[Federal Register Volume 63, Number 22 (Tuesday, February 3, 1998)]
[Notices]
[Pages 5587-5598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2127]


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DEPARTMENT OF STATE

[Public Notice No. 2709]


Bureau of Oceans and International Environmental and Scientific 
Affairs; Conservation Measures for Antarctic Fishing Under the Auspices 
of the Commission for the Conservation of Antarctic Marine Living 
Resources

AGENCY: Bureau of Oceans and International Environmental and Scientific 
Affairs, State.

ACTION: Public Notice.

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SUMMARY: At its Sixteenth Meeting in Hobart, Tasmania, October 27 to 
November 7, 1997, the Commission for the Conservation of Antarctic 
Marine Living Resources (CCAMLR), of which the United States is a 
member, adopted conservation measures, pending countries' approval, 
pertaining to fishing in the CCAMLR Convention Area in Antarctic 
waters. These were agreed upon in accordance with Article IX of the 
Convention for the Conservation of Antarctic Marine Living Resources. 
The measures restrict overall catches of certain species of fish, 
prohibit the taking of certain species of fish, list the fishing 
seasons, define the reporting requirements, specify measures that must 
be taken to minimize the incidental taking of non-target species, 
require contracting parties to license their Flag vessels in

[[Page 5588]]

the Convention area, and urge vessel monitoring systems.
    This notice lists the conservation measures adopted at the 
sixteenth meeting of CCAMLR as well as the conservation measures 
remaining in force from previous years which are not otherwise 
addressed by U.S. regulations (see SUPPLEMENTARY INFORMATION). This 
notice, therefore, together with the U.S. regulations referenced under 
Supplementary Information, provide a comprehensive register of all 
current U.S. obligations under CCAMLR.

DATE: Persons wishing to comment on the measures or desiring more 
information should submit written comments on or before March 5, 1998.

FOR FURTHER INFORMATION CONTACT: Alfred Schandlbauer, Office of Oceans 
Affairs (OES/OA), Room 5805, Department of State, Washington, D.C. 
20520, 202-736-4928.

SUPPLEMENTARY INFORMATION: Individuals interested in CCAMLR should also 
see Federal Register Vol. 61, No. 244, December 18, 1996; Federal 
Register Vol. 61, No. 130, July 5, 1996; CFR part 902, Subpart G--
Antarctic Marine Living Resources, and; CFR Chapter III--International 
Fishing and Related Activities, part 300--International Fisheries 
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. These regulations give effect to CCAMLR Conservation 
Measures which are not expected to change from year to year and 
describe the process for regulating U.S. fishing in the Convention 
area. The regulations 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. For copies of the figures and tables 
mentioned in the conservation measures, contact Alfred Schandlbauer at 
the Office of Oceans Affairs, Room 5805, Department of State, 
Washington, D.C. 20520 Tel: 202 736-4928.
    Conservation Measures Adopted at the Sixteenth Meeting of the 
Commission on the Conservation of Antarctic Marine Living Resources 
(CCAMLR XVI):
    At its Sixteenth Annual Meeting in Hobart, Tasmania, October 27 to 
November 7, 1997, the Commission on the Conservation of Antarctic 
Marine Living Resources (CCAMLR) revised several of its previously 
adopted Conservation Measures and adopted the following additional 
measures:

Conservation Measure 29/XVI, 2, 3, 4, 5 

Minimization of the Incidental Mortality of Seabirds in the Course of 
Longline Fishing or Longline Fishing Research in the Convention Area

    The Commission,
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    \1\ Except for waters adjacent to the Kerguelen and Crozet 
Islands.
    \2\ Except for waters adjacent to the Prince Edward Islands.
    \3\ The exact times of nautical twilight are set forth in the 
Nautical Almanac tables for the relevant latitude, local time and 
date. All times, whether for ship operations or observer reporting, 
shall be referenced to GMT.
    \4\ 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).
    \5\ The streamer lines under test should be constructed and 
operated taking full account of the principles set out in wg-imalf-
94/19 (available from the CCAMLR Secretariat); testing should be 
carried out independently of actual commercial fishing and in a 
manner consistent with the spirit of Conservation Measure 65/XII.
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    Noting the need to reduce the incidental mortality of seabirds 
during longline fishing by minimizing their attraction to fishing 
vessels and by preventing them from attempting to seize baited hooks, 
particularly during the period when the lines are set,
    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 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; weights of at 
least 6 kg mass should be used, spaced at intervals of no more than 20 
m.
    3. Longlines shall be set at night only (i.e. during the hours of 
darkness between the times of nautical twilight). During longline 
fishing at night, only the minimum ship's lights necessary for safety 
shall be used.
    4. The dumping of offal is prohibited while longlines are being 
set. The dumping of offal during the haul shall be avoided as far as 
possible; if discharge of offal during the haul is unavoidable, this 
discharge shall take place on the opposite side of the vessel to that 
where longlines are 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 and its method of deployment is given in the Appendix 
to this Measure. 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. Other variations in the design of 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 Conservation Measure are 
complied with.

Conservation Measure 72/XVI

Prohibition of Directed Fishing for Finfish other than Longlining for 
Dissostichus spp. in Statistical Subarea 48.1

    Taking of finfish, other than for scientific research purposes, 
with the exception of longlining for Dissostichus spp. in waters deeper 
than 600 m in accordance with Conservation Measure UU/XVI, is 
prohibited in Statistical Subarea 48.1 from 8 November 1997 until at 
least such time that a survey of stock biomass is carried out, its 
results reported to and analyzed 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 73/XVI

Prohibition of Directed Fishing for Finfish other than Longlining for 
Dissostichus spp. in Statistical Subarea 48.2

    Taking of finfish, other than for scientific research purposes, 
with the exception of longlining for Dissostichus spp. in waters deeper 
than 600 m in accordance with Conservation Measure VV/XVI, is 
prohibited in Statistical Subarea 48.2 from 8 November 1997 until at 
least such time that a survey of stock biomass is carried out, its 
results reported to and analyzed by the

[[Page 5589]]

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 118/XVI

Scheme to Promote Compliance by Non-Contracting Party Vessels with 
CCAMLR Conservation Measures

