[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Rules and Regulations]
[Pages 8483-8490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4756]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 380

[Docket No. 950707173-6036-02; I.D. 012296E]
RIN 0648-AF51


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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Secretary of Commerce (Secretary) amends the regulations 
governing harvesting and reporting of Antarctic living marine resource 
catches by vessels of, and persons subject to the jurisdiction of, the 
United States. The regulations implement conservation and management 
measures implemented by the Commission for the Conservation of 
Antarctic Marine Living Resources (CCAMLR or Commission) and accepted 
in whole by the Government of the United States to regulate catches in 
Convention for the Conservation of Antarctic Marine Living Resources 
(Convention) statistical reporting areas 48 and 58. These measures 
restrict the use of gear, restrict the directed taking and bycatch of 
certain species of fish, prohibit the taking of other species, and 
require real-time and other reporting of the harvest of certain 
species.

EFFECTIVE DATE: February 29, 1996.

ADDRESSES: A copy of the framework environmental assessment may be 
obtained from the Assistant Administrator for Fisheries, NOAA, National 
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 
20910.
    Comments regarding burden estimates or collection of information 
aspects of this rule should be sent to Robin Tuttle, (See ADDRESSES), 
and to the Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Washington, D.C. 20503, Attention: NOAA 
Desk Officer.


[[Page 8484]]

FOR FURTHER INFORMATION CONTACT: Robin Tuttle, NMFS International 
Organizations and Agreements Division, 301-713-2282.

SUPPLEMENTARY INFORMATION:

Background

    At its annual meeting in Hobart, Tasmania, in 1986, CCAMLR, of 
which the United States is a member, adopted a conservation measure 
requiring the Commission at subsequent meetings to adopt limitations on 
catch, or to implement equivalent measures, which would be binding for 
species upon which fisheries are permitted in Convention subarea 48.3 
(South Georgia), depicted at (Figure 1 to part 380). The Commission 
has, also, adopted measures that apply to other Convention subareas.
    The measures adopted at the 1995 meeting of the Commission address 
the 1995-96 and 1996-97 fishing seasons. The measures are based upon 
the advice of the Scientific Committee and take into account research 
conducted by Commission members and the reports and recommendations of 
the Scientific Committee's working groups. The 1995-96 fishing season 
is defined as the period from November 4, 1995, to the end of the 
Commission meeting in 1996 (November 1, 1996). The 1996-97 fishing 
season is defined as the period from the end of the Commission meeting 
in 1996 (November 1, 1996) to the end of the Commission meeting in 1997 
(likely October 31, 1997). The 1997-98 fishing season is not defined, 
but will likely run for the period from October 31, 1997 to the end of 
the Commission meeting in 1998. There are shorter fishing periods 
defined for specific fisheries.

Comments and Responses

    The measures were announced and public comments invited (until 
January 9, 1996) by a Federal Register notice on December 12, 1995 (60 
FR 63752). Comments supporting the measures were received from the 
Pacific Seabird Group (PSG) and H.T. Harvey & Associates (Harvey).
    PSG suggested that longline gear be modified to release hooks and 
longlines underwater. Department of State (DOS) noted that the United 
States tabled a paper at the 1995 CCAMLR meeting on the potential for 
longline systems which release baited line underwater. The paper was 
strongly supported and CCAMLR requested that Members using such systems 
report to the Scientific Committee on their effectiveness in 
eliminating seabird bycatch.
    PSG recommended that CCAMLR study whether the number of seabirds 
attracted to longline sets would decrease if the dumping of offal were 
reduced. DOS noted that CCAMLR has prohibited the discharge of offal 
during setting or hauling on the side of the vessel on which longlines 
are set or hauled.
    PSG also suggested that CCAMLR study measures to decrease the 
effects of longlines on nocturnal foragers, like petrels, that become 
entangled and die when nets are set at night. DOS reported that CCAMLR 
has recognized the urgent need for research into ways of reducing the 
bycatch of white-chinned petrels, especially at night, and has called 
for further work on relationships between hook size and the bycatch of 
petrels.
    PSG urged that longline fishery measures be enforced, and their 
effects monitored and made public. DOS noted that in the Dissostichus 
eleginoides (Patagonian toothfish) fishery in subarea 48.3, the primary 
fishery in which seabird mortality has been a problem, all vessels are 
required by CCAMLR to have at least one scientific observer, appointed 
in accordance with the CCAMLR Scheme of International Scientific 
Observation, aboard throughout all fishing activities within the 
fishing period.
    With respect to the krill fishery, PSG recommended that CCAMLR 
scientists continue to monitor the fishery to determine whether the 
current precautionary limit is appropriate. DOS noted that the United 
States has concerns about the proposed use of a new krill productivity 
model and will ensure that the lower existing krill catch rate is 
maintained until the integrity of the newer model can be assured.
    Both PSG and Harvey recommended a study of the importance of 
Electrona carlsbergi (lanternfish) to the Scotia Sea ecosystem and 
foodwebs. DOS indicated that it will forward the suggestion to the 
interagency group involved in preparations for the 1996 meeting of 
CCAMLR.

