Amended proposal for a Council Regulation laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2003-07-01
Institutions: European Commission
Subjects: Antarctica, conservation of fish stocks, fishing area, fishing controls, fishing regulations, international convention

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 1.7.2003
COM(2003) 384 final

2002/0138 (CNS)
2002/0137 (CNS)

Amended proposal for a

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

Amended proposal for a

COUNCIL REGULATION

laying down certain control measures applicable to fishing activities in the area covered
by the Convention on the conservation of Antarctic marine living resources

.

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

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
corresponding  CCAMLR  measures,  which  have  been  especially  important  over  the  last
fourfive  years  (CCAMLR  meetings  XVII  –  1998  to  XXI  –  20012).  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  therefore  all  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:

–  General provisionsSubject matter and definitions;

–  Fishing gear;

–  Conduct of fishing activities;

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

2

–  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.

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.

3

2002/0138 (CNS)

Amended pRroposal for a

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

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1)

(2)

(3)

(4)

1

2

3

4

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

The  Convention  provides  a  framework  for  regional  cooperation  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.

The CCAMLR has adopted certain measures for the conservation 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 scientific observers on board fishing vessels for the purpose of collecting
data.  These  measures  are  binding  on  the  Community  and  should  therefore  be
implemented.

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  Resources4,  and  by

OJ C , p. .
OJ C , p. .
OJ L 252, 5.9.1981, p. 26.
OJ L 379, 31.12.1990, p. 45.

4

                                                
(5)

(6)

(7)

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 2113/965.

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.

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
separately.  For  that  reason  Regulations  (EEC)  No  3943/90  and  (EC)  No  66/98  have
been  repealed  by  Council  Regulation  (EC)  No  …..  laying  down  certain  control
measures 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  1721/19996,  and  the  Community
arrangements should be supplemented by 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  on  the  fishing  possibilities
allocated to Community  vessels  and the  conditions  associated  with  them  (the  annual
"TACs and quotas" Regulations).

Since  the  measures  necessary  for  implementing  this  Regulation  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  Commission7,  they  should  be  adopted  in  accordance  with  the
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 Subject matter and definitions

1.

5

6

7

Article 1
Object and scopeSubject matter

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".

OJ L 6, 10.1.1998, p. 1.
OJ L ….
OJ L 184, 17.7.1999, p. 23.

5

                                                
2.

This Regulation shall be without prejudice to the provisions of the  Convention and
shall operate in furtherance of these objectives and principles and the provisions of
the final act of the conference at which it was adopted.

Article 2
Definitions

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

(a)

(b)

(c)

(d)

(e)

"Convention  area":  means  the  area  of  application  of  the  Convention  as  defined  in
Article I thereof;

"Antarctic convergence": means a line joining the following points along parallels of
latitude and meridians of longitude: 50° S, 0° - 50° S, 30° E - 45° S, 30° E - 45° S,
80° E - 55° S, 80° E - 55° S, 150° E - 60° S, 150° E - 60°S, 50° W - 50° S, 50° W -
50° S, 0°;

"Community fishing vessel": means 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 in the Convention area;

"fine-scale rectangle": means an area of 0.5° latitude by 1° longitude from the north-
west angle of the statistical sub-area or statistical division. A rectangle is defined by
the latitude of its most northerly limit and the longitude of its nearest 0° limit;

"new fishery": means a fishery for a species using  a  particular fishing  method in a
FAO Antarctic statistical 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":  means  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:

(i)

to  evaluate  the  distribution,  abundance  and  population  of  the  target  species,
leading to an estimate of the fishery's potential yield;

(ii)

to review the fishery's potential impacts on dependent and related species, and

(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.

6

Chapter II – Fishing gear

Article 3
Permitted gear in specific fisheries

1.            The fishery for Dissostichus eleginoides in FAO statistical sub-area 48.3 shall be

conducted by vessels using longlines and pots only.

2.            The  fishery  for  Dissostichus  eleginoides  in  FAO  statistical  division  58.5.2  shall

be conducted using trawls or longlines only.

3.            The fishery for Champsocephalus gunnair in FAO statistical sub-area 48.3 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.

4.            The  fishery  for  Champsocephalus  gunnari  in  FAO  statistical  sub-area  58.5.

shall be conducted by vessels using trawls only.

5.            For the purpose of the fishery referred to in paragraph 4, the area open to the
fishery  is  defined  as  that  portion  of  FAO  statistical  division  58.5.2  that  lies
within the area enclosed by a line:

(a)     starting  at  the  point  where  the  meridian  of  longitude  72°15’E  intersects
the  Australia–France  Maritime  Delimitation  Agreement  Boundary  then
south  along  the  meridian  to  its  intersection  with  the  parallel  of  latitude
53°25’S;

(b)     then  east  along  that  parallel  to  its  intersection  with  the  meridian  of

longitude 74°E;

(c)      then northeasterly along the geodesic to the intersection of the parallel of

latitude 52°40’S and the meridian of longitude 76°E;

(d)     then  north  along  the  meridian  to  its  intersection  with  the  parallel  of

latitude 52°S;

(e)      then northwesterly along the geodesic to the intersection of the parallel of

latitude 51°S with the meridian of longitude 74°30’E; and

(f)      then southwesterly along the geodesic to the point of commencement.

6.            The fishery for crab in FAO  statistical  sub-area  48.3  shall  be  conducted  using

pots only.

Article 3 4
Mesh sizes

1.

No trawl, Danish seine or similar net, any part of which 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:

7

–  Champsocephalus gunnari

–  Dissostichus eleginoides

–  Gobionotothen gibberifrons

–  Lepidonotothen squamifrons

–  Notothenia rossii

–  Notothenia kempi.

2.

The  use  of  any  means  or  device  which  would  obstruct  or  diminish  the  size  of  the
meshes is prohibited.

Article 45
Control of mesh sizes

For the nets referred to in Article 34, the minimum mesh size provided for in Annex I shall be
determined in accordance with the rules laid down in Annex II.

Article 5 6
Crab fisheries in FAO statistical sub-area 48.3

1.            The fishery for crab shall be conducted using pots only.

1.

2.

1.

2.

3.

The  crab  fishery  shall  be  limited  to  sexually  mature  male  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
mm and 90 mm, respectively, may be retained in the catch.

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 67
Use and disposal of plastic packaging bands on Community fishing vessels

The  use  by  Community  fishing  vessels  of  plastic  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.

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 reaching port and in no case
discarded at sea.

8

4.

1.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 19 20(2).

Article 78
Incidental mortality of seabirds in the course of longline fishing

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 shall be released before line tension occurs; weights of
at least 8.5 kg mass shall be used, spaced at intervals of no more than 40 m, or
weights of at least 6 kg mass shall be used, spaced at intervals of no more than 20 m.
Only thawed bait shall be used.

2.

Without prejudice to paragraph 87, longlines shall be set at night only.

Where  possible,  the  setting  of  lines  shall  be  completed  at  least  three  hours  before
sunrise (ie. during the hours of darkness between the times of nautical twilight).

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

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. Prior to dumping fish hooks should be
removed from offal and fish heads.

Member  States  shall  not  issue  a  special  fishing  permit  to  vessels  which  are  so
configured  that  they  lack  on-board  offal  processing  facilities  or  adequate
capacity to retain offal on board, or the ability to discharge offal on the opposite
side of the vessel to that where longlines are hauled.

Every effort shall be made to ensure that birds captured alive during longlining  are
released  alive  and  that  where  possible  hooks  are  removed  without  jeopardising  the
life of the bird concerned.

A  streamer  line  designed  to  discourage  birds  from  settling  on  baits  during
deployment of longlines  shall  be towed.  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.

Other variations in the design of streamer lines may be tested on vessels carrying two
observers,  at  least  one  appointed  in  accordance  with  the  CCAMLR  Scheme  of
International  Scientific  Observation,  providing  that  the  conditions  laid  down  in
paragraphs 1 to 5 and paragraph 7 are met.

3.

4.

5.

6.

7.            The use of net guiding cables on fishing vessels in the Convention area is prohibited.

9

7.

8.

1.

2.

3.

4.

1.

2.

1.

The requirement prohibition to set longlines at nightday provided for in paragraph 2
shall not apply to fishing in FAO statistical sub-areas 48.6 south of 60°S, 88.1, and
88.2 and division 58.4.2 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.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 19 20(2).

Article 89
Incidental mortality of seabirds and marine mammals in the course of trawl fishing

In the course of trawl fishing, the use of net monitor cables is prohibited.

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

The dumping at sea of fish waste shall be prohibited during the shooting and hauling
of trawl gear.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 19 20(2).

Chapter III – Conduct of fishing activities

Article 910
Limiting of by-catchesMovement of vessels in relation to their level of by-catch

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

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.In the
case of new and exploratory fisheries, Community vessels shall move in relation
to the level of their by-catches in accordance with Annex V, point B

Article 1011
Special measures applicable to the exploratory fisheries for Dissostichus spp.

Community fishing vessels participating in  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 belowin paragraphs 3 to 6.

10

2.            For  the  purposes  of  this  article,  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.

3.            Fishing shall take place over as large a geographical and 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 (…)8 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.

