Antarctic Marine Living Resources Convention Act of 1984; Conservation and Management Measures, 19054-19057 [05-7313]
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19054
Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices
are to respond, through use, as
appropriate, of automated, electronic,
mechanical, and other collection
technologies; e.g., permitting electronic
submission of responses.
Estimate of burden: The public
reporting burden for this collection of
information is estimated to average
0.13575 hours per response.
Respondents: U.S. importers,
exporters, and reexporters of
endangered species of terrestrial plants.
Estimated annual number of
respondents: 8,197.
Estimated annual number of
responses per respondent: 4.4647.
Estimated annual number of
responses: 36,597.
Estimated total annual burden on
respondents: 4,968 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 6th day of
April 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E5–1682 Filed 4–11–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Forest Service
Siskiyou County Resource Advisory
Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
SUMMARY: The Siskiyou County
Resource Advisory Committee will meet
in Yreka, California, April 18, 2005. The
meeting will include routine business, a
discussion of larger scale projects, and
the review and recommendation for
implementation of submitted project
proposals.
The meeting will be held April
18, 2005, from 4 p.m. until 7 p.m.
ADDRESSES: The meeting will be held at
the Yreka High School Library, Preece
Way, Yreka, California.
FOR FURTHER INFORMATION CONTACT: Bob
Talley, RAC Coordinator, Klamath
National Forest, (530) 841–4423 or
electronically at rtalley@fs.fed.us.
SUPPLEMENTARY INFORMATION: The
meeting is open to the public. Public
comment opportunity will be provided
and individuals will have the
DATES:
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opportunity to address the Committee at
that time.
Dated: April 5, 2005.
Margaret J. Boland,
Designated Federal Official.
[FR Doc. 05–7280 Filed 4–11–05; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF COMMERCE
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686). The panel review in this
matter was requested and stayed
pursuant to these Rules.
Dated: April 4, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E5–1667 Filed 4–11–05; 8:45 am]
International Trade Administration
BILLING CODE 3510–GT–P
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Reviews: Notice of Stay of Panel
Review
DEPARTMENT OF COMMERCE
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of Stay of the
determination under section 129(a)(4) of
the Uruguay Round Agreements Act
made by the International Trade
Commission, respecting softwood
lumber products from Canada
(Secretariat File No. USA–CDA–2005–
1904–03).
AGENCY:
Pursuant to the Notice of
Consent Motion to Stay Panel
Proceedings by the complainants, the
panel review is stayed pending the
outcome of the ongoing Extraordinary
Challenge Committee proceeding. A
panel has not been appointed to this
panel review. Pursuant to Rule 83(1) of
the Rules of Procedure for Article 1904
Binational Panel Review, this panel
review is stayed as of March 22, 2005.
FOR FURTHER INFORMATION CONTACT:
Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite
2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the North American Free-Trade
Agreement (‘‘Agreement’’) establishes a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms with the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada and
the Government of Mexico established
SUMMARY:
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National Oceanic and Atmospheric
Administration
[I.D. 032105A]
Antarctic Marine Living Resources
Convention Act of 1984; Conservation
and Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: NMFS issues this notice to
notify the public that the United States
has accepted conservation and
management measures pertaining to
fishing in Antarctic waters managed by
the Commission for the Conservation of
Antarctic Marine Living Resources
(Commission or CCAMLR). The
Commission adopted these measures at
its twenty-third meeting in Hobart,
Tasmania, October 25 to November 5,
2004. The measures have been agreed
upon by the Member countries of
CCAMLR, including the United
States,in accordance with Article IX of
the Convention for the Conservation of
Antarctic Marine Living Resources (the
Convention). The accepted conservation
and management measures: restrict
overall catches and bycatch of certain
species of fish, krill and crab; limit
participation in several exploratory
fisheries; restrict fishing in certain areas
and to certain gear types; set fishing
seasons; require the use of a centralized
Vessel Monitoring System (C-VMS); and
urge the Members of CCAMLR as a
matter of priority to adopt and use the
electronic Dissostichus catch document.
The Commission also adopted a number
of non-binding resolutions urging action
by Commission Members and
Contracting Parties.
ADDRESSES: Copies of the CCAMLR
conservation and management measures
may be obtained from the Assistant
Administrator for Fisheries, NOAA,
National Marine Fisheries Service, 1315
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East-West Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT:
Robin Tuttle, 301–713–2282.
SUPPLEMENTARY INFORMATION:
Background
Individuals interested in CCAMLR
and the Convention Area should see the
U.S. Department of State’s January
26,2005 Federal Register notice (70 FR
3772) and 50 CFR part 300, subpart G
- Antarctic Marine Living Resources.
The conservation and management
measures and resolutions adopted at the
twenty-third meeting of CCAMLR:
restrict overall catches and bycatch of
certain species of fish, krill and crab;
limit participation in several
exploratory fisheries; restrict fishing in
certain areas and to certain gear types;
set fishing seasons; require the use of a
C-VMS; and urge the Members of
CCAMLR as a matter of priority to adopt
and use the electronic Dissostichus
catch document. The Commission also
adopted a number of non-binding
resolutions urging action by
Commission Members and Contracting
Parties.