    The Commission hereby adopts the following Conservation Measure in 
accordance with Article ix.2(i) of the Convention:
    1. A non-Contracting Party vessel which has been sighted engaging 
in fishing activities in the Convention Area 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 non-Contracting Party Vessel which has engaged in such 
activities with that vessel.
    2. Information regarding such sightings shall be transmitted 
immediately to the Commission in accordance with Article xxii of this 
Convention. The Secretariat shall transmit this information to all 
Contracting Parties within one business day of receiving this 
information, and to the flag State of the sighted vessel as soon as 
possible.
    3. The Contracting Party which sights the non-Contracting Party 
vessel shall attempt to inform the vessel that it has been sighted 
engaging in fishing activities in the Convention Area and is 
accordingly presumed to be undermining the objective of the Convention 
and that this information will be distributed to all Contracting 
Parties to the Convention and to the flag State of the vessel.
    4. When a non-Contracting Party vessel referred to in paragraph 1 
enters a port of any Contracting Party, it shall be inspected by 
authorised Contracting Party officials knowledgeable of CCAMLR 
Conservation Measures and shall not be allowed to land or tranship any 
fish until this inspection has taken place. Such inspections shall 
include the vessel's documents, log books, fishing gear, catch on board 
and any other matter relating to the vessel's activities in the 
Convention Area.
    5. Landings and transhipments of all fish from a non-Contracting 
Party vessel which has been inspected pursuant to paragraph 4, shall be 
prohibited in all Contracting Party ports if such inspection reveals 
that the vessel has onboard species subject to CCAMLR Conservation 
Measures, unless the vessel establishes that the fish were caught 
outside the Convention Area or in compliance with all relevant CCAMLR 
Conservation Measures and requirements under the Convention.
    6. Contracting Parties shall ensure that their vessels do not 
receive transhipments of fish from a non-Contracting Party vessel which 
has been sighted and reported as having engaged in fishing activities 
in the Convention Area and therefore presumed as having undermined the 
effectiveness of CCAMLR Conservation Measures.
    7. Information on the results of all inspections of non-Contracting 
Party vessels conducted in the ports of Contracting Parties, and on any 
subsequent action, shall be transmitted immediately to the Commission. 
The Secretariat shall transmit this information immediately to all 
Contracting Parties and to the relevant flag State(s).

Conservation Measure 119/XVI1, 2

Requirement for Contracting Parties to License their Flag Vessels in 
the Convention Area

    The Commission hereby adopts the following Conservation Measure in 
accordance with Article ix of the Convention:
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    \1\ Except for waters adjacent to the Prince Edward Islands.
    \2\ Except for waters adjacent to Kerguelen and Crozet islands.
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    Each Contracting Party shall prohibit fishing by its flag vessels 
in the Convention Area except pursuant to a license or permit that the 
Contracting Party has issued setting forth the specific areas and time 
periods during which such fishing is authorized and all other specific 
conditions to which the fishing is subject to give effect to CCAMLR 
Conservation Measures and requirements under the Convention.

Conservation Measure 120/XVI

Prohibition on Directed Fishing for Dissostichus spp. except in 
Accordance with Specific Conservation Measures

    The Commission,
    Concerned to ensure the regulation of directed fishing for 
Dissostichus spp. in all statistical areas and subareas in the 
Convention Area, and
    Noting that Conservation Measures in respect of the regulation of 
Dissostichus spp. have been agreed for all areas except Subarea 48.5 
and Divisions 58.4.1 and 58.4.2,
    hereby adopts the following Conservation Measure in accordance with 
Article IX of the Convention:
    Directed fishing for Dissostichus spp. in Subarea 48.5 and 
Divisions 58.4.1 and 58.4.2 is prohibited from the close of the 1997 
Commission meeting until the close of the 1998 Commission meeting.

Conservation Measure 121/XVI1, 2

Monthly Fine-Scale Biological Data Reporting System for Trawl and 
Longline Fisheries

    This Conservation Measure is adopted in accordance with 
Conservation Measure 7/V, where appropriate.
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    \1\ Except for waters adjacent to Kerguelen and Crozet islands.
    \2\ Except for waters adjacent to the Prince Edward Islands.
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    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, latest version). 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 centimeter below;
    (ii) a representative sample of length composition should be taken 
from each single fine-scale grid rectangle (0.5 deg. latitude by 1 deg. 
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.

[[Page 5590]]

Conservation Measure 122/XVI1,2

Monthly Fine-Scale Catch and Effort Data Reporting System for Trawl and 
Longline Fisheries

    This Conservation Measure is adopted in accordance with 
Conservation Measure 7/V, where appropriate.
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    \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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    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, latest 
version or longline fisheries Form C2, latest version). 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.

Conservation Measure 123/XVI

Limitation of the Total Catch of Champsocephalus gunnari in Statistical 
Subarea 48.3 in the 1997/98 Season

    The Commission adopted this Conservation Measure in accordance with 
Conservation Measure 7/v:
    1. The total catch of Champsocephalus gunnari in the 1997/98 season 
shall be limited to 4,520 tons in Statistical Subarea 48.3.
    2. The fishery for Champsocephalus gunnari in Statistical Subarea 
48.3 shall close if the by-catch of any of the species listed in 
Conservation Measure 95/xiv reaches its by-catch limit or if the total 
catch of Champsocephalus gunnari reaches 4,520 tons, whichever comes 
first.
    3. 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 95/XIV
     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 tons, then
    the fishing vessel shall move to another location at least 5 n 
miles distant. 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 95/XV exceeded 5% for a period of at least five 
days. 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.
    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. 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. 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.
    5. The use of bottom trawls in the directed fishery for 
Champsocephalus gunnari in Statistical Subarea 48.3 is prohibited.
    6. The fishery for Champsocephalus gunnari in Statistical Subarea 
48.3 shall be closed from 1 April 1998 until the end of the Commission 
meeting in 1998.
    7. Each vessel participating in the directed fishery for 
Champsocephalus gunnari in Subarea 48.3 in the 1997/98 season shall 
have a scientific observer, appointed in accordance with the CCAMLR 
Scheme of International Scientific Observation, on board throughout all 
fishing activities within the fishing period.
    8. For the purpose of implementing paragraphs 1 and 2 of this 
Conservation Measure:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 51/XiI shall apply in the 1997/98 season; and
    (ii) the Monthly Fine-scale Catch and Effort Data Reporting System 
set out in Conservation Measure 117B/XV shall apply for Champsocephalus 
gunnari. Data shall be reported on a haul-by-haul basis.
    9. Fine-scale biological data, as required under Conservation 
Measure 117A/XVI shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.

[This provision is adopted pending the adoption of a more appropriate 
definition of a fishing location by the Commission. The specified 
period is adopted in accordance with the reporting period specified in 
Conservation Measure 51/XII, pending the adoption of a more appropriate 
period by the Commission.]

Conservation Measure 124/XVI

Limits on the Fishery for Dissostichus eleginoides in Statistical 
Subarea 48.3 for the 1997/98 Season

    This Conservation Measure is adopted in accordance with 
Conservation Measure 7/V:
    1. The total catch of Dissostichus eleginoides in Statistical 
Subarea 48.3 in the 1997/98 season shall be limited to 3300 tons.
    2. For the purposes of the fishery for Dissostichus eleginoides in 
Statistical Subarea 48.3, the 1997/98 fishing season is defined as the 
period from 1 April to 31 August 1998, or until the catch limit is 
reached, whichever is the sooner.
    3. Each vessel participating in the Dissostichus eleginoides 
fishery in Statistical Subarea 48.3 in the 1997/98 season shall have at 
least one scientific observer, including one appointed in accordance 
with the CCAMLR Scheme of International Scientific Observation, on 
board throughout all fishing activities within the fishing period.
    4. For the purpose of implementing this Conservation Measure:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 51/XiI shall apply in the 1997/98 season, 
commencing on 1 April 1998; and
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 117B/XVI shall apply in the 1997/98 season, 
commencing on 1 April 1998. Data shall be submitted on a haul-by-haul 
basis. For the purpose of Conservation Measure 117B/XVI the target 
species is Dissostichus eleginoides and `by-catch

[[Page 5591]]

species' are defined as any species other than Dissostichus 
eleginoides.
    5. Fine-scale biological data, as required under Conservation 
Measure 117A/XVI shall be collected and recorded. Such data shall be 
reported in accordance with the System of International Scientific 
Observation.
    6. Directed fishing shall be by longlines only. The use of all 
other methods of directed fishing for Dissostichus eleginoides in 
Statistical Subarea 48.3 shall be prohibited.

