Amended proposal for a COUNCIL REGULATION (EC) laying down certain conservation and control measures applicable to fishing activities in the Antarctic
Date: 1996-03-28
Institutions: European Commission
Subjects: Antarctic Ocean, authorised catch, conservation of fish stocks, exchange of information, fishing controls

COMMISSION  OF  THE bUROPEAN  COMMUNITIES 

Brussels,  28.03.1996 
COM(96>  117 final 

95/0252 (CNS) 

Amended  proposal  for  a 

COUNCIL REGULATION  (EC) 

laying  down  certain  conservation  and  control  measures 
applicable  to fishing activities  in  the  Antarctic 

(presented  by the Commission  pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

The  proposal  for  the  regulation  COM  (95)  0475,  regarding  the  fishing  activities  in  the 
CCAMLR  Convention  Area  was  submitted  to  Council  on  17 October  1995.  The  purpose  of 
this  proposal  was  to  revise  the  conservation  measures  currently  in  force,  including  those 
adopted  at  the  1994  Annual  Meeting  and  thereby  replace  regulation  2245/85,  the  clarity  of 
which  had  been  affected  by  numerous  annual  modifications. 

In  the  meantime,  the  1995  Annual  Meeting  of  the  Commission  for  the  Conservation  of  the 
Antarctic  Marine  Living  Resources  (CCAMLR)  took  place  in  Hobart  in  the  period  of  24 
October  to  3 November  1995.  On  7 November  1995, CCAMLR  notified  Contracting  Parties 
of  the  conservation  measures  adopted  at  this  Meeting.  Pursuant  to  Article  IX  (6)  (b)  of  the 
Convention  these  measures  have become  binding  on  all  Contracting  Parties  on  May  7  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. 
They  involve  in  particular  the  fixing  of  TACs  for  the  species  of  Euphausia  superba, 
Dissostichus  eleginoides,  Champsocephalus  gunnari,  Eleclrona  carslbergi,  Lepidonotothcn 
squamifrons  and  crab. 

The  purpose  of  this  modification  is  therefore  threefold  and  would  consist  of 

factual  changes,  taking  into  account  the  new  TACs  and  fishing  seasons 
established  during  the  1995  CCAMLR  Annual  Meeting 
procedural  changes,  aiming  at  the  lightening  of  the  administrative  procedures 
on  catch  and  data  reporting 
changes  pertaining  to  the  future  modifications  of  this  regulation.  Given  that 
the  changes  will  be  of  technical  nature,  modifying  the  TACs  and  fishing 
seasons,  future  modifications  will  be  made  through  a  standing  committee 
chaired  by  the  Commission 

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. 

{ 

Amended proposal for a 

CWNCU  REGULATION (,EO 

No 

OF 

1996 

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^, 

to  Article  4  of  Council  Regulation 

(EEC)  N°  3760/92  of 
Whereas  pursuant 
20  December  1992(3),  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  8l/691/EEC(5)  whereas 
it  entered  into  force  for  the  Community  on  21  May  1982; 

(i) 

(2) 

(3) 

(4) 

(5) 

O.J 

O.J 

O.J. NoL  389, 31.12.92, p. 1 

O.J. No L 261, 20.10.93, p. 1 

O. J.  No L 252, 5.9.81,  p. 26 

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  occurring  in  the  waters  off  South  Georgia. 

Whereas  (EEC)  Council  Regulation  2245/85,  of  2  August  1985(6),  laying  down  certain 
technical  measures for  the conservation  offish  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  4 November  1995, 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  1995; 

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  Commission  to  implement 
further  conservation  measures  adopted  by  CCAMLR  according  to  the  procedures  of  the 
standing  committee  on  fisheries  and  aquaculture; 

Recognising  the  world  importance  of  the  Antarctic  as  an  environmentally  sensitive  area, 
largely  untouched  by  human  activity; 

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

HAS  ADOPTED  THIS  REGULATION 

Scope 

Article  1 

1. 

2. 

3. 

This Regulation  applies to Community  fishing  vessels 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. 

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. 

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 

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

2.  Member  States shall  notify  to the  Commission  the  list of all  vessels  flying  their  flag  and 
registered  within  the  Community  which  wish  to  carry  out  fishing  or  scientific  fisheries 
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. 

