CELEX: 51998PC0346
Language: en
Date: 1998-06-09
Title: Proposal for a Council Regulation (EC) amending Regulation (EC) No 66/98 laying down certain conservation and control measures applicable to fishing activities in the Antarctic

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                                             Brussels, 09.06.1998
                                             COM(1998) 346 final
                                   Proposal for a
                         COUNCIL REGULATION (EC)
      amending Regulation (EC) No 66/98 laying down certain conservation
        and control measures applicable to fishing activities in the Antarctic
                           (presented by the Commission)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
This proposal concerns the international obligations of the European Community with
regard to the conservation of Antarctic marine living resources.
At its annual meeting on 8 November 1997, the Commission for the Conservation of
Antarctic Marine Living Resources (CCAMLR) adopted conservation and management
measures in the CCAMLR convention area for the period from 8 November 1997 to
6 November 1998. The purpose of this proposal is to include these recommendations in
the Community's legislation.
It is proposed to apply all the measures concerning:
       the obligation of the Contracting Parties to issue fishing permits to the vessels they
       authorize to fish in the CCAMLR convention area;
       the catch restrictions applicable to certain species;
       the prohibition on directed fishing of certain species;
       the reduction of incidental mortality of seabirds during longline fisheries.
These conservation measures will become binding from 11 May 1998 unless the
Contracting Parties raise any objections.
The Commission proposes that the Council adopt this Regulation.
 ---pagebreak---                                      Proposal for a
                             COUNCIL REGULATION (EC)
        amending Regulation (EC) No 66/98 laying down certain conservation
         and control measures applicable to fishing activities in the Antarctic
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 66/98 of 18 December 1997 laying down
certain conservation and control measures applicable to fishing activities in the Antarctic
and repealing Regulation (EC) No 2113/961, and in particular Article 21 thereof,
Having regard to the proposal from the Commission2,
Whereas the Convention on the Conservation of Antarctic Marine Living Resources,
hereinafter called "the Convention", was approved by Council Decision 81/691 /EEC3 and
entered into force for the Community on 21 May 1982;
Whereas, at its annual meeting on 8 November 1997, the Commission for the
Conservation of Antarctic Marine Living Resources, hereinafter referred to as the
"CCAMLR", established by the Convention, adopted on the recommendation of its
Scientific Committee certain conservation and management measures in the CCAMLR
convention area for the period from 8 November 1997 to 6 November 1998;
Whereas these conservation measures will become binding as from 11 May 1998;
Whereas provision should be made whereby only those vessels holding a special fishing
permit issued in accordance with Council Regulation (EC) No 1627/944 are to be allowed
to carry out fishing activities;
Whereas the members of CCAMLR have agreed to apply the conservation measures
adopted on 8 November 1997, on a provisional basis, without waiting for them to become
binding, in view of the fact that some of the conservation measures relate to fishing
seasons commencing on or after 8 November 1997;
Whereas the Community, as a Contracting Party to the Convention, is bound to ensure
that the measures adopted by the CCAMLR are applied to fishing vessels flying the flag
of a Member State with effect from the dates fixed;
Whereas Regulation (EC) No 66/98 should therefore be amended accordingly,
1
    OJ L 6, 10.1.1998, p. 1.
2
    OJ
3
    OJL252, 5.9.1981, p. 26.
4
    OJL 171, 6.7.1994, p. 7.
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                          Article 1
Regulation (EC) No 66/98 is amended as follows:
1.   Article 2(1) is replaced by the following:
     "1.   Only those vessels named in the list mentioned in paragraph 2 which have a
           special fishing permit issued in accordance with Article 7 of Regulation (EC)
           No 1627/94 by the Member State whose flag they fly shall have the right to
           carry out fishing activities in the area defined in Article 1.
     OJL 171, 6.7.1994, p. 7."
2.   Article 4 is amended as follows:
     (a)   In paragraph 3, "7 November 1997" is replaced by "6 November 1998".
     (b)   The following paragraphs are added:
           "4.    Directed fishing of Dissostichus spp in FAO Antarctic sub-area 48.5
                  and FAO Antarctic divisions 58.4.1 and 58.4.2 shall be prohibited from
                  8 November 1997 until 6 November 1998.
             5.   Catches of Lepidonotothen squamifrons in FAO Antarctic
                  division 58.4.4 shall be prohibited from 8 November 1997, except for
                  scientific research purposes.
             6.   Directed fishing of Lepidonotothen squamifrons, Notothenia rossii,
                  Chanichthys rhinoceratus or Bathyraja spp in FAO Antarctic
                  division 58.5.2 shall be prohibited from 8 November 1997 until
                  6 November 1998.
             7.   Directed fishing of D. mawsoni in FAO Antarctic sub-area 48.4 shall be
                  prohibited, except for scientific research purposes."