Conservation Measure 125/XVI

Precautionary Catch Limit for Electrona carlsbergi in Statistical 
Subarea 48.3 for the 1997/98 Season

    This Conservation Measure is adopted in accordance with 
Conservation Measure 7/V:
    1. For the purposes of this Conservation Measure the fishing season 
for Electrona carlsbergi is defined as the period from 8 November 1997 
to the end of the Commission meeting in 1998.
    2. The total catch of Electrona carlsbergi in the 1997/98 season 
shall be limited to 109,000 tons in Statistical Subarea 48.3.
    3. In addition, the total catch of Electrona carlsbergi in the 
1997/98 season shall be limited to 14,500 tons in the Shag Rocks 
region, defined as the area bounded by 52 deg.30'S, 40 deg.W; 
52 deg.30'S, 44 deg.W; 54 deg.30'S, 40 deg.W and 54 deg.30'S, 44 deg.W.
    4. In the event that the catch of Electrona carlsbergi is expected 
to exceed 20,000 tons in the 1997/98 season, a survey of stock biomass 
and age structure shall be conducted during that season by the 
principal fishing nations involved. A full report of this survey 
including data on stock biomass (specifically including area surveyed, 
survey design and density estimates), age structure and the biological 
characteristics of the by-catch shall be made available in advance for 
discussion at the 1998 meeting of the Working Group on Fish Stock 
Assessment.
    5. The directed fishery for Electrona carlsbergi in Statistical 
Subarea 48.3 shall close if the by-catch of any of the species named in 
Conservation Measure 95/xiv reaches its by-catch limit or if the total 
catch of Electrona carlsbergi reaches 109,000 tons, whichever comes 
first.
    6. The directed fishery for Electrona carlsbergi in the Shag Rocks 
region shall close if the by-catch of any of the species named in 
Conservation Measure 95/XIV reaches its by-catch limit or if the total 
catch of Electrona carlsbergi reaches 14,500 tons, whichever comes 
first.
    7. If, in the course of the directed fishery for Electrona 
carlsbergi, the by-catch in any one haul of any species other than the 
target species.
     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 tons, then
    the fishing vessel shall move to another fishing location at least 
5 n miles distant. The fishing vessel shall not return to any point 
within 5 n miles of the location where the by-catch of species, other 
than the target species, exceeded 5%, for a period of at least five 
days2. 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.
    8. For the purpose of implementing this Conservation Measure:
    (i) the Catch Reporting System set out in Conservation Measure 40/x 
shall apply in the 1997/98 season; and
    (ii) the Monthly Fine-scale Catch and Effort Data Reporting System 
set out in Conservation Measure 117B/XVI shall also apply in the 1997/
98 season. For the purposes of Conservation Measure 117B/XVI, the 
target species is Electrona carlsbergi, and `by-catch species' are 
defined as any cephalopod, crustacean or fish species other than 
Electrona carlsbergi.
    (iii) the Monthly Fine-scale Biological Data Reporting System set 
out in Conservation Measure A/XVI shall also apply in the 1997/98 
season. For the purposes of Conservation Measure 117A/XVI, the target 
species is Electrona carlsbergi, and `by-catch species' are defined as 
any cephalopod, crustacean or fish species other than Electrona 
carlsbergi. For the purposes of paragraph 8(ii) of Conservation Measure 
117A/xVI a representative sample shall be a minimum of 500 fish.
[This provision is adopted pending the adoption of a more appropriate 
definition of a fishing location by the Commission. The specified 
period is adopted in accordance with the reporting period specified in 
Conservation Measure 51/XII, pending the adoption of a more appropriate 
period by the Commission.]

Conservation Measure 126/XVI

Limits on the Crab Fishery in Statistical Subarea 48.3 in the 1997/98 
Season

    The following Conservation Measure is adopted in accordance with 
Conservation Measure 7/V:
    1. 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. In Statistical Subarea 48.3, the crab fishing season is defined 
as the period from 8 November 1997 to end of the Commission meeting in 
1998, or until the catch limit is reached, whichever is sooner.
    3. The crab fishery shall be limited to one vessel per Member.
    4. The total catch of crab from Statistical Subarea 48.3 shall be 
limited to 1,600 tons during the 1997/98 crab fishing season.
    5. Each vessel participating in the crab fishery in Subarea 48.3 in 
the 1997/98 season shall have a scientific observer, appointed in 
accordance with the CCAMLR Scheme of International Scientific 
Observation, on board throughout all fishing activities within the 
fishing period.
    6. 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 authorized to participate in the crab fishery.
    7. All vessels fishing for crab shall report the following data to 
CCAMLR by 31 August 1998 for crabs caught prior to 31 July 1998:
    (i) the location, date, depth, fishing effort (number and spacing 
of pots and soak time), and catch (numbers and weight) of commercially 
sized crabs (reported on as fine a scale as possible, but no coarser 
than 0.5 deg. latitude by 1.0 deg. longitude) for each 10-day period;
    (ii) the species, size, and sex of a representative subsample of 
crab sampled according to the procedure set out in Annex 126/A (between 
35 and 50 crabs shall be sampled every day from the line hauled just 
prior to noon) and by-catch caught in traps; and
    (iii) other relevant data, as possible, according to the 
requirements set out in Annex 126/A.
    8. For the purposes of implementing this Conservation Measure, the 
Ten-day Catch and Effort Reporting System set out in Conservation 
Measure 61/XII shall apply.

[[Page 5592]]

    9. Data on catches taken between 31 July 1998 and 31 August 1998 
shall be reported to CCAMLR by 30 September 1998 so that the data will 
be available to the Working Group on Fish Stock Assessment.
    10. Crab fishing gear shall be limited to the use of crab pots 
(traps). The use of all other methods of catching crabs (e.g., bottom 
trawls) shall be prohibited.
    11. 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 P. formosa, males 
with a minimum carapace width of 102 mm and 90 mm, respectively, may be 
retained in the catch.
    12. Crab processed at sea shall be frozen as crab sections (minimum 
size of crabs can be determined using crab sections).

Annex 126/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
Numbers and estimated total weight
Notothenia rossii
Numbers and estimated total weight
Other Species
Estimated total weight

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.
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.

Conservation Measure 127/XVI

Prohibition of Directed Fishery on Gobionotothen gibberifrons, 
Chaenocephalus aceratus, Pseudochaenichthys georgianus, Lepidonotothen 
squamifrons and Patagonotothen guntheri in Statistical Subarea 48.3 for 
the 1997/98 Season

    This Conservation Measure is adopted in accordance with 
Conservation Measure 7/V:
    Directed fishing on Gobionotothen gibberifrons, Chaenocephalus 
aceratus, Pseudochaenichthys georgianus, Lepidonotothen squamifrons and 
Patagonotothen guntheri in Statistical Subarea 48.3 is prohibited in 
the 1997/98 season, defined as the period from 8 November 1997 to the 
end of the Commission meeting in 1998.

