[Federal Register Volume 73, Number 55 (Thursday, March 20, 2008)]
[Notices]
[Pages 14964-14968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5680]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE04


New and Revised Conservation and Management Measures and 
Resolutions for Antarctic Marine Living Resources Under the Auspices of 
CCAMLR

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

ACTION: Final notice.

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SUMMARY: NMFS notifies the public that the United States has accepted 
conservation and management measures and a resolution 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-sixth 
meeting in Hobart, Tasmania, October 22 to November 2, 2007. 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 measures include: measures previously adopted by 
the Commission and remaining in force; measures adopted for the 2007/
2008 fishing season to restrict overall catches, research catch and 
bycatch of certain species of finfish, squid, krill and crabs; restrict 
fishing in certain areas; restrict use of certain fishing gear; specify 
implementation and inspection obligations supporting the Catch 
Documentation Scheme of Contracting Parties; and promote compliance 
with

[[Page 14965]]

CCAMLR measures by non-Contracting Party vessels. The full text of all 
the measures adopted by CCAMLR can also be found on CCAMLR's website --
www.ccamlr.org.

DATES: This final notice is effective on March 20, 2008.

FOR FURTHER INFORMATION CONTACT: Robert Gorrell, Office of Sustainable 
Fisheries, Room 13463, 1315 East-West Highway, SSMC3, NMFS, Silver 
Spring, MD 20910; tel: 301-713-2341; fax 301-713-1193; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to 50 CFR 300.111, NMFS and the U.S. Department of State 
(DOS) published in the Federal Register on December 21, 2007 (72 FR 
72826) the full text of the new and revised conservation and management 
measures adopted by CCAMLR at its 2007 meeting. NMFS did not republish 
those conservation and management measures that were adopted at a 
previous CCAMLR meeting and that did not change.
    NMFS invited the public to comment on these conservation measures 
and received two such comments.

Comment 1

    One commenter suggested a cessation to the harvesting of krill in 
all oceans by all countries. The commenter stated that krill are the 
foundation forage for several important food chains, including finfish, 
cetaceans, and ultimately humans, and that if humans collectively 
weaken food chain foundations, humans do harm to their long-term 
commercial fish harvests and especially to the continued long-term 
prosperity of the oceans.

Response

    NMFS recognizes the importance of krill in the ocean's food chains 
and has taken action in CCAMLR to support the adoption of a 
precautionary approach to setting catch limits on the large 
concentrations of krill in the CCAMLR Convention Area. The United 
States has agreed to a catch limit in CCAMLR that is well below the 
harvestable biomass. Total international harvests in the krill fishery 
in the past have been at a low percentage relative to the CCAMLR catch 
limits. Beyond working in international fora such as CCAMLR, the United 
States cannot control foreign harvests of krill in all oceans by all 
countries.

Comment 2

    Another commenter, the Humane Society International (HIS) and the 
Humane Society of the United States (HSUS), supports immediate 
ratification and enactment of the protection measures agreed to at last 
November's CCAMLR meeting. This commenter also urged the United States 
and other member countries to begin to identify and address the 
following areas that the commenter believes are in need of improvement: 
(1) climate change; (2) ice strengthening of fishing vessels; (3) 
banning use of heavy gas oils in Antarctic waters; (4) trade controls 
in support of containing IUU fishing; (5) choosing an ecosystem-based 
management consistent framework for setting krill catch limits for 
small scale management units; and (6) International Whaling Commission/
CCAMLR workshop on whale research. The HIS and HSUS elaborated on their 
suggestions and urgings for the United States in each of these six 
areas.

Response

    Beyond the comment by the HIS and HSUS that they had no objection 
to the measures that were published in the preliminary notice by NMFS 
and DOS, they raised other issues that were outside the scope of the 
measures and resolution adopted at the 2007 CCAMLR meeting and 
presented in this notice. Nonetheless, those issues (e.g., climate 
change, trade measures, and krill harvesting for small scale management 
units) are being discussed and debated by member nations to CCAMLR 
including the United States, and by the CCAMLR Scientific Committee. 
Therefore, it is quite possible that these discussions could lead to 
conservation measures in the future that CCAMLR would adopt and that 
would address concerns voiced by HIS and HSUS.
    After considering public comment under 50 CFR 300.111, NMFS 
notifies the public that the United States accepts the conservation 
measures adopted at CCAMLR's twenty-sixth meeting, and considers the 
measures in effect with respect to the United States. For the full text 
of the measures adopted, see 72 FR 72826, December 21, 2007. NMFS 
provides the following summary of these conservation measures and a 
resolution as a courtesy to the public.

