Federal Register: December 19, 2002 (Volume 67, Number 244)

DOCID: FR Doc 02-31851

DEPARTMENT OF STATE

Veterans Affairs Department

DOCUMENT ID: [Public Notice 4232]

NOTICE: Part III

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY:

New Conservation Measures for Antarctic Fishing Under the Auspices of CCAMLR

DATES: Persons wishing to comment on the measures or desiring more information should submit written comments within 30 days of this announcement.

DOCUMENT SUMMARY:

At its Twenty-First Meeting in Hobart, Tasmania, October 21 to November 1, 2002, 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 nonContracting Party vessels. This notice includes the full text of the conservation measures adopted at the TwentyFirst 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.

SUMMARY:

State Department,

SUPPLEMENTAL INFORMATION

Individuals interested in CCAMLR should also see 15 CFR Chapter IIIInternational Fishing and Related Activities, Part 300International Fishing Regulations, Subpart AGeneral; Subpart BHigh Seas Fisheries; and Subpart GAntarctic 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 Convention 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 recordkeeping 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.

Conservation Measures Remaining in Force: The Commission agreed that the Conservation Measures 2/III, 3/IV, 4/V, 5/V, 7/V, 6/V, 18/XIX, 19/IX, 40/X, 51/XIX, 61/XII, 62/XIX, 63/XV, 72/XVII, 73/XVII, 82/XIX, 95/XIV, 119/XX, 121/XIX, 122/XIX, 129/XVI, 146/XVII, 171/XVIII, 173/ XVIII, 180/XVIII, 217/XX, and 160/XVII and Resolutions 7/IX, 10/XII, 14/XIX, 15/XIX, 16/XIX, and 17/XX remain in force in 2002/03.

For the text of CCAMLR Conservation Measures remaining in force, see 61 FR 66723, dated December 18, 1996; 63 FR 5587, dated February 3, 1998; 63 FR 300 dated December 22, 1998; 64 FR 71165, dated December 20, 1999; 66 FR 7527, dated January 23, 2001, and 67 FR 2477, dated January 17, 2002.

New and Revised Conservation Measures: At its TwentyFirst Meeting in Hobart, Tasmania, October 21 to November 1, 2002, the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) revised the following Conservation Measures 29/XIX, 31/X, 32/XIX, 45/XX, 64/ XIX, 65/XII, 106/XIX, 118/XX, 147/XIX, 148/XX, 170/XX and 216/XX. In addition, twentyone measures and two resolutions were adopted. The conservation measures and resolutions adopted at the TwentyFirst Meeting follow. For further information, see the CCAMLR Web site at http://www.ccamlr.org under Publications for the Schedule of Conservation Measures in Force (2002/2003), or contact the Commission at the CCAMLR Secretariat, P.O. Box 213, North Hobart, Tasmania 7002, Australia, Tel: (61) 362310366, Fax: (61) 362349965.
Conservation Measure 1003 (2002) \1\ [147/XXI]

Port Inspections of Vessels Carrying Toothfish

1. Contracting Parties shall undertake inspection 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 1005 [170/XXI], 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, unregulated and unreported (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 transhipped. 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.

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.
\1\ Except for waters adjacent to the Kerguelen and Crozet Islands.
[[Page 77877]]
Conservation Measure 1004 (2002) [148/XXI]

Automated SatelliteLinked Vessel Monitoring Systems (VMS)

The Commission hereby adopts the following conservation measure in accordance with Article IX of the Convention:

1. Each Contracting Party shall maintain an automated Vessel Monitoring System (VMS) to monitor the position of its fishing vessels, which are licensed \1\ in accordance with Conservation Measure 1002 [119/XX].

2. The implementation of VMS on vessels while participating only in a krill fishery is not currently required.

3. Each Contracting Party, within two working days of receiving the required VMS information, shall provide to the Secretariat dates and the statistical area, subarea or division for each of the following movements of its flag fishing vessels:
(i) Entering and leaving the Convention Area; and
(ii) Crossing boundaries between CCAMLR statistical areas, subareas and divisions.

4. For the purpose of this measure, VMS means a system where, inter alia:
(i) Through the installation of satellitetracking devices on board its fishing vessels, the Flag State receives automatic transmission of certain information. This information includes the fishing vessel identification, location, date and time, and is collected by the Flag State at least every four hours to enable it to monitor effectively its flag vessels;
(ii) Performance standards provide, as a minimum, that the VMS: (a) For both the hardware and software components, shall be tamper proof, i.e. shall not permit the input or output of false positions and must not be capable of being manually overridden;
(b) Is fully automatic and operational at all times regardless of environmental conditions;
(c) Provides real time data;
(d) Provides the geographical position of the vessel, with a position error of less than 500 m with a confidence interval of 99%, the format being determined by the Flag State; and
(e) In addition to regular messages, provides special messages when the vessel enters or leaves the Convention Area and when it moves between one CCAMLR area, subarea or division within the Convention Area.

5. Contracting Parties shall not issue licences under Conservation Measure 1002 [119/XX] unless the VMS complies with paragraph 5 in its entirety.