4.            In order to give effect to paragraph 32 above:

a)

b)

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;

the  precise  geographic  position  of  a  haul  in  longline  fisheries  shall  be
determined by the centre-point of the line or lines deployed;

c)       the  fine-scale  rectangle  in  which  a  vessel  is  deemed  to  be  fishing  will  be

that in which the precise geographic position of a haul lies;

d)      the vessel will be deemed to be fishing in any fine-scale rectangle from the
beginning of the setting process until the  completion  of  the  hauling  of  all
lines in that fine-scale rectangle.

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.

5.            Each haul of a longline shall have, except in exceptional circumstances beyond
the  control  of  the  vessel  (such  as  ice  and  weather  conditions),  a  soak  time  not
exceeding 48 hours, measured from the completion of the setting process to the
beginning of the hauling process.

6.            Detailed rules for the application of this Article shall be adopted in accordance with

the procedure laid down in Article 19 20 (2).

Article 1112
Special measures applicable to the fishery for Champsocephalus gunnari in
FAO statistical sub-area 48.3

1.            The  fishery  for  Champsocephalus  gunnari  in  sub-area  48.3  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.

1.

8

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

Insert reference to the "control" Regulation once it has been adopted.

11

                                                
2.

3.

4.

5.

Where any haul contains more than 100 kg of Champsocephalus 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  5  nautical
miles distant. The fishing vessel shall not return to any point within 5 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.

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.

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.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 19 20 (2).

Chapter IV – Scientific observation on board vessels operating in
the Convention area

Article 1213
Object and scope

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

Article 1314
Activities subject to scientific observation

1.

During each fishing period Community fishing vessels shall carry on board at least
one scientific observer when fishing for:

a)

b)

c)

Champsocephalus  gunnari  in  FAO  statistical  Antarctic  sub-area  48.3  and
FAO Antarctic division 58.5.2;

crab in FAO statistical sub-area 48.3;

Dissostichus eleginoides in FAO Antarctic statistical sub-areas 48.3  and 48.4
and in FAO Antarctic division 58.5.2; or

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

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

12

2.

3.

1.

2.

3.

4.

5.

6.

7.

1.

9

Community fishing vessels shall also carry on board at least one scientific observer
when  participating  in  an  exploratory  fishery  as  referred  to  in  Article  10  11  of  this
Regulation or in another exploratory fishery authorised in accordance with Article 7
of  Regulation  (EC)  No  (...)9  or  in  the  scientific  research  activities  referred  to  in
Article 8 of that Regulation.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 19 20 (2).

Article 1415
Scientific observers

Member States shall designate scientific  observers  authorised  to carry out the tasks
associated  with  the  implementation  of  the  observation  system  adopted  by  the
CCAMLR in accordance with this Regulation.

The  duties  and  tasks  of  scientific  observers  carried  on  board  vessels  are  set  out  in
Annex VII hereto.

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

Scientific  observers  shall  be  familiar  with  the  harvesting  and  scientific  research
activities to be observed, the provisions of 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.

Scientific observers shall carry a document identifying them as CCAMLR scientific
observers.

Scientific observers shall present to the CCAMLR, 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  sent  to  the  flag  State  of  the  vessel
concerned and to the Commission.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 19 20 (2).

Article 1516
Agreements Arrangements on the placing of observers on board vessels

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

Insert reference to the "control" Regulation once it has been adopted.

13

                                                
2.

The bilateral agreements arrangements referred to in paragraph 1 shall be based on
the following principles:

(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.

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

(c)

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

(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  moderatereasonable  costs  incurred  in  making  these
communications shall in principle normally be met by the CCAMLR member
which  designated  the  scientific  observers  (hereinafter  called  the  "designating
country").

(e) Arrangements  involving  the  transportation  and  boarding  of  scientific
observers shall be organised so as to minimise interference with harvesting
and  research  operations.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  Members  shall  ensure  that  their  scientific  observers  carry
insurance  satisfactory  to  the  CCAMLR  Members  concerned.Designating
countries  shall  ensure  that  their  scientific  observers  are  covered  by  insurance
that is recognised by the parties concerned.

(h) Designating  countries  shall  be  responsible  for  the  transfer  transportation  of

scientific observers to and from the places of embarkation.

(i)

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

3.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 19 20(2).

14

Article 1617
Reporting of information

1.

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

(a)

date of signing conclusion of the agreementarrangement;

(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 area, sub-area, division);

e)

type of data collected by observers and presented submitted to the CCAMLR
Secretariat (by-catch, target species, biological data, etc.);

(f)

expected dates set for the start and end of the observation programme; and

(g)

expected date set for the return of observers to their country of origin.

2.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 1 920 (2).

Chapter V – Final provisions

Article 1718
Amendment of annexes

Annexes  I  to  VII  shall  be  amended  in  line  with  the  conservation  measures  that  become
binding  on  the  Community,  in  accordance  with  the  regulatory  procedure  referred  to  in
Article 19 20 (3).

Article 1819
Implementation

The  measures  necessary  for  implementing  Articles  6,7,  8,  9,  10,  11,  12,  13,  14,  15,  and  16
and  17  of  this  Regulation  shall  be  adopted  in  accordance  with  the  management  procedure
referred to in Article 19 20 (2).

15

Article 1920
Committee

1.

2.

3.

4.

The  Commission  shall  be  assisted  by  the  Committee  set  up  under  Article  17  30  of
Council Regulation (EEC) No 3760/922371/200210.

Where reference is made to this paragraph, the management procedure provided for
in Articles 4 and 7 of Decision 1999/468/EC shall apply, subject to the provisions of
Article 7 thereof.

The period referred tolaid down in Article 4(3) of Decision 1999/468/EEC shall be
set at [one] month.

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

The period referred tolaid down in Article 5(6) of Decision 1999/468/EEC shall be
set at [one] month.

Article 2021
Entry into force

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

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

Done at Brussels,

For the Council
The President

10

OJ L 389, 31.12.1992, p.1 358, 31.12.2002, p.59.

16

                                                
MINIMUM MESH SIZE WITHIN THE MEANING OF ARTICLE 4 3(1)

ANNEX I

Species

Type of net

Notothenia rossii
Dissostichus eleginoides
Goibionotothen gibberifrons
Notothenia kempi
Lepidonotothen squamifrons
Champsocephalus gunnari

Trawls, Danish seines and similar nets
Trawls, Danish seines and similar nets
Trawls, Danish seines and similar nets
Trawls, Danish seines and similar nets
Trawls, Danish seines and similar nets
Trawls, Danish seines and similar nets

Minimum
mesh size

120 mm
120 mm
80 mm
80 mm
80 mm
90 mm

17

ANNEX II

RULES FOR DETERMINING MINIMUM MESH SIZES WITHIN THE MEANING OF
ARTICLE 54

A.

Description of gauges

1)

2)

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.

Each gauge shall be inscribed on its face with the width in millimetres both on
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)

2)

3)

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

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.

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.

18

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 newtons (equivalent to a mass of two kilograms) shall
be  applied  and  a  force  of  49.03  newtons  (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.

19

ANNEX III

DETAILED DESCRIPTION OF THE STREAMER LINE REFERRED TO IN ARTICLE
78(5) AND METHOD OF DEPLOYMENT

1.

2.

3.

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.

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.

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.

Point de remorque: Towing point

Emerillon: Swivel

Banderoles: Streamers

Ligne de banderoles: Streamer line

Poids ou autre dispositif de tension: Weight or other device for creating tension

20

ANNEX IV

EXPERIMENTAL PROTOCOLS FOR THE SETTING OF LONGLINES REFERRED TO
IN ARTICLE 7(8) 8(7)

PROTOCOL A

A1.

The vessel shall, under observation by a scientific observer:

a)

b)

c)

d)

e)

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

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

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;

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

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)

b)

c)

d)

e)

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

every  seven  days  place  all  available  TDRs  on  a  single  longline  to  determine
any sink rate variation along the line;

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

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

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

A3.

The vessel willshall:

a)

b)

ensure the average sink rate is at a minimum of 0.3 m/s;

report daily to the fishery manager; and

21

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 willshall, under observation by a scientific observer:

a)

b)

c)

d)

e)

f)

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;

place test bottles at random on the longline within and between sets, noting that
all tests should be applied halfway between weights;

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 10 m;

this sink rate shall be at a minimum rate of 0.3 m/s;

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

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)

b)

c)

d)

e)

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;

every  seven  days  place  at  least  four  test  bottles  on  a  single  longline  to
determine any sink rate variation along the line;

place test bottles at random on the longline within and between sets, noting that
all bottles should be attached halfway between weights;

calculate an individual sink rate for each bottle test; and

measure the line sink rate as the time taken for the line to sink from the surface
(0 m) to 15 10 m.

B3.

The vessel willshall 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

22

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.

B6.

Test

B7.

B8.

15  10  m  of  2  mm  multifilament  nylon  snood  twine,  or  equivalent,  is  securely
attached  to  the  neck  of  a  750  ml  plastic  bottle11  (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.

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.

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,12 midway between weights (the attachment point).

The observer records the time at which the attachment point enters the water as t1 in
seconds.13 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 = 15 10 / (t2 - t1)

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.

11

12

13

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

23

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

A.

1.

2.

3.

REGULATED FISHERIES

If,  in  the  course  of  the  directed  fishery  for  Dissostichus  eleginoides  in  FAO
statistical sub-area 48.3, the by-catch of any species is 1 tonne or more in any one
haul or set, the fishing vessel shall move to another fishing location not closer than
five  nautical  miles  distant.  The  fishing  vessel  shall  not  fish  return  to  any  point
within  a  radius  of  five  nautical  miles  of  the  location  in  which  where  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.

