[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Notices]
[Pages 3772-3809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1223]



[[Page 3771]]

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Part II





Department of State





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Office of Oceans Affairs; New Conservation Measures for Antarctic 
Fishing Under the Auspices of CCAMLR; Notice

  Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / 
Notices  

[[Page 3772]]


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DEPARTMENT OF STATE

[I.D. 010705D]


Office of Oceans Affairs; 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-Third Meeting in Hobart, Tasmania, from October 
25 to November 5, 2004, 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-Third meeting of 
CCAMLR. For all of the conservation measures in force, see the CCAMLR 
Web site 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 February 25, 2005.

FOR FURTHER INFORMATION CONTACT: Hunter H. Cashdollar, 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 fishery; 
Exploratory fisheries; Reporting and record keeping requirements; 
Vessel and gear identification; Gear disposal; Mesh Size; Harvesting 
permits; Import permits; Appointment of a designated representative; 
Prohibitions; Facilitation of enforcement and inspection; and 
Penalties.
    The Commission agreed that the following conservation measures will 
remain in force in 2004/05: Compliance: 10-01 (1998), 10-03 (2002), and 
10-07 (2003); General fishery matters: 21-01 (2002), 22-01 (1986), 22-
02 (1984), 22-03 (1990), 23-02 (1993), 23-03 (1991), 23-04 (2000), 23-
05 (2000), 24-01 (2003), 25-01 (1996), 25-02 (2003), and 25-03 (2003); 
Fishery Regulations: 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), 32-13 (2003), 32-14 
(2003), 32-15 (2003), 32-16 (2003), 32-17 (2003), 33-01 (1995), 41-03 
(1999), 51-01 (2002), 51-02 (2002) and 51-03 (2002).
    At its twenty-third meeting in Hobart, Tasmania, the Commission 
agreed that the following resolutions will remain in force in 2004/05: 
Resolutions 7/IX, 10/XII, 14/XIX, 15/XXII, 16/XIX, 17/XX, 18/XXI, 19/
XXI AND 20/XXII.
    New and Revised Conservation Measures. The Commission revised the 
following conservation measures at its twenty-third meeting: 
Compliance: 10-02 (2001), 10-04 (2002), 10-05 (2003), 10-06 (2002); 
General Fishery Matters: 21-02 (2002), 23-01 (2003), 23-06 (2002), and 
24-02 (2003); Protected Areas: 90-01 (2000), 91-02 (2000), and 91-03 
(2000).
    In addition, twenty-nine Conservation Measures and three 
Resolutions were adopted at the twenty-third meeting: (For further 
information, see the CCAMLR Web site at http://www.ccamlr.org under 
Publications for the Schedule of Conservation Measures in Force (2004/
2005), or contact the Commission at the CCAMLR Secretariat, PO Box 213, 
North Hobart, Tasmania 7002, Australia. Tel: (61) 3-6234-9965.)

Conservation Measures and Resolutions Adopted at CCAMLR-XXIII

Conservation Measure 10-02 (2004) 1 2

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

    1. Each Contracting Party shall prohibit fishing by its flag 
vessels in the Convention Area except pursuant to a licence 
3 that the Contracting Party has issued setting forth the 
specific areas, species and time periods for which such fishing is 
authorised and all other specific conditions to which the fishing is 
subject to give effect to CCAMLR conservation measures and requirements 
under the Convention.
    2. A Contracting Party may only issue such a licence to fish in the 
Convention Area to vessels flying its flag, if it is satisfied of its 
ability to exercise its responsibilities under the Convention and its 
conservation measures, by requiring from each vessel, inter alia, the 
following:
    (i) Timely notification by the vessel to its Flag State of exit 
from and entry into any port;
    (ii) Notification by the vessel to its Flag State of entry into the 
Convention Area and movement between areas, subareas/divisions;
    (iii) Reporting by the vessel of catch data in accordance with 
CCAMLR requirements;
    (iv) Operation of a VMS system on board the vessel in accordance 
with Conservation Measure 10-04.
    3. Each Contracting Party shall provide to the Secretariat within 
seven days of the issuance of each licence the following information 
about licences issued:
     Name of the vessel
     Time periods authorised for fishing (start and end dates)
     Area(s) of fishing
     Species targeted
     Gear used.
    4. From 1 August 2005, each Contracting Party shall provide to the 
Secretariat within seven days of the issuance of each licence the 
following information about licences issued:
    (i) Name of fishing vessel (any previous names if known), 
4 registration number, 5 IMO number (if issued), 
external markings and port of registry;
    (ii) The nature of the authorisation to fish granted by the Flag 
State, specifying time periods authorised for fishing (start and end 
dates), area(s) of fishing, species targeted and gear used;

[[Page 3773]]

    (iii) Previous flag (if any); 4
    (iv) International Radio Call Sign;
    (v) Name and address of vessel's owner(s), and any beneficial 
owner(s) if known;
    (vi) Name and address of licence owner (if different from vessel 
owner(s));
    (vii) Type of vessel;
    (viii) Where and when built;
    (ix) Length (m);
    (x) Colour photographs of the vessel which shall consist of:
     One photograph not smaller than 12 x 7 cm showing the 
starboard side of the vessel displaying its full overall length and 
complete structural features;
     One photograph not smaller than 12 x 7 cm showing the port 
side of the vessel displaying its full overall length and complete 
structural features;
     One photograph not smaller than 12 x 7 cm showing the 
stern taken directly from astern;
    (xi) Where applicable, in accordance with Conservation Measure 10-
04, details of the implementation of the tamper-proof requirements of 
the satellite monitoring device installed on board.
    5. From 1 August 2005, each Contracting Party shall, to the extent 
practicable, also provide to the Secretariat at the same time as 
submitting information in accordance with paragraph 4, the following 
additional information in respect to each fishing vessel licensed:
    (i) Name and address of operator, if different from vessel owners;
    (ii) Names and nationality of master and, where relevant, of 
fishing master;
    (iii) Type of fishing method or methods;
    (iv) Beam (m);
    (v) Gross registered tonnage;
    (vi) Vessel communication types and numbers (INMARSAT A, B and C 
numbers);
    (vii) Normal crew complement;
    (viii) Power of main engine or engines (kW);
    (ix) Carrying capacity (tonnes), number of fish holds and their 
capacity (m\3\);
    (x) Any other information in respect of each licensed vessel they 
consider appropriate (e.g. ice classification) for the purposes of the 
implementation of the conservation measures adopted by the Commission.
    6. Contracting Parties shall communicate without delay to the 
Secretariat any change to any of the information submitted in 
accordance with paragraphs 3, 4 and 5.
    7. The Executive Secretary shall place a list of licensed vessels 
on the CCAMLR Web site.
    8. The licence or an authorised copy of the licence must be carried 
by the fishing vessel and must be available for inspection at any time 
by a designated CCAMLR inspector in the Convention Area.
    9. Each Contracting Party shall verify, through inspections of all 
of its fishing vessels at the Party's departure and arrival ports, and 
where appropriate, in its Exclusive Economic Zone, their compliance 
with the conditions of the licence as described in paragraph 1 and with 
the CCAMLR conservation measures. In the event that there is evidence 
that the vessel has not fished in accordance with the conditions of its 
licence, the Contracting Party shall investigate the infringement and, 
if necessary, apply appropriate sanctions in accordance with its 
national legislation.
    10. Each Contracting Party shall include in its annual report 
pursuant to paragraph 12 of the CCAMLR System of Inspection, steps it 
has taken to implement and apply this conservation measure; and may 
include additional measures it may have taken in relation to its flag 
vessels to promote the effectiveness of CCAMLR conservation measures.

    1 Except for waters adjacent to the Kerguelen and 
Crozet Islands.
    2 Except for waters adjacent to the Prince Edward 
Islands.
    3 Includes permit and authorisation.
    4 In respect of any vessel reflagged within the 
previous 12 months, any information on the details of the process of 
(reasons for) previous deregistration of the vessel from other 
registries, if known.
    5 National registry number.

Conservation Measure 10-04 (2004)

Automated Satellite-Linked Vessel Monitoring Systems (VMS)
Species all except krill
Area all
Season all
Gear all

    The Commission, Recognising that in order to promote the objectives 
of the Convention and further improve compliance with the relevant 
conservation measures,
    Convinced that illegal, unreported and unregulated (IUU) fishing 
compromises the objective of the Convention,
    Recalling that Contracting Parties are required to cooperate in 
taking appropriate action to deter any fishing activities which are not 
consistent with the objective of the Convention,
    Mindful of the rights and obligations of Flag States and Port 
States to promote the effectiveness of conservation measures,
    Wanting to reinforce the conservation measures already adopted by 
the Commission,
    Recognising the obligations and responsibilities of Contracting 
Parties under the Catch Documentation Scheme for Dissostichus spp. 
(CDS),
    Recalling provisions as made under Article XXIV 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, hereby adopts the following conservation measure in 
accordance with Article IX of the Convention:
    1. Each Contracting Party shall ensure that its fishing vessels, 
licensed 1 in accordance with Conservation Measure 10-02, 
are equipped with a satellite-linked vessel monitoring device allowing 
for the continuous reporting of their position in the Convention Area 
for the duration of the licence issued by the Flag State. The vessel 
monitoring device shall automatically communicate at least every four 
hours to a land-based fisheries monitoring centre (FMC) of the Flag 
State of the vessel the following data:
    (i) Fishing vessel identification;
    (ii) The current geographical position (latitude and longitude) of 
the vessel, with a position error which shall be less than 500 m, with 
a confidence interval of 99%;
    (iii) The date and time (expressed in UTC) of the fixing of the 
said position of the vessel;
    (iv) The speed and course of the vessel.
    2. The implementation of vessel monitoring device(s) on vessels 
while participating only in a krill fishery is not currently required.
    3. Each Contracting Party as a Flag State shall ensure that the 
vessel monitoring device(s) on board its vessels are tamper proof, i.e. 
are of a type and configuration that prevent the input or output of 
false positions, and that are not capable of being over-ridden, whether 
manually, electronically or otherwise. To this end, the on-board 
satellite monitoring device must:
    (i) Be located within a sealed unit;
    (ii) Be protected by official seals (or mechanisms) of a type that 
indicate whether the unit has been accessed or tampered with.
    4. In the event that a Contracting Party has information to suspect 
that an on-board vessel monitoring device does not

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meet the requirements of paragraph 3, or has been tampered with, it 
shall immediately notify the Secretariat and the vessel's Flag State.
    5. Each Contracting Party shall ensure that its FMC receives Vessel 
Monitoring System (VMS) reports and messages, and that the FMC is 
equipped with computer hardware and software enabling automatic data 
processing and electronic data transmission. Each Contracting Party 
shall provide for backup and recovery procedures in case of system 
failures.
    6. Masters and owners/licensees of fishing vessels subject to VMS 
shall ensure that the vessel monitoring device on board their vessels 
within the Convention Area is at all times fully operational as per 
paragraph 1, and that the data are transmitted to the Flag State. 
Masters and owners/licensees shall in particular ensure that:
    (i) VMS reports and messages are not altered in any way;
    (ii) The antennae connected to the satellite monitoring device are 
not obstructed in any way;
    (iii) The power supply of the satellite monitoring device is not 
interrupted in any way;
    (iv) The vessel monitoring device is not removed from the vessel.
    7. A vessel monitoring device shall be active within the Convention 
Area. It may, however, be switched off when the fishing vessel is in 
port for a period of more than one week, subject to prior notification 
to the Flag State, and if the Flag State so desires also to the 
Secretariat, and providing that the first position report generated 
following the repowering (activating) shows that the fishing vessel has 
not changed position compared to the last report.
    8. In the event of a technical failure or non-functioning of the 
vessel monitoring device on board the fishing vessel, the master or the 
owner of the vessel, or their representative, shall communicate to the 
Flag State every six hours, and if the Flag State so desires also to 
the Secretariat, starting at the time that the failure or the non-
functioning was detected or notified in accordance with paragraph 13, 
the up-to-date geographical position of the vessel by electronic means 
(e-mail, facsimile, telex, telephone message, radio).
    9. Vessels with a defective vessel monitoring device shall take 
immediate steps to have the device repaired or replaced as soon as 
possible and, in any event, within two months. If the vessel during 
that time returns to port, it shall not be allowed by the Flag State to 
commence a further fishing trip in the Convention Area without having 
the defective device repaired or replaced.
    10. When the Flag State has not received for 12 hours data 
transmissions referred to in paragraphs 1 and 8, or has reasons to 
doubt the correctness of the data transmissions under paragraphs 1 and 
8, it shall as soon as possible notify the master or the owner or the 
representative thereof. If this situation occurs more than two times 
within a period of one year in respect of a particular vessel, the Flag 
State of the vessel shall investigate the matter, including having an 
authorised official check the device in question, in order to establish 
whether the equipment has been tampered with. The outcome of this 
investigation shall be forwarded to the CCAMLR Secretariat within 30 
days of its completion.
    11. Each Contracting Party shall forward VMS reports and messages 
received, pursuant to paragraph 1, to the CCAMLR Secretariat as soon as 
possible: 2, 3
    (i) But not later than four hours after receipt for those 
exploratory longline fisheries subject to conservation measures adopted 
at CCAMLR-XXIII; or
    (ii) Following departure from the Convention Area for all other 
fisheries.
    12. Without prejudice to its responsibilities as a Flag State, if 
the Contracting Party so desires, it shall ensure that each of its 
vessels communicates the reports referred to in paragraph 11 in 
parallel to the CCAMLR Secretariat.
    13. With regard to paragraphs 8 and 11(i), each Contracting Party 
shall, as soon as possible but no later than two working days following 
detection or notification of technical failure or non-functioning of 
the vessel monitoring device on board the fishing vessel, forward the 
geographical positions of the vessel to the Secretariat, or shall 
ensure that these positions are forwarded to the Secretariat by the 
master or the owner of the vessel, or their representative.
    14. Each Flag State shall ensure that VMS reports and messages 
transmitted by the Contracting Party or its fishing vessels to the 
CCAMLR Secretariat, are in a computer-readable form in the data 
exchange format set out in Annex 10-04/A.
    15. Each Flag State shall in addition notify the CCAMLR Secretariat 
as soon as possible of each entry to and exit from the Convention Area 
by each of its fishing vessels in the format outlined in Annex 10-04/A.
    16. Each Flag State shall notify the name, address, e-mail, 
telephone and facsimile numbers, as well as the address of electronic 
communication of the relevant authorities of their FMC to the CCAMLR 
Secretariat before 1 January 2005 and thereafter any changes without 
delay.
    17. In the event that the CCAMLR Secretariat has not, for 48 
consecutive hours, received the data transmissions referred to in 
paragraph 11(i), it shall promptly notify the Flag State of the vessel 
and require an explanation. The CCAMLR Secretariat shall promptly 
inform the Commission if the data transmissions at issue, or the Flag 
State explanation, are not received from the Contracting Party within a 
further five working days.
    18. The CCAMLR Secretariat and all Parties receiving data shall 
treat all VMS reports and messages received under paragraph 11 or 
paragraphs 19, 20, 21 or 22 in a confidential manner in accordance with 
the confidentiality rules established by the Commission as contained in 
Annex 10-04/B. Data from individual vessels shall be used for 
compliance purposes only, namely for:
    (i) Active surveillance presence, and/or inspections by a 
Contracting Party in a specified CCAMLR subarea or division; or
    (ii) The purposes of verifying the content of a Dissostichus Catch 
Document (DCD).
    19. The CCAMLR Secretariat shall place a list of vessels submitting 
VMS reports and messages pursuant to this conservation measure on a 
password-protected section of the CCAMLR Web site. This list shall be 
divided into subareas and divisions, without indicating the exact 
positions of vessels, and be updated when a vessel changes subarea or 
division. The list shall be posted daily by the Secretariat, 
establishing an electronic archive.
    20. VMS reports and messages (including vessel locations), for the 
purposes of paragraph 18(i) above, may be provided by the Secretariat 
to a Contracting Party other than the Flag State without the permission 
of the Flag State only during active surveillance, and/or inspection in 
accordance with the CCAMLR System of Inspection and according to the 
time frames set out in paragraph 11. In this case, the Secretariat 
shall provide VMS reports and messages, including vessel locations over 
the previous 10 days, for vessels actually detected during 
surveillance, and/or inspection by a Contracting Party, and VMS reports 
and messages (including vessel locations) for all vessels within 100 n 
miles of that same location. The Flag State(s) concerned shall be 
provided by the Party conducting the active surveillance, and/or 
inspection, with a report including name of the vessel or

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aircraft on active surveillance, and/or inspection under the CCAMLR 
System of Inspection, and the full name(s) of the CCAMLR inspector(s) 
and their ID number(s). The Parties conducting the active surveillance, 
and/or inspection will make every reasonable effort to make this 
information available to the Flag State(s) as soon as possible.
    21. A Party may contact the Secretariat prior to conducting active 
surveillance, and/or inspection in accordance with the CCAMLR System of 
Inspection, in a given area and request VMS reports and messages 
(including vessel locations), for vessels in that area. The Secretariat 
shall provide this information only with the permission of the Flag 
State for each of the vessels and according to the time frames set out 
in paragraph 11. On receipt of Flag State permission the Secretariat 
shall provide regular updates of positions to the Contracting Party for 
the duration of the active surveillance, and/or inspection in 
accordance with the CCAMLR System of Inspection.
    22. A Contracting Party may request actual VMS reports and messages 
(including vessel locations) from the Secretariat for a vessel when 
verifying the claims on a DCD. In this case the Secretariat shall 
provide that data only with Flag State permission.
    23. The CCAMLR Secretariat shall annually, before 30 September, 
report on the implementation of and compliance with this conservation 
measure to the Commission.

    \1\ Includes vessels licensed under French domestic law and 
vessels licensed under South African domestic law.
    \2\ This paragraph does not apply to vessels licensed under 
French domestic law in the EEZs surrounding Kerguelen and Crozet 
Islands.
    \3\ This paragraph does not apply to vessels licensed under 
South African domestic law in the EEZs surrounding Prince Edward 
Islands.

Annex 10-04/A

VMS Data Format

`Position', `Exit' and `Entry' Reports/Messages
Data element Field code.
Mandatory/Optional Remarks.
Start record SR M System detail; indicates start of record.
Address AD M Message detail; destination; `XCA' for CCAMLR.
Sequence number SQ M 1 Message detail; message serial 
number in current year.
Type of message TM 2 M Message detail; message type, 
`POS' as position report/message to be communicated by VMS or other 
means by vessels with a defective satellite tracking device.
Radio call sign RC M Vessel registration detail; international radio 
call sign of the vessel.
Trip number TN O Activity detail; fishing trip serial number in 
current year.
Vessel name NA M Vessel registration detail; name of the vessel.
Contracting Party internal reference number IR O Vessel registration 
detail. Unique Contracting Party vessel number as ISO-3 Flag State 
code followed by number.
External registration number XR O Vessel registration detail; the 
side number of the vessel.
Latitude LA M 3 Activity detail; position.
Longitude LO M 3 Activity detail; position.
Latitude (decimal) LT M 4 Activity detail; position.
Longitude (decimal) LG M 4 Activity detail; position.
Date DA M Message detail; position date.
Time TI M Message detail; position time in UTC.
End of record ER M System detail; indicates end of the record.

    1 Optional in case of a VMS message.
    2 Type of message shall be `ENT' for the first VMS 
message from the Convention Area as detected by the FMC of the 
Contracting Party, or as directly submitted by the vessel. Type of 
message shall be `EXI' for the first VMS message from outside the 
Convention Area as detected by the FMC of the Contracting Party or 
as directly submitted by the vessel, and the values for latitude and 
Longitude are, in this type of message, optional. Type of message 
shall be `MAN' for reports communicated by vessels with a defective 
satellite tracking device.
    3 Mandatory for manual messages.
    4 Mandatory for VMS messages.