6. In the event of technical failure or other nonfunction of the VMS, the master or the owner of the fishing vessel, as a minimum: (i) Shall communicate at least once every 24 hours, starting from the time that this event was detected, the data referred in paragraph 4(i) by telex, by fax, by telephone message or by radio to the Flag State; and
(ii) Shall take immediate steps to have the device repaired or replaced as soon as possible, and, in any event, within two months. If during that period the vessel returns to port it shall not be allowed to commence a further fishing trip without having the defective device repaired or replaced.

7. In the event that the VMS ceases to operate, the Contracting Party as soon as possible shall advise the Executive Secretary of the name of the vessel, the date, time and the location of the vessel when the VMS failed. The Party shall also inform the Executive Secretary when the VMS becomes operational again. The Executive Secretary shall make such information available to Contracting Parties upon request.

8. Contracting Parties shall report to the Secretariat before the start of annual meetings of the Commission, on the VMS which has been introduced in accordance with paragraphs 1 and 2, including its technical details, on:
(i) Any change in the VMS; and
(ii) In accordance with paragraph XI of the CCAMLR System of Inspection, all cases where they have determined, with the assistance of the VMS that vessels of their flag had fished in the Convention Area in possible contravention of CCAMLR conservation measures.
\1\ Includes permitted.
Conservation Measure 1005 (2002) [170/XXI]
Catch Documentation Scheme for Dissostichus spp.

The Commission,

Concerned that illegal, unregulated and unreported (IUU) fishing for Dissostichus spp. in the Convention Area threatens serious depletion of populations of Dissostichus spp.,

Aware that IUU fishing involves significant bycatch 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. 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 nonContracting Parties whose vessels fish for Dissostichus spp. to participate in the Catch Documentation Scheme for Dissostichus spp.,
hereby adopts the following conservation measure in accordance with Article IX of the Convention:

1. Each Contracting Party shall take steps to identify the origin of Dissostichus spp. imported into or exported from its territories and to determine whether Dissostichus spp. harvested in the Convention Area that is imported into or exported from its territories was caught in a manner consistent with CCAMLR conservation measures.

2. Each Contracting Party shall require that each master or authorised representative of its flag vessels authorised to engage in harvesting of Dissostichus eleginoides and/or Dissostichus mawsoni complete a Dissostichus catch document for the catch landed or transhipped on each occasion that it lands or tranships Dissostichus spp.

3. Each Contracting Party shall require that each landing of Dissostichus spp. at its ports and each transhipment of Dissostichus spp. to its vessels be accompanied by a completed Dissostichus catch document.

4. Each Contracting Party shall, in accordance with their laws and [[Page 77878]]
regulations, require that their flag vessels which intend to harvest Dissostichus spp., including on the high seas outside the Convention Area, are provided with specific authorisation to do so. Each Contracting Party shall provide Dissostichus catch document forms to each of its flag vessels authorised to harvest Dissostichus spp. and only to those vessels.

5. A nonContracting Party seeking to cooperate with CCAMLR by participating in this scheme may issue Dissostichus catch document forms, in accordance with the procedures specified in paragraphs 6 and 7, to any of its flag vessels that intend to harvest Dissostichus spp.

6. The Dissostichus catch document shall include the following information:
(i) The name, address, telephone and fax numbers of the issuing authority;
(ii) The name, home port, national registry number, and call sign of the vessel and, if issued, its IMO/Lloyd's registration number; (iii) The reference number of the licence or permit, whichever is applicable, that is issued to the vessel;
(iv) The weight of each Dissostichus species landed or transhipped by product type, and
(a) By CCAMLR statistical subarea or division if caught in the Convention Area; and/or
(b) By FAO statistical area, subarea or division if caught outside the Convention Area;
(v) The dates within which the catch was taken;
(vi) The date and the port at which the catch was landed or the date and the vessel, its flag and national registry number, to which the catch was transhipped; and
(vii) The name, address, telephone and fax numbers of the recipient(s) of the catch and the amount of each species and product type received.

7. Procedures for completing Dissostichus catch documents in respect of vessels are set forth in paragraphs A1 to A10 of Annex 10 05/A [170/A] to this measure. The standard catch document is available on the CCAMLR Web site, http://www.CCAMLR.org, or contact the Office of Sustainable Fisheries at the National Marine Fisheries Service (phone Dean Swanson at 3017132276).

8. Each Contracting Party shall require that each shipment of Dissostichus spp. imported into or exported from its territory be accompanied by the exportvalidated Dissostichus catch document(s) and, where appropriate, validated reexport document(s) that account for all the Dissostichus spp. contained in the shipment.

9. An exportvalidated Dissostichus catch document issued in respect of a vessel is one that:
(i) Includes all relevant information and signatures provided in accordance with paragraphs A1 to A11 of Annex 1005/A [170/A] to this measure; and
(ii) Includes a signed and stamped certification by a responsible official of the exporting State of the accuracy of the information contained in the document.

10. Each Contracting Party shall ensure that its customs authorities or other appropriate officials request and examine the documentation of each shipment of Dissostichus spp. imported into or exported from its territory to verify that it includes the export validated Dissostichus catch document(s) and, where appropriate, validated reexport document(s) that account for all the Dissostichus spp. contained in the shipment. These officials may also examine the content of any shipment to verify the information contained in the catch document or documents.

