Council Regulation (EC) No 66/98 of 18 December 1997 laying down certain conservation and control measures applicable to fishing activities in the Antarctic and repealing Regulation (EC) No 2113/96
Date: 1997-12-18
Institutions: Council of the European Union
Subjects: Antarctica, conservation of fish stocks, crustacean, fishing area, fishing controls, fishing regulations

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 66/98

of 18 December 1997

laying down certain conservation and control measures applicable to fishing
activities in the Antarctic and repealing Regulation (EC) No 2113/96

THE COUNCIL OF THE EUROPEAN UNION,

Resources of 19 May 1980 attached to the Final Act of
that Conference, and in particular paragraph 5 thereof;

Having regard to the Treaty establishing the European
Community, and in particular Article 43,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
liament (2),

the European Par-

Whereas pursuant
to Article 4 of Council Regulation
(EEC) No 3760/92 of 20 December 1992, establishing a
Community system for fisheries and aquaculture (3), the
Council may determine certain conditions for access by
Community fishing vessels to waters and resources;

Whereas Council Regulation (EEC) No 2847/93 of
12 October 1993, establishing a control system applicable
to the common fisheries policy (4), applies to all fishing
activities and to all associated activities carried out 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;

the Convention for

Whereas
the Conservation of
Antarctic Marine Living Resources, hereinafter called ‘the
Convention’, was approved by Decision 81/691/EEC (5)
and entered into force for the Community on 21 May
1982;

Considering the statement by the Chairman of the Con-
ference on the Conservation of Antarctic Marine Living

(1) OJ C 189, 20. 6. 1997, p. 10.
(2) OJ C 371, 8. 12. 1997.
(3) OJ L 389, 31. 12. 1992, p. 1.
(4) OJ L 261, 20. 10. 1993, p. 1. Regulation as last amended by
Regulation (EC) No 2870/95 (OJ L 301, 14. 12. 1995, p. 1).

(5) OJ L 252, 5. 9. 1981, p. 26.

the Commission of

Whereas
the Conservation of
Antarctic Marine Living Resources, hereinafter referred to
as the ‘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 the Members of the CCAMLR stated that they
intended to apply the latest conservation measures,
adopted on 1 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 Community, as a Contracting party to the
Convention, is bound to ensure that the measures adopted
by the CCAMLR are applied to Community fishing
vessels with effect from relevant dates;

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

Whereas Council Regulation (EC) No 2113/96, of
25 October 1996 laying down certain conservation and
control measures applicable to fishing activities in the
Antarctic (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 that Regulation
in order to implement the conservation measures adopted
at the 1996 CCAMLR meeting are numerous; whereas for
reasons of clarity of the text it is therefore appropriate to
repeal Regulation (EC) No 2113/96 and replace it by a
new Regulation,

(6) OJ L 283, 5. 11. 1996, p. 1.

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HAS ADOPTED THIS REGULATION:

Article 3

Article 1

Scope and territorial application

This Regulation applies

to Community fishing
1.
vessels which take and retain on board fish from marine
living resources of the area south of 60H 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 waters subject to such
coastal State jurisdiction as may exist in accordance with
international law.

This Regulation shall be without prejudice to the
2.
provisions of the Convention and shall operate in fur-
therance of these objectives and principles and the provi-
sions of the final act of the conference at which it was
adopted.

3.
The Antarctic convergence referred to in paragraph
1 is deemed to be a line joining the following points
along parallels of latitude and meridians of longitude:
50H S, 0H — 50H S, 30H E — 45H S, 30H E — 45H S, 80H E
— 55H S, 80H E — 55H S, 150H E — 60H S, 150H E —
60H S, 50H W — 50H S, 50H W — 50H S, 0H.

Article 2

Right to fish

1. Only those vessels named in the list mentioned in
paragraph 2 shall have the right to carry out fishing ac-
tivities in the area defined in Article 1.

