Proposal for a COUNCIL REGULATION (EC) laying down certain conservation and control measures applicable to fishing activities in the Antarctic
Date: 1995-10-17
Institutions: European Commission
Subjects: authorised catch, conservation of fish stocks, crustacean, exchange of information, fishing controls, fishing regulations

it 

* 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  17.10.1995 
COM(95) 475 final 

95/0252 (CNS) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

laying  down  certain  conservation  and  control  measures  applicable  to 

fishing  activities  in  the  Antarctic 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

On  8  November  1994  the  Commission  for  the  Conservation  of  the  Antarctic  Marine  Living 

Resources  (CCAMLR)  notified  Contracting  Parties  of  the  conservation  measures  adopted  at 

the  1994  Annual  Meeting  held  in  Hobart  in  the  period  of  26  October  to  4  November  1994 

and  pursuant  to  Article  IX  (6)  (b)  of  the  Convention  these  measures  have  become  binding  on 

all  Contracting  Parties  on  8  May  1995. 

These  conservation  measures  are  based  on  the  scientific  advice  submitted  by  CCAMLR's 

Scientific  Committee  and  reflect  conservation  measures adopted by  CCAMLR  in the past. The 

measures  concern  essentially  FAO  Antarctic  sub-area  48.3  where  the  major  concentration  of 

stocks  exist. 

They  involve  in  particular  the  fixing  of TACS  for  the species  Euphasia superba,  Dissostichus 

eleginoides,  Champsochephalus  Gunnari,  Electrona  carlsbergi,  Notothenia  squamifrons  and 

crab.  In  addition,  they  involve  measures  related  to  the  prohibition  on  directed  fisheries  for 

certain  stocks,  the  catch  reporting  systems  and  other  technical  measures. 

The  conservation  measures  adopted  by  CCAMLR  since  1985  have  resulted  in  annual 

modifications  of  Regulation  2245/85. 

In  view  of  the  number  and  frequency  of  the 

modifications,  the  clarity  of  the  original  text  has  been  diminished. 

The  purpose  of  this  regulation  therefore  is  primarily  to  consolidate  in  one  legal  text 

CCAMLR's  conservation  measures  currently  in  force,  including  those  adopted  at  the  1994 

Annual  Meeting,  and  thereby  replace  the  original  Regulation  2245/85. 

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

conservation  measures  for  the  fish  stocks  concerned,  the  Community  is called  upon  to  apply 

these  measures  immediately. 

n 

COUNCIL REGULATION  (EC) No 

OF 

1995 

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,  and  in  particular 
Article 43, 

Having  regard  to the proposal  from  the Commission(,) 

Having  regard  to the opinion  of  the European  Parliament®, 

Whereas pursuant  to Article 4 of  Council  Regulation  (EEC)  N°  3760/92 of 
20 December  1992e0,  establishing  a Community  system  for  fisheries  and  aquaculture,  the 
Council  may determine certain  conditions  for  access by  Community  fishing  vessels to 
waters and  resources; 

Whereas  Council  Regulation  (EEC)  N°  2847/93 of  12 October  1993(4) establishing  a 
control  system  applicable to the common  fisheries  policy,  applies  to all  fishing  activities 
and  to all associated  activities carried  out within  the territory  and  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  on  the Conservation  of  Antarctic  Marine  Living  Resources, 
hereinafter  called  'the Convention',  was approved  by Council  decision  81/691/EEC(5) 
wheras  it entered  into force  for  the Community  on 21 May  1982; 

Whereas  the Commission  on  the Conservation  of  Antarctic  Marine  Living  Resources, 
hereinafter  referred  to as  'CCAMLR',  established  by the Convention,  adopted  on  the 
recommendation  of its Scientific  Committee,  certain  conservation  measures  applicable,  in 
particular,  to fish  stocks occuring  in  the waters off  South  Georgia. 

<»> 

® 

o.J 

o.J 

(3)  O.J. No L 389, 31.12.92, p. 1 

(4)  O.J. No L 261, 20.10.93, p. 1 

(5)  O. J.  No L 252,  5.9.81,  p.  26 

Whereas  (EEC)  Council  Regulation  2245/85, of 2  August  1985(6),  laying  down  certain 
technical  measures  for  the conservation  of fish stocks  in  the  Antarctic  has implemented 
these conservation  measures  and  has been  subject  to annual  modifications  which  have 
affected  the clarity  of  the  legislation; 

Whereas  it  is therefore  necessary  to replace Regulation  2245/85  with  a new  regulation 
reflecting  CCAMLR  conservation  measures currently  in  force. 

