Office of Oceans Affairs; New Conservation Measures for Antarctic Fishing Under the Auspices of CCAMLR, 3772-3809 [05-1223]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Notices]
[Pages 3772-3809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1223]



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Part II





Department of State





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Office of Oceans Affairs; New Conservation Measures for Antarctic 
Fishing Under the Auspices of CCAMLR; Notice

Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / 
Notices

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DEPARTMENT OF STATE

[I.D. 010705D]


Office of Oceans Affairs; New Conservation Measures for Antarctic 
Fishing Under the Auspices of CCAMLR

AGENCY: Office of Oceans Affairs, Department of State.

ACTION: Notice.

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SUMMARY: At its Twenty-Third Meeting in Hobart, Tasmania, from October 
25 to November 5, 2004, the Commission for the Conservation of 
Antarctic Marine Living Resources (CCAMLR), of which the United States 
is a member, adopted conservation measures, pending countries' 
approval, pertaining to fishing in the CCAMLR Convention Area. All the 
measures were agreed upon in accordance with Article IX of the 
Convention for the Conservation of Antarctic Marine Living Resources. 
Measures adopted restrict overall catches of certain species of fish 
and crabs, restrict fishing in certain areas, specify implementation 
and inspection obligations supporting the Catch Documentation Scheme of 
Contracting Parties, and promote compliance with CCAMLR measures by 
non-Contracting Party vessels. This notice includes the full text of 
the conservation measures adopted at the Twenty-Third meeting of 
CCAMLR. For all of the conservation measures in force, see the CCAMLR 
Web site at https://www.ccamlr.org. This notice, therefore, together 
with the U.S. regulations referenced under the Supplementary 
Information, provides a comprehensive register of all current U.S. 
obligations under CCAMLR.

DATES: Persons wishing to comment on the measures or desiring more 
information should submit written comments by February 25, 2005.

FOR FURTHER INFORMATION CONTACT: Hunter H. Cashdollar, Office of Oceans 
Affairs (OES/OA), Room 5805, Department of State, Washington, DC 20520; 
tel: (202) 647-3947; fax: (202) 647-9099; e-mail: 
cashdollarhh@state.gov.

SUPPLEMENTARY INFORMATION: Individuals interested in CCAMLR should also 
see 15 CFR Chapter III--International Fishing and Related Activities, 
Part 300--International Fishing Regulations, Subpart A--General; 
Subpart B--High Seas Fisheries; and Subpart G--Antarctic Marine Living 
Resources, for other regulatory measures related to conservation and 
management in the CCAMLR Convention area. Subpart B notes the 
requirements for high seas fishing vessel licensing. Subparts A and G 
describe the process for regulating U.S. fishing in the CCAMLR 
Conventional area and contain the text of CCAMLR Conservation Measures 
that are not expected to change from year to year. The regulations in 
Subparts A and G include sections on: Purpose and scope; Definitions; 
Relationship to other treaties, conventions, laws and regulations; 
Procedure for according protection to CCAMLR Ecosystem Monitoring 
Program Sites; Scientific Research; Initiating a new fishery; 
Exploratory fisheries; Reporting and record keeping requirements; 
Vessel and gear identification; Gear disposal; Mesh Size; Harvesting 
permits; Import permits; Appointment of a designated representative; 
Prohibitions; Facilitation of enforcement and inspection; and 
Penalties.
    The Commission agreed that the following conservation measures will 
remain in force in 2004/05: Compliance: 10-01 (1998), 10-03 (2002), and 
10-07 (2003); General fishery matters: 21-01 (2002), 22-01 (1986), 22-
02 (1984), 22-03 (1990), 23-02 (1993), 23-03 (1991), 23-04 (2000), 23-
05 (2000), 24-01 (2003), 25-01 (1996), 25-02 (2003), and 25-03 (2003); 
Fishery Regulations: 31-01 (1986), 32-01 (2001), 32-02 (1998), 32-03 
(1998), 32-04 (1986), 32-05 (1986), 32-06 (1985), 32-07 (1999), 32-08 
(1997), 32-10 (2002), 32-11 (2002), 32-12 (1998), 32-13 (2003), 32-14 
(2003), 32-15 (2003), 32-16 (2003), 32-17 (2003), 33-01 (1995), 41-03 
(1999), 51-01 (2002), 51-02 (2002) and 51-03 (2002).
    At its twenty-third meeting in Hobart, Tasmania, the Commission 
agreed that the following resolutions will remain in force in 2004/05: 
Resolutions 7/IX, 10/XII, 14/XIX, 15/XXII, 16/XIX, 17/XX, 18/XXI, 19/
XXI AND 20/XXII.
    New and Revised Conservation Measures. The Commission revised the 
following conservation measures at its twenty-third meeting: 
Compliance: 10-02 (2001), 10-04 (2002), 10-05 (2003), 10-06 (2002); 
General Fishery Matters: 21-02 (2002), 23-01 (2003), 23-06 (2002), and 
24-02 (2003); Protected Areas: 90-01 (2000), 91-02 (2000), and 91-03 
(2000).
    In addition, twenty-nine Conservation Measures and three 
Resolutions were adopted at the twenty-third meeting: (For further 
information, see the CCAMLR Web site at https://www.ccamlr.org under 
Publications for the Schedule of Conservation Measures in Force (2004/
2005), or contact the Commission at the CCAMLR Secretariat, PO Box 213, 
North Hobart, Tasmania 7002, Australia. Tel: (61) 3-6234-9965.)

Conservation Measures and Resolutions Adopted at CCAMLR-XXIII

Conservation Measure 10-02 (2004) 1 2

Licensing and Inspection Obligations of Contracting Parties With Regard 
to Their Flag Vessels Operating in the Convention Area
Species all
Area all
Season all
Gear all

    1. Each Contracting Party shall prohibit fishing by its flag 
vessels in the Convention Area except pursuant to a licence 
3 that the Contracting Party has issued setting forth the 
specific areas, species and time periods for which such fishing is 
authorised and all other specific conditions to which the fishing is 
subject to give effect to CCAMLR conservation measures and requirements 
under the Convention.
    2. A Contracting Party may only issue such a licence to fish in the 
Convention Area to vessels flying its flag, if it is satisfied of its 
ability to exercise its responsibilities under the Convention and its 
conservation measures, by requiring from each vessel, inter alia, the 
following:
    (i) Timely notification by the vessel to its Flag State of exit 
from and entry into any port;
    (ii) Notification by the vessel to its Flag State of entry into the 
Convention Area and movement between areas, subareas/divisions;
    (iii) Reporting by the vessel of catch data in accordance with 
CCAMLR requirements;
    (iv) Operation of a VMS system on board the vessel in accordance 
with Conservation Measure 10-04.
    3. Each Contracting Party shall provide to the Secretariat within 
seven days of the issuance of each licence the following information 
about licences issued:
     Name of the vessel
     Time periods authorised for fishing (start and end dates)
     Area(s) of fishing
     Species targeted
     Gear used.
    4. From 1 August 2005, each Contracting Party shall provide to the 
Secretariat within seven days of the issuance of each licence the 
following information about licences issued:
    (i) Name of fishing vessel (any previous names if known), 
4 registration number, 5 IMO number (if issued), 
external markings and port of registry;
    (ii) The nature of the authorisation to fish granted by the Flag 
State, specifying time periods authorised for fishing (start and end 
dates), area(s) of fishing, species targeted and gear used;

