[Federal Register Volume 68, Number 243 (Thursday, December 18, 2003)]
[Notices]
[Pages 70554-70577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31229]


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DEPARTMENT OF STATE

Office of Oceans Affairs

[I.D. 120103G]


New Conservation Measures for Antarctic Fishing Under the 
Auspices of CCAMLR

AGENCY: Office of Oceans Affairs, Department of State.

ACTION:  Notice.

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SUMMARY: At its Twenty-Second Meeting in Hobart, Tasmania, from October 
27 to November 7, 2003, 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. All the 
measures were agreed upon in accordance with Article IX of the 
Convention for the Conservation of Antarctic Marine Living Resources. 
Measures adopted restrict overall catches of certain species of fish 
and crabs, restrict fishing in certain areas, specify implementation 
and inspection obligations supporting the Catch Documentation Scheme of 
Contracting Parties, and promote compliance with CCAMLR measures by 
non-Contracting Party vessels. This notice includes the full text of 
the conservation measures adopted at the Twenty-Second meeting of 
CCAMLR. For all of the conservation measures in force, see the CCAMLR 
Website at http://www.ccamlr.org. This notice, therefore, together with 
the U.S. regulations referenced under the SUPPLEMENTARY INFORMATION 
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 by January 20, 2004.

FOR FURTHER INFORMATION CONTACT: Matthew V. Cassetta, Office of Oceans 
Affairs (OES/OA), Room 5805, Department of State, Washington, DC 20520; 
tel: 202-647-3947; fax: 202-647-9099; e-mail: [email protected].

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 Conventional 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 fisher; Exploratory fisheries; Reporting and 
record keeping requirements; Vessel and gear identification; Gear 
disposal; Mesh Size; Harvesting permits; Import permits; Appointment of 
a designated representative; Prohibitions; Facilitation of enforcement 
and inspection; and Penalties.
    The Commission agreed that the following conservation measures will 
remain in force in 2003/04: compliance: 10-01 (1998), 10-02 (2001), 10-
03 (2002), 10-04 (2002) and 10-06 (2002); general fishery matters: 21-
01 (2002), 21-02 (2002), 22-01 (1986), 22-02 (1984), 22-03 (2002), 23-
02 (1993), 23-03 (1991), 23-04 (2000), 23-05 (2000), 23-06 (2002), 25-
01 (1996), 31-01 (1986), 32-01 (2001), 32-02 (1998), 32-03 (1998), 32-
04 (1986), 32-05 (1986), 32-06 (1985), 32-07 (1999), 32-08 (1997), 32-
10 (2002), 32-11 (2002), 32-12 (1998), 33-01 (1995), 41-03 (1999), 51-
01 (2002), 51-02 (2002) and 51-03 (2002); protected areas: 91-01 
(2002), 91-02 (2002) and 91-03 (2002).
    At its twenty-second meeting in Hobart, Tasmania, the Commission 
agreed that the following resolutions will remain in force in 2003/04: 
Resolutions 7/IX, 10/XII, 14/XIX, 16/XIX, 17/XX, 18/XXI and 19/XXI. The 
Commission had also considered the implementation of a C-VMS. Although 
significant progress had been made, the Commission did not reach 
consensus at the most recent meeting. As a result, Conservation Measure 
10-04 and Resolution 16/XIX remain in force.
    New and Revised Conservation Measures. The Commission revised the 
following conservation measures at its twenty-second meeting: 
compliance: 10-05 (2002) and 10-07 (2002); general

[[Page 70555]]

fishery matters: 23-01 (2000), 24-01 (2002), 24-02 (2002), 25-02 (2002) 
and 25-03 (1999). In addition, thirty-four measures and two resolutions 
were adopted at the twenty-second meeting follow. For further 
information, see the CCAMLR web site at http://www.ccamlr.org under 
Publications for the Schedule of Conservation Measures in Force (2003/
2004), or contact the Commission at the CCAMLR Secretariat, P.O. Box 
213, North Hobart, Tasmania 7002, Australia. Tel: (61) 3-6234-9965.

CONSERVATION MEASURES AND RESOLUTIONS ADOPTED ATCCAMLR-XXII

CONSERVATION MEASURE 10-05 (2003)

Catch Documentation Scheme for Dissostichus spp.
[only paragraphs A5. and A9. of Annex 10-05/A of this measure were 
revised]
    The Commission,
    Concerned that illegal, unregulated and unreported (IUU) fishing 
for Dissostichus spp. in the Convention Area threatens serious 
depletion of populations of Dissostichus spp.,Aware that IUU fishing 
involves significant by-catch of some Antarctic species, including 
endangered albatross,
    Noting that IUU fishing is inconsistent with the objective of the 
Convention and undermines the effectiveness of CCAMLR conservation 
measures,
    Underlining the responsibilities of Flag States to ensure that 
their vessels conduct their fishing activities in a responsible manner,
    Mindful of the rights and obligations of Port States to promote the 
effectiveness of regional fishery conservation measures,
    Aware that IUU fishing reflects the high value of, and resulting 
expansion in markets for and international trade in, Dissostichus spp.,
    Recalling that Contracting Parties have agreed to introduce 
classification codes for Dissostichus spp. at a national level,
    Recognizing that the implementation of a Catch Documentation Scheme 
for Dissostichus spp. will provide the Commission with essential 
information necessary to provide the precautionary management 
objectives of the Convention,
    Committed to take steps, consistent with international law, to 
identify the origins of Dissostichus spp. entering the markets of 
Contracting Parties and to determine whether Dissostichus spp. 
harvested in the Convention Area that is imported into their 
territories was caught in a manner consistent with CCAMLR conservation 
measures,
    Wishing to reinforce the conservation measures already adopted by 
the Commission with respect to Dissostichus spp.,
    Inviting non-Contracting Parties whose vessels fish for 
Dissostichus spp. to participate in the Catch Documentation Scheme for 
Dissostichus spp., hereby adopts the following conservation measure in 
accordance with Article IX of the Convention:
    1. Each Contracting Party shall take steps to identify the origin 
of Dissostichus spp. imported into or exported from its territories and 
to determine whether Dissostichus spp. harvested in the Convention Area 
that is imported into or exported from its territories was caught in a 
manner consistent with CCAMLR conservation measures.
    2. Each Contracting Party shall require that each master or 
authorized representative of its flag vessels authorized to engage in 
harvesting of Dissostichus eleginoides and/or Dissostichus mawsoni 
complete a Dissostichus catch document for the catch landed or 
transhipped on each occasion that it lands or tranships Dissostichus 
spp.
    3. Each Contracting Party shall require that each landing of 
Dissostichus spp. at its ports and each transhipment of Dissostichus 
spp. to its vessels be accompanied by a completed Dissostichus catch 
document.
    4. Each Contracting Party shall, in accordance with their laws and 
regulations, require that their flag vessels which intend to harvest 
Dissostichus spp., including on the high seas outside the Convention 
Area, are provided with specific authorization to do so. Each 
Contracting Party shall provide Dissostichus catch document forms to 
each of its flagvessels authorized to harvest Dissostichus spp. and 
only to those vessels.
    5. A non-Contracting Party seeking to cooperate with CCAMLR by 
participating in this scheme may issue Dissostichus catch document 
forms, in accordance with the procedures specified in paragraphs 6 and 
7, to any of its flag vessels that intend to harvest Dissostichus spp.
    6. The Dissostichus catch document shall include the following 
information:
    (i) the name, address, telephone and fax numbers of the issuing 
authority;
    (ii) the name, home port, national registry number, and call sign 
of the vessel and, if issued, its IMO/Lloyd's registration number;
    (iii) the reference number of the license or permit, whichever is 
applicable, that is issued to the vessel;
    (iv) the weight of each Dissostichus species landed or transhipped 
by product type, and
    (a) by CCAMLR statistical subarea or division if caught in the 
Convention Area; and/or
    (b) by FAO statistical area, subarea or division if caught outside 
the Convention Area;
    (v) the dates within which the catch was taken;
    (vi) the date and the port at which the catch was landed or the 
date and the vessel, its flag and national registry number, to which 
the catch was transhipped; and
    (vii) the name, address, telephone and fax numbers of the 
recipient(s) of the catch and the amount of each species and product 
type received.
    7. Procedures for completing Dissostichus catch documents in 
respect of vessels are set forth in paragraphs A1 to A10 of Annex 10-
05/A to this measure. The standard catch document is attached to the 
annex.
    8. Each Contracting Party shall require that each shipment of 
Dissostichus spp. imported into or exported from its territory be 
accompanied by the export-validated Dissostichus catch document(s) and, 
where appropriate, validated re-export document(s) that account for all 
the Dissostichus spp. contained in the shipment.
    9. An export-validated Dissostichus catch document issued in 
respect of a vessel is one that:
    (i) includes all relevant information and signatures provided in 
accordance with paragraphs A1 to A11 of Annex 10-05/A to this measure; 
and
    (ii) includes a signed and stamped certification by a responsible 
official of the exporting State of the accuracy of the information 
contained in the document.
    10. Each Contracting Party shall ensure that its customs 
authorities or other appropriate officials request and examine the 
documentation of each shipment of Dissostichus spp. imported into or 
exported from its territory to verify that it includes the export-
validated
    Dissostichus catch document(s) and, where appropriate, validated 
re-export
    document(s) that account for all the Dissostichus spp. contained in 
the shipment. These officials may also examine the content of any 
shipment to verify the information contained in the catch document or 
documents.
    11. If, as a result of an examination referred to in paragraph 10 
above, a question arises regarding the

[[Page 70556]]

information contained in a Dissostichus catch document or a re-export 
document the exporting State whose national authority validated the 
document(s) and,
    as appropriate, the Flag State whose vessel completed the document 
are called on to cooperate with the importing State with a view to 
resolving such question.
    12. Each Contracting Party shall promptly provide by the most rapid 
electronic means copies to the CCAMLR Secretariat of all export-
validated Dissostichus catch documents and, where relevant, validated 
re-export documents that it issued from and received into its territory 
and shall report annually to the Secretariat data, drawn from such 
documents, on the origin and amount of Dissostichus spp. exported from 
and imported into its territory.
    13. Each Contracting Party, and any non-Contracting Party that 
issues Dissostichus catch documents in respect of its flag vessels in 
accordance with paragraph 5, shall inform the CCAMLR Secretariat of the 
national authority or authorities (including names, addresses, phone 
and fax numbers and email addresses) responsible for issuing and 
validating Dissostichus catch documents.
    14. Notwithstanding the above, any Contracting Party, or any non-
Contracting Party participating in the Catch Documentation Scheme, may 
require additional verification of catch documents by Flag States by 
using, inter alia, VMS, in respect of catches\1\ taken on the high seas 
outside the Convention Area, when landed at, imported into or exported 
from its territory.
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    \1\ Excluding by-catches of Dissostichus spp. by trawlers 
fishing on the high seas outside the Convention Area. A by-catch 
shall be defined as no more than 5% of total catch of all species 
and no more than 50 tons for an entire fishing trip by a vessel.
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    15. If a Contracting Party participating in the CDS has cause to 
sell or dispose of seized or confiscated Dissostichus spp., it may 
issue a Specially Validated Dissostichus Catch Document (SVDCD) 
specifying the reasons for that validation. The SVDCD shall include a 
statement describing the circumstances under which confiscated fish are 
moving in trade. To the extent practicable, Parties shall ensure that 
no financial benefit arising from the sale of seized or confiscated 
catch accrue to the perpetrators of IUU fishing. If a Contracting Party 
issues a SVDCD, it shall immediately report all such validations to the 
Secretariat for conveying to all Parties and, as appropriate, recording 
in trade statistics.
    16. A Contracting Party may transfer all or part of the proceeds 
from the sale of seized or confiscated Dissostichus spp. into the CDS 
Fund created by the Commission or into a national fund which promotes 
achievement of the objectives of the Convention. A Contracting Party 
may, consistent with its domestic legislation, decline to provide a 
market for toothfish offered for sale with a SVDCD by another State. 
Provisions concerning the uses of the CDS Fund are found in Annex B.

ANNEX 10-05/A

    A1. Each Flag State shall ensure that each Dissostichus catch 
document form that it issues includes a specific identification number 
consisting of:
    (i) a four-digit number, consisting of the two-digit International 
Standards Organization (ISO) country code plus the last two digits of 
the year for which the form is issued; and
    (ii) a three-digit sequence number (beginning with 001) to denote 
the order in which catch document forms are issued.
    It shall also enter on each Dissostichus catch document form the 
number as appropriate of the license or permit issued to the vessel.
    A2. The master of a vessel which has been issued a Dissostichus 
catch document form or forms shall adhere to the following procedures 
prior to each landing or transhipment of Dissostichus spp.:
    (i) the master shall ensure that the information specified in 
paragraph 6 of this conservation measure is accurately recorded on the 
Dissostichus catch document form;
    (ii) if a landing or transhipment includes catch of both 
Dissostichus spp., the master shall record on the Dissostichus catch 
document form the total amount of the catch landed or transhipped by 
weight of each species;
    (iii) if a landing or transhipment includes catch of Dissostichus 
spp. taken from different statistical subareas and/or divisions, the 
master shall record on the Dissostichus catch document form the amount 
of the catch by weight of each species taken from each statistical 
subarea and/or division and indicating whether the catch was caught in 
an EEZ or on the high seas, as appropriate; and
    (iv) the master shall convey to the Flag State of the vessel by the 
most rapid electronic means available, the Dissostichus catch document 
number, the dates within which the catch was taken, the species, 
processing type or types, the estimated weight to be landed and the 
area or areas of the catch, the date of landing or transhipment and the 
port and country of landing or vessel of transhipment and shall request 
from the Flag State, a Flag State confirmation number.
    A3. If, for catches\2\ taken in the Convention Area or on the high 
seas outside the Convention Area, the Flag State verifies, by the use 
of a VMS (as described in paragraphs 5 and 6 of Conservation Measure 
10-04), the area fished and that the catch to be landed or transhipped 
as reported by its vessel is accurately recorded and taken in a manner 
consistent with its authorization to fish, it shall convey a unique 
Flag State confirmation number to the vessel's master by the most rapid 
electronic means available. The Dissostichus catch document will 
receive a confirmation number from the Flag State, only when it is 
convinced that the information submitted by the vessel fully satisfies 
the provisions of this conservation measure.
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    \2\ Excluding by-catches of Dissostichus spp. by trawlers 
fishing on the high seas outside the ConventionArea. A by-catch 
shall be defined as no more than 5% of total catch of all species 
and no more than 50 tons for an entire fishing trip by a vessel.
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    A4. The master shall enter the Flag State confirmation number on 
the Dissostichus catch document form.
    A5. The master of a vessel that has been issued a Dissostichus 
catch document form or forms shall adhere to the following procedures 
immediately after each landing or transhipment of Dissostichus spp.:
    (i) in the case of a transhipment, the master shall confirm the 
transhipment obtaining the signature on the Dissostichus catch document 
of the master of the vessel to which the catch is being transferred;
    (ii) in the case of a landing, the master or authorized 
representative shall confirm the landing by obtaining a signed and 
stamped certification on the Dissostichus catch document by a 
responsible official of the Port State of landing or free trade zone 
who is acting under the direction of either the customs or fisheries 
authority of the Port State and is competent with regard to the 
validation of Dissostichus catch documents;
    (iii) in the case of a landing, the master or authorized 
representative shall also obtain the signature on the Dissostichus 
catch document of the individual that receives the catch at the port of 
landing or free trade zone;
    (iv) in the event that the catch is divided upon landing, the 
master or authorized representative shall present a copy of the 
Dissostichus catch document to each individual that receives a part of 
the catch at the port