The full text of the measures and
resolutions were included in a notice
published in the Federal Register on
January 26, 2005 (70 FR 3772) by the
Department of State. Public comments
were invited on the notice, but no
public comments were received.
Through this action, NMFS notifies the
public that the United States has
accepted the measures adopted at
CCAMLR’s twenty-third meeting, and
that pursuant to the Convention and 16
U.S.C. 2434 et seq., these measures are
in effect. NMFS provides the following
summary of the conservation and
management measures as a courtesy.
Compliance
The Commission adopted a
conservation measure requiring
additional details on every vessel a
member country licenses to fish in the
Convention Area, including: the name
of the fishing vessel (any previous
names, if known); registration number;
vessel’s International Maritime
Organization (IMO) number, if issued;
external markings and port registry; the
nature of the authorization to fish
granted by the Flag State, specifying
time periods authorized for fishing;
areas of fishing; species targeted; gear
used; previous flag, if any; international
radio call sign; the name and address of
the vessel’s owner(s) and any beneficial
owner(s), if known; name and address of
license owner, if different from vessel
owner; type of vessel; where and when
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built; length; three color photographs of
the vessel; and where applicable, details
of the implementation of the tamperproof requirements on the satellitelinked vessel monitoring device.
The Commission requested, to the
extent practicable, the following
additional information for vessels
notified for fishing in exploratory
fisheries: name and address of operator,
if different from vessel owner; name and
nationality of master and, where
relevant, of fishing master; type of
fishing method or method; beam in
meters; gross registered tonnage; vessel
communication types and numbers;
normal crew complement; power of
main engine or engines in kilowatts;
carrying capacity in tons; number of fish
holds and their capacity in cubic
meters; and any other information in
respect of each licensed vessel
considered appropriate (e.g., ice
classification) for the purposes of the
implementation of the conservation
measure.
The requirements for the information
specified in the two vessel information
measures will not enter into force until
August 1, 2005. A list of licensed
vessels will be placed on the CCAMLR
website at www.ccamlr.org. NMFS
proposes to require all of this
information through a future
amendment to the reporting
requirements on the Antarctic Marine
Living Resources harvesting permit
application.
Based upon the results of a trial-run
of a C-VMS conducted by the CCAMLR
Secretariat during the 2003/2004 fishing
season, the Commission revised the
requirements for its vessel monitoring
system (VMS) and adopted a
conservation measure to implement CVMS. This conservation measure
requires a vessel fishing in CCAMLR
managed waters to use a VMS that
automatically transmits the vessel’s
position at least every four hours to a
land-based fisheries monitoring center
of its Flag State. Each Contracting Party
to the Convention must forward the
VMS reports and messages received to
the CCAMLR Secretariat as soon as
possible, but not later than four hours
after receipt for exploratory longline
fisheries or following departure from the
Convention Area for all other fisheries.
The conservation measure requires the
CCAMLR Secretariat to place a list of
vessels submitting VMS reports on a
password-protected section of the
CCAMLR website. The list will be
divided into subareas and divisions,
without indicating the exact position of
vessels. The conservation measure also
requires the CCAMLR Secretariat to
transmit VMS data and reports using
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secure Internet protocols Secure Socket
Layer (SSL), Data Encryption Standard
(DES) or verified certificates obtained
from the Secretariat. These protocols are
similar to those in use by the North
Atlantic Fisheries Organization (NAFO).
The United States informed CCAMLR
that although the new conservation
measure only requires C-VMS reporting
in the CCAMLR Convention Area, the
United States will continue to require
its flagged vessels to have on board a
VMS unit which transmits the vessel’s
position from port to port every four
hours. The United States will also
require, as a condition of import, that
vessels of other flagging States seeking
to import toothfish into the United
States have on board a VMS unit which
transmits the vessel’s position from port
to port every four hours.
The Commission adopted
amendments to its conservation
measures delineating a process for the
listing of vessels suspected of illegal,
unregulated or unreported (IUU) fishing
or trading (the IUU Vessel List). The
Commission will require additional
detail on any vessel proposed by a
Member for inclusion on the CCAMLR
IUU Vessel List including previous
names, flags, owners, and operators and
a summary of activities that justify
inclusion of the vessel on the list. All
CCAMLR members are urged to prohibit
trade with the vessels on the CCAMLR
IUU Vessel List. NMFS may implement
a prohibition on the importation of
toothfish harvested by vessels identified
on the CCAMLR IUU Vessel List in a
future rulemaking.
Vessel Safety
The Commission adopted a resolution
urging Members to promote the safety of
all those on board vessels fishing in the
Convention Area by assuring that
fishing crews and scientific observers
receive survival training and are
provided with appropriate and well
maintained equipment and clothing.
