Council Regulation (EC) No 600/2004 of 22 March 2004 laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources
Date: 2004-03-22
Institutions: Council of the European Union
Subjects: Antarctica, conservation of fish stocks, fishing area, fishing controls, fishing regulations, international convention

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 600/2004

of 22 March 2004

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 Com-
munity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

The Convention on the Conservation of Antarctic
Marine Living Resources, (Convention), was approved by
the Community by Decision 81/691/EEC (2) 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 establish-
ment of a Commission for
the Conservation and
Management of Antarctic Marine Living Resources,
(CCAMLR), and the adoption by the CCAMLR of conser-
vation measures which become binding on the
Contracting Parties.

The measures

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.
stipulations
concerning the use of certain types of fishing gear, the
regarded as
banning of certain types of equipment
harmful
the
to the environment,
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.

the reduction of

include

the

adopted by the
Some of
CCAMLR have been transposed by Council Regulation
(EEC) No 3943/90 of 19 December 1990 on the appli-

technical measures

(1) Opinion delivered on 16 December 2003 (not yet published in the

Official Journal).

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

cation of the system of observation and inspection estab-
lished under Article XXIV of the Convention on the
Conservation of Antarctic Marine Living Resources (3),
and by Council Regulation (EC) No 66/98 of 18
December 1997 laying down certain conservation and
control measures applicable to fishing activities in the
Antarctic (4).

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 should be amended later.

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 should be repealed by Council
Regulation (EC) No 601/2004 of 22 March 2004 laying
down certain control measures applicable to fishing
activities in the area covered by the Convention on the
conservation of Antarctic marine living resources (5), and
the Community arrangements should be supplemented
by this Regulation. This is without prejudice to the inclu-
sion of certain technical measures specific to certain
exploratory fisheries in the Regulations adopted by the
Community annually on the fishing possibilities allo-
cated to Community vessels and the conditions asso-
ciated with them (the annual ‘TACs and quotas’ Regula-
tions).

The measures necessary for the implementation of this
Regulation and for bringing the Annexes into line with
to the technical measures
the regular amendments
adopted by the CCAMLR pursuant to the Convention
should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the proce-
dures for the exercise of implementing powers conferred
on the Commission (6),

(5)

(6)

(7)

(3) OJ L 379, 31.12.1990, p. 45.
(4) OJ L 6, 10.1.1998, p. 1. Regulation as last amended by Regulation

(EC) No 2742/1999 (OJ L 341, 31.12.1999, p. 1).

(5) See page 16 of this Official Journal.
(6) OJ L 184, 17.7.1999, p. 23.

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HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

This Regulation lays down technical measures concerning
1.
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 Conser-
vation of Antarctic Marine Living Resources, (Convention).

2.
This Regulation shall apply without prejudice to the
provisions of the Convention and shall operate in furtherance
of the 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) ‘Convention area’: means the area of application of the

Convention as defined in Article I thereof;

(b) ‘Antarctic convergence’: means a line joining the following
points along parallels of latitude and meridians of longi-
tude: 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°;

(c) ‘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
in the
Convention area;

taken from marine living resources

(d) ‘fine-scale rectangle’: means an area of 0,5° latitude by 1o
longitude from the northwest angle of the statistical sub-
area or division. A rectangle is defined by the latitude of its
most northerly limit and the longitude of its nearest 0°
limit;

(e) ‘new fishery’: means a fishery for a species using a particu-
lar 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’ defined in paragraph (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 fish-
ery'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 formu-
late and provide advice on appropriate harvest catch
levels, as well as on effort levels and fishing gear where
appropriate.

CHAPTER II

FISHING GEAR

Article 3

Permitted fishing 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 by vessels using trawls or
longlines only.

The fishery for Champsocephalus gunnari in FAO statistical
3.
sub-area 48.3 shall be conducted by vessels using trawls only.
The use of bottom trawls in the directed fishery for Champsoce-
phalus gunnari in that sub-area is prohibited.

