Office of Ocean Affairs; New Conservation and Management Measures and Resolutions for Antarctic Marine Living Resources Under the Auspices of CCAMLR, 4068-4146 [07-266]
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4068
Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Notices
DEPARTMENT OF STATE
[I.D. 121306C]
Office of Ocean Affairs; New
Conservation and Management
Measures and Resolutions for
Antarctic Marine Living Resources
Under the Auspices of CCAMLR
Office of Ocean Affairs,
Department of State.
ACTION: Notice.
AGENCY:
At its Twenty-Fifth Meeting
in Hobart, Tasmania, from October 23 to
November 3, 2006, the Commission for
the Conservation of Antarctic Marine
Living Resources (CCAMLR), of which
the United States is a member, adopted
conservation and management measures
and resolutions, 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-Fifth meeting of
CCAMLR. For all of the conservation
measures in force, see the CCAMLR
Web site at 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 28, 2007.
FOR FURTHER INFORMATION CONTACT: Dr.
Gustavo A. Bisbal, Office of Ocean
Affairs (OES/OA), Room 2665,
Department of State, Washington, DC
20520; tel: 202–647–6927; fax: 202–647–
1106; e-mail: bisbalga@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
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SUMMARY:
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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.
Review of existing conservation
measures and resolutions:
The Commission noted that the
following conservation measures will
lapse on 30 November 2006: 32–09
(2005), 33–02 (2005), 33–03 (2005), 41–
01 (2005), 41–02 (2005), 41–04 (2005),
41–05 (2005), 41–06 (2005), 41–07
(2005), 41–08 (2005), 41–09 (2005), 41–
10 (2005), 41–11 (2005), 42–02 (2005),
52–01 (2005), 52–02 (2005) and 61–01
(2005). Conservation Measure 42–01
(2005) will lapse on 14 November 2006.
All of these conservation measures dealt
with general fishery matters for the
2005/06 season.
The Commission agreed that
Conservation Measure 25–01 (1996) and
Resolution 24/XXIV be rescinded.
The following conservation measures
and resolutions will remain in force in
2006/07:
Compliance: 10–01 (1998) and 10–03
(2005).
General fishery matters: 22–01 (1986),
22–02 (1984), 22–03 (1990), 23–01
(2005), 23–02 (1993), 23–03 (1991), 23–
04 (2000), 23–05 (2000), 23–06 (2005),
24–01 (2005), 24–02 (2005), 25–02
(2005) 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) and
33–01 (1995).
Protected areas: 91–01 (2004), 91–02
(2004) and 91–03 (2004).
Resolutions: 7/IX, 10/XII, 14/XIX, 15/
XXII, 16/XIX, 17/XX, 18/XXI, 19/XXI,
20/XXII, 21/XXIII and 23/XXIII.
The Commission revised the
following conservation measures and
resolution:
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Compliance: 10–02 (2004), 10–04
(2005), 10–05 (2005), 10–06 (2005) and
10–07 (2005). The Commission also
revised the Text of the CCAMLR System
of Inspection.
General fishery matters: 21–01 (2002)
and 21–02 (2005).
Fishery regulations: 41–03 (2005), 51–
01 (2002), 51–02 (2002) and 51–03
(2002).
Resolution: 22/XXV
In addition, the Commission adopted
24 new measures and one new
resolution.
For further information, see the
CCAMLR web site at www.ccamlr.org
under Publications for the Schedule of
Conservation Measures in Force (2006/
2007), or contact the Commission at the
CCAMLR Secretariat, P.O. Box 213,
North Hobart, Tasmania 7002, Australia.
Tel: (61) 3–6210–1111).
Conservation Measures and Resolutions
Adopted at CCAMLR–XXV
Conservation Measure 10–01 (1998) 1
Marking of fishing vessels and fishing
gear
(Species: all; Area: all; Season: all; Gear:
all)
The Commission hereby adopts the
following conservation measure in
accordance with Article IX of the
Convention:
1. All Contracting Parties shall ensure
that their fishing vessels licensed 2 in
accordance with Conservation Measure
10–02 to operate in the Convention Area
are marked in such a way that they can
be readily identified in accordance with
internationally recognised standards,
such as the FAO Standard
Specifications and Guidelines for the
Marking and Identification of Fishing
Vessels.
2. Marker buoys and similar objects
floating on the surface and intended to
indicate the location of fixed or set
fishing gear shall be clearly marked at
all times with the letter(s) and/or
numbers of the vessels to which they
belong.
1 Except for waters adjacent to Kerguelen
and Crozet Islands
2 Includes permitted
Conservation Measure 10–02 (2006) 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
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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) reporting, where possible as set
out in Annex 10–02/A by the vessel of
sightings of fishing vessels 4 in the
Convention Area;
(v) operation of a VMS system on
board the vessel in accordance with
Conservation Measure.
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), subarea(s) or division(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) 5, registration
number 6, 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;
(iii) previous flag (if any) 5;
(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;
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(ix) length (m);
(x) colour photographs of the vessel
which shall consist of:
• one photograph not smaller than 12
× 7 cm showing the starboard side of the
vessel displaying its full overall length
and complete structural features;
• one photograph not smaller than 12
× 7 cm showing the port side of the
vessel displaying its full overall length
and complete structural features;
• one photograph not smaller than 12
× 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
(m3);
(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
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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 Including support vessels such as reefer
vessels.
5 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.
6 National registry number.
Annex 10–02/A
Reporting of Vessel Sightings
1. In the event that the master of a
licensed fishing vessel sights a fishing
vessel 4 within the Convention Area, the
master shall document as much
information as possible on each such
sighting, including:
(a) name and description of the vessel
(b) vessel call sign
(c) registration number and the
Lloyds/IMO number of the vessel
(d) Flag State of the vessel
(e) photographs of the vessel to
support the report
(f) any other relevant information
regarding the observed activities of the
sighted vessel.
2. The master shall forward a report
containing the information referred to in
paragraph 1 to their Flag State as soon
as possible. The Flag State shall submit
to the Secretariat any such reports that
meet the criteria of paragraph 3 of
Conservation Measure 10–06 or
paragraph 8 of Conservation Measure
10–07.
3. The Secretariat shall use such
reports for compiling estimates of IUU
activities.
Conservation Measure 10–03 (2005) 1 2 3
Port inspections of vessels carrying
toothfish
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(Species: toothfish; Area: all; Season:
all; Gear: all)
1. Contracting Parties shall undertake
inspections of all fishing vessels
carrying Dissostichus spp. which enter
their ports. The inspection shall be for
the purpose of determining that if the
vessel carried out harvesting activities
in the Convention Area, these activities
were carried out in accordance with
CCAMLR conservation measures, and
that if it intends to land or tranship
Dissostichus spp. the catch to be
unloaded or transhipped is
accompanied by a Dissostichus catch
document required by Conservation
Measure 10–05 and that the catch agrees
with the information recorded on the
document.
2. To facilitate these inspections,
Contracting Parties shall require vessels
to provide advance notice of their entry
into port and to convey a written
declaration that they have not engaged
in or supported illegal, unreported and
unregulated (IUU) fishing in the
Convention Area. The inspection shall
be conducted within 48 hours of port
entry and shall be carried out in an
expeditious fashion. It shall impose no
undue burdens on the vessel or its crew,
and shall be guided by the relevant
provisions of the CCAMLR System of
Inspection. Vessels which either declare
that they have been involved in IUU
fishing or fail to make a declaration
shall be denied port access, other than
for emergency purposes.
3. In the event that there is evidence
that the vessel has fished in
contravention of CCAMLR conservation
measures, the catch shall not be landed
or transhipped. The Contracting Party
will inform the Flag State of the vessel
of its inspection findings and will
cooperate with the Flag State in taking
such appropriate action as is required to
investigate the alleged infringement
and, if necessary, apply appropriate
sanctions in accordance with national
legislation.
4. Contracting Parties shall promptly
provide the Secretariat with a report on
the outcome of each inspection
conducted under this conservation
measure. In respect of any vessels
denied port access or permission to land
or tranship Dissostichus spp., the
Secretariat shall promptly convey such
reports to all Contracting Parties and to
all non-Contracting Parties cooperating
with the Commission by participating in
the Catch Documentation Scheme for
Dissostichus spp. (CDS).
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
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3 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.
Conservation Measure 10–04 (2006)
Automated satellite-linked Vessel
Monitoring Systems (VMS)
(Species: all except krill; Area: all;
Season: all; Gear: all)
The Commission,
Recognizing 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,
Recognizing 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 satellitelinked 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
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than 500 m, with a confidence interval
of 99%; and
(iii) the date and time (expressed in
UTC) of the fixing of the said position
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 overridden, whether manually,
electronically or otherwise. To this end,
the on-board satellite monitoring device
must:
(i) be located within a sealed unit; and
(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 onboard vessel monitoring device does not
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; and
(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
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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 nonfunctioning was detected or notified in
accordance with paragraph 12, the upto-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 to 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.
11.2 3 Each Contracting Party shall
forward VMS reports and messages
received, pursuant to paragraph 1, to the
CCAMLR Secretariat as soon as
possible:
(i) but not later than four hours after
receipt for those exploratory longline
fisheries subject to conservation
measures adopted at CCAMLR–XXIII; or
(ii) but not later than 10 working days
following departure from the
Convention Area for all other fisheries.
12. 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 nonfunctioning of the vessel monitoring
device on board the fishing vessel,
forward the geographical positions of
the vessel to the Secretariat, or shall
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ensure that these positions are
forwarded to the Secretariat by the
master or the owner of the vessel, or
their representative.
13. 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.
14. Each Flag State shall in addition
separately notify by e-mail or other
means the CCAMLR Secretariat within
24 hours of each entry to, exit from and
movement between subareas and
divisions of the Convention Area by
each of its fishing vessels in the format
outlined in Annex 10–04/A. When a
vessel intends to enter a closed area, or
an area for which it is not licensed to
fish, the Flag State shall provide prior
notification to the Secretariat of the
vessel’s intentions. The Flag State may
permit or direct that such notifications
be provided by the vessel directly to the
Secretariat.
15. 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
paragraphs 11 and 14 in parallel to the
CCAMLR Secretariat.
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. If VMS data received by the
Secretariat indicate the presence of a
vessel in an area or subarea for which
no license details have been provided
by the Flag State to the Secretariat as
required by Conservation Measure 10–
02, or in any area or subarea for which
the Flag State or fishing vessel has not
provided prior notification as required
by paragraph 14, then the Secretariat
shall notify the Flag State and require an
explanation. The explanation shall be
forwarded to the Secretariat for
evaluation by the Commission at its
next annual meeting.
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19. The CCAMLR Secretariat and all
Parties receiving data shall treat all VMS
reports and messages received under
paragraph 11 or paragraphs 20, 21, 22 or
23 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).
20. The CCAMLR Secretariat shall
place a list of vessels submitting VMS
reports and messages pursuant to this
conservation measure on a passwordprotected 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.
21. VMS reports and messages
(including vessel locations), for the
purposes of paragraph 19(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
subject 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
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.
22. 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.
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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.
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 EEZ surrounding Prince Edward
Islands.
23. 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.
24. The CCAMLR Secretariat shall
annually, before 30 September, report
on the implementation of and
compliance with this conservation
measure to the Commission.
ANNEX 10–04/A
VMS DATA FORMAT
[’Position’, ‘Exit’ and ‘Entry’ Reports/Messages]
Data element
Field code
Mandatory/
optional
Remarks
Start record ....................................................
Address ..........................................................
Sequence number ..........................................
Type of message ...........................................
SR ...............
AD ...............
SQ ...............
TM2 .............
M .................
M .................
M1 ................
M .................
Radio call sign ...............................................
RC ...............
M .................
Trip number ....................................................
Vessel name ..................................................
Contracting Party internal reference number
TN ...............
NA ...............
IR ................
O .................
M .................
O .................
External registration number ..........................
Latitude ..........................................................
Longitude .......................................................
Latitude (decimal) ..........................................
Longitude (decimal) .......................................
Date ................................................................
Time ...............................................................
End of record .................................................
XR ...............
LA ................
LO ...............
LT ................
LG ...............
DA ...............
TI .................
ER ...............
O .................
M3 ................
M3 ................
M4 ................
M4 ................
M .................
M .................
M .................
System detail; indicates start of record.
Message detail; destination; ‘XCA’ for CCAMLR.
Message detail; message serial number in current year.
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.
Vessel registration detail; international radio call sign of the vessel.
Activity detail; fishing trip serial number in current year.
Vessel registration detail; name of the vessel.
Vessel registration detail. Unique Contracting Party vessel number as ISO–3 Flag State code followed by number.
Vessel registration detail; the side number of the vessel.
Activity detail; position.
Activity detail; position.
Activity detail; position.
Activity detail; position.
Message detail; position date.
Message detail; position time in UTC.
System detail; indicates end of the record.
1 Optional
in case of a VMS message.
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.
2 Type
FORMAT FOR INDIRECT FLAG STATE REPORTING VIA E-MAIL
Code definition
Field contents
Example
Field contents explanation
SR ..........
AD ..........
SQ ..........
TM ..........
RC ..........
NA ..........
LT ...........
Start record ............
Address ..................
Sequence number
Type of message ...
Radio call sign .......
Vessel name ..........
Latitude ..................
No data .......
XCA .............
XXX .............
POS ............
XXXXXX ......
XXXXXXXX
DD.ddd ........
......................
XCA ..................
123 ...................
POS ..................
AB1234 .............
Vessel Name ....
¥55.000 ...........
LG ..........
DA ..........
TI ............
Longitude ...............
Record date ...........
Record time ...........
DDD.ddd .....
YYYYMMDD
HHMM .........
¥020.000 .........
20050114 .........
0120 .................
ER ..........
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Code
End record .............
No data .......
......................
No data.
XCA = CCAMLR.
Message sequence number.
POS = position report, ENT = entry report, EXI = exit report.
Maximum of 8 characters.
Maximum of 30 characters.
+/¥numeral in GIS format. Must specify—for South and West, + for North
and East.
+/¥numeral in GIS format.
8 characters only.
4 characters only, using 24-hour time format. Do not use separators or include seconds.
No data.
Sample string:
//SR//AD/XCA//SQ/001//TM/POS//RC/ABCD//NA/Vessel Name//LT/-55.000//LG/-020.000//DA/20050114//TI/0120//ER//.
Notes:
• Three fields in Annex 10–04/A are optional. These are:
TN (trip number)
IR (Contracting Party internal reference number): Must start with the 3-character ISO country code, e.g.
Argentina = ARGxxx
XR (external registration number).
• Do not include any other fields.
• Do not include separators (e.g. : . or /) in the date and time fields.
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• Do not include seconds in the time fields.
Annex 10–04/B
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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. Requests for data must be made
by the main Commission Contact or an
alternative contact nominated by the
main Commission Contact of the
Contracting Party concerned. The
Secretariat shall only provide data to a
secure e-mail address specified at the
time of making a request for data.
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
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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
related to the 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
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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.
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• 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
their 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 (2006)
Catch Documentation Scheme for
Dissostichus spp.
(Species: toothfish; Area: all; Season:
all; Gear: all)
The Commission,
Concerned that illegal, unreported
and unregulated (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,
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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. The following definitions are
intended only for the purposes of the
completion of CDS documents and shall
be applied as stated regardless of
whether such actions as landings,
transhipments, imports, exports or reexports constitute the same under any
CDS participant’s customs law or other
domestic legislation:
(i) Port State: The State that has
control over a particular port area or free
trade zone for the purposes of landing,
transhipment, importing, exporting and
re-exporting and whose authority serves
as the authority for landing or
transhipment certification.
(ii) Landing: The initial transfer of
catch in its harvested or processed form
from a vessel to dockside or to another
vessel in a port or free trade zone where
the catch is certified by an authority of
the Port State as landed.
(iii) Export: Any movement of a catch
in its harvested or processed form from
territory under the control of the State
or free trade zone of landing, or, where
that State or free trade zone forms part
of a customs union, any other member
State of that customs union.
(iv) Import: The physical entering or
bringing of a catch into any part of the
geographical territory under the control
of a State, except where the catch is
landed or transhipped within the
definitions of ‘landing’ or
‘transhipment’ in this conservation
measure.
(v) Re-export: Any movement of a
catch in its harvested or processed form
from territory under the control of a
State, free trade zone, or member State
of a customs union of import unless that
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State, free trade zone, or any member
State of that customs union of import is
the first place of import, in which case
the movement is an export within the
definition of ‘export’ in this
conservation measure.
(vi) Transhipment: The transfer of a
catch in its harvested or processed form
from a vessel to another vessel or means
of transport, and, where such transfer
takes place within the territory under
the control of a Port State, for the
purpose of effecting its removal from
that State. For the avoidance of doubt,
temporarily placing a catch on land or
an artificial structure to facilitate such
transfer shall not prevent the transfer
from being a transhipment where the
catch is not ‘landed’ within the
definition of ‘landing’ in this
conservation measure.
2. 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.
3. 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
Dissostichus catch document (DCD) for
the catch landed or transhipped on each
occasion that it lands or tranships
Dissostichus spp.
4. 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.
5. 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.
6. 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 8
and 9, to any of its flag vessels that
intend to harvest Dissostichus spp.
7. The procedure regarding
cooperation with CCAMLR in the
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implementation of the CDS by nonContracting Parties involved in the trade
of Dissostichus spp. is set out in Annex
10–05/C.
8. 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.
9. 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.
10. 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.
11. 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.
12. Each Contracting Party shall
ensure that its customs government
authorities or other appropriate
government officials request and
examine the documentation of each
shipment of Dissostichus spp. imported
into or exported from its territory to
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verify that it includes the exportvalidated 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.
13. If, as a result of an examination
referred to in paragraph 12 above, a
question arises regarding the
information contained in a DCD or a reexport document, the exporting State
whose government 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.
14. Each Contracting Party shall
promptly provide by the most rapid
electronic means, copies to the
CCAMLR Secretariat of all exportvalidated DCDs and, where relevant,
validated re-export documents that it
issued from and received into its
territory and shall submit annually to
the Secretariat a summary list of
documents issued from or received into
its territory in respect of transhipments,
landings, exports, re-exports and
imports. The list shall include:
document identification numbers; date
of landing, export, re-export, import;
weights landed, exported, re-exported or
imported.
15. Each Contracting Party, and any
non-Contracting Party that issues DCDs
in respect of its flag vessels in
accordance with paragraph 6, shall
inform the CCAMLR Secretariat of the
government authority or authorities
(including names, addresses, phone and
fax numbers and e-mail addresses)
responsible for issuing and validating
DCDs.
16. Notwithstanding the above, any
Contracting Party, or any nonContracting 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.
17. If, following an examination under
paragraph 12, questions under
paragraph 13 or requests for additional
verification of documents under
paragraph 16, 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.
18. If a Contracting Party participating
in the CDS has cause to sell or dispose
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4075
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.
19. 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 10–05/
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;
(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 7 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.,
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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
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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
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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
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 (including
the attachments if provided) by a
responsible official of the exporting
State.
(v) the exporter shall indicate the
transport details as appropriate:
if by sea
container(s) number(s) if appropriate,
or
vessel name, and
bill of lading number, date and place
of issue;
if by air
flight number, airway bill number,
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place and date of issue;
if by other means (ground
transportation)
truck registration number and
nationality,
railway transport number, date and
place of issue.
A12. In the case of re-export, the reexporter shall adhere to the following
procedures to obtain the necessary reexport 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
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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 re-exporter shall indicate the
transport details as appropriate:
if by sea
container(s) number(s) if appropriate,
or
vessel name, and
bill of lading number, date and place
of issue;
if by air
flight number, airway bill number,
place and date of issue;
if by other means (ground
transportation)
truck registration number and
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nationality,
railway transport number, date and
place of issue.
(v) the responsible official of the reexporting 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.
BILLING CODE 3510–22–P
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BILLING CODE 3510–22–C
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
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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
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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
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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 e-mail
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
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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.
Annex 10–05/C
Procedure Regarding Cooperation With
CCAMLR in the Implementation of the
CDS by Non-Contracting Parties
Involved in the Trade of Dissostichus
Spp.
C1. Each year, the Executive Secretary
shall contact all non-Contracting Parties
which are known to be involved in the
trade with Dissostichus spp. to urge
them to become a Contracting Party to
CCAMLR or to attain the status of a nonContracting Party cooperating with
CCAMLR by participating in the Catch
Documentation Scheme for Dissostichus
spp. (CDS) in accordance with the
provisions of Conservation Measure 10–
05. In doing so, the Executive Secretary
shall provide copies of this conservation
measure and any related resolutions
adopted by the Commission.
C2. Any non-Contracting Party that
seeks to be accorded the status of nonContracting Party cooperating with
CCAMLR by participating in the CDS
shall apply to the Executive Secretary
requesting such status. Such requests
must be received by the Executive
Secretary no later than ninety (90) days
in advance of an annual meeting of the
CAMLR Commission in order to be
considered at that meeting.
C3. Any non-Contracting Party
requesting the status of a nonContracting Party cooperating with
CCAMLR by participating in the CDS
shall fulfil the following requirements
in order to have this status considered
by the Commission:
(i) Information requirements:
(a) communicate the data required
under the CDS.
(ii) Compliance requirements:
(a) implement all the provisions of
Conservation Measure 10–05;
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(b) inform CCAMLR of all the
measures taken to ensure compliance by
its vessels used for the transhipments of
Dissostichus spp. and its operators,
including inter alia, and as appropriate,
inspection at sea and in port, CDS
implementation;
(c) respond to alleged violations of
CCAMLR measures by its vessels
transhipping Dissostichus spp. and its
operators, as determined by the
appropriate bodies, and communicate to
CCAMLR the actions taken against
operators.
C4. An applicant for the status of a
non-Contracting Party cooperating with
CCAMLR by participating in the CDS
shall also:
(i) confirm its commitment to
implement Conservation Measure 10–
05; and
(ii) inform the Commission of the
measures it takes to ensure compliance
by its operators with Conservation
Measure 10–05.
C5. The Standing Committee for
Implementation and Compliance (SCIC)
shall be responsible for reviewing
requests for the status of nonContracting Party cooperating with
CCAMLR by participating in the CDS
and for recommending to the
Commission whether the applicants
should be granted such status.
C6. Annually the Commission shall
review the status granted to each nonContracting Party and may revoke this
status if the non-Contracting Party
concerned has not complied with the
criteria for attaining such status
established by this measure.
Conservation Measure 10–06 (2006)
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, unreported
and unregulated (IUU) fishing
compromises the objective of the
Convention,
Aware that a number of vessels
registered to Parties and non-Parties are
engaged in activities which diminish
the effectiveness of CCAMLR
conservation measures,
Recalling that Contracting Parties are
required to cooperate in taking
appropriate action to deter any 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,
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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 (CP–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 Food and Agriculture
Organization of the United Nations
(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 considering whether to
include the vessel concerned in the CP–
IUU Vessel List under Conservation
Measure 10–06. The Executive Secretary
shall within one business day circulate
the report to the other Contracting
Parties and to non-Contracting Parties
cooperating with the Commission by
participating in the Catch
Documentation Scheme for Dissostichus
spp. (CDS), and invite them to
communicate any information available
to them in respect of the vessels referred
to above, including their ownership,
operators and their trade activities.
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;
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(ii) their vessels are repeatedly
included in the CP–IUU Vessel List.
5. In order for a Contracting Party’s
vessel to be included in the CP–IUU
Vessel List there must be evidence,
gathered in accordance with paragraphs
2 and 3, that the vessel has:
(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) not recorded or not declared its
catches made in the CCAMLR
Convention Area in accordance with the
reporting system applicable to the
fisheries it 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. vessels on the CP–IUU
Vessel List or the NCP–IUU Vessel List
established under Conservation Measure
10–07); or
(vi) failed to provide, when required
under Conservation Measure 10–05, a
valid catch document for Dissostichus
spp.; or
(vii) engaged in fishing activities in a
manner that undermines the attainment
of the objectives of the Convention in
waters adjacent to islands within the
area to which the Convention applies
over which the existence of State
sovereignty is recognised by all
Contracting Parties, in the terms of the
statement made by the Chairman on 19
May 1980; or
(viii) engaged in fishing activities
contrary to any other CCAMLR
conservation measures in a manner that
undermines the attainment of the
objectives of the Convention according
to Article XXII of the Convention.
Draft CP–IUU Vessel List
6. The Executive Secretary shall,
before 1 July of each year, draw up a
draft list of Contracting Party vessels
(the Draft CP–IUU Vessel List), listing
all Contracting Party vessels that, on the
basis of the information gathered in
accordance with paragraphs 2 and 3,
and any other information that the
Executive Secretary might have
obtained in relation thereto, and the
criteria defined in paragraph 4, might be
presumed to have engaged in any of the
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activities referred to in paragraph 5
during the period beginning 30 days
before the start of the previous CCAMLR
annual meeting. The Draft CP–IUU
Vessel List shall be distributed
immediately to the Contracting Parties
concerned.
7. Contracting Parties whose vessels
are included in the Draft CP–IUU Vessel
List shall transmit their comments to the
Executive Secretary before 1 September,
including verifiable VMS data and other
supporting information showing that the
vessels listed have not engaged in the
activities which led to their inclusion in
the Draft CP–IUU Vessel List.
Provisional CP–IUU Vessel List
8. The Executive Secretary shall
create a new list (‘the Provisional CP–
IUU Vessel List’) which shall comprise
the Draft CP–IUU Vessel List and all
information received pursuant to
paragraph 7. Before 1 October, the
Executive Secretary shall transmit the
Provisional CP–IUU Vessel List, the CP–
IUU Vessel List agreed at the previous
CCAMLR annual meeting, and any
evidence or documented information
received since that meeting regarding
vessels on the Provisional CP–IUU
Vessel List and CP–IUU Vessel List to
all Contracting Parties and nonContracting Parties cooperating with the
Commission by participating in the
CDS. The Executive Secretary shall at
the same time:
(i) request non-Contracting Parties
cooperating with the Commission by
participating in the CDS that, to the
extent possible in accordance with their
applicable laws and regulations, they do
not register or de-register vessels that
have been placed on the Provisional
CP–IUU Vessel List until such time as
the Commission has had the
opportunity to consider the List and has
made its determination;
(ii) invite non-Contracting Parties
cooperating with the Commission by
participating in the CDS to submit any
evidence or documented information
regarding vessels on the Provisional CP–
IUU Vessel List and CP–IUU Vessel List,
at the latest 30 days before the start of
the next CCAMLR annual meeting.
Where the incident occurs within the
month preceding the next CCAMLR
annual meeting, evidence or
documented information should be
provided as soon as possible.
9. Contracting Parties shall take all
necessary measures, to the extent
possible in accordance with their
applicable laws and regulations, in
order that:
(i) they do not register or de-register
vessels that have been placed on the
Provisional CP–IUU List until such time
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as the Commission has had the
opportunity to examine the List and has
made its determination;
(ii) if they do de-register a vessel on
the Provisional CP–IUU Vessel List they
inform, where possible, the Executive
Secretary of the proposed new Flag
State of the vessel, whereupon the
Executive Secretary shall inform that
State that the vessel is on the
Provisional CP–IUU Vessel List and
urge that State not to register the vessel.
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Proposed and Final CP–IUU Vessel List
10. Contracting Parties shall submit to
the Executive Secretary any additional
information which might be relevant for
the establishment of the CP–IUU Vessel
List within 30 days of having become
aware of such information and at the
latest 30 days before the start of the
CCAMLR annual meeting. A report
containing this information shall be
submitted in the format set out in
paragraph 16, and Contracting Parties
shall indicate that the information is
provided for the purposes of
considering whether to include the
vessel concerned in the CP–IUU Vessel
List under Conservation Measure 10–06.
The Secretariat shall collate all
information received and, where this
has not been provided in relation to a
vessel, attempt to obtain the information
in paragraphs 16(i) to (vii).
11. The Executive Secretary shall
circulate to Contracting Parties, at the
latest 30 days before the start of the
CCAMLR annual meeting, all evidence
or documented information received
under paragraphs 8 and 9, together with
any other evidence or documented
information received in terms of
paragraphs 2 and 3.
12. At each CCAMLR annual meeting,
the Standing Committee on
Implementation and Compliance (SCIC)
shall, by consensus:
(i) adopt a Proposed CP–IUU Vessel
List, following consideration of the
Provisional CP–IUU Vessel List and
information and evidence circulated
under paragraph 10. The Proposed CP–
IUU Vessel List shall be submitted to
the Commission for approval;
(ii) recommend to the Commission
which, if any, vessels should be
removed from the CP–IUU Vessel List
adopted at the previous CCAMLR
annual meeting, following consideration
of that List and information and
evidence circulated under paragraph 10.
13. SCIC shall include a vessel on the
Proposed CP–IUU Vessel List only if
one or more of the criteria in paragraph
5 have been satisfied.
14. SCIC shall recommend that the
Commission should remove a vessel
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from the CP–IUU Vessel List if the
Contracting Party proves that:
(i) the vessel did not take part in the
activities described in paragraph 1
which led to the inclusion of the vessel
in the CP–IUU Vessel List; or
(ii) it has taken effective action in
response to the activities in question,
including prosecution and imposition of
sanctions of adequate severity; or
(iii) the vessel has changed
ownership, including beneficial
ownership if known to be distinct from
the registered ownership, and that the
new owner can establish the previous
owner no longer has any legal, financial,
or real interests in the vessel, or
exercises control over it and that the
new owner has not participated in IUU
fishing; or
(iv) it has taken measures considered
sufficient to ensure the granting of the
right to the vessel to fly its flag will not
result in IUU fishing.
15. In order to facilitate the work of
SCIC and the Commission, the
Executive Secretary shall prepare a
paper for each CCAMLR annual
meeting, summarising and annexing all
the information, evidence and
comments submitted in respect of each
vessel to be considered.
16. The Draft CP–IUU Vessel List,
Provisional CP–IUU Vessel List,
Proposed CP–IUU Vessel List and the
CP–IUU Vessel List shall contain the
following details:
(i) name of vessel and previous
names, if any;
(ii) flag of vessel and previous flags,
if any;
(iii) owner of vessel and previous
owners, including beneficial owners, if
any;
(iv) operator of vessel and previous
operators, if any;
(v) call sign of vessel and previous
call signs, if any;
(vi) Lloyds/IMO number;
(vii) photographs of the vessel, where
available;
(viii) date vessel was first included on
the CP–IUU Vessel List;
(ix) summary of activities which
justify inclusion of the vessel on the
List, together with references to all
relevant documents informing of and
evidencing those activities.
17. On approval of the CP–IUU Vessel
List, the Commission shall request
Contracting Parties whose vessels
appear thereon to take all necessary
measures to address these activities,
including if necessary, the withdrawal
of the registration or of the fishing
licences of these vessels, the
nullification of the relevant catch
documents and denial of further access
to the CDS, and to inform the
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4083
Commission of the measures taken in
this respect.
18. Contracting Parties shall take all
necessary measures, subject to and in
accordance with their applicable laws
and regulations and international law,
in order that:
(i) the issuance of a licence to vessels
on the CP–IUU Vessel List to fish in the
Convention Area is prohibited;
(ii) the issuance of a licence to vessels
on the CP–IUU Vessel List to fish in
waters under their fisheries jurisdiction
is prohibited;
(iii) fishing vessels, support vessels,
refuel vessels, mother ships and cargo
vessels flying their flag do not in any
way, in the Convention Area, assist
vessels on the CP–IUU Vessel List by
participating in any transhipment or
joint fishing operations, supporting or
resupplying such vessels;
(iv) vessels on the CP–IUU Vessel List
should be denied access to ports unless
for the purpose of enforcement action or
for reasons of force majeure or for
rendering assistance to vessels, or
persons on those vessels, in danger or
distress. Vessels allowed entry to port
are to be inspected in accordance with
relevant conservation measures;
(v) where port access is granted to
such vessels:
(a) documentation and other
information, including DCDs where
relevant are examined, with a view to
verifying the area in which the catch
was taken; and where the origin cannot
be adequately verified, the catch is
detained or any landing or transhipment
of the catch is refused; and
(b) where possible
i. in the event catch is found to be
taken in contravention of CCAMLR
conservation measures, catch is
confiscated;
ii. all support to such vessels,
including non-emergency refueling,
resupplying and repairs is prohibited.
(vi) the chartering of vessels on the
CP–IUU Vessel List is prohibited;
(vii) granting of their flag to vessels on
the CP–IUU Vessel List is refused;
(viii) imports, exports and re-exports
of Dissostichus spp. from vessels on the
CP–IUU Vessel List are prohibited;
(ix) ‘Export or Re-export Government
Authority Validation’ is not certified
when the shipment (of Dissostichus
spp.) is declared to have been caught by
any vessel on the CP–IUU Vessel List;
(x) importers, transporters and other
sectors concerned are encouraged to
refrain from dealing with and from
transhipping of fish caught by vessels
on the CP–IUU Vessel List;
(xi) any appropriate information
which is suitably documented is
collected and submitted to the
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Executive Secretary, to be forwarded to
Contracting Parties, and nonContracting Parties, entities or fishing
entities cooperating with the
Commission by participating in the
CDS, with the aim of detecting,
controling and preventing the
importation or exportation of, and other
trade-related activities relating to,
catches from vessels on the CP–IUU
Vessel List intended to circumvent this
conservation measure.
19. The Executive Secretary shall
place the CP–IUU Vessel List approved
by the Commission on the public
section of the CCAMLR Web site.
Furthermore, the Executive Secretary
shall communicate the CP–IUU Vessel
List to the FAO and appropriate regional
fisheries organisations to enhance
cooperation between CCAMLR and
these organisations for the purposes of
preventing, deterring and eliminating
IUU fishing.
20. The Executive Secretary shall
circulate to non-Contracting Parties
cooperating with the Commission by
participating in the CDS the CP–IUU
Vessel List, together with the request
that, to the extent possible in
accordance with their applicable laws
and regulations, they do not register
vessels that have been placed on the List
unless they are removed from the List
by the Commission.
21. If Contracting Parties obtain new
or changed information for vessels on
the CP–IUU Vessel List in relation to the
details in paragraphs 16(i) to (vii), they
shall notify the Executive Secretary who
shall place a notification on the secure
section of the CCAMLR Web site and
advise all Contracting Parties of the
notification. If there are no comments
on the information within seven (7)
days, the Executive Secretary will revise
the CP–IUU Vessel List.
22. Without prejudice to their rights
to take proper action consistent with
international law, Contracting Parties
should not take any trade measures or
other sanctions which are inconsistent
with their international obligations
against vessels using as the basis for the
action the fact that the vessel or vessels
have been included in the Draft CP–IUU
Vessel List drawn up by the Executive
Secretary, pursuant to paragraph 6.
23. The Chair of the Commission shall
request the Contracting Parties
identified pursuant to paragraph 1 to
take all necessary measures to avoid
diminishing the effectiveness of
CCAMLR conservation measures
resulting from their vessels’ activities,
and to advise the Commission of actions
taken in that regard.
24. The Commission shall review, at
subsequent CCAMLR annual meetings,
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as appropriate, action taken by those
Contracting Parties to which requests
have been made pursuant to paragraph
23, and identify those which have not
rectified their activities.
25. The Commission shall decide
appropriate measures to be taken in
respect to Dissostichus spp. so as to
address these issues with those
identified Contracting Parties. In this
respect, Contracting Parties may
cooperate to adopt appropriate
multilaterally agreed trade-related
measures, consistent with their
obligations as members of the World
Trade Organization, that may be
necessary to prevent, deter and
eliminate the IUU activities identified
by the Commission. Multilateral traderelated measures may be used to
support cooperative efforts to ensure
that trade in Dissostichus spp. and its
products does not in any way encourage
IUU fishing or otherwise diminish the
effectiveness of CCAMLR’s conservation
measures which are consistent with the
United Nations Convention on the Law
of the Sea 1982.
Conservation Measure 10–07 (2006)
Scheme to promote compliance by nonContracting Party vessels with
CCAMLR conservation measures
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Convinced that illegal, unreported
and unregulated (IUU) fishing
compromises the objective of the
Convention,
Aware that a significant number of
vessels registered to non-Contracting
Parties are engaged in activities which
diminish the effectiveness of CCAMLR
conservation measures,
Recalling that Contracting Parties are
required to cooperate in taking
appropriate action to deter any 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. The Contracting Parties request
non-Contracting Parties to cooperate
fully with the Commission with a view
to ensuring that the effectiveness of
CCAMLR conservation measures is not
undermined.
2. At each annual meeting the
Commission shall identify those nonContracting Parties whose vessels are
engaged in IUU fishing activities in the
Convention Area that threaten to
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Fmt 4701
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undermine the effectiveness of
CCAMLR conservation measures, and
shall establish a list of such vessels
(NCP–IUU Vessel List), in accordance
with the procedures and criteria set out
hereafter.
3. 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 Food and Agriculture
Organization of the United Nations
(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.
4. A non-Contracting Party vessel
which has been sighted engaging in
fishing activities in the Convention Area
or which has been denied port access,
landing or transhipment in accordance
with Conservation Measure 10–03 is
presumed to be undermining the
effectiveness of CCAMLR conservation
measures. In the case of any
transhipment activities involving a
sighted non-Contracting Party vessel
inside or outside the Convention Area,
the presumption of undermining the
effectiveness of CCAMLR conservation
measures applies to any other nonContracting Party vessel which has
engaged in such activities with that
vessel.
5. When a non-Contracting Party
vessel referred to in paragraph 4 enters
a port of any Contracting Party, it shall
be inspected by authorised Contracting
Party officials in accordance with
Conservation Measure 10–03 and shall
not be allowed to land or tranship any
fish species subject to CCAMLR
conservation measures it might be
holding on board unless the vessel
establishes that the fish were caught in
compliance with all relevant CCAMLR
conservation measures and
requirements under this Convention.
6. A Contracting Party which sights a
non-Contracting Party vessel engaging
in fishing activities in the Convention
Area or denies a non-Contracting Party
port access, landing or transhipment
under paragraph 5 shall attempt to
inform the vessel that it is presumed to
be undermining the effectiveness of
CCAMLR conservation measures, and
that this information will be distributed
to the Executive Secretary, all
Contracting Parties and the Flag State of
the vessel.
7. Information regarding such
sightings or denial of port access,
landings or transhipments, and the
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result of all inspections conducted in
the ports of Contracting Parties, and any
subsequent action shall be transmitted
within one business day to the
Commission in accordance with Article
XXII of the Convention. The Executive
Secretary shall transmit this information
to all Contracting Parties, within one
business day of receiving it, and to the
Flag State of the vessel concerned as
soon as possible and to appropriate
regional fisheries organisations. At this
time, the Executive Secretary shall, in
consultation with the Chair of the
Commission, request the Flag State
concerned that, where appropriate,
measures be taken in accordance with
its applicable laws and regulations to
ensure that the vessel desists from any
activities that undermine the
effectiveness of CCAMLR conservation
measures, and that the Flag State report
back to CCAMLR on the results of such
enquiries and/or on the measures it has
taken in respect of the vessel. The other
Contracting Parties and non-Contracting
Parties cooperating with the
Commission by participating in the
Catch Documentation Scheme for
Dissostichus spp. (CDS) shall be invited
to communicate any information
available to them in respect of the
vessels referred to above, including their
ownership, operators and their trade
activities.
8. Where a Contracting Party obtains
information that a non-Contracting Party
vessel has engaged in activities set out
in paragraph 9, it shall submit a report
containing this information, within 30
days of having become aware of it, to
the Executive Secretary (including
where such information has already
been transmitted under paragraph 7).
Contracting Parties shall indicate that
the information is provided for the
purposes of considering whether to
include the vessel concerned in the
NCP–IUU Vessel List under
Conservation Measure 10–07. In
addition, the Contracting Party may also
submit the report directly to the nonContracting Party concerned. The
Executive Secretary shall promptly
forward the information to the nonContracting Party concerned, indicating
that it has been provided for the
purposes of considering whether to
include the vessel concerned in the
NCP–IUU Vessel List under
Conservation Measure 10–07. The
Executive Secretary shall request that
the Flag State take action to prevent the
vessel undertaking any activities that
undermine the effectiveness of
CCAMLR conservation measures and
that the Flag State report back to
CCAMLR on the measures it has taken
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in respect of the vessel concerned. The
Executive Secretary shall circulate the
information and any report from the
Flag State to all other Contracting
Parties as soon as possible.