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    (iii) Previous flag (if any); 4
    (iv) International Radio Call Sign;
    (v) Name and address of vessel's owner(s), and any beneficial 
owner(s) if known;
    (vi) Name and address of licence owner (if different from vessel 
owner(s));
    (vii) Type of vessel;
    (viii) Where and when built;
    (ix) Length (m);
    (x) Colour photographs of the vessel which shall consist of:
     One photograph not smaller than 12 x 7 cm showing the 
starboard side of the vessel displaying its full overall length and 
complete structural features;
     One photograph not smaller than 12 x 7 cm showing the port 
side of the vessel displaying its full overall length and complete 
structural features;
     One photograph not smaller than 12 x 7 cm showing the 
stern taken directly from astern;
    (xi) Where applicable, in accordance with Conservation Measure 10-
04, details of the implementation of the tamper-proof requirements of 
the satellite monitoring device installed on board.
    5. From 1 August 2005, each Contracting Party shall, to the extent 
practicable, also provide to the Secretariat at the same time as 
submitting information in accordance with paragraph 4, the following 
additional information in respect to each fishing vessel licensed:
    (i) Name and address of operator, if different from vessel owners;
    (ii) Names and nationality of master and, where relevant, of 
fishing master;
    (iii) Type of fishing method or methods;
    (iv) Beam (m);
    (v) Gross registered tonnage;
    (vi) Vessel communication types and numbers (INMARSAT A, B and C 
numbers);
    (vii) Normal crew complement;
    (viii) Power of main engine or engines (kW);
    (ix) Carrying capacity (tonnes), number of fish holds and their 
capacity (m\3\);
    (x) Any other information in respect of each licensed vessel they 
consider appropriate (e.g. ice classification) for the purposes of the 
implementation of the conservation measures adopted by the Commission.
    6. Contracting Parties shall communicate without delay to the 
Secretariat any change to any of the information submitted in 
accordance with paragraphs 3, 4 and 5.
    7. The Executive Secretary shall place a list of licensed vessels 
on the CCAMLR Web site.
    8. The licence or an authorised copy of the licence must be carried 
by the fishing vessel and must be available for inspection at any time 
by a designated CCAMLR inspector in the Convention Area.
    9. Each Contracting Party shall verify, through inspections of all 
of its fishing vessels at the Party's departure and arrival ports, and 
where appropriate, in its Exclusive Economic Zone, their compliance 
with the conditions of the licence as described in paragraph 1 and with 
the CCAMLR conservation measures. In the event that there is evidence 
that the vessel has not fished in accordance with the conditions of its 
licence, the Contracting Party shall investigate the infringement and, 
if necessary, apply appropriate sanctions in accordance with its 
national legislation.
    10. Each Contracting Party shall include in its annual report 
pursuant to paragraph 12 of the CCAMLR System of Inspection, steps it 
has taken to implement and apply this conservation measure; and may 
include additional measures it may have taken in relation to its flag 
vessels to promote the effectiveness of CCAMLR conservation measures.

    1 Except for waters adjacent to the Kerguelen and 
Crozet Islands.
    2 Except for waters adjacent to the Prince Edward 
Islands.
    3 Includes permit and authorisation.
    4 In respect of any vessel reflagged within the 
previous 12 months, any information on the details of the process of 
(reasons for) previous deregistration of the vessel from other 
registries, if known.
    5 National registry number.

Conservation Measure 10-04 (2004)

Automated Satellite-Linked Vessel Monitoring Systems (VMS)
Species all except krill
Area all
Season all
Gear all

    The Commission, Recognising that in order to promote the objectives 
of the Convention and further improve compliance with the relevant 
conservation measures,
    Convinced that illegal, unreported and unregulated (IUU) fishing 
compromises the objective of the Convention,
    Recalling that Contracting Parties are required to cooperate in 
taking appropriate action to deter any fishing activities which are not 
consistent with the objective of the Convention,
    Mindful of the rights and obligations of Flag States and Port 
States to promote the effectiveness of conservation measures,
    Wanting to reinforce the conservation measures already adopted by 
the Commission,
    Recognising the obligations and responsibilities of Contracting 
Parties under the Catch Documentation Scheme for Dissostichus spp. 
(CDS),
    Recalling provisions as made under Article XXIV of the Convention,
    Committed to take steps, consistent with international law, to 
identify the origins of Dissostichus spp. entering the markets of 
Contracting Parties and to determine whether Dissostichus spp. 
harvested in the Convention Area that is imported into their 
territories was caught in a manner consistent with CCAMLR conservation 
measures, hereby adopts the following conservation measure in 
accordance with Article IX of the Convention:
    1. Each Contracting Party shall ensure that its fishing vessels, 
licensed 1 in accordance with Conservation Measure 10-02, 
are equipped with a satellite-linked vessel monitoring device allowing 
for the continuous reporting of their position in the Convention Area 
for the duration of the licence issued by the Flag State. The vessel 
monitoring device shall automatically communicate at least every four 
hours to a land-based fisheries monitoring centre (FMC) of the Flag 
State of the vessel the following data:
    (i) Fishing vessel identification;
    (ii) The current geographical position (latitude and longitude) of 
the vessel, with a position error which shall be less than 500 m, with 
a confidence interval of 99%;
    (iii) The date and time (expressed in UTC) of the fixing of the 
said position of the vessel;
    (iv) The speed and course of the vessel.
    2. The implementation of vessel monitoring device(s) on vessels 
while participating only in a krill fishery is not currently required.
    3. Each Contracting Party as a Flag State shall ensure that the 
vessel monitoring device(s) on board its vessels are tamper proof, i.e. 
are of a type and configuration that prevent the input or output of 
false positions, and that are not capable of being over-ridden, whether 
manually, electronically or otherwise. To this end, the on-board 
satellite monitoring device must:
    (i) Be located within a sealed unit;
    (ii) Be protected by official seals (or mechanisms) of a type that 
indicate whether the unit has been accessed or tampered with.
    4. In the event that a Contracting Party has information to suspect 
that an on-board vessel monitoring device does not