Whereas  the  members of  CCAMLR  stated  that they  intended  to apply  the latest 
conservation  measures,  adopted  on  8 November  1994, 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  commenced  on  or  after  1  July  1994; 

Whereas  the European  Community,  as a Contracting  party  to CCAMLR,  is bound  to 
ensure that the  measures adopted  by CCAMLR  are applied  to Community  fishermen  with 
effect  from  relevant dates; 

Whereas  it  is necessary  to provide  for  a  mechanism  allowing  the Council  to implement 
further  conservation  measures adopted  by CCAMLR  on a  proposal  from  the Commission 
with  a simplified  procedure; 

HAS ADOPTED THIS  REGULATION: 

(6)  O.J.  No L 210, 07.08.85,  p.  2 

Scope 

Article 1 

1.  This  Regulation  applies  to  Community  fishermen  who  take  and  retain  on  board  fish 
from  marine  living  resources  of  the area  south  of  60° south  latitude  and  of  the  area 
between  that latitude and  the Antarctic convergence which  forms  part of the Antarctic 
marine ecosystem with the exception of  those resources occurring within 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 along parallels of latitude and meridians of longitude: 50°S, O - 50°S, 
30°E-  45° S,  30°  E  -  45°  S,  80°E  -  55°S,  80°E  -  55°S,  150° E  -  60°S,  150°E 
-  60°S,  50°W  -  50°S,  50°W  -  50°S,  0 °. 

Right  to Fish 

Article 2 

Only  those  fishing  vessels  named  in  the list  mentioned  in  paragraph  2  shall  have  the 
right  to carry  out fishing  or  scientific  research  activities  in the area defined  in  Article 
1. 

Member  States shall notify  to the Commission the list of all  fishing  vessels flying their 
flag  and  registered  in  their  territory  which  wish  to  carry  out  fishing  or  scientific 
research activities in the area defined  in Article  1, twenty days after  this Regulation has 
entered  into  force,  and  afterwards  at  least  thirty  days  in  advance  of  the beginning  of 
these activities. 

This list, transmitted to the Commission shall mention the internal number fleet register 
in  accordance  with  the  Article  1 of  the  Commission  Regulation  (CE)  n°  109/94  of 
19 January  1994<7) concerning  the fishing  vessel  register  of  the  Community. 

Article 3 

Only  one  Community  fishing  vessel  subject  to  a  special  fishing  permit  issued  in 
accordance  with  the  provisions  defined  in  Article  7  of  the  Council  Regulation  (EC) 
No  1627/94  of  27 June  1994  (8),  laying  down  general  provisions  concerning  special 
fishing  permit,  can  participate  in  the crab  fishery  in  FAO  Antarctic  sub-area  48.3. 

Member States shall notify,  six months in advance, the Commission  of the intention of 
their fishermen to prosecute  such a fishery. 

a)  O.J.  N°  L19,  22.01.94,  p.  5 

(8)  O.J.  N°  L  171, 06.07.94,  p.  7 

Prohibition  on  fishing 

Article 4 

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  is prohibited. 

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  Notothenia  gibberifrons,  Chaenocephalus  aceratus, 

Pseudochaenichthys georgianus,  Notothenia squamifrons and Patagonotothen guntheri, 
in  FAO Antarctic  sub-area  48.3 is prohibited  until  1 November  1996. 

4.  Directed  fishing  of  Champsochephlus  gunnari  in  FAO  Antarctic  sub-area  48.3  is 

prohibited  until  3 November  1995. 

Catch  limitations 

Article 5 

1.  The Total  Allowable Catch (TAC) of  Euphausia superba in any fishing season is  fixed 

at: 

a)  1.5  million  tonnes in FAO statistical  area  48 
b)  390 000 tonnes in  FAO Antarctic  division  58.4.2 

A  fishing  season  is  defined  as  beginning  on  1 July  and  finishing  on  30  June  of  the 
following  year. 