9. In order for a non-Contracting
Party’s vessel to be included in the
NCP–IUU Vessel List, there must be
evidence, gathered in accordance with
paragraphs 3 and 8, that the vessel has:
(i) been sighted engaging in fishing
activities in the CCAMLR Convention
Area; or
(ii) been denied port access, landing
or transhipment in accordance with
Conservation Measure 10–03; or
(iii) transhipped or participated in
joint fishing operations with, supported
or resupplied other vessels identified by
CCAMLR as carrying out IUU fishing
activities (i.e. vessels on the NCP–IUU
Vessel List or the CP–IUU Vessel List
established under Conservation Measure
10–06); or
(iv) failed to provide, when required
under Conservation Measure 10–05, a
valid catch document for Dissostichus
spp.; or
(v) engaged in fishing activities in a
manner that undermines the attainment
of the objectives of the Convention in
waters adjacent to islands within the
area to which the Convention applies
over which the existence of State
sovereignty is recognised by all
Contracting Parties, in the terms of the
statement made by the Chairman on 19
May 1980; or
(vi) engaged in fishing activities
contrary to any other CCAMLR
conservation measures in a manner that
undermines the attainment of the
objectives of the Convention according
to Article XXII of the Convention.
Draft NCP–IUU Vessel List
10. The Executive Secretary shall,
before 1 July of each year, draw up a
draft list (‘the Draft NCP–IUU Vessel
List’), listing all non-Contracting Party
vessels that, on the basis of the
information gathered in accordance
with paragraphs 3 and 8 and any other
information that the Executive Secretary
might have obtained in relation thereto,
might be presumed to have engaged in
any of the activities referred to in
paragraph 9 during the period beginning
30 days before the start of the previous
CCAMLR annual meeting. The Draft
NCP–IUU Vessel List shall be
distributed immediately to the nonContracting Parties concerned and to all
Contracting Parties.
11. The Executive Secretary shall
invite non-Contracting Parties whose
vessels are included in the Draft NCP–
IUU Vessel List to transmit their
comments to the Executive Secretary
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4085
before 1 September, including verifiable
VMS data and other supporting
information showing that the vessels
listed have not engaged in the activities
which led to their inclusion in the Draft
NCP–IUU Vessel List.
Provisional NCP–IUU Vessel List
12. The Executive Secretary shall
create a new list (‘the Provisional NCP–
IUU Vessel List’) which shall comprise
the Draft NCP–IUU Vessel List and all
information received pursuant to
paragraph 11. Before 1 October, the
Executive Secretary shall transmit the
Provisional NCP–IUU Vessel List, the
NCP–IUU Vessel List agreed at the
previous CCAMLR annual meeting, and
any evidence or documented
information received since that meeting
regarding vessels on the Provisional
NCP–IUU Vessel List or the NCP–IUU
Vessel List to all Contracting Parties and
non-Contracting Parties cooperating
with the Commission by participating in
the CDS. The Executive Secretary shall
at the same time:
(i) request non-Contracting Parties
cooperating with the Commission by
participating in the CDS that, to the
extent possible in accordance with their
applicable laws and regulations, they do
not register or de-register vessels that
have been placed on the List until such
time as the Commission has had the
opportunity to consider the List and has
made its determination;
(ii) invite non-Contracting Parties
cooperating with the Commission by
participating in the CDS to submit any
evidence or documented information
regarding vessels on the Provisional
NCP–IUU Vessel List and NCP–IUU
Vessel List, at the latest 30 days before
the start of the next CCAMLR annual
meeting. Where the incident occurs
within the month preceding the next
CCAMLR annual meeting, evidence or
documented information should be
provided as soon as possible;
(iii) transmit the Provisional NCP–
IUU Vessel List and any evidence or
documented information received
regarding vessels on that List to all nonContracting Parties whose vessels are
included in the List and who are not
non-Contracting Parties cooperating
with the Commission by participating in
the CDS.
13. Contracting Parties shall take all
necessary measures, to the extent
possible in accordance with their
applicable laws and regulations, in
order that:
(i) they do not register vessels that
have been placed on the Provisional
NCP–IUU Vessel List until such time as
the Commission has had the
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opportunity to examine the List and has
made its determination;
(ii) if they do de-register a vessel on
the Provisional NCP–IUU Vessel List
they inform, where possible, the
Executive Secretary of the proposed
new Flag State of the vessel, whereupon
the Executive Secretary shall inform
that State that the vessel is on the
Provisional NCP–IUU Vessel List and
urge that State not to register the vessel.
rwilkins on PROD1PC63 with NOTICES
Proposed and Final NCP–IUU Vessel
List
14. Contracting Parties shall submit to
the Executive Secretary any additional
information which might be relevant for
the establishment of the NCP–IUU
Vessel List within 30 days of having
become aware of such information and
at the latest 30 days before the start of
the CCAMLR annual meeting. A report
containing this information shall be
submitted in the format set out in
paragraph 20, and Contracting Parties
shall indicate that the information is
provided for the purposes of
considering whether to include the
vessel concerned in the NCP–IUU
Vessel List under Conservation Measure
10–07. The Executive Secretary shall
collate all information received and,
where this has not been provided in
relation to a vessel, attempt to obtain the
information in paragraphs 20(i) to (vii).
15. The Executive Secretary shall
circulate to Contracting Parties, at the
latest 30 days before the start of the
CCAMLR annual meeting, all evidence
or documented information received
under paragraphs 12 and 13, together
with any other evidence or documented
information received in terms of
paragraphs 3 and 8.
16. At each CCAMLR annual meeting,
the Standing Committee on
Implementation and Compliance (SCIC)
shall, by consensus:
(i) adopt a Proposed NCP–IUU Vessel
List, following consideration of the
Provisional NCP–IUU Vessel List and
information and evidence circulated
under paragraph 14. The Proposed
NCP–IUU Vessel List shall be submitted
to the Commission for approval;
(ii) recommend to the Commission
which, if any, vessels should be
removed from the NCP–IUU Vessel List
adopted at the previous CCAMLR
annual meeting, following consideration
of that List and information and
evidence circulated under paragraph 14.
17. SCIC shall include a vessel on the
Proposed NCP–IUU Vessel List only if
one or more of the criteria in paragraph
9 have been satisfied.
18. SCIC shall recommend that the
Commission should remove a vessel
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from the NCP–IUU Vessel List if the
non-Contracting Party proves that:
(i) the vessel did not take part in the
activities described in paragraph 9
which led to the inclusion of the vessel
in the NCP–IUU Vessel List; or
(ii) it has taken effective action in
response to the activities in question,
including prosecution and imposition of
sanctions of adequate severity; or
(iii) the vessel has changed ownership
including beneficial ownership if
known to be distinct from the registered
ownership and that the new owner can
establish the previous owner no longer
has any legal, financial, or real interests
in the vessel, or exercises control over
it and that the new owner has not
participated in IUU fishing; or
(iv) it has taken measures considered
sufficient to ensure the granting of the
right to the vessel to fly its flag will not
result in IUU fishing.
19. In order to facilitate the work of
SCIC and the Commission, the
Executive Secretary shall prepare a
paper for each CCAMLR annual
meeting, summarising and annexing all
the information, evidence and
comments submitted in respect of each
vessel to be considered.
20. The Draft NCP–IUU Vessel List,
Provisional NCP–IUU Vessel List,
Proposed NCP–IUU Vessel List and the
NCP–IUU Vessel List shall contain the
following details:
(i) name of vessel and previous
names, if any;
(ii) flag of vessel and previous flags,
if any;
(iii) owner of vessel and previous
owners including beneficial owners, if
any;
(iv) operator of vessel and previous
operators, if any;
(v) call sign of vessel and previous
call signs, if any;
(vi) Lloyds/IMO number;
(vii) photographs of the vessel, where
available;
(viii) date vessel was first included on
the NCP–IUU Vessel List;
(ix) summary of activities which
justify inclusion of the vessel in the List,
together with references to all relevant
documents informing of and evidencing
those activities.
21. On approval of the NCP–IUU
Vessel List, the Commission shall
request non-Contracting Parties whose
vessels appear thereon to take all
necessary measures to address these
activities, including if necessary, the
withdrawal of the registration or of the
fishing licences of these vessels, the
nullification of the relevant catch
documents and denial of further access
to the CDS, and to inform the
Commission of the measures taken in
this respect.
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22. Contracting Parties shall take all
necessary measures, subject to and in
accordance with their applicable laws
and regulations and international law,
in order that:
(i) the issuance of a licence to vessels
on the NCP–IUU Vessel List to fish in
waters under their fisheries jurisdiction
is prohibited;
(ii) fishing vessels, support vessels,
refuel vessels, mother-ships and cargo
vessels flying their flag do not in any
way assist vessels on the NCP–IUU
Vessel List by participating in any
transhipment or joint fishing operations,
supporting or resupplying such vessels;
(iii) vessels on the NCP–IUU Vessel
List should be denied access to ports
unless for the purpose of enforcement
action or for reasons of force majeure or
for rendering assistance to vessels, or
persons on those vessels, in danger or
distress. Vessels allowed entry to port
are to be inspected in accordance with
relevant conservation measures;
(iv) where port access is granted to
such vessels:
(a) documentation and other
information, including DCDs where
relevant are examined, with a view to
verifying the area in which the catch
was taken; and where the origin cannot
be adequately verified, the catch is
detained or any landing or transhipment
of the catch is refused; and
(b) where possible
i. in the event catch is found to be
taken in contravention of CCAMLR
conservation measures, catch is
confiscated;
ii. all support to such vessels,
including non-emergency refuelling,
resupplying and repairs is prohibited.
(v) the chartering of vessels on the
NCP–IUU Vessel List is prohibited;
(vi) granting of their flag to vessels on
the NCP–IUU Vessel List is refused;
(vii) imports, exports and re-exports
of Dissostichus spp. from vessels on the
NCP–IUU Vessel List are prohibited;
(viii) ‘Export or Re-export
Government Authority Validation’ is not
certified when the shipment (of
Dissostichus spp.) is declared to have
been caught by any vessel on the NCP–
IUU Vessel List;
(ix) importers, transporters and other
sectors concerned are encouraged to
refrain from dealing with and from
transhipping of fish caught by vessels
on the NCP–IUU Vessel List;
(x) any appropriate information which
is suitably documented is collected and
submitted to the Executive Secretary, to
be forwarded to Contracting Parties and
non-Contracting Parties, entities or
fishing entities cooperating with the
Commission by participating in the
CDS, with the aim of detecting,
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controlling and preventing the
importation or exportation of, and other
trade-related activities relating to,
catches from vessels on the NCP–IUU
Vessel List intended to circumvent this
conservation measure.
23. The Executive Secretary shall
place the NCP–IUU Vessel List
approved by the Commission on the
public section of the CCAMLR Web site.
Furthermore, the Executive Secretary
shall communicate the NCP–IUU Vessel
List to the FAO and appropriate regional
fisheries organisations to enhance
cooperation between CCAMLR and
these organisations for the purposes of
preventing, deterring and eliminating
IUU fishing.
24. The Executive Secretary shall
circulate to non-Contracting Parties
cooperating with the Commission by
participating in the CDS the NCP–IUU
Vessel List, together with the request
that, to the extent possible in
accordance with their applicable laws
and regulations, they do not register
vessels that have been placed on the List
unless they are removed from the List
by the Commission.
25. If Contracting Parties obtain new
or changed information for vessels on
the NCP–IUU Vessel List in relation to
the details in paragraphs 20(i) to (vii),
they shall notify the Executive Secretary
who shall place a notification on the
secure section of the CCAMLR Web site
and advise all Contracting Parties and
the non-Contracting Party concerned of
the notification. If there are no
comments on the information within
seven (7) days, the Executive Secretary
will revise the NCP–IUU Vessel List.
26. Without prejudice to their rights
to take proper action consistent with
international law, Contracting Parties
should not take any trade measures or
other sanctions which are inconsistent
with their international obligations
against vessels using as the basis for the
action the fact that the vessel or vessels
have been included in the Draft NCP–
IUU Vessel List drawn up by the
Executive Secretary, pursuant to
paragraph 10.
27. The Chair of the Commission shall
request the non-Contracting Parties
identified pursuant to paragraph 1 to
take all necessary measures to avoid
diminishing the effectiveness of
CCAMLR conservation measures
resulting from their vessels’ activities,
including if necessary withdrawal of a
vessel’s registration or fishing licence,
nullification of the relevant CDS
documents and denial of further access
to the CDS, and to advise the
Commission of actions taken in that
regard.
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28. Contracting Parties shall jointly
and/or individually request nonContracting Parties identified pursuant
to paragraph 2 to cooperate fully with
the Commission in order to avoid
diminishing the effectiveness of
conservation measures adopted by the
Commission.
29. The Commission shall review, at
subsequent CCAMLR annual meetings,
as appropriate, action taken by those
non-Contracting Parties to which
requests have been made pursuant to
paragraph 26, and identify those which
have not rectified their activities.
30. The Commission shall decide
appropriate measures to be taken in
respect to Dissostichus spp. so as to
address these issues with those
identified non-Contracting Parties. In
this respect, Contracting Parties may
cooperate to adopt appropriate
multilaterally agreed trade-related
measures, consistent with their
obligations as members of the World
Trade Organization, that may be
necessary to prevent, deter and
eliminate the IUU activities identified
by the Commission. Multilateral traderelated measures may be used to
support cooperative efforts to ensure
that trade in Dissostichus spp. and its
products does not in any way encourage
IUU fishing or otherwise diminish the
effectiveness of CCAMLR’s conservation
measures which are consistent with the
United Nations Convention on the Law
of the Sea 1982.
Conservation Measure 10–08 (2006)
Scheme to promote compliance by
Contracting Party nationals with
CCAMLR conservation measures
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Convinced that illegal, unreported
and unregulated (IUU) fishing
compromises the objectives of the
Convention,
Concerned that some Flag States do
not comply with their obligations
regarding jurisdiction and control
according to international law in respect
of fishing vessels entitled to fly their
flag that carry out their activities in the
Convention Area, and that as a result
these vessels are not under the effective
control of such Flag States,
Aware that the lack of effective
control facilitates fishing by these
vessels in the Convention Area in a
manner that undermines the
effectiveness of CCAMLR conservation
measures, and can lead to illegal,
unreported and unregulated (IUU)
catches of fish and unacceptable levels
of incidental mortality of seabirds,
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4087
Concerned that vessels that carry out
activities in the Convention Area which
do not comply with the CCAMLR
conservation measures are benefiting
from the support provided by persons
subject to the jurisdiction of Contracting
Parties, including through participation
in transhipment, transport and trade of
illegally harvested catches or
engagement on board or in the
management of these vessels,
Noting that the FAO International
Plan of Action to Prevent, Deter and
Eliminate Illegal, Unreported and
Unregulated Fishing calls on States to
take measures to discourage nationals
subject to their jurisdiction from
supporting and engaging in any activity
that undermines the effectiveness of
international conservation and
management measures,
Recalling that Contracting Parties
should cooperate in taking appropriate
action to deter any 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. Without prejudice to the primacy of
the responsibility of the Flag State, the
Contracting Parties shall take
appropriate measures, subject to and in
accordance with their applicable laws
and regulations:
(i) to verify if any natural or legal
persons subject to their jurisdiction are
engaged in the activities described in
paragraphs 5(i) to (viii) of Conservation
Measure 10–06 and 9(i) to (vi) of
Conservation Measure 10–07;
(ii) take appropriate action in
response to any verified activities
referred to in paragraph 1(i); and
(iii) cooperate for the purpose of
implementing the measures and actions
referred to in paragraph 1(i). To this
end, relevant agencies of Contracting
Parties should cooperate to implement
CCAMLR conservation measures and
Contracting Parties shall seek
cooperation by industries within their
jurisdiction.
2. To assist with the implementation
of this conservation measure,
Contracting Parties shall submit reports
to the CCAMLR Secretariat and the
Contracting Parties and non-Contracting
Parties cooperating with CCAMLR for
the purpose of implementing the Catch
Documentation Scheme for Dissostichus
spp. on the actions and measures taken
in accordance with paragraph 1, in a
timely fashion.
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3. These provisions shall be
applicable from 1 July 2008. Contracting
Parties may voluntarily decide to
implement these provisions prior to this
date.
Conservation Measure 21–01 (2006) 1 2
Notification that Members are
considering initiating a new fishery
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Recognising that in the past, Antarctic
fisheries have been initiated in the
Convention Area before sufficient
information was available upon which
to base management advice,
Noting that in recent years new
fisheries have started without adequate
information being available to evaluate
either the fishery potential or the
possible impacts on the target stocks or
species dependent on them,
Believing that without prior
notification of a new fishery, the
Commission is unable to fulfill its
function under Article IX,
hereby adopts the following
conservation measure in accordance
with Article IX of the Convention:
1. A new fishery, for the purposes of
this conservation measure, is a fishery
on a species using a particular fishing
method in a statistical subarea for
which:
(i) information on distribution,
abundance, demography, potential yield
and stock identity from comprehensive
research/surveys or exploratory fishing
have not been submitted to CCAMLR; or
(ii) catch and effort data have never
been submitted to CCAMLR; or
(iii) catch and effort data from the two
most recent seasons in which fishing
occurred have not been submitted to
CCAMLR.
2. In addition to those fisheries
identified according to paragraph 1, the
use of fishing methods in high-seas
areas of the Convention Area as
specified in Annex 21–01/A will
constitute new fisheries and will require
approval of the Commission for specific
areas before proceeding.
3. A Member intending to develop a
new fishery shall notify the Commission
not less than three months in advance
of the next regular meeting of the
Commission, where the matter shall be
considered. The Member shall not
initiate a new fishery pending the
process specified in paragraphs 6 and 7
below.
4. The notification shall be
accompanied by as much of the
following information as the Member is
able to provide:
(i) the nature of the proposed fishery
including target species, methods of
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fishing, proposed region and any
minimum level of catches that would be
required to develop a viable fishery;
(ii) biological information from
comprehensive research/survey cruises,
such as distribution, abundance,
demographic data and information on
stock identity;
(iii) details of dependent and
associated species and the likelihood of
them being affected by the proposed
fishery;
(iv) information from other fisheries
in the region or similar fisheries
elsewhere that may assist in the
valuation of potential yield;
(v) if the proposed fishery will be
undertaken using bottom trawl gear,
information on the known and
anticipated impacts of this gear on
vulnerable marine ecosystems,
including benthos and benthic
communities.
5. New fisheries shall be open only to
those vessels that are equipped and
configured so that they can comply with
all relevant conservation measures. A
vessel with a confirmed involvement in
illegal, unreported or unregulated
fishing in respect of Conservation
Measures 10–06 and 10–07 shall not be
permitted to participate in new
fisheries.
6. The information provided in
accordance with paragraph 4, together
with any other relevant information,
shall be considered by the Scientific
Committee, which shall then advise the
Commission.
7. After its review of the information
on the proposed new fishery, taking full
account of the recommendations and
the advice of the Scientific Committee,
the Commission may then take such
action as it deems necessary.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
Annex 21–01/A
Additional Fishing Methods
Bottom trawling in high-seas areas of
the Convention Area.
Conservation Measure 21–02 (2006) 1 2
Exploratory fisheries
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Recognising that in the past, some
Antarctic fisheries had been initiated
and subsequently expanded in the
Convention Area before sufficient
information was available upon which
to base management advice,
Agreeing that exploratory fishing
should not be allowed to expand faster
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than the acquisition of information
necessary to ensure that the fishery can
and will be conducted in accordance
with the principles set forth in Article
II,
hereby adopts the following
conservation measure in accordance
with Article IX of the Convention:
1. For the purposes of this
conservation measure, exploratory
fisheries are defined as follows:
(i) an exploratory fishery shall be
defined as a fishery that was previously
classified as a ‘new fishery’, as defined
by Conservation Measure 21–01;
(ii) an exploratory fishery shall
continue to be classified as such until
sufficient information is available:
(a) to evaluate the distribution,
abundance, and demography of the
target species, leading to an estimate of
the fishery’s potential yield;
(b) to review the fishery’s potential
impacts on dependent and related
species;
(c) to allow the Scientific Committee
to formulate and provide advice to the
Commission on appropriate harvest
catch levels, as well as effort levels and
fishing gear, where appropriate.
2. To ensure that adequate
information is made available to the
Scientific Committee for evaluation,
during the period when a fishery is
classified as exploratory, the Scientific
Committee shall develop (and update
annually as appropriate) a Data
Collection Plan, which should include
research proposals, as appropriate. This
shall identify the data needed and
describe any operational research
actions necessary to obtain the relevant
data from the exploratory fishery to
enable an assessment of the stock to be
made.
3. The Data Collection Plan shall
include, where appropriate:
(i) a description of the catch, effort,
and related biological, ecological, and
environmental data required to
undertake the evaluations described in
paragraph 1(ii), and the date by which
such data are to be reported annually to
CCAMLR;
(ii) a plan for directing fishing effort
during the exploratory phase to permit
the acquisition of relevant data to
evaluate the fishery potential and the
ecological relationships among
harvested, dependent and related
populations and the likelihood of
adverse impacts;
(iii) where appropriate, a plan for the
acquisition of any other research data by
fishing vessels, including activities that
may require the cooperative activities of
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scientific observers and the vessel, as
may be required for the Scientific
Committee to evaluate the fishery
potential and the ecological
relationships among harvested,
dependent and related populations and
the likelihood of adverse impacts;
(iv) an evaluation of the time-scales
involved in determining the responses
of harvested, dependent and related
populations to fishing activities.
4. The Commission shall annually
determine a precautionary catch limit at
a level not substantially above that
necessary to obtain the information
specified in the Data Collection Plan
and required to undertake the
evaluations described in paragraph 1(ii).
5. Any Member proposing to
participate in an exploratory fishery
shall:
(i) notify its intention to the
Commission not less than three months
in advance of the next regular meeting
of the Commission. This notification
shall include the information prescribed
in paragraph 4 of Conservation Measure
10–02 in respect of vessels proposing to
participate in the fishery, with the
exception that the notification shall not
be required to specify the information
referred to in subparagraph 4(ii) of
Conservation Measure 10–02. Members
shall, to the extent practicable, also
provide in their notification the
additional information detailed in
paragraph 5 of Conservation Measure
10–02 in respect to each fishing vessel
notified. Members are not hereby
exempted from their obligations under
Conservation Measure 10–02 to submit
any necessary updates to vessel and
licence details within the deadline
established therein as of issuance of the
licence to the vessel concerned;
(ii) prepare and submit to CCAMLR
by a specified date a Fishery Operations
Plan for the fishing season, for review
by the Scientific Committee and the
Commission. The Fishery Operations
Plan shall include as much of the
following information as the Member is
able to provide, so as to assist the
Scientific Committee in its preparation
of the Data Collection Plan:
(a) the nature of the exploratory
fishery, including target species,
methods of fishing, proposed region and
maximum catch levels proposed for the
forthcoming season;
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(b) biological information on the
target species from comprehensive
research/survey cruises, such as
distribution, abundance, demographic
data, and information on stock identity;
(c) details of dependent and related
species and the likelihood of their being
affected by the proposed fishery;
(d) information from other fisheries in
the region or similar fisheries elsewhere
that may assist in the evaluation of
potential yield;
(e) if the proposed fishery will be
undertaken using bottom trawl gear,
information on the known and
anticipated impacts of this gear on
vulnerable marine ecosystems,
including benthos and benthic
communities.
(iii) provide a commitment, in its
proposal, to implement any Data
Collection Plan developed by the
Scientific Committee for the fishery.
6. On the basis of the information
submitted in accordance with paragraph
5, and taking into account the advice
and evaluation provided by the
Scientific Committee and the Standing
Committee on Implementation and
Compliance (SCIC), the Commission
shall annually consider adoption of
relevant conservation measures for each
exploratory fishery.
7. The Commission shall not consider
a notification by a Member unless the
information required by paragraph 5 has
been submitted by the due date.
8. Notwithstanding paragraph 7,
Members shall be entitled under
Conservation Measure 10–02 to
authorise participation in an exploratory
fishery by a vessel other than that
identified by the Commission in
accordance with paragraph 5 if the
notified vessel is prevented from
participation due to legitimate
operational or force majeure reasons. In
such circumstances the Member
concerned shall immediately inform the
Secretariat thereof providing:
(i) full details of the intended
replacement vessel(s) as prescribed in
subparagraph 5(i);
(ii) a comprehensive account of the
reasons justifying the replacement and
any relevant supporting evidence or
references. The Secretariat shall
immediately circulate this information
to all Members.
9. Members whose vessels participate
in exploratory fisheries in accordance
with paragraphs 5 and/or 8 shall:
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4089
(i) ensure that their vessels are
equipped and configured so that they
can comply with all relevant
conservation measures;
(ii) ensure that each vessel carries a
CCAMLR-designated scientific observer
to collect data in accordance with the
Data Collection Plan, and to assist in
collecting biological and other relevant
data;
(iii) annually (by the specified date)
submit to CCAMLR the data specified
by the Data Collection Plan;
(iv) be prohibited from continuing
participation in the relevant exploratory
fishing if the data specified in the Data
Collection Plan have not been submitted
to CCAMLR for the most recent season
in which fishing occurred, until the
relevant data have been submitted to
CCAMLR and the Scientific Committee
has been allowed an opportunity to
review the data.
10. A vessel on either of the IUU
Vessel Lists established under
Conservation Measures 10–06 and 10–
07 shall not be permitted to participate
in exploratory fisheries.
11. Notifications for exploratory
fisheries pursuant to the provisions
above shall be subject to an
administrative cost-recovery scheme
and shall therefore be accompanied by
a payment per vessel, the amount and
refundable component of which shall be
decided by the Commission, as well as
the conditions and modalities according
to which such payment shall be made.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
Conservation Measure 21–03 (2006) 1 2
Notifications of intent to participate in
a krill fishery
(Species: krill; Area: all; Season: all;
Gear: trawl)
All Contracting Parties intending to
fish for krill in the Convention Area
shall notify the Secretariat of their
intent not less than four (4) months in
advance of the regular annual meeting
of the Commission, immediately prior to
the season in which they intend to fish,
using the pro forma in Annex 21–03/A.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
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Conservation Measure 22–01 (1986)
Regulation on mesh size measurement
(this conservation measure
supplements Conservation Measure
22–02)
(Species: all; Area: all; Season: all; Gear:
trawl)
Article 1
Description of Gauges
1. Gauges to be used for determining
mesh sizes shall be 2 mm thick, flat, of
durable material and capable of
retaining their shape. They shall have
either a series of parallel-edged sides
connected by intermediate tapering
edges with a taper of one to eight on
each side, or only tapering edges with
the taper defined above. They shall have
a hole at the narrowest extremity.
2. Each gauge shall be inscribed on its
face with the width in millimeters both
on the parallelπsided section, if any,
and on the tapering section. In the case
of the latter the width shall be inscribed
every 1 mm interval and the indication
of the width shall appear at regular
intervals.
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Article 2
Use of the Gauge
1. The net shall be stretched in the
direction of the long diagonal of the
meshes.
2. A gauge as described in Article 1
shall be inserted by its narrowest
extremity into the mesh opening in a
direction perpendicular to the plane of
the net.
3. The gauge shall be inserted into the
mesh opening either with a manual
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force or using a weight or dynamometer,
until it is stopped at the tapering edges
by the resistance of the mesh.
Article 3
Selection of Meshes to be Measured
1. Meshes to be measured shall form
a series of 20 consecutive meshes
chosen in the direction of the long axis
of the net.
2. Meshes less than 50 cm from
lacings, ropes or codline shall not be
measured. This distance shall be
measured perpendicular to the lacings,
ropes or codline with the net stretched
in the direction of that measurement.
Nor shall any mesh be measured which
has been mended or broken or has
attachments to the net fixed at that
mesh.
3. By way of derogation from
paragraph 1, the meshes to be measured
need not be consecutive if the
application of paragraph 2 prevents it.
4. Nets shall be measured only when
wet and unfrozen.
Article 4
Measurement of Each Mesh
The size of each mesh shall be the
width of the gauge at the point where
the gauge is stopped, when using this
gauge in accordance with Article 2.
Article 5
Determination of the Mesh Size of the
Net
1. The mesh size of the net shall be
the arithmetical mean in millimetres of
the measurements of the total number of
meshes selected and measured as
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provided for in Articles 3 and 4, the
arithmetical mean being rounded up to
the next millimetre.
2. The total number of meshes to be
measured is provided for in Article 6.
Article 6
Sequence of Inspection Procedure
1. The inspector shall measure one
series of 20 meshes, selected in
accordance with Article 3, inserting the
gauge manually without using a weight
or dynamometer. The mesh size of the
net shall then be determined in
accordance with Article 5.
If the calculation of the mesh size
shows that the mesh size does not
appear to comply with the rules in
force, then two additional series of 20
meshes selected in accordance with
Article 3 shall be measured. The mesh
size shall then be recalculated in
accordance with Article 5, taking into
account the 60 meshes already
measured. Without prejudice to
paragraph 2, this shall be the mesh size
of the net.
2. If the captain of the vessel contests
the mesh size determined in accordance
with paragraph 1, such measurement
will not be considered for the
determination of the mesh size and the
net shall be remeasured.
A weight or dynamometer attached to
the gauge shall be used for
remeasurement.
The choice of weight or dynamometer
shall be at the discretion of the
inspector.
The weight shall be fixed to the hole
in the narrowest extremity of the gauge
using a hook. The dynamometer may
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either be fixed to the hole in the
narrowest extremity of the gauge or be
applied at the largest extremity of the
gauge.
The accuracy of the weight or
dynamometer shall be certified by the
appropriate national authority.
For nets of a mesh size of 35 mm or
less as determined in accordance with
paragraph 1, a force of 19.61 newtons
(equivalent to a mass of 2 kilograms)
shall be applied and for other nets, a
force of 49.03 newtons (equivalent to a
mass of 5 kilograms).
For the purposes of determining the
mesh size in accordance with Article 5
when using a weight or dynamometer,
one series of 20 meshes only shall be
measured.
Conservation Measure 22–02 (1984)
Mesh size (as amended in accordance
with Conservation Measure 22–03)
(Species: toothfish, target demersal;
Area: all; Season: all; Gear: trawl)
1. The use of pelagic and bottom
trawls having the mesh size in any part
of a trawl less than indicated is
prohibited for any directed fishery for:
Notothenia rossii, Dissostichus
eleginoides: 120 mm.
Gobionotothen gibberifrons,
Notothenia kempi, Lepidonotothen
squamifrons: 80 mm.
2. It is prohibited to use any means or
device which would obstruct or
diminish the size of the meshes.
3. This conservation measure does not
apply to fishing conducted for scientific
research purposes.
4. This measure will apply as of 1
September 1985.
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Conservation Measure 22–03 (1990) 1
Mesh size for Champsocephalus
gunnari
(Species: icefish; Area: all; Season: all;
Gear: trawl)
1. The use of pelagic and bottom
trawls having the mesh size in any part
of a trawl less than 90 mm is prohibited
for any directed fishery for
Champsocephalus gunnari.
2. The mesh size specified above is
defined in accordance with the
regulations on mesh size measurement,
Conservation Measure 22–01 (1986).
3. It is prohibited to use any means or
device which would obstruct or
diminish the size of the meshes.
4. This conservation measure does not
apply to fishing conducted for scientific
research purposes.
5. This measure will apply as of 1
November 1991.
6. Conservation Measure 22–02 is
amended accordingly.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
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Conservation Measure 22–04 (2006)
Interim prohibition of deep-sea
gillnetting
(Species: all; Area: all; Season: all; Gear:
gillnet)
The Commission,
Concerned that there have been
sightings of illegal, unreported and
unregulated (IUU) vessels fishing in the
Convention Area using gillnetting,
Also concerned that deep-sea
gillnetting in the Convention Area and
the associated ghost-fishing by lost or
discarded nets has serious detrimental
effects on the marine environment and
many species of marine living resources,
Aware of the large quantities of nontarget species, especially sharks and
rays, that are killed by deep-sea
gillnetting, and greatly concerned by the
impacts on their populations,
Desiring to clearly indicate to the
international community that the
Commission considers deep-sea
gillnetting to be a potentially destructive
fishing method, and a practice which
may undermine the ability of the
Commission to achieve its conservation
objective,
Noting that any application in respect
of scientific research is subject to the
requirements of Conservation Measure
24–01,
hereby adopts the following
conservation measure in accordance
with Article IX of the Convention:
1. The use of gillnets 1 in the
Convention Area, for purposes other
than scientific research, is prohibited
until such time as the Scientific
Committee has investigated and
reported on the potential impacts of this
gear and the Commission has agreed on
the basis of advice from the Scientific
Committee that such a method may be
used in the Convention Area.
2. The use of gillnets for scientific
research in waters shallower than 100
metres shall be permitted subject to the
requirements of Conservation Measure
24–01.
3. Proposals for the use of gillnets for
scientific research in waters deeper than
100 metres shall be notified in advance
to the Scientific Committee and be
approved by the Commission before
such research can commence.
4. Any vessel seeking to transit the
Convention Area carrying gillnets must
give advance notice of its intent,
including the expected dates of its
passage through the Convention Area, to
the Secretariat. Any vessel in possession
of gillnets within the Convention Area
which has not given such advance
notice shall be in breach of this
conservation measure.
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4091
1 Gillnets are strings of single, double or
triple netting walls, vertical, near the surface,
in midwater or on the bottom, in which fish
will gill, entangle or enmesh. Gillnets have
floats on the upper line (headrope) and, in
general, weights on the ground-line
(footrope). Gillnets consist of single or, less
commonly, double or triple netting (known
as ‘trammel net’) mounted together on the
same frame ropes. Several types of nets may
be combined in one gear (for example,
trammel net combined with gillnet). These
nets can be used either alone or, as is more
usual, in large numbers placed in line (‘fleets’
of nets). The gear can be set, anchored to the
bottom or left drifting, free or connected with
the vessel.
Conservation Measure 22–05 (2006)
Interim restrictions on the use of bottom
trawling gear in high-seas areas of the
Convention Area for the fishing
seasons 2006/07 and 2007/08
(Species: all; Area: high seas; Season:
2006/07, 2007/08; Gear: bottom trawl)
The Commission hereby adopts the
following conservation measure in
accordance with Article IX of the
Convention:
1. The use of bottom trawling gear in
the high-seas areas of the Convention
Area is restricted to areas for which the
Commission has conservation measures
in force for bottom trawling gear.
2. In 2007, the Scientific Committee
shall review the use of bottom trawling
gear in high-seas areas of the
Convention Area, including with
respect to relevant criteria for
determining what constitutes significant
harm to benthos and benthic
communities.
3. This conservation measure does not
apply to the use of bottom trawling gear
in conducting scientific research in the
Convention Area.
4. This conservation measure shall be
reviewed by the Commission in 2007
based on the best scientific evidence
available.
Conservation Measure 23–01 (2005)
Five-day Catch and Effort Reporting
System
(Species: all; Area: various; Season: all;
Gear: various)
This conservation measure is adopted
in accordance with Conservation
Measure 31–01 where appropriate:
1. For the purposes of this Catch and
Effort Reporting System the calendar
month shall be divided into six
reporting periods, viz: day 1 to day 5,
day 6 to day 10, day 11 to day 15, day
16 to day 20, day 21 to day 25 and day
26 to the last day of the month. These
reporting periods are hereinafter
referred to as periods A, B, C, D, E and
F.
2. At the end of each reporting period,
each Contracting Party shall obtain from
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each of its vessels its total catch of all
species, including by-catch species, and
total days and hours fished for that
period and shall, by facsimile or e-mail,
transmit the aggregated catch and days
and hours fished for its vessels. The
catch and effort data shall reach the
Executive Secretary not later than two
(2) working days after the end of the
reporting period. In the case of longline
fisheries, the number of hooks shall also
be reported. In the case of pot fisheries,
the number of pots shall also be
reported.
3. A report must be submitted by
every Contracting Party taking part in
the fishery for each reporting period for
the duration of the fishery even if no
catches are taken. A Contracting Party
may authorise each of its vessels to
report directly to the Secretariat.
4. Such reports shall specify the
month and reporting period (A, B, C, D,
E or F) to which each report refers.
5. Immediately after the deadline has
passed for receipt of the reports for each
period, the Executive Secretary shall
notify all Contracting Parties engaged in
fishing activities in the area, of the total
catch taken during the reporting period,
the total aggregate catch for the season
to date together with an estimate of the
date upon which the total allowable
catch is likely to be reached for that
season. In the case of exploratory
fisheries, the Executive Secretary shall
also notify the total aggregate catch for
the season to date in each small-scale
research unit (SSRU) together with an
estimate of the date upon which the
total allowable catch is likely to be
reached in each SSRU for that season.
Estimates shall be based on a projection
forward of the trend in daily catch rates,
obtained using linear regression
techniques from a number of the most
recent catch reports.
6. At the end of every six reporting
periods, the Executive Secretary shall
inform all Contracting Parties of the
total catch taken during the six most
recent reporting periods, the total
aggregate catch for the season to date
together with an estimate of the date
upon which the total allowable catch is
likely to be reached for that season.
7. If the estimated date of completion
of the total allowable catch is within
five days of the date on which the
Secretariat received the report of the
catches, the Executive Secretary shall
inform all Contracting Parties that the
fishery will close on that estimated day
or on the day on which the report was
received, whichever is the later. In the
case of exploratory fisheries, if the
estimated date of completion of the
catch in any SSRU is within five days
of the day on which the Secretariat
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received the report of catches, the
Executive Secretary shall additionally
inform all Contracting Parties, and their
relevant fishing vessels if so authorised,
that fishing in that SSRU will be
prohibited from that calculated day, or
on the day on which the report was
received, whichever is the later.
8. Should a Contracting Party, or
where a vessel is authorised to report
directly to the Secretariat, the vessel,
fail to transmit a report to the Executive
Secretary in the appropriate form by the
deadline specified in paragraph 2, the
Executive Secretary shall issue a
reminder to the Contracting Party. If at
the end of a further two five-day
periods, or, in the case of exploratory
fisheries, a further one five-day period,
those data have still not been provided,
the Executive Secretary shall notify all
Contracting Parties of the closure of the
fishery to the vessel which has failed to
supply the data as required and the
Contracting Party concerned shall
require the vessel to cease fishing. If the
Executive Secretary is notified by the
Contracting Party that the failure of the
vessel to report is due to technical
difficulties, the vessel may resume
fishing once the report or explanation
concerning the failure has been
submitted.
Conservation Measure 23–02 (1993)
Ten-day Catch and Effort Reporting
System
(Species: all; Area: various; Season: all;
Gear: various)
This conservation measure is adopted
in accordance with Conservation
Measure 31–01 where appropriate:
1. For the purposes of this Catch and
Effort Reporting System the calendar
month shall be divided into three
reporting periods, viz: day 1 to day 10,
day 11 day 20, day 21 to the last day of
the month. These reporting periods are
hereinafter referred to as periods A, B,
and C.
2. At the end of each reporting period,
each Contracting Party shall obtain from
each of its vessels its total catch and
total days and hours fished for that
period and shall, by cable, telex or
facsimile, transmit the aggregated catch
and days and hours fished for its vessels
so as to reach the Executive Secretary
not later than the end of the next
reporting period. In the case of longline
fisheries, the number of hooks shall also
be reported.
3. A report must be submitted by
every Contracting Party taking part in
the fishery for each reporting period for
the duration of the fishery even if no
catches are taken.
4. The retained catch of all species
and by-catch species, must be reported.
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5. Such reports shall specify the
month and reporting period (A, B and
C) to which each report refers.
6. Immediately after the deadline has
passed for receipt of the reports for each
period, the Executive Secretary shall
notify all Contracting Parties engaged in
fishing activities in the area, of the total
catch taken during the reporting period,
the total aggregate catch for the season
to date together with an estimate of the
date upon which the total allowable
catch is likely to be reached for that
season. The estimate shall be based on
a projection forward of the trend in
daily catch rates, obtained using linear
regression techniques from a number of
the most recent catch reports.
7. At the end of every three reporting
periods, the Executive Secretary shall
inform all Contracting Parties of the
total catch taken during the three most
recent reporting periods, the total
aggregate catch for the season to date
together with an estimate of the date
upon which the total allowable catch is
likely to be reached for that season.
8. If the estimated date of completion
of the TAC is within ten days of the date
on which the Secretariat received the
report of the catches, the Executive
Secretary shall inform all Contracting
Parties that the fishery will close on that
estimated day or on the day on which
the report was received, whichever is
the later.
Conservation Measure 23–03 (1991)
Monthly Catch and Effort Reporting
System
(Species: all; Area: various; Season: all;
Gear: various)
This conservation measure is adopted
in accordance with Conservation
Measure 31–01 where appropriate:
1. For the purposes of this Catch and
Effort Reporting System the reporting
period shall be defined as one calendar
month.
2. At the end of each reporting period,
each Contracting Party shall obtain from
each of its vessels its total catch and
total days and hours fished for that
period and shall, by cable or telex,
transmit the aggregated catch and days
and hours fished for its vessels so as to
reach the Executive Secretary not later
than the end of the next reporting
period.
