[Federal Register Volume 71, Number 17 (Thursday, January 26, 2006)]
[Notices]
[Pages 4406-4440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-503]



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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. 71, No. 17 / Thursday, January 26, 2006 / 
Notices  

[[Page 4406]]


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DEPARTMENT OF STATE

[ID.122005D]


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-Fourth Meeting in Hobart, Tasmania, from October 
24 to November 4, 2005, 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-Fourth 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 27, 2006.

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.
    Review of existing conservation measures and resolutions:
    The Commission noted that the following conservation measures will 
lapse on 30 November 2005: 32-09 (2004), 33-02 (2004), 33-03 (2004), 
41-01 (2004), 41-02 (2004), 41-04 (2004), 41-05 (2004), 41-06 (2004), 
41-07 (2004), 41-08 (2004), 41-09 (2004), 41-10 (2004), 41-11 (2004), 
42-02 (2004), 52-01 (2004), 52-02 (2004) and 61-01 (2004). The 
Commission also noted that Conservation Measure 42-01 (2004) will lapse 
on 14 November 2005. All of these measures dealt with fishery-related 
matters for the 2004/05 season.
    The Commission agreed that the following conservation measures will 
remain in force in 2005/06: Compliance 10-01 (1998), 10-02 (2004). 
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), 25-01 
(1996), 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), 32-16 (2003), 
32-17 (2003), 33-01 (1995), 51-01 (2002), 51-02 (2002), 51-03 (2002). 
Protected Areas 91-01 (2004), 91-02 (2004), 91-03 (2004).
    At its twenty-fourth meeting in Hobart, Tasmania, the Commission 
agreed that the following resolutions will remain in force in 2005/06: 
7/IX, 10/XII, 14/XIX, 15/XXII, 16/XIX, 17/XX, 18/XXI, 19/XXI, 20/XXII, 
21/XXIII, 22/XXIII and 23/XXIII.
    New and Revised Conservation Measures. The Commission revised the 
following conservation measures at its twenty-fourth meeting: 
Compliance 10-03 (2002), 10-04 (2004), 10-05 (2004), 10-06 (2004), 10-
07 (2003). General fishery matters: 21-02 (2004), 23-01 (2004), 23-06 
(2004), 24-01 (2003), 24-02 (2004) and 25-02 (2003).
    In addition, thirty Conservation Measures and one Resolution were 
adopted at the twenty-fourth meeting: (For further information, see the 
CCAMLR Web site at http://www.ccamlr.org under Publications for the 
Schedule of Conservation Measures in Force (2005/2006), or contact the 
Commission at the CCAMLR Secretariat, P.O. Box 213, North Hobart, 
Tasmania 7002, Australia. Tel: (61) 3-6234-9965.)

Conservation Measures and Resolutions Adopted at CCAMLR-XXIV

Conservation Measure 10-03 (2005) 1 2 3

Port Inspections of Vessels Carrying Toothfish
    1. Contracting Parties shall undertake inspections of all fishing 
vessels carrying Dissostichus spp. which enter their ports. The 
inspection shall be for the purpose of determining that if the vessel 
carried out harvesting activities in the Convention Area, these 
activities were carried out in accordance with CCAMLR conservation 
measures, and that if it intends to land or tranship Dissostichus spp. 
the catch to be unloaded or transhipped is accompanied by a 
Dissostichus catch document required by Conservation Measure 10-05 and 
that the catch agrees with the information recorded on the document.
    2. To facilitate these inspections, Contracting Parties shall 
require vessels to provide advance notice of their entry into port and 
to convey a written declaration that they have not engaged in or 
supported illegal, unreported and unregulated (IUU) fishing in the 
Convention Area. The inspection shall be conducted within 48 hours of 
port entry and shall be carried out in an expeditious fashion. It shall 
impose no undue burdens on the vessel or its crew, and shall be guided 
by the relevant provisions of the CCAMLR System of Inspection. Vessels 
which either declare that they have been involved in IUU fishing or 
fail to make a declaration shall be denied port access, other than for 
emergency purposes.
    3. In the event that there is evidence that the vessel has fished 
in contravention of CCAMLR conservation measures, the catch shall not 
be landed or transshipped. The Contracting Party will inform the Flag 
State of the vessel of its inspection findings and will cooperate with 
the Flag State in taking such appropriate action as is required to 
investigate the alleged infringement and, if necessary, apply 
appropriate sanctions in accordance with national legislation.

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    4. Contracting Parties shall promptly provide the Secretariat with 
a report on the outcome of each inspection conducted under this 
conservation measure. In respect of any vessels denied port access or 
permission to land or tranship Dissostichus spp., the Secretariat shall 
promptly convey such reports to all Contracting Parties and to all non-
Contracting Parties cooperating with the Commission by participating in 
the Catch Documentation.
Scheme for Dissostichus spp. (CDS)
    \1\ Except for waters adjacent to the Kerguelen and Crozet 
Islands.
    \2\ Except for waters adjacent to the Prince Edward Islands.
    \3\ 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.

Conservation Measure 10-04 (2005)

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

    The Commission, recognizing 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 589 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 license 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%; and
    (iii) The date and time (expressed in UTC) of the fixing of the 
said position 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; and
    (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 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 anyway;
    (iii) The power supply of the satellite monitoring device is not 
interrupted in any way; and
    (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 12, 
the up-to-date geographical position of the vessel by electronic means 
(email, 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 
authorized 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.

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    11.2 3 Each Contracting Party shall forward VMS reports 
and messages received, pursuant to paragraph 1, to the CCAMLR 
Secretariat as soon as possible:
    (i) But not later than four hours after receipt for those 
exploratory longline fisheries subject to conservation measures adopted 
at CCAMLR-XXIV; or
    (ii) But not later than 10 working days following departure from 
the Convention Area for all other fisheries.
    12. 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.
    13. 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.
    14. Each Flag State shall in addition notify the CCAMLR Secretariat 
as soon as possible of each entry to, exit from and movement between 
sub areas and divisions of the Convention Area by each of its fishing 
vessels in the format outlined in Annex 10-04/A.
    15. 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 paragraphs 11 and 14 in 
parallel to the CCAMLR Secretariat.
    16. Each Flag State shall notify the name, address, email, 
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 sub area 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 website. This list shall be 
divided into sub areas and divisions, without indicating the exact 
positions of vessels, and be updated when a vessel changes sub area 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 subject 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 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 EEZ 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.

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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. Requests for data must be made by the main Commission Contact 
or an alternative contact nominated by the main Commission Contact of 
the Contracting Party concerned. The Secretariat shall only provide 
data to a secure email address specified at the time of making a 
request for data.
    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 website.
    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 there 
from 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, sub 
area 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 related to the 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 sub area or division. Departure is deemed to have been 
effected six hours after the transmission of the intention to exit from 
the CCAMLR sub area 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 
organizational measures to protect reports and messages against 
accidental or unlawful destruction or accidental loss, alteration, 
unauthorized 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 unauthorized persons.
     Authenticity and data access control: The system has to be 
able to limit the access of authorized 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

[[Page 4410]]

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 their 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 (2005)

Catch Documentation Scheme for Dissostichus spp.
Species Toothfish
Season all
Season all
Gear all

    The Commission,
    Concerned that illegal, unreported and unregulated (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. The following definitions are intended only for the purposes of 
the completion of CDS documents and shall be applied as stated 
regardless of whether such actions as landings, transhipments, imports, 
exports or re-exports constitute the same under any CDS participant's 
customs law or other domestic legislation:
    (i) Port State: The State that has control over a particular port 
area or free trade zone for the purposes of landing, transhipment, 
importing, exporting and re-exporting and whose authority serves as the 
authority for landing or transhipment certification.
    (ii) Landing: The initial transfer of catch in its harvested or 
processed form from a vessel to dockside or to another vessel in a port 
or free trade zone where the catch is certified by an authority of the 
Port State as landed.
    (iii) Export: Any movement of a catch in its harvested or processed 
form from territory under the control of the State or free trade zone 
of landing, or, where that State or free trade zone forms part of a 
customs union, any other member State of that customs union.
    (iv) Import: The physical entering or bringing of a catch into any 
part of the geographical territory under the control of a State, except 
where the catch is landed or transhipped within the definitions of 
`landing' or `transhipment' in this conservation measure.
    (v) Re-export: Any movement of a catch in its harvested or 
processed form from territory under the control of a State, free trade 
zone, or member State of a customs union of import unless that State, 
free trade zone, or any member State of that customs union of import is 
the first place of import, in which case the movement is an export 
within the definition of `export' in this conservation measure.
    (vi) Transhipment: The transfer of a catch in its harvested or 
processed form from a vessel to another vessel or means of transport, 
and, where such transfer takes place within the territory under the 
control of a Port State, for the purpose of effecting its removal from 
that State. For the avoidance of doubt, temporarily placing a catch on 
land or an artificial structure to facilitate such transfer shall not 
prevent the transfer from being a transshipment where the catch is not 
`landed' within the definition of `landing' in this conservation 
measure.
    2. 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.
    3. Each Contracting Party shall require that each master or 
authorized representative flag vessels authorized to engage in 
harvesting of Dissostichus eleginoides and/or Dissostichus mawsoni 
complete a Dissostichus catch document (DCD) for the catch landed or 
transshipped on each occasion that it lands or transships Dissostichus 
spp.
    4. Each Contracting Party shall require that each landing of 
Dissostichus spp. at its ports and each transshipment of Dissostichus 
spp. to its vessels be accompanied by a completed DCD. The landing of 
Dissostichus spp. without a catch document is prohibited.
    5. 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

[[Page 4411]]