11. If, as a result of an examination referred to in paragraph 10 above, a question arises regarding the information contained in a Dissostichus catch document or a reexport document the exporting State whose national authority validated the document(s) and, as appropriate, the Flag State whose vessel completed the document are called on to cooperate with the importing State with a view to resolving such question.

12. Each Contracting Party shall promptly provide by the most rapid electronic means copies to the CCAMLR Secretariat of all export validated Dissostichus catch documents and, where relevant, validated reexport documents that it issued from and received into its territory and shall report annually to the Secretariat data, drawn from such documents, on the origin and amount of Dissostichus spp. exported from and imported into its territory.

13. Each Contracting Party, and any nonContracting Party that issues Dissostichus catch documents in respect of its flag vessels in accordance with paragraph 5, shall inform the CCAMLR Secretariat of the national authority or authorities (including names, addresses, phone and fax numbers and email addresses) responsible for issuing and validating Dissostichus catch documents.

14. Notwithstanding the above, any Contracting Party, or any non Contracting Party participating in the Catch Documentation Scheme, may require additional verification of catch documents by Flag States by using, inter alia, VMS, in respect of catches 1 taken on the high seas outside the Convention Area, when landed at, imported into or exported from its territory.

15. If a Contracting Party participating in the CDS has cause to sell or dispose of seized or confiscated Dissostichus spp., it may issue a Specially Validated Dissostichus Catch Document (SVDCD) specifying the reasons for that validation. The SVDCD shall include a statement describing the circumstances under which confiscated fish are moving in trade. To the extent practicable, Parties shall ensure that no financial benefit arising from the sale of seized or confiscated catch accrue to the perpetrators of IUU fishing. If a Contracting Party issues a SVDCD, it shall immediately report all such validations to the Secretariat for conveying to all Parties and, as appropriate, recording in trade statistics.

16. A Contracting Party may transfer all or part of the proceeds from the sale of seized or confiscated Dissostichus spp. into the CDS Fund created by the Commission or into a national fund which promotes achievement of the objectives of the Convention. A Contracting Party may, consistent with its domestic legislation, decline to provide a market for toothfish offered for sale with a SVDCD by another State. Provisions concerning the uses of the CDS Fund are found in Annex B. 1 Excluding bycatches 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 1005/A [170/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 fourdigit number, consisting of the twodigit International Standards Organization (ISO) country code plus the last two digits of the year for which the form is issued; and
(ii) A threedigit sequence number (beginning with 001) to denote the order in which catch document forms are issued.

It shall also enter on each Dissostichus catch document form the number as appropriate of the licence or permit issued to the vessel.

A2. The master of a vessel which has been issued a Dissostichus catch document form or forms shall adhere to the following procedures prior to each landing or transhipment of Dissostichus spp.: (i) The master shall ensure that the information specified in paragraph 6 of
[[Page 77879]]
this conservation measure is accurately recorded on the Dissostichus catch document form;
(ii) If a landing or transhipment includes catch of both Dissostichus spp., the master shall record on the Dissostichus catch document form the total amount of the catch landed or transhipped by weight of each species;
(iii) If a landing or transhipment includes catch of Dissostichus spp. taken from different statistical subareas and/or divisions, the master shall record on the Dissostichus catch document form the amount of the catch by weight of each species taken from each statistical subarea and/or division and indicating whether the catch was caught in an EEZ or on the high seas, as appropriate; and
(iv) The master shall convey to the Flag State of the vessel by the most rapid electronic means available, the Dissostichus catch document number, the dates within which the catch was taken, the species, processing type or types, the estimated weight to be landed and the area or areas of the catch, the date of landing or transhipment and the port and country of landing or vessel of transhipment and shall request from the Flag State, a Flag State confirmation number.

A3. If, for catches 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 paragraphs 5 and 6 of Conservation Measure 1004 [148/XX]), 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 by obtaining the signature on the Dissostichus catch document of the master of the vessel to which the catch is 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 at the port of landing or free trade zone; (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; and
(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 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 at the port of landing or free trade zone;
(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 zone; and (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; and (iv) The exporter shall obtain a signed and stamped validation of the Dissostichus catch document by a responsible official of the exporting State.

A12. In the case of reexport, the reexporter shall adhere to the following procedures to obtain the necessary reexport validation of the Dissostichus catch document(s) that account for all the Dissostichus spp. contained in the shipment:
(i) The reexporter shall supply details of the net weight of product of all species to be reexported, together with the Dissostichus catch document number to which each species and product relates;
(ii) The reexporter shall supply the name and address of the importer of the shipment, the point of import and the name and address of the exporter;
[[Page 77880]]
(iii) The reexporter shall obtain a signed and stamped validation of the above details by the responsible official of the exporting State on the accuracy of information contained in the document(s); and (iv) The responsible official of the exporting state shall immediately transmit by the most rapid electronic means a copy of the reexport document to the Secretariat to be made available next working day to all Contracting Parties.