A. Changes in Taxonomy

    The Commission recognized changes in taxonomy for Notothenia 
squamifrons (grey rockcod), now called Lepidorhirus squamifrons, and 
Notothenia gibberifrons (humped rockcod), now called Gobionotothen 
gibberifrons.

B. Data Reporting Requirements

    The Commission has, at past annual meetings, adopted detailed, 
fine-scale reporting requirements. These measures continue in force 
until amended or revoked. The Commission reduced the overall reporting 
burden for the 1995-96 fishing season.
    The Commission reopened the fishery for Champsocephalus gunnari 
(mackerel icefish) in statistical area 48.3 and required the use of: 
(1) CCAMLR Form C1 to report haul-by-haul data finescale catch and 
effort for trawl fisheries, and (2) CCAMLR Form B2 to report length 
composition measurements. The forms must be submitted at the end of 
each month of fishing. This reporting is a lesser level of reporting 
than in 1993-94, when the fishery was last open and during which 
fishers were also required to report catch and effort on a 5-day basis.
    The Commission modified the data requirements for the exploratory 
crab fishery in statistical subarea 48.3 by requiring a count of and 
estimated weight total for D. eleginoides and Notothenia rossii 
(marbled rockcod) and estimated total weight of other species taken as 
bycatch. The regulations impose this additional requirement, but remove 
past requirements for a Commercial Vessel Daily Activity Logbook; a 
Commercial Vessel Fishing Effort Logbook; and a Commercial Vessel 
CCAMLR Subsample Logbook. The data reporting required by the 
experimental harvest regime (adopted by the Commission in 1993 and 
included in previous regulations) serves the purpose of those logbook 
requirements.
    The Commission identified the bycatch species (any cephalopod, 
crustacean or fish species other than E. carlsbergi) to which the 
continuing requirement for monthly biological data reporting for E. 
carlsbergi in statistical subarea 48.3 applies. The regulations note 
these species.
    The Commission required the use of the existing systems of every 
10-day catch and effort reporting and monthly effort and biological 
data reporting to report data from the new fisheries for D. eleginoides 
and Dissostichus mawsoni (Antarctic toothfish) in statistical division 
58.4.3 and deep-water species in statistical division 58.5.2. However, 
since these bottom-trawling only fisheries are limited to Australian 
vessels, the data reporting requirements are not included in the 
regulations.
    The Commission made reporting for C. gunnari and D. eleginoides in 
statistical subarea 58.5.2 less burdensome, by reducing the frequency 
of required catch and effort reporting from every 5 days to every 10 
days.

C. Longline Fishing

    The Commission further defined the actions which fishers must take 
while longline fishing or conducting longline fishing research in the 
Convention Area in order to minimize the incidental 

[[Page 8485]]
mortality of seabirds. The regulations are amended to permit longline 
fishing consistent with Commission restrictions.

D. Finfishing in Subareas 48.1 (South Shetlands Islands)

    The Commission continued prohibitions on the taking of all species 
of finfish, other than for scientific research purposes, in subareas 
48.1 and 48.2 from November 6, 1993, until at least such time that a 
survey of stock biomass is carried out, and a decision that the fishery 
is to be reopened is made by the Commission based on the advice of the 
Scientific Committee.