3. 

This  list, transmitted  to  the  Commission  shall  mention,  in  the  case  of  a  vessel  carrying 
out  fishing  activities,  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. 

O.J.  N °L 19,  22.01.94,  p.  5 

Article  3 

A  Member  State  shall  notify,  four  months  in  advance,  the  Commission  of  the  intention  of 
their  fishermen  to prosecute  a crab  fishery  in FAO  Antarctic  sub-area  48 3  The  Commission 
will  then  issue  a  special  fishing  permit  to  the  vessel,  in  conformity  with  Article  7  of  EC 
Regulation  1627/94  of  27  June  1994(8). 

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. 

fishing 

Directed 
Pseudochaenichthys  georgianus,  Lepidonotothen 
guntheri,  in  FAO  Antarctic  sub-area  48.3  is  prohibited  until  2  November  1996. 

aceralus, 
squamifrons  and  Patagonotothen 

gibberifrons,  Chaenocephalus 

of  Gobionotothen 

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  Antarctic  area  48 
b)  450  000  tonnes  in  FAO  Antarctic  division  58.4.2 

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

2. 

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

a)  4  000  tonnes,  in  FAO  Antarctic  sub-area  48.3  from  1 March  to  31  August  1996. 
b)  28  tonnes  in  the  FAO  Antarctic  sub-area  48.4  from  1 March  to  31  August  1996  or 

until  the  TAC  specified  in  5 2  (a)  is  reached. 

c)  297  tonnes, 

in  FAO  Antarctic  division  58.5.2  from  4  November  1995  to 

30  June  1996. 

(8)  O.J. L171, 06.07.94, p.7 

3. 

The  Total  Allowable  Catch  (TAC)of  Champsocephalus  gunnari  is  fixed  at: 

a)  311  tonnes 

in  FAO  Antarctic  division  58.5.2  from  4  November  1995  to 

30  June  1996. 
tonnes 

b)  1000 

in  FAO  Antarctic  sub-area  48.3  from  4  November  1995  to 

31  March  1996. 

Directed  fishery  for  Champsocephalus  gunnari  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.(i)  below  exceeds  the  fixed  limits.  If  in  the  course  of  the  directed  fishery  for 
Champsocephalus  gunnari,  the  by-catch  of  any  one  haul  of  any  of  the  species  named 
in  paragraph  6(i)  below  exceeds  5%,  the  fishing  vessel  shall  move  to  another  fishing 
location  not  closer  than  5 nautical  miles  distant.  The fishing  vessel  shall  not  fish  within 
5  nautical  miles  of  the  location  in  which  the  by-catch  exceeded  5%  for  a  period  of 
5  days. 

4. 

The  Total  Allowable  Catch  (TAC)  of  Crab, pamlomis  spp.  (order  Decapoda,  suborder 
Reptantia),  is  fixed  at: 

1  600 
2  November  1996. 

tonnes 

in  FAO  Antarctic  sub-area  48.3 

from  4  November  1995 

to 

5. 

The  Total  Allowable  Catch  of  Electrona  carlsbergi  is  fixed  at: 

109  000  tonnes  in  FAO  Antarctic  sub-area  48.3  from  4  November  1995  to 
2  November  1996,  of  which  a  maximum  of  14  500  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. 

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.(i)  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  vessels 
shall  move  to  another  fishing  location  not  closer  than  5  nautical  miles  distant.  The 
fishing  vessel  shall  not fish  within  5 nautical  miles  of the  location  in  which  the  by-catch 
exceeded  5%, for  a period  of  at  least  five  days. 

6. 

(i) 

the  course  of  fishing 

In 
in  FAO  Antarctic  sub-area  48.3,  by-catches  of 
Gobionotothen  gibbcrrifrons  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 Lepidonotothen  squamifrons 
shall  be  limited  to  300  tonnes  each  species. 

(ii)  If 

in 

fishing 

the  course  of  a  directed 

for  Dissostichus  eleginoides  or 
Champsocephalus  gunnari  FAO  Antarctic  division  58.5.2, 
the  by-catch  in  any 
haul  of  any  of  the  species  Lepidonotothen  squamifrons,  Notothenia  rossii, 
Channichthys  rhinoceratus  or Bathyrajja  spp.  exceeds  5%, the fishing  vessels shall 
move  to  another  fishing  location  not  closer  than  5  nautical  miles  distant.  The 
fishing  vessel  shall  not fish  within  5 nautical  miles of the  location  in which  the by-
catch  exceeded  5%,  for  a  period  of  at  least  five  days. 

