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Brussels, 09.06.1998 
COM(1998) 346 final 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EC) No 66/98 laying down certain conservation 
and control measures applicable to fishing activities in the Antarctic 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
This proposal concerns the international obligations of the European Community with 
regard to the conservation of Antarctic marine living resources. 
At its annual meeting on 8 November 1997, the Commission for the Conservation of 
Antarctic Marine Living Resources (CCAMLR) adopted conservation and management 
measures in the CCAMLR convention area for the period from 8 November 1997 to 
6 November 1998. The purpose of this proposal is to include these recommendations in 
the Community's legislation. 
It is proposed to apply all the measures concerning: 
the obligation of the Contracting Parties to issue fishing permits to the vessels they 
authorize to fish in the CCAMLR convention area; 
the catch restrictions applicable to certain species; 
the prohibition on directed fishing of certain species; 
the reduction of incidental mortality of seabirds during longline fisheries. 
These conservation measures will become binding from 11 May 1998 unless the 
Contracting Parties raise any objections. 
The Commission proposes that the Council adopt this Regulation. 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EC) No 66/98 laying down certain conservation 
and control measures applicable to fishing activities in the Antarctic 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to 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 2113/961, and in particular Article 21 thereof, 
Having regard to the proposal from the Commission2, 
Whereas the Convention on the Conservation of Antarctic Marine Living Resources, 
hereinafter called "the Convention", was approved by Council Decision 81/691 /EEC3 and 
entered into force for the Community on 21 May 1982; 
Whereas, at its annual meeting on 8 November 1997, the Commission for 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 and management measures in the CCAMLR 
convention area for the period from 8 November 1997 to 6 November 1998; 
Whereas these conservation measures will become binding as from 11 May 1998; 
Whereas provision should be made whereby only those vessels holding a special fishing 
permit issued in accordance with Council Regulation (EC) No 1627/944 are to be allowed 
to carry out fishing activities; 
Whereas the members of CCAMLR have agreed to apply the conservation measures 
adopted on 8 November 1997, 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 commencing on or after 8 November 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 fishing vessels flying the flag 
of a Member State with effect from the dates fixed; 
Whereas Regulation (EC) No 66/98 should therefore be amended accordingly, 
1 OJ L 6, 10.1.1998, p. 1. 
2 OJ 
3 OJL252, 5.9.1981, p. 26. 
4 OJL 171, 6.7.1994, p. 7. 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EC) No 66/98 is amended as follows: 
1. Article 2(1) is replaced by the following: 
"1. Only those vessels named in the list mentioned in paragraph 2 which have a 
special fishing permit issued in accordance with Article 7 of Regulation (EC) 
No 1627/94 by the Member State whose flag they fly shall have the right to 
carry out fishing activities in the area defined in Article 1. 
OJL 171, 6.7.1994, p. 7." 
2. Article 4 is amended as follows: 
(a) In paragraph 3, "7 November 1997" is replaced by "6 November 1998". 
(b) The following paragraphs are added: 
"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 
8 November 1997 until 6 November 1998. 
5. Catches of Lepidonotothen squamifrons in FAO Antarctic 
division 58.4.4 shall be prohibited from 8 November 1997, except for 
scientific research purposes. 
6. Directed fishing of Lepidonotothen squamifrons, Notothenia rossii, 
Chanichthys rhinoceratus or Bathyraja spp in FAO Antarctic 
division 58.5.2 shall be prohibited from 8 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." 
3. Article 5 is amended as follows: 
(a) Paragraphs 2 and 3 are replaced by the following: 
"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; 
(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 
8 November 1997 to 6 November 1998. 
If in the course of directed fishing for Dissostichus eleginoides, 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 species offish, or 
(ii) is two tonnes or greater, 
the fishing vessel shall move to another fishing location not closer than 
five nautical miles away. The fishing vessel shall not return to 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 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 Antarctic sub-area 48.3 from 8 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: 
(i) is greater than 100 kg and exceeds 5% of the total catch by 
weight of all the species offish, or 
(ii) is two tonnes or greater, 
the fishing vessel shall move to another fishing location not closer than 
five nautical miles away. The fishing vessel shall not fish within five 
nautical miles of the location in which the by-catch exceeded 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 by-catch of Champsocephalus gunnari being 
smaller than 24 cm in total length exceeded 10% for a period of at least 
five days." 
