[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Notices]
[Pages 70822-70833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33660]


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DEPARTMENT OF STATE

[Public Notice No. 2949]


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, Department of State.

ACTION: Notice.

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SUMMARY: At its Seventeenth Meeting in Hobart, Tasmania, October 26 to 
November 6, 1998, 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 and 
crabs, restrict fishing in certain areas, specify licensing and 
inspection obligations of Contracting Parties, encourage cooperation 
between Contracting Parties to ensure compliance with CCAMLR 
conservation measures, promote compliance with CCAMLR measures by non-
Contracting Party vessels, and mandate the use of Automated Satellite-
Linked Vessel Monitoring Systems (VMS) by Contracting Parties.
    This notice includes the full text of the conservation measures 
adopted at the seventeenth meeting of CCAMLR and lists the measures 
remaining in force from previous years that are not otherwise addressed 
by U.S. regulations (see Supplementary Information and Conservation 
Measures Remaining in Force). This notice, therefore, together with the 
U.S. regulations referenced under Supplementary Information and the 
conservation measures noted in the section entitled Conservation 
Measures Remaining in Force, provides a comprehensive register of all 
current U.S. obligations under CCAMLR.

DATES: Persons wishing to comment on the measures or desiring more 
information should submit written comments on or before January 21, 
1999.

FOR FURTHER INFORMATION CONTACT: Alfred Schandlbauer, Office of Oceans 
Affairs (OES/OA), Room 5805, Department of State, Washington, D.C. 
20520; 202 647-3947.

SUPPLEMENTARY INFORMATION: Individuals interested in CCAMLR should also 
see 15 CFR Chapter III--International Fishing and Related Activities, 
Part 300--International Fishing Regulations, Subpart A--General; 
Subpart B--High Seas Fisheries; and Subpart G--Antarctic Marine Living 
Resources, for other regulatory measures related to conservation and 
management in the CCAMLR Convention area. Subpart B notes the 
requirements for high seas fishing vessel licensing. Subparts A and G 
describe the process for regulating U.S. fishing in the CCAMLR 
Convention area and contain the text of CCAMLR Conservation Measures 
that are not expected to change from year to year. The regulations in 
Subparts A and G include sections on; Purpose and scope; Definitions; 
Relationship to other treaties, conventions, laws, and regulations; 
Procedure for according protection to CCAMLR Ecosystem Monitoring 
Program Sites; Scientific Research; Initiating a new fishery; 
Exploratory fisheries; Reporting and recordkeeping 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 the text of CCAMLR Conservation Measures remaining in 
force, see 61 Federal Register 66723, dated December 18, 1996, and 63 
FR 5587, dated February 3, 1998. For copies of the figures and tables 
mentioned in the Conservation measures, please contact Alfred 
Schandlbauer at the Office of Oceans Affairs, Room 5805, Department of 
State, Washington, D.C. 20520, tel: 202 647-3947.
    Conservation Measures Remaining in Force: The Commission agreed 
that Conservation Measures 2/III, 3/IV, 4/V, 5/V, 6/V, 7/V, 18/XII, 19/
IX, 29/XVI, 30/X, 31/X, 32/X, 40/X, 45/XIV, 51/XII, 61/XII, 62/XI, 63/
XV, 64/XII, 65/XII, 82/XIII, 95/XIV, 106/XV, 121/XVI, 122/XVI, and 129/
XVI should remain in force as they stand. Please contact Alfred 
Schandlbauer, Department of State, 202 647-3947 (email: 
[email protected]) for copies of any of the above-mentioned Measures.

Conservation Measures Adopted in 1998

    Conservation Measures Adopted at the Seventeenth Meeting of CCAMLR:
    At its Seventeenth Annual Meeting in Hobart, Tasmania, October 26 
to November 6, 1998, the Commission for the Conservation of Antarctic 
Marine Living Resources (CCAMLR) revised several of its previously 
adopted

[[Page 70823]]

Conservation Measures and adopted new measures. The new and revised 
measures follow:

Conservation Measure 72/XVII

Prohibition of Directed Fishing for Finfish in Statistical Subarea 48.1

    Taking of finfish, other than for scientific research purposes, is 
prohibited in Statistical Subarea 48.1 from 7 November 1998 until at 
least such time that a survey of stock biomass is carried out, its 
results reported to and 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/XVII

Prohibition of Directed Fishing for Finfish in Statistical Subarea 48.2

    Taking of finfish, other than for scientific research purposes, is 
prohibited in Statistical Subarea 48.2 from 7 November 1998 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 118/XVII \1\

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 transshipment 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 the 
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 
authorized Contracting Party officials knowledgeable of CCAMLR 
Conservation Measures and shall not be allowed to land or transship any 
fish until this inspection has taken place. Such inspections shall 
include the vessel's documents, logbooks, fishing gear, catch on board 
and any other matter, which may include information from a VMS \1\, 
relating to the vessel's activities in the Convention Area.
    5. Landing and transshipments 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 on board 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 transshipments 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).

    \1\ The term VMS shall be taken to mean a system which operates 
to the same standard as defined in Conservation Measure 148/XVII.

Conservation Measure 119/XVII 1,2,3

Licensing and Inspection Obligations of Contracting Parties With Regard 
to Their Flag Vessels Operating in the Convention Area