If,  in  the  course  of  the  directed  fishery  for  Champsocephalus  gunnari  in  FAO
statistical  sub-area 48.3,  the  by-catch  in  any  one  haul  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 5 nautical miles distant.  It
shall not return to any point within a radius of 5 nautical miles of the location where
the by-catch of the above species exceeded 5% for a period of at least five days.

in 

the  course  of 

If, 
the  directed  fishery  for  Dissostichus  eleginoides  or
Champsocephalus gunnari in FAO  statistical sub-areadivision 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 5 nautical
miles  distant.  It  shall  not  return  to  any  point  within  a  radius  ofnot  fish  using  that
method of fishing at any point within 5 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  5  nautical  miles
distant. It shall not return to any point not fish using that method of fishing at any
point  within  a  radius  of  5  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 in FAO  statistical
sub-area 48.3, 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

24

b)

is 2 tonnes or more, then

the fishing vessel shall move to another location at least 5 nautical miles distant. It
shall not return to any point within a radius of 5 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.

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.

1.            If the by-catch of any one species is equal to or greater than 12 tonne in any one haul
or set, then the fishing vessel shall move to another location at least 5 nautical miles
distant.  It  shall  not  return  to  any  point  within  a  radius  of  5  nautical  miles  of  the
location where the by-catch exceeded 12 tonne for a period of at least five days. The
location where the by-catch exceeded 12 tonne 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.

2.            For the purposes of paragraph 1 :

a)       By-catch  is  constituted  by  catches  of  any  species  other  than  the  target

species;

b)      ‘Macrourus spp’ and ‘skates and rays’ should each be counted as a single

species.

25

ANNEX VI

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

1.

2.

3.

4.

5.

Twelve research hauls will shall be carried out in the Shag Rocks/Black Rocks area.
These mustshall 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.

Each  research  haul  must  be  at  least  5  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.

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

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.

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.

26

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 1415(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)

b)

c)

d)

e)

f)

g)

h)

i)

j)

k)

l)

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

take samples of catches to determine biological characteristics;

record biological data by species caught;

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

record entanglement and incidental mortality of birds and mammals;

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;

prepare reports of their observations using the observation formats approved by
the Scientific Committee and submit them to their respective authorities;

submit copies of reports to masters of vessels;

assist,  where  appropriateif  requested,  the  master  of  the  vessel  in  the  catch
recording and reporting procedures;

undertake  other  tasks  as  may  be  decided  by  mutual  agreement  of  the  parties
concerned to the bilateral agreement applicable;

collect and report factual data on sightings of fishing vessels in the Convention
area, including vessel type identification, position and activity; and

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

27

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 monitoring of
fishing  activities.  Up  to  now  most  of  these  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.).

The  Community  rules  on  controls  in  the  Convention  area  have  been  amplified  by  Council
Regulation  (EC)  No  1721/1999  of  29  July  1999  laying  down  certain  control  measures  in
respect  of  vessels  flying  the  flag  of  Non-Contracting  Parties  to  the  Convention  on  the
Conservation of Antarctic Marine Living Resources (OJ L 203, 3.8.1999, p. 14.).

These three instruments need to be updated to bring them into  line with the amendments to
the  corresponding  CCAMLR  measures,  which  have  been  especially  important  over  the  last
four  five  years  (CCAMLR  meetings  XVII  –  1998  to  XXI  –  20012).  Already  in  1998,  the
limits and prohibitions on catches of the 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 those concerning access
to fishing activities in the area and the various catch and effort reporting systems as regards
both  the  procedures  to  be  followed  and  the  species  subject  to  the  individual  system  for  the
different fishing areas. In particular, specific rules have been adopted for the crab and squid
fisheries

On the issue of the control system, the CCAMLR has introduced changes designed mainly to
distinguish  between  inspection  and  scientific  observation  activities  focusing  on  data
collection.  This  requires  a  complete  recasting  of  Regulation  (EEC)  No  3943/90  to  take
account  of  the  fact  that  basic  responsibility  for  implementing  the  inspection  arrangements
rests with the Member States and that the Commission's responsibility must be at the level of
"monitoring the inspectors", as it undertook to do to the Council and the European Parliament
in 
in  regional  fisheries
organisations or RFOs, COM(1999) 613 final of 8 December 1999.

its  Communication  on  European  Community  participation 

Lastly,  on  the  matter  of  the  checkscontrols  on  vessels  flying  the  flag  of  non-Contracting
Parties,  Regulation  (EC)  No  1721/1999  transposes  a  CCAMLR  measure  dating  from
1998.which  was  significantly  modified  in  1999  and  consequently  also  needs  to  be  updated.
This  measure  has  been  modified  several  times  since  its  adoption.  In  2002,  specific
procedures were introduced to identify, and take measures relating to, vessels engaging
in Illegal, Unregulated and Unreported (IUU) fishing activities in the Convention Area,

28

both in the framework of this conservation measure, and in the framework of a new one
applicable to vessels flying the flag of Contracting Parties to CCAMLR.

The  Commission  proposal  brings  together  in  a  single  instrument,  therefore,  all  the  control
provisions  applying  to  fishing  by  Community  vessels  in  the  Convention  area.  The  draft
Regulation is made up of sevensix Chapters:

–  General provisionsSubject matter and definitions

–  Arrangements concerning aAccess to fishing activities in the Convention area

–  Catch and effortData reporting system

–  Control  and  inspection  at  sea  by  vessels  flying  the  flag  of  a  Contracting  Party  to  the

Convention

–  Control and inspection in port

–  Vessels  engaged  in  Illegal,  Unregulated  and  Unreported  (IUU)  fishing  in  the
Convention  Area  Control  measures  applicable  to  vessels  flying  the  flag  of  a  Non-
Contracting Party to the Convention

–  Final provisions.

This  proposal  is  being  presented  at  the  same  time  as  a  draft  Regulation  on  the  technical
measures  applicable  to  fishing  activities  in  the  Convention  area,  including  requirements
concerning fishing gear and the scientific observer scheme.

The  two  proposals  have  recourse  to  "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  for  implementing  certain  parts  of
the arrangements.

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

29

2002/0137 (CNS)

Amended pProposal for a

COUNCIL REGULATION

laying down certain control measures 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

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission14,

Having regard to the opinion of the European Parliament15,

Whereas:

(1)

(2)

(3)

(4)

14

15

16

17

The  Convention  on  the  Conservation  of  Antarctic  Marine  Living  Resources,
(hereinafter  called  "the  Convention"),  was  approved  by  the  Community  by  Council
Decision 81/691/EEC16, and entered into force in the Community on 21 May 1982.

The  Convention  provides  a  framework  for  regional  cooperation  in  the  conservation
and  management  of  Antarctic  marine  fauna  and  flora  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  CCAMLR  of  conservation  measures  which  become  binding  on  the
Contracting Parties.

The Community, as a Contracting Party to the Convention, is required to ensure that
the  conservation  measures  adopted  by  the  CCAMLR  are  applied  to  Community
fishing vessels.

The  measures  concerned  include  numerous  rules  and  provisions  for  the  control  of
fishing  activities  in  the  Convention  area  which  must  be  incorporated  in  Community
law  as  special  provisions  within  the  meaning  of  Article 1(3)  of  Council  Regulation
(EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the
common fisheries policy17, and supplementing the provisions thereof.

OJ C, p.
OJ C, p.
OJ L 252, 5.9.1981, p. 26.
OJ  L  261,  20.10.1993,  p.1.,  as  last  amended  by  Council  Regulation  (EC)  No  2846/98  (OJ  L  358,
31.12.1998, p. 5).

30

                                                
(5)

Some  of  those  special  provisions  have  been  transposed  into  Community  law  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 Resources18, 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  2113/9619,  and  by  Council  Regulation  (EC)  No  1721/1999  of
29 July 1999 laying down certain control measures in respect of vessels flying the flag
of Non-Contracting Parties to the Convention on the Conservation of Antarctic Marine
Living Resources20.

(6) With  a  view  to  implementing  the  new  conservation  measures  adopted  by  the
CCAMLR,  the  abovethose  Regulations  should  be  amendedrepealed.  In  order  to
ensure  that  Community  rules  are  clearer,  they  should  be  repealed  and  replaced  by  a
single  Regulation  bringing  together  the  special  provisions  for  the  control  of  fishing
activities  arising  from  the  Community's  obligations  as  a  Contracting  Party  to  the
Convention.

(7)

Since tThe measures needed to implement necessary for the implementation of this
Regulation  are  management  measures  within  the  meaning  of  Article  2  of  should  be
adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the
Commission21they  should  be  adopted  in  accordance  with  the  management  procedure
provided for in Article 4 of that Decision,

HAS ADOPTED THIS REGULATION:

Chapter I – General provisionsSubject matter and definitions

Article 1
Object and scopeSubject matter

1.

This  Regulation  lays  down  general  rules  and  conditions  for  the  application  by  the
Community of:

(a)

(b)

control measures applicable to fishing vessels flying the  flag of a Contracting
Party  to  the  Convention  for  the  Conservation  of  Antarctic  Marine  Living
Resources,  hereinafter  called  "the  Convention'',  operating  in  the  Convention
area in waters located beyond the limits of national jurisdictions;

a system to promote compliance by vessels flying the flag of a non-Contracting
Party  with  conservation  measures  laid  down  by  the  Commission  for  the
Conservation  of  Antarctic  Marine  Living  Resources,  hereinafter  called  the
"CCAMLR".