Annex 10-04/B

Provisions on Secure and Confidential Treatment of Electronic Reports 
and Messages Transmitted Pursuant to Conservation Measure 10-04

1. Field of Application
    1.1 The provisions set out below shall apply to all VMS reports and 
messages transmitted and received pursuant to Conservation Measure 10-
04.
2. General Provisions
    2.1 The CCAMLR Secretariat and the appropriate authorities of 
Contracting Parties transmitting and receiving VMS reports and messages 
shall take all necessary measures to comply with the security and 
confidentiality provisions set out in sections 3 and 4.
    2.2 The CCAMLR Secretariat shall inform all Contracting Parties of 
the measures taken in the Secretariat to comply with these security and 
confidentiality provisions.
    2.3 The CCAMLR Secretariat shall take all the necessary steps to 
ensure that the requirements pertaining to the deletion of VMS reports 
and messages handled by the Secretariat are complied with.
    2.4 Each Contracting Party shall guarantee the CCAMLR Secretariat 
the right to obtain as appropriate, the rectification of reports and 
messages or the erasure of VMS reports and messages, the processing of 
which does not comply with the provisions of Conservation Measure 10-
04.
3. Provisions on Confidentiality
    3.1 All requests for data must be made to the CCAMLR Secretariat in 
writing.
    3.2 In cases where the CCAMLR Secretariat is required to seek the 
permission of the Flag State before releasing VMS reports and messages 
to another Party, the Flag State shall respond to the Secretariat as 
soon as possible but in any case within two working days.
    3.3 Where the Flag State chooses not to give permission for the 
release of VMS reports and messages, the Flag State shall, in each 
instance, provide a written report within 10 working days to the 
Commission outlining the reasons why it chooses not to permit data to 
be released. The CCAMLR Secretariat shall place any report so provided, 
or notice that no report was received, on a password-protected part of 
the CCAMLR Web site.
    3.4 VMS reports and messages shall only be released and used for 
the purposes stipulated in paragraph 18 of Conservation Measure 10-04.
    3.5 VMS reports and messages released pursuant to paragraphs 20, 21 
and 22 of Conservation Measure 10-04 shall provide details of: name of 
vessel, date and time of position report, and latitude and longitude 
position at time of report.
    3.6 Regarding paragraph 21 each inspecting Contracting Party shall 
make available VMS reports and messages and positions derived therefrom 
only to their inspectors designated under the CCAMLR System of 
Inspection. VMS reports and messages shall be transmitted to their 
inspectors no more than 48 hours prior to entry into the CCAMLR, 
subarea or division where surveillance is to be conducted by the 
Contracting Party. Contracting Parties must ensure that VMS reports and 
messages are kept confidential by such inspectors.
    3.7 The CCAMLR Secretariat shall delete all the original VMS 
reports and messages referred to in section 1 from the database at the 
CCAMLR Secretariat by the end of the first calendar month following the 
third year in which the VMS reports and messages have originated. 
Thereafter the information

[[Page 3776]]

related to the catch and movement of the fishing vessels shall only be 
retained by the CCAMLR Secretariat, after measures have been taken to 
ensure that the identity of the individual vessels can no longer be 
established.
    3.8 Contracting Parties may retain and store VMS reports and 
messages provided by the Secretariat for the purposes of active 
surveillance presence, and/or inspections, until 24 hours after the 
vessels to which the reports and messages pertain have departed from 
the CCAMLR subarea or division. Departure is deemed to have been 
effected six hours after the transmission of the intention to exit from 
the CCAMLR subarea or division.
4. Provisions on Security
    4.1 Overview
    4.1.1 Contracting Parties and the CCAMLR Secretariat shall ensure 
the secure treatment of VMS reports and messages in their respective 
electronic data processing facilities, in particular where the 
processing involves transmission over a network. Contracting Parties 
and the CCAMLR Secretariat must implement appropriate technical and 
organisational measures to protect reports and messages against 
accidental or unlawful destruction or accidental loss, alteration, 
unauthorised disclosure or access, and against all inappropriate forms 
of processing.
    4.1.2 The following security issues must be addressed from the 
outset:
     System access control: The system has to withstand a 
break-in attempt from unauthorised persons.
     Authenticity and data access control: The system has to be 
able to limit the access of authorised parties to a predefined set of 
data only.
     Communication security: It shall be guaranteed that VMS 
reports and messages are securely communicated.
     Data security: It has to be guaranteed that all VMS 
reports and messages that enter the system are securely stored for the 
required time and that they will not be tampered with.
     Security procedures: Security procedures shall be designed 
addressing access to the system (both hardware and software), system 
administration and maintenance, backup and general usage of the system.
    4.1.3 Having regard to the state of the art and the cost of their 
implementation, such measures shall ensure a level of security 
appropriate to the risks represented by the processing of the reports 
and the messages.
    4.1.4 Security measures are described in more detail in the 
following paragraphs.
    4.2 System Access Control
    4.2.1 The following features are the mandatory requirements for the 
VMS installation located at the CCAMLR Data Centre:
     A stringent password and authentication system: each user 
of the system is assigned a unique user identification and associated 
password. Each time the user logs on to the system he/she has to 
provide the correct password. Even when successfully logged on the user 
only has access to those and only those functions and data that he/she 
is configured to have access to. Only a privileged user has access to 
all the data.
     Physical access to the computer system is controlled.
     Auditing: Selective recording of events for analysis and 
detection of security breaches.
     Time-based access control: access to the system can be 
specified in terms of times-of-day and days-of-week that each user is 
allowed to log on to the system.
     Terminal access control: Specifying for each workstation 
which users are allowed to access.
    4.3 Authenticity and Data Access Security
    4.3.1 Communication between Contracting Parties and the CCAMLR 
Secretariat for the purpose of Conservation Measure 10-04 shall use 
secure Internet protocols SSL, DES or verified certificates obtained 
from the CCAMLR Secretariat.
    4.4 Data Security
    4.4.1 Access limitation to the data shall be secured via a flexible 
user identification and password mechanism. Each user shall be given 
access only to the data necessary for his task.
    4.5 Security Procedures
    4.5.1 Each Contracting Party and the CCAMLR Secretariat shall 
nominate a security system administrator. The security system 
administrator shall review the log files generated by the software for 
which they are responsible, properly maintain the system security for 
which they are responsible, restrict access to the system for which 
they are responsible as deemed needed and in the case of Contracting 
Parties, also act as a liaison with the Secretariat in order to solve 
security matters.

Conservation Measure 10-05 (2004)

Catch Documentation Scheme for Dissostichus spp.

Species toothfish
Area all
Season all
Gear all

    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,
    Recognising that the implementation of a Catch Documentation Scheme 
for Dissostichus spp. (CDS) 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 CDS,
    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 
authorised representative of its flag vessels authorised to engage in 
harvesting of Dissostichus eleginoides and/or Dissostichus mawsoni 
complete a

[[Page 3777]]

Dissostichus catch document (DCD) 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 DCD. The landing of 
Dissostichus spp. without a catch document is prohibited.
    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 authorisation to do so. Each 
Contracting Party shall provide DCD forms to each of its flag vessels 
authorised 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 DCD 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 DCD 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 licence 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;
    (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 DCDs 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 DCD(s) and, where appropriate, 
validated re-export document(s) that account for all the Dissostichus 
spp. contained in the shipment. The import, export or re-export of 
Dissostichus spp. without a catch document is prohibited.
    9. An export-validated DCD 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;
    (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 DCD(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 information contained in a DCD 
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 DCDs 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 DCDs 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 e-
mail addresses) responsible for issuing and validating DCDs.
    14. Notwithstanding the above, any Contracting Party, or any non-
Contracting Party participating in the CDS, 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.
    15. If, following an examination under paragraph 10, questions 
under paragraph 11 or requests for additional verification of documents 
under paragraph 14, it is determined, after consultation with the 
States concerned, that a catch document is invalid, the import, export 
or re-export of Dissostichus spp. being the subject of the document is 
prohibited.
    16. 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.
    17. 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.

    \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 tonnes for an entire fishing trip by a vessel.

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;

[[Page 3778]]

    (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 licence 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;
    (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 \1\ 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 paragraph 1 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 authorisation 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.
    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 authorised 
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 authorised 
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 authorised representative 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.
    A6. In respect of each landing or transhipment, the master or 
authorised 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 authorised 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 
authorised 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

[[Page 3779]]

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;
    (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);
    (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.
    The standard form for re-export is attached to this annex.

    \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 tonnes for an entire fishing trip by a vessel.

Dissostichus Catch Document V 1.4

Document Number Flag State Confirmation Number

Production Section

1. Issuing Authority of Document
    Name Address Tel:
    Fax:
2. Fishing Vessel Name Home Port & Registration Number Call Sign 
IMO/Lloyd's Number (if issued)
3. Licence Number (if issued) Fishing dates for catch under this 
document
4. From:
5. To:
6. Description of Fish (Landed/Transhipped)
7. Description of Fish Sold
    Species Type Estimated
    Weight to be Landed (kg)
    Area Caught*
    Verified Weight Landed (kg)
    Net Weight Sold (kg)
    Recipient name, address, telephone, fax and signature.
    Recipient Name:
    Signature:
    Address:
    Tel:
    Fax:
    Species: TOP Dissostichus eleginoides, TOA Dissostichus mawsoni
    Type: WHO Whole; HAG Headed and gutted; HAT Headed and tailed; 
FLT Fillet; HGT Headed, gutted, tailed; OTH Other (specify)
    8. Landing/Transhipment Information: I certify that the above 
information is complete, true and correct. If any Dissostichus spp. 
was taken in the Convention Area, I certify that it was taken in a 
manner which is consistent with CCAMLR conservation measures:
    Master of Fishing Vessel or Authorised Representative (print in 
block letters)
    Signature and Date Landing/Transhipment
    Port and Country/Area
    Date of Landing/Transhipment
    9. Certificate of Transhipments: I certify that the above 
information is complete, true and correct to the best of my 
knowledge. Master of Receiving Vessel Signature Vessel Name Call 
Sign IMO/Lloyds Number (if issued)
    Transhipment within a Port Area: countersignature by Port 
Authority if appropriate.
    Name Authority Signature Seal (Stamp)
    10. Certificate of Landing: I certify that the above information 
is complete, true and correct to the best of my knowledge.
    Name Authority Signature Address Tel. Port of Landing Date of 
Landing Seal (Stamp)
    11. Export Section 12. Exporter Declaration: I certify that the 
above information is complete, true and correct Description of Fish 
to the best of my knowledge.
    Species Product
    Type
    Net Weight Name Address Signature Export Licence (if issued)
    13. Export Government Authority Validation: I certify that the 
above information is complete, true and correct to the best of my 
knowledge.
    Name/Title Signature Date Seal (Stamp)
    Country of export Export reference number
    14. Import Section
    Name of Importer Address
    Point of Unlading: City State/Province Country
    *Report FAO Statistical Area/Subarea/Division where catch was 
taken and indicate whether the catch was taken on the high seas or 
within an EEZ.

Dissostichus Re-Export Document V1.1

Re-Export Section Re-Exporting Country

    1. Description of Fish
    Species Type of Product Net Weight
    Exported (kg)
    Dissostichus Catch Document
    Number Attached
    Species: TOP Dissostichus eleginoides, TOA Dissostichus mawsoni
    Type: WHO Whole; HAG Headed and gutted; HAT Headed and tailed; 
FLT Fillet; HGT Headed, gutted, tailed; OTH Other (specify)
    2. Re-Exporter Certification: I certify that the above 
information is complete, true and correct to the best of my 
knowledge and that the above product comes from product certified by 
the attached Dissostichus Catch Document(s).
    Name Address Signature Date Export Licence (if issued)
    3. Re-Export Government Authority Validation: I certify that the 
above information is complete, true, and correct to the best of my 
knowledge.
    Name/Title Signature Date Seal (Stamp)
    4. Import Section
    Name of Importer Address
    Point of Unlading: City State/Province Country

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 routine 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 
itemised 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 make recommendations to the Commission on 
whether to fund special projects or special needs. The Review Panel 
will operate by email

[[Page 3780]]

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.
    (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 10-06 (2004)

Scheme To Promote Compliance by Contracting Party Vessels With CCAMLR 
Conservation Measures
Species all
Area all
Season all
Gear all

    The Commission,
    Convinced that illegal, unregulated and unreported (IUU) fishing 
compromises the primary objectives of the Convention,
    Aware that a significant number of vessels registered to Parties 
and non-Parties are engaged in fishing operations in the Convention 
Area in a manner which diminishes the effectiveness of CCAMLR 
conservation measures,
    Recalling that Parties are required to cooperate in taking 
appropriate action to deter any fishing activities which are not 
consistent with the objective of the Convention,
    Resolved to reinforce its integrated administrative and political 
measures aimed at eliminating IUU fishing in the Convention Area,
    Hereby adopts the following conservation measure in accordance with 
Article IX.2(i) of the Convention:
    1. At each annual meeting, the Commission will identify those 
Contracting Parties whose vessels have engaged in fishing activities in 
the Convention Area in a manner which has diminished the effectiveness 
of CCAMLR conservation measures in force, and shall establish a list of 
such vessels (IUU Vessel List), in accordance with the procedures and 
criteria set out hereafter.
    2. This identification shall be documented, inter alia, on reports 
relating to the application of Conservation Measure 10-03, trade 
information obtained on the basis of the implementation of Conservation 
Measure 10-05 and relevant trade statistics such as FAO and other 
national or international verifiable statistics, as well as any other 
information obtained from Port States and/or gathered from the fishing 
grounds which is suitably documented.
    3. Where a Contracting Party obtains information that vessels 
flying the flag of another Contracting Party have engaged in activities 
set out in paragraph 5, it shall submit a report containing this 
information, within 30 days of having become aware of it, to the 
Executive Secretary and the Contracting Party concerned. Contracting 
Parties shall indicate that the information is provided for the 
purposes of Conservation Measure 10-06.
    4. For the purposes of this conservation measure, the Contracting 
Parties are considered as having carried out fishing activities that 
have diminished the effectiveness of the conservation measures adopted 
by the Commission if:
    (i) The Parties do not ensure compliance by their vessels with the 
conservation measures adopted by the Commission and in force, in 
respect of the fisheries in which they participate that are placed 
under the competence of CCAMLR;
    (ii) Their vessels are repeatedly included in the IUU Vessel List.
    5. In order to establish the IUU Vessel List, evidence, gathered in 
accordance with paragraphs 2 and 3, shall be required that vessels 
flying the flag of the Contracting Party concerned have:
    (i) Engaged in fishing activities in the CCAMLR Convention Area 
without a licence issued in accordance with Conservation Measure 10-02, 
or in violation of the conditions under which such licence would have 
been issued in relation to authorised areas, species and time periods; 
or
    (ii) Did not record or did not declare their catches made in the 
CCAMLR Convention Area in accordance with the reporting system 
applicable to the fisheries they engaged in, or made false 
declarations; or
    (iii) Fished during closed fishing periods or in closed areas in 
contravention of CCAMLR conservation measures; or
    (iv) Used prohibited gear in contravention of applicable CCAMLR 
conservation measures; or
    (v) Transhipped or participated in joint fishing operations with, 
supported or re-supplied other vessels identified by CCAMLR as carrying 
out IUU fishing activities (i.e. on the IUU Vessel List or in 
Conservation Measure 10-07); or
    (vi) Engaged in fishing activities in a manner that undermines the 
attainment of the objectives of the Convention in waters adjacent to 
islands within the area to which the Convention applies over which the 
existence of State sovereignty is recognised by all Contracting 
Parties, in the terms of the statement made by the Chairman on 19 May 
1980; or
    (vii) Engaged in fishing activities contrary to any other CCAMLR 
conservation measures in a manner that undermines the attainment of the 
objectives of the Convention according to Article XXII of the 
Convention.
    6. The draft IUU Vessel List, Provisional IUU Vessel List, Proposed 
IUU Vessel List and the IUU Vessel List shall contain the following 
details:
    (i) Name of vessel and previous names, if any, during the preceding 
calendar year;
    (ii) Flag of vessel and previous flags, if any, during the 
preceding calendar year;

[[Page 3781]]

    (iii) Owner of vessel and previous owners, if any, during the 
preceding calendar year;
    (iv) Operator of vessel and previous operators, if any, during the 
preceding calendar year;
    (v) Call sign of vessel and previous call signs, if any, during the 
preceding calendar year;
    (vi) Lloyds/IMO number;
    (vii) Photographs of the vessel, where available;
    (viii) Summary of activities which justify inclusion of the vessel 
on the List, together with references to all relevant documents 
informing of and evidencing those activities.
    7. The Executive Secretary shall, before 1 July of each year, draw 
up a draft list of Contracting Party vessels that, on the basis of the 
information gathered in accordance with paragraphs 2 and 3, for the 
period beginning 30 days before the start of the previous CCAMLR annual 
meeting, the criteria defined in paragraph 4, and any other information 
that the Secretariat might have obtained in relation thereto, might be 
presumed to have carried out IUU fishing activities in the CCAMLR 
Convention Area. The Draft IUU Vessel List shall be distributed 
immediately to the Contracting Parties concerned.
    8. Contracting Parties whose vessels are included in the Draft IUU 
Vessel List will transmit before 1 September to CCAMLR, their comments, 
as appropriate, including verifiable VMS data and other supporting 
information showing that the vessels listed have neither engaged in 
fishing activities in contravention of CCAMLR conservation measures nor 
had the possibility of being engaged in fishing activities in the 
Convention Area.
    9. On the basis of the information received pursuant to paragraph 
8, the Executive Secretary shall distribute the Draft IUU Vessel List 
and all comments received as a Provisional IUU Vessel List, which shall 
be transmitted before 1 October to all Contracting Parties and non-
Contracting Parties cooperating with the Commission by participating in 
the Catch Documentation Scheme for Dissostichus spp. (CDS), together 
with the IUU Vessel List agreed at the previous CCAMLR annual meeting, 
and any evidence or documented information received since that meeting 
regarding vessels on the Provisional IUU Vessel List or IUU Vessel 
List.
    10. Contracting Parties shall submit to the Executive Secretary any 
additional information which might be relevant for the establishment of 
the IUU Vessel List within 30 days of having become aware of such 
information and at the latest 30 days before the start of the CCAMLR 
meeting. A report containing this information shall be submitted in the 
format set out in paragraph 6, and Contracting Parties shall indicate 
that the information is provided for the purposes of Conservation 
Measure 10-06. The Secretariat shall collate all information received 
and, where this has not been provided in relation to a vessel, attempt 
to obtain the information in paragraphs 6(i) to (vii).
    11. The Executive Secretary shall invite non-Contracting Parties 
cooperating with the Commission by participating in the CDS to submit 
any evidence or documented information regarding vessels on the 
Provisional IUU Vessel List and IUU Vessel List.
    12. The Executive Secretary shall circulate to Contracting Parties, 
at the latest 30 days before the start of the CCAMLR annual meeting, 
all evidence or documented information received under paragraphs 10 and 
11, together with any other evidence or documented information received 
in terms of paragraphs 2 and 3.
    13. At each CCAMLR annual meeting, the Standing Committee on 
Implementation and Compliance (SCIC) shall, by consensus:
    (i) Adopt a Proposed IUU Vessel List, following consideration of 
the Provisional IUU Vessel List and information and evidence circulated 
under paragraph 12. The Proposed IUU Vessel List shall be submitted to 
the Commission for approval;
    (ii) Recommend to the Commission which, if any, vessels should be 
removed from the IUU Vessel List adopted at the previous CCAMLR annual 
meeting, following consideration of that List and information and 
evidence circulated under paragraph 12.
    14. SCIC shall include vessels on the Proposed IUU Vessel List only 
if one or more of the criteria in paragraph 5 have been satisfied.
    15. SCIC shall recommend that the Commission should remove vessels 
from the IUU Vessel List if the Contracting Party proves that:
    (i) The vessel did not take part in IUU fishing activities 
described in paragraph 1; or
    (ii) It has taken effective action in response to the IUU fishing 
activities in question, including prosecution and imposition of 
sanctions of adequate severity; or
    (iii) 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
    (iv) The Contracting Party 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.
    16. In order to facilitate the work of SCIC and the Commission, the 
Secretariat shall prepare a paper for each CCAMLR annual meeting, 
summarising and annexing all the information, evidence and comments 
submitted in respect of each vessel to be considered.
    17. On approval of the IUU Vessel List, the Commission shall 
request Contracting Parties whose vessels appear thereon to take all 
necessary measures to address these IUU fishing activities, including 
if necessary, the withdrawal of the registration or of the fishing 
licences of these vessels, the nullification of the relevant catch 
documents and denial of further access to the CDS, and to inform the 
Commission of the measures taken in this respect.
    18. Contracting Parties shall take all necessary measures, to the 
extent possible in accordance with their applicable laws and 
regulations, in order that:
    (i) The issuance of a licence to vessels appearing in the IUU 
Vessel List to fish in the Convention Area is prohibited;
    (ii) The issuance of a licence to vessels included in the IUU 
Vessel List to fish in waters under their fisheries jurisdiction is 
prohibited;
    (iii) Fishing vessels, support vessels, mother-ships and cargo 
vessels flying their flag do not participate in any transhipment or 
joint fishing operations, support or re-supply vessels registered on 
the IUU Vessel List;
    (iv) Vessels appearing in the IUU Vessel List that enter ports 
voluntarily are not authorised to land or tranship therein and are 
inspected in accordance with Conservation Measure 10-03 on so entering;
    (v) The chartering of vessels included in the IUU Vessel List is 
prohibited;
    (vi) Granting of their flag to vessels appearing in the IUU Vessel 
List is refused;
    (vii) Imports of Dissostichus spp. from vessels included in the IUU 
Vessel List are prohibited;
    (viii) `Export or Re-export Government Authority Validation' is not 
certified when the shipment (of Dissostichus spp.) is declared to have 
been caught by any vessel included in the IUU Vessel List;
    (ix) 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;

[[Page 3782]]

    (x) Any appropriate information which is suitably documented 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;
    (xi) They do not register or de-register vessels that have been 
placed on the Provisional IUU List until such time as the Commission 
has had the opportunity to examine the List and has made its 
determination;
    (xii) They inform, where possible, the proposed new flag State of 
the vessel that the vessel is on the Provisional IUU List and urge that 
State not to register the vessel.
    19. The Executive Secretary shall place the IUU Vessel List 
approved by the Commission on the CCAMLR Web site. Furthermore, the 
Executive Secretary shall communicate the IUU Vessel List to the Food 
and Agriculture Organization (FAO) and appropriate regional fisheries 
management organisations to enhance cooperation between CCAMLR and 
these organisations for the purposes of preventing, deterring and 
eliminating IUU fishing.
    20. If Contracting Parties obtain new or changed information for 
vessels on the IUU Vessel List in relation to the details in paragraphs 
6(i) to (vii), they shall notify the Executive Secretary who shall 
place a notification on the secure section of the CCAMLR Web site. If 
there are no comments on the information within seven (7) days, the 
Secretariat will revise the IUU Vessel List.
    21. Without prejudice to the rights of Flag States and Coastal 
States to take proper action consistent with international law, 
Contracting Parties should not take any trade measures or other 
sanctions which are inconsistent with their international obligations 
against vessels using as the basis for the action the fact that the 
vessel or vessels have been included in the draft list drawn up by the 
Secretariat, pursuant to paragraph 7.
    22. The Chair of the Commission shall request the Contracting 
Parties identified pursuant to paragraph 1 to take all necessary 
measures to avoid diminishing the effectiveness of the CCAMLR 
conservation measures resulting from their vessels' activities, and to 
advise the Commission of actions taken in that regard.
    23. The Commission shall review, at subsequent annual meetings, as 
appropriate, action taken by those Contracting Parties to which 
requests have been made pursuant to paragraph 22, and identify those 
which have not rectified their fishing activities.
    24. The Commission shall decide appropriate measures to be taken in 
respect to Dissostichus spp. so as to address these issues with those 
identified Contracting Parties. In this respect, 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.
    25. The Secretariat shall circulate to non-Contracting Parties 
cooperating with the Commission by participating in the CDS:
    (i) The Provisional IUU List, together with the request that, to 
the extent possible in accordance with their applicable laws and 
regulations, they do not register, or de-register vessels that have 
been placed on the list until such time as the Commission has had the 
opportunity to examine the Provisional IUU Vessel List and has made its 
determination;
    (ii) The IUU Vessel List, together with the request, to the extent 
possible in accordance with their applicable laws and regulations, that 
they do not register vessels that have been placed on the List unless 
they are removed from the List by the Commission.