E. Finfishing in Subarea 48.3 (South Georgia)

    The Commission took action on finfishing in subarea 48.3 for the 
1995-96, 1996-97, and 1997-98 fishing seasons, as follows:
    The prohibition on directed fishing for G. gibberifrons, 
Chaenocephalus aceratus (blackfin icefish), Pseudochaenichthys 
georgianus (South Georgia icefish), L. squamifrons, and Patagonotothen 
brevicauda guntheri (Patagonian rockcod) for the 1994-95 and 1995-96 
fishing seasons is continued.
    In any directed fishery in the subarea, in any fishing season, the 
bycatch limit for G. gibberifrons is 1,470 metric tons (mt); the 
bycatch limit for C. aceratus is 2,200 mt; and the bycatch limit for P. 
georgianus, N. rossii, and L. squamifrons is 300 mt each, the 1992-93 
levels. This measure was previously given seasonal application.
    The total allowable catch (TAC) for E. carlsbergi is reduced. The 
TAC for the 1995-96 fishing season is 109,000 mt. In addition, the TAC 
for E. carlsbergi is 14,500 mt in the Shag Rocks region. The directed 
fishery for E. carlsbergi will close if a bycatch limit set for G. 
gibberifrons, C. aceratus, P. georgianus, N. rossii, or L. squamifrons 
is reached for any of these species or if the TAC for E. carlsbergi 
reaches 109,000 mt, whichever comes first.
    The directed fishery for E. carlsbergi in the Shag Rocks region 
will close if a bycatch limit for any of the bycatch species is 
reached, or if the TAC of 14,500 mt is reached, whichever comes first. 
If, in the course of the directed fishery for E. carlsbergi, the 
bycatch of any one haul of the bycatch species exceeds 5 percent, the 
fishing vessel must move to another fishing location within the 
subarea. This location was not defined for the 1994-95 season. For the 
1995-96 season, it is defined as a fishing location not closer than 5 
nautical miles (9.26 km) distant. The fishing vessel must not fish for 
at least 5 days within 5 nautical miles (9.26 km) of the location in 
which the catch of species, other than the target species, exceeded 5 
percent. The relocation distance and the use of a 5-day waiting period 
were adopted pending the adoption of a more appropriate distance and 
period.
    The TAC of D. eleginoides was increased to 4,000 mt for a fishing 
season defined from March 1, 1996, to August 31, 1996, or until the TAC 
is reached, whichever comes first. Each vessel participating in the 
fishery must carry at least one scientific observer, appointed in 
accordance with the CCAMLR Scheme of International Scientific 
Observation, aboard throughout all fishing activities within the 
fishing period. Directed fishing must be by longlines only. Submission 
of catch and effort data continue to be required on an every-5-day 
reporting basis. The monthly reporting of representative samples of 
length composition measurements using forms provided by the Scientific 
Committee continues to be required during the 1995-96 fishing season. 
Failure by any Contracting Party, including the United States, to 
submit length composition data for three consecutive reporting periods 
will result in the closure of the fishery to the vessels of the 
Contracting Party.
    The fishery for C. gunnari was reopened with a TAC of 1,000 mt. The 
directed fishery for C. gunnari will close when the bycatch limit for 
any designated bycatch species is reached. If, in the course of the 
directed fishery, the bycatch of any one haul of a designated bycatch 
species exceeds 5 percent, the fishing vessel must move to another 
location not closer than 5 nautical miles (9.26 km) distant. For at 
least 5 days, the fishing vessel must fish within 5 nautical miles 
(9.26 km) of the location in which the bycatch exceeded 5 percent. 
Vessels must undertake a scientific survey carried out in accordance 
with a survey design specified in the CCAMLR Draft Manual for Bottom 
Trawl Surveys in the Convention Area. Each vessel must have a 
scientific observer, appointed in accordance with the CCAMLR Scheme of 
International Scientific Observation, aboard throughout all fishing 
activities within the fishing season.

F. Finfishing in Subarea 48.4 (South Sandwich Islands)

    The TAC for D. eleginoides in subarea 48.4 is 28 mt for the 1995-96 
fishing season beginning March 1, 1996, and ending on the earliest of 
August 31, 1996; reaching the TAC for D. eleginoides in subarea 48.3; 
or reaching the TAC for D. eleginoides in subarea 48.4. Each vessel 
participating in the fishery must carry at least one scientific 
observer, appointed in accordance with the CCAMLR Scheme of 
International Scientific Observation, aboard throughout all fishing 
activities within the fishing period.
    Every 5-day catch and effort data and monthly reporting of 
representative samples of length composition measurements using forms 
provided by the Scientific Committee continue to be required.

G. Finfishing in Division 58.4.3

    Finfishing for Dissostichus species in statistical division 58.4.3 
for the 1995-96 fishing season is closed to all but Australian vessels.

H. Finfishing in Division 58.4.4 (Ob and Lena Banks)

    Measures adopted in 1992 setting TACs for the 1993-94 fishing 
season were continued at the 1994 meeting for the 1994-95 and 1995-96 
fishing seasons. The TAC for L. squamifrons for the 2-year period is 
1,150 mt with 715 mt allocated to Lena Bank and 435 mt allocated to Ob 
Bank. Each vessel participating in the fishery in 1994-95 and 1995-96 
must carry at least one scientific observer, appointed in accordance 
with the CCAMLR Scheme of International Scientific Observation, aboard 
throughout all fishing activities within the fishing period.

I. Finfishing in Division 58.5.32 (McDonald and Heard Islands)

    In 1994, the Commission adopted a measure of continuing application 
setting precautionary catch limits in division 58.5.2 of 311 mt for C. 
gunnari and 297 mt (by trawling only) for D. eleginoides. The monthly 
effort and biological data reporting requirement established previously 
for other fisheries continues to apply, but the 5-day reporting of 
catch and effort has been reduced to 10-day reporting.
    Fishing seasons commence in each year at the close of the annual 
meeting of the Commission and continue until the earlier of June 30 or 
reaching the precautionary catch limits.
    If in the course of a directed fishery for D. eleginoides or C. 
gunnari, the bycatch in any haul of the species L. squamifrons, N. 
rossii, Channichthys rhineratus (unicorn icefish) of Bathyraja spp. 
(Antarctic rays) exceeds 5 percent, the fishing vessel must move to 
another fishing location not closer than 5 nautical miles (9.26 km) 
distant. For a period of at least 5 days, the fishing vessel must not 
fish within 5 nautical 

[[Page 8486]]
miles (9.26 km) of the location in which the bycatch exceeded 5 
percent. The relocation distance and the use of a 5-day waiting period 
were adopted pending the adoption of a more appropriate distance and 
period.
    In statistical division 58.5.2, fishing for deep-water species 
other than D. eleginoides is closed to all but Australian vessels for 
the 1995-96 fishing season.

