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1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COUNCIL REGULATION (EC) No 66/98
of 18 December 1997
laying down certain conservation and control measures applicable to fishing activities in the
Antarctic and repealing Regulation (EC) No 2113/96
(OJ No L 6, 10. 1. 1998, p. 1)
Amended by:
Official Journal
No page date
Council Regulation (EC) No 2479/98 of 12 November 1998 L 309 1 19. 11. 1998
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ICOUNCIL REGULATION (EC) No 66/98
of 18 December 1997
laying down certain conservation and control measures applicable to fishing activities in the
Antarctic and repealing Regulation (EC) No 2113/96
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the T reaty establishing the EuropeanCommunity, and in particular Article 43,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European
Parliament (2),
Whereas pursuant to Article 4 of Council Regulation
(EEC) No 3760/92 of 20 December 1992, establishing a
Community system for fisheries and aquaculture (3), the
Council may determine certain conditions for access by
Community fishing vessels to waters and resources;
Whereas Council Regulation (EEC) No 2847/93 of
12 October 1993, establishing a control system applicable
to the common fisheries policy (4), applies to all fishing
activities and to all associated activities carried out within
the maritime waters subject to sovereignty or jurisdiction
of the Member States, and to all activities of Community
fishing vessels which operate in the waters of non-member
countries and on the high seas, without prejudice to the
special provisions contained in fisheries agreements
concluded between the Community and third countries, or
in International Conventions to which the Community is a
party;
Whereas the Convention for the Conservation of Antarctic
Marine Living Resources, hereinafter called ‘the
Convention’, was approved by Decision 81/691/EEC (5)
and entered into force for the Community on
21 May 1982;
Considering the statement by the Chairman of the
Conference on the Conservation of Antarctic Marine
Living Resources of 19 May 1980 attached to the Final
Act of that Conference, and in particular paragraph 5
thereof;
Whereas the Commission of the Conservation of Antarctic
Marine Living Resources, hereinafter referred to as the
‘CCAMLR’, established by the Convention, adopted on the
recommendation of its Scientific Committee, certain
conservation measures applicable, in particular, to fish
stocks occurring in the waters off South Georgia;
(1) OJ C 189, 20. 6. 1997, p. 10.
(2) OJ C 371, 8. 12. 1997.
(3) OJ L 389, 31. 12. 1992, p. 1.
(4) OJ L 261, 20. 10. 1993, p. 1. Regulation as last amended
by Regulation (EC) No 2870/95 (OJ L 301, 14. 12. 1995,p. 1).
(
5) OJ L 252, 5. 9. 1981, p. 26.
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IIWhereas the Members of the CCAMLR stated that they
intended to apply the latest conservation measures,
adopted on 1 November 1996, on a provisional basis,
without waiting for them to become binding, in view of the
fact that some of the conservation measures relate to
fishing seasons which would commence on or after
1 July 1997;
Whereas the Community, as a Contracting party to the
Convention, is bound to ensure that the measures adopted
by the CCAMLR are applied to Community fishing vessels
with effect from relevant dates;
Whereas it is necessary to provide for a mechanism
allowing the Council to implement further conservation
measures adopted by the CCAMLR on a proposal from
the Commission using a simplified procedure;
Whereas Council Regulation (EC) No 2113/96, of 25
October 1996 laying down certain conservation and controlmeasures applicable to fishing activities in the
Antarctic (
1), laid down certain technical measures for the
conservation of fish stocks in the Antarctic in force at that
time; whereas the changes to be made to that Regulation
in order to implement the conservation measures adopted
at the 1996 CCAMLR meeting are numerous; whereas for
reasons of clarity of the text it is therefore appropriate to
repeal Regulation (EC) No 2113/96 and replace it by a
new Regulation,
HAS ADOPTED THIS REGULATION:
(1) OJ L 283, 5. 11. 1996, p. 1.
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1Article 1
Scope and territorial application
1. This Regulation applies to Community fishing vessels
which take and retain on board fish from marine living
resources of the area south of 60 ûSouth latitude and of
the area between that latitude and the Antarctic
convergence which forms part of the Antarctic marine
ecosystem with the exception of waters subject to such
coastal State jurisdiction as may exist in accordance with
international law.
2. This Regulation shall be without prejudice to the
provisions of the Convention and shall operate in
furtherance of these objectives and principles and the
provisions of the final act of the conference at which it was
adopted.
3. The Antarctic convergence referred to in paragraph 1
is deemed to be a line joining the following points alongparallels of latitude and meridians of longitude: 50 ûS,
0û—5 0 ûS, 30 ûE—4 5 ûS, 30 ûE— 4 5 ûS, 80 ûE—5 5 ûS,
80ûE—5 5 ûS, 150 ûE—6 0 ûS, 150 ûE—6 0 ûS,
50ûW—5 0 ûS, 50 ûW—5 0 ûS, 0û.
