[Federal Register Volume 66, Number 76 (Thursday, April 19, 2001)]
[Notices]
[Pages 20132-20134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041001D]


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

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

ACTION:  Final notice.

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SUMMARY:  At its Nineteenth Meeting in Hobart, Tasmania, October 23 to

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November 3, 2000, the Commission for the Conservation of Antarctic 
Marine Living Resources (CCAMLR), of which the United States is a 
member, adopted conservation measures, pending members' 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.

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

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

SUPPLEMENTARY INFORMATION: See 50 CFR part 300, subpart G-Antarctic 
Marine Living Resources, and the Department of State's notice at 66 FR 
7527, January 23, 2001.
    The measures restrict overall catches and bycatch of certain 
species of fish, krill, squid, and crab; limit participation in several 
exploratory fisheries; restrict fishing in certain areas and to certain 
gear types; set fishing seasons; amend the catch documentation scheme 
for Dissostichus species; add to the procedures for minimizing the 
incidental take of seabirds in longline fishing; make technical 
amendments to the conservation measures related to research activities; 
and amend previously adopted measures relating to reporting 
requirements, licensing and inspection obligations of Contracting 
Parties, cooperation between Contracting Parties, and the use of 
automated satellite-linked vessel monitoring systems (VMS) on 
Contracting Party vessels fishing in the Convention Area. The 
Commission also adopted resolutions urging action with respect to 
illegal fishing and the implementation of the Catch Documentation 
Scheme for Dissostichus species.
     The measures and resolutions were announced by the Department of 
State by a preliminary notice in the Federal Register on January 23, 
2001. Public comments were invited, but none were received. NMFS 
implements these measures by this final notice, consistent with the 
framework process specified in the International Fisheries Regulations 
(50 CFR 300.111).
    CCAMLR approved several fisheries as exploratory fisheries for the 
2000/2001 fishing season. These fisheries are limited total allowable 
catch (TAC) fisheries and, with the exception of an exploratory fishery 
for M. hyadesi in Statistical Subarea 48.3 open to all Contracting 
Party vessels, are open only to the flagged vessels of the countries 
that notified CCAMLR of an interest by participants in the fisheries. 
The United States was not a notifying country, and, thus, U.S. fishers 
are not eligible to participate in them. The exploratory fisheries are 
for longline fishing for Dissostichus species in Statistical Subarea 
48.6 by Argentina, Brazil and South Africa; trawl fishing on the 
BANZARE Bank by Australia; longline fishing for Dissostichus species on 
BANZARE Bank outside areas under national jurisdiction by Argentina and 
France; trawl fishing for Dissostichus species on Elan Bank 
(Statistical Division 58.4.3) by Australia; longline fishing for 
Dissostichus species on Elan Bank (Statistical Division 58.4.3) outside 
areas of national jurisdictions by Australia and France; trawl fishing 
for Dissostichus species in Statistical Division 58.4.2 by Australia; 
longline fishing for Dissostichus species in Statistical Division 
58.4.4 by Argentina, Brazil, France, South Africa, Ukraine and Uruguay; 
longline fishing for Dissostichus eleginoides in Statistical Subarea 
58.6 by Argentina, France and South Africa; longline fishing for 
Dissostichus species in Statistical Subareas 88.1 by New Zealand, South 
Africa and Uruguay; longline fishing for Dissostichus species in 
Statistical Subarea 88.2 by South Africa and Uruguay; and trawl fishing 
for Chaenodraco wilsoni, Lepidonotothen kempi, Trematomus eulepidotus 
and Pleuragramma antarcticum in Statistical Division 58.4.2 by 
Australia.
    Participation in the Convention Area crab fishery continues to be 
limited to one vessel per Commission member. Applications for a crab 
permit must be received no later than 90 days prior to intended 
harvesting and will be considered in the order of application. If there 
are multiple applicants, the one U.S. crab permit will be issued on the 
basis of (1) order of receipt of applications (2) criteria for 
harvesting permits appearing in 50 CFR 300.112 (3) willingness to 
participate in CCAMLR pilot programs and (4) record of previous 
participation, if any, in the crab fishery.
     The Commission amended the conservation measure and Explanatory 
Memorandum for the Catch Documentation Scheme for Dissostichus species 
to improve the catch document and clarify the memorandum.
    The Commission also amended the conservation measure specifying 
aspects of cooperation among Contracting Parties so that vessels known 
to be engaged in illegal, unregulated or unreported fishing must be 
denied port access, other than for emergency purposes.
    The Commission revised the procedures for minimizing the incidental 
mortality of seabirds in the course of longline fishing or longline 
fishing research in two ways. One, by requiring that vessels using the 
Spanish method of longline fishing release weights before line tension 
occurs and use weights of at least 8.5 kg mass, spaced at intervals of 
no more than 40 meters, or 6 kg mass spaced at intervals of no more 
than 20 meters. Two, by requiring that vessels unable to process or 
retain offal on board, or discharge offal on the opposite side of the 
vessel, not be authorized to fish in the Convention area.
    The Commission amended the 5-day catch and effort reporting system 
by requiring that vessels failing to comply with the requirement cease 
fishing.
     The Commission updated the general measure for exploratory 
fisheries for Dissostichus species to include changes to the Research 
Plan and bycatch limits.
     The Commission approved minor technical revisions to management 
plans for CCAMLR Ecosystem Management Sites at Cape Shirreff and Seal 
Islands and added a catch limit on the take of Dissostichus species by 
any type of fishing gear during research fishing.
    CCAMLR adopted four new resolutions relating to illegal fishing and 
implementation of the catch documentation scheme for Dissostichus 
species. These were a resolution urging all Contracting Parties to 
avoid flagging a non-Contracting Party vessel or licensing such a 
vessel to fish in waters under their fisheries jurisdiction, if that 
particular vessel has a history of engagement in illegal, unregulated 
or unreported fishing; urging all Acceding States and non-Contracting 
Parties not participating in the Catch Documentation Scheme which fish 
for, or trade in, Dissostichus species to implement the Scheme as soon 
as possible; urging all Contracting Parties where they are unable to 
provide an authorized Flag State official(s) to monitor a landing for 
the purposes on validating Dissostichus Catch Documents, to discourage 
their flag vessels authorized to fish for longline fishing for 
Dissostichus species from using ports of Acceding States and non-
Contracting Parties which are not implementing the Catch Document 
Scheme; and agreeing that, on a voluntary basis, subject to their laws 
and regulations, Flag States participating in the Catch Document

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Scheme for Dissostichus species should ensure that their flag vessels 
authorized to fish for or transship Dissostichus species on the high 
seas maintain an operational vessel monitoring system throughout the 
whole calendar year.

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

    Dated: April 12, 2001.
 Clarence Pautzke,
 Acting Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 01-9648 Filed 4-18-01; 8:45 am]
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