2. Member States shall notify to 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, by 15 April of each year and
afterwards at least 30 days in advance of the beginning of
these activities.

list,

This

transmitted to the Commission,

shall
3.
the fleet register in
mention the internal number of
accordance with Article 1 of the Commission Regulation
(EC) No 109/94 of 19 January 1994 concerning the
fishing vessel register of the Community (1) 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
measures in force for the area or areas where the vessel
will be fishing in the Convention area.

the vessel has been informed of

The Commission will transmit all data required to

4.
the CCAMLR by 1 May of each year.

(1) OJ L 19, 22. 1. 1994, p. 5.

1.
A Member State shall notify the 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.

2.
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 ten working days after
notification. The Commission shall notify the CCAMLR
accordingly, at the latest three months in advance of the
start date for the fishery.

Article 4

Prohibition on fishing

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 pur-
poses, is prohibited.

3. Directed fishing of Gobionotothen gibberifrons,
Chaenocephalus aceratus, Pseudochaenichthys georgianus,
Patagonotothen
Lepidonotothen
guntheri, in FAO Antarctic sub-area 48.3 is prohibited
until 7 November 1997.

squamifrons

and

Article 5

Catch limitations

The total allowable catch (TAC) of Euphausia

1.
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;

(b) 28 tonnes in the FAO Antarctic sub-area 48.4 from
1 March to 31 August 1997 or until the TAC specified
in (a) is reached;

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(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.

3.

The TAC of Champsocephalus gunnari 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
gunnari in FAO Antarctic division 58.5.2 more than
10 % of Champsocephalus gunnari,
in any haul, are
smaller than 28 cm total length, the fishing vessel shall
move to another fishing location not closer than five
nautical miles for a period of at least five days.

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

4.
The TAC of Crab, Paramolis spp. (order Decapoda,
is fixed at 1 600 tonnes in FAO
suborder Reptantia),
Antarctic sub-area 48.3 from 2 November 1996 to
7 November 1997.

The TAC of Electrona carlsbergi is fixed at 109 000
tonnes in FAO Antarctic sub-area 48.3 from 2 November
1996 to 7 November 1997, with a maximum of 14 500
tonnes in the Shag Rocks region, defined as the area
44H W;
52H 30Y S,
bounded
54H 30Y S, 40H W and 54H 30Y S, 44H W.

52H 30Y S,

40H W;

by

for Electrona carlsbergi

Directed fishery
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 para-
graph 5 (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 5 (i) below
exceeds 5 % of the total catch by weight, the fishing
vessels shall move to another fishing location not closer

than five nautical miles distant. The fishing vessel shall
not fish within five nautical miles of the location in
which the by-catch exceeded 5 %, for a period of at least
five days.

5.

(i) In the course of fishing in FAO Antarctic sub-area
48.3, by-catches of Gobionotothen gibberifrons
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 for
each of these three species.

(ii) If in the course of a directed fishing for Dissosti-
chus eleginoides or Champsocephalus gunnari
FAO Antarctic division 58.5.2, the by-catch in any
haul of any of the species Lepidonotothen squami-
frons, Notothenia rossii, Channichthys rhinoce-
ratus or Bathyrajja spp., exceeds 5 % of the total
catch by weight, the fishing vessel shall move to
than five
another
nautical miles distant. The fishing vessel shall not
return to 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 tonnes.

fishing location not closer

6.
from
The TAC of Lepidonotothen squamifrons
2 November 1996 to 7 November 1997 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.

vessel

Catches of any of
for

the above species taken by a
7.
Community
research
purposes will be considered as part of the catch limita-
tions in force for each species taken, as described in para-
graphs 1 to 6.

scientific

fisheries

Article 6

Gear

The fishery for Dissostichus eleginoides in Antarctic
if undertaken by

1.
division 58.5.2 is prohibited except
trawling.

2.
For crab fishing as defined in Article 5 (4), only crab
pots (traps) are authorized. This fishery shall be limited to
sexually mature male crabs; all female and undersized
male crabs shall be released unharmed. In the case of
Paralomis spinosissima and P. formosa, males with a
minimum carapace width of 102 mm and 90 mm respec-
tively, may be retained in the catch. Crab processed at sea
shall be frozen as crab sections (minimum size of crabs
can be determined using crab sections).

