Proposal for a Council Regulation (EC) laying down certain conservation and control measures applicable to fishing activities in the Antarctic and replacing Regulation (EC) No 2113/96 of 25 October 1996
Date: 1997-05-15
Institutions: European Commission
Subjects: Antarctica, authorised catch, conservation of fish stocks, fishing area, fishing controls

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  15.05.1997 
COM(97)  213  final 

97/0135  (CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

laying down certain conservation and control measures 
applicable to fishing activities in the Antarctic 
and replacing Regulation (EC) No 2113/96 of 25 October  1996 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

The  1996 Annual Meeting of the Commission for the Conservation of the Antarctic Marine Living 
Resources (CCAMLR) took place in Hobart in the period of 21 October to 2 November  1996. On 
5 November  1996, CCAMLR notified Contracting Parties of the conservation measures adopted at 
this Meeting. Pursuant  to Article DC (6) (b) of the Convention these measures become binding on 
all Contracting Parties on 2 May 1997. 

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,  Electrona  carslbergi, Lepidonotothen  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. 

In  order  to  implement  in  Community  legislation  the  new  and  revised  conservation  measures 
adopted at the  1996 Annual Meeting it is recommended to replace the existing regulation  (EC) No 
2113/96 with a new one which will include all the conservation measures currently in force. 

The decision to propose the replacement  and not  simply the amendment  of the existing  regulation 
stems from the  experience  in previous  years,  when the  annual  amendments  and  revisions  of  the 
1985 CCAMLR regulation had diluted the clarity of the original text, had obscured its meaning and 
had rendered  the text  illegible. By replacing the existing regulation  and reproducing  the text  in its 
entirety the clarity and accuracy of the text are preserved. 

Changes  are  mostly factual  in  nature,  taking  into  account  the  new  TACs  and  fishing  seasons 
established  during  the  1996  CCAMLR  Annual  Meeting.  In  addition,  few  editorial  changes  have 
taken place as well as some procedural  changes following,  for  the first time, notification  that  two 
Community fishing vessels intend to pursue fishing activities in the CCAMLR Convention area. 

Five new conservation  measures adopted by CCAMLR during the  1996 Annual Meeting  refer  to 
the  initiation  of new fisheries by Australia,  South  Africa,  New  Zealand.  Since  these fisheries are 
limited to the  Contracting  parties which have initiated  them,  and thus would  not  be  applicable  to 
Community vessels, they have not been included in the new proposal. 

In  view  of  the  agreement  between  the  Members  of  CCAMLR  and  the  importance  oï  these 
conservation measures for the fish stocks concerned,  the Community  is called  upon to apply  these 
measures immediately. 

PROPOSAL FOR A COUNCIL REGULATION  (EC) 

No 

of. 

1997 

laying down certain conservation  and control  measures 
applicable to fishing  activities in the Antarctic 
and replacing Regulation (EC) No 2113/96 of 25 October  1996 

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 Parliament2, 

Whereas pursuant  to Article 4 of Council Regulation (EEC) N° 3760/92 of 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  \  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 whereas 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 
occurring in the waters off  South Georgia. 

, 0.  J. 

. O . J. 

O . J.  No  L  3 8 9 , 3 1 . 1 2 . 9 2 , p .1 
p .l 

4  O . J.  No  L  2 61  2 0 T 1 0 . 9 3, 
5  O . J.  No  L . 2 52 

5 . 9 . 8 1 , p . 26 

i 

Whereas  the  Members  of  CCAMLR  stated  that  they  intended  to  apply  the  latest  conservation 
measures,  adopted  on  2  November  1996,  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 would commence on or after  1  July 1997; 

Whereas the European  Community,  as a Contracting party to  CCAMLR,  is bound to  ensure that 
the  measures  adopted  by  CCAMLR  are  applied  to  Community fishing vessels  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  using  a 
simplified procedure; 

Whereas (EC) Council Regulation No  2113/96, of 25 October  1996,6 laid down  certain technical 
measures  for  the  conservation  of fish stocks  in the  Antarctic  in  force  at  that  time; whereas  the 
changes to be made to this regulation in order implement the conservation measures adopted at the 
1996 Meeting are numerous; whereas for reasons of clarity of the text it is therefore  appropriate to 
replace regulation No 2113/96 of 25 October  1996 by a new regulation, 

OJ 

.  No  L  2 83  5 . 1 1 . 9 6, 

P .l 

4: 

HAS ADOPTED THIS REGULATION: 

Scope 

Article 1 

1. 

2. 