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.
    6. 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 7 and 8, to any of its flag 
vessels that intend to harvest Dissostichus spp.
    7. 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 license or permit, whichever is 
applicable, that is issued to the vessel;
    (iv) The weight of each Dissostichus species landed or transhipped 
by product type, and (a) by CCAMLR statistical subarea or division if 
caught in the Convention Area; and/or (b) by FAO statistical area, 
subarea or division if caught outside the Convention Area;
    (v) The dates within which the catch was taken;
    (vi) The date and the port at which the catch was landed or the 
date and the vessel, its flag and national registry number, to which 
the catch was transshipped;
    (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.
    8. Procedures for completing DCDs in respect of vessels are set 
forth in paragraphs A1 toA10 of Annex 10-05/A to this measure. The 
standard catch document is attached to the annex.
    9. 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.
    10. 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.
    11. 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.
    12. If, as a result of an examination referred to in paragraph 11 
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.
    13. 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 submit 
annually to the Secretariat a summary list of documents issued from or 
received into its territory in respect of transhipments, landings, 
exports, re-exports and imports. The list shall include: Document 
identification numbers; date of landing, export, reexport, import; 
weights landed, exported, re-exported or imported.
    14. Each Contracting Party, and any non-Contracting Party that 
issues DCDs in respect of its flag vessels in accordance with paragraph 
6, shall inform the CCAMLR Secretariat of the national authority or 
authorities (including names, addresses, phone and fax numbers and 
email addresses) responsible for issuing and validating DCDs.
    15. 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.
    16. If, following an examination under paragraph 11, questions 
under paragraph 12 or requests for additional verification of documents 
under paragraph 15, 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.
    17. 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.
    18. 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 10-
05/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;
    (ii) A three-digit sequence number (beginning with 001) to denote 
the order in which catch document forms are issued. It shall also enter 
on each Dissostichus catch document form the number as appropriate of 
the license or permit issued to the vessel.
    A2. The master of a vessel which has been issued a Dissostichus 
catch document form or forms shall adhere to the following procedures 
prior to each landing or transhipment of Dissostichus spp.:
    (i) The master shall ensure that the information specified in 
paragraph 7 of

[[Page 4412]]

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 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 (including the attachments if provided) 
by a responsible official of the exporting State.
    (v) The exporter shall indicate the transport details as 
appropriate: If by sea container(s) number(s) if appropriate, or vessel 
name, and Bill of lading number, date and place of issue; if by air 
Flight

[[Page 4413]]

number, airway bill number, place and date of issue; If by other means 
(ground transportation) truck registration number and nationality, 
railway transport number, date and place of issue.
    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 re-exporter shall indicate the transport details as 
appropriate: if by sea container(s) number(s) if appropriate, or vessel 
name, and bill of lading number, date and place of issue;
    If by air flight number, airway bill number, place and date of 
issue;
    If by other means (ground transportation) truck registration number 
and nationality, railway transport number, date and place of issue.
    (v) The responsible official of the re-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 1.5

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--Transport Details
If by sea/air: Container number (if more than one--attach list).
If no container: Vessel name; or
Flight number; and
Bill of lading/airway bill number; and
Date and place of issue
If ground transport: Truck registration number and nationality; or
Railway transport number: and
Date and place of issue
12. Exporter Declaration: I certify that the above information is 
complete, true and correct 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 Country of export seal (Stamp)
14. Import Section
Name of Importer Address
Point of Unlading: Address State/Province Country City
*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 V1.2

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)

Re-Export--Transport Details

If by sea/air: Container number (if more than one--attach list)
If no container: Vessel name; or
Flight number; and
Bill of lading/airway bill number; and
Date and place of issue
If ground transport: Truck registration number and nationality; or
Railway transport number: and
Date and place of issue
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) 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.

[[Page 4414]]

    (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 
itemized statement of estimated expenditure.
    (iv) The Commission will, at each annual meeting, designate six 
Members to serve on a Review Panel to review proposals made 
intersessionally and to make recommendations to the Commission on 
whether to fund special projects or special needs. The Review Panel 
will operate by e-mail 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 (2005)

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, unreported and unregulated (IUU) fishing 
compromises the objective of the Convention,
    Aware that a number of vessels registered to Parties and non-
Parties are engaged in activities which diminish the effectiveness of 
CCAMLR conservation measures, Recalling that Contracting Parties are 
required to cooperate in taking appropriate action to deter any 
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 (CP-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 Food and 
Agriculture Organization of the United Nations (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 considering whether to include the vessel concerned in the 
CP-IUU Vessel List under Conservation Measure 10-06. The Executive 
Secretary shall within one business day circulate the report to the 
other Contracting Parties and to non-Contracting Parties cooperating 
with the Commission by participating in the Catch Documentation Scheme 
for Dissostichus spp. (CDS), and invite them to communicate any 
information available to them in respect of the vessels referred to 
above, including their ownership, operators and their trade activities.
    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 CP-IUU Vessel 
List.
    5. In order for a Contracting Party's vessel to be included in the 
CP-IUU Vessel List there must be evidence, gathered in accordance with 
paragraphs 2 and 3, that the vessel has:
    (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) Not recorded or not declared its catches made in the CCAMLR 
Convention Area in accordance with the reporting system applicable to 
the fisheries it engaged in, or made false declarations; or

[[Page 4415]]

    (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. vessels on the CP-IUU Vessel List or 
the NCP-IUU Vessel List established under Conservation Measure 10-07); 
or
    (vi) Failed to provide, when required under Conservation Measure 
10-05, a valid catch document for Dissostichus spp.; or
    (vii) 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
    (viii) 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.
Draft CP-IUU Vessel List
    6. The Executive Secretary shall, before 1 July of each year, draw 
up a draft list of Contracting Party vessels (the Draft CP-IUU Vessel 
List), listing all Contracting Party vessels that, on the basis of the 
information gathered in accordance with paragraphs 2 and 3, and any 
other information that the Executive Secretary might have obtained in 
relation thereto, and the criteria defined in paragraph 4, might be 
presumed to have engaged in any of the activities referred to in 
paragraph 5 during the period beginning 30 days before the start of the 
previous CCAMLR annual meeting. The Draft CP-IUU Vessel List shall be 
distributed immediately to the Contracting Parties concerned.
    7. Contracting Parties whose vessels are included in the Draft CP-
IUU Vessel List shall transmit their comments to the Executive 
Secretary before 1 September, including verifiable VMS data and other 
supporting information showing that the vessels listed have not engaged 
in the activities which led to their inclusion in the Draft CP-IUU 
Vessel List.
Provisional CP-IUU Vessel List
    8. The Executive Secretary shall create a new list (``the 
Provisional CP-IUU Vessel List'') which shall comprise the Draft CP-IUU 
Vessel List and all information received pursuant to paragraph 7. 
Before 1 October, the Executive Secretary shall transmit the 
Provisional CP-IUU Vessel List, the CP-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 CP-IUU Vessel List and CP-IUU Vessel List to all 
Contracting Parties and non-Contracting Parties cooperating with the 
Commission by participating in the CDS. The Executive Secretary shall 
at the same time:
    (i) Request non-Contracting Parties cooperating with the Commission 
by participating in the CDS 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 Provisional CP-IUU Vessel 
List until such time as the Commission has had the opportunity to 
consider the List and has made its determination;
    (ii) 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 CP-IUU Vessel List and 
CP-IUU Vessel List, at the latest 30 days before the start of the next 
CCAMLR annual meeting. Where the incident occurs within the month 
preceding the next CCAMLR annual meeting, evidence or documented 
information should be provided as soon as possible.
    9. Contracting Parties shall take all necessary measures, to the 
extent possible in accordance with their applicable laws and 
regulations, in order that:
    (i) They do not register or de-register vessels that have been 
placed on the Provisional CP-IUU List until such time as the Commission 
has had the opportunity to examine the List and has made its 
determination;
    (ii) If they do de-register a vessel on the Provisional CP-IUU 
Vessel List they inform, where possible, the Executive Secretary of the 
proposed new Flag State of the vessel, whereupon the Executive 
Secretary shall inform that State that the vessel is on the Provisional 
CP-IUU Vessel List and urge that State not to register the vessel.
Proposed and Final CP-IUU Vessel List
    10. Contracting Parties shall submit to the Executive Secretary any 
additional information which might be relevant for the establishment of 
the CP-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 
annual meeting. A report containing this information shall be submitted 
in the format set out in paragraph 16, and Contracting Parties shall 
indicate that the information is provided for the purposes of 
considering whether to include the vessel concerned in the CP-IUU 
Vessel List under 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 16(i) to (viii).
    11. 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 8 and 
9, together with any other evidence or documented information received 
in terms of paragraphs 2 and 3.
    12. At each CCAMLR annual meeting, the Standing Committee on 
Implementation and Compliance (SCIC) shall, by consensus:
    (i) Adopt a Proposed CP-IUU Vessel List, following consideration of 
the Provisional CP-IUU Vessel List and information and evidence 
circulated under paragraph 10. The Proposed CP-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 CP-IUU Vessel List adopted at the previous CCAMLR 
annual meeting, following consideration of that List and information 
and evidence circulated under paragraph 10.
    13. SCIC shall include a vessel on the Proposed CP-IUU Vessel List 
only if one or more of the criteria in paragraph 5 have been satisfied.
    14. SCIC shall recommend that the Commission should remove a vessel 
from the CP-IUU Vessel List if the Contracting Party proves that:
    (i) The vessel did not take part in the activities described in 
paragraph 1 which led to the inclusion of the vessel in the CP-IUU 
Vessel List; or
    (ii) It has taken effective action in response to the activities in 
question, including prosecution and imposition of sanctions of adequate 
severity; or
    (iii) The vessel has changed ownership, including beneficial 
ownership if known to be distinct from the registered 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

[[Page 4416]]