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meet the requirements of paragraph 3, or has been tampered with, it 
shall immediately notify the Secretariat and the vessel's Flag State.
    5. Each Contracting Party shall ensure that its FMC receives Vessel 
Monitoring System (VMS) reports and messages, and that the FMC is 
equipped with computer hardware and software enabling automatic data 
processing and electronic data transmission. Each Contracting Party 
shall provide for backup and recovery procedures in case of system 
failures.
    6. Masters and owners/licensees of fishing vessels subject to VMS 
shall ensure that the vessel monitoring device on board their vessels 
within the Convention Area is at all times fully operational as per 
paragraph 1, and that the data are transmitted to the Flag State. 
Masters and owners/licensees shall in particular ensure that:
    (i) VMS reports and messages are not altered in any way;
    (ii) The antennae connected to the satellite monitoring device are 
not obstructed in any way;
    (iii) The power supply of the satellite monitoring device is not 
interrupted in any way;
    (iv) The vessel monitoring device is not removed from the vessel.
    7. A vessel monitoring device shall be active within the Convention 
Area. It may, however, be switched off when the fishing vessel is in 
port for a period of more than one week, subject to prior notification 
to the Flag State, and if the Flag State so desires also to the 
Secretariat, and providing that the first position report generated 
following the repowering (activating) shows that the fishing vessel has 
not changed position compared to the last report.
    8. In the event of a technical failure or non-functioning of the 
vessel monitoring device on board the fishing vessel, the master or the 
owner of the vessel, or their representative, shall communicate to the 
Flag State every six hours, and if the Flag State so desires also to 
the Secretariat, starting at the time that the failure or the non-
functioning was detected or notified in accordance with paragraph 13, 
the up-to-date geographical position of the vessel by electronic means 
(e-mail, facsimile, telex, telephone message, radio).
    9. Vessels with a defective vessel monitoring device shall take 
immediate steps to have the device repaired or replaced as soon as 
possible and, in any event, within two months. If the vessel during 
that time returns to port, it shall not be allowed by the Flag State to 
commence a further fishing trip in the Convention Area without having 
the defective device repaired or replaced.
    10. When the Flag State has not received for 12 hours data 
transmissions referred to in paragraphs 1 and 8, or has reasons to 
doubt the correctness of the data transmissions under paragraphs 1 and 
8, it shall as soon as possible notify the master or the owner or the 
representative thereof. If this situation occurs more than two times 
within a period of one year in respect of a particular vessel, the Flag 
State of the vessel shall investigate the matter, including having an 
authorised official check the device in question, in order to establish 
whether the equipment has been tampered with. The outcome of this 
investigation shall be forwarded to the CCAMLR Secretariat within 30 
days of its completion.
    11. Each Contracting Party shall forward VMS reports and messages 
received, pursuant to paragraph 1, to the CCAMLR Secretariat as soon as 
possible: 2, 3
    (i) But not later than four hours after receipt for those 
exploratory longline fisheries subject to conservation measures adopted 
at CCAMLR-XXIII; or
    (ii) Following departure from the Convention Area for all other 
fisheries.
    12. Without prejudice to its responsibilities as a Flag State, if 
the Contracting Party so desires, it shall ensure that each of its 
vessels communicates the reports referred to in paragraph 11 in 
parallel to the CCAMLR Secretariat.
    13. With regard to paragraphs 8 and 11(i), each Contracting Party 
shall, as soon as possible but no later than two working days following 
detection or notification of technical failure or non-functioning of 
the vessel monitoring device on board the fishing vessel, forward the 
geographical positions of the vessel to the Secretariat, or shall 
ensure that these positions are forwarded to the Secretariat by the 
master or the owner of the vessel, or their representative.
    14. Each Flag State shall ensure that VMS reports and messages 
transmitted by the Contracting Party or its fishing vessels to the 
CCAMLR Secretariat, are in a computer-readable form in the data 
exchange format set out in Annex 10-04/A.
    15. Each Flag State shall in addition notify the CCAMLR Secretariat 
as soon as possible of each entry to and exit from the Convention Area 
by each of its fishing vessels in the format outlined in Annex 10-04/A.
    16. Each Flag State shall notify the name, address, e-mail, 
telephone and facsimile numbers, as well as the address of electronic 
communication of the relevant authorities of their FMC to the CCAMLR 
Secretariat before 1 January 2005 and thereafter any changes without 
delay.
    17. In the event that the CCAMLR Secretariat has not, for 48 
consecutive hours, received the data transmissions referred to in 
paragraph 11(i), it shall promptly notify the Flag State of the vessel 
and require an explanation. The CCAMLR Secretariat shall promptly 
inform the Commission if the data transmissions at issue, or the Flag 
State explanation, are not received from the Contracting Party within a 
further five working days.
    18. The CCAMLR Secretariat and all Parties receiving data shall 
treat all VMS reports and messages received under paragraph 11 or 
paragraphs 19, 20, 21 or 22 in a confidential manner in accordance with 
the confidentiality rules established by the Commission as contained in 
Annex 10-04/B. Data from individual vessels shall be used for 
compliance purposes only, namely for:
    (i) Active surveillance presence, and/or inspections by a 
Contracting Party in a specified CCAMLR subarea or division; or
    (ii) The purposes of verifying the content of a Dissostichus Catch 
Document (DCD).
    19. The CCAMLR Secretariat shall place a list of vessels submitting 
VMS reports and messages pursuant to this conservation measure on a 
password-protected section of the CCAMLR Web site. This list shall be 
divided into subareas and divisions, without indicating the exact 
positions of vessels, and be updated when a vessel changes subarea or 
division. The list shall be posted daily by the Secretariat, 
establishing an electronic archive.
    20. VMS reports and messages (including vessel locations), for the 
purposes of paragraph 18(i) above, may be provided by the Secretariat 
to a Contracting Party other than the Flag State without the permission 
of the Flag State only during active surveillance, and/or inspection in 
accordance with the CCAMLR System of Inspection and according to the 
time frames set out in paragraph 11. In this case, the Secretariat 
shall provide VMS reports and messages, including vessel locations over 
the previous 10 days, for vessels actually detected during 
surveillance, and/or inspection by a Contracting Party, and VMS reports 
and messages (including vessel locations) for all vessels within 100 n 
miles of that same location. The Flag State(s) concerned shall be 
provided by the Party conducting the active surveillance, and/or 
inspection, with a report including name of the vessel or

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aircraft on active surveillance, and/or inspection under the CCAMLR 
System of Inspection, and the full name(s) of the CCAMLR inspector(s) 
and their ID number(s). The Parties conducting the active surveillance, 
and/or inspection will make every reasonable effort to make this 
information available to the Flag State(s) as soon as possible.
    21. A Party may contact the Secretariat prior to conducting active 
surveillance, and/or inspection in accordance with the CCAMLR System of 
Inspection, in a given area and request VMS reports and messages 
(including vessel locations), for vessels in that area. The Secretariat 
shall provide this information only with the permission of the Flag 
State for each of the vessels and according to the time frames set out 
in paragraph 11. On receipt of Flag State permission the Secretariat 
shall provide regular updates of positions to the Contracting Party for 
the duration of the active surveillance, and/or inspection in 
accordance with the CCAMLR System of Inspection.
    22. A Contracting Party may request actual VMS reports and messages 
(including vessel locations) from the Secretariat for a vessel when 
verifying the claims on a DCD. In this case the Secretariat shall 
provide that data only with Flag State permission.
    23. The CCAMLR Secretariat shall annually, before 30 September, 
report on the implementation of and compliance with this conservation 
measure to the Commission.