The standard form for reexport is available on the CCAMLR Web site, http://www.CCAMLR.org, or contact the Office of Sustainable Fisheries at the National Marine Fisheries Service (phone Dean Swanson at 3017132276).
\1\ Excluding bycatches of Dissostichus spp. by trawlers fishing on the high seas outside the Convention Area. A bycatch 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 1005/B [170/B]

The Use of the CDS Fund

B1. The purpose of the CDS Fund (`the Fund') is to enhance the capacity of the Commission in improving the effectiveness of the CDS and by this, and other means, to prevent, deter and eliminate IUU fishing in the Convention Area.

B2. The Fund will be operated according to the following provisions:
(i) The Fund shall be used for special projects, or special needs of the Secretariat if the Commission so decides, aimed at assisting the development and improving the effectiveness of the CDS. The Fund may also be used for special projects and other activities contributing to the prevention, deterrence and elimination of IUU fishing in the Convention Area, and for other such purposes as the Commission may decide.
(ii) The Fund shall be used primarily for projects conducted by the Secretariat, although the participation of Members in these projects is not precluded. While individual Member projects may be considered, this shall not replace the normal responsibilities of Members of the Commission. The Fund shall not be used for routine Secretariat activities.
(iii) Proposals for special projects may be made by Members, by the Commission or the Scientific Committee and their subsidiary bodies, or by the Secretariat. Proposals shall be made to the Commission in writing and be accompanied by an explanation of the proposal and an itemised statement of estimated expenditure.
(iv) The Commission will, at each annual meeting, designate six Members to serve on a Review Panel to review proposals made intersessionally and to make recommendations to the Commission on whether to fund special projects or special needs. The Review Panel will operate by email 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 nonContracting 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 1006 (2002) [S01/XXI]
Scheme To Promote Compliance by Contracting Party Vessels With CCAMLR Conservation Measures

The Commission,

Convinced that illegal, unregulated and unreported (IUU) fishing compromises the primary objectives of the Convention,

Aware that a significant number of vessels registered to Parties and nonParties are engaged in fishing operations in the Convention Area in a manner which diminishes the effectiveness of CCAMLR conservation measures,

Recalling that Parties are required to cooperate in taking appropriate action to deter any fishing activities which are not consistent with the objective of the Convention,

Resolved to reinforce its integrated administrative and political measures aimed at eliminating IUU fishing in the Convention Area, hereby adopts the following conservation measure in accordance with Article IX.2(i) of the Convention:

1. At each annual meeting, the Commission will identify those Contracting Parties whose vessels have engaged in fishing activities in the Convention Area in a manner which has diminished the effectiveness of CCAMLR conservation measures in force, and shall establish a list of such vessels (IUU Vessel List), in accordance with the procedures and criteria set out hereafter.

2. This identification shall be documented, inter alia, on reports relating to the application of Conservation Measure 1003 [147/XXI], trade information obtained on the basis of the implementation of Conservation Measure 1005 [170/XXI] and relevant trade statistics such as FAO and other national or international verifiable statistics, as well as any other information obtained from Port States and/or gathered from the fishing grounds which is suitably documented.

3. 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:
(a) 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; and
(b) Their vessels are repeatedly included in the CCAMLR List of [[Page 77881]]
Contracting Party vessels identified as carrying out IUU fishing activities in accordance with the criteria and procedures established in this conservation measure.

4. In order to establish the IUU Vessel List, evidence, gathered in accordance with paragraph 2, shall be required that fishing vessels flying the flag of the Contracting Party concerned have:
(a) Engaged in fishing activities in the CCAMLR Convention Area without a licence issued in accordance with Conservation Measure 1002 [119/XX], or in violation of the conditions under which such licence would have been issued in relation to authorised areas, species and time periods; or
(b) Did not record or did not declare their catches made in the CCAMLR Convention Area in accordance with the reporting system applicable to the fisheries they engaged in, or made false declarations; or
(c) Fished during closed fishing periods or in closed areas in contravention of CCAMLR conservation measures; or
(d) Used prohibited gear in contravention of applicable CCAMLR conservation measures; or
(e) Transhipped or participated in joint fishing operations with other vessels identified by CCAMLR as carrying out IUU fishing activities (i.e. on the IUU Vessel List or in Conservation Measure 10 07 [118/XXI]); or
(f) 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
(g) 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.

5. The Executive Secretary shall, before 30 April of each year, draw up a draft list of Contracting Party vessels that, on the basis of the information gathered in accordance with paragraph 2, the criteria defined in paragraph 4, and any other information that the Secretariat might have obtained in relation thereto, might be presumed to have carried out IUU fishing activities in the CCAMLR Convention area during the previous season. The List shall be distributed immediately to the Contracting Parties concerned.

6. Contracting Parties whose vessels are included in the draft list established by the Secretariat will transmit before 30 June to CCAMLR, their comments, as appropriate, including verifiable VMS data and other supporting information showing that the vessels listed have neither engaged in fishing activities in contravention of CCAMLR conservation and management measures nor had the possibility of being engaged in fishing activities in the Convention Area.