The fishery for Champsocephalus gunnari in FAO statistical
4.
sub-area 58.5.2 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 longi-
tude 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 51o S with the meridian of longitude
74°30' E; and

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

commencement.

The fishery for crab in FAO statistical sub-area 48.3 shall

6.
be conducted by vessels using pots only.

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Article 4

Mesh sizes

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

(a) Champsocephalus gunnari

(b) Dissostichus eleginoides

(c) Gobionotothen gibberifrons

(d) Lepidonotothen squamifrons

(e) Notothenia rossii

(f) Notothenia kempi.

The use of any means or device which would obstruct or

2.
diminish the size of the meshes is prohibited.

Article 5

Control of mesh sizes

For the nets referred to in Article 4, the minimum mesh size
provided for in Annex I shall be determined in accordance with
the rules laid down in Annex II.

All plastic residue shall be stored on board a vessel until

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

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
20(2).

Article 8

Incidental mortality of seabirds in the course of longline
fishing

1.
Longline 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 7, longlines shall be set
at night only (i.e. during the hours of darkness between the
times of nautical twilight).

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

Article 6

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

Crab fisheries in FAO statistical sub-area 48.3

1.
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.

2.
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 7

Use and disposal of plastic packaging bands on Com-
munity fishing vessels

The use by Community fishing vessels of plastic packa-

1.
ging bands to secure bait boxes is prohibited.

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

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

3. Without prejudice to paragraph 8, the discharging of
offal overside is prohibited while longlines are being set. The
discharging of offal during the haul shall be avoided as far as
possible. Where discharging 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 discharging, fish
hooks should be removed from offal and fish heads.

Vessels shall be so configured that they dispose of 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.

4.
Every effort shall be made to ensure that sea birds
captured alive during longlining are released alive and that
where possible hooks are removed without jeopardising the life
of the bird.

5.
A streamer line designed to discourage sea 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.

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Other variations in the design of streamer lines may be
6.
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.

7.
The prohibition to set longlines at day provided for in
paragraph 2 shall not apply to fishing in FAO statistical sub-
areas 48.6 south of 60° S, 88.1, 88.2 and division 58.4.2
provided the following conditions are fulfilled:

(a) on the issue of

the licence for this fishery,

the vessel

concerned can demonstrate to the competent authorities:

(i) its ability to comply fully with either of the exploratory
protocols for the setting of longlines set out in Annex
IV. Member States shall report to the CCAMLR on the
results of technical controls carried out to this end on
each licensed vessel;

(ii) the arrangements made to ensure the presence of the
scientific observers it is required to carry on board in
accordance with Article 14(2);

CHAPTER III

CONDUCT OF FISHING ACTIVITIES

Article 10

Movement of vessels in relation to their level of by-catch

1.
In the case of fisheries other than new or exploratory
fisheries, 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
2.
fishing vessels shall move in relation to the level of their by-
catches in accordance with Annex V, point B.

(b) the vessel concerned demonstrates a consistent minimum
line sink rate of 0,3 m/s during its fishing operations;

Article 11

(c) the vessel concerned does not catch more that two seabirds.
Any vessel catching a total of three seabirds shall immedi-
ately revert to night setting.

Special measures applicable to the exploratory fisheries
for Dissostichus spp.

By derogation to paragraph 3, there shall be no offal

8.
discharge in the fisheries referred to in paragraph 7.

9.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
20(2).

Article 9

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

In the course of trawl fishing, the use of net monitor

1.
cables is prohibited.

Community fishing vessels participating in the explora-
1.
tory fishery for Dissostichus spp. using the trawl or longline
for such fisheries
methods in the Convention area, except
where the CCAMLR has given specific exemptions,
shall
operate in accordance with the rules set out in paragraphs 3
to 6.

For the purposes of this Article, a haul comprises a single
2.
deployment of
In longline fisheries, a haul
comprises the setting of one or more lines in a single location.

the trawl net.

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 601/2004
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.

2.
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.

4.

In order to give effect to paragraph 3:

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

The discharging at sea of offal shall be prohibited during

3.
the shooting and hauling of trawl gear.

