Proposal for Council Regulation laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources
Date: 2002-07-03
Institutions: European Commission
Subjects: Antarctica, conservation of fish stocks, fishing area, fishing controls, fishing regulations, fishing vessel, international convention, marine life, protection of animal life, protection of plant life

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Proposal for Council Regulation laying down certain technical measures applicable to fishing
activities in the area covered by the Convention on the conservation of Antarctic marine living
resources

(2002/C 262 E/17)

COM(2002) 355 final — 2002/0138(CNS)

(Submitted by the Commission on 3 July 2002)

EXPLANATORY MEMORANDUM

The Community has been a Contracting Party to the Convention on the conservation of Antarctic marine
living resources since 1981. It is required to transpose the measures for the conservation and management
of fish stocks referred to in the Convention into Community law.

The conservation and management measures adopted by the Commission for the conservation of Antarctic
marine living resources (CCAMLR) include numerous rules on the technical specifications applicable to
fishing activities. To date most of these measures have been transposed into Community law by 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 (OJ L 6,
10.1.1998, p. 1).

The arrangements for the control of fishing activities in the Convention area were transposed by Council
Regulation (EEC) No 3943/90 of 19 December 1990 on the application of the system of observation and
inspection established under Article XXIV of the Convention on the Conservation of Antarctic Marine
Living Resources (OJ L 379, 31.12.1990, p. 45). This Regulation covers inspection at sea and scientific
observation by observers on board fishing vessels for the purpose mainly of evaluating stocks.

These two instruments need to be updated to bring them into line with the amendments to the corre-
sponding CCAMLR measures, which have been especially important over the last four years (CCAMLR
meetings XVII — 1998 to XX — 2001). Already in 1998, the limits and prohibitions on catches (along
with certain measures regulating even fishing for certain species covered by the Convention) were
transposed as part of the annual TACs and quotas exercise, whereas these limits previously formed part
of Regulation (EC) No 66/98, referred to above. With regard to the other measures in that Regulation,
major changes have been made within the CCAMLR to the technical measures transposed by it (Article 6
— fishing gear, Article 14 — mesh sizes, Article 19 — scientific observation, and Article 20 — use of
plastic packaging bands). Lastly, the CCAMLR has adopted, since 1998, new technical measures concerning
fishing activities in the exploratory crab and squid fisheries, and the reduction of the incidental mortality of
seabirds and marine mammals.

Turning to the control system, the CCAMLR has introduced changes designed mainly to distinguish
between inspection activities and scientific observation focusing on data collection with a view mainly
to evaluating stocks. The scientific observation scheme falls within the technical rather than the control
sphere. For that reason, the separation adopted by the CCAMLR is justified and facilitates the transposition
of the scientific observation scheme under this Regulation.

The Commission is intending to bring together in a single instrument
the provisions
concerning technical measures applying to fishing by Community vessels in the Convention area. The
proposal which follows is made up of five Chapters:

therefore all

— General provisions;

— Fishing gear;

— Conduct of fishing activities;

— Scientific observation on board vessels operating in the Convention area;

— Final provisions.

This proposal will be presented at the same time as a draft Regulation on the control measures applicable
to fishing activities in the Convention area.

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It should be noted that it contains rules for determining minimum mesh sizes which are normally included
in the rules on the control of fishing activities. Their inclusion in this instrument reflects the fact that the
concept of technical rules used in Community law (see Directive 98/34/EC on technical standards and
regulations) comprises not only the technical specifications that must be met by products (in this case
gear), but also the procedures for checking the compliance of those products with the mandatory technical
specifications. Moreover, implementation of this type of control is much broader in scope than that of
inspections at sea and in port covered by the ‘control’ proposal.

The two proposals make use of ‘the Committee procedures’ introduced by Council Decision 1999/468/EC
of 28 June 1999. The management procedure under Article 4 of that Decision is included for the adoption
of measures needed to implement certain parts of the arrangements, while the regulatory procedure under
Article 5 is included for the amendment of the Annexes.

The Commission proposes therefore that the Council adopt the attached Regulation.

THE COUNCIL OF THE EUROPEAN UNION,

purpose of collecting data. These measures are binding on
the Community and should therefore be implemented.

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The Convention on the Conservation of Antarctic Marine
Living Resources, hereinafter called ‘the Convention’, was
approved by
the Community by Council Decision
81/691/EEC (1) and entered into force in the Community
on 21 May 1982.

(2) The Convention provides a framework for regional coop-
eration in the conservation and management of Antarctic
marine living resources through the establishment of a
Commission for the Conservation and Management of
Antarctic Marine Living Resources, hereinafter called the
‘CCAMLR’, and the adoption by the latter of conservation
measures which become binding on the Contracting
Parties.

