CELEX: 51995PC0475
Language: en
Date: 1995-10-17
Title: 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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51995PC0475

Proposal for a COUNCIL REGULATION (EC) laying down certain conservation and control measures applicable to fishing activities in the Antarctic  /* COM/95/475 FINAL - CNS 95/0252 */  

Official Journal C 008 , 13/01/1996 P. 0005

Proposal for a Council Regulation laying down certain conservation and  control measures applicable to fishing activities in the Antarctic(96/C  8/06)COM(95) 475 final -  95/0252(CNS)(Presented by the Commission on 18 October 1995)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  for the Community on 21 May 1982; Whereas the Commission on 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 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 8 November 1994, 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 1994; 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 Council to implement further  conservation measures adopted by CCAMLR on a proposal from the Commission with a simplified  procedure, HAS ADOPTED THIS REGULATION: Article 1 Scope1.  This Regulation applies to Community fishermen 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, O-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 fishing vessels named in the list mentioned in paragraph 2  shall have the right to carry out fishing or scientific research activities in the area defined in  Article 1. 2.  Member States shall notify to the Commission the list of all fishing vessels flying their flag  and registered in their territory which wish to carry out fishing or scientific 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 the internal number fleet register in  accordance with Article 1 of Commission Regulation (EC) No 109/94 of 19 January 1994  (1)  concerning the fishing vessel register of the Community. Article 3 1.  Only one Community fishing vessel subject to a special fishing permit issued in  accordance with the provisions defined in Article 7 of Council Regulation (EC) No 1627/94 of 27  June 1994  (2), laying down general provisions concerning special fishing permits, can participate  in crab fishery in FAO Antarctic subarea 48.3. 2.  Member States shall notify the Commission, six months in advance, of the intention of their  fishermen to prosecute such a fishery. Article 4 Prohibition on fishing1.  Directed fishing of Notothenia rossii in FAO Antarctic  subarea 48.1 in the Peninsula area, in FAO Antarctic subarea 48.2 around the South Orkneys and in  FAO Antarctic subarea 48.3 around South Georgia is prohibited. 2.  Directed fishing of finfish in FAO Antarctic subareas 48.1 and 48.2 except for scientific  research purposes, is prohibited. 3.  Directed fishing of Notothenia gibberifrons, Chaenocephalus aceratus, Pseudochaenichthys  georgianus, Notothenia squamifrons and Patagonotothen guntheri, in FAO Antarctic subarea 48.3 is  prohibited until 1 November 1996. 4.  Directed fishing of Champsochephalus gunnari in FAO Antarctic subarea 48.3 is prohibited until  3 November 1995. 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 statistical area 48(b) 390  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) 2  800 tonnes, in FAO Antarctic subarea 48.3 for the period 1 March to 31 August 1995(b) 28  tonnes in the FAO Antarctic subarea 48.4 in the period 15 December 1994 to 3 November 1995(c) 297  tonnes, in FAO Antarctic division 58.5.2 in any fishing season. The fishing season is defined from 5 November 1994 until 30 June 1995. 3.  The total allowable catch (TAC) of Champsocephalus gunnari is fixed in any fishing season at  311 tonnes in FAO Antarctic division 58.5.2. The fishing season is defined from 5 November 1994 until 30 June 1995. 4.  The total allowable catch (TAC) of Crab (Decapoda, suborder Reptantia), is fixed at 1  600  tonnes in FAO Antarctic subarea 48.3 during the 1994/95 fishing season. 5.  The total allowable catch of Electrona carlsbergi is fixed at: (a) 200  000 tonnes in FAO Antarctic subarea 48.3 from 5 November 1994 to 3 November 1995(b) 43   000 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, for the 1994/95  season. Directed fishery for Electrona carlsbergi in FAO Antarctic subarea 48.3 and in the Shag Rocks  region will be closed, if the by-catch of any species named in paragraph 6 below exceeds the fixed  limits. If in the course of the directed fishery of Electrona carlsbergi, the by-catch of any one haul of  any of the species named in paragraph 6 below exceeds 5  %, the fishing vessel shall move to  another fishing ground within the subarea. 6.  In the course of fishing in FAO Antarctic subarea 48.3, by-catches of Notothenia 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 Notothenia  squamifrons shall be limited to 300 tonnes each. 7.  The total allowable catch (TAC) of Notothenia squamifrons in the two-year period from 5  November 1994 to 1 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 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 1.  The fishing 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. 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`, '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 respective month. Article 8 1.  The five-day catch and effort reporting system applies to: (i) the fishery of Dissostichus eleginoides in FAO Antarctic subarea 48.3 and 48.4; (ii) the fisheries of Champsocephalus gunnari and Dissostichus eleginoides in FAO Antarctic  division 58.5.2; 2.  The 10-day catch and effort reporting system applies to the fishery crab (Decapoda, suborder  reptania) in FAO Antarctic subarea 48.3. Data on catches taken between 31 July and 31 August shall  be reported to the Commission by 15 September of each year. 3.  The monthly catch reporting system, applies to the fishery for Electrona Carlsbergi in FAO  Antarctic subarea 48.3 and in the Shag Rocks Region. 