CELEX: 51992PC0134
Language: en
Date: 1992-04-06
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) n° 2245/85 laying douwn certain technical measures for the conservation of fish stocks in the Antarctic

pip COMMISSION OF THE EUROPEAN COMMDNITIES
                                                      COM(90) 134 final
                                                      Brussels, 6  ApriI 1990
   Fi-  J-VL-'Ï'
                                          Proposai for a
                                     COUNCIL REGULATION fEECl
                 ™^^t^ (EEC) n.              2245/85 ^      ^ œrtain tecfeni
                  «easures for the conservation of fish stocks in the Antarctic
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                                  (présentée! by the Commission)
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 ---pagebreak---                            EXPLANATORY MEMORANDUM
On 5 November 1991 the Commission for the Conservation of Antarctic
Marine Living Resources     (CCAMLR) notified Contracting Parties of the
conservation measures adopted at the 1991 Annual Meeting held in Hobart
in the period 22 October-2 November 1991.
These conservation measures which are based on the scientific advice
submitted by CCAMLR's Scientific Committee, reflect conservation measures
adopted by CCAMLR in previous years. They involve, notably, the fixing
of TACs for the species Euphausia    superba,    Dissostichus     eleglnoldes   and
electron*  carlsbergi   for the 1991/92 fishing season.           Other measures
relate to mesh sizes, closed seasons, prohibition on directed fisheries
for certain    stocks catch reporting      systems and the introduction of
procedures whereby    Members   notify CCAMLR    when      they  are    considering
initiating   a   new  fishery.     The   measures    concern     essentially    FAO
Antarctic sub-area 48.3 i.e. the waters around South-Georgia, where the
major concentrations of fish stocks occurs.
Pursuant to Article IX(6)(b) of the Convention on the Conservation of
Antarctic Marine Living Resources, these measures will          become binding on
all the Contracting Parties on 5 May 1992, as they were accepted by all
Members of the CCAMLR before 5 February 1992.
In view of the agreement between the members of CCAMLR and the importance
of these conservation measures       for this fish        stocks concerned, the
Community is called upon to apply these measures to Community fishermen
immediately.
The purpose of this Regulation is to implement these recommendations by
                      i
amending the existing Regulation laying down certain technical measures
for the conservation of fish stocks in the Antarctic.
 ---pagebreak---                                       -s-
                               PROPOSAL FOR A
                        COUNCIL REGULATION (EEC)
                                   of
    amending Regulation (EEC) n° 2245/85 laying down certain technical
       measures for the conservation of fish stocks in the Antarctic
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 170/83 of 25 January 1983
establishing a Community system for the conservation and management of
fishery resourcesC 1 ), as amended by the Act of Accession of Spain and
Portugal, and in particular Article 11 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 2 of Regulation (EEC) N° 170/83, the
conservation measures necessary to achieve the aims set out in Article 1
of that Regulation are to be formulated in the light of the available
scientific advice;
Whereas the Convention on the Conservation of Antarctic Marine Living
Resources, hereinafter called "the ConventionM, was approved by Council
Decision 81/691/EEc( 2 ); whereas it entered into force for the C3cmmunity
on 21 May 1982;
Whereas the Commission for the Conservation of Antarctic Marine Living
Resources (CCAMLR), established by the Convention, adopted, on the
recxxnmendation of its Scientific Committee, certain conservation measures
applicable in particular to the fish stocks occuring in the waters off
South Georgia as well as notification procedures to be followed by
members of CCAMLR considering initiating a new fishery;
Whereas these conservation measures were notified to the members of the
CCAMLR on 5 November 1991; whereas, in the absence of objections to the