2.  The Total  Allowable Catch  (TAC)  of  Dissostichus eleginoides is fixed at: 

a) 2 800 tonnes, in FAO Antarctic sub-area 48.3 for the period  1  March to 31 
August  1995. 
b) 28 tonnes in the FAO Antarctic  sub-area 48.4  in the period  15 December 
1994 to 3 November  1995. 
c) 297 tonnes,  in FAO  Antarctic division  58.5.2  in any  fishing  season. 

The  fishing  season  is defined  from  5 November  1994 until  30 June  1995. 

3.  The Total  Allowable Catch (TAC)of  Champsocephalus gunnari is fixed in any  fishing 

season  at: 

-  311 tonnes in FAO Antarctic division  58.5.2. 

The  fishing  season  is defined  from  5 November  1994  until  30 June  1995. 

4.  The Total Allowable Catch (TAC) of Crab (Decapoda, suborder Reptanria),  is fixed at: 

-  1 600  tonnes  in  FAO  Antarctic  sub-area  48.3  during  the  1994/95 fishing 
season. 

5.  The Total  Allowable  Catch  of Electrona  carlsbergi is fixed at: 

a) 200 000 tonnes in FAO Antarctic sub-area 48.3  from  5 November  1994 to 
3  November  1995. 
b) 43 000 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.,  for 
the  1994/1995  season. 

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  6 
below  exceeds  the fixed  limits. 

If in the course of the directed fishery  for Electrona carlsbergi, the by-catch of any one 
haul of any of the species named  in paragraph  6 below exceeds 5 %,  the fishing  vessel 
shall  move to another fishing ground  within  the  sub-area. 

6. 

In  the  course  of  fishing  in  FAO  Antarctic  sub-area  48.3,  by-catches  of  Notothenia 
gibberrifrons shall be limited to  1  470 tonnes;  by-catches of  Chaenocephalus aceratus 
shall be  limited to 2 200  tonnes; and the by-catch of  Pseudochaenichthys georgianus, 
Notothenia  rossii and Notothenia squamifrons  shall be limited  to 300 tonnes each. 

7.  The  Total  Allowable  Catch  (TAC)  of Notothenia squamifrons in  the  two-year  period 
from  5 November  1994 to 1  November  1996 in FAO Antarctic division 58.4.4 (Ob and 
Lena Banks)  is fixed at: 

715 tonnes on  Lena Bank and 435 tonnes on  Ob Bank. 

8.  Catches of  any of  the above species taken  by a Community  vessel  for  scientific 

research  purposes  will  be considered  as part of  the catch  limitations  in  force  for  each 
species  taken,  as described  in  the above paragraphs. 

Article 6 

1.  The fishery of Dissostichus eleginoides in FAO 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.  In the case of Paralomis spinosissima and  P. formosa,  males 
with a minimum carapace width of  102 mm and 90  mm respectively,  may be retained 
on  board. 

Control  Measures 

Article  7 

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. 

For the purposes of the Ten-day Catch and Effort  Reporting System, the calendar month 
is divided  into three reporting  periods,  designated  by  the letters  A,  B,  C and  running 
form  day  1  to  day  10,  day  11  to  day  20,  day  21  to  the  last  day  of  the  month 
respectively. 

For the purposes of reporting the catches under 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 
respective  month. 

1.  The  Five-day  Catch  and  Effort  Reporting  system  applies to: 

Article 8 

- 

the fishery  of Dissostichus eleginoides  in  FAO Antartcic sub-area  48.3 and  48.4; 

- 

the  fisheries  of  Champsocephalus  gunnari  and  Dissostichus eleginoides  in  FAO 
Antarctic division  58.5.2; 

2.  The  Ten-day  Catch  and  Effort  report  system  applies  to  the  fishery  crab (Decapoda, 
suborder reptania) in  FAO  Antarctic  sub-area  48.3.  Data  on  catches  taken  between 
31 July  and  31 August  shall be reported  to the Commission  by  15 September  of each 
year. 

3.  The Monthly  Catch  Reporting  system,  applies  to the fishery  for  Electrona  Carlsbergi 

in  FAO Antarctic  sub-area 48.3 and in  the Shag Rocks Region. 

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  5 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 
respective reporting  period. 

2.  Member  States  shall  notify  the  Commission  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 their territory.  Each catch and effort  report shall specify  the 
reporting  period  concerned. 