    1. Each Contracting Party shall prohibit fishing by its flag 
vessels in the Convention Area except pursuant to a licence \3\ that 
the Contracting Party has issued setting forth the specific areas, 
species and time periods for 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.
    2. A Contracting Party may only issue such a license to fish in the 
Convention Area to vessels flying its flag, if it is satisfied of its 
ability to exercise its responsibilities under the Convention and its 
Conservation Measures, by requiring from each vessel, inter alia, the 
following:
    (i) timely notification by the vessel to its Flag State of exit 
from and entry into any port;
    (ii) notification by the vessel to its Flag State of entry into the 
Convention Area and movement between areas, subareas/divisions;
    (iii) reporting by the vessel of catch data in accordance with 
CCAMLR requirements; and
    (iv) operation of a VMS system on board the vessel in accordance 
with Conservation Measure 148/XVII.
    3. The license or an authorized copy of the license must be carried 
by the fishing vessel and must be available for inspection at any time 
by a designated CCAMLR inspector in the Convention Area.
    4. Each Contracting Party shall verify, through inspections of all 
of its fishing vessels at the Party's departure and arrival ports, and 
where appropriate, in its Exclusive Economic Zone, their compliance 
with the conditions of the license as described in paragraph 1 and with 
the CCAMLR Conservation Measures. In the event that there is evidence 
that the vessel has not fished in accordance with the conditions of its 
license, the Contracting Party shall investigate the infringement and, 
if necessary, apply appropriate sanctions in accordance with its 
national legislation.
    5. Each Contracting Party shall include in its annual report 
pursuant to paragraph 12 of the CCAMLR System of Inspection, steps it 
has taken to implement and apply this Conservation Measure; and may 
include additional measures it may have taken in relation to its flag 
vessels to promote the

[[Page 70824]]

effectiveness of CCAMLR Conservation Measures.

    \1\ Except for waters adjacent to the Kerguelen and Crozet 
Islands.
    \2\ Except for waters adjacent to the Prince Edward Islands.
    \3\ Includes permit.

Conservation Measure 146/XVII 1,2

Marking of Fishing Vessels and Fishing Gear

    The Commission hereby adopts the following Conservation Measure in 
accordance with Article IX of the Convention:
    1. All Contracting Parties shall ensure that their fishing vessels 
licensed \2\ in accordance with Conservation Measure 119/XVII to 
operate in the Convention Area are marked in such a way that they can 
be readily identified in accordance with internationally recognized 
standards, such as the FAO Standard Specifications and Guidelines for 
the Marking and Identification of Fishing Vessels.
    2. Marker buoys and similar objects floating on the surface and 
intended to indicate the location of fixed or set fishing gear shall be 
clearly marked at all times with the letter(s) and/or numbers of the 
vessels to which they belong.

    \1\ Except for waters adjacent to Kerguelen and Crozet Islands.
    \2\ Includes permitted.

Conservation Measure 147/XVII 1,2

Cooperation Between Contracting Parties To Ensure Compliance With 
CCAMLR Conservation Measures With Regard to Their Vessels

    1. When a fishing vessel licensed \2\ by a Contracting Party to 
fish in the Convention Area in accordance with Conservation Measure 
119/XVII approaches the port of another Contracting Party in order to 
land or transship its catch, it shall notify the Port State, 72 hours 
in advance, of its intended arrival. The Port State, in exercise of its 
rights under international law, shall undertake an inspection of the 
vessel, within 48 hours of the vessel entering the port, to confirm 
that it has carried out activities in the Convention Area in accordance 
with CCAMLR Conservation Measures. The inspection shall be carried out 
in an expeditious fashion, shall impose no undue burdens on the vessel 
or its crew, and be guided by the relevant provisions of the CCAMLR 
System of Inspection.
    2. In the event that there is evidence that the vessel has fished 
in contravention of the CCAMLR Conservation Measures, the Contracting 
Party shall inform the Flag State of the vessel of its inspection 
findings. The two Contracting Parties shall, in the spirit of 
cooperation, take such appropriate action as is required by the Flag 
State of the vessel to enable it to investigate the infringement and, 
if necessary, apply appropriate sanctions in accordance with its 
national legislation.

    \1\ Except for waters adjacent to the Kerguelen and Crozet 
Islands
    \2\ Includes permitted

Conservation Measure 148/XVII \1\

Automated Satellite-Linked Vessel Monitoring Systems (VMS)

    The Commission hereby adopts the following Conservation Measure in 
accordance with Article IX of the Convention:
    1. Each Contracting Party shall, no later than 1 March 1999, 
establish an automated Vessel Monitoring System (VMS) to monitor the 
position of its fishing vessels, which are licensed \1\ in accordance 
with Conservation Measure 119/XVII, to harvest marine living resources 
in the Convention Area, and for which catch limits, fishing seasons or 
area restrictions have been set by Conservation Measures adopted by the 
Commission.
    2. Any Contracting Party unable to establish VMS in accordance with 
paragraph 1 shall inform the CCAMLR Secretariat within 90 days 
following the notification of this Conservation Measure, and 
communicate its intended timetable for implementation of VMS. However, 
the Contracting Party shall establish VMS at the earliest possible 
date, and in any event, no later than 31 December 2000.
    3. The implementation of VMS on vessels while participating only in 
a krill fishery is not currently required.
    4. For the purpose of this Measure, VMS means a system where, inter 
alia:
    (i) through the installation of satellite-tracking devices on board 
its fishing vessels, the Flag State receives automatic transmission of 
certain information. This information includes the fishing vessel 
identification, location, date and time, and is collected by the Flag 
State at least every four hours to enable it to monitor effectively its 
flag vessels;
    (ii) performance standards provide, as a minimum, that the VMS:
    (a) is tamper proof;
    (b) is fully automatic and operational at all times regardless of 
environmental conditions;
    (c) provides real time data;
    (d) provides the geographical position of the vessel, with a 
position error of less than 500 m with a confidence interval of 99%, 
the format being determined by the Flag State; and
    (e) in addition to regular messages, provides special messages when 
the vessel enters or leaves the Convention Area and when it moves 
between one CCAMLR area, subarea or division within the Convention 
Area.
    5. In the event of technical failure or other non-function of the 
VMS, the master or the owner of the fishing vessel, as a minimum:
    (i) shall communicate at least once every 24 hours, starting from 
the time that this event was detected, the data referred in paragraph 
4(i) by telex, by fax, by telephone message or by radio to the Flag 
State; and
    (ii) shall take immediate steps to have the device repaired or 
replaced as soon as possible, and, in any event, within two months. If 
during that period the vessel returns to port it shall not be allowed 
to commence a further fishing trip without having the defective device 
repaired or replaced.
    6. In the event that the VMS ceases to operate, the Contracting 
Party as soon as possible shall advise the Executive Secretary of the 
name of the vessel, the date, time and the location of the vessel when 
the VMS failed. The Party shall also inform the Executive Secretary 
when the VMS becomes operational again. The Executive Secretary shall 
make such information available to Contracting Parties upon request.
    7. Contracting Parties shall report to the Secretariat before the 
start of annual meeting of the Commission in 1999, on the VMS which has 
been introduced in accordance with paragraphs 1 and 2, including its 
technical details, and each year thereafter, on:
    (i) any change in the VMS;
    (ii) in accordance with paragraph XI of the CCAMLR System of 
Inspection, all cases where they have determined, with the assistance 
of the VMS that vessels of their flag had fished in the Convention Area 
in possible contravention of CCAMLR Conservation Measures.