(3) The CCAMLR has adopted certain measures for the conser-
vation and management of fish stocks which lay down,
among other things, technical rules that apply to certain
fishing activities in the area covered by the Convention.
The measures include stipulations concerning the use of
certain types of fishing gear, the banning of certain types
of equipment regarded as harmful to the environment, the
reduction of the harmful effect of fishing on species such as
seabirds and marine mammals and the activities of
the
scientific observers on board fishing vessels

for

(4) Some of the technical measures adopted by the CCAMLR
have been transposed by Council Regulation (EEC)
No 3943/90 of 19 December 1990 on the application of
the system of observation and inspection established under
Article XXIV of the Convention on the Conservation of
Antarctic Marine Living Resources (2), and by 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 Regu-
lation (EC) No 2113/96 (3).

(5) The adoption by the CCAMLR of new conservation
measures and the updating of those already in force since
the above Regulations were adopted means that the latter
need to be amended.

(6) In order to ensure that Community rules are clearer, the
measures for the control of fishing activities and those
falling within the technical field should be transposed sepa-
rately. For that reason Regulations (EEC) No 3943/90 and
(EC) No 66/98 have been repealed by Council Regulation
laying down certain control measures
(EC) No . . .
applicable to fishing activities in the area covered by the
Convention on the conservation of Antarctic marine living
resources and repealing Regulations (EEC) No 3943/90,
(EC) No 66/98 and (EC) No 1721/1999,
and the
should be supplemented by
Community arrangements
this Regulation. This is without prejudice to the inclusion
of certain technical measures specific to certain exploratory
fisheries in the Regulations adopted by the Community
annually
to
Community vessels and the conditions associated with
them (the annual ‘TACs and quotas’ Regulations).

possibilities

allocated

fishing

the

on

(1) OJ L 252, 5.9.1981, p. 26.

(2) OJ L 379, 31.12.1990, p. 45.
(3) OJ L 6, 10.1.1998, p. 1.

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be

should

adopted

(7) Since the measures necessary for implementing this Regu-
lation are management measures within the meaning of
Article 2 of Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (1),
the
they
in accordance with
management procedure laid down in Article 4 of
that
Decision. The measures needed to bring the Annexes into
line with the regular amendments to the technical measures
adopted by the CCAMLR pursuant to the Convention are
management measures within the meaning of Article 2 of
the above Decision and should therefore be adopted in
accordance with the regulatory procedure laid down in
Article 5 of the Decision,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Object and scope

division. A rectangle is defined by the latitude of its most
northerly limit and the longitude of its nearest 0° limit;

(e)

‘new fishery’: a fishery for a species using a particular
fishing method in a FAO Antarctic sub-area, for which:

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

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

CCAMLR; or

(iii) catch and effort data from the two most recent seasons
in which fishing took place have never been submitted
to the CCAMLR;

(f)

‘exploratory fishery’: a fishery that was previously classified
as a ‘new fishery’ as defined in point (e). An exploratory
fishery shall continue to be classified as such until sufficient
information is available:

1.
This Regulation lays down technical measures concerning
the activities of Community fishing vessels which take and
keep on board marine organisms taken from marine living
resources in the area covered by the Convention on the
Conservation of Antarctic Marine Living Resources, hereinafter
called ‘the Convention’.

(i) to evaluate the distribution, abundance and population
leading to an estimate of the

of the target species,
fishery's potential yield;

(ii) to review the fishery's potential impacts on dependent

and related species, and

This Regulation shall be without prejudice

2.
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.

(iii) 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.

Article 2

Definitions

For the purposes of this Regulation, the following definitions
shall apply:

(a)

‘Convention area’: the area of application of the Convention
as defined in Article I thereof;

(b)

(c)

‘Antarctic convergence’: a line joining the following points
along parallels of latitude and meridians of longitude: 50° S,
80° E–55° S,
0°–50° S,
80° E–55° S, 150° E–60° S, 150° E–60° S, 50° O–50° S,
50° O–50° S, 0°;

30° E–45° S,

30° E–45° S,

‘Community fishing vessel’: a fishing vessel flying the flag
of a Community Member State and registered in the
Community which takes and keeps on board marine
organisms taken from marine living resource from the
Convention area;

(d)

‘fine-scale rectangle’: an area 0,5° latitude by 1° longitude
from the north-west angle of the sub-area or statistical

(1) OJ L 184, 17.7.1999, p. 23.

CHAPTER II

FISHING GEAR

Article 3

Mesh sizes

No trawl, Danish seine or similar net, any part of which
1.
is composed of meshes of a size smaller than the minimum
mesh sizes laid down in Annex I hereto, shall be used when
engaging in directed fishing for the species or groups of species
below:

— Champsocephalus gunnari

— Dissostichus eleginoides

— Gobionotothen gibberifrons

— Lepidonotothen squamifrons

— Notothenia rossii

— Notothenia kempi.

