile numbers, and e-mail 
addresses, of:
1.1 the organisation or organisations responsible for appointing 
national representative(s) to the Commission;
1.2 the national organisation or organisations conducting CEMP studies 
at the site.
    Notes:
    1. A code of conduct. If it would help towards achieving the 
scientific objectives of the site, a code of conduct may be annexed to 
the management plan. Such a code should be written in hortatory rather 
than mandatory terms, and must be consistent with the prohibitions 
contained in Section D above.
    2. Members of the Commission preparing draft management plans for 
submission in accordance with this Conservation Measure should bear in 
mind that the primary purpose of the management plan is to provide for 
the protection of CEMP studies at the site through the application of 
the prohibitions contained in Section D. To that end, the management 
plan is to be drafted in concise and unambiguous terms. Information 
which is intended to help scientists, or others, appreciate broader 
considerations regarding the site (e.g. historical and bibliographic 
information) should not be included in the management plan but may be 
annexed to it.

Conservation Measure 91-02 (2004)

Protection of the Cape Shirreff CEMP site
(Species: all; Area: 48.1)

    1. The Commission noted that a program of long-term studies is 
being undertaken at Cape Shirreff and the San Telmo Islands, Livingston 
Island, South Shetland Islands, as part of the CCAMLR Ecosystem 
Monitoring Program (CEMP). Recognising that these studies may be 
vulnerable to accidental or wilful interference, the Commission 
expressed its concern that this CEMP site, the scientific 
investigations, and

[[Page 4125]]

the Antarctic marine living resources therein be protected.
    2. Therefore, the Commission considers it appropriate to accord 
protection to the Cape Shirreff CEMP site, as defined in the Cape 
Shirreff management plan.
    3. Members shall comply with the provisions of the Cape Shirreff 
CEMP site management plan, which is recorded in Annex 91-02/A.
    4. In accordance with Article X, the Commission shall draw this 
Conservation Measure to the attention of any State that is not a Party 
to the Convention and whose nationals or vessels are present in the 
Convention Area.
Annex 91-02/A
Management Plan for the Protection of Cape Shirreff and the San Telmo 
Islands, South Shetland Islands, as a Site Included in the CCAMLR 
Ecosystem Monitoring Program \1\
---------------------------------------------------------------------------

    \1\ As adopted at CCAMLR-XVIII (paragraphs 9.5 and 9.6), and 
revised at CCAMLR-XIX (paragraph 9.9).
---------------------------------------------------------------------------

A. Geographical Information
    1. Description of the site:
    (a) Geographical coordinates: Cape Shirreff is a low, ice-free 
peninsula towards the western end of the north coast of Livingston 
Island, South Shetland Islands, situated at latitude 62[deg]27[min]S, 
longitude 60[deg]47[min]W, between Barclay Bay and Hero Bay. San Telmo 
Islands are the largest of a small group of ice-free rock islets, 
approximately 2 km west of Cape Shirreff.
    (b) Natural features: Cape Shirreff is approximately 3 km from 
north to south and 0.5 to 1.2 km from east to west. The site is 
characterised by many inlets, coves and cliffs. Its southern boundary 
is bordered by a permanent glacial ice barrier, which is located at the 
narrowest part of the cape. The cape is mainly an extensive rock 
platform, 46 to 83 m above sea level, the bedrock being largely covered 
by weathered rock and glacial deposits. The eastern side of the base of 
the cape has two beaches with a total length of about 600 m. The first 
is a boulder beach, the second of sand. Above this is a raised beach 
with mosses and lichens, crossed by melt-streams from the snow above. 
The extremity of the cape has a rocky barrier about 150 m long. The 
western side is formed by almost continuous cliffs 10 to 15 m high 
above an exposed coast with a few protected beaches. At the 
southwestern base of the cape is a small sandy and pebble beach 
approximately 50 m long.
    The San Telmo Islands are located approximately 2 km west of Cape 
Shirreff, and are a group of ice-free, rocky islets. The east coast of 
San Telmo Island (the largest of the group) has a sandy and pebble 
beach (60 m) at the south end, separated from the northern sandy beach 
(120 m) by two irregular cliffs (45 m) and narrow pebble beaches.
    (c) Boundary markers: The boundaries of the Cape Shirreff CEMP 
Protected Area are identical to the boundaries of the Site of Special 
Scientific Interest No. 32, as specified by ATCM Recommendation XV-7. 
At present, there are no man-made boundary markers indicating the 
limits of the SSSI or established protected areas. The boundaries of 
the site are defined by natural features (i.e. coastlines, glacial 
margins) described in Section A.1(d).
    (d) Natural features that define the site: The Cape Shirreff CEMP 
Protected Area includes the entire area of the Cape Shirreff peninsula 
north of the glacier ice tongue margin, and most of the San Telmo 
Islands group. For the purposes of the CEMP protected area, `the entire 
area' of Cape Shirreff and the San Telmo Islands group is defined as 
any land or rocks exposed at mean low tide within the area delimited by 
the map (Figure 3).
    (e) Access points: The Cape Shirreff part of the CEMP site may be 
entered at any point where pinniped or seabird rookeries are not 
present on or near the beach. Access to the island in the San Telmo 
group is unrestricted but should be at the least densely populated 
areas and cause minimal disturbance to the fauna. Access for other than 
CEMP research should avoid disturbing pinnipeds and seabirds (see 
Sections D.1 and D.2). Access by small boat or helicopter is 
recommended in most circumstances. Four helicopter landing areas are 
recommended including: (i) The south plain of Playa Y[aacute]mana, 
which is situated on the Southwest coast of the cape; (ii) on the west 
coast of the cape, on the top plain of Gaviota Hill (10x20 m), near the 
monument erected to commemorate the officers and crew of the Spanish 
ship San Telmo; (iii) the wide plain, Paso Ancho, situated to the east 
of C[oacute]ndor Hill; and (iv) the top plain of C[oacute]ndor Hill. 
Recommended sites for landing small boats include: (i) The northern end 
of Half Moon beach, on the east coast of the cape; (ii) on the east 
coast, 300 m north of El Mirador, there is a deep channel which permits 
easy disembarkation; and (iii) the northern end of Playa Y[aacute]mana 
on the west coast of the cape (during high tide conditions). There are 
no landing sites for fixed-wing aircraft.
    (f) Pedestrian and vehicular routes: Boats, helicopters, fixed-wing 
aircraft and land vehicles should avoid the site except for operations 
directly supporting authorised scientific activities. During these 
operations, boats and aircraft should travel routes that avoid or 
minimise disturbance of pinnipeds and seabirds. Land vehicles should 
not be used except to transport needed equipment and supplies to and 
from the field camps. Pedestrians should not walk through wildlife 
population areas, especially during the breeding season, or disturb 
other fauna or flora except as necessary to conduct authorised 
research.
    (g) Preferred anchorages: Numerous shoals and pinnacles are known 
to exist in the vicinity of Cape Shirreff and the San Telmo Islands. 
The detailed bathymetric chart No. 14301 produced by the Servicio 
Hidrogr[aacute]fico y Oceanogr[aacute]fico de la Armada de Chile (SHOA, 
1994) provides guidance but those unfamiliar with local conditions at 
Cape Shirreff are advised to approach the area with caution. Three 
anchorages that have been used in the past are: (i) Northwest coast--
situated between Rapa-Nui Point on Cape Shirreff and the northern 
extremity of the San Telmo Islands; (ii) east coast--2.5 km to the east 
of El Mirador, being alert for icebergs drifting in the area; and (iii) 
south coast--located about 4 km off the southern coast of Byers 
Peninsula to support ship-based helicopter operations. Organisation(s) 
conducting CEMP studies at the site can provide further details about 
sailing instructions pertaining to recommended anchorages (see Section 
E.2).
    (h) Location of structures within the site: During the 1991/92 
austral summer, a fibreglass cabin for four people was installed by the 
Instituto Ant[aacute]rtico Chileno (INACH) (Anonymous, 1992) in the El 
Mirador area. This area is on the cape's east coast, at the base of 
Condor Hill (near the site of the previous installation of the former 
Soviet Union). This site was chosen because of its accessibility by 
helicopter and boat, shelter from winds, good water supply and absence 
of seal or bird colonies. During the 1996/97 austral summer a U.S. AMLR 
field camp was established approximately 50 m to the south of the INACH 
camp. The U.S. camp is comprised of four small wood-constructed 
buildings (including an outhouse); all within 3 m of each other and 
jointed by wooden walkways. In February 1999 an emergency shelter/bird 
observation blind was constructed by the U.S. program at the northern 
end of the Cape. Minor remains of a hut used in the past by the former 
Soviet Union as well as sparse evidence of a 19th century sealers' camp 
can be found near the camp site.

[[Page 4126]]