3 

This Regulation applies to Community fishir.^ vessels who take and retain on board fish from 
marine living resources of the area  south  ::' oO 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 activities in the area defined in Article 1. 

2.  Member  States shall notify  the Commission the list of vessels flying their flag and  registered 
within  the  Community  which  intend  to  carry  out fishing 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 and before the 15 April of each year. 

3. 

This  list,  transmitted  to  the  Commission  shall  mention,  the  internal  number  of  the  fleet 
register  in accordance  with the  Article  1 of the  Commission  Regulation  (EC)  n° 109/94  of 
19 January  19947  concerning  the fishing  vessel  register  of the  Community  accompanied  by 
the name of the home port  of the vessel, the names of the owner or charterer of  the vessel, 
and notification  that the master of the vessel has been informed  of the measures in force  for 
the area or areas where the vessel will be fishing in the Convention area. 

4. 

The Commission will transmit all data required to CCAMLR by 1  May of each year. 

: 3 3,  5 . 1 1 . 9 6, 

p .l 

Article 3 

A Member State shall notify  thé Commission of the intention of a fishing vessel to carry  on crab 
fishery  in FAO Antarctic sub-area 48.3.  This notification  shall be given four  months in advance of 
the  start  date  for  the fishery and  shall  include  the  internal  number  of  the  fleet  register  and  the 
research and fishing operations plan of the vessel concerned. 

The Commission shall examine the notification, check whether it complies with applicable rules and 
inform the Member State of its findings. The Member State may issue the special fishing permit on 
receipt of the findings of the Commission  or  10 working days after  notification.  The Commission 
shall notify  CCAMLR  accordingly,  at the latest  three months  in advance of the  start  date  for  the 
fishery. 

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  Antaraic  sub-areas  48.1  and  48.2  except  for  scientific 

research purposes, is prohibited. 

3.  Directed 

fishing 

of  Gobionotothen  gibberijrons,  Chaenocephalus  aceratus, 
Pseudochaenichthys  georgicmus,  Lepidonotothen  squamifrons  and  Patagonotothen 
guntheh,  in FAO Antarctic sub-area 48.3 is prohibited until 7 November 1997. 

Catch  limitations 

Article  5 

1. 

The 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 
c)  775 000  tonnes in FAO Antarctic division 58.4.1 

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

2. 

The TAC of  Dissostichus eleginoides is fixed at: 

a)  5 000 tonnes, in FAO Antarctic sub-area 48.3 from 1  March to 31 August 1997. 

G 

b)  28 tonnes in the FAO Antarctic sub-area 48.4 from 1  March to 31 August  1997 or until 

the TAC specified in 5.2 (a) is reached. 

c)  3 800 tonnes, in FAO Antarctic division 58.5.2 from 2 November  1996 to  31  August 

1997. 

The  total  number  and  weight  of Dissostichus  eleginoides including  those  with  "jellymeat" 
condition shall be reported. These fish will count towards the TAC. 

The TAC of Champsocephalus gurmari is fixed at: 

a)  311 tonnes in FAO Antarctic division 58.5.2 from 2 November  1996 to 31 August  1997. 
b)  1  300 tonnes in FAO Antarctic sub-area 48.3 from 2 November  1996 to 31 March 1997. 

If in the course of a directed fishing of champsocephalus gurmari in FAO Antarctic division 
58.5.2 in any haul more than  10% of champsocephalus gurmari are smaller than 28 cm total 
length,  the fishing vessels  shall  move to  another fishing location  not  closer  than  5 nautical 
miles for a period of at least 5 days. 

Directed fishery for  Champsocephalus gurmari  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 
gurmari,  the by-catch of any one haul of any of the  species named  in paragraph  6(i) below 
exceeds  5%  of  the  total  weight  by  catch,  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. 

The TAC of Crab, paralomis spp. (order Decapoda, suborder Reptantia), is fixed at  1 600 
tonnes in FAO Antarctic sub-area 48.3 from 2 November  1996 to 7 November  1997. 

The  Total  Allowable  Catch  of  Electrona carlsbergi is  fixed  at  109  000  tonnes  in  FAO 
Antarctic sub-area 48.3 from 2 November  1996 to 7 November  1997, 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 catch of any one haul of 
any species other than the target species named in paragraph 6 below exceeds 5% of the total 
catch by weight, 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. 

T-

6. 

(i) 

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

(ii)  If in the course of a directed fishing for Dissostichus eleginoides or Champsocephalus 

gurmari  FAO Antarctic division 58.5.2,  the by-catch in any haul of any of the species 
Lepidonotothen  squamifrons,  Notothenia  rossii,  Channichthys  rhinoceratus  or 
Bathyraja spp.  exceeds 5% of the total catch by weight, 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. Catches of other species not specified  above shall not 
exceed 50 tons. 

