[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Notices]
[Pages 19054-19057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7313]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 032105A]
Antarctic Marine Living Resources Convention Act of 1984;
Conservation and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice.
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SUMMARY: NMFS issues this notice to notify the public that the United
States has accepted conservation and management measures pertaining to
fishing in Antarctic waters managed by the Commission for the
Conservation of Antarctic Marine Living Resources (Commission or
CCAMLR). The Commission adopted these measures at its twenty-third
meeting in Hobart, Tasmania, October 25 to November 5, 2004. 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 accepted conservation and management measures:
restrict overall catches and bycatch of certain species of fish, krill
and crab; limit participation in several exploratory fisheries;
restrict fishing in certain areas and to certain gear types; set
fishing seasons; require the use of a centralized Vessel Monitoring
System (C-VMS); and urge the Members of CCAMLR as a matter of priority
to adopt and use the electronic Dissostichus catch document. The
Commission also adopted a number of non-binding resolutions urging
action by Commission Members and Contracting Parties.
ADDRESSES: Copies of the CCAMLR conservation and management measures
may be obtained from the Assistant Administrator for Fisheries, NOAA,
National Marine Fisheries Service, 1315
[[Page 19055]]
East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Robin Tuttle, 301-713-2282.
SUPPLEMENTARY INFORMATION:
Background
Individuals interested in CCAMLR and the Convention Area should see
the U.S. Department of State's January 26,2005 Federal Register notice
(70 FR 3772) and 50 CFR part 300, subpart G - Antarctic Marine Living
Resources.
The conservation and management measures and resolutions adopted at
the twenty-third meeting of CCAMLR: restrict overall catches and
bycatch of certain species of fish, krill and crab; limit participation
in several exploratory fisheries; restrict fishing in certain areas and
to certain gear types; set fishing seasons; require the use of a C-VMS;
and urge the Members of CCAMLR as a matter of priority to adopt and use
the electronic Dissostichus catch document. The Commission also adopted
a number of non-binding resolutions urging action by Commission Members
and Contracting Parties.
The full text of the measures and resolutions were included in a
notice published in the Federal Register on January 26, 2005 (70 FR
3772) by the Department of State. Public comments were invited on the
notice, but no public comments were received. Through this action, NMFS
notifies the public that the United States has accepted the measures
adopted at CCAMLR's twenty-third meeting, and that pursuant to the
Convention and 16 U.S.C. 2434 et seq., these measures are in effect.
NMFS provides the following summary of the conservation and management
measures as a courtesy.
Compliance
The Commission adopted a conservation measure requiring additional
details on every vessel a member country licenses to fish in the
Convention Area, including: the name of the fishing vessel (any
previous names, if known); registration number; vessel's International
Maritime Organization (IMO) number, if issued; external markings and
port registry; the nature of the authorization to fish granted by the
Flag State, specifying time periods authorized for fishing; areas of
fishing; species targeted; gear used; previous flag, if any;
international radio call sign; the name and address of the vessel's
owner(s) and any beneficial owner(s), if known; name and address of
license owner, if different from vessel owner; type of vessel; where
and when built; length; three color photographs of the vessel; and
where applicable, details of the implementation of the tamper-proof
requirements on the satellite-linked vessel monitoring device.
The Commission requested, to the extent practicable, the following
additional information for vessels notified for fishing in exploratory
fisheries: name and address of operator, if different from vessel
owner; name and nationality of master and, where relevant, of fishing
master; type of fishing method or method; beam in meters; gross
registered tonnage; vessel communication types and numbers; normal crew
complement; power of main engine or engines in kilowatts; carrying
capacity in tons; number of fish holds and their capacity in cubic
meters; and any other information in respect of each licensed vessel
considered appropriate (e.g., ice classification) for the purposes of
the implementation of the conservation measure.
The requirements for the information specified in the two vessel
information measures will not enter into force until August 1, 2005. A
list of licensed vessels will be placed on the CCAMLR website at
www.ccamlr.org. NMFS proposes to require all of this information
through a future amendment to the reporting requirements on the
Antarctic Marine Living Resources harvesting permit application.