    \1\ Includes permitted.

Conservation Measure 149/XVII

Prohibition on Directed Fishing for Dissostichus spp. except in 
Accordance With Specific Conservation Measures in the 1998/99 Season

    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

[[Page 70825]]

except Statistical Subareas 48.5, 88.2, 88.3 and Statistical Division 
58.4.1 (east of 90 deg.E),

hereby adopts the following Conservation Measure in accordance with 
Article IX of the Convention:
    Directed fishing for Dissostichus spp. in Statistical Subareas 
48.5, 88.2, 88.3 and Statistical Division 58.4.1 (east of 90 deg.E) is 
prohibited from 7 November 1998 to 30 November 1999.

Conservation Measure 150/XVII

Experimental Harvest Regime for the Crab Fishery in Statistical Subarea 
48.3 for the Seasons 1998/99 and 1999/2000

    The following measures apply to all crab fishing within Statistical 
Subarea 48.3 for the 1998/99 and 1999/2000 fishing seasons. Every 
vessel participating in the crab fishery in Statistical Subarea 48.3 
shall conduct fishing operations in accordance with an experimental 
harvest regime as outlined below:
    1. The experimental harvest regime shall consist of at least two 
phases. Each vessel participating in the fishery shall complete all of 
the phases. Phase 1 shall be conducted during the first season that a 
vessel participates in the experimental harvest regime. Phase 2, and 
any additional phases, shall be completed in the next season of 
fishing.
    2. Vessels shall conduct Phase 1 of the experimental harvest regime 
at the start of their first season of participation in the crab 
fishery. For the purposes of Phase 1, the following conditions shall 
apply:
    (i) Phase 1 shall be defined as a vessel's first 200,000 pot hours 
of effort at the start of its first fishing season;
    (ii) every vessel conducting Phase 1 shall expend its first 200,000 
pot hours of effort within a total area delineated by twelve blocks of 
0.5 deg. latitude by 1.0 deg. longitude. For the purposes of this 
Conservation Measure, these blocks shall be numbered A to L. In Annex 
150/A, the blocks are illustrated (Figure 1), and the geographic 
position is denoted by the coordinates of the northeast corner of the 
block. For each string, pot hours shall be calculated by taking the 
total number of pots on the string and multiplying that number by the 
soak time (in hours) for that string. Soak time shall be defined for 
each string as the time between start of setting and start of hauling;
    (iii) vessels shall not fish outside the area delineated by the 
0.5 deg. latitude by 1.0 deg. longitude blocks prior to completing 
Phase 1;
    (iv) during Phase 1, vessels shall not expend more than 30,000 pot 
hours in any single block of 0.5 deg. latitude by 1.0 deg. longitude;
    (v) if a vessel returns to port before it has expended 200,000 pot 
hours in Phase 1, the remaining pot hours shall be expended before it 
can be considered that the vessel has completed Phase 1; and
    (vi) after completing 200,000 pot hours of experimental fishing, it 
shall be considered that vessels have completed Phase 1 and shall 
commence fishing in a normal fashion.
    3. Normal fishing operations shall be conducted in accordance with 
the regulations set out in Conservation Measure 151/XVII.
    4. For the purposes of implementing normal fishing operations after 
Phase 1 of the experimental harvest regime, the Ten-day Catch and 
Effort Reporting System set out in Conservation Measure 61/XII shall 
apply.
    5. Vessels shall conduct Phase 2, and any additional phases, of the 
experimental harvest regime during their second season of participation 
in the crab fishery. If any vessel initiates Phase 1 of the 
experimental harvest regime during the 1998/99 or 1999/2000 fishing 
seasons, the Scientific Committee, and its Working Group on Fish Stock 
Assessment, shall advise the Commission on an appropriate experimental 
harvest strategy, Phase 2, for the following fishing season. This 
advice shall include provisions for:
    (i) requiring each vessel to expend approximately one month of 
experimental fishing effort during its second season of participation 
in the experimental harvest regime; and
    (ii) a data collection and submission policy appropriate to the 
experimental fishing strategy that is being recommended.
    6. Data collected during the experimental harvest regime in both 
Phase 1 and Phase 2 up to 30 June in any split-year shall be submitted 
to CCAMLR by 31 August of the following split-year.
    7. Vessels that complete all phases of the experimental harvest 
regime shall not be required to conduct experimental fishing in future 
seasons. However, these vessels shall abide by the guidelines set forth 
in Conservation Measure 151/XVII.
    8. Fishing vessels shall participate in the experimental harvest 
regime independently (e.g. vessels may not cooperate to complete phases 
of the experiment).
    9. Crabs captured during the experimental harvest regime shall be 
considered part of the prevailing TAC for the current fishing season 
(e.g. for 1998/99, experimental catches shall be considered part of the 
1,600-tonne TAC outlined in Conservation Measure 151/XVII).
    10. All vessels participating in the experimental harvest regime 
shall carry at least one scientific observer on board during all 
fishing activities.
    11. The experimental harvest regime shall be instituted for a 
period of two fishing seasons (1998/99 and 1999/2000), and the details 
of the regime may be revised by the Commission during this period of 
time. Fishing vessels commencing experimental fishing in the 1998/99 
season must complete the experimental harvest regime during the 1999/
2000 season.