Exploratory Fisheries
The Commission revised its
conservation measure on exploratory
fisheries to require specific and detailed
information on the vessels that are
notified for participation in exploratory
fisheries. A vessel on the IUU Vessel
List established by the Commission will
not be permitted to participate in
exploratory fisheries.
Data Reporting
The Commission revised its
conservation measure requiring that 5day catch and effort reports reach the
CCAMLR Secretariat not later than two
working days after the end of the
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reporting period for exploratory
fisheries to apply to all other fisheries
reporting under the 5-day catch and
effort system. The conservation measure
also permits Contracting Parties to
authorize its vessels to report directly to
the Secretariat. The Commission noted
in a report of its meeting its agreement
that monthly catches in krill fisheries
should continue to be reported using the
format and deadline specified in the
monthly catch and effort reporting
system.
Catch Documentation Scheme (CDS)
The Commission adopted a resolution
noting the successful completion of the
electronic toothfish document trial and
urging CCAMLR Contracting and NonContracting Parties to adopt the
electronic format as a matter of priority.
The United States indicated its
intention, through future rulemaking, to
require that all imports of toothfish into
the United States be documented using
the electronic format.
Incidental Mortality Associated with
Fishing
The Commission endorsed the
Scientific Committee’s
recommendations for a protocol for
testing integrated weighted longlines in
new and exploratory fisheries and
revised the seabird mitigation
conservation measures to require use of
the protocol. The protocol was required
in Subareas 88.1 and 88.2 during the
2003/2004 season as a part of an
experimental trial. Under the revised
conservation measure, fishers
employing the protocol to test the sink
rate of their longlines are now allowed
to set lines in Subareas 48.6, 88.1 and
88.2 Divisions 58.4.1, 58.4.2, 58.4.3a,
58.4.3b and 58.5.2 during daylight
hours. Lines sinking at the rate specified
in the protocol lessen the time during
which bait on the lines is visible and
attractive to seabirds. Fishers not
employing the protocol are restricted to
night setting to minimize seabird
interaction. NMFS may propose to
amend its regulations to allow the use
of the protocol for using integrated
weighted longlines and to restrict
fishers choosing not to use the protocol
to night settings in future rulemaking.
The Commission confirmed that all
seabird bycatch limits set in
conservation measures include both the
count of dead seabirds and those injured
but released alive.
The Commission agreed with the
recommendation of its Working Group
on the Incidental Mortality Associated
with Fishing that ‘‘offal’’ be defined to
include discarded bait and discarded
fish bycatch.
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The Commission adopted a resolution
inviting the Inter-American Tropical
Tuna Commission, the International
Commission for the Conservation of
Atlantic Tunas, The South East Atlantic
Fisheries Organisation, the Indian
Ocean Tuna Commission, the
Commission for the Conservation of
Southern Bluefin Tunas, the Agreement
on the Organization of the Permanent
Commission on the Exploitation and
Conservation of the Marine Resources of
the South Pacific, the Southwest Indian
Ocean Fisheries Commission, the
Commission for Highly Migratory
Species in the Central and Western
Pacific, and the Western Indian Ocean
Tuna to implement or develop
mechanisms to require the collection,
reporting and dissemination of data on
incidental mortality of seabirds.
CCAMLR Members who are also
members of these Regional Fishery
Management Organizations (RFMO)are
urged to raise issues of seabird mortality
within those organizations. The
resolution also urges Flag States
conducting longline and other fishing
outside the CCAMLR Convention Area
which incidentally take seabirds that
breed inside the Convention Area in
areas where such mechanisms requiring
the collection, reporting and
dissemination of data on incidental
mortality of seabirds are unavailable or
where systematic reporting has not
commenced to provide the CCAMLR
Secretariat with summary data. Finally,
the resolution encourages Flag States
involved with new and developing
RFMOs to request that incidental
mortality of seabirds and other taxa is
adequately addressed and mitigated by
the RFMO.
The Scientific Committee
recommended several seal bycatch
mitigation measures to the Commission.
The Commission endorsed these
measures in its report but did not adopt
them as a conservation measure. The
mitigation measures were that: (1)
information on all seal excluder devices
be combined and circulated to CCAMLR
member countries and other interested
parties; (2) every vessel fishing for krill
employ a device for excluding seals or
facilitating their escape from the trawl
net; (3) observers on krill vessels be
required to collect reliable data on seal
entrapment and on the effectiveness of
mitigation devices; (4) all observers
complete data forms accurately,
consistently and comprehensively; and
(5) the United Kingdom be requested to
submit their observer data to the
CCAMLR Secretariat. In a future
rulemaking, NMFS will propose a
requirement that all krill trawl vessels
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fishing in the Convention Area use a
seal excluder device.