    \1\ Includes vessels licensed under French domestic law and 
vessels licensed under South African domestic law.
    \2\ This paragraph does not apply to vessels licensed under 
French domestic law in the EEZs surrounding Kerguelen and Crozet 
Islands.
    \3\ This paragraph does not apply to vessels licensed under 
South African domestic law in the EEZs surrounding Prince Edward 
Islands.

Annex 10-04/A

VMS Data Format

`Position', `Exit' and `Entry' Reports/Messages
Data element Field code.
Mandatory/Optional Remarks.
Start record SR M System detail; indicates start of record.
Address AD M Message detail; destination; `XCA' for CCAMLR.
Sequence number SQ M 1 Message detail; message serial 
number in current year.
Type of message TM 2 M Message detail; message type, 
`POS' as position report/message to be communicated by VMS or other 
means by vessels with a defective satellite tracking device.
Radio call sign RC M Vessel registration detail; international radio 
call sign of the vessel.
Trip number TN O Activity detail; fishing trip serial number in 
current year.
Vessel name NA M Vessel registration detail; name of the vessel.
Contracting Party internal reference number IR O Vessel registration 
detail. Unique Contracting Party vessel number as ISO-3 Flag State 
code followed by number.
External registration number XR O Vessel registration detail; the 
side number of the vessel.
Latitude LA M 3 Activity detail; position.
Longitude LO M 3 Activity detail; position.
Latitude (decimal) LT M 4 Activity detail; position.
Longitude (decimal) LG M 4 Activity detail; position.
Date DA M Message detail; position date.
Time TI M Message detail; position time in UTC.
End of record ER M System detail; indicates end of the record.

    1 Optional in case of a VMS message.
    2 Type of message shall be `ENT' for the first VMS 
message from the Convention Area as detected by the FMC of the 
Contracting Party, or as directly submitted by the vessel. Type of 
message shall be `EXI' for the first VMS message from outside the 
Convention Area as detected by the FMC of the Contracting Party or 
as directly submitted by the vessel, and the values for latitude and 
Longitude are, in this type of message, optional. Type of message 
shall be `MAN' for reports communicated by vessels with a defective 
satellite tracking device.
    3 Mandatory for manual messages.
    4 Mandatory for VMS messages.

Annex 10-04/B

Provisions on Secure and Confidential Treatment of Electronic Reports 
and Messages Transmitted Pursuant to Conservation Measure 10-04

1. Field of Application
    1.1 The provisions set out below shall apply to all VMS reports and 
messages transmitted and received pursuant to Conservation Measure 10-
04.
2. General Provisions
    2.1 The CCAMLR Secretariat and the appropriate authorities of 
Contracting Parties transmitting and receiving VMS reports and messages 
shall take all necessary measures to comply with the security and 
confidentiality provisions set out in sections 3 and 4.
    2.2 The CCAMLR Secretariat shall inform all Contracting Parties of 
the measures taken in the Secretariat to comply with these security and 
confidentiality provisions.
    2.3 The CCAMLR Secretariat shall take all the necessary steps to 
ensure that the requirements pertaining to the deletion of VMS reports 
and messages handled by the Secretariat are complied with.
    2.4 Each Contracting Party shall guarantee the CCAMLR Secretariat 
the right to obtain as appropriate, the rectification of reports and 
messages or the erasure of VMS reports and messages, the processing of 
which does not comply with the provisions of Conservation Measure 10-
04.
3. Provisions on Confidentiality
    3.1 All requests for data must be made to the CCAMLR Secretariat in 
writing.
    3.2 In cases where the CCAMLR Secretariat is required to seek the 
permission of the Flag State before releasing VMS reports and messages 
to another Party, the Flag State shall respond to the Secretariat as 
soon as possible but in any case within two working days.
    3.3 Where the Flag State chooses not to give permission for the 
release of VMS reports and messages, the Flag State shall, in each 
instance, provide a written report within 10 working days to the 
Commission outlining the reasons why it chooses not to permit data to 
be released. The CCAMLR Secretariat shall place any report so provided, 
or notice that no report was received, on a password-protected part of 
the CCAMLR Web site.
    3.4 VMS reports and messages shall only be released and used for 
the purposes stipulated in paragraph 18 of Conservation Measure 10-04.
    3.5 VMS reports and messages released pursuant to paragraphs 20, 21 
and 22 of Conservation Measure 10-04 shall provide details of: name of 
vessel, date and time of position report, and latitude and longitude 
position at time of report.
    3.6 Regarding paragraph 21 each inspecting Contracting Party shall 
make available VMS reports and messages and positions derived therefrom 
only to their inspectors designated under the CCAMLR System of 
Inspection. VMS reports and messages shall be transmitted to their 
inspectors no more than 48 hours prior to entry into the CCAMLR, 
subarea or division where surveillance is to be conducted by the 
Contracting Party. Contracting Parties must ensure that VMS reports and 
messages are kept confidential by such inspectors.
    3.7 The CCAMLR Secretariat shall delete all the original VMS 
reports and messages referred to in section 1 from the database at the 
CCAMLR Secretariat by the end of the first calendar month following the 
third year in which the VMS reports and messages have originated. 
Thereafter the information

[[Page 3776]]