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The use of any means or device which would obstruct or

2.
diminish the size of the meshes is prohibited.

2. Without prejudice to paragraph 8, longlines shall be set
at night only.

Article 4

Control of mesh sizes

Where possible, the setting of lines shall be completed at least
three hours before sunrise.

For the nets referred to in Article 3, the minimum mesh size
provided for in Annex I shall be determined in accordance with
the rules laid down in Annex II.

During longline fishing at night, only the minimum ship's
lights necessary for safety shall be used.

Article 5

Crab fisheries

1.

The fishery for crab shall be conducted using pots only.

The crab fishery shall be limited to sexually mature male
2.
crabs — all female and undersized male crabs caught shall be
released unharmed. In the case of Paralomis spinosissima and
Paralomis formosa, males with a minimum carapace width of
94 and 90 mm, respectively, may be retained in the catch.

3.
Crabs processed at sea shall be frozen as crab sections so
that the size of the crabs can be determined later from the
sections.

Article 6

Use

and disposal of plastic packaging bands on

Community fishing vessels

The use by Community fishing vessels of plastic

1.
packaging bands to secure bait boxes is prohibited.

The use of other packaging bands for other purposes on
fishing vessels which do not use on-board incinerators
(closed systems) is prohibited.

2.
Any packaging bands, once removed from packages, shall
be cut so that they do not form a continuous loop and burned
at the earliest opportunity in the on-board incinerator.

All plastic residue shall be stored on board a vessel until

3.
reaching port and in no case discarded at sea.

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
19(2).

Article 7

Incidental mortality of seabirds in the course of longline
fishing

Fishing operations shall be conducted in such a way that
1.
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 shall be released before line tension occurs;
weights of at least 6 kg shall be used, spaced at intervals of
no more than 20 m. Only thawed bait shall be used.

3.
The dumping of fish waste overside is prohibited while
longlines are being set. The dumping of waste during the haul
shall be avoided as far as possible. Where dumping during the
haul is unavoidable it shall take place only on the opposite side
of the vessel to where longlines are set or hauled.

Every effort shall be made to ensure that birds captured
4.
alive during longlining are released alive and that where
possible hooks are removed without jeopardising 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. A
detailed description of the streamer line and its method of
deployment is given in Annex III. Details of the construction
relating to the number and placement of swivels may be varied
so long as the effective sea surface covered by the streamers is
no less than that covered by the model shown in Annex III.
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 streamer lines may be
tested on vessels carrying two observers, at least one appointed
International
in accordance with the CCAMLR Scheme of
Scientific Observation, providing that
laid
down in paragraphs 1 to 5 and 7 are met.

the conditions

The use of net guiding cables on fishing vessels in the

7.
Convention area is prohibited.

8.
The requirement to set longlines at night provided for in
paragraph 2 shall not apply to fishing in FAO sub-areas 48.6,
south of 60° S, 88.1 and 88.2, provided that on the issue of the
licence for this fishery the vessel concerned can demonstrate to
the competent authorities its ability to comply fully with either
of the exploratory protocols for the setting of longlines set out
in Annex IV, and to ensure the presence of one scientific
observer.

9.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
17(2).

Article 8

Incidental mortality of seabirds and marine mammals in
the course of trawl fishing

1.

The use of net monitor cables is prohibited.

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Community fishing vessels shall at all times arrange the
2.
location and level of lighting so as to minimise illumination
directed out from the vessel, consistent with the safe operation
of the vessel.

(b) the precise geographic position of a haul

in longline
fisheries shall be determined by the centre-point of the
line or lines deployed.

The dumping at sea of fish waste shall be prohibited

3.
during the shooting and hauling of trawl gear.

For the purposes of the first subparagraph, a haul comprises a
single deployment of the trawl net. In longline fisheries, a haul
comprises the setting of one or more lines in a single location.

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
19(2).

CHAPTER III

CONDUCT OF FISHING ACTIVITIES

Article 9

Limiting of by-catches

In the case of fisheries other than new or exploratory
1.
ones, Community fishing vessels shall move in relation to the
level of their by-catches in accordance with Annex V, point A.

2.
In the case of new and exploratory fisheries, Community
vessels shall be subject to the by-catch limits laid down in
Annex V, point B, and to the rules
laid down therein
concerning the movement of vessels in relation to the level
of their by-catches.