[[Page 70557]]

of landing or free trade zone, record on that copy of the catch 
document the amount and origin of the catch received by that individual 
and obtain the signature of that individual.
    A6. In respect of each landing or transhipment, the master or 
authorized representative shall immediately sign and convey by the most 
rapid electronic means available a copy, or, if the catch landed was 
divided, copies, of the signed Dissostichus catch document to the Flag 
State of the vessel and shall provide a copy of the relevant document 
to each recipient of the catch.
    A7. The Flag State of the vessel shall immediately convey by the 
most rapid electronic means available a copy or, if the catch was 
divided, copies, of the signed Dissostichus catch document to the 
CCAMLR Secretariat to be made available by the next working day to all 
Contracting Parties.
    A8. The master or authorized representative shall retain the 
original copies of the signed Dissostichus catch document(s) and return 
them to the Flag State no later than one month after the end of the 
fishing season.
    A9. The master of a vessel to which catch has been transhipped 
(receiving vessel) shall adhere to the following procedures immediately 
after each landing of such catch in order to complete each Dissostichus 
catch document received from transhipping vessels:
    (i) the master of the receiving vessel shall confirm the landing by 
obtaining a signed and stamped certification on the Dissostichus catch 
document by a responsible official of the Port State of landing or free 
trade zone who is acting under the direction of either the customs or 
fisheries authority of the Port State and is competent with regard to 
the validation of Dissostichus catch documents;
    (ii) the master of the receiving vessel shall also obtain the 
signature on the Dissostichus catch document of the individual that 
receives the catch at the port of landing or free trade;
    (iii) in the event that the catch is divided upon landing, the 
master of the receiving vessel shall present a copy of the Dissostichus 
catch document to each individual that receives a part of the catch at 
the port of landing or free trade zone, record on that copy of the 
catch document the amount and origin of the catch received by that 
individual and obtain the signature of that individual.
    A10. In respect of each landing of transhipped catch, the master or 
authorized representative of the receiving vessel shall immediately 
sign and convey by the most rapid electronic means available a copy of 
all the Dissostichus catch documents, or if the catch was divided, 
copies, of all the Dissostichus catch documents, to the Flag State(s) 
that issued the Dissostichus catch document, and shall provide a copy 
of the relevant document to each recipient of the catch. The Flag State 
of the receiving vessel shall immediately convey by the most rapid 
electronic means available a copy of the document to the CCAMLR 
Secretariat to be made available by the next working day to all 
Contracting Parties.
    A11. For each shipment of Dissostichus spp. to be exported from the 
country of landing, the exporter shall adhere to the following 
procedures to obtain the necessary export validation of the 
Dissostichus catch document(s) that account for all the Dissostichus 
spp. contained in the shipment:
    (i) the exporter shall enter on each Dissostichus catch document 
the amount of each Dissostichus spp. reported on the document that is 
contained in the shipment;
    (ii) the exporter shall enter on each Dissostichus catch document 
the name and address of the importer of the shipment and the point of 
import;
    (iii) the exporter shall enter on each Dissostichus catch document 
the exporter's name and address, and shall sign the document; and
    (iv) the exporter shall obtain a signed and stamped validation of 
the Dissostichus catch document by a responsible official of the 
exporting State.
    A12. In the case of re-export, the re-exporter shall adhere to the 
following procedures to obtain the necessary re-export validation of 
the Dissostichus catch document(s) that account for all the 
Dissostichus spp. contained in the shipment:
    (i) the re-exporter shall supply details of the net weight of 
product of all species to be re-exported, together with the 
Dissostichus catch document number to which each species and product 
relates;
    (ii) the re-exporter shall supply the name and address of the 
importer of the shipment, the point of import and the name and address 
of the exporter;
    (iii) the re-exporter shall obtain a signed and stamped validation 
of the above details by the responsible official of the exporting State 
on the accuracy of information contained in the document(s); and
    (iv) the responsible official of the exporting state shall 
immediately transmit by the most rapid electronic means a copy of the 
re-export document to the Secretariat to be made available next working 
day to all Contracting Parties.

ANNEX 10-05/B

THE USE OF THE CDS FUND

    B1. The purpose of the CDS Fund ('the Fund') is to enhance the 
capacity of the Commission in improving the effectiveness of the CDS 
and by this, and other means, to prevent, deter and eliminate IUU 
fishing in the Convention Area.
    B2. The Fund will be operated according to the following 
provisions:
    (i) The Fund shall be used for special projects, or special needs 
of the Secretariat if the Commission so decides, aimed at assisting the 
development and improving the effectiveness of the CDS. The Fund may 
also be used for special projects and other activities contributing to 
the prevention, deterrence and elimination of IUU fishing in the 
Convention Area, and for other such purposes as the Commission may 
decide.
    (ii) The Fund shall be used primarily for projects conducted by the 
Secretariat,although the participation of Members in these projects is 
not precluded. While individual Member projects may be considered, this 
shall not replace the normal responsibilities of Members of the 
Commission. The Fund shall not be used for outine Secretariat 
activities.
    (iii) Proposals for special projects may be made by Members, by the 
Commission or the Scientific Committee and their subsidiary bodies, or 
by the Secretariat. Proposals shall be made to the Commission in 
writing and be accompanied by an explanation of the proposal and an 
itemized statement of estimated expenditure.
    (iv) The Commission will, at each annual meeting, designate six 
Members to serve on a Review Panel to review proposals made 
intersessionally and to makerecommendations to the Commission on 
whether to fund special projects orspecial needs. The Review Panel will 
operate by email intersessionally and meet during the first week of the 
Commission's annual meeting.
    (v) The Commission shall review all proposals and decide on 
appropriate projects and funding as a standing agenda item at its 
annual meeting.
    (vi) The Fund may be used to assist Acceding States and non-
Contracting Parties that wish to cooperate with CCAMLR and participate 
in the CDS, so long as this use is consistent with provisions (i) and 
(ii) above. Acceding States and non-Contracting Parties may submit 
proposals if the proposals are sponsored by, or in cooperation with, a 
Member.

[[Page 70558]]

    (vii) The Financial Regulations of the Commission shall apply to 
the Fund, except in so far as these provisions provide or the 
Commission decides otherwise.
    (viii) The Secretariat shall report to the annual meeting of the 
Commission on the activities of the Fund, including its income and 
expenditure. Annexed to the report shall be reports on the progress of 
each project being funded by the Fund, including details of the 
expenditure on each project. The report will be circulated to Members 
in advance of the annual meeting.
    (ix) Where an individual Member project is being funded according 
to provision (ii), that Member shall provide an annual report on the 
progress of the project, including details of the expenditure on the 
project. The report shall be submitted to the Secretariat in sufficient 
time to be circulated to Members in advance of the annual meeting. When 
the project is completed, that Member shall provide a final statement 
of account certified by an auditor acceptable to the Commission.
    (x) The Commission shall review all ongoing projects at its annual 
meeting as a standing agenda item and reserves the right, after notice, 
to cancel a project at any time should it decide that it is necessary. 
Such a decision shall be exceptional, and shall take into account 
progress made to date and likely progress in the future, and shall in 
any case be preceded by an invitation from the Commission to the 
project coordinator to present a case for continuation of funding.
    (xi) The Commission may modify these provisions at any time.

CONSERVATION MEASURE 10-07 (2003)

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

    1. The Contracting Parties request non-Contracting Parties to 
cooperate fully with the Commission with a view to ensuring that the 
effectiveness of CCAMLR conservation measures is not undermined.
    2. At each annual meeting the Commission shall identify those non-
Contracting Parties whose vessels are engaged in illegal, unregulated 
and unreported (IUU) fishing activities in the Convention Area that 
threaten to undermine the effectiveness of CCAMLR conservation 
measures, and shall establish a list of such vessels (IUU Vessel List), 
in accordance with the procedures and criteria set out hereafter.
    3. A non-Contracting Party vessel which has been sighted engaging 
in fishing activities in the Convention Area or which has been denied 
port access, landing or transhipment in accordance with Conservation 
Measure 10-03 is presumed to be undermining the effectiveness of CCAMLR 
conservation measures. In the case of any transhipment activities 
involving a sighted non-Contracting Party vessel inside or outside the 
Convention Area, the presumption of undermining the effectiveness of 
CCAMLR conservation measures applies to any other non-Contracting Party 
vessel which has engaged in such activities with that vessel.
    4. When the non-Contracting Party vessel referred to in paragraph 3 
enters a port of any Contracting Party, it shall be inspected by 
authorized Contracting Party officials in accordance with Conservation 
Measure 10-03 and shall not be allowed to land or tranship any fish 
species subject to CCAMLR conservation measures it might be holding on 
board unless the vessel establishes that the fish were caught in 
compliance with all relevant CCAMLR conservation measures and 
requirements under the Convention.
    5. The Contracting Party which sights the non-Contracting Party 
vessel or denies it port access, landing or transhipment under 
paragraph 3 shall attempt to inform the vessel it is presumed to be 
undermining the objective of the Convention and that this information 
will be distributed to all Contracting Parties and to the Secretariat, 
and to the Flag State of the vessel.
    6. Information regarding such sightings or denial of port access, 
landings or transhipments, and the results of all inspections conducted 
in the ports of Contracting Parties, and any subsequent action 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. At this time, the Secretariat shall, in consultation with the 
Chair of the Commission, request the Flag State concerned that, where 
appropriate, measures be taken in accordance with its applicable laws 
and regulations to ensure that the vessel or vessels in question desist 
from any activities that undermine the effectiveness of CCAMLR 
conservation measures, and that the Flag State report back to CCAMLR on 
the results of such enquiries and/or on the measures it has taken in 
respect of the vessel or vessels concerned.
    7. Contracting Parties may at any time submit to the Executive 
Secretary any additional information, which might be relevant for the 
identification of non-Contracting Party vessels that might be carrying 
out IUU fishing activities in the Convention Area.
    8. The Standing Committee on Implementation and Compliance (SCIC) 
shall review the information received pursuant to paragraphs 5,6 and 
7and any other information provided during its annual deliberations 
which may be considered relevant to this review.
    9. Following the review referred to in paragraph 8, SCIC shall 
submit to the Commission for approval, a proposed IUU Vessel List.
    10. The Executive Secretary, SCIC and the Commission shall 
undertake each year the procedures set out in this conservation measure 
in respect of adding or removing vessels from the IUU Vessel List. In 
this regard, SCIC shall recommend that the Commission removes vessels 
from the list approved in a previous annual meeting if the relevant 
Flag State satisfies the Commission that:
    (a) the vessel did not take part in IUU fishing activities 
described in paragraph 2; or
    (b) it has taken effective action in response to the IUU fishing 
activities in question, including prosecution and imposition of 
sanctions of adequate severity; or
    (c) the vessel has changed ownership and that the new owner can 
establish the previous owner no longer has any legal, financial, or 
real interests in the vessel, or exercises control over it and that the 
new owner has not participated in IUU fishing; or
    (d) the Flag State has taken measures considered sufficient to 
ensure the granting of the right to the vessel to fly its flag will not 
result in IUU fishing.
    11. Contracting Parties shall take all necessary measures, to the 
extent possible in accordance with their applicable legislation, in 
order that:
    (a) the issuance of a licence to vessels included in the IUU Vessel 
List to fish in waters under their fisheries jurisdiction is 
prohibited;
    (b) fishing vessels, support vessels, mother-ships and cargo 
vessels flying their flag do not participate in any transhipment or 
joint fishing operations with vessels registered in the IUU Vessel 
List;
    (c) vessels appearing in the IUU Vessel List that enter ports are 
not authorized to land or tranship therein and are inspected in 
accordance with

[[Page 70559]]

Conservation Measure 10-03 on so entering;
    (d) the chartering of vessels included in the IUU Vessel List is 
prohibited;
    (e) granting of their flag to vessels appearing in the IUU Vessel 
List is refused;
    (f) imports of Dissostichus spp. from vessels included in the IUU 
Vessel List are prohibited;
    (g) 'Export or Re-export Government Authority Validation' is not 
verified when the shipment (of Dissostichus spp.) is declared to have 
been caught by any vessel included in the IUU Vessel List;
    (h) importers, transporters and other sectors concerned, are 
encouraged to refrain from negotiating and from transhipping of fish 
caught by vessels appearing in the IUU Vessel List;
    (i) any appropriate information is collected and exchanged with 
other Contracting Parties or cooperating non-Contracting Parties, 
entities or fishing entities with the aim of detecting, controlling and 
preventing the use of false import/export certificates regarding fish 
from vessels appearing in the IUU Vessel List.
    12. The Executive Secretary shall place the IUU Vessel List on a 
secure section of the CCAMLR website.
    13. The Commission shall request those non-Contracting Parties 
identified pursuant to paragraph 2, to immediately take steps to 
address the IUU fishing activities of the vessels flying their flag 
that have been included in the IUU Vessel List, including if necessary, 
the withdrawal of the registration or of the fishing licenses of these 
vessels, the nullification of the relevant catch documents and denial 
of further access to the Catch Documentation Scheme for Dissostichus 
spp. (CDS), and to inform the Commission of the measures taken in this 
respect.
    14. Contracting Parties shall jointly and/or individually request 
non-Contracting Parties identified pursuant to paragraph 2, to 
cooperate fully with the Commission in order to avoid undermining the 
effectiveness of conservation measures adopted by the Commission.
    15. The Commission shall review, at subsequent annual meetings as 
appropriate, actions taken by those non-Contracting Parties identified 
pursuant to paragraph 2 to which requests have been made pursuant to 
paragraphs 13 and 14, and identify those which have not rectified their 
fishing activities.
    16. The Commission shall decide appropriate measures to be taken in 
respect to Dissostichus spp. so as to address these issues with those 
identified non-Contracting Parties. In this respect, non-Contracting 
Parties may cooperate to adopt appropriate multilaterally agreed trade-
related measures, consistent with the World Trade Organization (WTO), 
that may be necessary to prevent, deter and eliminate the IUU fishing 
activities identified by the Commission. Multilateral trade-related 
measures may be used to support cooperative efforts to ensure that 
trade in Dissostichus spp. and its products does not in any way 
encourage IUU fishing or otherwise undermine the effectiveness of 
CCAMLR's conservation measures which are consistent with the United 
Nations Convention on the Law of the Sea 1982.

CONSERVATION MEASURE 23-01 (2003)

Five-day Catch and Effort Reporting System

    This conservation measure is adopted in accordance with 
Conservation Measure 31-01 where appropriate:
    1. For the purposes of this Catch and Effort Reporting System the 
calendar month shall be divided into six reporting periods, viz: day 1 
to day 5, day 6 to day 10, day 11 to day 15, day 16 to day 20, day 21 
to day 25 and day 26 to the last day of the month. These reporting 
periods are hereinafter referred to as periods A, B, C, D, E and F.
    2. At the end of each reporting period, each Contracting Party 
shall obtain from each of its vessels its total catch and total days 
and hours fished for that period and shall, by cable, telex or 
facsimile, transmit the aggregated catch and days and hours fished for 
its vessels. The catch and effort data shall reach the Executive 
Secretary not later than five (5) days after the end of the reporting 
period, or in the case of exploratory fisheries, notlater than two (2) 
working days after the end of the reporting period. In the case of 
longline fisheries, the number of hooks shall also be reported.
    3. 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.
    4. The catch of all species, including by-catch species, must be 
reported.
    5. Such reports shall specify the month and reporting period (A, B, 
C, D, E or F) to which each report refers.
    6. 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 area, of the 
total catch taken during the reporting period, the total aggregate 
catch for the season to date together with an estimate of the date upon 
which the total allowable catch is likely to be reached for that 
season. In the case of exploratory fisheries, the Executive Secretary 
shall also notify total aggregate catch for the season todate in each 
small-scale research unit (SSRU) together with an estimate of the date 
upon which the total allowable catch is likely to be reached in each 
SSRU for that season. Estimates shall be based on a projection forward 
of the trend in daily catch rates,obtained using linear regression 
techniques from a number of the most recent catch reports.
    7. At the end of every six reporting periods, the Executive 
Secretary shall inform all Contracting Parties of the total catch taken 
during the six most recent reporting periods, the total aggregate catch 
for the season to date together with an estimate of the date upon which 
the total allowable catch is likely to be reached for that season.
    8. If the estimated date of completion of the total allowable 
catch, is within five days of the date on which the Secretariat 
received the report of the catches, the Executive Secretary shall 
inform all Contracting Parties that the fishery will close on that 
estimated day or on the day on which the report was received, whichever 
is the later. In the case of exploratory fisheries, if the estimated 
date of completion of the catch in any SSRU is within five days of the 
day on which the Secretariat received the report of catches, the 
Executive Secretary shall additionally inform all Contracting Parties 
thatfishing in that SSRU will be prohibited from that calculated day, 
or on the day on which the report was received, whichever is the later.
    9. Should a Contracting Party fail to transmit a report to the 
Executive Secretary in the appropriate form by the deadline specified 
in paragraph 2, the Executive Secretary shall issue a reminder to the 
Contracting Party. If at the end of a further two five-day periods, or, 
in the case of exploratory fisheries, a further one five-day period, 
those data have still not been provided, the Executive Secretary shall 
notify all Contracting Partiesof the closure of the fishery to the 
vessel which has failed to supply the data as required and the 
Contracting Party concerned shall require the vessel to cease fishing. 
If the Executive Secretary is notified by the Contracting Party that 
the failure of the vessel to report is due to technical difficulties, 
the vessel may resume fishing once the report orexplanation concerning 
the failure has been submitted.