J. Fishing for Euphausia superba (Antarctic Krill)

    Measures adopted by the Commission at its 1991 and 1992 meetings 
capping the catch of krill at 1.5 million mt in area 48 in any season 
continues in force. The cap in subarea 58.4.2 was raised to 450,000 mt 
during any fishing season.

K. Fishing for Antarctic Crab

    The Commission continued measures adopted in 1992 limiting the 
exploratory crab fishery in subarea 48.3 and specifying data 
requirements through the 1995-96 fishing season. The crab fishery 
continues to be limited to a TAC of 1,600 mt and to one vessel per 
Commission Member.
    An experimental harvest regime (EHR) adopted in 1993 was extended 
through the 1997-98 fishing season. Vessels conducting Phase 2 of the 
EHR are no longer required to fish within squares as defined by 
specific longitude and latitude. Fishing during Phase 2 requires that 
vessels fish in 3 squares measuring approximately 26 square nautical 
miles (48.15 square km) in an area and with overall dimensions of 
6 deg. lat by 7.5 deg. long. Vessel captains determine the location of 
the 3 squares to be fished, but the squares selected must be contiguous 
and the distance between the boundaries of any 2 squares must be at 
least 4 nautical miles (7.41 km). This will allow vessels to fish in 
preferred depth ranges.
    The soak time for each string of crab pots is defined as the time 
between the start of setting and the start of hauling.

Classification

    NMFS has determined that this rule is necessary to implement the 
Antarctic Marine Living Resources Convention Act of 1984 (the Act) and 
to give effect to the management measures adopted by CCAMLR and agreed 
to by the United States.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    It is exempt from section 553 of the Administrative Procedure Act, 
because it involves a foreign affairs function of the United States.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act, unless that collection of 
information displays a currently valid OMB Control Number.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act. The collection of information has been 
approved by OMB under OMB Control Number 648-0194, which expires August 
31, 1997. The annual reporting burden for this collection of 
information is estimated to average 44\1/2\ hours in harvesting and 
import permit-related activities; 1\1/2\ hours in CCAMLR Ecosystem 
Monitoring Program permit-related activities; \1/2\ hour for finfish 
reporting in the crab fishery; 6\1/2\ hours for crab data reporting; 1 
hour of radio contact; and \1/2\ hour for reporting biological data in 
the finfish and crab fisheries. The response estimates shown include 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to Robin Tuttle, NMFS, 
and to the Office of Information and Regulatory Affairs (see 
ADDRESSES).

List of Subjects in 50 CFR Part 380

    Administrative practice and procedure, Antarctica, Fish, Imports, 
Marine resources, Reporting and recordkeeping requirements, Treaties, 
Wildlife.

    Dated: February 23, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 380 is amended 
as follows:

PART 380--ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984

    1. The authority citation for part 380 continues to read as 
follows:

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


Sec. 380.2  [Amended]

    2. In Sec. 380.2, the definition of ``fishing season'' is removed, 
and in the definition for ``Antarctic finfishes'', in the table, the 
entries in the left column Notothenia gibberifrons and Notothenia 
squamifrons are removed and the entries Gobionotothen gibberifrons and 
Lepidorhirus squamifrons are added in their place, respectively.
    3. In Sec. 380.23, paragraphs (b)(1), (c) through (j), paragraphs 
(k) introductory text, (k)(5)(v)(A), (k)(5)(ix), and (k)(5)(xiii) are 
revised and paragraphs (k)(5)(ii)(G) and (l) through (n) are added to 
read as follows:


Sec. 380.23  Catch restrictions.

