[Federal Register Volume 71, Number 50 (Wednesday, March 15, 2006)]
[Notices]
[Pages 13353-13355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3750]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 010606B]


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

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

ACTION: Notice.

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SUMMARY: NMFS issues this notice to notify the public that the United 
States has accepted conservation and management measures pertaining to 
fishing in Antarctic waters managed by the Commission for the 
Conservation of Antarctic Marine Living Resources (Commission or 
CCAMLR). The Commission adopted these measures at its twenty-forth 
meeting in Hobart, Tasmania, October 24 to November 4, 2005. The 
measures have been agreed upon by the Member countries of CCAMLR, 
including the United States, in accordance with Article IX of the 
Convention for the Conservation of Antarctic Marine Living Resources 
(the Convention). The conservation and management measures accepted: 
restrict overall catches, research catch and bycatch of certain species 
of fish, krill and crab; limit participation in several exploratory 
fisheries; restrict fishing in certain areas and to certain gear types; 
set fishing seasons; clarify seabird mitigation measures; clarify 
Member data reporting timelines and vessel monitoring reporting; adopt 
definitions for use in operating the Catch Documentation Scheme (CDS). 
The Commission adopted a list of vessels suspected to be engaged in 
illegal, unregulated or unreported fishing (IUU vessel list) in the 
Convention Area. The Commission also adopted a resolution urging Member 
participation in a non-Contracting Party Cooperation Enhancement 
Program.

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

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

SUPPLEMENTARY INFORMATION:

Background

    The full text of the conservation and management measures agreed to 
by consensus by CCAMLR at its 2005 meeting and published by the U.S. 
Department of State in a formal notice in the Federal Register on 
January 26, 2006 (71 FR 4406).
    Public comments were invited on the notice, but no public comments 
were received. Through this action, NMFS notifies the public that the 
United States has accepted the measures adopted at CCAMLR's twenty-
fourth meeting. NMFS provides the following summary of these 
conservation and management measures as a courtesy.

[[Page 13354]]

Prohibitions on Directed Fishing

    The Commission renewed the prohibition on directed fishing for 
Dissostichus species except in accordance with specific conservation 
measures. Accordingly, directed fishing for Dissostichus species in 
Subarea 48.5 was prohibited in the 2005/2006 season.

Bycatch

    The Commission agreed to apply the existing bycatch limits in 
Division 58.5.2 in the 2005/2006 season. The Commission also agreed to 
apply the existing bycatch limits for exploratory fisheries in the 
2005/2006 season, taking account of the revised catch limit for 
Dissostichus species in Subareas 88.1 and 88.2 and the consequential 
change to the bycatch limits in those subareas.
    The Commission agreed to include sleeper shark (Somniosus species) 
on the list of selected species for which its existing move-on rule 
apples when 2 tons or more are caught in any one haul. In addition, the 
Commission agreed to a new move-on rule in exploratory fisheries 
designed to encourage Members and their vessels to further improve the 
selectivity of fishing gear and fishing methods. The new move-on rule 
requires vessels to monitor the bycatch of Macrourus species relative 
to that of Dissostichus species at ten-day intervals.

Environmental Protection

    The Commission agreed to extend the environmental protection 
provisions implemented in the fisheries in Subareas 88.1 and 88.2 to 
fisheries in Subarea 48.6, south of 60[deg] S, Division 58.4.2 and 
Division 58.4.1, south of 60[deg] S. The provisions regulate the 
disposal of plastic packaging bands, the dumping or discharge of oil, 
garbage, food wastes, poultry, sewage, offal or incineration ash, and 
the translocation of poultry.

Seabird Mitigation Measures

    The Commission amended the conservation measure requiring longline 
sink rate testing prior to entering the Convention Area for vessels 
choosing to fish longlines during daylight hours. As amended, the 
conservation measure now requires a vessel to test a minimum, rather 
than a maximum, length of longline. The Commission also amended the 
measure to allow Commission-endorsed experimental trials to test the 
bottom-line system.
    The Commission revised its conservation measure on the minimization 
of the mortality of seabirds in the course of longline fishing so as to 
allow fishers to test variations on the design of mitigation measures 
for longlines.

Exploratory Fishing

    The Commission revised the notification procedure for exploratory 
fisheries to clarify that information on the license issued to a vessel 
requesting participation in an exploratory fishery must be included at 
the time the notification is submitted by the Flag State to the 
Secretariat.