[[Page 70560]]

CONSERVATION MEASURE 24-01 (2003)3,4

The Application of Conservation Measures to Scientific Research[only 
Annex 24-01/B of this measure was revised]

    This conservation measure governs the application of conservation 
measures to scientific research and is adopted in accordance with 
Article IX of the Convention.
---------------------------------------------------------------------------

    \3\ Except for waters adjacent to the Kerguelen and Crozet 
Islands
    \4\ Except for waters adjacent to the Prince Edward Islands
---------------------------------------------------------------------------

    1. General application:
    (a) Catches taken by any vessel for research purposes will be 
considered as part of any catch limits in force for each species taken, 
and shall be reported to CCAMLR as part of the annual STATLANT returns.
    (b) The CCAMLR within-season catch and effort reporting systems 
shall applywhenever the catch within a specified reporting period 
exceeds five tons, unless more specific regulations apply to the 
particular species.
    2. Application to vessels taking less than 50 tons of finfish 
including no more than the amounts specified for finfish taxa in Annex 
24-01/B and less than 0.1% of a given catch limit for non-finfish taxa 
indicated in Annex 24-01/B:
    (a) Any Member planning to use a vessel for research purposes when 
the estimated catch is as above shall notify the Secretariat of the 
Commission which in turn will notify all Members immediately, according 
to the format provided in Annex 24-01/A. This notification shall be 
included in the Members' Activities Reports.
    (b) Vessels to which the provisions of paragraph 2(a) above apply, 
shall be exempt from conservation measures relating to mesh size 
regulations, prohibition of types of gear, closed areas, fishing 
seasons and size limits, and reporting system requirements other than 
those specified in paragraphs 1(a) and (b) above.
    3. Application to vessels taking more than 50 tons of finfish or 
more than the amounts specified for finfish taxa in Annex 24-01/B or 
more than 0.1% of a given catch limit for non-finfish taxa indicated in 
Annex 24-01/B:
    (a) Any Member planning to use any type of vessel to conduct 
fishing for research purposes when the estimated catch is as above, 
shall notify the Commission and provide the opportunity for other 
Members to review and comment on its research plan. The plan shall be 
provided to the Secretariat for distribution to Members at least six 
months in advance of the planned starting date for the research. In the 
event of any request for a review of such plan being lodged within two 
months of its circulation, the Executive Secretary shall notify all 
Members and submit the plan to the Scientific Committee for review. 
Based on the submitted research plan and any advice provided by the 
appropriate working group, the Scientific Committee will provide advice 
to the Commission where the review process will be concluded. Until the 
review process is complete the planned fishing for research purposes 
shall not proceed.
    (b) Research plans shall be reported in accordance with the 
standardized guidelines and formats adopted by the Scientific 
Committee, given in Annex 24-01/A.
    (c) A summary of the results of any research subject to these 
provisions shall be provided to the Secretariat within 180 days of the 
completion of the research fishing. A full report shall be provided 
within 12 months.
    (d) Catch and effort data resulting from research fishing in 
accordance with paragraph (a) above, should be reported to the 
Secretariat according to the haul-by-haul reporting format for research 
vessels (C4).

CONSERVATION MEASURE 24-02 (2003)

Experimental Line-weighting Trials

    In respect of fisheries in Statistical Subareas 48.6, 88.1 and 88.2 
and Divisions 58.4.1, 58.4.2, 58.4.3a, 58.4.3b and 58.5.2, paragraph 3 
of Conservation Measure 25-02 shall not apply only where a vessel can 
demonstrate, prior to entry into force of the license for this fishery 
and prior to entering the Convention Area, its ability to fully comply 
with either of the following experimental protocols.
Protocol A:
    A1. The vessel shall, under observation by a scientific observer:
    (i) set a minimum of five longlines with a minimum of four Time 
Depth Recorders (TDR) on each line;
    (ii) randomize TDR placement on the longline within and between 
sets;
    (iii) calculate an individual sink rate for each TDR when returned 
to the vessel, where:
    (a) the sink rate shall be measured as an average of the time taken 
to sink from the surface (0 m) to 15 m;
    (b) this sink rate shall be at a minimum rate of 0.3 m/s;
    (iv) if the minimum sink rate is not achieved at all 20 sample 
points, repeat the test until such time as a total of 20 tests with a 
minimum sink rate of 0.3 m/s are recorded;
    (v) all equipment and fishing gear used in the tests is to be the 
same as that to be used in the Convention Area.
    A2. During fishing, for a vessel to maintain the exemption to 
night-time setting requirements, continuous line sink monitoring shall 
be undertaken by the CCAMLR scientific observer. The vessel shall 
cooperate with the CCAMLR observer who shall:
    (i) aim to place a TDR on every longline set during the observer's 
shift;
    (ii) every seven days place all available TDRs on a single longline 
to determine any sink rate variation along the line;
    (iii) randomize TDR placement on the longline within and between 
sets;
    (iv) calculate an individual rate for each TDR when returned to the 
vessel;
    (v) measure the sink rate as an average of the time taken to sink 
from the surface (0 m) to 15 m.
    A3. The vessel shall:
    (i) ensure the average sink rate is at a minimum of 0.3 m/s;
    (ii) report daily to the fishery manager;
    (iii) ensure that data collected from line sink trials is recorded 
in the approved format and submitted to the fishery manager at the 
conclusion of the season.
Protocol B:
    B1. The vessel shall, under observation by a scientific 
observer:(i) set a minimum of five longlines of the maximum length to 
be used in theConvention Area with a minimum of four bottle tests (see 
paragraphs B5 to B9)on the middle one-third of the longline;
    (ii) randomize bottle test placement on the longline within and 
between sets, noting that all tests should be applied halfway between 
weights;
    (iii) calculate an individual sink rate for each bottle test, where 
the sink rate shall be measured as the time taken for the longline to 
sink from the surface (0 m) to 10 m;
    (iv) this sink rate shall be at a minimum rate of 0.3 m/s;
    (v) if the minimum sink rate is not achieved at all 20 sample 
points (four tests on five lines), continue testing until such time as 
a total of 20 tests with a minimum sink rate of 0.3 m/s are recorded;
    (vi) all equipment and fishing gear used in the tests is to be to 
the same specifications as that to be used in the Convention Area.
    B2. During fishing, for a vessel to maintain the exemption to 
paragraph 3

[[Page 70561]]

of Conservation Measure 25-02, regular line sink rate monitoring shall 
be undertaken by the CCAMLR scientific observer. The vessel shall 
cooperate with the CCAMLR observer who shall:
    (i) aim to conduct a bottle test on every longline set during the 
observer's shift, noting that the test should be undertaken on the 
middle one-third of the line;
    (ii) every seven days place at least four bottle tests on a single 
longline to determine any sink rate variation along the line;
    (iii) randomize bottle test placement on the longline within and 
between sets, noting that all tests should be applied halfway between 
weights;
    (iv) calculate an individual sink rate for each bottle test;
    (v) measure the line sink rate as the time taken for the line to 
sink from the surface (0 m) to 10 m.
    B3. The vessel shall whilst operating under this exemption:
    (i) ensure that all longlines are weighted to achieve a minimum 
line sink rate of 0.3 m/s at all times;
    (ii) report daily to its national agency on the achievement of this 
target;
    (iii) ensure that data collected from line sink rate monitoring are 
recorded in the approved format and submitted to the relevant national 
agency at the conclusion of the season.
    B4. A bottle test is to be conducted as described below.

Bottle Set Up

    B5. 10 m of 2 mm multifilament nylon snood twine, or equivalent, is 
securely attached to the neck of a 750 ml plastic bottle\5\ (buoyancy 
about 0.7 kg) with a longline clip attached to the other end. The 
length measurement is taken from the attachment point (terminal end of 
the clip) to the neck of the bottle, and should be checked by the 
observer every few days.
---------------------------------------------------------------------------

    \5\ A plastic water bottle that has a hard plastic screw-on 
'stopper' is needed. The stopper of the bottle is left open so that 
the bottle will fill with water after being pulled under water. This 
allows the plastic bottle to be re-used rather than being crushed by 
water pressure.
---------------------------------------------------------------------------

    B6. Reflective tape should be wrapped around the bottle to allow it 
to be observed at night. A piece of waterproof paper with a unique 
identifying number large enough to be read from a few meters away 
should be placed inside the bottle.

Test

    B7. The bottle is emptied of water, the stopper is left open and 
the twine is wrapped around the body of the bottle for setting. The 
bottle with the encircled twine is attached to the longline\6\, midway 
between weights (the attachment point).
---------------------------------------------------------------------------

    \6\ On autolines attach to the backbone; on the Spanish longline 
system attach to the hookline.
---------------------------------------------------------------------------

    B8. The observer records the time at which the attachment point 
enters the water as t1 in seconds. The time at which the bottle is 
observed to be pulled completely under is recorded as t2 in seconds\7\. 
The result of the test is calculated as follows:
---------------------------------------------------------------------------

    \7\ Binoculars will make this process easier to view, especially 
in foul weather.
---------------------------------------------------------------------------

Line sink rate = 10 / (t2 - t1)
    B9. The result should be equal to or greater than 0.3 m/s. These 
data are to be recorded in the space provided in the electronic 
observer logbook.

CONSERVATION MEASURE 24-03 (2003)

Experimental Integrated Line-Weighting Trials in Statistical Subareas 
88.1 and 88.2 in the 2003/04 Season

    The Commission,
    Noting the advice of the Scientific Committee and the desire to 
resolve line weighting issues for autoline vessels in the Convention 
Area, and the proposal to undertake a comprehensive trial to further 
resolve this issue from Australia and New Zealand in Statistical 
Subareas 88.1 and 88.2,Accepting the need to have two specified vessels 
use longlines that will not meet the normal sink rate requirements 
during these trials,Agrees to adopt the following conservation measure 
to allow the trials to occur only on the specified agreed vessels 
pursuant to the experimental design put forward by the Scientific 
Committee. In respect of fishing in Statistical Subareas 88.1 and 88.2, 
paragraphs 1 and 2 of Conservation Measure 25-02, protocols A2, A3, B2, 
and B3 of Conservation Measure 24-02, paragraph 8 of Conservation 
Measure 41-09, and paragraph 7 of Conservation Measure 41-10 shall not 
apply to the FV Janas\8\ and the FV Avro Chieftain\9\ whilst these 
vessels comply with the following experimental protocol.
---------------------------------------------------------------------------

    \8\ Subject to a license being issued by the Flag StateANNEX 24-
03/A
    \9\ Where the number of birds caught is defined in SC-CAMLR-
XXII, Annex 5, paragraphs 6.214 to 6.217.
---------------------------------------------------------------------------

    1. The CCAMLR Scientific Observer or the national observer shall 
observe all sets of longlines during the trial (100% coverage of sets).
    2. Vessels shall deploy two streamer lines on all sets of longlines 
during the trial. Streamer lines shall be deployed on either side of 
the longline. The windward streamer will be of the same specification 
as that detailed in the Appendix to Conservation Measure 25-02. The 
leeward streamer must be as close as possible to that specification, 
recognising that modifications will be needed to prevent entanglement 
of the two streamer lines and the vessels in the trial shall have 
operational discretion to avoid this.
    3. The CCAMLR Scientific Observer shall provide a detailed 
description of the leeward streamer line use and construction in their 
cruise report.
    4. One of the observers shall determine during every trial set 
whether seabirds of any species enter the 'risk zone' near vessels. The 
risk zone is defined as:
    (i) up to 100 m astern of the vessel;
    (ii) up to 10 m either side of the setting direction of the 
longline;
    (iii) up to 10 m above the longline.
    5. Whenever a seabird is sighted in the risk zone during a set, the 
observer shall immediately inform the officer in charge of the setting 
operation who shall immediately begin firing a bird scaring gas cannon 
until such time that the seabird(s) leave the prescribed area. The gas 
cannon shall be fired on a randomized cycle with a firing frequency of 
at least two times every three minutes.
    6. If, on firing the gas cannon three times, seabirds remain in the 
risk zone, the vessel shall:
    (i) if the seabird(s) is/are an albatross (all species) or giant 
petrel (both species) the vessel shall immediately deploy external 
weights on unweighted longlines (but not on integrated weight 
longlines) at such a rate as to achieve a 0.3 m/s line sink rate 
([tilde]5 kg per 50 m) until such time that the seabird(s) leaves the 
prescribed area; or, alternatively
    (ii) if the seabird(s) is not a species of albatross or giant 
petrel, the vessel may continue the trial until such time as the 
seabird catch limits, for species other than in (i) above, prescribed 
in Annex 24-03/A are reached.
    7. If either the second streamer line described in paragraph 2 
above, or the gas cannon described in paragraph 6 above are not able to 
be operated, the trials shall cease immediately until such time as they 
are able to be deployed again.
    8. If any one of the seabird by-catch limits in Annex 24-03/A is 
reached, the vessel shall revert to fishing under the requirements of 
Conservation Measure 41-09, Conservation Measure 41-10, Conservation 
Measure 25-02 and Conservation Measure 24-02.
    The by-catch limits for seabirds caught\10\ during these trials 
are:
---------------------------------------------------------------------------

    \10\ Subject to a license being issued by the Flag StateANNEX 
24-03/A

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

[[Page 70562]]

    (i) 50 Antarctic petrels; and/or
    (ii) 20 individuals of all other non-albatross or non-giant petrel 
species; and/or
    (iii) any one of either of the giant petrel species or any one of 
any albatross species.