3.  The Commission  shall  notify  to CCAMLR,  at the latest  within five days after  the end 
of  each  reporting period,  the catch  and  effort  reports  received  in accordance  with  the 
paragraph  2. 

Article 10 

The Catch and Effort  Reporting  system  shall contain  the following  information: 

the name, 
the external  identification  mark of  the vessel  in question, 
the total catches of the species concerned, 
the total days and hours fished, 

during the preceding  reporting period. 

Article 11 

Member  States  shall  notify  to the Commission  the  total catches,  broken  down  by vessels, 
which were made by fishing vessels flying its flag and registered in its territory, in the period 
between  1 July  1994  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. 

Biological  Data Reporting  System 

Article 12 

1.  Community  vessels fishing Dissostichus eleginoides  and  Electrona carlsbergi shall 
notify  to the competent authority of the Member State whose flag they fly, and 
registered  in its territory,  not later than the  15th of each month, an Effort and 
Biological  Data Reporting system. 

2. 

Pursuant to this notification,  Member States shall transmit this information  to the 
Commission at the end of each month. The Commission  shall  transmit these data to 
CCAMLR  not later than the end of the following  month. 

3.  The information  contained in the Effort and Biological  Data reporting System shall 

include the following: 

-the haul by-haul data required  to complete the CCAMLR fine-scale catch and 
effort  data form  for longline  fisheries.  These data shall  include the numbers of 
seabirds or marine mammals of each species caught and released or killed, 
-a representative sample on length composition  measurements from  the fishery. 

Suspension  of  Fishing  Activities 

Article 13 

Following  notification  from 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 tranship or to land fish taken after that 
date. 

10 

Mesh  Sizes 

Article 14 

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  2,  shall  be  used  or  hauled  when  engaging  in 
direct  fishing  for  the  species  or  groups  of  species  Notothenia  rossii, Dissostichus 
eleginoides, Notothenia gibberifrons, Notothenia kempi,  Notothenia squamifrons  and 
Champsochephalus gunnari. 

2. 

For  the nets referred  to in the above paragraph,  the minimum  mesh  size provided  for 
in  Annex  2 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  and  capable  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.  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 diagonal  of  the meshes. 
(b)  A gauge as described in point  1  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. 

(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 

The  size  of  each  mesh  shall  be  the  width  of  the  gauge  at  the  point  where  the 

11 

gauge is stopped  when  it  is 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 specified  in  point  F below. 

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) 
below,  this shall be the mesh  size of  the net. 
If the skipper 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. 

(b) 

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 force of  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. 

3.  The  measures applicable to reduce the incidental  mortality  of  seabirds during  longline 

fisheries  are  set out  in  Annex 3. 

12 

Notification  of  a New  Fishery 

Article 15 

1.  For the purposes of this Article a new fishery is a fishery on a species using a particular 

fishing  method in a statistical  sub-area for which: 

(a) 

(b) 
(c) 

information  on distribution,  abundance,  demography,  potential yield and stock 
identity  from  comprehensive  research/surveys  or exploratory  fishing  have not 
been submitted to CCAMLR; or 
catch and effort  data have never been submitted to CCAMLR; or 
catch and effort data from the two most recent seasons in which fishing occurred 
have not been submitted to CCAMLR. 

2.  The exercise of a new fisheries  in the CCAMLR Convention  Area shall be prohibited 

whenever  it has not been authorised 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 and in whose territory it is registered of that intention and shall submit 
to those authorities the information  defined  in paragraph 4 to the best of his ability. 

4.  A Member State who has been informed  of  the intention  to develop a new  fishery  in 
CCAMLR  Convention  Area with vessels flying its flag and 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) 

(b) 

(c) 

(d) 

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; 
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  it has at-
its disposal. 

6.  As soon  as CCAMLR  has taken  a decision,  the new  fishery  shall be  authorised: 

by the Commission,  in case CCAMLR  has not adopted  any conservation  measures 
with  regard  to the new  fishery,  or, 

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

in all other  cases. 