Conservation Measure 21-02 (2004) 1, 2

Exploratory Fisheries
Species all
Area all
Season all
Gear all

    The Commission,
    Recognising that in the past, some Antarctic fisheries had been 
initiated and subsequently expanded in the Convention Area before 
sufficient information was available upon which to base management 
advice,
    Agreeing that exploratory fishing should not be allowed to expand 
faster than the acquisition of information necessary to ensure that the 
fishery can and will be conducted in accordance with the principles set 
forth in Article II,
    Hereby adopts the following conservation measure in accordance with 
Article IX of the Convention:
    1. For the purposes of this conservation measure, exploratory 
fisheries are defined as follows:
    (i) An exploratory fishery shall be defined as a fishery that was 
previously classified as a `new fishery', as defined by Conservation 
Measure 21-01;
    (ii) An exploratory fishery shall continue to be classified as such 
until sufficient information is available:
    (a) To evaluate the distribution, abundance, and demography of the 
target species, leading to an estimate of the fishery's potential 
yield;
    (b) To review the fishery's potential impacts on dependent and 
related species;
    (c) To allow the Scientific Committee to formulate and provide 
advice to the Commission on appropriate harvest catch levels, as well 
as effort levels and fishing gear, where appropriate.
    2. To ensure that adequate information is made available to the 
Scientific Committee for evaluation, during the period when a fishery 
is classified as exploratory, the Scientific Committee shall develop 
(and update annually as appropriate) a Data Collection Plan, which 
should include research proposals, as appropriate. This shall identify 
the data needed and describe any operational research actions necessary 
to obtain the relevant data from the exploratory fishery to enable an 
assessment of the stock to be made.
    3. The Data Collection Plan shall include, where appropriate:
    (i) A description of the catch, effort, and related biological, 
ecological, and environmental data required to undertake the 
evaluations described in paragraph 1(ii), and the date by which such 
data are to be reported annually to CCAMLR;
    (ii) A plan for directing fishing effort during the exploratory 
phase to permit the acquisition of relevant data to evaluate the 
fishery potential and the ecological relationships among harvested, 
dependent, and related populations and the likelihood of adverse 
impacts;
    (iii) Where appropriate, a plan for the acquisition of any other 
research data by fishing vessels, including activities that may require 
the cooperative activities of scientific observers and the vessel, as 
may be required for the Scientific Committee to evaluate the fishery 
potential and the ecological relationships among harvested,

[[Page 3783]]

dependent, and related populations and the likelihood of adverse 
impacts;
    (iv) An evaluation of the time-scales involved in determining the 
responses of harvested, dependent and related populations to fishing 
activities.
    4. The Commission shall annually determine a precautionary catch 
limit at a level not substantially above that necessary to obtain the 
information specified in the Data Collection Plan and required to 
undertake the evaluations described in paragraph 1(ii);
    5. Any Member proposing to participate in an exploratory fishery 
shall:
    (i) Notify its intention to the Commission not less than three 
months in advance of the next regular meeting of the Commission. This 
notification shall include the information prescribed in paragraph 4 of 
Conservation Measure 10-02 in respect of vessels proposing to 
participate in the fishery, with the exception that the notification 
shall not be required to specify the time periods authorised for 
fishing referred to in subparagraph 4(ii) of Conservation Measure 10-
02. Members shall, to the extent practicable, also provide in their 
notification the additional information detailed in paragraph 5 of 
Conservation Measure 10-02 in respect to each fishing vessel notified. 
Members are not hereby exempted from their obligations under 
Conservation Measure 10-02 to submit any necessary updates to vessel 
and licence details within the deadline established therein as of 
issuance of the licence to the vessel concerned.
    (ii) Prepare and submit to CCAMLR by a specified date a Fishery 
Operations Plan for the fishing season, for review by the Scientific 
Committee and the Commission. The Fishery Operations Plan shall include 
as much of the following information as the Member is able to provide, 
so as to assist the Scientific Committee in its preparation of the Data 
Collection Plan:
    (a) The nature of the exploratory fishery, including target 
species, methods of fishing, proposed region and maximum catch levels 
proposed for the forthcoming season;
    (b) Biological information on the target species from comprehensive 
research/survey cruises, such as distribution, abundance, demographic 
data, and information on stock identity;
    (c) Details of dependent and related species and the likelihood of 
their being affected by the proposed fishery;
    (d) Information from other fisheries in the region or similar 
fisheries elsewhere that may assist in the evaluation of potential 
yield;
    (iii) Provide a commitment, in its proposal, to implement any Data 
Collection Plan developed by the Scientific Committee for the fishery.
    6. On the basis of the information submitted in accordance with 
paragraph 5, and taking into account the advice and evaluation provided 
by the Scientific Committee and SCIC, the Commission shall annually 
consider adoption of relevant conservation measures for each 
exploratory fishery.
    7. The Commission shall not consider a notification by a Member 
unless the information required by paragraph 5 has been submitted by 
the due date.
    8. Notwithstanding paragraph 7, Members shall be entitled under 
Conservation Measure 10-02 to authorise participation in an exploratory 
fishery a vessel other than that identified by the Commission in 
accordance with paragraph 5 if the notified vessel is prevented from 
participation due to legitimate operational or force majeure reasons. 
In such circumstances the Member concerned shall immediately inform the 
Secretariat thereof providing:
    (i) Full details of the intended replacement vessel(s) as 
prescribed in subparagraph 5(i);
    (ii) A comprehensive account of the reasons justifying the 
replacement and any relevant supporting evidence or references.
    The Secretariat shall immediately circulate this information to all 
Members.
    9. Members whose vessels participate in exploratory fisheries in 
accordance with paragraphs 5 and/or 8 shall:
    (i) Ensure that their vessels are equipped and configured so that 
they can comply with all relevant conservation measures;
    (ii) Ensure that each vessel carries a CCAMLR-designated scientific 
observer to collect data in accordance with the Data Collection Plan, 
and to assist in collecting biological and other relevant data;
    (iii) Annually (by the specified date) submit to CCAMLR the data 
specified by the Data Collection Plan;
    (iv) Be prohibited from continuing participation in the relevant 
exploratory fishing if the data specified in the Data Collection Plan 
have not been submitted to CCAMLR for the most recent season in which 
fishing occurred, until the relevant data have been submitted to CCAMLR 
and the Scientific Committee has been allowed an opportunity to review 
the data.
    10. A vessel on either of the IUU Vessel Lists established under 
Conservation Measures 10-06 and 10-07 shall not be permitted to 
participate in exploratory fisheries.
    11. Notifications for exploratory fisheries pursuant to the 
provisions above shall be subject to an administrative cost recovery 
scheme and shall therefore be accompanied by a payment per vessel the 
amount and refundable component of which shall be decided by the 
Commission, as well as the conditions and modalities according to which 
such payment shall be made.

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

Conservation Measure 23-01 (2004)

Five-Day Catch and Effort Reporting System
Species all
Area various
Season all
Gear various

    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 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. A Contracting Party may authorise 
each of its vessels to report directly to the Secretariat.
    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

[[Page 3784]]

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 to 
date 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 
that fishing 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, or where a vessel is authorised to 
report directly to the Secretariat, the vessel, 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 Parties of 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 
or explanation concerning the failure has been submitted.

Conservation Measure 23-06 (2004)

Data Reporting System for Krill Fisheries
Species krill
Area all
Season all
Gear all

    1. This conservation measure is invoked by the conservation 
measures to which it is attached.
    2. Catches shall be reported in accordance with the monthly catch 
and effort reporting system set out in Conservation Measure 23-03.
    3. At the end of each fishing season each Contracting Party shall 
obtain from each of its vessels the data required to complete the 
CCAMLR fine-scale catch and effort data form (trawl fisheries Form C1). 
It shall aggregate these data by 10 x 10 n mile rectangle and 10-day 
period, and transmit those data in the specified format to the 
Executive Secretary not later than 1 April of the following year.
    4. For the purposes of the fine-scale data the calendar month shall 
be divided into three 10-day reporting periods, viz: day 1 to day 10, 
day 11 day 20, day 21 to the last day of the month. These 10-day 
reporting periods are hereinafter referred to as periods A, B and C.

Conservation Measure 24-02 (2004)

Longline Weighting for Seabird Conservation
Species seabirds
Area selected
Season all
Gear longline

    In respect of fisheries in Statistical Subareas 48.6, 88.1 and 88.2 
and Statistical Divisions 58.4.1, 58.4.2, 58.4.3a, 58.4.3b and 58.5.2, 
paragraph 4 of Conservation Measure 25-02 shall not apply only where a 
vessel can demonstrate its ability to fully comply with one of the 
following protocols.
    Protocol A (for vessels monitoring longline sink rate with Time-
Depth Recorders (TDRs) and using longlines to which weights are 
manually attached):
    A1. Prior to entry into force of the licence for this fishery and 
once per fishing season prior to entering the Convention Area, the 
vessel shall, under observation by a scientific observer:
    (i) Set a minimum of two longlines of the maximum length to be used 
by the vessel in the Convention Area with a minimum of four (TDRs) on 
the middle one-third of each longline;
    (ii) Randomise TDR placement on the longline, noting that all tests 
should be applied midway between weights;
    (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 
for the longline 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 eight sample 
points (four tests on two longlines), continue the testing until such 
time as a total of eight 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 to 
the same specifications as that to be used in the Convention Area.
    A2. During fishing, for a vessel to be allowed to maintain the 
exemption to night-time setting requirements (paragraph 4 of 
Conservation Measure 25-02), regular longline sink monitoring shall be 
undertaken by the CCAMLR scientific observer. The vessel shall 
cooperate with the CCAMLR observer who shall:
    (i) Attempt to conduct a TDR test on one longline set every twenty-
four hour period;
    (ii) Every seven days place at least four TDRs on a single longline 
to determine any sink rate variation along the longline;
    (iii) Randomise TDR placement on the longline, noting that all 
tests should be applied halfway between weights;
    (iv) Calculate an individual longline sink rate for each TDR when 
returned to the vessel;
    (v) Measure the longline sink rate as an average of the time taken 
for the longline to sink from the surface (0 m) to 15 m.
    A3. The vessel shall:
    (i) Ensure that all longlines are weighted to achieve a minimum 
longline sink rate of 0.3 m/s at all times whilst operating under this 
exemption;
    (ii) Report daily to its national agency on the achievement of this 
target whilst operating under this exemption;
    (iii) Ensure that data collected from longline sink rate tests 
prior to entering the Convention Area and longline sink rate monitoring 
during fishing are recorded in the CCAMLR-approved format \1\ and 
submitted to the relevant national agency and CCAMLR Data Manager 
within two months of the vessel departing a fishery to which this 
measure applies.
    Protocol B (for vessels monitoring longline sink rate with bottle 
tests and using longlines to which weights are manually attached):
    B1. Prior to entry into force of the licence for this fishery and 
once per

[[Page 3785]]

fishing season prior to entering the Convention Area, the vessel shall, 
under observation by a scientific observer:
    (i) Set a minimum of two longlines of the maximum length to be used 
by the vessel in the Convention Area with a minimum of four bottle 
tests (see paragraphs B5 to B9) on the middle one-third of each 
longline;
    (ii) Randomise bottle test placement on the longline, noting that 
all tests should be applied midway between weights;
    (iii) Calculate an individual sink rate for each bottle test at the 
time of the test, where:
    (a) The sink rate shall be measured as the time taken for the 
longline to sink from the surface (0 m) to 10 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 eight sample 
points (four tests on two longlines), continue the testing until such 
time as a total of eight 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 to 
the same specifications as that to be used in the Convention Area.
    B2. During fishing, for a vessel to be allowed to maintain the 
exemption to night-time setting requirements (paragraph 4 of 
Conservation Measure 25-02), regular longline sink rate monitoring 
shall be undertaken by the CCAMLR scientific observer. The vessel shall 
cooperate with the CCAMLR observer who shall:
    (i) Attempt to conduct a bottle test on one longline set every 
twenty-four hour period;
    (ii) Every seven days conduct at least four bottle tests on a 
single longline to determine any sink rate variation along the 
longline;
    (iii) Randomise bottle test placement on the longline, noting that 
all tests should be applied halfway between weights;
    (iv) Calculate an individual longline sink rate for each bottle 
test at the time of the test;
    (v) Measure the longline sink rate as the time taken for the 
longline to sink from the surface (0 m) to 10 m.
    B3. The vessel shall:
    (i) Ensure that all longlines are weighted to achieve a minimum 
longline sink rate of 0.3 m/s at all times whilst operating under this 
exemption;
    (ii) Report daily to its national agency on the achievement of this 
target whilst operating under this exemption;
    (iii) Ensure that data collected from longline sink rate tests 
prior to entering the Convention Area and longline sink rate monitoring 
during fishing are recorded in the CCAMLR-approved format \1\ and 
submitted to the relevant national agency and CCAMLR Data Manager 
within two months of the vessel departing a fishery to which this 
measure applies.
    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 500-1000 ml plastic bottle \2\ 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.
    B6. Reflective tape should be wrapped around the bottle to allow it 
to be observed in low light conditions and at night.
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, \3\ midway 
between weights (the attachment point).
    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. 
\4\ The result of the test is calculated as follows:

Longline 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.
    Protocol C (for vessels monitoring longline sink rate with either 
(TDR) or bottle tests, and using internally weighted longlines with 
integrated weight of at least 50 g/m and designed to sink instantly 
with a linear profile at greater than 0.2 m/s with no external weights 
attached):
    C1. Prior to entry into force of the licence for this fishery and 
once per fishing season prior to entering the Convention Area, the 
vessel shall, under observation by a scientific observer:
    (i) Set a minimum of two longlines of the maximum length to be used 
by the vessel in the Convention Area with either a minimum of four 
TDRs, or a minimum of four bottle tests (see paragraphs B5 to B9) on 
the middle one-third of each longline;
    (ii) Randomise TDR or bottle test placement on the longline;
    (iii) Calculate an individual sink rate for each TDR when returned 
to the vessel, or for each bottle test at the time of the test, where:
    (a) The sink rate shall be measured as an average of the time taken 
for the longline to sink from the surface (0 m) to 15 m for TDRs and 
the time taken for the longline to sink from the surface (0 m) to 10 m 
for bottle tests;
    (b) This sink rate shall be at a minimum rate of 0.2 m/s;
    (iv) If the minimum sink rate is not achieved at all eight sample 
points (four tests on two longlines), continue the testing until such 
time as a total of eight tests with a minimum sink rate of 0.2 m/s are 
recorded;
    (v) 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.
    C2. During fishing, for a vessel to be allowed to maintain the 
exemption to night-time setting requirements (paragraph 4 of 
Conservation Measure 25-02), regular longline sink rate monitoring 
shall be undertaken by the CCAMLR scientific observer. The vessel shall 
cooperate with the CCAMLR observer who shall:
    (i) Attempt to conduct a TDR or bottle test on one longline set 
every twenty-four hour period;
    (ii) Every seven days conduct at least four TDR or bottle tests on 
a single longline to determine any sink rate variation along the 
longline;
    (iii) Randomise TDR or bottle test placement on the longline;
    (iv) Calculate an individual longline sink rate for each TDR when 
returned to the vessel or each bottle test at the time of the test;
    (v) Measure the longline sink rate for bottle tests as the time 
taken for the longline to sink from the surface (0 m) to 10 m, or for 
TDRs the average of the time taken for the longline to sink from the 
surface (0 m) to 15 m.
    C3. The vessel shall:
    (i) Ensure that all longlines are set so as to achieve a minimum 
longline sink rate of 0.2 m/s at all times whilst operating under this 
exemption;
    (ii) Report daily to its national agency on the achievement of this 
target whilst operating under this exemption;
    (iii) Ensure that data collected from longline sink rate tests 
prior to entering the Convention Area and longline sink rate monitoring 
during fishing are recorded in the CCAMLR-approved format\1\ and 
submitted to the relevant national agency and CCAMLR Data Manager 
within two months of the vessel departing a fishery to which this 
measure applies.

    1 Included in the scientific observer electronic 
logbook.

[[Page 3786]]

    2 A plastic water bottle that has a ``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.
    3 On autolines attach to the backbone; on the Spanish 
longline system attach to the hookline.
    4 Binoculars will make this process easier to view, 
especially in foul weather.

Conservation Measure 32-09 (2004)

Prohibition of Directed Fishing for Dissostichus spp. Except in 
Accordance With Specific Conservation Measures in the 2004/05 Season
Species toothfish
Area 48.5
Season 2004/05
Gear all

    The 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 2004 to 30 November 2005.

Conservation Measure 33-02 (2004)

Limitation of By-Catch in Statistical Division 58.5.2 in the 2004/05 
Season
Species by-catch
Area 58.5.2
Season 2004/05
Gear all

    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 2004/05 fishing season.
    2. In directed fisheries in Statistical Division 58.5.2 in the 
2004/05 season, the by-catch of Channichthys rhinoceratus shall not 
exceed 150 tonnes, the by-catch of Lepidonotothen squamifrons shall not 
exceed 80 tonnes, the by-catch of Macrourus spp. shall not exceed 360 
tonnes and the by-catch of skates and rays shall not exceed 120 tonnes. 
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 tonnes 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 
tonnes, then the fishing vessel shall not fish using that method of 
fishing at any point within 5 n miles 1 of the location 
where the by-catch exceeded 2 tonnes for a period of at least five 
days. 2 The location where the by-catch exceeded 2 tonnes is 
defined as the path 3 followed by the fishing vessel.
    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 greater than 1 tonne, 
then the fishing vessel shall not fish using that method of fishing at 
any point within 5 n miles 1 of the location where the by-
catch exceeded 1 tonne for a period of at least five days 2. 
The location where the by-catch exceeded 1 tonne is defined as the path 
3 followed by the fishing vessel.

    1 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.
    2 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.
    3 For a trawl the path is defined 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. For a longline the path is defined from the point at which 
the first anchor of a set was deployed to the point at which the 
last anchor of that set was deployed.

Conservation Measure 33-03 (2004) 1 2

Limitation of By-Catch in New and Exploratory Fisheries in the 2004/05 
Season
Species by-catch
Area various
Season 2004/05
Gear all

    1. This conservation measure applies to new and exploratory 
fisheries in all areas containing small-scale research units (SSRUs) in 
the 2004/05 season except where specific by-catch conservation measures 
apply.
    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:
     Skates and rays 5% of the catch limit of Dissostichus spp. 
or 50 tonnes whichever is greater;
     Macrourus spp. 16% of the catch limit for Dissostichus 
spp. or 20 tonnes, whichever is greater;
     All other species combined 20 tonnes.
    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 
tonne in any one haul or set, then the fishing vessel shall move to 
another location at least 5 n miles 3 distant. The fishing 
vessel shall not return to any point within 5 n miles of the location 
where the by-catch exceeded 1 tonne for a period of at least five days 
4. The location where the by-catch exceeded 1 tonne is 
defined as the path 5 followed by the fishing vessel.