CONSERVATION MEASURE 25-02 (2003)\11,12\

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

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

    \11\ Except for waters adjacent to the Kerguelen and Crozet 
Islands
    \12\ Except for waters adjacent to the Prince Edward Islands
---------------------------------------------------------------------------

    Noting the need to reduce the incidental mortality of seabirds 
during longline fishing by minimizing their attraction to fishing 
vessels and by preventing them from attempting to seize baited hooks, 
particularly during the period when the lines are set, and Recognizing 
that in certain subareas and divisions of the Convention Area there is 
also a high risk that seabirds will be caught during line hauling,
    Adopts the following measures to reduce the possibility of 
incidental mortality of seabirds during longline fishing.
    1. Fishing operations shall be conducted in such a way that 
hooklines\13\ sink beyond the reach of seabirds as soon as possible 
after they are put in the water.
---------------------------------------------------------------------------

    \13\ Hookline is defined as the groundline or mainline to which 
the baited hooks are attached by snoods.
---------------------------------------------------------------------------

    2. Vessels using autoline systems should add weights to the 
hookline or use integrated weight hooklines while deploying longlines. 
Integrated weight (IW) longlines of a minimum of 50 g/m or attachment 
to non-IW longlines of 5 kg weights at 50 to 60 m intervals are 
recommended.
    3. Vessels using the Spanish method of longline fishing should 
release weights before line tension occurs; weights of at least 8.5 kg 
mass shall be used, spaced at intervals of no more than 40 m, or 
weights of at least 6 kg mass shall be used, spaced at intervals of no 
more than 20 m.
    4. Longlines shall be set at night only (i.e. during the hours of 
darkness between the times of nautical twilight14,15. During 
longline fishing at night, only the minimum ship's lights necessary for 
safety shall be used.
---------------------------------------------------------------------------

    \14\ The exact times of nautical twilight are set forth in the 
Nautical Almanac tables for the relevant latitude, local time and 
date. A copy of the algorithm for calculating these times is 
available from the Secretariat. All times, whether for ship 
operations or observer reporting, shall be referenced to GMT.
    \15\ Wherever possible, setting of lines should be completed at 
least three hours before sunrise (to reduce loss of bait to/catches 
of white-chinned petrels).
---------------------------------------------------------------------------

    5. The dumping of offal is prohibited while longlines are being 
set. The dumping of offal during the haul shall be avoided. Any such 
discharge shall take place only on the opposite side of the vessel to 
that where longlines are hauled. For vessels or fisheries where there 
is not a requirement to retain offal on board the vessel, a system 
shall be implemented to remove fish hooks from offal and fish heads 
prior to discharge.
    6. Vessels which are so configured that they lack on-board 
processing facilities or adequate capacity to retain offal on board, or 
the ability to discharge offal on the opposite side of the vessel to 
that where longlines are hauled, shall not be authorized to fish in the 
Convention Area.
    7. A streamer line shall be deployed during longline setting to 
deter birds from approaching the hookline. Specifications of the 
streamer line and its method of deployment are given in the appendix to 
this measure.
    8. A device designed to discourage birds from accessing baits 
during the haul of longlines shall be employed in those areas defined 
by CCAMLR as average-to-high or high (Level of Risk 4 or 5) in terms of 
risk of seabird by-catch. These areas are currently Subareas 48.3, 58.6 
and 58.7 and Divisions 58.5.1 and 58.5.2.
    9. Every effort should be made to ensure that birds captured alive 
during longlining are released alive and that wherever possible hooks 
are removed without jeopardizing the life of the bird concerned.

APPENDIX TO CONSERVATION MEASURE 25-02

    1. The aerial extent of the streamer line, which is the part of the 
line supporting the streamers, is the effective seabird deterrent 
component of a streamer line. Vessels are encouraged to optimize the 
aerial extent and ensure that it protects the hookline as far eastern 
of the vessel as possible, even in crosswinds.
    2. The streamer line shall be attached to the vessel such that it 
is suspended from a point a minimum of 7 m above the water at the stern 
on the windward side of the point where the hookline enters the water.
    3. The streamer line shall be a minimum of 150 m in length and 
include an object towed at the seaward end to create tension to 
maximize aerial coverage. The object towed should be maintained 
directly behind the attachment point to the vessel such that in 
crosswinds the aerial extent of the streamer line is over the hookline.
    4. Branched streamers, each comprising two strands of a minimum of 
3 mm diameter brightly colored plastic tubing6 or cord, shall be 
attached no more than 5 m apart commencing 5 m from the point of 
attachment of the streamer line to the vessel and thereafter along the 
aerial extent of the line. Streamer length shall range between minimums 
of 6.5 m from the stern to 1 m for the seaward end. When a streamer 
line is fully deployed, the branched streamers should reach the sea 
surface in the absence of wind and swell. Swivels or a similar device 
should be placed in the streamer line insuch a way as to prevent 
streamers being twisted around the streamer line. Each branched 
streamer may also have a swivel or other device at its attachment point 
to the streamer line to prevent fouling of individual streamers.
    5. Vessels are encouraged to deploy a second streamer line such 
that streamer lines are towed from the point of attachment each side of 
the hookline. The leeward streamer line should be of similar 
specifications (in order to avoid entanglement the leeward streamer 
line may need to be shorter) and deployed from the leeward side of the 
hookline.

CONSERVATION MEASURE 25-03 (2003)\16\

Minimization of the Incidental Mortality of Seabirds and Marine Mammals 
in the Course of Trawl Fishing in the Convention Area
---------------------------------------------------------------------------

    \16\ Except for waters adjacent to the Kerguelen and Crozet 
Islands
---------------------------------------------------------------------------

    The Commission,
    Noting the need to reduce the incidental mortality of or injury to 
seabirds and marine mammals from fishing operations,
    Adopts the following measures to reduce the incidental mortality of 
or injury to seabirds and marine mammals during trawl fishing.
    1. The use of net monitor cables on vessels in the CCAMLR 
Convention Area is prohibited.
    2. Vessels operating within the Convention Area should at all times 
arrange the location and level of lighting so as to minimize 
illumination directed out from the vessel, consistent with the safe 
operation of the vessel.
    3. The discharge of offal shall be prohibited during the shooting 
and hauling of trawl gear.
    4. Nets should be cleaned prior to shooting to remove items that 
might attract birds.

[[Page 70563]]

    5. Vessels should adopt shooting and hauling procedures that 
minimize the time that the net is lying on the surface of the water 
with the meshes slack. Net maintenance should, to the extent possible, 
not be carried out with the net in the water.
    6. Vessels should be encouraged to develop gear configurations that 
will minimize the chance of birds encountering the parts of the net to 
which they are most vulnerable. This could include increasing the 
weighting or decreasing the buoyancy of the net so that it sinks 
faster, or placing colored streamers or other devices over particular 
areas of the net where the mesh sizes create a particular danger to 
birds.

CONSERVATION MEASURE 32-09 (2003)

    Prohibition of Directed Fishing for Dissostichus spp. Except in 
accordance with Specific Conservation Measures in the 2003/04 SeasonThe 
Commission hereby adopts the following conservation measure in 
accordance with Article IX of the Convention:
    Directed fishing for Dissostichus spp. in Statistical Subarea 48.5 
is prohibited from 1 December 2003 to 30 November 2004.

CONSERVATION MEASURE 32-13 (2003)

    Prohibition of Directed Fishing for Dissostichus eleginoidesin 
Statistical Division 58.5.1 outside Areas of National 
JurisdictionTaking of Dissostichus eleginoides, other than for 
scientific research purposes in accordance with Conservation Measure 
24-01, is prohibited in Statistical Division 58.5.1 outside areas of 
national jurisdiction from 1 December 2003. This prohibition shall 
apply until at least such time that a survey of the Dissostichus 
eleginoides stock in this division 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 32-14 (2003)

Prohibition of Directed Fishing for Dissostichus eleginoides in 
Statistical Division 58.5.2 East of 79[deg]20'E and outside the EEZ to 
the West of 79[deg]20'E

    Taking of Dissostichus eleginoides, other than for scientific 
research purposes in accordance with Conservation Measure 24-01, is 
prohibited in Statistical Division 58.5.2 east of 79[deg]20'E and 
outside the EEZ to the west of 79[deg]20'E from 1 December 2003. This 
prohibition shall apply until at least such time that a survey of the 
Dissostichus eleginoides stock in this division 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 32-15 (2003)

Prohibition of Directed Fishing for Dissostichus spp. in Statistical 
Subarea 88.2 North of 65[deg] South

    Taking of Dissostichus spp., other than for scientific research 
purposes in accordance with Conservation Measure 24-01, is prohibited 
in Statistical Subarea 88.2 north of 65[deg] South from 1 December 
2003. This prohibition shall apply until at least such time that a 
survey of the Dissostichus spp. stock in this subarea is carried out, 
its results reported to and analyzed by the Working Group on Fish Stock 
Assessment (WG-FSA) and a decision that the fishery be reopened is made 
by the Commission based on the advice of the Scientific Committee.

CONSERVATION MEASURE 32-16 (2003)

Prohibition of Directed Fishing for Dissostichus spp. in Statistical 
Subarea 88.3

    Taking of Dissostichus spp., other than for scientific research 
purposes in accordance with Conservation Measure 24-01, is prohibited 
in Statistical Subarea 88.3 from 1 December 2003. This prohibition 
shall apply until at least such time that a survey of the Dissostichus 
spp. stock in this subarea is carried out, its results reported to and 
analyzed by the Working Group on Fish Stock Assessment (WG-FSA) and a 
decision that the fishery be reopened is made by the Commission based 
on the advice of the Scientific Committee.

CONSERVATION MEASURE 32-17 (2003)

Prohibition of Directed Fishing for Electrona carlsbergi in Statistical 
Subarea 48.3

    Taking of Electrona carlsbergi, other than for scientific research 
purposes in accordance with Conservation Measure 24-01, is prohibited 
in Statistical Subarea 48.3 from 1 December 2003. This prohibition 
shall apply until at least such time that a survey of the Electrona 
carlsbergi stock in this subarea is carried out, its results reported 
to and analyzed by the Working Group on Fish Stock Assessment (WG-FSA) 
and a decision that the fishery be reopened is made by the Commission 
based on the advice of the Scientific Committee; or a research plan for 
an exploratory fishery is submitted and approved by the Scientific 
Committee consistent with Conservation Measure 24-01.

CONSERVATION MEASURE 33-02 (2003)

Limitation of By-catch in Statistical Division 58.5.2 in the 2003/04 
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 2003/04 fishing season.
    2. In directed fisheries in Statistical Division 58.5.2 in the 
2003/04 season, the by-catch of Channichthys rhinoceratus shall not 
exceed 150 tons, the by-catch of Lepidonotothen squamifrons shall not 
exceed 80 tons, the by-catch of Macrourus spp. shall not exceed 360 
tons and the by-catch of skates and rays shall not exceed 120 tons. For 
the purposes of this measure, 'Macrourus spp.' and 'skates and rays' 
should each be counted as a single species.
    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 Channichthys rhinoceratus, Lepidonotothen squamifrons, 
Macrourus spp. or skates and rays 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\17\ of the location where the by-catch 
exceeded 2 tons for a period of at least five days\18\. 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.
---------------------------------------------------------------------------

    \17\This provision concerning the minimum distance separating 
fishing locations is adopted pending the adoption of a more 
appropriate definition of a fishing location by the Commission.
    \18\The specified period is adopted in accordance with the 
reporting period specified in Conservation Measure 23-01, pending 
the adoption of a more appropriate period by the Commission.
---------------------------------------------------------------------------

    5. If, in the course of a directed fishery, the by-catch in any one 
haul of any other by-catch species for which by-catch limitations apply 
under this conservation measure is equal to, or

[[Page 70564]]

greater than 1 ton, then the fishing vessel shall not fish using that 
method of fishing at any point within 5 n miles\19\ of the location 
where the by-catch exceeded 1 ton for a period of at least five 
days\20\. The location where the by-catch exceeded 1 ton 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.
---------------------------------------------------------------------------

    \19\ Except for waters adjacent to the Kerguelen and Crozet 
Islands
    \20\ The specified period is adopted in accordance with the 
reporting period specified in Conservation Measure 23-01, pending 
the adoption of a more appropriate period by the Commission
---------------------------------------------------------------------------

CONSERVATION MEASURE 33-03 (2003)\21\

Limitation of By-catch in New and Exploratory Fisheries in the 2003/04 
Season

    1. This conservation measure applies to new and exploratory 
fisheries in all areas containing small-scale research units (SSRUs) in 
the 2003/04 season except where specific by-catch conservation measures 
apply.
---------------------------------------------------------------------------

    \21\ Except for waters adjacent to the Kerguelen and Crozet 
Islands
---------------------------------------------------------------------------

    2. The catch limits for all by-catch species are set out in Annex 
33-03/A. Within these catch limits, the total catch of by-catch species 
in any SSRU shall not exceed the following limits:
    [sbull]skates and rays 5% of the catch limit of Dissostichus spp. 
or 50 tons whichever is greater;
    [sbull]Macrourus spp 16% of the catch limit for Dissostichus spp. 
or 20 tons, whichever is greater;
    [sbull]all other species combined 20 tons.
    3. For the purposes of this measure 'Macrourus spp.' and 'skates 
and rays' should each be counted as a single species.
    4. If the by-catch of any one species is equal to or greater than 1 
ton in any one haul or set, then the fishing vessel shall move to 
another location at least 5 n miles\22\ distant. The fishing vessel 
shall not return to any point within 5 n miles of the location where 
the by-catch exceeded 1 ton for a period of at least five days\23\. The 
location where the by-catch exceeded 1 ton 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.
---------------------------------------------------------------------------

    \22\ This provision concerning the minimum distance separating 
fishing locations is adopted pending the adoption of a more 
appropriate definition of a fishing location by the Commission.
    \23\ The specified period is adopted in accordance with the 
reporting period specified in Conservation Measure 23-01, pending 
the adoption of a more appropriate period by the Commission.
---------------------------------------------------------------------------

CONSERVATION MEASURE 41-01 (2003) 24,25

General Measures for Exploratory Fisheries for Dissostichus spp. in the 
Convention Area in the 2003/04 Season

    The Commission hereby adopts the following conservation measure:
---------------------------------------------------------------------------

    \24\ Except for waters adjacent to the Kerguelen and Crozet 
Islands
    \25\ Except for waters adjacent to the Prince Edward Islands
---------------------------------------------------------------------------

    1. This conservation measure applies to exploratory fisheries using 
the trawl or longline methods except for such fisheries where the 
Commission has given specific exemptions to the extent of those 
exemptions. In trawl fisheries, a haul comprises a single deployment of 
the trawl net. In longline fisheries, a haul comprises the setting of 
one or more lines in a single location.
    2. 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 small-scale research unit 
(SSRU) shall cease when the reported catch reaches the specified catch 
limit \26\ and that SSRU shall be closed to fishing for the remainder 
of the season.
---------------------------------------------------------------------------

    \26\ Unless otherwise specified, the catch limit for 
Dissostichus spp. shall be 100 tons in any SSRU except in respect of 
Subarea 88.2.
---------------------------------------------------------------------------

    3. In order to give effect to paragraph 2 above:
    (i) the precise geographic position of a haul in trawl fisheries 
will be determined by the mid-point of the path between the start-point 
and end-point of the haul for the purposes of catch and effort 
reporting;
    (ii) the precise geographic position of a haul/set in longline 
fisheries will be determined by the center-point of the line or lines 
deployed for the purposes of catch and effort reporting;
    (iii) the vessel will be deemed to be fishing in any SSRU from the 
beginning of the setting process until the completion of the hauling of 
all lines;
    (iv) catch and effort information for each species by SSRU shall be 
reported to the Executive Secretary every five days using the Five-Day 
Catch and Effort Reporting System set out in Conservation Measure 23-
01;
    (v) the Secretariat shall notify Contracting Parties participating 
in these fisheries when the total catch for Dissostichus eleginoides 
and Dissostichus mawsoni combined in any SSRU is likely to reach the 
specified catch limit, and of the closure of that SSRU when that limit 
is reached. Upon such notification from the Secretariat, all fishing 
gear shall be hauled immediately. No part of a trawl path may lie 
within a closed SSRU and no part of a longline may be set within a 
closed SSRU.
    4. The by-catch in each exploratory fishery shall be regulated as 
in Conservation Measure 33-03.
    5. The total number and weight of Dissostichus eleginoides and 
Dissostichus mawsoni discarded, including those with the `jellymeat' 
condition, shall be reported.
    6. Each vessel participating in the exploratory fisheries for 
Dissostichus spp. during the 2003/04 season shall have one scientific 
observer appointed in accordance with the CCAMLR Scheme of 
International Scientific Observation, and where possible one additional 
scientific observer, on board throughout all fishing activities within 
the fishing season.
    7. The Data Collection Plan (Annex 41-01/A), Research Plan (Annex 
41-01/B) and Tagging Program (Annex 41-01/C) shall be implemented. Data 
collected pursuant to the Data Collection and Research Plans for the 
period up to 31 August 2004 shall be reported to CCAMLR by 30 September 
2004 so that the data will be available to the meeting of the Working 
Group on Fish Stock Assessment (WG-FSA) in 2004. Such data taken after 
31 August shall be reported to CCAMLR not later than three months after 
the closure of the fishery, but, where possible, submitted in time for 
theconsideration of WG-FSA.
    8. Members who choose not to participate in the fishery prior to 
the commencement of the fishery shall inform the Secretariat of changes 
in their plans no later than one 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 one week after 
finding that they cannot participate. The Secretariat will inform all 
Contracting Parties immediately after such notification is received.