(b) the precise geographic position of a haul in longline fish-
eries shall be determined by the centre-point of the line or
lines deployed;

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
20(2).

(c) the fine-scale rectangle in which a vessel is deemed to be
fishing will be that in which the precise geographic posi-
tion of a haul lies;

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(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.

Each haul of a longline shall have, except in exceptional
5.
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
20(2).

Article 14

Activities subject to scientific observation

During each fishing period Community fishing vessels
1.
shall carry on board at least one scientific observer and, where
possible, one additional scientific observer when fishing for:

(a) Champsocephalus gunnari
and division 58.5.2;

in FAO statistical sub-area 48.3

(b) crab in FAO statistical sub-area 48.3;

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

48.4 and division 58.5.2; or

Article 12

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

Special measures applicable to the fishery for Champsoce-
phalus gunnari in FAO statistical sub-area 48.3

1.
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 (spawning period).

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

3. 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.

4.
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.

5.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
20(2).

CHAPTER IV

SCIENTIFIC OBSERVATION ON BOARD VESSELS OPERATING
IN THE CONVENTION AREA

Article 13

Object and scope

The scientific observation system adopted by the CCAMLR
under Article XXIV of the Convention shall apply, in accord-
ance with this Chapter, to Community fishing vessels carrying
on fishing and research operations in the Convention area.

2.
Community fishing vessels shall also carry on board at
least two scientific observers, one of whom shall be a CCAMLR
Scientific observer designated in accordance with Article 15,
when participating in an exploratory fishery as referred to in
Article 11 of this Regulation or in another exploratory fishery
authorised in accordance with Article 7 of Regulation (EC) No
601/2004.

By way of derogation from paragraph 2, vessels partici-
3.
pating in exploratory fisheries for Dissostichus spp.
in FAO
statistical divisions 48.3.a) and 48.3.b) shall carry on board at
least one CCAMLR scientific observer and, where possible, one
additional scientific observer.

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
20(2).

Article 15

Scientific observers

shall

States

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

designate

The duties and tasks of scientific observers carried on

2.
board vessels are set out in Annex VII.

3.
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
4.
and scientific research activities to be observed, the provisions
of
the
the Convention and the measures adopted under
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.

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Scientific observers shall carry a document, issued by the
5.
Member State which designates them in a form approved by
the CCAMLR, identifying them as CCAMLR scientific observers.

shall present

Scientific observers

to the CCAMLR,
6.
through the Member State which designates 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 using the observa-
tion formats approved by the CCAMLR Scientific Committee. A
copy shall be transmitted to the flag State of
the vessel
concerned and to the Commission.

(g) Designating countries

scientific
observers carry insurance satisfactory to the CCAMLR
Members concerned.

shall ensure that

their

(h) Designating countries shall be responsible for the transpor-
tation of scientific observers to and from the places of
embarkation.

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

Detailed rules for the application of this Article shall be
7.
adopted in accordance with the procedure laid down in Article
20(2).

Detailed rules for the application of this Article shall be
3.
adopted in accordance with the procedure laid down in Article
20(2).

Article 16

Arrangements on the placing of observers on board
vessels

1.
The placing of scientific observers on board Community
fishing vessels conducting fishing or scientific research opera-
tions shall take place in accordance with the bilateral arrange-
ments concluded to that end with another CCAMLR member.

The bilateral arrangements referred to in paragraph 1

2.
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) The flag Member State shall ensure that vessel operators
provide scientific observers on board vessels flying its flag
with every assistance in carrying out their duties. Among
other things, scientific observers shall have free access to
the vessel's data and operations in order to be able to carry
out their duties as required by the CCAMLR.

(c) The flag Member State shall take appropriate action to
ensure the safety and well-being of scientific observers in
carrying out their duties on board 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
transmit and receive messages using the vessel's communi-
cations equipment and with the assistance of the operator.
All reasonable costs incurred in making these communica-
tions shall 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.

