Commonwealth Numbered Regulations

1997 No. 6 ANTARCTIC MARINE LIVING RESOURCES CONSERVATION REGULATIONS (AMENDMENT) - REG 2

.1 After Conservation Measure 19/IX, insert:

"CONSERVATION MEASURE 29/XV(1), (2) Minimisation of the Incidental Mortality
of Seabirds in the Course of Longline Fishing or Longline Fishing Research in
the Convention Area The Commission, Noting the need to reduce the incidental
mortality of seabirds during longline fishing by minimising their attraction
to fishing vessels and by preventing them from attempting to seize baited
hooks, particularly during the period when the lines are set, Adopts the
following measures to reduce the possibility of incidental mortality of
seabirds during longline fishing. 1. Fishing operations shall be conducted in
such a way that the baited hooks sink as soon as possible after they are put
in the water (3). Only thawed bait shall be used. 2. Longlines shall be set at
night only (i.e. during the hours of darkness between the times of nautical
twilight (4))(5). During longline fishing at night, only the minimum ship's
lights necessary for safety shall be used. 3. The dumping of offal shall be
avoided as far as possible while longlines are being set or hauled; if
discharge of offal is unavoidable, this discharge shall take place on the
opposite side of the vessel to that where longlines are set or hauled. 4.
Every effort should be made to ensure that birds captured alive during
longlining are released alive and that wherever possible hooks are removed
without jeopardising the life of the bird concerned. 5. A streamer line
designed to discourage birds from settling on baits during deployment of
longlines shall be towed. Specification of the streamer line and its method of
deployment is given in the Appendix to this Measure. Details of the
construction relating to the number and placement of swivels may be varied so
long as the effective sea surface covered by the streamers is no less than
that covered by the currently specified design. Details of the device dragged
in the water in order to create tension in the line may also be varied. 6.
Other variations in the design of streamer lines may be tested on vessels
carrying two observers, at least one appointed in accordance with the CCAMLR
Scheme of International Scientific Observation, providing that all other
elements of this Conservation Measure are complied with (6). 1. Except for
waters adjacent to the Kerguelen and Crozet Islands. 2. Except for waters
adjacent to the Prince Edward Islands. 3. For vessels using the Spanish method
of longline fishing, weights should be released before line tension occurs;
wherever possible weights of at least 6 kg mass should be used, spaced at 20 m
intervals. 4. The exact times of nautical twilight are set forth in the
Nautical Almanac tables for the relevant latitude, local time and date. All
times whether for ship operations or observer reporting shall be referenced to
GMT. 5. Wherever possible, setting of lines should be completed at least three
hours before sunrise (to reduce loss of bait to/catches of white-chinned
petrels). 6. The streamer lines under test should be constructed and operated
taking full account of the principles set out in WGŠIMALFŠ94/19 (available
from the CCAMLR Secretariat); testing should be carried out independently of
actual commercial fishing and in a manner consistent with the spirit of
Conservation Measure 65/XII.
APPENDIX TO CONSERVATION MEASURE 29/XV 1. The streamer line is to be suspended
at the stern from a point approximately 4.5 m above the water and such that
the line is directly above the point where the baits hit the water. 2. The
streamer line is to be approximately 3 mm diameter, have a minimum length of
150 m and have a device at the end to create tension so that the main line
streams directly behind the ship even in cross winds. 3. At 5 m intervals
commencing from the point of attachment to the ship five branch streamers each
comprising two strands of approximately 3 mm diameter cord should be attached.
The length of the streamer should range between approximately 3.5 m nearest
the ship to approximately 1.25 m for the fifth streamer. When the streamer
line is deployed the branch streamers should reach the sea surface and
periodically dip into it as the ship heaves. Swivels should be placed in the
streamer line at the towing point, before and after the point of attachment of
each branch streamer and immediately before any weight placed on the end of
the streamer line. Each branch streamer should also have a swivel at its
attachment to the streamer line.
DIAGRAM OMITTED
(See printed copy)

2.2 Conservation Measure 29/XII and Appendix to Conservation Measure 29/XII:
Omit. 2.3 Conservation Measure 63/XII: Omit the Conservation Measure,
substitute:

"CONSERVATION MEASURE 63/XV Regulation of the Use and Disposal of Plastic
Packaging Bands on Fishing Vessels The Commission, Recollecting that for many
years it has received evidence from the Scientific Committee that substantial
numbers of Antarctic fur seals have been entangled and killed in plastic
packaging bands in the Convention Area, Noting that, despite the
recommendations of CCAMLR and the provisions of the MARPOL Convention and its
Annexes which prohibit the jettisoning of all plastics at sea, substantial
entanglement of fur seals is still continuing, Recognising that the bait boxes
used on fishing vessels in particular and other packages in general need not
be secured by plastic packaging bands because suitable alternatives exist,
Agrees to adopt the following Conservation Measure, to reduce the incidental
mortality of Antarctic fur seals due to entanglement, in accordance with
Article IX of the Convention. 1. The use on fishing vessels of plastic
packaging bands to secure bait boxes shall be prohibited. 2. The use of other
plastic packaging bands for other purposes on fishing vessels which do not use
on-board incinerators (closed systems) shall be prohibited. 3. Any packaging
bands, once removed from packages, shall be cut, so that they do not form a
continuous loop and at the earliest opportunity burned in the on-board
incinerator. 4. Any plastic residue shall be stored on board the vessel until
reaching port and in no case discarded at sea.

2.4 After Conservation Measure 64/XII, insert:

"CONSERVATION MEASURE 106/XV Precautionary Catch Limitation on Euphausia
superba in Statistical Division 58.4.1 The total catch of Euphausia superba in
Statistical Division 58.4.1 shall be limited to 775 000 tonnes in any fishing
season. A fishing season begins on 1 July and finishes on 30 June the
following year. This limit shall be kept under review by the Commission,
taking into account the advice of the Scientific Committee. For the purposes
of implementing this Conservation Measure, the catches shall be reported to
the Commission on a monthly basis.



"CONSERVATION MEASURE 109/XV Limits on the fishery for Dissostichus
eleginoides in Statistical Division 58.5.2 for the 1996/97 Season 1. The total
catch of Dissostichus eleginoides in Statistical Division 58.5.2 in the
1996/97 season shall not exceed 3 800 tonnes. 2. For the purposes of this
fishery, the 1996/97 season is defined as the period from 2 November 1996 to
31 August 1997, or until the TAC is reached, whichever is the sooner.
[NOTE: The initials 'TAC' stand for Total Allowable Catch.] 3. The TAC may
only be taken by trawling. 4. Each vessel participating in the Dissostichus
eleginoides fishery in Statistical Division 58.5.2 in the 1996/97 season shall
have at least one scientific observer, and may include one appointed in
accordance with the CCAMLR Scheme of International Scientific Observation, on
board throughout all fishing activities within the fishing period. 5. For the
purpose of implementing this Conservation Measure:

        (i)    the Ten-day Catch and Effort Reporting System set out in
               Conservation Measure 61/XII; and

        (ii)   the Monthly Fine-scale Effort and Biological Data Reporting
               System set out in Conservation Measure 117/XV,
shall apply in the 1996/97 fishing season.
[NOTE: Conservation Measures 61/XII and 117/XV relate to a Contracting Party's
obligation to provide a report in relation to catch and by-catch.] 6. If, in
the course of a directed fishery for Dissostichus eleginoides, the by-catch in
any one haul of any of the species Lepidonotothen squamifrons, Notothenia
rossii, Channichthys rhinoceratus or Bathyraja spp. exceeds 5% of the total
catch by weight, the fishing vessel shall move to another fishing location at
least 5 n miles distant1. The fishing vessel shall not return to the location
where the by-catch exceeded 5% for a period of at least five days2. 7. Catches
of other species not specified above, shall not exceed 50 tonnes, as set out
in Conservation Measure 111/XIV. 8. The total number and weight of
Dissostichus eleginoides discarded, including those with the 'jellymeat'
condition, shall be reported. These fish will count towards the total
allowable catch. 1. This provision is adopted pending the adoption of a more
appropriate definition of a fishing location by the Commission. 2. The
specified period is adopted in accordance with the reporting period specified
in Conservation Measure 51/XII, pending the adoption of a more appropriate
period by the Commission. __________

