CELEX: 51996PC0117
Language: en
Date: 1996-03-28
Title: Amended proposal for a COUNCIL REGULATION (EC) laying down certain conservation and control measures applicable to fishing activities in the Antarctic

Avis juridique important

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51996PC0117

Amended proposal for a COUNCIL REGULATION (EC) laying down certain conservation and control measures applicable to fishing activities in the Antarctic  /* COM/96/0117 FINAL - CNS 95/0252 */  

Official Journal C 156 , 31/05/1996 P. 0010

Amended proposal for a Council  Regulation (EC) laying down certain conservation and control measures applicable to fishing  activities in the Antarctic(96/C  156/06)(Text with EEA relevance)COM(96) 117 final -  95/0252(CNS)(Submitted by the Commission pursuant to Article 189a (2) of the EC Treaty on  28 March 1996)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Whereas pursuant to Article 4 of Council Regulation (EEC) No 3760/92 of 20 December 1992  (1),  establishing a Community system for fisheries and aquaculture, the Council may determine certain  conditions for access by Community fishing vessels to waters and resources; Whereas Council Regulation (EEC) No 2847/93 of 12 October 1993  (2) establishing a control system  applicable to the common fisheries policy, applies to all fishing activities and to all associated  activities carried out within the territory and within the maritime waters subject to sovereignty  or jurisdiction of the Member States, and to all activities of Community fishing vessels which  operate in the waters of non-member countries and on the high seas, without prejudice to the  special provisions contained in fisheries Agreements concluded between the Community and third  countries, or in International Conventions to which the Community is a party; Whereas the Convention on the Conservation of Antarctic Marine Living Resources, hereinafter called  'the Convention`, was approved by Council Decision 81/691/EEC  (3) whereas it entered into force in  the Community on 21 May 1982; Whereas the Commission for the Conservation of Antarctic Marine Living Resources, hereinafter  referred to as 'CCAMLR`, established by the Convention, adopted on the recommendation of its  Scientific Committee, certain conservation measures applicable, in particular, to fish stocks  occurring in the waters off South Georgia; Whereas Council Regulation (EEC) No 2245/85, of 2 August 1985  (4), laying down certain technical  measures for the conservation of fish stocks in the Antarctic has implemented these conservation  measures and has been subject to annual modifications which have affected the clarity of the  legislation; Whereas it is therefore necessary to replace Regulation (EEC) No 2245/85 with a new regulation  reflecting CCAMLR conservation measures currently in force; Whereas the members of CCAMLR stated that they intended to apply the latest conservation measures,  adopted on 4 November 1995, 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 which commenced  on or after 1 July 1995; Whereas the European Community, as a Contracting Party to CCAMLR, is bound to ensure that the  measures adopted by CCAMLR are applied to Community fishermen with effect from relevant dates; Whereas it is necessary to provide for a mechanism allowing the Commission to implement further  conservation measures adopted by CCAMLR according to the procedures of the Standing Committee on  Fisheries and Aquaculture; Recognizing the world importance of the Antarctic as an environmentally sensitive area, largely  untouched by human activity, HAS ADOPTED THIS REGULATION: Article 1 Scope1.  This Regulation applies to Community fishing vessels who  take and retain on board fish from marine living resources of the area south of 60  ° South  latitude and of the area between that latitude and the Antarctic convergence which forms part of  the Antarctic marine ecosystem with the exception of those resources occurring within waters  subject to such coastal State jurisdiction as may exist in accordance with international law. 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. 3.  The Antarctic convergence referred to in paragraph 1 is deemed to be 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  °. Article 2 Right to fish1.  Only those vessels named in the list mentioned in paragraph 2 shall  have the right to carry out fishing or scientific fisheries research activities in the area defined  in Article 1. 2.  Member States shall notify to the Commission the list of all vessels flying their flag and  registered within the Community which wish to carry out fishing or scientific fisheries research  activities in the area defined in Article 1, 20 days after this Regulation has entered into force,  and afterwards at least 30 days in advance of the beginning of these activities. 3.  