FR Doc 07-266

[Federal Register: January 29, 2007 (Volume 72, Number 18)]
[Notices]
[Page 4067-4146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja07-85]

[[Page 4067]]

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Part II

Department of State

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Office of Ocean Affairs; New Conservation and Management Measures and
Resolutions for Antarctic Marine Living Resources Under the Auspices of
CCAMLR; Notice

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DEPARTMENT OF STATE

[I.D. 121306C]

Office of Ocean Affairs; New Conservation and Management Measures
and Resolutions for Antarctic Marine Living Resources Under the
Auspices of CCAMLR

AGENCY: Office of Ocean Affairs, Department of State.

ACTION: Notice.

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SUMMARY: At its Twenty-Fifth Meeting in Hobart, Tasmania, from October
23 to November 3, 2006, the Commission for the Conservation of
Antarctic Marine Living Resources (CCAMLR), of which the United States
is a member, adopted conservation and management measures and
resolutions, 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 non-Contracting Party vessels. This notice
includes the full text of the conservation measures adopted at the
Twenty-Fifth 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.

DATES: Persons wishing to comment on the measures or desiring more
information should submit written comments by February 28, 2007.

FOR FURTHER INFORMATION CONTACT: Dr. Gustavo A. Bisbal, Office of Ocean
Affairs (OES/OA), Room 2665, Department of State, Washington, DC 20520;
tel: 202-647-6927; fax: 202-647-1106; e-mail: bisbalga@state.gov.

SUPPLEMENTARY INFORMATION: Individuals interested in CCAMLR should also
see 15 CFR Chapter III--International Fishing and Related Activities,
Part 300--International Fishing Regulations, Subpart A--General;
Subpart B--High Seas Fisheries; and Subpart G--Antarctic 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
Conventional 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 record keeping 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.
Review of existing conservation measures and resolutions:
The Commission noted that the following conservation measures will
lapse on 30 November 2006: 32-09 (2005), 33-02 (2005), 33-03 (2005),
41-01 (2005), 41-02 (2005), 41-04 (2005), 41-05 (2005), 41-06 (2005),
41-07 (2005), 41-08 (2005), 41-09 (2005), 41-10 (2005), 41-11 (2005),
42-02 (2005), 52-01 (2005), 52-02 (2005) and 61-01 (2005). Conservation
Measure 42-01 (2005) will lapse on 14 November 2006. All of these
conservation measures dealt with general fishery matters for the 2005/
06 season.
The Commission agreed that Conservation Measure 25-01 (1996) and
Resolution 24/XXIV be rescinded.
The following conservation measures and resolutions will remain in
force in 2006/07:
Compliance: 10-01 (1998) and 10-03 (2005).
General fishery matters: 22-01 (1986), 22-02 (1984), 22-03 (1990),
23-01 (2005), 23-02 (1993), 23-03 (1991), 23-04 (2000), 23-05 (2000),
23-06 (2005), 24-01 (2005), 24-02 (2005), 25-02 (2005) and 25-03
(2003).
Fishery regulations: 31-01 (1986), 32-01 (2001), 32-02 (1998), 32-
03 (1998), 32-04 (1986), 32-05 (1986), 32-06 (1985), 32-07 (1999), 32-
08 (1997), 32-10 (2002), 32-11 (2002), 32-12 (1998), 32-13 (2003), 32-
14 (2003), 32-15 (2003), 32-16 (2003), 32-17 (2003) and 33-01 (1995).
Protected areas: 91-01 (2004), 91-02 (2004) and 91-03 (2004).
Resolutions: 7/IX, 10/XII, 14/XIX, 15/XXII, 16/XIX, 17/XX, 18/XXI,
19/XXI, 20/XXII, 21/XXIII and 23/XXIII.
The Commission revised the following conservation measures and
resolution:
Compliance: 10-02 (2004), 10-04 (2005), 10-05 (2005), 10-06 (2005)
and 10-07 (2005). The Commission also revised the Text of the CCAMLR
System of Inspection.
General fishery matters: 21-01 (2002) and 21-02 (2005).
Fishery regulations: 41-03 (2005), 51-01 (2002), 51-02 (2002) and
51-03 (2002).
Resolution: 22/XXV
In addition, the Commission adopted 24 new measures and one new
resolution.
For further information, see the CCAMLR web site at http://www.ccamlr.org

under Publications for the Schedule of Conservation Measures in Force
(2006/2007), or contact the Commission at the CCAMLR Secretariat, P.O.
Box 213, North Hobart, Tasmania 7002, Australia. Tel: (61) 3-6210-
1111).

Conservation Measures and Resolutions Adopted at CCAMLR-XXV

Conservation Measure 10-01 (1998) \1\

Marking of fishing vessels and fishing gear
(Species: all; Area: all; Season: all; Gear: all)

The Commission hereby adopts the following conservation measure in
accordance with Article IX of the Convention:
1. All Contracting Parties shall ensure that their fishing vessels
licensed \2\ in accordance with Conservation Measure 10-02 to operate
in the Convention Area are marked in such a way that they can be
readily identified in accordance with internationally recognised
standards, such as the FAO Standard Specifications and Guidelines for
the Marking and Identification of Fishing Vessels.
2. Marker buoys and similar objects floating on the surface and
intended to indicate the location of fixed or set fishing gear shall be
clearly marked at all times with the letter(s) and/or numbers of the
vessels to which they belong.

\1\ Except for waters adjacent to Kerguelen and Crozet Islands
\2\ Includes permitted

Conservation Measure 10-02 (2006) \1\ \2\

Licensing and inspection obligations of Contracting Parties with regard
to their flag vessels operating in the Convention Area
(Species: all; Area: all; Season: all; Gear: all)

1. Each Contracting Party shall prohibit fishing by its flag
vessels in the Convention Area except pursuant to a

[[Page 4069]]