18

19

20

21

OJ L 379, 31.12.1990, p. 45.
OJ L 6, 10.1.1998, p.1, as amended by Council Regulation (EC) No 2479/98 (OJ L 309, 19.11.1998, p.
1).
OJ L 203, 3.8.1999, p. 14.
OJ L 184, 17.7.1999, p. 23.

31

                                                
2.

This  Regulation  shall  apply  without  prejudice  to  the  provisions  of  the  Convention
and shall operate in furtherance of its objectives and principles and the provisions of
the final act of the conference at which it was adopted.

Article 2
Definitions

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

(a)

(b)

(c)

(d)

(e)

"Convention  area":  means  the  area  of  application  of  the  Convention  as  defined  in
Article I thereof;

"Antarctic convergence": means a line joining the following points along parallels of
latitude and meridians of longitude: 50° S, 0° - 50° S, 30° E - 45° S, 30° E - 45° S,
80° E - 55° S, 80° E - 55° S, 150° E - 60° S, 150° E - 60°S, 50° W - 50° S, 50° W -
50° S, 0°;

"Community fishing vessel": means 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 resources in the Convention area.

"VMS system": means a satellite-based vessel monitoring system installed on board
Community  fishing  vessels  in  accordance  with  Article  3  of  Regulation  (EEC)
No 2847/93;

"new fishery": means a fishery for a species using  a  particular fishing  method in a
FAO Antarctic statistical 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":  means  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:

(i)

to  evaluate  the  distribution,  abundance  and  population  of  the  target  species,
leading to an estimate of the fishery's potential yield;

(ii)

to review the fishery's potential impacts on dependent and related species, and

(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;

(g)

"CCAMLR  inspector":  an  inspector  assigned  designated  by  a  Contracting  Party  to
the Convention to implementing the control system referred to in Article 1(1);

32

(h)

(i)

"CCAMLR control system of inspection": means the document bearing that name,
adopted  by  the  CCAMLR,  concerning  the  control  and  inspection  at  sea  of  vessels
flying the flag of a Contracting Party to the Convention;

"non-Contracting Party vessel": means a fishing vessel which flies the flag of a non-
Contracting Party to the Convention and which has been sighted engaging in fishing
activities in the Convention area;

(j)           “Contracting Party” : means a contracting party to the Convention;

(k)          "Contracting  Party  vessel":  means  a  fishing  vessel  which  flies  the  flag  of  a

Contracting Party to the Convention;

(lj)

"sighting": means any sighting of a vessel flying the flag of a non-Contracting Party
to the Convention by a vessel flying the flag of a Contracting Party to the Convention
and  operating  in  the  Convention  area,  or  by  an  aircraft  registered  in  a  Contracting
Party  to  the  Convention,  and  overflying  the  Convention  area  or  by  a  CCAMLR
inspector.

(m)         “IUU activities” means illegal, unregulated and unreported fishing activities in

the Convention area;

(n)          “IUU  vessel”:  means  any  vessel  a  engaged  in  illegal,  unregulated  and

unreported fishing activities in the Convention area;

Chapter II – Arrangements concerning aAccess to fishing
activities in the Convention area

Article 3
Community participationSpecial fishing permit

1.

2.

Only  Community  fishing  vessels  holding  a  special  fishing  permit  issued  in
accordance with Council Regulation (EC) No 1627/9422 by their flag Member State
shall  be  authorised,  in  accordance  with  the  conditions  laid  down  in  the  permit,  to
fish, retain on board, tranship and land fishery resources from the Convention area.

The  Member  States  shall  send  the  Commission,  by  computer  transmission,  within
three days following thefrom the date of issue of the permit referred to in paragraph
1, the following information concerning the vessel covered by the permit:

(a)

the name of the vessel concerned;

(b)

the  period  for  which  it  is  authorised  to  fish  in  the  Convention  area,  with  the
dates on which fishing activities start and end;

(c)

the fishing area or areas;

(d)

the target species;

22            OJ L 171, 6.7.1994, p.7.

33

                                                
3.

4.

5.

1.

2.

3.

4.

(e)

the gear used.

The  Commission  shall  forward  such  information  to  the  CCAMLR  Secretariat
without delay.

The information transmitted to the Commission by the Member States shall include
the  internal  fleet  register  number  as  provided  for  in  Article  1  of  Commission
Regulation (EC) No 2090/9823, together with details of the home port and the names
of the owner or charterer of the vessel, and shall be accompanied by the notification
that the master of the vessel has been informed of the measures in force for the area
or areas where the vessel will be fishing in the Convention area.

Paragraphs  1,  2  and  3  shall  apply  subject  to  the  special  provisions  laid
downprovided for in Articles 5, 6, 7 and 8 below.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 4
General rules of conduct

The special fishing permit referred to in Article 3, or an authenticated copy thereof,
shall  be  carried  on  board  fishing  vessels  and  shall  be  available  at  all  times  for
inspection by a CCAMLR inspector.

Each  Member  State  shall  ensure  that  all  Community  fishing  vessels  flying  its  flag
notify  it  of  their  entry  to  and  exit  from  all  ports,  their  entry  to  and  exit  from  the
Convention  area  and  their  movements  between  FAO  Antarcticstatistical  sub-areas
and divisions.

Member States shall verify the information referred to in paragraph 2 against data
received  through  the  VMS  systems  operating  on  board  fishing  vessels.  They  shall
forward  it  such  information  to  the  Commission  by  computer  transmission  within
two  days  from  the  date  of  its  receipt.  The  Commission  shall  transmit  the
information without delay to the CCAMLR executiveSecretariat.

In  the  event  of  a  technical  breakdown  of  the  VMS  system  on  board  a  Community
fishing  vessel,  the  flag  Member  State  shall  notify  the  CCAMLR  as  earlysoon  as
possible,  with  a  copy  to  the  Commission,  of  the  name  of  the  vessel,  and  the  time,
date and position of the vessel when the VMS system ceased to function. As soon as
the  VMS  system  is  again  operational  the  flag  Member  State  shall  inform  the
CCAMLR thereof without delay.

23

OJ L 266, 1.10.1998, p. 27.

34

                                                
Article 5
Special provisions concerning aAccess to crab fisheries

The  flag  Member  States  shall  notify  the  Commission  of  the  intention  of  a
Community fishing vessel to fish for crab in FAO Antarcticstatistical sub-area 48.3.
Notification shall be made four months in advance of the date set for the start of the
fishery  and  shall  include  the  internal  fleet  register  number  and  the  research  and
fishing operations plan of the vessel concerned.

The  Commission  shall  examine  the  notification,  check  that  it  complies  with  the
applicable rules and inform the Member State of its findings. The Member State may
issue  the  special  fishing  permit  upon  receipt  of  the  findings  of  the  Commission  or
within ten working days following from the date of notification of the findings. The
Commission  shall  notify  the  CCAMLR  accordingly,  at  the  latest  three  months  in
advance of the date set for the start of the fishery.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 6
Special provisions concerning aAccess to new fisheries

Fishing  in  a  new  fishery  in  the  Convention  area  shall  be  prohibited  unless  except
where it has been authorised in accordance with paragraph 54.

1.

2.

3.

1.

2.            Only  those  vessels  that  are  equipped  and  configured  so  that  they  can  comply
with  all  relevant  conservation  measures  adopted  by  the  CCAMLR  shall  be
eligible to participate in a new fishery.

Vessels which appear on the CCAMLR IUU Vessel List referred to in Article 29
shall not be eligible to participate in a new fishery.

3.

The  flag  Member  State  shall  notify  the  Commission  not  later  than  four  months  in
advance  of  the  annual  meeting  of  the  CCAMLR  of  the  intention  of  a  Community
fishing vessel to develop a new fishery in the Convention area.

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

(a)

(b)

(c)

(d)

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

biological  information  from  comprehensive  research/survey  cruises,  such  as
distribution, abundance, demographic data and information on stock identity;

details  of  dependent  and  associated  species  and  the  likelihood  of  themsuch
species being affected in any way at all by the proposed fishery;

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

35

4.

5.

6.

1.

The  Commission  shall  forward  to  the  CCAMLR  for  consideration  the  information
provided  in  accordance  with  paragraph  32,  together  with  any  other  relevant
information at its disposal.

Once  the  CCAMLR  has  taken  a  decisionWhere  the  CCAMLR  approves  a  new
fishery, that fishery shall be authorised :

(a)     by  the  Commission  in  cases  where  the  CCAMLR  has  not  adopted  any

conservation measure with regard to the new fishery, or

(b)     by  the  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the

Commission, in all other cases.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 7
Special provisions concerning aAccess to exploratory fisheries

Exploratory fishing in the Convention area shall be prohibited unlessexcept where it
has been authorised in accordance with paragraphs 2 to 6.

2.            Only vessels that are equipped and configured so that they can comply with all
relevant  conservation  measures  adopted  by  the  CCAMLR  shall  be  eligible  for
participation in an exploratory fishery.

Vessels which appear on the CCAMLR IUU Vessel List referred to in Article 29
shall not be eligible to participate in an exploratory fishery.

3.

Each Member State participating in an exploratory fishery or intending to authorise a
vessel to participate in one shall prepare a research and fishery operations plan which
it shall forward  directly to the CCAMLR before  a  date  set by  the  latterCCAMLR,
with a copy to the Commission.