    (iv) It 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.
    15. In order to facilitate the work of SCIC and the Commission, the 
Executive Secretary 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.
    16. The Draft CP-IUU Vessel List, Provisional CP-IUU Vessel List, 
Proposed CP-IUU Vessel List and the CP-IUU Vessel List shall contain 
the following details:
    (i) Name of vessel and previous names, if any;
    (ii) Flag of vessel and previous flags, if any;
    (iii) Owner of vessel and previous owners, including beneficial 
owners, if any;
    (iv) Operator of vessel and previous operators, if any;
    (v) Call sign of vessel and previous call signs, if any;
    (vi) Lloyds/IMO number;
    (vii) Photographs of the vessel, where available;
    (viii) Date vessel was first included on the CP-IUU Vessel List;
    (ix) 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.
    17. On approval of the CP-IUU Vessel List, the Commission shall 
request Contracting Parties whose vessels appear thereon to take all 
necessary measures to address these 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 on the CP-IUU Vessel List 
to fish in the Convention Area is prohibited;
    (ii) The issuance of a licence to vessels on the CP-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 resupply vessels on the CP-IUU 
Vessel List;
    (iv) Vessels on the CP-IUU Vessel List that enter ports voluntarily 
are not authorized to land or tranship therein and are inspected in 
accordance with Conservation Measure 10-03 on so entering;
    (v) The chartering of vessels on the CP-IUU Vessel List is 
prohibited;
    (vi) Granting of their flag to vessels on the CP-IUU Vessel List is 
refused;
    (vii) Imports, exports and re-exports of Dissostichus spp. from 
vessels on the CP-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 on the CP-IUU Vessel List;
    (ix) Importers, transporters and other sectors concerned are 
encouraged to refrain from dealing with and from transhipping of fish 
caught by vessels on the CP-IUU Vessel List;
    (x) Any appropriate information which is suitably documented is 
collected and submitted to the Executive Secretary, to be forwarded to 
Contracting Parties, and non-Contracting Parties, entities or fishing 
entities cooperating with the Commission by participating in the CDS, 
with the aim of detecting, controlling and preventing the importation 
or exportation of, and other trade-related activities relating to, 
catches from vessels on the CP-IUU Vessel List intended to circumvent 
this conservation measure.
    19. The Executive Secretary shall place the CP-IUU Vessel List 
approved by the Commission on the public section of the CCAMLR website. 
Furthermore, the Executive Secretary shall communicate the CP-IUU 
Vessel List to the FAO and appropriate regional fisheries organisations 
to enhance cooperation between CCAMLR and these organisations for the 
purposes of preventing, deterring and eliminating IUU fishing.
    20. The Executive Secretary shall circulate to non-Contracting 
Parties cooperating with the Commission by participating in the CDS the 
CP-IUU Vessel List, together with the request that, to the extent 
possible in accordance with their applicable laws and regulations, they 
do not register vessels that have been placed on the List unless they 
are removed from the List by the Commission.
    21. If Contracting Parties obtain new or changed information for 
vessels on the CP-IUU Vessel List in relation to the details in 
paragraphs 16(i) to (vii), they shall notify the Executive Secretary 
who shall place a notification on the secure section of the CCAMLR 
website and advise all Contracting Parties of the notification. If 
there are no comments on the information within seven (7) days, the 
Executive Secretary will revise the CP-IUU Vessel List.
    22. Without prejudice to their rights 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 CP-IUU Vessel List drawn up by the Executive Secretary, pursuant 
to paragraph 6.
    23. 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 CCAMLR conservation 
measures resulting from their vessels' activities, and to advise the 
Commission of actions taken in that regard.
    24. The Commission shall review, at subsequent CCAMLR annual 
meetings, as appropriate, action taken by those Contracting Parties to 
which requests have been made pursuant to paragraph 23, and identify 
those which have not rectified their activities.
    25. 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 their obligations as members of the World 
Trade Organization, that may be necessary to prevent, deter and 
eliminate the IUU 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 diminish the effectiveness of 
CCAMLR's conservation measures which are consistent with the United 
Nations Convention on the Law of the Sea 1982.

Conservation Measure 10-07 (2005)

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

    The Commission, convinced that illegal, unreported and unregulated 
(IUU) fishing compromises the objective of the Convention,

[[Page 4417]]

    Aware that a significant number of vessels registered to non-
Contracting Parties are engaged in activities which diminish the 
effectiveness of CCAMLR conservation measures, Recalling that 
Contracting Parties are required to cooperate in taking appropriate 
action to deter any 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. The Contracting Parties request non-Contracting Parties to 
cooperate fully with the Commission with a view to ensuring that the 
effectiveness of CCAMLR conservation measures is not undermined.
    2. At each annual meeting the Commission shall identify those non-
Contracting Parties whose vessels are engaged in IUU fishing activities 
in the Convention Area that threaten to undermine the effectiveness of 
CCAMLR conservation measures, and shall establish a list of such 
vessels (NCP-IUU Vessel List), in accordance with the procedures and 
criteria set out hereafter.
    3. 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 Food and 
Agriculture Organization of the United Nations (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.
    4. A non-Contracting Party vessel which has been sighted engaging 
in fishing activities in the Convention Area or which has been denied 
port access, landing or transhipment in accordance with Conservation 
Measure 10-03 is presumed to be undermining the effectiveness of CCAMLR 
conservation measures. In the case of any transshipment activities 
involving a sighted non-Contracting Party vessel inside or outside the 
Convention Area, the presumption of undermining the effectiveness of 
CCAMLR conservation measures applies to any other non-Contracting Party 
vessel which has engaged in such activities with that vessel.
    5. When a non-Contracting Party vessel referred to in paragraph 4 
enters a port of any Contracting Party, it shall be inspected by 
authorised Contracting Party officials in accordance with Conservation 
Measure 10-03 and shall not be allowed to land or tranship any fish 
species subject to CCAMLR conservation measures it might be holding on 
board unless the vessel establishes that the fish were caught in 
compliance with all relevant CCAMLR conservation measures and 
requirements under this Convention.
    6. A Contracting Party which sights a non-Contracting Party vessel 
engaging in fishing activities in the Convention Area or denies a non-
Contracting Party port access, landing or transhipment under paragraph 
5 shall attempt to inform the vessel that it is presumed to be 
undermining the effectiveness of CCAMLR conservation measures, and that 
this information will be distributed to the Executive Secretary, all 
Contracting Parties and the Flag State of the vessel.
    7. Information regarding such sightings or denial of port access, 
landings or transhipments, and the result of all inspections conducted 
in the ports of Contracting Parties, and any subsequent action shall be 
transmitted within one business day to the Commission in accordance 
with Article XXII of the Convention. The Executive Secretary shall 
transmit this information to all Contracting Parties, within one 
business day of receiving it, and to the Flag State of the vessel 
concerned as soon as possible and to appropriate regional fisheries 
organisations. At this time, the Executive Secretary shall, in 
consultation with the Chair of the Commission, request the Flag State 
concerned that, where appropriate, measures be taken in accordance with 
its applicable laws and regulations to ensure that the vessel desists 
from any activities that undermine the effectiveness of CCAMLR 
conservation measures, and that the Flag State report back to CCAMLR on 
the results of such enquiries and/or on the measures it has taken in 
respect of the vessel. The other Contracting Parties and non-
Contracting Parties cooperating with the Commission by participating in 
the Catch Documentation Scheme for Dissostichus spp. (CDS) shall be 
invited to communicate any information available to them in respect of 
the vessels referred to above, including their ownership, operators and 
their trade activities.
    8. Where a Contracting Party obtains information that a non-
Contracting Party vessel has engaged in activities set out in paragraph 
9, it shall submit a report containing this information, within 30 days 
of having become aware of it, to the Executive Secretary (including 
where such information has already been transmitted under paragraph 7). 
Contracting Parties shall indicate that the information is provided for 
the purposes of considering whether to include the vessel concerned in 
the NCP-IUU Vessel List under Conservation Measure 10-07. In addition, 
the Contracting Party may also submit the report directly to the non-
Contracting Party concerned. The Executive Secretary shall promptly 
forward the information to the non-Contracting Party concerned, 
indicating that it has been provided for the purposes of considering 
whether to include the vessel concerned in the NCP-IUU Vessel List 
under Conservation Measure 10-07. The Executive Secretary shall request 
that the Flag State take action to prevent the vessel undertaking any 
activities that undermine the effectiveness of CCAMLR conservation 
measures and that the Flag State report back to CCAMLR on the measures 
it has taken in respect of the vessel concerned. The Executive 
Secretary shall circulate the information and any report from the Flag 
State to all other Contracting Parties as soon as possible.
    9. In order for a non-Contracting Party's vessel to be included in 
the NCP-IUU Vessel List, there must be evidence, gathered in accordance 
with paragraphs 3 and 8, that the vessel has:
    (i) Been sighted engaging in fishing activities in the CCAMLR 
Convention Area; or
    (ii) Been denied port access, landing or transhipment in accordance 
with Conservation Measure 10-03; or
    (iii) Transhipped or participated in joint fishing operations with, 
supported or resupplied other vessels identified by CCAMLR as carrying 
out IUU fishing activities (i.e. vessels on the NCP-IUU Vessel List or 
the CP-IUU Vessel List established under Conservation Measure 10-06); 
or
    (iv) Failed to provide, when required under Conservation Measure 
10-05, a valid catch document for Dissostichus spp.; or
    (v) 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
    (vi) Engaged in fishing activities contrary to any other CCAMLR 
conservation measures in a manner that undermines the attainment of the

[[Page 4418]]

objectives of the Convention according to Article XXII of the 
Convention.
Draft NCP-IUU Vessel List
    10. The Executive Secretary shall, before 1 July of each year, draw 
up a draft list (``the Draft NCP-IUU Vessel List''), listing all non-
Contracting Party vessels that, on the basis of the information 
gathered in accordance with paragraphs 3 and 8 and any other 
information that the Executive Secretary might have obtained in 
relation thereto, might be presumed to have engaged in any of the 
activities referred to in paragraph 9 during the period beginning 30 
days before the start of the previous CCAMLR annual meeting. The Draft 
NCP-IUU Vessel List shall be distributed immediately to the non-
Contracting Parties concerned and to all Contracting Parties.
    11. The Executive Secretary shall invite non-Contracting Parties 
whose vessels are included in the Draft NCP-IUU Vessel List to transmit 
their comments to the Executive Secretary before 1 September, including 
verifiable VMS data and other supporting information showing that the 
vessels listed have not engaged in the activities which led to their 
inclusion in the Draft NCP-IUU Vessel List.