13 

Exploratory  Fisheries 

Article 16 

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) 

(b) 
(c) 

to evaluate the distribution, abundance and demography of the targeted species, leading 
to an estimate of  the fishery's  potential  yield, 
to review  the fishery's  potential  impacts on dependent and  related  species, and 
to  allow  CCAMLR's  Scientific  Committee  to  formulate  and  provide  advice  on 
appropriate  harvest  catch  levels,  as  well  as  effort  levels  and  fishing  gear  where 
appropriate. 

The information  to be submitted  for  an exploratory  fishery  is set out  in  Annex 4. 

Application  of  Conservation  Measures to Scientific  Research 

Article 17 

1.  Masters of  Community vessels intending to conduct research  when the estimated catch 
is expected  to  be  less  than  50  tonnes,  shall  submit  to  the competent  authority  of  the 
Member  State whose flag they fly and  registred  in  its territory  the following  data: 

-  name and  external  identification  mark of vessel 
-  division  and  subarea  in which  research  is to be carried  out 
-  estimated  dates of entering  and  leaving  CCAMLR  Convention  Area 
-  purpose  of  research 
-  fishing  equipment  likely  to be used 

The Member State shall forward  this information  to the Commission, which will in turn 
duly  inform  CCAMLR. 

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.  Masters of Community vessels intending to conduct research  where the estimated  total 
catch  is expected  to be more than 50 tonnes,  shall submit to the competent  authorities 
of  the flag Member  State the research  plans  using  the form  provided  by  CCAMLR. 
The  Member  State will  forward  the  plans to  the  Commission  which  will  duly  submit 
them to CCAMLR for review.  Until the review process is completed by CCAMLR and 
until  the Commission  has duly  notified  the Member  States  in question  of  CCAMLR's 
decision,  the planned  fishing  for  research  purposes  shall  not  proceed. 

4.  A summary  of the results of any research  subject  to these provisions  shall  be provided 
by  the  Member  State  to  the  Commission  v/ithin  120  days  of  the  completion  of  the 
research  fisheries.  A full  report of  the results of the research  shall  be provided  within 
ten months. The Commission wiil submit to CCAMLR the summary within 60 days and 
the final report  within  2 months  from  the date of  receipt,  respectively. 

14 

Annex  1 fixes the rules for  the Experimental  Harvest  Regime for  the Crab  Fishery  in  FAO 
Antarctic sub-area 48.3 for the seasons  1993-94 to  1995-96, and the authorised fishing areas. 

Article 18 

Article 19 

Community fishing vessels shall have a scientific observer on board when the said vessels are 
engaged  in a fishery for  Notothenia squamifrons, in  statistical  FAO  sub-area  58.4.4  in the 
1995-96 fishing  season. 

Article 20 

Provisions  relating to the reduction  in use of  plastic Packaging  Bands. 

The use by  fishing  vessels of plastic packaging  bands to secure bait boxes  shall be 
prohibited  from  the  1995/1996 season.  The use of packaging  bands  for  other  purposes on 
fishing  vessels  which  do not  use on-board  incinerators  shall  be prohibited  from  the 
1996/1997  season. 

Article 21 

The changes  to this  Regulation  necessary  to implement  the recommendations  adopted  by 
CCAMLR  shall be  made by the Council deciding  by qualified  majority  on a proposal by 
the  Commission. 

Regulation  (EEC)  No 2245/85  is repealed. 

Article 22 

Article 23 

This Regulation  shall  enter  into force  on  the seventh  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 Brussels, 

For the Council 
The  President 

15 

ANNEX 1 

Experimental Harvest Regime for the Crab Fishery  in 
FAO Antarctic sub-area 48.3 for Seasons  1993/94 to  1995/96 

The following  measures apply to all crab fishing  within FAO Antarctic sub-area 48.3 for  the 
1993/94,  1994/95 and  1995/96 fishing  seasons. Every vessel participating in the crab  fishery 
in Subarea 48.3 shall conduct fishing  operations in accordance with an experimental  fishing 
regime as outlined  bellow: 

1.  The experimental  regime shall consist of three phases. Each vessel participating  in the 
fishery  shall  complete  all  three  phases.  Phase  1 shall  be  conducted  during  the  first 
season  that a  vessel participates  in  the experimental  regime.  Phases  2  and  3  shall  be 
completed  in the next season  of  fishing. 