Conservation Measure 128/XVI

Catch Limit on Dissostichus eleginoides and D. mawsoni in Statistical 
Subarea 48.4 for the 1997/98 Season

    1. The total catch of Dissostichus eleginoides in Statistical 
Subarea 48.4 in the 1997/98 season shall be limited to 28 tons.
    2. Taking of Dissostichus mawsoni, other than for scientific 
research purposes, is prohibited.
    3. For the purposes of the fishery for Dissostichus eleginoides in 
Statistical Subarea 48.4, the 1997/98 fishing season is defined as the 
period from 1 April to 31 August 1998, or until the catch limit for 
Dissostichus eleginoides in Subarea 48.4 is reached, or until the catch 
limit for Dissostichus eleginoides in Subarea 48.3, as specified in 
Conservation Measure E/xvi is reached, whichever is sooner.
    4. Each vessel participating in the Dissostichus eleginoides 
fishery in Statistical Subarea 48.4 in the 1997/98 season shall have at 
least one scientific observer, including one appointed in accordance 
with the CCAMLR Scheme of International Scientific Observation, on 
board throughout all fishing activities within the fishing period.
    5. For the purpose of implementing this Conservation Measure:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 51/XiI shall apply in the 1997/98 season, 
commencing on 1 April 1998; and
    (ii) the Monthly Fine-scale Catch and Effort Data Reporting System 
set out in Conservation Measure 117B/XVI shall apply in the 1997/98 
season, commencing on 1 April 1998. Data shall be reported on a haul-
by-haul basis. For the purposes of Conservation Measure 117B/XVI, the 
target species is Dissostichus eleginoides, and `by-catch species' are 
defined as any species other than Dissostichus eleginoides.
    6. Fine-scale biological data, as required under Conservation 
Measure 117A/XVI shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.
    7. 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.

Conservation Measure 129/XVI

Prohibition of Directed Fishing for Lepidonotothen squamifrons in 
Statistical Division 58.4.4 (Ob and Lena Banks)

    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 analyzed 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 130/XVI \1\, \2\, \3\

Fishery for Champsocephalus gunnari in Statistical Division 58.5.2 in 
the 1997/98 Fishing Season

    1. The total catch for Champsocephalus gunnari on the Heard Island 
plateau shall be limited to 900 tons in the 1997/98 fishing season.
---------------------------------------------------------------------------

    \1\ This provision 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 51/XII, pending 
the adoption of a more appropriate period by the Commission.
    \3\ As described in Resolution 12/XVI.

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

[[Page 5593]]

    2. Fishing shall cease if the by-catch of any of the species listed 
in Conservation Measure MMM/XVI (other species) reaches its by-catch 
limit.
    3. For the purposes of this Conservation Measure, the Heard Island 
plateau is defined as that portion of Statistical Division 58.5.2 that 
lies within the area bounded by the following limits:
    (i) starting at the point where the 72 deg.15'E meridian intersects 
the Australia-France Maritime Delimitation Agreement Boundary 
southwards to the point 53 deg.25'S:72 deg.15'E;
    (ii) then eastwards along the parallel of 53 deg.25'S to 
74 deg.00'E;
    (iii) then to the point 52 deg.40'S:76 deg.00'E;
    (iv) then northwards along the meridian 76 deg.00'E to 52 deg.00'S;
    (v) then to the point 51 deg.00'S:74 deg.30'E; and
    (vi) then westwards along the parallel of 51 deg.00'S to connect 
with the starting point.
    A chart illustrating the above definition is appended to this 
Conservation Measure.
    4. For the purposes of this fishery on C. gunnari, the 1997/98 
fishing season is defined as the period from 8 November 1997 to the end 
of the Commission meeting in 1998.
    5. The catch limit may only be taken by trawling.
    6. Where any haul contains more than 100kg of C. gunnari, and more 
than 10% of the C. gunnari by number are smaller than 240mm total 
length, the fishing vessel shall move to another fishing location at 
least 5 n miles distant1. The fishing vessel shall not return to any 
point within 5 n miles of the location where the catch of small C. 
gunnari exceeded 10% for a period of at least five days2. The location 
where the catch of small C. 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.
    7. Each vessel participating in the fishery shall have at least one 
scientific observer, and include, if available, one appointed in 
accordance with the CCAMLR Scheme of International Scientific 
Observation, on board throughout all fishing activities.
    8. Each vessel operating in the C. gunnari fishery in Statistical 
Division 58.5.2 shall have a VMS3 at all times.
    9. A ten-day catch and effort reporting system shall be 
implemented:
    (i) for the purposes 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 its 
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 C. 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; and
    (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.
    10. A fine-scale 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 fine-scale 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 C. gunnari and 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 observers(s) aboard each vessel shall collect 
data on the length composition from representative samples of C. 
gunnari and by-catch species:
    (a) length measurements shall be to the nearest centimeter below; 
and
    (b) representative samples of length composition shall be taken 
from each fine-scale grid rectangle (0.5 deg. latitude by 1 deg. 
longitude) fished in each calendar month; and
    (v) the above data shall be submitted to the CCAMLR Secretariat not 
later than one month after the vessel returns to port.
    11. If, in the course of the directed fishery for C. gunnari, the 
by-catch in any one haul of any one of the species Notothenia rossii, 
Lepidonotothen squamifrons, Channichthys rhinoceratus or Bathyraja spp. 
either,
     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 tons, then
    the fishing vessel shall move to another fishing location at least 
5 n miles distant. The fishing vessel shall not return to any point 
within 5 n miles of the location where the by-catch exceeded 5% for a 
period of at least five days. 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.

Conservation Measure 131/XVI

Precautionary Catch Limits on the Fishery for Dissostichus eleginoides 
in Statistical Division 58.5.2 for the 1997/98 Season

    1. The total catch of Dissostichus eleginoides in Statistical 
Division 58.5.2 in the 1997/98 season shall be limited to 3700 tons.
    2. For the purposes of this Conservation Measure the 1997/98 season 
is defined as the period from 8 November 1997 until the close of the 
Commission meeting in 1998.
    3. Fishing shall cease if the by-catch of any of the species listed 
in Conservation Measure 127/XVI (measure for other species) reaches its 
by-catch limit.
    4. The catch limit may only be taken by trawling.
    5. Each vessel participating in the Dissostichus eleginoides 
fishery in Statistical Division 58.5.2 shall have at least one 
scientific observer and, if available, one appointed in accordance with 
the CCAMLR Scheme of International Scientific Observation on board 
throughout all fishing activities.
    6. Each vessel operating in the Dissostichus eleginoides fishery in 
Statistical Division 58.5.2 shall have a VMS1 at all times.
    7. 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: day 1 to day 10, day 11 
to day 20, day

[[Page 5594]]

21 to the last day of the month. These reporting periods are 
hereinafter 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 its 
total catch and total days and hours fished for the period and shall, 
by electronic transmission, 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;
    (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 by-catch species 
must be reported;
    (v) such reports will 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; and
    (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.
    8. A fine-scale 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 fine-scale 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 Dissostichus eleginoides and 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 centimeter below; 
and
    (b) representative samples of length composition shall be taken 
from each fine-scale grid rectangle (0.5 deg. latitude by 1 deg. 
longitude) fished in each calendar month.
    The above data shall be submitted to the CCAMLR Secretariat not 
later than one month after the vessel returns to port.
    9. If in the course of a directed fishery for Dissostichus 
eleginoides, the by-catch in any one haul of the species Lepidonotothen 
squamifrons, Notothenia rossii, Channichthys rhinoceratus or Bathyraja 
spp. either,
    (i) is greater than 100 kgs and exceeds 5% of the total catch of 
fish species by weight, or,
    (ii) is equal to, or greater than 2 tons, then
     the fishing vessel shall move to another fishing location at least 
5 n miles distant. The fishing vessel shall not return to any point 
within 5 n miles of the location where the by-catch exceeded 5% for a 
period of at least five days. 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.
    10. 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.

