[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28668-28671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14266]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XM35


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final notice.

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SUMMARY: NMFS notifies the public that the United States has accepted 
conservation and management measures and resolutions pertaining to 
fishing in Antarctic waters managed by the Commission for the 
Conservation of Antarctic Marine Living Resources (Commission or 
CCAMLR). The Commission adopted these measures at its twenty-seventh 
meeting in Hobart, Tasmania, October 27 to November 7, 2008. The 
measures have been agreed upon by the Member countries of CCAMLR, 
including the United States, in accordance with Article IX of the 
Convention for the Conservation of Antarctic Marine Living Resources 
(the Convention). The measures include: measures previously adopted by 
the Commission and remaining in force; measures adopted for the 2008/
2009 fishing season to restrict overall catches, research catch and 
bycatch of certain species of finfish, squid, krill and crabs; restrict 
fishing in certain areas; restrict use of certain fishing gear; specify 
implementation and inspection obligations supporting the Catch 
Documentation Scheme of Contracting Parties; promote compliance with 
CCAMLR measures by non-Contracting Party vessels; and require vessels 
engaged in bottom fishing to report data on benthic organisms recovered 
by their gear. This notice includes a summary of the 22 new measures 
adopted at the twenty-seventh meeting of CCAMLR. The full text of all 
measures adopted by CCAMLR can be found on CCAMLR's Web site--
www.ccamlr.org.

DATES: These measures are effective on June 17, 2009.

FOR FURTHER INFORMATION CONTACT: Robert Gorrell, Office of Sustainable 
Fisheries, Room 13463, 1315 East-West Highway, SSMC3, NMFS, Silver 
Spring, MD 20910; tel: 301-713-2341; fax 301-713-1193; e-mail 
<a href="/cdn-cgi/l/email-protection#df8db0bdbaadabf198b0adadbab3b39fb1b0bebef1b8b0a9"><span class="__cf_email__" data-cfemail="8edce1ecebfcfaa0c9e1fcfcebe2e2cee0e1efefa0e9e1f8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

[[Page 28669]]

Background

    Pursuant to 50 CFR 300.111, NMFS and the U.S. Department of State 
(DOS) published in the Federal Register on February 12, 2009 (74 FR 
7110) the full text of the new and revised conservation and management 
measures adopted by CCAMLR at its 2008 meeting. NMFS did not publish 
those conservation and management measures that were adopted at a 
previous CCAMLR meeting and that did not change.
    NMFS invited the public to comment on these conservation measures 
until March 16, 2009, and NMFS received no comments.
    After providing for public comment under 50 CFR 300.111, NMFS 
notifies the public that the United States accepts all of the 
conservation measures adopted at CCAMLR's twenty-seventh meeting, and 
considers the measures in effect with respect to the United States. For 
the full text of the new and revised measures adopted, see 74 FR 7110, 
February 12, 2009. NMFS provides the following summary of these 22 new 
conservation measures and 2 resolutions as a courtesy to the public.