Annex 150/A

Locations of Fishing Areas for the Experimental Harvest Regime of the 
Exploratory Crab Fishery

Figure 1: Operations area for Phase 1 of the experimental harvest 
regime for the crab fishery in Statistical Subarea 48.3.

Conservation Measure 151/XVII

Limits on the Crab Fishery in Statistical Subarea 48.3 in the 1998/99 
Season

    The Commission hereby adopts the following Conservation Measure 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 7 November 1998 to 30 November 1999, 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 1998/99 crab fishing season.
    5. Each vessel participating in the crab fishery in Statistical 
Subarea 48.3 in the 1998/99 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.

[[Page 70826]]

    7. All vessels fishing for crab shall report the following data to 
CCAMLR by 31 August 1999 for crabs caught prior to 31 July 1999:
    (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 151/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 151/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.
    9. Data on catches taken between 31 July 1998 and 31 August 1999 
shall be reported to CCAMLR by 30 September 1999 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 Paralomis 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 151/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 152/XVII

Prohibition of Directed Fishery on Gobionotothen gibberifrons, 
Chaenocephalus aceratus, Pseudochaenichthys georgianus, Lepidonotothen 
squamifrons and Patagonotothen guntheri in Statistical Subarea 48.3 for 
the 1998/99 Season

    The Commission hereby adopts the following Conservation Measure 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 1998/99 season, defined as the period from 7 November 1998 to 30 
November 1999.

Conservation Measure 153/XVII 1 2

Limitation of the Total Catch of Champsocephalus gunnari in Statistical 
Subarea 48.3 in the 1998/99 Season

    The Commission hereby adopts the following Conservation Measure in 
accordance with Conservation Measure 7/V:
    1. The total catch of Champsocephalus gunnari in the 1998/99 season 
shall be limited to 4,840 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 4,840 tons, whichever is 
sooner.
    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.\1\ The fishing vessel shall not return to any point 
within 5 n miles of the location where the by-catch of species named in 
Conservation Measure 95/XIV exceeded 5% for a period of at least five 
days.\2\ The location where the by-catch exceeded 5% is defined as the 
path followed by the fishing vessel from the point at which the fishing 
gear was first deployed from the fishing vessel to the point at which 
the fishing gear was retrieved by the fishing vessel.
    4. Where any haul contains more than 100 kg of Champsocephalus 
gunnari, and more than 10% of the Champsocephalus gunnari by number are 
smaller than 240 mm total length, the fishing vessel shall move to 
another fishing location at least 5 n miles distant.\1\ The fishing 
vessel shall not return to any point within 5 n miles of the location 
where the catch of small Champsocephalus gunnari exceeded 10%, for a 
period of at least five days.\2\ The location where the catch of small 
Champsocephalus gunnari exceeded 10% is defined as the path followed by 
the fishing vessel from the point at which the fishing gear was first 
deployed from the fishing vessel to the point at which the fishing gear 
was retrieved by the fishing vessel.
    5. The use of bottom trawls in the directed fishery for 
Champsocephalus gunnari in Statistical Subarea 48.3 is prohibited.

[[Page 70827]]

    6. The fishery for Champsocephalus gunnari in Statistical Subarea 
48.3 shall be closed from 1 April 1999 to 30 November 1999.
    7. Each vessel participating in the directed fishery for 
Champsocephalus gunnari in Statistical Subarea 48.3 in the 1998/99 
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 1998/99 season; and
    (ii) the Monthly Fine-scale Catch and Effort Data Reporting System 
set out in Conservation Measure 122/XVI 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 121/XVI shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.

    \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.

Conservation Measure 154/XVII

Limits on the Fishery for Dissostichus eleginoides in Statistical 
Subarea 48.3 for the 1998/99 Season

    The Commission hereby adopts the in accordance with Conservation 
Measure 7/V:
    1. The total catch of Dissostichus eleginoides in Statistical 
Subarea 48.3 in the 1998/99 season shall be limited to 3,500 tons.
    2. For the purposes of the fishery for Dissostichus eleginoides in 
Statistical Subarea 48.3, the 1998/99 fishing season is defined as the 
period from 15 April to 31 August 1999, 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 1998/99 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 1998/99 season, 
commencing on 15 April 1999; and
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 122/XVI shall apply in the 1998/99 season, 
commencing on 15 April 1999. Data shall be submitted on a haul-by-haul 
basis. For the purpose of Conservation Measure 122/XVI the target 
species is Dissostichus eleginoides and `by-catch species' are defined 
as any species other than Dissostichus eleginoides.
    5. Fine-scale biological data, as required under Conservation 
Measure 121/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 155/XVII 1, 2

Precautionary Catch Limit for Electrona carlsbergi in Statistical 
Subarea 48.3 for the 1998/99 Season

    The Commission hereby adopts the following Conservation Measure 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 7 November 1998 
to 30 November 1999.
    2. The total catch of Electrona carlsbergi in the 1998/99 season 
shall be limited to 109,000 tons in Statistical Subarea 48.3.
    3. In addition, the total catch of Electrona carlsbergi in the 
1998/99 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 1998/99 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 1999 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 is 
sooner.
    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 is sooner.
    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.\1\ 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 
days.\2\ The location where the by-catch exceeded 5% is defined as the 
path followed by the fishing vessel from the point at which the fishing 
gear was first deployed from the fishing vessel to the point at which 
the fishing gear was retrieved by the fishing vessel.
    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 1998/99 season;
    (ii) the Monthly Fine-scale Catch and Effort Data Reporting System 
set out in Conservation Measure 122/XVI shall also apply in the 1998/99 
season. For the purposes of Conservation Measure 122/XVI, the target 
species is Electrona carlsbergi, and `by-catch species' are defined as 
any cephalopod, crustacean or fish species other than Electrona 
carlsbergi; and
    (iii) the Monthly Fine-scale Biological Data Reporting System set 
out in Conservation Measure 121/XVI shall also apply in the 1998/99 
season. For the purposes of Conservation Measure 121/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 
121/XVI a representative sample shall be a minimum of 500 fish.