measures, they become binding on 4 May 1992 under Article IX (6) of the
Convention;
(1)     OJ N° L 24 Of 27.1.1983, p. 1
(2)     OJ N° L 252 of 5.9.1981, p. 26
 ---pagebreak---                                                  -Jl-
Whereas the members of the CCAMLR stated that they intended to apply
these conservation measures on a provisional basis, without waiting
until they became binding, in view of the fact that certain of the
conservation measures related to a fishing season which commenced on 1
July 1991;
Whereas, therefore, the necessary provisions should now be laid down to
ensure that the conservation measures adopted by the CCAMLR are applied
to Community fishermen;
Whereas, pursuant to Article 3 of Regulation (EEC) N° 170/83, it is for
the Council to establish the TAG per stock or group of stocks, the share
available to the Community, and the specific conditions under which
catches have to be taken;
Whereas the fishing activities referred to in this Regulation are
subject to the control measures provided for in Council Regulation (EEC)
N° 2241/87 of 23 July 1987 establishing certain control measures for
fishing activities C 1 ) , as amended by Regulation (EEC) N° 3483/88 ( 2 );
Whereas Regulation (EEC) N° 2245/85 ( 3 ), as last amended by Regulation
(EEC) N° 2810/91 ( 4 ), should be amended accordingly,
HAS ADOPTED THIS REGULATION:
                                             Article 1
Regulation (EEC) N°             2245/85 is hereby ammended as follows :
1. Articles 2, 2a, and 2b shall be replaced by the following :
"Article      2
  Prohibition on fishing (*)
1.         Directed fishing for Champsocephalus gunnari, Patagonotothen
           brevicauda guntheri, Nbtothenia rossii, Notothenia gibberifrons,
           Chaenocephalus          aceratus, Pseudochaenichthys    georgianus and
           Notothenia squamifrons in FAD Antarctic sub-area 48.3 (South
           Georgia) shall be prohibited from 2 November 1991 to 6 November
           1992, except for scientific research purposes.
(1)        OJ   N°   L  207 of 29.7.1987, p. 1
(2)        OJ   N°   L  306 of 11.11.1988, p. 2
(3)        OJ   N°   L  210 Of 7.8.1985, p. 2
 (4)       OJ   N°   L  271, 27.9.1991, p. 1
mtfi/CCAMLR/REGLEM./ccarot r.en
 ---pagebreak--- 2.          Directed fishing for finfish in FAO Antarctic sub-areas 48.1 and
            48.2 shall be prohibited in the 1990/91 season except for
            scientific research purposes.
 3.         Directed fishing for Notothenia squamifrons in FAO statistical
            division 58.4.4 (Ob and Lena Banks) shall be prohibited in the
            period 2 November 1991 to 6 November 1992.
Article      2a
  Catch limitations (*)
     1.     The total catch of Electrona carlsbergi in the period 2 November
            1991 to 6 November 1992 shall be limited to 245 000 tonnes in FAO
           Antarctic subarea 48.3.
            In addition, the total catch of Electrona carlsbergi in the same
            period shall be limited to 53 000 tonnes in the Shag Rocks
            region, defined as the area bounded by 52°30'S, 40°W; 52°30,S,
            44°W; 54°30»S, 40°W and 54°30«S, 44°W.
     2.     In the course of fishing in FAO Antarctic sub-area 48.3, by-
            catches           of Notothenia rossii, Notothenia   squamifrons,
            Chaenocephalus aceratus and Pseudochaenichthys georgianus shall
            be limited to 300 tonnes for each species and by-catches of
           Notothenia gibberifrons shall be limited to 500 tonnes.
     3.     Fishing in FAO Antarctic sub-area 48.3 shall be terminated if by-
            catches of one of the species listed in paragraph 2 reach the by-
            catch limits foreseen or if total catches of Electrona carlsbergi
            reaches 245 000 tonnes, whichever happens first.
     4.    The fishery in the Shag Rocks region shall close if the by-catch
            of any of the species named in paragraph 2 above reaches their
            by-catch limit or if the total catch of Electrona carlsbergi
            reaches 53 000 tonnes, whichever comes first.
     5.     Catches of Dissostichus Eleginoides taken in the FAO Antarctic
            sub-area 48.3 in the period 2 November 1991 to 6 November 1992
            shall be limited to a TAC of 3 500 tonnes.