Provisional NCP-IUU Vessel List

    12. The Executive Secretary shall create a new list (`the 
Provisional NCP-IUU Vessel List') which shall comprise the Draft NCP-
IUU Vessel List and all information received pursuant to paragraph 11. 
Before 1 October, the Executive Secretary shall transmit the 
Provisional NCP-IUU Vessel List, the NCP-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 NCP-IUU Vessel List or the NCP-IUU Vessel List to all 
Contracting Parties and non-Contracting Parties cooperating with the 
Commission by participating in the CDS. The Executive Secretary shall 
at the same time:
    (i) Request non-Contracting Parties cooperating with the Commission 
by participating in the CDS 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 consider the List and has 
made its determination;
    (ii) 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 NCP-IUU Vessel List 
and NCP-IUU Vessel List, at the latest 30 days before the start of the 
next CCAMLR annual meeting. Where the incident occurs within the month 
preceding the next CCAMLR annual meeting, evidence or documented 
information should be provided as soon as possible.
    (iii) Transmit the Provisional NCP-IUU Vessel List and any evidence 
or documented information received regarding vessels on that List to 
all non-Contracting Parties whose vessels are included in the List and 
who are not non-Contracting Parties cooperating with the Commission by 
participating in the CDS.
    13. Contracting Parties shall take all necessary measures, to the 
extent possible in accordance with their applicable laws and 
regulations, in order that:
    (i) They do not register vessels that have been placed on the 
Provisional NCP-IUU Vessel List until such time as the Commission has 
had the opportunity to examine the List and has made its determination;
    (ii) If they do de-register a vessel on the Provisional NCP-IUU 
Vessel List they inform, where possible, the Executive Secretary of the 
proposed new Flag State of the vessel, whereupon the Executive 
Secretary shall inform that State that the vessel is on the Provisional 
NCP-IUU Vessel List and urge that State not to register the vessel.
Proposed and Final NCP-IUU Vessel List
    14. Contracting Parties shall submit to the Executive Secretary any 
additional information which might be relevant for the establishment of 
the NCP-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 
annual meeting. A report containing this information shall be submitted 
in the format set out in paragraph 20, and Contracting Parties shall 
indicate that the information is provided for the purposes of 
considering whether to include the vessel concerned in the NCP-IUU 
Vessel List under Conservation Measure 10-07. The Executive Secretary 
shall collate all information received and, where this has not been 
provided in relation to a vessel, attempt to obtain the information in 
paragraphs 20(i) to (vii).
    15. 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 12 and 
13, together with any other evidence or documented information received 
in terms of paragraphs 3 and 8.
    16. At each CCAMLR annual meeting, the Standing Committee on 
Implementation and Compliance (SCIC) shall, by consensus:
    (i) Adopt a Proposed NCP-IUU Vessel List, following consideration 
of The Provisional NCP-IUU Vessel List and information and evidence 
circulated under Paragraph14. The Proposed NCP-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 NCP-IUU Vessel List adopted at the previous CCAMLR 
annual meeting, following consideration of that List and information 
and evidence circulated under paragraph 14.
    17. SCIC shall include a vessel on the Proposed NCP-IUU Vessel List 
only if one or more of the criteria in paragraph 9 have been satisfied.
    18. SCIC shall recommend that the Commission should remove a vessel 
from the NCP-IUU Vessel List if the non-Contracting Party proves that:
    (i) The vessel did not take part in the activities described in 
paragraph 9 which led to the inclusion of the vessel in the NCP-IUU 
Vessel List; or
    (ii) It has taken effective action in response to the activities in 
question, including prosecution and imposition of sanctions of adequate 
severity; or
    (iii) The vessel has changed ownership including beneficial 
ownership if known to be distinct from the registered 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) It 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.
    19. In order to facilitate the work of SCIC and the Commission, the 
Executive Secretary 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.
    20. The Draft NCP-IUU Vessel List, Provisional NCP-IUU Vessel List, 
Proposed NCPIUU Vessel List and the NCP-IUU Vessel List shall contain 
the following details:
    (i) Name of vessel and previous names, if any;
    (ii) Flag of vessel and previous flags, if any;

[[Page 4419]]

    (iii) Owner of vessel and previous owners including beneficial 
owners, if any;
    (iv) Operator of vessel and previous operators, if any;
    (v) Call sign of vessel and previous call signs, if any;
    (vi) Lloyds/IMO number;
    (vii) Photographs of the vessel, where available;
    (viii) Date vessel was first included on the NCP-IUU Vessel List;
    (ix) Summary of activities which justify inclusion of the vessel in 
the List, together with references to all relevant documents informing 
of and evidencing those activities.
    21. On approval of the NCP-IUU Vessel List, the Commission shall 
request non-Contracting Parties whose vessels appear thereon to take 
all necessary measures to address these 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.
    22. 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 on the NCP-IUU Vessel List 
to fish in waters under their fisheries jurisdiction is prohibited;
    (ii) Fishing vessels, support vessels, mother-ships and cargo 
vessels flying their flag do not participate in any transhipment or 
joint fishing operations, support or resupply vessels on the NCP-IUU 
Vessel List;
    (iii) Vessels on the NCP-IUU Vessel List that enter ports 
voluntarily are not authorized to land or tranship therein and are 
inspected in accordance with Conservation Measure 10-03 on so entering;
    (iv) The chartering of vessels on the NCP-IUU Vessel List is 
prohibited;
    (v) Granting of their flag to vessels on the NCP-IUU Vessel List is 
refused;
    (vi) Imports, exports and re-exports of Dissostichus spp. from 
vessels on the NCP-IUU Vessel List are prohibited;
    (vii) `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 on the NCP-IUU Vessel List;
    (viii) Importers, transporters and other sectors concerned are 
encouraged to refrain from dealing with and from transhipping of fish 
caught by vessels on the NCP-IUU Vessel List;
    (ix) Any appropriate information which is suitably documented is 
collected and submitted to the Executive Secretary, to be forwarded to 
Contracting Parties and non-Contracting Parties, entities or fishing 
entities cooperating with the Commission by participating in the CDS, 
with the aim of detecting, controlling and preventing the importation 
or exportation of, and other trade-related activities relating to, 
catches from vessels on the NCP-IUU Vessel List intended to circumvent 
this conservation measure.
    23. The Executive Secretary shall place the NCP-IUU Vessel List 
approved by the Commission on the public section of the CCAMLR website. 
Furthermore, the Executive Secretary shall communicate the NCP-IUU 
Vessel List to the FAO and appropriate regional fisheries organisations 
to enhance cooperation between CCAMLR and these organisations for the 
purposes of preventing, deterring and eliminating IUU fishing.
    24. The Executive Secretary shall circulate to non-Contracting 
Parties cooperating with the Commission by participating in the CDS the 
NCP-IUU Vessel List, together with the request that, to the extent 
possible in accordance with their applicable laws and regulations, they 
do not register vessels that have been placed on the List unless they 
are removed from the List by the Commission.
    25. If Contracting Parties obtain new or changed information for 
vessels on the NCP-IUU Vessel List in relation to the details in 
paragraphs 20(i) to (vii), they shall notify the Executive Secretary 
who shall place a notification on the secure section of the CCAMLR 
website and advise all Contracting Parties and the non-Contracting 
Party concerned of the notification. If there are no comments on the 
information within seven (7) days, the Executive Secretary will revise 
the NCP-IUU Vessel List.
    26. Without prejudice to their rights 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 NCP-IUU Vessel List drawn up by the Executive Secretary, pursuant 
to paragraph 10.
    27. The Chair of the Commission shall request the non-Contracting 
Parties identified pursuant to paragraph 1 to take all necessary 
measures to avoid diminishing the effectiveness of CCAMLR conservation 
measures resulting from their vessels' activities, including if 
necessary withdrawal of a vessel's registration or fishing licence, 
nullification of the relevant CDS documents and denial of further 
access to the CDS, and to advise the Commission of actions taken in 
that regard.
    28. Contracting Parties shall jointly and/or individually request 
non-Contracting Parties identified pursuant to paragraph 2 to cooperate 
fully with the Commission in order to avoid diminishing the 
effectiveness of conservation measures adopted by the Commission.
    29. The Commission shall review, at subsequent CCAMLR annual 
meetings, as appropriate, action taken by those non-Contracting Parties 
to which requests have been made pursuant to paragraph 26, and identify 
those which have not rectified their activities.
    30. The Commission shall decide appropriate measures to be taken in 
respect to Dissostichus spp. so as to address these issues with those 
identified non-Contracting Parties. In this respect, Contracting 
Parties may cooperate to adopt appropriate multilaterally agreed trade-
related measures, consistent with their obligations as members of the 
World Trade Organization, that may be necessary to prevent, deter and 
eliminate the IUU 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 diminish the effectiveness of 
CCAMLR's conservation measures which are consistent with the United 
Nations Convention on the Law of the Sea 1982.

Conservation Measure 21-02 (2005) 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:

[[Page 4420]]

    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, 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 information 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 the Standing Committee on 
Implementation and Compliance (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

[[Page 4421]]

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 (2005)

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 of all species, 
including by-catch species, and total days and hours fished for that 
period and shall, by facsimile or email, 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. In the case of 
pot fisheries, the number of pots 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. Such reports shall specify the month and reporting period (A, B, 
C, D, E or F) to which each report refers.
    5. Immediately after the deadline has passed for receipt of the 
reports for each period, the Executive Secretary shall notify all 
Contracting Parties engaged in fishing activities in the area, of the 
total catch taken during the reporting period, the total aggregate 
catch for the season to date together with an estimate of the date upon 
which the total allowable catch is likely to be reached for that 
season. In the case of exploratory fisheries, the Executive Secretary 
shall also notify the 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.
    6. 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.
    7. 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, and their 
relevant fishing vessels if so authorised, 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.
    8. 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 (2005)

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 
according to the statistical areas, subareas, divisions or any other 
area or unit specified with catch limits in Conservation Measures 51-
01, 51-02 and 51-03.
    3. At the end of each fishing season each Contracting Party shall 
obtain from each of its vessels the haul-by-haul data required to 
complete the CCAMLR fine-scale catch and effort data form (trawl 
fisheries Form C1). It shall transmit those data in the specified 
format to the Executive Secretary not later than 1 April of the 
following year.