ANNEX 41-01/A

DATA COLLECTION PLAN FOR EXPLORATORY FISHERIES

    1. All vessels will comply with the Five-day Catch and Effort 
Reporting System (Conservation Measure 23-01) and Monthly Fine-scale 
Catch, Effort and Biological Data Reporting Systems (Conservation 
Measures 23-04 and 23-05).
    2. All data required by the CCAMLR Scientific Observers Manual for 
finfish

[[Page 70565]]

fisheries will be collected. These include:
    (i) position, date and depth at the start and end of every haul;
    (ii) haul-by-haul catch and catch per effort by species;
    (iii) haul-by-haul length frequency of common species;
    (iv) sex and gonad state of common species;
    (v) diet and stomach fullness;
    (vi) scales and/or otoliths for age determination;
    (vii) number and mass by species of by-catch of fish and other 
organisms;
    (viii) 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) position and sea depth at each end of every line in a haul;
    (ii) setting, soak, and hauling times;
    (iii) number and species of fish lost at surface;
    (iv) number of hooks set;
    (v) bait type;
    (vi) baiting success (%);
    (vii) hook type;
    (viii) sea and cloud conditions and phase of the moon at the time 
of setting the lines.

ANNEX 41-01/B

RESEARCH PLAN FOR EXPLORATORY FISHERIES

    1. Activities under this research plan shall not be exempted from 
any conservation measure in force.
    2. This plan applies to all small-scale research units (SSRUs) as 
defined in Table 1 and Figure 1.
    3. Any vessel undertaking prospecting or commercial fishing in any 
SSRU must undertake the following research activities:
    (i) On first entry into a SSRU, the first 10 hauls, designated 
'first series', whether by trawl or longline, shall be designated 
'research hauls' and must satisfy the criteria set out in paragraph 4.
    (ii) The next 10 hauls, or 10 tons of catch for longlining, 
whichever trigger level is achieved first, or 10 tons of catch for 
trawling, are designated the 'second series'. Hauls in the second 
series can, at the discretion of the master, be fished as part of 
normal exploratory fishing. However, provided they satisfy the 
requirements of paragraph 4, these hauls can also be designated as 
research hauls.
    (iii) On completion of the first and second series of hauls, if the 
master wishes to continue to fish within the SSRU, the vessel must 
undertake a 'third series' which will result in a total of 20 research 
hauls being made in all three series. The third series of hauls shall 
be completed during the same visit as the first and second series in a 
SSRU.
    (iv) On completion of 20 research hauls the vessel may continue to 
fish within the SSRU.
    (v) In SSRUs A, B, C, E, and G in Statistical Subarea 88.1 where 
fishable seabed area is less that 15 000km2, paragraphs 3(ii), 3(iii) 
and 3(iv) do not apply and on completion of 10 research hauls the 
vessel may continue to fish within the SSRU.
    4. To be designated as a research haul:
    (i) each research haul must be separated by not less than 5 n miles 
from any other research haul, distance to be measured from the 
geographical mid-point of each research haul;
    (ii) each haul shall comprise: for longlines, at least 3 500 hooks 
and no more than 10 000 hooks; this may comprise a number of separate 
lines set in the same location; for trawls, at least 30 minutes 
effective fishing time as defined in the Draft Manual for Bottom Trawl 
Surveys in the Convention Area (SC-CAMLR-XI),

Annex 5, Appendix H, Attachment E, paragraph 4);

    (iii) each haul of a longline shall have a soak time of not less 
than six hours, measured from the time of completion of the setting 
process to the beginning of the hauling process.
    5. All data specified in the Data Collection Plan (Annex 41-01/A) 
of this conservation measure shall be collected for every research 
haul; in particular, all fish in a research haul up to 100 fish are to 
be measured and at least 30 fish sampled for biological studies 
(paragraphs 2(iv) to 2(vi) of Annex 41-01/A)). Where more than 100 fish 
are caught, amethod for randomly subsampling the fish should be 
applied.

ANNEX 41-01/C

TAGGING PROGRAM FOR EXPLORATORY FISHERIES

    (i) Each longline vessel participating in exploratory fisheries for 
Dissostichus spp. shall tag and release \27\Dissostichus spp. at a rate 
of one toothfish per ton of green weight catch throughout the season. 
Vessels shall only discontinue tagging after they have tagged 500 
toothfish, or leave the fishery having tagged one toothfish per ton of 
green weight caught.
---------------------------------------------------------------------------

    \27\ In accordance with the CCAMLR Tagging Protocol for 
exploratory fisheries which is available from theSecretariat.
---------------------------------------------------------------------------

    (ii) The program should target small toothfish under 100 cm in 
total length, although larger toothfish should be tagged if necessary 
in order to meet the tagging requirement of one toothfish per ton of 
green weight catch. All released toothfish should be double-tagged and 
releases should cover as broad a geographical area as possible.
    (iii) All tags shall be clearly imprinted with a unique serial 
number and a return address so that the origin of tags can be traced in 
the case of recapture of the tagged toothfish. All relevant tag data 
and any tag recaptures of toothfish in the fishery shall be reported 
electronically to the CCAMLR Data Manager within two months of the 
vessel departing these fisheries.

CONSERVATION MEASURE 41-02 (2003)

Limits on the Fishery for Dissostichus eleginoides in Statistical 
Subarea 48.3 in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 31-01:
    Access 1. The fishery for Dissostichus eleginoides in Statistical 
Subarea 48.3 shall be conducted by vessels using longlines and pots 
only.Catch limit 2. The total catch of Dissostichus eleginoides in 
Statistical Subarea 48.3 in the 2003/04 season shall be limited to 4 
420 tons.Season 3. For the purpose of the longline fishery for 
Dissostichus eleginoides in Statistical Subarea 48.3, the 2003/04 
season is defined as the period from 1 May to 31 August 2004, or until 
the catch limit is reached, whichever is sooner. For the purpose of the 
pot fishery for Dissostichus eleginoides in Statistical Subarea 48.3, 
the 2003/04 season is defined as the period from 1 December 2003 to 30 
November 2004, or until the catch limit is reached, whichever is 
sooner. The season for longline fishing operations may be extended to 
14 September 2004 for any vessel which has demonstrated full compliance 
with Conservation Measure 25-02 in the 2002/03 season. This extension 
to the season will also be subject to a catch limit of three (3) 
seabirds per vessel. If three seabirds are caught during the season 
extension, fishing shall cease immediately for that vessel. By-catch 4. 
The by-catch of crab shall be counted against the catch limit in the 
crab fishery in Statistical Subarea 48.3.
    5. The by-catch of finfish in the fishery for Dissostichus 
eleginoides in Statistical Subarea 48.3 in the 2003/04 season shall not 
exceed 221 tons for skates and rays and 221 tons for Macrourus spp. For 
the purpose of these

[[Page 70566]]

by-catch limits, skates and rays shall be counted as a single species.
    6. If the by-catch of any one species is equal to or greater than 1 
ton in any one haul or set, then the fishing vessel shall move to 
another location at least 5 n miles1 distant. The fishing vessel shall 
not return to any point within 5 n miles of the location where the by-
catch exceeded 1 ton for a period of at least five days2. The location 
where the by-catch exceeded 1 ton 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.Mitigation 7. The operation of this 
fishery shall be carried out in accordance with Conservation Measure 
25-02 so as to minimize the incidental mortality of seabirds in the 
course of fishing. Observers 8. Each vessel participating in this 
fishery shall have at least one scientificobserver appointed in 
accordance with the CCAMLR Scheme of International Scientific 
Observation, and where possible one additional scientific observer, on 
board throughout all fishing activities within the fishing period.Data: 
catch/effort
    9. For the purpose of implementing this conservation measure in the 
2003/04 season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    10. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissostichus eleginoides and by-catch species are 
defined as any species other than Dissostichus eleginoides.
    11. 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.
    Data:
    biological
    12. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.

CONSERVATION MEASURE 41-04 (2003)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Subarea 48.6 in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 21-02:
    Access 1. Fishing for Dissostichus spp. in Statistical Subarea 48.6 
shall be limited to the exploratory longline fishery by Argentina, 
Japan, Namibia, New Zealand, Spain and South Africa. The fishery shall 
be conducted by Argentine, Japanese, Namibian, New Zealand, Spanish and 
South African flagged vessels using longlines only. No more than one 
vessel per country shall fish at any one time.
    Catch limit 2. The total catch of Dissostichus spp. in Statistical 
Subarea 48.6 in the 2003/04 season shall not exceed a precautionary 
catch limit of 455 tons north of 60[deg]S and 455 tons south of 
60[deg]S.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Subarea 48.6, the 2003/04 season is 
defined as the period from 1 March to 31 August 2004 north of 60[deg]S 
and the period from 15 February to 15 October 2004 south of 60[deg]S. 
In the event that either limit is reached, the relevant fishery shall 
be closed.By-catch 4. The by-catch in this fishery shall be regulated 
as set out in Conservation Measure 33-03.
    Mitigation 5. The exploratory longline fishery for Dissostichus 
spp. in Statistical Subarea 48.6 shall be carried out in accordance 
with the provisions of Conservation Measure 25-02, except paragraph 3 
(night setting). Prior to entry into force of the license and prior to 
entering the Convention Area, each vessel shall demonstrate its 
capacity to comply with experimental line-weighting trials as approved 
by the Scientific Committee and described in Conservation Measure 24-02 
and such data shall be reported to the Secretariat immediately.
    6. Longlines may be set during daylight hours only if the vessels 
are demonstrating a consistent minimum line sink rate of 0.3 m/s. Any 
vessel catching a total of three (3) seabirds shall immediately revert 
to night setting in accordance with Conservation Measure 25-02.
    7. There shall be no offal discharge in this fishery.Observers 8. 
Each vessel participating in the fishery shall have at least two 
scientific observers, one of whom shall be an observer appointed in 
accordance with the CCAMLR Scheme of International Scientific 
Observation, on board throughout all fishing activities within the 
fishing period.
    Data:
    catch/effort
    9. For the purpose of implementing this conservation measure in the 
2003/04
    season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out
    in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    10. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissostichus spp. and by-catch species are defined as 
any species other than Dissostichus spp.
    Data:
    biological
    11. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.

Research

    12. Each vessel participating in this exploratory fishery shall 
conduct fishery-based research in accordance with the Research Plan and 
Tagging Program described in Conservation Measure 41-01, Annex B and 
Annex C respectively.

CONSERVATION MEASURE 41-05 (2003)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Division 58.4.2 in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 21-02, and notes that this measure 
would be for one year and that data arising from these activities would 
be reviewed by the Scientific Committee in 2004:
    Access 1. Fishing for Dissostichus spp. in Statistical Division 
58.4.2 shall be limited to the exploratory longline fishery by 
Argentina, Australia, Ukraine, Russia and the USA. The fishery shall be 
conducted by Argentine, Australian, Ukrainian, Russian and US flagged 
vessels using longlines only.Catch limit 2. The total catch of 
Dissostichus spp. in Statistical Division 58.4.2 in the 2003/04 season 
shall not exceed a precautionary catch limit of 500 tons, of which no 
more 100 tons shall be taken in any one of the five small-scale 
research units (SSRUs) defined in Conservation Measure 41-01, Annex B 
for Division 58.4.2.

[[Page 70567]]

    3. In order to distribute effort throughout the division, to ensure 
that sufficient data are collected from toothfish populations in 
various areas, and also to afford some protection to the benthic 
communities, either the eastern or western half (5[deg] of longitude) 
of each SSRU in which fishing takes place will be defined as 'open' at 
the discretion of a 'designating vessel's' master according to the 
actions specified below. The other half of the SSRU shall remain closed 
to fishing.
    4. On entry to an SSRU a vessel must:
    (i) notify the Secretariat that is has entered that SSRU with an 
intention to fish before exiting;
    (ii) seek notification from the Secretariat of which half of the 
SSRU is
    open or that the SSRU remains to be designated according to the 
steps below;
    (iii) determine from the Secretariat whether it is the first vessel 
to enter that SSRU and therefore establishes a 'designating vessel 
right' to determine which half of the SSRU will be open;
    (iv) should the vessel be the 'designating vessel' in that SSRU 
then
    (a) it should choose which half is to be open;
    (b) immediately notify the Secretariat of its choice prior to its 
first line being set;
    (v) if a 'designating vessel' for an SSRU exits that SSRU without 
fishing then it should notify immediately the Secretariat and forfeit 
the right as a 'designating vessel' for that SSRU;
    (vi) if the vessel is not the 'designating vessel' then it must not 
fish until the 'designating vessel' has selected the half of the SSRU 
to be opened. Season 5. For the purpose of the exploratory longline 
fishery for Dissostichus spp. in Statistical Division 58.4.2, the 2003/
04 season is defined as the period from 1 December 2003 to 30 November 
2004.

Fishing operations

    6. The exploratory longline fishery for Dissostichus spp. in 
Division 58.4.2 shall be carried out in accordance with the provisions 
of Conservation Measure 41-01, except paragraph 6.
    7. Fishing will be prohibited in depths less than 550 m in order to 
protect benthic communities. By-catch 8. The by-catch in this fishery 
shall be regulated as set out in Conservation Measure 33-03.
    Mitigation 9. The exploratory longline fishery for Dissostichus 
spp. in Statistical Division 58.4.2 shall be carried out in accordance 
with the provisions of Conservation Measure 25-02, except paragraph 3 
(night setting) shall not apply. Prior to entry into force of the 
license and prior to entering the Convention Area, each vessel shall 
demonstrate its capacity to comply with experimental line-weighting 
trials as approved by the Scientific Committee and described in 
Conservation Measure 24-02 and such data shall be reported to the 
Secretariat immediately.
    10. In Statistical Division 58.4.2, longlines may be set during 
daylight hours only if the vessel demonstrates a consistent minimum 
line sink rate of 0.3 m/s in accordance with Conservation Measure 24-
02. Should a total of three (3) seabirds be caught, the vessel shall 
immediately revert to night setting in accordance with Conservation 
Measure 25-02.
    11. There shall be no offal discharge in this fishery.Observers 12. 
Each vessel participating in the fishery shall have at least two 
scientific observers, one of whom shall be an observer appointed in 
accordance with the CCAMLR Scheme of International Scientific 
Observation, on board throughout all fishing activities within the 
fishing period.Research 13. Each vessel participating in this 
exploratory fishery shall conduct fishery-based research in accordance 
with the Research Plan and Tagging Program described in Conservation 
Measure 41-01, Annex B and Annex C respectively.
    Data:
    catch/effort
    14. For the purpose of implementing this conservation measure in 
the 2003/04 season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    15. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissostichus spp. and by-catch species are defined as 
any species other than Dissostichus spp.
    Data:
    biological
    16. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.