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3.
The fishery for Dissostichus eleginoides in FAO
Antarctic sub-areas 48.3 and 48.4 is prohibited except if
undertaken by longlines.

4.
The fishery for Champsocephalus gunnari in FAO
Antarctic sub-area 48.3 is prohibited if undertaken by
bottom trawls.

Article 7

Control measures

Community vessels shall be subject
catch and effort reporting systems:

to three different

1. For the purposes of the Monthly Catch and Effort
Reporting System, the reporting period is defined as a
calendar month.

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

3. 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 month respec-
tively.

(ii) the

fisheries

for 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;

(ii) the fishery for 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 five
tonnes.

Article 9

1. Masters of Community fishing vessels shall sumbit 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 to the Commission by
computer transmission, at the latest within three days of
each reporting period, the catch and effort report trans-
mitted by each fishing vessel flying their flag and regis-
tered in the Community. Each catch and effort report
shall specify the reporting period of the catch concerned.

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

Article 8

The Catch and Effort Reporting system shall contain the
following information, pertaining to the preceding period:

Article 10

The Five-day Catch and Effort Reporting system

1.
applies to:

— the name,

(i) the fisheries for Dissostichus eleginoides in FAO
Antarctic sub-area 48.3 and 48.4 beginning on
1 March 1997;

(ii) the fishery for Champsocephalus gunnari in FAO

Antarctic sub-area 48.3;

(iii) the fishery for Lepidonotothen squamifrons in FAO
Antarctic division 58.4.4 beginning on 2 November
1996.

The Ten-day Catch and Effort report system applies

2.
to:

(i) the fishery for 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;

— the external identification mark of the vessel in ques-

tion,

— 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

1. 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.

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2.
All vessels fishing for crab in FAO Antarctic sub-
area 48.3 shall report the following data to the Commis-
sion 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 0,5H latitude and 1,0H
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 re-

quirements set out in Annex I.

Article 12

Monthly fine scale effort and biological data re-
porting system for trawl and longline fisheries

Community fishing vessels

1.
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 1996 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 Antarctic 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 divi-
sion 58.4.4 and by-catch of Dissostichus eleginoides in
the 1996/1997 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 carlsbergi. A representative
sample in this case shall be a minimum of 500 fish.

2.
All catches 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
released or killed.

3.
Community fishing vessels shall also notify repre-
sentative 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
the length composition
and representative samples of
should be taken from a single fine scale grid rectangle
(0,5H latitude by 1H 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
immediately
of each month. The Commission shall
transmit these data to the 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 divi-
sion 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 the CCAMLR in time for the
annual meeting of the Working Group on Fish Stock
Assessment.

Article 13

Suspension of fishing activities

Following notification from the 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.

Article 14

Mesh sizes

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 III, shall be used when engaging in
directed fishery for the species or groups of species Noto-
thenia rossii, Dissostichus eleginoides, Gobionotothen
gibberifrons, Notothenia kempi, Lepidonotothen squami-
frons and Champsocephalus gunnari. It is prohibited to
use any means or device which would obstruct or dim-
inish the size of the meshes.

For

the nets

2.
the
minimum mesh size provided for in Annex III shall be
determined in accordance with the following rules:

referred to in paragraph 1,

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A. Description of gauges

E. Determination of the mesh size of the net

(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
the parallel-sided
width in millimetres both of
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
any mesh be
measured which has been mended or broken or
has attachments to the net fixed at that mesh.

shall

(c) By way of derogation from (a), the meshes to be
measured need not be consecutive if the condi-
tions 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.

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 speci-
fied in point F.

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 ac-
cordance with point E, taking into account the 60
meshes already measured. Without prejudice to (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 measure-
ment shall not be considered for the determina-
tion of the mesh size and the net shall be re-
measured. A weight or dynamometer attached to
the gauge shall be used for the purposes of remea-
surement. 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 dyna-
mometer 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 deter-
mined in accordance with (a) above, a force of
19,61 newton (equivalent to a mass of two kilo-
grams) 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 or
dynamometer is used.

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3.
The measures applicable to reduce the incidental
mortality of seabirds during longline fisheries are set out
in Annex IV.

