Antarctic Marine Living Resources Convention Act of 1984; Conservation and Management Measures, 13089-13092 [E7-5050]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Notices]
[Pages 13089-13092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5050]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 022007E]


Antarctic Marine Living Resources Convention Act of 1984; 
Conservation and Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice.

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SUMMARY: NMFS issues this notice to notify the public that the United 
States has accepted conservation and management measures and 
resolutions pertaining to fishing in Antarctic waters managed by the 
Commission for the Conservation of Antarctic Marine Living Resources 
(Commission or CCAMLR). The Commission adopted these measures at its 
twenty-fifth meeting in Hobart, Tasmania, October 23 to November 3, 
2006. The measures have been agreed upon by the Member countries of 
CCAMLR, including the United States, in accordance with Article IX of 
the Convention for the Conservation of Antarctic Marine Living 
Resources (the Convention). The measures: include measures previously 
adopted by the Commission and remaining in force; measures adopted for 
the 2006/2007 fishing season to restrict overall catches, research 
catch and bycatch of certain species of fish, krill and crab; limit 
participation in several exploratory fisheries; restrict fishing in 
certain areas and to certain gear types; and set forth: fishing seasons 
fishery-by-fishery, revisions to previously adopted measures; new 
measures, and new resolutions. The Commission also adopted a list of 
vessels suspected to be engaged in illegal, unregulated or unreported 
fishing in the Convention Area.

ADDRESSES: Copies of the CCAMLR conservation and management measures 
may be obtained from the Assistant Administrator for Fisheries, NOAA, 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Robin Tuttle, 301-713-2282.

SUPPLEMENTARY INFORMATION:

Background

    The full text of the conservation and management measures and 
resolutions agreed to by consensus by CCAMLR at its 2006 meeting were 
published by the U.S. Department of State in a formal notice in the 
Federal Register on January 29, 2007 (72 FR 4068).
    Public comments were invited on the notice; one comment was 
received. The commenter suggested that the use of gillnets and 
longlines be banned in the Convention Area. As indicated in the 
Department of State notice, CCAMLR has adopted an interim prohibition 
on the use of deep-sea gillnets. The prohibition will remain in force 
until the CCAMLR Scientific Committee has investigated and reported on 
the potential impacts of gillnets in the Convention Area. Regarding 
longline fishing, CCAMLR first adopted measures requiring fishers to 
employ techniques minimizing the incidental mortality of seabirds in 
the course of longline fishing in 1991. At its 2006 meeting, CCAMLR's 
Ad Hoc Working Group on Incidental Mortality Associated with Fishing 
noted the resulting continuing low levels of incidental mortality of 
seabirds in regulated longline fisheries in most parts of the 
Convention Area. There were no reports of incidental mortality of 
marine mammals in longline gear in the 2005/2006 fishing season.
    Through this action, NMFS notifies the public that the United 
States has accepted the measures and resolutions adopted at CCAMLR's 
twenty-fifth meeting. NMFS provides the following

[[Page 13090]]

summary of these measures and resolutions as a courtesy.

Prohibitions on Directed Fishing

    The Commission retained the continuing prohibitions for directed 
fishing for finfish in Statistical Subareas 48.1 and 48.2; for 
Notothenia rossii in Statistical Subareas 48.1, 48.2 and 48.3; for 
Gobionotothen gibberifrons, Chaenocephalus aceratus, Pseudochaenicthys 
georgianus, Lepidonotothen squamifrons and Patagonotothen guntheri in 
Statistical Subareas 48.3; for Lepidonotothen squamifrons in 
Statistical Division 58.4.4; for Dissostichus species in Statistical 
Division 58.4.4 outside areas of national jurisdiction; for 
Dissostichus eleginoides in Statistical Subarea 58.6; for Dissostichus 
eleginoides in Statistical Subarea 58.7; for Dissostichus eleginoides 
in Statistical Division 58.5.1 outside areas of national jurisdiction; 
for Dissostichus eleginoides in Statistical Division 58.5.2 east of 
79[deg]20'E and outside of the EEZ to the west of 79[deg]20'E; for 
Dissostichus species in Statistical Subarea 88.2 north of 65[deg] S; 
for Dissostichus species in Statistical Subarea 88.3; and for Electrona 
carlsbergi in Statistical Subarea 48.3.
    The Commission prohibited directed fishing for Dissostichus species 
in Subarea 48.5 during the 2006/2007 fishing season.
    The Commission adopted a new measure that prohibits directed 
fishing on shark species in the Convention Area, other than for 
research purposes. Shark fishing will be prohibited at least until the 
status of shark populations and the effects of fishing are assessed.