7. On the basis of the information received pursuant to paragraph 6, the Executive Secretary shall distribute the draft list and all comments received as a Provisional IUU Vessel List, which shall be transmitted before 31 July to all Contracting Parties together with all the comments and supporting information provided.

8. Contracting Parties may at any time submit to the Executive Secretary any additional information, which might be relevant for the establishment of the IUU Vessel List. The Executive Secretary shall circulate the information at the latest 30 days before the annual meeting to all Contracting Parties together with all the evidence provided.

9. The Standing Committee on Inspection and Compliance (SCIC) shall examine, each year, the Provisional IUU Vessel List as well as the comments and information received, and any further information provided during its annual deliberations which may be considered relevant to this review.

10. SCIC shall recommend that the Commission should remove vessels from the Provisional IUU Vessel List if the Contracting Party proves that:
(a) The vessel did not take part in IUU fishing activities described in paragraph 1; or
(b) It has taken effective action in response to the IUU fishing activities in question, including prosecution and imposition of sanctions of adequate severity; or
(c) The vessel has changed ownership and that the new owner can establish the previous owner no longer has any legal, financial, or real interests in the vessel, or exercises control over it and that the new owner has not participated in IUU fishing; or
(d) The Contracting Party has taken measures considered sufficient to ensure the granting of the right to the vessel to fly its flag will not result in IUU fishing.

11. Following the examination referred to in paragraph 9, SCIC shall submit to the Commission for approval, a proposed IUU Vessel List.

12. On approval of the IUU Vessel List, the Commission shall request Contracting Parties whose vessels appear thereon to take all necessary measures to address these IUU fishing activities, including if necessary, the withdrawal of the registration or of the fishing licences of these vessels, the nullification of the relevant catch documents and denial of further access to the CDS, and to inform the Commission of the measures taken in this respect.

13. The Executive Secretary, SCIC and the Commission shall undertake the procedures established in paragraphs 5 to 12 each year in respect of adding or removing vessels from the IUU Vessel List.

14. Contacting Parties shall take all necessary measures, to the extent possible in accordance with their applicable legislation, in order that:
(a) The issuance of a licence to vessels appearing in the IUU Vessel List to fish in the Convention Area is prohibited;
(b) The issuance of a licence to vessels included in the IUU Vessel List to fish in waters under their fisheries jurisdiction is prohibited;
(c) Fishing vessels, support vessels, motherships and cargo vessels flying their flag do not participate in any transhipment or joint fishing operations with vessels registered on the IUU Vessel List;
(d) Vessels appearing in the IUU Vessel List that enter ports voluntarily are not authorised to land or tranship therein and are inspected in accordance with Conservation Measure 1003 [147/XXI] on so entering;
(e) The chartering of vessels included in the IUU Vessel List is prohibited;
(f) Granting of their flag to vessels appearing in the IUU Vessel List is refused;
(g) Imports of Dissostichus spp. from vessels included in the IUU Vessel List are prohibited;
(h) ``Export or Reexport Government Authority Validation'' is not verified when the shipment (of Dissostichus spp.) is declared to have been caught by any vessel included in the IUU Vessel List;
(i) Importers, transporters and other sectors concerned, are encouraged to refrain from negotiating and from transhipping of fish caught by vessels appearing in the IUU Vessel List; and
(j) Any appropriate information which is suitably documented is collected and exchanged with other Contracting Parties or cooperating nonContracting Parties, entities or fishing entities with the aim of detecting, controlling and preventing the use of false import/export certificates regarding fish from vessels appearing in the IUU Vessel List.

15. The Executive Secretary shall place the IUU Vessel List approved by
[[Page 77882]]

the Commission on a secure section of the CCAMLR website.

16. Without prejudice to the rights of Flag States and Coastal States to take proper action consistent with international law, Contracting Parties should not take any trade measures or other sanctions which are inconsistent with their international obligations against vessels using as the basis for the action the fact that the vessel or vessels have been included in the draft list drawn up by the Secretariat, pursuant to paragraph 5.

17. The Chair of the Commission shall request the Contracting Parties identified pursuant to paragraph 1 to take all necessary measures to avoid diminishing the effectiveness of the CCAMLR conservation measures resulting from their vessels' activities, and to advise the Commission of actions taken in that regard.

18. The Commission shall review, at subsequent annual meetings, as appropriate, action taken by those Contracting Parties to which requests have been made pursuant to paragraph 17, and identify those which have not rectified their fishing activities.

19. 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 traderelated measures, consistent with the World Trade Organization (WTO), that may be necessary to prevent, deter and eliminate the IUU fishing activities identified by the Commission. Multilateral traderelated measures may be used to support cooperative efforts to ensure that trade in Dissostichus spp. and its products does not in any way encourage IUU fishing or otherwise undermine the effectiveness of CCAMLR's conservation measures which are consistent with the United Nations Convention on the Law of the Sea 1982.
Conservation Measure 1007 (2002) [118/XXI]
Scheme To Promote Compliance by NonContracting Party Vessels With CCAMLR Conservation Measures

1. The Contracting Parties request nonContracting Parties to cooperate fully with the Commission with a view to ensuring that the effectiveness of CCAMLR conservation measures is not undermined.