Article 2
Right to fish
1. Only those vessels named in the list mentioned in
paragraph 2 and which have a special fishing permit issued
in accordance with Article 7 of Regulation (EC)
No 1627/94 (1) by the Member State whose flag they fly
shall have the right to carry out fishing activities in the
area defined in Article 1.
2. Member States shall notify to the Commission the listof vessels flying their flag and registered within the
Community which intend to carry out fishing activities in
the area defined in Article 1, by 15 April of each year and
afterwards at least 30 days in advance of the beginning of
these activities.
3. This list, transmitted to the Commission, shall
mention the internal number of the fleet register in
accordance with Article 1 of the Commission Regulation
(EC) No 109/94 of 19 January 1994 concerning the fishing
vessel register of the Community (
2) accompanied by the
name of the home port of the vessel, the names of the
owner or charterer of the vessel, and notification that the
master of the vessel has been informed of the measures in
force for the area or areas where the vessel will be fishing
in the Convention area.
4. The Commission will transmit all data required to the
CCAMLR by 1 May of each year.
(1) OJ L 171, 6. 7. 1994, p. 7.
(2) OJ L 19, 22. 1. 1994, p. 5.66/98
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2Article 3
1. A Member State shall notify the Commission of the
intention of a fishing vessel to carry on crab fishery in
FAO Antarctic sub-area 48.3. This notification shall be
given four months in advance of the start date for the
fishery and shall include the internal number of the fleet
register and the research and fishing operations plan of the
vessel concerned.
2. The Commission shall examine the notification, check
whether it complies with applicable rules and inform the
Member State of its findings. The Member State may issue
the special fishing permit on receipt of the findings of the
Commission or ten working days after notification. The
Commission shall notify the CCAMLR accordingly, at the
latest three months in advance of the start date for the
fishery.
Article 4
Prohibition on fishing
1. Directed fishing of Notothenia rossii in FAO Antarctic
sub-area 48.1 in the Peninsula area, in FAO Antarctic
sub-area 48.2 around the South Orkneys and in FAO
Antarctic sub-area 48.3 around South Georgia isprohibited.
2. Directed fishing of finfish in FAO Antarctic sub-areas
48.1 and 48.2, except for scientific research purposes, is
prohibited.
3. Directed fishing of Gobionotothen gibberifrons,
Chaenocephalus aceratus, Pseudochaenichthys georgianus,
Lepidonotothen squamifrons and Patagonotothen guntheri, in
FAO Antarctic sub-area 48.3 is prohibited until
6 November 1998
.
4. Directed fishing of Dissostichus spp. in FAO Antarctic
sub-area 48.5 and FAO Antarctic divisions 58.4.1 and
58.4.2 shall be prohibited from 7 November 1997 until
6 November 1998.
5. Directed fishing for Lepidonotothen squamifrons in
FAO Antarctic division 58.4.4 shall be prohibited from
7 November 1997, except for scientific research purposes.
6. Directed fishing of Lepidonotothen squamifrons,
Notothenia rossii, Channichthys rhinoceratus orBathyraja
spp. in FAO Antarctic division 58.5.2 shall be prohibited
from 7 November 1997 until 6 November 1998.
7. Directed fishing of D. Mawsoni in FAO Antarctic
sub-area 48.4 shall be prohibited, except for scientific
research purposes.66/98
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3Article 5
Catch limitations
1. The total allowable catch (TAC) of Euphausia superba
in any fishing season is fixed at:
(a) 1,5 million tonnes in FAO Antarctic area 48;
(b) 450 000 tonnes in FAO Antarctic division 58.4.2;
(c) 775 000 tonnes in FAO Antarctic division 58.4.1.
A fishing season is defined as beginning on 1 July and
finishing on 30 June of the following year.
2. The TAC of Dissostichus eleginoides is fixed at:
(a) 3 300 tonnes, in FAO Antarctic sub-area 48.3 from
1 April to 31 August 1998; or until the catch is
reached;
(b) 28 tonnes, in the FAO Antarctic sub-area 48.4 from
1 April to 31 August 1998 or until the TAC specified in
(a) is reached;
(c) 3 700 tonnes, in FAO Antarctic division 58.5.2 from
7 November 1997 to 6 November 1998.
If in the course of directed fishing for Dissostichus
eleginoides in FAO Antarctic division 58.5.2, the by-catch
in any one haul of any of the species Lepidonotothen
squamifrons, Notothenia rossii, Channichthys rhinoceratus or
Bathyraja spp.:
(i) is greater than 100 kg and exceeds 5 % of the total
catch by weight of all the fish; or
(ii) is two tonnes or greater, then
the fishing vessel shall move to another fishing location not
closer than five nautical miles away. The fishing vessel
shall not return to within five nautical miles of the location
in which the by-catch exceeded 5 % for a period of at least
five days.
The total number and weight of Dissostichus eleginoides
discarded including those with ‘jellymeat’ condition shall be
reported. These fish will count towards the TAC.
