Proposal for a Council Regulation (EC) amending Regulation (EC) No 66/98 laying down certain conservation and control measures applicable to fishing activities in the Antarctic
Date: 1998-06-09
Institutions: European Commission
Subjects: Antarctica, conservation of fish stocks, environmental protection, fishing controls, fishing regulations

t^ 
ft"' 
ft 
ft ft 

"ft 
ft 

ft  ,-v 
ft' 

ft 

~|  COMMISSION OF THE EUROPEAN  COMMUNITIES 

\ 

I 

Brussels,  09.06.1998 

COM(1998) 346  final 

Proposal for a 
COUNCIL REGULATION  (EC) 

amending Regulation (EC) No 66/98 laying down certain  conservation 
and control measures applicable to fishing activities in the Antarctic 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

This  proposal  concerns  the  international  obligations  of  the  European  Community  with 
regard to the conservation of Antarctic marine living resources. 

At  its  annual  meeting  on  8 November  1997,  the  Commission  for  the  Conservation  of 
Antarctic  Marine  Living  Resources  (CCAMLR)  adopted  conservation  and  management 
measures  in  the  CCAMLR  convention  area  for  the  period  from  8  November  1997  to 
6 November  1998. The purpose  of this proposal  is to  include these  recommendations  in 
the Community's legislation. 

It is proposed to apply all the measures concerning: 

the obligation of the Contracting Parties to issue fishing  permits to the vessels they 
authorize to fish in the CCAMLR convention area; 

the catch restrictions applicable to certain species; 

the prohibition on directed fishing of certain species; 

the reduction of incidental mortality of seabirds during longline fisheries. 

These  conservation  measures  will  become  binding  from  11  May  1998  unless  the 
Contracting Parties raise any objections. 

The Commission proposes that the Council adopt this Regulation. 

Proposal for a 
COUNCIL REGULATION  (EC) 

amending Regulation (EC) No 66/98 laying down certain  conservation 
and control measures applicable to fishing activities in the Antarctic 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to 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 2113/961,  and in particular Article 21 thereof, 

Having regard to the proposal from the Commission2, 

Whereas  the  Convention  on  the  Conservation  of  Antarctic  Marine  Living  Resources, 
hereinafter  called "the Convention", was approved by Council Decision 81/691 /EEC3 and 
entered into force for the Community on 21 May 1982; 

Whereas,  at  its  annual  meeting  on  8  November  1997,  the  Commission  for  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  and  management  measures  in  the  CCAMLR 
convention area for the period from 8 November  1997 to 6 November  1998; 

Whereas these conservation measures will become binding as from 11 May  1998; 

Whereas provision  should be made whereby  only those vessels holding  a special fishing 
permit issued in accordance with Council Regulation (EC) No  1627/944 are to be allowed 
to carry out fishing activities; 

Whereas  the  members  of  CCAMLR  have  agreed  to  apply  the  conservation  measures 
adopted on 8 November  1997, 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 commencing on or after  8 November  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 fishing vessels flying the flag 
of a Member State with effect from the dates fixed; 

Whereas Regulation (EC) No 66/98 should therefore be amended  accordingly, 

1  OJ L 6,  10.1.1998, p. 1. 
2  OJ 
3  OJL252,  5.9.1981, p. 26. 
4  OJL  171, 6.7.1994, p. 7. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 66/98 is amended as follows: 

1.  Article 2(1) is replaced by the following: 

"1.  Only those vessels named  in the  list mentioned  in paragraph  2 which have a 
special fishing  permit issued in accordance with Article 7 of Regulation  (EC) 
No  1627/94  by the Member  State whose flag they fly shall have the right to 
carry out fishing activities in the area defined  in Article 1. 

OJL  171, 6.7.1994, p. 7." 

2.  Article 4 is amended as follows: 

(a) 

In paragraph 3, "7 November  1997" is replaced by "6 November  1998". 

(b)  The following paragraphs are added: 

"4.  Directed  fishing  of  Dissostichus  spp  in  FAO  Antarctic  sub-area  48.5 
and FAO Antarctic divisions 58.4.1 and 58.4.2  shall be prohibited  from 
8 November  1997 until 6 November  1998. 

5.  Catches  of  Lepidonotothen 

in  FAO  Antarctic 
division 58.4.4  shall  be  prohibited  from  8 November  1997, except  for 
scientific research purposes. 

squamifrons 

6.  Directed  fishing  of  Lepidonotothen  squamifrons,  Notothenia  rossii, 
Chanichthys  rhinoceratus  or  Bathyraja  spp 
in  FAO  Antarctic 
division 58.5.2  shall  be  prohibited  from  8  November  1997  until 
6 November  1998. 