licence \3\ that the Contracting Party has issued setting forth the
specific areas, species and time periods for which such fishing is
authorised and all other specific conditions to which the fishing is
subject to give effect to CCAMLR conservation measures and requirements
under the Convention.
2. A Contracting Party may only issue such a licence to fish in the
Convention Area to vessels flying its flag, if it is satisfied of its
ability to exercise its responsibilities under the Convention and its
conservation measures, by requiring from each vessel, inter alia, the
following:
(i) timely notification by the vessel to its Flag State of exit
from and entry into any port;
(ii) notification by the vessel to its Flag State of entry into the
Convention Area and movement between areas, subareas/divisions;
(iii) reporting by the vessel of catch data in accordance with
CCAMLR requirements;
(iv) reporting, where possible as set out in Annex 10-02/A by the
vessel of sightings of fishing vessels \4\ in the Convention Area;
(v) operation of a VMS system on board the vessel in accordance
with Conservation Measure.
3. Each Contracting Party shall provide to the Secretariat within
seven days of the issuance of each licence the following information
about licences issued:
name of the vessel
time periods authorised for fishing (start and end dates)
area(s), subarea(s) or division(s) of fishing
species targeted
gear used.
4. From 1 August 2005, each Contracting Party shall provide to the
Secretariat within seven days of the issuance of each licence the
following information about licences issued:
(i) name of fishing vessel (any previous names if known) \5\,
registration number \6\, IMO number (if issued), external markings and
port of registry;
(ii) the nature of the authorisation to fish granted by the Flag
State, specifying time periods authorised for fishing (start and end
dates), area(s) of fishing, species targeted and gear used;
(iii) previous flag (if any) \5\;
(iv) international Radio Call Sign;
(v) name and address of vessel's owner(s), and any beneficial
owner(s) if known;
(vi) name and address of licence owner (if different from vessel
owner(s));
(vii) type of vessel;
(viii) where and when built;
(ix) length (m);
(x) colour photographs of the vessel which shall consist of:
one photograph not smaller than 12 x 7 cm showing the
starboard side of the vessel displaying its full overall length and
complete structural features;
one photograph not smaller than 12 x 7 cm showing the port
side of the vessel displaying its full overall length and complete
structural features;
one photograph not smaller than 12 x 7 cm showing the
stern taken directly from astern;
(xi) where applicable, in accordance with Conservation Measure 10-
04, details of the implementation of the tamper-proof requirements of
the satellite monitoring device installed on board.
5. From 1 August 2005, each Contracting Party shall, to the extent
practicable, also provide to the Secretariat at the same time as
submitting information in accordance with paragraph 4, the following
additional information in respect to each fishing vessel licensed:
(i) name and address of operator, if different from vessel owners;
(ii) names and nationality of master and, where relevant, of
fishing master;
(iii) type of fishing method or methods;
(iv) beam (m);
(v) gross registered tonnage;
(vi) vessel communication types and numbers (INMARSAT A, B and C
numbers);
(vii) normal crew complement;
(viii) power of main engine or engines (kW);
(ix) carrying capacity (tonnes), number of fish holds and their
capacity (m\3\);
(x) any other information in respect of each licensed vessel they
consider appropriate (e.g. ice classification) for the purposes of the
implementation of the conservation measures adopted by the Commission.
6. Contracting Parties shall communicate without delay to the
Secretariat any change to any of the information submitted in
accordance with paragraphs 3, 4 and 5.
7. The Executive Secretary shall place a list of licensed vessels
on the CCAMLR Web site.
8. The licence or an authorised copy of the licence must be carried
by the fishing vessel and must be available for inspection at any time
by a designated CCAMLR inspector in the Convention Area.
9. Each Contracting Party shall verify, through inspections of all
of its fishing vessels at the Party's departure and arrival ports, and
where appropriate, in its Exclusive Economic Zone, their compliance
with the conditions of the licence as described in paragraph 1 and with
the CCAMLR conservation measures. In the event that there is evidence
that the vessel has not fished in accordance with the conditions of its
licence, the Contracting Party shall investigate the infringement and,
if necessary, apply appropriate sanctions in accordance with its
national legislation.
10. Each Contracting Party shall include in its annual report
pursuant to paragraph 12 of the CCAMLR System of Inspection, steps it
has taken to implement and apply this conservation measure; and may
include additional measures it may have taken in relation to its flag
vessels to promote the effectiveness of CCAMLR conservation measures.

\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ Includes permit and authorisation.
\4\ Including support vessels such as reefer vessels.
\5\ In respect of any vessel reflagged within the previous 12
months, any information on the details of the process of (reasons
for) previous deregistration of the vessel from other registries, if
known.
\6\ National registry number.
Annex 10-02/A
Reporting of Vessel Sightings
1. In the event that the master of a licensed fishing vessel sights
a fishing vessel \4\ within the Convention Area, the master shall
document as much information as possible on each such sighting,
including:
(a) name and description of the vessel
(b) vessel call sign
(c) registration number and the Lloyds/IMO number of the vessel
(d) Flag State of the vessel
(e) photographs of the vessel to support the report
(f) any other relevant information regarding the observed
activities of the sighted vessel.
2. The master shall forward a report containing the information
referred to in paragraph 1 to their Flag State as soon as possible. The
Flag State shall submit to the Secretariat any such reports that meet
the criteria of paragraph 3 of Conservation Measure 10-06 or paragraph
8 of Conservation Measure 10-07.
3. The Secretariat shall use such reports for compiling estimates
of IUU activities.

Conservation Measure 10-03 (2005) ^{1 2 3}

Port inspections of vessels carrying toothfish

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(Species: toothfish; Area: all; Season: all; Gear: all)

1. Contracting Parties shall undertake inspections 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 10-05 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, unreported and unregulated (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 and to all non-
Contracting Parties cooperating with the Commission by participating in
the Catch Documentation Scheme for Dissostichus spp. (CDS).

\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ Excluding by-catches 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.

Conservation Measure 10-04 (2006)

Automated satellite-linked Vessel Monitoring Systems (VMS)
(Species: all except krill; Area: all; Season: all; Gear: all)

The Commission,

Recognizing that in order to promote the objectives of the
Convention and further improve compliance with the relevant
conservation measures,
Convinced that illegal, unreported and unregulated (IUU) fishing
compromises the objective of the Convention,
Recalling that Contracting Parties are required to cooperate in
taking appropriate action to deter any fishing activities which are not
consistent with the objective of the Convention,
Mindful of the rights and obligations of Flag States and Port
States to promote the effectiveness of conservation measures,
Wanting to reinforce the conservation measures already adopted by
the Commission,
Recognizing the obligations and responsibilities of Contracting
Parties under the Catch Documentation Scheme for Dissostichus spp.
(CDS),
Recalling provisions as made under Article XXIV 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,

hereby adopts the following conservation measure in accordance with
Article IX of the Convention:
1. Each Contracting Party shall ensure that its fishing vessels,
licensed \1\ in accordance with Conservation Measure 10-02, are
equipped with a satellite-linked vessel monitoring device allowing for
the continuous reporting of their position in the Convention Area for
the duration of the licence issued by the Flag State. The vessel
monitoring device shall automatically communicate at least every four
hours to a land-based fisheries monitoring centre (FMC) of the Flag
State of the vessel the following data:
(i) fishing vessel identification;
(ii) the current geographical position (latitude and longitude) of
the vessel, with a position error which shall be less than 500 m, with
a confidence interval of 99%; and
(iii) the date and time (expressed in UTC) of the fixing of the
said position of the vessel.
2. The implementation of vessel monitoring device(s) on vessels
while participating only in a krill fishery is not currently required.
3. Each Contracting Party as a Flag State shall ensure that the
vessel monitoring device(s) on board its vessels are tamper proof, i.e.
are of a type and configuration that prevent the input or output of
false positions, and that are not capable of being over-ridden, whether
manually, electronically or otherwise. To this end, the on-board
satellite monitoring device must:
(i) be located within a sealed unit; and
(ii) be protected by official seals (or mechanisms) of a type that
indicate whether the unit has been accessed or tampered with.
4. In the event that a Contracting Party has information to suspect
that an on-board vessel monitoring device does not meet the
requirements of paragraph 3, or has been tampered with, it shall
immediately notify the Secretariat and the vessel's Flag State.
5. Each Contracting Party shall ensure that its FMC receives Vessel
Monitoring System (VMS) reports and messages, and that the FMC is
equipped with computer hardware and software enabling automatic data
processing and electronic data transmission. Each Contracting Party
shall provide for backup and recovery procedures in case of system
failures.
6. Masters and owners/licensees of fishing vessels subject to VMS
shall ensure that the vessel monitoring device on board their vessels
within the Convention Area is at all times fully operational as per
paragraph 1, and that the data are transmitted to the Flag State.
Masters and owners/licensees shall in particular ensure that:
(i) VMS reports and messages are not altered in any way;
(ii) the antennae connected to the satellite monitoring device are
not obstructed in any way;
(iii) the power supply of the satellite monitoring device is not
interrupted in any way; and
(iv) the vessel monitoring device is not removed from the vessel.
7. A vessel monitoring device shall be active within the Convention
Area. It may, however, be switched off when the fishing vessel is in
port for a period of more than one week, subject to prior notification
to the Flag State, and if the Flag State so desires also to the
Secretariat, and providing that the first