3. The TAC of Champsocephalus gunnari is fixed at
4 520 tonnes in FAO Antartic sub-area 48.3 from
7 November 1997 to 31 March 1998.
Directed fishing for Champsocephalus gunnari in FAO
Antarctic sub-area 48.3 shall be closed, if the by-catch of
any species named in paragraph 5(i) below exceeds the
fixed limits.
If, in the course of directed fishing for Champsocephalus
gunnari , the by-catch in any one haul of any of the species
named in paragraph 5(i) below:66/98
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4(i) is greater than 100 kg and exceeds 5 % of the total
catch by weight of all the fish; or
(ii) is two tonnes or greater, then
the fishing vessel shall move to another fishing location not
closer than five nautical miles away. The fishing vessel
shall not return within five nautical miles of the location in
which the by-catch exceed 5 % for a period of at least five
days.
If the by-catch of Champsocephalus gunnari in any one
haul is greater than 100 kg and more than 10 % of the
fish are smaller than 24 cm in total length, the fishing
vessel shall move to another fishing location not closer
than five nautical miles away. It shall not return to the
location in which the catch of Champsocephalus gunnari
being smaller than 24 cm in total length exceeded 10 %
for a period of at least five days.
4. The TAC of Crab, Paramolis spp. (order Decapoda ,
suborder Reptantia ), is fixed at 1 600 tonnes in FAO
Antarctic sub-area 48.3 from 7 November 1997 to 6
November 1998 .
The TAC of Electrona carlsbergi is fixed at 109 000 tonnes
in FAO Antarctic sub-area 48.3 from 7 November 1997 to
6 November 1998 , with a maximum of 14 500 tonnes in
the Shag Rocks region, defined as the area bounded by
52û30′S, 40 ûW; 52 û30′S, 44 ûW; 54 û30′S, 40 ûW
and 54 û30′S, 44 ûW.
Directed fishery for Electrona carlsbergi in FAO Antarctic
sub-area 48.3 and in the Shag Rocks region will be closed,
if the by-catch of any species named in paragraph 5 (i)
below exceeds the fixed limits.
If, in the course of directed fishing for Electrona carlsbergi,
the by-catch in any one haul of any species other than the
target species named in paragraph 5(i):
(i) is greater than 100 kg and exceeds 5 % of the total
catch by weight of all the species of fish, or
(ii) is two tonnes or greater,
the fishing vessel shall move to another fishing location not
closer than five nautical miles away. It shall not return to
within five nautical miles of the location in which the by-
catch exceeded 5 % for a period of at least five days.2479/98
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55. (i) In the course of fishing in FAO Antarctic sub-area
48.3, by-catches of Gobionotothen gibberifrons shall
be limited to 1 470 tonnes; by-catches of Chaeno-
cephalus aceratus shall be limited to 2 200 tonnes;
and the by-catch of Pseudochaenichthys georgianus,
Notothenia rossii and Lepidonotothen squamifrons
shall be limited to 300 tonnes for each of these
three species.
(ii) If in the course of a directed fishing for Dissosti-
chus eleginoides orChampsocephalus gunnari FAO
Antarctic division 58.5.2, the by-catch in any haul
of any of the species Lepidonotothen squamifrons,
Notothenia rossii, Channichthys rhinoceratus orBa-
thyrajja spp., exceeds 5 % of the total catch by
weight, the fishing vessel shall move to another
fishing location not closer than five nautical miles
distant. The fishing vessel shall not return to thelocation in which the by-catch exceeded 5 %, for a
period of at least five days. Catches of other spe-
cies not specified above shall not exceed 50 tonnes.
(iii) In all directed fishing in FAO Antarctic division
58.5.2 from 7 November 1997 to 6 November 1998:
—t h eb y - c a t c ho f Lepidonotothen squamifrons
shall not exceed 325 tonnes,
—t h e b y - c a t c h o f Channichthys rhinoceratus shall
not exceed 80 tonnes,
—t h e b y - c a t c h o f Bathyraja spp. shall not exceed
120 tonnes.
By-catches of any species of fish not referred to in the
previous subparagraph and for which no other catch
restrictions apply may not exceed 50 tonnes in FAO
Antarctic division 58.5.2.
6. Location in which the by-catch exceeds the rates
referred to in this Article is defined as the course followed
by the fishing vessel from the point where the gear was
first deployed to the point where it was brought back on
board.
7. Catches of any of the above species taken by aCommunity vessel for scientific fisheries research purposes
will be considered as part of the catch limitations in force
for each species taken, as described in paragraphs 1 to 6.66/98
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6Article 6
Gear
1. The fishery for Dissostichus eleginoides in Antarctic
division 58.5.2 is prohibited except if undertaken by
trawling.
2. For crab fishing as defined in Article 5 (4), only crab
pots (traps) are authorized. This fishery shall be limited to
sexually mature male crabs; all female and undersized male
crabs shall be released unharmed. In the case of Paralomis
spinosissima and P. f o r m o s a , males with a minimum
carapace width of 102 mm and 90 mm respectively, may
be retained in the catch. Crab processed at sea shall be
frozen as crab sections (minimum size of crabs can be
determined using crab sections).