This list, transmitted to the Commission shall mention, in the case of a vessel carrying out  fishing activities, the internal number fleet register in accordance with the Article 1 of the  Commission Regulation (EC) No 109/94 of 19 January 1994  (1) concerning the fishing vessel register  of the Community. Article 3 A Member State shall notify the Commission, four months in advance, of the intention of  their fishermen to prosecute a crab fishery in FAO Antarctic sub-area 48.3. The Commission will  then issue a special fishing permit to the vessel, in conformity with Article 7 of Council  Regulation (EC) No 1627/94 of 27 June 1994 - laying down general provisions concerning special  fishing permits  (2). Article 4 Prohibition on fishing1.  Directed fishing of Notothenia rossii in FAO Antarctic  sub-area 48.1 in the Peninsula area, in FAO Antarctic sub-area 48.2 around the South Orkneys and in  FAO Antarctic sub-area 48.3 around South Georgia is prohibited. 2.  Directed fishing of finish in FAO Antarctic sub-areas 48.1 and 48.2 except for scientific  research purposes, is prohibited. 3.  Directed fishing of Gobionotothen gibberifrons, Chaenocephalus aceratus, Pseudochaenichthys  georgianus, Lepidonotothen squamifrons and Patagonotothen guntheri, in FAO Antarctic sub-area 48.3  is prohibited until 2 November 1996. Article 5 Catch limitations1.  The total allowable catch (TAC) of Euphausia superba in any  fishing season is fixed at: (a) 1,5 million tonnes in FAO Antarctic area 48, (b) 450  000 tonnes in FAO Antarctic division 58.4.2. A fishing season is defined as beginning on 1 July and finishing on 30 June of the following year. 2.  The total allowable catch (TAC) of Dissostichus eleginoides is fixed at: (a) 4  000 tonnes, in FAO Antarctic sub-area 48.3 from 1 March to 31 August 1996, (b) 28 tonnes in the FAO Antarctic sub-area 48.4 from 1 March to 31 August 1996 or until the TAC  specified in point (a) is reached, (c) 297 tonnes, in FAO Antarctic division 58.5.2 from 4 November 1995 to 30 June 1996. 3.  The total allowable catch (TAC) of Champsocephalus gunnari is fixed at: (a) 311 tonnes in FAO Antarctic division 58.5.2 from 4 November 1995 to 30 June 1996, (b) 1  000 tonnes in FAO Antarctic sub-area 48.3 from 4 November 1995 to 31 March 1996. Directed fishery for Champsocephalus gunnari in FAO Antarctic sub-area 48.3 and in the Shag Rocks  region will be closed, if the by-catch of any species named in paragraph 6 (i) exceeds the fixed  limits. If in the course of the directed fishery for Champsocephalus gunnari, the by-catch of any  one haul of any of the species named in paragraph 6 (i) below exceeds 5  %, the fishing vessel  shall move to another fishing location not closer than five nautical miles distant. The fishing  vessel shall not fish within five nautical miles of the location in which the by-catch exceeded 5   % for a period of five days. 4.  The total allowable catch (TAC) of Crab, paralomis spp. (order Decapoda, suborder Reptantia),  is fixed at: - 1  600 tonnes in FAO Antarctic sub-area 48.3 from 4 November 1995 to 2 November 1996. 5.  The total allowable catch of Electrona carlsbergi is fixed at: - 109  000 tonnes in FAO Antarctic sub-area 48.3 from 4 November 1995 to 2 November 1996, of which  a maximum of 14  500 tonnes in the Shag Rocks region, defined as the area bounded by 52°   30&prime;S, 40°W; 52°  30&prime;S, 44°W, 54°  30&prime;S, 40°W and 54°  30&prime;S, 44°W. Directed fishery for Electrona carlsbergi in FAO Antarctic sub-area 48.3 and in the Shag Rocks  region will be closed, if the by-catch of any species named in paragraph 6 (i) exceeds the fixed  limits. If in the course of the directed fishery for Electrona carlsbergi, the by-catch of any one haul of  any of the species named in paragraph 6 exceeds 5  %, the fishing vessels shall move to another  fishing location not closer than five nautical miles distant. 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. 6.  (i) In the course of fishing in FAO Antarctic sub-area 48.3, by-catches of Gobionotothen  gibberrifrons shall be limited to 1  470 tonnes; by-catches of Chaenocephalus aceratus shall be  limited to 2  200 tonnes; and the by-catch of Pseudochaenichthys georgianus, Notothenia rossii and  Lepidonotothen squamifrons shall be limited to 300 tonnes each species. (ii) If in the course of directed fishing for Dissostichus eleginoides or Champsocephalus gunnari  in FAO Antarctic division 58.5.2, the by-catch in any haul of any of the species Lepidonotothen  squamifrons, Notothenia rossii, Channichthys rhinoceratus or Bathyrajja spp. exceeds 5  %, the  fishing vessels shall move to another fishing location not closer than five nautical miles distant.  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. 7.  The total allowable catch (TAC) of Lepidonotothen squamifrons in the two-year period from 5  November 1994 to 2 November 1996 in FAO Antarctic division 58.4.4 (Ob and Lena Banks) is fixed at: - 715 tonnes on Lena Bank and 435 tonnes on Ob Bank. 8.  Catches of any of the above species taken by a Community vessel for scientific fisheries  research purposes will be considered as part of the catch limitations in force for each species  taken, as described in the above paragraphs. Article 6 Gear1.  The fishery of Dissostichus eleginoides in FAO Antarctic division 58.5.2 is  prohibited except if undertaken by trawling. 2.  