3. Such reports shall specify the
month to which each report refers.
4. Immediately after the deadline has
passed for receipt of the reports for each
period, the Executive Secretary shall
notify all Contracting Parties of the total
catch taken during the reporting period,
the total aggregate catch for the season
to date together with an estimate of the
date upon which the total allowable
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catch is likely to be reached for that
season. The estimate shall be based on
a projection forward of the trend in
daily catch rates, obtained using linear
regression techniques from a number of
the most recent catch reports.
5. In the case of finfish, if the
estimated date of completion of the TAC
is within one reporting period of the
date on which the Secretariat received
the report of the catches, the Executive
Secretary shall inform all Contracting
Parties that the fishery will close on that
estimated day or on the day on which
the report was received, whichever is
the later.
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Conservation Measure 23–04 (2000) 1 2
Monthly Fine-Scale Catch and Effort
Data Reporting System for Trawl,
Longline and Pot Fisheries
(Species: all except krill; Area: all;
Season: all; Gear: all)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
31–01, where appropriate.
This conservation measure is invoked
by the conservation measures to which
it is attached.
1. Specification of ‘target species’ and
‘by-catch species’ referred to in this
conservation measure shall be made in
the conservation measure to which it is
attached.
2. At the end of each month each
Contracting Party shall obtain from each
of its vessels the data required to
complete the CCAMLR fine-scale catch
and effort data form (trawl fisheries
Form C1, longline fisheries Form C2, or
pot fisheries Form C5). It shall transmit
those data in the specified format to the
Executive Secretary not later than the
end of the following month.
3. The catch of all target and by-catch
species must be reported by species.
4. The numbers of seabirds and
marine mammals of each species caught
and released or killed must be reported.
5. Should a Contracting Party fail to
transmit the fine-scale catch and effort
data to the Executive Secretary in the
appropriate form by the deadline
specified in paragraph 2, the Executive
Secretary shall issue a reminder to the
Contracting Party. If at the end of a
further two months those data have still
not been provided, the Executive
Secretary shall notify all Contracting
Parties of the closure of the fishery to
vessels of the Contracting Party which
has failed to supply the data as required.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
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Conservation Measure 23–05 (2000)1 2
Monthly Fine-Scale Biological Data
Reporting System for Trawl, Longline
and Pot Fisheries
(Species: all except krill; Area: all;
Season: all; Gear: all)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
31–01, where appropriate.
This conservation measure is invoked
by the conservation measures to which
it is attached.
1. Specification of ‘target species’ and
‘by-catch species’ referred to in this
conservation measure shall be made in
the conservation measure to which it is
attached.
2. At the end of each month each
Contracting Party shall obtain from each
of its vessels representative samples of
length composition measurements of the
target species and by-catch species from
the fishery (Form B2). It shall transmit
those data in the specified form to the
Executive Secretary not later than the
end of the following month.
3. For the purpose of implementing
this conservation measure:
(i) length measurements of fish should
be of total length to the nearest
centimetre below;
(ii) a representative sample of length
composition should be taken from each
single fine-scale grid rectangle (0.5°
latitude by 1° longitude) in which
fishing occurs. In the event that the
vessel moves from one fine-scale grid
rectangle to another during the course of
a month, then a separate length
composition should be submitted for
each fine-scale grid rectangle.
4. Should a Contracting Party fail to
transmit the fine-scale length
composition data to the Executive
Secretary in the appropriate form by the
deadline specified in paragraph 2, the
Executive Secretary shall issue a
reminder to the Contracting Party. If at
the end of a further two months those
data have still not been provided, the
Executive Secretary shall notify all
Contracting Parties of the closure of the
fishery to vessels of the Contracting
Party which has failed to supply the
data as required.
1Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
Conservation Measure 23–06 (2005)
Data Reporting System for Krill
Fisheries
(Species: krill; Area: all; Season: all;
Gear: all)
1. This conservation measure is
invoked by the conservation measures
to which it is attached.
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2. Catches shall be reported in
accordance with the monthly catch and
effort reporting system set out in
Conservation Measure 23–03 according
to the statistical areas, subareas,
divisions or any other area or unit
specified with catch limits in
Conservation Measures 51–01, 51–02
and 51–03.
3. At the end of each fishing season
each Contracting Party shall obtain from
each of its vessels the haul-by-haul data
required to complete the CCAMLR finescale catch and effort data form (trawl
fisheries Form C1). It shall transmit
those data in the specified format to the
Executive Secretary not later than 1
April of the following year.
Conservation Measure 24–01 (2005)1 2
The application of conservation
measures to scientific research
(Species: all; Area: all; Season: all; Gear:
all)
This conservation measure governs
the application of conservation
measures to scientific research and is
adopted in accordance with Article IX
of the Convention.
1. General application:
(a) Catches taken by any vessel for
research purposes will be considered as
part of any catch limits in force for each
species taken unless the catch limit in
an area3 is set at zero.
(b) In the event of research being
undertaken in an area3 with a zero catch
limit, then the catches adopted under
paragraphs 2 or 3 below shall be
considered to be the catch limit for the
season in that area. When such an area
sits within a group of areas to which an
overall catch limit applies, that overall
catch limit shall not be exceeded
including any catch taken for research
purposes.
2. Application to Members taking less
than 50 tonnes of finfish in a season
including no more than the amounts
specified for finfish taxa in Annex 24–
01/B and less than 0.1% of a given catch
limit for non-finfish taxa indicated in
Annex 24–01/B:
(a) Any Member planning to use a
vessel or vessels for research purposes
when the estimated seasonal catch is as
above shall notify the Secretariat of the
Commission which in turn will notify
all Members immediately, according to
the format provided in Annex 24–01/A.
(b) Vessels to which the provisions of
paragraph 2(a) above apply, shall be
exempt from conservation measures
relating to mesh size regulations,
prohibition of types of gear, closed
areas, fishing seasons and size limits,
and reporting system requirements other
than those specified in paragraph 4
below.
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3. Application to Members taking
more than 50 tonnes of finfish or more
than the amounts specified for finfish
taxa in Annex 24–01/B or more than
0.1% of a given catch limit for nonfinfish taxa indicated in Annex 24–01/
B:
(a) Any Member planning to use any
type of vessel or vessels to conduct
fishing for research purposes when the
estimated seasonal catch is as above,
shall notify the Commission and
provide the opportunity for other
Members to review and comment on its
research plan. The plan shall be
provided to the Secretariat for
distribution to Members at least six
months in advance of the planned
starting date for the research. In the
event of any request for a review of such
plan being lodged within two months of
its circulation, the Executive Secretary
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shall notify all Members and submit the
plan to the Scientific Committee for
review. Based on the submitted research
plan and any advice provided by the
appropriate working group, the
Scientific Committee will provide
advice to the Commission where the
review process will be concluded. Until
the review process is complete the
planned fishing for research purposes
shall not proceed.
(b) Research plans shall be reported in
accordance with the standardised
guidelines and formats adopted by the
Scientific Committee, given in Annex
24–01/A.
4. Reporting requirements for these
research activities are:
(a) The CCAMLR within-season fiveday reporting system shall apply.
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(b) All research catches shall be
reported to CCAMLR as part of the
annual STATLANT returns.
(c) A summary of the results of any
research subject to the above provisions
shall be provided to the Secretariat
within 180 days of the completion of the
research fishing. A full report shall be
provided within 12 months.
(d) Catch, effort and biological data
resulting from research fishing should
be reported to the Secretariat according
to the haul-by-haul reporting format for
research vessels (C4).
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
3 Any management area including subarea,
division or SSRU, whichever is designated as
a zero catch limit.
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Conservation measure 24–02 (2005)
Longline weighting for seabird
conservation
(Species: seabirds; Area: selected;
Season: all; Gear: longline)
In respect of fisheries in Statistical
Subareas 48.6, 88.1 and 88.2 and
Statistical Divisions 58.4.1, 58.4.2,
58.4.3a, 58.4.3b and 58.5.2, paragraph 4
of Conservation Measure 25–02 shall
not apply only where a vessel can
demonstrate its ability to fully comply
with one of the following protocols.
Protocol A (for vessels monitoring
longline sink rate with Time-Depth
Recorders (TDRs) and using longlines to
which weights are manually attached):
A1. Prior to entry into force of the
licence for this fishery and once per
fishing season prior to entering the
Convention Area, the vessel shall, under
observation by a scientific observer:
(i) set a minimum of two longlines
with a minimum of four TDRs on the
middle one-third of each longline,
where:
(a) for vessels using the auto longline
system, each longline shall be at least
6,000 m in length;
(b) for vessels using the Spanish
longline system, each longline shall be
at least 16,000 m in length;
(c) for vessels using the Spanish
longline system, with longlines less
than 16,000 m in length, each longline
shall be of the maximum length to be
used by the vessel in the Convention
Area;
(d) for vessels using a longline system
other than an autoline or Spanish
longline system, each longline shall be
of the maximum length to be used by
the vessel in the Convention Area.
(ii) randomise TDR placement on the
longline, noting that all tests should be
applied midway between weights;
(iii) calculate an individual sink rate
for each TDR when returned to the
vessel, where:
(a) the sink rate shall be measured as
an average of the time taken for the
longline to sink from the surface (0 m)
to 15 m;
(b) this sink rate shall be at a
minimum rate of 0.3 m/s;
(iv) if the minimum sink rate is not
achieved at all eight sample points (four
tests on two longlines), continue the
testing until such time as a total of eight
tests with a minimum sink rate of
0.3 m/s are recorded;
(v) all equipment and fishing gear
used in the tests is to be to the same
specifications as that to be used in the
Convention Area.
A2. During fishing, for a vessel to be
allowed to maintain the exemption to
night-time setting requirements
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(paragraph 4 of Conservation Measure
25–02), regular longline sink monitoring
shall be undertaken by the CCAMLR
scientific observer. The vessel shall
cooperate with the CCAMLR observer
who shall:
(i) attempt to conduct a TDR test on
one longline set every twenty-four hour
period;
(ii) every seven days place at least
four TDRs on a single longline to
determine any sink rate variation along
the longline;
(iii) randomise TDR placement on the
longline, noting that all tests should be
applied halfway between weights;
(iv) calculate an individual longline
sink rate for each TDR when returned to
the vessel;
(v) measure the longline sink rate as
an average of the time taken for the
longline to sink from the surface (0 m)
to 15 m.
A3. The vessel shall:
(i) ensure that all longlines are
weighted to achieve a minimum
longline sink rate of 0.3 m/s at all times
whilst operating under this exemption;
(ii) report daily to its national agency
on the achievement of this target whilst
operating under this exemption;
(iii) ensure that data collected from
longline sink rate tests prior to entering
the Convention Area and longline sink
rate monitoring during fishing are
recorded in the CCAMLR-approved
format 1 and submitted to the relevant
national agency and CCAMLR Data
Manager within two months of the
vessel departing a fishery to which this
measure applies.
Protocol B (for vessels monitoring
longline sink rate with bottle tests and
using longlines to which weights are
manually attached):
B1. Prior to entry into force of the
licence for this fishery and once per
fishing season prior to entering the
Convention Area, the vessel shall, under
observation by a scientific observer:
(i) set a minimum of two longlines
with a minimum of four bottle tests (see
paragraphs B5 to B9) on the middle onethird of each longline, where:
(a) for vessels using the auto longline
system, each longline shall be at least
6,000 m in length;
(b) for vessels using the Spanish
longline system, each longline shall be
at least 16,000 m in length;
(c) for vessels using the Spanish
longline system, with longlines less
than 16,000 m in length, each longline
shall be of the maximum length to be
used by the vessel in the Convention
Area;
(d) for vessels using a longline system
other than an autoline or Spanish
longline system, each longline shall be
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of the maximum length to be used by
the vessel in the Convention Area;
(ii) randomise bottle test placement
on the longline, noting that all tests
should be applied midway between
weights;
(iii) calculate an individual sink rate
for each bottle test at the time of the test,
where:
(a) the sink rate shall be measured as
the time taken for the longline to sink
from the surface (0 m) to 10 m;
(b) this sink rate shall be at a
minimum rate of 0.3 m/s;
(iv) if the minimum sink rate is not
achieved at all eight sample points (four
tests on two longlines), continue the
testing until such time as a total of eight
tests with a minimum sink rate of
0.3 m/s are recorded;
(v) all equipment and fishing gear
used in the tests is to be to the same
specifications as that to be used in the
Convention Area.
B2. During fishing, for a vessel to be
allowed to maintain the exemption to
night-time setting requirements
(paragraph 4 of Conservation Measure
25–02), regular longline sink rate
monitoring shall be undertaken by the
CCAMLR scientific observer. The vessel
shall cooperate with the CCAMLR
observer who shall:
(i) attempt to conduct a bottle test on
one longline set every twenty-four hour
period;
(ii) every seven days conduct at least
four bottle tests on a single longline to
determine any sink rate variation along
the longline;
(iii) randomise bottle test placement
on the longline, noting that all tests
should be applied halfway between
weights;
(iv) calculate an individual longline
sink rate for each bottle test at the time
of the test;
(v) measure the longline sink rate as
the time taken for the longline to sink
from the surface (0 m) to 10 m.
B3. The vessel shall:
(i) ensure that all longlines are
weighted to achieve a minimum
longline sink rate of 0.3 m/s at all times
whilst operating under this exemption;
(ii) report daily to its national agency
on the achievement of this target whilst
operating under this exemption;
(iii) ensure that data collected from
longline sink rate tests prior to entering
the Convention Area and longline sink
rate monitoring during fishing are
recorded in the CCAMLR-approved
format 1 and submitted to the relevant
national agency and CCAMLR Data
Manager within two months of the
vessel departing a fishery to which this
measure applies.
B4. A bottle test is to be conducted as
described below.
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Bottle Set Up
B5. 10 m of 2 mm multifilament nylon
snood twine, or equivalent, is securely
attached to the neck of a 500–1,000 ml
plastic bottle 2 with a longline clip
attached to the other end. The length
measurement is taken from the
attachment point (terminal end of the
clip) to the neck of the bottle, and
should be checked by the observer every
few days.
B6. Reflective tape should be wrapped
around the bottle to allow it to be
observed in low light conditions and at
night.
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Test
B7. The bottle is emptied of water, the
stopper is left open and the twine is
wrapped around the body of the bottle
for setting. The bottle with the encircled
twine is attached to the longline,3
midway between weights (the
attachment point).
B8. The observer records the time at
which the attachment point enters the
water as t1 in seconds. The time at
which the bottle is observed to be
pulled completely under is recorded as
t2 in seconds.4 The result of the test is
calculated as follows:
Longline sink rate = 10 / (t2 ¥ t1).
B9. The result should be equal to or
greater than 0.3 m/s. These data are to
be recorded in the space provided in the
electronic observer logbook.
Protocol C (for vessels monitoring
longline sink rate with either (TDR) or
bottle tests, and using internally
weighted longlines with integrated
weight of at least 50 g/m and designed
to sink instantly with a linear profile at
greater than 0.2 m/s with no external
weights attached):
C1. Prior to entry into force of the
licence for this fishery and once per
fishing season prior to entering the
Convention Area, the vessel shall, under
observation by a scientific observer:
(i) set a minimum of two longlines
with either a minimum of four TDRs, or
a minimum of four bottle tests (see
paragraphs B5 to B9) on the middle onethird of each longline, where:
(a) for vessels using the auto longline
system, each longline shall be at least
6,000 m in length;
(b) for vessels using the Spanish
longline system, each longline shall be
at least 16,000 m in length;
(c) for vessels using the Spanish
longline system, with longlines less
than 16,000 m in length, each longline
shall be of the maximum length to be
used by the vessel in the Convention
Area;
(d) for vessels using a longline system
other than an autoline or Spanish
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longline system, each longline shall be
of the maximum length to be used by
the vessel in the Convention Area;
(ii) randomise TDR or bottle test
placement on the longline;
(iii) calculate an individual sink rate
for each TDR when returned to the
vessel, or for each bottle test at the time
of the test, where:
(a) the sink rate shall be measured as
an average of the time taken for the
longline to sink from the surface (0 m)
to 15 m for TDRs and the time taken for
the longline to sink from the surface
(0 m) to 10 m for bottle tests;
(b) this sink rate shall be at a
minimum rate of 0.2 m/s;
(iv) if the minimum sink rate is not
achieved at all eight sample points (four
tests on two longlines), continue the
testing until such time as a total of eight
tests with a minimum sink rate of 0.2
m/s are recorded;
(v) all equipment and fishing gear
used in the tests is to be to the same
specifications as that to be used in the
Convention Area.
C2. During fishing, for a vessel to be
allowed to maintain the exemption to
night-time setting requirements
(paragraph 4 of Conservation Measure
25–02), regular longline sink rate
monitoring shall be undertaken by the
CCAMLR scientific observer. The vessel
shall cooperate with the CCAMLR
observer who shall:
(i) attempt to conduct a TDR or bottle
test on one longline set every twentyfour hour period;
(ii) every seven days conduct at least
four TDR or bottle tests on a single
longline to determine any sink rate
variation along the longline;
(iii) randomise TDR or bottle test
placement on the longline;
(iv) calculate an individual longline
sink rate for each TDR when returned to
the vessel or each bottle test at the time
of the test;
(v) measure the longline sink rate for
bottle tests as the time taken for the
longline to sink from the surface (0 m)
to 10 m, or for TDRs the average of the
time taken for the longline to sink from
the surface (0 m) to 15 m.
C3. The vessel shall:
(i) ensure that all longlines are set so
as to achieve a minimum longline sink
rate of 0.2 m/s at all times whilst
operating under this exemption;
(ii) report daily to its national agency
on the achievement of this target whilst
operating under this exemption;
(iii) ensure that data collected from
longline sink rate tests prior to entering
the Convention Area and longline sink
rate monitoring during fishing are
recorded in the CCAMLR-approved
format 1 and submitted to the relevant
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national agency and CCAMLR Data
Manager within two months of the
vessel departing a fishery to which this
measure applies.
1 Included in the scientific observer
electronic logbook.
2 A plastic water bottle that has a ‘stopper’
is needed. The stopper of the bottle is left
open so that the bottle will fill with water
after being pulled under water. This allows
the plastic bottle to be re-used rather than
being crushed by water pressure.
3 On autolines attach to the backbone; on
the Spanish longline system attach to the
hookline.
4 Binoculars will make this process easier
to view, especially in foul weather.
Conservation Measure 25–02 (2005) 1 2
Minimisation of the incidental mortality
of seabirds in the course of longline
fishing or longline fishing research in
the Convention Area
(Species: seabirds; Area: all; Season: all;
Gear: longline)
The Commission,
Noting the need to reduce the
incidental mortality of seabirds during
longline fishing by minimising their
attraction to fishing vessels and by
preventing them from attempting to
seize baited hooks, particularly during
the period when the lines are set,
Recognising that in certain subareas
and divisions of the Convention Area
there is also a high risk that seabirds
will be caught during line hauling,
Adopts the following measures to
reduce the possibility of incidental
mortality of seabirds during longline
fishing.
1. Fishing operations shall be
conducted in such a way that
hooklines 3 sink beyond the reach of
seabirds as soon as possible after they
are put in the water.
2. Vessels using autoline systems
should add weights to the hookline or
use integrated weight hooklines while
deploying longlines. Integrated weight
(IW) longlines of a minimum of 50 g/m
or attachment to non-IW longlines of 5
kg weights at 50 to 60 m intervals are
recommended.
3. Vessels using the Spanish method
of longline fishing should release
weights before line tension occurs;
weights of at least 8.5 kg mass shall be
used, spaced at intervals of no more
than 40 m, or weights of at least 6 kg
mass shall be used, spaced at intervals
of no more than 20 m.
4. Longlines shall be set at night only
(i.e., during the hours of darkness
between the times of nautical
twilight 4 5. During longline fishing at
night, only the minimum ship’s lights
necessary for safety shall be used.
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5. The dumping of offal is prohibited
while longlines are being set. The
dumping of offal during the haul shall
be avoided. Any such discharge shall
take place only on the opposite side of
the vessel to that where longlines are
hauled. For vessels or fisheries where
there is not a requirement to retain offal
on board the vessel, a system shall be
implemented to remove fish hooks from
offal and fish heads prior to discharge.
6. Vessels which are so configured
that they lack on-board processing
facilities or adequate capacity to retain
offal on board, or the ability to discharge
offal on the opposite side of the vessel
to that where longlines are hauled, shall
not be authorised to fish in the
Convention Area.
7. A streamer line shall be deployed
during longline setting to deter birds
from approaching the hookline.
Specifications of the streamer line and
its method of deployment are given in
the appendix to this measure.
8. A device designed to discourage
birds from accessing baits during the
haul of longlines shall be employed in
those areas defined by CCAMLR as
average-to-high or high (Level of Risk 4
or 5) in terms of risk of seabird by-catch.
These areas are currently Statistical
Subareas 48.3, 58.6 and 58.7 and
Statistical Divisions 58.5.1 and 58.5.2.
9. Every effort should be made to
ensure that birds captured alive during
longlining are released alive and that
wherever possible hooks are removed
without jeopardising the life of the bird
concerned.
10. Other variations in the design of
mitigation measures may be tested on
vessels carrying two observers, at least
one appointed in accordance with the
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CCAMLR Scheme of International
Scientific Observation, providing that
all other elements of this conservation
measure are complied with.6 Full
proposals for any such testing must be
notified to the Working Group on Fish
Stock Assessment (WG–FSA) in
advance of the fishing season in which
the trials are proposed to be conducted.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
3 Hookline is defined as the groundline or
mainline to which the baited hooks are
attached by snoods.
4 The exact times of nautical twilight are
set forth in the Nautical Almanac tables for
the relevant latitude, local time and date. A
copy of the algorithm for calculating these
times is available from the CCAMLR
Secretariat. All times, whether for ship
operations or observer reporting, shall be
referenced to GMT.
5 Wherever possible, setting of lines should
be completed at least three hours before
sunrise (to reduce loss of bait to/catches of
white-chinned petrels).
6 The mitigation measures under test
should be constructed and operated taking
full account of the principles set out in WG–
FSA–03/22 (the published version of which
is available from the CCAMLR Secretariat
and Web site); testing should be carried out
independently of actual commercial fishing
and in a manner consistent with the spirit of
Conservation Measure 21–02.
Appendix to Conservation Measure 25–
02
1. The aerial extent of the streamer line,
which is the part of the line supporting the
streamers, is the effective seabird deterrent
component of a streamer line. Vessels are
encouraged to optimise the aerial extent and
ensure that it protects the hookline as far
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astern of the vessel as possible, even in
crosswinds.
2. The streamer line shall be attached to
the vessel such that it is suspended from a
point a minimum of 7 m above the water at
the stern on the windward side of the point
where the hookline enters the water.
3. The streamer line shall be a minimum
of 150 m in length and include an object
towed at the seaward end to create tension
to maximise aerial coverage. The object
towed should be maintained directly behind
the attachment point to the vessel such that
in crosswinds the aerial extent of the
streamer line is over the hookline.
4. Branched streamers, each comprising
two strands of a minimum of 3 mm diameter
brightly coloured plastic tubing 7 or cord,
shall be attached no more than 5 m apart
commencing 5 m from the point of
attachment of the streamer line to the vessel
and thereafter along the aerial extent of the
line. Streamer length shall range between
minimums of 6.5 m from the stern to 1 m for
the seaward end. When a streamer line is
fully deployed, the branched streamers
should reach the sea surface in the absence
of wind and swell. Swivels or a similar
device should be placed in the streamer line
in such a way as to prevent streamers being
twisted around the streamer line. Each
branched streamer may also have a swivel or
other device at its attachment point to the
streamer line to prevent fouling of individual
streamers.
5. Vessels are encouraged to deploy a
second streamer line such that streamer lines
are towed from the point of attachment each
side of the hookline. The leeward streamer
line should be of similar specifications (in
order to avoid entanglement the leeward
streamer line may need to be shorter) and
deployed from the leeward side of the
hookline.
7 Plastic tubing should be of a type that is
manufactured to be protected from ultraviolet
radiation.
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Conservation Measure 25–03 (2003) 1
Minimisation of the incidental mortality
of seabirds and marine mammals in
the course of trawl fishing in the
Convention Area
(Species: seabirds, marine mammals;
Area: all; Season: all; Gear: trawl)
The Commission,
Noting the need to reduce the
incidental mortality of or injury to
seabirds and marine mammals from
fishing operations,
Adopts the following measures to
reduce the incidental mortality of or
injury to seabirds and marine mammals
during trawl fishing.
1. The use of net monitor cables on vessels
in the CCAMLR Convention Area is
prohibited.
2. Vessels operating within the Convention
Area should at all times arrange the location
and level of lighting so as to minimise
illumination directed out from the vessel,
consistent with the safe operation of the
vessel.
3. The discharge of offal shall be prohibited
during the shooting and hauling of trawl
gear.
4. Nets should be cleaned prior to shooting
to remove items that might attract birds.
5. Vessels should adopt shooting and
hauling procedures that minimise the time
that the net is lying on the surface of the
water with the meshes slack. Net
maintenance should, to the extent possible,
not be carried out with the net in the water.
6. Vessels should be encouraged to develop
gear configurations that will minimise the
chance of birds encountering the parts of the
net to which they are most vulnerable. This
could include increasing the weighting or
decreasing the buoyancy of the net so that it
sinks faster, or placing coloured streamers or
other devices over particular areas of the net
where the mesh sizes create a particular
danger to birds.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
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Conservation Measure 26–01 (2006)1 2
General environmental protection
during fishing
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Concerned that certain activities
associated with fishing may affect the
Antarctic marine environment and that
these activities have played a notable
role in CCAMLR’s efforts to minimise
incidental mortality of non-target
species such as seabirds and seals,
Noting that previous CCAMLR
recommendations, and the provisions of
the MARPOL 73/78 Convention and its
Annexes, prohibit the disposal of all
plastics at sea, in the CCAMLR
Convention Area,
Noting various provisions of the
Protocol on Environmental Protection to
the Antarctic Treaty in particular its
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Annexes as well as related
Recommendations and Measures of the
Antarctic Treaty Consultative Meetings,
Recollecting that for many years
advice from the Scientific Committee
has indicated that significant numbers
of Antarctic fur seals have been
entangled and killed in plastic
packaging bands in the Convention
Area,
Noting the recommendations of
CCAMLR and the provisions of the
MARPOL Convention and its Annexes
which prohibit the jettisoning of all
plastics at sea and that entanglement of
fur seals is still continuing,
Recognising that the bait boxes used
on fishing vessels in particular and
other packages in general need not be
secured by plastic packaging bands
because suitable alternatives exist,
Adopts the following Conservation
Measure to minimise possible effects on
the marine environment arising from
fishing-related activities in the context
of mitigating incidental mortality of
non-target species and protecting the
marine environment in accordance with
Article IX of the Convention.
Disposal of Plastic Packaging Bands
1. The use on fishing vessels of plastic
packaging bands to secure bait boxes
shall be prohibited.
2. The use of other plastic packaging
bands for other purposes on fishing
vessels which do not use on-board
incinerators (closed systems) shall be
prohibited.
3. Any packaging bands, once
removed from packages, shall be cut, so
that they do not form a continuous loop
and at the earliest opportunity burned
in the on-board incinerator.
4. Any plastic residue shall be stored
on board the vessel until reaching port
and in no case discarded at sea.
Prohibition of Discharge in HighLatitude Fisheries
5. Vessels fishing south of 60°S shall
be prohibited from dumping or
discharging:
(i) Oil or fuel products or oily
residues into the sea, except as
permitted under Annex I of MARPOL
73/78;
(ii) Garbage;
(iii) Food wastes not capable of
passing through a screen with openings
no greater than 25 mm;
(iv) Poultry or parts (including egg
shells);
(v) Sewage within 12 n miles of land
or ice shelves, or sewage while the ship
is travelling at a speed of less than 4
knots;
(vi) Offal; or
(vii) Incineration ash.
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Translocation of Poultry
6. Live poultry or other living birds
shall not be brought into areas south of
60°S, and any dressed poultry not
consumed shall be removed from those
areas.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
Conservation Measure 31–01 (1986)
Regulation of fishing around South
Georgia (Statistical Subarea 48.3)
(Species: target; Area: 48.3; Season: all;
Gear: all)
Without prejudice to other
Conservation Measures adopted by the
Commission, for species upon which
fisheries are permitted around South
Georgia (Statistical Subarea 48.3), the
Commission shall, at its 1987 Meeting,
adopt limitations on catch, or equivalent
measures, binding for the 1987/88
season.
Such limitations of catch or
equivalent measures shall be based
upon the advice of the Scientific
Committee, taking into account any data
resulting from fishery surveys around
South Georgia.
For each fishing season after 1987/88,
the Commission shall establish such
limitations or other measures, as
necessary, around South Georgia on a
similar basis at the meeting of the
Commission immediately preceding that
season.
Conservation Measure 32–01 (2001)
Fishing seasons
(Species: all; Area: all; Season: all; Gear:
all)
The Commission hereby adopts the
following Conservation Measure in
accordance with Article IX of the
Convention:
The fishing season for all Convention
Area species is 1 December to 30
November of the following year, unless
otherwise set in specific Conservation
Measures.
Conservation Measure 32–02 (1998)
Prohibition of directed fishing for
finfish in Statistical Subarea 48.1
(Species: target finfish; Area: 48.1;
Season: all; Gear: all)
Taking of finfish, other than for
scientific research purposes, is
prohibited in Statistical Subarea 48.1
from 7 November 1998 until at least
such time that a survey of stock biomass
is carried out, its results reported to and
analysed by the Working Group on Fish
Stock Assessment and a decision that
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the fishery be reopened is made by the
Commission based on the advice of the
Scientific Committee.
Conservation Measure 32–03 (1998)
Prohibition of directed fishing for
finfish in Statistical Subarea 48.2
(Species: target finfish; Area: 48.2;
Season: all; Gear: all)
Taking of finfish, other than for
scientific research purposes, is
prohibited in Statistical Subarea48.2
from 7 November 1998 until at least
such time that a survey of stock biomass
is carried out, its results reported to and
analysed by the Working Group on Fish
Stock Assessment and a decision that
the fishery be reopened is made by the
Commission based on the advice of the
Scientific Committee.
Conservation Measure 32–04 (1986) 1
Prohibition of directed fishery on
Notothenia rossii in the Peninsula
area (Statistical Subarea 48.1)
(Species: rockcod; Area: 48.1; Season:
all; Gear: all)
The Commission hereby adopts the
following Conservation Measure in
accordance with Article IX of the
Convention:
Directed fishing on Notothenia rossii
in the Peninsula area (Statistical Area
48.1) is prohibited.
By-catches of Notothenia rossii in
fisheries directed to other species shall
be kept to the level allowing the
optimum recruitment to the stock.
1 This Conservation Measure remains in
force, but is currently encompassed within
the provisions in Conservation Measure 32–
02.
Conservation Measure 32–05 (1986) 1
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Prohibition of directed fishery on
Notothenia rossii around South
Orkneys (Statistical Subarea 48.2)
(Species: rockcod; Area: 48.2; Season:
all; Gear: all)
The Commission hereby adopts the
following Conservation Measure in
accordance with Article IX of the
Convention:
Directed fishing on Notothenia rossii
around South Orkneys (Statistical
Subarea 48.2) is prohibited.
By-catches of Notothenia rossii in
fisheries directed to other species shall
be kept to the level allowing the
optimum recruitment to the stock.
1 This Conservation Measure remains in
force, but is currently encompassed within
the provisions in Conservation Measure 32–
03.
Conservation Measure 32–06 (1985)
Prohibition of directed fishery on
Notothenia rossii around South
Georgia (Statistical Subarea 48.3)
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(Species: rockcod; Area: 48.3; Season:
all; Gear: all)
1. Directed fishing on Notothenia
rossii around South Georgia (Statistical
Subarea 48.3) is prohibited.
2. By-catches of Notothenia rossii in
fisheries directed to other species shall
be kept to the level allowing the
optimum recruitment to the stock.
Conservation Measure 32–07 (1999)
Prohibition of directed fishery on
Gobionotothen gibberifrons,
Chaenocephalus aceratus,
Pseudochaenichthys georgianus,
Lepidonotothen squamifrons and
Patagonotothen guntheri in Statistical
Subarea 48.3
(Species: target demersal; Area: 48.3;
Season: all; Gear: trawl)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
31–01:
Directed fishing on Gobionotothen
gibberifrons, Chaenocephalus aceratus,
Pseudochaenichthys georgianus,
Lepidonotothen squamifrons and
Patagonotothen guntheri in Statistical
Subarea 48.3 is prohibited until a
decision that the fishery be reopened is
made by the Commission based on the
advice of the Scientific Committee.
Conservation Measure 32–08 (1997)
Prohibition of directed fishing for
Lepidonotothen squamifrons in
Statistical Division 58.4.4 (Ob and
Lena Banks)
(Species: rockcod; Area: 58.4.4; Season:
all; Gear: all)
Directed fishing for Lepidonotothen
squamifrons, other than for scientific
research purposes, is prohibited in
Statistical Division 58.4.4 from 8
November 1997 until at least such time
that a survey of stock biomass is carried
out, its results reported to and analysed
by the Working Group on Fish Stock
Assessment and a decision that the
fishery be reopened is made by the
Commission based on the advice of the
Scientific Committee.
Conservation Measure 32–09 (2006)
Prohibition of directed fishing for
Dissostichus spp. except in
accordance with specific
Conservation Measures in the 2006/07
season
(Species: toothfish; Area: 48.5; Season:
2006/07; Gear: all)
The Commission hereby adopts the
following Conservation Measure in
accordance with Article IX of the
Convention:
Directed fishing for Dissostichus spp.
in Statistical Subarea 48.5 is prohibited
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from 1 December 2006 to 30 November
2007.
Conservation Measure 32–10 (2002)
Prohibition of directed fishing for
Dissostichus spp. in Statistical
Division 58.4.4 outside areas of
national jurisdiction
(Species: toothfish; Area: 58.4.4; Season:
all; Gear: all)
Taking of Dissostichus spp., other
than for scientific research purposes in
accordance with Conservation Measure
24–01, is prohibited in Statistical
Division 58.4.4 from 1 December 2002.
This prohibition shall apply until at
least such time that a survey of the
Dissostichus spp. stock in this division
is carried out, its results reported to and
analysed by the Working Group on Fish
Stock Assessment and a decision that
the fishery be reopened is made by the
Commission based on the advice of the
Scientific Committee.
Conservation Measure 32–11 (2002) 1 2
Prohibition of directed fishing for
Dissostichus eleginoides in Statistical
Subarea 58.6
(Species: toothfish; Area: 58.6; Season:
all; Gear: all)
Taking of Dissostichus eleginoides,
other than for scientific research
purposes in accordance with
Conservation Measure 24–01, is
prohibited in Statistical Subarea 58.6
from 1 December 2002. This prohibition
shall apply until at least such time that
a survey of the Dissostichus eleginoides
stock in this subarea is carried out, its
results reported to and analysed by the
Working Group on Fish Stock
Assessment and a decision that the
fishery be reopened is made by the
Commission based on the advice of the
Scientific Committee.
1 Except for waters adjacent to the Prince
Edward Islands.
2 Except for waters adjacent to the Crozet
Islands.
Conservation Measure 32–12 (1998) 1
Prohibition of directed fishing for
Dissostichus eleginoides in Statistical
Subarea 58.7
(Species: toothfish; Area: 58.7; Season:
all; Gear: all)
Taking of Dissostichus eleginoides,
other than for scientific research
purposes in accordance with
Conservation Measure 24–01, is
prohibited in Statistical Subarea 58.7
from 7 November 1998. This prohibition
shall apply until at least such time that
a survey of the Dissostichus eleginoides
stock in this subarea is carried out, its
results reported to and analysed by the
Working Group on Fish Stock
Assessment and a decision that the
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fishery be reopened is made by the
Commission based on the advice of the
Scientific Committee.
1 Except for waters adjacent to the Prince
Edward Islands.
Conservation Measure 32–13 (2003)
Prohibition of directed fishing for
Dissostichus eleginoides in Statistical
Division 58.5.1 outside areas of
national jurisdiction
(Species: toothfish; Area: 58.5.1; Season:
all; Gear: all)
Taking of Dissostichus eleginoides,
other than for scientific research
purposes in accordance with
Conservation Measure 24–01, is
prohibited in Statistical Division 58.5.1
outside areas of national jurisdiction
from 1 December 2003. This prohibition
shall apply until at least such time that
a survey of the Dissostichus eleginoides
stock in this division is carried out, its
results reported to and analysed by the
Working Group on Fish Stock
Assessment (WG-FSA) and a decision
that the fishery be reopened is made by
the Commission based on the advice of
the Scientific Committee.
survey of the Dissostichus spp. stock in
this subarea is carried out, its results
reported to and analysed by the
Working Group on Fish Stock
Assessment (WG–FSA) and a decision
that the fishery be reopened is made by
the Commission based on the advice of
the Scientific Committee.
Conservation Measure 32–16 (2003)
Prohibition of directed fishing for
Dissostichus spp. in Statistical
Subarea 88.3
(Species: toothfish; Area: 88.3; Season:
all; Gear: all)
Taking of Dissostichus spp., other
than for scientific research purposes in
accordance with Conservation Measure
24–01, is prohibited in Statistical
Subarea 88.3 from 1 December 2003.
This prohibition shall apply until at
least such time that a survey of the
Dissostichus spp. stock in this subarea
is carried out, its results reported to and
analysed by the Working Group on Fish
Stock Assessment (WG–FSA) and a
decision that the fishery be reopened is
made by the Commission based on the
advice of the Scientific Committee.
Conservation Measure 32–14 (2003)
Conservation Measure 32–17 (2003)
Prohibition of directed fishing for
Dissostichus eleginoides in Statistical
Division 58.5.2 east of 79°20′E and
outside the EEZ to the west of 79°20′E
(Species: toothfish; Area: 58.5.2; Season:
all; Gear: all)
Taking of Dissostichus eleginoides,
other than for scientific research
purposes in accordance with
Conservation Measure 24–01, is
prohibited in Statistical Division 58.5.2
east of 79°20′E and outside the EEZ to
the west of 79°20′E from 1 December
2003. This prohibition shall apply until
at least such time that a survey of the
Dissostichus eleginoides stock in this
division is carried out, its results
reported to and analysed by the
Working Group on Fish Stock
Assessment (WG-FSA) and a decision
that the fishery be reopened is made by
the Commission based on the advice of
the Scientific Committee.
Prohibition of directed fishing for
Electrona carlsbergi in Statistical
Subarea 48.3
(Species: lanternfish; Area: 48.3; Season:
all; Gear: all)
Taking of Electrona carlsbergi, other
than for scientific research purposes in
accordance with Conservation Measure
24–01, is prohibited in Statistical
Subarea 48.3 from 1 December 2003.
This prohibition shall apply until at
least such time that a survey of the
Electrona carlsbergi stock in this
subarea is carried out, its results
reported to and analysed by the
Working Group on Fish Stock
Assessment (WG–FSA) and a decision
that the fishery be reopened is made by
the Commission based on the advice of
the Scientific Committee; or a research
plan for an exploratory fishery is
submitted and approved by the
Scientific Committee consistent with
Conservation Measure 24–01.
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Conservation Measure 32–15 (2003)
Prohibition of directed fishing for
Dissostichus spp. in Statistical
Subarea 88.2 north of 65°S
(Species: toothfish; Area: 88.2; Season:
all; Gear: all)
Taking of Dissostichus spp., other
than for scientific research purposes in
accordance with Conservation Measure
24–01, is prohibited in Statistical
Subarea 88.2 north of 65°S from 1
December 2003. This prohibition shall
apply until at least such time that a
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Conservation Measure 32–18 (2006)
Conservation of sharks
(Species: sharks; Area: all; Season: all;
Gear: all)
The Commission,
Recalling the aims of the Convention,
and particularly its Article IX,
Recognising that the Food and
Agriculture Organization of the United
Nations (FAO), in its International Plan
of Action for the Conservation and
Management of Sharks, requests that
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States, within the framework of their
respective competencies and consistent
with international law, should strive to
cooperate through regional fisheries
management organisations with a view
to ensuring the sustainability of shark
stocks,
Mindful of the fact that a large number
of sharks are caught in fisheries
operating within the Convention Area
and that such catch may be
unsustainable,
Bearing in mind, furthermore, that,
pending the collection of information on
the status of shark stocks, it would be
appropriate to restrict and, if possible,
to reduce removals from these stocks,
Recognising the need to collect data
on catches, discards and trade in order
to manage and conserve sharks, hereby
adopts the following Conservation
Measure, in accordance with Article IX
of the Convention:
1. Directed fishing on shark species in
the Convention Area, for purposes other
than scientific research, is prohibited.