The plan shall contain as much of the following information as the Member State is
able to provide:

(a)

(b)

(c)

a description of how the Member State's activities are to comply with the data
collection plan developed by the CCAMLR Scientific Committee;

the  nature  of  the  exploratory  fishery,  including  target  species,  methods  of
fishing,  proposed  region  and  maximum  catch  levels  proposed  for  the
forthcoming season;

information 

biological 
research
voyagesresearch  or  survey  cruises,  such  as  distribution,  abundance,
demographic data, and information on stock identity;

comprehensive 

study 

from 

and 

(d)

details of dependent and related species and the likelihood of themsuch species
being adversely affected by the proposed fishery;

36

4.

5.

6.

7.

8.

1.

(e)

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

Each  Member  State participating  in an  exploratory fishery shall  submit  annually  to
the  CCAMLR,  with  a  copy  to  the  Commission,  before  the  expiry  of  the  deadline
agreed within the CCAMLR the data specified in the data collection plan developed
by the Scientific Committee for the fishery concerned.

Where  the  data  specified  in  the  data  collection  plan  have  not  been  forwarded
submitted to the CCAMLR for the most recent season in which fishing took place,
continued exploratory fishing by the Member State which failed to forward submit
its data shall be prohibited until the relevant data have been presented submitted to
the  CCAMLR,  with  a  copy  to  the  Commission,  and  the  CCAMLR  Scientific
Committee has been given an opportunity to review the data.

Before a Member State authorises its vessels to participate in an exploratory fishery
that  is  already  in  progress,  that  Member  shall  notify  the  CCAMLR  not  less  than
fourthree  months  in  advance  of  the  next  regular  meeting  of  the  CCAMLR.  The
notifying Member State shall not authorise its vessels to enter the exploratory fishery
until the conclusion of that meeting.

The  name,  type,  size,  registration  number  and  radio  call  sign  of  each  vessel
participating in the exploratory fishery shall be notified directly by Member States to
the CCAMLR Secretariat, with a copy to the Commission, at least three months in
advance of the date of the beginning of each fishing voyage.

Fishing capacity and effort shall be subject to a precautionary limit set at a level not
exceeding  that  necessary  to  obtain  the  information  specified  in  the  data  collection
plan and required to make the evaluations referred to in Article 2(f).

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 8
Special provisions concerning aAccess to scientific research activities

Member  States  whose  vessels  intend  to  conduct  scientific  research  whenwhere  the
estimated  catch  is  expected  to  be  less  than  50  tonnes,  including  not  more  than  10
tonnes  of  Dissostichus  spp,  and  less  than  0.1%  of  a  given  catch  limit  for  krill,
squid  and  crab,  shall  submit  directly  to  the  CCAMLR,  with  a  copy  to  the
Commission, the following data:

(a)

the name of the vessel concerned;

(b)

its external identification mark;

(c)

the division and sub-area in which the research is to be carried out;

(d)

the estimated dates of entering and leaving the CCAMLR Convention area;

(e)

the purpose of the research;

37

2.

3.

4.

5.

1.

2.

(f)

the fishing equipment likely to be used.

The Community vessels referred to in paragraph 1 shall be exempt 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
specifiedprovided for in Articles 9(6), and Article 16(1).

Member  States  whose  vessels  intend  to  conduct  scientific  research  where  the
estimated total catch is expected to be more than 50 tonnes, or more than 10 tonnes
of Dissostichus spp. or more than 0.1% of a given catch limit for krill, squid and
crab,  shall  submit  to  the  CCAMLR  for  review,  with  a  copy  to  the  Commission,  a
research programme  at least  six  months in advance of  the planned starting  date  for
the research. Until the review process is completed by the CCAMLR and its decision
notified,  tThe  planned  fishing  for  research  purposes  shall  not  proceed  until  the
review process is completed by the CCAMLR and its decision notified.

Member States shall report to the CCAMLR, with a copy to the Commission, catch
and  effort  data  for  each  haul  resulting  from  any  scientific  research  subject  to  the
provisions of paragraphs 1, 2 and 3. A summary of the results shall be provided by
the Member State to the CCAMLR, with a copy to the Commission, within 180 days
of the date of completion of the research. A full report of the results of the research
shall  be  provided  to  the  CCAMLR  by  the  Member  State,  with  a  copy  to  the
Commission, within twelve months of the date of completion of the research.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Chapter III – Catch and effort Data reporting system

SECTION 1 – CATCH AND EFFORT REPORT

Article 9
Catch and effort report

Community  fishing  vessels  shall  be  subject  to  three  catch  and  effort  reporting
systems accordingcorresponding to the reporting periods as referred to in Articles
10, 11 and 12 for the different species and the FAO statistical areas, sub-areas and
divisions concerned.

The catch and effort report shall contain the following information for the period in
question:

(a)

the name of the vessel,

(b)

its external identification mark,

(c)

the total catch of the relevant species,

(d)

the total number of days and hours fished,

38

3.

4.

5.

6.

7.

1.

2.

3.

1.

(e)

the  catches  of  all  species  and  by-catch  species  kept  on  board  during  the
reporting period,

(f)

in the case of longline fisheries, the number of hooks.

The masters of Community fishing vessels shall submit a catch and  effort report to
the  competent  authorities  of  the  flag  Member  State  at  the  latest  within  one  day
afterfrom the date of the end of the relevant reporting period referred to in Articles
10, 11 and 12.

The  Member  States  shall  notify  the  Commission,  by  computer  transmission,  at  the
latest within three days following from the date of the end of each reporting period,
of the catch and effort report transmitted by each fishing vessel flying their flag and
registered in the Community. Each catch and effort report shall specify the reporting
period of the catch concerned.

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

The  catch  and  effort  reporting  systems  shall  apply  to  species  taken  for  scientific
research  purposes,  whenever  the  catch  within  a  given  period  exceeds  five  tonnes,
except where more specific regulations apply to the particular species.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 10
Monthly catch and effort reporting system

For  the  purposes  of  the  monthly  catch  and  effort  reporting  system,  the  reporting
period shall be a calendar month.

The monthly catch and effort reporting system shall apply to:

(a)

the fishery for Electrona carlsbergi in FAO Antarctic statistical sub-area 48.3;

(b)

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

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 11
Ten-day catch and effort reporting system

For  the  purposes  of  the  ten-day  catch  and  effort  reporting  system,  each  calendar
month  shall  be  divided  into  three  reporting  periods,  designated  by  the  letters  A,  B
and 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.

39

2.

The ten-day catch and effort reporting system shall apply to:

(a)

(b)

(c)

the  fisheries  for  Champsocephalus  gunnari  and  Dissostichus  eleginoides  and
other deep-water species in FAO Antarctic statistical division 58.5.2;

the  exploratory 
Antarcticstatistical sub-area 48.3;

fishery 

for 

the  squid  Martialia  hyadesi 

in  FAO

the fishery for the crab Paralomis spp. (order Decapoda, sub-order Reptantia)
in FAO Antarcticstatistical sub-area 48.3, other than that operated during the
first  phase  of  the  CCAMLR  exploratory  fishery  scheme  for  that  species  and
sub-area.

3.

1.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 12
Five-day catch and effort reporting system

For  the  purposes  of  the  five-day  catch  and  effort  reporting  system,  each  calendar
month shall be 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 respectively.

2.

The five-day catch and effort reporting system shall apply for each fishing season to:

(a)

(b)

the fishery for Champsocephalus gunnari in FAO Antarctic statistical sub-area
48.3;

the fishery for Dissostichus eleginoides in FAO Antarctic statistical sub-areas
FAO 48.3 and 48.4;

(c)      the exploratory fisheries for Dissostichus eleginoides in all the Convention
Area, by fine-scale rectangles as defined in Article 2(d) of Regulation (EC)
(XXX/2003)24.

Following  notification  by  the  CCAMLR  of  the  closure  of  a  fishery  in  the  event  of
failure to transmit the catch and effort report referred to in this Article, the vessel or
vessels  concerned  shall  cease  operating  immediately  in  the  fishery  in  question  and
shall  be  authorised  to  resume  fishing  only  where  the  report  or,  as  appropriate,  an
explanation of the technical difficulties justifying the failure to present a  report has
been sent to the CCAMLR.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

3.

4.

24            Insert references of CCAMLR Technical measures regulation when adopted.

40

                                                
SECTION 2 - MONTHLY FINE-SCALE DATA REPORTING SYSTEMS FOR TRAWL,
LONGLINE AND POT FISHERIES

Article 13
Monthly fine-scale catch and effort data reporting system

Community fishing vessels shall forward to the competent authorities of the Member
State whose flag they fly, for each fishing season, by the fifteenth day of the month
following  that  in  which  fishing  takes  place,  fine-scale  catch  and  effort  data  for  the
month concerned, concerning, as appropriate, trawling, longlining or pot fishing, for
the following species and in theareas below:

(a) Champsocephalus  gunnari  in  FAO  Antarcticstatistical  division  58.5.2  and  in

FAO Antarctic sub-area FAO48.3;

(b) Dissostichus eleginoides in FAO Antarcticstatistical sub-areas  FAO 48.3  and

48.4;

(c) Dissostichus eleginoides in FAO Antarcticstatistical division 58.5.2

(d) Electrona carlsbergi in FAO Antarcticstatistical sub-area 48.3;

(e) Martialia hyadesi in FAO Antarcticstatistical sub-area 48.3;

(f)

spp. 