Bycatch

    The Commission agreed to extend the existing bycatch limits in 
Division 58.5.2 into the 2006/2007 season. The Commission also agreed 
to extend the existing bycatch limits and move-on rules for exploratory 
fisheries into the 2006/2007 season, taking account of the revised 
catch limit for Dissostichus species in Subareas 88.1 and 88.2 and the 
consequential change to the bycatch limits in those subareas.
    The Commission adopted a measure requiring that bycatch of sharks, 
especially juveniles and gravid females, taken accidentally in other 
fisheries will, as far as possible, be released alive.
    The Commission revised its resolution promoting international 
actions to reduce the incidental mortality of seabirds to further 
address fishing outside the CCAMLR Convention Area. The Commission 
requested that Contracting Parties engage with other Regional Fisheries 
Management Organizations (RFMO), strengthen input into RFMO meetings by 
including seabird experts on delegations and become involved in the 
development and implementation of seabird resolutions and other 
measures to reduce bycatch of albatrosses and petrels within RFMO 
jurisdictions. Such resolutions and measures might include mitigation 
measures, sharing information, exchanging observer-collected data on 
seabird mortalities, establishing of bycatch working groups, and 
evaluating fishery impacts on seabird populations. The Commission urged 
Contracting Parties to implement measures to reduce or eliminate 
seabird incidental mortality in fisheries outside the CCAMLR Convention 
Area; require their flagged vessels fishing in these areas to collect 
and report rates of incidental mortality of seabirds associated with 
each fishery, details of the seabird species involved, and estimate of 
total seabird mortality; and report to the CCAMLR Secretariat annually 
on the implementation of mitigation measures, including their 
effectiveness in reducing seabird incidental mortality.

New and Exploratory Fishing

    Twelve Members submitted notifications for longline exploratory 
fisheries for toothfish in 2006/2007 in Subareas 48.6, 88.1, 88.2 and 
Divisions 58.4.1, 58.4.2, 58.4.3a and 58.4.3b. There were no 
notifications for new fisheries or for fisheries in closed areas.
    The Commission revised the general measures for exploratory 
fisheries for Dissostichus species in the Convention Area for the 2006/
2007 season by requiring the Flag State of the vessel fishing for 
Dissostichus species to assume the responsibility for tagging, tag 
recovery and correct reporting. The Commission clarified that the 
fishing vessel must cooperate with the CCAMLR scientific observer in 
undertaking the tagging program and further elaborated the requirements 
of the tagging program.
    The Commission amended its measures on new and exploratory 
fisheries to clarify that the use of bottom trawls in high seas areas 
of the Convention Area is considered a new or exploratory fishery. The 
Commission now requires that information on the known and anticipated 
impacts of bottom trawls on vulnerable marine ecosystems, including on 
the benthos and benthic communities, must be included in the 
notifications of new or exploratory fisheries.

Icefish

    The Commission adopted area specific conservation measures for 
Champsocephalus gunnari for the 2006/2007 season.
    The Commission set the overall catch limit for the C. gunnari trawl 
fishery in Subarea 48.3 for the November 15, 2006 to November 14, 2007 
season at 4,337 tons, limited the catch of this total to 1,084 tons 
during the spawning period (March 1, 2007 through May 31, 2007) and 
continued previously adopted restrictions on the fishery. The 
Commission endorsed the Scientific Committee's recommendation that 
vessels in this fishery be encouraged to use net binding as a means to 
reduce seabird interaction and potential incidental mortality.
    The Commission set the catch limit for the C. gunnari trawl fishery 
within defined areas of Division 58.5.2 for the 2006/2007 season at 42 
tons and retained previously adopted restrictions on, and reporting 
requirements for, the fishery.

Crab

    The Commission set the total allowable catch level for the pot 
fishery for crab for the 2006/2007 fishing season at 1,600 tons and 
continued to limit participation to one vessel per member country 
conducted as an experimental harvest regime.

Squid

    The Commission set the total allowable catch limit for the 
exploratory jig fishery for Martialia hyadesi for the 2006/2007 fishing 
season at 2,500 tons.

Krill

    The Commission carried forward the precautionary catch limits for 
krill in Statistical Area 48 at 4.0 million tons overall and, as 
divided by subareas, at 1.008 million tons in Subarea 48.1, 1.104 
million tons in Subarea 48.2, 1.056 million tons in Subarea 48.3, and 
0.832 million tons in Subarea 48.4.