related to the catch and movement of the fishing vessels shall only be 
retained by the CCAMLR Secretariat, after measures have been taken to 
ensure that the identity of the individual vessels can no longer be 
established.
    3.8 Contracting Parties may retain and store VMS reports and 
messages provided by the Secretariat for the purposes of active 
surveillance presence, and/or inspections, until 24 hours after the 
vessels to which the reports and messages pertain have departed from 
the CCAMLR subarea or division. Departure is deemed to have been 
effected six hours after the transmission of the intention to exit from 
the CCAMLR subarea or division.
4. Provisions on Security
    4.1 Overview
    4.1.1 Contracting Parties and the CCAMLR Secretariat shall ensure 
the secure treatment of VMS reports and messages in their respective 
electronic data processing facilities, in particular where the 
processing involves transmission over a network. Contracting Parties 
and the CCAMLR Secretariat must implement appropriate technical and 
organisational measures to protect reports and messages against 
accidental or unlawful destruction or accidental loss, alteration, 
unauthorised disclosure or access, and against all inappropriate forms 
of processing.
    4.1.2 The following security issues must be addressed from the 
outset:
     System access control: The system has to withstand a 
break-in attempt from unauthorised persons.
     Authenticity and data access control: The system has to be 
able to limit the access of authorised parties to a predefined set of 
data only.
     Communication security: It shall be guaranteed that VMS 
reports and messages are securely communicated.
     Data security: It has to be guaranteed that all VMS 
reports and messages that enter the system are securely stored for the 
required time and that they will not be tampered with.
     Security procedures: Security procedures shall be designed 
addressing access to the system (both hardware and software), system 
administration and maintenance, backup and general usage of the system.
    4.1.3 Having regard to the state of the art and the cost of their 
implementation, such measures shall ensure a level of security 
appropriate to the risks represented by the processing of the reports 
and the messages.
    4.1.4 Security measures are described in more detail in the 
following paragraphs.
    4.2 System Access Control
    4.2.1 The following features are the mandatory requirements for the 
VMS installation located at the CCAMLR Data Centre:
     A stringent password and authentication system: each user 
of the system is assigned a unique user identification and associated 
password. Each time the user logs on to the system he/she has to 
provide the correct password. Even when successfully logged on the user 
only has access to those and only those functions and data that he/she 
is configured to have access to. Only a privileged user has access to 
all the data.
     Physical access to the computer system is controlled.
     Auditing: Selective recording of events for analysis and 
detection of security breaches.
     Time-based access control: access to the system can be 
specified in terms of times-of-day and days-of-week that each user is 
allowed to log on to the system.
     Terminal access control: Specifying for each workstation 
which users are allowed to access.
    4.3 Authenticity and Data Access Security
    4.3.1 Communication between Contracting Parties and the CCAMLR 
Secretariat for the purpose of Conservation Measure 10-04 shall use 
secure Internet protocols SSL, DES or verified certificates obtained 
from the CCAMLR Secretariat.
    4.4 Data Security
    4.4.1 Access limitation to the data shall be secured via a flexible 
user identification and password mechanism. Each user shall be given 
access only to the data necessary for his task.
    4.5 Security Procedures
    4.5.1 Each Contracting Party and the CCAMLR Secretariat shall 
nominate a security system administrator. The security system 
administrator shall review the log files generated by the software for 
which they are responsible, properly maintain the system security for 
which they are responsible, restrict access to the system for which 
they are responsible as deemed needed and in the case of Contracting 
Parties, also act as a liaison with the Secretariat in order to solve 
security matters.

Conservation Measure 10-05 (2004)

Catch Documentation Scheme for Dissostichus spp.

Species toothfish
Area all
Season all
Gear all

    The Commission,
    Concerned that illegal, unregulated and unreported (IUU) fishing 
for Dissostichus spp. in the Convention Area threatens serious 
depletion of populations of Dissostichus spp.,
    Aware that IUU fishing involves significant by-catch of some 
Antarctic species, including endangered albatross,
    Noting that IUU fishing is inconsistent with the objective of the 
Convention and undermines the effectiveness of CCAMLR conservation 
measures,
    Underlining the responsibilities of Flag States to ensure that 
their vessels conduct their fishing activities in a responsible manner,
    Mindful of the rights and obligations of Port States to promote the 
effectiveness of regional fishery conservation measures,
    Aware that IUU fishing reflects the high value of, and resulting 
expansion in markets for and international trade in, Dissostichus spp.,
    Recalling that Contracting Parties have agreed to introduce 
classification codes for Dissostichus spp. at a national level,
    Recognising that the implementation of a Catch Documentation Scheme 
for Dissostichus spp. (CDS) will provide the Commission with essential 
information necessary to provide the precautionary management 
objectives of the Convention,
    Committed to take steps, consistent with international law, to 
identify the origins of Dissostichus spp. entering the markets of 
Contracting Parties and to determine whether Dissostichus spp. 
harvested in the Convention Area that is imported into their 
territories was caught in a manner consistent with CCAMLR conservation 
measures,
    Wishing to reinforce the conservation measures already adopted by 
the Commission with respect to Dissostichus spp.,
    Inviting non-Contracting Parties whose vessels fish for 
Dissostichus spp. to participate in the CDS,
    Hereby adopts the following conservation measure in accordance with 
Article IX of the Convention:
    1. Each Contracting Party shall take steps to identify the origin 
of Dissostichus spp. imported into or exported from its territories and 
to determine whether Dissostichus spp. harvested in the Convention Area 
that is imported into or exported from its territories was caught in a 
manner consistent with CCAMLR conservation measures.
    2. Each Contracting Party shall require that each master or 
authorised representative of its flag vessels authorised to engage in 
harvesting of Dissostichus eleginoides and/or Dissostichus mawsoni 
complete a

[[Page 3777]]

Dissostichus catch document (DCD) for the catch landed or transhipped 
on each occasion that it lands or tranships Dissostichus spp.
    3. Each Contracting Party shall require that each landing of 
Dissostichus spp. at its ports and each transhipment of Dissostichus 
spp. to its vessels be accompanied by a completed DCD. The landing of 
Dissostichus spp. without a catch document is prohibited.
    4. Each Contracting Party shall, in accordance with their laws and 
regulations, require that their flag vessels which intend to harvest 
Dissostichus spp., including on the high seas outside the Convention 
Area, are provided with specific authorisation to do so. Each 
Contracting Party shall provide DCD forms to each of its flag vessels 
authorised to harvest Dissostichus spp. and only to those vessels.
    5. A non-Contracting Party seeking to cooperate with CCAMLR by 
participating in this scheme may issue DCD forms, in accordance with 
the procedures specified in paragraphs 6 and 7, to any of its flag 
vessels that intend to harvest Dissostichus spp.
    6. The DCD shall include the following information:
    (i) The name, address, telephone and fax numbers of the issuing 
authority;
    (ii) The name, home port, national registry number, and call sign 
of the vessel and, if issued, its IMO/Lloyd's registration number;
    (iii) The reference number of the licence or permit, whichever is 
applicable, that is issued to the vessel;
    (iv) The weight of each Dissostichus species landed or transhipped 
by product type, and
    (a) By CCAMLR statistical subarea or division if caught in the 
Convention Area; and/or
    (b) By FAO statistical area, subarea or division if caught outside 
the Convention Area;
    (v) The dates within which the catch was taken;
    (vi) The date and the port at which the catch was landed or the 
date and the vessel, its flag and national registry number, to which 
the catch was transhipped;
    (vii) The name, address, telephone and fax numbers of the 
recipient(s) of the catch and the amount of each species and product 
type received.
    7. Procedures for completing DCDs in respect of vessels are set 
forth in paragraphs A1 to A10 of Annex 10-05/A to this measure. The 
standard catch document is attached to the annex.
    8. Each Contracting Party shall require that each shipment of 
Dissostichus spp. imported into or exported from its territory be 
accompanied by the export-validated DCD(s) and, where appropriate, 
validated re-export document(s) that account for all the Dissostichus 
spp. contained in the shipment. The import, export or re-export of 
Dissostichus spp. without a catch document is prohibited.
    9. An export-validated DCD issued in respect of a vessel is one 
that:
    (i) Includes all relevant information and signatures provided in 
accordance with paragraphs A1 to A11 of Annex 10-05/A to this measure;
    (ii) Includes a signed and stamped certification by a responsible 
official of the exporting State of the accuracy of the information 
contained in the document.
    10. Each Contracting Party shall ensure that its customs 
authorities or other appropriate officials request and examine the 
documentation of each shipment of Dissostichus spp. imported into or 
exported from its territory to verify that it includes the export-
validated DCD(s) and, where appropriate, validated re-export 
document(s) that account for all the Dissostichus spp. contained in the 
shipment. These officials may also examine the content of any shipment 
to verify the information contained in the catch document or documents.
    11. If, as a result of an examination referred to in paragraph 10 
above, a question arises regarding the information contained in a DCD 
or a re-export document the exporting State whose national authority 
validated the document(s) and, as appropriate, the Flag State whose 
vessel completed the document are called on to cooperate with the 
importing State with a view to resolving such question.
    12. Each Contracting Party shall promptly provide by the most rapid 
electronic means copies to the CCAMLR Secretariat of all export-
validated DCDs and, where relevant, validated re-export documents that 
it issued from and received into its territory and shall report 
annually to the Secretariat data, drawn from such documents, on the 
origin and amount of Dissostichus spp. exported from and imported into 
its territory.
    13. Each Contracting Party, and any non-Contracting Party that 
issues DCDs in respect of its flag vessels in accordance with paragraph 
5, shall inform the CCAMLR Secretariat of the national authority or 
authorities (including names, addresses, phone and fax numbers and e-
mail addresses) responsible for issuing and validating DCDs.
    14. Notwithstanding the above, any Contracting Party, or any non-
Contracting Party participating in the CDS, may require additional 
verification of catch documents by Flag States by using, inter alia, 
VMS, in respect of catches \1\ taken on the high seas outside the 
Convention Area, when landed at, imported into or exported from its 
territory.
    15. If, following an examination under paragraph 10, questions 
under paragraph 11 or requests for additional verification of documents 
under paragraph 14, it is determined, after consultation with the 
States concerned, that a catch document is invalid, the import, export 
or re-export of Dissostichus spp. being the subject of the document is 
prohibited.
    16. If a Contracting Party participating in the CDS has cause to 
sell or dispose of seized or confiscated Dissostichus spp., it may 
issue a Specially Validated Dissostichus Catch Document (SVDCD) 
specifying the reasons for that validation. The SVDCD shall include a 
statement describing the circumstances under which confiscated fish are 
moving in trade. To the extent practicable, Parties shall ensure that 
no financial benefit arising from the sale of seized or confiscated 
catch accrue to the perpetrators of IUU fishing. If a Contracting Party 
issues a SVDCD, it shall immediately report all such validations to the 
Secretariat for conveying to all Parties and, as appropriate, recording 
in trade statistics.
    17. A Contracting Party may transfer all or part of the proceeds 
from the sale of seized or confiscated Dissostichus spp. into the CDS 
Fund created by the Commission or into a national fund which promotes 
achievement of the objectives of the Convention. A Contracting Party 
may, consistent with its domestic legislation, decline to provide a 
market for toothfish offered for sale with a SVDCD by another State. 
Provisions concerning the uses of the CDS Fund are found in Annex B.