Article 10

Special measures applicable to the exploratory fisheries
for Dissostichus spp.

vessels

fishing

Community

1.
the
exploratory fishery for Dissostichus spp. using the trawl or
longline methods in the Convention area, except
for such
fisheries where the CCAMLR has given specific exemptions,
shall operate in accordance with the rules set out below.

participating

in

Fishing shall take place over as large a geographical and
2.
bathymetric range as possible. To this end,
fishing in any
fine-scale rectangle shall cease when the reported catch
reported in accordance with Article 12 of Regulation (EC)
No . . . (1) reaches 100 tonnes and that rectangle shall be
closed to fishing for the remainder of the season. Fishing in
any fine-scale rectangle shall be restricted to one vessel at any
one time.

3.

In order to give effect to paragraph 2 above:

(a) the precise geographic position of a haul in trawl fisheries
shall be determined by the mid-point of the path between
the start-point and end-point of the haul;

(1) Insert reference to the ‘control’ Regulation once it has been adopted.

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
19(2).

Article 11

Special measures applicable to the fishery for Champso-
cephalus gunnari in FAO sub-area 48.3

The fishery for Champsocephalus gunnari in sub-area 48.3
1.
shall be conducted by vessels using trawls only. The use of
bottom trawls in the directed fishery for Champsocephalus
gunnari in that sub-area is prohibited.

Fishing for Champsocephalus gunnari shall be prohibited
2.
within 12 nautical miles of
the coast of South Georgia
during the period between 1 March and 31 May 2002
(spawning period).

3. Where any haul contains more than 100 kg of Champ-
socephalus gunnari, and more than 10 % of the Champsocephalus
gunnari by number are smaller than 240 mm total length, the
fishing vessel shall move to another fishing location at least
five nautical miles distant. The fishing vessel shall not return to
any point within five nautical miles of the location where the
catch of small Champsocephalus gunnari exceeds 10 % for a
period of at least five days. The location where the incidental
catch of small Champsocephalus gunnari exceeds 10 % is defined
as the path followed by the fishing vessel from the point at
which the fishing gear is first deployed to the point at which
the fishing gear is retrieved by the fishing vessel.

4. When a vessel has caught a total of 20 seabirds, it shall
cease fishing and shall be excluded from further participation
in the fishery in that season.

5.
Vessels participating in this fishery during the period
1 March to 31 May shall carry out not less than 20 research
trawls as described in Annex VI.

6.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
19(2).

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CHAPTER IV

SCIENTIFIC OBSERVATION ON BOARD VESSELS OPERATING
IN THE CONVENTION AREA

Scientific observers shall be nationals of the Member State
3.
which designates them. They shall comply with the customs
and rules in force on the vessel on which they make their
observations.

Article 12

Object and scope

The scientific observation system adopted by the CCAMLR
in
under Article XXIV of
accordance with
to
provisions
Community fishing vessels and vessels flying the flag of a
CCAMLR member carrying on fishing and research operations
in the Convention area.

the Convention shall apply,
this Chapter,

the

of

to be observed,

Scientific observers shall be familiar with the scientific
4.
research activities
the
Convention and the measures adopted under the Convention,
and shall have received adequate training to carry out their
duties competently. They shall,
in addition, be able to
communicate in the language of the flag State of the vessels
on which they carry out their activities.

the provisions of

Article 13

Activities subject to scientific observation

During each fishing period Community fishing vessels
least one scientific observer when

1.
shall carry on board at
fishing for:

(a) Champsocephalus gunnari

in FAO Antarctic sub-area 48.3

and FAO Antarctic division 58.5.2;

(b) crab in FAO sub-area 48.3;

(c) Dissostichus eleginoides in FAO Antarctic sub-areas 48.3 and

48.4 and in FAO Antarctic division 58.5.2;

Scientific observers shall carry a document identifying

5.
them as CCAMLR scientific observers.

shall present

Scientific observers

to the CCAMLR,
6.
through the Member State which designated them, and at the
latest one month after the end of the observation period or
after the return of the observers to their country of origin, a
report on each observation visit carried out. A copy shall be
the vessel concerned and to the
sent
Commission.

to the flag State of

7.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
19(2).

Article 15

(d) Dissostichus mawsoni in FAO Antarctic sub-area 48.4; or

Agreements on the placing of observers on board vessels

(e) Martialia hyadesi in FAO Antarctic sub-area 48.3.

Community fishing vessels shall also carry on board at
2.
least one
in an
scientific observer when participating
exploratory fishery as referred to in Article 10 of this Regu-
lation, in another exploratory fishery authorised in accordance
with Article 7 of Regulation (EC) No . . . (1) or in the scientific
research activities referred to in Article 8 of that Regulation.

1.
The placing of scientific observers on board Community
research
fishing vessels
operations shall take place in accordance with the bilateral
agreements concluded to that end with another CCAMLR
member.

conducting fishing or

scientific

The bilateral agreements referred to in paragraph 1 shall

2.
be based on the following principles:

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
19(2).