[[Page 4071]]

position report generated following the repowering (activating) shows
that the fishing vessel has not changed position compared to the last
report.
8. In the event of a technical failure or non-functioning of the
vessel monitoring device on board the fishing vessel, the master or the
owner of the vessel, or their representative, shall communicate to the
Flag State every six hours, and if the Flag State so desires also to
the Secretariat, starting at the time that the failure or the non-
functioning was detected or notified in accordance with paragraph 12,
the up-to-date geographical position of the vessel by electronic means
(e-mail, facsimile, telex, telephone message, radio).
9. Vessels with a defective vessel monitoring device shall take
immediate steps to have the device repaired or replaced as soon as
possible and, in any event, within two months. If the vessel during
that time returns to port, it shall not be allowed by the Flag State to
commence a further fishing trip in the Convention Area without having
the defective device repaired or replaced.
10. When the Flag State has not received for 12 hours data
transmissions referred to in paragraphs 1 and 8, or has reasons to
doubt the correctness of the data transmissions under paragraphs 1 and
8, it shall as soon as possible notify the master or the owner or the
representative thereof. If this situation occurs more than two times
within a period of one year in respect to a particular vessel, the Flag
State of the vessel shall investigate the matter, including having an
authorised official check the device in question, in order to establish
whether the equipment has been tampered with. The outcome of this
investigation shall be forwarded to the CCAMLR Secretariat within 30
days of its completion.
11.^{2 3}Each Contracting Party shall forward VMS reports
and messages received, pursuant to paragraph 1, to the CCAMLR
Secretariat as soon as possible:
(i) but not later than four hours after receipt for those
exploratory longline fisheries subject to conservation measures adopted
at CCAMLR-XXIII; or
(ii) but not later than 10 working days following departure from
the Convention Area for all other fisheries.
12. With regard to paragraphs 8 and 11(i), each Contracting Party
shall, as soon as possible but no later than two working days following
detection or notification of technical failure or non-functioning of
the vessel monitoring device on board the fishing vessel, forward the
geographical positions of the vessel to the Secretariat, or shall
ensure that these positions are forwarded to the Secretariat by the
master or the owner of the vessel, or their representative.
13. Each Flag State shall ensure that VMS reports and messages
transmitted by the Contracting Party or its fishing vessels to the
CCAMLR Secretariat, are in a computer-readable form in the data
exchange format set out in Annex 10-04/A.
14. Each Flag State shall in addition separately notify by e-mail
or other means the CCAMLR Secretariat within 24 hours of each entry to,
exit from and movement between subareas and divisions of the Convention
Area by each of its fishing vessels in the format outlined in Annex 10-
04/A. When a vessel intends to enter a closed area, or an area for
which it is not licensed to fish, the Flag State shall provide prior
notification to the Secretariat of the vessel's intentions. The Flag
State may permit or direct that such notifications be provided by the
vessel directly to the Secretariat.
15. Without prejudice to its responsibilities as a Flag State, if
the Contracting Party so desires, it shall ensure that each of its
vessels communicates the reports referred to in paragraphs 11 and 14 in
parallel to the CCAMLR Secretariat.
16. Each Flag State shall notify the name, address, e-mail,
telephone and facsimile numbers, as well as the address of electronic
communication of the relevant authorities of their FMC to the CCAMLR
Secretariat before 1 January 2005 and thereafter any changes without
delay.
17. In the event that the CCAMLR Secretariat has not, for 48
consecutive hours, received the data transmissions referred to in
paragraph 11(i), it shall promptly notify the Flag State of the vessel
and require an explanation. The CCAMLR Secretariat shall promptly
inform the Commission if the data transmissions at issue, or the Flag
State explanation, are not received from the Contracting Party within a
further five working days.
18. If VMS data received by the Secretariat indicate the presence
of a vessel in an area or subarea for which no license details have
been provided by the Flag State to the Secretariat as required by
Conservation Measure 10-02, or in any area or subarea for which the
Flag State or fishing vessel has not provided prior notification as
required by paragraph 14, then the Secretariat shall notify the Flag
State and require an explanation. The explanation shall be forwarded to
the Secretariat for evaluation by the Commission at its next annual
meeting.
19. The CCAMLR Secretariat and all Parties receiving data shall
treat all VMS reports and messages received under paragraph 11 or
paragraphs 20, 21, 22 or 23 in a confidential manner in accordance with
the confidentiality rules established by the Commission as contained in
Annex 10-04/B. Data from individual vessels shall be used for
compliance purposes only, namely for:
(i) active surveillance presence, and/or inspections by a
Contracting Party in a specified CCAMLR subarea or division; or
(ii) the purposes of verifying the content of a Dissostichus Catch
Document (DCD).
20. The CCAMLR Secretariat shall place a list of vessels submitting
VMS reports and messages pursuant to this conservation measure on a
password-protected section of the CCAMLR Web site. This list shall be
divided into subareas and divisions, without indicating the exact
positions of vessels, and be updated when a vessel changes subarea or
division. The list shall be posted daily by the Secretariat,
establishing an electronic archive.
21. VMS reports and messages (including vessel locations), for the
purposes of paragraph 19(i) above, may be provided by the Secretariat
to a Contracting Party other than the Flag State without the permission
of the Flag State only during active surveillance, and/or inspection in
accordance with the CCAMLR System of Inspection and subject to the time
frames set out in paragraph 11. In this case, the Secretariat shall
provide VMS reports and messages, including vessel locations over the
previous 10 days, for vessels actually detected during surveillance,
and/or inspection by a Contracting Party, and VMS reports and messages
(including vessel locations) for all vessels within 100 n miles of that
same location. The Flag State(s) concerned shall be provided by the
Party conducting the active surveillance, and/or inspection, with a
report including name of the vessel or aircraft on active surveillance,
and/or inspection under the CCAMLR System of Inspection, and the full
name(s) of the CCAMLR inspector(s) and their ID number(s). The Parties
conducting the active surveillance, and/or inspection will make every
reasonable effort to make this information available to the Flag
State(s) as soon as possible.
22. A Party may contact the Secretariat prior to conducting active
surveillance, and/or inspection in accordance with the CCAMLR System of
Inspection, in a given area and request VMS reports and messages
(including vessel locations), for vessels in that area.

[[Page 4072]]

The Secretariat shall provide this information only with the permission
of the Flag State for each of the vessels and according to the time
frames set out in paragraph 11. On receipt of Flag State permission the
Secretariat shall provide regular updates of positions to the
Contracting Party for the duration of the active surveillance, and/or
inspection in accordance with the CCAMLR System of Inspection.
23. A Contracting Party may request actual VMS reports and messages
(including vessel locations) from the Secretariat for a vessel when
verifying the claims on a DCD. In this case the Secretariat shall
provide that data only with Flag State permission.
24. The CCAMLR Secretariat shall annually, before 30 September,
report on the implementation of and compliance with this conservation
measure to the Commission.

\1\ Includes vessels licensed under French domestic law and
vessels licensed under South African domestic law.
\2\ This paragraph does not apply to vessels licensed under
French domestic law in the EEZs surrounding Kerguelen and Crozet
Islands.
\3\ This paragraph does not apply to vessels licensed under
South African domestic law in the EEZ surrounding Prince Edward
Islands.
ANNEX 10-04/A

VMS Data Format
['Position', `Exit' and `Entry' Reports/Messages]
----------------------------------------------------------------------------------------------------------------
Data element Field code Mandatory/optional Remarks
----------------------------------------------------------------------------------------------------------------
Start record.................... SR.................. M................... System detail; indicates start of
record.
Address......................... AD.................. M................... Message detail; destination; `XCA'
for CCAMLR.
Sequence number................. SQ.................. M\1\................ Message detail; message serial
number in current year.
Type of message................. TM\2\............... M................... Message detail; message type,
`POS' as position report/ message
to be communicated by VMS or
other means by vessels with a
defective satellite tracking
device.
Radio call sign................. RC.................. M................... Vessel registration detail;
international radio call sign of
the vessel.
Trip number..................... TN.................. O................... Activity detail; fishing trip
serial number in current year.
Vessel name..................... NA.................. M................... Vessel registration detail; name
of the vessel.
Contracting Party internal IR.................. O................... Vessel registration detail. Unique
reference number. Contracting Party vessel number
as ISO-3 Flag State code followed
by number.
External registration number.... XR.................. O................... Vessel registration detail; the
side number of the vessel.
Latitude........................ LA.................. M\3\................ Activity detail; position.
Longitude....................... LO.................. M\3\................ Activity detail; position.
Latitude (decimal).............. LT.................. M\4\................ Activity detail; position.
Longitude (decimal)............. LG.................. M\4\................ Activity detail; position.
Date............................ DA.................. M................... Message detail; position date.
Time............................ TI.................. M................... Message detail; position time in
UTC.
End of record................... ER.................. M................... System detail; indicates end of
the record.
----------------------------------------------------------------------------------------------------------------
\1\ Optional in case of a VMS message.
\2\ Type of message shall be `ENT' for the first VMS message from the Convention Area as detected by the FMC of
the Contracting Party, or as directly submitted by the vessel.Type of message shall be `EXI' for the first VMS
message from outside the Convention Area as detected by the FMC of the Contracting Party or as directly
submitted by the vessel, and the values for latitude and longitude are, in this type of message, optional.
Type of message shall be `MAN' for reports communicated by vessels with a defective satellite tracking device.
\3\ Mandatory for manual messages.
\4\ Mandatory for VMS messages.