7. 

The Total Allowable  Catch (TAC) of Lepidonotothen squamifrons from 2 November  1996 
to 7 November  1997 in FAO Antarctic division  58.4.4 (Ob and Lena Banks) is fixed at 715 
tonnes in Lena Bank and 435 tonnes in Ob Bank. 

8.  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 paragraphs  1  to 7. 

Gear 

Article 6 

1. 

2. 

3. 

4. 

The fishery of Dissostichus eleginoides  in Antarctic  division  58.5.2  is prohibited  except  if 
undertaken by trawling. 

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  unharmed.  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  in FAO  Antarctic  sub-area  48.3  is  prohibited  if 
undertaken by bottom trawls. 

<3 

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  each  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 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 

(i) 

the fisheries of  Dissostichus eleginoides in  FAO  Antarctic  sub-area  48.3  and  48.4 
beginning on 1 March 1997; 

(ii) 

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

(iii) 

the fishery of Lepidonotothen squamifrons in FAO Antarctic division 58.4.4 beginning 
on 2 November 1996. 

2. 

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

(i) 

the  fishery  crab,  paralomis  spp.  (order  Decapoda,  suborder  reptantia)  in  FAO 
Antarctic  sub-area  48.3. Data  on  catches  taken  between  31 July and  25 August  1997 
shall be reported to the Commission by 25 September 1997. 

(ii) 

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: 

(i) 

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

T 

(ii) 

the  fishery  of  Euphausia  superba  in  FAO  Antarctic  area  48  and  FAO  Antarctic 
divisions 58.4.2 and 58.4.1. 

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  relevant 
reporting period. 

2.  Member  States  shall  notify  the  Commission  by  computer  transmission  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. 

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,  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  vessel, 
which were made by fishing vessels flying their flag and registered  in the Community,  in the 
period between  1  July 1997 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. 

All vessels fishing for crab in FAO Antarctic sub-area 48.3 shall report the following  data to 
the Commission by 25 August  1997 for crabs caught prior to 31 July 1997. 

the  location,  date,  depth,  the  number  and  spacing  of  pots  and  soak  time,  and  catch 
(numbers  and  weight)  of  commercially  sized  crabs  (reported  on  as  fine  a  scale  as 
possible, but no coarser 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 I (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 I. 

Article 12 

Monthly Fine Scale Effort and Biological Data Reporting System 
for Trawl and Longline Fisheries 

1.  Community  fishing  vessels  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, the 
necessary haul by haul data to complete a CCAMLR fine scale catch and effort  data form (C1 
form for trawl fisheries and C2 form for longline fisheries) when fishing for: 

(a) Dissostichus eleginoides in FAO  Antarctic  division  58.5.2  from  2  November  until  31 
August  1997 and in FAO Antarctic sub-areas 48.3 and 48.4 commencing on 1  March 1997; 

(b) Champsocephalus gunnari in FAO Antaraic sub-area 48.3 from 2 November  1996 to 31 
March 1997; 

(c) Champsocephalus gunnari in FAO  Antarctic division  58.5.2 from 2 November  1996 to 
31 August  1997; 

(d)  Lepidonotothen  squamifrons  in  FAO  Antarctic  division  58.4.4  and  by-catch  of 
dissostichus eleginoides in the 1996/97 season commencing on 2 November  1996, 

(e) Electrona Carlsbergi  as the target  species in FAO Antarctic  sub-area  48.3, and  for  'by-
catch'  species  defined  as  any  cephalopod,  crustacean  or fish species  other  than  electrona 
carslbergi.  A representative sample in this case shall be a minimum of 500  fish. 

2.  All catch of target  and by-catch  species must be reported  by species. Data  shall include the 

numbers of seabirds or marine mammals of each species caught and killed. 

3. 

Community fishing vessels  shall  also  notify  representative  samples  of  length  composition 
measurements  of the  target  species  and  by  catch  species 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 
fine  scale grid rectangle (0.5° latitude by 1° longitude). In the event that a vessel moves from 

a fine scale  grid  rectangle  to  another  during  the  course  of  a  month,  then  separate  length 
compositions should be submitted for each fine scale grid rectangle. 

4. 

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. 

