[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Notices]
[Pages 10893-10894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5771]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 030602D]


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 Twentieth Meeting in Hobart, Tasmania, October 22 to 
November 2, 2001, 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 have been agreed upon in accordance with Article IX of 
the Convention for the Conservation of Antarctic Marine Living 
Resources (the Convention) and are in effect with respect to the United 
States.

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 67 FR 2477 (January 17, 2002).
    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; allow vessels in longline fisheries in 
Subarea 48.6 south of 60 deg.S to use experimental line-weighting 
trials; amend and clarify the catch documentation scheme for 
Dissostichus species; amend a previously adopted measure relating to 
licensing and inspection obligations of Contracting Parties and 
cooperation between Contracting Parties; and amend a previously adopted 
measure on the use of automated satellite-linked vessel monitoring 
systems (VMS) on Contracting Party vessels fishing in the Convention 
Area.
    In addition, the Commission adopted a resolution addressing 
toothfish harvests questionably attributed to FAO statistical area 51 
in the Indian Ocean.
    The measures and resolutions were announced by the Department of 
State by a preliminary notice in the Federal Register on January 17, 
2002 (67 FR 2477). Public comments were invited, but none were 
received. Through this notice, NMFS notifies the public that the United 
States has accepted the measures adopted at CCAMLR's Twentieth meeting, 
and that pursuant to the Convention and 16 U.S.C. 2431 et seq., these 
measures are in effect. For the full text of the measures adopted, see 
67 FR 2477, January 17, 2002. NMFS provides the following summary of 
the measures as a courtesy.
    The Commission adopted a uniform fishing season of December 1 
through November 30 for all Convention area fisheries, except as 
otherwise specified, e.g., to protect Convention Area species during 
spawning and breeding seasons. This measure includes a change in the 
season for krill fishing from the July 1 to June 30 season previously 
adopted by the Commission.
    The Commission prohibited the fishery for Champsocephalus gunnari 
in Statistical Subarea 48.3 within 12 nautical miles of the coast of 
South Georgia from March 1 to May 31, 2002 during the C.gunnari 
spawning period and adopted a requirement that all fishing vessels 
taking part in the fishery in the non-restricted area during this 
period conduct a minimum of 20 research hauls as set out in an annex to 
the C. gunnari conservation measure.
    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

[[Page 10894]]