New Conservation Measures

    1. The Commission adopted a new compliance measure CM 10-09 
(2008)--Notification system for transshipments within the Convention 
Area.
    The Commission adopted a new measure to require Members of the 
Commission (Members) to notify the Secretariat of the Commission 
(Secretariat) of intended transshipments within the Convention Area at 
least 72 hours in advance. This new measure applies to new and 
exploratory fisheries, as well as the fisheries for Dissostichus 
eleginoides in Statistical Division 58.5.2 and Statistical Subarea 
48.3, Dissostichus spp. in Statistical Subarea 48.4, Champsocephalus 
gunnari in Statistical Division 58.5.2 and Statistical Subarea 48.3, 
and crab in Statistical Subarea 48.3. Notifications of transshipment 
will require information on carrier vessels and products transshipped 
and will be made available to Members via a password-protected section 
of the CCAMLR Web site.
    2. The Commission adopted new general fishery matter CM 22-07 
(2008) <SUP>1 2</SUP>--Gear Regulations: Interim measure for bottom 
fishing activities subject to Conservation Measure 22-06 encountering 
potential vulnerable marine ecosystems (VMEs) in the Convention Area.
    The Commission endorsed a precautionary approach for managing 
bottom fisheries with respect to VMEs, and implemented an interim 
measure to acquire additional data from fishing vessels in 2008/09 to 
contribute to assessments and advice on a long-term precautionary 
approach to avoiding significant adverse impacts on VMEs during the 
course of fishing.
    The requirements in this new conservation measure, and general 
requirement in CM 22-06, apply to the exploratory fisheries for 
Dissostichus spp. (Conservation Measures 41-04, 41-05, 41-06, 41-07, 
41-09, 41-10 and 41-11), as well as the exploratory fishery for crab in 
Statistical Subarea 48.2 (Conservation Measure 52-02). In addition to 
these requirements, the Commission agreed to extend its protection of 
benthic communities by extending the prohibition of longline fishing in 
depths shallower than 550 meters across all exploratory fisheries.
    3. The Commission adopted new fishery regulation CM 32-09 (2008)--
Fishing Seasons, Closed Areas and Prohibition of Fishing: Prohibition 
of Directed Fishing for Dissostichus spp. except in accordance with 
specific conservation measures in the 2008/09 season.
    The Commission agreed to renew the prohibition of directed fishing 
for Dissostichus spp. except in accordance with specific conservation 
measures in the 2008/09 season. Accordingly, directed fishing for 
Dissostichus spp. in Statistical Subarea 48.5 was prohibited in the 
2008/09 season.
    4. The Commission adopted new fishery regulation CM 33-02 (2008)--
By-catch Limits: Limitation of by-catch in Statistical Division 58.5.2 
in the 2008/09 season.
    The Commission agreed to apply the existing by-catch limits in 
Statistical Division 58.5.2 in the 2008/09 season.
    5. The Commission adopted new fishery regulation CM 33-03 (2008) 
<SUP>1 2</SUP>--By-catch Limits: Limitation of by-catch in new and 
exploratory fisheries in the 2008/09 season.
    The Commission agreed to carry forward the by-catch limits for 
exploratory fisheries, taking account of the revised catch limit for 
Dissostichus spp. in Statistical Subarea 58.4 and the consequential 
changes to by-catch limits in those areas, and the decoupling of the 
macrourid by-catch limit from the toothfish catch limit in Statistical 
Subarea 88.1.
    6. The Commission adopted new fishery regulation CM 41-01 (2008) 
<SUP>1 2</SUP>--Toothfish: General measures for exploratory fisheries 
for Dissostichus spp. in the Convention Area in the 2008/09 season.
    The Commission established a new Small-Scale Research Unit (SSRU) 
in Statistical Subarea 88.1 and new SSRUs in Statistical Division 
58.4.3b. The Commission revised the requirements for research hauls in 
Statistical Subareas 48.6 and 58.4, and included guidelines for tagging 
skates during the Year-of-the-Skate.
    The Commission agreed to require vessels participating in the 
exploratory fisheries for Dissostichus spp. to tag skates at a rate of 
one skate per five skates caught, up to a maximum of 500 skates per 
vessel. This requirement was included in all conservation measures for 
exploratory fisheries for Dissostichus spp.
    7. The Commission adopted new fishery regulation CM 41-03 (2008)--
Toothfish: Limits on the fishery for Dissostichus spp. in Statistical 
Subarea 48.4 in the 2008/09 season.
    The Commission extended the fishery for Dissostichus eleginoides in 
the Northern Area of Statistical Subarea 48.4 into 2008/09, and 
implemented a fishery for Dissostichus spp., in the southern area of 
that subarea.
    8. The Commission adopted new fishery regulation CM 41-04 (2008)--
Toothfish: Limits on the exploratory fishery for Dissostichus spp. in 
Statistical Subarea 48.6 in the 2008/09 season.
    The Commission agreed that the exploratory fishery for Dissostichus 
spp. in Statistical Subarea 48.6 in 2008/09 would be limited to 
Japanese and Korean-flagged vessels using longline only, and that no 
more than one vessel per country may fish at any one time. The 
Commission agreed to increase the tagging rate for Dissostichus spp. to 
three fish per ton of green weight caught. Other elements regulating 
this fishery were carried forward.
    9. The Commission adopted new fishery regulation CM 41-11 (2008)--
Toothfish: Limits on the exploratory fishery for Dissostichus spp. in 
Statistical Division 58.4.1 in the 2008/09 season.
    The Commission agreed that the exploratory fishery for Dissostichus 
spp. in Statistical Division 58.4.1 in 2008/09 would be limited to one 
(1) Japanese, five (5) Korean, four (4) New Zealand, one (1) South 
African, one (1) Spanish, and one (1) Uruguayan-flagged vessels using 
longlines only. The precautionary catch limit for Dissostichus spp. was 
reduced to 210 tons and applied as follows: (a) SSRUs A, B, D, F, H: 0 
tons; (b) SSRU C: 100 tons; SSRU E: 50 tons; and SSRU G: 60 tons. The 
Commission also removed the research fishing provision. Other elements 
regulating this fishery were carried forward.
    10. The Commission adopted new fishery regulation CM 41-05 (2008)--
Toothfish: Limits on the exploratory