2. At each annual meeting the Commission shall identify those non Contracting Parties whose vessels are engaged in illegal, unregulated and unreported (IUU) fishing activities in the Convention Area that threaten to undermine the effectiveness of CCAMLR conservation measures, and shall establish a list of such vessels (IUU Vessel List), in accordance with the procedures and criteria set out hereafter.

3. A nonContracting 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 1003 [147/XXI] is presumed to be undermining the effectiveness of CCAMLR conservation measures. In the case of any transhipment activities involving a sighted nonContracting Party vessel inside or outside the Convention Area, the presumption of undermining the effectiveness of CCAMLR conservation measures applies to any other non Contracting Party vessel which has engaged in such activities with that vessel.

4. When the nonContracting Party vessel referred to in paragraph 2 enters a port of any Contracting Party, it shall be inspected by authorised Contracting Party officials in accordance with Conservation Measure 1003 [147/XXI] and shall not be allowed to land or tranship any fish species subject to CCAMLR conservation measures it might be holding on board unless the vessel establishes that the fish were caught in compliance with all relevant CCAMLR conservation measures and requirements under the Convention.

5. The Contracting Party which sights the nonContracting Party vessel or denies it port access, landing or transhipment under paragraph 2 shall attempt to inform the vessel it is presumed to be undermining the objective of the Convention and that this information will be distributed to all Contracting Parties and to the Secretariat, and to the Flag State of the vessel.

6. Information regarding such sightings or denial of port access, landings or transhipments, and the results of all inspections conducted in the ports of Contracting Parties, and any subsequent action shall be transmitted immediately to the Commission in accordance with Article XXII of the Convention. The Secretariat shall transmit this information to all Contracting Parties, within one business day of receiving this information, and to the Flag State of the sighted vessel as soon as possible. At this time, the Secretariat shall, in consultation with the Chair of the Commission, request the Flag State concerned that, where appropriate, measures be taken in accordance with its applicable laws and regulations to ensure that the vessel or vessels in question desist from any activities that undermine the effectiveness of CCAMLR conservation measures, and that the Flag State report back to CCAMLR on the results of such enquiries and/or on the measures it has taken in respect of the vessel or vessels concerned.

7. Contracting Parties may at any time submit to the Executive Secretary any additional information, which might be relevant for the identification of nonContracting Party vessels that might be carrying out IUU fishing activities in the Convention Area.

8. The Standing Committee on Inspection and Compliance (SCIC) shall review the information received pursuant to paragraphs 3, 4 and 5, and any other information provided during its annual deliberations which may be considered relevant to this review.

9. Following the review referred to in paragraph 6, SCIC shall submit to the Commission for approval, a proposed IUU Vessel List.

10. The Executive Secretary, SCIC and the Commission shall undertake each year the procedures set out in this conservation measure in respect of adding or removing vessels from the IUU Vessel List. In this regard, SCIC shall recommend that the Commission removes vessels from the list approved in a previous annual meeting if the relevant Flag State satisfies the Commission that:
(a) The vessel did not take part in IUU fishing activities described in paragraph 1; or
(b) It has taken effective action in response to the IUU fishing activities in question, including prosecution and imposition of sanctions of adequate severity; or
(c) The vessel has changed ownership and that the new owner can establish the previous owner no longer has any legal, financial, or real interests in the vessel, or exercises control over it and that the new owner has not participated in IUU fishing; or
(d) The Flag State has taken measures considered sufficient to ensure the granting of the right to the vessel to fly its flag will not result in IUU fishing.

11. Contracting Parties shall take all necessary measures, to the extent possible in accordance with their applicable legislation, in order that:
(a) The issuance of a licence to vessels included in the IUU Vessel List to fish in waters under their fisheries jurisdiction is prohibited;
(b) Fishing vessels, support vessels, motherships and cargo vessels flying their flag do not participate in any
[[Page 77883]]
transhipment or joint fishing operations with vessels registered in the IUU Vessel List;
(c) Vessels appearing in the IUU Vessel List that enter ports are not authorised to land or tranship therein and are inspected in accordance with Conservation Measure 1003 [147/XXI] on so entering; (d) The chartering of vessels included in the IUU Vessel List is prohibited;
(e) Granting of their flag to vessels appearing in the IUU Vessel List is refused;
(f) Imports of Dissostichus spp. from vessels included in the IUU Vessel List are prohibited;
(g) ``Export or Reexport Government Authority Validation'' is not verified when the shipment (of Dissostichus spp.) is declared to have been caught by any vessel included in the IUU Vessel List;
(h) Importers, transporters and other sectors concerned, are encouraged to refrain from negotiating and from transhipping of fish caught by vessels appearing in the IUU Vessel List; and
(i) Any appropriate information is collected and exchanged with other Contracting Parties or cooperating nonContracting Parties, entities or fishing entities with the aim of detecting, controlling and preventing the use of false import/export certificates regarding fish from vessels appearing in the IUU Vessel List.