7.  Directed fishing of D. mawsoni in FAO Antarctic sub-area 48.4 shall be 

prohibited, except for scientific research purposes." 

3.  Article 5 is amended as follows: 

(a)  Paragraphs 2 and 3 are replaced by the  following: 

"2.  The TAC of Dissostichus eleginoides is fixed at: 

(a) 

3  300  tonnes,  in  FAO  Antarctic  sub-area  48.3  from  1 April  to 
31 August 1998; 

(b)  28  tonnes,  in  the  FAO  Antarctic  sub-area  48.4  from  1 April  to 
31 August  1998 or until the TAC specified  in (a) is reached; 

(c) 

3  700 
8 November 1997 to 6 November 1998. 

tonnes, 

in  FAO  Antarctic  division  58.5.2  from 

If  in  the  course  of  directed  fishing  for  Dissostichus  eleginoides,  the 
by-catch  in  any  one  haul  of  any  of  the  species  Lepidonotothen 
squamifrons,  Notothenia  rossii,  Channichthys  rhinoceratus  or 
Bathyraja spp.\ 

(i) 

is  greater  than  100  kg  and  exceeds  5%  of  the  total  catch  by 
weight of all the species offish, or 

(ii) 

is two tonnes or greater, 

the fishing vessel shall move to another fishing location not closer than 
five  nautical  miles  away.  The  fishing  vessel  shall  not  return  to  the 
location  in  which  the  by-catch  exceeded  5% for  a  period  of  at  least 
five days. 

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  4  520  tonnes 
to 

from  8  November  1997 

sub-area  48.3 

in FAO Antarctic 
31 March 1998. 

Directed  fishing  for  Champsocephalus gunnari  in  FAO  Antarctic 
sub-area 48.3  shall be closed,  if the by-catch  of  any  species  named in 
paragraph 5(i) below exceeds the fixed limits. 

If,  in  the  course  of  directed  fishing  for  Champsocephalus  gunnari, 
the by-catch  in  any  one  haul  of  any  of  the  species  named  in 
paragraph 5(i) below: 

(i) 

is  greater  than  100  kg  and  exceeds  5%  of  the  total  catch  by 
weight of all the species offish, or 

(ii) 

is two tonnes or greater, 

the fishing vessel  shall move to another fishing location not closer than 
five nautical  miles  away.  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. 

If the by-catch of Champsocephalus gunnari  in any one haul is  greater 
than  100 kg  and more than  10% of  the  fish  are  smaller  than  24  cm  in 
total  length,  the  fishing  vessel  shall  move  to  another  fishing  location 
not  closer  than  five  nautical  miles  away.  It  shall  not  return  to  the 
location  in  which  the  by-catch  of  Champsocephalus  gunnari  being 
smaller than 24 cm in total length exceeded  10% for a period  of at least 
five days." 

(b)  Paragraph 4 is amended as follows: 

(i) 

the  words  "from  2 November  1996  to  7 November  1997"  in  the  first 
and  second  subparagraphs  are replaced  by  "from  8 November  1997 to 
6 November 1998". 

(ii) 

the fourth  subparagraph is replaced by the  following: 

"If,  in the course of directed fishing for  Electrona  carlsbergi, the catch 
in  any  one  haul  of  any  species  other  than  the  target  species  named  in 
paragraph 5(i): 

(i) 

is greater than  100 kg and exceeds  5% of the total catch by weight 
of all the species offish,  or 

(ii)  is two tonnes or greater, 

the fishing  vessel shall move to another fishing location not closer than 
five nautical  miles  away. It  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." 

(c)  The following point is added to paragraph 5: 

"(iii)  In  all  directed  fishing  in  FAO  Antarctic  division  58.5.2  from 

8 November  1997 to 6 November  1998: 

the  by-catch  of  Lepedonotothen  squamifrons  may  not  exceed 
325 tonnes, 

the  by-catch  of  Channichthys  rhinoceratus  may  not  exceed 
80 tonnes, 

the by-catch of Bathyraja spp may not exceed  120 tonnes. 

By-catches  of  all  species  of  fish  not  referred  to  in  the  previous 
subparagraph  and  for  which  no  other  catch  restrictions  apply  may  not 
exceed 50 tonnes in FAO Antarctic division 58.5.2". 