This prohibition shall apply until such
time as the Scientific Committee has
investigated and reported on the
potential impacts of this fishing activity
and the Commission has agreed on the
basis of advice from the Scientific
Committee that such fishing may occur
in the Convention Area.
2. Any by-catch of shark, especially
juveniles and gravid females, taken
accidentally in other fisheries, shall, as
far as possible, be released alive.
Conservation Measure 33–01 (1995)
Limitation of the by-catch of
Gobionotothen gibberifrons,
Chaenocephalus aceratus,
Pseudochaenichthys georgianus,
Notothenia rossii and Lepidonotothen
squamifrons in Statistical Subarea
48.3
(Species: bycatch; Area: 48.3; Season:
all; Gear: all)
This Conservation Measure is adopted
in accordance with Conservation
Measure 31–01: In any directed fishery
in Statistical Subarea 48.3 in any fishing
season, the by-catch of Gobionotothen
gibberifrons shall not exceed 1,470
tonnes; the by-catch of Chaenocephalus
aceratus shall not exceed 2,200 tonnes;
and the by-catch of Pseudochaenichthys
georgianus, Notothenia rossii and
Lepidonotothen squamifrons shall not
exceed 300 tonnes each. These limits
shall be kept under review by the
Commission taking into account the
advice of the Scientific Committee.
Conservation Measure 33–02 (2006)
Limitation of by-catch in Statistical
Division 58.5.2 in the 2006/07 season
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(Species: by-catch; Area: 58.5.2; Season:
2006/07; Gear: all)
1. There shall be no directed fishing
for any species other than Dissostichus
eleginoides and Champsocephalus
gunnari in Statistical Division 58.5.2 in
the 2006/07 fishing season.
2. In directed fisheries in Statistical
Division 58.5.2 in the 2006/07 season,
the by-catch of Channichthys
rhinoceratus shall not exceed 150
tonnes, the by-catch of Lepidonotothen
squamifrons shall not exceed 80 tonnes,
the by-catch of Macrourus spp. shall not
exceed 360 tonnes and the by-catch of
skates and rays shall not exceed 120
tonnes. For the purposes of this
measure, ‘Macrourus spp.’ and ‘skates
and rays’ should each be counted as a
single species.
3. The by-catch of any fish species not
mentioned in paragraph 2, and for
which there is no other catch limit in
force, shall not exceed 50 tonnes in
Statistical Division 58.5.2.
4. If, in the course of a directed
fishery, the by-catch in any one haul of
Channichthys rhinoceratus,
Lepidonotothen squamifrons,
Macrourus spp., Somniosus spp. or
skates and rays is equal to, or greater
than 2 tonnes, then the fishing vessel
shall not fish using that method of
fishing at any point within 5 n miles 1
of the location where the by-catch
exceeded 2-tonnes for a period of at
least five days 2. The location where the
by-catch exceeded 2-tonnes is defined
as the path 3 followed by the fishing
vessel.
5. If, in the course of a directed
fishery, the by-catch in any one haul of
any other by-catch species for which bycatch limitations apply under this
Conservation Measure is equal to, or
greater than 1 tonne, then the fishing
vessel shall not fish using that method
of fishing at any point within 5 n miles 1
of the location where the by-catch
exceeded 1 tonne for a period of at least
five days 2. The location where the bycatch exceeded 1 tonne is defined as the
path 3 followed by the fishing vessel.
1 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
appropriate definition of a fishing location by
the Commission.
2 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
3 For a trawl the path is defined from the
point at which the fishing gear was first
deployed from the fishing vessel to the point
at which the fishing gear was retrieved by the
fishing vessel. For a longline or a pot, the
path is defined from the point at which the
first anchor of a set was deployed to the point
at which the last anchor of that set was
deployed.
Conservation Measure 33–03 (2006) 1 2
Limitation of by-catch in new and
exploratory fisheries in the 2006/07
season
(Species: by-catch; Area: various;
Season: 2006/07; Gear: all)
1. This Conservation Measure applies
to new and exploratory fisheries in all
areas containing small-scale research
units (SSRUs) in the 2006/07 season,
except where specific by-catch
Conservation Measures apply.
2. The catch limits for all by-catch
species are set out in Annex 33–03/A.
Within these catch limits, the total catch
of by-catch species in any SSRU or
combination of SSRUs as defined in
relevant Conservation Measures shall
not exceed the following limits:
• Skates and rays 5% of the catch
limit of Dissostichus spp. or 50 tonnes
whichever is greater;
• Macrourus spp. 16% of the catch
limit for Dissostichus spp. or 20 tonnes,
whichever is greater;
• All other species combined 20
tonnes.
3. For the purposes of this measure
‘Macrourus spp.’ and ‘skates and rays’
should each be counted as a single
species.
4. If the by-catch of any one species
is equal to or greater than 1 tonne in any
one haul or set, then the fishing vessel
shall move to another location at least
5 n miles 3 distant. The fishing vessel
shall not return to any point within 5 n
miles of the location where the by-catch
exceeded 1 tonne for a period of at least
five days 4. The location where the bycatch exceeded 1 tonne is defined as the
path 5 followed by the fishing vessel.
5. If the catch of Macrourus spp. taken
by a single vessel in any two 10-day
periods 6 in a single SSRU exceeds 16%
of the catch of Dissostichus spp. by that
vessel in that SSRU in those periods, the
vessel shall cease fishing in that SSRU
for the remainder of the season.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
3 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
appropriate definition of a fishing location by
the Commission.
4 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
5 For a trawl the path is defined from the
point at which the fishing gear was first
deployed from the fishing vessel to the point
at which the fishing gear was retrieved by the
fishing vessel. For a longline the path is
defined from the point at which the first
anchor of a set was deployed to the point at
which the last anchor of that set was
deployed.
6 A 10-day period is defined as day 1 to day
10, day 11 to day 20, or day 21 to the last
day of the month.
Annex 33–03/A
TABLE 1.—BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN 2006/07
Dissostichus
spp. catch
limit (tonnes
per region)
Region
48.6 ..........
rwilkins on PROD1PC63 with NOTICES
Subarea/
division
north of 60° S ............................................................................................
south of 60° S ...........................................................................................
whole division ............................................................................................
whole division ............................................................................................
whole division ............................................................................................
whole division ............................................................................................
whole subarea ...........................................................................................
south of 65° S ...........................................................................................
58.4.1 .......
58.4.2 .......
58.4.3a .....
58.4.3b .....
88.1 ..........
88.2 ..........
Skates and
rays (tonnes
per region)
By-catch
catch limit
Macrourus
spp. (tonnes
per region)
Other species (tonnes
per SSRU)
455
455
600
780
250
300
3032
547
50
50
50
50
50
50
152
50
73
73
96
124
26
159
485
88
20
20
20
20
20
20
20
20
Region: As defined in column 2 of this table.
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Rules for catch limits for by-catch
species:
Skates and rays: 5% of the catch limit
for Dissostichus spp. or 50 tonnes,
which ever is greatest (SC–CAMLR–XXI,
paragraph 5.76).
Macrourus spp.: 16% of the catch
limit for Dissostichus spp., except in
Divisions 58.4.3a and 58.4.3b (SC–
CAMLR–XXII, paragraph 4.207).
Other species: 20 tonnes per SSRU.
Conservation Measure 41–01
(2006) 1 thnsp;2
rwilkins on PROD1PC63 with NOTICES
General measures for exploratory
fisheries for Dissostichus spp. in the
Convention Area in the 2006/07
season
(Species: toothfish; Area: various;
Season: 2006/07; Gear: longline,
trawl)
The Commission hereby adopts the
following Conservation Measure:
1. This Conservation Measure applies
to exploratory fisheries using the trawl
or longline methods except for such
fisheries where the Commission has
given specific exemptions to the extent
of those exemptions. In trawl fisheries,
a haul comprises a single deployment of
the trawl net. In longline fisheries, a
haul comprises the setting of one or
more lines in a single location.
2. Fishing should take place over as
large a geographical and bathymetric
range as possible to obtain the
information necessary to determine
fishery potential and to avoid overconcentration of catch and effort. To
this end, fishing in any small-scale
research unit (SSRU) shall cease when
the reported catch reaches the specified
catch limit 3 and that SSRU shall be
closed to fishing for the remainder of
the season.
3. In order to give effect to paragraph
2 above:
(i) The precise geographic position of
a haul in trawl fisheries will be
determined by the mid-point of the path
between the start-point and end-point of
the haul for the purposes of catch and
effort reporting;
(ii) The precise geographic position of
a haul/set in longline fisheries will be
determined by the centre-point of the
line or lines deployed for the purposes
of catch and effort reporting;
(iii) The vessel will be deemed to be
fishing in any SSRU from the beginning
of the setting process until the
completion of the hauling of all lines;
(iv) Catch and effort information for
each species by SSRU shall be reported
to the Executive Secretary every five
days using the Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
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(v) The Secretariat shall notify
Contracting Parties participating in
these fisheries when the total catch for
Dissostichus eleginoides and
Dissostichus mawsoni combined in any
SSRU is likely to reach the specified
catch limit, and of the closure of that
SSRU when that limit is reached. Upon
such notification from the Secretariat,
all fishing gear shall be hauled
immediately. No part of a trawl path
may lie within a closed SSRU and no
part of a longline may be set within a
closed SSRU.
4. The by-catch in each exploratory
fishery shall be regulated as in
Conservation Measure 33–03.
5. The total number and weight of
Dissostichus eleginoides and
Dissostichus mawsoni discarded,
including those with the ‘jellymeat’
condition, shall be reported.
6. Each vessel participating in the
exploratory fisheries for Dissostichus
spp. during the 2006/07 season shall
have one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing season.
7. The Data Collection Plan (Annex
41–01/A), Research Plan (Annex 41–01/
B) and Tagging Program (Annex 41–01/
C) shall be implemented. Data collected
pursuant to the Data Collection and
Research Plans for the period up to 31
August 2007 shall be reported to
CCAMLR by 30 September 2007 so that
the data will be available to the meeting
of the Working Group on Fish Stock
Assessment (WG–FSA) in 2007. Such
data taken after 31 August 2007 shall be
reported to CCAMLR not later than
three months after the closure of the
fishery, but, where possible, submitted
in time for the consideration of WG–
FSA.
8. Members who choose not to
participate in the fishery prior to the
commencement of the fishery shall
inform the Secretariat of changes in
their plans no later than one month
before the start of the fishery. If, for
whatever reason, Members are unable to
participate in the fishery, they shall
inform the Secretariat no later than one
week after finding that they cannot
participate. The Secretariat will inform
all Contracting Parties immediately after
such notification is received.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
3 Unless otherwise specified, the catch
limit for Dissostichus spp. shall be 100
tonnes in any SSRU except in respect of
Subarea 88.2.
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Annex 41–01/A
Data Collection Plan for Exploratory
Fisheries
1. All vessels will comply with the
Five-day Catch and Effort Reporting
System (Conservation Measure 23–01)
and Monthly Fine-scale Catch, Effort
and Biological Data Reporting Systems
(Conservation Measures 23–04 and 23–
05).
2. All data required by the CCAMLR
Scientific Observers Manual for finfish
fisheries will be collected. These
include:
(i) Position, date and depth at the start
and end of every haul;
(ii) Haul-by-haul catch and catch per
effort by species;
(iii) Haul-by-haul length frequency of
common species;
(iv) Sex and gonad state of common
species;
(v) Diet and stomach fullness;
(vi) Scales and/or otoliths for age
determination;
(vii) Number and mass by species of
by-catch of fish and other organisms;
(viii) Observation on occurrence and
incidental mortality of seabirds and
mammals in relation to fishing
operations.
3. Data specific to longline fisheries
will be collected. These include:
(i) Position and sea depth at each end
of every line in a haul;
(ii) Setting, soak and hauling times;
(iii) Number and species of fish lost
at surface;
(iv) Number of hooks set;
(v) Bait type;
(vi) Baiting success (%);
(vii) Hook type;
(viii) Sea and cloud conditions and
phase of the moon at the time of setting
the lines.
Annex 41–01/B
Research Plan for Exploratory Fisheries
1. Activities under this research plan
shall not be exempted from any
Conservation Measure in force.
2. This plan applies to all small-scale
research units (SSRUs) as defined in
Table 1 and Figure 1.
3. Except when fishing in Statistical
Subareas 88.1 and 88.2 (see paragraph
5), any vessel undertaking prospecting
or commercial fishing in any SSRU
must undertake the following research
activities:
(i) On first entry into an SSRU, the
first 10 hauls, designated ‘first series’,
whether by trawl or longline, shall be
designated ‘research hauls’ and must
satisfy the criteria set out in paragraph
4.
(ii) The next 10 hauls, or 10 tonnes of
catch for longlining, whichever trigger
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level is achieved first, or 10 tonnes of
catch for trawling, are designated the
‘second series’. Hauls in the second
series can, at the discretion of the
master, be fished as part of normal
exploratory fishing. However, provided
they satisfy the requirements of
paragraph 4, these hauls can also be
designated as research hauls.
(iii) On completion of the first and
second series of hauls, if the master
wishes to continue to fish within the
SSRU, the vessel must undertake a
‘third series’ which will result in a total
of 20 research hauls being made in all
three series. The third series of hauls
shall be completed during the same visit
as the first and second series in an
SSRU.
(iv) On completion of 20 research
hauls the vessel may continue to fish
within the SSRU.
4. To be designated as a research haul:
(i) Each research haul must be
separated by not less than 5 n miles
from any other research haul, distance
to be measured from the geographical
mid-point of each research haul;
(ii) Each haul shall comprise: for
longlines, at least 3,500 hooks and no
more than 10,000 hooks; this may
comprise a number of separate lines set
in the same location; for trawls, at least
30 minutes effective fishing time as
defined in the Draft Manual for Bottom
Trawl Surveys in the Convention Area
(SC–CAMLR–XI, Annex 5, Appendix H,
Attachment E, paragraph 4);
(iii) Each haul of a longline shall have
a soak time of not less than six hours,
measured from the time of completion
of the setting process to the beginning
of the hauling process.
5. In the exploratory fisheries in
Subareas 88.1 and 88.2, all data
specified in the Data Collection Plan
(Annex 41–01/A) of this Conservation
Measure shall be collected for every
haul; all fish of each Dissostichus
species in a haul (up to a maximum of
35 fish) are to be measured and
randomly sampled for biological studies
(paragraphs 2(iv) to (vi) of Annex 41–
01/A).
6. In all other exploratory fisheries, all
data specified in the Data Collection
Plan (Annex 41–01/A) of this
Conservation Measure shall be collected
for every research haul; in particular, all
fish in a research haul up to 100 fish are
to be measured and at least 30 fish
sampled for biological studies
(paragraphs 2(iv) to (vi) of Annex 41–
01/A). Where more than 100 fish are
caught, a method for randomly
subsampling the fish should be applied.
TABLE 1.—DESCRIPTION OF SMALL-SCALE RESEARCH UNITS (SSRUS)
[see also Figure 1]
Region
SSRU
Boundary line
48.6 ..........
A
B
C
D
E
F
A
B
From 50° S 20° W, due east to 30° E, due south to 60° S, due west to 20° W, due north to 50° S.
From 60° S 20° W, due east to 10° W, due south to coast, westward along coast to 20° W, due north to 60° S.
From 60° S 10° W, due east to 0° longitude, due south to coast, westward along coast to 10° W, due north to 60° S.
From 60° S 0° longitude, due east to 10° E, due south to coast, westward along coast to 0° longitude, due north to 60° S.
From 60° S 10° E, due east to 20° E, due south to coast, westward along coast to 10° E, due north to 60° S.
From 60° S 20° E, due east to 30° E, due south to coast, westward along coast to 20° E, due north to 60° S.
From 55° S 86° E, due east to 150° E, due south to 60° S, due west to 86° E, due north to 55° S.
From 60° S 86° E, due east to 90° E, due south to coast, westward along coast to 80° E, due north to 64° S, due east to
86° E, due north to 60° S.
From 60° S 90° E, due east to 100° E, due south to coast, westward along coast to 90° E, due north to 60° S.
From 60° S 100° E, due east to 110° E, due south to coast, westward along coast to 100° E, due north to 60° S.
From 60° S 110° E, due east to 120° E, due south to coast, westward along coast to 110° E, due north to 60° S.
From 60° S 120° E, due east to 130° E, due south to coast, westward along coast to 120° E, due north to 60° S.
From 60° S 130° E, due east to 140° E, due south to coast, westward along coast to 130° E, due north to 60° S.
From 60° S 140° E, due east to 150° E, due south to coast, westward along coast to 140° E, due north to 60° S.
From 62° S 30° E, due east to 40° E, due south to coast, westward along coast to 30° E, due north to 62° S.
From 62° S 40° E, due east to 50° E, due south to coast, westward along coast to 40° E, due north to 62° S.
From 62° S 50° E, due east to 60° E, due south to coast, westward along coast to 50° E, due north to 62° S.
From 62° S 60° E, due east to 70° E, due south to coast, westward along coast to 60° E, due north to 62° S.
From 62° S 70° E, due east to 73° 10’E, due south to 64° S, due east to 80° E, due south to coast, westward along coast
to 70° E, due north to 62° S.
Whole division, from 56° S 60° E, due east to 73° 10’E, due south to 62° S, due west to 60° E, due north to 56° S.
Whole division, from 56° S 73° 10’E, due east to 80° E, due north to 55° S, due east to 86° E, south to 64° S, due west to
73° 10’E, due north to 56° S.
From 51° S 40° E, due east to 42° E, due south to 54° S, due west to 40° E, due north to 51° S.
From 51° S 42° E, due east to 46° E, due south to 54° S, due west to 42° E, due north to 51° S.
From 51° S 46° E, due east to 50° E, due south to 54° S, due west to 46° E, due north to 51° S.
Whole division excluding SSRUs A, B, C, and with outer boundary from 50° S 30° E, due east to 60° E, due south to 62°
S, due west to 30° E, due north to 50° S.
From 45° S 40° E, due east to 44° E, due south to 48° S, due west to 40° E, due north to 45° S.
From 45° S 44° E, due east to 48° E, due south to 48° S, due west to 44° E, due north to 45° S.
From 45° S 48° E, due east to 51° E, due south to 48° S, due west to 48° E, due north to 45° S.
From 45° S 51° E, due east to 54° E, due south to 48° S, due west to 51° E, due north to 45° S.
From 45° S 37° E, due east to 40° E, due south to 48° S, due west to 37° E, due north to 45° S.
From 60° S 150° E, due east to 170° E, due south to 65° S, due west to 150° E, due north to 60° S.
From 60° S 170° E, due east to 179° E, due south to 66° 40’S, due west to 170° E, due north to 60° S.
From 60° S 179° E, due east to 170° W, due south to 70° S, due west to 178° W, due north to 66° 40’S, due west to 179°
E, due north to 60° S.
From 65° S 150° E, due east to 160° E, due south to coast, westward along coast to 150° E, due north to 65° S.
From 65° S 160° E, due east to 170° E, due south to 68° 30’S, due west to 160° E, due north to 65° S.
From 68° 30’S 160° E, due east to 170° E, due south to coast, westward along coast to 160° E, due north to 68° 30’S.
From 66° 40’S 170° E, due east to 178° W, due south to 70° S, due west to 178° 50’E, due south to 70° 50’S, due west
to 170° E, due north to 66° 40’S.
From 70° 50’S 170° E, due east to 178° 50’E, due south to 73° S, due west to coast, northward along coast to 170° E,
due north to 70° 50’S.
58.4.1 .......
58.4.2 .......
C
D
E
F
G
H
A
B
C
D
E
58.4.3a .....
58.4.3b .....
A
A
58.4.4 .......
A
B
C
D
58.6 ..........
A
B
C
D
A
A
B
C
rwilkins on PROD1PC63 with NOTICES
58.7 ..........
88.1 ..........
D
E
F
G
H
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4107
TABLE 1.—DESCRIPTION OF SMALL-SCALE RESEARCH UNITS (SSRUS)—Continued
[see also Figure 1]
SSRU
I
J
88.2 ..........
88.3 ..........
K
L
A
B
C
D
E
F
G
A
B
C
D
Boundary line
From 70° S
From 73° S
to 73° S.
From 73° S
From 76° S
From 60° S
From 60° S
From 60° S
From 60° S
From 60° S
From 60° S
From 60° S
From 60° S
From 60° S
From 60° S
From 60° S
178° 50’E, due east to 170° W, due south to 73° S, due west to 178° 50’E, due north to 70° S.
at coast near 169° 30’E, due east to 178° 50’E, due south to 80° S, due west to coast, northward along coast
178° 50’E, due east to 170° W, due south to 76° S, due west to 178° 50’E, due north to 73° S.
178° 50’E, due east to 170° W, due south to 80° S, due west to 178° 50’E, due north to 76° S.
170° W, due east to 160° W, due south to coast, westward along coast to 170° W, due north to 60° S.
160° W, due east to 150° W, due south to coast, westward along coast to 160° W, due north to 60° S.
150° W, due east to 140° W, due south to coast, westward along coast to 150° W, due north to 60° S.
140° W, due east to 130° W, due south to coast, westward along coast to 140° W, due north to 60° S.
130° W, due east to 120° W, due south to coast, westward along coast to 130° W, due north to 60° S.
120° W, due east to 110° W, due south to coast, westward along coast to 120° W, due north to 60° S.
110° W, due east to 105° W, due south to coast, westward along coast to 110° W, due north to 60° S.
105° W, due east to 95° W, due south to coast, westward along coast to 105° W, due north to 60° S.
95° W, due east to 85° W, due south to coast, westward along coast to 95° W, due north to 60° S.
85° W, due east to 75° W, due south to coast, westward along coast to 85° W, due north to 60° S.
75° W, due east to 70° W, due south to coast, westward along coast to 75° W, due north to 60° S.
rwilkins on PROD1PC63 with NOTICES
Annex 41–01/C
Tagging Program for Dissostichus SPP.
in Exploratory Fisheries
1. The responsibility for ensuring
tagging, tag recovery and correct
reporting shall lie with the Flag State of
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the fishing vessel. The fishing vessel
shall cooperate with the CCAMLR
scientific observer in undertaking the
tagging program.
2. This program shall apply in each
exploratory longline fishery, and any
vessel that participates in more then one
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exploratory fishery shall apply the
following in each exploratory fishery in
which that vessel fishes:
(i) Each longline vessel shall tag and
release Dissostichus spp. at a rate
specified in the Conservation Measure
for that fishery throughout the season
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according to the CCAMLR Tagging
Protocol1. Vessels shall only
discontinue tagging after they have
tagged 500 toothfish, or if they leave the
fishery having tagged toothfish at the
specified rate.
(ii) The program shall target toothfish
of all sizes in order to meet the tagging
requirement, only toothfish that are in
good condition shall be tagged and the
availability of these fish shall be
reported by the observer. All released
toothfish must be double-tagged and
releases should cover as broad a
geographical area as possible. In regions
where both species occur, the tagging
rate shall to the extent practicable be in
proportion to the species and sizes of
Dissostichus spp. present in the catches.
(iii) All tags shall be clearly imprinted
with a unique serial number and a
return address so that the origin of tags
can be traced in the case of recapture of
the tagged toothfish1. From 1 September
2007, all tags for use in exploratory
fisheries shall be sourced from the
Secretariat.
(iv) Recaptured tagged fish (i.e. fish
caught that have a previously inserted
tag) shall not be re-released, even if at
liberty for only a short period.
(v) All recaptured tagged fish should
be biologically sampled (length, weight,
sex, gonad stage), an electronic timestamped photograph taken of the fish
and tag2, the otoliths recovered and the
tag removed.
3. Toothfish that are tagged and
released shall not be counted against the
catch limits.
4. All relevant tag data and any data
recording tag recaptures shall be
reported electronically in the CCAMLR
format1 to the Executive Secretary (i) by
the vessel every month along with its
monthly fine-scale catch and effort (C2)
data, and (ii) by the observer as part of
the data reporting requirements for
observer data1.
5. All relevant tag data, any data
recording tag recaptures, and specimens
(tags and otoliths) from recaptures shall
also be reported electronically in the
CCAMLR format1 to the relevant
regional tag data repository as detailed
in the CCAMLR Tagging Protocol
(available at www.ccamlr.org).
In accordance with the CCAMLR Tagging
Protocol for exploratory fisheries which is
available from the Secretariat and included
in the scientific observer logbook forms.
2 For a single trial year (2006/07) observers
should take a time-stamped photographic
record of all tags recovered and forward these
photographs to the Secretariat.
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1
Conservation Measure 41–02 (2006)
Limits on the fishery for Dissostichus
eleginoides in Statistical Subarea 48.3
in the 2006/07 season
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(Species: toothfish; Area: 48.3; Season:
2006/07; Gear: longline, pot)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
31–01:
Access 1. The fishery for Dissostichus
eleginoides in Statistical Subarea 48.3
shall be conducted by vessels using
longlines and pots only.
2. For the purpose of this fishery, the
area open to the fishery is defined as
that portion of Statistical Subarea 48.3
that lies within the area bounded by
latitudes 52°30′S and 56°0′S and by
longitudes 33°30′W and 48°0′W.
3. A map illustrating the area defined
by paragraph 2 is appended to this
Conservation Measure (Annex 41–02/
A). The portion of Statistical Subarea
48.3 outside that defined above shall be
closed to directed fishing for
Dissostichus eleginoides in the 2006/07
season.
Catch Limit 4. The total catch of
Dissostichus eleginoides in Statistical
Subarea 48.3 in the 2006/07 season shall
be limited to 3–554 tonnes. The catch
limit shall be further subdivided
between the Management Areas shown
in Annex 41–02/A as follows:
Management Area A: 0 tonnes
Management Area B: 1,066 tonnes
Management Area C: 2,488 tonnes
Season 5. For the purpose of the
longline fishery for Dissostichus
eleginoides in Statistical Subarea 48.3,
the 2006/07 season is defined as the
period from 1 May to 31 August 2007,
or until the catch limit is reached,
whichever is sooner. For the purpose of
the pot fishery for Dissostichus
eleginoides in Statistical Subarea 48.3,
the 2006/07 season is defined as the
period from 1 December 2006 to 30
November 2007, or until the catch limit
is reached, whichever is sooner. The
season for longline fishing operations
may be extended to 14 September 2007
for any vessel which has demonstrated
full compliance with Conservation
Measure 25–02 in the 2005/06 season.
This extension to the season shall also
be subject to a catch limit of three (3)
seabirds per vessel. If three seabirds are
caught during the season extension,
fishing shall cease immediately for that
vessel.
By-catch 6. The by-catch of crab in
any pot fishery undertaken shall be
counted against the catch limit in the
crab fishery in Statistical Subarea 48.3.
7. The by-catch of finfish in the
fishery for Dissostichus eleginoides in
Statistical Subarea 48.3 in the 2006/07
season shall not exceed 177 tonnes for
skates and rays and 177 tonnes for
Macrourus spp. For the purpose of these
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by-catch limits, ‘‘Macrourus spp.’’ and
‘‘skates and rays’ shall each be counted
as a single species.
8. If the by-catch of any one species
is equal to or greater than 1 tonne in any
one haul or set, then the fishing vessel
shall move to another location at least
5 n miles1 distant. The fishing vessel
shall not return to any point within 5 n
miles of the location where the by-catch
exceeded 1 tonne for a period of at least
five days2. The location where the bycatch exceeded 1 tonne is defined as the
path3 followed by the fishing vessel.
Mitigation 9. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–02 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
Observers 10. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period.
Data: Catch/Effort
11. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
12. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus eleginoides and
by-catch species are defined as any
species other than Dissostichus
eleginoides.
13. The total number and weight of
Dissostichus eleginoides discarded,
including those with the ‘jellymeat’
condition, shall be reported. These fish
will count towards the total allowable
catch.
Data: Biological
14. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Research Fishing
15. Research fishing under the
provisions of Conservation Measure 24–
01 shall be limited to 10 tonnes of catch
and to one vessel in Management Area
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Conservation Measure 41–03 (2006)
Limits on the fishery for Dissostichus
eleginoides in Statistical Subarea 48.4 in
the 2005/06, 2006/07 and 2007/08
fishing seasons
(Species: toothfish; Area: 48.4; Season:
2005/06–2007/08; Gear: longline)
Access 1. Directed fishing shall be
by longlines only. The use of all other
methods of directed fishing for
Dissostichus eleginoides in Statistical
Subarea 48.4 shall be prohibited.
2. For the purpose of this fishery, the
area open to fishing is defined as that
portion of Statistical Subarea 48.4 that
lies within the area bounded by
latitudes 55°30′ S and 57°20′ S and by
longitudes 25°30′ W and 29°30′ W.
3. A map illustrating the area defined
by paragraph 2 is appended to this
Conservation Measure (Annex 41–03/
A). The portion of Statistical Subarea
48.4 outside that defined above shall be
closed to directed fishing for
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Environmental Protection
17. Conservation Measure 26–01
applies.
1 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
appropriate definition of a fishing location by
the Commission.
Dissostichus eleginoides in the 2005/06,
2006/07 and 2007/08 seasons.
Catch Limit 4. The total catch of
Dissostichus eleginoides in Statistical
Subarea 48.4 shall be limited to 100
tonnes per season.
5. Taking of Dissostichus mawsoni,
other than for scientific research
purposes, is prohibited.
Season 6. For the purposes of the
fishery for Dissostichus eleginoides in
Statistical Subarea 48.4, the fishing
season shall be 1 April to 30 September,
or until the catch limit for Dissostichus
eleginoides in Statistical Subarea 48.4 is
reached, whichever is sooner.
Mitigation 7. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–02 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
Observers 8. Each vessel
participating in the fishery for
Dissostichus eleginoides in Statistical
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2 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
3 For a longline or a pot, the path is defined
from the point at which the first anchor of
a set was deployed to the point at which the
last anchor of that set was deployed.
Subarea 48.4 shall have at least one
scientific observer appointed in
accordance with the ccamlr Scheme of
International Scientific Observation, on
board throughout all fishing activities
within the fishing period.
Data: Catch/Effort
9. For the purpose of implementing
this Conservation Measure, the
following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure-23–01;
(ii) the Monthly Fine-scale Catch and
Effort Data Reporting System set out in
Conservation Measure 23–04. Data shall
be reported on a haul–by–haul basis.
For the purposes of Conservation
Measure 23–04, the target species is
Dissostichus eleginoides, and ‘by-catch
species’ are defined as any species other
than Dissostichus eleginoides.
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EN29JA07.010
A shown in the map in Annex 41–02/
A during the 2006/07 season.
16. Catches of Dissostichus
eleginoides taken under the provisions
of Conservation Measure 24–01 in the
area of the fishery defined in this
Conservation Measure shall be
considered as part of the catch limit.
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Data: Biological
10. Fine-scale biological data, as
required under Conservation Measure
23–05 shall be collected and recorded.
Such data shall be reported in
accordance with the Scheme of
International Scientific Observation.
Tagging Program
11. Each vessel taking part in the
fishery for Dissostichus eleginoides in
Statistical Subarea 48.4 shall undertake
a tagging program in accordance with
the CCAMLR Tagging Protocol. The
following additional provisions shall
apply:
(i) fish should be tagged at an average
rate of five fish per tonne of green
weight catch throughout the season;
(ii) fish should be tagged that have
been caught across as broad a range of
depths within the designated area as
practicable;
(iii) fish of a range of total lengths
should be tagged, concentrating in
particular on animals in the vulnerable
size range (6501–000 mm).
Environmental Protection
12. Conservation Measure 26–01
applies.
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BILLING CODE 3510–22–C
Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Notices
Conservation Measure 41–04 (2006)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Subarea 48.6 in the 2006/07 season
(Species: toothfish; Area: 48.6; Season:
2006/2007; Gear: longline)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
21–02:
Access 1. Fishing for Dissosichus
spp. in Statistical Subarea 48.6 shall be
limited to the exploratory longline
fishery by Japan, Republic of Korea,
New Zealand and Norway. The fishery
shall be conducted by Japanese, Korean,
New Zealand and Norwegian flagged
vessels using longlines only. No more
than one vessel per country shall fish at
any one time.
Catch Limit 2. The total catch of
Dissosichus spp. in Statistical Subarea
48.6 in the 2006/07 season shall not
exceed a precautionary catch limit of
455 tonnes north of 60 ° S and 455
tonnes south of 60° S.
Season 3. For the purpose of the
exploratory longline fishery for
Dissosichus spp. in Statistical Subarea
48.6, the 2006/07 season is defined as
the period from 1 December 2006 to 30
November 2007.
By-Catch 4. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–03.
Mitigation 5. The exploratory
longline fishery for Dissosichus spp. in
Statistical Subarea 48.6 shall be carried
out in accordance with the provisions of
Conservation Measure 25–02, except
paragraph 4 (night setting), which shall
not apply as long as the requirements of
Conservation Measure 24–02 are met.1
6. Any vessel catching a total of three
(3) seabirds shall immediately revert to
night setting in accordance with
Conservation Measure 25–02.
Observers 7. Each vessel
participating in the fishery shall have at
least two scientific observers, one of
whom shall be an observer appointed in
accordance with the CCAMLR Scheme
of International Scientific Observation,
on board throughout all fishing
activities within the fishing period.
rwilkins on PROD1PC63 with NOTICES
Data: Catch/Effort
8. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) the Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
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9. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissosichus spp. and by–catch
species are defined as any species other
than Dissosichus spp.
Data: Biological
10. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Research 11. Each vessel
participating in this exploratory fishery
shall conduct fishery–based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively.
12. Toothfish shall be tagged at a rate
of at least one fish per tonne green
weight caught.
Environmental Protection
13. Conservation Measure 26–01
applies.
14. There shall be no offal discharge
in this fishery.
1 The Japanese-flagged vessel Shinsei Maru
No. 3 is exempted from the requirement to
conduct longline sink rate tests outside the
Convention Area when fishing at the end of
the 2005/06 season and into the 2006/07
season, provided that the vessel conducted
regular longline sink rate testing in 2005/06.
Conservation Measure 41–05 (2006)
Limits on the exploratory fishery for
Dissosichus spp. in Statistical
Division 58.4.2 in the 2006/07 season
(Species: toothfish; Area: 58.4.2; Season:
2006/2007; Gear: longline)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
21–02, and notes that this measure
would be for one year and that data
arising from these activities would be
reviewed by the Scientific Committee:
Access 1. Fishing for Dissosichus
spp. in Statistical Division 58.4.2 shall
be limited to the exploratory longline
fishery by Australia, Republic of Korea,
Namibia, New Zealand, Spain and
Uruguay. The fishery shall be conducted
by one (1) Australian, three (3) Korean,
one (1) Namibian, two (2) New Zealand,
one (1) Spanish and one (1) Uruguayan
flagged vessels using longlines only.
Catch Limit 2. The total catch of
Dissosichus spp. in Statistical Division
58.4.2 in the 2006/07 season shall not
exceed a precautionary catch limit of
780 tonnes, of which no more than 260
tonnes shall be taken in any one of the
five small-scale research units (SSRUs)
as detailed in Annex B of Conservation
Measure 41–01.
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4111
3. Catch limits for each of the SSRUs
for Statistical Division 58.4.2, shall be as
follows: A — 260 tonnes; B — 0 tonnes;
C — 260 tonnes; D — 0 tonnes; E — 260
tonnes.
Season 4. For the purpose of the
exploratory longline fishery for
Dissosichus spp. in Statistical Division
58.4.2, the 2006/07 season is defined as
the period from 1 December 2006 to 30
November 2007.
Fishing Operations
5. The exploratory longline fishery for
Dissosichus spp. in Statistical Division
58.4.2 shall be carried out in accordance
with the provisions of Conservation
Measure 41–01, except paragraph 6.
6. Fishing will be prohibited in
depths less than 550 m in order to
protect benthic communities.
By-Catch 7. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–03.
Mitigation 8. The exploratory
longline fishery for Dissosichus spp. in
Statistical Division 58.4.2 shall be
carried out in accordance with the
provisions of Conservation Measure 25–
02, except paragraph 4 (night setting)
shall not apply, providing that vessels
comply with Conservation Measure 24–
02.
9. Any vessel catching a total of three
(3) seabirds shall immediately revert to
night setting in accordance with
Conservation Measure 25–02.
Observers 10. Each vessel
participating in the fishery shall have at
least two scientific observers, one of
whom shall be an observer appointed in
accordance with the CCAMLR Scheme
of International Scientific Observation,
on board throughout all fishing
activities within the fishing period.
Research 11. Each vessel
participating in this exploratory fishery
shall conduct fishery–based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively.
12. Toothfish shall be tagged at a rate
of at least three fish per tonne green
weight caught.
Data: Catch/Effort
13. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) the Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
14. For the purpose of Conservation
Measures 23–01 and 23–04, the target
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species is Dissosichus spp. and by–catch
species are defined as any species other
than Dissosichus spp.
Data: Biological
15. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
rwilkins on PROD1PC63 with NOTICES
Environmental Protection
16. Conservation Measure 26–01
applies.
Conservation Measure 41–06 (2006)
Limits on the exploratory fishery for
Dissostichus spp. on Elan Bank
(Statistical Division 58.4.3a) outside
areas of national jurisdiction in the
2006/07 season
(Species: toothfish; Area: 58.4.3a;
Season: 2006/2007; Gear: longline)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
21–02:
Access 1. Fishing for Dissostichus
spp. on Elan Bank (Statistical Division
58.4.3a) outside areas of national
jurisdiction shall be limited to the
exploratory fishery by Japan, Republic
of Korea and Spain. The fishery shall be
conducted by Japanese, Korean and
Spanish flagged vessels using longlines
only. No more than one vessel per
country shall fish at any one time.
Catch Limit 2. The total catch of
Dissostichus spp. on Elan Bank
(Statistical Division 58.4.3a) outside
areas of national jurisdiction in the
2006/07 season shall not exceed a
precautionary catch limit of 250 tonnes.
Season 3. For the purpose of the
exploratory longline fishery for
Dissostichus spp. on Elan Bank
(Statistical Division 58.4.3a) outside
areas of national jurisdiction, the 2006/
07 season is defined as the period from
1 May to 31 August 2007, or until the
catch limit is reached, whichever is
sooner.
By-Catch 4. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–03.
Mitigation 5. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–02 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
6. The fishery on Elan Bank
(Statistical Division 58.4.3a) outside
areas of national jurisdiction, may take
place outside the prescribed season
(paragraph 3) provided that, prior to
entry into force of the licence and prior
to entering the Convention Area, each
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vessel shall demonstrate its capacity to
comply with longline weighting as
approved by the Scientific Committee
and described in Conservation Measure
24–02 and such data shall be reported
to the Secretariat immediately.
7. Should a total of three (3) seabirds
be caught by a vessel outside the normal
season (defined in paragraph 3), the
vessel shall cease fishing immediately
and shall not be permitted to fish
outside the normal fishing season for
the remainder of the 2006/07 fishing
season.
Observers 8. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period.
Data: Catch/Effort
9. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) the Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
10. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and by–
catch species are defined as any species
other than Dissostichus spp.
Data: Biological
11. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Research 12. Each vessel
participating in this exploratory fishery
shall conduct fishery–based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively.
13. Toothfish shall be tagged at a rate
of at least one fish per tonne green
weight caught.
Environmental Protection
14. Conservation Measure 26–01
applies.
Conservation Measure 41–07 (2006)
Limits on the exploratory fishery for
Dissostichus spp. on BANZARE Bank
(Statistical Division 58.4.3b) outside
areas of national jurisdiction in the
2006/07 season
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(Species: toothfish; Area: 58.4.3b;
Season: 2006/2007; Gear: longline)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
21–02:
Access 1. Fishing for Dissostichus
spp. on BANZARE Bank (Statistical
Division 58.4.3b) outside areas of
national jurisdiction shall be limited to
the exploratory fishery by Australia,
Japan, Republic of Korea, Namibia,
Spain and Uruguay. The fishery shall be
conducted by Australian, Japanese,
Korean, Namibian, Spanish and
Uruguayan flagged vessels using
longlines only. No more than one vessel
per country shall fish at any one time.
Catch Limit 2. The total catch of
Dissostichus spp. on BANZARE Bank
(Statistical Division 58.4.3b) outside
areas of national jurisdiction in the
2006/07 season shall not exceed a
precautionary catch limit of 300 tonnes.
Season 3. For the purpose of the
exploratory longline fishery for
Dissostichus spp. on BANZARE Bank
(Statistical Division 58.4.3b) outside
areas of national jurisdiction, the 2006/
07 season is defined as the period from
1 May to 31 August 2007, or until the
catch limit is reached, whichever is
sooner.