2.  Vessels shall conduct Phase 1 of the experimental regime at the start of their first season 
of participation in the experimental regime. For the purposes of  Phase 1, the following 
conditions  shall apply: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

(vi) 

Phase  1 shall be defined  as a vessel's first  200 000 pot hours of  effort 
at the start of its first  fishing  season. 

Every  vessel  conducting  Phase  1 shall  expend  its  first  200 000  pot 
hours of effort  within a total area delineated by twelve 0,5° latitude by 
1° longitude blocks.  For  the purposes  of  this  Conservation  Measure, 
these blocks shall be numbered A through  L. The blocks are illustrated 
in  Figure  1, and  the northeast  corner  of each  block  is listed  in Table 
1  of  Annex  75/A.  For  each  string,  pot  hours  shall  be  calculated  by 
taking  the  total  number  of  pots  on  the  string  and  multiplying  by  the 
soak time (in hours)  for  that string. 

Vessels  shall  not  fish  outside  the  area  delineated  by  the  twelve  0.5° 
latitude by  1 ° longitude blocks prior  to completing  Phase  1. 

During Phase  1, vessels shall not expend  more than 30 000 pot hours 
in any  single 0.5°  latitude by  1° longitude block. 

If a vessel returns to port before it has expended 200 000 pot hours in 
Phase  1, the balance of remaining pot hours shall be expended  before 
the vessel can  consider  Phase  °  to be completed. 

After  completing  200 000 pot  hours of  experimental  fishing,  vessels 
shall  consider  Phase  1 to  be  completed  and  commence  fishing  in  a 
normal  fashion. 

3.  Normal fishing operations shall be conducted in accordance with the regulations set out 

in  Conservation  Measure 74/XII. 

16 

For  the  purposes  of  implementing  normal  fishing  operations  after  Phase  1 of  the 
experimental  regimen,  the  10 day catch and effort  reporting  system  set out  in  Article 
7.2  shall  apply. 

Vessels  shall  conduct  Phase 2 of  the experimental  regime  at  the  start  of  their  second 
season  of  participation  in  the experimental  regime.  For  the purposes  of  Phase 2,  the 
following  conditions  shall  apply: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

(vi) 

Every  vessel  conducting  Phase  2  shall  fish  in  three  small  squares 
measuring  approximately  26  square  nautical  miles  in  area  (the 
dimensions  of  these  squares  shall  be  6°  latitude  by  7.5°  longitude). 
These  squares  shall  be subdivisions  of  the blocks delineated  in  Phase 
1  of  the  experimental  regime  and  numbered  Al  through  L40.  The 
squares  are  illustrated  in  Figure  2  and  the  northeast  corner  of  each 
square is listed  in Table 2 of  Annex  75/A. 

Vessels shall fish continuously  (except in emergencies or  foul  weather 
conditions)  within  a  single square  until  the average  catch  per  pot has 
been reduced to 25 percent or less of its initial value and then continue 
fishing  for  an additional  7 500 pot  hours.  No more than  50 000 total 
pot hours shall be expended each square. For the purposes of Phase 2, 
the  initial  catch  rate  for  a  particular  square  shall  be  defined  as  the 
average  catch  per  pot  calculated  from  the first five sets  made in  that 
square.  Soak times  for  these initial  sets shall be at least 24 hours. 

Vessels shall finish  fishing  in one square before  starting operations in 
another  square. 

Vessels shall attempt  to distribute effort  throughout  the entire  square 
and  not fish the gear  in  the same location  on every  set. 

Vessel  captains  shall  decide  which  three  squares  will  be  fished,  but 
selected  squares  may  not be contiguous. 

After  completing  fishing  operations in the third  square,  fishing  vessels 
shall  consider  Phase  2  to  be  completed  and  commence  fishing  in  a 
normal  fashion. 

For  the  purposes  of  implementing  normal  fishing  operations  after  Phase  2  of  the 
experimental  regime,  the  10-day  catch  and  effort  reporting  system  shall  apply. 

Vessels  shall  conduct  Phase  3 of  the experimental  regime  at  the  end  of  their  second 
season  of  participation  in  the experimental  regime.  For  the purposes  of  Phase  3,  the 
following  conditions  shall apply: 

(i) 

A vessel  shall  begin  conducting  Phase  3  of  the  experimental  regime 
approximately  one week  prior  to the conclusion  of  its  second  fishing 
season. A vessel's fishing season shall be concluded if the vessel leaves 
the fishery voluntarily  or  if the fishery  is closed  because the TAC has 
been  attained. 