Format for Indirect Flag State Reporting Via E-mail
----------------------------------------------------------------------------------------------------------------
Field contents
Code Code definition Field contents Example explanation
----------------------------------------------------------------------------------------------------------------
SR............. Start record............... No data........... ...................... No data.
AD............. Address.................... XCA............... XCA................... XCA = CCAMLR.
SQ............. Sequence number............ XXX............... 123................... Message sequence
number.
TM............. Type of message............ POS............... POS................... POS = position report,
ENT = entry report,
EXI = exit report.
RC............. Radio call sign............ XXXXXX............ AB1234................ Maximum of 8
characters.
NA............. Vessel name................ XXXXXXXX.......... Vessel Name........... Maximum of 30
characters.
LT............. Latitude................... DD.ddd............ -55.000............... +/-numeral in GIS
format. Must specify--
for South and West, +
for North and East.
LG............. Longitude.................. DDD.ddd........... -020.000.............. +/-numeral in GIS
format.
DA............. Record date................ YYYYMMDD.......... 20050114.............. 8 characters only.
TI............. Record time................ HHMM.............. 0120.................. 4 characters only,
using 24-hour time
format. Do not use
separators or include
seconds.
ER............. End record................. No data........... ...................... No data.
----------------------------------------------------------------------------------------------------------------
Sample string:
//SR//AD/XCA//SQ/001//TM/POS//RC/ABCD//NA/Vessel Name//LT/-55.000//LG/-020.000//DA/20050114//TI/0120//ER//.
Notes:
Three fields in Annex 10-04/A are optional. These are:
TN (trip number)
IR (Contracting Party internal reference number): Must start with the 3-character ISO country code, e.g.
Argentina = ARGxxx
XR (external registration number).
Do not include any other fields.
Do not include separators (e.g. : . or /) in the date and time fields.

[[Page 4073]]

Do not include seconds in the time fields.

Annex 10-04/B
Provisions on Secure and Confidential Treatment of Electronic Reports
and Messages Transmitted Pursuant to Conservation Measure 10-04
1. Field of Application.
1.1 The provisions set out below shall apply to all VMS reports and
messages transmitted and received pursuant to Conservation Measure 10-
04.
2. General Provisions
2.1 The CCAMLR Secretariat and the appropriate authorities of
Contracting Parties transmitting and receiving VMS reports and messages
shall take all necessary measures to comply with the security and
confidentiality provisions set out in sections 3 and 4.
2.2 The CCAMLR Secretariat shall inform all Contracting Parties of
the measures taken in the Secretariat to comply with these security and
confidentiality provisions.
2.3 The CCAMLR Secretariat shall take all the necessary steps to
ensure that the requirements pertaining to the deletion of VMS reports
and messages handled by the Secretariat are complied with.
2.4 Each Contracting Party shall guarantee the CCAMLR Secretariat
the right to obtain as appropriate, the rectification of reports and
messages or the erasure of VMS reports and messages, the processing of
which does not comply with the provisions of Conservation Measure 10-
04.
3. Provisions on Confidentiality
3.1 All requests for data must be made to the CCAMLR Secretariat in
writing. Requests for data must be made by the main Commission Contact
or an alternative contact nominated by the main Commission Contact of
the Contracting Party concerned. The Secretariat shall only provide
data to a secure e-mail address specified at the time of making a
request for data.
3.2 In cases where the CCAMLR Secretariat is required to seek the
permission of the Flag State before releasing VMS reports and messages
to another Party, the Flag State shall respond to the Secretariat as
soon as possible but in any case within two working days.
3.3 Where the Flag State chooses not to give permission for the
release of VMS reports and messages, the Flag State shall, in each
instance, provide a written report within 10 working days to the
Commission outlining the reasons why it chooses not to permit data to
be released. The CCAMLR Secretariat shall place any report so provided,
or notice that no report was received, on a password-protected part of
the CCAMLR Web site.
3.4 VMS reports and messages shall only be released and used for
the purposes stipulated in paragraph 18 of Conservation Measure 10-04.
3.5 VMS reports and messages released pursuant to paragraphs 20, 21
and 22 of Conservation Measure 10-04 shall provide details of: name of
vessel, date and time of position report, and latitude and longitude
position at time of report.
3.6 Regarding paragraph 21 each inspecting Contracting Party shall
make available VMS reports and messages and positions derived therefrom
only to their inspectors designated under the CCAMLR System of
Inspection. VMS reports and messages shall be transmitted to their
inspectors no more than 48 hours prior to entry into the CCAMLR,
subarea or division where surveillance is to be conducted by the
Contracting Party. Contracting Parties must ensure that VMS reports and
messages are kept confidential by such inspectors.
3.7 The CCAMLR Secretariat shall delete all the original VMS
reports and messages referred to in section 1 from the database at the
CCAMLR Secretariat by the end of the first calendar month following the
third year in which the VMS reports and messages have originated.
Thereafter the information related to the movement of the fishing
vessels shall only be retained by the CCAMLR Secretariat after measures
have been taken to ensure that the identity of the individual vessels
can no longer be established.
3.8 Contracting Parties may retain and store VMS reports and
messages provided by the Secretariat for the purposes of active
surveillance presence, and/or inspections, until 24 hours after the
vessels to which the reports and messages pertain have departed from
the CCAMLR subarea or division. Departure is deemed to have been
effected six hours after the transmission of the intention to exit from
the CCAMLR subarea or division.
4. Provisions on Security.
4.1 Overview.
4.1.1 Contracting Parties and the CCAMLR Secretariat shall ensure
the secure treatment of VMS reports and messages in their respective
electronic data processing facilities, in particular where the
processing involves transmission over a network. Contracting Parties
and the CCAMLR Secretariat must implement appropriate technical and
organisational measures to protect reports and messages against
accidental or unlawful destruction or accidental loss, alteration,
unauthorised disclosure or access, and against all inappropriate forms
of processing.
4.1.2 The following security issues must be addressed from the
outset:
System access control: The system has to withstand a
break-in attempt from unauthorised persons.
Authenticity and data access control:
The system has to be able to limit the access of authorised parties
to a predefined set of data only.
Communication security: It shall be guaranteed that VMS
reports and messages are securely communicated.
Data security:It has to be guaranteed that all VMS reports
and messages that enter the system are securely stored for the required
time and that they will not be tampered with.
Security procedures: Security procedures shall be designed
addressing access to the system (both hardware and software), system
administration and maintenance, backup and general usage of the system.
4.1.3 Having regard to the state of the art and the cost of their
implementation, such measures shall ensure a level of security
appropriate to the risks represented by the processing of the reports
and the messages.
4.1.4 Security measures are described in more detail in the
following paragraphs.
4.2 System Access Control
4.2.1 The following features are the mandatory requirements for the
VMS installation located at the CCAMLR Data Centre:
A stringent password and authentication system: Each user
of the system is assigned a unique user identification and associated
password. Each time the user logs on to the system he/she has to
provide the correct password. Even when successfully logged on the user
only has access to those and only those functions and data that he/she
is configured to have access to. Only a privileged user has access to
all the data.
Physical access to the computer system is controlled.
Auditing: selective recording of events for analysis and
detection of security breaches.
Time-based access control: access to the system can be
specified in terms of times-of-day and days-of-week that each user is
allowed to log on to the system.