[[Page 28670]]

fishery for Dissostichus spp. in Statistical Division 58.4.2 in the 
2008/09 season.
    The Commission agreed that the exploratory fishery for Dissostichus 
spp. in Statistical Division 58.4.2 in 2008/09 would be limited to one 
(1) Japanese, four (4) Korean, one (1) Spanish, and one (1) Uruguayan-
flagged vessels using longlines only. The Commission agreed to reduce 
the precautionary catch limit for Dissostichus spp. in Statistical 
Division 58.4.1 to 70 tons, applied as follows: (a) SSRUs B, C, D: 0 
tons; (b) SSRU A: 30 tons; and (c) SSRU E: 40 tons. Other elements 
regulating this fishery were carried forward.
    11. The Commission adopted new fishery regulation CM 41-06 (2008)--
Toothfish: Limits on the exploratory fishery for Dissostichus spp. on 
Elan Bank (Statistical Division 58.4.3a) outside areas of national 
jurisdiction in the 2008/09 season.
    The Commission agreed that the exploratory fishery for Dissostichus 
spp. in Statistical Division 58.4.3a in 2008/09 would be limited to one 
(1) Japanese-flagged vessel using longlines only. The Commission also 
agreed to reduce the precautionary catch limit for Dissostichus spp. to 
86 tons. Other elements regulating this fishery were carried forward.
    12. The Commission adopted new fishery regulation CM 41-07 (2008)--
Toothfish: limits on the exploratory fishery for Dissostichus spp. on 
Banzare Bank (Statistical Division 58.4.3b) outside areas of national 
jurisdiction in the 2008/09 season.
    The Commission agreed that the exploratory fishery for Dissostichus 
spp. in Statistical Division 58.4.3b outside areas of national 
jurisdiction in 2008/09 would be limited to Japanese, Spanish, and 
Uruguayan-flagged vessels using longlines only, and that no more than 
one vessel per country would fish at any one time. The Commission 
agreed that the catch limit in SSRU B should remain at zero. Further, 
and to ensure that data are collected in 2008/09 to assist with 
assessing this stock, and to avoid concentrated fishing that may lead 
to depletion, the Commission agreed that SSRU A should be further 
subdivided into four new SSRUs. The Commission agreed to reduce the 
precautionary catch limit for Dissostichus spp. to 120 tons, applied as 
follows: (a) SSRU A: 30 tons; SSRU B: 0 tons; SSRU C: 30 tons; SSRU D: 
30 tons; and SSRU E: 30 tons. Other elements regulating this fishery 
were carried forward.
    13. The Commission adopted new fishery regulation CM 41-09 (2008)--
Toothfish: limits for Dissostichus spp. on the exploratory fishery in 
Statistical Subarea 88.1 in the 2008/09 season.
    The Commission agreed that the exploratory fishery for Dissostichus 
spp. in Statistical Subareas 88.1 in 2008/09 would be limited to two 
(2) Argentine, one (1) Chilean, four (4) Korean, four (4) New Zealand, 
three (3) Russian, one (1) South African, one (1) Spanish, three (3) 
UK, and two (2) Uruguayan-flagged vessels using longlines only.
    The Commission retained the catch limit of 2,700 tons for 
Dissostichus spp. in Statistical Subarea 88.1, and re-allocated the 
catch limits in SSRUs as follows: (a) SSRU A: 0 tons; SSRUs B, C, G 
(northern): total of 352 tons; SSRU D: 0 tons; SSRU E: 0 tons; SSRU F: 
0 tons; SSRUs H, I, K (slope): total of 1,994 tons; SSRUs J, L: 354 
tons; and SSRU M: 0 tons.
    The Commission set a precautionary catch limit of 135 tons for 
skates and rays and 430 tons for Macrourus spp., and limits for other 
species, applied as follows: (a) SSRU A: 0 tons of any species; SSRUs 
B, C, G: 50 tons of skates and rays, 40 tons of Macrourus spp., 60 tons 
of other species; SSRU D: 0 tons of any species; SSRU E: 0 tons of any 
species; SSRU F: 0 tons of any species; SSRUs H, I, K: 99 tons of 
skates and rays, 320 tons of Macrourus spp., 60 tons of other species; 