pilot programs and (4) record of previous participation, if any, in the 
crab fishery. The fishery continues to be managed as previously defined 
by the Commission with one amendment. The minimum legal carapace width 
for male Paralomis spinosissima was reduced from 102 mm to 94 mm.
    The Commission amended the general measures for exploratory fishing 
for Dissostichus spp. to require Members who choose not to participate 
in an exploratory fishery prior to the commencement of the fishery to 
inform the Secretariat of changes in their plans no later than 1 month 
before the start of the fishery. If, for whatever reason, Members are 
unable to participate in the fishery, they shall inform the Secretariat 
no later than 1 week after finding that they cannot participate.
    The Commission approved several fisheries as exploratory fisheries 
for the 2001/2002 fishing season. These fisheries are limited total 
allowable catch (TAC) fisheries and 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 for Dissostichus species (toothfish) are 
for longline fishing in Statistical Subarea 48.6 by Japan, New Zealand, 
South Africa and Uruguay; trawl fishing in Statistical Division 58.4.2 
by Australia; longline fishing in 58.4.3a (the Elan Bank) outside areas 
under national jurisdiction by France and Japan; longline fishing in 
Statistical Division 58.4.3b (the BANZARE Bank) by France and Japan; 
longline fishing in Statistical Division 58.4.4 by France, Japan, South 
Africa, and Uruguay; longline fishing in Statistical Subarea 58.6 by 
Chile, France, Japan and South Africa; longline fishing in Statistical 
Subarea 88.1 by Japan, New Zealand, Russia and South Africa; longline 
fishing in Statistical Subarea 88.2 by Japan, New Zealand and South 
Africa.
    The Commission adopted a conservation measure for an exploratory 
trawl fishery for Chaenodraco wilsoni, Lepidonotothen kempi, Trematomus 
eulepidotus and Pleuragramma antarcticum in Statistical Division 
58.4.2, limited to fishing by Australia.
    The Commission adopted a conservation measure for a new trawl 
fishery for Macrourus ssp. in Statistical Division 58.4.2, limited to 
fishing by Australia and amended the conservation measure on the 
bycatch of Macrourus spp. and skates and rays to set upper limits on 
bycatch and require a vessel to move its fishing position should it 
catch more than one ton of bycatch species in a longline set or haul.
    Although the Commission readopted the conservation measure for jig 
fishing for Martialia hyadesi (squid) in Statistical Subarea 48.3, no 
Member notified the Commission of its intention to fish in this 
fishing-by-notification-only fishery.
    The Commission revised the conservation measure requiring the use 
of automated satellite-linked vessel monitoring in all fisheries 
(except the krill fishery) to require Contracting Parties to provide 
the Secretariat with limited positional information on movements by 
vessels in and out of the Convention area and between CCAMLR 
statistical areas, subareas and divisions. This information, available 
to Members by operation of the VMS requirement, must be transmitted to 
the Secretariat within two working days of receiving the required VMS 
information.
    The Commission amended the conservation measure specifying aspects 
of cooperation among Contracting Parties requiring them to report the 
details of fishing licenses issued by them.
    The Commission adopted a new conservation measure allowing vessels 
in longline fisheries in Subareas 48.6 south of 60 deg.S to use 
experimental line-weighting trials in lieu of the Commission's 
requirement for night setting-only in Convention Area longline 
fisheries when a vessel can demonstrate prior to licensing its ability 
to fully comply with one of two trial protocols. The Commission urged 
two actions with respect to the enforcement of the conservation measure 
to minimize the incidental mortality of seabirds in the course of 
longline fishing or longline fishing research. The Commission 
recommended that vessels equipped or configured such that they are 
unable to comply with the measure not be allowed to fish in the 
Convention Area. The Commission further recommended that Members 
prevent vessels persistently failing to comply with the measure from 
fishing in the Convention Area.
    The Commission revised and clarified the Dissostichus Catch 
Document (DCD) and created a Catch Documentation Fund (CDF) to receive 
voluntary contributions from the sale of seized or confiscated 
toothfish sold pursuant to a Specially Validated DCD (SVDCD). The DCD 
was revised to clarify procedures for dealing with export verification. 
The conservation measure creating the CDF includes the provision that, 
to the extent practicable, Contracting Parties shall ensure that no 
financial benefit arising from the sale of seized or confiscated catch 
of toothfish accrue to the perpetrators of illegal, unregulated or 
unreported fishing for toothfish. Another provision of the measure 
allows a Contracting Party to, consistent with its domestic 
legislation, decline to provide a market for toothfish offered for sale 
with a SVDCD by another State. The Commission also expanded and 
clarified the use of VMS to verify the area of toothfish harvests. Any 
Contracting Party, or non-Contracting Party participating in the Catch 
Documentation Scheme for toothfish, may now require additional 
verification of catch documents by Flag States by using, inter alia, 
VMS, in respect of catches taken on the high seas outside the 
Convention Area, when landed at, imported into or exported from its 
territory. The Commission recognized the need to revise the ``Guide for 
Completion of Catch Documents'' and requested that the Secretariat 
revise the Guide as agreed at the annual meeting and make it available 
on the CCAMLR website to all CCAMLR Members and non-Contracting Parties 
which have joined CCAMLR in the implementation of the CDS.
    CCAMLR adopted a resolution relating to fishing in Food and 
Agriculture Organization (FAO) statistical area 51. The Commission, 
concerned that the CDS could be used to disguise IUU catches of 
toothfish in order to gain legal access to markets, urged States 
participating in the CDS to ensure that DCDs relating to landings or 
imports of toothfish, when necessary, are checked by contact with flag 
states to verify that the information in the DCD is consistent with 
data reports derived from an automated satellite-linked VMS. The 
Commission also urged States participating in the CDS, if necessary to 
that end, to consider reviewing their domestic laws and regulations, 
with a view to prohibiting, in a manner consistent with international 
law, landings/transhipments/imports of toothfish declared in a DCD as 
having been caught in FAO Statistical Area 51, if the flag state fails 
to demonstrate that it verified the DCD using automated satellite-
linked VMS derived data reports.

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

    Dated: March 1, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
 [FR Doc. 02-5771 Filed 3-8-02; 8:45 am]
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