[[Page 4074]]

Terminal access control: specifying for each workstation
which users are allowed to access.
4.3 Authenticity and Data Access Security
4.3.1 Communication between Contracting Parties and the CCAMLR
Secretariat for the purpose of Conservation Measure 10-04 shall use
secure Internet protocols SSL, DES or verified certificates obtained
from the CCAMLR Secretariat.
4.4 Data Security
4.4.1 Access limitation to the data shall be secured via a flexible
user identification and password mechanism. Each user shall be given
access only to the data necessary for their task.
4.5 Security Procedures
4.5.1 Each Contracting Party and the CCAMLR Secretariat shall
nominate a security system administrator. The security system
administrator shall review the log files generated by the software for
which they are responsible, properly maintain the system security for
which they are responsible, restrict access to the system for which
they are responsible as deemed needed and in the case of Contracting
Parties, also act as a liaison with the Secretariat in order to solve
security matters.

Conservation Measure 10-05 (2006)

Catch Documentation Scheme for Dissostichus spp.
(Species: toothfish; Area: all; Season: all; Gear: all)
The Commission,

Concerned that illegal, unreported and unregulated (IUU) fishing
for Dissostichus spp. in the Convention Area threatens serious
depletion of populations of Dissostichus spp.,
Aware that IUU fishing involves significant by-catch 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. (CDS) 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 non-Contracting Parties whose vessels fish for
Dissostichus spp. to participate in the CDS,

hereby adopts the following conservation measure in accordance with
Article IX of the Convention:
1. The following definitions are intended only for the purposes of
the completion of CDS documents and shall be applied as stated
regardless of whether such actions as landings, transhipments, imports,
exports or re-exports constitute the same under any CDS participant's
customs law or other domestic legislation:
(i) Port State: The State that has control over a particular port
area or free trade zone for the purposes of landing, transhipment,
importing, exporting and re-exporting and whose authority serves as the
authority for landing or transhipment certification.
(ii) Landing: The initial transfer of catch in its harvested or
processed form from a vessel to dockside or to another vessel in a port
or free trade zone where the catch is certified by an authority of the
Port State as landed.
(iii) Export: Any movement of a catch in its harvested or processed
form from territory under the control of the State or free trade zone
of landing, or, where that State or free trade zone forms part of a
customs union, any other member State of that customs union.
(iv) Import: The physical entering or bringing of a catch into any
part of the geographical territory under the control of a State, except
where the catch is landed or transhipped within the definitions of
`landing' or `transhipment' in this conservation measure.
(v) Re-export: Any movement of a catch in its harvested or
processed form from territory under the control of a State, free trade
zone, or member State of a customs union of import unless that State,
free trade zone, or any member State of that customs union of import is
the first place of import, in which case the movement is an export
within the definition of `export' in this conservation measure.
(vi) Transhipment: The transfer of a catch in its harvested or
processed form from a vessel to another vessel or means of transport,
and, where such transfer takes place within the territory under the
control of a Port State, for the purpose of effecting its removal from
that State. For the avoidance of doubt, temporarily placing a catch on
land or an artificial structure to facilitate such transfer shall not
prevent the transfer from being a transhipment where the catch is not
`landed' within the definition of `landing' in this conservation
measure.
2. 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.
3. 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 (DCD) for the catch landed or
transhipped on each occasion that it lands or tranships Dissostichus
spp.
4. 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 DCD. The landing of
Dissostichus spp. without a catch document is prohibited.
5. Each Contracting Party shall, in accordance with their laws and
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 DCD forms to each of its flag vessels
authorised to harvest Dissostichus spp. and only to those vessels.
6. A non-Contracting Party seeking to cooperate with CCAMLR by
participating in this scheme may issue DCD forms, in accordance with
the procedures specified in paragraphs 8 and 9, to any of its flag
vessels that intend to harvest Dissostichus spp.
7. The procedure regarding cooperation with CCAMLR in the

[[Page 4075]]

implementation of the CDS by non-Contracting Parties involved in the
trade of Dissostichus spp. is set out in Annex 10-05/C.
8. The DCD 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;
(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.
9. Procedures for completing DCDs in respect of vessels are set
forth in paragraphs A1 to A10 of Annex 10-05/A to this measure. The
standard catch document is attached to the annex.
10. Each Contracting Party shall require that each shipment of
Dissostichus spp. imported into or exported from its territory be
accompanied by the export-validated DCD(s) and, where appropriate,
validated re-export document(s) that account for all the Dissostichus
spp. contained in the shipment. The import, export or re-export of
Dissostichus spp. without a catch document is prohibited.
11. An export-validated DCD 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 10-05/A to this measure;
(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.
12. Each Contracting Party shall ensure that its customs government
authorities or other appropriate government 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 DCD(s) and, where appropriate, validated re-export
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.
13. If, as a result of an examination referred to in paragraph 12
above, a question arises regarding the information contained in a DCD
or a re-export document, the exporting State whose government 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.
14. Each Contracting Party shall promptly provide by the most rapid
electronic means, copies to the CCAMLR Secretariat of all export-
validated DCDs and, where relevant, validated re-export documents that
it issued from and received into its territory and shall submit
annually to the Secretariat a summary list of documents issued from or
received into its territory in respect of transhipments, landings,
exports, re-exports and imports. The list shall include: document
identification numbers; date of landing, export, re-export, import;
weights landed, exported, re-exported or imported.
15. Each Contracting Party, and any non-Contracting Party that
issues DCDs in respect of its flag vessels in accordance with paragraph
6, shall inform the CCAMLR Secretariat of the government authority or
authorities (including names, addresses, phone and fax numbers and e-
mail addresses) responsible for issuing and validating DCDs.
16. Notwithstanding the above, any Contracting Party, or any non-
Contracting Party participating in the CDS, 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.
17. If, following an examination under paragraph 12, questions
under paragraph 13 or requests for additional verification of documents
under paragraph 16, it is determined, after consultation with the
States concerned, that a catch document is invalid, the import, export
or re-export of Dissostichus spp. being the subject of the document is
prohibited.
18. 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.
19. 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 10-
05/B.

\1\ Excluding by-catches 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 10-05/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 four-digit number, consisting of the two-digit International
Standards Organization (ISO) country code plus the last two digits of
the year for which the form is issued;
(ii) a three-digit 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 7 of this conservation measure is accurately recorded on the
Dissostichus catch document form;
(ii) if a landing or transhipment includes catch of both
Dissostichus spp.,

[[Page 4076]]

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;
(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 paragraph 1 of Conservation Measure 10-04),
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 obtaining the signature on the Dissostichus catch document
of the master of the vessel to which the catch is being 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 of the Port State of landing or free trade zone
who is acting under the direction of either the customs or fisheries
authority of the Port State and is competent with regard to the
validation of Dissostichus catch documents;
(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;
(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 each 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 of the Port State of landing or free
trade zone who is acting under the direction of either the customs or
fisheries authority of the Port State and is competent with regard to
the validation of Dissostichus catch documents;
(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;
(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;
(iv) the exporter shall obtain a signed and stamped validation of
the Dissostichus catch document (including the attachments if provided)
by a responsible official of the exporting State.
(v) the exporter shall indicate the transport details as
appropriate:

if by sea
container(s) number(s) if appropriate, or
vessel name, and
bill of lading number, date and place of issue;
if by air
flight number, airway bill number,

[[Page 4077]]

place and date of issue;
if by other means (ground transportation)
truck registration number and nationality,
railway transport number, date and place of issue.