7. 

8. 

1. 

2. 

3 

4. 

The Total  Allowable Catch (TAC) of  Lepidonotothen  squamifrons  in the two-year period 
from  5 November  1994  to  2 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. 

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

The fishery of Dissostichus  eleginoides 
if  undertaken  by  trawling. 

in  Antarctic division  58.5.2  is prohibited  except 

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.  Crab  processed  at sea shall  be frozen  as crab  sections  (minimum  size of  crabs 
can  be  determined  using  crab  sections). 

The  fishery  of  Dissostichus  eleginoides  in  FAO  Antarctic  sub-areas  48 3  and  48.4  is 
prohibited  except  if  undertaken  by  longlines. 

The  fishery  of  Chamsocephalus  gunnari 
if  undertaken  by  bottom  trawls. 

in  FAO  Antarctic  sub-area  48.3  is  prohibited 

Control  Measures 

Article 7 

Community  vessels  shall  be subject  to three  different  catch  and  effort  reporting  systems: 

1. 

2. 

3. 

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 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  fisheries  of  Dissostichus  eleginoides in  FAO  Antarctic  sub-area  48.3  and  48.4 
beginning  in  1 March  1996; 

- 

the fishery  of  Chamsocephalus gunnari in FAO  Antarctic  sub-area 48.3. 

- 

the fishery  of Lepidonotothen  squamifrons  in  FAO  Antarctic  division  58 4.4. 

2. 

The Ten-day  Catch  and  Effort  report  system  referred  applies to: 

-  the  fishery  crab,  pamlomis  spp.  (order  Decapoda,  suborder  reptania)  in  FAO 
Antarctic sub-area 48.3.  Data on catches taken between  31 July  and 25  August  1996 
shall  be reported  to the Commission  by  25  September  1996 

- 

the  fisheries  of  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: 

- 

the fishery for  Electrona Carlsbergi  in  FAO  Antarctic  sub-area 48.3. 

- 

the  fishery  of  Euphausia superba in  FAO  Antarctic  area  48  and  FAO  Antarctic 
division  58.4.2. 

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 

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. 

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  the  Community  Each  catch  and  effort  report  shall  specify 
the  reporting  period  concerned 

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,  pertaining  to 
the  preceding  period: 

the  name, 
the  external  identification  mark  of  the  vessel  in  question, 
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 

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  the 
Community,  in  the period  between  1  July  1995  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  (j>aralomis  spp.)  in  FAO  Antarctic  sub-area  48 3  arid  FAO 
Antarctic  Division  58.4.2  shall  report  the  following  data  to  the  Commission  by  25 
August  1996  for  crabs  caught  prior  to  31  July  1996. 

the location,  date, depth, the number  and  spacing  of pots and  soak  time, and 
catch  (number and  weight) of commercially  sized crabs ( reported  on as fine 
a  scale  as  possible,  but  no  longer  than  0.5° latitude  and  1.0° longitude)  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  1 (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  1. 

Biological  Data  Reporting  System 

Article  12 

1. 

2. 

3. 

Community  vessels fishing  Dissostichus  eleginoides  and  Electrona  carlsbergi  opérai;ng 
in  FAO  Antarctic  sub-area  48.3  and  48.4  and  vessels  fishing  in  48.3  in  the  1995/96 
fishing  season  shall  notify  to  the  competent  authority  of  the  Member  State  whose  flag 
they  fly  not  later  than  the  15th  of  each  month,  following  the  month  of  fishing,  an  Effort 
and  Biological  Data  Reporting  System  report 

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  CCAMLR. 

The  information  contained  in  the  Effort  and  Biological  Data  Reporting  System  report 
shall  include  the  following: 

- 

the  haul  by-haul  data  required  to  complete  the  CCAMLR  fine-scale  catch  and  effort 
data  form  for  longline  fisheries  (form  C2  latest  version  for  Dissostichus  eleginoides 
and  Electrona  carlsbergi  and  form  CI  for  Chamsocephalus  gunnari).  These  data 
shall  include  the numbers of  seabirds or  marine  mammals  of each  species  caught  and 
killed. 