5.
The Commission shall forward to the CCAMLR for
consideration the information provided in accordance
with paragraph 4, together with any other relevant infor-
mation it has at its disposal.

Article 15

As soon as the CCAMLR has taken a decision, the

6.
new fishery shall be authorized

Notification for a new fishery

1.
For the purposes of this Article a new fishery is a
fishery for a species using a particular fishing method in a
FAO Antarctic sub-area, for which:

(a)

information on distribution, abundance, demography,
potential yield and stock identity from comprehensive
research/surveys or exploratory fishing have never
been submitted to the CCAMLR; or

(b) catch and effort data have never been submitted to the

CCAMLR; or

(c) catch and effort data from the two most recent seasons
in which fishing occurred have never been submitted
to the CCAMLR.

The exercise of a new fishery in the CCAMLR
2.
Convention Area shall be prohibited unless authorized in
accordance with paragraph 6.

Any operator of a Community vessel who intends to
3.
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.
the
A Member State who has been informed of
intention to develop a new fishery in the CCAMLR
Convention Area shall notify the Commission without
delay and not later than four months in advance of the
Annual Meeting of the CCAMLR.

The notification shall be accompanied by as much of the
following information as the Member State is able to
provide:

(a) the nature of the proposed fishery including target
species, methods of fishing, proposed region and any
minimum level of catches that would be required to
develop a viable fishery;

(b) biological information from comprehensive research/
survey cruises, such as distribution, abundance, demo-
graphic data and information on stock identity;

(c) details of dependent and associated species and the
likelihood of them being affected by the proposed
fishery;

(d) information from other fisheries in the region or
similar fisheries elsewhere that may assist in the valua-
tion of potential yield.

— by the Commission in the case where the 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 other cases.

Article 16

Exploratory fisheries

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) to evaluate the distribution, abundance and demo-
graphy of the target species, leading to an estimate of
the fishery’s potential yield;

(b) to review the fishery’s potential impacts on dependent

and related species; and

(c) to allow the CCAMLR’s Scientific Committee to
formulate and provide advice on appropriate harvest
catch levels, as well as on 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 the CCAMLR with a copy to the Commission the
following data:

— the name,

— the external identification mark of vessel,

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— the division and sub-area in which research is to be

(b) Dissostichus eleginoides in FAO sub-area 48.3 and

carried out,

48.4 from 1 March to 31 August 1997;

— the estimated dates of entering and leaving the

CCAMLR Convention Area,

— the purpose of research,

— the 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 the CCAMLR for review, with a copy to the Commis-
sion, and at least six months in advance of the planned
starting date for research, the research plans using the
form provided by the CCAMLR. Until the review process
is completed by the CCAMLR and its decision notified,
the planned fishing for
shall not
proceed.

research purposes

4. Member States should report catch and effort data
resulting from any scientific fisheries research subject to
the provisions in paragraphs 1, 2 and 3 to the CCAMLR,
with a copy to the Commission, according to the haul-
by-haul reporting format for research vessels (form C4).

the results shall be provided by the
A summary of
Member State to the 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 the CCAMLR, with a copy to the
Commission within twelve months.

Article 18

Annex II 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 authorized fishing
areas.

(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 the CCAMLR’s
Draft Manual for Bottom Trawl Surveys. The Member
State concerned shall transmit a list of proposed trawl
survey stations to the 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.

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.

Article 21

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

Article 22

Article 19

Regulation (EC) No 2113/96 is hereby repealed and
replaced by the provisions of this Regulation.

Community fishing vessels
least one
CCAMLR designated scientific observer on board when
the said vessels are engaged in a fishery for:

shall have at

Article 23

(a) Lepidonotothen squamifrons in FAO Antarctic sub-
area 58.4.4 from 2 November 1996 to 7 November
1997;

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of
the European Communities.

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This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 18 December 1997.

For the Council

The President

F. BODEN

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ANNEX I

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, aper-
ture 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.

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

Table 1

Species

Data requirements

Dissostichus eleginoides

Numbers and estimated total weight

Notothenia rossii

Other species

Biological data

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.