17 

(ii) 

(iii) 

(iv) 

If a vessel captain voluntarily concludes fishing  operations,  the vessel 
shall begin implementing Phase 3 approximately one week prior to the 
conclusion  of  its fishing operations. 

CCAMLR  shall notify  (according to the guidelines  set out in ten-day 
Catch  and  Effort  Reporting  system)  all  Contracting  Parties  that are 
conducting  operations  in their  second  experimental  fishing  season to 
begin Phase 3 when approximately one week remains before the TAC 
is attained and the fishery  is closed. 

To conduct Phase 3,  every  vessel  shall  return  to the three  squares it 
depleted  during  Phase  2  of  the  experimental  regime  and  expend 
between  10 000 and  15 000 pot hours of effort  in each square. 

8.  To facilitate analysis of data collected  during Phases 2 and 3,  vessels  shall  report the 
number  (Al  trough  L40)  of  the  square  where  fishing  occurred,  date,  fishing  effort 
(number and spacing of pots and soack time), and catch (numbers and weight) for each 
haul. 

9.  Data collected during the experimental  regimen shall be submitted to CCAMLR by 31 

August of  the prevailing split-year. 

10.  Vessels that complete all three phases of the experimental regime shall not be required 
to conduct experimental  fishing  in future seasons.  However,  these vessels  shall abide 
by the guidelines  set forth in Conservation  Measure 74/XII. 

11.  Fishing vessels shall participate in the experiment independently  (e.g.  vessels may not 

cooperate to complete phases of the experiment). 

12.  Crabs captured during the experimental regime shall be considered part of the prevailing 

TAC  for  the current  fishing  season  (e.g.  for  1993/94,  experimental  catches  shall  be 
considered part of  the  1 600 tonnes TAC outlined in Conservation  Measure 74/XII). 

13.  The experimental  regime shall be instituted  for a period of  three split-years  (1993/94 
to  1995/96),  and the details of the regime may be revised by the Commission during 
this period of time. Fishing vessels that begin experimental fishing in the 1995/96 split-
year must complete the regime during  1996/97 split-year. 

18 

ANNEX 2 

Minimum  mesh size  provided  for  in  Article  14 

Species 

Type of  net 

Notothenia  rossii 
Dissostichus eleginoides 
Notothenia  gibberifrons 
Notothenia  kempi 
Notothenia  squamifrons 
Champsocephlus  gunnari 

Trawls,  Danish  seines and  similar  nets 
Trawls,  Danish  seines and  similar  nets 
Trawls,  Danish  seines and  similar  nets 
Trawls,  Danish  seines and  similar  nets 
Trawls,  Danish  seines and  similar  nets 
Trawls,  Danish  seines and  similar  nets 

Minimum 
mesh  size 

120 mm 
120 mm 
80 mm 
80 mm 
80 mm 
80 mm 

19 

ANNEX 3 

Measures to Reduce the  Incidental  Mortality  of Seabirds  during  Longline  Fishing: 

a. 

b. 

c. 

d. 

Fishing operations  shall be conducted  in  such a way that  the baited  hook  sink as soon 
as possible after  they  are put in the water.  Only  thawed bait  shall  be used. 

Longlines  shall  be  set at  night  only  (between  the times  of  nautical  twilight).  During 
longline fishing  at night,  only the minimum  ship's lights necessary  for  safety  shall be 
used. 

Trash  and  offal  should  not  be  dumped  while  longlines  are  being  set  or  hauled; 
if 
discharge of offal  is unavoidable, this discharge shall take place as far as possible and/or 
on the opposite side of the vessel from  the area of the vessel  where longlines are set or 
hauled. 

Every  effort  should  be  made to ensure  that birds captured  alive during  longlining  are 
released  alive and  that wherever  possible hooks aie removed  without jeopardising  the 
life  of  the bird  concerned. 

e.  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  of 
deployment is given in the Appendix to this measure. Details of the construction relating 
to  the  number  and  placement  of  swivels  may  be  varied  so  long  as  the  effective  sea 
surface  covered 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 be varied. 
Appendix  follows. 

f.  The use of net monitor cables on harvesting vessels in the CCAMLR Convention Area 

is prohibited  from the  1994/1995 fishing  season. 