    \1\ Excluding by-catches of Dissostichus spp. by trawlers 
fishing on the high seas outside the Convention Area. A by-catch 
shall be defined as no more than 5% of total catch of all species 
and no more than 50 tonnes for an entire fishing trip by a vessel.

Annex 10-05/A

    A1. Each Flag State shall ensure that each Dissostichus catch 
document form that it issues includes a specific identification number 
consisting of:
    (i) A four-digit number, consisting of the two-digit International 
Standards Organization (ISO) country code plus the last two digits of 
the year for which the form is issued;

[[Page 3778]]

    (ii) A three-digit sequence number (beginning with 001) to denote 
the order in which catch document forms are issued.
    It shall also enter on each Dissostichus catch document form the 
number as appropriate of the licence or permit issued to the vessel.
    A2. The master of a vessel which has been issued a Dissostichus 
catch document form or forms shall adhere to the following procedures 
prior to each landing or transhipment of Dissostichus spp.:
    (i) The master shall ensure that the information specified in 
paragraph 6 of this conservation measure is accurately recorded on the 
Dissostichus catch document form;
    (ii) If a landing or transhipment includes catch of both 
Dissostichus spp., the master shall record on the Dissostichus catch 
document form the total amount of the catch landed or transhipped by 
weight of each species;
    (iii) If a landing or transhipment includes catch of Dissostichus 
spp. taken from different statistical subareas and/or divisions, the 
master shall record on the Dissostichus catch document form the amount 
of the catch by weight of each species taken from each statistical 
subarea and/or division and indicating whether the catch was caught in 
an EEZ or on the high seas, as appropriate;
    (iv) The master shall convey to the Flag State of the vessel by the 
most rapid electronic means available, the Dissostichus catch document 
number, the dates within which the catch was taken, the species, 
processing type or types, the estimated weight to be landed and the 
area or areas of the catch, the date of landing or transhipment and the 
port and country of landing or vessel of transhipment and shall request 
from the Flag State, a Flag State confirmation number.
    A3. If, for catches \1\ taken in the Convention Area or on the high 
seas outside the Convention Area, the Flag State verifies, by the use 
of a VMS (as described in paragraph 1 of Conservation Measure 10-04), 
the area fished and that the catch to be landed or transhipped as 
reported by its vessel is accurately recorded and taken in a manner 
consistent with its authorisation to fish, it shall convey a unique 
Flag State confirmation number to the vessel's master by the most rapid 
electronic means available. The Dissostichus catch document will 
receive a confirmation number from the Flag State, only when it is 
convinced that the information submitted by the vessel fully satisfies 
the provisions of this conservation measure.
    A4. The master shall enter the Flag State confirmation number on 
the Dissostichus catch document form.
    A5. The master of a vessel that has been issued a Dissostichus 
catch document form or forms shall adhere to the following procedures 
immediately after each landing or transhipment of Dissostichus spp.:
    (i) In the case of a transhipment, the master shall confirm the 
transhipment obtaining the signature on the Dissostichus catch document 
of the master of the vessel to which the catch is being transferred;
    (ii) In the case of a landing, the master or authorised 
representative shall confirm the landing by obtaining a signed and 
stamped certification on the Dissostichus catch document by a 
responsible official of the Port State of landing or free trade zone 
who is acting under the direction of either the customs or fisheries 
authority of the Port State and is competent with regard to the 
validation of Dissostichus catch documents;
    (iii) In the case of a landing, the master or authorised 
representative shall also obtain the signature on the Dissostichus 
catch document of the individual that receives the catch at the port of 
landing or free trade zone;
    (iv) In the event that the catch is divided upon landing, the 
master or authorised representative shall present a copy of the 
Dissostichus catch document to each individual that receives a part of 
the catch at the port of landing or free trade zone, record on that 
copy of the catch document the amount and origin of the catch received 
by that individual and obtain the signature of that individual.
    A6. In respect of each landing or transhipment, the master or 
authorised representative shall immediately sign and convey by the most 
rapid electronic means available a copy, or, if the catch landed was 
divided, copies, of the signed Dissostichus catch document to the Flag 
State of the vessel and shall provide a copy of the relevant document 
to each recipient of the catch.
    A7. The Flag State of the vessel shall immediately convey by the 
most rapid electronic means available a copy or, if the catch was 
divided, copies, of the signed Dissostichus catch document to the 
CCAMLR Secretariat to be made available by the next working day to all 
Contracting Parties.
    A8. The master or authorised representative shall retain the 
original copies of the signed Dissostichus catch document(s) and return 
them to the Flag State no later than one month after the end of the 
fishing season.
    A9. The master of a vessel to which catch has been transhipped 
(receiving vessel) shall adhere to the following procedures immediately 
after each landing of such catch in order to complete each Dissostichus 
catch document received from transhipping vessels:
    (i) The master of the receiving vessel shall confirm the landing by 
obtaining a signed and stamped certification on the Dissostichus catch 
document by a responsible official of the Port State of landing or free 
trade zone who is acting under the direction of either the customs or 
fisheries authority of the Port State and is competent with regard to 
the validation of Dissostichus catch documents;
    (ii) The master of the receiving vessel shall also obtain the 
signature on the Dissostichus catch document of the individual that 
receives the catch at the port of landing or free trade;
    (iii) In the event that the catch is divided upon landing, the 
master of the receiving vessel shall present a copy of the Dissostichus 
catch document to each individual that receives a part of the catch at 
the port of landing or free trade zone, record on that copy of the 
catch document the amount and origin of the catch received by that 
individual and obtain the signature of that individual.
    A10. In respect of each landing of transhipped catch, the master or 
authorised representative of the receiving vessel shall immediately 
sign and convey by the most rapid electronic means available a copy of 
all the Dissostichus catch documents, or if the catch was divided, 
copies, of all the Dissostichus catch documents, to the Flag State(s) 
that issued the Dissostichus catch document, and shall provide a copy 
of the relevant document to each recipient of the catch. The Flag State 
of the receiving vessel shall immediately convey by the most rapid 
electronic means available a copy of the document to the CCAMLR 
Secretariat to be made available by the next working day to all 
Contracting Parties.
    A11. For each shipment of Dissostichus spp. to be exported from the 
country of landing, the exporter shall adhere to the following 
procedures to obtain the necessary export validation of the 
Dissostichus catch document(s) that account for all the Dissostichus 
spp. contained in the shipment:
    (i) The exporter shall enter on each Dissostichus catch document 
the amount of each Dissostichus spp. reported on the document that is 
contained in the shipment;
    (ii) The exporter shall enter on each Dissostichus catch document 
the name

