Council Regulation (EC) No 2479/98 of 12 November 1998 amending Regulation (EC) No 66/98 laying down certain conservation and control measures applicable to fishing activities in the Antarctic
Date: 1998-11-12
Institutions: Council of the European Union
Subjects: Antarctica, conservation of fish stocks, crustacean, fishing area, fishing controls, fishing regulations

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2479/98

of 12 November 1998

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 2113/96 (1),
and in particular Article 21 thereof,

Having regard to the proposal from the Commission,

Whereas the Convention on the conservation of Antarctic
marine living resources, hereinafter referred to as ‘the
Convention', was approved by Decision 81/691/EEC (2)
and entered into force for the Community on 21 May
1982;

Whereas provision should be made whereby only those
vessels holding a special fishing permit issued in accord-
ance with Regulation (EC) No 1627/94 (3) are to be
allowed to carry out fishing activities;

Whereas the members of CCAMLR have agreed to apply
the conservation measures adopted on 7 November 1997,
on a provisional basis, without waiting for
them to
become binding, in view of the fact that some of the
conservation measures
seasons
fishing
commencing on or after 7 November 1997;

relate

to

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,

Considering the statement by the chairman of the confer-
ence on the conservation of Antarctic marine living
resources of 19 May 1980 attached to the Final Act of that
conference, and in particular paragraph 5 thereof;

HAS ADOPTED THIS REGULATION:

Whereas, at its annual meeting on 7 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 recom-
mendation of its Scientific Committee certain conserva-
tion and management measures in the CCAMLR conven-
tion area for the period from 7 November 1997 to 6
November 1998;

Whereas these conservation measures became binding as
from 10 May 1998;

(1) OJ L 6, 10. 1. 1998, p. 1.
(2) OJ L 252, 5. 9. 1981, p. 26.

Article 1

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

1. Article 2(1) shall be replaced by the following:

‘1. Only those vessels named in the list mentioned
fishing
in paragraph 2 and which have a special
permit issued in accordance with Article 7 of Regula-
tion (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.

(*) OJ L 171, 6. 7. 1994, p. 7.';

(3) OJ L 171, 6. 7. 1994, p. 7.

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2. Article 4 shall be amended as follows:

(a) in paragraph 3,

‘7 November 1997'

shall be

replaced by ‘6 November 1998';

(b) the following paragraphs shall be added:

‘4. Directed fishing of Dissostichus spp. in FAO
Antarctic sub-area 48.5 and FAO Antarctic divi-
sions 58.4.1 and 58.4.2 shall be prohibited from 7
November 1997 until 6 November 1998.

5. Directed fishing for Lepidonotothen squami-
frons in FAO Antarctic division 58.4.4 shall be
prohibited from 7 November 1997, except
for
scientific research purposes.

6. Directed fishing of Lepidonotothen squami-
frons, Notothenia rossii, Channichthys rhinocer-
atus or Bathyraja spp. in FAO Antarctic division
58.5.2 shall be prohibited from 7 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. in Article 5:

(a) paragraphs 2 and 3 shall be replaced by the

following:

The TAC of Dissostichus eleginoides is fixed

‘2.
at:

(a) 3 300 tonnes, in FAO Antarctic sub-area 48.3
from 1 April to 31 August 1998; or until the
catch is reached;

(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 tonnes,

in FAO Antarctic division
58.5.2 from 7 November 1997 to 6 November
1998.

If in the course of directed fishing for Dissostichus
eleginoides in FAO Antarctic division 58.5.2, 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 fish; or

(ii) is two tonnes or greater, then

the fishing vessel shall move to another fishing
location not closer than five nautical miles away.
The fishing vessel shall not return to within five
nautical miles of 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 discarded including those with “jelly-
meat” condition shall be reported. These fish will
count towards the TAC.