(f) The scientific observers shall provide the masters concerned

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

Article 17

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
conclusion of each bilateral arrangement referred to in Article
11. The following information shall be provided for each
observer:

(a) date of conclusion of the arrangement;

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

(c) Member State responsible for designating observers;

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

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

CCAMLR Secretariat
data, etc.);

(f) expected dates set for the start and end of the observation

programme; and

(g) expected date set
country of origin.

for the return of observers to their

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

CHAPTER V

FINAL PROVISIONS

Article 18

Amendment of annexes

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

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Article 19

Implementation

The measures necessary for the implementation of Articles 7,
8, 9, 11, 12, 14, 15, 16 and 17 shall be adopted in accordance
with the procedure referred to in Article 20(2).

Article 20

Committee procedure

1.
The Commission shall be assisted by the Committee set
up under Article 30 of Council Regulation (EC) No 2371/2002
of 20 December 2002 on the conservation and sustainable
exploitation of fisheries resources under the Common Fisheries
Policy (1).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

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

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EEC shall apply.

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

4.

The Committee shall adopt its Rules of Procedure.

Article 21

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 Union.

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

Done at Brussels, 22 March 2004.

For the Council

The President

J. WALSH

(1) OJ L 358, 31.12.2002, p. 59.

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ANNEX I

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

Species

Type of net

Notothenia rossii

Trawls, Danish seines and similar nets

Dissostichus eleginoides

Trawls, Danish seines and similar nets

Goibionotothen gibberifrons

Trawls, Danish seines and similar nets

Notothenia kempi

Trawls, Danish seines and similar nets

Lepidonotothen squamifrons

Trawls, Danish seines and similar nets

Champsocephalus gunnari

Trawls, Danish seines and similar nets

Minimum mesh
size

120 mm

120 mm

80 mm

80 mm

80 mm

90 mm

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RULES FOR DETERMINING MINIMUM MESH SIZES WITHIN THE MEANING OF ARTICLE 5

ANNEX II

A. Description of gauges

1. The gauges to be used for determining mesh size shall be 2 mm thick, flat, of durable material and capable of
retaining their shape. They shall have either a series of parallel-edged sides connected by intermediate tapering
edges with a taper of one to eight on each side, or only tapering edges with the taper specified above. They shall
have a hole at the narrowest extremity.

2. Each gauge shall be inscribed on its face with the width in millimetres both 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. The net shall be stretched in the direction of the long diagonal of the meshes.

2. A gauge as described in paragraph A shall be inserted by its narrowest extremity into the mesh opening in a

direction perpendicular to the plane of the net.

3. The gauge shall be inserted into the mesh opening either manually or using a weight or dynamometer, until it is

stopped at the tapering edges by the resistance of the mesh.

C. Selection of meshes to be measured

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

long axis of the net.

2. Meshes situated less than 50 cm from lacings, ropes or codline shall not be measured. This distance shall be
measured perpendicular to the lacings, ropes or codline with the net stretched in the direction of that measure-
ment. 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 paragraph B.

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 paragraphs C and D, the arithmetical mean being rounded up to
the nearest millimetre.

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

F. Sequence of inspection procedure

1. The inspector shall measure one series of 20 meshes, selected in accordance with paragraph C, inserting the

gauge manually without using a weight or dynamometer.

The mesh size of the net shall then be determined in accordance with paragraph E.

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 paragraph C shall be measured.

The mesh size shall then be recalculated in accordance with paragraph E, taking into account the 60 meshes
already measured. Without prejudice to 2 this shall be the mesh size of the net.

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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 dynam-
ometer attached to the gauge; 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, a force of 19,61 newtons (equiva-
lent to a mass of two kilograms) shall be applied and a force of 49,03 newtons (equivalent to a mass of five kilo-
grams), shall be applied for other nets.

For the purposes of determining the mesh size in accordance with paragraph E, only one series of 20 meshes
shall be measured wherever a weight or dynamometer is used.

ANNEX III

DETAILED DESCRIPTION OF THE STREAMER LINE REFERRED TO IN ARTICLE 8(5) AND METHOD OF
DEPLOYMENT

1. The streamer line is to be suspended at the stern from a point approximately 4,5 m above the water and such that

the line is directly above the point where the baits hit the water.

