Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) n° 2245/85 laying down certain technical measures for the conservation of fish stocks in the Antarctic
Date: 1993-03-11
Institutions: European Commission
Subjects: Antarctica, authorised catch, conservation of fish stocks, conservation of resources, fishery resources, fishing regulations

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(93) 65 final 

Brussels,  11 March  1993 

Proposal  for a 

COUNCIL  REGULATION (EEC) 

aroeniing Regulation  (EEC)  n°  2245/85  laying  down certain  tecimical 
jaaasmrW! tor  the  conservation  of  fish  stocks  in  the  Antarctic 

(presented  by  the Commission) 

TT 

KXPLAMATCRy  M*t3RfcNTXH 

On  10 November  1992 the Commission for the Conservation  of Antarctic 
Marine  Living  Resources  (OCAMm)  notified  contracting  Parties  of  the 
ocoTservatian measure adopted at the 1992 Annual testing held in Hdbart 
in the period 26 October-6 November 1992. 

Ihese conservation  measures which are based on the  scientific advice 
submitted by CCftMLR's Scientific Oommittee, reflect conservation measures 
adopted fcy CCAMER in previous years.  Hiey involve, notably, the fixing 
Of TACs for the species  Euphausla 
and 
superb*, 
caarlsbergl  for  the  1992/93  fishing  season.  Other  measures 
eiactiron* 
relate  to  closed  seasons  and  prohibition  on  directed  fisheries  for 
certain stocks. 
'In* measures concern essentially EAO Antarctic sub-
area  48.3  i.e.  the  waters  around  South-Georgia,  where  the  major 
concentrations of fish stocks occur. 

Disso^tlclms 

eleginoides 

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 Cantracting Parties on 10 May 1993. 

In view of the agreement between the members of OCAMLR and the importance 
of  these  conservation  measures  for  the  fish  stocks  concerned,  the 
Ccnnnunity 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?. 

PROPOSAL FORA 

COUNCIL REFUTATION (EEC) 
of 

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

1HE COUNCIL OF THE EUROREftN CX^MUNTTIES, 

Having regard to the Treaty establishing the European Economic community, 

Having regard to Council Regulation (EEC) N°  3760/82 of 20 December 1992 
establishing a Community system for fisheries and ao^tacwltureC1), and in 
particular Article 8(4) thereof, 

Having regard to the proposal from the Commission, 

Whereas,  pursuant  to  Article  4  of  Regulation  (EEC)  N°  3760/82,  the 
conservation measures necessary to achieve the aims set out in Article 2 
of that Regulation are to be formulated in the lig£t of the available 
biological and technical analyses; 

Whereas the Oonvention an the Conservation of Antarctic Marine Living 
Resources, hereinafter called "the Conventionn, was approved by Council 
Decision 8l/69l/EBc(2) ; whereas it entered into force for the Community 
on 21 May 1982; 

Whereas the Commission for the Conservation of Antarctic Marine Living 
Resources  (OCAMLR),  established  by  the  Convention,  adopted,  on * the 
recommendation of its Scientific committee, certain conservation measures 
applicable in particular to the fish stocks ot^curing in the waters off 
South Georgia; 

Whereas these conservation measures were notified to the members of the 
CCAMER on 10 November 1992; whereas, in the absence of objections to the 
measures, they become binding on 10 May 1993 under Article  IX  (6) of the 
convention; 

(-1)  QJ N" l. :*H9 ot 31.12.1992, p-1 
(2) 

OT N° T.  9M2 of 5,9.1981, p. 26 

Whereas the members of the OCAMLR stated that they  intended to açply 
these  conservation  weeaures on  a  provisional  basis, without  waiting 
until they  became  binding, in view of the  fact that certain of the 
conservation measures relate to fishing seasons which ccwraenoed on or 
after 1 July 1992; 

Whereas, therefore, the necessary provisions should now be laid down to 
ensure that the œiiservation aeasures adopted by the OCS&LR are applied 
to Ocummity fishermen wit±i effect from the relevant dates; 

Whereas, pursuant to Article 4 of Regulation (EEC) N° 3760/92, it is for 
the  Oouncil  to  establish  measures  for  each  fishery  or  group  of 
fisheries; 

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 f1), as amenripd by Regulation (EEC) N° 3483/88 (2) ; 