    1 Except for waters adjacent to the Kerguelen and 
Crozet Islands.
    2 Except for waters adjacent to the Prince Edward 
Islands.
    3 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.
    4 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 For a trawl the path is defined 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. For a longline the path is defined from the point at which 
the first anchor of a set was deployed to the point at which the 
last anchor of that set was deployed.

Annex 33-03/A

Table 1: By-catch catch limits for new and exploratory fisheries in 
2004/05.
Subarea/Division
Region Dissostichus spp. catch limit (tonnes per region)
Skates and rays (tonnes per region)
By-catch catch limit Macrourus spp. (tonnes per region)
Other species (tonnes per SSRU)
48.6 north of 60[deg]S 455 50 73 20
south of 60[deg]S 455 50 73 20
58.4.1 whole division 600 50 96 20
58.4.2 whole division 780 50 124 20
58.4.3a whole division 250 50 26 20
58.4.3b whole division 300 50 159 20
88.1 whole subarea 3250 163 520 20
88.2 south of 65Sec.  S 375 50 60 20
Region: As defined in column 2 of this table.
Rules for catch limits for by-catch species:

Skates and rays: 5% of the catch limit for Dissostichus spp. or 50 
tonnes, which ever is greatest (SC-CAMLR-XXI, paragraph 5.76).
Macrourus spp.: 16% of the catch limit for Dissostichus spp., except 
in Divisions 58.4.3a and 58.4.3b (SC-CAMLR--XXII, paragraph 4.207).
Other species: 20 tonnes per SSRU.

Conservation Measure 41-01 (2004) 1 2

General Measures for Exploratory Fisheries for Dissostichus spp. in the 
Convention Area in the 2004/05 Season
Species
Toothfish
Area various
Season 2004/05

[[Page 3787]]

Gear longline, trawl

    The Commission hereby adopts the following conservation measure:
    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 3 and that SSRU shall be closed to fishing for the 
remainder of the season.
    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 centre-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 2004/05 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 2005 shall be reported to CCAMLR by 30 September 
2005 so that the data will be available to the meeting of the Working 
Group on Fish Stock Assessment (WG-FSA) in 2005. 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 
the consideration 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.

    1 Except for waters adjacent to the Kerguelen and 
Crozet Islands.
    2 Except for waters adjacent to the Prince Edward 
Islands.
    3 Unless otherwise specified, the catch limit for 
Dissostichus spp. shall be 100 tonnes in any SSRU except in respect 
of Subarea 88.2.

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 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 tonnes of catch for longlining, 
whichever trigger level is achieved first, or 10 tonnes 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.

[[Page 3788]]

    (v) In SSRUs A, B, C, E, and G in Statistical Subarea 88.1 where 
fishable seabed area is less than 15,000 km \2\, 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, a method for randomly subsampling the fish should be 
applied.

Figure 1: Small-scale research units for new and exploratory 
fisheries. The boundaries of these units are listed in Table 1. EEZ 
boundaries for Australia, France and South Africa are marked in 
order to address notifications for new and exploratory fisheries in 
waters adjacent to these zones. Dashed line--delineation between 
Dissostichus eleginoides and Dissostichus mawsoni.

Table 1: Description Of Small-Scale Research Units (SSRUs) (see also 
Figure 1)

Region SSRU Boundary Line

48.6 A From 50[deg]S 20[deg]W, due east to 30[deg]E, due south to 
60[deg]S, due west to 20[deg]W, due north to 50[deg]S.
B From 60[deg]S 20[deg]W, due east to 10[deg]W, due south to coast, 
westward along coast to 20[deg]W, due north to 60[deg]S.
C From 60[deg]S 10[deg]W, due east to 0[deg] longitude, due south to 
coast, westward along coast to 10[deg]W, due north to 60[deg]S.
D From 60[deg]S 0[deg] longitude, due east to 10[deg]E, due south to 
coast, westward along coast to 0[deg] longitude, due north to 
60[deg]S.
E From 60[deg]S 10[deg]E, due east to 20[deg]E, due south to coast, 
westward along coast to 10[deg]E, due north to 60[deg]S.
F From 60[deg]S 20[deg]E, due east to 30[deg]E, due south to coast, 
westward along coast to 20[deg]E, due north to 60[deg]S.

58.4.1 A From 55[deg]S 86[deg]E, due east to 150[deg]E, due south to 
60[deg]S, due west to 86[deg]E, due north to 55[deg]S.
B From 60[deg]S 86[deg]E, due east to 90[deg]E, due south to coast, 
westward along coast to 80[deg]E, due north to 64[deg]S, due east to 
86[deg]E, due north to 60[deg]S.
C From 60[deg]S 90[deg]E, due east to 100[deg]E, due south to coast, 
westward along coast to 90[deg]E, due north to 60[deg]S.
D From 60[deg]S 100[deg]E, due east to 110[deg]E, due south to 
coast, westward along coast to 100[deg]E, due north to 60[deg]S.
E From 60[deg]S 110[deg]E, due east to 120[deg]E, due south to 
coast, westward along coast to 110[deg]E, due north to 60[deg]S.
F From 60[deg]S 120[deg]E, due east to 130[deg]E, due south to 
coast, westward along coast to 120[deg]E, due north to 60[deg]S.
G From 60[deg]S 130[deg]E, due east to 140[deg]E, due south to 
coast, westward along coast to 130[deg]E, due north to 60[deg]S.
H From 60[deg]S 140[deg]E, due east to 150[deg]E, due south to 
coast, westward along coast to 140[deg]E, due north to 60[deg]S.

58.4.2 A From 62[deg]S 30[deg]E, due east to 40[deg]E, due south to 
coast, westward along coast to 30[deg]E, due north to 62[deg]S.
B From 62[deg]S 40[deg]E, due east to 50[deg]E, due south to coast, 
westward along coast to 40[deg]E, due north to 62[deg]S.
C From 62[deg]S 50[deg]E, due east to 60[deg]E, due south to coast, 
westward along coast to 50[deg]E, due north to 62[deg]S.
D From 62[deg]S 60[deg]E, due east to 70[deg]E, due south to coast, 
westward along coast to 60[deg]E, due north to 62[deg]S.
E From 62[deg]S 70[deg]E, due east to 73[deg]10'E, due south to 
64[deg]S, due east to 80[deg]E, due south to coast, westward along 
coast to 70[deg]E, due north to 62[deg]S.

58.4.3a A Whole division, from 56[deg]S 60[deg]E, due east to 
73[deg]10'E, due south to 62[deg]S, due west to 60[deg]E, due north 
to 56[deg]S.

58.4.3b A Whole division, from 56[deg]S 73[deg]10'E, due east to 
80[deg]E, due north to 55[deg]S, due east to 86[deg]S, south to 
64[deg]S, due west to 73[deg]10'E, due north to 56[deg]S.

58.4.4 A From 51[deg]S 40[deg]E, due east to 42[deg]E, due south to 
54[deg]S, due west to 40[deg]E, due north to 51[deg]S.
B From 51[deg]S 42[deg]E, due east to 46[deg]E, due south to 
54[deg]S, due west to 42[deg]E, due north to 51[deg]S.
C From 51[deg]S 46[deg]E, due east to 50[deg]E, due south to 
54[deg]S, due west to 46[deg]E, due north to 51[deg]S.
D Whole division excluding SSRUs A, B, C, and with outer boundary 
from 50[deg]S 30[deg]E, due east to 60[deg]E, due south to 62[deg]S, 
due west to 30[deg]E, due north to 50[deg]S.

58.6 A From 45[deg]S 40[deg]E, due east to 44[deg]E, due south to 
48[deg]S, due west to 40[deg]E, due north to 45[deg]S.
B From 45[deg]S 44[deg]E, due east to 48[deg]E, due south to 
48[deg]S, due west to 44[deg]E, due north to 45[deg]S.
C From 45[deg]S 48[deg]E, due east to 51[deg]E, due south to 
48[deg]S, due west to 48[deg]E, due north to 45[deg]S.
D From 45[deg]S 51[deg]E, due east to 54[deg]E, due south to 
48[deg]S, due west to 51[deg]E, due north to 45[deg]S.

58.7 A From 45[deg]S 37[deg]E, due east to 40[deg]E, due south to 
48[deg]S, due west to 37[deg]E, due north to 45[deg]S.

88.1 A From 60[deg]S 150[deg]E, due east to 170[deg]E, due south to 
65[deg]S, due west to 150[deg]E, due north to 60[deg]S.
B From 60[deg]S 170[deg]E, due east to 179[deg]E, due south to 
66[deg]40'S, due west to 170[deg]E, due north to 60[deg]S.
C From 60[deg]S 179[deg]E, due east to 170[deg]W, due south to 
70[deg]S, due west to 178[deg]W, due north to 66[deg]40'S, due west 
to 179[deg]E, due north to 60[deg]S.
D From 65[deg]S 150[deg]E, due east to 160[deg]E, due south to 
coast, westward along coast to 150[deg]E, due north to 65[deg]S.
E From 65[deg]S 160[deg]E, due east to 170[deg]E, due south to 
68[deg]30'S, due west to 160[deg]E, due north to 65[deg]S.
F From 68[deg]30'S 160[deg]E, due east to 170[deg]E, due south to 
coast, westward along coast to 160[deg]E, due north to 68[deg]30'S.
G From 66[deg]40'S 170[deg]E, due east to 178[deg]W, due south to 
70[deg]S, due west to 178[deg]50'E, due south to 70[deg]50'S, due 
west to 170[deg]E, due north to 66[deg]40'S.
H From 70[deg]50'S 170[deg]E, due east to 178[deg]50'E, due south to 
73[deg]S, due west to coast, northward along coast to 170[deg]E, due 
north to 70[deg]50'S.
I From 70[deg]S 178[deg]50'E, due east to 170[deg]W, due south to 
73[deg]S, due west to 178[deg]50'E, due north to 70[deg]S.
J From 73[deg]S at coast near 169[deg]30'E, due east to 
178[deg]50'E, due south to 80[deg]S, due west to coast, northward 
along coast to 73[deg]S.
K From 73[deg]S 178[deg]50'E, due east to 170[deg]W, due south to 
76[deg]S, due west to 178[deg]50'E, due north to 73[deg]S.
L From 76[deg]S 178[deg]50'E, due east to 170[deg]W, due south to 
80[deg]S, due west to 178[deg]50'E, due north to 76[deg]S.

88.2 A From 60[deg]S 170[deg]W, due east to 160[deg]W, due south to 
coast, westward along coast to 170[deg]W, due north to 60[deg]S.
B From 60[deg]S 160[deg]W, due east to 150[deg]W, due south to 
coast, westward along coast to 160[deg]W, due north to 60[deg]S.
C From 60[deg]S 150[deg]W, due east to 140[deg]W, due south to 
coast, westward along coast to 150[deg]W, due north to 60[deg]S.
D From 60[deg]S 140[deg]W, due east to 130[deg]W, due south to 
coast, westward along coast to 140[deg]W, due north to 60[deg]S.
E From 60[deg]S 130[deg]W, due east to 120[deg]W, due south to 
coast, westward along coast to 130[deg]W, due north to 60[deg]S.
F From 60[deg]S 120[deg]W, due east to 110[deg]W, due south to 
coast, westward along coast to 120[deg]W, due north to 60[deg]S.
G From 60[deg]S 110[deg]W, due east to 105[deg]W, due south to 
coast, westward along coast to 110[deg]W, due north to 60[deg]S.

88.3 A From 60[deg]S 105[deg]W, due east to 95[deg]W, due south to 
coast, westward along coast to 105[deg]W, due north to 60[deg]S.
B From 60[deg]S 95[deg]W, due east to 85[deg]W, due south to coast, 
westward along coast to 95[deg]W, due north to 60[deg]S.
C From 60[deg]S 85[deg]W, due east to 75[deg]W, due south to coast, 
westward along coast to 85[deg]W, due north to 60[deg]S.
D From 60[deg]S 75[deg]W, due east to 70[deg]W, due south to coast, 
westward along coast to 75[deg]W, due north to 60[deg]S.

[[Page 3789]]

Annex 41-01/C

Tagging Program for Dissostichus SPP. in Exploratory Fisheries

    1. The CCAMLR scientific observer, in cooperation with the fishing 
vessel, shall be required to undertake the tagging program.
    2. This program shall apply in each exploratory longline fishery, 
and any vessel that participates in more then one exploratory fishery 
shall apply the following in each exploratory fishery in which that 
vessels fishes:
    (i) Each longline vessel shall tag and release Dissostichus spp. at 
a rate of one toothfish per tonne of green weight catch throughout the 
season according to the CCAMLR Tagging Protocol \1\. Vessels shall only 
discontinue tagging after they have tagged 500 toothfish, or leave the 
fishery having tagged one toothfish per tonne of green weight caught.
    (ii) The program shall target toothfish of all sizes in order to 
meet the tagging requirement of one toothfish per tonne of green weight 
catch. All released toothfish must 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 \1\.
    (iv) Recaptured tagged fish (i.e. fish caught that have a 
previously inserted tag) shall not be re-released, even if at liberty 
for only a short period.
    (v) All recaptured tagged fish should be biologically sampled 
(length, weight, sex, gonad stage), an electronic photograph taken if 
possible, the otoliths recovered and the tag removed.
    3. All relevant tag data and any data recording tag recaptures 
shall be reported electronically in the CCAMLR format \1\ to the CCAMLR 
Data Manager within three months of the vessel departing the 
exploratory fisheries.
    4. All relevant tag data, any data recording tag recaptures, and 
specimens (tags and otoliths) from recaptures shall also be reported 
electronically in the CCAMLR format \1\ to the relevant regional tag 
data repository as detailed in the CCAMLR Tagging Protocol (available 
at http://www.ccamlr.org).

    \1\ In accordance with the CCAMLR Tagging Protocol for 
exploratory fisheries which is available from the Secretariat and at 
http://www.ccamlr.org.

Conservation Measure 41-02 (2004)

Limits on the Fishery for Dissostichus eleginoides in Statistical 
Subarea 48.3 in the 2004/05 Season
Species toothfish
Area 48.3
Season 2004/05
Gear longline, pot

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 31-01:
    1. The fishery for Dissostichus eleginoides in Statistical Subarea 
48.3 shall be conducted by vessels using longlines and pots only.
    2. For the purpose of this fishery, the area open to the fishery is 
defined as that portion of Subarea 48.3 that lies within the area 
bounded by latitudes 52[deg]30' S and 56[deg]0' S and by longitudes 
33[deg]30'W and 48[deg]0' W.
Access
    3. A map illustrating the area defined by paragraph 2 is appended 
to this conservation measure (Annex 41-02/A). The portion of Subarea 
48.3 outside that defined above shall be closed to directed fishing for 
Dissostichus eleginoides in the 2004/05 season.
    Catch limit 4. The total catch of Dissostichus eleginoides in 
Statistical Subarea 48.3 in the 2004/05 season shall be limited to 3 
050 tonnes. The catch limit shall be further subdivided between the 
Management Areas shown in Annex 41-02/A as follows:
    Management Area A: 0 tonnes.
    Management Area B: 915 tonnes.
    Management Area C: 2 135 tonnes.
    Season 5. For the purpose of the longline fishery for Dissostichus 
eleginoides in Statistical Subarea 48.3, the 2004/05 season is defined 
as the period from 1 May to 31 August 2005, 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 2004/05 
season is defined as the period from 1 December 2004 to 30 November 
2005, or until the catch limit is reached, whichever is sooner. The 
season for longline fishing operations may be extended to 14 September 
2005 for any vessel which has demonstrated full compliance with 
Conservation Measure 25-02 in the 2003/04 season. This extension to the 
season shall 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 6. The by-catch of crab in any pot fishery undertaken 
shall be counted against the catch limit in the crab fishery in 
Statistical Subarea 48.3.
    7. The by-catch of finfish in the fishery for Dissostichus 
eleginoides in Statistical Subarea 48.3 in the 2004/05 season shall not 
exceed 152 tonnes for skates and rays and 152 tonnes for Macrourus spp. 
For the purpose of these by-catch limits, skates and rays shall be 
counted as a single species.
    8. If the by-catch of any one species is equal to or greater than 1 
tonne in any one haul or set, then the fishing vessel shall move to 
another location at least 5 n miles \1\ distant. The fishing vessel 
shall not return to any point within 5 n miles of the location where 
the by-catch exceeded 1 tonne for a period of at least five days \2\. 
The location where the by-catch exceeded 1 tonne is defined as the path 
\3\ followed by the fishing vessel.
    Mitigation 9. The operation of this fishery shall be carried out in 
accordance with Conservation Measure 25-02 so as to minimise the 
incidental mortality of seabirds in the course of fishing.
    Observers 10. 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

    11. For the purpose of implementing this conservation measure in 
the 2004/05 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.
    12. 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.
    13. 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

    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 CCAMLR Scheme of International 
Scientific Observation.

Research
Fishing

    15. Research fishing under the provisions of Conservation Measure 
24-01 shall be limited to 10 tonnes of catch

[[Page 3790]]

and to one vessel in Management Area A shown in the map in Annex 41-02/
A during the 2004/05 season. Catches of Dissostichus eleginoides taken 
under the provisions of Conservation Measure 24-01 in the area of the 
fishery defined in this conservation measure shall be considered as 
part of the catch limit.

    \1\ 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.
    \2\ 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.
    \3\ For a longline the path is defined from the point at which 
the first anchor of a set was deployed to the point at which the 
last anchor of that set was deployed.

Annex 41-02/A

    Subarea 48.3--the area of the fishery and the three management 
areas for catch allocation in the 2004/05 season according to paragraph 
4. Latitudes and longitudes are given in degrees and minutes. 1 000 and 
2 000 m contours are shown.

40 W 43 30' W
Subarea 48.3
52 30' S
33 30' W
56 S
Management Area B
Management Area A
Management Area C
48 00' W

Conservation Measure 41-04 (2004)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Subarea 48.6 in the 2004/05 Season

Species toothfish
Area 48.6
Season 2004/05
Gear longline

    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 Japan, Republic 
of Korea and New Zealand. The fishery shall be conducted by Japanese, 
Korean and New Zealand 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 2004/05 season shall not exceed a precautionary 
catch limit of 455 tonnes north of 60[deg]S and 455 tonnes south of 
60[deg]S.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Subarea 48.6, the 2004/05 season is 
defined as the period from 1 December 2004 to 30 November 2005.
    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 4 
(night setting), which shall not apply as long as the requirements of 
Conservation Measure 24-02 are met.
    6. 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 
2004/05 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 CCAMLR 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 (2004)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Division 58.4.2 in the 2004/05 Season

Species toothfish
Area 58.4.2
Season 2004/05
Gear longline

    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 2005:
    Access 1. Fishing for Dissostichus spp. in Statistical Division 
58.4.2 shall be limited to the exploratory longline fishery by Chile, 
Republic of Korea, New Zealand, Spain and Ukraine. The fishery shall be 
conducted by one (1) Chilean, two (2) Korean, two (2) New Zealand, two 
(2) Spanish and one (1) Ukrainian flagged vessels using longlines only.
    Catch limit 2. The total catch of Dissostichus spp. in Statistical 
Division 58.4.2 in the 2004/05 season shall not exceed a precautionary 
catch limit of 780 tonnes, of which no more 260 tonnes shall be taken 
in any one of the five small-scale research units (SSRUs) as detailed 
in Annex B of Conservation Measure 41-01.
    3. Catch limits for each of the SSRUs for Statistical Division 
58.4.2, shall be as follows: A--260 tonnes; B--0 tonnes; C--260 tonnes; 
D--0 tonnes; E--260 tonnes.
    Season 4. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Division 58.4.2, the 2004/05 season is 
defined as the period from 1 December 2004 to 30 November 2005.
Fishing Operations
    5. 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 41-01, except paragraph 6.
    6. Fishing will be prohibited in depths less than 550 m in order to 
protect benthic communities.
    By-catch 7. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-03.
    Mitigation 8. 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 4 
(night setting) shall not apply, providing that vessels comply with 
Conservation Measure 24-02.

[[Page 3791]]

    9. Any vessel catching a total of three (3) seabirds shall 
immediately revert to night setting in accordance with Conservation 
Measure 25-02.
    10. There shall be no offal discharge in this fishery.
    Observers 11. 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 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 2004/05 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 CCAMLR Scheme of International 
Scientific Observation.