    (i) Areas within the site where activities are constrained: The 
protection measures specified in Section D apply to all areas within 
the Cape Shirreff CEMP Protected Area, as defined in Section A.1(d).
    (j) Location of nearby scientific, research, or refuge facilities: 
The nearest research facility to the site is Juan Carlos I Station 
(summer only) maintained by the Spanish government at South Bay, 
Livingston Island, (62[deg]40[min]S, 60[deg]22[min]W), approximately 30 
km southeast of Cape Shirreff. The Chilean Station Arturo Prat is 
located on Greenwich Island (62[deg]30[min]S, 59[deg]41[min]W) 
approximately 56 km northeast of Cape Shirreff. Numerous scientific 
stations and research facilities (e.g. Argentina, Brazil, Chile, China, 
Korea, Poland, Russia, Uruguay) are located on King George Island, 
approximately 100 km northeast of Cape Shirreff. The largest of these 
facilities is Base Presidente Eduardo Frei Montalva (also formerly 
referred to as Base Teniente Rodolfo Marsh Martin), maintained by the 
Chilean government on the western end of King George Island 
(62[deg]12[min]S, 58[deg]55[min]W).
    (k) Areas or sites protected under the Antarctic Treaty System: 
Cape Shirreff and the San Telmo Islands are protected as a Site of 
Special Scientific Interest (No. 32) under the Antarctic Treaty System 
(see Section A.1(c)). Several other sites or areas within 100 km of 
Cape Shirreff are also protected under the Antarctic Treaty System: 
SSSI No. 5, Fildes Peninsula (62[deg]12[min]S, 58[deg]59[min]W); SSSI 
No. 6, Byers Peninsula (62[deg]38[min]S, 61[deg]05[min]W); SSSI No. 35, 
Ardley Island, Maxwell Bay, King George Island (62[deg]13[min]S, 
58[deg]56[min]W); Marine SSSI No. 35, Western Bransfield Strait 
(63[deg]20[min]S to 63[deg]35[min]S, 61[deg]45[min]W to 
62[deg]30[min]W); and SPA No. 16, Coppermine Peninsula, Robert Island 
(62[deg]23[min]S, 59[deg]44[min]W). The Seal Islands CEMP Protected 
Area (60[deg]59[min]14[sec] S, 55[deg]23[min]04[sec] W) is located 
approximately 325 km northeast of Cape Shirreff.
    2. Maps of the site:
    (a) Figures 1 and 2 show the geographical position of Cape Shirreff 
and the San Telmo Islands in relation to major surrounding features, 
including the South Shetland Islands and adjacent bodies of water.
    (b) Figure 3 identifies the boundaries of the site and provides 
details of specific locations within the vicinity of Cape Shirreff and 
the San Telmo Islands, including preferred vessel anchorages.
B. Biological Features
    1. Terrestrial: There is no information on soil biology of Cape 
Shirreff but it is likely that similar types of plants and 
invertebrates are found as at other sites in the South Shetland Islands 
(e.g. see Lindsey, 1971; Allison and Smith, 1973; Smith, 1984; 
S[ouml]mme, 1985). A moderate lichen cover (e.g. Polytrichum alpestre, 
Usnea fasciata) is present on rocks located in the higher geological 
platforms. In some valleys there are patches of moss and grass (e.g. 
Deschampsia antarctica).
    2. Inland waters: There are several ephemeral ponds and streams 
located at Cape Shirreff. These form from melting snow, especially in 
January and February. Hidden Lake is the only permanent body of water 
on the cape, and it is located in the confluence of the slope of three 
hills: El Toqui, Pehuenche and Aymara. The lake's drainage supports the 
growth of moss banks along its northeast and southwest slopes. From the 
southwest slope a stream flows to the western coast at Playa 
Y[aacute]mana. The lake's depth is estimated at two to 3 m and it is 
approximately 12 m long when fullest; the lake diminishes considerably 
in size after February (Torres, 1995). There are no known lakes or 
ephemeral ponds of significance on the San Telmo Islands.
    3. Marine: No studies on littoral communities have been carried 
out. There is abundant macroalgae present in the intertidal zone. The 
limpet Nacella concinna is common, as elsewhere in the South Shetland 
Islands.
    4. Seabirds: In January 1958, 2000 pairs of chinstrap penguins 
(Pygoscelis antarctica) and 200 to 500 pairs of gentoo penguins (P. 
papua) were reported (Croxall and Kirkwood, 1979). In 1981 two 
unspecified penguin colonies had 4,328 and 1,686 individuals 
respectively (Sallaberry and Schlatter, 1983). A census in January 
1987, produced estimates of 20,800 adult chinstrap penguins and 750 
adult gentoo penguins (Shuford and Spear, 1987). Hucke-Gaete et al. 
(1997a) identified the presence of 31 breeding colonies for both 
species during 1996/97 and reported estimates of 6,907 breeding pairs 
of chinstrap penguins and 682 of gentoo penguins. A chick census 
developed in early February that same year gave a total of 8,802 
chinstrap penguins and 825 gentoo penguins. The first of a continuing 
CCAMLR census of the colonies at Cape Shirreff conducted on 3 December, 
1997 recorded 7617 and 810 breeding pairs of chinstrap and gentoo 
penguins, respectively (Martin 1998). Dominican gulls (Larus 
domincanus), brown skuas (Catharacta l[ouml]nnbergi), Antarctic terns 
(Sterna vittata), blue-eyed shags (Phalacrocorax atriceps), cape 
petrels (Daption capense), Wilson's storm petrels (Oceanites oceanicus) 
and black-bellied storm petrel (Fregetta tropica) also nest on the 
cape. Giant petrels (Macronectes giganteus) are regular visitors during 
the austral summer (Torres, 1995).
    5. Pinnipeds: Cape Shirreff is presently the site of the largest 
known breeding colony of the Antarctic fur seal (Arctocephalus gazella) 
in the South Shetland Islands. The first post-exploitation record of 
fur seals at Cape Shirreff was reported by O'Gorman (1961) in mid-
February 1958 when 27 non-breeding adults were seen. Over the past 30 
years, the colony has continued to increase in size (Aguayo and Torres, 
1968, 1993; Bengtson et al., 1990, Torres, 1995; Hucke-Gaete et al., 
1999). Annual censuses begun in 1991/92 by INACH scientists showed that 
pup production has increased every year except for 1997/98 when there 
was an apparent 14% decrease in the entire SSSI. From 1965/66 to 1998/
99 the population increased at a rate of 19.8%. However, from 1992/93 
to 1998/99 the growth rate has decreased to ca. 7% per year, with the 
last census in 1998/99 reporting 5,497 pups born on Cape Shirreff and 
3,027 pups born on San Telmo Islands (Hucke-Gaete et al., 1999). Groups 
of non-breeding southern elephant seals (Mirounga leonina), Weddell 
seals (Leptonychotes weddelli), leopard seals (Hydrurga leptonyx) and 
crabeater seals (Lobodon carcinophagus) have been observed on the cape 
(O'Gorman, 1961; Aguayo and Torres, 1967; Bengtson et al., 1990; Torres 
et al., 1998). Additionally, observations of pup carcasses suggest 
breeding sites of southern elephant seals (Torres, 1995).
CEMP Studies
    1. The presence at Cape Shirreff of both Antarctic fur seal and 
penguin breeding colonies, and of krill fisheries within the foraging 
range of these species, make this a critical site for inclusion in the 
ecosystem monitoring network established to help meet the objectives of 
the Convention on the Conservation of Antarctic Marine Living 
Resources. The purpose of the designation is to allow planned research 
and monitoring to proceed, while avoiding or reducing, to the greatest 
extent possible, other activities which could interfere with or affect 
the results of the research and monitoring program or alter the natural 
features of the site.
    2. The following species are of particular interest for CEMP 
routine monitoring and directed research at this site: Antarctic fur 
seals, chinstrap penguins and gentoo penguins.
    3. Long-term studies are under way to assess and monitor the 
feeding ecology, growth and condition, reproductive success, behaviour, 
and population

[[Page 4127]]

dynamics of pinnipeds and seabirds that breed in the area. The results 
of these studies will be compared with environmental data, wildlife 
diseases, offshore sampling data, and fishery statistics to identify 
possible cause-effect relationships.
    4. Chilean scientists have been conducting studies at the site for 
many years and in recent seasons they have developed studies 
specifically designed to contribute to CEMP. These studies have mainly 
focused on Antarctic fur seals, wildlife diseases and survey of marine 
debris. Annual marine debris surveys began in 1985, with a baseline 
established in 1994 (e.g. Torres and Jorquera 1995, 1999). In 1996/97 
U.S. scientists began CEMP monitoring studies of Antarctic fur seals, 
chinstrap and gentoo penguins in conjunction with studies of offshore 
prey distribution and general oceanography (e.g. Martin, 1999).
    5. Penguin parameters routinely monitored include trends in 
population size (A3), demography (A4), duration of foraging trips (A5), 
breeding success (A6), chick fledging weight (A7), chick diet (A8) and 
breeding chronology (A9). Studies of fur seals include foraging 
energetics, at-sea foraging locations using satellite-linked telemetry, 
diving behaviour, diet studies, duration of foraging trips (C1), 
reproductive success, and pup growth rates (C2).
D. Protection Measures
    1. Prohibited activities and temporal constraints:
    (a) Throughout the site at all times of the year: Any activities 
which damage, interfere with, or adversely affect the planned CEMP 
monitoring and directed research at this site are not permitted.
    (b) Throughout the site at all times of the year: Any non-CEMP 
activities are not permitted which result in:
    (i) killing, injuring, or disturbing pinnipeds or seabirds;
    (ii) damaging or destroying pinniped or seabird breeding areas; or
    (iii) damaging or destroying the access of pinnipeds or seabirds to 
their breeding areas.
    (c) Throughout the site at defined parts of the year: Human 
occupation of the site during the period 1 June to 31 August is not 
permitted except under emergency circumstances.
    (d) In parts of the site at all times of the year: Building 
structures within boundaries of any pinniped or seabird colony is not 
permitted. For this purpose, colonies are defined as the specific 
locations where pinniped pups are born or where seabird nests are 
built. This prohibition does not pertain to placing markers (e.g. 
numbered stakes, posts, etc.) or situating research equipment in 
colonies as may be required to facilitate scientific research.
    (e) In parts of the site at defined parts of the year: Entry into 
any pinniped or seabird colonies during the period 1 September to 31 
May is not permitted except in association with CEMP activities.
    2. Prohibitions regarding access to and movement within the site:
    (a) Entry to the site at locations where pinniped or seabird 
colonies are present in densely populated areas is not permitted.
    (b) Aircraft overflight of the site is not permitted at altitudes 
less than 1,000 m unless the proposed flight plan has been reviewed in 
advance by the organisation(s) conducting CEMP activities at the site 
(see Section E.2). Aircraft overflight at altitudes below 200 m is not 
permitted.
    (c) The use of land vehicles is not permitted except to transport 
needed equipment and supplies to and from the field camps.
    (d) Pedestrians are not permitted to walk through wildlife 
population areas (e.g. colonies, resting areas, pathways), or to 
disturb other fauna or flora, except as necessary to conduct authorised 
research.
    3. Prohibitions regarding structures:
    (a) Building structures other than those directly supporting 
authorised scientific research and monitoring programs or to house 
research personnel and their equipment is not permitted.
    (b) Human occupation of these structures is not permitted during 
the period 1 June to 31 August (see Section D.1(c)).
    (c) New structures are not permitted to be built within the site 
unless the proposed plans have been reviewed in advance by the 
organisation(s) conducting CEMP activities at the site (see Section 
E.2).
    4. Prohibitions regarding waste disposal:
    (a) Landfill disposal of any materials is not permitted; all 
materials brought to the site are to be removed when no longer in use.
    (b) Disposal of waste fuels, volatile liquids and scientific 
chemicals within the site is not permitted; these materials are to be 
removed from the site for proper disposal elsewhere.
    (c) The open burning of any materials is not permitted (except for 
properly used fuels for heating, lighting or cooking).
    5. Prohibitions regarding the Antarctic Treaty System:
    It is not permitted to undertake any activities in the Cape 
Shirreff CEMP Protected Area which are not in compliance with the 
provisions of: (i) The Antarctic Treaty, including the Agreed Measures 
for the Conservation of Antarctic Fauna and Flora and the Protocol on 
Environmental Protection, (ii) the Convention for the Conservation of 
Antarctic Seals, and (iii) the Convention for the Conservation of 
Antarctic Marine Living Resources.
E. Communications Information
    1. Organisation(s) appointing national representatives to the 
Commission.
    (a) Ministerio de Relaciones Exteriores, Direccion de Medio 
Ambiente (DIMA), Catedral 1143, 2[deg]Piso, Santiago, Chile. Telephone: 
+56 (2) 679 4720. Facsimile: +56 (2) 673 2152. E-mail: 
<a href="/cdn-cgi/l/email-protection#1974757a786b6f78757576597470776b7c75377e766f377a75"><span class="__cf_email__" data-cfemail="88e5e4ebe9fafee9e4e4e7c8e5e1e6faede4a6efe7fea6ebe4">[email protected]</span></a>
    (b) Bureau of Oceans and International Environmental and Scientific 
Affairs, US Department of State, Washington DC 20520, USA. Telephone: 
+1 (202) 647 3262. Facsimile: +1 (202) 647 1106.
    2. Organisation(s) conducting CEMP studies at the site.
    (a) Ministerio de Relaciones Exteriores, Instituto Ant[acute]rtico 
Chileno, Plaza Mu[ntilde]oz Gamero 1055, Punta Arenas, Chile. 
Telephone: +56 (61) 29 8100. Facsimile: +56 (61) 29 8149. E-mail: 
<a href="/cdn-cgi/l/email-protection#6c1a1a0d00000906031f2c05020d0f04420f00"><span class="__cf_email__" data-cfemail="a0d6d6c1ccccc5cacfd3e0c9cec1c3c88ec3cc">[email protected]</span></a>
    (b) US Antarctic Marine Living Resources Program, National Marine 
Fisheries Service, NOAA, Southwest Fisheries Science Center, PO Box 
271, La Jolla CA 92038, USA. Telephone: +1 (858) 546 5601. Facsimile: 
+1 (858) 546 5608. E-mail: <a href="/cdn-cgi/l/email-protection#e7958289898e82c98f888b93a789888686c9808891"><span class="__cf_email__" data-cfemail="4a382f2424232f642225263e0a24252b2b642d253c">[email protected]</span></a>
Annex 91-02/A Cape Shirreff, Appendix 1
Code of Conduct for the Cape Shirreff Cemp Protected Area
    Investigators should take all reasonable steps to ensure that their 
activities, both in implementing their scientific protocols as well as 
in maintaining a field camp, do not unduly harm or alter the natural 
behaviour and ecology of wildlife. Wherever possible, actions should be 
taken to minimise disturbance of the natural environment.
    Killing, capturing, handling and taking eggs, blood, or other 
biological samples from pinniped and seabirds should be limited to that 
necessary to characterise and monitor individual and population 
parameters that may change in detectable ways in response to changes in 
food availability or other environmental factors. Sampling should be 
done and reported in accordance with: (i) The Agreed Measures for the 
Conservation of Antarctic Fauna and Flora and the Protocol on 
Environmental Protection, (ii) the

[[Page 4128]]