Whereas Council Regulation  (EEC) Np  2245/85 of 2 August  1985 laying 
down  certain technical measures for the conservation of fish stocks in 
the Antarctic(3), as last amended by Regulation  (EEC) N°  2004/92(4), 
should be amended accordingly, 

HAS ADOPTED ÎHIS RH57T ATTON: 

Article 1 

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

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

(1) 
(2) 
O) 
(4) 

OJ  N°  L  207  of  2 9 . 7 . 1 9 8 7,  p. 
OJ  N°  L  306  of  1 1 . 1 1 . 1 9 8 8,  p.  2 
ÔJ  H°  f.  210  of  7 . 8 . 1 9 3 5,  p..2 
CX7  N"  L  203  of  2 1 . 7 . 1 9 9 2,  p. 

I 

i 

l»rohibition on fishing  (*) 

1. 

Directed  fishing  for  auwipsocephalus  gunnari,  Patagonotothen 
brevicauda guntheri, Notothenia rossii, Notothenia gibberifrons, 
Chaenocephalus  aceratus,  Pseudochaenichthys  georgianus  and 
Notothenia  squamifrons  in  FAO  Antarctic  sub-area  48.3  (South 
Georgia) shall be prohibited for two years from 6 November 1992, 
except for scientific research purposes. 

2. 

Directed fishing for finfish in FAO Antarctic sub-areas 48.1 and 
48.2  shall  be  prohibited  in  the  1992/93  season  except  for 
scientific research purposes. 

Article 

2a 

Catch limitations (*) 

1.  The total catch of Electrona carlsbergi in the period 6 November 
1992 to 5 November 1993 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  a  line  joining  the 
following points; 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  and  Chaenocephalus  aceratus  shall  be 
limited to  1 470 tonnes and 2 200 tonnes respectively. 

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 
reach 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 the total catches of Electrona carlsbergi reach 
53 000 tonnes, whichever happens first. 

5i.  Catches of Dissostichus Eleginoides taken  in the FÂO Antarctic 
sub-area 48.3  in the period 6 December 1992 to 5 November 1993 
shall be limited to a TAC of 3 350 tonnes. 

(,.  Catches of Huptvnisia supeHM taken in FAO Antarctic Area 48 shall 
tx> lirai toi to  1.5 million tonnes  in the period  1 July  1992 to 
30 June 1«)93. 

7.  Catches of  Oiampsocepha lus gunnari  taken  in FAO Antarctic sub-
area 48.3 in the period 6 November 1992 to 31 March 1993 shall.be 
limited to 9 200 tonnes. Directed fisheries for the species are 
prohibited in the period 1 April to 5 November 1993. 

8.  Catches of Notothenia squamifrons in FAO Antarctic division 58.4.4 
(Ob and Iena Banks) in the two year period from 6 November 1992 
shall be limited to a TAC of 1 150 tonnes, of which a maximum of 
715 tonnes may be taken on Lena Bank and 435 tonnes on Ob Bank. 

9.  The date on which the catches taken by Community vessels or the 
other  vessels  concerned  are  deemed  to  have  exhausted  the  TAC 
specified  in paragraphs 1 to 8 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. 

10.  With  effect  from  the  date  fixed  pursuant  to  paragraph  9_, 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 tliat date. 

Ai-ticle 

2b 

Catch reports(*) 

Chaenocephaliis  aceratus, 

1.  Catches  of  Patagonotothen  brevicauda  guntheri,  Champsocephalus 
gunnari, Dissosthicus Elegenoides, Notothenia rossii, Notothenia 
gibberifrons, 
Pseudochaenichthys 
georgianus, Electrona carlsbergi  in FAO Antarctic sub-area 48.3 
and  Euphasia  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. 

2.  Total  catches,  broken  down  by  vessels,  which  were  made  by 
Community vessels in the period between 1 July 1992 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 œno^rned  are registered  or whose  flag they 
fly. 

(*) 

The  FAO  zones  mentioned  in  this  Regulation  are  defined  in 
Commission  communication  85/C335/02,  (OJ  N°  C335,  24.12.1985, 
p. 2) 

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. 

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  OCAMLR  of  the total catches made  by  the Cornniunity 
vessels in the preceding reporting period." 

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  ttoe  Oouracil 
The  P r e s i d e nt 

. . .. 

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