Conservation Measure 41-06 (2004)

Limits on the Exploratory Fishery for Dissostichus spp. on Elan Bank 
(Statistical Division 58.4.3a) Outside Areas of National Jurisdiction 
in the 2004/05 Season
Species toothfish
Area 58.4.3a
Season 2004/05
Gear longline

    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 Australia, Republic of Korea and 
Spain. The fishery shall be conducted by Australian, Korean and Spanish 
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. on Elan Bank 
(Statistical Division 58.4.3a) outside areas of national jurisdiction 
in the 2004/05 season shall not exceed a precautionary catch limit of 
250 tonnes.
    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 2004/05 season is defined as the 
period from 1 May to 31 August 2005, 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 25-02 so as to minimise the 
incidental mortality of seabirds in the course of fishing.
    6. The fishery on Elan Bank (Statistical Division 58.4.3a) outside 
areas of national jurisdiction, may take place outside the prescribed 
season (paragraph 3) provided that, prior to entry into force of the 
licence and prior to entering the Convention Area, each vessel shall 
demonstrate its capacity to comply with longline weighting as approved 
by the Scientific Committee and described in Conservation Measure 24-02 
and such data shall be reported to the Secretariat immediately.
    7. 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 2004/05 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 
2004/05 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 CCAMLR 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 41-07 (2004)

Limits on the Exploratory Fishery for Dissostichus spp. on BANZARE Bank 
(Statistical Division 58.4.3b) Outside Areas of National Jurisdiction 
in the 2004/05 Season
Species toothfish
Area 58.4.3b
Season 2004/05
Gear longline

    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 Australia, Chile, Japan, 
Republic of Korea and Spain. The fishery shall be conducted by 
Australian, Chilean, Japanese, Korean and Spanish 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. on BANZARE Bank 
(Statistical Division 58.4.3b) outside areas of national jurisdiction 
in the 2004/05 season shall not exceed a precautionary catch limit of 
300 tonnes.
    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 2004/05 season is defined 
as the period from 1 May to 31 August 2005, 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.

[[Page 3792]]

    Mitigation 5. The operation of this fishery shall be carried out in 
accordance with Conservation Measure 25-02 so as to minimise the 
incidental mortality of seabirds in the course of fishing.
    6. 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 licence 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. 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 2004/05 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 
2004/05 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 CCAMLR 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 (2004)

Limits on the Fishery for Dissostichus eleginoides in Statistical 
Division 58.5.2 in the 2004/05 Season
Species toothfish
Area 58.5.2
Season 2004/05
Gear longline, trawl

    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 2004/05 season shall be limited to 2 
787 tonnes 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 2004/05 season is 
defined as the period from 1 December 2004 to 30 November 2005, 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 2004/05 season is defined as the period from 1 May 
to 31 August 2005, or until the catch limit is reached, whichever is 
sooner. The season for longline fishing operations may be extended to 
14 September 2005 for any vessel which has demonstrated full compliance 
with Conservation Measure 25-02 in the 2003/04 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.
    Mitigation 5. The operation of the trawl fishery shall be carried 
out in accordance with Conservation Measure 25-03 so as to minimise the 
incidental mortality of seabirds and mammals through the course of 
fishing. The operation of the longline fishery shall be carried out in 
accordance with Conservation Measure 25-02, except paragraph 4 (night 
setting) shall not apply for vessels using integrated weighted lines 
(IWLs). Such vessels may deploy IWL gear during daylight hours if, 
prior to entry into force of the licence 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.
    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 
2004/05 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 CCAMLR 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;

[[Page 3793]]

    (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 centimetre 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 (2004)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Subarea 88.1 in the 2004/05 Season
Species toothfish
Area 88.1
Season 2004/05
Gear longline

    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, 
Australia, New Zealand, Norway, Russia, South Africa, Spain, Ukraine, 
UK and Uruguay. The fishery shall be conducted by a maximum in the 
season of two (2) Argentine, one (1) Australian, five (5) New Zealand, 
one (1) Norwegian, two (2) Russian, two (2) South African, two (2) 
Spanish, one (1) Ukrainian, one (1) UK and four (4) Uruguayan flagged 
vessels using longlines only.
    Catch limit 2. The total catch of Dissostichus spp. in Statistical 
Subarea 88.1 in the 2004/05 season shall not exceed a precautionary 
catch limit of 3 250 tonnes. Catch limits for each of the SSRUs, as 
defined in Conservation Measure 41-01, Annex B for Statistical Subarea 
88.1, shall be as follows: A--0 tonnes; B--80 tonnes; C--223 tonnes; 
D--0 tonnes; E--57 tonnes; F--0 tonnes; G--83 tonnes; H--786 tonnes; 
I--776 tonnes; J--316 tonnes; K--749 tonnes; L--180 tonnes.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Subarea 88.1, the 2004/05 season is 
defined as the period from 1 December 2004 to 31 August 2005.

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 4 
(night setting), which shall not apply as long as the requirements of 
Conservation Measure 24-02 are met.
    7. 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 2004/05 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 CCAMLR Scheme of International 
Scientific Observation.
    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);
    (v) Sewage within 12 n miles of land or ice shelves, or sewage 
while the ship is travelling at a speed of less than 4 knots; or
    (vi) Incineration ash.
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.

[[Page 3794]]

Conservation Measure 41-10 (2004)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Subarea 88.2 in the 2004/05 Season
Species toothfish
Area 88.2
Season 2004/05
Gear longline

    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, New 
Zealand, Norway and Russia. The fishery shall be conducted by a maximum 
in the season of two (2) Argentine, five (5) New Zealand, one (1) 
Norwegian and two (2) Russian 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 2004/05 season shall not exceed a 
precautionary catch limit of 375 tonnes.
    Season 3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Subarea 88.2, the 2004/05 season is 
defined as the period from 1 December 2004 to 31 August 2005.
    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 4 
(night setting), which shall not apply as long as the requirements of 
Conservation Measure 24-02 are met.
    7. 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 2004/05 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.
64
    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 CCAMLR Scheme of International 
Scientific Observation.

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);
    (v) Sewage within 12 n miles of land or ice shelves, or sewage 
while the ship is travelling at a speed of less than 4 knots; or
    (vi) Incineration ash.
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 (2004)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Division 58.4.1 in the 2004/05 Season

Species toothfish
Area 58.4.1
Season 2004/05
Gear longline

    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 2005:
    Access 1. Fishing for Dissostichus spp. in Statistical Division 
58.4.1 shall be limited to the exploratory longline fishery by Chile, 
Republic of Korea, New Zealand, Spain and Ukraine. The fishery shall be 
conducted by two (2) Chilean, two (2) Korean, two (2) New Zealand, two 
(2) Spanish and one (1) Ukrainian flagged vessels using longlines only.
    Catch limit 2. The total catch of Dissostichus spp. in Statistical 
Division 58.4.1 in the 2004/05 season shall not exceed a precautionary 
catch limit of 600 tonnes, of which no more than 200 tonnes shall be 
taken in any one of the eight small-scale research units (SSRUs) as 
detailed in Annex B of Conservation Measure 41-01.
    3. Catch limits for each of the SSRUs for Statistical Division 
58.4.1, shall be as follows: A--0 tonnes; B--0 tonnes; C--200 tonnes; 
D--0 tonnes; E--200 tonnes; F--0 tonnes; G--200 tonnes; H--0 tonnes.
    Season 4. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Division 58.4.1, the 2004/05 season is 
defined as the period from 1 December 2004 to 30 November 2005.
Fishing Operations
    5. 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 41-01, except paragraph 6.
    6. Fishing will be prohibited in depths less than 550 m in order to 
protect benthic communities.
    By-catch 7. The by-catch in this fishery shall be regulated as set 
out in Conservation Measure 33-03.
    Mitigation 8. 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 4 
(night setting) shall not apply, providing that vessels

[[Page 3795]]

comply with Conservation Measure 24-02.
    9. Any vessel catching a total of three (3) seabirds shall 
immediately revert to night setting in accordance with Conservation 
Measure 25-02.
    10. There shall be no offal discharge in this fishery.
    Observers 11. 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 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 2004/05 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 CCAMLR Scheme of International 
Scientific Observation.

Conservation Measure 42-01 (2004)

Limits on the Fishery for Champsocephalus gunnari in Statistical 
Subarea 48.3 in the 2004/05 Season
Species icefish
Area 48.3
Season 2004/05
Gear trawl

    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 2004/05 season shall be limited to 3 
574 tonnes. The total catch of Champsocephalus gunnari taken in the 
period 1 March to 31 May shall be limited to 894 tonnes.
    4. Where any haul contains more than 100 kg of Champsocephalus 
gunnari, and more than 10% of the Champsocephalus gunnari by number are 
smaller than 240 mm total length, the fishing vessel shall move to 
another fishing location at least 5 n miles distant \1\. The fishing 
vessel shall not return to any point within 5 n miles of the location 
where the catch of small Champsocephalus gunnari exceeded 10%, for a 
period of at least five days \2\. The location where the catch of small 
Champsocephalus gunnari exceeded 10% is defined as the path followed by 
the fishing vessel from the point at which the fishing gear was first 
deployed from the fishing vessel to the point at which the fishing gear 
was retrieved by the fishing vessel.
    Season 5. For the purpose of the trawl fishery for Champsocephalus 
gunnari in Statistical Subarea 48.3, the 2004/05 season is defined as 
the period from 15 November 2004 to 14 November 2005, or until the 
catch limit is reached, whichever is sooner.
    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
     Is greater than 100 kg and exceeds 5% of the total catch 
of all fish by weight, or
     Is equal to or greater than 2 tonnes, then the fishing 
vessel shall move to another location at least 5 n miles distant \1\. 
The fishing vessel shall not return to any point within 5 n miles of 
the location where the by-catch of species named in Conservation 
Measure 33-01 exceeded 5% for a period of at least five days \2\. The 
location where the by-catch exceeded 5% is defined as the path followed 
by the fishing vessel from the point at which the fishing gear was 
first deployed from the fishing vessel to the point at which the 
fishing gear was retrieved by the fishing vessel.
    Mitigation 7. The operation of this fishery shall be carried out in 
accordance with Conservation Measure 25-03 so as to minimise 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 2004/05 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 2004/05 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 CCAMLR Scheme of International 
Scientific Observation.
    Research 13. Each vessel operating in this fishery during the 
period 1 March to 31 May 2005 shall conduct twenty (20) research trawls 
in the manner described in Annex 42-01/A.


    \1\ 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.
    \2\ 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.

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

[[Page 3796]]

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, as illustrated 
in Figure 1.
    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.
    Figure 1: Distribution of 20 research hauls on Champsocephalus 
gunnari at Shag Rocks (12) and South Georgia (8) from 1 March to 31 
May. Haul locations around South Georgia (stars) are illustrative.

Conservation Measure 42-02 (2004)

Limits on the Fishery for Champsocephalus gunnari in Statistical 
Division 58.5.2 in the 2004/05 Season
Species icefish
Area 58.5.2
Season 2004/05
Gear trawl

    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 2004/05 season shall be limited to 1 
864 tonnes.
    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 1. The fishing vessel shall not return to any point 
within 5 n miles of the location where the catch of small 
Champsocephalus gunnari exceeded 10% for a period of at least five days 
2. The location where the catch of small Champsocephalus 
gunnari exceeded 10% is defined as the path followed by the fishing 
vessel from the point at which the fishing gear was first deployed from 
the fishing vessel to the point at which the fishing gear was retrieved 
by the fishing vessel. From the 1 December 2004 to 30 November 2005 the 
minimum legal total length shall be 240 mm.
    Season 6. For the purpose of the trawl fishery for Champsocephalus 
gunnari in Statistical Division 58.5.2, the 2004/05 season is defined 
as the period from 1 December 2004 to 30 November 2005, 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 minimise 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 2004/05 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 CCAMLR Scheme of International Scientific 
Observation.

    1 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.
    2 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.

Annex 42-02/A

Chart of the Heard Island Plateau

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

[[Page 3797]]

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 one month after the vessel returns to port;
    (ii) The catch of Champsocephalus gunnari and of all by-catch 
species must be reported;
    (iii) The numbers of seabirds and marine mammals of each species 
caught and released or killed must be reported;
    (iv) The scientific observer(s) aboard each vessel shall collect 
data on the length composition from representative samples of 
Champsocephalus gunnari and by-catch species:
    (a) Length measurements shall be to the nearest centimetre 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 52-01 (2004)

Limits on the Fishery for Crab in Statistical Subarea 48.3 in the 2004/
05 Season
Species crab
Area 48.3
Season 2004/05
Gear pot

    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 authorised to participate in the crab fishery.
    Catch limit 4. The total catch of crab in Statistical Subarea 48.3 
in the 2004/05 season shall not exceed a precautionary catch limit of 1 
600 tonnes.
    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 2004/05 season is defined as the period 
from 1 December 2004 to 30 November 2005, 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 
2004/05 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 CCAMLR Scheme of International 
Scientific Observation.
Research
    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 2005 shall be reported to CCAMLR by 30 September 2005 
so that the data will be available to the meeting of the Working Group 
on Fish Stock Assessment (WG-FSA) in 2005. 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.


[[Page 3798]]


Table 1: Data requirements for by-catch species in the crab fishery 
in Statistical Subarea 48.3.
Species Data Requirements
Dissostichus eleginoides Numbers and estimated total weight
Notothenia rossii Numbers and estimated total weight
Other species Estimated total weight

    Biological Data: For these data, crabs are to be sampled from the 
line hauled just prior to noon, by collecting the entire contents of a 
number of pots spaced at intervals along the line so that between 35 
and 50 specimens are represented in the subsample.
    Cruise Descriptions: Cruise code, vessel code, permit number.
    Sample Descriptions: Date, position at start of the set, compass 
bearing of the set, line number.
    Data: Species, sex, length of at least 35 individuals, presence/
absence of rhizocephalan parasites, record of the destination of the 
crab (kept, discarded, destroyed), record of the pot number from which 
the crab comes.

Conservation Measure 52-02 (2004)

Experimental Harvest Regime for the Crab Fishery in Statistical Subarea 
48.3 in the 2004/05 Season
Species crab
Area 48.3
Season 2004/05
Gear pot

    The following measures apply to all crab fishing within Statistical 
Subarea 48.3 in the 2004/05 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 
2004/05 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 as the 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 2005 shall be submitted to CCAMLR by 31 August 2005.
    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.

Annex 52-02/A

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

AA BB CC DD EE FF GG
M
Y
N Q
U
O
R V
P
S
W
T
X Z
HH
II

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

Conservation Measure 61-01 (2004)

Limits on the Exploratory Fishery for Martialia hyadesi in Statistical 
Subarea 48.3 in the 2004/05 Season
Species squid
Area 48.3
Season 2004/05
Gear jig

    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 2004/05 season shall not exceed a precautionary 
catch limit of 2 500 tonnes.
    Season 3. For the purpose of the exploratory jig fishery for 
Martialia hyadesi in Statistical Subarea 48.3, the 2004/05 season is 
defined as the period from 1 December 2004 to 30 November 2005, 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 
2004/05 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.
    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:

[[Page 3799]]

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 CCAMLR 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 2005 shall be reported to CCAMLR by 30 September 
2005 so that the data will be available to the meeting of the Working 
Group on Fish Stock Assessment (WG-FSA) in 2005.

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).

Conservation Measure 91-01 (2004)

Procedure for According Protection to CEMP Sites
Species all
Area general

    The Commission, Bearing in mind that the Scientific Committee has 
established a system of sites contributing data to the CCAMLR Ecosystem 
Monitoring Program (CEMP), and that additions may be made to this 
system in the future,
    Recalling that it is not the purpose of the protection accorded to 
CEMP sites to restrict fishing activity in adjacent waters, Recognising 
that studies being undertaken at CEMP sites may be vulnerable to 
accidental or wilful interference,
    Concerned, therefore, to provide protection for CEMP sites, 
scientific investigations and the Antarctic marine living resources 
therein, in cases where a Member or Members of the Commission 
conducting or planning to conduct CEMP studies believes such protection 
to be desirable,
    Hereby adopts the following conservation measure in accordance with 
Article IX of the Convention:
    1. In cases where a Member or Members of the Commission conducting, 
or planning to conduct, CEMP studies at a CEMP site believe it 
desirable that protection should be accorded to the site, it, or they, 
shall prepare a draft management plan in accordance with Annex A to 
this conservation measure.
    2. Each such draft management plan shall be sent to the Executive 
Secretary for transmission to all Members of the Commission for their 
consideration at least three months before its consideration by WG-EMM.
    3. The draft management plan shall be considered in turn by WG-EMM, 
the Scientific Committee and the Commission. In consultation with the 
Member or Members of the Commission which drew up the draft management 
plan, it may be amended by any of these bodies. If a draft management 
plan is amended by either WG-EMM or the Scientific Committee, it shall 
be passed on in its amended form either to the Scientific Committee or 
to the Commission as the case may be.
    4. If, following completion of the procedures outlined in 
paragraphs 1 to 3 above, the Commission considers it appropriate to 
accord the desired protection to the CEMP site, the Commission shall 
adopt a Resolution calling on Members to comply, on a voluntary basis, 
with the provisions of the draft management plan, pending the 
conclusion of action in accordance with paragraphs 5 to 8 below.
    5. The Executive Secretary shall communicate such a Resolution to 
SCAR, the Antarctic Treaty Consultative Parties and, if appropriate, 
the Contracting Parties to other components of the Antarctic Treaty 
System which are in force.
    6. Unless, before the opening date of the next regular meeting of 
the Commission, the Executive Secretary has received:
    (i) An indication from an Antarctic Treaty Consultative Party that 
it desires the resolution to be considered at a Consultative Meeting; 
or
    (ii) An objection from any other quarter referred to in paragraph 5 
above; the Commission may, by means of a conservation measure, confirm 
its adoption of the management plan for the CEMP site and shall include 
the management plan in Annex 91-01/A of that conservation measure.
    7. In the event that an Antarctic Treaty Consultative Party has 
indicated its desire for the Resolution to be considered at a 
Consultative Meeting, the Commission shall await the outcome of such 
consideration, and may then proceed accordingly.
    8. If objection is received in accordance with paragraphs 6(ii) or 
7 above, the Commission may institute such consultations as it may deem 
appropriate to achieve the necessary protection and to avoid 
interference with the achievement of the principles and purposes of, 
and measures approved under, the Antarctic Treaty and other components 
of the Antarctic Treaty System which are in force.
    9. The management plan of any site may be amended by decision of 
the Commission. In such cases full account shall be taken of the advice 
of the Scientific Committee. Any amendment which increases the area of 
the site or adds to categories or types of activities that would 
jeopardise the objectives of the site shall be subject to the 
procedures set out in paragraphs 5 to 8 above.
    10. Entry into a CEMP site described by a conservation measure 
shall be prohibited except for the purposes authorised in the relevant 
management plan for the site and in accordance with a permit issued 
under paragraph 11.
    11. Each Contracting Party shall, as appropriate, issue permits 
authorising its nationals to carry out activities consistent with the 
provisions of the management plans for CEMP sites and shall take such 
other measures, within its competence, as may be necessary to ensure 
that its nationals comply with the management plans for such sites.
    12. Copies of such permits shall be sent to the Executive Secretary 
as soon as practical after they are issued. Each year the Executive 
Secretary shall provide the Commission and the Scientific Committee 
with a brief description of the permits that have been issued by the 
Parties. In cases where permits are issued for purposes not directly 
related to the conduct of CEMP studies at the site in question, the 
Executive Secretary shall forward a copy of the permit to the Member or 
Members of the Commission conducting CEMP studies at that site.
    13. Each management plan shall be reviewed every five years by WG-
EMM and the Scientific Committee to determine whether it requires 
revision and whether continued protection is necessary. The Commission 
may then act accordingly.