"CONSERVATION MEASURE 110/XV Precautionary Catch Limits on Champsocephalus
gunnari in Statistical Division 58.5.2 1. In accordance with the management
advice of the 1994 meeting of the Scientific Committee a precautionary TAC of
311 tonnes in the 1996/97 season shall be set for Champsocephalus gunnari in
Division 58.5.2.
[NOTE: The initials 'TAC' stand for Total Allowable Catch.] 2. For the
purposes of this fishery on Champsocephalus gunnari, the 1996/97 season is
defined as the period from 2 November 1996 to 31 August 1997, or until the TAC
is reached, whichever is the sooner. 3. The TAC may only be taken by trawling.
4. If, in any haul, more than 10% of Champsocephalus gunnari are smaller than
28 cm total length, the fishing vessel shall move to another fishing location
at least 5 n miles distant1. The fishing vessel shall not return to the
location where catch of small Champsocephalus gunnari exceeded 10% for a
period of at least five days (2). 5. Each vessel participating in the
Champsocephalus gunnari fishery in Statistical Division 58.5.2 in the 1996/97
season shall have at least one scientific observer, and may include one
appointed in accordance with the CCAMLR Scheme of International Scientific
Observation, on board throughout all fishing activities within the fishing
period. 6. For the purpose of implementing this Conservation Measure:

        (i)    the Ten-day Catch and Effort Reporting System set out in
               Conservation Measure 61/XII; and

        (ii)   the Monthly Fine-scale Effort and Biological Data Reporting
               System set out in Conservation Measure 117/XV;
shall apply in the 1996/97 fishing season.
[NOTE: Conservation Measures 61/XII and 117/XV relate to a Contracting Party's
obligation to provide a report in relation to catch and by-catch.] 7. If, in
the course of a directed fishery for Champsocephalus gunnari, the by-catch in
any one haul of any of the species Lepidonotothen squamifrons, Notothenia
rossii, Channichthys rhinoceratus or Bathyraja spp. exceeds 5% of the total
catch by weight, the fishing vessel shall move to another fishing location at
least 5 n miles distant1. The fishing vessel shall not return to the location
where the by-catch exceeded 5%, for a period of at least five days2. 8.
Catches of other species not specified above shall not exceed 50 tonnes, as
set out in Conservation Measure 111/XIV. 9. The catch limit of Champsocephalus
gunnari shall be kept under review by the Commission, taking into account the
advice of the Scientific Committee. 1. This provision is adopted pending the
adoption of a more appropriate definition of a fishing location by the
Commission. 2. The specified period is adopted in accordance with the
reporting period specified in Conservation Measure 51/XII, pending the
adoption of a more appropriate period by the Commission. __________

"CONSERVATION MEASURE 111/XV New Fishery in Statistical Division 58.5.2 in the
1996/97 Season for Deep-water Species The Commission, Welcoming the
notification of Australia of its intention to conduct a new fishery in the
1996/97 season in Statistical Division 58.5.2 for deep-water species, not
covered by Conservation Measures 109/XV and 110/XV, Noting that no other
Member has notified the Commission of the intent to establish a new fishery
for these species in this Statistical Division, adopts the following
Conservation Measure in accordance with Conservation Measure 31/X: 1. The new
fishery by Australia for deep-water species, not covered by Conservation
Measures 109/XV and 110/XV, shall be limited to 50 tonnes for each species.
The fishery shall be conducted by trawling only. 2. For the purposes of this
new fishery, the fishing season is defined as the period from 2 November 1996
to 31 August 1997. 3. Each vessel participating in this new fishery in
Statistical Division 58.5.2 in the 1996/97 season shall have at least one
scientific observer appointed in accordance with the CCAMLR Scheme of
International Scientific Observation on board throughout all fishing
activities within the fishing period. 4. For the purpose of implementing this
Conservation Measure:

        (i)    the Ten-day Catch and Effort Reporting System, as set out in
               Conservation Measure 61/XII; and

        (ii)   the Monthly Fine-scale Effort and Biological Data Reporting
               System set out in Conservation Measure 117/XV;
shall apply in the 1996/97 fishing season.
[NOTE: Conservation Measures 61/XII and 117/XV relate to a Contracting Party's
obligation to provide a report in relation to catch and by-catch.] 5. If the
by-catch in any one haul of the species Lepidonotothen squamifrons, Notothenia
rossii, Channichthys rhinoceratus or Bathyraja spp. exceeds 5% of the total
catch by weight, the fishing vessel shall move to another fishing location at
least 5 n miles distant1. The fishing vessel shall not return to the location
where the by-catch exceeded 5%, for a period of at least five days2. 1. This
provision is adopted pending the adoption of a more appropriate definition of
a fishing location by the Commission. 2. The specified period is adopted in
accordance with the reporting period specified in Conservation Measure 51/XII,
pending the adoption of a more appropriate period by the Commission.
__________