(d)  Paragraph 6 is replaced by the  following: 

"6.  Location  in  which  the  by-catch  exceeds  the  rates  referred  to  in  this 
Article" means the course followed  by the fishing vessel from the point 
where  the  gear  was  deployed  to  the  point  where  it  was  brought  back 
on board." 

4.  Article 8 is amended as follows: 

(a) 

In  paragraph  l(i),  "1  March  1997"  is  replaced  by  "1  April  1998"  and 
point (iii) is deleted. 

(b) 

In paragraph 2(i), all references to 1997 are replaced by references to 1998. 

5. 

In Article 11(1) and (2), all references to 1997 are replaced by references to 1998. 

6.  Article 12 is amended as follows: 

(a)  Paragraph 1  is amended as follows: 

(i) 

in point (a), the words "from 2 November  1996 until 31 August  1997" 
are  replaced  by  "from  8  November  1997  until  6  November  1998" 
and the  words  "commencing  on  1  March  1997"  are  replaced  by 
"from 1  April to 31 August 1998"; 

(ii) 

in point (b), the words "from 2 November  1996 until  31 March 1997" 
are replaced by "from 8 November 1997 until 31 March 1998"; 

(iii)  points (c) and (d) are deleted. 

(b) 

Paragraph 5 is deleted. 

7. 

In Article  16, the following paragraph is added: 

"The  exercise  of  exploratory  fishing  in  the  CCAMLR  convention  area  shall  be 
prohibited unless it has been authorized in accordance with Annex V." 

8.  Article 18 is replaced by the following: 

"Article 18 

Crab fishery means  all  commercial  harvest  activity  where  the  target  species  is  a 
member of the crab group (order Decapoda, suborder Reptantia)." 

9. 

In Article 19: 

(a)  Point (a) is replaced by the following: 

"(a)  crab  in  FAO  Antarctic  sub-area  48.3  from  8  November  1997  to 

6 November 1998". 

(b) 

In point  (b), the words  "from  1 March to  31  August  1997" are replaced by 
"from 1  April 1997 to 31 August 1998". 

(c)  Point (c) is replaced by the following: 

"(c)  Champsocephalus gunnari  in  FAO  Antarctic  sub-area  48.3  from 

8 November 1997 to 31 March 1998." 

(d) 

In  point  (d), the  words  "from  2 November  1996  until  31  August  1997"  are 
replaced by "from  8 November  1997 until 6 November  1998". 

(e)  Point (e) is deleted. 

10.  Annex I is replaced by the text shown in Annex I to this Regulation. 

11.  Annex II is deleted. 

12.  Annex  IV  is  amended  in  accordance  with  the  amendments  shown  in  Annex  II  to 

this Regulation. 

Article 2 

This Regulation shall enter into force on the seventh day following  that of 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 

"ANNEX I 

ANNEX ï 

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

Catch and effort data: 

Description of voyage 

Voyage code, vessel code, permit number, year. 

Pot description 

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

Effort description 

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 description 

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

Table 1 : 

Information to be declared for by-catch species in the crab  fishery 
in FAO Antarctic sub-area 48.3 

Species 

Data to be declared 

Dissostichus eleginoides 
Notothenia rossii 
Other species 

Number and total estimated weight. 
Number and total estimated weight. 
Total estimated weight. 
: 

:  , 

Biological data: 

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. 

Description of voyage 

Voyage code, vessel code, permit number. 

Sample description 

Date, position at start of the set, compass bearing 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 number of the pot from which the crab comes." 

ANNEX II 

AMENDMENTS TO ANNEX IV 

In paragraph 2, the first sentence is replaced by: 

"Longlines  shall be set at night only (i.e. during the hours of darkness between the 
times  of  nautical  twilight;  the  times  of  twilight  can  be  found  in  the  tables  in  the 
nautical  almanac  for  all  latitudes  and  local  times  for  all  days.  All  the  times 
mentioned,  whether  for  the  vessel's  operations  or  observers'  declarations,  must  be 
given with an indication of the difference  to GMT)". 

Paragraph 3 is replaced by the  following: 

"The dumping of offal  at sea while longlines are being  set shall be prohibited.  The 
dumping  of offal  should be  avoided  while  longlines  are being hauled.  If  discharge 
of  offal  during  hauling  is  unavoidable,  this  discharge  shall  take  place  on  the 
opposite side of the vessel to that where longlines are set or hauled." 

Paragraph 8 is deleted. 

10 

ISSN 0254-1475 

COM(98) 346  final 

DOCUMENTS 

EN 

03  06  07  11 

Catalogue number  :  CB-CO-98-357-EN-C 

ISBN 92-78-36883-0 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

syn