Revised Measures

    The Commission revised the following compliance measures: licensing 
and inspection obligations of Contracting Parties with regard to their 
flag vessels operating in the Convention Area were revised to require -
- adequate communication equipment and trained operators on board; 
sufficient immersion survival suits for all on board; adequate 
arrangements to handle medical emergencies; reserves of food, fresh 
water, fuel and spare parts for critical equipment; and an approved 
Shipboard Oil Pollution Emergency Plan outlining marine pollution 
mitigation arrangements in the event of a fuel or waste spill 1,2,3 (CM 
10-02); and automated satellite-linked Vessel Monitoring Systems (VMS) 
requirements to eliminate the exception for vessels participating in 
the krill fishery (CM 10-04).
    The Commission revised general fisheries matters to require: 
notifications of intent to participate in a fishery for krill, 
Euphausia superba, including notification of intent to participate in a 
fishery for krill (CM 21-03); data reporting system for Euphausia 
superba fisheries (CM 23-06); and minimization of the incidental 
mortality of seabirds in the course of longline fishing or longline 
fishing research in the Convention Area1,2,3 by giving Spanish longline 
system vessel operators the choice of either using traditional weights 
under the current two mass/spacing regimes or using steel weights under 
a mass spacing regime and by specifying the mass and spacing of weights 
(CM 25-02).
    The Commission revised fishery regulations for krill by: setting 
precautionary catch limits on Euphausia superba in Statistical Subareas 
48.1, 48.2, 48.3, and 48.4 so that the total combined catch in these 
subareas is limited to 620,000 tonnes (trigger level) in any fishing 
season until the Commission has defined an allocation of the total 
catch limit of 3.47 million tones between smaller management units (CM 
51-01); and setting precautionary catch limitation on Euphausia superba 
in Statistical Division 58.4.2 at 2.645 million tonnes total catch, 
which may be subdivided into 1.448 million tonnes west of 55 degrees E. 
and 1.080 million tonnes east of 55 degrees E., however, until the 
Commission has defined an allocation of this total catch limit between 
smaller management units, the total catch in Division 58.4.2 is limited 
to 260,000 tonnes west of 55 degrees E. and 192,000 tonnes east of 55 
degrees E. in any fishing season (CM 51-03). The Commission carried 
over from last year the precautionary catch limit on Euphausia superba 
in Statistical Division 58.4.1 of 440,000 tonnes total catch, which is 
subdivided into 277,000 tonnes west of 115 degrees E. and 163,000 
tonnes east of 115 degrees E.

[[Page 14966]]

CCAMLR Ecosystem Monitoring Program

    The Commission rescinded the Seal Islands as CCAMR Ecosystem 
Monitoring Program Protected Sites.

Prohibitions on Directed Fishing

    The Commission retained the continuing prohibitions for directed 
fishing for finfish in Statistical Subareas 48.1 and 48.2; for 
Notothenia rossii in Statistical Subareas 48.1, 48.2 and 48.3; for 
Gobionotothen gibberifrons, Chaenocephalus aceratus, Pseudochaenicthys 
georgianus, Lepidonotothen squamifrons and Patagonotothen guntheri in 
Statistical Subareas 48.3; for Lepidonotothen squamifrons in 
Statistical Division 58.4.4; for Dissostichus species in Statistical 
Division 58.4.4 outside areas of national jurisdiction; for 
Dissostichus eleginoides in Statistical Subarea 58.6; for Dissostichus 
eleginoides in Statistical Subarea 58.7; for Dissostichus eleginoides 
in Statistical Division 58.5.1 outside areas of national jurisdiction; 
for Dissostichus eleginoides in Statistical Division 58.5.2 east of 
79[deg]20'E and outside of the EEZ to the west of 79[deg]20'E; for 
Dissostichus species in Statistical Subarea 88.2 north of 65[deg] S; 
for Dissostichus species in Statistical Subarea 88.3; and for Electrona 
carlsbergi in Statistical Subarea 48.3.
    The Commission adopted a new general measure (CM 32-09) that 
prohibited directed fishing for Dissostichus species in Statistical 
Subarea 48.5, except in accordance with specific conservation measures, 
during the 2007/2008 fishing season.

