Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) n° 2245/85 laying douwn certain technical measures for the conservation of fish stocks in the Antarctic
Date: 1992-04-06
Institutions: European Commission
Subjects: Antarctica, authorised catch, conservation of fish stocks, fishery resources, fishing regulations, fishing rights

COMMISSION  OF THE EUROPEAN  COMMDNITIES 

COM(90) 134 final 

Brussels, 6  ApriI  1990 

Proposai  for a 

COUNCIL REGULATION  fEECl 

™^^t^ (EEC) n. 2245/85 ^ 

^  œrtain tecfeni 
«easures for the conservation of fish stocks in the Antarctic 

(présentée! by the Commission) 

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EXPLANATORY MEMORANDUM 

On  5  November  1991  the  Commission  for  the  Conservation  of  Antarctic 

Marine  Living  Resources  (CCAMLR)  notified  Contracting  Parties  of  the 

conservation measures adopted at the 1991 Annual Meeting  held  in Hobart 

in the period 22 October-2 November 1991. 

These  conservation  measures  which  are  based  on  the  scientific  advice 

submitted by CCAMLR's Scientific Committee, reflect conservation measures 

adopted by CCAMLR  in previous years.  They involve, notably, the fixing 

of  TACs  for the  species  Euphausia 

superba, 

Dissostichus 

eleglnoldes 

and 

electron* 

carlsbergi 

for  the  1991/92  fishing  season.  Other  measures 

relate to mesh sizes, closed  seasons, prohibition on directed  fisheries 

for  certain  stocks  catch  reporting  systems  and  the  introduction  of 

procedures  whereby  Members  notify  CCAMLR  when  they  are  considering 

initiating  a  new  fishery. 

The  measures  concern  essentially  FAO 

Antarctic  sub-area 48.3  i.e. the waters around South-Georgia, where the 

major concentrations of fish stocks occurs. 

Pursuant  to  Article  IX(6)(b) of  the  Convention  on  the  Conservation  of 

Antarctic Marine Living Resources, these measures will  become binding on 

all the Contracting  Parties on 5 May 1992, as they were accepted by all 

Members of the CCAMLR before 5 February 1992. 

In view of the agreement between the members of CCAMLR and the importance 

of  these  conservation  measures  for  this  fish  stocks  concerned,  the 

Community  is called upon to apply these measures to Community  fishermen 

immediately. 

The purpose of this Regulation  is to implement  these recommendations by 

amending the existing  Regulation  laying down  certain  technical measures 
for the conservation of fish stocks in the Antarctic. 

i 

-s-

PROPOSAL FOR A 

COUNCIL REGULATION  (EEC) 
of 

amending Regulation  (EEC) n°  2245/85 laying down certain technical 
measures for the conservation of fish stocks in the Antarctic 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Economic Community, 

Having regard  to Council Regulation  (EEC) N°  170/83  of  25 January  1983 
establishing  a  Community  system  for  the conservation  and  management  of 
fishery  resourcesC1),  as  amended  by  the Act  of  Accession  of  Spain  and 
Portugal, and in particular Article 11 thereof, 

Having regard to the proposal from the Commission, 

Whereas,  pursuant  to  Article  2  of  Regulation  (EEC)  N°  170/83,  the 
conservation measures necessary to achieve the aims set out in Article  1 
of  that  Regulation  are  to  be  formulated  in  the  light  of  the  available 
scientific advice; 

Whereas  the  Convention  on  the  Conservation  of  Antarctic  Marine  Living 
Resources, hereinafter  called  "the ConventionM, was  approved  by  Council 
Decision  81/691/EEc(2); whereas  it entered  into force  for the C3cmmunity 
on 21 May 1982; 

Whereas  the  Commission  for  the  Conservation  of  Antarctic  Marine  Living 
Resources  (CCAMLR),  established  by  the  Convention,  adopted,  on  the 
recxxnmendation of its Scientific Committee, certain conservation measures 
applicable  in particular  to  the fish  stocks occuring  in  the waters  off 
South  Georgia  as  well  as  notification  procedures  to  be  followed  by 
members of CCAMLR considering initiating a new fishery; 

Whereas these conservation measures were notified to the members of the 
CCAMLR on 5 November 1991; whereas, in the absence of objections to the 
measures, they become binding on 4 May 1992 under Article IX  (6) of the 
Convention; 

(1) 
(2) 

OJ N° L 24 Of 27.1.1983, p.  1 
OJ N° L 252 of 5.9.1981, p. 26 

-Jl-

Whereas  the  members  of  the  CCAMLR  stated  that  they  intended  to  apply 
these  conservation  measures  on  a  provisional  basis,  without  waiting 
until  they  became  binding,  in  view  of  the  fact  that  certain  of  the 
conservation measures related to a  fishing season which commenced  on  1 
July 1991; 