Conservation Measure 24-01 (2005) 1 2

The Application of Conservation Measures to Scientific Research
Species all
Area all
Season all
Gear all

    This conservation measure governs the application of conservation 
measures to scientific research and is adopted in accordance with 
Article IX of the Convention.
    1. General application:
    (a) Catches taken by any vessel for research purposes will be 
considered as part of any catch limits in force for each species taken 
unless the catch limit in an area \3\ is set at zero.
    (b) In the event of research being undertaken in an area \3\ with a 
zero catch limit, then the catches adopted under paragraphs 2 or 3 
below shall be considered to be the catch limit for the season in that 
area. When such an area sits within a group of areas to which an 
overall catch limit applies, that overall catch limit shall not be 
exceeded including any catch taken for research purposes.
    2. Application to Members taking less than 50 tonnes of finfish in 
a season including no more than the amounts specified for finfish taxa 
in Annex 24-01/B and less than 0.1% of a given catch limit for non-
finfish taxa indicated in Annex 24-01/B:
    (a) Any Member planning to use a vessel or vessels for research 
purposes

[[Page 4422]]

when the estimated seasonal catch is as above shall notify the 
Secretariat of the Commission which in turn will notify all Members 
immediately, according to the format provided in Annex 24-01/A.
    (b) Vessels to which the provisions of paragraph 2(a) above apply, 
shall be exempt from conservation measures relating to mesh size 
regulations, prohibition of types of gear, closed areas, fishing 
seasons and size limits, and reporting system requirements other than 
those specified in paragraph 4 below.
    3. Application to Members taking more than 50 tonnes of finfish or 
more than the amounts specified for finfish taxa in Annex 24-01/B or 
more than 0.1% of a given catch limit for non-finfish taxa indicated in 
Annex 24-01/B:
    (a) Any Member planning to use any type of vessel or vessels to 
conduct fishing for research purposes when the estimated seasonal catch 
is as above, shall notify the Commission and provide the opportunity 
for other Members to review and comment on its research plan. The plan 
shall be provided to the Secretariat for distribution to Members at 
least six months in advance of the planned starting date for the 
research. In the event of any request for a review of such plan being 
lodged within two months of its circulation, the Executive Secretary 
shall notify all Members and submit the plan to the Scientific 
Committee for review. Based on the submitted research plan and any 
advice provided by the appropriate working group, the Scientific 
Committee will provide advice to the Commission where the review 
process will be concluded. Until the review process is complete the 
planned fishing for research purposes shall not proceed.
    (b) Research plans shall be reported in accordance with the 
standardised guidelines and formats adopted by the Scientific 
Committee, given in Annex 24-01/A.
    4. Reporting requirements for these research activities are:
    (a) The CCAMLR within-season five-day reporting system shall apply.
    (b) All research catches shall be reported to CCAMLR as part of the 
annual STATLANT returns.
    (c) A summary of the results of any research subject to the above 
provisions shall be provided to the Secretariat within 180 days of the 
completion of the research fishing. A full report shall be provided 
within 12 months.
    (d) Catch, effort and biological data resulting from research 
fishing should be reported to the Secretariat according to the haul-by-
haul reporting format for research vessels (C4).

    \1\ Except for waters adjacent to the Kerguelen and Crozet 
Islands
    \2\ Except for waters adjacent to the Prince Edward Islands
    \3\ Any management area including subarea, division, management 
area or SSRU, whichever is designated as a zero catch limit.

Conservation Measure 24-02 (2005)

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 with a minimum of four TDRs on 
the middle one-third of each longline, where:
    (a) For vessels using the auto longline system, each longline shall 
be at least 6 000 m in length;
    (b) For vessels using the Spanish longline system, each longline 
shall be at least 16 000 m in length;
    (c) For vessels using the Spanish longline system, with longlines 
less than 16 000 m in length, each longline shall be of the maximum 
length to be used by the vessel in the Convention Area;
    (d) For vessels using a longline system other than an autoline or 
Spanish longline system, each longline shall be of the maximum length 
to be used by the vessel in the Convention Area.
    (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 fishing season prior to entering the Convention Area, the 
vessel shall, under observation by a scientific observer:
    (i) Set a minimum of two longlines with a minimum of four bottle 
tests (see paragraphs B5 to B9) on the middle one-third of each 
longline, where:
    (a) For vessels using the auto longline system, each longline shall 
be at least 6 000 m in length;

[[Page 4423]]

    (b) For vessels using the Spanish longline system, each longline 
shall be at least 16 000 m in length;
    (c) For vessels using the Spanish longline system, with longlines 
less than 16 000 m in length, each longline shall be of the maximum 
length to be used by the vessel in the Convention Area;
    (d) For vessels using a longline system other than an autoline or 
Spanish longline system, each longline shall be of the maximum length 
to be used by the vessel in the Convention Area.
    (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 500-1 000 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 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, where:
    (a) For vessels using the auto longline system, each longline shall 
be at least 6 000 m in length;
    (b) For vessels using the Spanish longline system, each longline 
shall be at least 16 000 m in length;
    (c) For vessels using the Spanish longline system, with longlines 
less than 16 000 m in length, each longline shall be of the maximum 
length to be used by the vessel in the Convention Area;
    (d) For vessels using a longline system other than an autoline or 
Spanish longline system, each longline shall be of the maximum length 
to be used by the vessel in the Convention Area.
    (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

[[Page 4424]]

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.
    \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 25-02 (2005) 1 2

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

Species seabirds
Area all
Season all
Gear longline

    The Commission,
    Noting the need to reduce the incidental mortality of seabirds 
during longline fishing by minimising their attraction to fishing 
vessels and by preventing them from attempting to seize baited hooks, 
particularly during the period when the lines are set, Recognising that 
in certain subareas and divisions of the Convention Area there is also 
a high risk that seabirds will be caught during line hauling, Adopts 
the following measures to reduce the possibility of incidental 
mortality of seabirds during longline fishing.
    1. Fishing operations shall be conducted in such a way that 
hooklines \3\ sink beyond the reach of seabirds as soon as possible 
after they are put in the water.
    2. Vessels using autoline systems should add weights to the 
hookline or use integrated weight hooklines while deploying longlines. 
Integrated weight (IW) longlines of a minimum of 50 g/m or attachment 
to non-IW longlines of 5 kg weights at 50 to 60 m intervals are 
recommended.
    3. Vessels using the Spanish method of longline fishing should 
release weights before line tension occurs; weights of at least 8.5 kg 
mass shall be used, spaced at intervals of no more than 40 m, or 
weights of at least 6 kg mass shall be used, spaced at intervals of no 
more than 20 m.
    4. Longlines shall be set at night only (i.e. during the hours of 
darkness between the times of nautical twilight).\4 5\ During longline 
fishing at night, only the minimum ship's lights necessary for safety 
shall be used.
    5. The dumping of offal is prohibited while longlines are being 
set. The dumping of offal during the haul shall be avoided. Any such 
discharge shall take place only on the opposite side of the vessel to 
that where longlines are hauled. For vessels or fisheries where there 
is not a requirement to retain offal on board the vessel, a system 
shall be implemented to remove fish hooks from offal and fish heads 
prior to discharge.
    6. Vessels which are so configured that they lack on-board 
processing facilities or adequate capacity to retain offal on board, or 
the ability to discharge offal on the opposite side of the vessel to 
that where longlines are hauled, shall not be authorised to fish in the 
Convention Area.
    7. A streamer line shall be deployed during longline setting to 
deter birds from approaching the hookline. Specifications of the 
streamer line and its method of deployment are given in the appendix to 
this measure.
    8. A device designed to discourage birds from accessing baits 
during the haul of longlines shall be employed in those areas defined 
by CCAMLR as average-to-high or high (Level of Risk 4 or 5) in terms of 
risk of seabird by-catch. These areas are currently Statistical 
Subareas 48.3, 58.6 and 58.7 and Statistical Divisions 58.5.1 and 
58.5.2.
    9. Every effort should be made to ensure that birds captured alive 
during longlining are released alive and that wherever possible hooks 
are removed without jeopardising the life of the bird concerned.
    10. Other variations in the design of mitigation measures may be 
tested on vessels carrying two observers, at least one appointed in 
accordance with the CCAMLR Scheme of International Scientific 
Observation, providing that all other elements of this conservation 
measure are complied with \6\. Full proposals for any such testing must 
be notified to the Working Group on Fish Stock Assessment (WG-FSA) in 
advance of the fishing season in which the trials are proposed to be 
conducted.

    \1\ Except for waters adjacent to the Kerguelen and Crozet 
Islands
    \2\ Except for waters adjacent to the Prince Edward Islands
    \3\ Hookline is defined as the groundline or mainline to which 
the baited hooks are attached by snoods.
    \4\ The exact times of nautical twilight are set forth in the 
Nautical Almanac tables for the relevant latitude, local time and 
date. A copy of the algorithm for calculating these times is 
available from the CCAMLR Secretariat. All times, whether for ship 
operations or observer reporting, shall be referenced to GMT.
    \5\ Wherever possible, setting of lines should be completed at 
least three hours before sunrise (to reduce loss of bait to/catches 
of white-chinned petrels).
    \6\ The mitigation measures under test should be constructed and 
operated taking full account of the principles set out in WG-FSA-03/
22 (the published version of which is available from the ccamlr 
Secretariat and website); testing should be carried out 
independently of actual commercial fishing and in a manner 
consistent with the spirit of Conservation Measure 21-02.

Appendix to Conservation Measure 25-02

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

[[Page 4425]]

attachment point to the streamer line to prevent fouling of individual 
streamers.
    5. Vessels are encouraged to deploy a second streamer line such 
that streamer lines are towed from the point of attachment each side of 
the hookline. The leeward streamer line should be of similar 
specifications (in order to avoid entanglement the leeward streamer 
line may need to be shorter) and deployed from the leeward side of the 
hookline.