3.   Article 5 is amended as follows:
     (a)   Paragraphs 2 and 3 are replaced by the following:
            "2.   The TAC of Dissostichus eleginoides is fixed at:
                  (a)    3 300 tonnes, in FAO Antarctic sub-area 48.3 from 1 April to
                         31 August 1998;
                  (b)    28 tonnes, in the FAO Antarctic sub-area 48.4 from 1 April to
                         31 August 1998 or until the TAC specified in (a) is reached;
 ---pagebreak---    (c)    3 700 tonnes, in FAO Antarctic division 58.5.2 from
          8 November 1997 to 6 November 1998.
   If in the course of directed fishing for Dissostichus eleginoides, the
   by-catch in any one haul of any of the species Lepidonotothen
   squamifrons, Notothenia rossii, Channichthys rhinoceratus or
   Bathyraja spp.\
   (i)    is greater than 100 kg and exceeds 5% of the total catch by
          weight of all the species offish, or
   (ii)   is two tonnes or greater,
   the fishing vessel shall move to another fishing location not closer than
   five nautical miles away. The fishing vessel shall not return to the
   location in which the by-catch exceeded 5% for a period of at least
   five days.
   The total number and weight of Dissostichus eleginoides including
   those with "jellymeat" condition shall be reported. These fish will count
   towards the TAC.
3. The TAC of Champsocephalus gunnari is fixed at 4 520 tonnes
   in FAO Antarctic sub-area 48.3 from 8 November 1997 to
   31 March 1998.
   Directed fishing for Champsocephalus gunnari in FAO Antarctic
   sub-area 48.3 shall be closed, if the by-catch of any species named in
   paragraph 5(i) below exceeds the fixed limits.
   If, in the course of directed fishing for Champsocephalus gunnari,
   the by-catch in any one haul of any of the species named in
   paragraph 5(i) below:
   (i)    is greater than 100 kg and exceeds 5% of the total catch by
          weight of all the species offish, or
   (ii)   is two tonnes or greater,
   the fishing vessel shall move to another fishing location not closer than
   five nautical miles away. The fishing vessel shall not fish within five
   nautical miles of the location in which the by-catch exceeded 5% for a
   period of at least five days.
   If the by-catch of Champsocephalus gunnari in any one haul is greater
   than 100 kg and more than 10% of the fish are smaller than 24 cm in
   total length, the fishing vessel shall move to another fishing location
   not closer than five nautical miles away. It shall not return to the
   location in which the by-catch of Champsocephalus gunnari being
   smaller than 24 cm in total length exceeded 10% for a period of at least
   five days."
 ---pagebreak--- (b) Paragraph 4 is amended as follows:
    (i)    the words "from 2 November 1996 to 7 November 1997" in the first
           and second subparagraphs are replaced by "from 8 November 1997 to
           6 November 1998".
    (ii)   the fourth subparagraph is replaced by the following:
           "If, in the course of directed fishing for Electrona carlsbergi, the catch
           in any one haul of any species other than the target species named in
           paragraph 5(i):
           (i) is greater than 100 kg and exceeds 5% of the total catch by weight
                 of all the species offish, or
           (ii) is two tonnes or greater,
           the fishing vessel shall move to another fishing location not closer than
           five nautical miles away. It shall not fish within five nautical miles of
           the location in which the by-catch exceeded 5% for a period of at least
           five days."
(c) The following point is added to paragraph 5:
    "(iii) In all directed fishing in FAO Antarctic division 58.5.2 from
           8 November 1997 to 6 November 1998:
                  the by-catch of Lepedonotothen squamifrons may not exceed
                  325 tonnes,
                  the by-catch of Channichthys rhinoceratus may not exceed
                  80 tonnes,
                  the by-catch of Bathyraja spp may not exceed 120 tonnes.
           By-catches of all species of fish not referred to in the previous
           subparagraph and for which no other catch restrictions apply may not
           exceed 50 tonnes in FAO Antarctic division 58.5.2".
(d) Paragraph 6 is replaced by the following:
    "6.     Location in which the by-catch exceeds the rates referred to in this
            Article" means the course followed by the fishing vessel from the point
            where the gear was deployed to the point where it was brought back
            on board."
 ---pagebreak--- 4.  Article 8 is amended as follows:
    (a)   In paragraph l(i), "1 March 1997" is replaced by "1 April 1998" and
          point (iii) is deleted.
    (b)   In paragraph 2(i), all references to 1997 are replaced by references to 1998.