3. The fishery for Dissostichus eleginoides in FAO
Antarctic sub-areas 48.3 and 48.4 is prohibited except if
undertaken by longlines.
4. The fishery for Champsocephalus gunnari in FAO
Antarctic sub-area 48.3 is prohibited if undertaken by
bottom trawls.
Article 7
Control measures
Community vessels shall be subject to three different catch
and effort reporting systems:
1. For the purposes of the Monthly Catch and Effort
Reporting System, the reporting period is defined as a
calendar month.
2. For the purposes of the T en-day Catch and Effort
Reporting System, each calendar month is divided into
three reporting periods, designated by the letters A, B,
C and running from day 1 to day 10, day 11 to day 20
and day 21 to the last day of the month respectively.
3. For the purposes of the Five-day Catch and Effort
Reporting System, each calendar month is divided into
six reporting periods, designated by the letters A, B, C,
D, E and F and running from 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
respectively.
Article 8
1. The Five-day Catch and Effort Reporting system
applies to:
(i) the fisheries for Dissostichus eleginoides in FAO
Antarctic sub-area 48.3 and 48.4 beginning on
1 April 1998 ;66/98
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7(ii) the fishery for Champsocephalus gunnari in FAO
Antarctic sub-area 48.3;
2. The T en-day Catch and Effort report system applies
to:
(i) the fishery for crab, Paralomis spp. (order Decapoda,
suborder reptantia ) in FAO Antarctic sub-area 48.3.
Data on catches taken between 31 July and 25
August 1998 shall be reported to the Commission by
25 September 1998 ;
(ii) the fisheries for Champsocephalus gunnari and
Dissostichus eleginoides and other deep-water species in
FAO Antarctic division 58.5.2.
3. The Monthly Catch Reporting system applies to:
(i) the fishery for Electrona carlsbergi in FAO Antarctic
sub-area 48.3;
(ii) the fishery for Euphausia superba in FAO Antarctic
area 48 and FAO Antarctic divisions 58.4.2 and 58.4.1.
4. The Catch and Effort Reporting systems shall apply
to all species fished for scientific research purposes,
whenever the catch within a specific period exceeds five
tonnes.
Article 9
1. Masters of Community fishing vessels shall submit a
catch and effort report to the competent authorities of the
flag Member State, at the latest one day after the end of
the relevant reporting period.
2. Member States shall notify to the Commission by
computer transmission, at the latest within three days of
each reporting period, the catch and effort report
transmitted by each fishing vessel flying their flag and
registered in the Community. Each catch and effort report
shall specify the reporting period of the catch concerned.
3. The Commission shall notify to the CCAMLR, at the
latest within five days after the end of each reporting
period, the catch and effort reports received in accordance
with paragraph 2.
Article 10
The Catch and Effort Reporting system shall contain the
following information, pertaining to the preceding period:
— the name,
— the external identification mark of the vessel in
question,66/98
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8— the total catches of the species concerned,
— the total days and hours fished,
— the retained catch of all species and by-catch species
during that reporting period,
— in the case of longline fisheries, the number of hooks.
Article 11
1. Member States shall notify to the Commission the
total catches, broken down by vessel, which were made by
fishing vessels flying their flag and registered in the
Community, in the period between 1 July 1998 and the
end of the first month following the month in which the
Regulation enters into force. This notification shall be
made within 10 days of the end of this period.
2. All vessels fishing for crab in FAO Antarctic sub-area
48.3 shall report the following data to the Commission by
25 August 1998 for crabs caught prior to 31 July 1998 :
— the location, date, depth, the number and spacing of
pots and soak time, and catch (numbers and weight) of
commercially sized crabs (reported on as fine a scale
as possible, but no coarser than 0,5 ûlatitude and
1,0ûlongitude) for each 10-day period,
— the species, size and sex of a representative sample of
crab sampled according to the procedure set out in
Annex I (between 35 and 50 crabs shall be sampled
every day from the line hauled just prior to noon) and
by-catch caught in traps, and
— other relevant data, as possible, according to the
requirements set out in Annex I.
Article 12
Monthly fine scale effort and biological data reporting
system for trawl and longline fisheries
1. Community fishing vessels shall notify to the
competent authority of the Member State whose flag they
f l yn o tl a t e rt h a nt h e1 5 t ho fe a c hm o n t h ,f o l l o w i n gt h e
month of fishing, the necessary haul by haul data to
complete a CCAMLR fine scale catch and effort data form
(C1 form for trawl fisheries and C2 form for longline
fisheries) when fishing for:
(a)Dissostichus eleginoides in FAO Antarctic division
58.5.2 from 7 November 1997 until 6 November 1998
and in FAO Antarctic sub-areas 48.3 and 48.4 from
1 April to 31 August 1998 ;66/98
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9(b)Champsocephalus gunnari in FAO Antarctic sub-area
48.3 from 7 November 1997 until 31 March 1998 ;
(e)Electrona carlsbergi as the target species in FAO
Antarctic sub-area 48.3, and for ‘by-catch’ species
defined as any cephalopod, crustacean or fish species
other than Electrona carlsbergi. Ar e p r e s e n t a t i v e
sample in this case shall be a minimum of 500 fish.