2. The streamer line is to be approximately 3 mm diameter, have a minimum length of 150 m and have a device at

the end to create tension so that the main line streams directly behind the vessel even in cross winds.

3. At 5 m intervals commencing from the point of attachment to the vessel five branch streamers each comprising two
strands of approximately 3 mm diameter cord should be attached. The length of the streamer should range between
approximately 3,50 m nearest the vessel to approximately 1,25 m for the fifth streamer. When the streamer line is
deployed the branch streamers should reach the sea surface and periodically dip into it when the vessel heaves.
Swivels should be placed in the streamer line at the towing point, before and after the point of attachment of each
branch streamer and immediately before any weight placed on the end of the streamer line. Each branch streamer
should also have a swivel at its attachment to the streamer line.

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

ANNEX IV

PROTOCOL A

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

(a) set a minimum of five longlines with a minimum of four time depth recorders (TDR) on each line;

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

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

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

and

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

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

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

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

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

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

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

line;

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

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

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

A3. The vessel shall:

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

(b) report daily to the fishery manager; and

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

manager at the end of the season.

PROTOCOL B

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

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

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

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

halfway between weights;

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

the longline to sink from the surface (0 m) to 10 m;

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

(e) if the minimum sink rate is not achieved at all 20 sample points (four tests on five lines), continue testing until

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

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

Convention area.

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

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

undertaken on the middle one-third of the line;

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

the line;

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

halfway between weights;

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

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

B3. The vessel shall whilst operating under this exemption:

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

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

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

the relevant national agency at the end of the season.

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

Bottle set-up

B5. 10 m of 2 mm multifilament nylon snood twine, or equivalent, is securely attached to the neck of a 750 ml
plastic bottle (1) (buoyancy about 0,7 kg) with a longline clip attached to the other end. The length measurement is
taken from the attachment point (terminal end of the clip) to the neck of the bottle, and should be checked by the
observer every few days.

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

Test

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

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

Line sink rate = 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.

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

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

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ANNEX V

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

A. Regulated fisheries

1. 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 one 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 return to any point within a radius of five
nautical miles of the location where the by-catch exceeded one tonne, for a period of at least five days.

2. 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 five percent of the total catch of all fish by weight,

or

(b) is two tonnes or more, then

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

3. If, in the course of the directed fishery for Dissostichus eleginoides or Champsocephalus gunnari in FAO statistical divi-
sion 58.5.2, the by-catch in any one haul of Channichthys rhinoceratus, Lepidonotothen squamifrons, Macrourus spp.,
or skates and rays, is two tonnes or more, the fishing vessel shall not fish using that method of fishing at any
point within five nautical miles of the location where the by-catch of the above species exceeded two 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 one tonne or more, the fishing vessel shall not fish using that
method of fishing at any point within five nautical miles of the location where the by-catch of the above species
exceeded one 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 five percent of the total catch of all fish by weight,

or

(b) is two tonnes or more, then

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

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ANNEX VI

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

1. Twelve research hauls shall be carried out in the Shag Rocks/Black Rocks area. These shall 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 shall be conducted on the north-western shelf of South Georgia over water less than
300 m deep, as illustrated in Figure 1.

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

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

hauls.

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

the net must be fished close to the bottom.

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

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.

Figure 1:

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ANNEX VII

FUNCTIONS AND TASKS OF SCIENTIFIC OBSERVERS ON BOARD VESSELS ENGAGED IN SCIENTIFIC
RESEARCH OR HARVESTING OF MARINE LIVING RESOURCES IN THE CONVENTION AREA REFERRED
TO IN ARTICLE 15(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 using the observation formats
approved by the CCAMLR Scientific Committee:

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

hauls);

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

(c) record biological data by species caught;

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

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

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

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

submit them to their respective authorities;

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

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

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

applicable;

(k) collect and report factual data on sightings of fishing vessels in the Convention area, including vessel type identi-

fication, position and activity; and

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