-  a representative  sample  on  length  composition  measurements  from  the  fishery  (form 
B2,  latest  version).  Length  measurements  of  fish  should  be  of  total  length  to  the 
nearest  centimetre  below  and,  representative  samples  of  the  length  composition 
should  be taken  from  a single  fishing  ground.  In  the event  that  a vessel  moves  from 
a  fishing  ground  to  another  during  the  course  of  a  month,  then  separate  length 
compositions  be  submitted  for  each  fishing  ground 

Article  13 

Suspension  of  Fishing  Activities 

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. 

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  3,  shall  be  used  when  engaging  in  directed 
fishery  for  the  species  or  groups  of  species  Notothenia  rossii,  Dissostichus  eleginoides, 
Gobionotothen  gibberifrons,  Notothenia  kempi,  Lepidonotolhcn 
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  the  above  paragraph,  the  minimum  mesh  size  provided  for  in 
Annex  3  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,  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. 

10 

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 
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. 

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. 

11 

(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  rcmcasurement  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,  wherever  a  weight  of  dynamometer  is  used. 

The  measures  applicable  to  reduce  the  incidental  mortality  of  seabirds  during  longline 
fisheries  are  set  out  in  Annex  4 

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 FAO  Antarctic  sub-area,  except  for  FAO  Antarctic  sub-areas  58.6, 
58.7  and  FAO  Antarctic  division  58.5.1,  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 

The  exercise  of  a  new  fishery  in  the  CCAMLR  Convention  Area  shall  be  prohibited 
unless  authorised  in  accordance  with  paragraph  6. 

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  in  paragraph  4  to  the  best  of  his  ability. 

2 

3 

12 

4. 

A  Member  State  who  has  been  informed  of  the  intention  to  develop  a  new  fishery  in 
CCAMLR  Convention  Area  shall  notify  the  Commission  without  delay  and  not  later 
than  4  months  in  advance  of  the  Annual  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. 

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  5. 

13 

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  CCAMLR 
with  a  copy  to  the  Commission  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 

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  CCAMLR 
for  review,  with  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 
CCAMLR.  Until  the review process  is completed  by CCAMLR  and  its decision  notified, 
the  planned  fishing  for  research  purposes  shall  not  proceed 

4  Member  States should  report  catch  and  effort  data resulting  from  any  scientific  fisheries 
research  subject  to  these  provisions  to  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  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  CCAMLR,  with  a  copy  to  the 
Commission  within  twelve  months. 

Article  18 

Annex  2  fixes  the  rules  for  the  Experimental  Harvest  Regime  for  the  Crab  Fishery  in  FAO 
Antarctic  sub-area  48.3  for  the  seasons  1995-96  to  1997-98,  and  the  authorised  fishing  areas. 

14 

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: 

Lepidonotothen 
5  November  1995  to  2  November  1996. 

squamifrons, 

in  FAO  Antarctic 

sub-area  58.4.4 

from 

Dissostichus  eleginoides 
31  August  1996. 

in  FAO  sub-area  48.3  and  48.4  from  1  March  to 

Champsocephalus  gunnari  in  FAO  sub-area  48.3  from  4  November  1995  to 
31  March  1996.  Any  vessel  intending  to  participate  in  the  fishery  is  required  to 
undertake  a  scientific  survey  carried  out  in  accordance  with  the  survey  design 
The  Member  State  concerned  shall  transmit  a  list  of  proposed  trawl  survey 
stations  to  CCAMLR  with  a copy  to  the  Commission  at  least  one  month  before 
the  start  of  the  survey. 

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 
in  the  1996/1997  season.  The  use  of  packaging  bands  for  other  purposes  on  fishing  vessels 
which  do  not  use  on-board  incinerators  shall  be  prohibited  in  the  1996/1997  season. 

Article  21 

The  changes  of  this  Regulation  necessary  to  implement  the  recommendations  adopted  by 
CCAMLR  shall  be  made  by  the  Commission  according  to  the  procedure  laid  down  in 
Article  18 of  Council  Regulation  3760/92. 

Regulation  (EEC)  No  2245/85  is  formally  repealed. 