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  respective reporting period. 2.  Member States shall notify the Commission at the latest within three days of each reporting  period, the catch and effort report transmitted by each fishing vessel flying their flag and  registered in their territory. 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, the catch and effort reports received in accordance with paragraph 2. Article 10 The catch and effort reporting system shall contain the following information: - the name, - the external identification mark of the vessel in question, - the total catches of the species concerned, - the total days and hours fished, during the preceding reporting period. Article 11 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 its territory, in the  period between 1 July 1994 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. Article 12 Biological data reporting system1.  Community vessels fishing Dissostichus  eleginoides and Electrona carlsbergi shall notify to the competent authority of the Member State  whose flag they fly, and registered in its territory, not later than the 15th of each month, an  effort and biological data reporting system. 2.  Pursuant to this notification, Member States shall transmit this information to the Commission  at the end of each month. The Commission shall transmit these data to CCAMLR not later than the end  of the following month. 3.  The information contained in the effort and biological data reporting system shall include the  following: - the haul-by-haul data required to complete the CCAMLR fine-scale catch and effort data form for  longline fisheries. These data shall include the numbers of seabirds or marine mammals of each  species caught and released or killed, - a representative sample on length composition measurements from the fishery. 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 II, shall be used or hauled when engaging in  direct fishing for the species or groups of species Notothenia rossii, Dissostichus eleginoides,  Notothenia gibberifrons, Notothenia kempi, Notothenia squamifrons and Champsochephalus gunnari. 2.  For the nets referred to in the above paragraph, the minimum mesh size provided for in Annex 2  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 diagonal of the meshes. (b) A gauge as described in point 1 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 60 meshes already measured. Without prejudice to (b), this shall be the mesh size of  the net. (b) If the skipper 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 remeasurement. The choice of weight or dynamometer shall be left to the discretion of the inspector. The weight shall be fixed (using a hook) to the hole in the narrowest extremity of the gauge. The  dynamometer may either be fixed to the hole in the narrowest extremity of the gauge or be applied  at the widest extremity of the gauge. The accuracy of the weight or dynamometer shall be cetified by the appropriate national authority. For nets of a mesh size of 35 mm or less as determined in accordance with (a), a force of 19,61  newton (equivalent to a mass of two kilograms) shall be applied and a force of 49,03 newton  (equivalent to a mass of five kilograms), shall be applied for other nets. For the purposes of determining the mesh size in accordance with point E (when a weight or  dynamometer is used), only one series of 20 meshes shall be measured. 3.  The measures applicable to reduce the incidental mortality of seabirds during longline  fisheries are set out in Annex III. 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 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 occurred have not been submitted to CCAMLR. 2.  The exercise of a new fishery in the CCAMLR Convention Area shall be prohibited whenever 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 and in  whose territory it is registered 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 a CCAMLR  Convention Area with vessels flying its flag and 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; (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 it has at its disposal. 6.  As soon as CCAMLR has taken a decision, the new fishery shall be authorized: - by the Commission, in case CCAMLR has not adopted any conservation measures with regard to the  new fishery, or, - by the Council, acting by a qualified majority on a proposal from the Commission, in all other  cases. 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 IV. Article 17 Application of conservation measures to scientific research1.  Masters of Community  vessels intending to conduct research when the estimated catch is expected to be less than 50  tonnes, shall submit to the competent authority of the Member State whose flag they fly and  registred in its territory the following data: - name and external identification mark of vessel- division and subarea in which research is to be  carried out- estimated dates of entering and leaving a CCAMLR Convention Area- purpose of  research- fishing equipment likely to be usedThe Member State shall forward this information to  the Commission, which will in turn duly inform CCAMLR. 2.  Community vessels referred to in paragraph 1 shall be exempt from conservation measures  relating to mesh size regulations, prohibition of types of gear, closed areas, fishing seasons and  size limits, and reporting system requirements other than those specified in Article 5 (8) and  Article 8 (4). 3.  Masters of Community vessels intending to conduct research where the estimated total catch is  expected to be more than 50 tonnes, shall submit to the competent authorities of the flag Member  State the research plans using the form provided by CCAMLR. The Member State will forward the plans  to the Commission which will duly submit them to CCAMLR for review. Until the review process is  completed by CCAMLR and until the Commission has duly notified the Member States in question of  CCAMLR's decision, the planned fishing for research purposes shall not proceed. 