(a) Scientific observers shall be accorded the status of ship's
officer while on board. Accommodation and meals
provided for observers while on board shall correspond
to that status.

Article 14

Scientific observers

1. Member States shall designate scientific observers auth-
orised to carry out the tasks associated with the implemen-
tation of the observation system adopted by the CCAMLR in
accordance with this Regulation.

(b) CCAMLR members which carry scientific observers on
board vessels flying their flag (hereinafter called the ‘host
countries’) shall ensure that
those responsible for their
vessels provide scientific observers with every assistance
in carrying out
their duties. Among other things they
shall have free access to the ship's data and operations in
order to be able to carry out
their duties as scientific
observers as required by the CCAMLR.

The duties and tasks of scientific observers carried on

2.
board vessels are set out in Annex VII hereto.

(1) Insert reference to the ‘control’ Regulation once it has been adopted.

(c) The host countries shall take appropriate action to ensure
the safety and well-being of scientific observers in carrying
out their duties on board their vessels, to provide medical
care for them and to safeguard their freedom and dignity.

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(d) Action shall be taken to enable scientific observers to send
and receive messages using the vessel's communications
equipment and with the assistance of the operator. All
moderate costs incurred in making these communications
shall, in principle, be met by the CCAMLR member which
designated the scientific observers (hereinafter called the
‘designating country’).

(e) Action to take on board and carry scientific observers shall
be taken so as not to inconvenience fishing and research
operations.

(f) The scientific observers shall provide the masters concerned

with a copy of their reports, if they so wish.

(g) Designating countries

scientific
observers are covered by insurance that is recognised by
the parties concerned.

shall ensure that

their

(h) Designating countries shall be responsible for the transfer
of scientific observers to and from the places of embar-
kation.

(i) Save as otherwise provided, equipment, clothing and salary
and any allowances for scientific observers shall, as a rule,
be the responsibility of
the designating country while
accommodation and meals on board shall be that of the
vessel of the host country.

Detailed rules for the application of this Article shall be
3.
adopted in accordance with the procedure laid down in Article
19(2).

Article 16

Reporting of information

1. Member States which have designated scientific observers
the observation
shall provide the CCAMLR with details of
programmes at the earliest opportunity and not later than
the signing of each bilateral agreement referred to in Article
11. The following information shall be provided for each
observer:

(a) date of signing of the agreement;

(b) name and flag of the vessel taking on board observers;

(c) Member State responsible for designating observers;

(d) fishing area (zone, sub-area, CCAMLR statistical division);

(e) type of data collected by observers and presented to the
target species, biological
(by-catch,

CCAMLR secretariat
data, etc.);

(f) dates

set
programme; and

for

the start and end of

the observation

(g) date set for the return of observers to their country of

origin.

Detailed rules for the application of this Article shall be
2.
adopted in accordance with the procedure laid down in Article
19(2).

CHAPTER V

FINAL PROVISIONS

Article 17

Amendment of annexes

Annexes I to VII shall be amended in line with the conser-
vation measures that become binding on the Community, in
accordance with the regulatory procedure referred to in Article
19(3).

Article 18

Implementation

The measures necessary for implementing Articles 6, 7, 8, 10,
11, 13, 14, 15 and 16 of this Regulation shall be adopted in
accordance with the management procedure referred to in
Article 19(2).

Article 19

Committee

The Commission shall be assisted by the Committee set
(EEC)
under Article

of Council Regulation

17

1.
up
No 3760/92 (1).

reference

2. Where
the
management procedure provided for in Article 4 of Decision
1999/468/EC shall apply, subject to the provisions of Article 7
thereof.

to this paragraph,

is made

The period referred to in Article 4(3) of Decision 1999/468/EC
shall be [one] month.

3. Where reference is made to this paragraph, the regulatory
procedure provided for in Article 5 of Decision 1999/468/EC
shall apply, subject to the provisions of Article 7 thereof.

The period referred to in Article 5(6) of Decision

4.
1999/468/EC shall be [one] month.

Article 20

Entry into force

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

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

(1) OJ L 389, 31.12.1992, p. 1.

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MINIMUM MESH SIZE WITHIN THE MEANING OF ARTICLE 3(1)

ANNEX I

Species

Type of net

Minimum mesh size

Notothenia rossii

Trawls, Danish seines and similar nets

Dissostichus eleginoides

Trawls, Danish seines and similar nets

Goibionotothe 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

120 mm

120 mm

80 mm

80 mm

80 mm

90 mm

RULES FOR DETERMINING MINIMUM MESH SIZES WITHIN THE MEANING OF ARTICLE 4

ANNEX II

A. Description of gauges

1. 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.