Whereas, therefore, the necessary provisions should now be laid down to 
ensure that the conservation measures adopted by the CCAMLR are applied 
to Community fishermen; 

Whereas, pursuant to Article 3 of Regulation  (EEC) N° 170/83, it is for 
the Council to establish the TAG per stock or group of stocks, the share 
available  to  the  Community,  and  the  specific  conditions  under  which 
catches have to be taken; 

Whereas  the  fishing  activities  referred  to  in  this  Regulation  are 
subject to the control measures provided for in Council Regulation  (EEC) 
N° 2241/87  of  23  July  1987  establishing  certain  control  measures  for 
fishing activities C1), as amended by Regulation  (EEC) N°  3483/88 (2); 

Whereas Regulation  (EEC) N°  2245/85 (3), as  last amended  by  Regulation 
(EEC) N°  2810/91 (4), should be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation  (EEC) N°  2245/85 is hereby ammended as follows : 

1. Articles 2, 2a, and 2b shall be replaced by the following : 

"Article 

2 

Prohibition on fishing  (*) 

1. 

Directed  fishing  for  Champsocephalus  gunnari,  Patagonotothen 
brevicauda guntheri, Nbtothenia rossii, Notothenia gibberifrons, 
Chaenocephalus  aceratus,  Pseudochaenichthys  georgianus  and 
Notothenia  squamifrons  in  FAD  Antarctic  sub-area  48.3  (South 
Georgia)  shall be prohibited  from 2 November  1991 to  6 November 
1992, except for scientific research purposes. 

(1) 
(2) 
(3) 
(4) 

OJ N° L 207 of 29.7.1987, p. 1 
OJ N° L 306 of 11.11.1988, p. 2 
OJ N° L 210 Of 7.8.1985, p. 2 
OJ N° L 271, 27.9.1991, p. 1 

mtfi/CCAMLR/REGLEM./ccarot r.en 

2. 

3. 

Directed fishing for finfish in FAO Antarctic sub-areas 48.1 and 
48.2  shall  be  prohibited  in  the  1990/91  season  except  for 
scientific research purposes. 

Directed  fishing  for Notothenia  squamifrons in  FAO statistical 
division 58.4.4  (Ob and Lena Banks) shall be prohibited  in the 
period 2 November 1991 to 6 November 1992. 

Article 

2a 

Catch limitations (*) 

1.  The total catch of Electrona carlsbergi in the period 2 November 
1991 to 6 November 1992 shall be limited to 245 000 tonnes in FAO 
Antarctic subarea 48.3. 
In addition, the total catch of Electrona carlsbergi in the same 
period  shall  be  limited  to  53  000  tonnes  in  the  Shag  Rocks 
region, defined as the area bounded by 52°30'S, 40°W; 52°30,S, 
44°W; 54°30»S, 40°W and 54°30«S, 44°W. 

2.  In the  course  of  fishing  in FAO Antarctic  sub-area  48.3, by-
catches  of  Notothenia  rossii,  Notothenia  squamifrons, 
Chaenocephalus aceratus and Pseudochaenichthys georgianus shall 
be  limited  to  300  tonnes  for  each  species  and  by-catches  of 
Notothenia gibberifrons shall be limited to 500 tonnes. 

3.  Fishing in FAO Antarctic sub-area 48.3 shall be terminated if by-
catches of one of the species listed in paragraph 2 reach the by-
catch limits foreseen or if total catches of Electrona carlsbergi 
reaches 245 000 tonnes, whichever happens first. 

4.  The fishery in the Shag Rocks region shall close if the by-catch 
of any of the species named in paragraph 2 above reaches their 
by-catch  limit  or  if the  total  catch  of  Electrona  carlsbergi 
reaches 53 000 tonnes, whichever comes first. 

5.  Catches of Dissostichus Eleginoides taken  in the FAO Antarctic 
sub-area 48.3 in the period 2 November 1991 to 6 November 1992 
shall be limited to a TAC of 3 500 tonnes. 

6.  Catches of Euphausia superba taken in FAO Antarctic Area 48 shall 
be  limited to 1.5 million tonnes in the period  1 July  1991 to 
30 June 1992. 