Convention for the Conservation of Antarctic Seals, and (iii) the 
Convention for the Conservation of Antarctic Marine Living Resources.
    Geological, glaciological and other studies which can be done 
outside of the pinniped and seabird breeding season, and which will not 
damage or destroy pinniped or seabird breeding areas, or access to 
those areas, would not adversely affect the planned assessment and 
monitoring studies. Likewise, the planned assessment and monitoring 
studies would not be affected adversely by periodic biological surveys 
or studies of other species which do not result in killing, injuring, 
or disturbing pinnipeds or seabirds, or damage or destroy pinnipeds or 
seabird breeding areas or access to those areas.
Annex 91-02/A Cape Shirreff, Appendix 2
Background Information Concerning Cape Shirreff
    Prior to 1819, there were substantial colonies of fur seals, and 
possibly elephant seals, throughout the South Shetland Islands 
archipelago. Thereafter, Cape Shirreff was the scene of more intensive 
sealing activities until about 1825. Sealers' refuges were erected all 
around the western shores of Livingston Island, with those on the south 
coast being occupied mainly by American sealers and those on the north 
coast by British sealers. There were about 60 to 75 men living ashore 
at Cape Shirreff in January 1821 (Stackpole, 1955) and 95,000 skins 
were taken during the 1821/22 season (O'Gorman, 1963). There are ruins 
of at least 12 sealers' huts on the cape and the shoreline in several 
bays is littered with timbers and sections of wrecked sealers' vessels 
(Torres, 1995). The outcome of the sealing of the early 1820s was the 
extermination of fur seals from the entire region. Antarctic fur seals 
were not observed again in the South Shetland Islands until 1958, when 
a small colony was discovered at Cape Shirreff, Livingston Island 
(O'Gorman, 1961). The original colonisers probably came from South 
Georgia, where surviving fur seal colonies had substantially recovered 
by the early 1950s. Chilean studies at the site began in 1965 (e.g. 
Aguayo and Torres, 1967, 1968) and U.S. studies began in 1996 (e.g. 
Martin, 1998). At present, the fur seal rookeries at Cape Shirreff and 
the San Telmo Islands are the largest in the South Shetland Islands.
Annex 91-02/A Cape Shirreff, Appendix 3
History of Protection at Cape Shirreff
    Cape Shirreff was designated in 1966 as Specially Protected Area 
(SPA) No. 11 by ATCM Recommendation IV-11 `on the grounds that the cape 
supports a considerable diversity of plant and animal life, including 
many invertebrates, that a substantial population of elephant seals 
(Mirounga leonina) and small colonies of Antarctic fur seals are found 
on the beaches and that the area is of outstanding interest'. The 
protection conferred on this site was successful in ensuring that 
Antarctic fur seals were not disturbed during the important early 
phases of their recolonisation. Subsequent to the site's designation as 
a SPA, the locally breeding population of Antarctic fur seals increased 
to a level at which biological research activities could be undertaken 
without threatening the continued recolonisation and population 
increase of this species.
    Surveys during the mid-1980s to locate study sites for long-term 
monitoring of fur seal and penguin populations as part of the CCAMLR 
Ecosystem Monitoring Program (CEMP) indicated that Cape Shirreff would 
be an excellent site within the Antarctic Peninsula Integrated Study 
Region. To carry out such a monitoring program safely and effectively, 
a multi-year field camp for four to six researchers was needed within 
the area previously designated as SPA No. 11. This might have been 
considered inappropriate within a SPA and hence a proposal was made in 
1988 to redesignate Cape Shirreff as a Site of Special Scientific 
Interest (SSSI). Additionally, it was proposed substantially to enlarge 
the site by the inclusion of the San Telmo Islands group, presently the 
location of the largest fur seal colony in the Antarctic Peninsula 
region.
    Cape Shirreff was redesignated in 1990 as SSSI No. 32 by 
Recommendation XV-7, which was adopted by the XVth Consultative Meeting 
of the Antarctic Treaty. It was understood that SSSI No. 32, Cape 
Shirreff, should be redesignated an SPA (in its enlarged form) if and 
when the long-term monitoring of fur seals and seabirds at the site 
should be ended. Chilean and U.S. scientists initiated CEMP studies at 
Cape Shirreff during the late 1980s, and have collaborated on predator 
studies at Cape Shirreff since 1996/97. To further protect the site 
from damage or disturbance that could adversely affect the long-term 
CEMP monitoring and directed research, in 1991 Cape Shirreff was 
proposed as a CEMP Protected Area.

Bibliography

    Aguayo, A. and D. Torres. 1967. Observaciones sobre 
mam[iacute]feros marinos durante la Vig[eacute]sima Comisi[oacute]n 
Ant[aacute]rtica Chilena. Primer censo de pin[iacute]pedos en las 
Islas Shetland del Sur. Rev. Biol. Mar., 13 (1): 1-57.
    Aguayo, A. and D. Torres. 1968. A first census of Pinnipedia in 
the South Shetland Islands and other observations on marine mammals. 
In: Symposium on Antarctic Oceanography, Santiago, Chile. Scott 
Polar Research Institute, Cambridge: 166-168.
    Aguayo, A. and D. Torres. 1993. An[aacute]lisis de los censos de 
Arctocephalus gazella efectuados en el Sitio de Especial 
Inter[eacute]s Cient[iacute]fico N[deg] 32, isla Livingston, 
Ant[aacute]rtica. Ser. Cient. INACH, 43: 89-93.
    Allison, J.S. and R.I.L.-Smith. 1973. The vegetation of Elephant 
Island, South Shetland Islands. Br. Antarct. Surv. Bull., 33 and 34: 
185-212.
    Anonymous. 1992. Instalaciones del INACH en la Ant[aacute]rtica. 
Bol. Antart. Chileno, 11 (1): 16.
    Bengtson, J.L., L.M. Ferm, T.J. H[auml]rkl[ouml]nen and B.S. 
Stewart. 1990. Abundance of Antarctic fur seals in the South 
Shetland Islands, Antarctica, during the 1986/87 austral summer. In: 
Kerry, K. and G. Hempel (Eds). Antarctic Ecosystems, Proceedings of 
the Fifth SCAR Symposium on Antarctic Biology. Springer-Verlag, 
Berlin: 265-270.
    Croxall, J.P. and E.D. Kirkwood. 1979. The Distribution of 
Penguins on the Antarctic Peninsula and Islands of the Scotia Sea. 
British Antarctic Survey, Cambridge: 186 pp.
    Hucke-Gaete, R., D. Torres and V. Vallejos. 1997. Entanglement 
of Antarctic fur seals Arctocephalus gazella in marine debris at 
Cape Shirreff and San Telmo Islets, Livingston Island, Antarctica: 
1988-1977. Ser. Cient. INACH, 47: 123-135.
    Hucke-Gaete, R., D. Torres, A. Aguayo, J. Acevedo, and V. 
Vallejos. 1999. Trends of Antarctic fur seal populations at SSSI No. 
32, Livingston Island, South Shetlands, Antarctica. Document WG-EMM-
99/16. CCAMLR, Hobart, Australia.
    Laws, R.M. 1973. Population increase of fur seals at South 
Georgia. Polar Record, 16 (105): 856-858.
    Lindsay, D.C. 1971. Vegetation of the South Shetland Islands. 
Br. Antarct. Surv. Bull., 25: 59-83.
    Martin, J. (Ed.). 1998. AMLR 1997/98 Field Season Report. 
Southwest Fisheries Science Center Administrative Report LJ-98-07: 
161 pp.
    Martin, J. (Ed.). 1999. AMLR 1998/99 Field Season Report. 
Southwest Fisheries Science Center Administrative Report LJ-99-10: 
158 pp.
    O'Gorman, F.A. 1961. Fur seals breeding in the Falkland Islands 
Dependencies. Nature, Lond., 192: 914-916.
    O'Gorman, F.A. 1963. The return of the Antarctic fur seal. New 
Scientist, 20: 374-376.
    Sallaberry, M. and R. Schlatter. 1983. Estimaci[oacute]n del 
n[uacute]mero de ping[uuml]inos en el Archipi[eacute]lago de las 
Shetland del Sur. Ser. Cient. INACH, 30: 87-91.

[[Page 4129]]

    SHOA, 1994. Carta N[deg]14301, Escala 1:15.000, cabo Shirreff, 
isla Livingston (Territorio Chileno Antrtico). Servicio 
Hidrogr[aacute]fico y Oceanogr[aacute]fico de la Armada de Chile.
    Shuford, W.D. and L.B. Spear. 1987. Surveys of breeding penguins 
and other seabirds in the South Shetland Islands, Antarctica, 
January February 1987. Report to the U.S. National Marine Fisheries 
Service.
    Smith, R.I.L. 1984. Terrestrial plant biology. In: Laws, R.M. 
(Ed.). Antarctic Ecology. Academic Press.
    S[ouml]mme, L. 1985. Terrestrial habitats--invertebrates. In: 
Bonner, W.N. and D.W.H. Walton (Eds). Antarctica. Pergamon Press.
    Stackpole, E.A. 1955. The voyage of the Huron and the Huntress: 
the American sealers and the discovery of the continent of 
Antarctica. The Marine Historical Association, Inc., Mystic, Conn., 
29: 1-86.
    Torres, D. 1995. Antecedentes y proyecciones cient[iacute]ficas 
de los estudios en el SEIC N[deg] 32 y sitio CEMP `cabo Shirreff e 
islotes San Telmo', isla Livingston, Ant[aacute]rtica. Ser. Cient. 
INACH, 45: 143-169.
    Torres, D. and D. Jorquera. 1995. L[iacute]nea base para el 
seguimiento de los desechos marinos en cabo Shirreff, isla 
Livingston, Ant[aacute]rtica. Ser. Cient. INACH, 45: 131-141.
    Torres, D. and D. Jorquera. 1999. Synthesis of marine debris 
survey at Cape Shirreff, Livingston Island, during the Antarctic 
season 1998/99. Document CCAMLR-XVIII/BG/39. CCAMLR, Hobart, 
Australia.
    Torres, D., V. Vallejos, J. Acevedo, R. Hucke-Gaete and S. 
Z[aacute]rate. 1998. Registros biol[oacute]gicos at[iacute]picos en 
cabo Shirreff, isla Livingston, Ant[aacute]rtica. Bol. 
Ant[aacute]rt. Chileno, 17 (1): 17-19.
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Conservation Measure 91-03 (2004)

Protection of the Seal Islands CEMP site
(Species: all; Area: 48.1)
    1. The Commission noted that a program of long-term studies is 
being undertaken at Seal Islands, South Shetland Islands, as part of 
the CCAMLR Ecosystem Monitoring Program (CEMP). Recognising that these 
studies may be vulnerable to accidental or willful interference, the 
Commission expressed its concern that this CEMP site, the scientific 
investigations, and the Antarctic marine living resources therein be 
protected.
    2. Therefore, the Commission considers it appropriate to accord 
protection to the Seal Islands CEMP site, as defined in the Seal 
Islands management plan.
    3. Members are required to comply with the provisions of the Seal 
Islands CEMP site management plan, which is recorded in Annex 91-03/A.
    4. In accordance with Article X, the Commission shall draw this 
Conservation Measure to the attention of any State that is not a Party 
to the Convention and whose nationals or vessels are present in the 
Convention Area.
Annex 91-03/A
Management Plan for the Protection of Seal Islands, South Shetland 
Islands, as a Ecosystem Monitoring Program \1\
---------------------------------------------------------------------------

    \1\ As adopted at CCAMLR-XVI (paragraphs 9.67 and 9.68), and 
revised at CCAMLR-XIX (paragraph 9.9)
---------------------------------------------------------------------------

A. Geographical Information
    1. Description of the site:
    (a) Geographical coordinates: The Seal Islands are composed of 
small islands and skerries located approximately 7 km north of the 
northwest corner of Elephant Island, South Shetland Islands. The Seal 
Islands CEMP Protected Area includes the entire Seal Islands group, 
which is defined as Seal Island plus any land or rocks exposed at mean 
low tide within a distance of 5.5 km of the point of highest elevation 
on Seal Island. Seal Island is the largest island of the group, and is 
situated at 60[deg]59'14'' S, 55[deg]23'04'' W (coordinates are given 
for the point of highest elevation on the island--see Figures 1 and 2).
    (b) Natural features: The Seal Islands cover an area approximately 
5.7 km from east to west and 5 km from north to south. Seal Island is 
approximately 0.7 km long and 0.5 km wide. It has an altitude of about 
125 m, with a raised plateau at about 80 m, and precipitous cliffs on 
most coastlines. There is a raised, sandy beach on the western shore 
and several coves on the northern and eastern shores. Seal Island is 
joined to the adjacent island to the west by a narrow sand bar that is 
approximately 50 m long; the bar is rarely passable on foot, and only 
when seas are calm and the tide is very low. Other islands in the group 
are similar to Seal Island, with precipitous cliffs, exposed coasts, 
and a few sand beaches and protected coves. There is no permanent ice 
on any of the islands. Seal Island is mainly composed