[[Page 3779]]

and address of the importer of the shipment and the point of import;
    (iii) The exporter shall enter on each Dissostichus catch document 
the exporter's name and address, and shall sign the document;
    (iv) The exporter shall obtain a signed and stamped validation of 
the Dissostichus catch document by a responsible official of the 
exporting State.
    A12. In the case of re-export, the re-exporter shall adhere to the 
following procedures to obtain the necessary re-export validation of 
the Dissostichus catch document(s) that account for all the 
Dissostichus spp. contained in the shipment:
    (i) The re-exporter shall supply details of the net weight of 
product of all species to be re-exported, together with the 
Dissostichus catch document number to which each species and product 
relates;
    (ii) The re-exporter shall supply the name and address of the 
importer of the shipment, the point of import and the name and address 
of the exporter;
    (iii) The re-exporter shall obtain a signed and stamped validation 
of the above details by the responsible official of the exporting State 
on the accuracy of information contained in the document(s);
    (iv) The responsible official of the exporting state shall 
immediately transmit by the most rapid electronic means a copy of the 
re-export document to the Secretariat to be made available next working 
day to all Contracting Parties.
    The standard form for re-export is attached to this annex.

    \1\ Excluding by-catches of Dissostichus spp. by trawlers 
fishing on the high seas outside the Convention Area. A by-catch 
shall be defined as no more than 5% of total catch of all species 
and no more than 50 tonnes for an entire fishing trip by a vessel.

Dissostichus Catch Document V 1.4

Document Number Flag State Confirmation Number

Production Section

1. Issuing Authority of Document
    Name Address Tel:
    Fax:
2. Fishing Vessel Name Home Port & Registration Number Call Sign 
IMO/Lloyd's Number (if issued)
3. Licence Number (if issued) Fishing dates for catch under this 
document
4. From:
5. To:
6. Description of Fish (Landed/Transhipped)
7. Description of Fish Sold
    Species Type Estimated
    Weight to be Landed (kg)
    Area Caught*
    Verified Weight Landed (kg)
    Net Weight Sold (kg)
    Recipient name, address, telephone, fax and signature.
    Recipient Name:
    Signature:
    Address:
    Tel:
    Fax:
    Species: TOP Dissostichus eleginoides, TOA Dissostichus mawsoni
    Type: WHO Whole; HAG Headed and gutted; HAT Headed and tailed; 
FLT Fillet; HGT Headed, gutted, tailed; OTH Other (specify)
    8. Landing/Transhipment Information: I certify that the above 
information is complete, true and correct. If any Dissostichus spp. 
was taken in the Convention Area, I certify that it was taken in a 
manner which is consistent with CCAMLR conservation measures:
    Master of Fishing Vessel or Authorised Representative (print in 
block letters)
    Signature and Date Landing/Transhipment
    Port and Country/Area
    Date of Landing/Transhipment
    9. Certificate of Transhipments: I certify that the above 
information is complete, true and correct to the best of my 
knowledge. Master of Receiving Vessel Signature Vessel Name Call 
Sign IMO/Lloyds Number (if issued)
    Transhipment within a Port Area: countersignature by Port 
Authority if appropriate.
    Name Authority Signature Seal (Stamp)
    10. Certificate of Landing: I certify that the above information 
is complete, true and correct to the best of my knowledge.
    Name Authority Signature Address Tel. Port of Landing Date of 
Landing Seal (Stamp)
    11. Export Section 12. Exporter Declaration: I certify that the 
above information is complete, true and correct Description of Fish 
to the best of my knowledge.
    Species Product
    Type
    Net Weight Name Address Signature Export Licence (if issued)
    13. Export Government Authority Validation: I certify that the 
above information is complete, true and correct to the best of my 
knowledge.
    Name/Title Signature Date Seal (Stamp)
    Country of export Export reference number
    14. Import Section
    Name of Importer Address
    Point of Unlading: City State/Province Country
    *Report FAO Statistical Area/Subarea/Division where catch was 
taken and indicate whether the catch was taken on the high seas or 
within an EEZ.