For crab fishing as defined in Article 5 (4), only crab pots (traps) are authorized. This  fishery shall be limited to sexually mature male crabs; all female and undersized male crabs shall  be released. In the case of Paralomis spinosissima and P. formosa, males with a minimum carapace  width of 102 mm and 90 mm respectively, may be retained on board. Crab processed at sea shall be  frozen as crab sections (minimum size of crabs can be determined using crab sections). 3.  The fishery of Dissostichus eleginoides in FAO Antarctic sub-areas 48.3 and 48.4 is prohibited  except if undertaken by longlines. 4.  The fishery of Chamsocephalus gunnari in FAO Antarctic sub-area 48.3 is prohibited if  undertaken by bottom trawls. Article 7 Control measuresCommunity vessels shall be subject to three different catch and effort  reporting systems. 1. For the purposes of the monthly catch and effort reporting system, the reporting period is  defined as a calendar month. 2. For the purposes of the 10-day catch and effort reporting system, the calendar month is divided  into three reporting periods, designated by the letters A, B, C and running from day 1 to day 10,  day 11 to day 20, day 21 to the last day of the month respectively. 3. For the purposes of reporting the catches under the five-day catch and effort reporting system,  each calendar month is divided into six reporting periods, designated by the letters A, B, C, D 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 respective month. Article 8 1.  The five-day catch and effort reporting system applies to: - the fisheries of Dissostichus eleginoides in FAO Antarctic sub-area 48.3 and 48.4 beginning in 1  March 1996; - the fishery of Chamsocephalus gunnari in FAO Antarctic sub-area 48.3, - the fishery of Lepidonotothen squamifrons in FAO Antarctic division 58.4.4. 2.  The 10-day catch and effort reporting system applies to: - the fishery of crab, paralomis spp. (order Decapoda, suborder reptania) in FAO Antarctic sub-area  48.3. Data on catches taken between 31 July and 25 August 1996 shall be reported to the Commission  by 25 September 1996, - the fisheries of Champsocephalus gunnari and Dissostichus eleginoides and other deepwater species  in FAO Antarctic division 58.5.2. 3.  The monthly catch reporting system applies to: - the fishery for Electrona Carlsbergi in FAO Antarctic sub-area 48.3, - the fishery of Euphausia superba in FAO Antarctic area 48 and FAO Antarctic division 58.4.2. 4.  The catch and effort reporting systems shall apply to all species fished for scientific  research purposes, whenever the catch within a specific period exceeds 5 tonnes. Article 9 1.  Masters of Community fishing vessels shall submit a catch and effort report to the  competent authorities of the flag Member State, at the latest one day after the end of the relevant  reporting period. 2.  Member States shall notify the Commission at the latest within three days 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  concerned. 3.  The Commission shall notify to CCAMLR, at the latest within five days after the end of each  reporting period of the catch and effort reports received in accordance with the paragraph 2. Article 10 The catch and effort reporting system shall contain the following information,  pertaining to the preceding period: - the name, - the external identification mark of the vessel in question, - the total catches of the species concerned, - the total days and hours fished, - the retained catch of all species and by-catch species during that reporting period, - in the case of longline fisheries, the number of hooks. Article 11 1.  Member States shall notify to the Commission the total catches, broken down by  vessels, which were made by fishing vessels flying its flag and registered in the Community, in the  period between 1 July 1996 and the end of the first month following the month in which the  Regulation enters into force. This notification shall be made within 10 days of the end of this  period. 2.  All vessels fishing for crab (paralomis spp. in FAO Antarctic sub-area 48.3 and FAO Antarctic  Division 58.4.2 shall report the following data to the Commission by 25 August 1996 for crabs  caught prior to 31 July 1996. - the location, date, depth, the number and spacing of pots and soak time, and catch (number and  weight) of commercially sized crabs (reported on as fine a scale as possible, but no longer than  0,5° latitude and 1° longitude) for each 10-day period; - the species, size and sex of a representative sample of crab sampled according to the procedure  set out in Annex I (between 35 and 50 crabs shall be sampled every day from the line hauled just  prior to noon) and by-catch cuaght in traps; and- other relevant data, as possible, according to  the requirements set out in Annex I. Article 12 Biological data reporting system1.  Community vessels fishing Dissostichus  eleginoides and Electrona carlsbergi operating in FAO Antarctic sub-area 48.3 and 48.4 and vessels  fishing in sub-area 48.3 in the 1995/96 fishing season shall notify to the competent authority of  the Member State whose flag they fly not later than the 15th of each month, following the month of  fishing an effort and biological data reporting system report. 2.  