A12. In the case of re-export, the re-exporter shall adhere to the
following procedures to obtain the necessary re-export validation of
the Dissostichus catch document(s) that account for all the
Dissostichus spp. contained in the shipment:
(i) the re-exporter shall supply details of the net weight of
product of all species to be re-exported, together with the
Dissostichus catch document number to which each species and product
relates;
(ii) the re-exporter shall supply the name and address of the
importer of the shipment, the point of import and the name and address
of the exporter;
(iii) the re-exporter 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);
(iv) the re-exporter shall indicate the transport details as
appropriate:
if by sea
container(s) number(s) if appropriate, or
vessel name, and
bill of lading number, date and place of issue;
if by air
flight number, airway bill number, place and date of issue;
if by other means (ground transportation)
truck registration number and nationality,
railway transport number, date and place of issue.
(v) the responsible official of the re-exporting State shall
immediately transmit by the most rapid electronic means a copy of the
re-export document to the Secretariat to be made available next working
day to all Contracting Parties.
The standard form for re-export is attached to this annex.

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[GRAPHIC] [TIFF OMITTED] TN29JA07.001

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[GRAPHIC] [TIFF OMITTED] TN29JA07.002

BILLING CODE 3510-22-C
Annex 10-05/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

[[Page 4081]]

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 e-mail 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 non-Contracting 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.
Annex 10-05/C
Procedure Regarding Cooperation With CCAMLR in the Implementation of
the CDS by Non-Contracting Parties Involved in the Trade of
Dissostichus Spp.
C1. Each year, the Executive Secretary shall contact all non-
Contracting Parties which are known to be involved in the trade with
Dissostichus spp. to urge them to become a Contracting Party to CCAMLR
or to attain the status of a non-Contracting Party cooperating with
CCAMLR by participating in the Catch Documentation Scheme for
Dissostichus spp. (CDS) in accordance with the provisions of
Conservation Measure 10-05. In doing so, the Executive Secretary shall
provide copies of this conservation measure and any related resolutions
adopted by the Commission.
C2. Any non-Contracting Party that seeks to be accorded the status
of non-Contracting Party cooperating with CCAMLR by participating in
the CDS shall apply to the Executive Secretary requesting such status.
Such requests must be received by the Executive Secretary no later than
ninety (90) days in advance of an annual meeting of the CAMLR
Commission in order to be considered at that meeting.
C3. Any non-Contracting Party requesting the status of a non-
Contracting Party cooperating with CCAMLR by participating in the CDS
shall fulfil the following requirements in order to have this status
considered by the Commission:
(i) Information requirements:
(a) communicate the data required under the CDS.
(ii) Compliance requirements:
(a) implement all the provisions of Conservation Measure 10-05;
(b) inform CCAMLR of all the measures taken to ensure compliance by
its vessels used for the transhipments of Dissostichus spp. and its
operators, including inter alia, and as appropriate, inspection at sea
and in port, CDS implementation;
(c) respond to alleged violations of CCAMLR measures by its vessels
transhipping Dissostichus spp. and its operators, as determined by the
appropriate bodies, and communicate to CCAMLR the actions taken against
operators.
C4. An applicant for the status of a non-Contracting Party
cooperating with CCAMLR by participating in the CDS shall also:
(i) confirm its commitment to implement Conservation Measure 10-05;
and
(ii) inform the Commission of the measures it takes to ensure
compliance by its operators with Conservation Measure 10-05.
C5. The Standing Committee for Implementation and Compliance (SCIC)
shall be responsible for reviewing requests for the status of non-
Contracting Party cooperating with CCAMLR by participating in the CDS
and for recommending to the Commission whether the applicants should be
granted such status.
C6. Annually the Commission shall review the status granted to each
non-Contracting Party and may revoke this status if the non-Contracting
Party concerned has not complied with the criteria for attaining such
status established by this measure.
Conservation Measure 10-06 (2006)
Scheme to promote compliance by Contracting Party vessels with CCAMLR
conservation measures
(Species: all; Area: all; Season: all; Gear: all)
The Commission,

Convinced that illegal, unreported and unregulated (IUU) fishing
compromises the objective of the Convention,
Aware that a number of vessels registered to Parties and non-
Parties are engaged in activities which diminish the effectiveness of
CCAMLR conservation measures,
Recalling that Contracting Parties are required to cooperate in
taking appropriate action to deter any 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,

[[Page 4082]]

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 (CP-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 10-03, trade
information obtained on the basis of the implementation of Conservation
Measure 10-05 and relevant trade statistics such as Food and
Agriculture Organization of the United Nations (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. Where a Contracting Party obtains information that vessels
flying the flag of another Contracting Party have engaged in activities
set out in paragraph 5, it shall submit a report containing this
information, within 30 days of having become aware of it, to the
Executive Secretary and the Contracting Party concerned. Contracting
Parties shall indicate that the information is provided for the
purposes of considering whether to include the vessel concerned in the
CP-IUU Vessel List under Conservation Measure 10-06. The Executive
Secretary shall within one business day circulate the report to the
other Contracting Parties and to non-Contracting Parties cooperating
with the Commission by participating in the Catch Documentation Scheme
for Dissostichus spp. (CDS), and invite them to communicate any
information available to them in respect of the vessels referred to
above, including their ownership, operators and their trade activities.
4. 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:
(i) 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;
(ii) their vessels are repeatedly included in the CP-IUU Vessel
List.
5. In order for a Contracting Party's vessel to be included in the
CP-IUU Vessel List there must be evidence, gathered in accordance with
paragraphs 2 and 3, that the vessel has:
(i) engaged in fishing activities in the CCAMLR Convention Area
without a licence issued in accordance with Conservation Measure 10-02,
or in violation of the conditions under which such licence would have
been issued in relation to authorised areas, species and time periods;
or
(ii) not recorded or not declared its catches made in the CCAMLR
Convention Area in accordance with the reporting system applicable to
the fisheries it engaged in, or made false declarations; or
(iii) fished during closed fishing periods or in closed areas in
contravention of CCAMLR conservation measures; or
(iv) used prohibited gear in contravention of applicable CCAMLR
conservation measures; or
(v) transhipped or participated in joint fishing operations with,
supported or re-supplied other vessels identified by CCAMLR as carrying
out IUU fishing activities (i.e. vessels on the CP-IUU Vessel List or
the NCP-IUU Vessel List established under Conservation Measure 10-07);
or
(vi) failed to provide, when required under Conservation Measure
10-05, a valid catch document for Dissostichus spp.; or
(vii) 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
(viii) 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.
Draft CP-IUU Vessel List
6. The Executive Secretary shall, before 1 July of each year, draw
up a draft list of Contracting Party vessels (the Draft CP-IUU Vessel
List), listing all Contracting Party vessels that, on the basis of the
information gathered in accordance with paragraphs 2 and 3, and any
other information that the Executive Secretary might have obtained in
relation thereto, and the criteria defined in paragraph 4, might be
presumed to have engaged in any of the activities referred to in
paragraph 5 during the period beginning 30 days before the start of the
previous CCAMLR annual meeting. The Draft CP-IUU Vessel List shall be
distributed immediately to the Contracting Parties concerned.
7. Contracting Parties whose vessels are included in the Draft CP-
IUU Vessel List shall transmit their comments to the Executive
Secretary before 1 September, including verifiable VMS data and other
supporting information showing that the vessels listed have not engaged
in the activities which led to their inclusion in the Draft CP-IUU
Vessel List.
Provisional CP-IUU Vessel List
8. The Executive Secretary shall create a new list (`the
Provisional CP-IUU Vessel List') which shall comprise the Draft CP-IUU
Vessel List and all information received pursuant to paragraph 7.
Before 1 October, the Executive Secretary shall transmit the
Provisional CP-IUU Vessel List, the CP-IUU Vessel List agreed at the
previous CCAMLR annual meeting, and any evidence or documented
information received since that meeting regarding vessels on the
Provisional CP-IUU Vessel List and CP-IUU Vessel List to all
Contracting Parties and non-Contracting Parties cooperating with the
Commission by participating in the CDS. The Executive Secretary shall
at the same time:
(i) request non-Contracting Parties cooperating with the Commission
by participating in the CDS that, to the extent possible in accordance
with their applicable laws and regulations, they do not register or de-
register vessels that have been placed on the Provisional CP-IUU Vessel
List until such time as the Commission has had the opportunity to
consider the List and has made its determination;
(ii) invite non-Contracting Parties cooperating with the Commission
by participating in the CDS to submit any evidence or documented
information regarding vessels on the Provisional CP-IUU Vessel List and
CP-IUU Vessel List, at the latest 30 days before the start of the next
CCAMLR annual meeting. Where the incident occurs within the month
preceding the next CCAMLR annual meeting, evidence or documented
information should be provided as soon as possible.
9. Contracting Parties shall take all necessary measures, to the
extent possible in accordance with their applicable laws and
regulations, in order that:
(i) they do not register or de-register vessels that have been
placed on the Provisional CP-IUU List until such time