* * * * *
    (b) * * *
    (1) The total catch of E. superba shall not exceed 450,000 mt in 
any fishing season.
* * * * *
    (c) The following catch restrictions apply to D. eleginoides in 
statistical subarea 48.4 (Figure 1 to part 380):
    (1) The total catch of D. eleginoides shall not exceed 28 mt.
    (2) For the purposes of applying this catch restriction, the 
fishing season begins on March 1, 1996, and ends on August 31, 1996.
    (3) Each vessel participating in the fishery must carry at least 
one scientific observer, appointed in accordance with the CCAMLR Scheme 
of International Scientific Observation, aboard throughout all fishing 
activities within the fishing period.
    (d) The following directed fishing is prohibited in statistical 
subarea 48.3 (Figure 1 to part 380):
    (1) Directed fishing on N. rossii.
    (2) Directed fishing on G. gibberifrons, C. aceratus, P. 
georgianus, L. squamifrons, and P.b. guntheri from November 5, 1994, 
through November 1, 1996.
    (e) The following bycatch limitations apply in statistical subarea 
48.3 during any fishing season:
    (1) The bycatch of G. gibberifrons shall not exceed 1,470 mt.
    (2) The bycatch of C. aceratus shall not exceed 2,200 mt.
    (3) The bycatch of P. georgianus, N. rossii, and L. squamifrons 
shall not exceed 300 mt each.
    (f) The following catch restrictions apply to D. eleginoides in 
statistical subarea 48.3 from March 1, 1996, through August 31, 1996, 
or until the total allowable catch is reached, whichever comes first:
    (1) The total catch of D. eleginoides shall not exceed 4,000 mt.
    (2) Each vessel participating in the fishery must carry at least 
one scientific observer, appointed in accordance with the CCAMLR Scheme 
of International Scientific Observation, aboard throughout all fishing 
activities within the fishing period.
    (g) The following catch restrictions apply to E. carlsbergi in 
statistical 

[[Page 8487]]
subarea 48.3 from November 3, 1995, through November 1, 1996:
    (1) The total catch of E. carlsbergi shall not exceed 109,000 mt.
    (2) The total catch of E. carlsbergi shall not exceed 14,500 mt in 
the Shag Rocks region, defined as the area bounded by 52 deg.30' S. 
lat., 40 deg. W. long.; 52 deg.30' S. lat., 44 deg. W. long.; 
54 deg.30' S. lat., 40 deg. W. long.; and 54 deg.30' S. lat., 44 deg. 
W. long..
    (3) If in the course of the directed fishery for E. carlsbergi, the 
bycatch in any one haul exceeds 5 percent of any bycatch species in 
paragraph (e), the fishing vessel must move to another fishing location 
within the subarea not closer than 5 nautical miles (9.26 km), for a 
period of at least 5 days.
    (h) The taking of finfish, other than for scientific research 
purposes, is prohibited in subareas 48.1 and 48.2 (Figure 1 to part 
380).
    (i) The following catch restrictions apply to L. squamifrons in 
statistical division 58.4.4 (Figure 1 to part 380) from November 5, 
1994, through November 1, 1996:
    (1) The total catch of L. squamifrons for this period shall not 
exceed 715 m on Lena Bank and 435 mt on Ob Bank.
    (2) Each vessel participating in the fishery shall carry a 
scientific observer, appointed in accordance with the CCAMLR scheme of 
International Scientific Observation aboard throughout all fishing 
activities within the fishing period.
    (j) The following catch restrictions apply to statistical division 
58.5.2 (Figure 1 to part 380) for each fishing season. (For purposes of 
applying this limit, a fishing season begins at the close of the annual 
meeting of CCAMLR and continues until the earlier of June 30 or until 
respective precautionary catch limits are reached, whichever comes 
first):
    (1) The total catch limit for C. gunnari is 311 mt.
    (2) The total catch limit for D. eleginoides is 297 mt.
    (3) If in the course of a directed fishery for C. gunnari or D. 
eleginoides, the bycatch in any haul exceeds 5 percent for L. 
squamifrons, N. rossii, C. rhinoceratus or Bathyraja spp., the fishing 
vessel shall move to another location not closer than 5 nautical miles 
(9.26 km) distant. For a period of at least 5 days, the fishing vessel 
shall not fish within 5 nautical miles (9.26 km) of the location in 
which the bycatch exceeded 5 percent.
    (k) The following catch restrictions apply to fishing for any 
Antarctic crab species in the crab group Order Decapoda, Suborder 
Reptantia, in statistical area 48 from November 4, 1995, through 
November 1, 1996:
* * * * *
    (5) * * *
    (ii) * * *
    (G) Soak time is defined for each string of crab pots as the time 
between the start of setting and the start of hauling.
* * * * *
    (v) * * *
    (A) Every vessel conducting Phase 2 shall fish in 3 small squares 
measuring approximately 26 nautical miles (48.15 km) in area (the 
dimension of these squares shall be 6.0 deg. lat. by 7.5 deg. long. The 
squares shall be subdivisions of the blocks delineated in Phase 1 of 
the experimental regime. Vessel captain shall determine the location of 
the 3 squares that will be fished, but selected squares may not be 
contiguous and the distance between the boundaries of any 2 squares 
must be at least 4 nautical miles (7.41 km).
* * * * *
    (ix) Data collected during the experimental harvest regime up to 
June 30 in any split-year shall be submitted to the CCAMLR Data manager 
by August 31 of the following split year.
* * * * *
    (xiii) The experimental regime shall be instituted for a period of 
3 split-years (1995-96 to 1997-98). Fishing vessels that begin 
experimental fishing in the 1997-98 split-year must complete the regime 
during the 1998-99 split-year.
    (l) The following catch restrictions apply to C. gunnari in 
statistical subarea 48.3 from November 3, 1995, through March 31, 1996:
    (1) The total catch of C. gunnari shall not exceed 1,000 mt.
    (2) The fishery shall close if the bycatch of any of the species 
listed in paragraph (e) above reaches its bycatch limit or if the total 
catch of C. gunnari reaches 1,000 mt, whichever comes first.
    (3) If, in the course of the directed fishery for C. gunnari, the 
bycatch in any one haul exceeds 5 percent for any of the species listed 
in paragraph (e) of this section, the fishing vessel shall move to 
another location not closer than 5 nautical miles (9.26 km) distant. 
For a period of at least 5 days, the fishing vessel shall not fish 
within 5 nautical miles (9.26 km) of the location in which the bycatch 
exceeded 5 percent.
    (4) Each vessel participating in the directed fishery for C. 
gunnari is required to undertake a scientific survey carried out in 
accordance with the survey design specified in the CCAMLR Draft Manual 
for Bottom Trawl Surveys in the Convention Area.
    (5) Each vessel participating in the directed fishery for C. 
gunnari shall have a scientific observer, appointed in accordance with 
the CCAMLR Scheme of International Scientific Observation, aboard 
throughout all fishing activities within the fishing season.
    (m) Vessels of, and persons subject to the jurisdiction of, the 
United States shall not fish for D. eleginoides and D. mawsoni in 
statistical 58.4.3 from November 4, 1995, through June 30, 1996.
    (n) Vessels of, and persons subject to the jurisdiction of, the 
United States shall not fish for deep-water species other than D. 
eleginoides and C. gunnari in statistical division 58.5.2 from November 
4, 1995, through June 30, 1996.
    4. In Sec. 380.24, the introductory text to paragraphs (a) through 
(d) are revised, paragraph (e) is removed, paragraphs (f) and (g) are 
redesignated as paragraphs (e) and (f) respectively, the introductory 
text to redesignated paragraphs (e), (f), (f)(1), and redesignated 
paragraphs (f)(2) and (f)(3) are revised, and paragraphs (e)(4), (e)(5) 
and (f)(4) are added to read as follows:


Sec. 380.24  Reporting requirements.

    (a) Five-day catch and effort reporting is established for catches 
in the Convention Area greater than 5 mt taken during fishing for 
research purposes; for D. eleginoides in statistical subareas 48.3 and 
48.4; and for L. squamifrons in statistical division 58.4.4 as follows:
* * * * *
    (b) Ten-day catch and effort reporting is established for fishing 
for any member of the crab group (Order Decapoda, Suborder Reptania) in 
statistical area 48; C. gunnari in statistical division 58.5.2; and D. 
eleginoides in statistical division 58.5.2 as follows:
* * * * *
    (c) Monthly catch and effort reporting is established for E. 
superba in statistical area 48 and in statistical subdivision 58.4.2; 
and for E. carlsbergi in statistical subarea 48.3 as follows:
* * * * *
    (d) Monthly effort and biological data reporting for trawl 
fisheries is established for E. carlsbergi in statistical subarea 48.3; 
for the bycatch of any cephalopod, crustacean or fish species other 
than E. carlsbergi in the directed fishery for E. carlsbergi in 
statistical area 48.3; for L. squamifrons in statistical division 
58.4.4; for the bycatch of D. eleginoides in the directed fishery for 
L. squamifrons in statistical division 58.4.4. for C. gunnari in 
statistical division 58.5.2; and for D. eleginoides in statistical 
division 58.5.2 as follows:
* * * * * 

[[Page 8488]]