SSRUs J, L: 50 tons of skates and rays, 70 tons of Macrourus spp., 40 
tons of other species; and SSRU M: 0 tons of any species. Other 
elements regulating this fishery were carried forward.
    14. The Commission adopted new fishery regulation CM 41-10 (2008)--
Toothfish: limits on the exploratory fishery for Dissostichus spp. in 
Statistical Subarea 88.2 in the 2008/09 season.
    The Commission agreed that the exploratory fishery for Dissostichus 
spp. in Statistical Subarea 88.2 in 2008/09 would be limited to two (2) 
Argentine, one (1) Chilean, two (2) Korean, four (4) New Zealand, three 
(3) Russian, one (1) South African, one (1) Spanish, three (3) UK, and 
two (2) Uruguayan-flagged vessels using longlines only.
    The Commission agreed to remove the research fishing provision, and 
carry forward the precautionary catch limit for Dissostichus spp. of 
567 tons, applied as follows: SSRU A: 0 tons; SSRU B: 0 tons; SSRUs C, 
D, F, G: 214 tons; and SSRU E: 353 tons.
    The Commission agreed to carry forward the precautionary catch 
limit of 50 tons for skates and rays and 90 tons for Macrourus spp., 
and limits for other species applied as follows: (a) SSRU A: 0 tons of 
any species; SSRU B: 0 tons of any species; SSRUs, C, D, F, G: 50 tons 
of skates and rays, 34 tons of Macrourus spp., 80 tons of other 
species; SSRU E: 50 tons of skates and rays, 56 tons of Macrourus spp., 
20 tons of other species. Other elements regulating this fishery were 
carried forward.
    15. The Commission adopted new fishery regulation CM 42-01 (2008)--
Icefish: Limits on the fishery for Champsocephalus gunnari in 
Statistical Subarea 48.3 in the 2008/09 season.
    The Commission revised the limits on the fishery for 
Champsocephalus gunnari in Sub Statistical 48.3. Other elements 
regulating this fishery were carried forward.
    16. The Commission adopted new fishery regulation CM 42-02 (2008)--
Icefish: Limits on the fishery for Champsocephalus gunnari in 
Statistical Subarea 58.5.2 in the 2008/09 season.
    The Commission revised the limits on the fishery for 
Champsocephalus gunnari in Statistical Division 58.5.2. Other elements 
regulating this fishery were carried forward.
    17. The Commission adopted new fishery regulation CM 51-04 (2008)--
Krill: General measure for exploratory fisheries for Euphausia superba 
in the Convention Area in the 2008/09 season.
    The Commission established a new general measure for exploratory 
fisheries for krill. This measure included, among other things: (a) 
Four data collection plans for case-specific selection by Members and 
their flagged vessels; (b) at least one observer appointed in 
accordance with the CCAMLR Scheme of International Observation and, 
where possible, one additional observer on board throughout all fishing 
activities within the season; and (c) monthly reporting of fine-scale 
catch, effort and biological data on a haul-by-haul basis.
    18. The Commission adopted new fishery regulation CM 51-05 (2008)--
Krill: Limits on the exploratory fishery for Euphausia superba in 
Statistical Subarea 48.6 in the 2008/09 season.
    The Commission agreed that the exploratory fishery for Euphausia 
superba in Statistical Subarea 48.6 in 2008/09 would be limited to one 
Norwegian-flagged vessel using fishing techniques listed in Annex A of 
CM 21-03. This was the first exploratory fishery for krill which the 
Commission has implemented.
    The Commission set a precautionary catch limit for Euphausia 
superba of 15,000 tons, of which no more than 11,250 tons may be taken 
from areas within 60 nautical miles of known breeding colonies of land-
based krill-dependent predators. Other requirements included: (a) 
Application of general mitigation measures