Pursuant to this notification, Member States shall transmit this information to the Commission  at the end of each month. The Commission shall immediately transmit these data to CCAMLR. 3.  The information contained in the effort and biological data reporting system report shall  include the following: - the haul-by-haul data required to complete the CCAMLR fine-scale catch and effort data form for  longline fisheries (form 'C2` latest version for Dissostichus eleginoides and Electrona carlsbergi  and form 'C1` for Chamsocephalus gunnari). These data shall include the numbers of seabirds or  marine mammals of each species caught and killed; - a representative sample on length composition measurements from the fishery (form 'B2`, latest  version). Length measurements of fish should be of total length to the nearest centimetre below  and, representative samples of the length composition should be taken from a single fishing ground.  In the event that a vessel moves from one fishing ground to another during the course of a month,  then separate length compositions must be submitted for each fishing ground. Article 13 Suspension of fishing activitiesFollowing notification from CCAMLR to the Commission  concerning the exhaustion of the TAC of a stock or a group of stocks fixed in Article 5, or after  the expiration of the fishing season set out in Article 5, it shall be prohibited for any Community  fishing vessel to fish for that stock or group of stocks, to retain on board, to tranship or to  land fish taken after that date. Article 14 Mesh sizes1.  No trawl, Danish seine or similar net any part of which is composed of  meshes of a size smaller 'than those laid down in Annex III, shall be used when engaging in  directed fishery for the species or groups of species Notothenia rossii, Dissostichus eleginoides,  Gobionotothen gibberifrons, Notothenia kempi, Lepidonotothen squamifrons and Champsocephalus  gunnari. It is prohibited to use any means or device which would obstruct or diminish the size of  the meshes. 2.  For the nets referred to in the above paragraph, the minimum mesh size provided for in Annex  III shall be determined in accordance with the following rules: A. Description of gauges(a) 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. (b) Each gauge shall be inscribed on its face with the width in millimetres both of the  parallel-sided section, if any, and of the tapering section. In the case of the latter, the width  shall be inscribed at intervals of 1 mm and shall be indicated at regular intervals. B. Use of the gauge(a) The net shall be stretched in the direction of the long diagonal of the  meshes. (b) 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. (c) 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(a) Meshes to be measured shall form a series of 20  consecutive meshes running in the direction of the long axis of the net. (b) Meshes 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. (c) By way of derogation from (a), the meshes to be measured need not be consecutive if the  conditions set out in (b) apply. (d) Nets shall be measured only when wet and unfrozen. D. Measurements of each meshThe 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. E. Determination of the mesh size of the netThe 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 below. F. Sequence of inspection procedure(a) 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 in accordance with point E, taking into account the 69  meshes already measured. Without prejudice to (b) below, this shall be the mesh size of the net. b) If the master of the vessel contests the mesh size determined in accordance with (a), such  measurement shall not be considered for the determination of the mesh size and the net shall be  remeasured. A weight or dynamometer attached to the gauge shall be used for the purposes of  re-measurement. 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 (a) above, a force of  19,61 newton (equivalent to a mass of 2 kg) shall be applied and a force of 49,03 newton  (equivalent to a mass of 5 kg), shall be applied for other nets. For the purposes of determining the mesh size in accordance with point E (when a weight or  dynamometer is used), only one series of 20 meshes shall be measured, wherever a weight of  dynamometer is used. 3.  The measures applicable to reduce the incidental mortality of seabirds during longline  fisheries are set out in Annex IV. Article 15 Notification of a new fishery1.  For the purposes of this Article a new fishery is a  fishery on a species using a particular fishing method in a FAO Antarctic sub-area, except for FAO  Antarctic sub-areas 58.6, 58.7 and FAO Antarctic division 58.5.1, for which: (a) information on distribution abundance, demography, potential yield and stock identity from  comprehensive research/surveys or exploratory fishing have not been submitted to CCAMLR; or(b)  catch and effort data have never been submitted to CCAMLR; or(c) catch and effort data from the  two most recent seasons in which fishing occurred have not been submitted to CCAMLR. 2.  The exercise of a new fishery in the CCAMLR convention area shall be prohibited unless  authorized in accordance with paragraph 6. 3.  