Icefish

    The Commission adopted area specific conservation measures for 
Champsocephalus gunnari for the 2005/2006 season.
    The Commission set the overall catch limit for the C. gunnari trawl 
fishery in Subarea 48.3 for the 2005/2006 season at 2,244 tons, limited 
the catch of this total to 561 tons during the spawning period (March 
1, 2005 through May 31, 2006) and continued previously adopted 
restrictions on the fishery. Any catch taken between October 1, 2005 
and November 14, 2005 will be counted against the total catch limit for 
the 2005/2006 season.
    The Commission set the catch limit for C. gunnari trawl fishery 
within defined areas of Division 58.5.2 for the 2005/2006 season at 
1,210 tons and continued previously adopted restrictions on and 
reporting requirements for the fishery.

Crab

    The Commission set the total allowable catch level for the pot 
fishery for crab for the 2005/2006 fishing season at 1,600 tons and 
continued to limit participation to one vessel per member country 
conducted as an experimental harvest regime.

Squid

    The Commission set the total allowable catch limit for the 
exploratory jig fishery for Martialia hyadesi for the 2005/2006 fishing 
season at 2,500 tons.

Krill

    The Commission carried forward the precautionary catch limits for 
krill in Statistical Area 48 at 4.0 million tons overall and, as 
divided by subareas, at 1.008 million tons in Subarea 48.1, 1.104 
million tons in Subarea 48.2, 1.056 million tons in Subarea 48.3, and 
0.832 million tons in Subarea 48.4.

Dissostichus Species

    The Commission removed the requirement to carry out specific 
research sets in the exploratory fisheries in Subareas 88.1 and 88.2. 
In its place, the Commission agreed that there be a requirement that 
all fish of each Dissostichus species in a haul (up to a maximum of 35 
fish) be measured and randomly sampled for biological studies from all 
lines hauled in Subareas 88.1 and 88.2.
    The Commission set a combined catch limit of 3,556 tons for the 
longline and pot fisheries for D. eleginoides in the Shag Rocks and 
South Georgia areas of Subarea 48.3 in the 2005/2006 season. The 
Commission closed the West Shag Rocks area and set bycatch limits on 
other species.
    The Commission established a mark-recapture program for the 2005/
06, 2006/07 and 2007/08 seasons to assess the population of toothfish 
in Subarea 48.4 and revised the limit on the catch of Dissostichus 
eleginoides to 100 tons per season, revised the fishing season to April 
1 through September 30, and required each vessel operating in the 
fishery to undertake a tagging program in accordance with a CCAMLR 
Tagging Protocol.
    The Commission set a combined catch limit of 2,584 tons of D. 
eleginoides in Division 58.5.2 west of 79[deg]20' E from December 1, 
2005, to November 30, 2006, for trawl and pot fishing and from May 1, 
2006, to August 31, 2006, for longline fishing. The Commission extended 
the season to September 30 for vessels which complete longline sink 
rate testing using CCAMLR testing protocols.
    The Commission designated several Dissostichus fisheries as 
exploratory fisheries for the 2005/2006 fishing season. These fisheries 
are total allowable catch fisheries and are open only to the flagged 
vessels of countries that notified CCAMLR of an interest by named 
vessels to participate in the fisheries.
    The exploratory fisheries for Dissostichus species authorized by 
the Commission for the 2005/2006 fishing season include the following: 
(1) Longline fishing in Statistical Division 58.4.1 by Australia (one 
vessel), Chile (two vessels), Republic of Korea (two vessels), New 
Zealand (three vessels), Spain (two vessels) and Ukraine (one vessel); 
(2) longline fishing in Statistical Subarea 48.6 by one vessel per 
country at any one time by Japan and New Zealand; (3) longline fishing 
in Statistical Division 58.4.2 by Australia (one vessel), Chile (two 
vessels), Republic of Korea (one vessel), New Zealand (two vessels), 
and Spain (two vessels); (4) longline fishing in Statistical Division 
58.4.3a (the Elan Bank) outside areas under national jurisdiction to no 
more than one vessel per country at a time by Australia, Chile, 
Republic of Korea and Spain; (5) longline fishing in Statistical 
Division 58.4.3b (the BANZARE Bank) outside areas of national 
jurisdiction to no more

[[Page 13355]]

than one vessel per country at a time by Australia, Chile, Republic of 
Korea, Spain and Uruguay; (6) longline fishing in Statistical Subarea 
88.1 by Argentina (two vessels), Republic of Korea (two vessels), New 
Zealand (five vessels), Norway (one vessel), Russia (two vessels), 
South Africa (one vessel), Spain (three vessels), United Kingdom (two 
vessels), and Uruguay (three vessels); and (7) longline fishing in 
Statistical Subarea 88.2 by Argentina (two vessels), Republic of Korea 
(one vessel), New Zealand (five vessels), Norway (one vessel), Russia 
(two vessels), Spain (three vessels), United Kingdom (two vessels), and 
Uruguay (one vessel).