Dissostichus Species

    The Commission set a combined catch limit of 3,554 tons for the 
longline and pot fisheries for D. eleginoides in the Shag Rocks and 
South Georgia areas of Subarea 48.3 in the 2006/2007 season. The 
Commission closed the West Shag Rocks area and set bycatch limits on 
other species.
    The Commission set a combined catch limit of 2,427 tons of D. 
eleginoides in Division 58.5.2 west of 79[deg]20' E from December 1, 
2006, to November 30, 2007, for trawl and pot fishing and from May 1, 
2007, to August 31, 2007, for longline fishing. The Commission

[[Page 13091]]

extended the season to September 30 for vessels which complete longline 
sink rate testing using CCAMLR testing protocols.
    The Commission designated several Dissostichus fisheries as 
exploratory fisheries for the 2006/2007 fishing season. These fisheries 
are total allowable catch fisheries and are open only to the flagged 
vessels of countries that notified CCAMLR of an interest by named 
vessels to participate in the fisheries.
    The exploratory fisheries for Dissostichus species authorized by 
the Commission for the 2006/2007 fishing season are: (1) longline 
fishing in Statistical Subarea 48.6 by no more than one vessel per 
country at any time by Japan, Republic of Korea, New Zealand and 
Norway; (2) longline fishing in Statistical Division 58.4.1 by 
Australia (one vessel), Republic of Korea (two vessels), Namibia (one 
vessel), New Zealand (three vessels), Spain (one vessel) and Uruguay 
(one vessel); (3) longline fishing in Statistical Division 58.4.2 by 
Australia (one vessel), Republic of Korea (three vessels), Namibia (one 
vessel), New Zealand (two vessels), Spain (one vessel) and Uruguay (one 
vessel); (4) longline fishing in Statistical Division 58.4.3a (the Elan 
Bank) outside areas under national jurisdiction to no more than one 
vessel per country at any time by Japan, Republic of Korea and Spain; 
(5) longline fishing in Statistical Division 58.4.3b (the BANZARE Bank) 
outside areas of national jurisdiction to no more than one vessel per 
country at any time by Australia, Republic of Korea, Namibia, Spain and 
Uruguay; (6) longline fishing in Statistical Subarea 88.1 by Argentina 
(two vessels), Republic of Korea (three vessels), New Zealand (four 
vessels), Norway (one vessel), Russia (two vessels), South Africa (one 
vessel), Spain (one vessel), United Kingdom (two vessels), and Uruguay 
(five vessels); and (7) longline fishing in Statistical Subarea 88.2 by 
Argentina (two vessels), New Zealand (four vessels), Norway (one 
vessel), Russia (two vessels), Spain (one vessel), United Kingdom (two 
vessels), and Uruguay (four vessels).

Environmental Protection

    The Commission consolidated the environmental protection provisions 
of its annual fishery measures into a single conservation measure of 
continuing application. The new conservation measure applies to all 
directed fishing. These measures include provisions: (1) prohibiting 
the use on fishing vessels of plastic packaging bands to secure bait 
boxes; (2) prohibiting the use of other plastic packaging bands for 
other purposes on fishing vessels which do not use onboard incinerators 
(closed systems); (3) requiring packaging bands once removed from 
packages to be cut so that they do not form a continuous loop and then 
incinerated at the earliest opportunity in an onboard incinerator; (4) 
requiring that all plastic residue be stored on board the vessel until 
reaching port and in no case discarded at sea; (5) prohibiting vessels 
fishing south of 60[deg] S from dumping or discharging: oil or fuel 
products or oily residues into the sea (except as permitted under Annex 
I of MARPOL 73/78), garbage, food wastes not capable of passing through 
a screen with openings no greater than 25 mm, poultry or parts 
(including egg shells), sewage within 12 n miles of land or ice 
shelves, sewage while the ship is traveling at speeds of less than 4 
knots, offal or incineration ash. Live poultry or other living birds 
may not be brought into areas south of 60[deg] S and any dressed 
poultry not consumed must be removed from those areas. Requirements in 
previously adopted conservation measures prohibiting or regulating the 
disharge of offal in areas of the Convention north of 60[deg] S were 
retained in the measures on incidental mortality of seabirds and marine 
mammals in longlines and trawls.

Interim Prohibitions on the Use of Certain Gear

    The Commission adopted a measure restricting the use of bottom 
trawling gear in the high seas areas within the Convention Area through 
the 2007/08 fishing season. The Scientific Committee will review 
scientific evidence available by 2007 in order to establish relevant 
criteria to determine the impacts of bottom trawl fishing on oceanic 
ecosystems and, in particular, vulnerable bottom marine ecosystems in 
the Convention Area. The Commission revised existing measures 
regulating new fisheries and exploratory fisheries to require approval 
by the Commission of new or exploratory bottom trawling fishing 
operations before such operations can occur within the Convention Area.
    The Commission adopted a measure imposing an interim prohibition on 
the use of gillnets, for purposes other than scientific research, in 
the Convention Area. Gillnets are defined by the measure as strings of 
single, double or triple netting walls, vertical, near by 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. The use of gillnets in the Convention Area is prohibited until 
the Scientific Committee has investigated and reported on the potential 
impacts of this gear.