[As described in Resolution 12/XVI, this provision is adopted pending 
the adoption of a more appropriate definition of a fishing location by 
the Commission. The specified period is adopted in accordance with the 
reporting period specified in Conservation Measure 51/XII, pending the 
adoption of a more appropriate period by the Commission.]

Conservation Measure 132/XVI

Limitation of the Catch of Lepidonotothen squamifrons, Notothenia 
rossii, Channichthys rhinoceratus and Bathyraja spp. and other Species 
in Statistical Division 58.5.2 in the 1997/98 Fishing Season

    1. There shall be no directed fishing for Lepidonotothen 
squamifrons, Notothenia rossii, Channichthys rhinoceratus or Bathyraja 
spp. in Statistical Division 58.5.2 in the 1997/98 fishing season.
    2. In directed fisheries in Statistical Division 58.5.2 in the 
1997/98 fishing season, the by-catch of Lepidonotothen squamifrons 
shall not exceed 325 tons; the by-catch of Channichthys rhinoceratus 
shall not exceed 80 tons; and the by-catch of Bathyraja spp. shall not 
exceed 120 tons.
    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 tons in Statistical Division 58.5.2.

Conservation Measure 133/XVI1,2

General Measures for New and Exploratory Longline Fisheries for 
Dissostichus spp. in the Convention Area for the 1997/98 Season

    The Commission,
---------------------------------------------------------------------------

    \1\ Except for waters adjacent to Kerguelen and Crozet and 
Prince Edward Islands.
    \2\ A fine-scale rectangle is defined as an area of 0.5 deg. 
latitude by 1 deg. longitude with respect to the northwest corner of 
the Statistical Subarea or Division. The identification of each 
rectangle is by the latitude of its northernmost boundary and the 
longitude of the boundary closest to 0 deg..
---------------------------------------------------------------------------

    Noting the need for the distribution of fishing effort and 
appropriate catch levels in fine-scale rectangles in these new 
fisheries,
    Adopts the following Conservation Measure:
    1. 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 over-concentration of catch 
and effort. To this end, fishing in any fine-scale rectangle shall 
cease when the reported catch reaches 100 tons and that rectangle shall 
be closed to fishing for the remainder of the season. Fishing in any 
fine-scale rectangle shall be restricted to one vessel at any one time.
    2. In order to give effect to paragraph 1 above:
    (i) the precise geographic position of the mid-point between the 
start and end of the longline shall be determined using appropriate 
means;
    (ii) catch and effort information for each species by fine-scale 
rectangle shall be reported to the Executive Secretary every five days 
using the Five-Day Catch and Effort Reporting System set out in 
Conservation Measure 51/XII; and
    (iii) the Secretariat shall notify Contracting Parties 
participating in these fisheries when the total longline catch for 
Dissostichus eleginoides and D. mawsoni combined in any fine-scale 
rectangle exceeds 100 tons.
    3. The by-catch of any species in the new and exploratory fisheries 
other than Dissostichus spp. in the Statistical Subareas and Divisions 
concerned shall be limited to 50 tons.
    4. The total number and weight of Dissostichus eleginoides and D. 
mawsoni discarded, including those

[[Page 5595]]

with the ``jellymeat'' condition, shall be reported.
    5. Each vessel participating in the new and exploratory fisheries 
for Dissostichus spp. during the 1997/98 season shall have on board at 
least one scientific observer, appointed in accordance with the CCAMLR 
Scheme of International Scientific Observation, throughout all fishing 
activities within the fishing season.
    6. The data collection plan (Annex 133/A to Conservation Measures 
in Force) shall be implemented. Data collected pursuant to the plan for 
the period up to 31 August 1998 shall be reported to CCAMLR by 30 
September 1998 so that the data will be available to the 1998 meeting 
of the Working Group on Fish Stock Assessment. Such data taken after 31 
August shall be reported to CCAMLR not later than three months after 
the closure of the fishery.

Annex 133/A

Data Collection Plan for New and Exploratory Longline Fisheries

    1. All vessels will comply with conditions set by CCAMLR. These 
include five-day catch and effort reporting system (Conservation 
Measure 51/XII) and monthly fine-scale effort and biological data 
reporting system (Conservation Measures A/XVI and b/xvi) will be 
followed.
    2. All data required by the CCAMLR Scientific Observers Manual for 
fin fisheries will be collected. These include:
    (i) haul-by-haul catch and catch per effort by species;
    (ii) haul-by-haul length frequency of common species;
    (iii) sex and gonad state of common species;
    (iv) diet and stomach fullness;
    (v) scales and/or otoliths for age determination;
    (vi) by-catch of fish and other organisms; and
    (vii) 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) number of fish lost at surface;
    (ii) number of hooks set;
    (iii) bait type;
    (iv) baiting success (%);
    (v) hook type;
    (vi) setting, soak, and hauling times;
    (vii) sea depth at each end of line on hauling; and
    (viii) bottom type.

Conservation Measure 134/XVI

New Fishery for Dissostichus eleginoides and D. mawsoni in Statistical 
Subarea 48.1 in the 1997/98 Season

    The Commission,
    Welcoming the notification of Chile of its intention to conduct a 
new fishery in Statistical Subarea 48.1 for Dissostichus eleginoides 
and D. mawsoni in the 1997/98 season,
    Adopts the following Conservation Measure in accordance with 
Conservation Measure 31/X:
    1. Fishing for Dissostichus eleginoides and D. mawsoni in 
Statistical Subarea 48.1 shall be limited to the new fishery by Chile. 
The fishery shall be conducted by Chilean flagged vessels using 
longlining only.
    2. The precautionary catch for Subarea 48.1 shall be limited to 1 
863 tons of Dissostichus spp. north of 65 deg.S and 94 tons of 
Dissostichus spp. south of 65 deg.S. In the event that these limits are 
reached, the fishery shall be closed.
    3. For the purpose of this new fishery, the fishing season is 
defined as the period from 1 April until 31 August 19981.
    4.The directed fisheries for the above species shall be carried out 
in accordance with Conservation Measures 29/XVI and I/XVI.
    5. Each vessel participating in the new fishery will be required to 
operate VMS2 at all times.

However, a first prospective cruise will be carried out between 15 
February until 31 March 1998, as described in Resolution 12/XVI.