Based upon the results of a trial-run of a C-VMS conducted by the
CCAMLR Secretariat during the 2003/2004 fishing season, the Commission
revised the requirements for its vessel monitoring system (VMS) and
adopted a conservation measure to implement C-VMS. This conservation
measure requires a vessel fishing in CCAMLR managed waters to use a VMS
that automatically transmits the vessel's position at least every four
hours to a land-based fisheries monitoring center of its Flag State.
Each Contracting Party to the Convention must forward the VMS reports
and messages received to the CCAMLR Secretariat as soon as possible,
but not later than four hours after receipt for exploratory longline
fisheries or following departure from the Convention Area for all other
fisheries. The conservation measure requires the CCAMLR Secretariat to
place a list of vessels submitting VMS reports on a password-protected
section of the CCAMLR website. The list will be divided into subareas
and divisions, without indicating the exact position of vessels. The
conservation measure also requires the CCAMLR Secretariat to transmit
VMS data and reports using secure Internet protocols Secure Socket
Layer (SSL), Data Encryption Standard (DES) or verified certificates
obtained from the Secretariat. These protocols are similar to those in
use by the North Atlantic Fisheries Organization (NAFO). The United
States informed CCAMLR that although the new conservation measure only
requires C-VMS reporting in the CCAMLR Convention Area, the United
States will continue to require its flagged vessels to have on board a
VMS unit which transmits the vessel's position from port to port every
four hours. The United States will also require, as a condition of
import, that vessels of other flagging States seeking to import
toothfish into the United States have on board a VMS unit which
transmits the vessel's position from port to port every four hours.
The Commission adopted amendments to its conservation measures
delineating a process for the listing of vessels suspected of illegal,
unregulated or unreported (IUU) fishing or trading (the IUU Vessel
List). The Commission will require additional detail on any vessel
proposed by a Member for inclusion on the CCAMLR IUU Vessel List
including previous names, flags, owners, and operators and a summary of
activities that justify inclusion of the vessel on the list. All CCAMLR
members are urged to prohibit trade with the vessels on the CCAMLR IUU
Vessel List. NMFS may implement a prohibition on the importation of
toothfish harvested by vessels identified on the CCAMLR IUU Vessel List
in a future rulemaking.
Vessel Safety
The Commission adopted a resolution urging Members to promote the
safety of all those on board vessels fishing in the Convention Area by
assuring that fishing crews and scientific observers receive survival
training and are provided with appropriate and well maintained
equipment and clothing.
Exploratory Fisheries
The Commission revised its conservation measure on exploratory
fisheries to require specific and detailed information on the vessels
that are notified for participation in exploratory fisheries. A vessel
on the IUU Vessel List established by the Commission will not be
permitted to participate in exploratory fisheries.
Data Reporting
The Commission revised its conservation measure requiring that 5-
day catch and effort reports reach the CCAMLR Secretariat not later
than two working days after the end of the
[[Page 19056]]
reporting period for exploratory fisheries to apply to all other
fisheries reporting under the 5-day catch and effort system. The
conservation measure also permits Contracting Parties to authorize its
vessels to report directly to the Secretariat. The Commission noted in
a report of its meeting its agreement that monthly catches in krill
fisheries should continue to be reported using the format and deadline
specified in the monthly catch and effort reporting system.
Catch Documentation Scheme (CDS)
The Commission adopted a resolution noting the successful
completion of the electronic toothfish document trial and urging CCAMLR
Contracting and Non-Contracting Parties to adopt the electronic format
as a matter of priority. The United States indicated its intention,
through future rulemaking, to require that all imports of toothfish
into the United States be documented using the electronic format.