4.  A summary of the results of any research subject to these provisions shall be provided by the  Member State to the Commission within 120 days of the completion of the research fisheries. A full  report of the results of the research shall be provided within 10 months. The Commission will  submit the summary to CCAMLR within 60 days and the final report within 2 months from the date of  receipt, respectively. Article 18 Annex 1 fixes the rules for the experimental harvest regime for the crab fishery in  FAO Antarctic subarea 48.3 for the seasons 1993-94 to 1995-96, and the authorized fishing areas. Article 19 Community fishing vessels shall have a scientific observer on board when the said  vessels are engaged in a fishery for Notothenia squamifrons, in statistical FAO subarea 58.4.4 in  the 1995-96 fishing season. 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 from the  1995/96 season. The use of packaging bands for other purposes on fishing vessels which do not use  on-board incinerators shall be prohibited from the 1996/97 season. Article 21 The changes to this Regulation necessary to implement the recommendations adopted by  CCAMLR shall be made by the Council deciding by qualified majority on a proposal by the  Commission. Article 22 Regulation (EEC) No 2245/85 is 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 Experimental harvest regime for the crab fishery in FAO Antarctic subarea 48.3  for seasons 1993/94 to 1995/96 The following measures apply to all crab fishing within FAO  Antarctic subarea 48.3 for the 1993/94, 1994/95 and 1995/96 fishing seasons. Every vessel  participating in the crab fishery in subarea 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 the purpose of this  Conservation Measure, these blocks shall be numbered 'A` to 'L`. The blocks are illustrated in  Figure 1, and the north-east corner of each block is listed in Table 1 of Annex 75/A. 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. (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  Conservation Measure 74/XII. 4. For the purposes of implementing normal fishing operations after Phase 1 of the experimental  regime, the 10-day catch and effort reporting system set out in Article 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° latitude by 7,5°  longitude). These squares shall be subdivisions of the blocks delineated in Phase 1 of the  experimental regime and numbered A1 to L40. The squares are illustrated in Figure 2 and the  north-east corner of each square is listed in Table 2 of Annex 75/A. (ii) 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 square. Soak times for these initial sets shall be at least 24 hours. (iii) Vessels shall finish fishing in one square before starting operations in another square. (iv) Vessels shall attempt to distribute effort throughout the entire square and not fish the gear  in the same location on every set. (v) Vessel captains shall decide which three squares will be fished, but selected squares may not  be contiguous. (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 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 vessel captain voluntarily concludes fishing operations, the vessel shall begin  implementing Phase 3 approximately one week prior to the conclusion of its fishing operations. (iii) CCAMLR shall notify (according to the guidelines set out in the 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 number  (A1 to L40) of the square where fishing occurred, date, fishing effort (number and spacing of pots  and soak time), and catch (numbers and weight) for each haul. 9. Data collected during the experimental regime shall be submitted to CCAMLR by 31 August of the  prevailing split 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 Conservation Measure 74/XII. 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 1993/94, experimental catches shall be considered part of  the 1  600 tonnes TAC outlined in Conservation Measure 74/XII). 13. The experimental regime shall be instituted for a period of three split years (1993/94 to  1995/96), 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 1995/96 split year must complete the  regime during the 1996/97 split year. ANNEX II Minimum mesh size provided for in Article 14 >TABLE> ANNEX III Measures to reduce the incidental mortality of seabirds during longline  fishing (a) Fishing operations shall be conducted in such a way that the baited hook sinks as soon  as possible after it is 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) Rubbish and offal should not be dumped 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 number 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. (Appendix follows). (f) The use of net monitor cables on harvesting vessels in the CCAMLR Convention Area is prohibited  from the 1994/95 fishing season. Appendix to Annex III 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  bait 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 between 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 FILM> ANNEX IV 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 shall 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 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 registered 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 to undertake the evaluations described in Article 16 and the date by which the agreed data  are to be annually reported to CCAMLR; (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 time-scales involved in determining the responses of harvested, dependent and related  populations to fishing activities. 3. Research and fisheries operations plans 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 State's 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.