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of poorly consolidated sedimentary rocks. Rocks crumble and fracture 
easily, resulting in prevalent erosion from water runoff and coastal 
wave action. Geologists have characterised the bedrock `pebbly 
mudstone'. No fossils have been reported from the site. Because 
colonies of penguins are present in virtually all sectors of Seal 
Island (including the summit), the soil in many areas as well as 
several vertical rock faces are enriched by guano.
    (c) Boundary markers: As of 1997, no man-made boundary markers 
indicating the limits of the protected area had been established. The 
boundaries of the site are defined by natural features (i.e. 
coastlines).
    (d) Natural features that define the site: The Seal Islands CEMP 
Protected Area includes the entire Seal Islands group (see Section 
A.1(a) for definition). No buffer zones are defined for the site.
    (e) Access points: The site may be accessed by boat or aircraft at 
any point where pinnipeds and seabirds will not be adversely affected 
(see Sections D.1 and D.2). Access by small boat is recommended in most 
circumstances because the number of beach landing spots for helicopters 
(which must approach these spots by flying over water rather than over 
land) is very limited. There are no landing sites for fixed-winged 
aircraft.
    (f) Pedestrian and vehicular routes: Pedestrians should follow the 
advice of the local scientists in selecting pathways which will 
minimise disturbance to wildlife (see Section D.2(d)). Land vehicles 
are not permitted except in the immediate vicinity of the field camp 
and the beach (see Section D.2(c)).
    (g) Preferred anchorages: Numerous shoals and pinnacles are known 
to exist in the vicinity of the Seal Islands, and navigation charts of 
the area are incomplete. Most ships visiting the area recently have 
preferred an anchorage spot approximately 1.5 km to the southeast of 
Seal Island (Figure 2), which has a rather consistent depth of 
approximately 18 m. A second anchorage utilised by smaller vessels is 
located approximately 0.5 km to the northeast of Seal Island (Figure 2) 
at a depth of about 20 m. Organisation(s) conducting CEMP studies at 
the site can provide further details about sailing instructions 
pertaining to these anchorages (see Section E.2).
    (h) Location of structures within the site: As of March 1999 no 
structures remained on Seal Island. Between 1996 and 1999, all 
structures were dismantled and retrograded from the island.
    (i) Areas within the site where activities are constrained: The 
protection measures specified in Section D apply to all areas within 
the Seal Islands Protected Area, as defined in Section A.1(d).
    (j) Location of nearby scientific research or refuge facilities: 
The nearest research facility to the site is the scientific field camp 
maintained by the Brazilian government at Stinker Point, Elephant 
Island (61[deg]04' S, 55[deg]21' W), which is approximately 26 km south 
of Seal Island. However in some years this site is not occupied. 
Numerous scientific stations and research facilities are located on 
King George Island, which is approximately 215 km southwest of Seal 
Island.
    (k) Areas or sites protected under the Antarctic Treaty System: No 
areas or sites within or near (i.e. within 100 km) the Seal Island 
Protected Area have been accorded protected status in accordance with 
measures adopted under the Antarctic Treaty or other components of the 
Antarctic Treaty System which are in force.
    2. Maps of the site:
    (a) Figure 1 shows the geographical position of the Seal Islands in 
relation to major surrounding features, including the South Shetland 
Islands and adjacent bodies of water.
    (b) Figure 2 illustrates the location of the entire Seal Islands 
archipelago and preferred vessel anchorages. The detailed insert of 
Seal Island in Figure 2 shows the location of structures associated 
with CEMP studies and the location of the point of highest elevation 
(indicated by a cross).
B. Biological Features
    1. Terrestrial: There is no information on soil biology at Seal 
Island but it is likely that similar types of plants and invertebrates 
are found as at other sites in the South Shetland Islands. Lichens are 
present on stable rock surfaces. There is no evidence of well-developed 
moss or grass banks being present on Seal Island.
    2. Inland waters: There are no known lakes or ephemeral ponds of 
significance on Seal Island.
    3. Marine: No studies on littoral communities have been carried 
out.
    4. Birds: Seven species of birds are known to breed on the Seal 
Islands: chinstrap penguins (Pygoscelis antarctica), macaroni penguins 
(Eudyptes chrysolophus), Cape petrels (Daption capense), Wilson's storm 
petrels (Oceanites oceanicus), southern giant petrels (Macronectes 
giganteus), southern black-backed gulls (Larus dominicanus) and 
American Sheathbills (Chionis alba). The chinstrap penguin population 
on Seal Island numbers approximately 20,000 breeding pairs, nesting in 
about 60 colonies throughout the island. About 350 pairs of macaroni 
penguins nest on Seal Island in five separate colonies. The nesting and 
chick-rearing period for chinstrap and macaroni penguins at Seal Island 
extends from November to March. No surveys have been made of Cape 
petrel or storm petrel populations, however, both species are numerous; 
the Cape petrels nest on cliff faces and the storm petrels nest in 
burrows in the talus slopes. Brown skuas (Catharacta lnnbergi) are 
common. Blue-eyed shags (Phalacrocorax atriceps), Ad[eacute]lie 
penguins (Pygoscelis adeliae), gentoo penguins (Pygoscelis papua), king 
penguins (Aptenodytes patagonicus) and rockhopper penguins (Eudyptes 
chrysocome) are among the avian visitors to the area.
    5. Pinnipeds: Five species of pinnipeds have been observed at Seal 
Island: Antarctic fur seals (Arctocephalus gazella), southern elephant 
seals (Mirounga leonina), Weddell seals (Leptonychotes weddellii), 
leopard seals (Hydrurga leptonyx) and crabeater seals (Lobodon 
carcinophagus). Of these, fur seals are the only confirmed breeders on 
the island, although small numbers of elephant seals probably breed on 
the island early in the spring. During the last few years approximately 
600 fur seal pups have been born in the Seal Islands group, with 
approximately half of these born on Seal Island and half on Large Leap 
Island (Figure 2). The fur seal pupping and pup-rearing period at Seal 
Island extends from late November to early April. During the austral 
summer, elephant seals are ashore during their moult period; Weddell 
seals regularly haul out on the beaches; crabeater seals are infrequent 
visitors; and leopard seals are common both ashore and in coastal 
waters where they prey on penguins and fur seal pups.
C. CEMP Studies
    1. The presence at the Seal Islands of both Antarctic fur seal and 
penguin breeding colonies, as well as significant commercial krill 
fisheries within the foraging range of these species make this an 
excellent site for inclusion in the CEMP network of sites established 
to help meet CCAMLR objectives. However, recent geological assessments 
of Seal Island have indicated that soil composition of cliff areas 
above and around the camp site are unstable and might result in 
catastrophic failure during periods of intense rainfall. Therefore, in 
1994 the AMLR Program terminated its research at Seal Island

[[Page 4133]]

and between 1996 and 1999 dismantled and retrograded all camp and 
observation blind structures.
    2. No CEMP studies are being conducted at Seal Island and the USA 
has no plans to occupy the site in the future except to conduct seal 
and bird censuses.
D. Protection Measures
    1. Prohibited activities and temporal constraints:
    (a) Throughout the site at all times of the year. Any activities 
which damage, interfere with, or adversely affect CEMP monitoring and 
directed research which potentially could be conducted at this site are 
not permitted.
    (b) Throughout the site at all times of the year. Any non-CEMP 
activities are not permitted which result in:
    (i) Killing, injuring, or disturbing pinnipeds or seabirds;
    (ii) Damaging or destroying pinniped or seabird breeding areas; or
    (iii) Damaging or destroying the access of pinnipeds or seabirds to 
their breeding areas.
    (c) Throughout the site at defined parts of the year: Human 
occupation of the site during the period 1 June to 31 August is not 
permitted except under emergency circumstances.
    (d) In parts of the site at all times of the year: Building 
structures within the boundaries of any pinniped or seabird colony is 
not permitted. For this purpose, colonies are defined as the specific 
locations where pinniped pups are born or where seabird nests are 
built. This prohibition does not pertain to placing markers (e.g. 
numbered stakes, posts etc.) or situating research equipment in 
colonies as may be required to facilitate scientific research.
    (e) In parts of the site at defined parts of the year: Entry into 
any pinniped or seabird colonies during the period 2 September to 31 
May is not permitted except in association with CEMP activities.
    2. Prohibitions regarding access to and movement within or over the 
site:
    (a) Entry of the site at locations where pinniped or seabird 
colonies are present in the immediate vicinity is not permitted.
    (b) Aircraft overflight of the site is not permitted at altitudes 
less than 1,000 m unless the proposed flight plan has been reviewed in 
advance by the organisation(s) conducting CEMP activities at the site 
(see Section E.2).
    (c) The use of land vehicles is not permitted except to transport 
equipment and supplies to and from the field camp.
    (d) Pedestrians are not permitted to walk through areas used 
regularly by pinnipeds and seabirds (i.e. colonies, resting areas, 
pathways) or to disturb other fauna or flora, except as necessary to 
conduct authorised research.
    3. Prohibitions regarding structures:
    (a) New structures are not permitted to be built within the site 
unless the proposed plans have been reviewed in advance by the 
organisation(s) conducting CEMP activities at the site (see Section 
E.2).
    (b) Building structures other than those directly supporting CEMP 
directed scientific research and monitoring activities or to house 
personnel and/or their equipment is not permitted.
    (c) Human occupation of these structures is not permitted during 
the period 1 June to 31 August (see Section D.1(c)).
    4. Prohibitions regarding waste disposal:
    (a) Landfill disposal of non-biodegradable materials is not 
permitted; non-biodegradable materials brought to the site are to be 
removed when no longer in use.
    (b) Disposal of waste fuels, volatile liquids and scientific 
chemicals within the site is not permitted; these materials are to be 
removed from the site for proper disposal elsewhere.
    (c) The burning of any non-organic materials or the open burning of 
any materials is not permitted (except for properly used fuels for 
heating, lighting, cooking or electricity).
    5. Prohibitions regarding the Antarctic Treaty System:
    It is not permitted to undertake any activities in the Seal Islands 
CEMP Protected Area which are not in compliance with the provisions of: 
(i) The Antarctic Treaty, including the Agreed Measures for the 
Conservation of Antarctic Fauna and Flora; (ii) the Convention on the 
Conservation of Antarctic Seals; and (iii) the Convention on the 
Conservation of Antarctic Marine Living Resources.
E. Communications Information
    1. Organisation(s) appointing national representatives to the 
Commission: Bureau of Oceans and International Environmental and 
Scientific Affairs U.S. Department of State, Washington, DC 20520, USA, 
Telephone: +1 (202) 647 3262, Facsimile: +1 (202) 647 1106.
    2. Organisation(s) which potentially might conduct CEMP studies at 
the site: U.S. Antarctic Marine Living Resources Program, Southwest 
Fisheries Science Center, National Marine Fisheries Service, NOAA, PO 
Box 271, La Jolla, CA 92038, USA, Telephone: +1 (858) 546 5601, 
Facsimile: +1 (858) 546 5608.
Annex 91-03/A Seal Islands, Appendix 1
Code of Conduct for the Seal Islands, Antarctica
    Investigators should take all reasonable steps to ensure that their 
activities, both in implementing their scientific protocols as well as 
in maintaining a field camp, do not unduly harm or alter the natural 
behaviour and ecology of wildlife in the Seal Islands. Wherever 
possible, actions should be taken to minimise disturbance of the 
natural environment. Capturing, handling, killing, photographing and 
taking eggs, blood or other biological samples from pinnipeds and 
seabirds should be limited to that necessary to provide essential 
background information or to characterise and monitor individual and 
population parameters that may change in detectable ways in response to 
changes in food availability or other environmental factors. Sampling 
should be done and reported in accordance with: (i) The Antarctic 
Treaty, including the Agreed Measures for the Conservation of Antarctic 
Fauna and Flora; (ii) the Convention for the Conservation of Antarctic 
Seals; and (iii) the Convention on the Conservation of Antarctic Marine 
Living Resources.
    Geological and other studies which can be done inside of the 
pinniped and seabird breeding seasons in such a way as they do not 
damage or destroy pinniped or seabird breeding areas, or access to 
those areas, would be permitted as long as they would not adversely 
affect the planned assessment and monitoring studies. Likewise, the 
planned assessment and monitoring studies would not be affected 
adversely by periodic biological surveys or studies of other species 
which do not result in killing, injuring or disturbing pinnipeds or 
seabirds, or damage or destroy pinnipeds or seabird breeding areas or 
access to those areas.
Annex 91-03/A Seal Islands, Appendix 2
Background Information Concerning the Seal Islands, Antarctica
    Prior to 1819, there were substantial colonies of fur seals, and 
possible elephant seals, throughout the South Shetland Islands 
archipelago. Thereafter, commercial exploitation increased and, by the 
mid-1820s, fur seal breeding colonies had been completely destroyed 
throughout the South Shetland Islands (Stackpole, 1955; O'Gorman, 
1963). Antarctic fur seals were not observed again in the South 
Shetland Islands until 1958, when a small colony was discovered at

[[Page 4134]]

Cape Shirreff, Livingston Island (O'Gorman, 1961). The original 
colonisers probably came from South Georgia where surviving fur seal 
colonies had substantially recovered by the early 1950s. At present, 
the fur seal rookeries in the Seal Islands group are the second largest 
in the South Shetland Islands, with the largest rookeries being at Cape 
Shirreff and Telmo Islands, Livingston Island (Bengtson et al., 1990). 
During the past three decades, the population of Antarctic fur seals in 
the South Shetland Islands grew to a level at which tagging or other 
research could be undertaken at selected locations without threatening 
the population's continued existence and growth. During the 1986/87 
austral summer, researchers from the USA surveyed areas on the South 
Shetland Islands and the Antarctic Peninsula to identify fur seal and 
penguin breeding colonies that might be suitable for inclusion in the 
network of CEMP monitoring sites being established. The results of that 
survey (Shuford and Spear, 1987; Bengtson et al., 1990), suggested that 
the Seal Island area would be an excellent site for long-term 
monitoring of fur seal and penguin colonies that might be affected by 
fisheries in the Antarctic Peninsula Integrated Study Region.
    To safely and effectively carry out a long-term monitoring program, 
a temporary, multi-year field camp for a small group of researchers was 
established on Seal Island. This camp was occupied annually by U.S. 
scientists during the austral summer (approximately December to 
February) between 1986/87 and 1993/94. Because of the geological 
assessment that the cliff areas above and around the camp site are 
unstable and might result in catastrophic failure during periods of 
intense rainfall, the camp was closed. Between 1995/96 and 1998/99 all 
buildings, equipment, and supplies were retrograded from the island. In 
1991, to protect the site from damage or disturbance that could 
adversely affect the long-term CEMP monitoring and directed research 
which were being conducted and planned for the future, the Seal Islands 
were proposed as a CEMP Protected Area. At its 1997 meeting (SC-CAMLR-
XVI, paragraphs 4.17 to 4.20), the CCAMLR Scientific Committee reviewed 
the status of the Seal Island CEMP site management plan. Based on the 
expectation that research at the site would end, the Scientific 
Committee agreed that site protection would be extended for five years.