2. All catches of target and by-catch species must be
reported by species. Data shall include the numbers of
seabirds or marine mammals of each species caught and
released or killed.
3. Community fishing vessels shall also notify
representative samples of length composition
measurements of the target species and by catch species
from the fishery (form B2, latest version). Length
measurements of fish should be of total length to thenearest centimetre below and representative samples of the
length composition should be taken from a single fine
scale grid rectangle (0,5 ûlatitude by 1 ûlongitude). In the
event that a vessel moves from a fine scale grid rectangle
to another during the course of a month, then separate
length compositions should be submitted for each fine
scale grid rectangle.
4. Pursuant to this notification, Member States shall
transmit this information to the Commission at the end of
each month. The Commission shall immediately transmit
these data to the CCAMLR.
Article 13
Suspension of fishing activities
Following notification from the CCAMLR to the
Commission concerning the exhaustion of the TAC of a
stock or a group of stocks fixed in Article 5, or after the
expiration of the fishing season set out in Article 5, it shall
be prohibited for any Community fishing vessel to fish for
that stock or group of stocks, to retain on board, to
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10Article 14
Mesh sizes
1. No trawl, Danish seine or similar net any part of
which is composed of meshes of a size smaller than those
laid down in Annex III, shall be used when engaging in
directed fishery for the species or groups of species
Notothenia rossii, Dissostichus eleginoides, Gobionotothen
gibberifrons, Notothenia kempi, Lepidonotothen squamifrons
and Champsocephalus gunnari . It is prohibited to use any
means or device which would obstruct or diminish the size
of the meshes.
2. For the nets referred to in paragraph 1, the minimum
mesh size provided for in Annex III shall be determined in
accordance with the following rules:
A.Description of gauges
(a) The gauges to be used for determining mesh size
shall be 2 mm thick, flat, of durable material andcapable 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 specified above. They shall have a hole at
the narrowest extremity.
(b) Each gauge shall be inscribed on its face with the
width in millimetres both of the parallel-sided
section, if any, and of the tapering section. In the
case of the latter, the width shall be inscribed at
intervals of 1 mm and shall be indicated at regular
intervals.
B.Use of the gauge
(a) The net shall be stretched in the direction of the
long diagonal of the meshes.
(b) A gauge as described in point A shall be inserted
by its narrowest extremity into the mesh opening
in a direction perpendicular to the plane of the
net.
(c) The gauge shall be inserted into the mesh opening
either manually or using a weight or dynamometer,
until it is stopped at the tapering edges by the
resistance of the mesh.
C.Selection of meshes to be measured
(a) Meshes to be measured shall form a series of 20
consecutive meshes running in the direction of the
long axis of the net.66/98
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11(b) 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.
(c) By way of derogation from (a), the meshes to be
measured need not be consecutive if the conditions
set out in (b) apply.
(d) Nets shall be measured only when wet and
unfrozen.
D.Measurements of each mesh
T h es i z eo fe a c hm e s hs h a l lb et h ew i d t ho ft h eg a u g e
a tt h ep o i n tw h e r et h eg a u g ei ss t o p p e dw h e ni ti s
used in accordance with point B.
E.Determination of the mesh size of the net
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 points C and D, the arithmetical mean being
rounded off to the nearest millimetre.
The total number of meshes to be measured is speci-
fied in point F.
F.Sequence of inspection procedure
(a) The inspector shall measure one series of
20 meshes, selected in accordance with point C
above, inserting the gauge manually without using
a weight or dynamometer. The mesh size of the
net shall then be determined in accordance with
point E above.
If the calculation of the mesh size shows that the
mesh size does not appear to comply with the rules
in force, two additional series of 20 meshes
selected in accordance with point C above shall be
measured.
The mesh size shall then be recalculated in
accordance with point E, taking into account the
60 meshes already measured. Without prejudice to
(b) this shall be the mesh size of the net.66/98
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12(b) If the master of the vessel contests the mesh size
determined in accordance with (a), such
measurement shall 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 the purposes of
remeasurement. The choice of weight or
dynamometer shall be left to the discretion of the
inspector. The weight shall be fixed (using a hook)
to the hole in the narrowest extremity of the
gauge. The dynamometer may either be fixed to
the hole in the narrowest extremity of the gauge or
be applied at the widest 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 (a) above, a forceof 19,61 newton (equivalent to a mass of two
kilograms) shall be applied and a force of
49,03 newton (equivalent to a mass of five
kilograms), shall be applied for other nets.