General Fisheries Matters and Fishery Regulations

    The Commission adopted a new general measure (CM 31-02) for the 
closure of all fisheries\1,2,3\. This new conservation measure requires 
all vessels to remove their fishing gear from the water by the notified 
closure date and time, and upon receipt of such notification, no 
further longlines may be set within 24 hours of the notified closure 
date and time. All vessels should depart the closed fishery as soon as 
all fishing gear has been removed from the water, and if gear cannot be 
removed by the notified closure date then the Flag State, Secretariat, 
and Members must be notified.
    The Commission adopted a new measure \1,2,3\ (CM 22-06) that 
restricts bottom fishing in the Convention Area south of 60[deg]S; and 
to the rest of the Convention Area with the exception of subareas and 
divisions where an established fishery was in place in 2006/2007 with a 
catch limit greater than zero. The purpose is to prevent significant 
adverse impacts on``vulnerable marine ecosystems'' (VME) (including 
seamounts, hydrothermal vents, cold water corals and sponge fields). 
Under this measure, until November 2008, bottom fishing activities 
shall be limited to those areas for which bottom fishing activities 
were approved by the Commission in the 2006/2007 fishing season. 
Contracting Parties whose vessels wish to engage in any bottom fishing 
activities, beginning 1 December 2008, must follow the procedures 
proscribed by the Commission to assess the impacts of bottom fishing on 
VMEs. The CCAMLR Scientific Committee will conduct an assessment to 
determine if the bottom fishing would contribute to having significant 
adverse impacts on VMEs and to ensure that individual bottom fishing 
activities are managed to prevent such impacts or are not authorized to 
proceed.
    Where evidence of a VME is encountered in the course of bottom 
fishing operations, Contracting Parties are to report the encounter to 
the Secretariat so that appropriate conservation measures can be 
adopted relevant to the site. The Commission agreed to adopt initial 
conservation measures in 2008 to be applied when evidence of a VME is 
encountered in the course of fishing operations.
    All Contracting Parties whose vessels participate in bottom 
fisheries must ensure that their vessels are: properly equipped; carry 
at least one CCAMLR-designated scientific observer; submit data 
pursuant to data collection plans for bottom fisheries to be developed 
by the Scientific Committee; and submit relevant data to CCAMLR and the 
Scientific Committee for review. The new bottom fishing measure also 
addresses data collection and sharing, including digital maps of VMEs 
in the Convention Area, and scientific research activities. Beginning 
in 2009 and biennially thereafter, the Commission agreed to examine the 
effectiveness of relevant conservation measures in protecting VMEs from 
significant adverse impacts, based upon advice from the Scientific 
Committee.

Bycatch

    The Commission agreed to extend the existing bycatch limits in 
Statistical Division 58.5.2 into the 2007/2008 season. The Commission 
also agreed to extend the existing bycatch limits and move-on rules for 
exploratory fisheries into the 2007/2008 season.
    The Commission adopted a new measure (CM 33-02) that there be no 
directed fishing for any species other than Dissostichus eleginoides 
and Champsocephalus gunnari in Statistical Division 58.5.2 in the 2007/
2008 fishing season. The measure for Statistical Division 58.5.2 also 
limited bycatch of Channichthys rhinoceratus to 150 tonnes, bycatch of 
Lepidonotothen squamifrons to 80 tonnes, bycatch of Macrourus spp. to 
360 tonnes, and the bycatch of skates and rays to 120 tonnes. The 
bycatch of any other fish species and for which there is no other catch 
limit in force, may not exceed 50 tonnes in Statistical Division 
58.5.2. The measure also set minimum distances separating fishing 
locations or trawl paths if specified bycatch limits of certain species 
were exceeded.The Commission adopted a new measure1,2,3 (CM 33-03) that 
applies to new and exploratory fisheries in all areas containing small-
scale research units (SSRUs) in the 2007/2008 season, except where 
specific bycatch limits apply. The catch limits for all bycatch species 
are:

                                      Table 1: Bycatch Catch Limits for New and Exploratory Fisheries in 2007/2008
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                                                                                                             Bycatch catch limit
                                                                Dissostichus spp.   --------------------------------------------------------------------
   Statistical Subarea/ Division             Region            catch limit (tonnes      Skates and rays         Macrourus spp.     Other species (tonnes
                                                                   per region)        (tonnes per region)    (tonnes per region)         per SSRU)
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48.6                                 North of 60[deg]S       200                     50                     32                     20
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                                     South of 60[deg]S       200                     50                     32                     20
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58.4.1                               Whole division          600                     50                     96                     20
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[[Page 14967]]