Article  22 

15 

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 

16 

ANNEX  1 

DATA  REQUIREMENTS  ON  THE  EXPLORATORY 
CRAB  FISHERY  IN  FAO  ANTARCTIC  SUB-AREA  48.3 

Catch  and  Effort  Data: 

Cruise  Descriptions 

cruise  code,  vessel  code,  permit  number,  year, 

Pot  Descriptions 

diagrams and other information,  including pot shape, dimensions, mesh  size, 
funnel  position,  aperture  and  orientation,  number  of  chambers,  presence  of 
an  escape  port 

Effort  Descriptions 

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  Descriptions 

retained  catch  in numbers  and  weight,  by  catch  of  all  species  (see  Table  1), 
incremental  record  number  for  linking  with  sample  information. 

Table  1 

Species 

Data  requirements 

Dissostichus  eleginoides 
Notothenia  rossii 
Other  species 

Biological  Data: 

Numbers  and  estimated  total  weight 
Numbers  and  estimated  total  weight 
Estimated  total  weight 

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. 

Cruise  Descriptions 

cruise  code,  vessel  code,  permit  number. 

Sample  Description 

date,  position  at  start  of  the  set,  compass  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  pot  number  from  which  the  crab  comes. 

17  . 

ANNEX  2 

Experimental  Harvest  Regime  for  the  Crab  Fishery  in 
FAO  Antarctic  Sub-area  48.3  for  the  1995/96  season 

The  following  measures  apply  to  all  crab  fishing  within  Statistical  Subarea  48 3  for  the 
1995/96  fishing  season.  Every  vessel  participating  in  the  crab  fishery  in  Subarea  48.3  shall 
conduct  fishing  operations  in  accordance  with  an  experimental  fishing  regime  as  outlined 
below: 

1. 

2 

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. 

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

(i) 

(ii) 

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  I 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 
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.  Soak  time 
shall  be  defined  for  each  string  as  the  time  between  start  of  setting  and  start  of 
hauling 

(iii)  Vessels  shall  not  fish  outside  the  area  delineated  by  the  twelve  0 5°  latitude  by 

1° longitude  blocks  prior  to  completing  Phase  1 

(iv)  During  Phase  1,  vessels  shall  not  expend  more  than  30  000  pot  hours  in  any 

single  0.5°  latitude  by  1° longitude  block. 

(v) 

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  1 to  be  completed. 

(vi)  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  Articles  3  and  5(4),  6(2)  and  8(2) 

4. 

For  the  purposes  of  implementing  normal  fishing  operations  after  Phase  I  of  the 
experimental  regimen, the Ten-day  catch  and effort  reporting  system  set out in  7(2) shall 
apply. 

5.  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) 

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 0'  latitude  by  7.5'  longitude).  These  squares  shall  be 
subdivisions of the blocks delineated  in  Phase  1  of the experimental  regime. 

The  captains  of  vessels  shall  determine  the  location  of  the  3 squares  that  will  be 
fished,  but  selected  squares  may  not  be  contiguous  and  the  distance  between  the 
boundaries  of  any  2  squares  must  be  at  least  4  nautical  miles. 

(iii)  Vessels  shall  fish  continuously 

in  emergencies  or  foul  weather 
(except 
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. 

(iv)  Vessels  shall  finish  fishing  in  one  square  before  starting  operations  in  another 

square. 

(v) 

Vessels shall  attempt  to distribute effort  throughout  the entire  square  and  not fish 
the  gear  in  the  same  location  on  every  set,  the  distance  between  the  boundaries 
of  any  two  squares  being  at  least  4  nautical  miles. 

(vi)  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  Ten-day  Catch  and  Effort  Reporting  system  shall  apply. 

1.  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 
regime 
approximately  one  week  prior  to  the  conclusion  of  KS second  fishing  season  A 
leaves  the  fishery 
vessel's  fishing  season  shall  be  concluded 
voluntarily  or  if  the  fishery  is  closed  because  the  TAC  has  been  attained. 

the  experimental 

if  the  vessel 

19 

(ii) 

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

(iii)  CCAMLR  will  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. 

(iv) 

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 
coordinates  defining  the  boundaries  of  the  square  where  fishing  occurred,  date,  number 
and  spacing  of  pots  and  soak  time,  and  catch  (numbers  and  weight)  for  each  haul. 