By-Catch 4. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–03.
Mitigation 5. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–02 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
6. The fishery on BANZARE Bank
(Statistical Division 58.4.3b) outside
areas of national jurisdiction, may take
place outside the prescribed season
(paragraph 3) provided that, prior to
entry into force of the licence and prior
to entering the Convention Area, each
vessel shall demonstrate its capacity to
comply with experimental lineweighting trials as approved by the
Scientific Committee and described in
Conservation Measure 24–02 and such
data shall be reported to the Secretariat
immediately.
7. Should a total of three (3) seabirds
be caught by a vessel outside the normal
season (defined in paragraph 3), the
vessel shall cease fishing immediately
and shall not be permitted to fish
outside the normal fishing season for
the remainder of the 2006/07 fishing
season.
Observers 8. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
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Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period.
Data: Catch/Effort
9. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) the Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
10. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and by–
catch species are defined as any species
other than Dissostichus spp.
Data: Biological
11. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Research 12. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively.
13. Toothfish shall be tagged at a rate
of at least one fish per tonne green
weight caught.
Environmental Protection
14. Conservation Measure 26–01
applies.
rwilkins on PROD1PC63 with NOTICES
Conservation Measure 41–08 (2006)
Limits on the fishery for Dissostichus
eleginoides in Statistical Division
58.5.2 in the 2006/07 season
(Species: toothfish; Area: 58.5.2; Season:
2006/2007; Gear: various)
Access 1. The fishery for
Dissostichus eleginoides in Statistical
Division 58.5.2 shall be conducted by
vessels using trawls, pots or longlines
only.
Catch Limit 2. The total catch of
Dissostichus eleginoides in Statistical
Division 58.5.2 in the 2006/07 season
shall be limited to 2,427 tonnes west of
79°20′E.
Season 3. For the purpose of the
trawl and pot fisheries for Dissostichus
eleginoides in Statistical Division
58.5.2, the 2006/07 season is defined as
the period from 1 December 2006 to 30
November 2007, or until the catch limit
is reached, whichever is sooner. For the
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purpose of the longline fishery for
Dissostichus eleginoides in Statistical
Division 58.5.2, the 2006/07 season is
defined as the period from 1 May to 31
August 2007, or until the catch limit is
reached, whichever is sooner. The
season for longline fishing operations
may be extended from 15 April to 30
April and 1 September to 30 September
2007 for any vessel which has
demonstrated full compliance with
Conservation Measure 25–02 in the
2005/06 season. These extensions to the
season will also be subject to a total
catch limit of three (3) seabirds per
vessel. If three seabirds are caught
during the season extension, fishing
throughout the season extensions shall
cease immediately for that vessel.
By-Catch 4. Fishing shall cease if the
by-catch of any species reaches its bycatch limit as set out in Conservation
Measure 33–02.
Mitigation 5. The operation of the
trawl fishery shall be carried out in
accordance with Conservation Measure
25–03 so as to minimise the incidental
mortality of seabirds and mammals
through the course of fishing. The
operation of the longline fishery shall be
carried out in accordance with
Conservation Measure 25–02, except
paragraph 4 (night setting) shall not
apply for vessels using integrated
weighted lines (IWLs) during the period
1 May to 30 September. Such vessels
may deploy IWL gear during daylight
hours if, prior to entry into force of the
licence and prior to entering the
Convention Area, each vessel shall
demonstrate its capacity to comply with
experimental line-weighting trials as
approved by the Scientific Committee
and described in Conservation Measure
24–02. During the period 15 April to 30
April, vessels shall use IWL gear and in
a manner that ensures lines are set and
hauled sequentially, in conjunction
with night setting and paired streamer
lines.
Observers 6. Each vessel
participating in this fishery shall have at
least one scientific observer, and may
include one appointed in accordance
with the CCAMLR Scheme of
International Scientific Observation, on
board throughout all fishing activities
within the fishing period, with the
exception of the period 15 April to 30
April when two scientific observers
shall be carried.
Data: Catch/Effort
7. For the purpose of implementing
this Conservation Measure, the
following shall apply:
(i) the Ten-day Catch and Effort
Reporting System set out in Annex 41–
08/A;
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(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Annex 41–08/A. Fine-scale data shall be
submitted on a haul-by-haul basis.
8. For the purpose of Annex 41–08/A,
the target species is Dissostichus
eleginoides and by-catch species are
defined as any species other than
Dissostichus eleginoides.
9. The total number and weight of
Dissostichus eleginoides discarded,
including those with the ‘jellymeat’
condition, shall be reported. These fish
will count towards the total allowable
catch.
Data: Biological
10. Fine-scale biological data, as
required under Annex 41–08/A, shall be
collected and recorded. Such data shall
be reported in accordance with the
CCAMLR Scheme of International
Scientific Observation.
Environmental Protection
11. Conservation Measure 26–01
applies.
Annex 41–08/A
Data Reporting System
A ten-day catch and effort reporting
system shall be implemented:
(i) for the purpose of implementing
this system, the calendar month shall be
divided into three reporting periods,
viz: day 1 to day 10, day 11 to day 20
and day 21 to the last day of the month.
The reporting periods are hereafter
referred to as periods A, B and C;
(ii) at the end of each reporting
period, each Contracting Party
participating in the fishery shall obtain
from each of its vessels information on
total catch and total days and hours
fished for that period and shall, by
cable, telex, facsimile or electronic
transmission, transmit the aggregated
catch and days and hours fished for its
vessels so as to reach the Executive
Secretary no later than the end of the
next reporting period;
(iii) a report must be submitted by
every Contracting Party taking part in
the fishery for each reporting period for
the duration of the fishery, even if no
catches are taken;
(iv) the catch of Dissostichus
eleginoides and of all by-catch species
must be reported;
(v) such reports shall specify the
month and reporting period (A, B and
C) to which each report refers;
(vi) immediately after the deadline
has passed for receipt of the reports for
each period, the Executive Secretary
shall notify all Contracting Parties
engaged in fishing activities in the
division of the total catch taken during
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the reporting period and the total
aggregate catch for the season to date;
(vii) at the end of every three
reporting periods, the Executive
Secretary shall inform all Contracting
Parties of the total catch taken during
the three most recent reporting periods
and the total aggregate catch for the
season to date.
A fine-scale catch, effort and
biological data reporting system shall be
implemented:
(i) the scientific observer(s) aboard
each vessel shall collect the data
required to complete the CCAMLR finescale catch and effort data form C1 for
trawl fishing, form C2 for longline
fishing, or form C5 for pot fishing, latest
versions. These data shall be submitted
to the CCAMLR Secretariat not later
than one month after the vessel returns
to port;
(ii) the catch of Dissostichus
eleginoides and of all by-catch species
must be reported;
(iii) the numbers of seabirds and
marine mammals of each species caught
and released or killed must be reported;
(iv) the scientific observer(s) aboard
each vessel shall collect data on the
length composition from representative
samples of Dissostichus eleginoides and
by-catch species:
(a) length measurements shall be to
the nearest centimetre below;
(b) representative samples of length
composition shall be taken from each
fine-scale grid rectangle (0.5° latitude by
1° longitude) fished in each calendar
month;
(v) the above data shall be submitted
to the CCAMLR Secretariat not later
than one month after the vessel returns
to port.
Conservation Measure 41–09 (2006)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Subarea 88.1 in the 2006/07 season
(Species: toothfish; Area: 88.1; Season:
2006/2007; Gear: longline)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
21–02:
Access 1. Fishing for Dissostichus
spp. in Statistical Subarea 88.1 shall be
limited to the exploratory longline
fishery by Argentina, Republic of Korea,
New Zealand, Norway, Russia, South
Africa, Spain, UK and Uruguay. The
fishery shall be conducted by a
maximum in the season of two (2)
Argentine, three (3) Korean, four (4)
New Zealand, one (1) Norwegian, two
(2) Russian, one (1) South African, one
(1) Spanish, two (2) UK and five (5)
Uruguayan flagged vessels using
longlines only.
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Catch Limit 2. The total catch of
Dissostichus spp. in Statistical Subarea
88.1 in the 2006/07 season shall not
exceed a precautionary catch limit of
3,032 tonnes applied as follows:
SSRU A—0 tonnes
SSRUs B, C and G—356 tonnes total
SSRU D—0 tonnes
SSRU E—0 tonnes
SSRU F—0 tonnes
SSRUs H, I and K—1,936 tonnes total
SSRU J —564 tonnes
SSRU L—176 tonnes.
Season 3. For the purpose of the
exploratory longline fishery for
Dissostichus spp. in Statistical Subarea
88.1, the 2006/07 season is defined as
the period from 1 December 2006 to 31
August 2007.
Fishing Operations
4. The exploratory longline fishery for
Dissostichus spp. in Statistical Subarea
88.1 shall be carried out in accordance
with the provisions of Conservation
Measure 41–01, except paragraph 6.
By-Catch 5. The total by-catch in
Statistical Subarea 88.1 in the 2006/07
season shall not exceed a precautionary
catch limit of 152 tonnes of skates and
rays, and 485 tonnes of Macrourus spp.
Within these total by-catch limits,
individual limits will apply as follows:
SSRU A—0 tonnes of any species
SSRUs B, C and G total—50 tonnes of
skates and rays, 57 tonnes of
Macrourus spp., 60 tonnes of other
species
SSRU D—0 tonnes of any species
SSRU E—0 tonnes of any species
SSRU F—0 tonnes of any species
SSRUs H, I and K total—97 tonnes of
skates and rays, 310 tonnes of
Macrourus spp., 60 tonnes of other
species
SSRU J—50 tonnes of skates and rays,
90 tonnes of Macrourus spp., 20
tonnes of other species
SSRU L—50 tonnes of skates and rays,
28 tonnes of Macrourus spp., 20
tonnes of other species.
The by-catch in this fishery shall be
regulated as set out in Conservation
Measure 33–03.
Mitigation 6. The exploratory
longline fishery for Dissostichus spp. in
Statistical Subarea 88.1 shall be carried
out in accordance with the provisions of
Conservation Measure 25–02, except
paragraph 4 (night setting), which shall
not apply as long as the requirements of
Conservation Measure 24–02 are met.
7. Any vessel catching a total of three
(3) seabirds shall immediately revert to
night setting in accordance with
Conservation Measure 25–02.
Observers 8. Each vessel
participating in the fishery shall have at
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least two scientific observers, one of
whom shall be an observer appointed in
accordance with the CCAMLR Scheme
of International Scientific Observation,
on board throughout all fishing
activities within the fishing period.
VMS 9. Each vessel participating in
this exploratory longline fishery shall be
required to operate a VMS at all times,
in accordance with Conservation
Measure 10–04.
CDS 10. Each vessel participating in
this exploratory longline fishery shall be
required to participate in the Catch
Documentation Scheme for Dissostichus
spp., in accordance with Conservation
Measure 10–05.
Research 11. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively. The setting of
research hauls (Conservation Measure
41–01, Annex B, paragraphs 3 and 4) is
not required.
12. Research fishing under
Conservation Measure 24–01 shall be
limited to 10 tonnes of Dissostichus spp.
green weight and a single vessel in each
of SSRUs A, D, E and F during the 2006/
07 season. Catches of Dissostichus spp.
taken in SSRUs A, D, E and F under the
provisions of Conservation Measure 24–
01 shall not be considered as part of the
catch limit for Statistical Subarea 88.1.
13. Toothfish shall be tagged at a rate
of at least one fish per tonne green
weight caught in each SSRU, except in
SSRUs A, D, E and F where, under the
10-tonne research fishing limit,
toothfish shall be tagged at a rate of at
least three fish per tonne green weight
caught.
Data: Catch/Effort
14. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
15. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and bycatch species are defined as any species
other than Dissostichus spp.
Data: Biological
16. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
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accordance with the CCAMLR Scheme
of International Scientific Observation.
Environmental Protection
17. Conservation Measure 26–01
applies.
Additional Elements
18. Fishing for Dissostichus spp. in
Statistical Subarea 88.1 shall be
prohibited within 10 n miles of the
coast of the Balleny Islands.
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Conservation Measure 41–10 (2006)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Subarea 88.2 in the 2006/07 season
(Species: toothfish; Area: 88.2; Season:
2006/2007; Gear: longline)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
21–02:
Access 1. Fishing for Dissostichus
spp. in Statistical Subarea 88.2 shall be
limited to the exploratory longline
fishery by Argentina, New Zealand,
Norway, Russia, Spain, UK and
Uruguay. The fishery shall be conducted
by a maximum in the season of two (2)
Argentine, four (4) New Zealand, one (1)
Norwegian, two (2) Russian, one (1)
Spanish, two (2) UK and four (4)
Uruguayan flagged vessels using
longlines only.
Catch Limit 2. The total catch of
Dissostichus spp. in Statistical Subarea
88.2 south of 65°S in the 2006/07 season
shall not exceed a precautionary catch
limit of 547 tonnes applied as follows:
SSRU A—0 tonnes
SSRU B—0 tonnes
SSRUs C, D, F and G—206 tonnes total
SSRU E—341 tonnes.
Season 3. For the purpose of the
exploratory longline fishery for
Dissostichus spp. in Statistical Subarea
88.2, the 2006/07 season is defined as
the period from 1 December 2006 to 31
August 2007.
4. The exploratory longline fishery for
Dissostichus spp. in Statistical Subarea
88.2 shall be carried out in accordance
with the provisions of Conservation
Measure 41–01, except paragraph 6.
By-Catch 5. The total by-catch in
Statistical Subarea 88.2 in the 2006/07
season shall not exceed a precautionary
catch limit of 50 tonnes of skates and
rays, and 88 tonnes of Macrourus spp.
Within these total by-catch limits,
individual limits will apply as follows:
SSRU A—0 tonnes of any species
SSRU B—0 tonnes of any species
SSRUs C, D, F, G—50 tonnes of skates
and rays, 33 tonnes of Macrourus
spp., 20 tonnes of other species in any
SSRU
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SSRU E—50 tonnes of skates and rays,
55 tonnes of Macrourus spp., 20
tonnes of other species.
The by-catch in this fishery shall be
regulated as set out in Conservation
Measure 33–03.
Mitigation 6. The exploratory
longline fishery for Dissostichus spp. in
Statistical Subarea 88.2 shall be carried
out in accordance with the provisions of
Conservation Measure 25–02, except
paragraph 4 (night setting), which shall
not apply as long as the requirements of
Conservation Measure 24–02 are met.
7. Any vessel catching a total of three
(3) seabirds shall immediately revert to
night setting in accordance with
Conservation Measure 25–02.
Observers 8. Each vessel
participating in the fishery shall have at
least two scientific observers, one of
whom shall be an observer appointed in
accordance with the CCAMLR Scheme
of International Scientific Observation,
on board throughout all fishing
activities within the fishing period.
VMS 9. Each vessel participating in
this exploratory longline fishery shall be
required to operate a VMS at all times,
in accordance with Conservation
Measure 10–04.
CDS 10. Each vessel participating in
this exploratory longline fishery shall be
required to participate in the Catch
Documentation Scheme for Dissostichus
spp., in accordance with Conservation
Measure 10–05.
Research 11. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively. The setting of
research hauls (Conservation Measure
41–01, Annex B, paragraphs 3 and 4) is
not required.
12. Research fishing under
Conservation Measure 24–01 shall be
limited to 10 tonnes of Dissostichus spp.
green weight and a single vessel in each
of SSRUs A and B during the 2006/07
season. Catches of Dissostichus spp.
taken under the provisions of
Conservation Measure 24–01 shall not
be considered as part of the catch limit
for Subarea 88.2.
13. Toothfish shall be tagged at a rate
of at least one fish per tonne green
weight caught in each SSRU, except in
SSRUs A and B where, under the 10tonne research fishing limit, toothfish
shall be tagged at a rate of at least three
fish per tonne green weight caught.
Data: Catch/Effort
14. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
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(i) the Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
15. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and bycatch species are defined as any species
other than Dissostichus spp.
Data: Biological
16. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Environmental Protection
17. Conservation Measure 26–01
applies.
Conservation Measure 41–11 (2006)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Division 58.4.1 in the 2006/07 season
(Species: toothfish; Area: 58.4.1; Season:
2006/2007; Gear: longline)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
21–02, and notes that this measure
would be for one year and that data
arising from these activities would be
reviewed by the Scientific Committee:
Access 1. Fishing for Dissostichus
spp. in Statistical Division 58.4.1 shall
be limited to the exploratory longline
fishery by Australia, Republic of Korea,
Namibia, New Zealand, Spain and
Uruguay. The fishery shall be conducted
by one (1) Australian, two (2) Korean,
one (1) Namibian, three (3) New
Zealand, one (1) Spanish and one (1)
Uruguayan flagged vessels using
longlines only.
Catch Limit 2. The total catch of
Dissostichus spp. in Statistical Division
58.4.1 in the 2006/07 season shall not
exceed a precautionary catch limit of
600 tonnes, of which no more than 200
tonnes shall be taken in any one of the
eight small-scale research units (SSRUs)
as detailed in Annex B of Conservation
Measure 41–01.
3. Catch limits for each of the SSRUs
for Statistical Division 58.4.1, shall be as
follows: A—0 tonnes; B—0 tonnes; C—
200 tonnes; D—0 tonnes; E—200 tonnes;
F—0 tonnes; G—200 tonnes; H—0
tonnes.
Season 4. For the purpose of the
exploratory longline fishery for
Dissostichus spp. in Statistical Division
58.4.1, the 2006/07 season is defined as
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the period from 1 December 2006 to 30
November 2007.
Fishing Operations
5. The exploratory longline fishery for
Dissostichus spp. in Statistical Division
58.4.1 shall be carried out in accordance
with the provisions of Conservation
Measure 41–01, except paragraph 6.
6. Fishing will be prohibited in
depths less than 550 m in order to
protect benthic communities.
By-catch 7. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–03.
Mitigation 8. The exploratory
longline fishery for Dissostichus spp. in
Statistical Division 58.4.1 shall be
carried out in accordance with the
provisions of Conservation Measure 25–
02, except paragraph 4 (night setting)
shall not apply, providing that vessels
comply with Conservation Measure 24–
02.
9. Any vessel catching a total of three
(3) seabirds shall immediately revert to
night setting in accordance with
Conservation Measure 25–02.
Observers 10. Each vessel
participating in the fishery shall have at
least two scientific observers, one of
whom shall be an observer appointed in
accordance with the CCAMLR Scheme
of International Scientific Observation,
on board throughout all fishing
activities within the fishing period.
Research 11. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively.
12. Toothfish shall be tagged at a rate
of at least three fish per tonne green
weight caught.
rwilkins on PROD1PC63 with NOTICES
Data: Catch/Effort
13. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) the Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
14. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and bycatch species are defined as any species
other than Dissostichus spp.
Data: Biological
15. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
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Jkt 211001
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Environmental Protection
16. Conservation Measure 26–01
applies.
17. There shall be no offal discharge
in this fishery.
Conservation Measure 42–01 (2006)
Limits on the fishery for
Champsocephalus gunnari in
Statistical Subarea 48.3 in the 2006/07
season
(Species: icefish; Area: 48.3; Season:
2006/2007; Gear: trawl)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
31–01:
Access 1. The fishery for
Champsocephalus gunnari in Statistical
Subarea 48.3 shall be conducted by
vessels using trawls only. The use of
bottom trawls in the directed fishery for
Champsocephalus gunnari in Statistical
Subarea 48.3 is prohibited.
2. Fishing for Champsocephalus
gunnari shall be prohibited within 12 n
miles of the coast of South Georgia
during the period 1 March to 31 May
(spawning period).
Catch Limit 3. The total catch of
Champsocephalus gunnari in Statistical
Subarea 48.3 in the 2006/07 season shall
be limited to 4 337 tonnes. The total
catch of Champsocephalus gunnari
taken in the period 1 March to 31 May
shall be limited to 1,084 tonnes.
4. Where any haul contains more than
100 kg of Champsocephalus gunnari,
and more than 10% of the
Champsocephalus gunnari by number
are smaller than 240 mm total length,
the fishing vessel shall move to another
fishing location at least 5 n miles
distant.1 The fishing vessel shall not
return to any point within 5 n miles of
the location where the catch of small
Champsocephalus gunnari exceeded
10%, for a period of at least five days. 2
The location where the catch of small
Champsocephalus gunnari exceeded
10% is defined as the path followed by
the fishing vessel from the point at
which the fishing gear was first
deployed from the fishing vessel to the
point at which the fishing gear was
retrieved by the fishing vessel.
Season 5. For the purpose of the
trawl fishery for Champsocephalus
gunnari in Statistical Subarea 48.3, the
2006/07 season is defined as the period
from 15 November 2006 to 14 November
2007, or until the catch limit is reached,
whichever is sooner.
By-Catch 6. The by-catch in this
fishery shall be regulated as set out in
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Conservation Measure 33–01. If, in the
course of the directed fishery for
Champsocephalus gunnari, the by-catch
in any one haul of any of the species
named in Conservation Measure 33–01
• is greater than 100 kg and exceeds
5% of the total catch of all fish by
weight, or
• is equal to or greater than 2 tonnes,
then
the fishing vessel shall move to another
location at least 5 n miles distant.1 The
fishing vessel shall not return to any
point within 5 n miles of the location
where the by-catch of species named in
Conservation Measure 33–01 exceeded
5% for a period of at least five days.2
The location where the by-catch
exceeded 5% is defined as the path
followed by the fishing vessel from the
point at which the fishing gear was first
deployed from the fishing vessel to the
point at which the fishing gear was
retrieved by the fishing vessel.
Mitigation 7. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–03 so as to minimise the incidental
mortality of seabirds in the course of the
fishery. Vessels are encouraged to use
net binding 3 as a means to reduce
seabird interactions.
8. Should any vessel catch a total of
20 seabirds, it shall cease fishing and
shall be excluded from further
participation in the fishery in the 2006/
07 season.
Observers 9. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period.
Data: Catch/Effort
10. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) the Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
11. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Champsocephalus gunnari
and by-catch species are defined as any
species other than Champsocephalus
gunnari.
Data: Biological
12. Fine-scale biological data, as
required under Conservation Measure
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Environmental Protection
14. Conservation Measure 26–01
applies.
1 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
appropriate definition of a fishing location by
the Commission.
2 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
3 See SC–CAMLR–XXV, Annex 5,
Appendix D, paragraph 59 for guidelines for
net binding.
Conservation Measure 42–02 (2006)
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Limits on the fishery for
Champsocephalus gunnari in
Statistical Division 58.5.2 in the 2006/
07 season
(Species: icefish; Area: 58.5.2; Season:
2006/2007; Gear: trawl)
Access 1. The fishery for
Champsocephalus gunnari in Statistical
Division 58.5.2 shall be conducted by
vessels using trawls only.
2. For the purpose of this fishery for
Champsocephalus gunnari, the area
open to the fishery is defined as that
portion of Statistical Division 58.5.2 that
lies within the area enclosed by a line:
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Jkt 211001
1. All fishing vessels taking part in the
fishery for Champsocephalus gunnari in
Statistical Subarea 48.3 between 1
March and 31 May shall be required to
conduct a minimum of 20 research
hauls, to be completed during that
period. Twelve research hauls shall be
carried out in the Shag Rocks-Black
Rocks area. These shall be distributed
between the four sectors illustrated in
Figure 1: Four each in the NW and SE
sectors, and two each in the NE and SW
sectors. A further eight research hauls
shall be conducted on the northwestern
shelf of South Georgia over water less
than 300 m deep, as illustrated in Figure
1.
2. Each research haul must be at least
5 n miles distant from all others. The
spacing of stations is intended to be
such that both areas are adequately
covered in order to provide information
on the length, sex, maturity and weight
composition of Champsocephalus
gunnari.
3. If concentrations of fish are located
en route to South Georgia, they should
be fished in addition to the research
hauls.
4. The duration of research hauls
must be of a minimum of 30 minutes
with the net at fishing depth. During the
day, the net must be fished close to the
bottom.
5. The catch of all research hauls shall
be sampled by the international
scientific observer on board. Samples
should aim to comprise at least 100 fish,
sampled using standard random
sampling techniques. All fish in the
sample should be at least examined for
length, sex and maturity determination,
and where possible, weight. More fish
should be examined if the catch is large
and time permits.
(i) starting at the point where the
meridian of longitude 72°15′E intersects
the Australia France Maritime
Delimitation Agreement Boundary then
south along the meridian to its
intersection with the parallel of latitude
53°25′S;
(ii) then east along that parallel to its
intersection with the meridian of
longitude 74°E;
(iii) then northeasterly along the
geodesic to the intersection of the
parallel of latitude 52°40′S and the
meridian of longitude 76°E;
(iv) then north along the meridian to
its intersection with the parallel of
latitude 52°S;
(v) then northwesterly along the
geodesic to the intersection of the
parallel of latitude 51°S with the
meridian of longitude 74°30′E;
(vi) then southwesterly along the
geodesic to the point of commencement.
3. A chart illustrating the above
definition is appended to this
Conservation Measure (Annex 42–02/
A). Areas in Statistical Division 58.5.2
outside that defined above shall be
closed to directed fishing for
Champsocephalus gunnari.
Catch Limit 4. The total catch of
Champsocephalus gunnari in Statistical
Division 58.5.2 in the 2006/07 season
shall be limited to 42 tonnes.
Annex 42–01/A
Research Trawls During Spawning
Season
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23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Research 13. Each vessel operating
in this fishery during the period 1
March to 31 May 2007 shall conduct
twenty (20) research trawls in the
manner described in Annex 42–01/A.
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5. Where any haul contains more than
100 kg of Champsocephalus gunnari,
and more than 10% of the
Champsocephalus gunnari by number
are smaller than the specified minimum
legal total length, the fishing vessel shall
move to another fishing location at least
5 n miles distant 1. The fishing vessel
shall not return to any point within 5 n
miles of the location where the catch of
small Champsocephalus gunnari
exceeded 10% for a period of at least
five days 2. The location where the catch
of small Champsocephalus gunnari
exceeded 10% is defined as the path
followed by the fishing vessel from the
point at which the fishing gear was first
deployed from the fishing vessel to the
point at which the fishing gear was
retrieved by the fishing vessel. The
minimum legal total length shall be 240
mm.
Season 6. For the purpose of the
trawl fishery for Champsocephalus
gunnari in Statistical Division 58.5.2,
the 2006/07 season is defined as the
period from 1 December 2006 to 30
November 2007, or until the catch limit
is reached, whichever is sooner.
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By-Catch 7. Fishing shall cease if the
by-catch of any species reaches its bycatch limit as set out in Conservation
Measure 33–02.
Mitigation 8. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–03 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
Observers 9. Each vessel
participating in this fishery shall have at
least one scientific observer, and may
include one appointed in accordance
with the CCAMLR Scheme of
International Scientific Observation, on
board throughout all fishing activities
within the fishing period.
Annex 42–02/B. Fine-scale data shall be
submitted on a haul-by-haul basis.
11. For the purpose of Annex 42–02/
B, the target species is
Champsocephalus gunnari and by-catch
species are defined as any species other
than Champsocephalus gunnari.
Data: Catch/Effort
1 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
appropriate definition of a fishing location by
the Commission.
2 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
10. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) the Ten-day Catch and Effort
Reporting System set out in Annex 42–
02/B;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
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Data: Biological
12. Fine-scale biological data, as
required under Annex 42–02/B, shall be
collected and recorded. Such data shall
be reported in accordance with the
CCAMLR Scheme of International
Scientific Observation.
Environmental Protection
13. Conservation Measure 26–01
applies.
BILLING CODE 3510–22–P
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Annex 42–02/B
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Data Reporting System
A ten-day catch and effort reporting
system shall be implemented:
(i) for the purpose of implementing
this system, the calendar month shall be
divided into three reporting periods,
viz: day 1 to day 10, day 11 to day 20
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and day 21 to the last day of the month.
The reporting periods are hereafter
referred to as periods A, B and C;
(ii) at the end of each reporting
period, each Contracting Party
participating in the fishery shall obtain
from each of its vessels information on
total catch and total days and hours
fished for that period and shall, by
cable, telex, facsimile or electronic
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4119
transmission, transmit the aggregated
catch and days and hours fished for its
vessels so as to reach the Executive
Secretary no later than the end of the
next reporting period;
(iii) a report must be submitted by
every Contracting Party taking part in
the fishery for each reporting period for
the duration of the fishery, even if no
catches are taken;
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(iv) the catch of Champsocephalus
gunnari and of all by-catch species must
be reported;
(v) such reports shall specify the
month and reporting period (A, B and
C) to which each report refers;
(vi) immediately after the deadline
has passed for receipt of the reports for
each period, the Executive Secretary
shall notify all Contracting Parties
engaged in fishing activities in the
division of the total catch taken during
the reporting period and the total
aggregate catch for the season to date;
(vii) at the end of every three
reporting periods, the Executive
Secretary shall inform all Contracting
Parties of the total catch taken during
the three most recent reporting periods
and the total aggregate catch for the
season to date.
A fine-scale catch, effort and
biological data reporting system shall be
implemented:
(i) the scientific observer(s) aboard
each vessel shall collect the data
required to complete the CCAMLR finescale catch and effort data form C1,
latest version. These data shall be
submitted to the CCAMLR Secretariat
not later than one month after the vessel
returns to port;
(ii) the catch of Champsocephalus
gunnari and of all by-catch species must
be reported;
(iii) the numbers of seabirds and
marine mammals of each species caught
and released or killed must be reported;
(iv) the scientific observer(s) aboard
each vessel shall collect data on the
length composition from representative
samples of Champsocephalus gunnari
and by-catch species:
(a) length measurements shall be to
the nearest centimetre below;
(b) representative samples of length
composition shall be taken from each
fine-scale grid rectangle (0.5° latitude by
1° longitude) fished in each calendar
month;
(v) the above data shall be submitted
to the CCAMLR Secretariat not later
than one month after the vessel returns
to port.
Conservation Measure 51–01 (2006)
Precautionary catch limitations on
Euphausia superba in Statistical Area
48
(Species: krill; Area: 48; Season: all;
Gear: trawl)
Catch Limit 1. The total catch of
Euphausia superba in Statistical Area
48 shall be limited to 4.0 million tonnes
in any fishing season.
2. The total catch shall be further
subdivided into statistical subareas as
follows:
Subarea 48.1—1.008 million tonnes
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Jkt 211001
Subarea 48.2—1.104 million tonnes
Subarea 48.3—1.056 million tonnes
Subarea 48.4—0.832 million tonnes
3. Precautionary catch limits to be
agreed by the Commission on the basis
of advice of the Scientific Committee
shall be applied to smaller management
units, or on such other basis as the
Scientific Committee may advise, if the
total catch in Statistical Area 48 in any
fishing season exceeds 620,000 tonnes.
4. This measure shall be kept under
review by the Commission, taking into
account the advice of the Scientific
Committee.
Season 5. A fishing season begins on
1 December and finishes on 30
November of the following year.
Data 6. For the purpose of
implementing this Conservation
Measure, the data requirements set out
in Conservation Measure 23–06 shall
apply.
Environmental Protection
7. Conservation Measure 26–01
applies.
Conservation Measure 51–02 (2006)
Precautionary catch limitation on
Euphausia superba in Statistical
Division 58.4.1
(Species: krill; Area: 58.4.1; Season: all;
Gear: trawl)
Catch Limit 1. The total catch of
Euphausia superba in Statistical
Division 58.4.1 shall be limited to
440,000 tonnes in any fishing season.
2. The total catch shall be further
subdivided into two subdivisions
within Statistical Division 58.4.1 as
follows: west of 115° E, 277,000 tonnes;
and east of 115° E, 163,000 tonnes.
3. This measure shall be kept under
review by the Commission, taking into
account the advice of the Scientific
Committee.
Season 4. A fishing season begins on
1 December and finishes on 30
November the following year.
Data 5. For the purposes of
implementing this Conservation
Measure, the data requirements set out
in Conservation Measure 23–06 shall
apply.
Environmental Protection
6. Conservation Measure 26–01
applies.
Conservation Measure 51–03 (2006)
Precautionary catch limitation on
Euphausia superba in Statistical
Division 58.4.2
(Species: krill; Area: 58.4.2; Season: all;
Gear: trawl)
Catch Limit 1. The total catch of
Euphausia superba in Statistical
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Division 58.4.2 shall be limited to
450,000 tonnes in any fishing season.
This limit shall be kept under review by
the Commission, taking into account the
advice of the Scientific Committee.
Season 2. A fishing season begins on
1 December and finishes on 30
November of the following year.
Data 3. For the purposes of
implementing this Conservation
Measure, the data requirements set out
in Conservation Measure 23–06 shall
apply.
Environmental Protection
4. Conservation Measure 26–01
applies.
Conservation Measure 52–01 (2006)
Limits on the fishery for crab in
Statistical Subarea 48.3 in the 2006/07
season
(Species: crab; Area: 48.3; Season: 2006/
07; Gear: pot)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measure
31–01:
Access 1. The fishery for crab in
Statistical Subarea 48.3 shall be
conducted by vessels using pots only.
The crab fishery is defined as any
commercial harvest activity in which
the target species is any member of the
crab group (Order Decapoda, Suborder
Reptantia).
2. The crab fishery shall be limited to
one vessel per Member.
3. Each Member intending to
participate in the crab fishery shall
notify the CCAMLR Secretariat at least
three months in advance of starting
fishing of the name, type, size,
registration number, radio call sign, and
research and fishing operations plan of
the vessel that the Member has
authorised to participate in the crab
fishery.
Catch Limit 4. The total catch of
crab in Statistical Subarea 48.3 in the
2006/07 season shall not exceed a
precautionary catch limit of 1,600
tonnes.
5. The crab fishery shall be limited to
sexually mature male crabs—all female
and undersized male crabs caught shall
be released unharmed. In the case of
Paralomis spinosissima and Paralomis
formosa, males with a minimum
carapace width of 94 and 90 mm
respectively, may be retained in the
catch.
Season 6. For the purpose of the pot
fishery for crab in Statistical Subarea
48.3, the 2006/07 season is defined as
the period from 1 December 2006 to 30
November 2007, or until the catch limit
is reached, whichever is sooner.
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By-Catch 7. The by-catch of
Dissostichus eleginoides shall be
counted against the catch limit in the
fishery for Dissostichus eleginoides in
Statistical Subarea 48.3.
Observers 8. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period. Scientific observers
shall be afforded unrestricted access to
the catch for statistical random
sampling prior to, as well as after,
sorting by the crew.
Data: Catch/Effort
9. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) the Ten-day Catch and Effort
Reporting System set out in
Conservation Measure 23–02;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
10. For the purpose of Conservation
Measures 23–02 and 23–04 the target
species is crab and by-catch species are
defined as any species other than crab.
Data: Biological
11. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Research 12. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the data requirements
described in Annex 52–01/A and the
experimental harvest regime described
in Conservation Measure 52–02. Data
collected for the period up to 31 August
2007 shall be reported to CCAMLR by
30 September 2007 so that the data will
be available to the meeting of the
Working Group on Fish Stock
Assessment (WG–FSA) in 2007. Such
data collected after 31 August 2007 shall
be reported to CCAMLR not later than
three months after the closure of the
fishery.
Environmental Protection
13. Conservation Measure 26–01
applies.
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Annex 52–01/A
Data Requirements on the Crab Fishery
in Statistical Subarea 48.3
Catch and Effort Data:
Cruise Descriptions
Cruise code, vessel code, permit
number, year.
Pot Descriptions
Diagrams and other information,
including pot shape, dimensions, mesh
size, funnel position, aperture and
orientation, number of chambers,
presence of an escape port.
Effort Descriptions
Date, time, latitude and longitude of
the start of the set, compass bearing of
the set, total number of pots set, spacing
of pots on the line, number of pots lost,
depth, soak time, bait type.
Catch Descriptions
Retained catch in numbers and
weight, by-catch of all species (see Table
1), incremental record number for
linking with sample information.
TABLE 1.—DATA REQUIREMENTS FOR BY-CATCH SPECIES IN THE CRAB FISHERY IN STATISTICAL SUBAREA 48.3
Species
Data requirements
Dissostichus eleginoides ..........................................................................................................................
Notothenia rossii ......................................................................................................................................
Other species ...........................................................................................................................................
Biological Data:
For these data, crabs are to be
sampled from the line hauled just prior
to noon, by collecting the entire
contents of a number of pots spaced at
intervals along the line so that between
35 and 50 specimens are represented in
the subsample.
Cruise Descriptions
Cruise code, vessel code, permit
number.
Sample Descriptions
Date, position at start of the set,
compass bearing of the set, line number.
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Data
Species, sex, length of at least 35
individuals, presence/absence of
rhizocephalan parasites, record of the
destination of the crab (kept, discarded,
destroyed), record of the pot number
from which the crab comes.
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Jkt 211001
Conservation Measure 52–02 (2006)
Experimental harvest regime for the crab
fishery in Statistical Subarea 48.3 in
the 2006/07 season
(Species: crab; Area: 48.3; Season: 2006/
07; Gear: pot)
The following measures apply to all
crab fishing within Statistical Subarea
48.3 in the 2006/07 fishing season.
Every vessel participating in the crab
fishery in Statistical Subarea 48.3 shall
conduct fishing operations in
accordance with an experimental
harvest regime as outlined below:
1. Vessels shall conduct the
experimental harvest regime in the
2006/07 season at the start of their first
season of participation in the crab
fishery and the following conditions
shall apply:
(i) every vessel when undertaking an
experimental harvesting regime shall
expend its first 200,000 pot hours of
effort within a total area delineated by
twelve blocks of 0.5° latitude by 1.0°
longitude. For the purposes of this
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Numbers and estimated total weight.
Numbers and estimated total weight.
Estimated total weight.
Conservation Measure, these blocks
shall be numbered A to L. In Annex 52–
02/A, the blocks are illustrated (Figure
1), and the geographic position is
denoted by the coordinates of the
northeast corner of the block. For each
string, pot hours shall be calculated by
taking the total number of pots on the
string and multiplying that number by
the soak time (in hours) for that string.
Soak time shall be defined for each
string as the time between start of
setting and start of hauling;
(ii) vessels shall not fish outside the
area delineated by the 0.5° latitude by
1.0° longitude blocks prior to
completing the experimental harvesting
regime;
(iii) vessels shall not expend more
than 30,000 pot hours in any single
block of 0.5° latitude by 1.0° longitude;
(iv) if a vessel returns to port before
it has expended 200,000 pot hours in
the experimental harvesting regime, the
remaining pot hours shall be expended
before it can be considered that the
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6. Fishing vessels shall participate in
the experimental harvest regime
independently (i.e. vessels may not
cooperate to complete phases of the
experiment).
7. Crabs taken by any vessel for
research purposes will be considered as
part of any catch limits in force for each
species taken, and shall be reported to
CCAMLR as part of the annual
STATLANT returns.
8. All vessels participating in the
experimental harvest regime shall carry
at least one scientific observer on board
during all fishing activities.
2006/07 season is defined as the period
from 1 December 2006 to 30 November
2007, or until the catch limit is reached,
whichever is sooner.
Observers 4. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period.
data shall be submitted on a haul-byhaul basis.
6. For the purpose of Conservation
Measures 23–02 and 23–04, the target
species is Martialia hyadesi and bycatch species are defined as any species
other than Martialia hyadesi.
Limits on the exploratory fishery for
Martialia hyadesi in Statistical
Subarea 48.3 in the 2006/07 season
(Species: squid; Area: 48.3; Season:
2006/07; Gear: jig)
The Commission hereby adopts the
following Conservation Measure in
accordance with Conservation Measures
21–02 and 31–01:
Access 1. Fishing for Martialia
hyadesi in Statistical Subarea 48.3 shall
be limited to the exploratory jig fishery
by notifying countries. The fishery shall
be conducted by vessels using jigs only.
Catch Limit 2. The total catch of
Martialia hyadesi in Statistical Subarea
48.3 in the 2006/07 season shall not
exceed a precautionary catch limit of
2,500 tonnes.
Season 3. For the purpose of the
exploratory jig fishery for Martialia
hyadesi in Statistical Subarea 48.3, the
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Data: Catch/Effort
5. For the purpose of implementing
this Conservation Measure in the 2006/
07 season, the following shall apply:
(i) the Ten-day Catch and Effort
Reporting System set out in
Conservation Measure 23–02;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
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Data: Biological
7. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Research 8. Each vessel participating
in this exploratory fishery shall collect
data in accordance with the Data
Collection Plan described in Annex 61–
01/A. Data collected pursuant to the
plan for the period up to 31 August
2007 shall be reported to CCAMLR by
30 September 2007 so that the data will
be available to the meeting of the
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regulations set out in Conservation
Measure 52–01.