Protected Areas
The Commission revised the
conservation measure requirements for
information to be detailed on maps
appended to management plans for
CCAMLR Ecosystem Monitoring
Program (CEMP) sites. The Commission
amended the background information in
the annexes to the conservation
measures for the protection the Cape
Shirreff and Seal Islands CEMP sites.
The amendments were made to reflect
the extent and development of human
activities in the early 1880s.
Prohibitions on Directed Fishing
The Commission revised the
conservation measure prohibiting
directed fishing for Dissostichus species
to apply it from December 1, 2004, to
November 30, 2005, in Statistical
Subarea 48.5 and continued the
indefinite prohibitions on directed
fishing for Dissostichus species and
certain other finfish species in
conservation measures adopted at
earlier meetings.
The Commission, through a new
conservation measure, limited directed
fishing in the 2004/2005 season in
Division 58.5.2 to Dissostichus
eleginoides and Champsocephalus
gunnari and set bycatch limits for other
species.
Bycatch
The Commission, through a new
conservation measure, revised the
limitations on bycatch in new and
exploratory fisheries in Statistical
Division 58.5.2 for the 2004/2005
season.
The Commission, through a new
conservation measure, also revised the
bycatch limits in all new and
exploratory fisheries for the 2004/2005
season in all areas containing SSRUs
(Statistical Subareas 48.6, 88.1 and 88.2,
and Statistical Subdivisions 58.4.2,
58.4.3a, 58.4.3b) for all Macrourus,
skates and rays, and other species.
Dissostichus Species
The Commission extended the general
measures in its conservation measure
for exploratory fisheries for Dissostichus
species in the Convention Area to the
2004/2005 season. The Commission also
adopted area specific conservation
measures for Dissostichus species for
the 2004/2005 season.
The Commission set a catch limit of
3,050 tons for the longline fishery for D.
eleginoides in Subarea 48.3 in the 2004/
2005 season, set bycatch limits on other
species and indicated that any catch of
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crab in any pot fishery will count
against the catch limit for crab in
Subarea 48.
The Commission set a combined catch
limit of 2,787 tons of D. eleginoides in
Division 58.5.2 west of 79°20′ E from
December 1, 2004, to November 30,
2005, for trawl fishing and from May 1,
2005, to August 31, 2005, for longline
fishing.
The Commission designated several
Dissostichus fisheries as exploratory
fisheries for the 2004/2005 fishing
season. These fisheries are total
allowable catch fisheries and are open
only to the flagged vessels of countries
that notified CCAMLR of an interest by
named vessels to participate in the
fisheries.
The exploratory fisheries for
Dissostichus species authorized by the
Commission for the 2004/2005 fishing
season include the following: (1)
longline fishing in Statistical Division
58.4.1 by Chile, Republic of Korea, New
Zealand, Spain and Ukraine; (2)
longline fishing in Statistical Subarea
48.6 by Japan, Republic of Korea and
New Zealand; (3) longline fishing in
Statistical Division 58.4.2 by Chile,
Republic of Korea, New Zealand, Spain
and Ukraine; (4) longline fishing in
Statistical Division 58.4.3a (the Elan
Bank) outside areas under national
jurisdiction by Australia, Republic of
Korea and Spain; (5) longline fishing in
Statistical Division 58.4.3b (the
BANZARE Bank) outside areas of
national jurisdiction by Australia, Chile,
Japan, Republic of Korea and Spain; (6)
longline fishing in Statistical Subarea
88.1 by Argentina, Australia, New
Zealand, Norway, Russia, South Africa,
Spain, Ukraine, United Kingdom, and
Uruguay; and (7) longline fishing in
Statistical Subarea 88.2 by Argentina,
New Zealand, Norway and Russia.
Champsocephalus gunnari
The Commission adopted area
specific conservation measures for C.
gunnari for the 2004/2005 season.
The Commission set the overall catch
limit for the C. gunnari trawl fishery in
Subarea 48.3 for the 2004/2005 season
at 3,574 tons and continued previously
adopted restrictions on the fishery.
The Commission also set the catch
limit for C. gunnari trawl fishery within
defined areas of Division 58.5.2 for the
2004/2005 season at 1,864 tons and
continued previously adopted
restrictions on and reporting
requirements for the fishery.
Crab
The Commission adopted area
specific conservation measures for crab
species for the 2004/2005 season. The
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Commission set the total allowable
catch level for the pot fishery for crab
for the 2004/2005 fishing season at
1,600 tons and continued to limit
participation to one vessel per member
country conducted as an experimental
harvest regime.
Squid
The Commission also adopted area
specific conservation measures for squid
for the 2004/2005 season. The
Commission set the total allowable
catch limit for the exploratory jig fishery
for Martialia hyadesi for the 2004/2005
fishing season at 2,500 tons.
Krill
The Commission adopted area
specific conservation measures for krill
for the 2004/2005 season. The
Commission carried forward the
precautionary catch limits for krill in
Statistical Area 48 at 4.0 million tons
overall and, as divided by subareas, at
1.008 million tons in Subarea 48.1,
1.104 million tons in Subarea 48.2,
1.056 million tons in Subarea 48.3, and
0.832 million tons in Subarea 48.4.