    (e) Monthly effort and biological data D. eleginoides for fishing 
in statistical subareas 48.3 and 48.4 from November 3, 1995, through 
November 1, 1996, is established as follows:
* * * * *
    (4) Haul-by-haul data must be reported to the Assistant 
Administrator For Fisheries, NOAA (AA) not later than the end of 
following month on the CCAMLR fine-scale catch and effort data form for 
longline fisheries (Form C2, latest version). These data shall include 
numbers of seabirds and marine mammals of each species caught and 
released or killed.
    (5) Completed forms B2 and C2 must be conveyed by cable, telex, 
rapidfax, or other appropriately timely method to the number or address 
specified in the vessel's permit, and must include the vessel's name, 
permit number, month of reporting, and the catch in metric tons (to the 
nearest tenth of a metric ton). If no restricted species are taken 
during a reporting period, the operator must submit a form showing no 
catch or bycatch.
    (f) Reporting for crab fishing (Order Decapoda, Suborder Reptania) 
in statistical area 48 is required as follows:
    (1) The following data must be reported to the CCAMLR Data Manager 
by August 31, 1996 for catches taken between November 4, 1995, and July 
31, 1996; by September 30, 1996 for catches taken between July 31, 1996 
and August 31, 1996; and by November 17, 1996 for catches taken between 
August 31, 1996 and November 1, 1996:
* * * * *
    (2) Data gathered during the experimental harvest regime described 
in Sec. 380.23 (k) shall be reported to CCAMLR Data Manager upon the 
completion of each phase of the experimental harvest.
    (3) Every 10-day reporting of catch and effort data, as described 
in paragraph (b), is required during normal fishing between Phase 1 and 
Phase 2, and between Phase 2 and Phase 3 of the experimental harvest 
regime. Reports shall be submitted to the CCAMLR Data Manager.
    (4) Copies of all data provided directly to the CCAMLR Data Manager 
shall be concurrently provided to the AA to the number or address 
specified in the vessel's permit, and must include the vessel's name, 
permit number, month of reporting, and catch in metric tons (to the 
nearest tenth of a metric ton).
    5. In Sec. 380.26, paragraphs (b) through (i) are revised to read 
as follows:


Sec. 380.26  Closures.

* * * * *
    (b) The fishery for D. eleginoides in statistical subarea 48.3 
shall close on August 31, 1996, or when the total catch reaches 4,000 
mt, whichever comes first.
    (c) The fishery for D. eleginoides in statistical subarea 48.4 
shall close on August 31, 1996, reaching the total allowable catch for 
D. eleginoides in statistical subarea 48.3, or when the total catch 
reaches 28 mt, whichever comes first.
    (d) The fishery for C. gunnari in statistical subarea 48.3 shall 
close on November 1, 1996, or when the total catch reaches 1,000 mt, 
whichever comes first.
    (e) The directed fishery for E. carlsbergi in statistical subarea 
48.3 shall close November 1, 1996, or when the bycatch of any of the 
species G. gibberifrons, C. aceratus, N. rossii, L. squamifrons, P. 
georgianus, or P.B. guntheri reaches its bycatch limit, or when the 
total catch of E. carlsbergi reaches 109,000 mt, whichever comes first.
    (f) The directed fishery for E. carlsbergi in the Shag Rocks region 
of statistical subarea 48.3 shall close November 1, 1996, or when the 
bycatch of any of the species named in paragraph (e) of this section 
reaches its bycatch limit, or when the total catch of E. carlsbergi 
reaches 14,500 mt, whichever comes first.
    (g) The fishery for L. squamifrons on Lena Bank in statistical 
division 58.4.4 shall close November 1, 1996, or when the total catch 
reaches 715 mt, whichever comes first.
    (h) The fishery for L. squamifrons on Ob Bank in statistical 
division 58.4.4 shall close November 1, 1996, or when the total catch 
reaches 435 mt whichever comes first.
    (i) The fishery for C. gunnari and D. eleginoides in statistical 
division 58.5.2 shall close the earlier of June 30 or until 
precautionary catch limits of 311 mt and 297 mt, respectively, are 
reached, whichever comes first.
    6. Section 380.27 is revised to read as follows:


Sec. 380.27  Gear restrictions.

    (a) Longline fishing or longline fishing research in the Convention 
area (except for waters adjacent to the Kerguelen and Crozet Islands 
and the Prince Edward islands) shall be conducted as follows:
    (1) Fishing operations shall be conducted in such a way that the 
baited hooks sink as soon as possible after they are put in the water. 
Only thawed bait shall be used.
    (2) For vessels using the Spanish method of longline fishing, 
weights should be released before line tension occurs; whenever 
possible weights of at least 6 kg mass should be used, spaced at 20 m 
intervals.
    (3) Longlines shall be set only at night (between the times of 
nautical twilight). During longline fishing at night, only the minimum 
ship's lights necessary for safety shall be used. Wherever possible, 
setting of lines should be completed at least 3 hours before dawn (to 
reduce loss of bait to/catches of white-chinned petrels).
    (4) The dumping of offal shall be avoided as far as possible while 
longlines are being set or hauled; if discharge of offal is 
unavoidable, the discharge must take place on the opposite side of the 
vessel to that where longlines are set or hauled.
    (5) Every effort should be made to ensure that birds captured alive 
during longlining are released alive and that wherever possible hooks 
are removed without jeopardizing the life of the bird concerned.
    (6) A streamer line designed to discourage birds from settling on 
baits during deployment of longlines shall be towed. Specification of 
the streamer line is given in Figure 2 to part 380. Details of the 
construction relating to the number and placement of swivels may be 
varied so long as the effective sea surface covered by the streamers is 
no less than that covered by the currently specified design. Details of 
the device dragged in the water in order to create tension in the line 
may also be varied.
    (7) The streamer line is to be suspended at the stern from a point 
approximately 4.5 m above the water and such that the line is directly 
above the point where the baits hit the water.
    (8) The streamer line is to be approximately 3 mm diameter, have a 
minimum length of 150 m and have a device at the end to create tension 
so that the main line streams directly behind the ship even in cross 
winds.
    (9) At 5 m intervals commencing from the point of attachment to the 
ship five branch streamers each comprising two strands of approximately 
3 mm cord should be attached. The length of the streamer should range 
between approximately 3.5 m nearest the ship to approximately 1.25 m 
for the fifth streamer. When the streamer line is deployed the branch 
streamers should reach the sea surface and periodically dip into it as 
the ship heaves. Swivels should be placed in the streamer line at the 
towing point, before and after the point of attachment of each branch 
streamer and immediately before any weight placed at the end of the 
streamer line. Each branch streamer should also have a swivel at its 
attachment to the streamer line. 