9.  Data  collected  during  the  experimental  harvest  regime  up  to  the  30  June  in  any  split 
year  shall  be  submitted  to  CCAMLR  by  31  August  of  the  following  split-year,  a  split 
year  being  defined  as  the  period  from  1 July  to  30  June  of  the  following  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  Articles  3, "5(4),  6  (2)  and  8  (2) . 

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  1995/96,  experimental  catches  shall  be 
considered  part  of  the  1 600  tonnes  TAC  outlined  in  Article  5 (4)]. 

13.  The  experimental  regime  shall  be  instituted  for  a period  of  three  split-years  (1995/96  to 
1997/98),  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  1996/97  split-year 
must  complete  the  regime  during  1998/1999  split-year,  a split  year  being  defined  as the 
period  from  1 July  to  30  June  of  the  following  year. 

20 

ANNEX  3 

Minimum  mesh  size  provided  for  in  Article  14 

Species 

Type  of  net 

Notothenia  rossii 
Dissostichus  eleginoides 
Gobionotothen  gibberifrons 
Notothenia  kempi 
Lepidonotothen 
squamifrons 
Champsocephalus  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 

Minimum 
mesh  size 

120  mm 
120  mm 
80  mm 
80  mm 
80  mm 

Trawls,  Danish  seines  and  similar  nets 

90  mm 

21 

ANNEX  4 

Measures  to  Reduce  the  Incidental  Mortality  of  Seabirds  during 
Longline  Fishing  in  the  CCAMLR  Convention  Area, 
except  for  FAO  Antarctic  sub-areas  58.6,  58.7  and  FAO  Antarctic  division  58.5.1: 

Fishing  operations  shall  be  conducted  in  such  a way  that  the  baited  hooks  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. 

The  dumping  of  offal  should  be  avoided  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  are  removed  without  jeopardising  the 
life  of  the  bird  concerned. 

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  member  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. 

The  use  of  net  monitor  cables  on  harvesting  vessels  in  the  CCAMLR  Convention  Area 
is  prohibited  from  the  1994/1995  fishing  season. 

Data on  the numbers of sea-birds of each  species  killed  or  injured  in  incidents  involving 
the  net  monitor  cable  in  the  directed  fishery  of  Lepidonotothen  squamifrons  in  FAO 
Antarctic  sub-area  58.4.4  for  the  1995-96  season  shall  also  be  reported. 

Other  variation  in  the  design  of  streamer  lines  may  be  tested  on  vessels  carrying  two 
the  CCAMLR  scheme  of 
observers  at  least  one  appointed 
International  Scientific  Observation. 

in  accordance  with 

Appendix  attached. 

22 

Appendix 

to  ANNEX  4 

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  baits  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 

",nf.  prti'H 

(if}>•  m  O l t i 'i  , !' 

23 

Information  to  be  submitted  for  an  Exploratory  Fishery: 

ANNEX  5 

1. 

(i) 

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. 

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  the  exploratory  fishery 

(ii) 

each  Member  State  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; 

(iii)  each  Member  State  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. 

(iv)  prior  to  any  Member  State  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. 

(v) 

if  the  data  specified  in  the  Data  Collection  Plan  have  not  been  submitted  to  CCAMLR 
for  the  most  recent  season  in  which  fishing  occurred,  continued  exploratory  fishing  by 
the  Member  State  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; 

(vi) 

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  in  paragraph  l(ii) 

(vii)  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 

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

24 

The  Data  Collection  Plan  to  be  formulated  and  updated  by  the  Scientific  Committee 
shall  include,  where  appropriate: 

(i) 

(ii) 

the  catch  effort  and  related  biological,  ecological  and 
a  description  of 
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; 

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 

(iii) 

an  evaluation  of  the  time-scales  involved  in  determining  the  responses  of 
harvested,  dependent  and  related  populations  to  fishing  activities. 

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  is  able  to  provide: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

a  description  of  how  the  Member  States'  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. 

25 

ISSN 0254-1475 

COM(96) 117 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-CO-96-128-EN-C 

ISBN 92-78-01798-1 

Office  for Official  Publications  of the European Communities 

L-2985  Luxembourg 

X