    \7\ Plastic tubing should be of a type that is manufactured to 
be protected from ultraviolet radiation.
Streamer Line
Aerial extent
Towing point
Streamers
Hookline
Towed object creating tension 5 m
5 m
5 m
7 m

Conservation Measure 32-09 (2005)

Prohibition of Directed Fishing for Dissostichus spp. Except in 
Accordance With Specific Conservation Measures in the 2005/06 Season
Species toothfish
Area 48.5
Season 2005/06
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 2005 to 30 November 2006.

Conservation Measure 33-02 (2005)

Limitation of By-Catch in Statistical Division 58.5.2 in the 2005/06 
Season
Species by-catch
Area 58.5.2
Season 2005/06
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 2005/06 fishing season.
    2. In directed fisheries in Statistical Division 58.5.2 in the 
2005/06 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., Somniosus 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 equalto, 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 or a pot, 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 (2005) 1 2

Limitation of By-Catch in New and Exploratory Fisheries in the 2005/06 
Season
Species by-catch
Area various
Season 2005/06
Gear all

    1. This conservation measure applies to new and exploratory 
fisheries in all areas containing small-scale research units (SSRUs) in 
the 2005/06 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 or combination of SSRUs as defined in relevant conservation 
measures 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.
    5. If the catch of Macrourus spp. taken by a single vessel in any 
two 10-day periods \6\ in a single SSRU exceeds 16% of the catch of 
Dissostichus spp. by that vessel in that SSRU in those periods, the 
vessel shall cease fishing in that SSRU for the remainder of the 
season.

    \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.
    \6\ A 10-day period is defined as day 1 to day 10, day 11 to day 
20, or day 21 to the last day of the month.

Annex 33-03/A

    Table 1: By-catch catch limits for new and exploratory fisheries 
in 2005/06.

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)

[[Page 4426]]

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 2964 148 474 20,
88.2 south of 65[deg]S 487 50 78 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 (2005) 1 2

General Measures for Exploratory Fisheries for Dissostichus spp. in the 
Convention Area in the 2005/06 Season
Species toothfish
Area various
Season 2005/06
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 2005/06 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 2006 shall be reported to CCAMLR by 30 September 
2006 so that the data will be available to the meeting of the Working 
Group on Fish Stock Assessment (WG-FSA) in 2006. Such data taken after 
31 August 2006 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. Except when fishing in Statistical Subareas 88.1 and 88.2 (see 
paragraph 5), any vessel undertaking prospecting or commercial fishing 
in any SSRU must undertake the following research activities:

[[Page 4427]]

    (i) On first entry into an 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 an 
SSRU.
    (iv) On completion of 20 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. In the exploratory fisheries in Subareas 88.1 and 88.2, all data 
specified in the Data Collection Plan (Annex 41-01/A) of this 
conservation measure shall be collected for every haul; all fish of 
each Dissostichus species in a haul (up to a maximum of 35 fish) are to 
be measured and randomly sampled for biological studies (paragraphs 
2(iv) to (vi) of Annex 41-01/A).
    6. In all other exploratory fisheries, all data specified in the 
Data Collection Plan (Annex 41-01/A) of this conservation measure shall 
be collected for every research haul; inparticular, 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 (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 Lonag 
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]E, 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. continued Table 1 
(continued) Region SSRU Boundary Line
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[min]S, due west to 160[deg]E, due north to 65[deg]S.
F From 68[deg]30[min]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[min]S.
G From 66[deg]40[min]S 170[deg]E, due east to 178[deg]W, due south 
to 70[deg]S, due west to 178[deg]50[min]E, due south to 
70[deg]50[min]S, due west to 170[deg]E, due north to 
66[deg]40[min]S.
H From 70[deg]50[min]S 170[deg]E, due east to 178[deg]50[min]E, due 
south to 73[deg]S, due west to coast, northward along coast to 
170[deg]E, due north to 70[deg]50[min]S.
I From 70[deg]S 178[deg]50[min]E, due east to 170[deg]W, due south 
to 73[deg]S, due west to 178[deg]50[min]E, due north to 70[deg]S.
J From 73[deg]S at coast near 169[deg]30[min]E, due east to 
178[deg]50[min]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[min]E, due east to 170[deg]W, due south 
to 76[deg]S, due west to 178[deg]50[min]E, due north to 73[deg]S.
L From 76[deg]S 178[deg]50[min]E, due east to 170[deg]W,

[[Page 4428]]

due south to 80[deg]S, due west to 178[deg]50[min]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 t 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 0[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
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 60 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.

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.\2\ 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\
    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 www.ccamlr.org).

    \1\ In accordance with the CCAMLR Tagging Protocol for 
exploratory fisheries which is available from the Secretariat and at 
www.ccamlr.org.
    \2\ In meeting this requirement, fish to be tagged should be in 
good condition.

Conservation Measure 41-02 (2005)

Limits on the Fishery for Dissostichus Eleginoides in Statistical 
Subarea 48.3 in the 2005/06 Season
Species toothfish
Area 48.3
Season 2005/06
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 Statistical Subarea 48.3 that lies within 
the area bounded by latitudes 52[deg]30[min]S and 56[deg]0[min]S and by 
longitudes 33[deg]30[min]W and 48[deg]0[min]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 2005/06 season.
Catch Limit
    4. The total catch of Dissostichus eleginoides in Statistical 
Subarea 48.3 in the 2005/06 season shall be limited to 3 556 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: 1 067 tonnes
Management Area C: 2 489 tonnes
Season
    5. For the purpose of the longline fishery for Dissostichus 
eleginoides in Statistical Subarea 48.3, the 2005/06 season is defined 
as the period from 1 May to 31 August 2006, 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 2005/06 
season is defined as the period from 1 December 2005 to 30 November 
2006, or until the catch limit is reached, whichever is sooner. The 
season for longline fishing operations may be extended to 14 September 
2006 for any vessel which has demonstrated full compliance with 
Conservation Measure 25-02 in the 2004/05 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 2005/06 season shall not 
exceed 177 tonnes for skates and rays and 177 tonnes for Macrourus spp. 
For the purpose of these by-catch limits, `Macrourus spp.' and `skates 
and rays' shall each 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

[[Page 4429]]

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 2005/06 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 and to one vessel in 
Management Area A shown in the map in Annex 41-02/A during the 2005/06 
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 or a pot, 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 2005/06 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 41-03 (2005)

Limits on the Fishery for Dissostichus Eleginoides in Statistical 
Subarea 48.4 in the 2005/06, 2006/07 and 2007/08 Fishing Seasons
Species toothfish
Area 48.4
Season 2005/06-2007/08
Gear Longline
Access
    1. Directed fishing shall be by longlines only. The use of all 
other methods of directed fishing for Dissostichus eleginoides in 
Statistical Subarea 48.4 shall be prohibited.
    2. For the purpose of this fishery, the area open to fishing is 
defined as that portion of Statistical Subarea 48.4 that lies within 
the area bounded by latitudes 55[deg]30'S and 57[deg]20'S and by 
longitudes 25[deg]30'W and 29[deg]30'W.
    3. A map illustrating the area defined by paragraph 2 is appended 
to this conservation measure (Annex 41-03/A). The portion of 
Statistical Subarea 48.4 outside that defined above shall be closed to 
directed fishing for Dissostichus eleginoides in the 2005/06, 2006/07 
and 2007/08 seasons.
    4. The total catch of Dissostichus eleginoides in Statistical 
Subarea 48.4 shall be limited to 100 tonnes per season.
Catch Limit
    5. Taking of Dissostichus mawsoni, other than for scientific 
research purposes, is prohibited.
    6. For the purposes of the fishery for Dissostichus eleginoides in 
Statistical Subarea 48.4, the fishing season shall be 1 April to 30 
September, or until the catch limit for Dissostichus eleginoides in 
Statistical Subarea 48.4 is reached, whichever is sooner.
Season
Mitigation
    7. 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
    8. Each vessel participating in the fishery for Dissostichus 
eleginoides in Statistical Subarea 48.4 shall have at least one 
scientific observer appointed in accordance with the CCAMLR Scheme of 
International Scientific Observation, on board throughout all fishing 
activities within the fishing period.
Data: Catch/Effort
    9. For the purpose of implementing this conservation measure, 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 Data Reporting System 
set out in Conservation Measure 23-04. Data shall be reported on a 
haul-by-haul basis. For the purposes of Conservation Measure 23-04, the 
target species is Dissostichus eleginoides, and by-catch species' are 
defined as any species other than Dissostichus eleginoides.
Data: Biological
    10. Fine-scale biological data, as required under Conservation 
Measure 23-05 shall be collected and recorded. Such data shall be 
reported in accordance with the Scheme of International Scientific 
Observation.
Tagging Program
    11. Each vessel taking part in the fishery for Dissostichus 
eleginoides in Statistical Subarea 48.4 shall undertake a tagging 
program in accordance with the CCAMLR Tagging Protocol. The following 
additional provisions shall apply:
    (i) Fish should be tagged at an average rate of five fish per tonne 
of green weight catch throughout the season;
    (ii) Fish should be tagged that have been caught across as broad a 
range of depths within the designated area as practicable;
    (iii) Fish of a range of total lengths should be tagged, 
concentrating in particular on animals in the vulnerable size range 
(650-1 000 mm).

Annex 41-03/A

    Subarea 48.4--the area of the fishery in the 2005/06, 2006/07 and 
2007/08 seasons according to paragraph 2. Latitudes and longitudes are 
given in degrees. 1 000 and 2 000 m contours are shown.

59
56

[[Page 4430]]

55
S
57
58
30 29 28 27 W
Subarea 48.4
25 26

Conservation Measure 41-04 (2005)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Subarea 48.6 in the 2005/06 Season
Species toothfish
Area 48.6
Season 2005/06
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 and New 
Zealand. The fishery shall be conducted by Japanese and New Zealand 
flagged vessels using longlines only. No more than one vessel per 
country shall fish at any one time.
    2. The total catch of Dissostichus spp. in Statistical Subarea 48.6 
in the 2005/06 season shall not exceed a precautionary catch limit of 
455 tonnes north of 60[deg]S and 455 tonnes south of 60[deg]S.
Catch Limit
    3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Subarea 48.6, the 2005/06 season is 
defined as the period from 1 December 2005 to 30 November 2006.
Season
By-Catch
    4. The by-catch in this fishery shall be regulated as set out in 
Conservation Measure 33-03.
    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.
Mitigation
    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 
2005/06 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.
Discharge
    13. All vessels participating in this exploratory fishery shall, 
south of 60[deg]S, 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
    14. No live poultry or other living birds shall be brought into 
Statistical Subarea 48.6 south of 60[deg]S and any dressed poultry not 
consumed shall be removed from Statistical Subarea 48.6 south of 
60[deg]S.