2. 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

1. The net shall be stretched in the direction of the long diagonal of the meshes.

2. 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.

3. 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

1. The portion of net to be measured shall form a series of 20 consecutive meshes running in the direction of the

long axis of the net.

2. Meshes situated 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.

3. By way of derogation from 1, the meshes to be measured need not be consecutive if the conditions set out in 2

apply.

4. 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.

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E. Determination of the mesh size of the net

The mesh size of the net shall be the arithmetical mean, in millimetres, of the measurements of the total number of
meshes selected and measured as provided for in points C and D, the arithmetical mean being rounded off to the
nearest millimetre.

The total number of meshes to be measured is specified in point F.

F. Sequence of inspection procedure

1. 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, taking into account the 60 meshes already measured. Without prejudice
to 2 this shall be the mesh size of the net.

2. If the master of the vessel contests the mesh size determined in accordance with 1, such measurement shall not
be considered for the determination of the mesh size and the net shall be remeasured, using a weight or
dynamometer attached to the gauge 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 1 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, only one series of 20 meshes
shall be measured wherever a weight or dynamometer is used.

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ANNEX III

DETAILED DESCRIPTION OF THE STREAMER LINE REFERRED TO IN ARTICLE 7(5) AND METHOD OF
DEPLOYMENT

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 vessel even in cross winds.

3. At 5 m intervals commencing from the point of attachment to the vessel 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 3,50 m nearest the vessel 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 when the vessel 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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EXPERIMENTAL PROTOCOLS FOR THE SETTING OF LONGLINES REFERRED TO IN ARTICLE 7(8)

ANNEX IV

PROTOCOL A

A1. The vessel shall, under observation by a scientific observer:

(a) set a minimum of five longlines with a minimum of four Time Depth Recorders (TDR) on each line;

(b) place TDRs at random on the longline within and between sets;

(c) calculate an individual sink rate for each TDR when returned to the vessel, where:

(i) the sink rate shall be measured as an average of the time taken to sink from the surface (0 m) to 15 m; and

(ii) this sink rate shall be at a minimum rate of 0,3 m/s;

(d) if the minimum sink rate (0,3 m/s) is not achieved at all 20 sample points, repeat the test until such time as a

total of 20 tests with a minimum sink rate of 0,3 m/s are recorded; and

(e) all equipment and fishing gear used in the tests is to be the same as that to be used in the Convention area.

A2. During fishing, for a vessel to maintain the exemption from night-time setting requirements, continuous line sink
monitoring shall be undertaken by the CCAMLR scientific observer. The vessel shall cooperate with the CCAMLR
observer who shall:

(a) seek to place a TDR on every longline set during the observer's period of work;

(b) every seven days place all available TDRs on a single longline to determine any sink-rate variation along the

line;

(c) place TDRs at random on the longline within and between sets;

(d) calculate an individual rate for each TDR when returned to the vessel; and

(e) measure the sink rate as an average of the time taken to sink from the surface (0 m) to 15 m.

A3. The vessel will:

(a) ensure the average sink rate is at a minimum of 0,3 m/s;

(b) report daily to the fishery manager; and

(c) ensure that data collected from line sink trials is recorded in the approved format and submitted to the fishery

manager at the end of the season.

PROTOCOL B

B1. The vessel will, under observation by a scientific observer:

(a) set a minimum of five longlines of the maximum length to be used in the Convention Area with a minimum of

four bottle tests (see paragraphs B5 to B9) on the middle one third of the longline;

(b) place test bottles at random on the longline within and between sets, noting that all tests should be applied

halfway between weights;

(c) calculate an individual sink rate for each bottle test where the sink rate shall be measured as the time taken for

the longline to sink from the surface (0 m) to 15 m;

(d) this sink rate shall be at a minimum rate of 0,3 m/s;

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(e)

if the minimum sink rate is not achieved at all 20 sample points (four tests on five lines), continue testing until
such time as a total of 20 tests with a minimum sink rate of 0,3 m/s are recorded; and

(f) all equipment and fishing gear used in the tests is to be to the same specifications as that to be used in the

Convention area.

B2. During fishing, for a vessel to maintain the exemption provided for in Article 7(8), regular line sink-rate monitoring
shall be undertaken by the CCAMLR scientific observer. The vessel shall cooperate with the CCAMLR observer who
shall:

(a) aim to conduct a bottle test on every longline set during the observer's shift, noting that the test should be

undertaken on the middle one third of the line;

(b) every seven days place at least four test bottles on a single longline to determine any sink-rate variation along

the line;

(c) place test bottles at random on the longline within and between sets, noting that all bottles should be attached

halfway between weights;

(d) calculate an individual sink rate for each bottle test; and

(e) measure the line sink rate as the time taken for the line to sink from the surface (0 m) to 15 m.