Bibliography

    Bengtson, J.L., L.M. Ferm, T.J. H[auml]rk[ouml]nen and B.S. 
Stewart. 1990. Abundance of Antarctic fur seals in the South 
Shetland Islands, Antarctica, during the 1986/87 austral summer. In: 
Kerry, K. and G. Hempel (Eds). Antarctic Ecosystems, Proceedings of 
the Fifth SCAR Symposium on Antarctic Biology. Springer-Verlag, 
Berlin: 265-270.
    O'Gorman, F.A. 1961. Fur seals breeding in the Falkland Island 
Dependencies. Nature, Lond., 192: 914-916.
    O'Gorman, F.A. 1963. The return of the Antarctic fur seal. New 
Scientist, 20: 374-376.
    Shuford, W.D. and L.B. Spear. 1987. Surveys of breeding penguins 
and other seabirds in the South Shetland Islands, Antarctica, 
January-February 1987. Report of the U.S. National Marine Fisheries 
Service.
    Stackpole, E.A. 1955. The voyage of the Huron and the Huntress: 
the American sealers and the discovery of the continent of 
Antarctic. The Marine Historical Association, Inc., Mystic, Conn., 
29: 1-86.
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Resolution 7/IX

Driftnet fishing in the Convention Area
(Species: all; Area: all; Season: all; Gear: drifnet)

    1. The Commission endorsed the goals of the UN General Assembly 
Resolution 44/225 on large-scale pelagic driftnet fishing, which calls, 
inter alia, for a cessation of any further expansion of large-scale 
pelagic driftnet fishing on the high seas. Recognising the 
concentration of marine living resources present in Antarctic waters, 
it was noted that large-scale pelagic driftnet fishing can be a highly 
indiscriminate and wasteful fishing method that is widely considered to 
threaten the effective conservation of living marine resources. 
Although no Member is currently engaged in large-scale pelagic driftnet 
fishing in the Convention Area, the Commission expressed concern about 
the potential impact on marine living resources if large-scale pelagic 
driftnet fishing were to expand into the Convention Area.
    2. To this end, the Commission agreed, in accordance with UN 
Resolution 44/225, that there will be no expansion of large-scale 
pelagic driftnet fishing into the Convention Area.
    3. It was agreed that, in accordance with Article X, the Commission 
would draw this Resolution to the attention of any State that is not a 
Party to the Convention and whose nationals or vessels engage in large-
scale pelagic driftnet fishing.

Resolution 10/XII

Resolution on harvesting of stocks occurring both within and outside 
the Convention Area
(Species: all; Area: all; Season: all; Gear: all)
The Commission,

    Recalling the principles of conservation in Article II of the 
Convention and in particular that of the maintenance of the ecological 
relationships between harvested, dependent and related populations of 
Antarctic marine living resources,
    Recalling the requirement under Article XI of the Convention for 
the Commission to seek to cooperate with Contracting Parties which may 
exercise jurisdiction in marine areas adjacent to the area to which the 
Convention applies in respect of the conservation of any stock or 
stocks of associated species which occur both within those areas and 
the area to which the Convention applies, with a view to harmonising 
the Conservation Measures adopted in respect of such stocks,
    Emphasising the importance of further research on any stock or 
stocks of species which occur both within the area of the Convention 
and within adjacent areas,
    Noting the concerns expressed by the Scientific Committee on the 
substantial exploitation of such stocks inside and outside the 
Convention Area, reaffirmed that Members should ensure that their flag 
vessels conduct harvesting of such stocks in areas adjacent to the 
Convention Area responsibly and with due respect for the Conservation 
Measures it has adopted under the Convention.

Resolution 14/XIX

Catch Documentation Scheme: implementation by Acceding States and non-
Contracting Parties
(Species: Toothfish; Area: all; Season: all; Gear: all)
The Commission,

    Having considered reports on the implementation of the Catch 
Documentation Scheme for Dissostichus spp. established by Conservation 
Measure 10-05 (1999),
    Being satisfied that the Scheme has been successfully launched, and 
noting the improvements to the scheme made by Conservation Measures 10-
05 (2000) and 10-05 (2001),
    Conscious that the effectiveness of the Scheme depends also on 
implementation of the Scheme by those Contracting Parties which are not 
Members of the Commission (`Acceding States') but which fish for, or 
trade in, Dissostichus spp., as well as by non-Contracting Parties,
    Concerned at the evidence that several acceding States and non-
Contracting Parties which continue to be engaged in fishing for, or 
trading in, Dissostichus spp. are not implementing the Scheme,
    Particularly concerned at the failure by such acceding States to 
implement the Scheme, to uphold and promote its objectives, and to meet 
their obligations under Article XXII to exert appropriate efforts with 
regard to activities contrary to the objectives of the Convention,
    Determined to take all necessary measures, consistent with 
international law, to ensure that the effectiveness and credibility of 
the Scheme is not harmed by non-implementation of it by acceding States 
and non-Contracting Parties,
    Acting pursuant to Article X of the Convention,
    1. Urges all Acceding States and non-Contracting Parties not 
participating in the Catch Documentation Scheme which fish for, or 
trade in, Dissostichus spp. to implement the Scheme as soon as 
possible.
    2. Requests to this end that the CCAMLR Secretariat convey this 
resolution to such Acceding States and non-Contracting Parties and give 
all possible advice and assistance to them.
    3. Recommends that Members of the Commission make appropriate 
representations concerning this resolution to such Acceding States and 
non-Contracting Parties.
    4. Reminds Members of the Commission of their obligation under the 
Catch Documentation Scheme to prevent trade in Dissostichus spp. in 
their territory, or by their flag vessels, with Acceding States or non-
Contracting Parties when it is not carried out in compliance with the 
Scheme.
    5. Decides to consider the matter again at the Twentieth Meeting of 
the Commission in 2001 with a view to taking such further measures as 
may be necessary.

Resolution 15/XXII

Use of ports not implementing the Catch Documentation Scheme for 
Dissostichus spp.
(Species: Toothfish; Area: all; Season: all; Gear: all)
The Commission,

    Noting that a number of Acceding States and non-Contracting Parties 
not participating in the Catch Documentation Scheme for Dissostichus 
spp., as set out in Conservation Measure-10-05, continue to trade in 
Dissostichus spp.,
    Recognising that these Acceding States and non-Contracting Parties 
thus do not participate in the landing procedures for Dissostichus spp. 
accompanied by Dissostichus Catch Documents, urges Contracting Parties,
    When licensing a vessel to fish for Dissostichus spp. either inside 
the Convention Area under Conservation Measure 10-02, or on the high 
seas, to require, as a condition of that licence \1\, that the vessel 
should land catches only in States that are fully implementing the CDS; 
and to attach to the licence a list of all Acceding States and non-
Contracting Parties that are fully implementing the Catch Documentation 
Scheme.

    \1\ Includes permits and authorisations.

Resolution 16/XIX

Application of VMS in the Catch Documentation Scheme
(Species: Toothfish; Area: all; Season: all; Gear: all)

    The Commission agreed that, on a voluntary basis, subject to their 
laws and regulations, Flag States participating in the Catch 
Documentation Scheme for Dissostichus spp. should ensure that their 
flag vessels authorised to fish for or tranship

[[Page 4137]]

Dissostichus spp. on the high seas maintain an operational VMS, as 
defined in Conservation Measure 10-04, throughout the whole of the 
calendar year.\1\

    \1\ This requirement does not extend to vessels of less than 19 
m engaged in artisanal fisheries.

Resolution 17/XX

Use of VMS and other measures for the verification of CDS catch data 
for areas outside the Convention Area, in particular, in FAO 
Statistical Area 51
(Species: toothfish; Area: north of Convention Area; Season: all; Gear: 
all)
The Commission,

    Recognising the need to continue to take action, using a 
precautionary approach, based on the best scientific information 
available, in order to ensure the long-term sustainability of 
Dissostichus spp. stocks in the Convention Area,
    Concerned that the Catch Documentation Scheme for Dissostichus spp. 
(CDS) could be used to disguise illegal, unreported and unregulated 
(IUU) catches of Dissostichus spp. in order to gain legal access to 
markets,
    Concerned that any misreporting and misuse of the CDS seriously 
undermines the effectiveness of CCAMLR Conservation Measures,
    1. Urges States participating in the CDS to ensure that 
Dissostichus Catch Documents (DCDs) relating to landings or imports of 
Dissostichus spp., when necessary, are checked by contact with Flag 
States to verify that the information in the DCD is consistent with the 
data reports derived from an automated satellite-linked Vessel 
Monitoring System (VMS) \1\.
    2. Urges States participating in the CDS, if necessary to that end, 
to consider reviewing their domestic laws and regulations, with a view 
to prohibiting, in a manner consistent with international law, 
landings/transhipments/imports of Dissostichus spp. declared in a DCD 
as having been caught in FAO Statistical Area 51 if the Flag State 
fails to demonstrate that it verified the DCD using automated 
satellite-linked VMS derived data reports.
    3. Requests the Scientific Committee to review the data concerning 
the areas where Dissostichus spp. occur outside the Convention Area and 
the potential biomass of Dissostichus spp. in such areas, in order to 
assist the Commission in the conservation and management of 
Dissostichus stocks and in defining the areas and potential biomasses 
of Dissostichus spp. which could be landed/imported/exported under the 
CDS.

    \1\ In this regard, verification of the information in the 
relevant DCD shall not be requested for the trawlers as described in 
Conservation Measure 10-05, footnote 1.

Resolution 18/XXI

Harvesting of Dissostichus eleginoides in areas outside of Coastal 
State jurisdiction adjacent to the CCAMLR Area in FAO Statistical Areas 
51 and 57
(Species: toothfish; Area: north of Convention Area; Season: all; Gear: 
all)
The Commission,

    Affirming that CCAMLR was established to conserve the marine living 
resources of the Antarctic marine ecosystem,
    Recognising that CCAMLR also has the attributes of a regional 
fisheries management organisation as considered under the auspices of 
the United Nations,
    Recognising that CCAMLR is the primary body responsible for the 
conservation and rational use of Dissostichus eleginoides in areas not 
under national jurisdiction,
    Noting Resolution 10/XII concerning the need to harmonise 
management measures within and adjacent to the CCAMLR Area taking into 
account Article 87 of UNCLOS and in recognition of the obligations to 
conserve the living resources of the high seas under Articles 117 to 
119 of UNCLOS,
    Noting the role of cooperation in scientific research through 
collecting and exchanging data,
    Recognising that measures to manage harvesting of stocks of 
Dissostichus eleginoides are needed in high seas of FAO Statistical 
Areas 51 and 57,
    Recommends that Members provide data and other information, subject 
to their laws and regulations, relevant to understanding the biology 
and estimating the status of stocks in FAO Statistical Areas 51 and 57.
    Recommends that Members take steps necessary to conduct only that 
level of harvesting of Dissostichus eleginoides in FAO Statistical 
Areas 51 and 57, which would ensure the conservation of this species in 
the Convention Area.