4. For the purposes of implementing
normal fishing operations after
completion of the experimental harvest
regime, the Ten-day Catch and Effort
Reporting System set out in
Conservation Measure 23–02 shall
apply.
5. Vessels that complete experimental
harvest regime shall not be required to
conduct experimental fishing in future
seasons. However, these vessels shall
abide by the guidelines set forth in
Conservation Measure 52–01.
Conservation Measure 61–01 (2006)
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vessel has completed the experimental
harvesting regime;
(v) after completing 200,000 pot hours
of experimental fishing, it shall be
considered that vessels have completed
the experimental harvesting regime and
they shall be permitted to commence
fishing in a normal fashion.
2. Data collected during the
experimental harvest regime up to 30
June 2007 shall be submitted to
CCAMLR by 31 August 2007.
3. Normal fishing operations shall be
conducted in accordance with the
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Working Group on Fish Stock
Assessment (WG–FSA) in 2007.
Environmental Protection
9. Conservation Measure 26–01
applies.
Annex 61–01/A
Data Collection Plan for Exploratory
Squid (Martialia Hyadesi) Fisheries in
Statistical Subarea 48.3
1. All vessels will comply with
conditions set by CCAMLR. These
include data required to complete the
data form (Form TAC) for the Ten-day
Catch and Effort Reporting System, as
specified by Conservation Measure 23–
02; and data required to complete the
CCAMLR standard fine-scale catch and
effort data form for a squid jig fishery
(Form C3). This includes numbers of
seabirds and marine mammals of each
species caught and released or killed.
2. All data required by the CCAMLR
Scientific Observers Manual for squid
fisheries will be collected. These
include:
(i) vessel and observer program details
(Form S1)
(ii) catch information (Form S2)
(iii) biological data (Form S3).
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Conservation Measure 91–01 (2004)
Procedure for according protection to
CEMP sites
(Species: all; Area: general)
The Commission,
Bearing in mind that the Scientific
Committee has established a system of
sites contributing data to the CCAMLR
Ecosystem Monitoring Program (CEMP),
and that additions may be made to this
system in the future,
Recalling that it is not the purpose of
the protection accorded to CEMP sites to
restrict fishing activity in adjacent
waters,
Recognising that studies being
undertaken at CEMP sites may be
vulnerable to accidental or wilful
interference,
Concerned, therefore, to provide
protection for CEMP sites, scientific
investigations and the Antarctic marine
living resources therein, in cases where
a Member or Members of the
Commission conducting or planning to
conduct CEMP studies believes such
protection to be desirable,
hereby adopts the following
Conservation Measure in accordance
with Article IX of the Convention:
1. In cases where a Member or
Members of the Commission
conducting, or planning to conduct,
CEMP studies at a CEMP site believe it
desirable that protection should be
accorded to the site, it, or they, shall
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Jkt 211001
prepare a draft management plan in
accordance with Annex A to this
Conservation Measure.
2. Each such draft management plan
shall be sent to the Executive Secretary
for transmission to all Members of the
Commission for their consideration at
least three months before its
consideration by WG–EMM.
3. The draft management plan shall be
considered in turn by WG–EMM, the
Scientific Committee and the
Commission. In consultation with the
Member or Members of the Commission
which drew up the draft management
plan, it may be amended by any of these
bodies. If a draft management plan is
amended by either WG–EMM or the
Scientific Committee, it shall be passed
on in its amended form either to the
Scientific Committee or to the
Commission as the case may be.
4. If, following completion of the
procedures outlined in paragraphs 1 to
3 above, the Commission considers it
appropriate to accord the desired
protection to the CEMP site, the
Commission shall adopt a Resolution
calling on Members to comply, on a
voluntary basis, with the provisions of
the draft management plan, pending the
conclusion of action in accordance with
paragraphs 5 to 8 below.
5. The Executive Secretary shall
communicate such a Resolution to
SCAR, the Antarctic Treaty Consultative
Parties and, if appropriate, the
Contracting Parties to other components
of the Antarctic Treaty System which
are in force.
6. Unless, before the opening date of
the next regular meeting of the
Commission, the Executive Secretary
has received:
(i) an indication from an Antarctic
Treaty Consultative Party that it desires
the resolution to be considered at a
Consultative Meeting; or
(ii) an objection from any other
quarter referred to in paragraph 5 above;
the Commission may, by means of a
Conservation Measure, confirm its
adoption of the management plan for
the CEMP site and shall include the
management plan in Annex 91–01/A of
that Conservation Measure.
7. In the event that an Antarctic
Treaty Consultative Party has indicated
its desire for the Resolution to be
considered at a Consultative Meeting,
the Commission shall await the outcome
of such consideration, and may then
proceed accordingly.
8. If objection is received in
accordance with paragraphs 6(ii) or 7
above, the Commission may institute
such consultations as it may deem
appropriate to achieve the necessary
protection and to avoid interference
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with the achievement of the principles
and purposes of, and measures
approved under, the Antarctic Treaty
and other components of the Antarctic
Treaty System which are in force.
9. The management plan of any site
may be amended by decision of the
Commission. In such cases full account
shall be taken of the advice of the
Scientific Committee. Any amendment
which increases the area of the site or
adds to categories or types of activities
that would jeopardise the objectives of
the site shall be subject to the
procedures set out in paragraphs 5 to 8
above.
10. Entry into a CEMP site described
by a Conservation Measure shall be
prohibited except for the purposes
authorised in the relevant management
plan for the site and in accordance with
a permit issued under paragraph 11.
11. Each Contracting Party shall, as
appropriate, issue permits authorising
its nationals to carry out activities
consistent with the provisions of the
management plans for CEMP sites and
shall take such other measures, within
its competence, as may be necessary to
ensure that its nationals comply with
the management plans for such sites.
12. Copies of such permits shall be
sent to the Executive Secretary as soon
as practical after they are issued. Each
year the Executive Secretary shall
provide the Commission and the
Scientific Committee with a brief
description of the permits that have
been issued by the Parties. In cases
where permits are issued for purposes
not directly related to the conduct of
CEMP studies at the site in question, the
Executive Secretary shall forward a
copy of the permit to the Member or
Members of the Commission conducting
CEMP studies at that site.
13. Each management plan shall be
reviewed every five years by WG–EMM
and the Scientific Committee to
determine whether it requires revision
and whether continued protection is
necessary. The Commission may then
act accordingly.
Annex 91–01/A
Information To Be Included in
Management Plans for CEMP Sites
A. Geographical Information
1. A description of the site, and any
buffer zone within the site, including:
1.1 geographical coordinates
1.2 natural features, including those
that define the site
1.3 boundary markers
1.4 access points (pedestrian,
vehicular, airborne, sea-borne)
1.5 pedestrian and vehicular routes
1.6 preferred anchorages
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1.7
location of structures within the
site
1.8 restricted areas within the site
1.9 location of nearby scientific
stations or other facilities
1.10 location of areas or sites, in or
near the site, which have been
accorded protected status in
accordance with measures adopted
under the Antarctic Treaty or other
components of the Antarctic Treaty
System that are in force.
2. Maps, including the following
elements where appropriate:
2.1 Essential features
2.1.1 Title
2.1.2 Latitude and longitude
2.1.3 Scale bar with numerical scale
2.1.4 Comprehensive legend
2.1.5 Adequate and approved place
names
2.1.6 Map projection and spheroid
modification (indicate beneath the
scale bar)
2.1.7 North arrow
2.1.8 Contour interval
2.1.9 Date of map preparation
2.1.10 Map preparer
2.1.11 Date of image collection
(where applicable)
2.2 Essential topographical features
2.2.1 Coastline, rock, and ice
2.2.2 Peaks and ridgelines
2.2.3 Ice margins and other glacial
features, clear delineation between
ice/snow and ice-free ground; if
glacial features are part of the
boundary, date of survey should be
indicated
2.2.4 Contours (labelled as
appropriate), survey points, and
spot heights
2.2.5 Bathymetric contours of
marine areas, with relevant bottom
features if known
2.3 Natural features
2.3.1 Lakes, ponds, and streams
2.3.2 Moraines, screes, cliffs,
beaches
2.3.3 Beach areas
2.3.4 Bird and seal concentrations or
breeding colonies
2.3.5 Extensive areas of vegetation
2.3.6 Wildlife access areas to the sea
2.4 Anthropogenic features
2.4.1 Stations
2.4.2 Field huts, refuges
2.4.3 Campsites
2.4.4 Roads and vehicle tracks,
footpaths, feature overlaps
2.4.5 Approach paths and landing
areas for airplanes and helicopters
2.4.6 Approach paths and access
points for boats (wharfs, jetties)
2.4.7 Power supplies, cables
2.4.8 Antennae
2.4.9 Fuel storage areas
2.4.10 Water reservoirs and pipes
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2.4.11 Emergency caches
2.4.12 Markers, signs
2.4.13 Historic sites or artefacts,
archaeological sites
2.4.14 Scientific installations or
sampling areas
2.4.15 Site contamination or
modification
2.5 Boundaries
2.5.1 Boundary of area
2.5.2 Boundaries of subsidiary zones
and protected areas within the
mapping area
2.5.3 Boundary signs and markers
(including cairns)
2.5.4 Boat/aircraft approach routes
2.5.5 Navigation markers or beacons
2.5.6 Survey points and markers
2.6 Other mapping guidelines
2.6.1 Verify all features and
boundaries by GPS if possible
2.6.2 Ensure visual balance among
elements
2.6.3 Appropriate shading (shading
should be distinguishable on a
photocopy of the map)
2.6.4 Correct and appropriate text;
no feature overlap
2.6.5 Appropriate legend; use SCAR
approved map symbols when
possible
2.6.6 Text appropriately shadowed
on image data
2.6.7 Photographs may be used
where appropriate
2.6.8 Official maps should be in
black and white
2.6.9 Most likely two or more maps
will be needed for a management
plan, one showing the site and the
vicinity, and one detailed map of
the site showing features essential
for the management plan objectives;
other maps may be useful (i.e.
geological map of the area, three
dimensional terrain model).
B. Biological Features
1. A description of the biological
features of the site, in both space and
time, which it is the purpose of the
management plan to protect.
C. CEMP Studies
1. A full description of the CEMP
studies being conducted or planned to
be conducted, including the species and
parameters which are being or are to be
studied.
D. Protection Measures
1. Statements of prohibited activities:
1.1 throughout the site at all times of
the year
1.2 throughout the site at defined parts
of the year
1.3 in parts of the site at all times of
the year
1.4 in parts of the site at defined parts
of the year.
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2. Prohibitions regarding access to
and movement within or over the site.
3. Prohibitions regarding:
3.1 the installation, modification, and/
or removal of structures
3.2 the disposal of waste.
4. Prohibitions for the purpose of
ensuring that activity in the site does
not prejudice the purposes for which
protection status has been accorded to
areas or sites, in or near the site, under
the Antarctic Treaty or other
components of the Antarctic Treaty
System which are in force.
E. Communications Information
1. The name, address, telephone and
facsimile numbers, and e-mail
addresses, of:
1.1 the organisation or organisations
responsible for appointing national
representative(s) to the Commission;
1.2 the national organisation or
organisations conducting CEMP
studies at the site.
Notes:
1. A code of conduct. If it would help
towards achieving the scientific
objectives of the site, a code of conduct
may be annexed to the management
plan. Such a code should be written in
hortatory rather than mandatory terms,
and must be consistent with the
prohibitions contained in Section D
above.
2. Members of the Commission
preparing draft management plans for
submission in accordance with this
Conservation Measure should bear in
mind that the primary purpose of the
management plan is to provide for the
protection of CEMP studies at the site
through the application of the
prohibitions contained in Section D. To
that end, the management plan is to be
drafted in concise and unambiguous
terms. Information which is intended to
help scientists, or others, appreciate
broader considerations regarding the
site (e.g. historical and bibliographic
information) should not be included in
the management plan but may be
annexed to it.
Conservation Measure 91–02 (2004)
Protection of the Cape Shirreff CEMP
site
(Species: all; Area: 48.1)
1. The Commission noted that a
program of long-term studies is being
undertaken at Cape Shirreff and the San
Telmo Islands, Livingston Island, South
Shetland Islands, as part of the
CCAMLR Ecosystem Monitoring
Program (CEMP). Recognising that these
studies may be vulnerable to accidental
or wilful interference, the Commission
expressed its concern that this CEMP
site, the scientific investigations, and
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the Antarctic marine living resources
therein be protected.
2. Therefore, the Commission
considers it appropriate to accord
protection to the Cape Shirreff CEMP
site, as defined in the Cape Shirreff
management plan.
3. Members shall comply with the
provisions of the Cape Shirreff CEMP
site management plan, which is
recorded in Annex 91–02/A.
4. In accordance with Article X, the
Commission shall draw this
Conservation Measure to the attention of
any State that is not a Party to the
Convention and whose nationals or
vessels are present in the Convention
Area.
Annex 91–02/A
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Management Plan for the Protection of
Cape Shirreff and the San Telmo
Islands, South Shetland Islands, as a
Site Included in the CCAMLR
Ecosystem Monitoring Program 1
A. Geographical Information
1. Description of the site:
(a) Geographical coordinates: Cape
Shirreff is a low, ice-free peninsula
towards the western end of the north
coast of Livingston Island, South
Shetland Islands, situated at latitude
62°27′S, longitude 60°47′W, between
Barclay Bay and Hero Bay. San Telmo
Islands are the largest of a small group
of ice-free rock islets, approximately 2
km west of Cape Shirreff.
(b) Natural features: Cape Shirreff is
approximately 3 km from north to south
and 0.5 to 1.2 km from east to west. The
site is characterised by many inlets,
coves and cliffs. Its southern boundary
is bordered by a permanent glacial ice
barrier, which is located at the
narrowest part of the cape. The cape is
mainly an extensive rock platform, 46 to
83 m above sea level, the bedrock being
largely covered by weathered rock and
glacial deposits. The eastern side of the
base of the cape has two beaches with
a total length of about 600 m. The first
is a boulder beach, the second of sand.
Above this is a raised beach with
mosses and lichens, crossed by meltstreams from the snow above. The
extremity of the cape has a rocky barrier
about 150 m long. The western side is
formed by almost continuous cliffs 10 to
15 m high above an exposed coast with
a few protected beaches. At the
southwestern base of the cape is a small
sandy and pebble beach approximately
50 m long.
The San Telmo Islands are located
approximately 2 km west of Cape
1 As adopted at CCAMLR–XVIII (paragraphs 9.5
and 9.6), and revised at CCAMLR–XIX (paragraph
9.9).
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Shirreff, and are a group of ice-free,
rocky islets. The east coast of San Telmo
Island (the largest of the group) has a
sandy and pebble beach (60 m) at the
south end, separated from the northern
sandy beach (120 m) by two irregular
cliffs (45 m) and narrow pebble beaches.
(c) Boundary markers: The boundaries
of the Cape Shirreff CEMP Protected
Area are identical to the boundaries of
the Site of Special Scientific Interest No.
32, as specified by ATCM
Recommendation XV–7. At present,
there are no man-made boundary
markers indicating the limits of the SSSI
or established protected areas. The
boundaries of the site are defined by
natural features (i.e. coastlines, glacial
margins) described in Section A.1(d).
(d) Natural features that define the
site: The Cape Shirreff CEMP Protected
Area includes the entire area of the Cape
Shirreff peninsula north of the glacier
ice tongue margin, and most of the San
Telmo Islands group. For the purposes
of the CEMP protected area, ‘the entire
area’ of Cape Shirreff and the San Telmo
Islands group is defined as any land or
rocks exposed at mean low tide within
the area delimited by the map (Figure
3).
(e) Access points: The Cape Shirreff
part of the CEMP site may be entered at
any point where pinniped or seabird
rookeries are not present on or near the
beach. Access to the island in the San
Telmo group is unrestricted but should
be at the least densely populated areas
and cause minimal disturbance to the
fauna. Access for other than CEMP
research should avoid disturbing
pinnipeds and seabirds (see Sections
D.1 and D.2). Access by small boat or
helicopter is recommended in most
circumstances. Four helicopter landing
areas are recommended including: (i)
´
The south plain of Playa Yamana, which
is situated on the Southwest coast of the
cape; (ii) on the west coast of the cape,
on the top plain of Gaviota Hill (10x20
m), near the monument erected to
commemorate the officers and crew of
the Spanish ship San Telmo; (iii) the
wide plain, Paso Ancho, situated to the
´
east of Condor Hill; and (iv) the top
´
plain of Condor Hill. Recommended
sites for landing small boats include: (i)
The northern end of Half Moon beach,
on the east coast of the cape; (ii) on the
east coast, 300 m north of El Mirador,
there is a deep channel which permits
easy disembarkation; and (iii) the
´
northern end of Playa Yamana on the
west coast of the cape (during high tide
conditions). There are no landing sites
for fixed-wing aircraft.
(f) Pedestrian and vehicular routes:
Boats, helicopters, fixed-wing aircraft
and land vehicles should avoid the site
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4125
except for operations directly
supporting authorised scientific
activities. During these operations, boats
and aircraft should travel routes that
avoid or minimise disturbance of
pinnipeds and seabirds. Land vehicles
should not be used except to transport
needed equipment and supplies to and
from the field camps. Pedestrians
should not walk through wildlife
population areas, especially during the
breeding season, or disturb other fauna
or flora except as necessary to conduct
authorised research.
(g) Preferred anchorages: Numerous
shoals and pinnacles are known to exist
in the vicinity of Cape Shirreff and the
San Telmo Islands. The detailed
bathymetric chart No. 14301 produced
´
by the Servicio Hidrografico y
´
Oceanografico de la Armada de Chile
(SHOA, 1994) provides guidance but
those unfamiliar with local conditions
at Cape Shirreff are advised to approach
the area with caution. Three anchorages
that have been used in the past are: (i)
Northwest coast—situated between
Rapa-Nui Point on Cape Shirreff and the
northern extremity of the San Telmo
Islands; (ii) east coast—2.5 km to the
east of El Mirador, being alert for
icebergs drifting in the area; and (iii)
south coast—located about 4 km off the
southern coast of Byers Peninsula to
support ship-based helicopter
operations. Organisation(s) conducting
CEMP studies at the site can provide
further details about sailing instructions
pertaining to recommended anchorages
(see Section E.2).
(h) Location of structures within the
site: During the 1991/92 austral
summer, a fibreglass cabin for four
people was installed by the Instituto
´
Antartico Chileno (INACH)
(Anonymous, 1992) in the El Mirador
area. This area is on the cape’s east
coast, at the base of Condor Hill (near
the site of the previous installation of
the former Soviet Union). This site was
chosen because of its accessibility by
helicopter and boat, shelter from winds,
good water supply and absence of seal
or bird colonies. During the 1996/97
austral summer a U.S. AMLR field camp
was established approximately 50 m to
the south of the INACH camp. The U.S.
camp is comprised of four small woodconstructed buildings (including an
outhouse); all within 3 m of each other
and jointed by wooden walkways. In
February 1999 an emergency shelter/
bird observation blind was constructed
by the U.S. program at the northern end
of the Cape. Minor remains of a hut
used in the past by the former Soviet
Union as well as sparse evidence of a
19th century sealers’ camp can be found
near the camp site.
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(i) Areas within the site where
activities are constrained: The
protection measures specified in Section
D apply to all areas within the Cape
Shirreff CEMP Protected Area, as
defined in Section A.1(d).
(j) Location of nearby scientific,
research, or refuge facilities: The nearest
research facility to the site is Juan Carlos
I Station (summer only) maintained by
the Spanish government at South Bay,
Livingston Island, (62°40′S, 60°22′W),
approximately 30 km southeast of Cape
Shirreff. The Chilean Station Arturo Prat
is located on Greenwich Island (62°30′S,
59°41′W) approximately 56 km
northeast of Cape Shirreff. Numerous
scientific stations and research facilities
(e.g. Argentina, Brazil, Chile, China,
Korea, Poland, Russia, Uruguay) are
located on King George Island,
approximately 100 km northeast of Cape
Shirreff. The largest of these facilities is
Base Presidente Eduardo Frei Montalva
(also formerly referred to as Base
Teniente Rodolfo Marsh Martin),
maintained by the Chilean government
on the western end of King George
Island (62°12′S, 58°55′W).
(k) Areas or sites protected under the
Antarctic Treaty System: Cape Shirreff
and the San Telmo Islands are protected
as a Site of Special Scientific Interest
(No. 32) under the Antarctic Treaty
System (see Section A.1(c)). Several
other sites or areas within 100 km of
Cape Shirreff are also protected under
the Antarctic Treaty System: SSSI No. 5,
Fildes Peninsula (62°12′S, 58°59′W);
SSSI No. 6, Byers Peninsula (62°38′S,
61°05′W); SSSI No. 35, Ardley Island,
Maxwell Bay, King George Island
(62°13′S, 58°56′W); Marine SSSI No. 35,
Western Bransfield Strait (63°20′S to
63°35′S, 61°45′W to 62°30′W); and SPA
No. 16, Coppermine Peninsula, Robert
Island (62°23′S, 59°44′W). The Seal
Islands CEMP Protected Area (60°59′14″
S, 55°23′04″ W) is located
approximately 325 km northeast of Cape
Shirreff.
2. Maps of the site:
(a) Figures 1 and 2 show the
geographical position of Cape Shirreff
and the San Telmo Islands in relation to
major surrounding features, including
the South Shetland Islands and adjacent
bodies of water.
(b) Figure 3 identifies the boundaries
of the site and provides details of
specific locations within the vicinity of
Cape Shirreff and the San Telmo
Islands, including preferred vessel
anchorages.
B. Biological Features
1. Terrestrial: There is no information
on soil biology of Cape Shirreff but it is
likely that similar types of plants and
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invertebrates are found as at other sites
in the South Shetland Islands (e.g. see
Lindsey, 1971; Allison and Smith, 1973;
¨
Smith, 1984; Somme, 1985). A moderate
lichen cover (e.g. Polytrichum alpestre,
Usnea fasciata) is present on rocks
located in the higher geological
platforms. In some valleys there are
patches of moss and grass (e.g.
Deschampsia antarctica).
2. Inland waters: There are several
ephemeral ponds and streams located at
Cape Shirreff. These form from melting
snow, especially in January and
February. Hidden Lake is the only
permanent body of water on the cape,
and it is located in the confluence of the
slope of three hills: El Toqui, Pehuenche
and Aymara. The lake’s drainage
supports the growth of moss banks
along its northeast and southwest
slopes. From the southwest slope a
stream flows to the western coast at
´
Playa Yamana. The lake’s depth is
estimated at two to 3 m and it is
approximately 12 m long when fullest;
the lake diminishes considerably in size
after February (Torres, 1995). There are
no known lakes or ephemeral ponds of
significance on the San Telmo Islands.
3. Marine: No studies on littoral
communities have been carried out.
There is abundant macroalgae present in
the intertidal zone. The limpet Nacella
concinna is common, as elsewhere in
the South Shetland Islands.
4. Seabirds: In January 1958, 2000
pairs of chinstrap penguins (Pygoscelis
antarctica) and 200 to 500 pairs of
gentoo penguins (P. papua) were
reported (Croxall and Kirkwood, 1979).
In 1981 two unspecified penguin
colonies had 4,328 and 1,686
individuals respectively (Sallaberry and
Schlatter, 1983). A census in January
1987, produced estimates of 20,800
adult chinstrap penguins and 750 adult
gentoo penguins (Shuford and Spear,
1987). Hucke-Gaete et al. (1997a)
identified the presence of 31 breeding
colonies for both species during 1996/97
and reported estimates of 6,907 breeding
pairs of chinstrap penguins and 682 of
gentoo penguins. A chick census
developed in early February that same
year gave a total of 8,802 chinstrap
penguins and 825 gentoo penguins. The
first of a continuing CCAMLR census of
the colonies at Cape Shirreff conducted
on 3 December, 1997 recorded 7617 and
810 breeding pairs of chinstrap and
gentoo penguins, respectively (Martin
1998). Dominican gulls (Larus
domincanus), brown skuas (Catharacta
¨
lonnbergi), Antarctic terns (Sterna
vittata), blue-eyed shags (Phalacrocorax
atriceps), cape petrels (Daption
capense), Wilson’s storm petrels
(Oceanites oceanicus) and black-bellied
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storm petrel (Fregetta tropica) also nest
on the cape. Giant petrels (Macronectes
giganteus) are regular visitors during the
austral summer (Torres, 1995).
5. Pinnipeds: Cape Shirreff is
presently the site of the largest known
breeding colony of the Antarctic fur seal
(Arctocephalus gazella) in the South
Shetland Islands. The first postexploitation record of fur seals at Cape
Shirreff was reported by O’Gorman
(1961) in mid-February 1958 when 27
non-breeding adults were seen. Over the
past 30 years, the colony has continued
to increase in size (Aguayo and Torres,
1968, 1993; Bengtson et al., 1990,
Torres, 1995; Hucke-Gaete et al., 1999).
Annual censuses begun in 1991/92 by
INACH scientists showed that pup
production has increased every year
except for 1997/98 when there was an
apparent 14% decrease in the entire
SSSI. From 1965/66 to 1998/99 the
population increased at a rate of 19.8%.
However, from 1992/93 to 1998/99 the
growth rate has decreased to ca. 7% per
year, with the last census in 1998/99
reporting 5,497 pups born on Cape
Shirreff and 3,027 pups born on San
Telmo Islands (Hucke-Gaete et al.,
1999). Groups of non-breeding southern
elephant seals (Mirounga leonina),
Weddell seals (Leptonychotes weddelli),
leopard seals (Hydrurga leptonyx) and
crabeater seals (Lobodon carcinophagus)
have been observed on the cape
(O’Gorman, 1961; Aguayo and Torres,
1967; Bengtson et al., 1990; Torres et al.,
1998). Additionally, observations of pup
carcasses suggest breeding sites of
southern elephant seals (Torres, 1995).
CEMP Studies
1. The presence at Cape Shirreff of
both Antarctic fur seal and penguin
breeding colonies, and of krill fisheries
within the foraging range of these
species, make this a critical site for
inclusion in the ecosystem monitoring
network established to help meet the
objectives of the Convention on the
Conservation of Antarctic Marine Living
Resources. The purpose of the
designation is to allow planned research
and monitoring to proceed, while
avoiding or reducing, to the greatest
extent possible, other activities which
could interfere with or affect the results
of the research and monitoring program
or alter the natural features of the site.
2. The following species are of
particular interest for CEMP routine
monitoring and directed research at this
site: Antarctic fur seals, chinstrap
penguins and gentoo penguins.
3. Long-term studies are under way to
assess and monitor the feeding ecology,
growth and condition, reproductive
success, behaviour, and population
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dynamics of pinnipeds and seabirds that
breed in the area. The results of these
studies will be compared with
environmental data, wildlife diseases,
offshore sampling data, and fishery
statistics to identify possible causeeffect relationships.
4. Chilean scientists have been
conducting studies at the site for many
years and in recent seasons they have
developed studies specifically designed
to contribute to CEMP. These studies
have mainly focused on Antarctic fur
seals, wildlife diseases and survey of
marine debris. Annual marine debris
surveys began in 1985, with a baseline
established in 1994 (e.g. Torres and
Jorquera 1995, 1999). In 1996/97 U.S.
scientists began CEMP monitoring
studies of Antarctic fur seals, chinstrap
and gentoo penguins in conjunction
with studies of offshore prey
distribution and general oceanography
(e.g. Martin, 1999).
5. Penguin parameters routinely
monitored include trends in population
size (A3), demography (A4), duration of
foraging trips (A5), breeding success
(A6), chick fledging weight (A7), chick
diet (A8) and breeding chronology (A9).
Studies of fur seals include foraging
energetics, at-sea foraging locations
using satellite-linked telemetry, diving
behaviour, diet studies, duration of
foraging trips (C1), reproductive
success, and pup growth rates (C2).
D. Protection Measures
1. Prohibited activities and temporal
constraints:
(a) Throughout the site at all times of
the year: Any activities which damage,
interfere with, or adversely affect the
planned CEMP monitoring and directed
research at this site are not permitted.
(b) Throughout the site at all times of
the year: Any non-CEMP activities are
not permitted which result in:
(i) killing, injuring, or disturbing
pinnipeds or seabirds;
(ii) damaging or destroying pinniped
or seabird breeding areas; or
(iii) damaging or destroying the access
of pinnipeds or seabirds to their
breeding areas.
(c) Throughout the site at defined
parts of the year: Human occupation of
the site during the period 1 June to 31
August is not permitted except under
emergency circumstances.
(d) In parts of the site at all times of
the year: Building structures within
boundaries of any pinniped or seabird
colony is not permitted. For this
purpose, colonies are defined as the
specific locations where pinniped pups
are born or where seabird nests are
built. This prohibition does not pertain
to placing markers (e.g. numbered
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stakes, posts, etc.) or situating research
equipment in colonies as may be
required to facilitate scientific research.
(e) In parts of the site at defined parts
of the year: Entry into any pinniped or
seabird colonies during the period 1
September to 31 May is not permitted
except in association with CEMP
activities.
2. Prohibitions regarding access to
and movement within the site:
(a) Entry to the site at locations where
pinniped or seabird colonies are present
in densely populated areas is not
permitted.
(b) Aircraft overflight of the site is not
permitted at altitudes less than 1,000 m
unless the proposed flight plan has been
reviewed in advance by the
organisation(s) conducting CEMP
activities at the site (see Section E.2).
Aircraft overflight at altitudes below 200
m is not permitted.
(c) The use of land vehicles is not
permitted except to transport needed
equipment and supplies to and from the
field camps.
(d) Pedestrians are not permitted to
walk through wildlife population areas
(e.g. colonies, resting areas, pathways),
or to disturb other fauna or flora, except
as necessary to conduct authorised
research.
3. Prohibitions regarding structures:
(a) Building structures other than
those directly supporting authorised
scientific research and monitoring
programs or to house research personnel
and their equipment is not permitted.
(b) Human occupation of these
structures is not permitted during the
period 1 June to 31 August (see Section
D.1(c)).
(c) New structures are not permitted
to be built within the site unless the
proposed plans have been reviewed in
advance by the organisation(s)
conducting CEMP activities at the site
(see Section E.2).
4. Prohibitions regarding waste
disposal:
(a) Landfill disposal of any materials
is not permitted; all materials brought to
the site are to be removed when no
longer in use.
(b) Disposal of waste fuels, volatile
liquids and scientific chemicals within
the site is not permitted; these materials
are to be removed from the site for
proper disposal elsewhere.
(c) The open burning of any materials
is not permitted (except for properly
used fuels for heating, lighting or
cooking).
5. Prohibitions regarding the Antarctic
Treaty System:
It is not permitted to undertake any
activities in the Cape Shirreff CEMP
Protected Area which are not in
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compliance with the provisions of: (i)
The Antarctic Treaty, including the
Agreed Measures for the Conservation of
Antarctic Fauna and Flora and the
Protocol on Environmental Protection,
(ii) the Convention for the Conservation
of Antarctic Seals, and (iii) the
Convention for the Conservation of
Antarctic Marine Living Resources.
E. Communications Information
1. Organisation(s) appointing national
representatives to the Commission.
(a) Ministerio de Relaciones
Exteriores, Direccion de Medio
Ambiente (DIMA), Catedral 1143,
2°Piso, Santiago, Chile. Telephone: +56
(2) 679 4720. Facsimile: +56 (2) 673
2152. E-mail: mlcarvallo@minrel.gov.cl
(b) Bureau of Oceans and
International Environmental and
Scientific Affairs, US Department of
State, Washington DC 20520, USA.
Telephone: +1 (202) 647 3262.
Facsimile: +1 (202) 647 1106.
2. Organisation(s) conducting CEMP
studies at the site.
(a) Ministerio de Relaciones
Exteriores, Instituto Ant´rtico Chileno,
˜
Plaza Munoz Gamero 1055, Punta
Arenas, Chile. Telephone: +56 (61) 29
8100. Facsimile: +56 (61) 29 8149. Email: vvallejos@inach.cl
(b) US Antarctic Marine Living
Resources Program, National Marine
Fisheries Service, NOAA, Southwest
Fisheries Science Center, PO Box 271,
La Jolla CA 92038, USA. Telephone: +1
(858) 546 5601. Facsimile: +1 (858) 546
5608. E-mail: rennie.holt@noaa.gov
Annex 91–02/A Cape Shirreff,
Appendix 1
Code of Conduct for the Cape Shirreff
Cemp Protected Area
Investigators should take all
reasonable steps to ensure that their
activities, both in implementing their
scientific protocols as well as in
maintaining a field camp, do not unduly
harm or alter the natural behaviour and
ecology of wildlife. Wherever possible,
actions should be taken to minimise
disturbance of the natural environment.
Killing, capturing, handling and
taking eggs, blood, or other biological
samples from pinniped and seabirds
should be limited to that necessary to
characterise and monitor individual and
population parameters that may change
in detectable ways in response to
changes in food availability or other
environmental factors. Sampling should
be done and reported in accordance
with: (i) The Agreed Measures for the
Conservation of Antarctic Fauna and
Flora and the Protocol on
Environmental Protection, (ii) the
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Convention for the Conservation of
Antarctic Seals, and (iii) the Convention
for the Conservation of Antarctic Marine
Living Resources.
Geological, glaciological and other
studies which can be done outside of
the pinniped and seabird breeding
season, and which will not damage or
destroy pinniped or seabird breeding
areas, or access to those areas, would
not adversely affect the planned
assessment and monitoring studies.
Likewise, the planned assessment and
monitoring studies would not be
affected adversely by periodic biological
surveys or studies of other species
which do not result in killing, injuring,
or disturbing pinnipeds or seabirds, or
damage or destroy pinnipeds or seabird
breeding areas or access to those areas.
Annex 91–02/A Cape Shirreff,
Appendix 2
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Background Information Concerning
Cape Shirreff
Prior to 1819, there were substantial
colonies of fur seals, and possibly
elephant seals, throughout the South
Shetland Islands archipelago.
Thereafter, Cape Shirreff was the scene
of more intensive sealing activities until
about 1825. Sealers’ refuges were
erected all around the western shores of
Livingston Island, with those on the
south coast being occupied mainly by
American sealers and those on the north
coast by British sealers. There were
about 60 to 75 men living ashore at Cape
Shirreff in January 1821 (Stackpole,
1955) and 95,000 skins were taken
during the 1821/22 season (O’Gorman,
1963). There are ruins of at least 12
sealers’ huts on the cape and the
shoreline in several bays is littered with
timbers and sections of wrecked sealers’
vessels (Torres, 1995). The outcome of
the sealing of the early 1820s was the
extermination of fur seals from the
entire region. Antarctic fur seals were
not observed again in the South
Shetland Islands until 1958, when a
small colony was discovered at Cape
Shirreff, Livingston Island (O’Gorman,
1961). The original colonisers probably
came from South Georgia, where
surviving fur seal colonies had
substantially recovered by the early
1950s. Chilean studies at the site began
in 1965 (e.g. Aguayo and Torres, 1967,
1968) and U.S. studies began in 1996
(e.g. Martin, 1998). At present, the fur
seal rookeries at Cape Shirreff and the
San Telmo Islands are the largest in the
South Shetland Islands.
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Annex 91–02/A Cape Shirreff,
Appendix 3
1991 Cape Shirreff was proposed as a
CEMP Protected Area.
History of Protection at Cape Shirreff
Bibliography
Aguayo, A. and D. Torres. 1967.
´
Observaciones sobre mamıferos marinos
´
´
´
durante la Vigesima Comision Antartica
´
Chilena. Primer censo de pinıpedos en las
Islas Shetland del Sur. Rev. Biol. Mar., 13 (1):
1–57.
Aguayo, A. and D. Torres. 1968. A first
census of Pinnipedia in the South Shetland
Islands and other observations on marine
mammals. In: Symposium on Antarctic
Oceanography, Santiago, Chile. Scott Polar
Research Institute, Cambridge: 166–168.
´
Aguayo, A. and D. Torres. 1993. Analisis
de los censos de Arctocephalus gazella
´
efectuados en el Sitio de Especial Interes
´
´
Cientıfico N° 32, isla Livingston, Antartica.
Ser. Cient. INACH, 43: 89–93.
Allison, J.S. and R.I.L.-Smith. 1973. The
vegetation of Elephant Island, South
Shetland Islands. Br. Antarct. Surv. Bull., 33
and 34: 185–212.
Anonymous. 1992. Instalaciones del
´
INACH en la Antartica. Bol. Antart. Chileno,
11 (1): 16.
¨ ¨
Bengtson, J.L., L.M. Ferm, T.J. Harklonen
and B.S. Stewart. 1990. Abundance of
Antarctic fur seals in the South Shetland
Islands, Antarctica, during the 1986/87
austral summer. In: Kerry, K. and G. Hempel
(Eds). Antarctic Ecosystems, Proceedings of
the Fifth SCAR Symposium on Antarctic
Biology. Springer–Verlag, Berlin: 265–270.
Croxall, J.P. and E.D. Kirkwood. 1979. The
Distribution of Penguins on the Antarctic
Peninsula and Islands of the Scotia Sea.
British Antarctic Survey, Cambridge: 186 pp.
Hucke-Gaete, R., D. Torres and V. Vallejos.
1997. Entanglement of Antarctic fur seals
Arctocephalus gazella in marine debris at
Cape Shirreff and San Telmo Islets,
Livingston Island, Antarctica: 1988–1977.
Ser. Cient. INACH, 47: 123–135.
Hucke-Gaete, R., D. Torres, A. Aguayo, J.
Acevedo, and V. Vallejos. 1999. Trends of
Antarctic fur seal populations at SSSI No. 32,
Livingston Island, South Shetlands,
Antarctica. Document WG–EMM–99/16.
CCAMLR, Hobart, Australia.
Laws, R.M. 1973. Population increase of
fur seals at South Georgia. Polar Record, 16
(105): 856–858.
Lindsay, D.C. 1971. Vegetation of the South
Shetland Islands. Br. Antarct. Surv. Bull., 25:
59–83.
Martin, J. (Ed.). 1998. AMLR 1997/98 Field
Season Report. Southwest Fisheries Science
Center Administrative Report LJ–98–07: 161
pp.
Martin, J. (Ed.). 1999. AMLR 1998/99 Field
Season Report. Southwest Fisheries Science
Center Administrative Report LJ–99–10: 158
pp.
O’Gorman, F.A. 1961. Fur seals breeding in
the Falkland Islands Dependencies. Nature,
Lond., 192: 914–916.
O’Gorman, F.A. 1963. The return of the
Antarctic fur seal. New Scientist, 20: 374–
376.
Sallaberry, M. and R. Schlatter. 1983.
´
´
¨
Estimacion del numero de pinguinos en el
´
Archipielago de las Shetland del Sur. Ser.
Cient. INACH, 30: 87–91.
Cape Shirreff was designated in 1966
as Specially Protected Area (SPA) No.
11 by ATCM Recommendation IV–11
‘on the grounds that the cape supports
a considerable diversity of plant and
animal life, including many
invertebrates, that a substantial
population of elephant seals (Mirounga
leonina) and small colonies of Antarctic
fur seals are found on the beaches and
that the area is of outstanding interest’.
The protection conferred on this site
was successful in ensuring that
Antarctic fur seals were not disturbed
during the important early phases of
their recolonisation. Subsequent to the
site’s designation as a SPA, the locally
breeding population of Antarctic fur
seals increased to a level at which
biological research activities could be
undertaken without threatening the
continued recolonisation and
population increase of this species.
Surveys during the mid-1980s to
locate study sites for long-term
monitoring of fur seal and penguin
populations as part of the CCAMLR
Ecosystem Monitoring Program (CEMP)
indicated that Cape Shirreff would be an
excellent site within the Antarctic
Peninsula Integrated Study Region. To
carry out such a monitoring program
safely and effectively, a multi–year field
camp for four to six researchers was
needed within the area previously
designated as SPA No. 11. This might
have been considered inappropriate
within a SPA and hence a proposal was
made in 1988 to redesignate Cape
Shirreff as a Site of Special Scientific
Interest (SSSI). Additionally, it was
proposed substantially to enlarge the
site by the inclusion of the San Telmo
Islands group, presently the location of
the largest fur seal colony in the
Antarctic Peninsula region.
Cape Shirreff was redesignated in
1990 as SSSI No. 32 by
Recommendation XV–7, which was
adopted by the XVth Consultative
Meeting of the Antarctic Treaty. It was
understood that SSSI No. 32, Cape
Shirreff, should be redesignated an SPA
(in its enlarged form) if and when the
long-term monitoring of fur seals and
seabirds at the site should be ended.