(b) Paragraph 4 is amended as follows: 
(i) the words "from 2 November 1996 to 7 November 1997" in the first 
and second subparagraphs are replaced by "from 8 November 1997 to 
6 November 1998". 
(ii) the fourth subparagraph is replaced by the following: 
"If, in the course of directed fishing for Electrona carlsbergi, the 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 offish, 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 fish within five nautical miles of 
the location in which the by-catch exceeded 5% for a period of at least 
five days." 
(c) The following point is added to paragraph 5: 
"(iii) In all directed fishing in FAO Antarctic division 58.5.2 from 
8 November 1997 to 6 November 1998: 
the by-catch of Lepedonotothen squamifrons may not exceed 
325 tonnes, 
the by-catch of Channichthys rhinoceratus may not exceed 
80 tonnes, 
the by-catch of Bathyraja spp may not exceed 120 tonnes. 
By-catches of all 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". 
(d) Paragraph 6 is replaced by the following: 
"6. Location in which the by-catch exceeds the rates referred to in this 
Article" means the course followed by the fishing vessel from the point 
where the gear was deployed to the point where it was brought back 
on board." 
4. Article 8 is amended as follows: 
(a) In paragraph l(i), "1 March 1997" is replaced by "1 April 1998" and 
point (iii) is deleted. 
(b) In paragraph 2(i), all references to 1997 are replaced by references to 1998. 
5. In Article 11(1) and (2), all references to 1997 are replaced by references to 1998. 
6. Article 12 is amended as follows: 
(a) Paragraph 1 is amended as follows: 
(i) in point (a), the words "from 2 November 1996 until 31 August 1997" 
are replaced by "from 8 November 1997 until 6 November 1998" 
and the words "commencing on 1 March 1997" are replaced by 
"from 1 April to 31 August 1998"; 
(ii) in point (b), the words "from 2 November 1996 until 31 March 1997" 
are replaced by "from 8 November 1997 until 31 March 1998"; 
(iii) points (c) and (d) are deleted. 
(b) Paragraph 5 is deleted. 
7. In Article 16, the following paragraph is added: 
"The exercise of exploratory fishing in the CCAMLR convention area shall be 
prohibited unless it has been authorized in accordance with Annex V." 
8. Article 18 is replaced by the following: 
"Article 18 
Crab fishery means all commercial harvest activity where the target species is a 
member of the crab group (order Decapoda, suborder Reptantia)." 
9. In Article 19: 
(a) Point (a) is replaced by the following: 
"(a) crab in FAO Antarctic sub-area 48.3 from 8 November 1997 to 
6 November 1998". 
(b) In point (b), the words "from 1 March to 31 August 1997" are replaced by 
"from 1 April 1997 to 31 August 1998". 
(c) Point (c) is replaced by the following: 
"(c) Champsocephalus gunnari in FAO Antarctic sub-area 48.3 from 
8 November 1997 to 31 March 1998." 
(d) In point (d), the words "from 2 November 1996 until 31 August 1997" are 
replaced by "from 8 November 1997 until 6 November 1998". 
(e) Point (e) is deleted. 
10. Annex I is replaced by the text shown in Annex I to this Regulation. 
11. Annex II is deleted. 
12. Annex IV is amended in accordance with the amendments shown in Annex II to 
this Regulation. 
Article 2 
This Regulation shall enter into force on the seventh day following that of its publication 
in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Brussels, For the Council 
The President 
ANNEX ï 
"ANNEX I 
DATA REQUIREMENTS ON THE CRAB FISHERY IN FAO ANTARCTIC 
SUB-AREA 48.3 
Catch and effort data: 
Description of voyage 
Voyage code, vessel code, permit number, year. 
Pot description 
Diagrams and other information, including pot shape, dimensions, 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 pots on 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 estimated weight. 
Notothenia rossii Number and total estimated weight. 
Other species Total estimated 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. 
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. 
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 number of the pot from which the crab comes." 
ANNEX II 
AMENDMENTS TO ANNEX IV 
In paragraph 2, the first sentence is replaced by: 
"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)". 
Paragraph 3 is replaced by the following: 
"The dumping of offal at sea while longlines are being set 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 the 
opposite side of the vessel to that where longlines are set or hauled." 
Paragraph 8 is deleted. 
10 
ISSN 0254-1475 
COM(98) 346 final 
DOCUMENTS 
EN 03 06 07 11 
Catalogue number : CB-CO-98-357-EN-C 
ISBN 92-78-36883-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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