Conservation Measure 135/XVI

New Fishery for Dissostichus eleginoides and D. mawsoni in Statistical 
Subarea 48.2 in the 1997/98 Season

    The Commission,
    Welcoming the notification of Chile of its intention to conduct a 
new fishery in Statistical Subarea 48.2 for Dissostichus eleginoides 
and D. mawsoni in the 1997/98 season,
    Adopts the following Conservation Measure in accordance with 
Conservation Measure 31/X:
    1. Fishing for Dissostichus eleginoides and D. mawsoni in 
Statistical Subarea 48.2 shall be limited to the new fishery by Chile. 
The fishery shall be conducted by Chilean flagged vessels using 
longlining only.
    2. The precautionary catch for Subarea 48.2 shall be limited to 429 
tons of Dissostichus supp. north of 60 deg.S and 972 tons of 
Dissostichus spp. south of 60 deg.S. In the event that these limits are 
reached, the fishery shall be closed.
    3. For the purpose of this new fishery, the fishing season is 
defined as the period from 1 April until 31 August 1998.
    4. The directed fisheries for the above species shall be carried 
out in accordance with Conservation Measures 29/XVI and I/XVI.
    5. Each vessel participating in the new fishery will be required to 
operate VMS2 at all times.

However, a first prospective cruise will be carried out between 15 
February until 31 March 1998, as described in Resolution 12/XVI.

Conservation Measure 136/XVI

New Fishery for Dissostichus eleginoides and D. mawsoni in Statistical 
Subarea 48.6 in the 1997/98 Season

    The Commission,
    Welcoming the notification of Norway and South Africa of its 
intention to conduct new fishery in Statistical Subarea 48.6 for 
Dissostichus eleginoides and D. mawsoni in the 1997/98 season,
    Adopts the following Conservation Measure in accordance with 
Conservation Measure 31/X:
    1. Fishing for Dissostichus eleginoides and D. mawsoni in 
Statistical Subarea 48.6 shall be limited to the new fisheries by 
Norway and South Africa. The fisheries shall be conducted by Norwegian 
and South African flagged vessels using longlining only.
    2. The precautionary catch for Subarea 48.6 shall be limited to 888 
tons of Dissostichus spp. north of 65 deg.S and 648 tons of 
Dissostichus spp. south of 65 deg.S. In the event that these limits are 
reached, the fisheries shall be closed.
    3. For the purpose of these new fisheries, the fishing season to 
the north of 60 deg.S is defined as the period from 1 March until 31 
August 1998. The fishing season south of 60 deg.S is defined as the 
period from 15 February until 15 October 1998.
    4. The directed fisheries for the above species shall be carried 
out in accordance with Conservation Measures 29/XVI and I/XVI.
    5. Each vessel participating in the new fisheries will be required 
to operate VMS1 at all times.

As described in Resolution 12/XVI

Conservation Measure 137/XVI

New Longline Fishery for Dissostichus eleginoides and D. mawsoni in 
Statistical Division 58.4.3 in the 1997/98 Season

    The Commission,
    Welcoming the notification of South Africa of its intention to 
conduct a new

[[Page 5596]]

longline fishery in Statistical Division 58.4.3 for Dissostichus 
eleginoides and D. mawsoni in the 1997/98 season,
    Adopts the following Conservation Measure in accordance with 
Conservation Measure 31/X:
    1. Fishing for Dissostichus eleginoides and D. mawsoni in 
Statistical Division 58.4.3 shall be limited to the new fishery by 
South Africa. The fishery shall be conducted by South African flagged 
vessels using longlining only.
    2. The precautionary catch for Division 58.4.3 shall be limited to 
1 782 tons of Dissostichus spp. north of 60 deg.S, to be taken by 
longline. In the event that this limit is reached, the longline fishery 
shall be closed. served
    3. For the purpose of this new longline fishery, the fishing season 
is defined as the period from 1 April until 31 August 1998.
    4. The directed longline fishery for the above species shall be 
carried out in accordance with Conservation Measures 29/XVI and I/XVI.
    5. Each vessel participating in the new longline fishery will be 
required to operate VMS1 at all times.

[As described in Resolution 12/XVI]

Conservation Measure 138/XVI

New Fisheries for Dissostichus eleginoides in Statistical Division 
58.4.4 in the 1997/98 Season

    The Commission,
    Welcoming the notification of South Africa and Ukraine of its 
intention to conduct new fisheries in Statistical Division 58.4.4 for 
Dissostichus eleginoides in the 1997/98 season,
    Adopts the following Conservation Measure in accordance with 
Conservation Measure 31/X:
    1. Fishing for Dissostichus eleginoides in Statistical Division 
58.4.4 shall be limited to the new fisheries by South Africa and 
Ukraine. The fisheries shall be conducted by South African and 
Ukrainian flagged vessels using longlining only.
    2. The precautionary catch for Division 58.4.4 shall be limited to 
580 tons of Dissostichus spp. north of 60 deg.S, to be taken by 
longline. In the event that this limit is reached, the fisheries shall 
be closed.
    3. For the purpose of these new fisheries, the fishing season is 
defined as the period from 1 April until 31 August 1998.
    4. The directed fisheries for the above species shall be carried 
out in accordance with Conservation Measures 29/XVI and I/XVI.

[Except for waters adjacent to the Prince Edward Islands]

Conservation Measure 139/XVI

New Fishery for Dissostichus eleginoides and D. mawsoni in Statistical 
Subarea 88.2 in the 1997/98 Season

    The Commission,
    Welcoming the notification of New Zealand of its intention to 
conduct a new fishery in Statistical Subarea 88.2 for Dissostichus 
eleginoides and D. mawsoni in the 1997/98 season,
    Adopts the following Conservation Measure in accordance with 
Conservation Measure 31/X:
    1. Fishing for Dissostichus eleginoides and D. mawsoni in 
Statistical Subarea 88.2 shall be limited to the new fishery by New 
Zealand. The fishery shall be conducted by New Zealand flagged vessels 
using longlining only.
    2. The precautionary catch for Subarea 88.2 shall be limited to 25 
tons of Dissostichus spp. north of 65 deg.S and 38 tons of Dissostichus 
spp. south of 65 deg.S. In the event that these limits are reached, the 
fishery shall be closed.
    3. For the purpose of this new fishery, the fishing season is 
defined as the period from 15 February until 31 August 1998.
    4. The directed fishery for the above species shall be carried out 
in accordance with Conservation Measures 29/XVI and I/XVI.
    5. Each vessel participating in the new fishery will be required to 
operate VMS1 at all times.