Resolution 19/XXI

Flags of non-compliance*
(Species: all; Area: all; Season: all; Gear: all)
The Commission,

    Concerned that some Flag States, particularly certain non-
Contracting Parties, do not comply with their obligations regarding 
jurisdiction and control according to international law in respect of 
fishing vessels entitled to fly their flag that carry out their 
activities in the Convention Area, and that as a result these vessels 
are not under the effective control of such Flag States,
    Aware that the lack of effective control facilitates fishing by 
these vessels in the Convention Area in a manner that undermines the 
effectiveness of CCAMLR's Conservation Measures, leading to illegal, 
unreported and unregulated (IUU) catches of fish and unacceptable 
levels of incidental mortality of seabirds,
    Considering therefore such fishing vessels to be flying Flags of 
Non-Compliance (FONC) in the context of CCAMLR (FONC vessels),
    Noting that the FAO Agreement to Promote Compliance with 
International Conservation and Management Measures by Fishing Vessels 
on the High Seas emphasizes that the practice of flagging or reflagging 
fishing vessels as a means of avoiding compliance with international 
conservation and management measures for living marine resources and 
the failure of the States to fulfil their responsibilities with respect 
of fishing vessels entitled to fly their flag, are among the factors 
that seriously undermine the effectiveness of such measures,
    Noting that the International Plan of Action to Prevent, Deter and 
Eliminate Illegal, Unreported and Unregulated Fishing calls on States 
to take measures to discourage nationals subject to their jurisdiction 
from supporting and engaging in any activity that undermines the 
effectiveness of international conservation and management measures, 
urges all Contracting Parties and non-Contracting Parties cooperating 
with CCAMLR to:
    1. Without prejudice to the primacy of the responsibility of the 
Flag State, to take measures or otherwise cooperate to ensure, to the 
greatest extent possible, that the nationals subject to their 
jurisdiction do not support or engage in IUU fishing, including 
engagement on board FONC vessels in the CCAMLR Convention Area if this 
is consistent with their national law.
    2. Ensure the full cooperation of their relevant national agencies 
and industries in implementing the measures adopted by CCAMLR.
    3. Develop ways to ensure that the export or transfer of fishing 
vessels from their State to a FONC State is prohibited.
    4. Prohibit the landings and transhipments of fish and fish 
products from FONC vessels.


[[Page 4138]]


    * Many of the flags hereby called FONC are commonly referred to 
as `flags of convenience'.

Resolution 20/XXII

Ice-strengthening standards in high-latitude fisheries \1\
(Species: all; Area: south of 60[deg]S; Season: all; Gear: all)
The Commission

    Recognising the unique circumstances in high-latitude fisheries, 
especially the extensive ice coverage which can pose a risk to fishing 
vessels operating in those fisheries,
    Recognising also that the safety of fishing vessels, crew and 
CCAMLR scientific observers is a significant concern of all Members,
    Further recognising the difficulties of search and rescue response 
in high-latitude fisheries,
    Concerned that collisions with ice could result in oil spills and 
other adverse consequences for Antarctic marine living resources and 
the pristine Antarctic environment,
    Considering that vessels fishing in high-latitude fisheries should 
be suitable for ice conditions,
    urges Members to licence to fish in high-latitude fisheries only 
those of their flag vessels with a minimum ice classification standard 
of ICE-1C \2\ which will remain current for the duration of the planned 
fishing activity.

    \1\ Subareas and divisions south of 60 S and adjacent to the 
Antarctic continent.
    \2\ As defined in the Det Norske Veritas (DNV) Rules for 
Classification of Ships or an equivalent standard of certification 
as defined by a recognised classification authority.

Resolution 21/XXIII

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

    Noting the successful implementation of the trial electronic Catch 
Documentation Scheme for Dissostichus spp. (E-CDS) during the 
intersessional period,
    Desiring to ensure that Dissostichus Catch Documents are handled in 
the most efficient and timely way,
    Aware of the importance of applying the best technologies to make 
the functioning of the Catch Documentation Scheme for Dissostichus spp. 
(CDS) more secure against, inter alia, possible fraudulent activities;
    Noting that, whilst paper-based Dissostichus Catch Documents will, 
for the time being, also be retained, some Contracting Parties are 
already converting to electronic systems,
    1. Urges Contracting Parties, and non-Contracting Parties 
cooperating in the CDS, to adopt the E-CDS as a matter of priority.
    2. Requests the Secretariat to compile information relating to, and 
submit a report on, the implementation of the E-CDS so that the 
effectiveness of the electronic scheme can be reviewed at the next 
meeting of the Commission.

Resolution 22/XXV

International actions to reduce the incidental mortality of seabirds 
arising from fishing
(Species: seabirds; Area: all; Season: all; Gear: all)
The Commission,

    Recollecting that the greatest current threats to species and 
populations of Southern Ocean seabirds breeding in the Convention Area 
are fishery-related incidental mortality and the potential impact of 
illegal, unreported and unregulated (IUU) fishing,
    Noting the substantial reduction of incidental mortality of 
seabirds in the Convention Area as a result of Conservation Measures 
implemented by the Commission,
    Concerned that, despite such measures, many populations of 
albatross and petrel species breeding in the Convention Area continue 
to decline and that such reductions in their populations are 
unsustainable,
    Concerned at increasing evidence of fishery-related incidental 
mortality of seabirds that breed and forage in the Convention Area,
    Noting that the seabirds caught are almost entirely albatross and 
petrel species which are threatened with global extinction,
    Recognising that some populations of albatrosses and petrels will 
not stabilise until total incidental mortality levels are significantly 
reduced,
    Recalling CCAMLR's collaborations with the Agreement on the 
Conservation of Albatrosses and Petrels (ACAP), a multilateral 
agreement that provides a focus for international cooperation and 
exchange of information and expertise towards the conservation of the 
declining populations of these seabirds,
    Recalling repeated attempts to communicate these concerns to RFMOs,
    1. Invites listed RFMOs (Appendix 1), consistent with the FAO's 
Code of Conduct for Responsible Fisheries and the IPOA-Seabirds, to 
implement or develop, as appropriate, mechanisms to require the 
collection, reporting and dissemination of annual data on seabird 
incidental mortality, particularly:
    (i) Rates of incidental mortality of seabirds associated with each 
fishery, details of the seabird species involved, and estimates of 
total seabird mortality (at least at the scale of FAO area);
    (ii) Measures to reduce or eliminate incidental mortality of 
seabirds that are in use in each fishery and the extent to which any of 
these are voluntary or mandatory, together with an assessment of their 
effectiveness;
    (iii) Scientific observer programs that can provide comprehensive 
spatial and temporal coverage of fisheries to allow statistically 
robust estimation of incidental mortality associated with each fishery.
    2. For high-seas areas within the range of seabirds that breed and 
forage in the Convention Area, where unregulated fishing takes place or 
where systematic data reporting has not yet been introduced by listed 
RFMOs, the Executive Secretary should contact Flag States which have 
vessels in these areas to:
    (i) Express CCAMLR's interest in such seabird species,
    (ii) Indicate the need to require such fishing vessels to collect 
and report the data specified in paragraph 1 above, and
    (iii) Forward these data to the CCAMLR Secretariat to be made 
available to ad hoc WG-IMAF.
    3. Encourages Contracting Parties to:
    (i) Request that the topic of seabird incidental mortality be 
included on the agenda of meetings of pertinent RFMOs and, where 
possible and appropriate, to send relevant experts to these meetings;
    (ii) Identify those areas and circumstances where incidental 
mortality of seabirds that breed and forage in the Convention Area 
occurs;
    (iii) Identify and continue to develop those mitigation measures 
which would be most effective at reducing or eliminating such mortality 
and to require such measures to be implemented in the relevant 
fisheries.
    4. Encourages Contracting Parties involved with new and developing 
RFMOs to request that incidental mortality of seabirds is adequately 
addressed and mitigated. Appropriate initiatives might include:
    (i) Establishment or expansion of existing observer programs and 
adoption of appropriate data collection protocols on seabird incidental 
mortality;
    (ii) Establishment of by-catch working groups that will address 
incidental mortality issues and make recommendations for practicable 
and effective mitigation measures, including evaluation of established 
and innovative technologies and techniques;
    (iii) Evaluations of fishery impacts on the affected seabird 
populations;
    (iv) Collaborations (e.g. on data exchange) with listed RFMOs.

[[Page 4139]]

    5. Encourages Contracting Parties to:
    (i) Implement, as appropriate, measures to reduce or eliminate 
seabird incidental mortality;
    (ii) Require such flagged vessels to collect and report the data 
specified in paragraph 1 above;
    (iii) Report to the CCAMLR Secretariat annually on the 
implementation of such measures, including their effectiveness in 
reducing seabird incidental mortality.
    6. Requests ad hoc WG-IMAF, at its annual meeting, to collate and 
analyse reports relating to paragraphs 1, 2 and 5 above and advise the 
Commission, through the Scientific Committee, on the implementation and 
effectiveness of this resolution.
    7. Further requests the Secretariat to bring this resolution to the 
attention of the RFMOs listed in Appendix 1 and seek their cooperation 
on its implementation.
Appendix 1
Regional Fisheries Management Organisations Identified for Contact With 
Respect to Collaborations on the Mitigation of By-Catch of Southern 
Ocean Seabirds
Inter-American Tropical Tuna Commission (IATTC)
International Commission for the Conservation of Atlantic Tunas 
(ICCAT)
South East Atlantic Fisheries Organisation (SEAFO)
Indian Ocean Tuna Commission (IOTC)
Commission for the Conservation of Southern Bluefin Tuna (CCSBT)
Agreement on the Organization of the Permanent Commission on the 
Exploitation and Conservation of the Marine Resources of the South 
Pacific, 1952 (CPPS)
Southwest Indian Ocean Fisheries Commission (SWIOFC)
Commission for Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific (WCPFC)
Western Indian Ocean Tuna Organization Convention (WIOTO)
The organization does not have regulatory power.
Southern Indian Ocean Fisheries Agreement (SIOFA)

Resolution 23/XXIII

Safety on board vessels fishing in the Convention Area
(Species: all; Area: all; Season: all; Gear: all)
The Commission,

    Recognising the difficult and dangerous conditions experienced in 
high-latitude fisheries in the Convention Area,
    Further considering the remoteness of those waters and in 
consequence the difficulties of search and rescue response,
    Desiring to ensure that the safety of fishing crews and CCAMLR 
scientific observers remains a priority concern of all Members,
    Urges Members to take particular measures through, inter alia, 
appropriate survival training and the provision and maintenance of 
appropriate equipment and clothing to promote the safety of all those 
on board vessels fishing in the Convention Area.

Resolution 25/XXV

Combating illegal, unreported and unregulated fishing in the Convention 
Area by the flag vessels of non-Contracting Parties
(Species: all; Area: all; Season: all; Gear: all)
The Commission,

    Concerned about the increasing number of vessels repeatedly fishing 
in the Convention Area in an illegal, unreported or unregulated (IUU) 
manner,
    Recognising that such fishing is causing potentially irreversible 
damage to fish stocks and other marine species and preventing the 
Commission from achieving its objective of conservation of Antarctic 
marine living resources in the Convention Area,
    Concerned that many of these vessels are flagged to non-Contracting 
Parties that have failed to respond to correspondence from the 
Commission and diplomatic and other representations by Commission 
Members, seeking that they cooperate with the Commission,
    Acknowledging that many of the above non-Contracting Parties are 
Parties to the United Nations Convention on the Law of the Sea 
(UNCLOS),
    Desiring to promote recognition that CCAMLR Conservation Measures 
constitute relevant standards needed to achieve conservation and 
rational use of Antarctic marine living resources,
    Noting that the International Plan of Action to prevent, deter and 
eliminate IUU fishing (IPOA-IUU) urges States to ensure that fishing 
vessels entitled to fly their flag do not engage in or support IUU 
fishing and requires that a Flag State be in a position to exercise its 
responsibility to control any vessel it registers and ensure such 
vessels do not engage in or support IUU fishing,
    Determined to pursue diplomatic and other action, in accordance 
with international law, with non-Contracting Parties that fail to 
cooperate with CCAMLR, including by failing to direct their flag 
vessels to cease IUU fishing and failing to take legal and other action 
against their flag vessels that disobey such directions,
    Recognising the value of cooperation and joint diplomatic 
approaches by CCAMLR
    Contracting Parties in undertaking such action and exerting 
influence, urges all Contracting Parties to individually and 
collectively, including in other relevant international fora such as 
the United Nations Food and Agriculture Organization and regional 
fisheries management organisations, to the extent possible in 
accordance with their applicable laws and regulations:
    1. Pursue diplomatic and other action, in accordance with 
international law, with non-Contracting Party Flag States, seeking, as 
appropriate, that they:
    (i) Recognise that CCAMLR Conservation Measures constitute relevant 
standards needed to achieve conservation and rational use of Antarctic 
marine living resources;
    (ii) Investigate the activities of vessels fishing under their flag 
in the Convention Area, in accordance with Article 94 of UNCLOS, and 
report findings of such investigations to the Commission;
    (iii) Accede to the Convention and cooperate with the Commission 
and, until such time as they do, direct their flag vessels not to fish 
in the Convention Area and take legal and other action against those 
vessels that disobey this directive;
    (iv) Grant permission for boarding and inspection by designated 
CCAMLR inspectors of their flag vessels suspected of, or found to be, 
fishing in an IUU manner in the Convention Area.
    2. Seek the cooperation of non-Contracting Party Port States when 
IUU fishing vessels seek to use the ports of non-Contracting Parties, 
urging them to take the steps in accordance with Conservation Measure 
10-07.