[[Page 4083]]

as the Commission has had the opportunity to examine the List and has
made its determination;
(ii) if they do de-register a vessel on the Provisional CP-IUU
Vessel List they inform, where possible, the Executive Secretary of the
proposed new Flag State of the vessel, whereupon the Executive
Secretary shall inform that State that the vessel is on the Provisional
CP-IUU Vessel List and urge that State not to register the vessel.
Proposed and Final CP-IUU Vessel List
10. Contracting Parties shall submit to the Executive Secretary any
additional information which might be relevant for the establishment of
the CP-IUU Vessel List within 30 days of having become aware of such
information and at the latest 30 days before the start of the CCAMLR
annual meeting. A report containing this information shall be submitted
in the format set out in paragraph 16, and Contracting Parties shall
indicate that the information is provided for the purposes of
considering whether to include the vessel concerned in the CP-IUU
Vessel List under Conservation Measure 10-06. The Secretariat shall
collate all information received and, where this has not been provided
in relation to a vessel, attempt to obtain the information in
paragraphs 16(i) to (vii).
11. The Executive Secretary shall circulate to Contracting Parties,
at the latest 30 days before the start of the CCAMLR annual meeting,
all evidence or documented information received under paragraphs 8 and
9, together with any other evidence or documented information received
in terms of paragraphs 2 and 3.
12. At each CCAMLR annual meeting, the Standing Committee on
Implementation and Compliance (SCIC) shall, by consensus:
(i) adopt a Proposed CP-IUU Vessel List, following consideration of
the Provisional CP-IUU Vessel List and information and evidence
circulated under paragraph 10. The Proposed CP-IUU Vessel List shall be
submitted to the Commission for approval;
(ii) recommend to the Commission which, if any, vessels should be
removed from the CP-IUU Vessel List adopted at the previous CCAMLR
annual meeting, following consideration of that List and information
and evidence circulated under paragraph 10.
13. SCIC shall include a vessel on the Proposed CP-IUU Vessel List
only if one or more of the criteria in paragraph 5 have been satisfied.
14. SCIC shall recommend that the Commission should remove a vessel
from the CP-IUU Vessel List if the Contracting Party proves that:
(i) the vessel did not take part in the activities described in
paragraph 1 which led to the inclusion of the vessel in the CP-IUU
Vessel List; or
(ii) it has taken effective action in response to the activities in
question, including prosecution and imposition of sanctions of adequate
severity; or
(iii) the vessel has changed ownership, including beneficial
ownership if known to be distinct from the registered 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
(iv) it 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.
15. In order to facilitate the work of SCIC and the Commission, the
Executive Secretary shall prepare a paper for each CCAMLR annual
meeting, summarising and annexing all the information, evidence and
comments submitted in respect of each vessel to be considered.
16. The Draft CP-IUU Vessel List, Provisional CP-IUU Vessel List,
Proposed CP-IUU Vessel List and the CP-IUU Vessel List shall contain
the following details:
(i) name of vessel and previous names, if any;
(ii) flag of vessel and previous flags, if any;
(iii) owner of vessel and previous owners, including beneficial
owners, if any;
(iv) operator of vessel and previous operators, if any;
(v) call sign of vessel and previous call signs, if any;
(vi) Lloyds/IMO number;
(vii) photographs of the vessel, where available;
(viii) date vessel was first included on the CP-IUU Vessel List;
(ix) summary of activities which justify inclusion of the vessel on
the List, together with references to all relevant documents informing
of and evidencing those activities.
17. On approval of the CP-IUU Vessel List, the Commission shall
request Contracting Parties whose vessels appear thereon to take all
necessary measures to address these 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.
18. Contracting Parties shall take all necessary measures, subject
to and in accordance with their applicable laws and regulations and
international law, in order that:
(i) the issuance of a licence to vessels on the CP-IUU Vessel List
to fish in the Convention Area is prohibited;
(ii) the issuance of a licence to vessels on the CP-IUU Vessel List
to fish in waters under their fisheries jurisdiction is prohibited;
(iii) fishing vessels, support vessels, refuel vessels, mother
ships and cargo vessels flying their flag do not in any way, in the
Convention Area, assist vessels on the CP-IUU Vessel List by
participating in any transhipment or joint fishing operations,
supporting or resupplying such vessels;
(iv) vessels on the CP-IUU Vessel List should be denied access to
ports unless for the purpose of enforcement action or for reasons of
force majeure or for rendering assistance to vessels, or persons on
those vessels, in danger or distress. Vessels allowed entry to port are
to be inspected in accordance with relevant conservation measures;
(v) where port access is granted to such vessels:
(a) documentation and other information, including DCDs where
relevant are examined, with a view to verifying the area in which the
catch was taken; and where the origin cannot be adequately verified,
the catch is detained or any landing or transhipment of the catch is
refused; and
(b) where possible
i. in the event catch is found to be taken in contravention of
CCAMLR conservation measures, catch is confiscated;
ii. all support to such vessels, including non-emergency refueling,
resupplying and repairs is prohibited.
(vi) the chartering of vessels on the CP-IUU Vessel List is
prohibited;
(vii) granting of their flag to vessels on the CP-IUU Vessel List
is refused;
(viii) imports, exports and re-exports of Dissostichus spp. from
vessels on the CP-IUU Vessel List are prohibited;
(ix) `Export or Re-export Government Authority Validation' is not
certified when the shipment (of Dissostichus spp.) is declared to have
been caught by any vessel on the CP-IUU Vessel List;
(x) importers, transporters and other sectors concerned are
encouraged to refrain from dealing with and from transhipping of fish
caught by vessels on the CP-IUU Vessel List;
(xi) any appropriate information which is suitably documented is
collected and submitted to the

[[Page 4084]]

Executive Secretary, to be forwarded to Contracting Parties, and non-
Contracting Parties, entities or fishing entities cooperating with the
Commission by participating in the CDS, with the aim of detecting,
controling and preventing the importation or exportation of, and other
trade-related activities relating to, catches from vessels on the CP-
IUU Vessel List intended to circumvent this conservation measure.
19. The Executive Secretary shall place the CP-IUU Vessel List
approved by the Commission on the public section of the CCAMLR Web
site. Furthermore, the Executive Secretary shall communicate the CP-IUU
Vessel List to the FAO and appropriate regional fisheries organisations
to enhance cooperation between CCAMLR and these organisations for the
purposes of preventing, deterring and eliminating IUU fishing.
20. The Executive Secretary shall circulate to non-Contracting
Parties cooperating with the Commission by participating in the CDS the
CP-IUU Vessel List, together with the request that, to the extent
possible in accordance with their applicable laws and regulations, they
do not register vessels that have been placed on the List unless they
are removed from the List by the Commission.
21. If Contracting Parties obtain new or changed information for
vessels on the CP-IUU Vessel List in relation to the details in
paragraphs 16(i) to (vii), they shall notify the Executive Secretary
who shall place a notification on the secure section of the CCAMLR Web
site and advise all Contracting Parties of the notification. If there
are no comments on the information within seven (7) days, the Executive
Secretary will revise the CP-IUU Vessel List.
22. Without prejudice to their rights 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 CP-IUU Vessel List drawn up by the Executive Secretary, pursuant
to paragraph 6.
23. 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 CCAMLR conservation
measures resulting from their vessels' activities, and to advise the
Commission of actions taken in that regard.
24. The Commission shall review, at subsequent CCAMLR annual
meetings, as appropriate, action taken by those Contracting Parties to
which requests have been made pursuant to paragraph 23, and identify
those which have not rectified their activities.
25. 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 trade-related
measures, consistent with their obligations as members of the World
Trade Organization, that may be necessary to prevent, deter and
eliminate the IUU activities identified by the Commission. Multilateral
trade-related 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 diminish the effectiveness of
CCAMLR's conservation measures which are consistent with the United
Nations Convention on the Law of the Sea 1982.