Paralomis 
in  FAO
Antarcticstatistical sub-area 48.3, other than that fished during the first phase
of the CCAMLR exploratory fishery scheme for that species and sub-area.

sub-order  Reptantia) 

(order  Decapoda, 

In the case of the fisheries referred to in paragraphs 1(ab), and (ef), the data shall be
reported for each laying of pots, and in other cases for each haul.

All  catches  of  target  and  by-catch  species  shall  be  reported  for  individual  species.
The data shall include the numbers of seabirds and marine mammals of each species
caught and released or killed.

Member States shall transmit this information the data referred to in paragraphs 1,
2  and  3  to  the  Commission  at  the  end  of  each  calendar  month.  The  Commission
shall transmit that data to the CCAMLR without delay.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 14
Monthly fine-scale biological data reporting system

Community fishing vessels shall forward to the competent authorities of the Member
State  whose  flag  they  fly,  under  the  same  conditions  and  for  the  same  fisheries  as
those  referred  to  in  Article  13,  representative  samples  of  length  composition
measurements of the target species and by-catch species taken in the fishery.

41

1.

2.

3.

4.

5.

1.

2.

3.

4.

5.

Length  measurements  of  fish  shall  be  of  total  length  rounded  down  to  the  nearest
centimetre  and  representative  samples  of  length  composition  shall  be  taken  from  a
single  fine-scale  grid  rectangle  (0.5°  latitude  by  1°  longitude).  In  the  event
thatWhere a vessel moves from one fine-scale rectangle to another during the course
of  a  month,  thenseparate  length  compositions  shouldshall  be  submitted  for  each
rectangle.

In  the  case  of  data  concerning  the  fishery  referred  to  in  Article  13(1)(d),  a
representative sample shall comprise not less than 500 fish.

At the end of each month Member States shall transmit the notifications received to
the Commission, which shall forward them to the CCAMLR without delay.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 15
Closure of a fishery on grounds of failure to submit a report

Where  the  CCAMLR  notifies  a  Member  State  that  a  fishery  has  been  closed  on  account  of
failure to submit a report as referred toprovided for in Articles 13 and 14, the Member State
concerned shall ensure that its vessels operating in that fishery cease fishing immediately.

SECTION 3 – ANNUAL REPORTING OF CATCHES

Article 16
Total catch data

1.

2.

Without  prejudice  to  Article  15  of  Regulation  (EEC)  No  2847/93,  Member  States
shall notify the Commission, by 31 July each year at the latest, of the total catches
for the preceding year taken by Community fishing vessels flying their flag, broken
down by vessel.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 17 – Aggregated data for krill fisheries

1.            Community  fishing  vessels  that  have  participated  in  krill  fisheries  in  the
Convention  Area  shall  forward,  by  1  January  each  year  to  the  competent
authorities  of  the  Member  State  whose  flag  they  fly,  the  fine-scale  catch  and
effort data for the previous fishing season.

2.            Member  States  shall  aggregate  the  fine-scale  catch  and  effort  data  by  10  x  10
nautical  mile  rectangle  and  10-day  period,  and  transmit  these  data  to  the
Commission by 1 March each year at the latest.

42

3.            For  the  purposes  of  the  fine-scale  catch  and  effort  data,  the  calendar  month
shall be divided into three 10-day reporting periods : day 1 to day 10, day 11 to
day 20 and day 21 to the last day of the month. These 10-day reporting periods
shall be referred to as periods A, B and C.

4.            Detailed rules for the application of this Article shall be adopted in accordance

with the procedure laid down in Article 36(2).

1.

2.

3.

1.

2.

Article 1718
Data for catches of crab in FAO Antarctic statistical sub-area 48.3

Community vessels fishing for crab in FAO Antarctic statistical sub-area 48.3 shall
forward  to  the  Commission,  by  25  September  each  year,  data  concerning  fishing
activities  and  the  catches  of  crab  taken  before  31  August  of  that  year.  The
Commission  shall  forward  these  data  to  the  CCAMLR  by  30  September  each
year.

The data concerning catches taken from 31 August each  year shall be forwarded to
the  Commission  within  two  months  followingfrom  the  date  of  the  closure  of  the
fishery. The Commission shall forward these data to the CCAMLR no later than
three months following the closure of the fishery.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 1819
Fine-scale catch and effort data for the exploratory squid fishery
in FAO Antarcticstatistical sub-area 48.3

Community  vessels  fishing  for  squid  (Martialia  hyadesi)  using  a  jig  in  FAO
Antarctic  statistical  sub-area  48.3  shall  forward  to  the  Commission,  by  25
September  each  year,  at  the  latest,  the  fine-scale  catch  and  effort  data  for  that
fishery. The data shall include the numbers of seabirds and marine mammals of each
species caught and released or killed. The Commission shall forward these data to
the CCAMLR by 30 September each year at the latest.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Chapter IV – Control and inspection at sea

SECTION 1 – CONTROL AND INSPECTION AT SEA

Article 1920
Scope

This Chapter shall apply to Community fishing vessels and fishing vessels flying the flag of
another Contracting Party to the Convention.

43

Article 2021
CCAMLR inspectors appointed designated by the Member States to carry out inspections at
sea

1.

2.

3.

4.

5.

6.

7.

8.

The Member States shall may appoint designate CCAMLR inspectors who may be
placed  on  board  any  Community  fishing  vessel  or,  by  arrangement  with  another
Contracting Party, on board a vessel of the latter, engaged in or about to be engaged
in the harvesting of marine living resources or in scientific research activities related
to fisheries resources in the Convention area.

CCAMLR  inspectors  shall  inspect  vessels  flying  the  flag  of  another  Contracting
Party than the Community and its Member States vessels in the Convention area
for compliance with the applicable conservation measures adopted by the CCAMLR
and,  in  the  case  of  Community  fishing  vessels,  for  compliance  with  any  other
Community conservation or control measures relating to fisheries resources applying
to those vessels.

CCAMLR  inspectors  shall  be  familiar  with  the  fishing  and  scientific  research
activities  to  be  inspected,  the  provisions  of  the  Convention  and  the  conservation
measures adopted under it. The Member States shall certify the qualifications of each
inspector they appoint designate.

Inspectors shall be nationals of the Member State which designates them and, while
carrying  out  inspection  activities,  shall  be  subject  solely  to  the  jurisdiction  of  that
Member State. They shall be accorded the status of ship’s officer while on board and
shall  be  able  to  communicate  in  the  language  of  the  Flag  State  of  the  vessels  on
which they carry out their activities.

Each CCAMLR inspector shall carry an identity document approved or provided by
the  CCAMLR  and 
the
appointmentdesignation.  That  document  shall  indicate  that  the  inspector  has  been
designated to carry out inspections in accordance with the CCAMLR observation and
inspection system.

the  Member  State  which  makes 

issued  by 

Member States shall forward the names of the inspectors they appointdesignate, with
a  copy  to  the  Commission,  to  the  CCAMLR  Secretariat  within  14  days  of  their
appointmentdesignation.

Member  States  shall  cooperate  with  each  other  and  with  the  Commission  in  the
application of the system.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 2122
Determining the activities that may be subject to inspection

Research activities and the harvesting of marine living resources in the Convention area may
be subject to inspection. Those activities shall be presumed where a CCAMLR inspector finds
that the activities of a fishing vessel meet one or more of the following four criteria and there
is no information to the contrary:

44

(a)

fishing gear is in use, has recently been in use or is ready to be used, e.g.including:

(i)

nets, lines or pots were in the water;

(ii)

trawl nets and boards doors are rigged;

(iii) hooks, baited pots or traps or thawed bait are ready for use;

(iv)

logbook indicates recent fishing or fishing in progress commencing;

(b)

fish which occur in the Convention area  are being processed  or  have  recently  been
processed, e.g including:

(i)

fresh fish or fish waste are present on board;

(ii)

fish are being frozen;

(iii) notes  are  present  with  operational  or  processing  product  information  is

available in this respect;

(c)

fishing gear from the vessel is in the water, e.g.including:

(i)

fishing gear bears the vessel’s markings;

(ii)

fishing gear is identical with that on board the vessel;

(iii)

the logbook indicates that gear is in the water;

d)

fish (or their products) which occur in the Convention area are stowed on board.

1.

2.

1.

Article 2223
Marking of vessels carrying inspectors

Vessels carrying CCAMLR inspectors shall fly a special flag or pennant approved by
the  CCAMLR  to  indicate  that  the  inspectors  on  board  are  carrying  out  inspection
duties in accordance with the CCAMLR inspection system.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 2324
Inspection procedures at sea

Any Community vessel present in the Convention area for the purpose of harvesting
or  conducting  scientific  research  on  marine  living  resources  shall,  when  given  the
appropriate signal in the International Code of Signals in accordance with Article 22
above  by  a  vessel  carrying  a  CCAMLR  inspector,  in  accordance  with  Article  23,
stop or take other such actions as necessary to facilitate the safe and prompt transfer
of the inspector to the vessel, unless except where the vessel is actively engaged in
harvesting operations, in which case it shall do so as soon as practicable.

45

2.

3.

4.

5.

The  master  of  the  vessel  shall  permit  the  inspector,  who  may  be  accompanied  by
assistants,  to  board  the  vessel.  On  boarding  a  vessel,  an  inspector  shall  present  the
document  describedreferred  to  in  Article  2021(5).  Inspectors  shall  be  provided
appropriate  assistance  by  the  master  of  the  vessel  in  carrying  out  their  duties,
including access as necessary to communications equipment.