The TAC of Champsocephalus gunnari is
3.
fixed at 4 520 tonnes in FAO Antartic sub-area
48.3 from 7 November 1997 to 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 Champso-
cephalus 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 fish; or

(ii) is two tonnes or greater, then

the fishing vessel shall move to another fishing
location not closer than five nautical miles away.
The fishing vessel shall not return within five
nautical miles of the location in which the by-
catch exceed 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 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 shall be amended as follows:

(i) the words

‘from 2 November 1996 to 7
November 1997'
in the first and second
subparagraphs shall be replaced by ‘from 7
November 1997 to 6 November 1998';

(ii) the fourth subparagraph shall be replaced by

the following:

‘If, in the course of directed fishing for Elec-
trona carlsbergi, the by-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 of
fish, or

(ii) is two tonnes or greater,

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

(ii) in point (b), the words ‘from 2 November 1996
until 31 March 1997' shall be replaced by
‘from 7 November 1997 until 31 March 1998';

(iii) points (c) and (d) shall be deleted;

(c) the following point shall be added to paragraph 5:

(b) paragraph 5 shall be deleted;

‘(iii) In all directed fishing in FAO Antarctic divi-
sion 58.5.2 from 7 November 1997 to 6
November 1998:

— the by-catch of Lepidonotothen squami-
frons shall not exceed 325 tonnes,

— the by-catch of Channichthys rhinocer-

atus shall not exceed 80 tonnes,

7. in Article 16, the following paragraph shall be added:

‘Exploratory fishing in the CCAMLR convention area
shall be prohibited unless it has been authorised in
accordance with Annex V.';

8. Article 18 shall be replaced by the following:

— the by-catch of Bathyraja spp. shall not

‘Article 18

exceed 120 tonnes.

By-catches of any 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.';

Crab fishery is defined as all commercial harvest
activity where the target species is any member of the
crab group (order Decapoda, suborder Reptantia).';

(d) paragraph 6 shall be replaced by the following:

9. in Article 19:

Location in which the by-catch exceeds the
‘6.
rates referred to in this Article is defined as the
course followed by the fishing vessel from the
point where the gear was first deployed to the
point where it was brought back on board.';

4. Article 8 shall be amended as follows:

(a) point (a) shall be replaced by the following:

‘(a) crab in FAO Antarctic sub-area 48.3 from 7
November 1997 to 6 November 1998;';

(b) in point (b), the words ‘from 1 March to 31 August
1997' shall be replaced by ‘from 1 April 1997 to
31 August 1998';

(a) in paragraph 1(i), ‘1 March 1997' shall be replaced
by 1 April 1998 and point (iii) shall be deleted;

(c) point (c) shall be replaced by the following:

(b) in paragraph 2(i), all references to 1997 shall be

replaced by references to 1998;

‘(c) Champsocephalus gunnari in FAO Antarctic
sub-area 48.3 from 7 November 1997 to 31
March 1998;';

5. in Article 11(1) and (2), all references to 1997 shall be

replaced by references to 1998;

(d) in point (d), the words ‘from 2 November 1996
until 31 August 1997' shall be replaced by ‘from 7
November 1997 until 6 November 1998';

6. Article 12 shall be amended as follows:

(e) point (e) shall be deleted;

(a) in paragraph 1:

(i) in point (a), the words ‘from 2 November 1996
until 31 August 1997' shall be replaced by
‘from 7 November 1997 until 6 November
1998' and the words ‘commencing on 1 March
1997' shall be replaced by ‘from 1 April to 31
August 1998';

10. Annex I shall be replaced by the text appearing in

Annex I to this Regulation;

11. Annex II shall be deleted;

12. Annex IV shall be amended in accordance with the
amendments shown in Annex II to this Regulation.

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

Article 2

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

Done at Brussels, 12 November 1998.

For the Council

The President

E. HOSTASCH

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ANNEX I

‘ANNEX I

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

Biological data

Number and total estimated weight
Number and total estimated weight
Total estimated 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 sub-sample.

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.'

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ANNEX II

AMENDMENTS TO ANNEX IV

1.

In paragraph 2 the first sentence shall be 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).';

2. paragraph 3 shall be replaced by the following:

‘3. 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.';

3. paragraph 8 shall be deleted.