[[Page 70828]]


    \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.

Conservation Measure 156/XVII

Catch Limit on Dissostichus eleginoides and Dissostichus mawsoni in 
Statistical Subarea 48.4 for the 1998/99 Season

    1. The total catch of Dissostichus eleginoides in Statistical 
Subarea 48.4 in the 1998/99 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 1998/99 fishing season is defined as the 
period from 15 April to 31 August 1999, 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 154/XVII, is reached, whichever is sooner.
    4. Each vessel participating in the Dissostichus eleginoides 
fishery in Statistical Subarea 48.4 in the 1998/99 season shall have at 
least one scientific observer appointed in accordance with the CCAMLR 
Scheme of International Scientific Observation, on board throughout all 
fishing activities within the fishing period.
    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 1998/99 season, 
commencing on 15 April 1999; and (ii) the Monthly Fine-scale Catch and 
Effort Data Reporting System set out in Conservation Measure 122/XVI 
shall apply in the 1998/99 season, commencing on 15 April 1999. Data 
shall be reported on a haul-by-haul basis. For the purposes of 
Conservation Measure 122/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 121/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 Measures 157/XVII 1, 2

Limitation of the By-catch in Statistical Division 58.5.2 in the 1998/
99 Fishing Season

    1. There shall be no directed fishing for any species other than 
Dissostichus eleginoides and Champsocephalus gunnari in Statistical 
Division 58.5.2 in the 1998/99 fishing season.
    2. In directed fisheries in Statistical Division 58.5.2 in the 
1998/99 fishing season, the by-catch of Channichthys rhinoceratus shall 
not exceed 150 tons, and the by-catch of Lepidonotothen squamifrons 
shall not exceed 80 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.
    4. If, in the course of a directed fishery, the by-catch in any one 
haul of any by-catch species for which by-catch limitations apply under 
this Conservation Measure is equal to, or greater than 2 tons, then the 
fishing vessel shall not fish using that method of fishing at any point 
within 5 n miles \1\ of the location where the by-catch exceeded 2 tons 
for a period of at least five days.\2\ The location where the by-catch 
exceeded 2 tons 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.

    \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.

Conservation Measure 158/XVII

Fishery for Dissostichus eleginoides in Statistical Division 58.5.2 for 
the 1998/99 Season

    1. The total catch of Dissostichus eleginoides in Statistical 
Division 58.5.2 shall be limited to 3 690 tons in the 1998/99 season.
    2. For the purpose of this fishery for Dissostichus eleginoides, 
the 1998/99 fishing season is defined as the period from 7 November 
1998 to 30 November 1999.
    3. Fishing shall cease if the by-catch of any species reaches its 
by-catch limit as detailed in Conservation Measure 157/XVII.
    4. The catch limit may only be taken by trawling.
    5. Each vessel participating in the fishery for Dissostichus 
eleginoides in Statistical Division 58.5.2 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.
    6. Each vessel operating in the fishery for Dissostichus 
eleginoides in Statistical Division 58.5.2 shall be required to operate 
a VMS at all times, in accordance with Conservation Measure 148/XVII.
    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 viz: day 1 to day 10, day 
11 to day 20, day 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 of all 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

[[Page 70829]]

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;
    (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.
    9. The total number and weight of Dissostichus eleginoides 
discarded, including those with the jellymeat condition, shall be 
reported. These fish will count towards the total allowable catch.

Conservation Measure 159/XVII 1, 2

Fishery for Champsocephalus gunnari in Statistical Division 58.5.2 in 
the 1998/99 Fishing Season

    1. The total catch for Champsocephalus gunnari in Statistical 
Division 58.5.2 shall be limited to 1 160 tons in the 1998/99 fishing 
season.
    2. Areas in Statistical Division 58.5.2 outside that defined in 
paragraph 4 below shall be closed to directed fishing for 
Champsocephalus gunnari.
    3. Fishing shall cease if the by-catch of any of the species 
reaches its by-catch limit as detailed in Conservation Measure 157/
XVII.
    4. For the purpose of this fishery for Champsocephalus gunnari, the 
area open to the fishery is defined as that portion of Statistical 
Division 58.5.2 that lies within the area enclosed by a line:
    (i) starting at the point where the meridian of longitude 
72 deg.15'E intersects the Australia-France Maritime Delimitation 
Agreement Boundary then south along the meridian to its intersection 
with the parallel of latitude 53 deg.25'S;
    (ii) then east along that parallel to its intersection with the 
meridian of longitude 74 deg.E;
    (iii) then northeasterly along the geodesic to the intersection of 
the parallel of latitude 52 deg.40'S and the meridian of longitude 
76 deg.E;
    (iv) then north along the meridian to its intersection with the 
parallel of latitude 52 deg.S;
    (v) then northwesterly along the geodesic to the intersection of 
the parallel of latitude 51 deg.S with the meridian of longitude 
74 deg.30'E; and (vi) then southwesterly along the geodesic to the 
point of commencement.
    A chart illustrating the above definition is appended to this 
Conservation Measure (Annex 159/A).
    5. For the purposes of this fishery for Champsocephalus gunnari, 
the 1998/99 fishing season is defined as the period from 7 November 
1998 to 30 November 1999.
    6. The catch limit may only be taken by trawling.
    7. Where any haul contains more than 100 kg of Champsocephalus 
gunnari, and more than 10% of the Champsocephalus gunnari by number are 
smaller than 240 mm total length, the fishing vessel shall move to 
another fishing location at least 5 n miles distant.\1\ The fishing 
vessel shall not return to any point within 5 n miles of the location 
where the catch of small Champsocephalus gunnari exceeded 10% for a 
period of at least five days.\2\ The location where the catch of small 
Champsocephalus gunnari exceeded 10% is defined as the path followed by 
the fishing vessel from the point at which the fishing gear was first 
deployed from the fishing vessel to the point at which the fishing gear 
was retrieved by the fishing vessel.
    8. 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.
    9. Each vessel operating in the fishery for Champsocephalus gunnari 
in Statistical Division 58.5.2 shall be required to operate a VMS at 
all times, in accordance with Conservation Measure 148/XVII.
    10. A ten-day catch and effort reporting system shall be 
implemented:
    (i) for the purpose of implementing this system, the calendar month 
shall be divided into three reporting periods, viz: day 1 to day 10, 
day 11 to day 20 and day 21 to the last day of the month. The reporting 
periods are hereafter referred to as periods A, B and C;
    (ii) at the end of each reporting period, each Contracting Party 
participating in the fishery shall obtain from each of its vessels 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 Champsocephalus gunnari and of all by-catch 
species must be reported;
    (v) such reports shall specify the month and reporting period (A, B 
and C) to which each report refers;
    (vi) immediately after the deadline has passed for receipt of the 
reports for each period, the Executive Secretary shall notify all 
Contracting Parties engaged in fishing activities in the division of 
the total catch taken during the reporting period and the total 
aggregate catch for the season to date; 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.
    11. 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 Champsocephalus gunnari and of all by-catch 
species must be reported;
    (iii) the numbers of seabirds and marine mammals of each species 
caught and released or killed must be reported;
    (iv) the scientific observer(s) aboard each vessel shall collect 
data on the length composition from representative samples of 
Champsocephalus gunnari and by-catch species:
    (a) length measurements shall be to the nearest 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.