Policy To Enhance Cooperation Between CCAMLR and Non-Contracting 
Parties

    (as adopted at CCAMLR-XVIII and amended at CCAMLR-XXV)
    The Commission, in order to:
    <bullet> Ensure the effectiveness of CCAMLR Conservation Measures;
    <bullet> Enhance cooperation with non-Contracting Parties, 
including those implicated in fishing which undermines the 
effectiveness of those measures (hereafter referred to as illegal, 
unreported and unregulated fishing (IUU) fishing); and
    <bullet> Eliminate IUU fishing, including that by non-Contracting 
Parties,
    hereby adopts the following policy:
    I. The Executive Secretary is requested to develop a list of non-
Contracting Parties implicated in IUU fishing and or trade either after 
the

[[Page 4140]]

adoption of this policy or during the three years prior, which has 
undermined the effectiveness of CCAMLR Conservation Measures.
    II. The Chairman of the Commission shall write to the Minister for 
Foreign Affairs of each non-Contracting Party included in the 
abovementioned list explaining how IUU fishing undermines the 
effectiveness of CCAMLR Conservation Measures. The letter, as 
appropriate, will:
    (a) Invite and encourage non-Contracting Parties to attend as 
observers at meetings of the Commission in order to improve their 
understanding of the work of the Commission and the effects of IUU 
fishing;
    (b) Encourage non-Contracting Parties to accede to the Convention;
    (c) Inform non-Contracting Parties of the development and 
implementation of the CCAMLR Catch Documentation Scheme for 
Dissostichus spp. and provide them with a copy of the Conservation 
Measure and the explanatory memorandum;
    (d) Encourage non-Contracting Parties to participate in the CCAMLR 
Catch Documentation Scheme and draw their attention to the consequences 
for them of not participating;
    (e) Request non-Contracting Parties to prevent their flag vessels 
from fishing in the Convention Area in a manner which undermines the 
effectiveness of measures adopted by CCAMLR to ensure conservation and 
sustainably managed fisheries;
    (f) If their flag vessels are involved in IUU fishing, request non-
Contracting Parties to provide information to the CCAMLR Secretariat on 
their vessels' activities, including catch and effort data;
    (g) Seek the assistance of non-Contracting Parties in investigating 
the activities of their flag vessels suspected of being involved in IUU 
fishing, including inspecting such vessels when they next reach port;
    (h) Request non-Contracting Parties to report to the CCAMLR 
Secretariat on landings and transhipments in their ports in accordance 
with the format specified in Attachment A; and
    (i) Request non-Contracting Parties to deny landing or 
transhipments in their ports for fish harvested in CCAMLR waters not 
taken in compliance with CCAMLR Conservation Measures and requirements 
under the Convention.
    III. Parties shall individually and collectively take all 
appropriate efforts to implement or assist in the implementation of 
this policy; such efforts may include taking concerted action on joint 
demarches on non-Contracting Parties to complement correspondence from 
the Chairman.
    IV. The Commission will annually review the effectiveness of the 
implementation of this policy.
    V. The Executive Secretary will regularly inform non-Contracting 
Parties concerned of new Conservation Measures adopted by CCAMLR.

Attachment A

Submission of Information by Non-Contracting Parties on Landings and 
Transhipments of Toothfish Dissostichus ssp.) in Their Ports

    To the extent possible the required information should be submitted 
in the following format:
    (i) Whether the vessel is a fishing or cargo vessel; if it is a 
fishing vessel, what type of vessel (trawler/longliner);
    (ii) The name, international call sign and registration number of 
the vessel;
    (iii) The flag and port of registration;
    (iv) Whether an inspection had been conducted by the Port State 
and, if so, its findings, including information on the fishing licence 
of the vessel concerned;
    (v) The species of fish involved, including the weight and form of 
catch, and whether it was landed or transhipped;
    (vi) If a fishing vessel, the location(s) in which it had operated 
according to the vessel's records and where it reported the catch as 
having been taken (CCAMLR or non CCAMLR); and
    (vii) The nature of any matters requiring further investigation by 
the Flag State.

Attachment B

CCAMLR Cooperation Enhancement Program

Objectives
    The aim of this Cooperation Enhancement Program is to encourage and 
build the capacity of non-Contracting Parties to cooperate with CCAMLR. 
The ultimate desired outcome is more countries working with CCAMLR to 
combat illegal, unreported and unregulated (IUU) fishing on the water 
and in their ports.
    Cooperation between non-Contracting Parties and CCAMLR may be 
through:
    <bullet> Exchange of information about IUU fishing with CCAMLR;
    <bullet> Participation in key CCAMLR initiatives, such as the CDS, 
through implementation of Conservation Measures;
    <bullet> Acceding to the Convention and/or joining the Commission, 
as appropriate.
Guiding Principles
    The Cooperation Enhancement Program has the following attributes:
    <bullet> A focus on technical cooperation;
    <bullet> Flexibility to tailor cooperation to meet the needs of 
both the Commission and the recipient State on a case-by-case basis;
    <bullet> A partnership model involving the CCAMLR Secretariat, 
experienced CCAMLR Member(s) as sponsors and the recipient States(s);
    <bullet> Matching of sponsors and recipients based on expertise, 
historical relationships between States and proximity;
    <bullet> Central repository of information and training material by 
the CCAMLR Secretariat.
Resourcing
    CCAMLR Members will initially fund their own costs of delivery and 
participation in cooperation enhancement exercises. The Commission 
should investigate other sources of funding, including the 
establishment of a special fund to which Contracting Parties can 
contribute. CCAMLR Members can develop their own training materials at 
any time as required.
    To encourage consistency and ensure effective use of Members' 
resources, CCAMLR Members will actively share training materials. This 
will be facilitated by the Secretariat maintaining a central repository 
of relevant materials and information on the CCAMLR Web site. CCAMLR 
Conservation Measures will always form the basis of technical and 
training cooperation. CCAMLR will fund the development of a package of 
standing training materials for the Catch Documentation Scheme that 
will be available to all members.
Selecting Countries for Capacity Building
    The Commission will agree a priority list of countries that may 
benefit from technical cooperation and update this list as required. 
The list will be developed from information submitted by members, 
including reports on the activity and movement of IUU fishing vessels 
and their interactions with non-Contracting Parties.
    Inclusion of countries on the list will be guided by the following 
criteria:
    <bullet> The country is a key flag and/or port State for toothfish, 
and its cooperation would assist the Commission to better control IUU 
fishing and trade of fish caught in an IUU manner and/or achieve the 
objective of the Convention.

[[Page 4141]]

    <bullet> The country is open to change and there is genuine 
political will to cooperate with CCAMLR and combat IUU fishing, but the 
country does not do so because it lacks the resources or expertise.
    <bullet> With some training and technical assistance over time, the 
country would eventually be able to implement relevant Conservation 
Measures on their own.
    <bullet> The country has appropriate government structures to 
commit the necessary time and resources to allow it to effectively 
participate in technical cooperation and is prepared to make a 
commitment to such cooperation (for example, by nominating a competent 
authority for implementation of the CDS).
Reporting
    CCAMLR Members are encouraged to report on the nature and outcomes 
of their technical cooperation. This reporting is at the discretion of 
Members, but could take the form of a Commission circular or a 
presentation at the Commission meeting.

Text of the CCAMLR System of Inspection \1\
---------------------------------------------------------------------------

    \1\ As adopted at CCAMLR-VII (paragraph 124) and amended at 
CCAMLR-XII (paragraphs 6.4 and 6.8), CCAMLR-XIII (paragraph 5.26), 
CCAMLR-XIV (paragraphs 7.22, 7.26 and 7.28), CCAMLR-XV (paragraph 
7.24), CCAMLR-XVI (paragraph 8.14), CCAMLR-XVIII (paragraph 8.25) 
and CCAMLR-XXV (paragraph 12.73).
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    I. Each Member of the Commission may designate Inspectors referred 
to in Article XXIV of the Convention.
    (a) Designated Inspectors shall be familiar with the fishing and 
scientific research activities to be inspected, the provisions of the 
Convention and measures adopted under it.
    (b) Members shall certify the qualifications of each Inspector they 
designate.
    (c) Inspectors shall be nationals of the Contracting Party which 
designates them and, while carrying out inspection activities, shall be 
subject solely to the jurisdiction of that Contracting Party.
    (d) Inspectors shall be able to communicate in the language of the 
Flag State of the vessels on which they carry out their activities.
    (e) Inspectors shall be accorded the status of ship's officer while 
on board such vessels.
    (f) Names of Inspectors shall be communicated to the Secretariat 
within fourteen days of designation.
    II. The Commission shall maintain a register of certified 
Inspectors designated by Members.
    (a) The Commission shall communicate, each year, the register of 
Inspectors to each Contracting Party within a month of the last day of 
the Commission meeting.
    III. In order to verify compliance with Conservation Measures 
adopted under the Convention, Inspectors designated by Members shall be 
entitled to board a fishing or fisheries research vessel in the area to 
which the Convention applies to determine whether the vessel is, or has 
been, engaged in scientific research, or harvesting, of marine living 
resources.\2\
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    \2\ The Commission stated its understanding that the System of 
Inspection applied to flag vessels of all Members of the Commission 
and where appropriate, Acceding States (CCAMLR-XIV, paragraph 7.25).
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    (a) Inspection may be carried out by designated Inspectors from 
vessels of the Designating Member.
    (b) Ships carrying Inspectors shall carry a special flag or pennant 
approved by the Commission to indicate that the Inspectors on board are 
carrying out inspection duties in accordance with this system.
    (c) Such Inspectors may also be placed on board vessels, with the 
schedule of embarkation and disembarkation of Inspectors subject to 
arrangements to be concluded between the Designating Member and the 
Flag State.
    IV. Each Contracting Party shall provide to the Secretariat:
    (a) One month before the commencement of the research cruise and in 
accordance with Conservation Measure 24-01 `The Application of 
Conservation Measures to Scientific Research', the names of all vessels 
intending to conduct fishing for research purposes.
    (b) Within seven days of the issuance of each permit or licence in 
accordance with Conservation Measure 10-02 `Licensing and Inspection 
Obligations of Contracting Parties with regard to their Flag Vessels 
Operating in the Convention Area', the following information about 
licences or permits issued by its authorities to its flag vessels 
authorising them to fish in the Convention Area:
    <bullet> Name of the vessel;
    <bullet> Time periods authorised for fishing (start and end dates);
    <bullet> Area(s) of fishing;
    <bullet> Species targeted; and
    <bullet> Gear used.
    (c) By 31 August, an annual report of steps it has taken to 
implement the inspection, investigation and sanction provisions of 
Conservation Measure 10-02 `Licensing and Inspection Obligations of 
Contracting Parties with regard to their Flag Vessels Operating in the 
Convention Area'.
    V. (a) Any vessel present in the Convention Area for the purpose of 
harvesting or conducting scientific research on marine living resources 
shall, when given the appropriate signal in the International Code of 
Signals by a ship carrying an Inspector (as signified by flying the 
flag or pennant referred to above), stop or take other such actions as 
necessary to facilitate the safe and prompt transfer of the Inspector 
to the vessel, unless the vessel is actively engaged in harvesting 
operations, in which case it shall do so as soon as practicable.
    (b) The Master of the vessel shall permit the Inspector, who may be 
accompanied by appropriate assistants, to board the vessel.
    VI. Inspectors shall have the authority to inspect catch, nets and 
other fishing gear as well as harvesting and scientific research 
activities, and shall have access to records and reports of catch and 
location data insofar as necessary to carry out their functions.
    (a) Each Inspector shall carry an identity document issued by the 
Designating Member in a form approved or provided by the Commission 
stating that the Inspector has been designated to carry out inspection 
in accordance with this system.
    (b) On boarding a vessel, an Inspector shall present the document 
described in paragraph VI(a), above.
    (c) The inspection shall be carried out so that the vessel is 
subject to the minimum interference and inconvenience. Inquiries shall 
be limited to the ascertainment of facts in relation to compliance with 
the Commission measures in effect for the Flag State concerned.
    (d) Inspectors may take photographs and/or video footage as 
necessary to document any alleged violation of Commission measures in 
force.
    (e) Inspectors shall affix an identification mark approved by the 
Commission to any net or other fishing gear which appears to have been 
used in contravention to Conservation Measures in effect and shall 
record this fact in the reports and notification referenced in 
paragraph VIII, below.
    (f) Inspectors shall be provided appropriate assistance by the 
Master of the vessel in carrying out their duties, including access as 
necessary to communications equipment.
    (g) Each Contracting Party, subject to and in accordance with their 
applicable laws and regulations, including rules governing the 
admissibility of evidence in domestic courts, shall consider and act on 
reports from Inspectors of Designating Members under this scheme on the 
same basis as reports from its