Authority: 16 U.S.C. 2431 et seq.
Dated: April 7, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 05–7313 Filed 4–11–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket No. 001215353–5080–05]
Pan-Pacific Education and
Communications Experiments by
Satellite (PEACESAT): Closing Date
National Telecommunications
and Information Administration (NTIA),
Commerce.
ACTION: Notice of availability of funds.
AGENCY:
SUMMARY: Pursuant to the Consolidated
Appropriations Act 2005, the National
Telecommunications and Information
Administration (NTIA), U.S.
Department of Commerce, announces
the solicitation of applications for a
grant for the Pan-Pacific Education and
Communications Experiments by
Satellite (PEACESAT) Program. Projects
funded pursuant to this Notice are
intended to support the PEACESAT
Program’s acquisition of satellite
communications to service Pacific Basin
communities and to manage the
operations of this network. Applications
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19057
for the PEACESAT Program grant will
compete for funds from the Public
Broadcasting, Facilities, Planning and
Construction Funds account.
DATES: Applications must be received
on or before 5 p.m. Eastern Daylight
Saving Time, May 12, 2005.
Applications submitted by facsimile or
electronic means are not acceptable. If
an application is received after the
Closing Date due to (1) carrier error,
when the carrier accepted the package
with a guarantee for delivery by the
Closing Date and Time, or (2) significant
weather delays or natural disasters,
NTIA will, upon receipt of proper
documentation, consider the application
as having been received by the deadline.
NTIA will not accept applications
posted on the Closing Date or later and
received after the deadline.
ADDRESSES: To obtain a printed
application package, submit completed
applications, or send any other
correspondence, write to: NTIA/PTFP,
Room H–4625, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
William Cooperman, Director, Public
Broadcasting Division, telephone: (202)
482–5802; fax: (202) 482–2156.
SUPPLEMENTARY INFORMATION:
Electronic Access
The full funding opportunity
announcement for the PEACESAT
Fiscal Year (FY) 2005 grant cycle is
available through https://
www.Grants.gov or by contacting the
PTFP office at the address noted above.
Application materials may be obtained
electronically via the Internet (https://
www.ntia.doc.gov/otiahome/
peacesat.html).
Funding Availability
The Congress has appropriated $19.8
million for FY 2005 Public
Telecommunications Facilities Program
(PTFP) and PEACESAT awards. Of this
amount, NTIA anticipates making a
single award for approximately
$500,000 for the PEACESAT Program in
FY 2005. For FY 2004, NTIA issued one
award for the PEACESAT project in the
amount of $493,130.
Statutory and Regulatory Authority
Funding for the PEACESAT Program
is provided pursuant to Public Law
108–447, ‘‘The Consolidated
Appropriations Act, 2005’’ and Public
Law 106–113, ‘‘The Consolidated
Appropriations Act, Fiscal Year 2000.’’
Public Law 106–113 provides ‘‘That,
hereafter, notwithstanding any other
provision of law, the Pan-Pacific
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]]>Agencies
[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Notices]
[Pages 19054-19057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7313]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 032105A]
Antarctic Marine Living Resources Convention Act of 1984;
Conservation and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this notice to notify the public that the United
States has accepted conservation and management measures pertaining to
fishing in Antarctic waters managed by the Commission for the
Conservation of Antarctic Marine Living Resources (Commission or
CCAMLR). The Commission adopted these measures at its twenty-third
meeting in Hobart, Tasmania, October 25 to November 5, 2004. The
measures have been agreed upon by the Member countries of CCAMLR,
including the United States,in accordance with Article IX of the
Convention for the Conservation of Antarctic Marine Living Resources
(the Convention). The accepted conservation and management measures:
restrict overall catches and bycatch of certain species of fish, krill
and crab; limit participation in several exploratory fisheries;
restrict fishing in certain areas and to certain gear types; set
fishing seasons; require the use of a centralized Vessel Monitoring
System (C-VMS); and urge the Members of CCAMLR as a matter of priority
to adopt and use the electronic Dissostichus catch document. The
Commission also adopted a number of non-binding resolutions urging
action by Commission Members and Contracting Parties.
ADDRESSES: Copies of the CCAMLR conservation and management measures
may be obtained from the Assistant Administrator for Fisheries, NOAA,
National Marine Fisheries Service, 1315
[[Page 19055]]
East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Robin Tuttle, 301-713-2282.
SUPPLEMENTARY INFORMATION:
Background
Individuals interested in CCAMLR and the Convention Area should see
the U.S. Department of State's January 26,2005 Federal Register notice
(70 FR 3772) and 50 CFR part 300, subpart G - Antarctic Marine Living
Resources.