Research Catch

    The Commission agreed that catches for research purposes will be 
considered a part of any catch limits in force for each species taken 
unless the catch limit in an area is set at zero. In the event of 
research being undertaken in an area with a zero catch limit, the 
catches will be considered to be the catch limit for the season in that 
area unless the zero catch limit area is part of a group of areas for 
which an overall catch limit is set. In this latter case, the research 
catches will be considered as part of the overall catch limit for that 
group of areas.

Member Data Reporting

    The Commission revised the five-day catch and effort reporting 
system to clarify that reports from Members are due to the CCAMLR 
Secretariat within 48 hours of the close of each five-day reporting 
period and must include data on the number of pots used in pot 
fisheries.
    The Commission agreed that haul-by-haul data should be submitted 
annually by Members for all krill fisheries. The Commission also agreed 
that monthly catch reports should be compiled at the spatial scale 
relevant to the management of catch limits specified in the 
conservation measures setting krill catch limits.
    The Commission revised the conservation measures on port 
inspections of vessels carrying Dissostichus species to require that 
Members submit reports of port inspections on each occasion that a 
vessel unloads Dissostichus species in their territories.
    The Commission revised the conservation measure on automated 
satellite-linked vessel monitoring systems to reinstate a requirement 
that Flag States notify the CCAMLR Secretariat as soon as possible of 
the movement between subareas and divisions of the Convention Area by 
each of its fishing vessels. The Commission encouraged Flag States to 
submit all VMS reports to the Secretariat by means of direct reporting 
by vessels to the CCAMLR Secretariat via VMS land stations.

Illegal, Unregulated and Unreported Vessel List

    The Commission consolidated the lists of vessels suspected of 
illegal, unregulated or unreported (IUU) fishing or trading (the IUU 
vessel list) into a combined List of Contracting Party Vessels and non-
Contracting Party Vessels. The vessels on the consolidated list are: 
VIARSA I (Uruguay), MAYA V (Uruguay), AMORINN (Togo), APACHE I 
(Honduras), CONDOR (Togo), EOLO (Equatorial Guinea), GOLDEN SUN 
(Equatorial Guinea), HAMMER (Togo), JIAN YUAN(Georgia), KANG YUAN 
(Georgia), KETA (flag unknown), SOUTH OCEAN (China), RED LION 22 
(Equatorial Guinea), SARGO (Togo), SEA STORM (Equatorial Guinea), SOUTH 
BOY (Equatorial Guinea), ROSS (Togo) and TARUMAN (Cambodia). A vessel 
on the IUU Vessel List will not be permitted to participate in 
exploratory fisheries. CCAMLR members are urged to prohibit trade with 
the vessels on the CCAMLR IUU Vessel List.

Vessel Monitoring

    The Commission reinstated a section in the 2002 version of the 
conservation measure for an Automated Satellite-linked Vessel 
Monitoring System requiring notification of each movement of a vessel 
between subareas and division. The Commission encouraged Flag States to 
submit all VMS reports to the CCAMLR Secretariat by means of direct 
reporting by vessels to the Secretariat via VMS land stations.

Catch Documentation Scheme

    The Commission adopted clarifying definitions of export, import, 
landing, port state and transshipment for purposes of administering the 
CDS. ``Export'' is defined as any movement of a catch in its harvested 
or processed form from the 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. ``Import'' is defined as 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 transshipped within the 
definitions of ``landing'' or ``transshipment.'' ``Landing'' is defined 
as 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. ``Port State'' is defined as the State that has control over a 
particular port area or free trade zone for the purposes of landing, 
transshipment, importing, exporting and re-exporting and whose 
authority serves as the authority for landing or transshipment 
certification. ``Re-export'' is defined as 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. 
``Transshipment'' is defined as 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 on an artificial structure to facilitate 
such transfer shall not prevent the transfer from being a transshipment 
where the catch is not within the definition of landing.
    The Commission added a provision to the text of the CDS 
conservation measure and to the data fields of the Dissostichus Catch 
Document (DCD) and the Re-Export form requiring the reporting of 
transport details of toothfish shipments.

Non-Contracting Party Cooperation Enhancement Program

    The Commission adopted a resolution on a non-Contracting Party 
Cooperation Enhancement Program. The resolutions urges Members to 
provide information, training materials and technical assistance to 
non-Contracting Flag and Port States with an interest in controlling 
toothfish harvesting and trade, but which lack the expertise and 
resources to do so.

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

    Dated: March 9, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. E6-3750 Filed 3-14-06; 8:45 am]
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