 
58.4.2                               Whole division          780                     50                     124                    20
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58.4.3                               Whole division          250                     50                     26                     20
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58.4.3b                              North of 60[deg]S       150                     50                     80                     20
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88.1                                 Whole subarea           2,660                   133                    426                    20
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88.2                                 South of 60[deg]S       547                     50                     88                     20
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    Within these catch limits, the total catch of bycatch 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, and all other species combined 20 tonnes. 
Unless otherwise requested by scientific observers, vessels, where 
possible, should release skates and rays alive from the line by cutting 
snoods, and when practical removing the hooks. The measures would 
require a vessel to cease fishing and move on to other fishing grounds 
if harvests reached a certain target level.

New and Exploratory Fishing

    The Commission adopted new general measures 1,2,3 (CM 41-01) for 
exploratory fisheries using trawl or longline methods, except for such 
fisheries where the Commission has given specific exemptions, for 
Dissostichus spp. in the Convention Area in the 2007/2008 season, which 
include: (1) fishing in any small-scale research unit (SSRU) must cease 
when the reported catch reaches the specified catch limit and that SSRU 
will be closed to fishing for the remainder of the season; (2) how the 
precise geographic positions of a haul in trawl fisheries will be 
determined; (3) how the precise geographic position of a haul/set in 
longline fisheries will be determined; (4) 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; (5) catch and effort 
information for each species by SSRU must be reported using CCAMLR's 
Five-day Catch and Effort Reporting System; (6) the Secretarial will 
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; (7) the total 
number and weight of Dissostichus eleginoides and Dissostichus mawsoni 
discarded must be reported; (8) each vessel must 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; (9) a Data Collection Plan, Research Plan, and 
Tagging Program, together with specific provisions for each exploratory 
fishery must be implemented; and (10) notification provisions for 
Members who are not going to participate in the fishery.

Dissostichus Species

    The Commission set (new CM 41-02) a combined catch limit of 3,920 
tonnes for the longline and pot fisheries for Dissostichus eleginoides 
in Statistical Subarea 48.3 in each of the fishing seasons 2007/2008 
and 2008/2009. The catch limit is further subdivided: (1) Management 
Area A (West Shag Rocks area): 0 tonnes; (2) Management Area B (Shag 
Rocks area): 1,176 tonnes in each season; and (3) Management Area C 
(South Georgia area): 2,744 tonnes in each season. The Commission also 
set bycatch limits on other species.
    The Commission authorized exploratory fisheries for Dissostichus 
spp. for the 2007/2008 fishing season as follows: (1) longline fishing 
in Statistical Subarea 48.6 by no more than one vessel per country at 
any time by Japan, Republic of Korea, New Zealand, and South Africa and 
the total catch for Dissostichus spp. is limited to 200 tonnes north of 
60 degrees S. and 200 tonnes south of 60 degrees S. (new CM 41-04); (2) 
longline fishing in Statistical Division 58.4.1 by Australia (one 
vessel), Japan (one vessel), Republic of Korea (five vessels), Namibia 
(two vessels), New Zealand (three vessels), Spain (one vessel), Ukraine 
(one vessel), and Uruguay (one vessel) and the total catch for 
Dissostichus spp. is limited to 600 tonnes of which no more than 200 
tonnes may be taken in any one of the eight SSRUs (new CM 41-11); (3) 
longline fishing in Statistical Division 58.4.2 by Australia (one 
vessel), Japan (one vessel); Republic of Korea (five vessels), Namibia 
(two vessels), New Zealand (two vessels), South Africa (one vessel), 
Spain (one vessel), Ukraine (one vessel), and Uruguay (one vessel) and 
the total catch for Dissostichus spp. is limited to 780 tonnes of which 
no more than 260 tonnes may be taken in any one of the five SSRUs (new 
CM 41-05); (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 any time by Uruguay and the total catch for 
Dissostichus spp. is limited to 250 tonnes in areas outside of national 
jurisdiction (new CM 41-06); (5) longline fishing in Statistical 
Division 58.4.3b (the BANZARE Bank) outside areas of national 
jurisdiction is limited to no more than one vessel per country at any 
time by Australia, Japan, Republic of Korea, Namibia, Spain and Uruguay 
and the total catch for Dissostichus spp. is limited to 150 tonnes in 
SSRU A and 50 tonnes for the scientific research survey in SSRUs A and 
B (new CM 41-07); (6) fishing for Dissostichus eleginoides with trawls, 
pots, or longlines in Statistical Division 58.5.2 is limited to 2,500 
tonnes west of 79 degrees 20 minutes E. (new CM 41-08); (7) longline 
fishing in Statistical Subarea 88.1 by Argentina (two vessels), 
Republic of Korea (five vessels), Namibia (one vessel), New Zealand 
(four vessels), Russia (two vessels), South Africa (one vessel), Spain 
(one vessel), United Kingdom (three vessels), and Uruguay (two vessels) 
and the total catch of Dissostichus spp. is limited to 2,700 tonnes of 
which 40 tonnes is set aside for research fishing and the remaining 
2,660 tonnes is divided 313