For the purposes of determining the mesh size in
accordance with point E above (when a weight or
dynamometer is used), only one series of
20 meshes shall be measured, wherever a weight or
dynamometer is used.
3. The measures applicable to reduce the incidental
mortality of seabirds during longline fisheries are set out in
Annex IV .
Article 15
Notification for a new fishery
1. For the purposes of this Article a new fishery is a
fishery for a species using a particular fishing method in a
FAO Antarctic sub-area, for which:
(a) information on distribution, abundance, demography,
potential yield and stock identity from comprehensive
research/surveys or exploratory fishing have never been
submitted to the CCAMLR; or
(b) catch and effort data have never been submitted to the
CCAMLR; or
(c) catch and effort data from the two most recent seasons
in which fishing occurred have never been submitted to
the CCAMLR.
2. The exercise of a new fishery in the CCAMLR
Convention Area shall be prohibited unless authorized in
accordance with paragraph 6.
3. Any operator of a Community vessel who intends to
develop a new fishery in the CCAMLR Convention Area
shall inform the competent authorities of the Member
State whose flag the vessel flies of that intention and shall
submit to those authorities the information defined inparagraph 4 to the best of his ability.66/98
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134. A Member State who has been informed of the
intention to develop a new fishery in the CCAMLR
Convention Area shall notify the Commission without
delay and not later than four months in advance of the
Annual Meeting of the CCAMLR.
The notification shall be accompanied by as much of the
following information as the Member State is able to
provide:
(a) 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;
(b) biological information from comprehensive
research/survey cruises, such as distribution,
abundance, demographic data and information on
stock identity;
(c) details of dependent and associated species and the
likelihood of them being affected by the proposed
fishery;
(d) information from other fisheries in the region or
similar fisheries elsewhere that may assist in the
valuation of potential yield.
5. The Commission shall forward to the CCAMLR for
consideration the information provided in accordance with
paragraph 4, together with any other relevant information
it has at its disposal.
6. As soon as the CCAMLR has taken a decision, the
new fishery shall be authorized
— by the Commission in the case where the CCAMLR
has not adopted any conservation measure with regard
to the new fisheries, or,
— by the Council, acting by a qualified majority on a
proposal from the Commission in all other cases.
Article 16
Exploratory fisheries
An exploratory fishery is defined as a fishery that was
previously classified as a new fishery, as defined in
Article 15. An exploratory fishery shall continue to be
classified as such until sufficient information is available:
(a) to evaluate the distribution, abundance and
demography of the target species, leading to an
estimate of the fishery’s potential yield;
(b) to review the fishery’s potential impacts on dependent
and related species; and
(c) to allow the CCAMLR’s Scientific Committee to
formulate and provide advice on appropriate harvest
catch levels, as well as on effort levels and fishing gear
where appropriate.
The information to be submitted for an exploratory fishery
is set out in Annex V .66/98
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14Exploratory fishing in the CCAMLR convention area shall
be prohibited unless it has been authorised in accordance
with Annex V .
Article 17
Application of conservation measures to scientific
fisheries research activities
1. Member States whose vessels intend to conduct
scientific fisheries research when the estimated catch is
expected to be less than 50 tonnes, shall submit directly to
the CCAMLR with a copy to the Commission the
following data:
— the name,
— the external identification mark of vessel,
— the division and sub-area in which research is to be
carried out,
— the estimated dates of entering and leaving the
CCAMLR Convention Area,
— the purpose of research,
— the fishing equipment likely to be used.
2. Community vessels referred to in paragraph 1 shall be
exempted 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 Article 5(8) and
Article 8(4).
3. Member States whose vessels intend to conduct
scientific fisheries research where the estimated total catch
is expected to be more than 50 tonnes, shall submit to the
CCAMLR for review, with a copy to the Commission, and
at least six months in advance of the planned starting date
for research, the research plans using the form provided by
the CCAMLR. Until the review process is completed by
the CCAMLR and its decision notified, the planned fishingfor research purposes shall not proceed.
4. Member States should report catch and effort data
resulting from any scientific fisheries research subject to
the provisions in paragraphs 1, 2 and 3 to the CCAMLR,
with a copy to the Commission, according to the
haul-by-haul reporting format for research vessels (form
C4).
A summary of the results shall be provided by the
Member State to the CCAMLR, with a copy to the
Commission, within 180 days of the completion of the
research. A full report of the results of the research shall
be provided to the CCAMLR, with a copy to the
Commission within twelve months.2479/98
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15Article 18
Crab fishery is defined as all commercial harvest activity
where the target species is any member of the crab group
(order Decapoda , suborder Reptantia ).