Fishing Vessel Reporting

    The Commission revised its measure on the licensing and inspection 
obligations of Contracting Parties to require that fishing vessels 
licensed by the Contracting Party report, where possible, sightings of 
fishing vessels and support vessels in the Convention Area. The report 
must include as much information as possible on the name and 
description of the vessel; the vessel call sign; the registration and 
Lloyd's/IMO number of the vessel; the Flag State of the vessel; 
photographs of the vessel to support the report; and any other 
information regarding the observed activities of the sighted vessel. 
The report must be forwarded by the master of the vessel licensed by 
the Contracting Party to its Flag State as soon as possible.
    The Commission revised its measure on automated satellite-linked 
vessel monitoring systems to require that for vessels intending to 
enter an area of the Convention Area closed to fishing, or an area of 
the Convention Area for which it is not licensed to fish, the Flag 
State shall provide notification to the Secretariat of the vessel's 
intention. The Flag State may permit or direct that such notifications 
be provided by the vessel directly to the CCAMLR Secretariat.

Contracting Party Data Reporting

    The Commission adopted a measure requiring that all Contracting 
Parties intending to fish for krill in the Convention Area notify the 
Secretariat no later than four months in advance of the regular annual 
meeting of the Commission, immediately prior to the season in which 
they intend to fish.
    The Commission revised its measure on automated satellite-linked 
vessel monitoring systems to require that when the CCAMLR Secretariat 
receives VMS data that indicates the presence of a vessel (1) in an 
area or subarea for which no license details have been provided by the 
Flag State to the

[[Page 13092]]

Secretariat, or (2) in any area or subarea for which the Flag State or 
fishing vessel has not provided prior notification, the Secretariat 
shall notify the Flag State and require an explanation. The explanation 
will be forwarded to the Secretariat for evaluation by the Commission 
at its next annual meeting.

Catch Documentation Scheme

    The Commission revised its measure on the CatchDocumentation Scheme 
(CDS) to include a procedure forcooperation with CCAMLR by non-
Contracting Parties involved in the trade of Dissostichus species. The 
Commission also revised the CDS measure to clarify that only government 
officials may request and examine the documentation of each shipment of 
Dissostichus species imported into or exported from its territory to 
verify that it includes validated documents.

Illegal, Unregulated and Unreported Fishing

    The Commission approved a combined list of Contracting Party 
Vessels and non-Contracting Party Vessels suspected of illegal, 
unregulated or unreported fishing or trading (the IUU Vessel List). A 
number of vessels on the combined IUU Vessel List have been identified 
on previous lists by other names and flags. The combined list is posted 
on the public section of the CCAMLR website (www.ccamlr.org). A vessel 
on the IUU Vessel List will not be permitted to participate in 
exploratory fisheries. Contracting Parties are urged to prohibit trade 
with the vessels on the CCAMLR IUU Vessel List.
    The Commission revised the schemes to promote compliance by 
Contracting Party and non-Contracting Party vessels with CCAMLR 
conservation measures. As revised the schemes now require that 
Contracting Parties deny port access to vessels on the IUU Vessel List 
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 a Contracting 
Party port are to be inspected in accordance with CCAMLR conservation 
measures on inspection. Where port access is granted to such vessels 
Contracting Parties are required to examine documentation and other 
information, including Dissostichus Catch Documents, with a view to 
verifying the area in which the catch was taken. Where the origin of 
the catch cannot be adequately verified, Contracting Parties are 
required to detain the catch or refuse any landing or transshipment of 
the catch. When catch is found to be in contravention of CCAMLR 
conservation measures, Contracting Parties should, where possible, 
confiscate the catch; and prohibit all support to vessels with such 
catch, including non-emergency refueling, resupplying and repairs.
    The Commission adopted a new scheme to promote compliance by 
Contracting Party nationals with CCAMLR conservation measures. The 
scheme requires Contracting Parties to take appropriate measures to 
verify if any natural or legal persons subject to their jurisdiction 
are engaged in IUU fishing activities and take appropriate actions, 
including seeking cooperation by industries within their jurisdiction. 
Contracting Parties are required to submit reports on actions taken 
with respect to the scheme to the CCAMLR Secretariat and to Contracting 
Parties and non-Contracting Parties cooperating with CCAMLR for 
purposes of implementing the CDS. The scheme will be binding on 
Contracting Parties beginning July 1, 2008.
    The Commission adopted a resolution urging Contracting Parties to 
pursue diplomatic and other actions with non- Contracting Parties to 
combat IUU fishing.

    Authority: 16 U.S.C. 2431 et seq.

    Dated: March 14, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. E7-5050 Filed 3-19-07; 8:45 am]
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