CONSERVATION MEASURE 41-06 (2003)

Limits on the Exploratory Fishery for Dissostichus spp. on Elan Bank 
(Statistical Division 58.4.3a) outside Areas of National Jurisdiction 
in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 21-02:
    Access 1. Fishing for Dissostichus spp. on Elan Bank (Statistical 
Division 58.4.3a) outside areas of national jurisdiction shall be 
limited to the exploratory fishery by Argentina, Australia, Ukraine, 
Russia and the USA. The fishery shall be conducted by Argentine, 
Australian, Ukrainian, Russian and US flagged vessels using longlines 
only and one Australian flagged vessel using trawl only. No more than 
one vessel per country shall fish at any one time.Catch limit 2. The 
total catch of Dissostichus spp. on Elan Bank (StatisticalDivision 
58.4.3a) outside areas of national jurisdiction in the 2003/04 season 
shall not exceed a precautionary catch limit of 250 tons.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. on Elan Bank (Statistical Division 58.4.3a) outside 
areas of national jurisdiction, the 2003/04 season is defined as the 
period from 1 May to 31 August 2004, or until the catch limit is 
reached, whichever is sooner.
    4. For the purpose of the trawl fishery for Dissostichus spp. on 
Elan Bank(Statistical Division 58.4.3a) outside areas of national 
jurisdiction, the 2003/04 season is defined as the period from 1 
December 2003 to 30 November 2004, or until the catch limit is reached, 
whichever is sooner.By-catch 5. The by-catch in this fishery shall be 
regulated as set out in Conservation Measure 33-03.
    Mitigation 6. The operation of this fishery shall be carried out in 
accordance with Conservation Measure 25-02 so as to minimize the 
incidental mortality of seabirds in the course of fishing.
    7. The fishery on Elan Bank (Statistical Division 58.4.3a) outside 
areas ofnational jurisdiction, may take place outside the prescribed 
season (paragraph 3) provided that, prior to entry into force of the 
license and prior to entering the Convention Area, each vessel shall 
demonstrate its capacity to comply with experimental line-weighting 
trials as approved by the Scientific Committee and described in 
Conservation Measure 24-02 and such data shall be reported to the 
Secretariat immediately.
    8. Should a total of three (3) seabirds be caught by a vessel 
outside the normal season (defined in paragraph 3), the vessel shall 
cease fishing immediately and shall not be permitted to fish outside 
the normal fishing season for the remainder of the 2003/04 fishing 
season.Observers 9. Each vessel participating in this fishery shall 
have at

[[Page 70568]]

least one scientific observer appointed in accordance with the CCAMLR 
Scheme of International Scientific Observation, and where possible one 
additional scientific observer, on board throughout all fishing 
activities within the fishing period.
    Data:
    catch/effort
    10. For the purpose of implementing this conservation measure in 
the 2003/04 season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    11. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissostichus spp. and by-catch species are defined as 
any species other than Dissostichus spp.
    Data:
    biological
    12. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.

Research

    13. Each vessel participating in this exploratory fishery shall 
conduct fishery based research in accordance with the Research Plan and 
Tagging Program described in Conservation Measure 41-01, Annex B and 
Annex C respectively.

CONSERVATION MEASURE 41-07 (2003)

Limits on the Exploratory Fishery for Dissostichus spp. On BANZARE Bank 
(Statistical Division 58.4.3b) outside Areas of National Jurisdiction 
in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 21-02:
    Access 1. Fishing for Dissostichus spp. on BANZARE Bank 
(Statistical Division 58.4.3b) outside areas of national jurisdiction 
shall be limited to the exploratory fishery by Argentina, Australia, 
Ukraine, Russia and the USA. The fishery shall be conducted by 
Argentine, Australian, Ukrainian, Russian and US flagged vessels using 
longlines only and one Australian flagged vessel using trawl only. No 
more than one vessel per country shall fish at any one time.
    Catch limit 2. The total catch of Dissostichus spp. on BANZARE Bank 
(Statistical Division 58.4.3b) outside areas of national jurisdiction 
in the 2003/04 season shall not exceed a precautionary catch limit of 
300 tons.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. on BANZARE Bank (Statistical Division 58.4.3b) 
outside areas of national jurisdiction, the 2003/04 season is defined 
as the period from 1 May to 31 August 2004, or until the catch limit is 
reached, whichever is sooner.
    4. For the purpose of the trawl fishery for Dissostichus spp. on 
BANZARE Bank (Statistical Division 58.4.3b) outside areas of national 
jurisdiction, the 2003/04 season is defined as the period from 1 
December 2003 to 30 November 2004, or until the catch limit is reached, 
whichever is sooner.By-catch 5. The by-catch in this fishery shall be 
regulated as set out in Conservation Measure 33-03.
    Mitigation 6. The operation of this fishery shall be carried out in 
accordance with Conservation Measure 25-02 so as to minimize the 
incidental mortality of seabirds in the course of fishing.
    7. The fishery on BANZARE Bank (Statistical Division 58.4.3b) 
outside areas of national jurisdiction, may take place outside the 
prescribed season (paragraph 3) provided that, prior to entry into 
force of the license and prior to entering the Convention Area, each 
vessel shall demonstrate its capacity to comply with experimental line-
weighting trials as approved by the Scientific Committee and described 
in Conservation Measure 24-02 and such data shall be reported to the 
Secretariat immediately.
    8. Should a total of three (3) seabirds be caught by a vessel 
outside the normal season (defined in paragraph 3), the vessel shall 
cease fishing immediately and shall not be permitted to fish outside 
the normal fishing season for the remainder of the 2003/04 fishing 
season.
    Observers 8. Each vessel participating in this fishery shall have 
at least one scientific observer appointed in accordance with the 
CCAMLR Scheme of International Scientific Observation, and where 
possible one additional scientific observer, on board throughout all 
fishing activities within the fishing period.
    Data:
    catch/effort
    9. For the purpose of implementing this conservation measure in the 
2003/04
    season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    10. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissostichus spp. and by-catch species are defined as 
any species other than Dissostichus spp.
    Data:
    biological
    11. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.
    Research 12. Each vessel participating in this exploratory fishery 
shall conduct fishery based research in accordance with the Research 
Plan and Tagging Program described in Conservation Measure 41-01, Annex 
B and Annex C respectively.

CONSERVATION MEASURE 41-08 (2003)

Limits on the fishery for Dissostichus eleginoides in Statistical 
Division 58.5.2 in the 2003/04 Season

    Access 1. The fishery for Dissostichus eleginoides in Statistical 
Division 58.5.2 shall be conducted by vessels using trawls or longlines 
only.Catch limit 2. The total catch of Dissostichus eleginoides in 
Statistical Division 58.5.2 in the 2003/04 season shall be limited to 2 
873 tons west of 79[deg]20'E. Season 3. For the purpose of the trawl 
fishery for Dissostichus eleginoides in Statistical Division 58.5.2, 
the 2003/04 season is defined as the period from 1 December 2003 to 30 
November 2004, or until the catch limit is reached, whichever is 
sooner. For the purpose of the longline fishery for Dissostichus 
eleginoides in Statistical Division 58.5.2, the 2003/04 season is 
defined as the period from 1 May to 31 August 2004, or until the catch 
limit is reached, whichever is sooner. The season for longline fishing 
operations may be extended to 14 September 2004 for any vessel which 
has demonstrated full compliance with Conservation Measure 25-02 in the 
2002/03 season. This extension to the season will also be subject to a 
catch limit of three (3) seabirds per vessel. If three seabirds are 
caught during the season extension, fishing shall cease immediately for 
that vessel.By-catch 4. Fishing shall cease if the by-catch of any 
species reaches its by-catch limit as set out in Conservation Measure 
33-02.

[[Page 70569]]

    Mitigation 5. The operation of this fishery shall be carried out in 
accordance with Conservation Measures 25-02 and 25-03 so as to minimize 
the incidental mortality of seabirds in the course of fishing.
    Observers 6. Each vessel participating in this fishery shall have 
at least one scientific observer, and may include one appointed in 
accordance with the CCAMLR Scheme of International Scientific 
Observation, on board throughout all fishing activities within the 
fishing period.
    Data:
    catch/effort
    7. For the purpose of implementing this conservation measure in the 
2003/04 season, the following shall apply:
    (i) the Ten-day Catch and Effort Reporting System set out in Annex 
41-08/A;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Annex 41-08/A. Fine-scale data shall be submitted on a haul-by-
haul basis.
    8. For the purpose of Annex 41-08/A, the target species is 
Dissostichus eleginoides and by-catch species are defined as any 
species other than Dissostichus eleginoides.
    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.
    Data:
    biological
    10. Fine-scale biological data, as required under Annex 41-08/A, 
shall be collected and recorded. Such data shall be reported in 
accordance with the Scheme of International Scientific Observation.

ANNEX 41-08/A

DATA REPORTING SYSTEM

    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 
information on 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 Dissostichus eleginoides 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;
    (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.
    A fine-scale catch, effort and biological data reporting system 
shall be implemented:
    (i) the scientific observer(s) aboard each vessel shall collect the 
data required to complete the CCAMLR fine-scale catch and effort data 
form C1, latest version. These data shall be submitted to the CCAMLR 
Secretariat not later than one month after the vessel returns to port;
    (ii) the catch of Dissostichus eleginoides and 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 
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;
    (v) the above data shall be submitted to the CCAMLR Secretariat not 
later than one month after the vessel returns to port.

CONSERVATION MEASURE 41-09 (2003)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Subarea 88.1 in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 21-02:
    Access 1. Fishing for Dissostichus spp. in Statistical Subarea 88.1 
shall be limited to the exploratory longline fishery by Argentina, 
Japan, Republic of Korea, New Zealand, Norway, Russia, South Africa, 
Spain, Ukraine, UK, USA and Uruguay. The fishery shall be conducted by 
a maximum in the season of two (2) Argentine, one (1) Japanese, two (2) 
Korean, six (6) New Zealand, one (1) Norwegian, two (2) Russian, two 
(2) South African, two (2) Spanish, three (3) Ukrainian, one (1) UK, 
two (2) US and two (2) Uruguayan flagged vessels using longlines only.
    Catch limit 2. The total catch of Dissostichus spp. in Statistical 
Subarea 88.1 in the 2003/04 season shall not exceed a precautionary 
catch limit of 3 250 tons. Catch limits for each of the SSRUs, as 
defined in Conservation Measure 41-01, Annex B for Subarea 88.1, shall 
be as follows: A - 0 tons; B - 80 tons; C - 223 tons; D - 0 tons; E -57 
tons; F - 0 tons; G - 83 tons; H - 786 tons; I - 776 tons; J - 316 
tons; K - 749 tons; L - 180 tons.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp.in Statistical Subarea 88.1, the 2003/04 season is 
defined as the period from 1 December 2003 to 31 August 2004.

Fishing operations

    4. The exploratory longline fishery for Dissostichus spp. in 
Statistical Subarea 88.1 shall be carried out in accordance with the 
provisions of Conservation Measure 41-01, except paragraph 6.By-catch 
5. The by-catch in this fishery shall be regulated as set out in 
Conservation Measure 33-03.
    Mitigation 6. The exploratory longline fishery for Dissostichus 
spp. in Statistical Subarea 88.1 shall be carried out in accordance 
with the provisions of Conservation Measure 25-02, except paragraph 3 
(night setting) shall not apply. Prior to entry into force of the 
license and prior to entering the Convention Area, each vessel shall 
demonstrate its capacity to comply with experimental line-weighting 
trials as approved by the Scientific Committee and described in 
Conservation Measure 24-02 and such data shall be reported to the 
Secretariat immediately.
    7. In Statistical Subarea 88.1, longlines may be set during 
daylight hours only if the vessels are demonstrating a consistent 
minimum line sink rate of 0.3 m/s in accordance with Conservation 
Measure 24-02. Any vessel catching a total of three (3) seabirds shall 
immediately revert to night setting in accordance with Conservation 
Measure 25-02.

[[Page 70570]]

    8. There shall be no offal discharge in this fishery.
    Observers 9. Each vessel participating in the fishery shall have at 
least two scientific observers, one of whom shall be an observer 
appointed in accordance with the CCAMLR Scheme of International 
Scientific Observation, on board throughout all fishing activities 
within the fishing period.
    VMS 10. Each vessel participating in this exploratory longline 
fishery shall be required to operate a VMS at all times, in accordance 
with Conservation Measure 10-04.
    CDS 11. Each vessel participating in this exploratory longline 
fishery shall be required to participate in the Catch Documentation 
Scheme for Dissostichus spp., in accordance with Conservation Measure 
10-05.
    Research 12. Each vessel participating in this exploratory fishery 
shall conduct fishery-based research in accordance with the Research 
Plan and Tagging Program described in Conservation Measure 41-01, Annex 
B and Annex C respectively.
    Data:
    catch/effort
    13. For the purpose of implementing this conservation measure in 
the 2003/04
    season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    14. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissostichus spp. and by-catch species are defined as 
any species other than Dissostichus spp.
    Data:
    biological
    15. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation\28\.
---------------------------------------------------------------------------

    \28\ As notified to the Secretariat in accordance with 
Conservation Measure 21-02, paragraph 2(iv).
---------------------------------------------------------------------------

    Discharge 16. All vessels participating in this exploratory fishery 
shall be prohibited from discharging:
    (i) oil or fuel products or oily residues into the sea, except as 
permitted in Annex I of MARPOL 73/78;
    (ii) garbage;
    (iii) food wastes not capable of passing through a screen with 
openings no greater than 25 mm;
    (iv) poultry or parts (including egg shells); or
    (v) sewage within 12 n miles of land or ice shelves, or sewage 
while the ship is traveling at a speed of less than 4 knots.

Additional elements

    17. No live poultry or other living birds shall be brought into 
Statistical Subarea 88.1 and any dressed poultry not consumed shall be 
removed from Statistical Subarea 88.1.
    18. Fishing for Dissostichus spp. in Statistical Subarea 88.1 shall 
be prohibited within 10 n miles of the coast of the Balleny Islands.

CONSERVATION MEASURE 41-10 (2003)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Subarea 88.2 in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 21-02:
    Access 1. Fishing for Dissostichus spp. in Statistical Subarea 88.2 
shall be limited to the exploratory longline fishery by Argentina, 
Republic of Korea, New Zealand, Norway, Russia, South Africa and 
Ukraine. The fishery shall be conducted by a maximum in the season of 
two (2) Argentine, two (2) Korean, six (6) New Zealand, one (1) 
Norwegian, two (2) Russian, two (2) South African and three (3) 
Ukrainian flagged vessels using longlines only.Catch limit 2. The total 
catch of Dissostichus spp. in Statistical Subarea 88.2 south of 
65[deg]S in the 2003/04 season shall not exceed a precautionary catch 
limit of 375 tons.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Subarea 88.2, the 2003/04 season is 
defined as the period from 1 December 2003 to 31 August 2004.
    4. The exploratory longline fishery for Dissostichus spp. in 
Statistical Subarea 88.2 shall be carried out in accordance with the 
provisions of Conservation Measure 41-01, except paragraph 6.By-catch 
5. The by-catch in this fishery shall be regulated as set out in 
Conservation Measure 33-03.
    Mitigation 6. The exploratory longline fishery for Dissostichus 
spp. in Statistical Subarea 88.2 shall be carried out in accordance 
with the provisions of Conservation Measure 25-02, except paragraph 3 
(night setting) shall not apply. Prior to entry into force of the 
license and prior to entering the Convention Area, each vessel shall 
demonstrate its capacity to comply with experimental line-weighting 
trials as approved by the Scientific Committee and described in 
Conservation Measure 24-02, and such data shall be reported to the 
Secretariat immediately.
    7. In Statistical Subarea 88.2, longlines may be set during 
daylight hours only if the vessels are demonstrating a consistent 
minimum line sink rate of 0.3 m/s in accordance with Conservation 
Measure 24-02. Any vessel catching a total of three (3) seabirds shall 
immediately revert to night setting in accordance with Conservation 
Measure 25-02.
    8. There shall be no offal discharge in this fishery. Observers 9. 
Each vessel participating in the fishery shall have at least two 
scientific observers, one of whom shall be an observer appointed in 
accordance with the CCAMLR Scheme of International Scientific 
Observation, on board throughout all fishing activities within the 
fishing period.
    VMS 10. Each vessel participating in this exploratory longline 
fishery shall be required to operate a VMS at all times, in accordance 
with Conservation Measure 10-04.
    CDS 11. Each vessel participating in this exploratory longline 
fishery shall be required to participate in the Catch Documentation 
Scheme for Dissostichus spp., in accordance with Conservation Measure 
10-05.
    Research 12. Each vessel participating in this exploratory fishery 
shall conduct fishery-based research in accordance with the Research 
Plan and Tagging Program described in Conservation Measure 41-01, Annex 
B and Annex C respectively.
    Data:
    catch/effort
    13. For the purpose of implementing this conservation measure in 
the 2003/04 season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    14. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissostichus spp. and by-catch species are defined as 
any species other than Dissostichus spp.
    Data:
    biological
    15. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.
    Discharge
    16. All vessels participating in this exploratory fishery shall be 
prohibited from discharging:

[[Page 70571]]

    (i) oil or fuel products or oily residues into the sea, except as 
permitted
    in Annex I of MARPOL 73/78;
    (ii) garbage;
    (iii) food wastes not capable of passing through a screen with 
openings no greater than 25 mm;
    (iv) poultry or parts (including egg shells); or
    (v) sewage within 12 n miles of land or ice shelves, or sewage 
while the ship is traveling at a speed of less than 4 knots.