    \1\ 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.

[[Page 70830]]

Annex 159/A

Chart of the Heard Island Plateau

Conservation Measure 160/XVII \1\

Prohibition of Directed Fishing for Dissostichus eleginoides in 
Statistical Subarea 58.7

    Taking of Dissostichus eleginoides, other than for scientific 
research purposes in accordance with Conservation Measure 64/XII, is 
prohibited in Statistical Subarea 58.7 from 7 November 1998. This 
prohibition shall apply until at least such time that a survey of the 
Dissostichus eleginoides stock in this subarea is carried out, its 
results reported to and 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.

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

Conservation Measure 161/XVII 1, 2, 3

General Measures for New and Exploratory Longline Fisheries for 
Dissostichus spp. in the Convention Area for the 1998/99 Season

    The Commission,
    Noting the need for the distribution of fishing effort and 
appropriate catch levels in fine-scale rectangles\3\ in these new 
fisheries,

hereby 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 Dissostichus 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 
Dissostichus mawsoni discarded, including those with the `jellymeat' 
condition, shall be reported.
    5\2\. Each vessel participating in the new and exploratory 
fisheries for Dissostichus spp. during the 1998/99 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 161/A) shall be implemented. 
Data collected pursuant to the plan for the period up to 31 August 1999 
shall be reported to CCAMLR by 30 September 1999 so that the data will 
be available to the 1999 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.

    \1\ Except for waters adjacent to the Kerguelen and Crozet 
Islands
    \2\ Except for waters adjacent to the Prince Edward Islands
    \3\ 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..

Annex 161/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 121/XVI and 122/XVI) will be 
followed.
    2. All data required by the CCAMLR Scientific Observers Manual for 
finfish 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 162/XVII

New Longline Fishery for Dissostichus eleginoides and Dissostichus 
mawsoni in Statistical Subarea 48.6 in the 1998/99 Season

    The Commission,
    Welcoming the notification of South Africa of its intention to 
conduct a new longline fishery in Statistical Subarea 48.6 for 
Dissostichus eleginoides and Dissostichus mawsoni in the 1998/99 
fishing season,

hereby adopts the following Conservation Measure in accordance with 
Conservation Measure 65/XII:
    1. Fishing for Dissostichus eleginoides and Dissostichus mawsoni in 
Statistical Subarea 48.6 shall be limited to the new longline fishery 
by South Africa. The fishery shall be conducted by South African 
flagged vessels using longlining only.
    2. The precautionary catch limit for this new longline fishery in 
Statistical Subarea 48.6 shall be limited to 707 tons of Dissostichus 
spp. north of 60 deg.S, and 495 tons of Dissostichus spp. south of 
60 deg.S. In the event that either limit is reached, the relevant 
fishery shall be closed.
    3. For the purpose of this new longline fishery, the 1998/99 
fishing season to the north of 60 deg.S is defined as the period from 1 
March to 31 August 1999. The 1998/99 fishing season south of 60 deg.S 
is defined as the period from 15 February 1999 to 15 October 1999.
    4. The new longline fishery for the above species shall be carried 
out in accordance with Conservation Measures 29/XVI and 161/XVII.
    5. Each vessel participating in this new longline fishery will be 
required to operate a VMS at all times, in accordance with Conservation 
Measure 148/XVII.

[[Page 70831]]

Conservation Measure 163/XVII

New Longline Fishery for Dissostichus spp. in Statistical Division 
58.4.3 Outside Areas Under National Jurisdictions in the 1998/99 Season

    The Commission,
    Welcoming the notification of France of its intention to conduct a 
new longline fishery in Statistical Division 58.4.3 outside areas under 
national jurisdictions for Dissostichus spp. in the 1998/99 fishing 
season,

hereby adopts the following Conservation Measure in accordance with 
Conservation Measure 65/XII:
    1. Fishing for Dissostichus spp. in Statistical Division 58.4.3 
outside areas under national jurisdictions shall be limited to the new 
longline fishery by France. The fishery shall be conducted by French 
flagged vessels using longlining only.
    2. The precautionary catch limit for this new longline fishery in 
Statistical Division 58.4.3 shall be limited to 700 tons of 
Dissostichus spp. north of 60 deg.S. In the event that this limit is 
reached, the fishery shall be closed.
    3. For the purpose of this new longline fishery, the 1998/99 
fishing season to the north of 60 deg.S is defined as the period from 
15 April to 31 August 1999.
    4. The new longline fishery for the above species shall be carried 
out in accordance with Conservation Measures 29/XVI and 161/XVII.
    5. Each vessel participating in this new longline fishery will be 
required to operate a VMS at all times, in accordance with Conservation 
Measure 148/XVII.