Any operator of a community vessel who intends to develop a new fishery in the CCAMLR  convention area shall inform the competent authorities of the Member State whose flag the vessel  flies of that intention and shall submit to those authorities the information defined in paragraph  4 to the best of his ability. 4.  A Member State who has been informed of the intention to develop a new fishery in CCAMLR  convention area shall notify the Commission without delay and not later than four months in advance  of the annual meeting of CCAMLR. The notification shall be accompanied by as much of the following information as the Member State  is able to provide: (a) the nature of the proposed fishery including target species, methods of fishing, proposed  region and any minimum level of catches that would be required to develop a viable fishery; (b) biological information from comprehensive research/survey cruises, such as distribution,  abundance, demographic data and information on stock identity; (c) details of dependend and associated species and the likelihood of them being affected by the  proposed fishery; (d) information from other fisheries in the region or similar fisheries elsewhere that may assist  in the valuation of potential yield. 5.  The Commission shall forward to CCAMLR for consideration the information provided in accordance  with paragraph 4, together with any other relevant information it has at its disposal. 6.  As soon as CCAMLR has taken a decision, the new fishery shall be authorized by the Commission. Article 16 Exploratory fisheriesAn exploratory fishery is defined as a fishery that was  previously classified as a new fishery, as defined in Article 15. An exploratory fishery shall  continue to be classified as such until sufficient information is available: (a) to evaluate the distribution, abundance and demography of the targeted species, leading to an  estimate of the fishery's potential yield, (b) to review the fishery's potential impacts on dependent and related species, and(c) to allow  CCAMLR's Scientific Committee to formulate and provide advice on appropriate harvest catch levels,  as well as effort levels and fishing gear where appropriate. The information to be submitted for an exploratory fishery is set out in Annex V. Article 17 Application of conservation measures to scientific fisheries research activities1.   Member States whose vessels intend to conduct scientific fisheries research when the estimated  catch is expected to be less than 50 tonnes, shall submit directly to CCAMLR, with a copy to the  Commission, the following data: - name and external identification mark of vessel, - division and sub-area in which research is to be carried out, - estimated dates of entering and leaving CCAMLR convention area, - purpose of research, - fishing equipment likely to be used. 2.  Community vessels referred to in paragraph 1 shall be exempted 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 specified in Article 5 (8) and  Article 8 (4). 3.  Member States whose vessels intend to conduct scientific fisheries research where the estimated  total catch is expected to be more than 50 tonnes, shall submit to CCAMLR for review, with a copy  to the Commission, and at least six months in advance of the planned starting date for research,  the research plans using the form provided by CCAMLR. Until the review process is completed by  CCAMLR and its decision notified, the planned fishing for research purposes shall not proceed. 4.  Member States should report catch and effort data resulting from any scientific fisheries  research subject to these provisions to CCAMLR, with a copy to the Commission, according to the  haul-by-haul reporting format for research vessels (form C4). A summary of the results shall be  provided by the Member State to CCAMLR, with a copy to the Commission, within 180 days of the  completion of the research. A full report of the results of the research shall be provided to  CCAMLR, with a copy to the Commission within 12 months. Article 18 Annex II fixes the rules for the experimental harvest regime for the crab fishery in  FAO Antarctic sub-area 48.3 for the seasons 1995-96 to 1997-98, and the authorized fishing areas. Article 19 Community fishing vessels shall have at least one CCAMLR designated scientific  observer on board when the said vessels are engaged in a fishery for: - Lepidonotothen squamifrons, in FAO Antarctic sub-area 58.4.4 from 5 November 1996 to 2 November  1996; - Dissostichus eleginoides in FAO sub-area 48.3 and 48.4 from 1 March to 31 August 1996; - Champsocephalus gunnari in FAO sub-area 48.3 from 4 November 1995 to 31 March 1996. Any vessel  intending to participate in the fishery is required to undertake a scientific survey carried out in  accordance with the survey design. The Member State concerned shall transmit a list of proposed  trawl survey stations to CCAMLR with a copy to the Commission at least one month before the start  of the survey. Article 20 Provisions relating to the reduction in use of plastic packaging bandsThe use by  fishing vessels of plastic packaging bands to secure bait boxes shall be prohibited in the  1996/1997 season. The use of packaging bands for other purposes on fishing vessels which do not use  onboard incinerators shall be prohibited in the 1996/1997 season. Article 21 The changes of this Regulation necessary to implement the recommendations adopted by  CCAMLR shall be made by the Commission according to the procedure laid down in Article 18 of  Regulation (EEC) No 3760/92. Article 22 Regulation (EEC) No 2245/85 is formally repealed. Article 23 This Regulation shall enter into force on the seventh day following 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.