20 

Appendix  to  ANNEX  3 

The  streamer  line  is  to  be  suspended  at  the  stern  from  a  point  approximately  4.5  m 
above  the water  and  such  that  the line  is directly  above  the  point  where  the  bans  hit  the 
water. 

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  the  ship  even  in  cross  winds. 

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  to  approximately  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  of attachment  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. 

Towing point 

Swivel 

Streamers 

Streamer line 

Weight or other device 
for creating tension 

11 

Information 

to  be submitted  for  an  Exploratory  Fishery: 

ANNEX 4 

1.  To  ensure  that  adequate  information  is  made  available  to  CCAMLR's  Scientific 
Committee  for  evaluation,  during  the period  when  a fishery  is classified  as exploratory: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

(vi) 

(vii) 

(viii) 

the Scientific  Committee shall 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  the exploratory  fishery. 

each  Member  active in  the fishery  shall annually  by the (specified  date)  submit  to 
CCAMLR the data specified by the Data Collection Plan developed by the Scientific 
Committee; 

each  Member  active  in  the  fishery  or  intending  to  authorize  a  vessel  to  enter  the 
fishery  shall  annually  prepare  and  submit  to  CCAMLR  by  a  specified  date  a 
Research  and  Fishery  Operations  Plan  for  review by  the Scientific  Committee and 
the  Commission. 

prior  to any  Member  authorising  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 of the Commission, and the Member 
shall  not enter  the exploratory  fishery  until  the conclusion  of  that  meeting. 

if  the  data  specified  in  the  Data  Collection  Plan  have  not  been  submitted  to 
for  the  most  recent  season  in  which  fishing  occurred,  continued 
CCAMLR 
exploratory fishing by the Member which failed  to report its data shall be prohibited 
until  the  relevant  data  have  been  submitted  to  CCAMLR  and  the  Scientific 
Committee has been  allowed  an opportunity  to review  the data; 

fishing  capacity  and effort  shall be limited by a precautionary  catch  limit at a level 
not substantially above the necessary to obtain the information  specified  in the Data 
Collection  Plan and  required  to make the evaluations  outlined  Article  16. 

the  name,  type,  size,  registration  number  and  radio  call  sign  of  each  vessel 
participating  in  the  exploratory  fishery  shall  be  registered  with  the  CCAMLR 
Secretariat  at least  three  months in advance of  starting  each  fishing  season; and 

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  Collection 
Plan  and  to assist  in collecting biological  and  other  relevant  data. 

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  to undertake  the evaluations  described in 
Article  16  and  the  date  by  which  the  agreed  data  is  to  be  annually 
reported  to CCAMLR 

22 

(ii) 

(iii) 

a  plan  for  directing  fishing  effort  during  the  exploratory  phase  to 
permit the acquisition  of relevant data to evaluate the fishery  potential 
and  the  ecological  relationships  among  harvested,  dependent,  and 
related  populations  and  the likelihood  of  adverse  impacts; and 

an evaluation  of the time-scales involved  in determining  the responses 
to 
and 
of 
fishing  activities. 

harvested,dependent 

populations 

related 

Research  and  Fisheries  Operations  Plan  to  be  prepared  by  Members  participating  or 
intending to participate in the exploratory fishery  shall include as  much of the following 
information  as the Member  is able to provide: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

a description of how the Member's activities will comply with the Data 
Collection  Plan  developed  by the Scientific  Committee 

the nature of the exploratory fishery,  including target species, methods 
of  fishing,  proposed  region  and  maximum  catch  levels  proposed  for 
the forthcoming  season 

biological  information  from  comprehensive  research/survey  cruises, 
such as distribution, abundance, demographic data, and information on 
stock  identity; 

details  of  dependent  and  related  species  and  the  likelihood  of  them 
being affected  by the proposed  fishery;  and 

information  from  other  fisheries  in  the  region  or  similar  fisheries 
elsewhere  that  may assist  in  the evaluation  of  potential  yield. 

23 

ISSN 0254-1475 

COM(95) 475  final 

DOCUMENTS 

EN 

03  11 

Catalogue Cumber  : CB-CO-95-518-EN-C 

ISBN 92-77-94303-3 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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