The conservation and management measures and resolutions adopted at
the twenty-third meeting of CCAMLR: restrict overall catches and
bycatch of certain species of fish, krill and crab; limit participation
in several exploratory fisheries; restrict fishing in certain areas and
to certain gear types; set fishing seasons; require the use of a C-VMS;
and urge the Members of CCAMLR as a matter of priority to adopt and use
the electronic Dissostichus catch document. The Commission also adopted
a number of non-binding resolutions urging action by Commission Members
and Contracting Parties.
The full text of the measures and resolutions were included in a
notice published in the Federal Register on January 26, 2005 (70 FR
3772) by the Department of State. Public comments were invited on the
notice, but no public comments were received. Through this action, NMFS
notifies the public that the United States has accepted the measures
adopted at CCAMLR's twenty-third meeting, and that pursuant to the
Convention and 16 U.S.C. 2434 et seq., these measures are in effect.
NMFS provides the following summary of the conservation and management
measures as a courtesy.
Compliance
The Commission adopted a conservation measure requiring additional
details on every vessel a member country licenses to fish in the
Convention Area, including: the name of the fishing vessel (any
previous names, if known); registration number; vessel's International
Maritime Organization (IMO) number, if issued; external markings and
port registry; the nature of the authorization to fish granted by the
Flag State, specifying time periods authorized for fishing; areas of
fishing; species targeted; gear used; previous flag, if any;
international radio call sign; the name and address of the vessel's
owner(s) and any beneficial owner(s), if known; name and address of
license owner, if different from vessel owner; type of vessel; where
and when built; length; three color photographs of the vessel; and
where applicable, details of the implementation of the tamper-proof
requirements on the satellite-linked vessel monitoring device.
The Commission requested, to the extent practicable, the following
additional information for vessels notified for fishing in exploratory
fisheries: name and address of operator, if different from vessel
owner; name and nationality of master and, where relevant, of fishing
master; type of fishing method or method; beam in meters; gross
registered tonnage; vessel communication types and numbers; normal crew
complement; power of main engine or engines in kilowatts; carrying
capacity in tons; number of fish holds and their capacity in cubic
meters; and any other information in respect of each licensed vessel
considered appropriate (e.g., ice classification) for the purposes of
the implementation of the conservation measure.
The requirements for the information specified in the two vessel
information measures will not enter into force until August 1, 2005. A
list of licensed vessels will be placed on the CCAMLR website at
www.ccamlr.org. NMFS proposes to require all of this information
through a future amendment to the reporting requirements on the
Antarctic Marine Living Resources harvesting permit application.
Based upon the results of a trial-run of a C-VMS conducted by the
CCAMLR Secretariat during the 2003/2004 fishing season, the Commission
revised the requirements for its vessel monitoring system (VMS) and
adopted a conservation measure to implement C-VMS. This conservation
measure requires a vessel fishing in CCAMLR managed waters to use a VMS
that automatically transmits the vessel's position at least every four
hours to a land-based fisheries monitoring center of its Flag State.
Each Contracting Party to the Convention must forward the VMS reports
and messages received to the CCAMLR Secretariat as soon as possible,
but not later than four hours after receipt for exploratory longline
fisheries or following departure from the Convention Area for all other
fisheries. The conservation measure requires the CCAMLR Secretariat to
place a list of vessels submitting VMS reports on a password-protected
section of the CCAMLR website. The list will be divided into subareas
and divisions, without indicating the exact position of vessels. The
conservation measure also requires the CCAMLR Secretariat to transmit
VMS data and reports using secure Internet protocols Secure Socket
Layer (SSL), Data Encryption Standard (DES) or verified certificates
obtained from the Secretariat. These protocols are similar to those in
use by the North Atlantic Fisheries Organization (NAFO). The United
States informed CCAMLR that although the new conservation measure only
requires C-VMS reporting in the CCAMLR Convention Area, the United
States will continue to require its flagged vessels to have on board a
VMS unit which transmits the vessel's position from port to port every
four hours. The United States will also require, as a condition of
import, that vessels of other flagging States seeking to import
toothfish into the United States have on board a VMS unit which
transmits the vessel's position from port to port every four hours.
The Commission adopted amendments to its conservation measures
delineating a process for the listing of vessels suspected of illegal,
unregulated or unreported (IUU) fishing or trading (the IUU Vessel
List). The Commission will require additional detail on any vessel
proposed by a Member for inclusion on the CCAMLR IUU Vessel List
including previous names, flags, owners, and operators and a summary of
activities that justify inclusion of the vessel on the list. All CCAMLR
members are urged to prohibit trade with the vessels on the CCAMLR IUU
Vessel List. NMFS may implement a prohibition on the importation of
toothfish harvested by vessels identified on the CCAMLR IUU Vessel List
in a future rulemaking.
Vessel Safety
The Commission adopted a resolution urging Members to promote the
safety of all those on board vessels fishing in the Convention Area by
assuring that fishing crews and scientific observers receive survival
training and are provided with appropriate and well maintained
equipment and clothing.