Dissostichus Re-Export Document V1.1

Re-Export Section Re-Exporting Country

    1. Description of Fish
    Species Type of Product Net Weight
    Exported (kg)
    Dissostichus Catch Document
    Number Attached
    Species: TOP Dissostichus eleginoides, TOA Dissostichus mawsoni
    Type: WHO Whole; HAG Headed and gutted; HAT Headed and tailed; 
FLT Fillet; HGT Headed, gutted, tailed; OTH Other (specify)
    2. Re-Exporter Certification: I certify that the above 
information is complete, true and correct to the best of my 
knowledge and that the above product comes from product certified by 
the attached Dissostichus Catch Document(s).
    Name Address Signature Date Export Licence (if issued)
    3. Re-Export Government Authority Validation: I certify that the 
above information is complete, true, and correct to the best of my 
knowledge.
    Name/Title Signature Date Seal (Stamp)
    4. Import Section
    Name of Importer Address
    Point of Unlading: City State/Province Country

Annex 10-05/B

The Use of the CDS Fund

    B1. The purpose of the CDS Fund (`the Fund') is to enhance the 
capacity of the Commission in improving the effectiveness of the CDS 
and by this, and other means, to prevent, deter and eliminate IUU 
fishing in the Convention Area.
    B2. The Fund will be operated according to the following 
provisions:
    (i) The Fund shall be used for special projects, or special needs 
of the Secretariat if the Commission so decides, aimed at assisting the 
development and improving the effectiveness of the CDS. The Fund may 
also be used for special projects and other activities contributing to 
the prevention, deterrence and elimination of IUU fishing in the 
Convention Area, and for other such purposes as the Commission may 
decide.
    (ii) The Fund shall be used primarily for projects conducted by the 
Secretariat, although the participation of Members in these projects is 
not precluded. While individual Member projects may be considered, this 
shall not replace the normal responsibilities of Members of the 
Commission. The Fund shall not be used for routine Secretariat 
activities.
    (iii) Proposals for special projects may be made by Members, by the 
Commission or the Scientific Committee and their subsidiary bodies, or 
by the Secretariat. Proposals shall be made to the Commission in 
writing and be accompanied by an explanation of the proposal and an 
itemised statement of estimated expenditure.
    (iv) The Commission will, at each annual meeting, designate six 
Members to serve on a Review Panel to review proposals made 
intersessionally and to make recommendations to the Commission on 
whether to fund special projects or special needs. The Review Panel 
will operate by email

[[Page 3780]]

intersessionally and meet during the first week of the Commission's 
annual meeting.
    (v) The Commission shall review all proposals and decide on 
appropriate projects and funding as a standing agenda item at its 
annual meeting.
    (vi) The Fund may be used to assist Acceding States and non-
Contracting Parties that wish to cooperate with CCAMLR and participate 
in the CDS, so long as this use is consistent with provisions (i) and 
(ii) above. Acceding States and non-Contracting Parties may submit 
proposals if the proposals are sponsored by, or in cooperation with, a 
Member.
    (vii) The Financial Regulations of the Commission shall apply to 
the Fund, except in so far as these provisions provide or the 
Commission decides otherwise.
    (viii) The Secretariat shall report to the annual meeting of the 
Commission on the activities of the Fund, including its income and 
expenditure. Annexed to the report shall be reports on the progress of 
each project being funded by the Fund, including details of the 
expenditure on each project. The report will be circulated to Members 
in advance of the annual meeting.
    (ix) Where an individual Member project is being funded according 
to provision (ii), that Member shall provide an annual report on the 
progress of the project, including details of the expenditure on the 
project. The report shall be submitted to the Secretariat in sufficient 
time to be circulated to Members in advance of the annual meeting. When 
the project is completed, that Member shall provide a final statement 
of account certified by an auditor acceptable to the Commission.
    (x) The Commission shall review all ongoing projects at its annual 
meeting as a standing agenda item and reserves the right, after notice, 
to cancel a project at any time should it decide that it is necessary. 
Such a decision shall be exceptional, and shall take into account 
progress made to date and likely progress in the future, and shall in 
any case be preceded by an invitation from the Commission to the 
project coordinator to present a case for continuation of funding.
    (xi) The Commission may modify these provisions at any time.

Conservation Measure 10-06 (2004)

Scheme To Promote Compliance by Contracting Party Vessels With CCAMLR 
Conservation Measures
Species all
Area all
Season all
Gear all

    The Commission,
    Convinced that illegal, unregulated and unreported (IUU) fishing 
compromises the primary objectives of the Convention,
    Aware that a significant number of vessels registered to Parties 
and non-Parties are engaged in fishing operations in the Convention 
Area in a manner which diminishes the effectiveness of CCAMLR 
conservation measures,
    Recalling that Parties are required to cooperate in taking 
appropriate action to deter any fishing activities which are not 
consistent with the objective of the Convention,
    Resolved to reinforce its integrated administrative and political 
measures aimed at eliminating IUU fishing in the Convention Area,
    Hereby adopts the following conservation measure in accordance with 
Article IX.2(i) of the Convention:
    1. At each annual meeting, the Commission will identify those 
Contracting Parties whose vessels have engaged in fishing activities in 
the Convention Area in a manner which has diminished the effectiveness 
of CCAMLR conservation measures in force, and shall establish a list of 
such vessels (IUU Vessel List), in accordance with the procedures and 
criteria set out hereafter.
    2. This identification shall be documented, inter alia, on reports 
relating to the application of Conservation Measure 10-03, trade 
information obtained on the basis of the implementation of Conservation 
Measure 10-05 and relevant trade statistics such as FAO and other 
national or international verifiable statistics, as well as any other 
information obtained from Port States and/or gathered from the fishing 
grounds which is suitably documented.
    3. Where a Contracting Party obtains information that vessels 
flying the flag of another Contracting Party have engaged in activities 
set out in paragraph 5, it shall submit a report containing this 
information, within 30 days of having become aware of it, to the 
Executive Secretary and the Contracting Party concerned. Contracting 
Parties shall indicate that the information is provided for the 
purposes of Conservation Measure 10-06.
    4. For the purposes of this conservation measure, the Contracting 
Parties are considered as having carried out fishing activities that 
have diminished the effectiveness of the conservation measures adopted 
by the Commission if:
    (i) The Parties do not ensure compliance by their vessels with the 
conservation measures adopted by the Commission and in force, in 
respect of the fisheries in which they participate that are placed 
under the competence of CCAMLR;
    (ii) Their vessels are repeatedly included in the IUU Vessel List.
    5. In order to establish the IUU Vessel List, evidence, gathered in 
accordance with paragraphs 2 and 3, shall be required that vessels 
flying the flag of the Contracting Party concerned have:
    (i) Engaged in fishing activities in the CCAMLR Convention Area 
without a licence issued in accordance with Conservation Measure 10-02, 
or in violation of the conditions under which such licence would have 
been issued in relation to authorised areas, species and time periods; 
or
    (ii) Did not record or did not declare their catches made in the 
CCAMLR Convention Area in accordance with the reporting system 
applicable to the fisheries they engaged in, or made false 
declarations; or
    (iii) Fished during closed fishing periods or in closed areas in 
contravention of CCAMLR conservation measures; or
    (iv) Used prohibited gear in contravention of applicable CCAMLR 
conservation measures; or
    (v) Transhipped or participated in joint fishing operations with, 
supported or re-supplied other vessels identified by CCAMLR as carrying 
out IUU fishing activities (i.e. on the IUU Vessel List or in 
Conservation Measure 10-07); or
    (vi) Engaged in fishing activities in a manner that undermines the 
attainment of the objectives of the Con