Incidental Mortality Associated with Fishing
The Commission endorsed the Scientific Committee's recommendations
for a protocol for testing integrated weighted longlines in new and
exploratory fisheries and revised the seabird mitigation conservation
measures to require use of the protocol. The protocol was required in
Subareas 88.1 and 88.2 during the 2003/2004 season as a part of an
experimental trial. Under the revised conservation measure, fishers
employing the protocol to test the sink rate of their longlines are now
allowed to set lines in Subareas 48.6, 88.1 and 88.2 Divisions 58.4.1,
58.4.2, 58.4.3a, 58.4.3b and 58.5.2 during daylight hours. Lines
sinking at the rate specified in the protocol lessen the time during
which bait on the lines is visible and attractive to seabirds. Fishers
not employing the protocol are restricted to night setting to minimize
seabird interaction. NMFS may propose to amend its regulations to allow
the use of the protocol for using integrated weighted longlines and to
restrict fishers choosing not to use the protocol to night settings in
future rulemaking.
The Commission confirmed that all seabird bycatch limits set in
conservation measures include both the count of dead seabirds and those
injured but released alive.
The Commission agreed with the recommendation of its Working Group
on the Incidental Mortality Associated with Fishing that ``offal'' be
defined to include discarded bait and discarded fish bycatch.
The Commission adopted a resolution inviting the Inter-American
Tropical Tuna Commission, the International Commission for the
Conservation of Atlantic Tunas, The South East Atlantic Fisheries
Organisation, the Indian Ocean Tuna Commission, the Commission for the
Conservation of Southern Bluefin Tunas, the Agreement on the
Organization of the Permanent Commission on the Exploitation and
Conservation of the Marine Resources of the South Pacific, the
Southwest Indian Ocean Fisheries Commission, the Commission for Highly
Migratory Species in the Central and Western Pacific, and the Western
Indian Ocean Tuna to implement or develop mechanisms to require the
collection, reporting and dissemination of data on incidental mortality
of seabirds. CCAMLR Members who are also members of these Regional
Fishery Management Organizations (RFMO)are urged to raise issues of
seabird mortality within those organizations. The resolution also urges
Flag States conducting longline and other fishing outside the CCAMLR
Convention Area which incidentally take seabirds that breed inside the
Convention Area in areas where such mechanisms requiring the
collection, reporting and dissemination of data on incidental mortality
of seabirds are unavailable or where systematic reporting has not
commenced to provide the CCAMLR Secretariat with summary data. Finally,
the resolution encourages Flag States involved with new and developing
RFMOs to request that incidental mortality of seabirds and other taxa
is adequately addressed and mitigated by the RFMO.
The Scientific Committee recommended several seal bycatch
mitigation measures to the Commission. The Commission endorsed these
measures in its report but did not adopt them as a conservation
measure. The mitigation measures were that: (1) information on all seal
excluder devices be combined and circulated to CCAMLR member countries
and other interested parties; (2) every vessel fishing for krill employ
a device for excluding seals or facilitating their escape from the
trawl net; (3) observers on krill vessels be required to collect
reliable data on seal entrapment and on the effectiveness of mitigation
devices; (4) all observers complete data forms accurately, consistently
and comprehensively; and (5) the United Kingdom be requested to submit
their observer data to the CCAMLR Secretariat. In a future rulemaking,
NMFS will propose a requirement that all krill trawl vessels fishing in
the Convention Area use a seal excluder device.
Protected Areas
The Commission revised the conservation measure requirements for
information to be detailed on maps appended to management plans for
CCAMLR Ecosystem Monitoring Program (CEMP) sites. The Commission
amended the background information in the annexes to the conservation
measures for the protection the Cape Shirreff and Seal Islands CEMP
sites. The amendments were made to reflect the extent and development
of human activities in the early 1880s.
Prohibitions on Directed Fishing
The Commission revised the conservation measure prohibiting
directed fishing for Dissostichus species to apply it from December 1,
2004, to November 30, 2005, in Statistical Subarea 48.5 and continued
the indefinite prohibitions on directed fishing for Dissostichus
species and certain other finfish species in conservation measures
adopted at earlier meetings.
The Commission, through a new conservation measure, limited
directed fishing in the 2004/2005 season in Division 58.5.2 to
Dissostichus eleginoides and Champsocephalus gunnari and set bycatch
limits for other species.
Bycatch
The Commission, through a new conservation measure, revised the
limitations on bycatch in new and exploratory fisheries in Statistical
Division 58.5.2 for the 2004/2005 season.