5.  Community  fishing  vessels  shall  collect  and  report  age  frequency,  length  frequency  and 
age/length  keys  for  Lepidonotothen  squamifrons,  Dissostichus eleginoides and  any  other 
species  forming  a  significant  part  of  the  catch  of  Lepidonotothen squamifrons  in  FAO 
Antarctic division 58.4.4 (Ob and Lena Banks) to the Flag State, for each Bank separately on 
forms B2  and B3. Member  States  shall transmit  this information  to  the  Commission  which 
will transmit these data to  CCAMLR on time for  the annual meeting of the Working  Group 
on Fish Stock Assessment. 

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. 

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,  Lepidonotothen  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 

12-

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. 

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 gauge is 
stopped when it is used in accordance with point B. 

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. 

13 

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  point  (b)  this 
shall be the mesh size of the net. 

(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 remeasurement.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 IV. 

Notification for 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: 

l4-

(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 fishery in the CCAMLR Convention  Area  shall be prohibited  unless 
authorised in accordance with paragraph 6. 

3.  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. 

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) 

information  from  comprehensive  research/survey  cruises,  such  as 

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 
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 
measure with regard to the new fisheries, or, 

by  the  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the 
Commission in all others. 

te 

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 V. 

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  the  provisions  in  paragraphs  1,2,3  to  CCAMLR,  with  a  copy  to  the 
Commission, according to the haul-by-haul reporting format  for  research vessels (form  C4). 

it 

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  1996/97 season and the authorised fishing areas. 

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: 

(a)  Lepidonotothen  squamifrons  in FAO Antarctic sub-area  58.4.4 from 2 November  1996 

toZNovember  1997; 

(b)  Dissostichus  eleginoides in FAO sub-area 48.3 and 48.4 from 1  March to 31 August 

1997; 

(c)  Champsocephalus gunnari  in FAO sub-area 48.3 from 2 November  1996 to 31 March 
1997. Any vessel intending to participate in this fishery is required to undertake a 
scientific  survey carried out in accordance with the survey design specified  in 
CCAMLR's Draft  Manual for Bottom Trawl  Surveys.  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; 

(d)  Dissostichus  eleginoides  in FAO Antarctic division  58.5.2 from 2 November  1996 to 31 

August  1997; 

(e)  Champsocephalus gunnari  in FAO Antarctic division 58.5.2 from 2 November  1996 to 

31 August  1997. 

Article  20 

Provisions relating to the reduction in use of Plastic Packaging Bands on Fishing Vessels 

The use on fishing vessels of plastic packaging bands to  secure bait boxes shall be prohibited.  The 
use  of  other  packaging  bands  for  other  purposes  on fishing vessels  which  do  not  use  on-board 
incinerators (closed systems) shall be prohibited. 

i> 

Any packaging bands, once removed from the packages  shall be cut,  so that  they do  not  form  a 
continuous loop and at the earliest opportunity burned in the on-board incinerator. 

Any plastic residue shall be  stored on board the vessel until reaching port and in no case discarded 
in the sea. 

Territorial Application 

Article 21 

The provisions outlined in Articles 12, 15,  16 and  17 do not apply in FAO Antarctic sub-areas 58.6 
and 58.7 and FAO Antarctic division 58.5.1. 

Article 22 

The  changes  of  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. 

Council Regulation (EC) No 2113/96 is formally repealed. 

Article 23 

Article 24 

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 

IS: 

ANNEXI 

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 

Data requirements for by-catch species in the crab fishery in FAO Antarctic sub-area 48.3 

Species 

Dissostichus eleginoides 
Notothenia rossii 
Other species 

Biological Data: 

Data requirements 

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. 

^ 

ANNEX II 

EXPERIMENTAL  HARVEST REGIME FOR THE CRAB FISHERY  IN 
FAO  ANTARCTIC SUB-AREA 48.3 FOR THE 1996/97  SEASON 

The  following  measures  apply  to  all  crab fishing within  FAO  Antarctic  sub-area  48.3  for  the 
1996/97 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. 

The experimental regime shall consist of at least two phases. Each vessel participating in the 
fishery  shall complete all of the phases. Phase 1  shall be conducted during the first  season that 
a vessel  participates  in the experimental  harvest  regime. Phases  2  and  3- and  any additional 
phase 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 crab fishery. For the purposes of  Phase  1, 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  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. 

These  blocks  shall  be  numbered  A  to  L.  The  appendix  of  Annex  II  illustrates  the 
blocks  (Figure  1) and the geographic  position  is denoted  by  the  coordinates  of the 
northeast comer of the block. 

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 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 1  of the experimental 
harvest regime, the Ten-day catch and effort  reporting system set out in 7(2) shall apply. 