As described in Resolution 12/XVI

Conservation Measure 140/XVI

New Fishery for Dissostichus eleginoides and D. mawsoni in Statistical 
Subarea 88.3 in the 1997/98 Season

    The Commission,
    Welcoming the notification of Chile of its intention to conduct a 
new fishery in Statistical Subarea 88.3 for Dissostichus eleginoides 
and D. mawsoni in the 1997/98 season,
    Adopts the following Conservation Measure in accordance with 
Conservation Measure 31/X:
    1. Fishing for Dissostichus eleginoides and D. mawsoni in 
Statistical Subarea 88.3 shall be limited to the new fishery by Chile. 
The fishery shall be conducted by Chilean flagged vessels using 
longlining only.
    2. The precautionary catch for Subarea 88.3 shall be limited to 455 
tons of Dissostichus spp. south of 65 deg.S. In the event that this 
limit is reached, the fishery shall be closed.
    3. For the purpose of this new fishery, the fishing season is 
defined as the period from 15 February until 31 October 19981.
    4. The directed fishery for the above species shall be carried out 
in accordance with Conservation Measures 29/XVI and I/XVI.
    5. Each vessel participating in the new fishery will be required to 
operate VMS2 at all times.

[A first prospective cruise will be carried out between 15 February 
until 31 March 1998, as described in Resolution 12/XVI.]

Conservation Measure 141/XVI \1\,\2\

Exploratory Fisheries for Dissostichus eleginoides in Statistical 
Subarea 58.6 in the 1997/98 Season

    The Commission adopts the following Conservation Measure in 
accordance with Conservation Measure 65/XII:
---------------------------------------------------------------------------

    \1\ Except for waters adjacent to the Crozet Islands.
    \2\ Except for waters adjacent to the Prince Edward Islands.
---------------------------------------------------------------------------

    1. Fishing for Dissostichus eleginoides in Statistical Subarea 58.6 
shall be limited to the exploratory fisheries by Russia, South Africa 
and Ukraine. The fisheries shall be conducted by no more than two 
flagged vessels of each of these Contracting Parties using longlining 
only.
    2. The precautionary catch limit for these exploratory fisheries in 
Statistical Subarea 58.6 shall be limited to 658 tons of Dissostichus 
eleginoides. In the event that the catch by these vessels reaches the 
catch limit, the fisheries shall be closed.
    3. For the purpose of these exploratory fisheries, the fishing 
season is defined as the period from 1 April until 31 August 1998.
    4. The directed fisheries for the above species shall be carried 
out in accordance with Conservation Measures 29/XVI and I/XVI.

Conservation Measure 142/XVI \1\

Exploratory Fisheries for Dissostichus eleginoides in Statistical 
Subarea 58.7 in the 1997/98 Season

    The Commission adopts the following Conservation Measure in 
accordance with Conservation Measure 65/XII:
---------------------------------------------------------------------------

    \1\ Except for waters adjacent to the Prince Edward Islands.
---------------------------------------------------------------------------

    1. Fishing for Dissostichus eleginoides in Statistical Subarea 58.7 
shall be limited to the exploratory fisheries by Russia, South Africa 
and Ukraine. The fisheries shall be conducted by one flagged vessel of 
each of these Contracting Parties using longlining only.
    2. The precautionary catch limit for these exploratory fisheries in 
Statistical Subarea 58.7 shall be limited to 312 tons of Dissostichus 
eleginoides. In the event

[[Page 5597]]

that the catch by these vessels reaches the catch limit, the fisheries 
shall be closed.
    3. For the purpose of these exploratory fisheries, the fishing 
season is defined as the period from 1 April until 31 August 1998.
    4. The directed fisheries for the above species shall be carried 
out in accordance with Conservation Measures 29/XVI and I/XVI.

Conservation Measure 143/XVI

Exploratory Fishery for Dissostichus eleginoides and D. mawsoni in 
Statistical Subarea 88.1 in the 1997/98 Season

    The Commission adopts the following Conservation Measure in 
accordance with Conservation Measure 65/XII:
    1. Fishing for Dissostichus eleginoides and D. mawsoni in 
Statistical Subarea 88.1 shall be limited to the exploratory fishery by 
New Zealand. The fishery shall be conducted by New Zealand flagged 
vessels using longlining only.
    2. The precautionary catch for Subarea 88.1 shall be limited to 338 
tons of Dissostichus spp. north of 65 deg.S and 1,172 tons of 
Dissostichus spp. south of 65 deg.S. In the event that these limits are 
reached, the fishery shall be closed.
    3. For the purpose of this exploratory fishery, the fishing season 
is defined as the period from 15 February until 31 August 1998.
    4. The directed fishery for the above species shall be carried out 
in accordance with Conservation Measures 29/XVI and I/XVI.
    5. Each vessel participating in the exploratory fishery will be 
required to operate VMS1 at all times.

[As described in Resolution 12/XVI]

Conservation Measure 144/XVI

Exploratory Fishery for Dissostichus spp. taken by the Trawl Method in 
Statistical Division 58.4.3 in the 1997/98 Season

    The Commission, adopts the following Conservation measure in 
accordance with Conservation Measure 65/XII:
    1. Fishing for Dissostichus spp. by trawl in Statistical Division 
58.4.3 north of 60 deg.S shall be limited to the exploratory fishery by 
Australian flagged vessels only. The total catch of Dissostichus spp. 
in the 1997/98 season shall not exceed 963 tons taken by the trawl 
method.
    2. For the purposes of this Conservation Measure the 1997/98 season 
is defined as the period from 8 November 1997 and finishes at the close 
of the Commission meeting in 1998 or when the catch limit is reached, 
whichever is the sooner.
    3. Each vessel participating in the exploratory fishery for 
Dissostichus spp. in Statistical Division 58.4.3 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 Division.
    4. Each vessel operating in the exploratory fishery for 
Dissostichus spp. in Statistical Division 58.4.3 shall have a VMS1 at 
all times.
    5. For the purpose of implementing this Conservation Measure:
    (i) the five-day catch and effort Reporting System set out in 
Conservation Measure 51/XII;
    (ii) the monthly Fine-Scale Biological Data as required under 
Conservation Measure 117A/XVI, shall be recorded and reported in 
accordance with the System of International Scientific Observation;

shall apply.
    6. If in the course of a directed fishery for Dissostichus spp., 
the by-catch in any one haul of the species Lepidonotothen squamifrons, 
Notothenia rossii, Channichthys rhinoceratus or Bathyraja spp. either,
    (i) is greater than 100 kgs and exceeds 5% of the total catch of 
fish species by weight; or,
    (ii) is equal to, or greater than 2 tons, then
    the fishing vessel shall move to another fishing location at least 
5 n miles distant. The fishing vessel shall not return to any point 
within 5 n miles of the location where the by-catch exceeded 5% for a 
period of at least five days. 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.
    7. The total number and weight of Dissostichus spp. discarded, 
including those with the jellymeat condition, shall be reported. These 
fish will count towards the total allowable catch.
    8. The data collection plan in Annex 144/A will be implemented and 
the results reported to CCAMLR not later than three months after the 
closure of the fishery.

[As described in Resolution 12/XVI, this provision is adopted pending 
the adoption of a more appropriate definition of a fishing location by 
the Commission. The specified period is adopted in accordance with the 
reporting period specified in Conservation Measure 51/XII, pending the 
adoption of a more appropriate period by the Commission.]