[[Page 8489]]

    (10) Variations in the design of the streamer lines may be tested 
on vessels carrying two observers, at least one appointed in accordance 
with the CCAMLR Scheme of International Scientific observation, 
providing that all other elements of this paragraph are complied with. 
The streamer lines under test should be constructed and operated taking 
full account of principles developed by the CCAMLR Working Group on 
Incidental Mortality Arising from Longline fishing (WG-IMALF) and 
available from the AERG. Testing should be carried out independently of 
actual commercial fishing and in a manner consistent with Sec. 380.30 
on exploratory fisheries.
    (b) The use of net monitor cables on harvesting vessels in the 
Convention Area (Figure 1 to part 380) is prohibited.
    (c) The use of bottom trawls in the directed fishery for C. gunnari 
in statistical subarea 48.3 from November 3, 1995, through November 1, 
1996, is prohibited.
    (d) The use of any gear, except trawls, in the fisheries for C. 
gunnari and D. eleginoides in statistical subdivision 58.2.2 is 
prohibited.
    (e) The use of any gear, except longlines, in the directed fishery 
for D. eleginoides in statistical subarea 48.3 from November 3, 1995, 
through November 1, 1996, is prohibited.
    (f) The use of any gear, except longlines, in the directed fishery 
for D. eleginoides in statistical subarea 48.4 from November 3, 1995, 
through November 1, 1996, is prohibited.
    (g) The use of any gear, except crab pots (traps), in the crab 
fishery in statistical area 48 from November 3, 1995, through November 
1, 1996, is prohibited.
    Figure 2 [Redesignated as Appendix A to Part 380; Amended]
    7. Figure 2 to part 380 is redesignated as Appendix A to part 380 
and Table 2 to newly redesignated Appendix A is removed.
    Figure 3 [Redesignated as Appendix B to Part 380]
    8. Figure 3 to part 380 is redesignated as Appendix B to part 380 
and revised to read as follows:

Appendix B to Part 380--Data Requirements for the Crab Fishery in 
Statistical Subarea 48.3

I. Catch and Effort Data

    (1) Cruise Descriptions: Cruise code, vessel code, permit 
number, year.
    (2) Pot Descriptions: Pot shape, dimensions, mesh size, funnel 
attitude, number of chambers, presence of an escape port.
    (3) Effort Descriptions: Date, time, latitude, and longitude of 
the start 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.
    (4) Catch Descriptions: Retained catch in numbers, bycatch of 
all species, incremental record number for linking with sample 
information.

II. Data Requirements for Bycatch Species in the Exploratory Crab 
Fishery in Statistical Subarea 48.3

------------------------------------------------------------------------
                  Species                         Data requirements     
------------------------------------------------------------------------
Dissostichus eleginoides..................  Numbers and estimated total 
                                             weight.                    
Notothenia rossii.........................  Numbers and estimated total 
                                             weight.                    
Other species.............................  Estimated total weight.     
------------------------------------------------------------------------

III. 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.
    (1) Cruise Descriptions: Cruise code, vessel code, permit 
number.
    (2) Sample Descriptions: Date, position at the start of the set, 
line number.
    (3) 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 numbers from which the crab come.

    9. In part 380, the words ``Figure 2'' and ``Figure 3'' are removed 
wherever they appear and the words ``Appendix A'' and ``Appendix B'' 
are added in their place, respectively.
    10. A new Figure 2 is added to part 380 to read as follows:

BILLING CODE 3510-22-W

[[Page 8490]]
[GRAPHIC] [TIFF OMITTED] TR05MR96.003



Figure 2 to Part 380--The Use of Streamer Lines to Minimize the 
Incidental Mortality of Seabirds in the Course of Longline Fishing or 
Longline Fishing Research Operations in the Convention Area (see 
Sec. 380.27 for specifications on use)

[FR Doc. 96-4756 Filed 2-29-96; 3:19 pm]
BILLING CODE 3510-22-C