B3. The vessel will whilst operating under this exemption:

(a) ensure that all longlines are weighted to achieve a minimum line sink rate of 0,3 m/s at all times;

(b) report daily to its national agency on the achievement of this target; and

(c) ensure that data collected from line sink-rate monitoring are recorded in the approved format and submitted to

the relevant national agency at the end of the season.

B4. A bottle test is to be conducted as described below.

Bottle set-up

B5. 15 m of 2 mm multifilament nylon snood twine, or equivalent, is securely attached to the neck of a 750 ml
plastic bottle (1) (buoyancy about 0,7 kg) with a longline clip attached to the other end. The length measurement is
taken from the attachment point (terminal end of the clip) to the neck of the bottle, and should be checked by the
observer every few days.

B6. Reflective adhesive tape should be wrapped around the bottle to allow it to be observed at night. A piece of
waterproof paper with a unique identifying number large enough to be read from a few metres away should be
placed inside the bottle.

Test

B7. The bottle is emptied of water, the stopper is left open and the twine is wrapped around the body of the bottle for
setting. The bottle with the encircled twine is attached to the longline (2), midway between weights (the attachment
point).

B8. The observer records the time at which the attachment point enters the water as t1 in seconds (3). The time at which
the bottle is observed to be pulled completely under is recorded as t2 in seconds. The result of the test is calculated
as follows:

Line sink rate ¼ 15=ðt2 (cid:3) t1Þ

B9. The result should be 0,3 m/s or more. These data are to be recorded in the space provided in the electronic

observer logbook.

(1) A plastic water bottle that has a hard plastic screw-on stopper is needed. The stopper of the bottle is left open so that the bottle will
fill with water after being pulled under water. This allows the plastic bottle to be re-used rather than being crushed by water pressure.

(2) On autolines attach to the backbone; on the Spanish longline system attach to the hookline.
(3) Binoculars will make this process easier to view, especially in foul weather.

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RULES CONCERNING BY-CATCHES IN THE FISHERIES CARRIED OUT IN THE CONVENTION AREA

ANNEX V

A. REGULATED FISHERIES

1. If, in the course of the directed fishery for Dissostichus eleginoides in FAO sub-area 48.3, the by-catch of any species
is 1 tonne or more, the fishing vessel shall move to another fishing location not closer than five nautical miles
distant. The fishing vessel shall not fish within a radius of five nautical miles of the location in which the by-catch
exceeded 1 tonne, for a period of at least five days.

For the purposes of the preceding paragraph, ‘target species’ means Dissostichus eleginoides and ‘by-catch species’
means all species other than Dissostichus eleginoides.

2. If, in the course of the directed fishery for Champsocephalus gunnari in FAO sub-area 48.3, the by-catch of any of
the following species: Chaenocephalus aceratus, Gobionotothen gibberifrons, Lepidonotothen squamifrons, Notothenia rossii,
or Pseudochaenichthys georgianus,

(a)

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

(b) is 2 tonnes or more, then

the fishing vessel shall move to another location at least five nautical miles distant. It shall not return to any point
within a radius of five nautical miles of the location where the by-catch of the above species exceeded 5 % for a
period of at least five days.

3. If, in the course of the directed fishery for Dissostichus eleginoides or Champsocephalus gunnari in FAO sub-area
58.5.2, the by-catch in any one haul of Channichthys rhinoceratus or Lepidonotothen squamifrons is 2 tonnes or more,
the fishing vessel shall move to another location at least five nautical miles distant. It shall not return to any point
within a radius of five nautical miles of the location where the by-catch of the above species exceeded 2 tonnes
for a period of at least five days.

If, in the course of the above fisheries, the by-catch in any one haul of any other by-catch species for which limits
have been imposed under Community rules is 1 tonne or more, the fishing vessel shall move to another location
at least five nautical miles distant. It shall not return to any point within a radius of five nautical miles of the
location where the by-catch of the above species exceeded 1 tonne for a period of at least five days.

4. If, in the course of the directed fishery for Electrona carlsbergi, the by-catch in any one haul of a species other than

the target species:

(a)

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

(b) is 2 tonnes or more, then

the fishing vessel shall move to another location at least five nautical miles distant. It shall not return to any point
within a radius of five nautical miles of the location where the by-catch of species other than the target species
exceeded 5 % for a period of at least five days.

5. The location where the by-catch exceeds the quantities referred to in points 1 to 4 is defined as the path followed
by the fishing vessel from the point at which the fishing gear is first deployed from the fishing vessel to the point
at which the fishing gear is retrieved by the fishing vessel.