Conservation Measure 41-05 (2005)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Division 58.4.2 in the 2005/06 Season

Species toothfish
Area 58.4.2
Season 2005/06
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:
Access
    1. Fishing for Dissostichus spp. in Statistical Division 58.4.2 
shall be limited to the exploratory longline fishery by Australia, 
Chile, Republic of Korea, New Zealand and Spain. The fishery shall be 
conducted by one (1) Australian, two (2) Chilean, one (1) Korean, two 
(2) New Zealand and two (2) Spanish flagged vessels using longlines 
only.
    2. The total catch of Dissostichus spp. in Statistical Division 
58.4.2 in the 2005/06 season shall not exceed a precautionary catch 
limit of 780 tonnes, of which no more than 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.
Catch Limit
    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.
    4. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Division 58.4.2, the 2005/06 season is 
defined as the period from 1 December 2005 to 30 November 2006.
Season
    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.
Fishing Operations
    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.
    8. The exploratory longline fishery for Dissostichus spp. in 
Statistical Division 58.4.2 shall be carried out in accordance

[[Page 4431]]

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.
Mitigation
    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 2005/06 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 Division 58.4.2 and any dressed poultry not consumed shall 
be removed from Statistical Division 58.4.2.

Conservation Measure 41-06 (2005)

Limits on the Exploratory Fishery for Dissostichus spp. on Elan Bank 
(Statistical Division 58.4.3a) Outside Areas of National Jurisdiction 
in the 2005/06 Season

Species toothfish
Area 58.4.3a
Season 2005/06
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, Chile, Republic of Korea and Spain. 
The fishery shall be conducted by Australian, Korean, Chilean and 
Spanish flagged vessels using longlines only. No more than one vessel 
per country shall fish at any one time.
    2. The total catch of Dissostichus spp. on Elan Bank (Statistical 
Division 58.4.3a) outside areas of national jurisdiction in the 2005/06 
season shall not exceed a precautionary catch limit of 250 tonnes.
Catch Limit
    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 2005/06 season is defined as the 
period from 1 May to 31 August 2006, or until the catch limit is 
reached, whichever is sooner.
Season
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 minimize 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 2005/06 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 
2005/06 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

[[Page 4432]]

Measure 41-01, Annex B and Annex C respectively.

Conservation Measure 41-07 (2005)

Limits on the Exploratory Fishery for Dissostichus spp. on BANZARE Bank 
(Statistical Division 58.4.3b) Outside Areas of National Jurisdiction 
in the 2005/06 Season
Species toothfish
Area 58.4.3b
Season 2005/06
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, Republic of 
Korea, Spain and Uruguay. The fishery shall be conducted by Australian, 
Chilean, Korean, Spanish and Uruguayan 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 2005/06 season shall not exceed a precautionary catch limit of 
300 tonnes.
    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 2005/06 season is defined 
as the period from 1 May to 31 August 2006, or until the catch limit is 
reached, whichever is sooner.
Season
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 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 2005/06 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 
2005/06 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 (2005)

Limits on the Fishery for Dissostichus eleginoides in Statistical 
Division 58.5.2 in the 2005/06 Season

Species toothfish
Area 58.5.2
Season 2005/06
Gear various

    1. The fishery for Dissostichus eleginoides in Statistical Division 
58.5.2 shall be conducted by vessels using trawls, pots or longlines 
only.
Access
    2. The total catch of Dissostichus eleginoides in Statistical 
Division 58.5.2 in the 2005/06 season shall be limited to 2 584 tonnes 
west of 79[deg]20'E.
Catch Limit
    3. For the purpose of the trawl and pot fisheries for Dissostichus 
eleginoides in Statistical Division 58.5.2, the 2005/06 season is 
defined as the period from 1 December 2005 to 30 November 2006, 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 2005/06 season is defined as the period from 1 May 
to 31 August 2006, or until the catch limit is reached, whichever is 
sooner. The season for longline fishing operations may be extended to 
30 September 2006 for any vessel which has demonstrated full compliance 
with Conservation Measure 25-02 in the 2004/05 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.
Season
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

[[Page 4433]]

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, 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;
    (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 for trawl fishing, form C2 for longline fishing, or form C5 for 
pot fishing, latest versions. 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 (2005)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Subarea 88.1 in the 2005/06 Season
Species toothfish
Area 88.1
Season 2005/06
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, Republic 
of Korea, New Zealand, Norway, Russia, South Africa, Spain, UK and 
Uruguay. The fishery shall be conducted by a maximum in the season of 
two (2) Argentine, two (2) Korean, five (5) New Zealand, one (1) 
Norwegian, two
    (2) Russian, one (1) South African, three (3) Spanish, two (2) UK 
and three (3) Uruguayan flagged vessels using longlines only.
Catch Limit
    2. The total catch of Dissostichus spp. in Statistical Subarea 88.1 
in the 2005/06 season shall not exceed a precautionary catch limit of 2 
964 tonnes applied as follows:

SSRU A--0 tonnes
SSRUs B, C and G--348 tonnes total; SSRU D--0 tonnes
SSRU E--0 tonnes
SSRU F--0 tonnes
SSRUs H, I and K--1 893 tonnes total
SSRU J--551 tonnes
SSRU L--172 tonnes.

    3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Subarea 88.1, the 2005/06 season is 
defined as the period from 1 December 2005 to 31 August 2006.
Season
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 total by-catch in Statistical Subarea 88.1 in the 2005/06 
season shall not exceed a precautionary catch limit of 148 tonnes of 
skates and rays, and 474 tonnes of Macrourus spp. Within these total 
by-catch limits, individual limits will apply as follows:

SSRU A--0 tonnes of any species
SSRUs B, C and G total--50 tonnes of skates and rays, 56 tonnes of 
Macrourus spp., 60 tonnes of other species
SSRU D--0 tonnes of any species
SSRU E--0 tonnes of any species
SSRU F--0 tonnes of any species
SSRUs H, I and K total--95 tonnes of skates and rays, 303 tonnes of 
Macrourus spp., 60 tonnes of other species
SSRU J--50 tonnes of skates and rays, 88 tonnes of Macrourus spp., 20 
tonnes of other species
SSRU L--50 tonnes of skates and rays, 28 tonnes of Macrourus spp., 20 
tonnes of other species.


[[Page 4434]]


    The by-catch in this fishery shall be regulated as set out in 
Conservation Measure 33-03.
    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.
Mitigation
    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. The setting of research hauls (Conservation 
Measure 41-01, Annex B, paragraphs 3 and 4) is not required.
    13. Research fishing under Conservation Measure 24-01 shall be 
limited to 10 tonnes of catch and one vessel in each of SSRUs A, D, E 
and F during the 2005/06 season. Catches of Dissostichus spp. taken in 
SSRUs E and F under the provisions of Conservation Measure 24-01 shall 
be considered as part of the catch limit for Statistical Subarea 88.1. 
Catches of Dissostichus spp. taken in SSRUs A and D under the 
provisions of Conservation Measure 24-01 shall not be considered as 
part of the catch limit for Statistical Subarea 88.1.
Data: Catch/Effort
    14. For the purpose of implementing this conservation measure in 
the 2005/06 season, the following shall apply:
    (i) The Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) The Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    15. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissostichus spp. and by-catch species are defined as 
any species other than Dissostichus spp.
Data: Biological
    16. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the CCAMLR Scheme of International 
Scientific Observation.
Discharge
    17. 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
    18. 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.
    19. Fishing for Dissostichus spp. in Statistical Subarea 88.1 shall 
be prohibited within 10 n miles of the coast of the Balleny Islands.

Conservation Measure 41-10 (2005)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Subarea 88.2 in the 2005/06 Season
Species toothfish
Area 88.2
Season 2005/06
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, Republic 
of Korea, New Zealand, Norway, Russia, Spain, UK and Uruguay. The 
fishery shall be conducted by a maximum in the season of two (2) 
Argentine, one (1) Korean, five (5) New Zealand, one (1) Norwegian, two 
(2) Russian, three (3) Spanish, two (2) UK and one (1) Uruguayan 
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 2005/06 season shall not exceed a 
precautionary catch limit of 487 tonnes applied as follows:

SSRU A--0 tonnes
SSRU B--0 tonnes
SSRUs C, D, F and G--214 tonnes total
SSRU E--273 tonnes.

    3. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Subarea 88.2, the 2005/06 season is 
defined as the period from 1 December 2005 to 31 August 2006.
Season
    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 total by-catch in Statistical Subarea 88.2 in the 2005/06 
season shall not exceed a precautionary catch limit of 50 tonnes of 
skates and rays, and 78 tonnes of Macrourus spp. Within these total by-
catch limits, individual limits will apply as follows:

SSRU A--0 tonnes of any species
SSRU B--0 tonnes of any species
SSRUs C, D, F, G--50 tonnes of skates and rays, 34 tonnes of Macrourus 
spp., 20 tonnes of other species in any SSRU;
SSRU E--50 tonnes of skates and rays, 44 tonnes of Macrourus spp., 20 
tonnes of other species.

    The by-catch in this fishery shall be regulated as set out in 
Conservation Measure 33-03.
    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.