Additional elements

    17. No live poultry or other living birds shall be brought into 
Statistical Subarea 88.2 and any dressed poultry not consumed shall be 
removed from Statistical Subarea 88.2.

CONSERVATION MEASURE 41-11 (2003)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Division 58.4.1 in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 21-02, and notes that this measure 
would be for one year and that data arising from these activities would 
be reviewed by the Scientific Committee in 2004:
    Access 1. Fishing for Dissostichus spp. in Statistical Division 
58.4.1 shall be limited to the exploratory longline fishery by 
Argentina, Australia and the USA. The fishery shall be conducted by 
Argentine, Australian and US flagged vessels using longlines only.
    Catch limit 2. The total catch of Dissostichus spp. in Statistical 
Division 58.4.1 in the 2003/04 season shall not exceed a precautionary 
catch limit of 800 tons, of which no more than 200 tons shall be taken 
in any one of the four small-scale research units (SSRUs) identified in 
paragraph 3.
    3. Division 58.4.1 shall be divided into eight SSRUs as detailed in 
Annex B of Conservation Measure 41-01. Of these eight SSRUs, A, C, E 
and G shall have a catch limit of 200 tons of Dissostichus spp. SSRUs 
B, D, F and H shall have a catch limit of zero tons of Dissostichus 
spp. In addition, fishing will be prohibited in depths less than 550 m 
in all SSRUs in order to protect the benthic communities.
    Season 4. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Division 58.4.1, the 2003/04 season is 
defined as the period from 1 December 2003 to 30 November 2004.

Fishing operations

    5. The exploratory longline fishery for Dissostichus spp. in 
Division 58.4.1 shall be carried out in accordance with the provisions 
of Conservation Measure 41-01, except paragraph 6. By-catch 6. The by-
catch in this fishery shall be regulated as set out in Conservation 
Measure 33-03.
    Mitigation 7. The exploratory longline fishery for Dissostichus 
spp. in Statistical Division 58.4.1 shall be carried out in accordance 
with the provisions of Conservation Measure 25-02, except paragraph 2 
(night setting) shall not apply. Prior to entry into force of the 
license and prior to entering the Convention Area, each vessel shall 
demonstrate its capacity to comply with experimental line-weighting 
trials as approved by the Scientific Committee and described in 
Conservation Measure 24-02 and such data shall be reported to the 
Secretariat immediately.
    8. In Statistical Division 58.4.1, longlines may be set during 
daylight hours only if the vessel demonstrates a consistent minimum 
line sink rate of 0.3 m/s in accordance with Conservation Measure 24-
02. Should a total of three (3) seabirds be caught, the vessel shall 
immediately revert to night setting in accordance with Conservation 
Measure 25-02.
    9. There shall be no offal discharge in this fishery. Observers 10. 
Each vessel participating in the fishery shall have at least two 
scientific observers, one of whom shall be an observer appointed in 
accordance with the CCAMLR Scheme of International Scientific 
Observation, on board throughout all fishing activities within the 
fishing period.
    Research 11. Each vessel participating in this exploratory fishery 
shall conduct fishery-based research in accordance with the Research 
Plan and Tagging Program described in Conservation Measure 41-01, Annex 
B and Annex C respectively.
    Data:
    catch/effort
    12. For the purpose of implementing this conservation measure in 
the 2003/04 season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out
    in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    13. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissostichus spp. and by-catch species are defined as 
any species other than Dissostichus spp.
    Data:
    biological
    14. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.

CONSERVATION MEASURE 42-01 (2003)

Limits on the Fishery for Champsocephalus gunnari in Statistical 
Subarea 48.3 in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 31-01:
    Access 1. The fishery for Champsocephalus gunnari in Statistical 
Subarea 48.3 shall be conducted by vessels using trawls only. The use 
of bottom trawls in the directed fishery for Champsocephalus gunnari in 
Statistical Subarea 48.3 is prohibited.
    2. Fishing for Champsocephalus gunnari shall be prohibited within 
12 n miles of the coast of South Georgia during the period 1 March to 
31 May (spawning period).
    Catch limit 3. The total catch of Champsocephalus gunnari in 
Statistical Subarea 48.3 in the 2003/04 season shall be limited to 2 
887 tons. The total catch of Champsocephalus gunnari taken in the 
period 1 March to 31 May shall be limited to 722 tons.
    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 distant1. 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\29\. 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.
---------------------------------------------------------------------------

    \29\ This provision concerning the minimum distance separating 
fishing locations is adopted pending the adoption of a more 
appropriate definition of a fishing location by the Commission.
---------------------------------------------------------------------------

    Season 5. For the purpose of the trawl fishery for Champsocephalus 
gunnari in Statistical Subarea 48.3, the 2003/04 season is defined as 
the period from 1 December 2003 to 30 November 2004, or until the catch 
limit is reached, whichever is sooner.

[[Page 70572]]

    By-catch 6. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-01. 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 33-01.
    [sbull]is greater than 100 kg and exceeds 5% of the total catch of 
all fish by weight, or
    [sbull]is equal to or greater than 2 tons, then the fishing vessel 
shall move to another location at least 5 n miles distant1. The fishing 
vessel shall not return to any point within 5 n miles of the location 
where the by-catch of species named in Conservation Measure 33-01 
exceeded 5% for a period of at least five days\30\. 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.
---------------------------------------------------------------------------

    \30\Sec.  The specified period is adopted in accordance with the 
reporting period specified in Conservation Measure 23-01, pending 
the adoption of a more appropriate period by the Commission.
---------------------------------------------------------------------------

    Mitigation 7. The operation of this fishery shall be carried out in 
accordance with Conservation Measure 25-03 so as to minimize the 
incidental mortality of seabirds in the course of the fishery.
    8. Should any vessel catch a total of 20 seabirds, it shall cease 
fishing and shall be excluded from further participation in the fishery 
in the 2003/04 season.
    Observers 9. Each vessel participating in this fishery shall have 
at least one scientific observer appointed in accordance with the 
CCAMLR Scheme of International Scientific Observation, and where 
possible one additional scientific observer, on board throughout all 
fishing activities within the fishing period.
    Data:
    catch/effort
    10. For the purpose of implementing this conservation measure in 
the 2003/04 season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    11. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Champsocephalus gunnari and by-catch species are 
defined as any species other than Champsocephalus gunnari.
    Data:
    biological
    12. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.
    Research 13. Each vessel operating in this fishery during the 
period 1 March to 31 May 2004 shall conduct twenty (20) research trawls 
in the manner described in Annex 42-01/A.

ANNEX 42-01/A

RESEARCH TRAWLS DURING SPAWNING SEASON

    1. All fishing vessels taking part in the fishery for 
Champsocephalus gunnari in Statistical Subarea 48.3 between 1 March and 
31 May shall be required to conduct a minimum of 20 research hauls, to 
be completed during that period. Twelve research hauls shall be carried 
out in the Shag Rocks-Black Rocks area. These shall be distributed 
between the four sectors illustrated in Figure 1: four each in the NW 
and SE sectors, and two each in the NE and SW sectors. A further eight 
research hauls shall be conducted on the northwestern shelf of South 
Georgia over water less than 300 m deep.
    2. Each research haul must be at least 5 n miles distant from all 
others. The spacing of stations is intended to be such that both areas 
are adequately covered in order to provide information on the length, 
sex, maturity and weight composition of Champsocephalus gunnari.
    3. If concentrations of fish are located en route to South Georgia, 
they should be fished in addition to the research hauls.
    4. The duration of research hauls must be of a minimum of 30 
minutes with the net at fishing depth. During the day, the net must be 
fished close to the bottom.
    5. The catch of all research hauls shall be sampled by the 
international scientific observer on board. Samples should aim to 
comprise at least 100 fish, sampled using standard random sampling 
techniques. All fish in the sample should be at least examined for 
length, sex and maturity determination, and where possible weight. More 
fish should be examined if the catch is large and time permits.

CONSERVATION MEASURE 42-02 (2003)

Limits on the Fishery for Champsocephalus gunnari in Statistical 
Division 58.5.2 in the 2003/04 Season

    Access 1. The fishery for Champsocephalus gunnari in Statistical 
Division 58.5.2 shall be conducted by vessels using trawls only.
    2. 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;
    (vi) then southwesterly along the geodesic to the point of 
commencement.
    3. A chart illustrating the above definition is appended to this 
conservation measure (Annex 42-02/A). Areas in Statistical Division 
58.5.2 outside that defined above shall be closed to directed fishing 
for Champsocephalus gunnari.
    Catch limit 4. The total catch of Champsocephalus gunnari in 
Statistical Division 58.5.2 in the 2003/04 season shall be limited to 
292 tons.
    5. Where any haul contains more than 100 kg of Champsocephalus 
gunnari, and more than 10% of the Champsocephalus gunnari by number are 
smaller than the specified minimum legal total length, the fishing 
vessel shall move to another fishing location at least 5 n miles 
distant\31\. 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\32\. The 
location where the

[[Page 70573]]

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. From the 1 
December 2003 to 30 April 2004 the minimum legal total length shall be 
240 mm. From 1 May 2004 to 30 November 2004 the minimum legal length 
shall be 290 mm.
---------------------------------------------------------------------------

    \31\ This provision concerning the minimum distance separating 
fishing locations is adopted pending the adoption of a more 
appropriate definition of a fishing location by the Commission.
    \32\ The specified period is adopted in accordance with the 
reporting period specified in Conservation Measure 23-01, pending 
the adoption of a more appropriate period by the Commission.
---------------------------------------------------------------------------

    Season 6. For the purpose of the trawl fishery for Champsocephalus 
gunnari in Statistical Division 58.5.2, the 2003/04 season is defined 
as the period from 1 December 2003 to 30 November 2004, or until the 
catch limit is reached, whichever is sooner. By-catch 7. Fishing shall 
cease if the by-catch of any species reaches its by-catch limit as set 
out in Conservation Measure 33-02.
    Mitigation 8. The operation of this fishery shall be carried out in 
accordance with Conservation Measure 25-03 so as to minimize the 
incidental mortality of seabirds in the course of fishing.Observers 9. 
Each vessel participating in this fishery shall have at least one 
scientific observer, and may include one appointed in accordance with 
the CCAMLR Scheme of International Scientific Observation, on board 
throughout all fishing activities within the fishing period.
    Data:
    catch/effort
    10. For the purpose of implementing this conservation measure in 
the 2003/04 season, the following shall apply:
    (i) the Ten-day Catch and Effort Reporting System set out in Annex 
42-02/B;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Annex 42-02/B. Fine-scale data shall be submitted on a haul-by-
haul basis.
    11. For the purpose of Annex 42-02/B, the target species is 
Champsocephalus gunnari and by-catch species are defined as any species 
other than Champsocephalus gunnari.
    Data:
    biological
    12. Fine-scale biological data, as required under Annex 42-02/B, 
shall be collected and recorded. Such data shall be reported in 
accordance with the Scheme of International Scientific Observation.

ANNEX 42-02/B

DATA REPORTING SYSTEM

    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 
information on 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;
    (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.
    A fine-scale catch, 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 onemonth 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;
    (b) representative samples of length composition shall be taken 
from eachfine-scale grid rectangle (0.5[deg] latitude by 1[deg] 
longitude) fished in each calendar month;
    (v) the above data shall be submitted to the CCAMLR Secretariat not 
later than one month after the vessel returns to port.

CONSERVATION MEASURE 43-02 (2003)

Limits on the Exploratory Fishery for Macrourus spp. on Elan Bank 
(Statistical Division 58.4.3a) outside Areas of National Jurisdiction 
in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 21-02:
    Access 1. Fishing for Macrourus spp. on Elan Bank (Statistical 
Division 58.4.3a) outside areas of national jurisdiction shall be 
limited to the exploratory trawl fishery by Australia. The fishery 
shall be conducted by one Australian flagged vessel.
    Catch limit 2. The total catch of Macrourus spp. on Elan Bank 
(Statistical Division 58.4.3a) outside areas of national jurisdiction 
in the 2003/04 season shall not exceed a precautionary catch limit of 
26 tons.
    Season 3. For the purpose of the exploratory trawl fishery for 
Macrourus spp. on Elan Bank (Statistical Division 58.4.3a) outside 
areas of national jurisdiction, the 2003/04 season is defined as the 
period from 1 December 2003 to 30 November 2004 , or until the catch 
limit is reached, whichever is sooner.
    By-catch 4. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-03.
    Mitigation 5. The operation of this fishery shall be carried out in 
accordance with Conservation Measure 25-03 so as to minimize the 
incidental mortality of seabirds in the course of fishing.
    Observers 6. Each vessel participating in this fishery shall have 
at least one scientific observer appointed in accordance with the 
CCAMLR Scheme of International Scientific Observation, and where 
possible one additional scientific observer, on board throughout all 
fishing activities within the fishing period.
    Data:
    catch/effort
    7. For the purpose of implementing this conservation measure in the 
2003/04 season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in

[[Page 70574]]

Conservation Measure 23-04. Fine-scale data shall be submitted on a 
haul-by-haul basis.
    8. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Macrourus spp. and by-catch species are defined as 
any species other than Macrourus spp. Any catch of Dissostichus spp. 
shall be subtracted from the catch limit for Dissostichus spp. 
specified in Conservation Measure 41-06.
    Data:
    biological
    9. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.
    Research
    10. Each vessel participating in this exploratory fishery shall 
conduct fishery based research in accordance with the research plan 
described in Conservation Measure 41-01, Annex B.

CONSERVATION MEASURE 43-03 (2003)

Limits on the Exploratory Fishery for Macrourus spp. On BANZARE Bank 
(Statistical Division 58.4.3b) outside Areas of National Jurisdiction 
in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 21-02:
    Access 1. Fishing for Macrourus spp. on BANZARE Bank (Statistical 
Division 58.4.3b) outside areas of national jurisdiction shall be 
limited to the exploratory trawl fishery by Australia. The fishery 
shall be conducted by one Australian flagged vessel.
    Catch limit 2. The total catch of Macrourus spp. on BANZARE Bank 
(Statistical Division 58.4.3b) outside areas of national jurisdiction 
in the 2003/04 season shall not exceed a precautionary catch limit of 
159 tons.
    Season 3. For the purpose of the exploratory trawl fishery for 
Macrourus spp. on BANZARE Bank (Statistical Division 58.4.3b) outside 
areas of national jurisdiction, the 2003/04 season is defined as the 
period from 1 December 2003 to 30 November 2004, or until the catch 
limit is reached, whichever is sooner.
    By-catch 4. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-03.
    Mitigation 5. The operation of this fishery shall be carried out in 
accordance with Conservation Measure 25-03 so as to minimize the 
incidental mortality of seabirds in the course of fishing.
    Observers 6. Each vessel participating in this fishery shall have 
at least one scientific observer appointed in accordance with the 
CCAMLR Scheme of International Scientific Observation, and where 
possible one additional scientific observer, on board throughout all 
fishing activities within the fishing period.
    Data:
    catch/effort
    7. For the purpose of implementing this conservation measure in the 
2003/04 season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    8. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Macrourus spp. and by-catch species are defined as 
any species other than Macrourus spp. Any catch of Dissostichus spp. 
shall be subtracted from the catch limit for Dissostichus spp. 
specified in Conservation Measure 41-07.
    Data:
    biological
    9. Fine-scale biological data, as required under Conservation
    Measure 23-05, shall be collected and recorded. Such data shall 
bereported in accordance with the Scheme of International Scientific 
Observation.
    Research 10. Each vessel participating in this exploratory fishery 
shall conduct fishery-based research in accordance with the research 
plan described in Conservation Measure 41-01, Annex B.