Conservation Measure 164/XVII \1\

New Longline Fisheries for Dissostichus eleginoides in Statistical 
Division 58.4.4 in the 1998/99 Season

    The Commission,
    Welcoming the notifications of France, South Africa, Spain and 
Uruguay of their intention to conduct new longline fisheries in 
Statistical Division 58.4.4 for Dissostichus eleginoides in the 1998/99 
season,

hereby 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 longline fisheries by France, South 
Africa, Spain and Uruguay. The fisheries shall be conducted by French, 
South African, Spanish and Uruguayan flagged vessels using longlining 
only.
    2. The precautionary catch for Statistical Division 58.4.4 shall be 
limited to 572 tons of Dissostichus spp. north of 60 deg.S, to be taken 
by longlining. In the event that this limit is reached, the fisheries 
shall be closed.
    3. For the purpose of these new longline fisheries, the 1998/99 
fishing season is defined as the period from 15 April to 31 August 
1999.
    4. The new longline fisheries for the above species shall be 
carried out in accordance with Conservation Measures 29/XVI and 161/
XVII.
    5. Each vessel participating in these new longline fisheries will 
be required to operate a VMS at all times, in accordance with 
Conservation Measure 148/XVII.

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

Conservation Measure 165/XVII

Exploratory Fishery for Martialia hyadesi in Statistical Subarea 48.3 
in the 1998/99 Season

    The Commission hereby adopts the following Conservation Measure in 
accordance with Conservation Measures 7/V and 65/XII:
    1. The total catch of Martialia hyadesi in the 1998/99 season shall 
be limited to 2,500 tons.
    2. For the purposes of this exploratory fishery, the fishing season 
is defined as the period from 7 November 1998 to 30 November 1999 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 1999 for catches taken 
prior to 31 July 1999; and
    (iii) data on catches taken between 31 July 1999 and 31 August 1999 
shall be reported to CCAMLR by 30 September 1999 so that the data will 
be available to the 1999 meeting of the Working Group on Fish Stock 
Assessment.
    4. Each vessel participating in this exploratory fishery for 
Martialia hyadesi in Statistical Subarea 48.3 during the 1998/99 season 
shall have at least one scientific observer appointed in accordance 
with the CCAMLR Scheme of International Scientific Observation on board 
throughout all fishing activities in this subarea.
    5. The data collection plan in Annex 165/A shall be implemented. 
Data collected pursuant to the plan for the period up to 31 August 1999 
shall be reported to CCAMLR by 30 September 1999 so that the data will 
be available to the 1999 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 165/A

Data Collection Plan for Exploratory Squid (Martialia Hyadesi) 
Fisheries in Statistical Subarea 48.3

    1. All vessels will comply with conditions set by CCAMLR. These 
include data required to complete the data form (Form TAC) for the Ten-
day Catch and Effort Reporting System, as specified by Conservation 
Measure 61/XII; and data required to complete the CCAMLR standard fine-
scale catch and effort data form for a squid jig fishery (Form C3). 
This includes numbers of seabirds and marine mammals of each species 
caught and released or killed.
    2. All data required by the CCAMLR Scientific Observers Manual for 
squid fisheries will be collected. These include:
    (i) vessel and observer program details (Form S1);
    (ii) catch information (Form S2); and (iii) biological data (Form 
S3).

Conservation Measure 166/XVII 1,2

Exploratory Trawl Fishery for Dissostichus spp. in Statistical Division 
58.4.1 in the 1998/99 Season

    The Commission,
    Welcoming the notification of Australia of its intention to conduct 
an exploratory trawl fishery in Statistical Division 58.4.1 west of 
90 deg.E in the 1998/99 season,

hereby adopts the following Conservation Measure in accordance with 
Conservation Measure 65/XII:
    1. Fishing for Dissostichus spp. by trawl in Statistical Division 
58.4.1west of 90 deg.E shall be limited to the exploratory fishery by 
Australian flagged vessels.
    2. The total catch of Dissostichus spp. in the 1998/99 season taken 
by the trawl method shall not exceed 261 tons.
    3. For the purposes of this exploratory trawl fishery, the 1998/99 
fishing season is defined as the period from 7 November 1998 to 30 
November 1999 or until the catch limit is reached, whichever is the 
sooner.
    4. Each vessel participating in this exploratory trawl fishery for 
Dissostichus spp. in Statistical Division

[[Page 70832]]

58.4.1 west of 90 deg.E in the 1998/99 season 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 this division.
    5. Each vessel operating in this exploratory trawl fishery for 
Dissostichus spp. in Statistical Division 58.4.1 west of 90 deg.E shall 
be required to operate a VMS at all times, in accordance with 
Conservation Measure 148/XVII.
    6. 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; and
    (ii) the monthly fine-scale biological data, as required under 
Conservation Measure 121/XVI, shall be recorded and reported in 
accordance with the System of International Scientific Observation.
    7. (i) There shall be no directed fishing for any species other 
than Dissostichus spp.
    (ii) The by-catch of any fish species other than Dissostichus spp. 
shall not exceed 50 tons.
    (iii) If, in the course of a directed fishery, the by-catch in any 
one haul of any by-catch species for which by-catch limitations apply 
under this Conservation Measure is equal to, or greater than 2 tons, 
then the fishing vessel shall not fish using that method of fishing at 
any point within 5 n miles \1\ of the location where the by-catch 
exceeded 2 tons for a period of at least five days\2\. The location 
where the by-catch exceeded 2 tons 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. 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.
    9. The data collection plan in Conservation Measure 167/XVII for 
BANZARE Bank as a whole shall be implemented and the results reported 
to CCAMLR not later than three months after the closure of the fishery.

    \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.