[[Page 3800]]

Annex 91-01/A

Information To Be Included in Management Plans for CEMP Sites

A. Geographical Information
1. A description of the site, and any buffer zone within the site, 
including:
1.1 Geographical coordinates;
1.2 Natural features, including those that define the site;
1.3 Boundary markers;
1.4 Access points (pedestrian, vehicular, airborne, sea-borne);
1.5 Pedestrian and vehicular routes;
1.6 Preferred anchorages;
1.7 Location of structures within the site;
1.8 Restricted areas within the site;
1.9 Location of nearby scientific stations or other facilities;
1.10 Location of areas or sites, in or near the site, which have been 
accorded protected status in accordance with measures adopted under the 
Antarctic Treaty or other components of the Antarctic Treaty System 
that are in force
2. Maps, including the following elements where appropriate:
2.1 Essential features
2.1.1 Title
2.1.2 Latitude and longitude
2.1.3 Scale bar with numerical scale
2.1.4 Comprehensive legend
2.1.5 Adequate and approved place names
2.1.6 Map projection and spheroid modification (indicate beneath the 
scale bar)
2.1.7 North arrow
2.1.8 Contour interval
2.1.9 Date of map preparation
2.1.10 Map preparer
2.1.11 Date of image collection (where applicable)
2.2 Essential topographical features
2.2.1 Coastline, rock, and ice
2.2.2 Peaks and ridgelines
2.2.3 Ice margins and other glacial features, clear delineation between 
ice/snow and ice-free ground; if glacial features are part of the 
boundary, date of survey should be indicated
2.2.4 Contours (labelled as appropriate), survey points, and spot 
heights
2.2.5 Bathymetric contours of marine areas, with relevant bottom 
features if known
2.3 Natural features
2.3.1 Lakes, ponds, and streams
2.3.2 Moraines, screes, cliffs, beaches
2.3.3 Beach areas
2.3.4 Bird and seal concentrations or breeding colonies
2.3.5 Extensive areas of vegetation
2.3.6 Wildlife access areas to the sea
2.4 Anthropogenic features
2.4.1 Stations
2.4.2 Field huts, refuges
2.4.3 Campsites
2.4.4 Roads and vehicle tracks, footpaths, feature overlaps
2.4.5 Approach paths and landing areas for airplanes and helicopters
2.4.6 Approach paths and access points for boats (wharfs, jetties)
2.4.7 Power supplies, cables
2.4.8 Antennae
2.4.9 Fuel storage areas
2.4.10 Water reservoirs and pipes
2.4.11 Emergency caches
2.4.12 Markers, signs
2.4.13 Historic sites or artefacts, archaeological sites
2.4.14 Scientific installations or sampling areas
2.4.15 Site contamination or modification
2.5 Boundaries
2.5.1 Boundary of area
2.5.2 Boundaries of subsidiary zones and protected areas within the 
mapping area
2.5.3 Boundary signs and markers (including cairns)
2.5.4 Boat/aircraft approach routes
2.5.5 Navigation markers or beacons
2.5.6 Survey points and markers
2.6 Other mapping guidelines
2.6.1 Verify all features and boundaries by GPS if possible
2.6.2 Ensure visual balance among elements
2.6.3 Appropriate shading (shading should be distinguishable on a 
photocopy of the map)
2.6.4 Correct and appropriate text; no feature overlap
2.6.5 Appropriate legend; use SCAR approved map symbols when possible
2.6.6 Text appropriately shadowed on image data
2.6.7 Photographs may be used where appropriate
2.6.8 Official maps should be in black and white
2.6.9 Most likely two or more maps will be needed for a management 
plan, one showing the site and the vicinity, and one detailed map of 
the site showing features essential for the management plan objectives; 
other maps may be useful (i.e. geological map of the area, three 
dimensional terrain model)
B. Biological Features
    1. A description of the biological features of the site, in both 
space and time, which it is the purpose of the management plan to 
protect.
C. CEMP Studies
    1. A full description of the CEMP studies being conducted or 
planned to be conducted, including the species and parameters which are 
being or are to be studied.
D. Protection Measures
1. Statements of prohibited activities:
1.1 Throughout the site at all times of the year;
1.2 Throughout the site at defined parts of the year;
1.3 In parts of the site at all times of the year;
1.4 In parts of the site at defined parts of the year
2. Prohibitions regarding access to and movement within or over the 
site
3. Prohibitions regarding:
3.1 The installation, modification, and/or removal of structures;
3.2 The disposal of waste.
4. Prohibitions for the purpose of ensuring that activity in the site 
does not prejudice the purposes for which protection status has been 
accorded to areas or sites, in or near the site, under the Antarctic 
Treaty or other components of the Antarctic Treaty System which are in 
force.
E. Communications Information
1. The name, address, telephone and facsimile numbers, and e-mail 
addresses, of:
1.1 The organisation or organisations responsible for appointing 
national representative(s) to the Commission;
1.2 The national organisation or organisations conducting CEMP studies 
at the site.

    Notes: 1. A code of conduct. If it would help towards achieving 
the scientific objectives of the site, a code of conduct may be 
annexed to the management plan. Such a code should be written in 
hortatory rather than mandatory terms, and must be consistent with 
the prohibitions contained in Section D above.
    2. Members of the Commission preparing draft management plans 
for submission in accordance with this conservation measure should 
bear in mind that the primary purpose of the management plan is to 
provide for the protection of CEMP studies at the site through the 
application of the prohibitions contained in Section D. To that end, 
the management plan is to be drafted in concise and unambiguous 
terms. Information which is intended to help scientists, or others, 
appreciate broader considerations regarding the site (e.g. 
historical and bibliographic information) should not be included in 
the management plan but may be annexed to it.

Conservation Measure 91-02 (2004)

Protection of the Cape Shirreff CEMP Site
Species all
Area 48.1

    1. The Commission noted that a program of long-term studies is 
being

[[Page 3801]]

undertaken at Cape Shirreff and the San Telmo Islands, Livingston 
Island, South Shetland Islands, as part of the CCAMLR Ecosystem 
Monitoring Program (CEMP). Recognising that these studies may be 
vulnerable to accidental or wilful interference, the Commission 
expressed its concern that this CEMP site, the scientific 
investigations, and the Antarctic marine living resources therein be 
protected.
    2. Therefore, the Commission considers it appropriate to accord 
protection to the Cape Shirreff CEMP site, as defined in the Cape 
Shirreff management plan.
    3. Members shall comply with the provisions of the Cape Shirreff 
CEMP site management plan, which is recorded in Annex 91-02/A.
    4. In accordance with Article X, the Commission shall draw this 
conservation measure to the attention of any State that is not a Party 
to the Convention and whose nationals or vessels are present in the 
Convention Area.

Annex 91-02/A

Management Plan for the Protection of Cape Shirreff and the San Telmo 
Islands, South Shetland Islands, as a Site Included in the CCAMLR 
Ecosystem Monitoring Program 1

A. Geographical Information
    1. Description of the site:
    (a) Geographical coordinates: Cape Shirreff is a low, ice-free 
peninsula towards the western end of the north coast of Livingston 
Island, South Shetland Islands, situated at latitude 62[deg]27' S, 
longitude 60[deg]47' W, between Barclay Bay and Hero Bay. San Telmo 
Islands are the largest of a small group of ice-free rock islets, 
approximately 2 km west of Cape Shirreff.
    (b) Natural features: Cape Shirreff is approximately 3 km from 
north to south and 0.5 to 1.2 km from east to west. The site is 
characterised by many inlets, coves and cliffs. Its southern boundary 
is bordered by a permanent glacial ice barrier, which is located at the 
narrowest part of the cape. The cape is mainly an extensive rock 
platform, 46 to 83 m above sea level, the bedrock being largely covered 
by weathered rock and glacial deposits. The eastern side of the base of 
the cape has two beaches with a total length of about 600 m. The first 
is a boulder beach, the second of sand. Above this is a raised beach 
with mosses and lichens, crossed by melt-streams from the snow above. 
The extremity of the cape has a rocky barrier about 150 m long. The 
western side is formed by almost continuous cliffs 10 to 15 m high 
above an exposed coast with a few protected beaches. At the 
southwestern base of the cape is a small sandy and pebble beach 
approximately 50 m long. The San Telmo Islands are located 
approximately 2 km west of Cape Shirreff, and are a group of ice-free, 
rocky islets. The east coast of San Telmo Island (the largest of the 
group) has a sandy and pebble beach (60 m) at the south end, separated 
from the northern sandy beach (120 m) by two irregular cliffs (45 m) 
and narrow pebble beaches.
    (c) Boundary markers: The boundaries of the Cape Shirreff CEMP 
Protected Area are identical to the boundaries of the Site of Special 
Scientific Interest No. 32, as specified by ATCM Recommendation XV-7. 
At present, there are no man-made boundary markers indicating the 
limits of the SSSI or established protected areas. The boundaries of 
the site are defined by natural features (i.e. coastlines, glacial 
margins) described in Section A.1(d).

    \1\As adopted at CCAMLR-XVIII (paragraphs 9.5 and 9.6), and 
revised at CCAMLR-XIX (paragraph 9.9).

    (d) Natural features that define the site: The Cape Shirreff CEMP 
Protected Area includes the entire area of the Cape Shirreff peninsula 
north of the glacier ice tongue margin, and most of the San Telmo 
Islands group. For the purposes of the CEMP protected area, `the entire 
area' of Cape Shirreff and the San Telmo Islands group is defined as 
any land or rocks exposed at mean low tide within the area delimited by 
the map (Figure 3).
    (e) Access points: The Cape Shirreff part of the CEMP site may be 
entered at any point where pinniped or seabird rookeries are not 
present on or near the beach. Access to the island in the San Telmo 
group is unrestricted but should be at the least densely populated 
areas and cause minimal disturbance to the fauna. Access for other than 
CEMP research should avoid disturbing pinnipeds and seabirds (see 
Sections D.1 and D.2). Access by small boat or helicopter is 
recommended in most circumstances. Four helicopter landing areas are 
recommended including: (i) The south plain of Playa Y[aacute]mana, 
which is situated on the Southwest coast of the cape; (ii) on the west 
coast of the cape, on the top plain of Gaviota Hill (10 x 20 m), near 
the monument erected to commemorate the officers and crew of the 
Spanish ship San Telmo; (iii); the wide plain, Paso Ancho, situated to 
the east of C[oacute]ndor Hill; and (iv) the top plain of C[oacute]ndor 
Hill. Recommended sites for landing small boats include: (i) the 
northern end of Half Moon beach, on the east coast of the cape; (ii) on 
the east coast, 300 m north of El Mirador, there is a deep channel 
which permits easy disembarkation, and (iii) the northern end of Playa 
Y[aacute]mana on the west coast of the cape (during high tide 
conditions). There are no landing sites for fixed-wing aircraft.
    (f) Pedestrian and vehicular routes: Boats, helicopters, fixed-wing 
aircraft and land vehicles should avoid the site except for operations 
directly supporting authorised scientific activities. During these 
operations, boats and aircraft should travel routes that avoid or 
minimise disturbance of pinnipeds and seabirds. Land vehicles should 
not be used except to transport needed equipment and supplies to and 
from the field camps. Pedestrians should not walk through wildlife 
population areas, especially during the breeding season, or disturb 
other fauna or flora except as necessary to conduct authorised 
research.
    (g) Preferred anchorages: Numerous shoals and pinnacles are known 
to exist in the vicinity of Cape Shirreff and the San Telmo Islands. 
The detailed bathymetric chart No. 14301 produced by the Servicio 
Hidrogr[aacute]fico y Oceanogr[aacute]fico de la Armada de Chile (SHOA, 
1994) provides guidance but those unfamiliar with local conditions at 
Cape Shirreff are advised to approach the area with caution. Three 
anchorages that have been used in the past are: (i) Northwest coast--
situated between Rapa-Nui Point on Cape Shirreff and the northern 
extremity of the San Telmo Islands; (ii) east coast--2.5 km to the east 
of El Mirador, being alert for icebergs drifting in the area; and (iii) 
south coast--located about 4 km off the southern coast of Byers 
Peninsula to support ship-based helicopter operations. Organisation(s) 
conducting CEMP studies at the site can provide further details about 
sailing instructions pertaining to recommended anchorages (see Section 
E.2).
    (h) Location of structures within the site: During the 1991/92 
austral summer, a fibreglass cabin for four people was installed by the 
Instituto Ant[aacute]rtico Chileno (INACH) (Anonymous, 1992) in the El 
Mirador area. This area is on the cape's east coast, at the base of 
Condor Hill (near the site of the previous installation of the former 
Soviet Union). This site was chosen because of its accessibility by 
helicopter and boat, shelter from winds, good water supply and absence 
of seal or bird colonies. During the 1996/97 austral summer a U.S. AMLR 
field camp was established approximately 50 m to the south of the INACH 
camp. The U.S. camp is comprised of four small wood-

[[Page 3802]]

constructed buildings (including an outhouse); all within 3 m of each 
other and jointed by wooden walkways. In February 1999 an emergency 
shelter/bird observation blind was constructed by the U.S. program at 
the northern end of the Cape. Minor remains of a hut used in the past 
by the former Soviet Union as well as sparse evidence of a 19th century 
sealers' camp can be found near the camp site.
    (i) Areas within the site where activities are constrained: The 
protection measures specified in Section D apply to all areas within 
the Cape Shirreff CEMP Protected Area, as defined in Section A.1(d).
    (j) Location of nearby scientific, research, or refuge facilities: 
The nearest research facility to the site is Juan Carlos I Station 
(summer only) maintained by the Spanish government at South Bay, 
Livingston Island, (62[deg]40' S, 60[deg]22' W), approximately 30 km 
southeast of Cape Shirreff. The Chilean Station Arturo Prat is located 
on Greenwich Island (62[deg]30' S, 59[deg]41' W) approximately 56 km 
northeast of Cape Shirreff. Numerous scientific stations and research 
facilities (e.g. Argentina, Brazil, Chile, China, Korea, Poland, 
Russia, Uruguay) are located on King George Island, approximately 100 
km northeast of Cape Shirreff. The largest of these facilities is Base 
Presidente Eduardo Frei Montalva (also formerly referred to as Base 
Teniente Rodolfo Marsh Martin), maintained by the Chilean government on 
the western end of King George Island (62[deg]12' S, 58[deg]55' W).
    (k) Areas or sites protected under the Antarctic Treaty System: 
Cape Shirreff and the San Telmo Islands are protected as a Site of 
Special Scientific Interest (No. 32) under the Antarctic Treaty System 
(see Section A.1(c)). Several other sites or areas within 100 km of 
Cape Shirreff are also protected under the Antarctic Treaty System: 
SSSI No. 5, Fildes Peninsula (62[deg]12' S, 58[deg]59' W); SSSI No. 6, 
Byers Peninsula (62[deg]38' S, 61[deg]05' W); SSSI No. 35, Ardley 
Island, Maxwell Bay, King George Island (62[deg]13' S, 58[deg]56' W); 
Marine SSSI No. 35, Western Bransfield Strait (63[deg]20' S to 
63[deg]35' S, 61[deg]45' W to 62[deg]30' W); and SPA No. 16, Coppermine 
Peninsula, Robert Island (62[deg]23' S, 59[deg]44' W). The Seal Islands 
CEMP Protected Area (60[deg]59'14'' S, 55[deg]23'04'' W) is located 
approximately 325 km northeast of Cape Shirreff.
    2. Maps of the site:
    (a) Figures 1 and 2 show the geographical position of Cape Shirreff 
and the San Telmo Islands in relation to major surrounding features, 
including the South Shetland Islands and adjacent bodies of water.
    (b) Figure 3 identifies the boundaries of the site and provides 
details of specific locations within the vicinity of Cape Shirreff and 
the San Telmo Islands, including preferred vessel anchorages.
B. Biological Features
    1. Terrestrial: There is no information on soil biology of Cape 
Shirreff but it is likely that similar types of plants and 
invertebrates are found as at other sites in the South Shetland Islands 
(e.g. see Lindsey, 1971; Allison and Smith, 1973; Smith, 1984; 
S[ouml]mme, 1985). A moderate lichen cover (e.g. Polytrichum alpestre, 
Usnea fasciata) is present on rocks located in the higher geological 
platforms. In some valleys there are patches of moss and grass (e.g. 
Deschampsia antarctica).
    2. Inland waters: There are several ephemeral ponds and streams 
located at Cape Shirreff. These form from melting snow, especially in 
January and February. Hidden Lake is the only permanent body of water 
on the cape, and it is located in the confluence of the slope of three 
hills: El Toqui, Pehuenche and Aymara. The lake's drainage supports the 
growth of moss banks along its northeast and southwest slopes. From the 
southwest slope a stream flows to the western coast at Playa 
Y[aacute]mana. The lake's depth is estimated at two to 3 m and it is 
approximately 12 m long when fullest; the lake diminishes considerably 
in size after February (Torres, 1995). There are no known lakes or 
ephemeral ponds of significance on the San Telmo Islands.
    3. Marine: No studies on littoral communities have been carried 
out. There is abundant macroalgae present in the intertidal zone. The 
limpet Nacella concinna is common, as elsewhere in the South Shetland 
Islands.
    4. Seabirds: In January 1958, 2 000 pairs of chinstrap penguins 
(Pygoscelis antarctica) and 200 to 500 pairs of gentoo penguins (P. 
papua) were reported (Croxall and Kirkwood, 1979). In 1981 two 
unspecified penguin colonies had 4 328 and 1 686 individuals 
respectively (Sallaberry and Schlatter, 1983). A census in January 
1987, produced estimates of 20 800 adult chinstrap penguins and 750 
adult gentoo penguins (Shuford and Spear, 1987). Hucke-Gaete et al. 
(1997a) identified the presence of 31 breeding colonies for both 
species during 1996/97 and reported estimates of 6 907 breeding pairs 
of chinstrap penguins and 682 of gentoo penguins. A chick census 
developed in early February that same year gave a total of 8 802 
chinstrap penguins and 825 gentoo penguins. The first of a continuing 
CCAMLR census of the colonies at Cape Shirreff conducted on 3 December, 
1997 recorded 7 617 and 810 breeding pairs of chinstrap and gentoo 
penguins, respectively (Martin 1998). Dominican gulls (Larus 
domincanus), brown skuas (Catharacta l[ouml]nnbergi), Antarctic terns 
(Sterna vittata), blue-eyed shags (Phalacrocorax atriceps), cape 
petrels (Daption capense), Wilson's storm petrels (Oceanites oceanicus) 
and black-bellied storm petrel (Fregetta tropica) also nest on the 
cape. Giant petrels (Macronectes giganteus) are regular visitors during 
the austral summer (Torres, 1995).
    5. Pinnipeds: Cape Shirreff is presently the site of the largest 
known breeding colony of the Antarctic fur seal (Arctocephalus gazella) 
in the South Shetland Islands. The first post-exploitation record of 
fur seals at Cape Shirreff was reported by O'Gorman (1961) in mid-
February 1958 when 27 non-breeding adults were seen. Over the past 30 
years, the colony has continued to increase in size (Aguayo and Torres, 
1968, 1993; Bengtson et al., 1990, Torres, 1995; Hucke-Gaete et al., 
1999). Annual censuses begun in 1991/92 by INACH scientists showed that 
pup production has increased every year except for 1997/98 when there 
was an apparent 14% decrease in the entire SSSI. From 1965/66 to 1998/
99 the population increased at a rate of 19.8%. However, from 1992/93 
to 1998/99 the growth rate has decreased to ca. 7% per year, with the 
last census in 1998/99 reporting 5 497 pups born on Cape Shirreff and 3 
027 pups born on San Telmo Islands (Hucke-Gaete et al., 1999). Groups 
of non-breeding southern elephant seals (Mirounga leonina), Weddell 
seals (Leptonychotes weddelli), leopard seals (Hydrurga leptonyx) and 
crabeater seals (Lobodon carcinophagus) have been observed on the cape 
(O'Gorman, 1961; Aguayo and Torres, 1967; Bengtson et al., 1990; Torres 
et al., 1998). Additionally, observations of pup carcasses suggest 
breeding sites of southern elephant seals (Torres, 1995).
C. CEMP Studies
    1. The presence at Cape Shirreff of both Antarctic fur seal and 
penguin breeding colonies, and of krill fisheries within the foraging 
range of these species, make this a critical site for inclusion in the 
ecosystem monitoring network established to help meet the objectives of 
the Convention on the Conservation of Antarctic Marine Living 
Resources. The purpose of the designation is to allow planned research 
and monitoring to proceed, while avoiding or reducing, to the greatest 
extent possible, other activities which could interfere with or affect 
the results