(1) OJ No L 389, 31. 12. 1992, p. 1.  (2) OJ No L 261, 20. 10. 1993, p. 1.  (3) OJ No L 252, 5. 9. 1981, p. 26.  (4) OJ No L 210, 7. 8. 1985, p. 2.  (1) OJ No L 19, 22. 1. 1994, p. 5.  (2) OJ No L 171, 6. 7. 1994, p. 7.   ANNEX I Data requirements on the exploratory crab fishery in FAO Antarctic sub-area 48.3  Catch and effort data- Cruise descriptions- cruise code, vessel code, permit number, year; - Pot descriptions- diagrams and other information, including pot shape, dimensions, mesh size,  funnel position, aperture and orientation, number of chambers, presence of an escape port; - Effort descriptions- 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 descriptions- retained catch in numbers and weight, by catch of all species (see Table 1),  incremental record number for linking with sample information. >TABLE>Biological dataFor these data, crabs are to be sampled from the line hauled just  prior to noon, by collecting the entire contents of a number of pots spaced at intervals along the  line so that between 35 and 50 specimens are represented in the sub-sample. - Cruise descriptions- cruise code, vessel code, permit number; - Sample description- date, position at start of the set, compass 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 pot  number from which the crab comes. ANNEX II Experimental harvest regime for the crab fishery in FAO Antarctic sub-area 48.3  for the 1995/96 season The following measures apply to all crab fishing within statistical  sub-area 48.3 for the 1995/96 fishing season. Every vessel participating in the crab fishery in  sub-area 48.3 shall conduct fishing operations in accordance with an experimental fishing regime as  outlined below: 1. The experimental regime shall consist of three phases. Each vessel participating in the fishery  shall complete all three phases. Phase 1 shall be conducted during the first season that a vessel  participates in the experimental regime. Phases 2 and 3 shall be completed in the next season of  fishing. 2. Vessels shall conduct Phase 1 of the experimental regime at the start of their first season of  participation in the experimental regime. For the purposes of Phase 1, the following conditions  shall apply: (i) Phase 1 shall be defined as a vessel's first 200  000 pot hours of effort at the start of its  first fishing season. (ii) Every vessel conducting Phase 1 shall expend its first 200  000 pot hours of effort within a  total area delineated by 12 0,5  ° latitude by 1  ° longitude blocks. For each string, pot hours  shall be calculated by taking the total number of pots on the string and multiplying by the soak  time (in hours) for that string. Soak time shall be defined for each string as the time between  start of setting and start of hauling. (iii) Vessels shall not fish outside the area delineated by the 12 0,5  ° latitude by 1  °  longitude blocks prior to completing Phase 1. (iv) During Phase 1, vessels shall not expend more than 30  000 pot hours in any single 0,5  °  latitude by 1  ° longitude block. (v) If a vessel returns to port before it has expended 200  000 pot hours in Phase 1, the balance  of remaining pot hours shall be expended before the vessel can consider Phase 1 to be completed. (vi) After completing 200  000 pot hours of experimental fishing, vessels shall consider Phase 1 to  be completed and commence fishing in a normal fashion. 3. Normal fishing operations shall be conducted in accordance with the Regulations set out in  Articles 3 and 5 (4), 6 (2) and 8 (2). 4. For the purposes of implementing normal fishing operations after Phase 1 of the experimental  regimen, the 10 day catch and effort reporting system set out in 7 (2) shall apply. 5. Vessels shall conduct Phase 2 of the experimental regime at the start of their second season of  participation in the experimental regime. For the purposes of Phase 2, the following conditions  shall apply: (i) Every vessel conducting Phase 2 shall fish in three small squares measuring approximately 26  square nautical miles in area (the dimensions of these squares shall be 6&prime; latitude by  7,5&prime; longitude). These squares shall be subdivisions of the blocks delineated in Phase 1 of  the experimental regime. (ii) The captains of vessels shall determine the location of the three squares that will be fished,  but selected squares may not be contiguous and the distance between the boundaries of any two  squares must be at least four nautical miles. (iii) Vessels shall fish continuously (except in emergencies or foul weather conditions) within a  single square until the average catch per pot has been reduced to 25  % or less of its initial  value and then continue fishing for an additional 7  500 pot