5. In Article 11(1) and (2), all references to 1997 are replaced by references to 1998.
6. Article 12 is amended as follows:
    (a)   Paragraph 1 is amended as follows:
          (i)    in point (a), the words "from 2 November 1996 until 31 August 1997"
                 are replaced by "from 8 November 1997 until 6 November 1998"
                 and the words "commencing on 1 March 1997" are replaced by
                 "from 1 April to 31 August 1998";
          (ii)   in point (b), the words "from 2 November 1996 until 31 March 1997"
                 are replaced by "from 8 November 1997 until 31 March 1998";
          (iii) points (c) and (d) are deleted.
   (b)    Paragraph 5 is deleted.
7.  In Article 16, the following paragraph is added:
   "The exercise of exploratory fishing in the CCAMLR convention area shall be
   prohibited unless it has been authorized in accordance with Annex V."
8. Article 18 is replaced by the following:
                                          "Article 18
   Crab fishery means all commercial harvest activity where the target species is a
   member of the crab group (order Decapoda, suborder Reptantia)."
9. In Article 19:
    (a)   Point (a) is replaced by the following:
          "(a) crab in FAO Antarctic sub-area 48.3 from 8 November 1997 to
                 6 November 1998".
    (b)   In point (b), the words "from 1 March to 31 August 1997" are replaced by
          "from 1 April 1997 to 31 August 1998".
    (c)   Point (c) is replaced by the following:
          "(c) Champsocephalus gunnari in FAO Antarctic sub-area 48.3 from
                 8 November 1997 to 31 March 1998."
 ---pagebreak---        (d)   In point (d), the words "from 2 November 1996 until 31 August 1997" are
             replaced by "from 8 November 1997 until 6 November 1998".
       (e)   Point (e) is deleted.
10.   Annex I is replaced by the text shown in Annex I to this Regulation.
11.   Annex II is deleted.
12.   Annex IV is amended in accordance with the amendments shown in Annex II to
      this Regulation.
                                         Article 2
This Regulation shall enter into force on the seventh day following that of its publication
in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,                                                For the Council
                                                                The President
 ---pagebreak---                                                                                     ANNEX ï
                                          "ANNEX I
     DATA REQUIREMENTS ON THE CRAB FISHERY IN FAO ANTARCTIC
                                      SUB-AREA 48.3
Catch and effort data:
     Description of voyage
            Voyage code, vessel code, permit number, year.
     Pot description
            Diagrams and other information, including pot shape, dimensions, mesh size,
            funnel position, aperture and orientation, number of chambers, presence of an
            escape port.
     Effort description
            Date, time, latitude and longitude of start of the set, compass bearing of the
            set, total number of pots set, spacing of pots on the line, number of pots lost,
            depth, soak time, bait type.
     Catch description
            Retained catch in numbers and weight, by-catch of all species (see Table 1),
            incremental record number for linking with sample information.
            Table 1 :     Information to be declared for by-catch species in the crab fishery
                         in FAO Antarctic sub-area 48.3
                        Species                    Data to be declared
                 Dissostichus eleginoides          Number and total estimated weight.
                 Notothenia rossii                 Number and total estimated weight.
                 Other species                     Total estimated weight.
                                                                            :   : ,
Biological data:
      For these data, crabs are to be sampledfromthe line hauled just prior to noon, by
      collecting the entire contents of a number of pots spaced at intervals along the line
      so that between 35 and 50 specimens are represented in the subsample.
      Description of voyage
             Voyage code, vessel code, permit number.
      Sample description
             Date, position at start of the set, compass bearing of the set, line number.
      Data
             Species, sex, length of at least 35 individuals, presence/absence of
             rhizocephalan parasites, record of the destination of the crab (kept, discarded,
             destroyed), record of the number of the potfromwhich the crab comes."
 ---pagebreak---                                                                           ANNEX II
                       AMENDMENTS TO ANNEX IV
In paragraph 2, the first sentence is replaced by:
"Longlines shall be set at night only (i.e. during the hours of darkness between the
times of nautical twilight; the times of twilight can be found in the tables in the
nautical almanac for all latitudes and local times for all days. All the times
mentioned, whether for the vessel's operations or observers' declarations, must be
given with an indication of the difference to GMT)".
Paragraph 3 is replaced by the following:
"The dumping of offal at sea while longlines are being set shall be prohibited. The
dumping of offal should be avoided while longlines are being hauled. If discharge
of offal during hauling is unavoidable, this discharge shall take place on the
opposite side of the vessel to that where longlines are set or hauled."
Paragraph 8 is deleted.
                                        10
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 346 final
                                             DOCUMENTS
EN                                                            03 06 07 11
                                    Catalogue number : CB-CO-98-357-EN-C
                                                             ISBN 92-78-36883-0
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