[[Page 14968]]

tonnes total for SSRUs B,C, and G and 1,698 tonnes total for SSRUs H, 
I, and K, and 495 tonnes for SSRU J, and 154 tonnes for SSRU L (new CM 
41-09); and (8) longline fishing in Statistical Subarea 88.2 by 
Argentina (two vessels), New Zealand (four vessels), Russia (two 
vessels), South Africa (one vessel), Spain (one vessel), United Kingdom 
(three vessels), and Uruguay (two vessels) and the total catch of 
Dissostichus spp. South of 65 degrees S. is limited to 567 tonnes of 
which 20 tonnes is set aside for research fishing and the remaining 547 
tonnes is divided 206 tonnes total for SSRUs C, D, F, and G and 341 
tonnes for SSRU E (new CM 41-10).

Icefish

    The Commission adopted area specific conservation measures for 
Champsocephalus gunnari for the 2007/2008 season and set the overall 
catch limit for the C. gunnari trawl fishery in Statistical Subarea 
48.3 at 2,462 tonnes (new CM 42-01). The use of bottom trawls in the 
directed fishery was prohibited and fishing for C. gunnari within 12 
nautical miles of the coast of South Georgia during March 1 to May 31 
was prohibited.
    The Commission set the catch limit for the C. gunnari trawl fishery 
within defined areas of Division 58.5.2 for the 2007/2008 season at 220 
tonnes and implemented a ten-day catch and effort reporting system for 
the fishery (new CM 42-02).

Crab

    The Commission set the total allowable catch level for the pot 
fishery for crab in Statistical Subarea 48.3 for the 2007/2008 fishing 
season at 1,600 tonnes and continued to limit participation to one 
vessel per member country (new CM 52-01).
    The Commission established an experimental harvest regime for 
vessels participating in the crab fishery in Statistical Subarea 48.3 
in the 2007/2008 fishing season (new CM 52-02).

Squid

    The Commission set the total allowable catch limit for the 
exploratory jig fishery for Martialia hyadesi in Statistical Subarea 
48.3 for the 2007/2008 fishing season at 2,500 tonnes and required each 
vessel participating in this exploratory fishery to collect data in 
accordance with a specified Data Collection Plan (new CM 61-01).

Krill

    The Commission carried forward the precautionary catch limits for 
krill in Statistical Area 58.4.1 at 440,000 tonnes as indicated above.

Resolution:

    The Commission adopted Resolution 26/XXVI (International Polar 
Year/Census of Antarctic Marine Life) urging Contracting Parties to 
support and where possible contribute to the International Polar Year 
activities in the CCAMLR Convention Area, including the Census of 
Antarctic Marine Life.
    \1\ Except for waters adjacent to the Kerguelen Islands
    \2\ Except for waters adjacent to the Crozet Islands
    \3\ Except for waters adjacent to the Prince Edward Islands
    For further information, see the CCAMLR web site at www.ccamlr.org 
under Publications for the Schedule of Conservation Measures in Force 
(2007/2008), or contactthe Commission at the CCAMLR Secretariat, P.O. 
Box 213, North Hobart, Tasmania 7002, Australia. Tel: (61) 3-6210-
1111).

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

    Dated: March 14, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs National Marine 
Fisheries Service.
[FR Doc. E8-5680 Filed 3-19-08; 8:45 am]
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