[[Page 3803]]

of the research and monitoring program or alter the natural features of 
the site.
    2. The following species are of particular interest for CEMP 
routine monitoring and directed research at this site: Antarctic fur 
seals, chinstrap penguins and gentoo penguins.
    3. Long-term studies are under way to assess and monitor the 
feeding ecology, growth and condition, reproductive success, behaviour, 
and population dynamics of pinnipeds and seabirds that breed in the 
area. The results of these studies will be compared with environmental 
data, wildlife diseases, offshore sampling data, and fishery statistics 
to identify possible cause-effect relationships.
    4. Chilean scientists have been conducting studies at the site for 
many years and in recent seasons they have developed studies 
specifically designed to contribute to CEMP. These studies have mainly 
focused on Antarctic fur seals, wildlife diseases and survey of marine 
debris. Annual marine debris surveys began in 1985, with a baseline 
established in 1994 (e.g. Torres and Jorquera 1995, 1999). In 1996/97 
U.S. scientists began CEMP monitoring studies of Antarctic fur seals, 
chinstrap and gentoo penguins in conjunction with studies of offshore 
prey distribution and general oceanography (e.g. Martin, 1999).
    5. Penguin parameters routinely monitored include trends in 
population size (A3), demography (A4), duration of foraging trips (A5), 
breeding success (A6), chick fledging weight (A7), chick diet (A8) and 
breeding chronology (A9). Studies of fur seals include foraging 
energetics, at-sea foraging locations using satellite-linked telemetry, 
diving behaviour, diet studies, duration of foraging trips (C1), 
reproductive success, and pup growth rates (C2).
D. Protection Measures
    1. Prohibited activities and temporal constraints:
    (a) Throughout the site at all times of the year: Any activities 
which damage, interfere with, or adversely affect the planned CEMP 
monitoring and directed research at this site are not permitted.
    (b) Throughout the site at all times of the year: Any non-CEMP 
activities are not permitted which result in:
    (i) Killing, injuring, or disturbing pinnipeds or seabirds;
    (ii) Damaging or destroying pinniped or seabird breeding areas; or
    (iii) Damaging or destroying the access of pinnipeds or seabirds to 
their breeding areas.
    (c) Throughout the site at defined parts of the year: Human 
occupation of the site during the period 1 June to 31 August is not 
permitted except under emergency circumstances.
    (d) In parts of the site at all times of the year: Building 
structures within boundaries of any pinniped or seabird colony is not 
permitted. For this purpose, colonies are defined as the specific 
locations where pinniped pups are born or where seabird nests are 
built. This prohibition does not pertain to placing markers (e.g. 
numbered stakes, posts, etc.) or situating research equipment in 
colonies as may be required to facilitate scientific research.
    (e) In parts of the site at defined parts of the year: Entry into 
any pinniped or seabird colonies during the period 1 September to 31 
May is not permitted except in association with CEMP activities.
    2. Prohibitions regarding access to and movement within the site:
    (a) Entry to the site at locations where pinniped or seabird 
colonies are present in densely populated areas is not permitted.
    (b) Aircraft overflight of the site is not permitted at altitudes 
less than 1 000 m unless the proposed flight plan has been reviewed in 
advance by the organisation(s) conducting CEMP activities at the site 
(see Section E.2). Aircraft overflight at altitudes below 200 m is not 
permitted.
    (c) The use of land vehicles is not permitted except to transport 
needed equipment and supplies to and from the field camps.
    (d) Pedestrians are not permitted to walk through wildlife 
population areas (e.g. colonies, resting areas, pathways), or to 
disturb other fauna or flora, except as necessary to conduct authorised 
research.
    3. Prohibitions regarding structures:
    (a) Building structures other than those directly supporting 
authorised scientific research and monitoring programs or to house 
research personnel and their equipment is not permitted.
    (b) Human occupation of these structures is not permitted during 
the period 1 June to 31 August (see Section D.1(c)).
    (c) New structures are not permitted to be built within the site 
unless the proposed plans have been reviewed in advance by the 
organisation(s) conducting CEMP activities at the site (see Section 
E.2).
    4. Prohibitions regarding waste disposal:
    (a) Landfill disposal of any materials is not permitted; all 
materials brought to the site are to be removed when no longer in use.
    (b) Disposal of waste fuels, volatile liquids and scientific 
chemicals within the site is not permitted; these materials are to be 
removed from the site for proper disposal elsewhere.
    (c) The open burning of any materials is not permitted (except for 
properly used fuels for heating, lighting or cooking).
    5. Prohibitions regarding the Antarctic Treaty System: It is not 
permitted to undertake any activities in the Cape Shirreff CEMP 
Protected Area which are not in compliance with the provisions of: (i) 
The Antarctic Treaty, including the Agreed Measures for the 
Conservation of Antarctic Fauna and Flora and the Protocol on 
Environmental Protection, (ii) the Convention for the Conservation of 
Antarctic Seals, and (iii) the Convention for the Conservation of 
Antarctic Marine Living Resources.
E. Communications Information
    1. Organisation(s) appointing national representatives to the 
Commission.
    (a) Ministerio de Relaciones Exteriores, Direccion de Medio 
Ambiente (DIMA), Catedral 1143, 2[deg] Piso, Santiago, Chile, 
Telephone: +56 (2) 679 4720, Facsimile: +56 (2) 673 2152, E-mail: 
[email protected].
    (b) Bureau of Oceans and International Environmental and Scientific 
Affairs, US Department of State, Washington, DC 20520, USA, Telephone: 
+1 (202) 647 3262, Facsimile: +1 (202) 647 1106.
    2. Organisation(s) conducting CEMP studies at the site.
    (a) Ministerio de Relaciones Exteriores, Instituto Ant[acute]rtico 
Chileno, Plaza Mu[ntilde]oz Gamero 1055, Punta Arenas, Chile, 
Telephone: +56 (61) 29 8100, Facsimile: +56 (61) 29 8149, E-mail: 
[email protected].
    (b) U.S. Antarctic Marine Living Resources Program, National Marine 
Fisheries Service, NOAA, Southwest Fisheries Science Center, PO Box 
271, La Jolla, Ca 92038, USA, Telephone: +1 (858) 546 5601, Facsimile: 
+1 (858) 546 5608, E-mail: [email protected].

Annex 91-02/A

    Cape Shirreff, Appendix 1

Code of Conduct for the Cape Shirreff CEMP Protected Area

    Investigators should take all reasonable steps to ensure that their 
activities, both in implementing their scientific protocols as well as 
in maintaining a field camp, do not unduly harm or alter the natural 
behaviour and ecology of wildlife. Wherever possible, actions should be 
taken to minimise disturbance of the natural environment. Killing, 
capturing, handling and taking eggs, blood, or other biological samples 
from pinniped and seabirds should be

[[Page 3804]]

limited to that necessary to characterise and monitor individual and 
population parameters that may change in detectable ways in response to 
changes in food availability or other environmental factors. Sampling 
should be done and reported in accordance with: (i) The Agreed Measures 
for the Conservation of Antarctic Fauna and Flora and the Protocol on 
Environmental Protection, (ii) the Convention for the Conservation of 
Antarctic Seals, and (iii) the Convention for the Conservation of 
Antarctic Marine Living Resources. Geological, glaciological and other 
studies which can be done outside of the pinniped and seabird breeding 
season, and which will not damage or destroy pinniped or seabird 
breeding areas, or access to those areas, would not adversely affect 
the planned assessment and monitoring studies. Likewise, the planned 
assessment and monitoring studies would not be affected adversely by 
periodic biological surveys or studies of other species which do not 
result in killing, injuring, or disturbing pinnipeds or seabirds, or 
damage or destroy pinnipeds or seabird breeding areas or access to 
those areas.

Annex 91-02/A

    Cape Shirreff, Appendix 2

Background Information Concerning Cape Shirreff

    Prior to 1819, there were substantial colonies of fur seals, and 
possibly elephant seals, throughout the South Shetland Islands 
archipelago. Thereafter, Cape Shirreff was the scene of more intensive 
sealing activities until about 1825. Sealers' refuges were erected all 
around the western shores of Livingston Island, with those on the south 
coast being occupied mainly by American sealers and those on the north 
coast by British sealers. There were about 60 to 75 men living ashore 
at Cape Shirreff in January 1821 (Stackpole, 1955) and 95 000 skins 
were taken during the 1821/22 season (O'Gorman, 1963). There are ruins 
of at least 12 sealers' huts on the cape and the shoreline in several 
bays is littered with timbers and sections of wrecked sealers' vessels 
(Torres, 1995). The outcome of the sealing of the early 1820s was the 
extermination of fur seals from the entire region. Antarctic fur seals 
were not observed again in the South Shetland Islands until 1958, when 
a small colony was discovered at Cape Shirreff, Livingston Island 
(O'Gorman, 1961). The original colonisers probably came from South 
Georgia, where surviving fur seal colonies had substantially recovered 
by the early 1950s. Chilean studies at the site began in 1965 (e.g. 
Aguayo and Torres, 1967, 1968) and U.S. studies began in 1996 (e.g. 
Martin, 1998). At present, the fur seal rookeries at Cape Shirreff and 
the San Telmo Islands are the largest in the South Shetland Islands.

Annex 91-02/A

    Cape Shirreff, Appendix 3

History of Protection at Cape Shirreff

    Cape Shirreff was designated in 1966 as Specially Protected Area 
(SPA) No. 11 by ATCM Recommendation IV-11 `on the grounds that the cape 
supports a considerable diversity of plant and animal life, including 
many invertebrates, that a substantial population of elephant seals 
(Mirounga leonina) and small colonies of Antarctic fur seals are found 
on the beaches and that the area is of outstanding interest'. The 
protection conferred on this site was successful in ensuring that 
Antarctic fur seals were not disturbed during the important early 
phases of their recolonisation. Subsequent to the site's designation as 
a SPA, the locally breeding population of Antarctic fur seals increased 
to a level at which biological research activities could be undertaken 
without threatening the continued recolonisation and population 
increase of this species. Surveys during the mid-1980s to locate study 
sites for long-term monitoring of fur seal and penguin populations as 
part of the CCAMLR Ecosystem Monitoring Program (CEMP) indicated that 
Cape Shirreff would be an excellent site within the Antarctic Peninsula 
Integrated Study Region. To carry out such a monitoring program safely 
and effectively, a multi-year field camp for four to six researchers 
was needed within the area previously designated as SPA No. 11. This 
might have been considered inappropriate within a SPA and hence a 
proposal was made in 1988 to redesignate Cape Shirreff as a Site of 
Special Scientific Interest (SSSI). Additionally, it was proposed 
substantially to enlarge the site by the inclusion of the San Telmo 
Islands group, presently the location of the largest fur seal colony in 
the Antarctic Peninsula region.
    Cape Shirreff was redesignated in 1990 as SSSI No. 32 by 
Recommendation XV-7, which was adopted by the XVth Consultative Meeting 
of the Antarctic Treaty. It was understood that SSSI No. 32, Cape 
Shirreff, should be redesignated an SPA (in its enlarged form) if and 
when the long-term monitoring of fur seals and seabirds at the site 
should be ended. Chilean and U.S. scientists initiated CEMP studies at 
Cape Shirreff during the late 1980s, and have collaborated on predator 
studies at Cape Shirreff since 1996/97. To further protect the site 
from damage or disturbance that could adversely affect the long-term 
CEMP monitoring and directed research, in 1991 Cape Shirreff was 
proposed as a CEMP Protected Area.

Bibliography

    Aguayo, A. and D. Torres. 1967. Observaciones sobre 
mam[iacute]feros marinos durante la Vig[eacute]sima Comisi[oacute]n 
Ant[aacute]rtica Chilena. Primer censo de pin[iacute]pedos en las Islas 
Shetland del Sur. Rev. Biol. Mar., 13 (1): 1-57. Aguayo, A. and D. 
Torres. 1968. A first census of Pinnipedia in the South Shetland 
Islands and other observations on marine mammals. In: Symposium on 
Antarctic Oceanography, Santiago, Chile. Scott Polar Research 
Institute, Cambridge: 166-168. Aguayo, A. and D. Torres. 1993. 
An[aacute]lisis de los censos de Arctocephalus gazella efectuados en el 
Sitio de Especial Inter[eacute]s Cient[iacute]fico N[deg] 32, isla 
Livingston, Ant[aacute]rtica. Ser. Cient. INACH, 43: 89-93. Allison, 
J.S. and R.I.L.-Smith. 1973. The vegetation of Elephant Island, South 
Shetland Islands. Br. Antarct. Surv. Bull., 33 and 34: 185-212. 
Anonymous. 1992. Instalaciones del INACH en la Ant[aacute]rtica. Bol. 
Antart. Chileno, 11 (1): 16. Bengtson, J.L., L.M. Ferm, T.J. 
H[auml]rk[ouml]nen and B.S. Stewart. 1990. Abundance of Antarctic fur 
seals in the South Shetland Islands, Antarctica, during the 1986/87 
austral summer. In: Kerry, K. and G. Hempel (Eds). Antarctic 
Ecosystems, Proceedings of the Fifth SCAR Symposium on Antarctic 
Biology. Springer-Verlag, Berlin: 265-270. Croxall, J.P. and E.D. 
Kirkwood. 1979. The Distribution of Penguins on the Antarctic Peninsula 
and Islands of the Scotia Sea. British Antarctic Survey, Cambridge: 186 
pp. Hucke-Gaete, R., D. Torres and V. Vallejos. 1997. Entanglement of 
Antarctic fur seals Arctocephalus gazella in marine debris at Cape 
Shirreff and San Telmo Islets, Livingston Island, Antarctica: 1988-
1977. Ser. Cient. INACH, 47: 123-135. Hucke-Gaete, R., D. Torres, A. 
Aguayo, J. Acevedo, and V. Vallejos. 1999. Trends of Antarctic fur seal 
populations at SSSI No. 32, Livingston Island, South Shetlands, 
Antarctica. Document WG-EMM-99/16. CCAMLR, Hobart, Australia. Laws, 
R.M. 1973. Population increase of fur seals at South Georgia. Polar 
Record, 16 (105): 856-858. Lindsay, D.C. 1971. Vegetation of the South 
Shetland Islands. Br. Antarct. Surv. Bull., 25: 59-83. Martin, J. 
(Ed.). 1998. AMLR 1997/98 Field Season Report. Southwest Fisheries 
Science

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Center Administrative Report LJ-98-07: 161 pp. Martin, J. (Ed.). 1999. 
AMLR 1998/99 Field Season Report. Southwest Fisheries Science Center 
Administrative Report LJ-99-10: 158 pp. O'Gorman, F.A. 1961. Fur seals 
breeding in the Falkland Islands Dependencies. Nature, Lond., 192: 914-
916. O'Gorman, F.A. 1963. The return of the Antarctic fur seal. New 
Scientist, 20: 374-376. Sallaberry, M. and R. Schlatter. 1983. 
Estimaci[oacute]n del n[uacute]mero de pinguinos en el 
Archipi[eacute]lago de las Shetland del Sur. Ser. Cient. INACH, 30: 87-
91. SHOA, 1994. Carta N[deg] 14301, Escala 1: 15.000, cabo Shirreff, 
isla Livingston (Territorio Chileno Ant[aacute]rtico). Servicio 
Hidrogr[aacute]fico y Oceanogr[aacute]fico de la Armada de Chile. 
Shuford, W.D. and L.B. Spear. 1987. Surveys of breeding penguins and 
other seabirds in the South Shetland Islands, Antarctica, January-
February 1987. Report to the U.S. National Marine Fisheries Service. 
Smith, R.I.L. 1984. Terrestrial plant biology. In: Laws, R.M. (Ed.). 
Antarctic Ecology. Academic Press. S[ouml]mme, L. 1985. Terrestrial 
habitats--invertebrates. In: Bonner, W.N. and D.W.H. Walton (Eds). 
Antarctica. Pergamon Press. Stackpole, E.A. 1955. The voyage of the 
Huron and the Huntress: the American sealers and the discovery of the 
continent of Antarctica. The Marine Historical Association, Inc., 
Mystic, Conn., 29: 1-86. Torres, D. 1995. Antecedentes y proyecciones 
cient[Iacute]ficas de los estudios en el SEIC N[deg] 32 y sitio CEMP 
`cabo Shirreff e islotes San Telmo', isla Livingston, Ant[aacute]rtica. 
Ser. Cient. INACH, 45: 143-169.
    Torres, D. and D. Jorquera. 1995. L[iacute]nea base para el 
seguimiento de los desechos marinos en cabo Shirreff, isla Livingston, 
Ant[aacute]rtica. Ser. Cient. INACH, 45: 131-141. Torres, D. and D. 
Jorquera. 1999. Synthesis of marine debris survey at Cape Shirreff, 
Livingston Island, during the Antarctic season 1998/99. Document 
CCAMLR-XVIII/BG/39. CCAMLR, Hobart, Australia. Torres, D., V. Vallejos, 
J. Acevedo, R. Hucke-Gaete and S. Z[aacute]rate. 1998. Registros 
biol[oacute]gicos at[iacute]picos en cabo Shirreff, isla Livingston, 
Ant[aacute]rtica. Bol. Ant[aacute]rt. Chileno, 17 (1): 17-19.

    Figures 1 and 2: These maps show the general position of Cape 
Shirreff and the San Telmo Islands CEMP Protected Area (Figure 1) 
and the location of the CEMP Protected Area in elation to the 
northwestern portion of Livingston Island.
    Figure 3: This map shows a detailed view of the Cape Shirreff 
and the San Telmo Islands CEMP Protected Area. Note that the 
boundaries of the CEMP Protected Area are identical to the 
boundaries of Site of Special Scientific Interest No. 32, which is 
protected under the Antarctic Treaty.

Conservation Measure 91-03 (2004)

Protection of the Seal Islands CEMP Site
Species all
Area 48.1

    1. The Commission noted that a program of long-term studies is 
being undertaken at SealIslands, South Shetland Islands, as part of the 
CCAMLR Ecosystem MonitoringProgram (CEMP). Recognising that these 
studies may be vulnerable to accidental or wilful interference, the 
Commission expressed its concern that this CEMP site, the scientific 
investigations, and the Antarctic marine living resources therein be 
protected.
    2. Therefore, the Commission considers it appropriate to accord 
protection to the SealIslands CEMP site, as defined in the Seal Islands 
management plan.
    3. Members are required to comply with the provisions of the Seal 
Islands CEMP site management plan, which is recorded in Annex 91-03/A.
    4. In accordance with Article X, the Commission shall draw this 
conservation measure to the attention of any State that is not a Party 
to the Convention and whose nationals or vessels are present in the 
Convention Area.

Annex 91-03/A

Management Plan for the Protection of Seal Islands, South Shetland 
Islands, as a Site Included in the CCAMLR Ecosystem Monitoring Program 
\2\

A. Geographical Information
    1. Description of the site:
    (a) Geographical coordinates: The Seal Islands are composed of 
small islands and skerries located approximately 7 km north of the 
northwest corner of Elephant Island, South Shetland Islands. The Seal 
Islands CEMP Protected Area includes the entire Seal Islands group, 
which is defined as Seal Island plus any land or rocks exposed at mean 
low tide within a distance of 5.5 km of the point of highest elevation 
on Seal Island. Seal Island is the largest island of the group, and is 
situated at 60[deg]59'14'' S, 55[deg]23'04'' W (coordinates are given 
for the point of highest elevation on the island--see Figures 1 and 2).
    (b) Natural features: The Seal Islands cover an area approximately 
5.7 km from east to west and 5 km from north to south. Seal Island is 
approximately 0.7 km long and 0.5 km wide. It has an altitude of about 
125 m, with a raised plateau at about 80 m, and precipitous cliffs on 
most coastlines. There is a raised, sandy beach on the western shore 
and several coves on the northern and eastern shores. Seal Island is 
joined to the adjacent island to the west by a narrow sand bar that is 
approximately 50 m long; the bar is rarely passable on foot, and only 
when seas are calm and the tide is very low. Other islands in the group 
are similar to Seal Island, with precipitous cliffs, exposed coasts, 
and a few sand beaches and protected coves. There is no permanent ice 
on any of the islands. Seal Island is mainly composed of poorly 
consolidated sedimentary rocks. Rocks crumble and fracture easily, 
resulting in prevalent erosion from water runoff and coastal wave 
action. Geologists have characterised the bedrock `pebbly mudstone'. No 
fossils have been reported from the site. Because colonies of penguins 
are present in virtually all sectors of Seal Island (including the 
summit), the soil in many areas as well as several vertical rock faces 
are enriched by guano.
    (c) Boundary markers: As of 1997, no man-made boundary markers 
indicating the limits of the protected area had been established. The 
boundaries of the site are defined by natural features (i.e. 
coastlines).
    (d) Natural features that define the site: The Seal Islands CEMP 
Protected Area includes the entire Seal Islands group (see Section 
A.1(a) for definition). No buffer zones are defined for the site.
    (e) Access points: The site may be accessed by boat or aircraft at 
any point where pinnipeds and seabirds will not be adversely affected 
(see Sections D.1 and D.2). Access by small boat is recommended in most 
circumstances because the number of beach landing spots for helicopters 
(which must approach these spots by flying over water rather than over 
land) is very limited. There are no landing sites for fixed-winged 
aircraft.

    \2\ As adopted at CCAMLR-XVI (paragraphs 9.67 and 9.68), and 
revised at CCAMLR-XIX (paragraph 9.9).