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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 sub-area 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 particpates in
the experimental harvest regime. Phase 2 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) Phase 1 shall be defined as a vessel’s a first 200 000 pot hours of effort at the start of its first fishing

season;

(ii) every vessel conducting Phase 1 shall expend its first 200 000 pot hours of effort within a total area

delineated by twelve 0,5H latitude by 1H 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 corner 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 0,5H latitude by 1H longitude blocks

prior to completing Phase 1;

(iv) during Phase 1, vessels shall not expend more than 30 000 pot hours in any single 0,5H latitude by

1H longitude block;

(v)

if a vessel returns to port before it has expended 200 000 pot hours in Phase 1, the balance of re-
maining 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 CCAMLR Scientific Committee and its Working Group on Fish Stock Assessment, shall
advise the CCAMLR on an appropriate experimental harvest strategy, Phase 2, for the following fishing
season. This advice shall include provisions for:

(i) requiring each vessel to expend approximately one month of experimental fishing effort during its

second season of participation in the experimental harvest regime; and

(ii) a data collection and submission policy appropriate to the experimental fishing strategy that is being

recommended.

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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 the 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. Fishing vessels shall participate in the experimental harvest regime independently (e.g. vessels may not

cooperate to complete phases of the experiment).

9. Crabs captured during the experimental regime shall be considered part of the prevailing TAC for the
current fishing season [e.g. for 1996/97, 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.

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Appendix to Annex II

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

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

sub-area 48.3.

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ANNEX III

MINIMUM MESH SIZE PROVIDED FOR IN ARTICLE 14

Species

Type of net

Notothenia rossii

Trawls, Danish seines and similar nets

Dissostichus eleginoides

Trawls, Danish seines and similar nets

Gobionotothen gibberifrons

Trawls, Danish seines and similar nets

Notothenia kempi

Trawls, Danish seines and similar nets

Lepidonotothen squamifrons

Trawls, Danish seines and similar nets

Champsocephalus gunnari

Trawls, Danish seines and similar nets

Minimum
mesh size

120 mm

120 mm

80 mm

80 mm

80 mm

90 mm

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ANNEX IV

MEASURES TO REDUCE THE INCIDENTAL MORTALITY OF SEABIRDS DURING
LONGLINE FISHING IN THE CCAMLR CONVENTION AREA, AND MEASURES PER-
TAINING TO THE USE OF NET MONITOR CABLES

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. For 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 metre intervals. Only thawed bait shall be used.

2. 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.

3. 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 on the opposite side of the vessel to that where
longlines are set or hauled.

4. Every effort should be made to ensure that birds captured alive during longlining are released alive and

that wherever possible hooks are removed without jeopardizing the life of the bird concerned.

5. 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.

6. 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.

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

8. 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.

Appendix attached.

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Appendix to Annex IV

1. 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.

2. 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.

3. 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.

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ANNEX V

INFORMATION TO BE SUBMITTED FOR AN EXPLORATORY FISHERY

1. To ensure that adequate information is made available to the CCAMLR’s Scientific Committee for evalu-

ation, during the period when a fishery is classified as exploratory:

(i) 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 the
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 the 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 authorizing 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 the 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 the
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 that necessary to obtain the information specified in the data collection plan and required to
make the evaluations outlined in Article 16 of the Regulation;

(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 biolo-
gical and other relevant data.

2. The data collection plan to be formulated and updated by the Scientific Committee shall include, where

appropriate:

(i) a description of the catch effort and related biological, ecological and environmental data required to
undertake the evaluations described in Article 16 of the Regulation and the date by which the agreed
data is to be annually reported to the CCAMLR;

(ii) 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.

3. 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) a description of how the Member State’s activities will comply with the data collection plan developed

by the Scientific Committee;

(ii) the nature of the exploratory fishery, including target species, methods of fishing, proposed region

and maximum catch levels proposed for the forthcoming season;

(iii) biological information from comprehensive research/survey cruises, such as distribution, abundance,

demographic data, and information on stock identity;

(iv) details of dependent and related species and the likelihood of them being affected by the proposed

fishery; and

(v)

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