[[Page 4142]]

own inspectors, and both Contracting Party and designating Member 
concerned shall cooperate in order to facilitate judicial or other 
proceedings arising from any such report.
    VII. If a vessel refuses to stop or otherwise facilitate transfer 
of an Inspector, or if the Master or crew of a vessel interferes with 
the authorised activities of an Inspector, the Inspector involved shall 
prepare a detailed report, including a full description of all the 
circumstances and provide the report to the Designating Member to be 
transmitted in accordance with the relevant provisions of paragraph IX.
    (a) Interference with an Inspector or failure to comply with 
reasonable requests made by an Inspector in the performance of his 
duties shall be treated by the Flag State as if the Inspector were an 
Inspector of that State.
    (b) The Flag State shall report on actions taken under this 
paragraph in accordance with paragraph XI, below.
    VIII. Inspectors shall complete the approved CCAMLR inspection 
report form.
    (a) The Inspector shall provide a written explanation, on the 
inspection report form, of any alleged violation of Commission measures 
in force. The Inspector shall allow the Master of the vessel being 
inspected to comment, on the inspection report form, about any aspect 
of the inspection.
    (b) The Inspector shall sign the inspection report form. The Master 
of the inspected vessel shall be invited to sign the inspection report 
form to acknowledge receipt of the report.
    (c) Before leaving the vessel that has been inspected, the 
Inspector shall give the Master of that vessel a copy of the completed 
inspection form.
    (d) The Inspector shall provide a copy of the completed inspection 
form along with photographs and video footage to the Designating Member 
not later than 15 days of his/her arrival to port.
    (e) The Designating Member shall forward a copy of the inspection 
form not later than 15-days from its reception along with two copies of 
photographs and video footage to the CCAMLR Executive Secretary who 
shall forward one copy of this material to the Flag State of the 
inspected vessel not later than seven days from receipt.
    (f) Fifteen days after the transmission of the completed inspection 
form to the Flag State, the CCAMLR Executive Secretary shall transmit 
that form to Members together with comments or observations, if any, 
received from the Flag State.
    IX. Any supplementary reports or information, or any report 
prepared in accordance with paragraph VII, shall be provided by the 
Designating Member to the CCAMLR Executive Secretary. The latter shall 
provide such reports or information to the Flag State, which shall be 
then afforded the opportunity to comment. The CCAMLR Executive 
Secretary shall transmit the reports or information to Members within 
15 days following their receipt from the Designating Member, and the 
observations or comments, if any, received from the Flag State.
    X. A fishing vessel present in the area of application of the 
Convention shall be presumed to have been engaged in scientific 
research, or harvesting, of marine living resources (or to have been 
commencing such operations) if one or more of the following four 
indicators have been reported by an inspector, and there is no 
information to the contrary:
    (a) Fishing gear was in use, had recently been in use or was ready 
to be used, e.g.:
    <bullet> Nets, lines or pots were in the water;
    <bullet> Trawl nets and doors rigged;
    <bullet> Baited hooks, baited pots or traps or thawed bait were 
ready for use;
    <bullet> Log indicated recent fishing or fishing commencing;
    (b) fish which occur in the Convention Area were being processed or 
had recently been processed, e.g.:
    <bullet> Fresh fish or fish waste were on board;
    <bullet> Fish were being frozen;
    <bullet> From operational or product information;
    (c) Fishing gear from the vessel was in the water, e.g.:
    <bullet> Fishing gear bore the vessel's markings;
    <bullet> Fishing gear matched that on the vessel;
    <bullet> Log indicated gear in the water;
    (d) Fish (or their products) which occur in the Convention Area 
were stowed on board.
    XI. If, as a result of inspection activities carried out in 
accordance with these provisions, there is evidence of violation of 
measures adopted under the Convention, the Flag State shall take steps 
to prosecute and, if necessary, impose sanctions.
    XII. The Flag State shall, within fourteen days of the laying of 
charges or the initiation of proceedings relating to a prosecution, 
inform the Secretariat of this information, and shall continue 
thereafter to inform the Secretariat as the prosecution develops or is 
concluded. In addition, the Flag State shall at least once a year 
report to the Commission, in writing, about the results of such 
prosecutions and sanctions imposed. If a prosecution has not been 
completed, a progress report shall be made. When a prosecution has not 
been launched, or has been unsuccessful, the report shall contain an 
explanation.
    XIII. Sanctions applied by Flag States in respect to infringements 
of CCAMLR provisions shall be sufficiently severe as to effectively 
ensure compliance with CCAMLR Conservation Measures and to discourage 
infringements and shall seek to deprive offenders of any economic 
benefit accruing from their illegal activities.
    XIV. The Flag State shall ensure that any of its vessels which have 
been found to have contravened a CCAMLR Conservation Measure do not 
carry out fishing operations within the Convention Area until they have 
complied with the sanctions imposed.
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[GRAPHIC] [TIFF OMITTED] TN29JA07.019

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[[Page 4145]]

Text of the CCAMLR Scheme of International Scientific Observation \1\
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    \1\ As adopted at CCAMLR-XI (paragraph 6.11) and amended at 
CCAMLR-XI (paragraph 8.21).
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    A. Each Member of the Commission may designate observers referred 
to in Article XXIV of the Convention.
    (a) Activities of scientific observers on board vessels will be 
specified by the Commission. These activities are laid down in Annex I 
and may be modified taking into account advice from the Scientific 
Committee.
    (b) Scientific observers shall be nationals of the Member who 
designates them and shall conduct themselves in accordance with the 
customs and order existing on the vessel on which they are operating.
    (c) Members shall designate scientific observers who shall be 
familiar with the harvesting and scientific research activities to be 
observed, the provisions of the Convention and the measures adopted 
under it and who are adequately trained to carry out competently the 
duties of scientific observers as required by the Commission.
    (d) Scientific observers shall be able to communicate in the 
language of the Flag State of the vessels on which they carry out their 
activities.
    (e) Scientific observers shall each carry a document issued by the 
designating Member in a form approved by the Commission identifying 
them as CCAMLR scientific observers.
    (f) Scientific Observers shall submit to the Commission through the 
designating Member, not later than one month after the completion of 
the observer cruise or after the return of the observer to his/her home 
country, a report of each observation assignment undertaken, using the 
observation formats approved by the Scientific Committee. A copy shall 
be sent to the Member whose vessel was involved.
    B. In order to promote the objectives of the Convention, Members 
agree to take on board their vessels engaged in scientific research or 
harvesting of marine living resources designated scientific observers, 
who shall operate in accordance with bilateral arrangements concluded.
    In such a bilateral arrangement, the Member wishing to place 
scientific observers on board a vessel of another Member shall be 
referred to as the `Designating Member' whilst the Member who accepts 
on board its vessel shall be referred to as the `Receiving Member'.
    Such a bilateral arrangement shall include the following 
principles:
    (a) The scientific observers shall be given the status of ship's 
officers. Accommodation and meals for scientific observers on board 
shall be of a standard commensurate with this status.
    (b) Receiving Members shall ensure that their vessel operators 
cooperate fully with the scientific observers to enable them to carry 
out the tasks assigned to them by the Commission. This will include 
access to data and to those operations of the vessel necessary to 
fulfil the duties of a scientific observer as required by the 
Commission.
    (c) Receiving Members shall take appropriate action on board their 
vessels to ensure the security and welfare of scientific observers in 
the performance of their duties, provide them with medical care and 
safeguard their freedom and dignity.
    (d) Arrangements shall be made for messages to be sent and received 
on behalf of scientific observers using the vessel's communications 
equipment and operator. Reasonable costs of such communications shall 
normally be borne by the Designating Member.
    (e) Arrangements involving the transportation and boarding of 
scientific observers shall be organised so as to minimise interference 
with harvesting and research operations.
    (f) Scientific observers shall provide to the relevant masters 
copies of such records, prepared by the scientific observers, as the 
masters may wish to retain.
    (g) Designating Members shall ensure that their scientific 
observers carry insurance satisfactory to the Parties concerned.
    (h) Transportation of scientific observers to and from boarding 
points shall be the responsibility of the Designating Member.
    (i) Unless otherwise agreed the equipment, clothing and salary and 
any related allowances of a scientific observer shall normally be borne 
by the Designating Member. The vessel of the Receiving Member shall 
bear the cost of on board accommodation and meals of the scientific 
observer.
    C. The Designating Members shall provide details of observation 
programs to the Commission at the earliest possible opportunity and no 
later than upon the conclusion of each bilateral arrangement. For each 
observer deployed, the following details shall be supplied:
    (a) date of signing the arrangement;
    (b) name and flag of the vessel receiving the observer;
    (c) Member designating the observer;
    (d) area of fishing (CCAMLR statistical area, subarea, division);
    (e) type of data to be collected by the observer and submitted to 
the Secretariat (e.g. by-catch, target species, biological data);
    (f) expected dates of the start and end of the observation program;
    (g) expected date of returning the observer to his/her home 
country.
    D. Members who have designated scientific observers will take the 
initiative in implementing assignments identified by the Commission.
    E. The scope of functions and tasks described in Annex I should not 
be interpreted to suggest in any way the number of required observers 
which will be accepted on board a vessel.

Annex I

Functions and Tasks of International Scientific Observers on Board 
Vessels Engaged in Scientific Research or Harvesting of Marine Living 
Resources

    1. The function of scientific observers on board vessels engaged in 
scientific research or harvesting of marine living resources is to 
observe and report on the operation of fishing activities in the 
Convention Area with the objectives and principles of the Convention 
for the Conservation of Antarctic Marine Living Resources in mind.
    2. In fulfilling this function, scientific observers will undertake 
the following tasks, using the observation formats approved by the 
Scientific Committee:
    (i) Record details of the vessel's operation (e.g. partition of 
time between searching, fishing, transit etc., and details of hauls);
    (ii) Take samples of catches to determine biological 
characteristics;
    (iii) Record biological data by species caught;
    (iv) Record by-catches, their quantity and other biological data;
    (v) Record entanglement and incidental mortality of birds and 
mammals;
    (vi) Record the procedure by which declared catch weight is 
measured and collect data relating to the conversion factor between 
green weight and final product in the event that catch is recorded on 
the basis of weight of processed product;
    (vii) Prepare reports of their observations using the observation 
formats approved by the Scientific Committee and submit them to CCAMLR 
through their respective authorities;
    (viii) Submit copies of reports to captains of vessels;
    (ix) Assist, if requested, the captain of the vessel in the catch 
recording and reporting procedures;

[[Page 4146]]

    (x) Undertake other tasks as may be decided by mutual agreement of 
the parties involved;
    (xi)\1\ Collect and report factual data on sightings of fishing 
vessels in the Convention Area, including vessel type identification, 
position and activity;
    (xii)\2\ Collect information on fishing gear loss and garbage 
disposal by fishing vessels at sea.

    \1\ Added in accordance with CCAMLR-XVII (paragraph 8.16). The 
Commission decided to review the effectiveness and the need to 
continue this activity after a two-year trial period (CCAMLR-XVII, 
paragraph 8.17).
    \2\ Added in accordance with CCAMLR-XVIII (paragraph 8.21).

    Dated: January 16, 2007.
Margaret F. Hayes,
Director, Office of Oceans Affairs, Department of State.
[FR Doc. 07-266 Filed 1-26-07; 8:45 am]
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