Conservation Measure 43-04 (2003)

Limits on the Exploratory Fishery for Chaenodraco wilsoni, 
Lepidonotothen kempi, Trematomus eulepidotus and Pleuragramma 
antarcticum in Statistical Division 58.4.2 in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 21-02, and notes that this measure 
would be for one year and that data arising from these activities would 
be reviewed by the Scientific Committee in 2004:
    Access 1. Fishing for Chaenodraco wilsoni, Lepidonotothen kempi, 
Trematomus eulepidotus and Pleuragramma antarcticum in Statistical 
Division 58.4.2 shall be limited to the exploratory trawl fishery by 
Russia.The fishery shall be conducted by one Russian-flagged vessel 
using trawls only.
    Catch limit 2. The total catch of all species in the 2003/04 season 
shall not exceed a precautionary catch limit of 2 000 tons.
    3. The catch of Chaenodraco wilsoni in the 2003/04 season shall be 
taken by the midwater trawl method only, except for the research 
program on shallow-water bottom trawling specified in paragraph 4 of 
Annex 43-04/A of this conservation measure, and shall not exceed 1 000 
tons.
    4. The catches of Lepidonotothen kempi, Trematomus eulepidotus and 
Pleuragramma antarcticum in the 2003/04 season shall be taken by the 
midwater trawl method only, except for the research program on shallow-
water bottom trawling specified in paragraph 4 of Annex 43-04/A of this 
conservation measure, and shall not exceed 500 tons for any one 
species.
    5. Any Dissostichus spp. or Macrourus spp. caught during the 
directed fishery for the above species shall be deducted from the 
catches of these species authorized in Conservation Measure 41-05.
    Season 6. For the purpose of the exploratory trawl fishery for 
Chaenodraco wilsoni, Lepidonotothen kempi, Trematomus eulepidotus and 
Pleuragramma antarcticum in Statistical Division 58.4.2, the 2003/04 
season is defined as the period from 1 December 2003 to 30 November 
2004, or until the catch limit is reached, whichever is sooner.
    By-catch 7. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-03.
    Mitigation 8. The operation of this fishery shall be carried out in 
accordance with Conservation Measure 25-03 so as to minimize the 
incidental mortality of seabirds in the course of fishing.
    Observers 9. The vessel participating in this fishery shall have at 
least one scientific observer appointed in accordance with the CCAMLR 
Scheme of International Scientific Observation, and where possible one 
additional scientific observer, on board throughout all fishing 
activities within the fishing period.
    Data:
    catch/effort
    10. For the purpose of implementing this conservation measure in 
the 2003/04 season, the following shall apply:
    (i) the Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measures 23-03. Fine-scale data shall be submitted 
on a haul-by-haul basis.

[[Page 70575]]

    11. For the purpose of Conservation Measures 23-01 and 23-03, the 
target species are Chaenodraco wilsoni, Lepidonotothen kempi, 
Trematomus eulepidotus and Pleuragramma antarcticum and by-catch 
species are defined as any species other than these species.
    Data:
    biological
    12. Fine-scale biological data, as required under Conservation 
Measure 23-05 shall be collected and recorded. Such data shall be 
reported in accordance with the System of International Scientific 
Observation.
    Research 13. The vessel participating in this exploratory fishery 
shall conduct fishery-based research in accordance with the Research 
and Data Collection Plans described in Annex 43-04/A. The results shall 
be reported to CCAMLR not later than three months after the closure of 
the fishery.

ANNEX 43-04/A

RESEARCH AND DATA COLLECTION PLANS

    1. The small-scale research units (SSRUs) for this fishery will be 
those specified in Annex B of Conservation Measure 41-01.
    2. The vessel undertaking prospecting or commercial fishing in any 
SSRU must undertake the following research activities once 10 tons of 
any one species have been caught, irrespective of the number of hauls 
required:
    (i) a minimum of 20 hauls must be made within the SSRU and must 
collectively satisfy the criteria specified in subparagraphs (ii) to 
(iv);
    (ii) each haul must be separated by not less than 5 n miles from 
any other haul, distance to be measured from the geographical mid-point 
of each haul;
    (iii) each haul shall comprise at least 30 minutes effective 
fishing time as defined in the Draft Manual for Bottom Trawl Surveys in 
the Convention Area(SC-CAMLR-XI, Annex 5, Appendix H, Attachment E, 
paragraph 4);
    (iv) all data specified in the paragraph 4 of this annex shall be 
collected for every research haul; in particular, all fish in a 
research haul up to 100 fish are to be measured and biological 
characteristics obtained from 30 fish, where more than 100 fish are 
caught, a method for randomly subsampling the fish should be applied.
    3. The requirement to undertake the above research activities 
applies irrespective of the period over which the trigger levels of 10 
tons of catch in any SSRU are achieved during the 2003/04 fishing 
season. The research activities must commence immediately the trigger 
levels have been reached and must be completed before the vessel leaves 
the SSRU.
    4. In each SSRU and in locations where the bottom depth is 280 m or 
less:
    (i) a maximum total of 20 commercial bottom trawls may be conducted 
in no more than 10 locations, but with no more than four bottom trawls 
in any one location;
    (ii) each location must be at least 5 n miles distant from any 
other location;
    (iii) at each location trawled, three separate samples will be 
taken with a beam trawl in the vicinity of the commercial trawl track 
to assess the benthos present and compare with the benthos brought up 
in the commercial trawl;
    (iv) catches from this program will not count towards the value 
that triggers the 20 research shots in an SSRU as defined in paragraph 
2 above.
    5. The following data and material will be collected from research 
and commercial hauls, as required by the CCAMLR Scientific Observers 
Manual:
    (i) position, date and depth at the start and end of every haul;
    (ii) haul-by haul catch and catch per effort by species;
    (iii) haul-by haul length frequency of common species;
    (iv) sex and gonad state of common species;
    (v) diet and stomach fullness;
    (vi) scales and/or otoliths for age determination;
    (vii) by-catch of fish and other organisms;
    (viii) observations on the occurrence of seabirds and mammals in 
relation to fishing operations, and details of any incidental mortality 
of these animals.

CONSERVATION MEASURE 52-01 (2003)

Limits on the Fishery for Crab in Statistical Subarea 48.3 in the 2003/
04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 31-01:
    Access 1. The fishery for crab in Statistical Subarea 48.3 shall be 
conducted by vessels using pots only. 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. The crab fishery shall be limited to one vessel per Member.
    3. 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.
    Catch limit 4. The total catch of crab in Statistical Subarea 48.3 
in the 2003/04 season shall not exceed a precautionary catch limit of 1 
600 tons.
    5. 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 94 mm and 90 mm, respectively, 
may be retained in the catch.
    Season 6. For the purpose of the pot fishery for crab in 
Statistical Subarea 48.3, the 2003/04 season is defined as the period 
from 1 December 2003 to 30 November 2004, or until the catch limit is 
reached, whichever is sooner.
    By-catch 7. The by-catch of Dissostichus eleginoides shall be 
counted against the catch limit in the fishery for Dissostichus 
eleginoides in Statistical Subarea 48.3.
    Observers 8. Each vessel participating in this fishery shall have 
at least one scientific observer appointed in accordance with the 
CCAMLR Scheme of International Scientific Observation, and where 
possible one additional scientific observer, on board throughout all 
fishing activities within the fishing period. Scientific observers 
shall be afforded unrestricted access to the catch for statistical 
random sampling prior to, as well as after, sorting by the crew.
    Data:
    catch/effort
    9. For the purpose of implementing this conservation measure in the 
2003/04 season, the following shall apply:
    (i) the Ten-day Catch and Effort Reporting System set out in 
Conservation Measure 23-02;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    10. For the purpose of Conservation Measures 23-02 and 23-04 the 
target species is crab and by-catch species are defined as any species 
other than crab.
    Data:
    biological
    11. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.
    Research

[[Page 70576]]

    12. Each vessel participating in this exploratory fishery shall 
conduct
    fishery-based research in accordance with the data requirements 
described in Annex 52-01/A and the experimental harvest regime 
described in Conservation Measure 52-02. Data collected for the period 
up to 31 August 2004 shall be reported to CCAMLR by 30 September 2004 
so that the data will be available to the meeting of the Working Group 
on Fish Stock Assessment in 2004. Such data collected after 31 August 
shall be reported to CCAMLR not later than three months after the 
closure of the fishery.

ANNEX 52-01/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.
    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 52-02 (2003)

Experimental Harvest Regime for the Crab Fishery in Statistical Subarea 
48.3 in the 2003/04 Season

    The following measures apply to all crab fishing within Statistical 
Subarea 48.3 in the 2003/04 fishing season. 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. Vessels shall conduct the experimental harvest regime in the 
2003/04 season at the start of their first season of participation in 
the crab fishery and the following conditions shall apply:
    (i) every vessel when undertaking an experimental harvesting regime 
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 52-02/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 asthe time between start of 
setting and start of hauling;
    (ii) vessels shall not fish outside the area delineated by the 
0.5[deg] latitude by 1.0[deg] longitude blocks prior to completing the 
experimental harvesting regime;
    (iii) vessels shall not expend more than 30 000 pot hours in any 
single block of 0.5[deg] latitude by 1.0[deg] longitude;
    (iv) if a vessel returns to port before it has expended 200 000 pot 
hours in the experimental harvesting regime the remaining pot hours 
shall be expended before it can be considered that the vessel has 
completed the experimental harvesting regime;
    (v) after completing 200 000 pot hours of experimental fishing, it 
shall be considered that vessels have completed the experimental 
harvesting regime and they shall be permitted to commence fishing in a 
normal fashion.
    2. Data collected during the experimental harvest regime up to 30 
June 2004 shall be submitted to CCAMLR by 31 August 2004.
    3. Normal fishing operations shall be conducted in accordance with 
the regulations set out in Conservation Measure 52-01.
    4. For the purposes of implementing normal fishing operations after 
completion of the experimental harvest regime, the Ten-day Catch and 
Effort Reporting System set out in Conservation Measure 23-02 shall 
apply.
    5. Vessels that complete 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 52-01.
    6. Fishing vessels shall participate in the experimental harvest 
regime independently (i.e. vessels may not cooperate to complete phases 
of the experiment).
    7. Crabs taken by any vessel for research purposes will be 
considered as part of any catch limits in force for each species taken, 
and shall be reported to CCAMLR as part of the annual STATLANT returns.
    8. All vessels participating in the experimental harvest regime 
shall carry at least one scientific observer on board during all 
fishing activities.

CONSERVATION MEASURE 61-01 (2003)

Limits on the Exploratory Fishery for Martialia hyadesi in Statistical 
Subarea 48.3 in the 2003/04 Season

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measures 21-02 and 31-01:
    Access 1. Fishing for Martialia hyadesi in Statistical Subarea 48.3 
shall be limited to the exploratory jig fishery by notifying countries. 
The fishery shall be conducted by vessels using jigs only.
    Catch limit 2. The total catch of Martialia hyadesi in Statistical 
Subarea 48.3 in the 2003/04 season shall not exceed a precautionary 
catch limit of 2 500 tons.
    Season 3. For the purpose of the exploratory jig fishery for 
Martialia hyadesi in Statistical Subarea 48.3, the 2003/04 season is 
defined as the period from 1 December 2003 to 30 November 2004, or 
until the catch limit is reached, whichever is sooner.
    Observers 4. Each vessel participating in this fishery shall have 
at least one scientific observer appointed in accordance with the 
CCAMLR Scheme of International Scientific Observation, and where 
possible one additional scientific observer, on board throughout all 
fishing activities within the fishing period.
    Data:
    catch/effort
    5. For the purpose of implementing this conservation measure in the 
2003/04 season, the following shall apply:

[[Page 70577]]

    (i) the Ten-day Catch and Effort Reporting System set out in 
Conservation Measure 23-02;
    (ii) the Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    6. For the purpose of Conservation Measures 23-02 and 23-04, the 
target species is Martialia hyadesi and by-catch species are defined as 
any species other than Martialia hyadesi.
    Data:
    biological
    7. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.
    Research 8. Each vessel participating in this exploratory fishery 
shall collect data in accordance with the Data Collection Plan 
described in Annex 61-01/A.
    Data collected pursuant to the plan for the period up to 31 August 
2004 shall be reported to CCAMLR by 30 September 2004 so that the data 
will be available to the meeting of the Working Group on Fish Stock 
Assessment in 2004.

ANNEX 61-01/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 23-02; 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);
    (iii) biological data (Form S3).

RESOLUTION 15/XXII

Use of Ports not Implementing the Catch Documentation Scheme for 
Dissostichus spp.

    The Commission,
    Noting that a number of Acceding States and non-Contracting Parties 
not participating in the Catch Documentation Scheme for Dissostichus 
spp., as set out in Conservation Measure 10-05, continue to trade in 
Dissostichus spp.;
    Recognizing that these Acceding States and non-Contracting Parties 
thus do not participate in the landing procedures for Dissostichus spp. 
accompanied by Dissostichus Catch Documents;
    Urges Contracting Parties,
    When licensing a vessel to fish for Dissostichus spp. either inside 
the Convention Area under Conservation Measure 10-02, or on the high 
seas, to require, as a condition of that license, that the vessel 
should land catches only in States that are fully implementing the CDS; 
and to attach to the license\33\ a list of all Acceding States and non-
Contracting Parties that are fully implementing the Catch Documentation 
Scheme.
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    \33\ Includes permits and authorizations
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RESOLUTION 20/XXII

    Ice-Strengthening Standards in High-Latitude Fisheries\34\
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    \34\ Subareas and divisions south of 60[deg]S and adjacent to 
the Antarctic continent.
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    The Commission
    Recognizing the unique circumstances in high-latitude fisheries, 
especially the extensive ice coverage which can pose a risk to fishing 
vessels operating in those fisheries,
    Recognizing also that the safety of fishing vessels, crew and 
CCAMLR scientific observers is a significant concern of all Members,
    Further recognizing the difficulties of search and rescue response 
in high-latitude fisheries,
    Concerned that collisions with ice could result in oil spills and 
other adverse consequences for Antarctic marine living resources and 
the pristine Antarctic environment,
    Considering that vessels fishing in high-latitude fisheries should 
be suitable for ice conditions,
    Urges Members to license to fish in high-latitude fisheries only 
those of their flag vessels with a minimum ice classification standard 
of ICE-1C\35\ which will remain current for the duration of the planned 
fishing activity.
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    \35\ As defined in the Det Norske Veritas (DNV) Rules for 
Classification of Ships or an equivalent standard of certification 
as defined by a recognized classification authority.

    Dated: December 10, 2003.
Margaret F. Hayes,
Director, Office of Oceans Affairs, Bureau of Oceans, International 
Environmental and Scientific Affairs, Department of State.
[FR Doc. 03-31229 Filed 12-17-03; 8:45 am]
BILLING CODE 3510-22-S