hours. No more than 50  000 total pot  hours shall be expended each square. For the purposes of Phase 2, the initial catch rate for a  particular square shall be defined as the average catch per pot calculated from the first five sets  made in that sqaure. Soak times for these initial sets shall be at least 24 hours. (iv) Vessels shall finish fishing in one square before starting operations in another square. (v) Vessels shall attempt to distribute effort throughout the entire square and not fish the gear  in the same location on every set, the distance between the boundaries of any two squares being at  least four nautical miles. (vi) After completing fishing operations in the third square, fishing vessels shall consider Phase  2 to be completed and commence fishing in a normal fashion. 6. For the purposes of implementing normal fishing operations after Phase 2 of the experimental  regime, the 10-day catch and effort reporting system shall apply. 7. Vessels shall conduct Phase 3 of the experimental regime at the end of their second season of  participation in the experimental regime. For the purposes of Phase 3, the following conditions  shall apply: (i) A vessel shall begin conducting Phase 3 of the experimental regime approximately one week prior  to the conclusion of its second fishing season. A vessel's fishing season shall be concluded if the  vessel leaves the fishery voluntarily or if the fishery is closed because the TAC has been  attained. (ii) If a master of Community vessel voluntarily concludes fishing operations, the vessel shall  begin implementing Phase 3 approximately one week prior to the conclusion of its fishing  operations. (iii) CCAMLR will notify (according to the guidelines set out in 10-day catch and effort reporting  system) all Contracting Parties that are conducting operations in their second experimental fishing  season to begin Phase 3 when approximately one week remains before the TAC is attained and the  fishery is closed. (iv) To conduct Phase 3, every vessel shall return to the three squares it depleted during Phase 2  of the experimental regime and expend between 10  000 and 15  000 pot hours of effort in each  square. 8. To facilitate analysis of data collected during Phases 2 and 3, vessels shall report the  coordinates defining the boundaries of the square where fishing occured, date, number and spacing  of pots and soak time, and catch (numbers and weight) for each haul. 9. Data collected during the experimental harvest regime up to the 30 June in any split year shall  be submitted to CCAMLR by 31 August of the following split-year, a split year being defined as the  period from 1 July to 30 June of the following year. 10. Vessels that complete all three phases of the experimental regime shall not be required to  conduct experimental fishing in future seasons. However, these vessels shall abide by the  guidelines set forth in Articles 3, 5 (4), 6 (2) and 8 (2). 11. Fishing vessels shall participate in the experiment independently (e.g. vessels may not  cooperate to complete phases of the experiment). 12. Crabs captured during the experimental regime shall be considered part of the prevailing TAC  for the current fishing season (e.g. for 1995/96, experimental catches shall be considered part of  the 1  600 tonnes TAC outlined in Article 5 (4). 13. The experimental regime shall be instituted for a period of three split-years (1995/96 to  1997/98), and the details of the regime may be revised by the Commission during this period of  time. Fishing vessels that begin experimental fishing in the 1996/97 split-year must complete the  regime during 1998/1999 split-year, a split year being defined as the period from 1 July to 30 June  of the following year. ANNEX III Minimum mesh size provided for in Article 14 >TABLE> ANNEX IV Measures to reduce the incidental mortality of seabirds during longline fishing  in the CCAMLR convention area, except for FAO Antarctic sub-areas 58.6, 58.7 and FAO Antarctic  division 58.5.1 (a) 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. Only thawed bait shall be used. (b) Longlines shall be set at night only (between the times of nautical twilight). During longline  fishing at night, only the minimum ship's lights necessary for safety shall be used. (c) The dumping of offal should be avoided while longlines are being set or hauled; if discharge of  offal is unavoidable, this discharge shall take place as far as possible and/or on the opposite  side of the vessel from the area of the vessel where longlines are set or hauled. (d) Every effort should be made to ensure that birds captured alive during longlining are released  alive and that wherever possible hooks are removed without jeopardizing the life of the bird  concerned. (e) A streamer line designed to discourage birds from settling on baits during deployment of  longlines shall be towed. Specification of the streamer line and its method of deployment is given  in the Appendix to this measure. Details of the construction relating to the member and placement  of swivels may be varied so long as the effective sea surface covered by the streamer is no less  than that covered by the currently specified