Conservation Measure 167/XVII 1,2

Exploratory Trawl Fishery for Dissostichus spp. in Statistical Division 
58.4.3 in the 1998/99 Season

    The Commission,
    Welcoming the notification of Australia of its intention to conduct 
an exploratory trawl fishery in Statistical Division 58.4.3 in the 
1998/99 season,

hereby 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 shall be limited to the exploratory fishery by Australian 
flagged vessels.
    2. The total catch of Dissostichus spp. in the 1998/99 season taken 
by the trawl method shall not exceed 625 tons.
    3. For the purposes of this exploratory trawl fishery, the 1998/99 
fishing season is defined as the period from 7 November 1998 to 30 
November 1999 or until the catch limit is reached, whichever is the 
sooner.
    4. Each vessel participating in this exploratory trawl fishery for 
Dissostichus spp. in Statistical Division 58.4.3 in the 1998/99 season 
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 this division.
    5. Each vessel operating in this exploratory trawl fishery for 
Dissostichus spp. in Statistical Division 58.4.3 shall be required to 
operate a VMS at all times, in accordance with Conservation Measure 
148/XVII.
    6. 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; and
    (ii) the monthly fine-scale biological data, as required under 
Conservation Measure 121/XVI, shall be recorded and reported in 
accordance with the System of International Scientific Observation.
    7. (i) There shall be no directed fishing for any species other 
than Dissostichus spp.
    (ii) The by-catch of any fish species other than Dissostichus spp. 
shall not exceed 50 tons.
    (iii) If, in the course of a directed fishery, the by-catch in any 
one haul of any by-catch species for which by-catch limitations apply 
under this Conservation Measure is equal to, or greater than 2 tons, 
then the fishing vessel shall not fish using that method of fishing at 
any point within 5 n miles \1\ of the location where the by-catch 
exceeded 2 tons for a period of at least five days \2\. The location 
where the by-catch exceeded 2 tons 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. 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.
    9. The data collection plan in Annex 167/A shall be implemented and 
the results reported to CCAMLR not later than three months after the 
closure of the fishery.

    \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.

ANNEX 167/A

Research and Fishery Operations Plan

    During the early stages of exploratory fishing on the Elan and 
BANZARE Banks, subject to the catch limits 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 1 500 m 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.

[[Page 70833]]

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 (Conservation Measure 51/XII) and the monthly effort and 
biological data reporting required by Conservation Measures 121/XVI and 
122/XVI will also apply in Statistical Division 58.4.3, and Statistical 
Division 58.4.1 west of 90 deg.E.
    In addition to conditions set by CCAMLR, the Australian Fisheries 
Management Authority (AFMA) will require that the vessels carry an 
operating VMS which will enable AFMA to know their position at all 
times. 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 finfish fisheries:
    (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) observations on the occurrence of seabirds and mammals in 
relation to fishing operations, and details of any incidental mortality 
of these animals.

Figure 1: Chart of the Elan Bank area, showing the location and 
numbering system of the 15 n mile sampling squares.
Figure 2: Chart of the BANZARE Bank area, showing the location and 
numbering system of the 25 n mile sampling squares.

Conservation Measure 168/XVII 1,2

Exploratory Longline Fisheries for Dissostichus eleginoides in 
Statistical Subarea 58.6 in the 1998/99 Season

    The Commission hereby adopts the following Conservation Measure in 
accordance with Conservation Measure 65/XII:
    1. Fishing for Dissostichus eleginoides in Statistical Subarea 58.6 
shall be limited to the exploratory longline fisheries by France and 
South Africa. The fisheries shall be conducted by French and South 
African flagged vessels using longlining only.
    2. The precautionary catch limit for these exploratory fisheries in 
Statistical Subarea 58.6 shall be limited to 1 555 tons of Dissostichus 
eleginoides, to be taken by longlining. In the event that this limit is 
reached, the fisheries shall be closed.
    3. For the purpose of these exploratory longline fisheries, the 
1998/99 fishing season is defined as the period from 15 April to 31 
August 1999.
    4. The exploratory longline fisheries for the above species shall 
be carried out in accordance with Conservation Measures 29/XVI and 133/
XVI.
    5. Each vessel participating in these exploratory longline 
fisheries will be required to operate a VMS at all times, in accordance 
with Conservation Measure 148/XVII.

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

Conservation Measure 169/XVII

Exploratory Longline Fishery for Dissostichus eleginoides and 
Dissostichus mawsoni in Statistical Subarea 88.1 in the 1998/99 Season

    The Commission hereby adopts the following Conservation Measure in 
accordance with Conservation Measure 65/XII:
    1. Fishing for Dissostichus eleginoides and Dissostichus mawsoni in 
Statistical Subarea 88.1 shall be limited to the exploratory longline 
fishery by New Zealand. The fishery shall be conducted by no more than 
two New Zealand flagged vessels using longlining only.
    2. The precautionary catch for these exploratory longline fisheries 
in Subarea 88.1 shall be limited to 271 tons of Dissostichus spp. north 
of 65 deg.S and 2 010 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 purposes of this exploratory longline fishery, the 1998/
99 fishing season is defined as the period from 15 December 1998 to 31 
August 1999.
    4. The directed longline fishery for Dissostichus spp. in 
Statistical Subarea 88.1 north of 65 deg.S shall be carried out in 
accordance with Conservation Measure 29/XVI. South of 65 deg.S the 
directed fishery for the above species shall be carried out in 
accordance with all the provisions of Conservation Measure 29/XVI, 
except paragraph 3. To permit experimental line weighting trials south 
of 65 deg.S, longlines may be set during daylight hours if the vessels 
can demonstrate a consistent minimum line sink rate of 0.3 meters per 
second. Vessels shall revert to setting longlines at night in 
accordance with Conservation Measure 29/XVI if a significant level of 
seabird by-catch occurs.
    5. The directed longline fishery for the above species shall be 
carried out in accordance with Conservation Measure 161/XVII.
    6. Each vessel participating in this exploratory longline fishery 
shall be required to operate a VMS at all times, in accordance with 
Conservation Measure 148/XVII.

    Dated: December 8, 1998.
Raymond V. Arnaudo,
Deputy Director, Office of Oceans Affairs.
[FR Doc. 98-33660 Filed 12-21-98; 8:45 am]
BILLING CODE 4710-09-P