B. NEW AND EXPLORATORY FISHERIES

1. The by-catch of Macrourus spp. in the new and exploratory fisheries in the statistical sub-areas and divisions

concerned will be limited to the following:

(a)

in the small-scale research units (SSRUs) in sub-area 48.6, division 58.4.2 and sub-area 88.1 south of 65° S,
and in division 58.4.3b, the by-catch of Macrourus spp. will be limited to 100 tonnes; and

(b) in other SSRUs, the by-catch of Macrourus spp. will be limited to 40 tonnes.

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2. The by-catch of any species other than Macrourus spp. in the new and exploratory fisheries in the statistical

sub-areas and divisions concerned will be limited to the following:

(a)

in the small-scale research units (SSRUs) in sub-area 48.6, division 58.4.2 and sub-area 88.1 south of 65° S,
and in division 58.4.3b, the by-catch of any species will be limited to 50 tonnes; and

(b) in other SSRUs, the by-catch of Macrourus spp. will be limited to 20 tonnes.

3. For the purposes of points 1 and 2, ‘Macrourus spp.’ and ‘skates and rays’ should each be counted as a single

species.

4. If the by-catch of any one species is equal to or greater than 2 tonnes in any one haul or set, then the fishing
vessel shall move to another location at least five nautical miles distant. It shall not return to any point within a
radius of five nautical miles of the location where the by-catch exceeded 2 tonnes for a period of at least five days.
The location where the by-catch exceeded 2 tonnes is defined as the path followed by the fishing vessel from the
point at which the fishing gear is first deployed from the fishing vessel to the point at which the fishing gear is
retrieved by the fishing vessel.

ANNEX VI

RESEARCH HAULS IN THE FISHERY FOR CHAMPSOCEPHALUS GUNNARI IN FAO SUB-AREA 48.3
DURING THE SPAWNING SEASON

1. Twelve research hauls will be carried out in the Shag Rocks/Black Rocks area. These must be distributed between the
four sectors illustrated in Figure 1: four each in the NW and SE sectors, and two each in the NE and SW sectors. A
further eight research hauls will be conducted on the north-western shelf of South Georgia over water less than
300 m deep, as illustrated in Figure 1.

2. Each research haul must be at least five nautical miles distant from all others. The spacing of stations is intended to
be such that both areas are adequately covered in order to provide information about the length, sex, maturity and
weight composition of Champsocephalus gunnari.

3. If concentrations of fish are located en route to South Georgia, they should be fished in addition to the research

hauls.

4. The duration of research hauls must be of a minimum of 30 minutes with the net at fishing depth. During the day,

the net must be fished close to the bottom.

5. The catch of all research hauls shall be sampled by the international scientific observer on board. Samples should aim
to comprise at least 100 fish, sampled using standard random sampling techniques. All fish in the sample should be
at least examined for length, sex and maturity determination, and where possible weight. More fish should be
examined if the catch is large and time permits.

Figure 1: Distribution of 20 exploratory fishing hauls on Champsocephalus gunnari at Shag Rocks (12) and South Georgia (8) from
1 March to 31 May. Haul locations around South Georgia (stars) are illustrative.

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ANNEX VII

FUNCTIONS AND TASKS OF SCIENTIFIC OBSERVERS ON BOARD VESSELS ENGAGED IN SCIENTIFIC
RESEARCH OR HARVESTING OF MARINE LIVING RESOURCES IN THE CONVENTION AREA
REFERRED TO IN ARTICLE 14(2)

A. The function of scientific observers on board vessels engaged in scientific research or harvesting of marine living
resources is to observe and report on the operation of fishing activities in the Convention area with the objectives
and principles of the Convention in mind.

B. In fulfilling this function, scientific observers will undertake the following tasks:

(a) record details of the vessel's operation (e.g. partition of time between searching, fishing, transit etc., and details of

hauls);

(b) take samples of catches to determine biological characteristics;

(c) record biological data by species caught;

(d) record by-catches, their quantity and other biological data;

(e) record entanglement and incidental mortality of birds and mammals;

(f)

record the procedure by which declared catch weight is measured and collect data relating to the conversion
factor between green weight and final product in the event that catch is recorded on the basis of weight of
processed product;

(g) prepare reports of their observations using the observation formats approved by the Scientific Committee and

submit them to their respective authorities;

(h) submit copies of reports to masters of vessels;

(i) assist, where appropriate, the master of the vessel in the catch recording and reporting procedures;

(j) undertake other tasks as may be decided by mutual agreement of the parties concerned to the bilateral agreement

applicable;

(k) collect and report factual data on sightings of fishing vessels in the Convention area,

including vessel type

identification, position and activity; and

(l) collect information on fishing gear loss and waste disposal by fishing vessels at sea.