Article 19
Community fishing vessels shall have at least one
CCAMLR designated scientific observer on board when
the said vessels are engaged in a fishery for:
(a) crab in FAO Antarctic sub-area 48.3 from
7 November 1997 to 6 November 1998;
(b)Dissostichus eleginoides in FAO sub-area 48.3 and 48.4
from 1 April 1997 to 31 August 1998 ;
(c)Champsocephalus gunnari in FAO Antarctic sub-area
48.3 from 7 November 1997 to 31 March 1998;
(d)Dissostichus eleginoides in FAO Antarctic division
58.5.2 from 7 November 1997 until 6 November 1998 ;
Article 20
Provisions relating to the reduction in use of plastic
packaging bands on fishing vessels
The use on fishing vessels of plastic packaging bands to
secure bait boxes shall be prohibited. The use of other
packaging bands for other purposes on fishing vessels
which do not use on-board incinerators (closed systems)
shall be prohibited.
Any packaging bands once removed from the packages
shall be cut, so that they do not form a continuous loop
and at the earliest opportunity burned in the on-board
incinerator.
Any plastic residue shall be stored on board the vessel
until reaching port and in no case discarded in the sea.
Article 21
The changes to this Regulation necessary to implement the
recommendations adopted by the CCAMLR shall be made
by the Council deciding by a qualified majority on a
proposal by the Commission.
Article 22
Regulation (EC) No 2113/96 is hereby repealed and
replaced by the provisions of this Regulation.2479/98
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16Article 23
This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of
the European Communities.66/98
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17ANNEX I
DATA REQUIREMENTS ON THE CRAB FISHERY IN FAO
ANTARCTIC SUB-AREA 48.3
Catch and effort dataDescription of voyage
voyage code, vessel code, permit number, year.
Pot description
diagrams and other information, including pot shape, dimen-
sions, mesh size, funnel position, aperture and orientation,
number of chambers, presence of an escape port.
Effort description
date, time, latitude and longitude of start of the set, compass
bearing of the set, total number of pots set, spacing of potson the line, number of pots lost, depth, soak time, bait type.
Catch description
retained catch in numbers and weight, by-catch of all species
(see Table 1), incremental record number for linking with
sample information.
Table 1: Information to be declared for by-catch species in
the crab fishery in FAO Antarctic sub-area 48.3
Species Data to be declared
Dissostichus eleginoides Number and total estimatedweight
Notothenia rossii Number and total estimated
weight
Other species T otal estimated weight
Biological data
F o rt h e s ed a t a ,c r a b sa r et ob es a m p l e df r o mt h el i n eh a u l e dj u s t
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 sub-sample.
Description of voyage
voyage code, vessel code, permit number.
Sample description
date, position at start of the set, compass bearing of the set,
line number.2479/98
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18Data
species, sex, length of at least 35 individuals,
presence/absence of rhizocephalan parasites, record of the
destination of the crab (kept, discarded, destroyed), record ofthe number of the pot from which the crab comes.2479/98
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19ANNEX ΙΙ 2479/98 - - - deleted
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20ANNEX ΙΙΙ
MINIMUM MESH SIZE PROVIDED FOR IN ARTICLE 14
Species Ty p e o f n et Minimum mesh size
Notothenia rossii Trawls, Danish seines
and similar nets 120 mm
Dissostichus ele-ginoidesTrawls, Danish seines
and similar nets
120 mm
GobionotothengibberifronsTrawls, Danish seines
and similar nets
80 mm
Notothenia kem-piTrawls, Danish seines
and similar nets
80 mm
LepidonotothensquamifronsTrawls, Danish seines
and similar nets
80 mm
Champsocepha-lus gunnari Trawls, Danish seinesand similar nets
90 mm66/98
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21ANNEX IV
MEASURES TO REDUCE THE INCIDENTAL MORTALITY OF
SEABIRDS DURING LONGLINE FISHING IN THE CCAMLR
CONVENTION AREA, AND MEASURES PERTAINING TO
THE USE OF NET MONITOR CABLES
1. Fishing operations shall be conducted in such a way that the
baited hooks sink as soon as possible after they are put inthe water. For vessels using the Spanish method of longline
fishing, weights should be released before line tension occurs;
wherever possible weights of at least 6 kg mass should beused, spaced at 20 metre intervals. Only thawed bait shall be
used.
2. Longlines shall be set at night only (i.e. during the hours
of
darkness between the times of nautical twilight; the times of
twilight can be found in the tables in the nautical almanac
for all latitudes and local times for all days. All the times
mentioned, whether for the vessel’s operations or observers’
declarations, must be given with an indication of the
difference to GMT) . 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.
During longline fishing at night, only the minimum ship’s
lights necessary for safety shall be used.
3 . T h ed u m p i n go fo f f a la ts e aw h i l el o n g l i n e sa r eb e i n gs e t
shall be prohibited. The dumping of offal should be avoided
while longlines are being hauled. If discharge of offal during
hauling is unavoidable, this discharge shall take place on theopposite side of the vessel to that where longlines are set or
hauled.
4. Every effort should be made to ensure that birds captured
alive during longlining are released alive and that wherever
possible hooks are removed without jeopardizing the life of
the bird concerned.
5. A streamer line designed to discourage birds from settling on
baits during deployment of longlines shall be towed.