Annex 144/A

Research and Fishery Operations Plan

    During the early stages of exploratory fishing on the Elan and 
BANZARE Banks, subject to the TACs set by CCAMLR, Australian vessels 
will conduct a trawl survey to assess the biomass of commercially 
important species on each of the banks down to 1,500 m depth. 
Exploration and surveys might not occur on both banks in the same 
season, but commercial exploration will not occur unless a survey is 
conducted at the same time. The survey, once commenced, will be 
completed in as short a time period as possible.
    The survey on each bank will comprise 40 hauls at randomly chosen 
positions. Because the suitability of the bottom on these banks for 
fishing is not well known, and even the positions of some parts of the 
banks are not precisely known, it is likely that a high proportion of 
the sites will be unsuitable for trawling. To make the survey as 
practicable as possible, the ground shallower than 1500m on each bank 
has been divided into just over 40 squares, each of 15 n miles square 
for Elan Bank and 25 n miles square for BANZARE Bank (Figures 1 and 2). 
Within each square, five randomly chosen trawling positions have been 
nominated (Tables 1 and 2), and the vessel will trawl at one of the 
five positions in each square. If no nominated trawl position in a 
square is suitable, then that square will be abandoned. More accurate 
charts of these areas will be available soon, and it may be necessary 
to alter the positions of the sampling squares.

Permit Conditions and Data Collection Plan

    The vessels will comply with all express and implied conditions set 
by CCAMLR. General conditions include 120 mm minimum mesh size 
(Conservation Measure 2/III), and no net monitor cables to be used 
(Conservation Measure 30/X). The five-day catch and effort reporting 
system and the monthly effort and biological data reporting required by 
Conservation Measure 78/XIV will also apply in Division 58.4.3.
    In addition to conditions set by CCAMLR, the Australian Fisheries 
Management Authority will require that the vessels carry an operating 
Vessel Monitoring System which will enable AFMA to know its position at 
any time.

[[Page 5598]]

An inspector/scientific observer will also be aboard all vessels at all 
times to monitor activities and catches and to collect biological data.
    The following data and material will be collected from both the 
survey and commercial fishing operations, as required by the CCAMLR 
Scientific Observers Manual for fin fisheries:

Haul-by-haul catch and catch per effort by species
Haul-by-haul length frequency of common species
Sex and gonad state of common species
Diet and stomach fullness
Scales and/or otoliths for age determination
By-catch of fish and other organisms
Observations on the occurrence of seabirds and mammals in relation to 
fishing operations, and details of any incidental mortality of these 
animals.

Conservation Measure 145/XVI

Exploratory Fishery for Martialia hyadesi in Statistical Subarea 48.3 
in the 1997/98 Season

    The Commission,
    Adopts the following Conservation Measure in accordance with 
Conservation Measures 7/v and 65/XII:
    1. Fishing for Martialia hyadesi in Statistical Subarea 48.3 shall 
be limited to the exploratory fishery by flagged vessels of the 
Republic of Korea and the U.K. The catch shall be limited to 2500 tons.
    2. For the purposes of this fishery, the fishing season is defined 
as the period between 8 November 1997 and the end of the Commission 
meeting in 1998 or until the catch limit is reached, whichever is 
sooner.
    3. For the purposes of implementing this Conservation Measure:
    (i) the Ten-day Catch and Effort Reporting System, as set out in 
Conservation Measure 61/xii shall apply;
    (ii) the data required to complete the CCAMLR standard fine-scale 
catch and effort data form for squid jig fisheries (Form C3) shall be 
reported from each vessel. These data shall include numbers of seabirds 
and marine mammals of each species caught and released or killed. These 
data shall be reported to CCAMLR by 31 August 1998 for catches taken 
prior to 31 July 1998; and
    (iii) data on catches taken between 31 July 1998 and 31 August 1998 
shall be reported to CCAMLR by 30 September 1998 so that the data will 
be available to the 1998 meeting of the Working Group on Fish Stock 
Assessment.
    4. Each vessel participating in the fishery for Martialia hyadesi 
during the 1997/98 season shall have a scientific observer on board 
appointed in accordance with the CCAMLR Scheme of International 
Scientific Observation.
    5. The data collection plan (Annex 145/A) shall be implemented. 
Data collected pursuant to the plan for the period up to 31 August 1998 
shall be reported to CCAMLR by 30 September 1998 so that the data will 
be available to the 1998 meeting of the Working Group on Fish Stock 
Assessment. Such data taken after 31 August shall be reported to CCAMLR 
not later than three months after the closure of the fishery.

Annex 145/A

Data collection Plan for Exploratory Squid (M. hyadesi) Fisheries in 
Subarea 48.3

    1. All vessels will comply with conditions set by CCAMLR. These 
include data required to complete the Ten-day Catch and Effort 
Reporting System, as specified by Conservation Measure 61/XII; and data 
required to complete the CCAMLR standard fine-scale catch and effort 
data form for a squid jig fishery (Form C3, version 3). 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); and
    (iii) biological data (Form S3).

Resolution 12/XVI

Automated Satellite-Linked Vessel Monitoring Systems (VMSs) \1\

    The Commission,
    Noting  the extreme concern over high levels of illegal, 
unregulated and unreported fishing for Dissostichus eleginoides and 
other marine living resources,
---------------------------------------------------------------------------

    \1\ For this purpose, VMS means a system where, inter alia:
    (i) information collected shall include the vessel identifier, 
location, date and time, which shall be collected with a required 
frequency to ensure that the member can effectively monitor its 
vessel; and
    (ii) performance standards shall, at a minimum, include a system 
that:
    (a) is tamper proof;
    (b) is fully automatic and operational at all times regardless 
of environment conditions;
    (c) provides real time data; and
    (d) provides latitude and longitude with a position accuracy of 
500 m or better, with the format to be determined by the Flag State.
---------------------------------------------------------------------------

    Considers that:
    1. Subject to paragraphs 2 and 3, Members shall endeavour, by the 
end of the Commission meeting in 1998, to establish an automated vessel 
monitoring system (VMS) to monitor the position of its flag vessels 
licensed or permitted in accordance with Conservation Measure B(SCOI)/
XVI to harvest Dissostichus species or other marine living resources in 
the Convention Area for which catch limits, fishing seasons or area 
restrictions have been set by Conservation Measures adopted by the 
Commission.
    2. Any Member not in a position to establish a VMS by the date 
specified in paragraph 1 shall so inform the CCAMLR Secretariat in 
advance of the 1998 annual meeting and, if possible, notify its 
intended alternative timetable for the implementation of a VMS.
    3. The implementation of VMS on vessels while participating in the 
krill fishery is not currently necessary.
    4. Once its VMS is established, each Member should monitor the 
position of its Flag vessels licensed or permitted in accordance with 
Conservation Measure B(SCOI)/XVI. Should the VMS cease to transmit, the 
member should take immediate steps to ensure that the transmission is 
swiftly restored.
    5. Members should report to the Secretariat before the start of the 
annual meeting of the Commission on:
    (i) any VMS in operation, including its technical details; and
    (ii) in accordance with paragraph XI of the System of Inspection, 
all cases where they have determined with the assistance of VMS that 
vessels of their flag had fished in the Convention Area in possible 
contravention of CCAMLR Conservation Measures.

    Dated: January 15, 1998.
Raymond V. Arnaudo,
Deputy Director, Office of Oceans Affairs.
[FR Doc. 98-2127 Filed 2-2-98; 8:45 am]
BILLING CODE 4710-09-P