The  inspection  shall  be  carried  out  so  that  the  vessel  is  subject  to  the  minimum
interference  and  inconvenience.  Inquiries  shall  be  limited  to  the  ascertainment  of
facts in relation to compliance with the CCAMLR measures in effect for applicable
to the flag State concerned.

Inspectors shall have the authority to inspect catches, nets and other fishing gear as
well as harvesting and scientific research activities, and shall have access to records
and  reports  of  catch  and  location  data  insofar  as  necessary  to  carry  out  their
functions.  Inspectors  may  take  photographs  and/or  video  footage  as  necessary  to
document  any  alleged  breach  of  conservation  measures  in  force  adopted  by  the
CCAMLR.

CCAMLR inspectors shall affix an identification mark approved by the CCAMLR to
any  net  or  other  fishing  gear  which  appears  to  have  been  used  in  breach  of  the
conservation measures in force. They shall record this fact in the report referred to in
Article 2425(3) and (4).

6.            If  a  vessel  refuses  to  stop  or  otherwise  facilitate  transfer  of  an  observer  or
inspector,  or  if  the  master  or  crew  of  a  vessel  interferes  with  the  authorised
activities  of  an  observer  or  inspector,  the  observer  or  inspector  involved  shall
prepare a detailed report, including a full description of all  the  circumstances,
and provide the report to the designating State to be transmitted in accordance
with the relevant provisions of Article 25.

Interference with an observer or inspector or failure to comply with reasonable
requests made by an observer or inspector in the performance of his duties shall
be  treated  by  the  flag  Member  State  as  if  the  observer  or  inspector  were  an
observer or inspector of that Member State.

The  flag  Member  State  shall  report  on  actions  taken  under  this  paragraph  in
accordance with Article 26.

Before leaving the vessel that has been inspected, the CCAMLR inspector shall give
the  master  of  that  vessel  a  copy  of  the  completed  inspection  report  referred  to  in
Article 24 25.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 2425
Inspection report

Inspections at sea carried out in accordance with Article 23 24 shall be the subject of
an inspection report drawn up as follows:

7.

8.

1.

46

(a) CCAMLR  inspectors  shall  report  on  any  alleged  breach  of  the  conservation
measures  in  force.  Inspectors  shall  allow  the  master  of  the  vessel  being
inspected  to comment,  on  the inspection  report  form, about  any  aspect  of  the
inspection;

(b)

inspectors  shall  sign  the  inspection  report  form.  The  master  of  the  inspected
vessel  shall  be  invited  to  sign  the  inspection  report  form  to  acknowledge
receipt of the report.

The CCAMLR inspector shall provide a copy of the inspection form along together
with photographs and video footage to the designating Member State not later than
15 days following his/her from the date of his return to port.

The  Member  State  which  appointed  designated  the  CCAMLR  inspector  shall
forward  a  copy  of  the  inspection  form  not  later  than  15  days  from  the  date  of  its
receipt,  together  alongwith  two  copies  of  photographs  and  video  footage  to  the
CCAMLR.

The  Member  State  shall  also  forward  one  copy  of  the  report  together  with
copies of photographs and video footage to the Commission no later than seven
days  from  the  date  of  its  receipt  together  with  any  supplementary  report  or
information transmitted subsequently to the CCAMLR regarding the inspection
report.

Any  Member  State  which  receives  an  inspection  report  or  any  supplementary
reports  or  information  concerning  a  vessel  flying  its  flag  shall  notify  the
Commission  thereof  without  delay,  enclosing  a  copy  of  any  comments  and/or
observations  it  may  have  forwarded  to  the  CCAMLR  following  receipt  of  the
inspection  report  and,  where  appropriate,  any  supplementary  report  or  information
received latersuch reports or information.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

Article 2526
Infringement procedure

IfWhere,  as  a  result  of  inspection  activities  carried  out  in  accordance  with  the
CCAMLR  inspection  system,  there  is  evidence  of  breach  of  the  measures  adopted
under  the  Convention,  the  flag  Member  State  shall  take  steps  to  prosecute  and,  if
necessary, impose  penalties ensure  that appropriate measures  are  taken  against
the natural or legal persons responsible for the breach of the measures adopted
under  the  Convention  in  accordance  with  Article  25  of  Regulation  (EC)  N°
2371/200225.

The  flag  Member  State  shall,  within  fourteen  days  from  the  date  of  the  laying  of
charges  or  the  initiation  of  proceedings  relating  to  a  prosecution,  inform  the
CCAMLR  and  the  Commission,  and  keep  them  informed  of  the  progress  of  the
proceedings and their outcome.

2.

3.

4.

5.

1.

2.

25            OJ L 358, 31.12.2002., p. 59.

47

                                                
3.

4.

5.

6.

1.

2.

The flag Member State shall at least once a year report in writing to the CCAMLR,
on the outcome of the proceedings as referred to in paragraph 1 and the penalties
imposed.  If  the  proceedings  have  not  been  completed,  a  progress  report  shall  be
made.  When  proceedings  have  not  been  launched,  or  have  been  unsuccessful,  the
report shall contain an explanation. The flag Member State shall send a copy of the
report to the Commission.

Penalties  provided  for  by  flag  Member  States  in  respect  of  infringements  of
CCAMLR conservation measures shall be sufficiently severe as to effectively ensure
compliance with those measures and to discourage infringements, and shall seek to
deprive offenders of any economic benefit accruing from their illegal activities.

The flag Member State shall ensure that any of its vessels which have been found to
have  contravened  a  CCAMLR  conservation  measure  do  not  carry  out  fishing
operations  within  the  Convention  area  until  they  have  complied  with  the  penalties
imposed.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

CHAPTER VSECTION 2 – CONTROL AND INSPECTION IN PORT

Article 2627
Control and inspection in port

Member  States  shall  carry  out  checks  on  Community  fishing  vessels  and  on  those
flying the flag of another Contracting Party to the Convention which are intending to
land  or  transship  Dissostichus  spp.  at  their  ports.  Member  States  shall  undertake
inspection  of  all  fishing  vessels  carrying  Dissostichus  spp.  which  enter  their
ports.

The checks inspections shall seek to establish that :

(a) 

the catch to be landed or transshipped :

(i)

is accompanied by the catch document for Dissostichus required under Council
Regulation (EC) No 1035/200126 and,

(ii)

that it corresponds to the information contained in the document and,;

(b) 

where  the  vessel  has  engaged  in  harvesting  activities  in  the  Convention  area,
that they are in compliance with the CCAMLR conservation measures.

To  facilitate  checksthe  inspections,  the  Member  States  shall  require  the  vessels
concerned to provide advance notice of their entry into port and to declare in writing
that  they  have  not  engaged  in  or  supportedunlawful  illegal,  unregulated  and
unreported fishing activities in the Convention area or have not provided support for
activities of this type. Entry into port shall be refused, save in emergencies, to vessels

26

OJ L 145, 31.05.2001, p. 1.

48

                                                
which fail to declare that they have not taken part in unlawfulillegal, unregulated and
unreported fishing activities or which fail to forward theirmake a declaration.

In the  case of vessels authorised to enter port, the competent authorities in  the port
Member State shall carry out their checks inspections as rapidly as possible and at
the latest within 48 hours following entry into port.

Inspections shall impose no undue burdens on the vessel or its crew, and shall
the  CCAMLR  System  of
be  guided  by 
Inspection.Checks shall not unduly inconvenience vessels or crew, and shall comply
with the relevant provisions of the CCAMLR inspection system.

the  relevant  provisions  of 

Where  there  is  evidence  that  the  vessel  has  fished  in  breach  of  the  CCAMLR
conservation measures, the competent authorities in the port Member State shall not
authorise the landing or transhipment of the catch.

The  port  Member  State  shall  notify  the  flag  Member  State  of  its  findings  of  the
checks and cooperate with it in carrying out an investigation into the alleged breach
and, where appropriate, applying the penalties provided for under national law.

Member  States  shall  notify  the  CCAMLR  at  the  earliest  opportunity  of  any  vessel
covered  byreferred  to  in  paragraph  1  this  Article  to  which  access  to  port  or
authorisation  to  land  or  tranship  Dissostichus  spp.  has  been  refused.  They  The
Member  States  shall  simultaneously  transmit  a  copy  of  that  information  to  the
Commission at the same time.

Detailed rules for the application of this Article shall be adopted in accordance with
the procedure laid down in Article 361(2).

3.

4.

5.