Specification of the streamer line and its method ofdeployment is given in the Appendix to this Annex. Details
of the construction relating to the member and placement of
swivels may be varied so long as the effective sea surfacecovered by the streamer is no less than that covered by the
currently specified design. Details of the device dragged in
the water in order to create tension in the line may also bevaried.
6. Other variations in the design of steamer lines may be tested
on vessels carrying two observers, at least one appointed in
accordance with the CCAMLR scheme of international
scientific observation, providing that all other elements ofthis conservation measure are complied with.66/98
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227. The use of net monitor cables on harvesting vessels in the
CCAMLR Convention Area is prohibited.
Appendix attached.66/98
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23Appendix to Annex IV
1 . T h es t r e a m e rl i n ei st ob es u s p e n d e da tt h es t e r nf r o map o i n ta p p r o x i m a t e l y4 , 5ma b o v e
the water and such that the line is directly above the point where the baits hit the water.
2. The streamer line is to be approximately 3 mm diameter, have a minimum length of 150 m
and have a device at the end to create tension so that the main line streams directly behind
t h es h i pe v e ni nc r o s sw i n d s .
3. At 5 m intervals commencing from the point of attachment to the ship five branch streamers
each comprising two strands of approximately 3 mm diameter cord should be attached. The
length of the streamer should range between approximately 3,5 m nearest the ship toapproximately 1,25 m for the fifth streamer. When the streamer line is deployed the branch
streamers should reach the sea surface and periodically dip into it as the ship heaves. Swivels
should be placed in the streamer line at the towing point, before and after the point ofattachment of each branch streamer and immediately before any weight placed on the end of
the streamer line. Each branch streamer should also have a swivel at its attachment to the
streamer line.
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24ANNEX V
INFORMATION TO BE SUBMITTED FOR AN EXPLORATO-
RY FISHERY
1. T o ensure that adequate information is made available to the
CCAMLR’s Scientific Committee for evaluation, during the
period when a fishery is classified as exploratory:
(i) the Scientific Committee will develop and (update
annually as appropriate) a data collection plan, which
will identify the data needed and describe the actions
necessary to obtain the relevant data from theexploratory fishery;
(ii) each Member State active in the fishery shall annually
(by the specified date) submit to the CCAMLR thedata specified by the data collection plan developed by
the Scientific Committee;
(iii) each Member State active in the fishery or intending to
authorize a vessel to enter the fishery shall annually
prepare and submit to the CCAMLR by a specified
date a research and fishery operations plan for reviewby the Scientific Committee and the Commission;
(iv) prior to any Member State authorizing its vessels to
enter an exploratory fishery that is already in progress,
that Member shall notify the Commission not less than
three months in advance of the next regular meeting ofthe Commission and the Member shall not enter the
exploratory fishery until the conclusion of that meeting;
(v) if the data specified in the data collection plan have not
been submitted to the CCAMLR for the most recent
season in which fishing occurred, continued exploratory
fishing by the Member State which failed to report itsdata shall be prohibited until the relevant data have
been submitted to the CCAMLR and the Scientific
Committee has been allowed an opportunity to reviewthe data;
(vi) fishing capacity and effort shall be limited by a
precautionary catch limit at a level not substantiallyabove that necessary to obtain the information specified
in the data collection plan and required to make the
evaluations outlined in Article 16 of the Regulation;
(vii) the name, type, size, registration number and radio call
sign of each vessel participating in the exploratory
fishery shall be registered with the CCAMLRsecretariat at least three months in advance of starting
each fishing season; and
(viii) each vessel participating in the exploratory fishery shall
carry a scientific observer to ensure that the data is
collected in accordance with the agreed data collectionplan and to assist in collecting biological and other
relevant data.66/98
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252. The data collection plan to be formulated and updated by
the Scientific Committee shall include, where appropriate:
(i) a description of the catch effort and related biological,
ecological and environmental data required toundertake the evaluations described in Article 16 of the
Regulation and the date by which the agreed data is to
be annually reported to the 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 ecologicalrelationships among harvested, dependent, and related
populations and the likelihood of adverse impacts; and
(iii) an evaluation of the time-scales involved in determining
the responses of harvested, dependent and related
populations to fishing activities.
3. Research and fisheries operations plan to be prepared by
Member States’ participating or intending to participate in
the exploratory fishery shall include as much of the following
information as the Member State is able to provide:
(i) a description of how the Member State’s activities will
comply with the data collection plan developed by the
Scientific Committee;
(ii) the nature of the exploratory fishery, including target
species, methods of fishing, proposed region andmaximum catch levels proposed for the forthcoming
season;
(iii) biological information from comprehensive
research/survey cruises, such as distribution, abundance,
demographic data, and information on stock identity;
(iv) details of dependent and related species and the
likelihood of them being affected by the proposed
fishery; and
(v) information from other fisheries in the region or
similar fisheries elsewhere that may assist in the
evaluation of potential yield.66/98