     6.     Catches of Euphausia superba taken in FAO Antarctic Area 48 shall
           be limited to 1.5 million tonnes in the period 1 July 1991 to
            30 June 1992.
     7.    The date on which the catches taken by QDmmunity vessels or the
            other vessels concerned are deemed to have exhausted the TAC
            specified in paragraphs 1 to 6 shall be fixed by the Commission
           pursuant to Article 11 (3) of Regulation (EEC) N° 2241/87 as
            soon as the required information is received from the OCAMLR.
nrtt/CTAM R/RFft FM. /craml r.en
 ---pagebreak---                                      - / -
   8.   With effect from the date fixed pursuant to paragraph 7, all
        fishing for the species concerned shall be prohibited in FAO
        Antarctic sub-area 48.3 and Community vessels shall cease to
        retain on board, tranship or land any catches of this fish taken
        in that sub-area after that date.
Article  2b
 Catch reports (*)
   1.   Catches of Patagonotothen tarevicauda guntheri, Champsocephalus
        gunnari, Dissosthicus Elegenoides, Notothenia rossii, Notothenia
        gibber ifrons,   Chaenocephalus     aoeratus,  Pseudochaenichthys
        georgianus, Electrona carlsbergi in FAO Antarctic sub-area 48.3
        and Eunhasia superba in FAO Antarctic area 48 shall be the
        subject of reports in accordance with this Article, without
        prejudice to the application of Articles 5 to 9 of Regulation
        (EEC) N° 2241/87.
   2.   Total catches, broken down by vessels, which were made by
        Community vessels in the period between 1 July 1991 and the end
        of the first month following the month in which this Regulation
        enters into force shall, within 10 days of the end of that
        period, be notified to the Commission by the Member States in
        which the vessels concerned are registered or whose flag they
        fly.
   3.   For the purposes of reporting the catches taken after the period
        referred to in paragraph 2, each calendar month shall be divided
        into six reporting periods designated by the letters A, B, C, D,
        E and F and running from day 1 to day 5, day 6 to day 10, day 11
        to day 15, day 16 to day 20, day 21 to day 25 and day 26 to the
        last day of the month, respectively.
        At the latest within three days of each reporting period, each
        Member State shall notify the (Commission of the total catches,
        broken down by vessels, that the vessels flying its flag or
        registered in its territory have made in the preceding reporting
        period, specifying the month and reporting period concerned.
   4.   On the basis of the information received pursuant to paragraphs 2
        and 3, the Commission shall, at the end of each reporting period,
        inform the CCAMLR of the total catches made by the CJommunity
        vessels in the preceding reporting period."
(*)     The FAD zones mentioned in this Regulation are defined in
        Commission cx»rariunication 85/C335/02, (OJ N° C335, 24.12.1985,
        p. 2)
 ---pagebreak---                                                      - 9-
2. The following Article is inserted :
"Article         2c
Notification of New Fisheries                                        ^
    1.        For the purposes of the present Article a new fishery is a
              fishery on a species using a particular fishing method in a
              statistical subarea 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 occured have not been submitted to CCAMLR.
    2.       The exercise of a new fishery in the CCAMLR Convention Area shall
             be prohibited as long as it has not been authorized in accordance
             with paragraph 6.
    3.       Any operator of a fishing 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 or in
             whose territory it is registered of that intention and shall
             submit to those authorities as much of the information defined in
             paragraph 4 as he is able to provide.
    4.       A Member State who has been informed of the intention to develop
             a new fishery in the CCAMLR Convention Area with vessels flying
              its flag or registered in its territory shall notify the
             Commission without delay and not less than six months in advance
             of the next regular 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;
m*\ /PTAMI © /PFCI CM / r r a m l r on
 ---pagebreak---                                                 -p-
            (b)         biological information from comprehensive research/survey
                        cruises, such as distribution, abundance, demographic
                        data and information on stock identity;
            (c)         details of dependent 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.
    6.      As soon as CCAMLR has completed its consideration of the proposed
            new fishery, a decision on the authorization of the new fishery
            shall be taken
            - by the Commission, in case CCAMLR has not adopted any
               conservation measures with regard to the new fishery
            - by the Council, acting by a qualified majority on a proposal
               from the Commission, in all other cases.
                                           Article 2
This Regulation shall enter into force on the third 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.
Done at
                        For the Council
                        The President
n±> /CCAMLR/REGLEM./ccamlr.en
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (92) 134 final
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