[[Page 28671]]

contained in CM 25-03, and the mandatory use of marine mammal exclusion 
devices on trawls; (b) at least one observer appointed in accordance 
with the CCAMLR Scheme of International Scientific Observation, and, 
where possible, one additional observer on board throughout all fishing 
activities within the season; (c) use of the 10-day catch and effort 
reporting system; (d) collection of haul-by-haul catch, effort and 
biological data; and (e) application of general environmental 
protection measures in CM 26-01 and no offal discharge.
    19. The Commission adopted new fishery regulation CM 52-01 (2008)--
Crab: Limits on the fishery for crab in Statistical Subarea 48.3 in the 
2008/09 season.
    The Commission agreed to combine the requirements of CM 52-01 
(2007) and 52-02 (2007) into a single measure for the crab fishery in 
Statistical Subarea 48.3. The elements of these measures were carried 
forward to 2008/09. The Commission also agreed to a requirement to 
carry at least one observer appointed in accordance with the CCAMLR 
Scheme of International Scientific Observation on board each vessel 
during all fishing activities.
    20. The Commission adopted new fishery regulation CM 52-02 (2008)--
Crab: Limits on the exploratory fishery for crab in Statistical Subarea 
48.2 in the 2008/09 season.
    The Commission agreed that the notifications for new fisheries for 
crab in 2008/09 should be considered as exploratory fisheries.
    The Commission agreed that the exploratory fishery for crab in 
Statistical Subarea 48.2 in 2008/09 would be limited to one Russian-
flagged vessel using pots only. The precautionary catch limit for crab 
was set at 250 tons. In accordance with CM 32-03 (Prohibition of 
directed fishing for finfish in Statistical Subarea 48.2), the 
Commission required that all live finfish taken as by-catch in the 
exploratory fishery for crab be released with the least possible 
handling, and that all live Dissostichus spp. be tagged prior to 
release. A total by-catch limit of 0.5 tons was set for all dead 
finfish. Other requirements in this fishery included, among other 
things, scientific observations, a data collection plan and an 
experimental harvest regime.
    21. The Commission adopted new fishery regulation CM 52-03 (2008)--
Crab: Limits on the exploratory fishery for crab in Statistical Subarea 
48.4 in the 2008/09 season.
    The Commission agreed that the exploratory fishery for crab in 
Statistical Subarea 48.4 in 2008/09 would be limited to one Russian-
flagged vessel using pots only. The precautionary catch limits for crab 
was set at 10 tons. The Commission agreed that all live finfish taken 
as by-catch be released with the least possible handling, and that all 
live Dissostichus spp. be tagged prior to release. A total by-catch 
limit of 0.5 tons was set for all dead finfish. Other requirements in 
this fishery included, among other things, scientific observations, a 
data collection plan and an experimental harvest regime.
    22. The Commission adopted new fishery regulation CM 61-01 (2008)--
Squid: Limits on the exploratory fishery for Martialia hyadesi in 
Statistical Subarea 48.3 in the 2008/09 season.
    The Commission carried forward the limits for the exploratory jig 
fishery for Martialia hyadesi in Statistical Subarea 48.3 in 2008/09, 
noting that no notification had been submitted for this fishery in 
2008/09.
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    \1\ Except for waters adjacent to the Kerguelen Islands and 
Crozet Islands
    \2\ Except for waters adjacent to the Prince Edward Islands.

New Resolutions

    The Commission adopted Resolution 27/XXVII (Use of a specific 
tariff classification for Antarctic krill) urging Members to adopt and 
use a specific tariff code for any trade in krill in order to improve 
Members' knowledge of the trade of krill products.
    The Commission adopted Resolution 28/XXVII (Ballast water exchange 
in the Convention Area). The Antarctic Treaty Parties had adopted 
Resolution 3 (2006) Ballast Water Exchange in the Antarctic Treaty 
Area, which set out Practical Guidelines for Ballast Water Exchange in 
the Antarctic Treaty Area. The aim of the guidelines was to support 
early implementation of the practical measures identified in the 
International Convention for the Control and Management of Ships' 
Ballast Waters and Sediments, 2004 (IMO Ballast Water Management 
Convention). The guidelines were subsequently forwarded to the Marine 
Environment Protection Committee of the International Maritime 
Organization (IMO), which also adopted them in Resolution MEPC.164 
(56).
    The Commission noted that all CCAMLR Members have endorsed the 
guidelines for use in the Antarctic Treaty Area, through the IMO 
Resolution. It agreed to implement the guidelines for application to 
vessels engaged in harvesting and associated activities, as set out in 
Article II.3 of the CCAMLR Convention. In addition, although in 
practical terms any vessel transiting the Convention Area on route to 
the Antarctic Treaty Area should already be using the guidelines, the 
guidelines were extended to vessels operating only in the Convention 
Area north of 60 degrees S. Accordingly, the Commission adopted 
Resolution 28/XXVII.
    For further information, see the CCAMLR Web site at www.ccamlr.org 
under Publications for the Schedule of Conservation Measures in Force 
(2008/2009), or contact the Commission at the CCAMLR Secretariat, P.O. 
Box 213, North Hobart, Tasmania 7002, Australia. Tel: (61) 3-6210-
1111).

    Authority:  16 U.S.C. 2431 et seq.

    Dated: June 11, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E9-14266 Filed 6-16-09; 8:45 am]
BILLING CODE 3510-22-P


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