12. The Executive Secretary shall place the IUU Vessel List on a secure section of the CCAMLR website.

13. The Commission shall request those nonContracting Parties identified pursuant to paragraph 1, to immediately take steps to address the IUU fishing activities of the vessels flying their flag that have been included in the IUU Vessel List, including if necessary, the withdrawal of the registration or of the fishing licences of these vessels, the nullification of the relevant catch documents and denial of further access to the Catch Documentation Scheme for Dissostichus spp. (CDS), and to inform the Commission of the measures taken in this respect.

14. Contracting Parties shall jointly and/or individually request nonContracting Parties identified pursuant to paragraph 1, to cooperate fully with the Commission in order to avoid undermining the effectiveness of conservation measures adopted by the Commission.

15. The Commission shall review, at subsequent annual meetings as appropriate, actions taken by those nonContracting Parties identified pursuant to paragraph 1 to which requests have been made pursuant to paragraphs 13 and 14, and identify those which have not rectified their fishing activities.

16. The Commission shall decide appropriate measures to be taken in respect to Dissostichus spp. so as to address these issues with those identified nonContracting Parties. In this respect, nonContracting Parties may cooperate to adopt appropriate multilaterally agreed trade related measures, consistent with the World Trade Organization (WTO), that may be necessary to prevent, deter and eliminate the IUU fishing activities identified by the Commission. Multilateral traderelated measures may be used to support cooperative efforts to ensure that trade in Dissostichus spp. and its products does not in any way encourage IUU fishing or otherwise undermine the effectiveness of CCAMLR's conservation measures which are consistent with the United Nations Convention on the Law of the Sea 1982.
Conservation Measure 2101 (2002) \1, 2\ [31/XXI]
Notification That Members Are Considering Initiating a New Fishery

The Commission,

Recognising that in the past, Antarctic fisheries have been initiated in the Convention Area before sufficient information was available upon which to base management advice,

Noting that in recent years new fisheries have started without adequate information being available to evaluate either the fishery potential or the possible impacts on the target stocks or species dependent on them,

Believing that without prior notification of a new fishery, the Commission is unable to fulfil its function under Article IX, hereby adopts the following conservation measure in accordance with Article IX of the Convention:

1. A new fishery, for the purposes of this conservation measure, is a fishery on a species using a particular fishing method in a statistical subarea for which:
(i) Information on distribution, abundance, demography, potential yield and stock identity from comprehensive research/surveys or exploratory fishing have not been submitted to CCAMLR; or
(ii) Catch and effort data have never been submitted to CCAMLR; or (iii) Catch and effort data from the two most recent seasons in which fishing occurred have not been submitted to CCAMLR.

2. A Member intending to develop a new fishery shall notify the Commission not less than three months in advance of the next regular meeting of the Commission, where the matter shall be considered. The Member shall not initiate a new fishery pending the process specified in paragraphs 5 and 6 below.

3. The notification shall be accompanied by as much of the following information as the Member is able to provide:
(i) The nature of the proposed fishery including target species, methods of fishing, proposed region and any minimum level of catches that would be required to develop a viable fishery;
(ii) Biological information from comprehensive research/survey cruises, such as distribution, abundance, demographic data and information on stock identity;
(iii) Details of dependent and associated species and the likelihood of them being affected by the proposed fishery; and (iv) Information from other fisheries in the region or similar fisheries elsewhere that may assist in the valuation of potential yield.

4. New fisheries shall be open only to those vessels that are equipped and configured so that they can comply with all relevant conservation measures. A vessel with a confirmed involvement in illegal, unregulated or unreported fishing in respect of Conservation Measures 1006 and 1007 [S01/XXI and 118/XXI] shall not be permitted to participate in new fisheries.

5. The information provided in accordance with paragraph 3, together with any other relevant information, shall be considered by the Scientific Committee, which shall then advise the Commission.

6. After its review of the information on the proposed new fishery, taking full account of the recommendations and the advice of the Scientific Committee, the Commission may then take such action as it deems necessary.
\1\ Except for waters adjacent to the Kerguelen and Crozet Islands.
\2\ Except for waters adjacent to the Prince Edward Islands. Conservation Measure 2102 (2002) \1, 2\ [65/XXI]
Exploratory Fisheries

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, and

Agreeing that exploratory fishing should not be allowed to expand faster than the acquisition of information
[[Page 77884]]
necessary to ensure that the fishery can and will be conducted in accordance with the principles set forth in Article II,
hereby adopts the following conservation measure in accordance with Article IX of the Convention:

1. For the purposes of this conservation measure, exploratory fisheries are defined as follows:
(i) An exploratory fishery shall be defined as a fishery that was previously classified as a ``new fishery'', as defined by Conservation Measure 2101 [31/XXI];
(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; and
(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:
(i) The Scientific Committee shall develop (and update annually as appropriate) a Data Collection Plan, which will identify the data needed and describe the actions necessary to obtain the relevant data from the exploratory fishery;
(ii) Each Member active in the fishery shall annually (by the specified date) submit to CCAMLR the data specified by the Data Collection Plan developed by the Scientific Committee;
(iii) Each Member active in the fishery or intending to authorise a vessel to enter the fishery shall annually prepare and submit to CCAMLR by a specified date a Research and Fishery Operations Plan for review by the Scientific Committee and the Commission;
(iv) Prior to any Member authorising its vessels to enter an exploratory fishery that is already in progress, that Member shall notify the Commission not less than three months in advance of the next regular meeting of the Commission, and the Member shall not enter the exploratory fishery until the conclusion of that meeting;
(v) If the data specified in the Data Collection Plan have not been submitted to CCAMLR for the most recent season in which fishing occurred, continued exploratory fishing by the Member which failed to report its data shall be prohibited until the relevant data have been submitted to CCAMLR and the Scientific Committee has been allowed an opportunity to review the data;
(vi) Fishing capacity and effort shall be limited by 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 make the evaluations outlined in paragraph 1(ii); (vii) The name, type, size, registration number, and radio call sign of each vessel participating in the exploratory fishery shall be registered with the CCAMLR Secretariat at least three months in advance of starting fishing each season; and
(viii) Each vessel participating in the exploratory fishery shall carry a scientific observer to ensure that data are collected in accordance with the agreed Data Collection Plan, and to assist in collecting biological and other relevant data.

3. The Data Collection Plan to be formulated and updated by the Scientific Committee 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; and
(iii) An evaluation of the timescales involved in determining the responses of harvested, dependent and related populations to fishing activities.

4. Research and Fisheries Operations Plans to be prepared by Members participating or intending to participate in the exploratory fishery shall include as much of the following information as the Member is able to provide:
(i) A description of how the Member's activities will comply with the Data Collection Plan developed by the Scientific Committee; (ii) The nature of the exploratory fishery, including target species, methods of fishing, proposed region and maximum catch levels proposed for the forthcoming season;
(iii) Biological information from comprehensive research/survey cruises, such as distribution, abundance, demographic data, and information on stock identity;
(iv) Details of dependent and related species and the likelihood of them being affected by the proposed fishery; and
(v) Information from other fisheries in the region or similar fisheries elsewhere that may assist in the evaluation of potential yield.

5. Exploratory fisheries shall be open only to those vessels that are equipped and configured so that they can comply with all relevant conservation measures. A vessel with a confirmed involvement in illegal, unregulated or unreported fishing in respect of Conservation Measures 1006 and 1007 [S01/XXI and 118/XXI] shall not be permitted to participate in exploratory fisheries.
\1\ Except for waters adjacent to the Kerguelen and Crozet Islands.
\2\ Except for waters adjacent to the Prince Edward Islands. Conservation Measure 2306 (2002) [F21/XXI]

Data Reporting System for Krill Fisheries

1. This conservation measure is invoked by the conservation measures to which it is attached.

2. Catches shall be reported to the Commission on a monthly basis.

3. At the end of each fishing season each Contracting Party shall obtain from each of its vessels the data required to complete the CCAMLR finescale catch and effort data form (trawl fisheries Form C1). It shall aggregate these data by 10 x 10 n mile rectangle and 10day period, and transmit those data in the specified format to the Executive Secretary not later than 1 April of the following year.

4. For the purposes of the finescale data the calendar month shall be divided into three 10day reporting periods, viz: day 1 to day 10, day 11 day 20, day 21 to the last day of the month. These 10day reporting periods are hereinafter referred to as periods A, B and C. Conservation Measure 2401 (2002) \1, 2\ [64/XXI]
The Application of Conservation Measures to Scientific Research

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, and shall be reported to CCAMLR as part of the annual STATLANT returns. [[Page 77885]]
(b) The CCAMLR withinseason catch and effort reporting systems shall apply whenever the catch within a specified reporting period exceeds five tonnes, unless more specific regulations apply to the particular species.

2. Application to vessels taking less than 50 tonnes of finfish including no more than the amounts specified for finfish taxa in Annex 2401/B [64/B] and less than 0.1% of a given catch limit for non finfish taxa indicated in Annex 2401/B [64/B]:
(a) Any Member planning to use a vessel for research purposes when the estimated catch is as above shall notify the Secretariat of the Commission which in turn will notify all Members immediately. This notification shall be included in the Members' Activities Reports. (b) Vessels to which the provisions of paragraph 2(a) above apply, shall be exempt from conservation measures relating to mesh size regulations, prohibition of types of gear, closed areas, fishing seasons and size limits, and reporting system requirements other than those specified in paragraphs 1(a) and (b) above.

3. Application to vessels taking more than 50 tonnes of finfish or more than the amounts specified for finfish taxa in Annex 2401/B [64/ B] or more than 0.1% of a given catch limit for nonfinfish taxa indicated in Annex 2401/B [64/B]:
(a) Any Member planning to use any type of vessel to conduct fishing for research purposes when the estimated catch is as above, shall notify the Commission and provide the opportunity for other Members to review and comment on its research plan. The plan shall be provided to the Secretariat for distribution to Members at least six months

FOR FURTHER INFORMATION CONTACT

Roberta L. Chew, Office of Oceans Affairs (OES/OA), Room 5805, Department of State, Washington, DC 20520; tel: 2026473947; fax: 2026479099; email: chewrl@state.gov.

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