7.  The date on which the catches taken by QDmmunity vessels or the 
other  vessels  concerned  are deemed  to  have  exhausted  the  TAC 
specified in paragraphs 1 to 6 shall be fixed by the Commission 
pursuant to Article  11  (3) of Regulation  (EEC) N°  2241/87 as 
soon as the required information is received from the OCAMLR. 

nrtt/CTAM R/RFft FM. /craml r.en 

-

/-

8.  With  effect  from  the  date  fixed  pursuant  to  paragraph  7,  all 
fishing  for  the  species  concerned  shall  be  prohibited  in  FAO 
Antarctic  sub-area  48.3  and  Community  vessels  shall  cease  to 
retain on board, tranship or land any catches of this fish taken 
in that sub-area after that date. 

Article 

2b 

Catch reports (*) 

1.  Catches  of  Patagonotothen tarevicauda guntheri,  Champsocephalus 
gunnari, Dissosthicus Elegenoides, Notothenia rossii, Notothenia 
Pseudochaenichthys 
gibber ifrons, 
georgianus, Electrona carlsbergi in FAO Antarctic sub-area 48.3 
and  Eunhasia  superba  in  FAO  Antarctic  area  48  shall  be  the 
subject  of  reports  in  accordance  with  this  Article,  without 
prejudice to the application of Articles 5 to  9  of Regulation 
(EEC) N° 2241/87. 

Chaenocephalus 

aoeratus, 

2.  Total  catches,  broken  down  by  vessels,  which  were  made  by 
Community vessels in the period between 1 July 1991 and the end 
of the first month following the month in which this Regulation 
enters  into  force  shall, within  10  days  of  the  end  of  that 
period, be notified to the Commission by the Member States in 
which the vessels concerned  are registered  or whose  flag they 
fly. 

3.  For the purposes of reporting the catches taken after the period 
referred to in paragraph 2, each calendar month shall be 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. 

At the latest within three days of each reporting period, each 
Member State shall notify the (Commission of the total catches, 
broken  down  by  vessels, that  the  vessels  flying  its  flag  or 
registered in its territory have made in the preceding reporting 
period, specifying the month and reporting period concerned. 

4.  On the basis of the information received pursuant to paragraphs 2 
and 3, the Commission shall, at the end of each reporting period, 
inform  the  CCAMLR  of  the total catches made  by  the CJommunity 
vessels in the preceding reporting period." 

(*) 

The  FAD  zones  mentioned  in  this  Regulation  are  defined  in 
Commission  cx»rariunication  85/C335/02,  (OJ  N°  C335,  24.12.1985, 
p. 2) 

-  9-

2. The following Article is inserted : 

"Article 

2c 

Notification of New Fisheries 

^ 

1.  For  the  purposes  of  the  present  Article  a  new  fishery  is  a 
fishery  on  a  species using  a  particular  fishing method  in  a 
statistical subarea for which : 

(a) 

or 
(b) 

or 
(c) 

information  on  distribution,  abundance,  demography, 
potential  yield  and  stock  identity  from  comprehensive 
research/surveys  or  exploratory  fishing  have  not  been 
submitted to CCAMLR; 

catch  and  effort  data  have  never  been  submitted  to 
CCAMLR; 

catch and effort data from the two most recent seasons in 
which fishing occured have not been submitted to CCAMLR. 

2.  The exercise of a new fishery in the CCAMLR Convention Area shall 
be prohibited as long as it has not been authorized in accordance 
with paragraph 6. 

3.  Any operator of a  fishing 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 or in 
whose  territory  it  is registered  of  that  intention  and  shall 
submit to those authorities as much of the information defined in 
paragraph 4 as he is able to provide. 

4.  A Member State who has been informed of the intention to develop 
a new fishery in the CCAMLR Convention Area with vessels flying 
its  flag  or  registered  in  its  territory  shall  notify  the 
Commission without delay and not less than six months in advance 
of the next regular meeting of 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; 

m*\  /PTAMI © /PFCI  CM  / r r a ml  r  on 

-p-

(b) 

(c) 

(d) 

biological information from comprehensive  research/survey 
cruises,  such  as  distribution,  abundance,  demographic 
data and information on stock identity; 
details  of  dependent  and  associated  species  and  the 
likelihood  of  them  being  affected  by  the  proposed 
fishery; 
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  CCAMLR  for  consideration  the 
information  provided  in  accordance  with  paragraph  4,  together 
with any other relevant information. 

6. 

As soon as CCAMLR has completed  its consideration of the proposed 
new fishery,  a decision on the authorization  of  the new  fishery 
shall be taken 
- by  the  Commission,  in  case  CCAMLR  has  not  adopted  any 

conservation measures with regard to the new fishery 

- by  the  Council,  acting  by  a  qualified  majority  on  a  proposal 

from the Commission,  in all other cases. 

Article 2 

This Regulation  shall  enter  into force on  the  third  day  following  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 

For the Council 
The President 

n±> /CCAMLR/REGLEM./ccamlr.en 

ISSN 0254-1475 

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