Exploratory Fisheries
The Commission revised its conservation measure on exploratory
fisheries to require specific and detailed information on the vessels
that are notified for participation in exploratory fisheries. A vessel
on the IUU Vessel List established by the Commission will not be
permitted to participate in exploratory fisheries.
Data Reporting
The Commission revised its conservation measure requiring that 5-
day catch and effort reports reach the CCAMLR Secretariat not later
than two working days after the end of the
[[Page 19056]]
reporting period for exploratory fisheries to apply to all other
fisheries reporting under the 5-day catch and effort system. The
conservation measure also permits Contracting Parties to authorize its
vessels to report directly to the Secretariat. The Commission noted in
a report of its meeting its agreement that monthly catches in krill
fisheries should continue to be reported using the format and deadline
specified in the monthly catch and effort reporting system.
Catch Documentation Scheme (CDS)
The Commission adopted a resolution noting the successful
completion of the electronic toothfish document trial and urging CCAMLR
Contracting and Non-Contracting Parties to adopt the electronic format
as a matter of priority. The United States indicated its intention,
through future rulemaking, to require that all imports of toothfish
into the United States be documented using the electronic format.
Incidental Mortality Associated with Fishing
The Commission endorsed the Scientific Committee's recommendations
for a protocol for testing integrated weighted longlines in new and
exploratory fisheries and revised the seabird mitigation conservation
measures to require use of the protocol. The protocol was required in
Subareas 88.1 and 88.2 during the 2003/2004 season as a part of an
experimental trial. Under the revised conservation measure, fishers
employing the protocol to test the sink rate of their longlines are now
allowed to set lines in Subareas 48.6, 88.1 and 88.2 Divisions 58.4.1,
58.4.2, 58.4.3a, 58.4.3b and 58.5.2 during daylight hours. Lines
sinking at the rate specified in the protocol lessen the time during
which bait on the lines is visible and attractive to seabirds. Fishers
not employing the protocol are restricted to night setting to minimize
seabird interaction. NMFS may propose to amend its regulations to allow
the use of the protocol for using integrated weighted longlines and to
restrict fishers choosing not to use the protocol to night settings in
future rulemaking.
The Commission confirmed that all seabird bycatch limits set in
conservation measures include both the count of dead seabirds and those
injured but released alive.
The Commission agreed with the recommendation of its Working Group
on the Incidental Mortality Associated with Fishing that ``offal'' be
defined to include discarded bait and discarded fish bycatch.
The Commission adopted a resolution inviting the Inter-American
Tropical Tuna Commission, the International Commission for the
Conservation of Atlantic Tunas, The South East Atlantic Fisheries
Organisation, the Indian Ocean Tuna Commission, the Commission for the
Conservation of Southern Bluefin Tunas, the Agreement on the
Organization of the Permanent Commission on the Exploitation and
Conservation of the Marine Resources of the South Pacific, the
Southwest Indian Ocean Fisheries Commission, the Commission for Highly
Migratory Species in the Central and Western Pacific, and the Western
Indian Ocean Tuna to implement or develop mechanisms to require the
collection, reporting and dissemination of data on incidental mortality
of seabirds. CCAMLR Members who are also members of these Regional
Fishery Management Organizations (RFMO)are urged to raise issues of
seabird mortality within those organizations. The resolution also urges
Flag States conducting longline and other fishing outside the CCAMLR
Convention Area which incidentally take seabirds that breed inside the
Convention Area in areas where such mechanisms requiring the
collection, reporting and dissemination of data on incidental mortality
of seabirds are unavailable or where systematic reporting has not
commenced to provide the CCAMLR Secretariat with summary data. Finally,
the resolution encourages Flag States involved with new and developing
RFMOs to request that incidental mortality of seabirds and other taxa
is adequately addressed and mitigated by the RFMO.
The Scientific Committee recommended several seal bycatch
mitigation measures to the Commission. The Commission endorsed these
measures in its report but did not adopt them as a conservation
measure. The mitigation measures were that: (1) information on all seal
excluder devices be combined and circulated to CCAMLR member countries
and other interested parties; (2) every vessel fishing for krill employ
a device for excluding seals or facilitating their escape from the
trawl net; (3) observers on krill vessels be required to collect
reliable data on seal entrapment and on the effectiveness of mitigation
devices; (4) all observers complete data forms accurately, consistently
and comprehensively; and (5) the United Kingdom be requested to submit
their observer data to the CCAMLR Secretariat. In a future rulemaking,
NMFS will propose a requirement that all krill trawl vessels fishing in
the Convention Area use a seal excluder device.
Protected Areas
The Commission revised the conservation measure requirements for
information to be detailed on maps appended to management plans for
CCAMLR Ecosystem Monitoring Program (CEMP) sites. The Commission
amended the background information in the annexes to the conservation
measures for the protection the Cape Shirreff and Seal Islands CEMP
sites. The amendments were made to reflect the extent and development
of human activities in the early 1880s.