design. Details of the device dragged in the water in  order to create tension in the line may also be varied. (f) The use of net monitor cables on harvesting vessels in the CCAMLR convention area is prohibited  from the 1994/1995 fishing season. (g) Data on the numbers of seabirds of each species killed ot injured in incidents involving the  net monitor cable in the directed fishery of Lepidonotothen squamifrons in FAO Antarctic sub-area  58.4.4 for the 1995/96 season shall also be reported. (h) Other variation in the design of streamer lines may be tested on vessels carrying two obervers  at least one appointed in accordance with the CCAMLR scheme of international scientific  observation. Apendix to Annex IV 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 ship even  in cross winds. 3. At 5 m intervals commencing from the point of attachment to the ship, five branch streamers each  comprising two strands of approximately 3 mm diameter cord should be attached. The length of the  streamer should range betweeen approximately 3,5 m nearest the ship 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 as the ship 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. >REFERENCE TO A GRAPHIC> ANNEX V Information to be submitted for an exploratory fishery 1. To ensure that  adequate information is made available to CCAMLR's Scientific Committee for evaluation, during the  period when a fishery is classified as exploratory: (i) the Scientific Committee will develop and (update annually as appropriate) a data collection  plan, which will identify the data needed and describe the actions necessary to obtain the relevant  data from the exploratory fishery; (ii) each Member State active in the fishery shall annually by the (specified date) submit to  CCAMLR the data specified by the data collection plan developed by the Scientific Committee; (iii) each Member State active in the fishery or intending to authorize a vessel to enter the  fishery shall annually prepare and submit to CCAMLR by a specified date a research and fishery  operations plan for review by the Scientific Committee and the Commission; (iv) prior to any Member State authorizing its vessels to enter an exploratory fishery that is  already in progress, that Member State shall notify the Commission not less than three months in  advance of the next regular meeting of the Commission and the Member State shall not enter the  exploratory fishery until the conclusion of that meeting; (v) if the data specified in the data collection plan have not been submitted to CCAMLR for the  most recent season in which fishing occurred, continued exploratory fishing by the Member State  which failed to report its data shall be prohibited until the relevant data have been submitted to  CCAMLR and the Scientific Committee has been allowed an opportunity to review the data; (vi) fishing capacity and effort shall be limited by a precautionary catch limit at a level not  substantially above the necessary to obtain the information specified in the data collection plan  and required to make the evaluations outlined in Article 16; (vii) the name, type, size, registration number and radio call sign of each vessel participating in  the exploratory fishery shall be registrered with the CCAMLR Secretariat at least three months in  advance of starting each fishing season; and(viii) each vessel participating in the exploratory  fishery shall carry a scientific observer to ensure that the data is collected in accordance with  the agreed data collection plan and to assist in collecting biological and other relevant data. 2. The data collection plan to be formulated and updated by the Scientific Committee shall include,  where appropriate: (i) a description of the catch effort and related biological, ecological and environmental data  required; (ii) a plan for directing fishing effort during the exploratory phase to permit the acquisition of  relevant data to evaluate the fishery potential and the ecological relationships among harvested,  dependent, and related populations and the likelihood of adverse impacts; and(iii) an evaluation  of the timescales involved in determining the responses of harvested, dependend and related  populations to fishing activities. 3. The research and fisheries operations plan to be prepared by Member States' participating or  intending to participate in the exploratory fishery shall include as much of the following  information as the Member State is able to provide: (i) a description of how the Member States' activities will comply with the data collection plan  developed by the Scientific Committee; (ii) the nature of the exploratory fishery, including target species, methods of fishing, proposed  region and maximum catch levels proposed for the forthcoming season; (iii) biological information from comprehensive research/survey cruises, such as distribution,  abundance, demographic data, and information on stock identity; (iv) details of dependent and related species and the likelihood of them being affected by the  proposed fishery; and(v) information from other fisheries in the region or similar fisheries  elsewhere that may assist in the evaluation of potential yield.