Chilean and U.S. scientists initiated
CEMP studies at Cape Shirreff during
the late 1980s, and have collaborated on
predator studies at Cape Shirreff since
1996/97. To further protect the site from
damage or disturbance that could
adversely affect the long-term CEMP
monitoring and directed research, in
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SHOA, 1994. Carta N°14301, Escala
1:15.000, cabo Shirreff, isla Livingston
(Territorio Chileno Antrtico). Servicio
´
´
Hidrografico y Oceanografico de la Armada
de Chile.
Shuford, W.D. and L.B. Spear. 1987.
Surveys of breeding penguins and other
seabirds in the South Shetland Islands,
Antarctica, January February 1987. Report to
the U.S. National Marine Fisheries Service.
Smith, R.I.L. 1984. Terrestrial plant
biology. In: Laws, R.M. (Ed.). Antarctic
Ecology. Academic Press.
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¨
Somme, L. 1985. Terrestrial habitats—
invertebrates. In: Bonner, W.N. and D.W.H.
Walton (Eds). Antarctica. Pergamon Press.
Stackpole, E.A. 1955. The voyage of the
Huron and the Huntress: the American
sealers and the discovery of the continent of
Antarctica. The Marine Historical
Association, Inc., Mystic, Conn., 29: 1–86.
Torres, D. 1995. Antecedentes y
´
proyecciones cientıficas de los estudios en el
SEIC N° 32 y sitio CEMP ‘cabo Shirreff e
´
islotes San Telmo’, isla Livingston, Antartica.
Ser. Cient. INACH, 45: 143–169.
´
Torres, D. and D. Jorquera. 1995. Lınea
base para el seguimiento de los desechos
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marinos en cabo Shirreff, isla Livingston,
´
Antartica. Ser. Cient. INACH, 45: 131–141.
Torres, D. and D. Jorquera. 1999. Synthesis
of marine debris survey at Cape Shirreff,
Livingston Island, during the Antarctic
season 1998/99. Document CCAMLR–XVIII/
BG/39. CCAMLR, Hobart, Australia.
Torres, D., V. Vallejos, J. Acevedo, R.
´
Hucke-Gaete and S. Zarate. 1998. Registros
´
´
biologicos atıpicos en cabo Shirreff, isla
´
´
Livingston, Antartica. Bol. Antart. Chileno,
17 (1): 17–19.
BILLING CODE 3510–22–P
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BILLING CODE 3510–22–C
Conservation Measure 91–03 (2004)
Protection of the Seal Islands CEMP site
(Species: all; Area: 48.1)
1. The Commission noted that a
program of long-term studies is being
undertaken at Seal Islands, South
Shetland Islands, as part of the
CCAMLR Ecosystem Monitoring
Program (CEMP). Recognising that these
studies may be vulnerable to accidental
or willful interference, the Commission
expressed its concern that this CEMP
site, the scientific investigations, and
the Antarctic marine living resources
therein be protected.
2. Therefore, the Commission
considers it appropriate to accord
protection to the Seal Islands CEMP site,
as defined in the Seal Islands
management plan.
3. Members are required to comply
with the provisions of the Seal Islands
CEMP site management plan, which is
recorded in Annex 91–03/A.
4. In accordance with Article X, the
Commission shall draw this
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Conservation Measure to the attention of
any State that is not a Party to the
Convention and whose nationals or
vessels are present in the Convention
Area.
Annex 91–03/A
Management Plan for the Protection of
Seal Islands, South Shetland Islands, as
a Ecosystem Monitoring Program 1
A. Geographical Information
1. Description of the site:
(a) Geographical coordinates: The Seal
Islands are composed of small islands
and skerries located approximately 7 km
north of the northwest corner of
Elephant Island, South Shetland
Islands. The Seal Islands CEMP
Protected Area includes the entire Seal
Islands group, which is defined as Seal
Island plus any land or rocks exposed
at mean low tide within a distance of
5.5 km of the point of highest elevation
1 As adopted at CCAMLR–XVI (paragraphs 9.67
and 9.68), and revised at CCAMLR–XIX (paragraph
9.9)
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on Seal Island. Seal Island is the largest
island of the group, and is situated at
60°59′14″ S, 55°23′04″ W (coordinates
are given for the point of highest
elevation on the island—see Figures 1
and 2).
(b) Natural features: The Seal Islands
cover an area approximately 5.7 km
from east to west and 5 km from north
to south. Seal Island is approximately
0.7 km long and 0.5 km wide. It has an
altitude of about 125 m, with a raised
plateau at about 80 m, and precipitous
cliffs on most coastlines. There is a
raised, sandy beach on the western
shore and several coves on the northern
and eastern shores. Seal Island is joined
to the adjacent island to the west by a
narrow sand bar that is approximately
50 m long; the bar is rarely passable on
foot, and only when seas are calm and
the tide is very low. Other islands in the
group are similar to Seal Island, with
precipitous cliffs, exposed coasts, and a
few sand beaches and protected coves.
There is no permanent ice on any of the
islands. Seal Island is mainly composed
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of poorly consolidated sedimentary
rocks. Rocks crumble and fracture
easily, resulting in prevalent erosion
from water runoff and coastal wave
action. Geologists have characterised the
bedrock ‘pebbly mudstone’. No fossils
have been reported from the site.
Because colonies of penguins are
present in virtually all sectors of Seal
Island (including the summit), the soil
in many areas as well as several vertical
rock faces are enriched by guano.
(c) Boundary markers: As of 1997, no
man-made boundary markers indicating
the limits of the protected area had been
established. The boundaries of the site
are defined by natural features (i.e.
coastlines).
(d) Natural features that define the
site: The Seal Islands CEMP Protected
Area includes the entire Seal Islands
group (see Section A.1(a) for definition).
No buffer zones are defined for the site.
(e) Access points: The site may be
accessed by boat or aircraft at any point
where pinnipeds and seabirds will not
be adversely affected (see Sections D.1
and D.2). Access by small boat is
recommended in most circumstances
because the number of beach landing
spots for helicopters (which must
approach these spots by flying over
water rather than over land) is very
limited. There are no landing sites for
fixed-winged aircraft.
(f) Pedestrian and vehicular routes:
Pedestrians should follow the advice of
the local scientists in selecting
pathways which will minimise
disturbance to wildlife (see Section
D.2(d)). Land vehicles are not permitted
except in the immediate vicinity of the
field camp and the beach (see Section
D.2(c)).
(g) Preferred anchorages: Numerous
shoals and pinnacles are known to exist
in the vicinity of the Seal Islands, and
navigation charts of the area are
incomplete. Most ships visiting the area
recently have preferred an anchorage
spot approximately 1.5 km to the
southeast of Seal Island (Figure 2),
which has a rather consistent depth of
approximately 18 m. A second
anchorage utilised by smaller vessels is
located approximately 0.5 km to the
northeast of Seal Island (Figure 2) at a
depth of about 20 m. Organisation(s)
conducting CEMP studies at the site can
provide further details about sailing
instructions pertaining to these
anchorages (see Section E.2).
(h) Location of structures within the
site: As of March 1999 no structures
remained on Seal Island. Between 1996
and 1999, all structures were
dismantled and retrograded from the
island.
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(i) Areas within the site where
activities are constrained: The
protection measures specified in Section
D apply to all areas within the Seal
Islands Protected Area, as defined in
Section A.1(d).
(j) Location of nearby scientific
research or refuge facilities: The nearest
research facility to the site is the
scientific field camp maintained by the
Brazilian government at Stinker Point,
Elephant Island (61°04′ S, 55°21′ W),
which is approximately 26 km south of
Seal Island. However in some years this
site is not occupied. Numerous
scientific stations and research facilities
are located on King George Island,
which is approximately 215 km
southwest of Seal Island.
(k) Areas or sites protected under the
Antarctic Treaty System: No areas or
sites within or near (i.e. within 100 km)
the Seal Island Protected Area have
been accorded protected status in
accordance with measures adopted
under the Antarctic Treaty or other
components of the Antarctic Treaty
System which are in force.
2. Maps of the site:
(a) Figure 1 shows the geographical
position of the Seal Islands in relation
to major surrounding features, including
the South Shetland Islands and adjacent
bodies of water.
(b) Figure 2 illustrates the location of
the entire Seal Islands archipelago and
preferred vessel anchorages. The
detailed insert of Seal Island in Figure
2 shows the location of structures
associated with CEMP studies and the
location of the point of highest elevation
(indicated by a cross).
B. Biological Features
1. Terrestrial: There is no information
on soil biology at Seal Island but it is
likely that similar types of plants and
invertebrates are found as at other sites
in the South Shetland Islands. Lichens
are present on stable rock surfaces.
There is no evidence of well-developed
moss or grass banks being present on
Seal Island.
2. Inland waters: There are no known
lakes or ephemeral ponds of
significance on Seal Island.
3. Marine: No studies on littoral
communities have been carried out.
4. Birds: Seven species of birds are
known to breed on the Seal Islands:
chinstrap penguins (Pygoscelis
antarctica), macaroni penguins
(Eudyptes chrysolophus), Cape petrels
(Daption capense), Wilson’s storm
petrels (Oceanites oceanicus), southern
giant petrels (Macronectes giganteus),
southern black-backed gulls (Larus
dominicanus) and American Sheathbills
(Chionis alba). The chinstrap penguin
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population on Seal Island numbers
approximately 20,000 breeding pairs,
nesting in about 60 colonies throughout
the island. About 350 pairs of macaroni
penguins nest on Seal Island in five
separate colonies. The nesting and
chick-rearing period for chinstrap and
macaroni penguins at Seal Island
extends from November to March. No
surveys have been made of Cape petrel
or storm petrel populations, however,
both species are numerous; the Cape
petrels nest on cliff faces and the storm
petrels nest in burrows in the talus
slopes. Brown skuas (Catharacta
lnnbergi) are common. Blue-eyed shags
´
(Phalacrocorax atriceps), Adelie
penguins (Pygoscelis adeliae), gentoo
penguins (Pygoscelis papua), king
penguins (Aptenodytes patagonicus)
and rockhopper penguins (Eudyptes
chrysocome) are among the avian
visitors to the area.
5. Pinnipeds: Five species of
pinnipeds have been observed at Seal
Island: Antarctic fur seals
(Arctocephalus gazella), southern
elephant seals (Mirounga leonina),
Weddell seals (Leptonychotes
weddellii), leopard seals (Hydrurga
leptonyx) and crabeater seals (Lobodon
carcinophagus). Of these, fur seals are
the only confirmed breeders on the
island, although small numbers of
elephant seals probably breed on the
island early in the spring. During the
last few years approximately 600 fur
seal pups have been born in the Seal
Islands group, with approximately half
of these born on Seal Island and half on
Large Leap Island (Figure 2). The fur
seal pupping and pup-rearing period at
Seal Island extends from late November
to early April. During the austral
summer, elephant seals are ashore
during their moult period; Weddell
seals regularly haul out on the beaches;
crabeater seals are infrequent visitors;
and leopard seals are common both
ashore and in coastal waters where they
prey on penguins and fur seal pups.
C. CEMP Studies
1. The presence at the Seal Islands of
both Antarctic fur seal and penguin
breeding colonies, as well as significant
commercial krill fisheries within the
foraging range of these species make this
an excellent site for inclusion in the
CEMP network of sites established to
help meet CCAMLR objectives.
However, recent geological assessments
of Seal Island have indicated that soil
composition of cliff areas above and
around the camp site are unstable and
might result in catastrophic failure
during periods of intense rainfall.
Therefore, in 1994 the AMLR Program
terminated its research at Seal Island
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and between 1996 and 1999 dismantled
and retrograded all camp and
observation blind structures.
2. No CEMP studies are being
conducted at Seal Island and the USA
has no plans to occupy the site in the
future except to conduct seal and bird
censuses.
D. Protection Measures
1. Prohibited activities and temporal
constraints:
(a) Throughout the site at all times of
the year. Any activities which damage,
interfere with, or adversely affect CEMP
monitoring and directed research which
potentially could be conducted at this
site are not permitted.
(b) Throughout the site at all times of
the year. Any non-CEMP activities are
not permitted which result in:
(i) Killing, injuring, or disturbing
pinnipeds or seabirds;
(ii) Damaging or destroying pinniped
or seabird breeding areas; or
(iii) Damaging or destroying the
access of pinnipeds or seabirds to their
breeding areas.
(c) Throughout the site at defined
parts of the year: Human occupation of
the site during the period 1 June to 31
August is not permitted except under
emergency circumstances.
(d) In parts of the site at all times of
the year: Building structures within the
boundaries of any pinniped or seabird
colony is not permitted. For this
purpose, colonies are defined as the
specific locations where pinniped pups
are born or where seabird nests are
built. This prohibition does not pertain
to placing markers (e.g. numbered
stakes, posts etc.) or situating research
equipment in colonies as may be
required to facilitate scientific research.
(e) In parts of the site at defined parts
of the year: Entry into any pinniped or
seabird colonies during the period 2
September to 31 May is not permitted
except in association with CEMP
activities.
2. Prohibitions regarding access to
and movement within or over the site:
(a) Entry of the site at locations where
pinniped or seabird colonies are present
in the immediate vicinity is not
permitted.
(b) Aircraft overflight of the site is not
permitted at altitudes less than 1,000 m
unless the proposed flight plan has been
reviewed in advance by the
organisation(s) conducting CEMP
activities at the site (see Section E.2).
(c) The use of land vehicles is not
permitted except to transport equipment
and supplies to and from the field camp.
(d) Pedestrians are not permitted to
walk through areas used regularly by
pinnipeds and seabirds (i.e. colonies,
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resting areas, pathways) or to disturb
other fauna or flora, except as necessary
to conduct authorised research.
3. Prohibitions regarding structures:
(a) New structures are not permitted
to be built within the site unless the
proposed plans have been reviewed in
advance by the organisation(s)
conducting CEMP activities at the site
(see Section E.2).
(b) Building structures other than
those directly supporting CEMP
directed scientific research and
monitoring activities or to house
personnel and/or their equipment is not
permitted.
(c) Human occupation of these
structures is not permitted during the
period 1 June to 31 August (see Section
D.1(c)).
4. Prohibitions regarding waste
disposal:
(a) Landfill disposal of nonbiodegradable materials is not
permitted; non-biodegradable materials
brought to the site are to be removed
when no longer in use.
(b) Disposal of waste fuels, volatile
liquids and scientific chemicals within
the site is not permitted; these materials
are to be removed from the site for
proper disposal elsewhere.
(c) The burning of any non-organic
materials or the open burning of any
materials is not permitted (except for
properly used fuels for heating, lighting,
cooking or electricity).
5. Prohibitions regarding the Antarctic
Treaty System:
It is not permitted to undertake any
activities in the Seal Islands CEMP
Protected Area which are not in
compliance with the provisions of: (i)
The Antarctic Treaty, including the
Agreed Measures for the Conservation of
Antarctic Fauna and Flora; (ii) the
Convention on the Conservation of
Antarctic Seals; and (iii) the Convention
on the Conservation of Antarctic Marine
Living Resources.
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Annex 91–03/A Seal Islands, Appendix
1
Code of Conduct for the Seal Islands,
Antarctica
Investigators should take all
reasonable steps to ensure that their
activities, both in implementing their
scientific protocols as well as in
maintaining a field camp, do not unduly
harm or alter the natural behaviour and
ecology of wildlife in the Seal Islands.
Wherever possible, actions should be
taken to minimise disturbance of the
natural environment. Capturing,
handling, killing, photographing and
taking eggs, blood or other biological
samples from pinnipeds and seabirds
should be limited to that necessary to
provide essential background
information or to characterise and
monitor individual and population
parameters that may change in
detectable ways in response to changes
in food availability or other
environmental factors. Sampling should
be done and reported in accordance
with: (i) The Antarctic Treaty, including
the Agreed Measures for the
Conservation of Antarctic Fauna and
Flora; (ii) the Convention for the
Conservation of Antarctic Seals; and (iii)
the Convention on the Conservation of
Antarctic Marine Living Resources.
Geological and other studies which
can be done inside of the pinniped and
seabird breeding seasons in such a way
as they do not damage or destroy
pinniped or seabird breeding areas, or
access to those areas, would be
permitted as long as they would not
adversely affect the planned assessment
and monitoring studies. Likewise, the
planned assessment and monitoring
studies would not be affected adversely
by periodic biological surveys or studies
of other species which do not result in
killing, injuring or disturbing pinnipeds
or seabirds, or damage or destroy
pinnipeds or seabird breeding areas or
access to those areas.
E. Communications Information
Annex 91–03/A Seal Islands, Appendix
2
1. Organisation(s) appointing national
representatives to the Commission:
Bureau of Oceans and International
Environmental and Scientific Affairs
U.S. Department of State, Washington,
DC 20520, USA, Telephone: +1 (202)
647 3262, Facsimile: +1 (202) 647 1106.
2. Organisation(s) which potentially
might conduct CEMP studies at the site:
U.S. Antarctic Marine Living Resources
Program, Southwest Fisheries Science
Center, National Marine Fisheries
Service, NOAA, PO Box 271, La Jolla,
CA 92038, USA, Telephone: +1 (858)
546 5601, Facsimile: +1 (858) 546 5608.
Background Information Concerning the
Seal Islands, Antarctica
Prior to 1819, there were substantial
colonies of fur seals, and possible
elephant seals, throughout the South
Shetland Islands archipelago.
Thereafter, commercial exploitation
increased and, by the mid-1820s, fur
seal breeding colonies had been
completely destroyed throughout the
South Shetland Islands (Stackpole,
1955; O’Gorman, 1963). Antarctic fur
seals were not observed again in the
South Shetland Islands until 1958,
when a small colony was discovered at
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Cape Shirreff, Livingston Island
(O’Gorman, 1961). The original
colonisers probably came from South
Georgia where surviving fur seal
colonies had substantially recovered by
the early 1950s. At present, the fur seal
rookeries in the Seal Islands group are
the second largest in the South Shetland
Islands, with the largest rookeries being
at Cape Shirreff and Telmo Islands,
Livingston Island (Bengtson et al.,
1990). During the past three decades,
the population of Antarctic fur seals in
the South Shetland Islands grew to a
level at which tagging or other research
could be undertaken at selected
locations without threatening the
population’s continued existence and
growth. During the 1986/87 austral
summer, researchers from the USA
surveyed areas on the South Shetland
Islands and the Antarctic Peninsula to
identify fur seal and penguin breeding
colonies that might be suitable for
inclusion in the network of CEMP
monitoring sites being established. The
results of that survey (Shuford and
Spear, 1987; Bengtson et al., 1990),
suggested that the Seal Island area
would be an excellent site for long-term
monitoring of fur seal and penguin
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colonies that might be affected by
fisheries in the Antarctic Peninsula
Integrated Study Region.
To safely and effectively carry out a
long-term monitoring program, a
temporary, multi-year field camp for a
small group of researchers was
established on Seal Island. This camp
was occupied annually by U.S.
scientists during the austral summer
(approximately December to February)
between 1986/87 and 1993/94. Because
of the geological assessment that the
cliff areas above and around the camp
site are unstable and might result in
catastrophic failure during periods of
intense rainfall, the camp was closed.
Between 1995/96 and 1998/99 all
buildings, equipment, and supplies
were retrograded from the island. In
1991, to protect the site from damage or
disturbance that could adversely affect
the long-term CEMP monitoring and
directed research which were being
conducted and planned for the future,
the Seal Islands were proposed as a
CEMP Protected Area. At its 1997
meeting (SC–CAMLR–XVI, paragraphs
4.17 to 4.20), the CCAMLR Scientific
Committee reviewed the status of the
Seal Island CEMP site management
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plan. Based on the expectation that
research at the site would end, the
Scientific Committee agreed that site
protection would be extended for five
years.
Bibliography
¨ ¨
Bengtson, J.L., L.M. Ferm, T.J. Harkonen
and B.S. Stewart. 1990. Abundance of
Antarctic fur seals in the South Shetland
Islands, Antarctica, during the 1986/87
austral summer. In: Kerry, K. and G. Hempel
(Eds). Antarctic Ecosystems, Proceedings of
the Fifth SCAR Symposium on Antarctic
Biology. Springer-Verlag, Berlin: 265–270.
O’Gorman, F.A. 1961. Fur seals breeding in
the Falkland Island Dependencies. Nature,
Lond., 192: 914–916.
O’Gorman, F.A. 1963. The return of the
Antarctic fur seal. New Scientist, 20: 374–
376.
Shuford, W.D. and L.B. Spear. 1987.
Surveys of breeding penguins and other
seabirds in the South Shetland Islands,
Antarctica, January–February 1987. Report of
the U.S. National Marine Fisheries Service.
Stackpole, E.A. 1955. The voyage of the
Huron and the Huntress: the American
sealers and the discovery of the continent of
Antarctic. The Marine Historical Association,
Inc., Mystic, Conn., 29: 1–86.
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Resolution 7/IX
Driftnet fishing in the Convention Area
(Species: all; Area: all; Season: all; Gear:
drifnet)
1. The Commission endorsed the
goals of the UN General Assembly
Resolution 44/225 on large-scale pelagic
driftnet fishing, which calls, inter alia,
for a cessation of any further expansion
of large-scale pelagic driftnet fishing on
the high seas. Recognising the
concentration of marine living resources
present in Antarctic waters, it was noted
that large-scale pelagic driftnet fishing
can be a highly indiscriminate and
wasteful fishing method that is widely
considered to threaten the effective
conservation of living marine resources.
Although no Member is currently
engaged in large-scale pelagic driftnet
fishing in the Convention Area, the
Commission expressed concern about
the potential impact on marine living
resources if large-scale pelagic driftnet
fishing were to expand into the
Convention Area.
2. To this end, the Commission
agreed, in accordance with UN
Resolution 44/225, that there will be no
expansion of large-scale pelagic driftnet
fishing into the Convention Area.
3. It was agreed that, in accordance
with Article X, the Commission would
draw this Resolution to the attention of
any State that is not a Party to the
Convention and whose nationals or
vessels engage in large-scale pelagic
driftnet fishing.
Resolution 10/XII
Resolution on harvesting of stocks
occurring both within and outside the
Convention Area
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Recalling the principles of
conservation in Article II of the
Convention and in particular that of the
maintenance of the ecological
relationships between harvested,
dependent and related populations of
Antarctic marine living resources,
Recalling the requirement under
Article XI of the Convention for the
Commission to seek to cooperate with
Contracting Parties which may exercise
jurisdiction in marine areas adjacent to
the area to which the Convention
applies in respect of the conservation of
any stock or stocks of associated species
which occur both within those areas
and the area to which the Convention
applies, with a view to harmonising the
Conservation Measures adopted in
respect of such stocks,
Emphasising the importance of
further research on any stock or stocks
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of species which occur both within the
area of the Convention and within
adjacent areas,
Noting the concerns expressed by the
Scientific Committee on the substantial
exploitation of such stocks inside and
outside the Convention Area, reaffirmed
that Members should ensure that their
flag vessels conduct harvesting of such
stocks in areas adjacent to the
Convention Area responsibly and with
due respect for the Conservation
Measures it has adopted under the
Convention.
Resolution 14/XIX
Catch Documentation Scheme:
implementation by Acceding States
and non-Contracting Parties
(Species: Toothfish; Area: all; Season:
all; Gear: all)
The Commission,
Having considered reports on the
implementation of the Catch
Documentation Scheme for Dissostichus
spp. established by Conservation
Measure 10–05 (1999),
Being satisfied that the Scheme has
been successfully launched, and noting
the improvements to the scheme made
by Conservation Measures 10–05 (2000)
and 10–05 (2001),
Conscious that the effectiveness of the
Scheme depends also on
implementation of the Scheme by those
Contracting Parties which are not
Members of the Commission (‘Acceding
States’) but which fish for, or trade in,
Dissostichus spp., as well as by nonContracting Parties,
Concerned at the evidence that
several acceding States and nonContracting Parties which continue to
be engaged in fishing for, or trading in,
Dissostichus spp. are not implementing
the Scheme,
Particularly concerned at the failure
by such acceding States to implement
the Scheme, to uphold and promote its
objectives, and to meet their obligations
under Article XXII to exert appropriate
efforts with regard to activities contrary
to the objectives of the Convention,
Determined to take all necessary
measures, consistent with international
law, to ensure that the effectiveness and
credibility of the Scheme is not harmed
by non-implementation of it by acceding
States and non-Contracting Parties,
Acting pursuant to Article X of the
Convention,
1. Urges all Acceding States and nonContracting Parties not participating in
the Catch Documentation Scheme
which fish for, or trade in, Dissostichus
spp. to implement the Scheme as soon
as possible.
2. Requests to this end that the
CCAMLR Secretariat convey this
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resolution to such Acceding States and
non-Contracting Parties and give all
possible advice and assistance to them.
3. Recommends that Members of the
Commission make appropriate
representations concerning this
resolution to such Acceding States and
non-Contracting Parties.
4. Reminds Members of the
Commission of their obligation under
the Catch Documentation Scheme to
prevent trade in Dissostichus spp. in
their territory, or by their flag vessels,
with Acceding States or non-Contracting
Parties when it is not carried out in
compliance with the Scheme.
5. Decides to consider the matter
again at the Twentieth Meeting of the
Commission in 2001 with a view to
taking such further measures as may be
necessary.
Resolution 15/XXII
Use of ports not implementing the Catch
Documentation Scheme for
Dissostichus spp.
(Species: Toothfish; Area: all; Season:
all; Gear: all)
The Commission,
Noting that a number of Acceding
States and non-Contracting Parties not
participating in the Catch
Documentation Scheme for Dissostichus
spp., as set out in Conservation
Measure-10–05, continue to trade in
Dissostichus spp.,
Recognising that these Acceding
States and non-Contracting Parties thus
do not participate in the landing
procedures for Dissostichus spp.
accompanied by Dissostichus Catch
Documents, urges Contracting Parties,
When licensing a vessel to fish for
Dissostichus spp. either inside the
Convention Area under Conservation
Measure 10–02, or on the high seas, to
require, as a condition of that licence 1,
that the vessel should land catches only
in States that are fully implementing the
CDS; and to attach to the licence a list
of all Acceding States and nonContracting Parties that are fully
implementing the Catch Documentation
Scheme.
1 Includes
permits and authorisations.
Resolution 16/XIX
Application of VMS in the Catch
Documentation Scheme
(Species: Toothfish; Area: all; Season:
all; Gear: all)
The Commission agreed that, on a
voluntary basis, subject to their laws
and regulations, Flag States
participating in the Catch
Documentation Scheme for Dissostichus
spp. should ensure that their flag vessels
authorised to fish for or tranship
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Dissostichus spp. on the high seas
maintain an operational VMS, as
defined in Conservation Measure 10–04,
throughout the whole of the calendar
year.1
1 This requirement does not extend to
vessels of less than 19 m engaged in artisanal
fisheries.
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Resolution 17/XX
Use of VMS and other measures for the
verification of CDS catch data for
areas outside the Convention Area, in
particular, in FAO Statistical Area 51
(Species: toothfish; Area: north of
Convention Area; Season: all; Gear:
all)
The Commission,
Recognising the need to continue to
take action, using a precautionary
approach, based on the best scientific
information available, in order to ensure
the long-term sustainability of
Dissostichus spp. stocks in the
Convention Area,
Concerned that the Catch
Documentation Scheme for Dissostichus
spp. (CDS) could be used to disguise
illegal, unreported and unregulated
(IUU) catches of Dissostichus spp. in
order to gain legal access to markets,
Concerned that any misreporting and
misuse of the CDS seriously undermines
the effectiveness of CCAMLR
Conservation Measures,
1. Urges States participating in the
CDS to ensure that Dissostichus Catch
Documents (DCDs) relating to landings
or imports of Dissostichus spp., when
necessary, are checked by contact with
Flag States to verify that the information
in the DCD is consistent with the data
reports derived from an automated
satellite-linked Vessel Monitoring
System (VMS) 1.
2. Urges States participating in the
CDS, if necessary to that end, to
consider reviewing their domestic laws
and regulations, with a view to
prohibiting, in a manner consistent with
international law, landings/
transhipments/imports of Dissostichus
spp. declared in a DCD as having been
caught in FAO Statistical Area 51 if the
Flag State fails to demonstrate that it
verified the DCD using automated
satellite-linked VMS derived data
reports.
3. Requests the Scientific Committee
to review the data concerning the areas
where Dissostichus spp. occur outside
the Convention Area and the potential
biomass of Dissostichus spp. in such
areas, in order to assist the Commission
in the conservation and management of
Dissostichus stocks and in defining the
areas and potential biomasses of
Dissostichus spp. which could be
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landed/imported/exported under the
CDS.
1 In this regard, verification of the
information in the relevant DCD shall not be
requested for the trawlers as described in
Conservation Measure 10–05, footnote 1.
Resolution 18/XXI
Harvesting of Dissostichus eleginoides
in areas outside of Coastal State
jurisdiction adjacent to the CCAMLR
Area in FAO Statistical Areas 51 and
57
(Species: toothfish; Area: north of
Convention Area; Season: all; Gear:
all)
The Commission,
Affirming that CCAMLR was
established to conserve the marine
living resources of the Antarctic marine
ecosystem,
Recognising that CCAMLR also has
the attributes of a regional fisheries
management organisation as considered
under the auspices of the United
Nations,
Recognising that CCAMLR is the
primary body responsible for the
conservation and rational use of
Dissostichus eleginoides in areas not
under national jurisdiction,
Noting Resolution 10/XII concerning
the need to harmonise management
measures within and adjacent to the
CCAMLR Area taking into account
Article 87 of UNCLOS and in
recognition of the obligations to
conserve the living resources of the high
seas under Articles 117 to 119 of
UNCLOS,
Noting the role of cooperation in
scientific research through collecting
and exchanging data,
Recognising that measures to manage
harvesting of stocks of Dissostichus
eleginoides are needed in high seas of
FAO Statistical Areas 51 and 57,
Recommends that Members provide
data and other information, subject to
their laws and regulations, relevant to
understanding the biology and
estimating the status of stocks in FAO
Statistical Areas 51 and 57.
Recommends that Members take steps
necessary to conduct only that level of
harvesting of Dissostichus eleginoides in
FAO Statistical Areas 51 and 57, which
would ensure the conservation of this
species in the Convention Area.
Resolution 19/XXI
Flags of non-compliance*
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Concerned that some Flag States,
particularly certain non-Contracting
Parties, do not comply with their
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4137
obligations regarding jurisdiction and
control according to international law in
respect of fishing vessels entitled to fly
their flag that carry out their activities
in the Convention Area, and that as a
result these vessels are not under the
effective control of such Flag States,
Aware that the lack of effective
control facilitates fishing by these
vessels in the Convention Area in a
manner that undermines the
effectiveness of CCAMLR’s
Conservation Measures, leading to
illegal, unreported and unregulated
(IUU) catches of fish and unacceptable
levels of incidental mortality of
seabirds,
Considering therefore such fishing
vessels to be flying Flags of NonCompliance (FONC) in the context of
CCAMLR (FONC vessels),
Noting that the FAO Agreement to
Promote Compliance with International
Conservation and Management
Measures by Fishing Vessels on the
High Seas emphasizes that the practice
of flagging or reflagging fishing vessels
as a means of avoiding compliance with
international conservation and
management measures for living marine
resources and the failure of the States to
fulfil their responsibilities with respect
of fishing vessels entitled to fly their
flag, are among the factors that seriously
undermine the effectiveness of such
measures,
Noting that the International Plan of
Action to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated
Fishing calls on States to take measures
to discourage nationals subject to their
jurisdiction from supporting and
engaging in any activity that
undermines the effectiveness of
international conservation and
management measures, urges all
Contracting Parties and non-Contracting
Parties cooperating with CCAMLR to:
1. Without prejudice to the primacy of
the responsibility of the Flag State, to
take measures or otherwise cooperate to
ensure, to the greatest extent possible,
that the nationals subject to their
jurisdiction do not support or engage in
IUU fishing, including engagement on
board FONC vessels in the CCAMLR
Convention Area if this is consistent
with their national law.
2. Ensure the full cooperation of their
relevant national agencies and
industries in implementing the
measures adopted by CCAMLR.
3. Develop ways to ensure that the
export or transfer of fishing vessels from
their State to a FONC State is
prohibited.
4. Prohibit the landings and
transhipments of fish and fish products
from FONC vessels.
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* Many of the flags hereby called FONC are
commonly referred to as ‘flags of
convenience’.
Resolution 20/XXII
Ice-strengthening standards in highlatitude fisheries 1
(Species: all; Area: south of 60°S;
Season: all; Gear: all)
The Commission
Recognising the unique circumstances
in high-latitude fisheries, especially the
extensive ice coverage which can pose
a risk to fishing vessels operating in
those fisheries,
Recognising also that the safety of
fishing vessels, crew and CCAMLR
scientific observers is a significant
concern of all Members,
Further recognising the difficulties of
search and rescue response in highlatitude fisheries,
Concerned that collisions with ice
could result in oil spills and other
adverse consequences for Antarctic
marine living resources and the pristine
Antarctic environment,
Considering that vessels fishing in
high-latitude fisheries should be
suitable for ice conditions,
urges Members to licence to fish in
high-latitude fisheries only those of
their flag vessels with a minimum ice
classification standard of ICE–1C 2
which will remain current for the
duration of the planned fishing activity.
1 Subareas and divisions south of 60 S and
adjacent to the Antarctic continent.
2 As defined in the Det Norske Veritas
(DNV) Rules for Classification of Ships or an
equivalent standard of certification as
defined by a recognised classification
authority.
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Resolution 21/XXIII
Electronic Catch Documentation
Scheme for Dissostichus spp.
(Species: toothfish; Area: all; Season:
all; Gear: all)
The Commission,
Noting the successful implementation
of the trial electronic Catch
Documentation Scheme for Dissostichus
spp. (E–CDS) during the intersessional
period,
Desiring to ensure that Dissostichus
Catch Documents are handled in the
most efficient and timely way,
Aware of the importance of applying
the best technologies to make the
functioning of the Catch Documentation
Scheme for Dissostichus spp. (CDS)
more secure against, inter alia, possible
fraudulent activities;
Noting that, whilst paper-based
Dissostichus Catch Documents will, for
the time being, also be retained, some
Contracting Parties are already
converting to electronic systems,
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1. Urges Contracting Parties, and nonContracting Parties cooperating in the
CDS, to adopt the E–CDS as a matter of
priority.
2. Requests the Secretariat to compile
information relating to, and submit a
report on, the implementation of the E–
CDS so that the effectiveness of the
electronic scheme can be reviewed at
the next meeting of the Commission.
Resolution 22/XXV
International actions to reduce the
incidental mortality of seabirds
arising from fishing
(Species: seabirds; Area: all; Season: all;
Gear: all)
The Commission,
Recollecting that the greatest current
threats to species and populations of
Southern Ocean seabirds breeding in the
Convention Area are fishery-related
incidental mortality and the potential
impact of illegal, unreported and
unregulated (IUU) fishing,
Noting the substantial reduction of
incidental mortality of seabirds in the
Convention Area as a result of
Conservation Measures implemented by
the Commission,
Concerned that, despite such
measures, many populations of albatross
and petrel species breeding in the
Convention Area continue to decline
and that such reductions in their
populations are unsustainable,
Concerned at increasing evidence of
fishery-related incidental mortality of
seabirds that breed and forage in the
Convention Area,
Noting that the seabirds caught are
almost entirely albatross and petrel
species which are threatened with
global extinction,
Recognising that some populations of
albatrosses and petrels will not stabilise
until total incidental mortality levels are
significantly reduced,
Recalling CCAMLR’s collaborations
with the Agreement on the Conservation
of Albatrosses and Petrels (ACAP), a
multilateral agreement that provides a
focus for international cooperation and
exchange of information and expertise
towards the conservation of the
declining populations of these seabirds,
Recalling repeated attempts to
communicate these concerns to RFMOs,
1. Invites listed RFMOs (Appendix 1),
consistent with the FAO’s Code of
Conduct for Responsible Fisheries and
the IPOA-Seabirds, to implement or
develop, as appropriate, mechanisms to
require the collection, reporting and
dissemination of annual data on seabird
incidental mortality, particularly:
(i) Rates of incidental mortality of
seabirds associated with each fishery,
details of the seabird species involved,
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and estimates of total seabird mortality
(at least at the scale of FAO area);
(ii) Measures to reduce or eliminate
incidental mortality of seabirds that are
in use in each fishery and the extent to
which any of these are voluntary or
mandatory, together with an assessment
of their effectiveness;
(iii) Scientific observer programs that
can provide comprehensive spatial and
temporal coverage of fisheries to allow
statistically robust estimation of
incidental mortality associated with
each fishery.
2. For high-seas areas within the range
of seabirds that breed and forage in the
Convention Area, where unregulated
fishing takes place or where systematic
data reporting has not yet been
introduced by listed RFMOs, the
Executive Secretary should contact Flag
States which have vessels in these areas
to:
(i) Express CCAMLR’s interest in such
seabird species,
(ii) Indicate the need to require such
fishing vessels to collect and report the
data specified in paragraph 1 above, and
(iii) Forward these data to the
CCAMLR Secretariat to be made
available to ad hoc WG–IMAF.
3. Encourages Contracting Parties to:
(i) Request that the topic of seabird
incidental mortality be included on the
agenda of meetings of pertinent RFMOs
and, where possible and appropriate, to
send relevant experts to these meetings;
(ii) Identify those areas and
circumstances where incidental
mortality of seabirds that breed and
forage in the Convention Area occurs;
(iii) Identify and continue to develop
those mitigation measures which would
be most effective at reducing or
eliminating such mortality and to
require such measures to be
implemented in the relevant fisheries.
4. Encourages Contracting Parties
involved with new and developing
RFMOs to request that incidental
mortality of seabirds is adequately
addressed and mitigated. Appropriate
initiatives might include:
(i) Establishment or expansion of
existing observer programs and
adoption of appropriate data collection
protocols on seabird incidental
mortality;
(ii) Establishment of by-catch working
groups that will address incidental
mortality issues and make
recommendations for practicable and
effective mitigation measures, including
evaluation of established and innovative
technologies and techniques;
(iii) Evaluations of fishery impacts on
the affected seabird populations;
(iv) Collaborations (e.g. on data
exchange) with listed RFMOs.
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5. Encourages Contracting Parties to:
(i) Implement, as appropriate,
measures to reduce or eliminate seabird
incidental mortality;
(ii) Require such flagged vessels to
collect and report the data specified in
paragraph 1 above;
(iii) Report to the CCAMLR Secretariat
annually on the implementation of such
measures, including their effectiveness
in reducing seabird incidental mortality.
6. Requests ad hoc WG–IMAF, at its
annual meeting, to collate and analyse
reports relating to paragraphs 1, 2 and
5 above and advise the Commission,
through the Scientific Committee, on
the implementation and effectiveness of
this resolution.
7. Further requests the Secretariat to
bring this resolution to the attention of
the RFMOs listed in Appendix 1 and
seek their cooperation on its
implementation.
Appendix 1
Regional Fisheries Management
Organisations Identified for Contact
With Respect to Collaborations on the
Mitigation of By-Catch of Southern
Ocean Seabirds
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Inter-American Tropical Tuna Commission
(IATTC)
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
South East Atlantic Fisheries Organisation
(SEAFO)
Indian Ocean Tuna Commission (IOTC)
Commission for the Conservation of Southern
Bluefin Tuna (CCSBT)
Agreement on the Organization of the
Permanent Commission on the
Exploitation and Conservation of the
Marine Resources of the South Pacific,
1952 (CPPS)
Southwest Indian Ocean Fisheries
Commission (SWIOFC)
Commission for Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central Pacific
(WCPFC)
Western Indian Ocean Tuna Organization
Convention (WIOTO)
The organization does not have regulatory
power.
Southern Indian Ocean Fisheries Agreement
(SIOFA)
Resolution 23/XXIII
Safety on board vessels fishing in the
Convention Area
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Recognising the difficult and
dangerous conditions experienced in
high-latitude fisheries in the Convention
Area,
Further considering the remoteness of
those waters and in consequence the
difficulties of search and rescue
response,
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Desiring to ensure that the safety of
fishing crews and CCAMLR scientific
observers remains a priority concern of
all Members,
Urges Members to take particular
measures through, inter alia,
appropriate survival training and the
provision and maintenance of
appropriate equipment and clothing to
promote the safety of all those on board
vessels fishing in the Convention Area.