5.  Vessels shall conduct Phase 2, and any additional phases, of the experimental harvest  regime 

at the start of their second season of participation in the crab  fishery. 

If  any  vessel  initiates  phase  1 of  the  experimental  harvest  regime  during  the  1996/97  or 
1997/98 fishing seasons, the  Scientific  Committee of CCAMLR and  its Working  Group  on 
Fish  Stock  Assessment,  shall  advise  CCAMLR  on  an  appropriate  experimental  harvest 
strategy, Phase 2, for the following fishing season. This advise shall include provisions for: 

(i) 

(ii) 

requiring  each  vessel  to  expend  approximately  one  month  of  experimental fishing 
effort  during its second season of participation in the experimental harvest regime; and 
a  data  collection  and  submission  policy  appropriate  to  the  experimental  fishing 
strategy that is being recommended. 

6.  Data collected during the experimental harvest regime in both Phase  1 and Phase 2 up to 30 
June in any split - year shall be submitted to CCAMLR by 31 August  of the following  split 
year. 

7.  Vessels that  complete all phases of the experimental harvest  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). 

8. 

.9. 

Fishing  vessels  shall  participate  in  the  experimental  harvest  regime  independently  (e.g. 
vessels may not cooperate to complete phases of the experiment). 

. Crabs captured during the experimental regime shall be considered part of the prevailing TAC 
for  the  current fishing season  [e.g.  for  1996/997,  experimental  catches  shall  be  considered 
part of the  1  600 tonnes TAC outlined in Article 5 (4)]. 

10.  All vessels participating in the experimental harvest regime shall carry  at  least  one  scientific 

observer on board during all fishing activities. 

11.  The experimental harvest regime shall be instituted for a period of two split - years (1996/97 
and  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  1997/98  season  must 
complete the regime during the 1998/99 season. 

Appendix attached. 

2! 

Appendix to Annex II 

LOCATIONS OF FISHING AREAS FOR THE EXPERIMENTAL 
HARVEST REGIME OF THE EXPLORATORY  CRAB  FISHERY 

-53 

-53.5 

-54 

-54.5 

-55 

-55.5 

AA 

BB 

ce 

DD 

EE 

FF 

GG 

A 

B 

C 

0 

E 

M 

N 

R 

0 

S 

W 

X 

1*J 

U 

z 

p 

T 

Y 

HH 

II 

t  H 

j 

K 

i 

i 

11 

-40 

-39 

-38 

-37 

-36 

-35 

-34 

Figure 1 :  Operations for Phase 1  of the experimental harvest regime for the crab fishery in FAO 

Antarctic sub-area 48.3. 

21 

ANNEXIII 

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 

Trawls, Danish seines and similar nets 

Minimum mesh 
size 

120 mm 
120 mm 
80 mm 
80 mm 

80 mm 

90 mm 

iS 

ANNEXIV 

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 AND MEASURES  PERTAINING 
TO THE USE OF NET MONITOR  CABLES. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

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. The vessels using the Spanish method of longline fishing 
weights  should be released before  line tension occurs, wherever possible weights of at  least  6 kg 
mass should be used, spaced at 20 meters intervals. Only thawed bait shall be used. 

Longlines  shall  be  set  at  night  only  (i.e.,during  the  hours  of  darkness  between  the  times  of 
nautical  twilight).  Wherever  possible,  setting  of  lines  should  be  completed  at  least  three  hours 
before sunrise to reduce loss of bait to / catches of white- chinned petrels. 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 Annex. 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. 

Other variations in the design of steamer lines may be tested on vessels carrying two observers, at 
least  one  appointed  in  accordance  with  the  CCAMLR  Scheme  of  International  Scientific 
Observation, providing that all other elements of this Conservation measure are complied with. 

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

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  1996/97 season shall also be reported. 

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

Appendix attached. 

Appendix  to ANNEX  IV 

The  streamer  line  is  to  be  suspended  at  the  stem  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  lme.  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 

2s 

INFORMATION  TO BE SUBMITTED  FOR AN EXPLORATORY  FISHERY: 

ANNEX  V 

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) 

(lii) 

(iv) 

(v) 

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. 

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; 

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; 

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; 

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  1 (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. 

1L-

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

(i) 

(ii) 

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; 

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 State is able to provide: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

a description of how the Member State'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. 

rt 

ISSN 0254-1475 

COM(97) 213 final 

DOCUMENTS 

EN 

03  11  14 

Catalogue number  :  CB-CO-97-200-EN-C 

ISBN  92-78-19553-7 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

°& 

A.