Chapter VI – Vessels engaged in Illegal, Unregulated and Unreported
(IUU) fishing in the Convention Area Control measures applicable
to vessels of a non-Contracting Party to the Convention

SECTION 1 – CONTRACTING PARTY VESSELS

(Articles 27, 28 and 29 of the proposal are replaced by Articles 27 to 34 hereafter)

Article 2728
IUU activities carried out by Contracting Party vessels

1.            For the purposes of this section, a Contracting Party vessel may be presumed to
have  carried  out  IUU  activities  that  have  undermined  the  effectiveness  of  the
CCAMLR conservation measures where it has :

(a)     engaged  in  fishing  activities  in  the  Convention  Area  without  the  special
fishing permit referred to  in Article  3  or, in  the  case  of  a  vessel  which  is
not  a  Community  fishing  vessel,  a  license  issued  in  accordance  with  the

49

relevant  CCAMLR  conservation  measures,  or 
conditions of such permit or license;

in  violation  of  the

(b)     failed to record or to declare its catches  made in the Convention Area in
accordance  with  the  reporting  system  applicable  to  the  fisheries  they
engaged in, or made false declarations;

(c)      fished during closed fishing periods or in closed areas in contravention of

CCAMLR conservation measures;

(d)     used  prohibited  gear 

in  contravention  of  applicable  CCAMLR

conservation measures;

(e)      transhipped  or  participated  in  joint  fishing  operations  with  vessels

appearing on the CCAMLR IUU Vessel List;

(f)      engaged in fishing activities contrary to any other CCAMLR conservation
measures in a manner that undermines the attainment of the objectives of
the Convention as set out in Article XXII of the Convention; or

(g)     engaged in fishing activities in waters adjacent to the Convention area in a
manner that undermines the attainment of the objectives of the CCAMLR
conservation measures.

2.            In the case of Community fishing vessels, references to CCAMLR conservation
measures  in  paragraph  1  shall  be  understood  as  references  to  the  relevant
provisions of Regulation (EC) (XXX/2003)27, the provisions of Regulation (EC)
1035/2001,  or  the  provisions  of  the  Regulation  fixing  each  year  the  fishing
opportunities and associated conditions for certain fish stocks and groups of fish
stocks, applicable in Community waters and, for Community vessels, in waters
where catch limitations are required, implementing such measures.

Article 29
Identification of vessels engaged in IUU activities

1.            Member States that obtain  suitably documented  information  regarding  vessels
that  fall  under  one  or  more  of  the  criteria  set  out  in  Article  28,  on  the  basis,
inter  alia,  of  the  application  of  the  provisions  of  Articles  19  to  26,  shall
communicate this information to the Commission by 15 March, at the latest, of
the  year  following  that  in  which  the  documented  vessel  activities  have  taken
place.

The Commission shall transmit to the CCAMLR the information received from
Member States by 30 April at the latest.

2.            The  Commission  shall  communicate  to  the  Member  States,  immediately  upon
receipt from the CCAMLR, the draft list of Contracting Party vessels presumed
to have carried out IUU activities.

27            Insert references of CCAMLR Technical measures regulation when adopted.

50

                                                
The Member State or Member States whose vessels appear on the draft list shall
transmit  to  the  Commission  by  1  June,  at  the  latest,  their  comments,  as
appropriate,  including  verifiable  VMS  data  and  other  supporting  information
showing  that  the  vessels  listed  have  not  engaged  in  fishing  activities  in
contravention  of  CCAMLR  conservation  measures.  The  Commission  shall
transmit  such  comments  and  supplementary  information  to  the  CCAMLR  by
30 June, at the latest.

3.            Upon receipt of  the draft list  referred  to  in  paragraph  2,  Member  States  shall
monitor closely the vessels listed in order to track their activities and detect any
possible change of name, flag or ownership thereof.

4.            The  Commission  shall  communicate  to  the  Member  States,  immediately  upon
receipt  from  the  CCAMLR,  the  list  of  Contracting  Party  vessels  appearing  in
the provisional IUU Vessel List. Member States shall submit to the Commission
any  additional  comments  or  information  regarding  the  listed  vessels,  at  least
two  months  in  advance  of  the  following  CCAMLR  Annual  Meeting.  The
Commission  shall 
immediately  transmit  such  additional  comments  and
information to the CCAMLR.

5.            The  Commission  shall  notify  member  States  each  year  the  IUU  Vessel  List

adopted by the CCAMLR.

Article 30
Measures in respect of Contracting Party vessels

1.            Member  States  shall  take  all  necessary  measures  in  accordance  with  national

and Community law, in order that :

a)       no  special fishing permit  referred  to  in  Article  3  is  issued  to  Community
fishing vessels appearing in the IUU Vessel List to fish in the Convention
Area;

b)      no  license  or  special  fishing  permit  is  issued  to  vessels  appearing  in  the

IUU Vessel List to fish in waters under their sovereignty or jurisdiction;

c)       their flag is not granted to vessels appearing in the IUU Vessel List;

d)      vessels  appearing  in  the  IUU  vessel  list  that  enter  their  ports  voluntarily

are inspected in port in accordance with Article 27.

2.            The following activities shall be prohibited

(a)     by derogation of Article 11 of Regulation (EEC) 2847/93, for Community
fishing  vessels,  support  vessels,  mother-ships  and  cargo  vessels,  to
participate  in  any  transhipment  or  joint  fishing  operations  with  vessels
appearing on the IUU Vessel List;

(b)     for vessels appearing in the IUU Vessel List that enter ports voluntarily, to

land or tranship therein;

(c)      to charter vessels appearing on the IUU Vessel List;

51

(d)     to import Dissostichus spp. from vessels appearing in the IUU Vessel List;

3.            Member  States  shall  not  validate  the  export  or  re-export  documents
accompanying a shipment of Dissostichus spp under  the  relevant provisions of
Regulation  (EC)  1035/2001  when  the  shipment  concerned  is  declared  to  have
been caught by any vessel included in the IUU Vessel List.

4.            The  Commission  shall  collect  and  exchange  with  other  Contracting  Parties  or
fishing  entities,  any
cooperating  non-Contracting  Parties,  entities  or 
appropriate  information  which  is  suitably  documented  with  a  view  to  detect,
control  and  prevent  the  use  of  false  import/export  certificates  regarding  fish
from vessels appearing in the IUU Vessel List.

SECTION 2 – NON-CONTRACTING PARTY VESSELS

Article 31
IUU activities carried out by non-Contracting Party vessels

1.            A  non-Contracting  Party  vessel  which  has  been  sighted  engaging  in  fishing
activities en the Convention Area or which has been denied port access, landing
or transhipment in accordance with Article 27 shall be presumed to hae carried
out IUU activities that have undermined the effectiveness of the CCAMLR.

2.            In  the  case  of  transhipment  activities  inside  or  outside  the  Convention  area
involving  the  participation  of  a  sighted  non-Contracting  Party  vessel,  the
presumption that the effectiveness of the CCAMLR conservation measures has
been undermined shall apply to any other  non-Contracting  Party  vessel  which
was engaged in those activities with that vessel.

Article 32
Inspection of non-Contracting Party vessels

1.            Member States shall ensure that each non-Contracting Party vessel as referred
to  in  Article  31  that  enters  their  ports  is  inspected  by  their  competent
authorities in accordance with Article 27.

2.            Vessels  inspected  pursuant  to  paragraph  1  shall  not  be  allowed  to  land  or
tranship  any fish species  subject  to  CCAMLR  conservation  measures  which  it
may be holding on board except where the vessel establishes that the fish were
caught  in  compliance  with  such  measures  and  the  requirements  under  the
Convention.

Article 33
Information on non-Contracting Party vessels

1.            A Member State which sights the non-Contracting Party vessel or denies it port
access,  landing  or  transhipment  under  Articles  31  and  32  shall  attempt  to
inform  the  vessel  it  is  presumed  to  be  undermining  the  objective  of  the

52

Convention  and  that  this  information  will  be  distributed  to  all  Contracting
Parties, to CCAMLR, and to the Flag State of the vessel.

2.            Member  States shall immediately transmit  to  the  Commission  the  information
regarding  sightings,  denial  of  port  access,  landings  or  transhipments,  and  the
results  of  all  inspections  conducted  in  their  ports,  and  any  subsequent  action
they  have  taken  in  respect  of  the  vessel  concerned.  The  Commission  shall
transmit this information immediately to the CCAMLR.

3.            Member  States  may  at  any  time  submit  to  the  Commission  for  immediate
transmission  to  CCAMLR  any  additional  information,  which  may  be  relevant
for  the  identification  of  non-Contracting  Party  vessels  that  might  be  carrying
out IUU fishing activities in the Convention Area.

4.            The  Commission  shall  notify  to  the  Member  States  each  year  the  non-
Contracting  Party  vessels  appearing  in  the  IUU  Vessel  List  adopted  by
CCAMLR.

Article 34
Measures in respect of non-Contracting Party vessels

The  provisions  of  Article  30(1),  (2)  and  (3)  shall  apply  mutatis  mutandis  to  the  non-
Contracting Party vessels listed in the IUU Vessels List referred to in Articcle 33(4).

Chapter VII – Final provisions

Article 3035
Implementation

The measures necessary for implementing Articles 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17,
18,  2019,  2221,  23,  24,  25,  26,  27  and  29  27  shall  be  adopted  in  accordance  with  the
management procedure referred to in Article 361(2).

1.

2.

3.

28

Article 3136
Committee

The  Commission  shall  be  assisted  by  the  Committee  set  up  under  Article  17  30  of
Council Regulation (EEC) No 3760/922371/200228.

Where reference is made to this paragraph, the management procedure provided for
in Articles 4 and 7 of Decision 1999/468/EC shall apply, subject to the provisions of
Article 7 thereof.

The period referred to laid down in Article 4(3) of Decision 1999/468/EEC shall be
set at [one] month.

OJ L 389, 31.12.1992, p.1.358, 31.12.2002, p.59

53

                                                
Article 372
Repeal

Regulations  (EEC)  No  3943/1990,  (EC)  No  66/98,  and  (EC)  No  1721/1999  are  hereby
repealed.

Article 338
Entry into force

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

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

Done at Brussels,

For the Council
The President

54