Resolution 25/XXV
Combating illegal, unreported and
unregulated fishing in the Convention
Area by the flag vessels of nonContracting Parties
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Concerned about the increasing
number of vessels repeatedly fishing in
the Convention Area in an illegal,
unreported or unregulated (IUU)
manner,
Recognising that such fishing is
causing potentially irreversible damage
to fish stocks and other marine species
and preventing the Commission from
achieving its objective of conservation
of Antarctic marine living resources in
the Convention Area,
Concerned that many of these vessels
are flagged to non-Contracting Parties
that have failed to respond to
correspondence from the Commission
and diplomatic and other
representations by Commission
Members, seeking that they cooperate
with the Commission,
Acknowledging that many of the
above non-Contracting Parties are
Parties to the United Nations
Convention on the Law of the Sea
(UNCLOS),
Desiring to promote recognition that
CCAMLR Conservation Measures
constitute relevant standards needed to
achieve conservation and rational use of
Antarctic marine living resources,
Noting that the International Plan of
Action to prevent, deter and eliminate
IUU fishing (IPOA–IUU) urges States to
ensure that fishing vessels entitled to fly
their flag do not engage in or support
IUU fishing and requires that a Flag
State be in a position to exercise its
responsibility to control any vessel it
registers and ensure such vessels do not
engage in or support IUU fishing,
Determined to pursue diplomatic and
other action, in accordance with
international law, with non-Contracting
Parties that fail to cooperate with
CCAMLR, including by failing to direct
their flag vessels to cease IUU fishing
and failing to take legal and other action
against their flag vessels that disobey
such directions,
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4139
Recognising the value of cooperation
and joint diplomatic approaches by
CCAMLR
Contracting Parties in undertaking
such action and exerting influence,
urges all Contracting Parties to
individually and collectively, including
in other relevant international fora such
as the United Nations Food and
Agriculture Organization and regional
fisheries management organisations, to
the extent possible in accordance with
their applicable laws and regulations:
1. Pursue diplomatic and other action,
in accordance with international law,
with non-Contracting Party Flag States,
seeking, as appropriate, that they:
(i) Recognise that CCAMLR
Conservation Measures constitute
relevant standards needed to achieve
conservation and rational use of
Antarctic marine living resources;
(ii) Investigate the activities of vessels
fishing under their flag in the
Convention Area, in accordance with
Article 94 of UNCLOS, and report
findings of such investigations to the
Commission;
(iii) Accede to the Convention and
cooperate with the Commission and,
until such time as they do, direct their
flag vessels not to fish in the Convention
Area and take legal and other action
against those vessels that disobey this
directive;
(iv) Grant permission for boarding and
inspection by designated CCAMLR
inspectors of their flag vessels suspected
of, or found to be, fishing in an IUU
manner in the Convention Area.
2. Seek the cooperation of nonContracting Party Port States when IUU
fishing vessels seek to use the ports of
non-Contracting Parties, urging them to
take the steps in accordance with
Conservation Measure 10–07.
Policy To Enhance Cooperation
Between CCAMLR and Non-Contracting
Parties
(as adopted at CCAMLR–XVIII and
amended at CCAMLR–XXV)
The Commission, in order to:
• Ensure the effectiveness of
CCAMLR Conservation Measures;
• Enhance cooperation with nonContracting Parties, including those
implicated in fishing which undermines
the effectiveness of those measures
(hereafter referred to as illegal,
unreported and unregulated fishing
(IUU) fishing); and
• Eliminate IUU fishing, including
that by non-Contracting Parties,
hereby adopts the following policy:
I. The Executive Secretary is
requested to develop a list of nonContracting Parties implicated in IUU
fishing and or trade either after the
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adoption of this policy or during the
three years prior, which has
undermined the effectiveness of
CCAMLR Conservation Measures.
II. The Chairman of the Commission
shall write to the Minister for Foreign
Affairs of each non-Contracting Party
included in the abovementioned list
explaining how IUU fishing undermines
the effectiveness of CCAMLR
Conservation Measures. The letter, as
appropriate, will:
(a) Invite and encourage nonContracting Parties to attend as
observers at meetings of the
Commission in order to improve their
understanding of the work of the
Commission and the effects of IUU
fishing;
(b) Encourage non-Contracting Parties
to accede to the Convention;
(c) Inform non-Contracting Parties of
the development and implementation of
the CCAMLR Catch Documentation
Scheme for Dissostichus spp. and
provide them with a copy of the
Conservation Measure and the
explanatory memorandum;
(d) Encourage non-Contracting Parties
to participate in the CCAMLR Catch
Documentation Scheme and draw their
attention to the consequences for them
of not participating;
(e) Request non-Contracting Parties to
prevent their flag vessels from fishing in
the Convention Area in a manner which
undermines the effectiveness of
measures adopted by CCAMLR to
ensure conservation and sustainably
managed fisheries;
(f) If their flag vessels are involved in
IUU fishing, request non-Contracting
Parties to provide information to the
CCAMLR Secretariat on their vessels’
activities, including catch and effort
data;
(g) Seek the assistance of nonContracting Parties in investigating the
activities of their flag vessels suspected
of being involved in IUU fishing,
including inspecting such vessels when
they next reach port;
(h) Request non-Contracting Parties to
report to the CCAMLR Secretariat on
landings and transhipments in their
ports in accordance with the format
specified in Attachment A; and
(i) Request non-Contracting Parties to
deny landing or transhipments in their
ports for fish harvested in CCAMLR
waters not taken in compliance with
CCAMLR Conservation Measures and
requirements under the Convention.
III. Parties shall individually and
collectively take all appropriate efforts
to implement or assist in the
implementation of this policy; such
efforts may include taking concerted
action on joint demarches on non-
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Contracting Parties to complement
correspondence from the Chairman.
IV. The Commission will annually
review the effectiveness of the
implementation of this policy.
V. The Executive Secretary will
regularly inform non-Contracting Parties
concerned of new Conservation
Measures adopted by CCAMLR.
Attachment A
Submission of Information by NonContracting Parties on Landings and
Transhipments of Toothfish
Dissostichus ssp.) in Their Ports
To the extent possible the required
information should be submitted in the
following format:
(i) Whether the vessel is a fishing or
cargo vessel; if it is a fishing vessel,
what type of vessel (trawler/longliner);
(ii) The name, international call sign
and registration number of the vessel;
(iii) The flag and port of registration;
(iv) Whether an inspection had been
conducted by the Port State and, if so,
its findings, including information on
the fishing licence of the vessel
concerned;
(v) The species of fish involved,
including the weight and form of catch,
and whether it was landed or
transhipped;
(vi) If a fishing vessel, the location(s)
in which it had operated according to
the vessel’s records and where it
reported the catch as having been taken
(CCAMLR or non CCAMLR); and
(vii) The nature of any matters
requiring further investigation by the
Flag State.
Attachment B
CCAMLR Cooperation Enhancement
Program
Objectives
The aim of this Cooperation
Enhancement Program is to encourage
and build the capacity of nonContracting Parties to cooperate with
CCAMLR. The ultimate desired outcome
is more countries working with
CCAMLR to combat illegal, unreported
and unregulated (IUU) fishing on the
water and in their ports.
Cooperation between non-Contracting
Parties and CCAMLR may be through:
• Exchange of information about IUU
fishing with CCAMLR;
• Participation in key CCAMLR
initiatives, such as the CDS, through
implementation of Conservation
Measures;
• Acceding to the Convention and/or
joining the Commission, as appropriate.
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Guiding Principles
The Cooperation Enhancement
Program has the following attributes:
• A focus on technical cooperation;
• Flexibility to tailor cooperation to
meet the needs of both the Commission
and the recipient State on a case-by-case
basis;
• A partnership model involving the
CCAMLR Secretariat, experienced
CCAMLR Member(s) as sponsors and
the recipient States(s);
• Matching of sponsors and recipients
based on expertise, historical
relationships between States and
proximity;
• Central repository of information
and training material by the CCAMLR
Secretariat.
Resourcing
CCAMLR Members will initially fund
their own costs of delivery and
participation in cooperation
enhancement exercises. The
Commission should investigate other
sources of funding, including the
establishment of a special fund to which
Contracting Parties can contribute.
CCAMLR Members can develop their
own training materials at any time as
required.
To encourage consistency and ensure
effective use of Members’ resources,
CCAMLR Members will actively share
training materials. This will be
facilitated by the Secretariat
maintaining a central repository of
relevant materials and information on
the CCAMLR Web site. CCAMLR
Conservation Measures will always form
the basis of technical and training
cooperation. CCAMLR will fund the
development of a package of standing
training materials for the Catch
Documentation Scheme that will be
available to all members.
Selecting Countries for Capacity
Building
The Commission will agree a priority
list of countries that may benefit from
technical cooperation and update this
list as required. The list will be
developed from information submitted
by members, including reports on the
activity and movement of IUU fishing
vessels and their interactions with nonContracting Parties.
Inclusion of countries on the list will
be guided by the following criteria:
• The country is a key flag and/or
port State for toothfish, and its
cooperation would assist the
Commission to better control IUU
fishing and trade of fish caught in an
IUU manner and/or achieve the
objective of the Convention.
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• The country is open to change and
there is genuine political will to
cooperate with CCAMLR and combat
IUU fishing, but the country does not do
so because it lacks the resources or
expertise.
• With some training and technical
assistance over time, the country would
eventually be able to implement
relevant Conservation Measures on their
own.
• The country has appropriate
government structures to commit the
necessary time and resources to allow it
to effectively participate in technical
cooperation and is prepared to make a
commitment to such cooperation (for
example, by nominating a competent
authority for implementation of the
CDS).
Reporting
CCAMLR Members are encouraged to
report on the nature and outcomes of
their technical cooperation. This
reporting is at the discretion of
Members, but could take the form of a
Commission circular or a presentation at
the Commission meeting.
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Text of the CCAMLR System of
Inspection 1
I. Each Member of the Commission
may designate Inspectors referred to in
Article XXIV of the Convention.
(a) Designated Inspectors shall be
familiar with the fishing and scientific
research activities to be inspected, the
provisions of the Convention and
measures adopted under it.
(b) Members shall certify the
qualifications of each Inspector they
designate.
(c) Inspectors shall be nationals of the
Contracting Party which designates
them and, while carrying out inspection
activities, shall be subject solely to the
jurisdiction of that Contracting Party.
(d) Inspectors shall be able to
communicate in the language of the Flag
State of the vessels on which they carry
out their activities.
(e) Inspectors shall be accorded the
status of ship’s officer while on board
such vessels.
(f) Names of Inspectors shall be
communicated to the Secretariat within
fourteen days of designation.
II. The Commission shall maintain a
register of certified Inspectors
designated by Members.
(a) The Commission shall
communicate, each year, the register of
1 As adopted at CCAMLR–VII (paragraph 124) and
amended at CCAMLR–XII (paragraphs 6.4 and 6.8),
CCAMLR–XIII (paragraph 5.26), CCAMLR–XIV
(paragraphs 7.22, 7.26 and 7.28), CCAMLR–XV
(paragraph 7.24), CCAMLR–XVI (paragraph 8.14),
CCAMLR–XVIII (paragraph 8.25) and CCAMLR–
XXV (paragraph 12.73).
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Inspectors to each Contracting Party
within a month of the last day of the
Commission meeting.
III. In order to verify compliance with
Conservation Measures adopted under
the Convention, Inspectors designated
by Members shall be entitled to board a
fishing or fisheries research vessel in the
area to which the Convention applies to
determine whether the vessel is, or has
been, engaged in scientific research, or
harvesting, of marine living resources.2
(a) Inspection may be carried out by
designated Inspectors from vessels of
the Designating Member.
(b) Ships carrying Inspectors shall
carry a special flag or pennant approved
by the Commission to indicate that the
Inspectors on board are carrying out
inspection duties in accordance with
this system.
(c) Such Inspectors may also be
placed on board vessels, with the
schedule of embarkation and
disembarkation of Inspectors subject to
arrangements to be concluded between
the Designating Member and the Flag
State.
IV. Each Contracting Party shall
provide to the Secretariat:
(a) One month before the
commencement of the research cruise
and in accordance with Conservation
Measure 24–01 ‘The Application of
Conservation Measures to Scientific
Research’, the names of all vessels
intending to conduct fishing for
research purposes.
(b) Within seven days of the issuance
of each permit or licence in accordance
with Conservation Measure 10–02
‘Licensing and Inspection Obligations of
Contracting Parties with regard to their
Flag Vessels Operating in the
Convention Area’, the following
information about licences or permits
issued by its authorities to its flag
vessels authorising them to fish in the
Convention Area:
• Name of the vessel;
• Time periods authorised for fishing
(start and end dates);
• Area(s) of fishing;
• Species targeted; and
• Gear used.
(c) By 31 August, an annual report of
steps it has taken to implement the
inspection, investigation and sanction
provisions of Conservation Measure 10–
02 ‘Licensing and Inspection
Obligations of Contracting Parties with
regard to their Flag Vessels Operating in
the Convention Area’.
2 The Commission stated its understanding that
the System of Inspection applied to flag vessels of
all Members of the Commission and where
appropriate, Acceding States (CCAMLR–XIV,
paragraph 7.25).
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V. (a) Any vessel present in the
Convention Area for the purpose of
harvesting or conducting scientific
research on marine living resources
shall, when given the appropriate signal
in the International Code of Signals by
a ship carrying an Inspector (as signified
by flying the flag or pennant referred to
above), stop or take other such actions
as necessary to facilitate the safe and
prompt transfer of the Inspector to the
vessel, unless the vessel is actively
engaged in harvesting operations, in
which case it shall do so as soon as
practicable.
(b) The Master of the vessel shall
permit the Inspector, who may be
accompanied by appropriate assistants,
to board the vessel.
VI. Inspectors shall have the authority
to inspect catch, nets and other fishing
gear as well as harvesting and scientific
research activities, and shall have access
to records and reports of catch and
location data insofar as necessary to
carry out their functions.
(a) Each Inspector shall carry an
identity document issued by the
Designating Member in a form approved
or provided by the Commission stating
that the Inspector has been designated
to carry out inspection in accordance
with this system.
(b) On boarding a vessel, an Inspector
shall present the document described in
paragraph VI(a), above.
(c) The inspection shall be carried out
so that the vessel is subject to the
minimum interference and
inconvenience. Inquiries shall be
limited to the ascertainment of facts in
relation to compliance with the
Commission measures in effect for the
Flag State concerned.
(d) Inspectors may take photographs
and/or video footage as necessary to
document any alleged violation of
Commission measures in force.
(e) Inspectors shall affix an
identification mark approved by the
Commission to any net or other fishing
gear which appears to have been used
in contravention to Conservation
Measures in effect and shall record this
fact in the reports and notification
referenced in paragraph VIII, below.
(f) Inspectors shall be provided
appropriate assistance by the Master of
the vessel in carrying out their duties,
including access as necessary to
communications equipment.
(g) Each Contracting Party, subject to
and in accordance with their applicable
laws and regulations, including rules
governing the admissibility of evidence
in domestic courts, shall consider and
act on reports from Inspectors of
Designating Members under this scheme
on the same basis as reports from its
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own inspectors, and both Contracting
Party and designating Member
concerned shall cooperate in order to
facilitate judicial or other proceedings
arising from any such report.
VII. If a vessel refuses to stop or
otherwise facilitate transfer of an
Inspector, or if the Master or crew of a
vessel interferes with the authorised
activities of an Inspector, the Inspector
involved shall prepare a detailed report,
including a full description of all the
circumstances and provide the report to
the Designating Member to be
transmitted in accordance with the
relevant provisions of paragraph IX.
(a) Interference with an Inspector or
failure to comply with reasonable
requests made by an Inspector in the
performance of his duties shall be
treated by the Flag State as if the
Inspector were an Inspector of that
State.
(b) The Flag State shall report on
actions taken under this paragraph in
accordance with paragraph XI, below.
VIII. Inspectors shall complete the
approved CCAMLR inspection report
form.
(a) The Inspector shall provide a
written explanation, on the inspection
report form, of any alleged violation of
Commission measures in force. The
Inspector shall allow the Master of the
vessel being inspected to comment, on
the inspection report form, about any
aspect of the inspection.
(b) The Inspector shall sign the
inspection report form. The Master of
the inspected vessel shall be invited to
sign the inspection report form to
acknowledge receipt of the report.
(c) Before leaving the vessel that has
been inspected, the Inspector shall give
the Master of that vessel a copy of the
completed inspection form.
(d) The Inspector shall provide a copy
of the completed inspection form along
with photographs and video footage to
the Designating Member not later than
15 days of his/her arrival to port.
(e) The Designating Member shall
forward a copy of the inspection form
not later than 15-days from its reception
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along with two copies of photographs
and video footage to the CCAMLR
Executive Secretary who shall forward
one copy of this material to the Flag
State of the inspected vessel not later
than seven days from receipt.
(f) Fifteen days after the transmission
of the completed inspection form to the
Flag State, the CCAMLR Executive
Secretary shall transmit that form to
Members together with comments or
observations, if any, received from the
Flag State.
IX. Any supplementary reports or
information, or any report prepared in
accordance with paragraph VII, shall be
provided by the Designating Member to
the CCAMLR Executive Secretary. The
latter shall provide such reports or
information to the Flag State, which
shall be then afforded the opportunity to
comment. The CCAMLR Executive
Secretary shall transmit the reports or
information to Members within 15 days
following their receipt from the
Designating Member, and the
observations or comments, if any,
received from the Flag State.
X. A fishing vessel present in the area
of application of the Convention shall
be presumed to have been engaged in
scientific research, or harvesting, of
marine living resources (or to have been
commencing such operations) if one or
more of the following four indicators
have been reported by an inspector, and
there is no information to the contrary:
(a) Fishing gear was in use, had
recently been in use or was ready to be
used, e.g.:
• Nets, lines or pots were in the
water;
• Trawl nets and doors rigged;
• Baited hooks, baited pots or traps or
thawed bait were ready for use;
• Log indicated recent fishing or
fishing commencing;
(b) fish which occur in the
Convention Area were being processed
or had recently been processed, e.g.:
• Fresh fish or fish waste were on
board;
• Fish were being frozen;
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• From operational or product
information;
(c) Fishing gear from the vessel was in
the water, e.g.:
• Fishing gear bore the vessel’s
markings;
• Fishing gear matched that on the
vessel;
• Log indicated gear in the water;
(d) Fish (or their products) which
occur in the Convention Area were
stowed on board.
XI. If, as a result of inspection
activities carried out in accordance with
these provisions, there is evidence of
violation of measures adopted under the
Convention, the Flag State shall take
steps to prosecute and, if necessary,
impose sanctions.
XII. The Flag State shall, within
fourteen days of the laying of charges or
the initiation of proceedings relating to
a prosecution, inform the Secretariat of
this information, and shall continue
thereafter to inform the Secretariat as
the prosecution develops or is
concluded. In addition, the Flag State
shall at least once a year report to the
Commission, in writing, about the
results of such prosecutions and
sanctions imposed. If a prosecution has
not been completed, a progress report
shall be made. When a prosecution has
not been launched, or has been
unsuccessful, the report shall contain an
explanation.
XIII. Sanctions applied by Flag States
in respect to infringements of CCAMLR
provisions shall be sufficiently severe as
to effectively ensure compliance with
CCAMLR Conservation Measures and to
discourage infringements and shall seek
to deprive offenders of any economic
benefit accruing from their illegal
activities.
XIV. The Flag State shall ensure that
any of its vessels which have been
found to have contravened a CCAMLR
Conservation Measure do not carry out
fishing operations within the
Convention Area until they have
complied with the sanctions imposed.
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Text of the CCAMLR Scheme of
International Scientific Observation 1
A. Each Member of the Commission
may designate observers referred to in
Article XXIV of the Convention.
(a) Activities of scientific observers on
board vessels will be specified by the
Commission. These activities are laid
down in Annex I and may be modified
taking into account advice from the
Scientific Committee.
(b) Scientific observers shall be
nationals of the Member who designates
them and shall conduct themselves in
accordance with the customs and order
existing on the vessel on which they are
operating.
(c) Members shall designate scientific
observers who shall be familiar with the
harvesting and scientific research
activities to be observed, the provisions
of the Convention and the measures
adopted under it and who are
adequately trained to carry out
competently the duties of scientific
observers as required by the
Commission.
(d) Scientific observers shall be able
to communicate in the language of the
Flag State of the vessels on which they
carry out their activities.
(e) Scientific observers shall each
carry a document issued by the
designating Member in a form approved
by the Commission identifying them as
CCAMLR scientific observers.
(f) Scientific Observers shall submit to
the Commission through the designating
Member, not later than one month after
the completion of the observer cruise or
after the return of the observer to his/her
home country, a report of each
observation assignment undertaken,
using the observation formats approved
by the Scientific Committee. A copy
shall be sent to the Member whose
vessel was involved.
B. In order to promote the objectives
of the Convention, Members agree to
take on board their vessels engaged in
scientific research or harvesting of
marine living resources designated
scientific observers, who shall operate
in accordance with bilateral
arrangements concluded.
In such a bilateral arrangement, the
Member wishing to place scientific
observers on board a vessel of another
Member shall be referred to as the
‘Designating Member’ whilst the
Member who accepts on board its vessel
shall be referred to as the ‘Receiving
Member’.
Such a bilateral arrangement shall
include the following principles:
1 As adopted at CCAMLR–XI (paragraph 6.11) and
amended at CCAMLR–XI (paragraph 8.21).
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(a) The scientific observers shall be
given the status of ship’s officers.
Accommodation and meals for scientific
observers on board shall be of a
standard commensurate with this status.
(b) Receiving Members shall ensure
that their vessel operators cooperate
fully with the scientific observers to
enable them to carry out the tasks
assigned to them by the Commission.
This will include access to data and to
those operations of the vessel necessary
to fulfil the duties of a scientific
observer as required by the Commission.
(c) Receiving Members shall take
appropriate action on board their
vessels to ensure the security and
welfare of scientific observers in the
performance of their duties, provide
them with medical care and safeguard
their freedom and dignity.
(d) Arrangements shall be made for
messages to be sent and received on
behalf of scientific observers using the
vessel’s communications equipment and
operator. Reasonable costs of such
communications shall normally be
borne by the Designating Member.
(e) Arrangements involving the
transportation and boarding of scientific
observers shall be organised so as to
minimise interference with harvesting
and research operations.
(f) Scientific observers shall provide
to the relevant masters copies of such
records, prepared by the scientific
observers, as the masters may wish to
retain.
(g) Designating Members shall ensure
that their scientific observers carry
insurance satisfactory to the Parties
concerned.
(h) Transportation of scientific
observers to and from boarding points
shall be the responsibility of the
Designating Member.
(i) Unless otherwise agreed the
equipment, clothing and salary and any
related allowances of a scientific
observer shall normally be borne by the
Designating Member. The vessel of the
Receiving Member shall bear the cost of
on board accommodation and meals of
the scientific observer.
C. The Designating Members shall
provide details of observation programs
to the Commission at the earliest
possible opportunity and no later than
upon the conclusion of each bilateral
arrangement. For each observer
deployed, the following details shall be
supplied:
(a) date of signing the arrangement;
(b) name and flag of the vessel
receiving the observer;
(c) Member designating the observer;
(d) area of fishing (CCAMLR statistical
area, subarea, division);
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(e) type of data to be collected by the
observer and submitted to the
Secretariat (e.g. by-catch, target species,
biological data);
(f) expected dates of the start and end
of the observation program;
(g) expected date of returning the
observer to his/her home country.
D. Members who have designated
scientific observers will take the
initiative in implementing assignments
identified by the Commission.
E. The scope of functions and tasks
described in Annex I should not be
interpreted to suggest in any way the
number of required observers which
will be accepted on board a vessel.
Annex I
Functions and Tasks of International
Scientific Observers on Board Vessels
Engaged in Scientific Research or
Harvesting of Marine Living Resources
1. The function of scientific observers
on board vessels engaged in scientific
research or harvesting of marine living
resources is to observe and report on the
operation of fishing activities in the
Convention Area with the objectives
and principles of the Convention for the
Conservation of Antarctic Marine Living
Resources in mind.
2. In fulfilling this function, scientific
observers will undertake the following
tasks, using the observation formats
approved by the Scientific Committee:
(i) Record details of the vessel’s
operation (e.g. partition of time between
searching, fishing, transit etc., and
details of hauls);
(ii) Take samples of catches to
determine biological characteristics;
(iii) Record biological data by species
caught;
(iv) Record by-catches, their quantity
and other biological data;
(v) Record entanglement and
incidental mortality of birds and
mammals;
(vi) Record the procedure by which
declared catch weight is measured and
collect data relating to the conversion
factor between green weight and final
product in the event that catch is
recorded on the basis of weight of
processed product;
(vii) Prepare reports of their
observations using the observation
formats approved by the Scientific
Committee and submit them to
CCAMLR through their respective
authorities;
(viii) Submit copies of reports to
captains of vessels;
(ix) Assist, if requested, the captain of
the vessel in the catch recording and
reporting procedures;
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(x) Undertake other tasks as may be
decided by mutual agreement of the
parties involved;
(xi)1 Collect and report factual data on
sightings of fishing vessels in the
Convention Area, including vessel type
identification, position and activity;
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(xii)2 Collect information on fishing
gear loss and garbage disposal by fishing
vessels at sea.
1 Added
in accordance with CCAMLR–
XVII (paragraph 8.16). The Commission
decided to review the effectiveness and the
need to continue this activity after a two-year
trial period (CCAMLR–XVII, paragraph 8.17).
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2 Added in accordance with CCAMLR–
XVIII (paragraph 8.21).
Dated: January 16, 2007.
Margaret F. Hayes,
Director, Office of Oceans Affairs, Department
of State.
[FR Doc. 07–266 Filed 1–26–07; 8:45 am]
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[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Notices]
[Pages 4068-4146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-266]
[[Page 4067]]
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Part II
Department of State
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Office of Ocean Affairs; New Conservation and Management Measures and
Resolutions for Antarctic Marine Living Resources Under the Auspices of
CCAMLR; Notice
Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 /
Notices
[[Page 4068]]
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DEPARTMENT OF STATE
[I.D. 121306C]
Office of Ocean Affairs; New Conservation and Management Measures
and Resolutions for Antarctic Marine Living Resources Under the
Auspices of CCAMLR
AGENCY: Office of Ocean Affairs, Department of State.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: At its Twenty-Fifth Meeting in Hobart, Tasmania, from October
23 to November 3, 2006, the Commission for the Conservation of
Antarctic Marine Living Resources (CCAMLR), of which the United States
is a member, adopted conservation and management measures and
resolutions, 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-Fifth meeting of CCAMLR. For all of the conservation measures in
force, see the CCAMLR Web site at 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 28, 2007.
FOR FURTHER INFORMATION CONTACT: Dr. Gustavo A. Bisbal, Office of Ocean
Affairs (OES/OA), Room 2665, Department of State, Washington, DC 20520;
tel: 202-647-6927; fax: 202-647-1106; e-mail: bisbalga@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.
Review of existing conservation measures and resolutions:
The Commission noted that the following conservation measures will
lapse on 30 November 2006: 32-09 (2005), 33-02 (2005), 33-03 (2005),
41-01 (2005), 41-02 (2005), 41-04 (2005), 41-05 (2005), 41-06 (2005),
41-07 (2005), 41-08 (2005), 41-09 (2005), 41-10 (2005), 41-11 (2005),
42-02 (2005), 52-01 (2005), 52-02 (2005) and 61-01 (2005). Conservation
Measure 42-01 (2005) will lapse on 14 November 2006. All of these
conservation measures dealt with general fishery matters for the 2005/
06 season.
The Commission agreed that Conservation Measure 25-01 (1996) and
Resolution 24/XXIV be rescinded.
The following conservation measures and resolutions will remain in
force in 2006/07:
Compliance: 10-01 (1998) and 10-03 (2005).
General fishery matters: 22-01 (1986), 22-02 (1984), 22-03 (1990),
23-01 (2005), 23-02 (1993), 23-03 (1991), 23-04 (2000), 23-05 (2000),
23-06 (2005), 24-01 (2005), 24-02 (2005), 25-02 (2005) 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) and 33-01 (1995).
Protected areas: 91-01 (2004), 91-02 (2004) and 91-03 (2004).
Resolutions: 7/IX, 10/XII, 14/XIX, 15/XXII, 16/XIX, 17/XX, 18/XXI,
19/XXI, 20/XXII, 21/XXIII and 23/XXIII.
The Commission revised the following conservation measures and
resolution:
Compliance: 10-02 (2004), 10-04 (2005), 10-05 (2005), 10-06 (2005)
and 10-07 (2005). The Commission also revised the Text of the CCAMLR
System of Inspection.
General fishery matters: 21-01 (2002) and 21-02 (2005).
Fishery regulations: 41-03 (2005), 51-01 (2002), 51-02 (2002) and
51-03 (2002).
Resolution: 22/XXV
In addition, the Commission adopted 24 new measures and one new
resolution.
For further information, see the CCAMLR web site at www.ccamlr.org
under Publications for the Schedule of Conservation Measures in Force
(2006/2007), or contact the Commission at the CCAMLR Secretariat, P.O.
Box 213, North Hobart, Tasmania 7002, Australia. Tel: (61) 3-6210-
1111).
Conservation Measures and Resolutions Adopted at CCAMLR-XXV
Conservation Measure 10-01 (1998) \1\
Marking of fishing vessels and fishing gear
(Species: all; Area: all; Season: all; Gear: all)
The Commission hereby adopts the following conservation measure in
accordance with Article IX of the Convention:
1. All Contracting Parties shall ensure that their fishing vessels
licensed \2\ in accordance with Conservation Measure 10-02 to operate
in the Convention Area are marked in such a way that they can be
readily identified in accordance with internationally recognised
standards, such as the FAO Standard Specifications and Guidelines for
the Marking and Identification of Fishing Vessels.
2. Marker buoys and similar objects floating on the surface and
intended to indicate the location of fixed or set fishing gear shall be
clearly marked at all times with the letter(s) and/or numbers of the
vessels to which they belong.
\1\ Except for waters adjacent to Kerguelen and Crozet Islands
\2\ Includes permitted
Conservation Measure 10-02 (2006) \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
[[Page 4069]]
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) reporting, where possible as set out in Annex 10-02/A by the
vessel of sightings of fishing vessels \4\ in the Convention Area;
(v) operation of a VMS system on board the vessel in accordance
with Conservation Measure.
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), subarea(s) or division(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) \5\,
registration number \6\, 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;
(iii) previous flag (if any) \5\;
(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\ Including support vessels such as reefer vessels.
\5\ 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.
\6\ National registry number.
Annex 10-02/A
Reporting of Vessel Sightings
1. In the event that the master of a licensed fishing vessel sights
a fishing vessel \4\ within the Convention Area, the master shall
document as much information as possible on each such sighting,
including:
(a) name and description of the vessel
(b) vessel call sign
(c) registration number and the Lloyds/IMO number of the vessel
(d) Flag State of the vessel
(e) photographs of the vessel to support the report
(f) any other relevant information regarding the observed
activities of the sighted vessel.
2. The master shall forward a report containing the information
referred to in paragraph 1 to their Flag State as soon as possible. The
Flag State shall submit to the Secretariat any such reports that meet
the criteria of paragraph 3 of Conservation Measure 10-06 or paragraph
8 of Conservation Measure 10-07.
3. The Secretariat shall use such reports for compiling estimates
of IUU activities.
Conservation Measure 10-03 (2005) 1 2 3
Port inspections of vessels carrying toothfish
[[Page 4070]]
(Species: toothfish; Area: all; Season: all; Gear: all)
1. Contracting Parties shall undertake inspections of all fishing
vessels carrying Dissostichus spp. which enter their ports. The
inspection shall be for the purpose of determining that if the vessel
carried out harvesting activities in the Convention Area, these
activities were carried out in accordance with CCAMLR conservation
measures, and that if it intends to land or tranship Dissostichus spp.
the catch to be unloaded or transhipped is accompanied by a
Dissostichus catch document required by Conservation Measure 10-05 and
that the catch agrees with the information recorded on the document.
2. To facilitate these inspections, Contracting Parties shall
require vessels to provide advance notice of their entry into port and
to convey a written declaration that they have not engaged in or
supported illegal, unreported and unregulated (IUU) fishing in the
Convention Area. The inspection shall be conducted within 48 hours of
port entry and shall be carried out in an expeditious fashion. It shall
impose no undue burdens on the vessel or its crew, and shall be guided
by the relevant provisions of the CCAMLR System of Inspection. Vessels
which either declare that they have been involved in IUU fishing or
fail to make a declaration shall be denied port access, other than for
emergency purposes.
3. In the event that there is evidence that the vessel has fished
in contravention of CCAMLR conservation measures, the catch shall not
be landed or transhipped. The Contracting Party will inform the Flag
State of the vessel of its inspection findings and will cooperate with
the Flag State in taking such appropriate action as is required to
investigate the alleged infringement and, if necessary, apply
appropriate sanctions in accordance with national legislation.
4. Contracting Parties shall promptly provide the Secretariat with
a report on the outcome of each inspection conducted under this
conservation measure. In respect of any vessels denied port access or
permission to land or tranship Dissostichus spp., the Secretariat shall
promptly convey such reports to all Contracting Parties and to all non-
Contracting Parties cooperating with the Commission by participating in
the Catch Documentation Scheme for Dissostichus spp. (CDS).
\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ 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.
Conservation Measure 10-04 (2006)
Automated satellite-linked Vessel Monitoring Systems (VMS)
(Species: all except krill; Area: all; Season: all; Gear: all)
The Commission,
Recognizing 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,
Recognizing 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%; and
(iii) the date and time (expressed in UTC) of the fixing of the
said position 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; and
(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 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; and
(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
[[Page 4071]]
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 12,
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 to 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.
11.2 3 Each Contracting Party shall forward VMS reports
and messages received, pursuant to paragraph 1, to the CCAMLR
Secretariat as soon as possible:
(i) but not later than four hours after receipt for those
exploratory longline fisheries subject to conservation measures adopted
at CCAMLR-XXIII; or
(ii) but not later than 10 working days following departure from
the Convention Area for all other fisheries.
12. 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.
13. 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.
14. Each Flag State shall in addition separately notify by e-mail
or other means the CCAMLR Secretariat within 24 hours of each entry to,
exit from and movement between subareas and divisions of the Convention
Area by each of its fishing vessels in the format outlined in Annex 10-
04/A. When a vessel intends to enter a closed area, or an area for
which it is not licensed to fish, the Flag State shall provide prior
notification to the Secretariat of the vessel's intentions. The Flag
State may permit or direct that such notifications be provided by the
vessel directly to the Secretariat.
15. 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 paragraphs 11 and 14 in
parallel to the CCAMLR Secretariat.
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. If VMS data received by the Secretariat indicate the presence
of a vessel in an area or subarea for which no license details have
been provided by the Flag State to the Secretariat as required by
Conservation Measure 10-02, or in any area or subarea for which the
Flag State or fishing vessel has not provided prior notification as
required by paragraph 14, then the Secretariat shall notify the Flag
State and require an explanation. The explanation shall be forwarded to
the Secretariat for evaluation by the Commission at its next annual
meeting.
19. The CCAMLR Secretariat and all Parties receiving data shall
treat all VMS reports and messages received under paragraph 11 or
paragraphs 20, 21, 22 or 23 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).
20. 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.
21. VMS reports and messages (including vessel locations), for the
purposes of paragraph 19(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 subject 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 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.
22. 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.
[[Page 4072]]
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.
23. 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.
24. 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 EEZ 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 IR.................. O................... Vessel registration detail. Unique
reference number. 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.
Format for Indirect Flag State Reporting Via E-mail
----------------------------------------------------------------------------------------------------------------
Field contents
Code Code definition Field contents Example explanation
----------------------------------------------------------------------------------------------------------------
SR............. Start record............... No data........... ...................... No data.
AD............. Address.................... XCA............... XCA................... XCA = CCAMLR.
SQ............. Sequence number............ XXX............... 123................... Message sequence
number.
TM............. Type of message............ POS............... POS................... POS = position report,
ENT = entry report,
EXI = exit report.
RC............. Radio call sign............ XXXXXX............ AB1234................ Maximum of 8
characters.
NA............. Vessel name................ XXXXXXXX.......... Vessel Name........... Maximum of 30
characters.
LT............. Latitude................... DD.ddd............ -55.000............... +/-numeral in GIS
format. Must specify--
for South and West, +
for North and East.
LG............. Longitude.................. DDD.ddd........... -020.000.............. +/-numeral in GIS
format.
DA............. Record date................ YYYYMMDD.......... 20050114.............. 8 characters only.
TI............. Record time................ HHMM.............. 0120.................. 4 characters only,
using 24-hour time
format. Do not use
separators or include
seconds.
ER............. End record................. No data........... ...................... No data.
----------------------------------------------------------------------------------------------------------------
Sample string:
//SR//AD/XCA//SQ/001//TM/POS//RC/ABCD//NA/Vessel Name//LT/-55.000//LG/-020.000//DA/20050114//TI/0120//ER//.
Notes:
Three fields in Annex 10-04/A are optional. These are:
TN (trip number)
IR (Contracting Party internal reference number): Must start with the 3-character ISO country code, e.g.
Argentina = ARGxxx
XR (external registration number).
Do not include any other fields.
Do not include separators (e.g. : . or /) in the date and time fields.
[[Page 4073]]
Do not include seconds in the time fields.
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. Requests for data must be made by the main Commission Contact
or an alternative contact nominated by the main Commission Contact of
the Contracting Party concerned. The Secretariat shall only provide
data to a secure e-mail address specified at the time of making a
request for data.
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 related to the 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.
[[Page 4074]]
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 their 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 (2006)
Catch Documentation Scheme for Dissostichus spp.
(Species: toothfish; Area: all; Season: all; Gear: all)
The Commission,
Concerned that illegal, unreported and unregulated (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. The following definitions are intended only for the purposes of
the completion of CDS documents and shall be applied as stated
regardless of whether such actions as landings, transhipments, imports,
exports or re-exports constitute the same under any CDS participant's
customs law or other domestic legislation:
(i) Port State: The State that has control over a particular port
area or free trade zone for the purposes of landing, transhipment,
importing, exporting and re-exporting and whose authority serves as the
authority for landing or transhipment certification.
(ii) Landing: The initial transfer of catch in its harvested or
processed form from a vessel to dockside or to another vessel in a port
or free trade zone where the catch is certified by an authority of the
Port State as landed.
(iii) Export: Any movement of a catch in its harvested or processed
form from territory under the control of the State or free trade zone
of landing, or, where that State or free trade zone forms part of a
customs union, any other member State of that customs union.
(iv) Import: The physical entering or bringing of a catch into any
part of the geographical territory under the control of a State, except
where the catch is landed or transhipped within the definitions of
`landing' or `transhipment' in this conservation measure.
(v) Re-export: Any movement of a catch in its harvested or
processed form from territory under the control of a State, free trade
zone, or member State of a customs union of import unless that State,
free trade zone, or any member State of that customs union of import is
the first place of import, in which case the movement is an export
within the definition of `export' in this conservation measure.
(vi) Transhipment: The transfer of a catch in its harvested or
processed form from a vessel to another vessel or means of transport,
and, where such transfer takes place within the territory under the
control of a Port State, for the purpose of effecting its removal from
that State. For the avoidance of doubt, temporarily placing a catch on
land or an artificial structure to facilitate such transfer shall not
prevent the transfer from being a transhipment where the catch is not
`landed' within the definition of `landing' in this conservation
measure.
2. 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.
3. 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 Dissostichus catch document (DCD) for the catch landed or
transhipped on each occasion that it lands or tranships Dissostichus
spp.
4. 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.
5. 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.
6. 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 8 and 9, to any of its flag
vessels that intend to harvest Dissostichus spp.
7. The procedure regarding cooperation with CCAMLR in the
[[Page 4075]]
implementation of the CDS by non-Contracting Parties involved in the
trade of Dissostichus spp. is set out in Annex 10-05/C.
8. 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.
9. 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.
10. 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.
11. 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.
12. Each Contracting Party shall ensure that its customs government
authorities or other appropriate government 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.
13. If, as a result of an examination referred to in paragraph 12
above, a question arises regarding the information contained in a DCD
or a re-export document, the exporting State whose government 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.
14. 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 submit
annually to the Secretariat a summary list of documents issued from or
received into its territory in respect of transhipments, landings,
exports, re-exports and imports. The list shall include: document
identification numbers; date of landing, export, re-export, import;
weights landed, exported, re-exported or imported.
15. Each Contracting Party, and any non-Contracting Party that
issues DCDs in respect of its flag vessels in accordance with paragraph
6, shall inform the CCAMLR Secretariat of the government authority or
authorities (including names, addresses, phone and fax numbers and e-
mail addresses) responsible for issuing and validating DCDs.
16. 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.
17. If, following an examination under paragraph 12, questions
under paragraph 13 or requests for additional verification of documents
under paragraph 16, 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.
18. 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.
19. 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 10-
05/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;
(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 7 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.,
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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 co