[[Page 4435]]

Mitigation
    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. The setting of research hauls (Conservation 
Measure 41-01, Annex B, paragraphs 3 and 4) is not required.
    13. Research fishing under Conservation Measure 24-01 shall be 
limited to 0 tonnes of catch and one vessel in each of SSRUs A and B 
during the 2005/06 season. Catches of Dissostichus spp. taken under the 
provisions of Conservation Measure 24-01 shall be considered as part of 
the catch limit for Subarea 88.2.
Data: Catch/Effort
    14. For the purpose of implementing this conservation measure in 
the 2005/06 season, the following shall apply:
    (i) The Five-day Catch and Effort Reporting System set out in 
Conservation Measure 23-01;
    (ii) The Monthly Fine-scale Catch and Effort Reporting System set 
out in Conservation Measure 23-04. Fine-scale data shall be submitted 
on a haul-by-haul basis.
    15. For the purpose of Conservation Measures 23-01 and 23-04, the 
target species is Dissostichus spp. and by-catch species are defined as 
any species other than Dissostichus spp.
Data: Biological
    16. Fine-scale biological data, as required under Conservation 
Measure 23-05, shall be collected and recorded. Such data shall be 
reported in accordance with the CCAMLR Scheme of International 
Scientific Observation.
Discharge
    17. 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
    18. 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 (2005)

Limits on the Exploratory Fishery for Dissostichus spp. in Statistical 
Division 58.4.1 in the 2005/06 Season
Species toothfish
Area 58.4.1
Season 2005/06
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:
Access
    1. Fishing for Dissostichus spp. in Statistical Division 58.4.1 
shall be limited to the exploratory longline fishery by Australia, 
Chile, Republic of Korea, New Zealand, Spain and Uruguay. The fishery 
shall be conducted by one (1) Australian, two (2) Chilean, two (2) 
Korean, three (3) New Zealand, two (2) Spanish and one (1) Uruguayan 
flagged vessels using longlines only.
    2. The total catch of Dissostichus spp. in Statistical Division 
58.4.1 in the 2005/06 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.
Catch Limit
    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.
    4. For the purpose of the exploratory longline fishery for 
Dissostichus spp. in Statistical Division 58.4.1, the 2005/06 season is 
defined as the period from 1 December 2005 to 30 November 2006.
Season
    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.
Fishing Operations
    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.
    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 comply with 
Conservation Measure 24-02.
Mitigation
    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.

[[Page 4436]]

Data: catch/effort
    13. For the purpose of implementing this conservation measure in 
the 2005/06 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, 
south of 60[deg] S, 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 Division 58.4.1 south of 60[deg] S and any dressed poultry 
not consumed shall be removed from Statistical Division 58.4.1 south of 
60[deg]S.

Conservation Measure 42-01 (2005)

Limits on the Fishery for Champsocephalus gunnari in Statistical 
Subarea 48.3 in the 2005/06 Season
Species icefish
Area 48.3
Season 2005/06
Gear trawl

    The Commission hereby adopts the following conservation measure in 
accordance with Conservation Measure 31-01:
    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.
Access
    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).
    3. The total catch of Champsocephalus gunnari in Statistical 
Subarea 48.3 in the 2005/06 season shall be limited to 2,244 tonnes. 
Any catch taken between 1 October and 14 November 2005 shall be counted 
against the catch limit for the 2005/06 fishing season. The total catch 
of Champsocephalus gunnari taken in the period 1 March to 31 May shall 
be limited to 561 tonnes.
Catch Limit
    4. Where any haul contains more than 100 kg of Champsocephalus 
gunnari, and more than 10% of the Champsocephalus gunnari by number are 
smaller than 240 mm total length, the fishing vessel shall move to 
another fishing location at least 5 n miles distant \1\. The fishing 
vessel shall not return to any point within 5 n miles of the location 
where the catch of small Champsocephalus gunnari exceeded 10%, for a 
period of at least five days \2\. The location where the catch of small 
Champsocephalus gunnari exceeded 10% is defined as the path followed by 
the fishing vessel from the point at which the fishing gear was first 
deployed from the fishing vessel to the point at which the fishing gear 
was retrieved by the fishing vessel.
    5. For the purpose of the trawl fishery for Champsocephalus gunnari 
in Statistical Subarea 48.3, the 2005/06 season is defined as the 
period from 15 November 2005 to 14 November 2006, or until the catch 
limit is reached, whichever is sooner.
Season
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 minimize the incidental 
mortality of seabirds in the course of the fishery.
    8. Should any vessel catch a total of 20 seabirds, it shall cease 
fishing and shall be excluded from further participation in the fishery 
in the 2005/06 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 2005/06 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 2006 shall conduct twenty (20) research trawls in the manner 
described in Annex 42-01/A.


[[Page 4437]]


    \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 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 (2005)

Limits on the Fishery for Champsocephalus gunnari in Statistical 
Division 58.5.2 in the 2005/06 Season
Species icefish
Area 58.5.2
Season 2005/06
Gear trawl
Access
    1. The fishery for Champsocephalus gunnari in Statistical Division 
58.5.2 shall be conducted by vessels using trawls only.
    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; 2.
    (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 2005/06 season shall be limited to 1 210 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. 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 2005/06 season is defined as the 
period from 1 December 2005 to 30 November 2006, 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 2005/06 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

[[Page 4438]]

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 
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 (2005)

Limits on the Fishery for Crab in Statistical Subarea 48.3 in the 2005/
06 Season

Species crab
Area 48.3
Season 2005/06
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 2005/
06 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 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 2005/06 season is defined as the period from 1 
December 2005 to 30 November 2006, or until the catch limit is reached, 
whichever is sooner.
    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.
By-Catch
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 
2005/06 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 2006 shall be reported to CCAMLR by 30 September 2006 
so that the data will be available to the meeting of the Working Group 
on Fish Stock Assessment (WG-FSA) in 2006. Such data collected after 31 
August 2006 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.

[[Page 4439]]

Pot Descriptions
    Diagrams and other information, including pot shape, dimensions, 
mesh size, funnel position, aperture and orientation, number of 
chambers, presence of an escape port.
Effort Descriptions
    Date, time, latitude and longitude of the start of the set, compass 
bearing of the set, total number of pots set, spacing of pots on the 
line, number of pots lost, depth, soak time, bait type.
Catch Descriptions
    Retained catch in numbers and weight, by-catch of all species (see 
Table 1), incremental record number for linking with sample 
information.

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

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

Conservation Measure 52-02 (2005)

Experimental Harvest Regime for the Crab Fishery in Statistical Subarea 
48.3 in the 2005/06 Season

Species crab
Area 48.3
Se 20 ason 05/06
Gear pot

    The following measures apply to all crab fishing within Statistical 
Subarea 48.3 in the 2005/06 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 
2005/06 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 2006 shall be submitted to CCAMLR by 31 August 2006.
    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 (2005)

Limits on the Exploratory Fishery for Martialia hyadesi in Statistical 
Subarea 48.3 in the 2005/06 Season
Species squid
Area 48.3
Season 2005/06
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.
    2. The total catch of Martialia hyadesi in Statistical Subarea 48.3 
in the 2005/06 season shall not exceed a precautionary catch limit of 2 
500 tonnes.
Catch Limit
    3. For the purpose of the exploratory jig fishery for Martialia 
hyadesi in Statistical Subarea 48.3, the 2005/06 season is defined as 
the period from 1 December 2005 to 30 November 2006, or until the catch 
limit is reached, whichever is sooner.

[[Page 4440]]

Season
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 
2005/06 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: 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 2006 shall be reported to CCAMLR by 30 September 2006 so that 
the data will be available to the meeting of the Working Group on Fish 
Stock Assessment (WG-FSA) in 2006.

Annex 61-01/A

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

    1. All vessels will comply with conditions set by CCAMLR. These 
include data required to complete the data form (Form TAC) for the Ten-
day Catch and Effort Reporting System, as specified by Conservation 
Measure 23-02; and data required to complete the CCAMLR standard fine-
scale catch and effort data form for a squid jig fishery (Form C3). 
This includes numbers of seabirds and marine mammals of each species 
caught and released or killed.
    2. All data required by the CCAMLR Scientific Observers Manual for 
squid fisheries will be collected. These include:
    (i) Vessel and observer program details (Form S1);
    (ii) Catch information (Form S2);
    (iii) Biological data (Form S3).

Resolution 24/XXIV

Non-Contracting Party Cooperation Enhancement Program
    The Commission, Concerned that illegal, unreported and unregulated 
(IUU) fishing vessels are increasingly conducting their fishing 
operations under flags of non-Contracting Parties and moving their 
catches through ports of non-Contracting Parties to circumvent CCAMLR 
rules, Believing that this problem should be addressed by encouraging 
cooperation between non-Contracting Parties and CCAMLR through:
    1. The exchange of information about IUU fishing with CCAMLR;
    2. Participation in key CCAMLR initiatives, such as the Catch 
Documentation Scheme for Dissostichus spp. (CDS), through 
implementation of conservation measures;
    3. Acceding to the Convention and/or joining the Commission, as 
appropriate, Noting that some non-Contracting Party States wish to 
cooperate with CCAMLR but lack the capacity to do so, Recognising that 
a structured program of technical cooperation to build the capacity of 
key non-Contracting Party Flag and Port States would assist them to 
combat IUU fishing activity and trade and support wider implementation 
of CCAMLR conservation measures,
    Noting that for its cooperation enhancement program to be effective 
Members will need to commit, support and be willing to deliver 
technical assistance, advice and training to non-Contracting Parties,
    1. Recommends that Members consider, at CCAMLR-XXV, the development 
of a cooperation enhancement program with the following attributes:
    (i) A focus on technical cooperation;
    (ii) Flexibility to tailor cooperation to meet the needs of both 
the Commission and the recipient State on a case-by-case basis;
    (iii) A partnership model involving the CCAMLR Secretariat, 
experienced CCAMLR Member(s) as sponsors and the recipient States(s);
    (iv) Matching of sponsors and recipients based on expertise, 
historical relationships between States and proximity;
    (v) Central repository of information and training material by the 
CCAMLR Secretariat.
    2. Decides to establish a priority list of States that may benefit 
from technical cooperation and develop clear criteria for investing in 
cooperation enhancement.

    Dated: January 11, 2006.
Margaret F. Hayes,
Director, Office of Oceans Affairs, Department of State.
[FR Doc. 06-503 Filed 1-25-06; 8:45 am]
BILLING CODE 3510-22-P