Prohibitions on Directed Fishing
The Commission revised the conservation measure prohibiting
directed fishing for Dissostichus species to apply it from December 1,
2004, to November 30, 2005, in Statistical Subarea 48.5 and continued
the indefinite prohibitions on directed fishing for Dissostichus
species and certain other finfish species in conservation measures
adopted at earlier meetings.
The Commission, through a new conservation measure, limited
directed fishing in the 2004/2005 season in Division 58.5.2 to
Dissostichus eleginoides and Champsocephalus gunnari and set bycatch
limits for other species.
Bycatch
The Commission, through a new conservation measure, revised the
limitations on bycatch in new and exploratory fisheries in Statistical
Division 58.5.2 for the 2004/2005 season.
The Commission, through a new conservation measure, also revised
the bycatch limits in all new and exploratory fisheries for the 2004/
2005 season in all areas containing SSRUs (Statistical Subareas 48.6,
88.1 and 88.2, and Statistical Subdivisions 58.4.2, 58.4.3a, 58.4.3b)
for all Macrourus, skates and rays, and other species.
Dissostichus Species
The Commission extended the general measures in its conservation
measure for exploratory fisheries for Dissostichus species in the
Convention Area to the 2004/2005 season. The Commission also adopted
area specific conservation measures for Dissostichus species for the
2004/2005 season.
The Commission set a catch limit of 3,050 tons for the longline
fishery for D. eleginoides in Subarea 48.3 in the 2004/2005 season, set
bycatch limits on other species and indicated that any catch of
[[Page 19057]]
crab in any pot fishery will count against the catch limit for crab in
Subarea 48.
The Commission set a combined catch limit of 2,787 tons of D.
eleginoides in Division 58.5.2 west of 79[deg]20' E from December 1,
2004, to November 30, 2005, for trawl fishing and from May 1, 2005, to
August 31, 2005, for longline fishing.
The Commission designated several Dissostichus fisheries as
exploratory fisheries for the 2004/2005 fishing season. These fisheries
are total allowable catch fisheries and are open only to the flagged
vessels of countries that notified CCAMLR of an interest by named
vessels to participate in the fisheries.
The exploratory fisheries for Dissostichus species authorized by
the Commission for the 2004/2005 fishing season include the following:
(1) longline fishing in Statistical Division 58.4.1 by Chile, Republic
of Korea, New Zealand, Spain and Ukraine; (2) longline fishing in
Statistical Subarea 48.6 by Japan, Republic of Korea and New Zealand;
(3) longline fishing in Statistical Division 58.4.2 by Chile, Republic
of Korea, New Zealand, Spain and Ukraine; (4) longline fishing in
Statistical Division 58.4.3a (the Elan Bank) outside areas under
national jurisdiction by Australia, Republic of Korea and Spain; (5)
longline fishing in Statistical Division 58.4.3b (the BANZARE Bank)
outside areas of national jurisdiction by Australia, Chile, Japan,
Republic of Korea and Spain; (6) longline fishing in Statistical
Subarea 88.1 by Argentina, Australia, New Zealand, Norway, Russia,
South Africa, Spain, Ukraine, United Kingdom, and Uruguay; and (7)
longline fishing in Statistical Subarea 88.2 by Argentina, New Zealand,
Norway and Russia.
Champsocephalus gunnari
The Commission adopted area specific conservation measures for C.
gunnari for the 2004/2005 season.
The Commission set the overall catch limit for the C. gunnari trawl
fishery in Subarea 48.3 for the 2004/2005 season at 3,574 tons and
continued previously adopted restrictions on the fishery.
The Commission also set the catch limit for C. gunnari trawl
fishery within defined areas of Division 58.5.2 for the 2004/2005
season at 1,864 tons and continued previously adopted restrictions on
and reporting requirements for the fishery.
Crab
The Commission adopted area specific conservation measures for crab
species for the 2004/2005 season. The Commission set the total
allowable catch level for the pot fishery for crab for the 2004/2005
fishing season at 1,600 tons and continued to limit participation to
one vessel per member country conducted as an experimental harvest
regime.
Squid
The Commission also adopted area specific conservation measures for
squid for the 2004/2005 season. The Commission set the total allowable
catch limit for the exploratory jig fishery for Martialia hyadesi for
the 2004/2005 fishing season at 2,500 tons.
Krill
The Commission adopted area specific conservation measures for
krill for the 2004/2005 season. The Commission carried forward the
precautionary catch limits for krill in Statistical Area 48 at 4.0
million tons overall and, as divided by subareas, at 1.008 million tons
in Subarea 48.1, 1.104 million tons in Subarea 48.2, 1.056 million tons
in Subarea 48.3, and 0.832 million tons in Subarea 48.4.
Authority: 16 U.S.C. 2431 et seq.
Dated: April 7, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 05-7313 Filed 4-11-05; 8:45 am]
BILLING CODE 3510-22-S