The Commission, through a new conservation measure, also revised
the bycatch limits in all new and exploratory fisheries for the 2004/
2005 season in all areas containing SSRUs (Statistical Subareas 48.6,
88.1 and 88.2, and Statistical Subdivisions 58.4.2, 58.4.3a, 58.4.3b)
for all Macrourus, skates and rays, and other species.
Dissostichus Species
The Commission extended the general measures in its conservation
measure for exploratory fisheries for Dissostichus species in the
Convention Area to the 2004/2005 season. The Commission also adopted
area specific conservation measures for Dissostichus species for the
2004/2005 season.
The Commission set a catch limit of 3,050 tons for the longline
fishery for D. eleginoides in Subarea 48.3 in the 2004/2005 season, set
bycatch limits on other species and indicated that any catch of
[[Page 19057]]
crab in any pot fishery will count against the catch limit for crab in
Subarea 48.
The Commission set a combined catch limit of 2,787 tons of D.
eleginoides in Division 58.5.2 west of 79[deg]20' E from December 1,
2004, to November 30, 2005, for trawl fishing and from May 1, 2005, to
August 31, 2005, for longline fishing.
The Commission designated several Dissostichus fisheries as
exploratory fisheries for the 2004/2005 fishing season. These fisheries
are total allowable catch fisheries and are open only to the flagged
vessels of countries that notified CCAMLR of an interest by named
vessels to participate in the fisheries.
The exploratory fisheries for Dissostichus species authorized by
the Commission for the 2004/2005 fishing season include the following:
(1) longline fishing in Statistical Division 58.4.1 by Chile, Republic
of Korea, New Zealand, Spain and Ukraine; (2) longline fishing in
Statistical Subarea 48.6 by Japan, Republic of Korea and New Zealand;
(3) longline fishing in Statistical Division 58.4.2 by Chile, Republic
of Korea, New Zealand, Spain and Ukraine; (4) longline fishing in
Statistical Division 58.4.3a (the Elan Bank) outside areas under
national jurisdiction by Australia, Republic of Korea and Spain; (5)
longline fishing in Statistical Division 58.4.3b (the BANZARE Bank)
outside areas of national jurisdiction by Australia, Chile, Japan,
Republic of Korea and Spain; (6) longline fishing in Statistical
Subarea 88.1 by Argentina, Australia, New Zealand, Norway, Russia,
South Africa, Spain, Ukraine, United Kingdom, and Uruguay; and (7)
longline fishing in Statistical Subarea 88.2 by Argentina, New Zealand,
Norway and Russia.
Champsocephalus gunnari
The Commission adopted area specific conservation measures for C.
gunnari for the 2004/2005 season.
The Commission set the overall catch limit for the C. gunnari trawl
fishery in Subarea 48.3 for the 2004/2005 season at 3,574 tons and
continued previously adopted restrictions on the fishery.
The Commission also set the catch limit for C. gunnari trawl
fishery within defined areas of Division 58.5.2 for the 2004/2005
season at 1,864 tons and continued previously adopted restrictions on
and reporting requirements for the fishery.
Crab
The Commission adopted area specific conservation measures for crab
species for the 2004/2005 season. The Commission set the total
allowable catch level for the pot fishery for crab for the 2004/2005
fishing season at 1,600 tons and continued to limit participation to
one vessel per member country conducted as an experimental harvest
regime.
Squid
The Commission also adopted area specific conservation measures for
squid for the 2004/2005 season. The Commission set the total allowable
catch limit for the exploratory jig fishery for Martialia hyadesi for
the 2004/2005 fishing season at 2,500 tons.
Krill
The Commission adopted area specific conservation measures for
krill for the 2004/2005 season. The Commission carried forward the
precautionary catch limits for krill in Statistical Area 48 at 4.0
million tons overall and, as divided by subareas, at 1.008 million tons
in Subarea 48.1, 1.104 million tons in Subarea 48.2, 1.056 million tons
in Subarea 48.3, and 0.832 million tons in Subarea 48.4.
Authority: 16 U.S.C. 2431 et seq.
Dated: April 7, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 05-7313 Filed 4-11-05; 8:45 am]
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