"CONSERVATION MEASURE 112/XV General Measures for New Fisheries for
Dissostichus spp. in the Convention Area for the 1996/97 Season The
Commission, Noting the need for the distribution of fishing effort and
appropriate catch levels in fine-scale rectangles in these new fisheries,
adopts the following Conservation Measure in accordance with Conservation
Measure 31/X: 1. Fishing should take place over as large a geographical and
bathymetric range as possible to obtain the information necessary to determine
fishery potential and to avoid over-concentration of catch and effort. To this
end, fishing in any fine-scale rectangle1 shall cease when the reported catch
reaches 100 tonnes and that rectangle shall be closed to fishing for the
remainder of the season. Fishing in any fine-scale rectangle shall be
restricted to one vessel at any one time. 2. In order to give effect to
paragraph 1. above:

        (i)    the precise geographic position of the mid-point between the
               start and end of the haul/line shall be determined using
               appropriate means;

        (ii)   catch and effort information for each species by fine-scale
               rectangle shall be reported to the Executive Secretary every
               five days using the Five-Day Catch and Effort Reporting System
               set out in Conservation Measure 51/XII; and

        (iii)  the Secretariat shall notify Contracting Parties participating
               in these fisheries when the total catch for Dissostichus
               eleginoides and D. mawsoni combined in any fine-scale rectangle
               exceeds 100 tonnes. 3. Any new fishery for Dissostichus spp. in
               the 1996/97 season shall be deemed to have demonstrated
               commercial potential if catches in the Statistical Subarea or
               Divisions concerned reach 1 980 tonnes. In this event, the
               fishery shall be closed and the provisions of Conservation
               Measure 65/XII shall apply. 4. The by-catch of any species in
               the new fisheries for Dissostichus spp. other than Dissostichus
               eleginoides and D. mawsoni in the Statistical Subareas and
               Divisions concerned shall not exceed 50 tonnes. 52. Each vessel
               participating in the new fisheries for Dissostichus spp. during
               the 1996/97 season shall have on board at least one scientific
               observer, appointed in accordance with the CCAMLR Scheme of
               International Scientific Observation, throughout all fishing
               activities within the fishing season. 6. The total number and
               weight of Dissostichus eleginoides and D. mawsoni discarded,
               including those with the 'jellymeat' condition, shall be
               reported. 7. For the purpose of implementing this Conservation
               Measure the Monthly Fine-scale Effort and Biological Data
               Reporting System set out in Conservation Measure 117/XV shall
               apply in the 1996/97 season. 8. Monthly effort and biological
               data shall be reported in accordance with Conservation Measure
               40/X. By-catch species are defined as any cephalopod,
               crustacean or fish species other than Dissostichus spp. 1. A
               fine-scale rectangle is defined as an area of 0.5” latitude by
               1” longitude with respect to the northwest corner of the
               Statistical Subarea or Division. The identification of each
               rectangle is by the latitude of its northernmost boundary and
               the longitude of the boundary closest to 0”. 2. In respect of
               this provision, South Africa reserves its right to carry only
               national observers in the waters adjacent to the Prince Edward
               Islands. __________

"CONSERVATION MEASURE 113/XV New Fishery for Dissostichus eleginoides and D.
mawsoni in Statistical Division 58.4.3 in the 1996/97 Season The Commission,
Welcoming the notification of Australia and South Africa of their intention to
conduct new fisheries in Statistical Division 58.4.3 for Dissostichus
eleginoides and D. mawsoni in the 1996/97 season, adopts the following
Conservation Measure in accordance with Conservation Measure 31/X: 1. Fishing
for Dissostichus eleginoides and D. mawsoni in Statistical Division 58.4.3
shall be limited to the new fisheries by Australia and South Africa. 2.
Fishing shall cease in Statistical Division 58.4.3 if the commercial potential
is demonstrated in accordance with the definition given in Conservation
Measure 112/XV, paragraph 3. 3. For the purposes of these new fisheries, the
fishing season for longlining is defined as the period from 1 March 1997 until
31 August 1997. The fishing season for trawling commences on 2 November 1996
and ends on 31 August 1997. 4. The directed fisheries for the above species
shall be carried out in accordance with Conservation Measures 112/XV and
117/XV.
[NOTE: Conservation Measure 117/XV relates to a Contracting Party's obligation
to provide a report in relation to catch and by-catch.]