    (f) Pedestrian and vehicular routes: Pedestrians should follow the 
advice of the local scientists in selecting pathways which will 
minimise disturbance to wildlife (see Section D.2(d)). Land vehicles 
are not permitted except in the immediate vicinity of the field camp 
and the beach (see Section D.2(c)).
    (g) Preferred anchorages: Numerous shoals and pinnacles are known 
to exist in the vicinity of the Seal Islands, and navigation charts of 
the area are incomplete. Most ships visiting the area recently have 
preferred an anchorage spot approximately 1.5 km to the southeast of 
Seal Island (Figure 2), which has a rather consistent depth of

[[Page 3806]]

approximately 18 m. A second anchorage utilised by smaller vessels is 
located approximately 0.5 km to the northeast of Seal Island (Figure 2) 
at a depth of about 20 m. Organisation(s) conducting CEMP studies at 
the site can provide further details about sailing instructions 
pertaining to these anchorages (see Section E.2).
    (h) Location of structures within the site: As of March 1999 no 
structures remained on Seal Island. Between 1996 and 1999, all 
structures were dismantled and retrograded from the island.
    (i) Areas within the site where activities are constrained: The 
protection measures specified in Section D apply to all areas within 
the Seal Islands Protected Area, as defined in Section A.1(d).
    (j) Location of nearby scientific research or refuge facilities: 
The nearest research facility to the site is the scientific field camp 
maintained by the Brazilian government at Stinker Point, Elephant 
Island (61[deg]04[min] S, 55[deg]21[min] W), which is approximately 26 
km south of Seal Island. However in some years this site is not 
occupied. Numerous scientific stations and research facilities are 
located on King George Island, which is approximately 215 km southwest 
of Seal Island.
    (k) Areas or sites protected under the Antarctic Treaty System: No 
areas or sites within or near (i.e. within 100 km) the Seal Island 
Protected Area have been accorded protected status in accordance with 
measures adopted under the Antarctic Treaty or other components of the 
Antarctic Treaty System which are in force.
    2. Maps of the site:
    (a) Figure 1 shows the geographical position of the Seal Islands in 
relation to major surrounding features, including the South Shetland 
Islands and adjacent bodies of water.
    (b) Figure 2 illustrates the location of the entire Seal Islands 
archipelago and preferred vessel anchorages. The detailed insert of 
Seal Island in Figure 2 shows the location of structures associated 
with CEMP studies and the location of the point of highest elevation 
(indicated by a cross).
B. Biological Features
    1. Terrestrial: There is no information on soil biology at Seal 
Island but it is likely that similar types of plants and invertebrates 
are found as at other sites in the South Shetland Islands. Lichens are 
present on stable rock surfaces. There is no evidence of well-developed 
moss or grass banks being present on Seal Island.
    2. Inland waters: There are no known lakes or ephemeral ponds of 
significance on Seal Island.
    3. Marine: No studies on littoral communities have been carried 
out.
    4. Birds: Seven species of birds are known to breed on the Seal 
Islands: chinstrap penguins (Pygoscelis antarctica), macaroni penguins 
(Eudyptes chrysolophus), Cape petrels (Daption capense), Wilson's storm 
petrels (Oceanites oceanicus), southern giant petrels (Macronectes 
giganteus), southern black-backed gulls (Larus dominicanus) and 
American Sheathbills (Chionis alba). The chinstrap penguin population 
on Seal Island numbers approximately 20 000 breeding pairs, nesting in 
about 60 colonies throughout the island. About 350 pairs of macaroni 
penguins nest on Seal Island in five separate colonies. The nesting and 
chick-rearing period for chinstrap and macaroni penguins at Seal Island 
extends from November to March. No surveys have been made of Cape 
petrel or storm petrel populations, however, both species are numerous; 
the Cape petrels nest on cliff faces and the storm petrels nest in 
burrows in the talus slopes. Brown skuas (Catharacta l[ouml]nnbergi) 
are common. Blue-eyed shags (Phalacrocorax atriceps), Ad[eacute]lie 
penguins (Pygoscelis adeliae), gentoo penguins (Pygoscelis papua), king 
penguins (Aptenodytes patagonicus) and rockhopper penguins (Eudyptes 
chrysocome) are among the avian visitors to the area.
    5. Pinnipeds: Five species of pinnipeds have been observed at Seal 
Island: Antarctic fur seals (Arctocephalus gazella), southern elephant 
seals (Mirounga leonina), Weddell seals (Leptonychotes weddellii), 
leopard seals (Hydrurga leptonyx) and crabeater seals (Lobodon 
carcinophagus). Of these, fur seals are the only confirmed breeders on 
the island, although small numbers of elephant seals probably breed on 
the island early in the spring. During the last few years approximately 
600 fur seal pups have been born in the Seal Islands group, with 
approximately half of these born on Seal Island and half on Large Leap 
Island (Figure 2). The fur seal pupping and pup-rearing period at Seal 
Island extends from late November to early April. During the austral 
summer, elephant seals are ashore during their moult period; Weddell 
seals regularly haul out on the beaches; crabeater seals are infrequent 
visitors; and leopard seals are common both ashore and in coastal 
waters where they prey on penguins and fur seal pups.
C. CEMP Studies
    1. The presence at the Seal Islands of both Antarctic fur seal and 
penguin breeding colonies, as well as significant commercial krill 
fisheries within the foraging range of these species make this an 
excellent site for inclusion in the CEMP network of sites established 
to help meet CCAMLR objectives. However, recent geological assessments 
of Seal Island have indicated that soil composition of cliff areas 
above and around the camp site are unstable and might result in 
catastrophic failure during periods of intense rainfall. Therefore, in 
1994 the AMLR Program terminated its research at Seal Island and 
between 1996 and 1999 dismantled and retrograded all camp and 
observation blind structures.
    2. No CEMP studies are being conducted at Seal Island and the USA 
has no plans to occupy the site in the future except to conduct seal 
and bird censuses.
D. Protection Measures
    1. Prohibited activities and temporal constraints:
    (a) Throughout the site at all times of the year. Any activities 
which damage, interfere with, or adversely affect CEMP monitoring and 
directed research which potentially could be conducted at this site are 
not permitted.
    (b) Throughout the site at all times of the year. Any non-CEMP 
activities are not permitted which result in:
    (i) Killing, injuring, or disturbing pinnipeds or seabirds;
    (ii) Damaging or destroying pinniped or seabird breeding areas; or
    (iii) Damaging or destroying the access of pinnipeds or seabirds to 
their breeding areas.
    (c) Throughout the site at defined parts of the year: Human 
occupation of the site during the period 1 June to 31 August is not 
permitted except under emergency circumstances.
    (d) In parts of the site at all times of the year: Building 
structures within the boundaries of any pinniped or seabird colony is 
not permitted. For this purpose, colonies are defined as the specific 
locations where pinniped pups are born or where seabird nests are 
built. This prohibition does not pertain to placing markers (e.g. 
numbered stakes, posts etc.) or situating research equipment in 
colonies as may be required to facilitate scientific research.
    (e) In parts of the site at defined parts of the year: Entry into 
any pinniped or seabird colonies during the period 2 September to 31 
May is not permitted except in association with CEMP activities.

[[Page 3807]]

    2. Prohibitions regarding access to and movement within or over the 
site:
    (a) Entry of the site at locations where pinniped or seabird 
colonies are present in the immediate vicinity is not permitted.
    (b) Aircraft overflight of the site is not permitted at altitudes 
less than 1 000 m unless the proposed flight plan has been reviewed in 
advance by the organisation(s) conducting CEMP activities at the site 
(see Section E.2).
    (c) The use of land vehicles is not permitted except to transport 
equipment and supplies to and from the field camp.
    (d) Pedestrians are not permitted to walk through areas used 
regularly by pinnipeds and seabirds (i.e. colonies, resting areas, 
pathways) or to disturb other fauna or flora, except as necessary to 
conduct authorised research.
    3. Prohibitions regarding structures:
    (a) New structures are not permitted to be built within the site 
unless the proposed plans have been reviewed in advance by the 
organisation(s) conducting CEMP activities at the site (see Section 
E.2).
    (b) Building structures other than those directly supporting CEMP 
directed scientific research and monitoring activities or to house 
personnel and/or their equipment is not permitted.
    (c) Human occupation of these structures is not permitted during 
the period 1 June to 31 August (see Section D.1(c)).
    4. Prohibitions regarding waste disposal:
    (a) Landfill disposal of non-biodegradable materials is not 
permitted; non-biodegradable materials brought to the site are to be 
removed when no longer in use.
    (b) Disposal of waste fuels, volatile liquids and scientific 
chemicals within the site is not permitted; these materials are to be 
removed from the site for proper disposal elsewhere.
    (c) The burning of any non-organic materials or the open burning of 
any materials is not permitted (except for properly used fuels for 
heating, lighting, cooking or electricity).
    5. Prohibitions regarding the Antarctic Treaty System:
    It is not permitted to undertake any activities in the Seal Islands 
CEMP Protected Area which are not in compliance with the provisions of: 
(i) the Antarctic Treaty, including the Agreed Measures for the 
Conservation of Antarctic Fauna and Flora; (ii) the Convention on the 
Conservation of Antarctic Seals; and (iii) the Convention on the 
Conservation of Antarctic Marine Living Resources.
E. Communications Information
    1. Organisation(s) appointing national representatives to the 
Commission: Bureau of Oceans and International Environmental and 
Scientific Affairs, US Department of State, Washington, DC 20520, USA, 
Telephone: +1 (202) 647 3262, Facsimile: +1 (202) 647 1106.
    2. Organisation(s) which potentially might conduct CEMP studies at 
the site: US Antarctic Marine Living Resources Program, Southwest 
Fisheries Science Center, National Marine Fisheries Service, NOAA, PO 
Box 271, La Jolla, Ca. 92038, USA, Telephone: +1 (858) 546 5601, 
Facsimile: +1 (858) 546 5608.

Annex 91-03/A

    Seal Islands, Appendix 1

Code of Conduct for the Seal Islands, Antarctica

    Investigators should take all reasonable steps to ensure that their 
activities, both in implementing their scientific protocols as well as 
in maintaining a field camp, do not unduly harm or alter the natural 
behaviour and ecology of wildlife in the Seal Islands. Wherever 
possible, actions should be taken to minimise disturbance of the 
natural environment. Capturing, handling, killing, photographing and 
taking eggs, blood or other biological samples from pinnipeds and 
seabirds should be limited to that necessary to provide essential 
background information or to characterise and monitor individual and 
population parameters that may change in detectable ways in response to 
changes in food availability or other environmental factors. Sampling 
should be done and reported in accordance with: (i) The Antarctic 
Treaty, including the Agreed Measures for the Conservation of Antarctic 
Fauna and Flora; (ii) the Convention for the Conservation of Antarctic 
Seals; and (iii) the Convention on the Conservation of Antarctic Marine 
Living Resources. Geological and other studies which can be done inside 
of the pinniped and seabird breeding seasons in such a way as they do 
not damage or destroy pinniped or seabird breeding areas, or access to 
those areas, would be permitted as long as they would not adversely 
affect the planned assessment and monitoring studies. Likewise, the 
planned assessment and monitoring studies would not be affected 
adversely by periodic biological surveys or studies of other species 
which do not result in killing, injuring or disturbing pinnipeds or 
seabirds, or damage or destroy pinnipeds or seabird breeding areas or 
access to those areas.

Annex 91-03/A

    Seal Islands, Appendix 2

Background Information Concerning the Seal Islands, Antarctica

    Prior to 1819, there were substantial colonies of fur seals, and 
possible elephant seals, throughout the South Shetland Islands 
archipelago. Thereafter, commercial exploitation increased and, by the 
mid-1820s, fur seal breeding colonies had been completely destroyed 
throughout the South Shetland Islands (Stackpole, 1955; O'Gorman, 
1963). Antarctic fur seals were not observed again in the South 
Shetland Islands until 1958, when a small colony was discovered at Cape 
Shirreff, Livingston Island (O'Gorman, 1961). The original colonisers 
probably came from South Georgia where surviving fur seal colonies had 
substantially recovered by the early 1950s. At present, the fur seal 
rookeries in the Seal Islands group are the second largest in the South 
Shetland Islands, with the largest rookeries being at Cape Shirreff and 
Telmo Islands, Livingston Island (Bengtson et al., 1990). During the 
past three decades, the population of Antarctic fur seals in the South 
Shetland Islands grew to a level at which tagging or other research 
could be undertaken at selected locations without threatening the 
population's continued existence and growth. During the 1986/87 austral 
summer, researchers from the USA surveyed areas on the South Shetland 
Islands and the Antarctic Peninsula to identify fur seal and penguin 
breeding colonies that might be suitable for inclusion in the network 
of CEMP monitoring sites being established. The results of that survey 
(Shuford and Spear, 1987; Bengtson et al., 1990), suggested that the 
Seal Island area would be an excellent site for long-term monitoring of 
fur seal and penguin colonies that might be affected by fisheries in 
the Antarctic Peninsula Integrated Study Region. To safely and 
effectively carry out a long-term monitoring program, a temporary, 
multi-year field camp for a small group of researchers was established 
on Seal Island. This camp was occupied annually by U.S. scientists 
during the austral summer (approximately December to February) between 
1986/87 and 1993/94. Because of the geological assessment that the 
cliff areas above and around the camp site are unstable and might 
result in catastrophic failure during periods of intense rainfall, the 
camp was closed. Between 1995/96 and 1998/99 all buildings, equipment, 
and supplies were retrograded from the

[[Page 3808]]

island. In 1991, to protect the site from damage or disturbance that 
could adversely affect the long-term CEMP monitoring and directed 
research which were being conducted and planned for the future, the 
Seal Islands were proposed as a CEMP Protected Area. At its 1997 
meeting (SC-CAMLR-XVI, paragraphs 4.17 to 4.20), the CCAMLR Scientific 
Committee reviewed the status of the Seal Island CEMP site management 
plan. Based on the expectation that research at the site would end, the 
Scientific Committee agreed that site protection would be extended for 
five years.

Bibliography

    Bengtson, J.L., L.M. Ferm, T.J. H[aacute]rk[ouml]nen and B.S. 
Stewart. 1990. Abundance of Antarctic fur seals in the South Shetland 
Islands, Antarctica, during the 1986/87 austral summer. In: Kerry, K. 
and G. Hempel (Eds). Antarctic Ecosystems, Proceedings of the Fifth 
SCAR Symposium on Antarctic Biology. Springer-Verlag, Berlin: 265-270. 
O'Gorman, F.A. 1961. Fur seals breeding in the Falkland Island 
Dependencies. Nature, Lond., 192: 914-916. O'Gorman, F.A. 1963. The 
return of the Antarctic fur seal. New Scientist, 20: 374-376. Shuford, 
W.D. and L.B. Spear. 1987. Surveys of breeding penguins and other 
seabirds in the South Shetland Islands, Antarctica, January-February 
1987. Report of the U.S. National Marine Fisheries Service. Stackpole, 
E.A. 1955. The voyage of the Huron and the Huntress: the American 
sealers and the discovery of the continent of Antarctic. The Marine 
Historical Association, Inc., Mystic, Conn., 29: 1-86.

Resolution 21/XXIII

Electronic Catch Documentation Scheme for Dissostichus spp.

Species toothfish
Area all
Season all
Gear all

    The Commission, Noting the successful implementation of the trial 
electronic Catch Documentation Scheme for Dissostichus spp. (E-CDS) 
during the intersessional period, Desiring to ensure that Dissostichus 
Catch Documents are handled in the most efficient and timely way, Aware 
of the importance of applying the best technologies to make the 
functioning of the Catch Documentation Scheme for Dissostichus spp. 
(CDS) more secure against, inter alia, possible fraudulent activities; 
Noting that, whilst paper-based Dissostichus Catch Documents will, for 
the time being, also be retained, some Contracting Parties are already 
converting to electronic systems,
    1. Urges Contracting Parties, and non-Contracting Parties 
cooperating in the CDS, to adopt the E-CDS as a matter of priority.
    2. Requests the Secretariat to compile information relating to, and 
submit a report on, the implementation of the E-CDS so that the 
effectiveness of the electronic scheme can be reviewed at the next 
meeting of the Commission.

Resolution 22/XXIII

International Actions To Reduce the Incidental Mortality of Seabirds 
Arising From Fishing

Species toothfish
Area all
Season all
Gear all

    The Commission, Recollecting 1 that together with the 
potential impact of illegal, unregulated and unreported (IUU) fishing 
for toothfish within the Convention Area, the greatest current threat 
to species and populations of Southern Ocean seabirds breeding in the 
Convention Area is mortality in longline fisheries in waters outside 
the Convention Area,
    Noting that the seabirds caught are almost entirely albatrosses and 
petrels and of species which are threatened with global extinction 
2, Concerned at increasing evidence of incidental mortality 
of seabirds in trawl fisheries, especially in waters outside the 
Convention Area 3, Noting the substantial reduction 
4 of incidental mortality of seabirds in the Convention Area 
as a result of conservation measures implemented by the Commission, 
Concerned that, despite such measures, many populations of albatross 
species breeding in the Convention Area continue to decline 
5,
    Noting reports of substantial levels and rates of incidental 
mortality of seabirds breeding in the Convention Area in longline 
fisheries in waters outside the Convention Area 6,
    Recognising that fisheries in high-seas waters outside the 
Convention Area are regulated by regional fishery management 
organisations (RFMOs), Recalling repeated attempts to communicate these 
concerns to RFMOs 7,
    1. Invites listed RFMOs (Appendix 1) to implement or develop, as 
appropriate, mechanisms to require the collection, reporting and 
dissemination of data on incidental mortality of seabirds, 
particularly:
    (i) Rates of incidental mortality of seabirds associated with each 
fishery, details of the seabird species involved, and estimates of 
total seabird mortality (at least at the scale of FAO area);
    (ii) Measures to minimise or avoid mortality of seabirds that are 
in use in each fishery and the extent to which any of these are 
voluntary or mandatory, together with an assessment of their 
effectiveness;
    (iii) The nature of scientific observer programs, including 
observer coverage, associated with each fishery.
    2. For areas where such mechanisms are currently unavailable or 
where systematic data reporting has not commenced, requests Flag States 
conducting longline fishing (or other fishing methods) outside the 
Convention Area, which incidentally take seabirds of species breeding 
in the Convention Area, to provide the CCAMLR Secretariat with summary 
data as specified in paragraph 1 above.
    3. Urges Members that are also members of listed RFMOs to:
    (i) Request that the topic of seabird incidental mortality be 
included on the agenda of pertinent meetings of each RFMO and, where 
appropriate, to send relevant experts to these meetings;
    (ii) Identify those areas and circumstances within the listed RFMOs 
where incidental mortality of seabirds occurs;
    (iii) Identify those mitigation measures which would be most 
effective at reducing or eliminating such mortality and to require such 
measures to be implemented in the relevant fisheries.
    4. Encourages Flag States involved with new and developing RFMOs to 
request that incidental mortality of seabirds (and other by-catch taxa 
as appropriate) is adequately addressed and mitigated. Appropriate 
initiatives might include:
    (i) Establishment or expansion of existing observer programs and 
adoption of appropriate data collection protocols on seabird incidental 
mortality;
    (ii) Establishment of by-catch working groups that will address 
incidental mortality issues and make recommendations for suitable, 
practicable, and effective mitigation measures, including evaluation of 
established and innovative technologies and techniques;
    (iii) Evaluations of fishery impacts on the affected seabird 
populations;
    (iv) Cooperate (e.g. on data exchange) with listed RFMOs.

    1 CCAMLR-XX, paragraph 6.33; SC-CAMLR-XX, paragraph 
4.73; SC-CAMLR-XXII, Annex 5, paragraph 6.273
    2 SC-CAMLR-XXIII/BG/22; SC-CAMLR-XXII, paragraph 5.26 
and Annex 5, paragraphs 6.138 to 6.145

[[Page 3809]]

    3 SC-CAMLR-XXII, Annex 5, paragraphs 6.248 and 6.250
    4 CCAMLR-XXIII, paragraph 5.2(i); SC-CAMLR-XXIII, 
paragraph 5.46(i) and Annex 5, Table 6.3
    5 CCAMLR-XXIII, paragraph 5.1; SC-CAMLR-XXIII, 
paragraphs 5.46(viii) and 5.20(v) and Annex 5, paragraphs 7.151 and 
7.152
    6 SC-CAMLR-XXII, Annex 5, paragraph 6.130; SC-CAMLR-
XXIII, paragraph 5.19 and Annex 5, paragraphs 7.124 to 7.128;
    7 CCAMLR-XXI, paragraph 6.16; SC-CAMLR-XXI, 
paragraphs 5.30 to 5.34; CCAMLR-XXII, paragraph 5.17; SC-CAMLR-XXII, 
paragraph 5.28 and Annex 5, paragraphs 6.177 and 6.178; SC-CAMLR-
XXIII, paragraphs 5.21(iii) and 5.48(iv) and Annex 5, paragraphs 
7.165 and 7.166

Appendix 1--Regional Fisheries Management Organisations Identified for 
Contact With Respect To Tasks on the Mitigation of By-Catch of Southern 
Ocean Seabirds

Inter-American Tropical Tuna Commission (I-ATTC)
International Commission for the Conservation of Atlantic Tunas 
(ICCAT)
South East Atlantic Fisheries Organisation (SEAFO)
Indian Ocean Tuna Commission (IOTC)
Commission for the Conservation of Southern Bluefin Tuna (CCSBT)
Agreement on the Organization of the Permanent Commission on the 
Exploitation and Conservation of the Marine Resources of the South 
Pacific, 1952 (CPPS)
Southwest Indian Ocean Fisheries Commission (SWIOFC)--when it is 
established

    The Fourth Intergovernmental Consultation on the establishment 
of the Southwest Indian Ocean Fisheries Commission was held in Mahe, 
Seychelles, from 13 to 16 July 2004.
    Commission for Highly Migratory Species in the Central and 
Western Pacific (WCPFC)
    The Convention, establishing WCPFC has entered in force on 19 
June 2004. The Commission does not yet exist as functioning body.
    Western Indian Ocean Tuna Organization Convention (WIOTO)
    The organization does not have regulatory power.

Resolution 23/XXIII

Safety on Board Vessels Fishing in the Convention Area
Species all
Area all
Season all
Gear all

    The Commission, Recognising the difficult and dangerous conditions 
experienced in high-latitude fisheries in the Convention Area,
    Further considering the remoteness of those waters and in 
consequence the difficulties of seach and rescue response,
    Desiring to ensure that the safety of fishing crews and CCAMLR 
scientific observers remains a priority concern of all Members,
    Urges Members to take particular measures through, inter alia, 
appropriate survival training and the provision and maintenance of 
appropriate equipment and clothing to promote the safety of all those 
on board vessels fishing in the Convention Area.

    Dated: January 12, 2005.
Margaret F. Hayes,
Director, Office of Oceans Affairs, Department of State.
[FR Doc. 05-1223 Filed 1-25-05; 8:45 am]
BILLING CODE 3510-22-P