Conservation Measure 10-07 (2006)

Scheme to promote compliance by non-Contracting Party vessels with
CCAMLR conservation measures
(Species: all; Area: all; Season: all; Gear: all)
The Commission,

Convinced that illegal, unreported and unregulated (IUU) fishing
compromises the objective of the Convention,
Aware that a significant number of vessels registered to non-
Contracting Parties are engaged in activities which diminish the
effectiveness of CCAMLR conservation measures,
Recalling that Contracting Parties are required to cooperate in
taking appropriate action to deter any 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. The Contracting Parties request non-Contracting 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 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 (NCP-IUU Vessel List), in accordance with the procedures and
criteria set out hereafter.
3. This identification shall be documented, inter alia, on reports
relating to the application of Conservation Measure 10-03, trade
information obtained on the basis of the implementation of Conservation
Measure 10-05 and relevant trade statistics such as Food and
Agriculture Organization of the United Nations (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.
4. A non-Contracting 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 10-03 is presumed to be undermining the effectiveness of CCAMLR
conservation measures. In the case of any transhipment activities
involving a sighted non-Contracting 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.
5. When a non-Contracting Party vessel referred to in paragraph 4
enters a port of any Contracting Party, it shall be inspected by
authorised Contracting Party officials in accordance with Conservation
Measure 10-03 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 this Convention.
6. A Contracting Party which sights a non-Contracting Party vessel
engaging in fishing activities in the Convention Area or denies a non-
Contracting Party port access, landing or transhipment under paragraph
5 shall attempt to inform the vessel that it is presumed to be
undermining the effectiveness of CCAMLR conservation measures, and that
this information will be distributed to the Executive Secretary, all
Contracting Parties and the Flag State of the vessel.
7. Information regarding such sightings or denial of port access,
landings or transhipments, and the

[[Page 4085]]

result of all inspections conducted in the ports of Contracting
Parties, and any subsequent action shall be transmitted within one
business day to the Commission in accordance with Article XXII of the
Convention. The Executive Secretary shall transmit this information to
all Contracting Parties, within one business day of receiving it, and
to the Flag State of the vessel concerned as soon as possible and to
appropriate regional fisheries organisations. At this time, the
Executive Secretary 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 desists 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. The other
Contracting Parties and non-Contracting Parties cooperating with the
Commission by participating in the Catch Documentation Scheme for
Dissostichus spp. (CDS) shall be invited to communicate any information
available to them in respect of the vessels referred to above,
including their ownership, operators and their trade activities.
8. Where a Contracting Party obtains information that a non-
Contracting Party vessel has engaged in activities set out in paragraph
9, it shall submit a report containing this information, within 30 days
of having become aware of it, to the Executive Secretary (including
where such information has already been transmitted under paragraph 7).
Contracting Parties shall indicate that the information is provided for
the purposes of considering whether to include the vessel concerned in
the NCP-IUU Vessel List under Conservation Measure 10-07. In addition,
the Contracting Party may also submit the report directly to the non-
Contracting Party concerned. The Executive Secretary shall promptly
forward the information to the non-Contracting Party concerned,
indicating that it has been provided for the purposes of considering
whether to include the vessel concerned in the NCP-IUU Vessel List
under Conservation Measure 10-07. The Executive Secretary shall request
that the Flag State take action to prevent the vessel undertaking any
activities that undermine the effectiveness of CCAMLR conservation
measures and that the Flag State report back to CCAMLR on the measures
it has taken in respect of the vessel concerned. The Executive
Secretary shall circulate the information and any report from the Flag
State to all other Contracting Parties as soon as possible.
9. In order for a non-Contracting Party's vessel to be included in
the NCP-IUU Vessel List, there must be evidence, gathered in accordance
with paragraphs 3 and 8, that the vessel has:
(i) been sighted engaging in fishing activities in the CCAMLR
Convention Area; or
(ii) been denied port access, landing or transhipment in accordance
with Conservation Measure 10-03; or
(iii) transhipped or participated in joint fishing operations with,
supported or resupplied other vessels identified by CCAMLR as carrying
out IUU fishing activities (i.e. vessels on the NCP-IUU Vessel List or
the CP-IUU Vessel List established under Conservation Measure 10-06);
or
(iv) failed to provide, when required under Conservation Measure
10-05, a valid catch document for Dissostichus spp.; or
(v) 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
(vi) 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.
Draft NCP-IUU Vessel List
10. The Executive Secretary shall, before 1 July of each year, draw
up a draft list (`the Draft NCP-IUU Vessel List'), listing all non-
Contracting Party vessels that, on the basis of the information
gathered in accordance with paragraphs 3 and 8 and any other
information that the Executive Secretary might have obtained in
relation thereto, might be presumed to have engaged in any of the
activities referred to in paragraph 9 during the period beginning 30
days before the start of the previous CCAMLR annual meeting. The Draft
NCP-IUU Vessel List shall be distributed immediately to the non-
Contracting Parties concerned and to all Contracting Parties.
11. The Executive Secretary shall invite non-Contracting Parties
whose vessels are included in the Draft NCP-IUU Vessel List to transmit
their comments to the Executive Secretary before 1 September, including
verifiable VMS data and other supporting information showing that the
vessels listed have not engaged in the activities which led to their
inclusion in the Draft NCP-IUU Vessel List.
Provisional NCP-IUU Vessel List
12. The Executive Secretary shall create a new list (`the
Provisional NCP-IUU Vessel List') which shall comprise the Draft NCP-
IUU Vessel List and all information received pursuant to paragraph 11.
Before 1 October, the Executive Secretary shall transmit the
Provisional NCP-IUU Vessel List, the NCP-IUU Vessel List agreed at the
previous CCAMLR annual meeting, and any evidence or documented
information received since that meeting regarding vessels on the
Provisional NCP-IUU Vessel List or the NCP-IUU Vessel List to all
Contracting Parties and non-Contracting Parties cooperating with the
Commission by participating in the CDS. The Executive Secretary shall
at the same time:
(i) request non-Contracting Parties cooperating with the Commission
by participating in the CDS that, to the extent possible in accordance
with their applicable laws and regulations, they do not register or de-
register vessels that have been placed on the List until such time as
the Commission has had the opportunity to consider the List and has
made its determination;
(ii) invite non-Contracting Parties cooperating with the Commission
by participating in the CDS to submit any evidence or documented
information regarding vessels on the Provisional NCP-IUU Vessel List
and NCP-IUU Vessel List, at the latest 30 days before the start of the
next CCAMLR annual meeting. Where the incident occurs within the month
preceding the next CCAMLR annual meeting, evidence or documented
information should be provided as soon as possible;
(iii) transmit the Provisional NCP-IUU Vessel List and any evidence
or documented information received regarding vessels on that List to
all non-Contracting Parties whose vessels are included in the List and
who are not non-Contracting Parties cooperating with the Commission by
participating in the CDS.
13. Contracting Parties shall take all necessary measures, to the
extent possible in accordance with their applicable laws and
regulations, in order that:
(i) they do not register vessels that have been placed on the
Provisional NCP-IUU Vessel List until such time as the Commission has
had the

[[Page 4086]]

opportunity to examine the List and has made its determination;
(ii) if they do de-register a vessel on the Provisional NCP-IUU
Vessel List they inform, where possible, the Executive Secretary of the
proposed new Flag State of the vessel, whereupon the Executive
Secretary shall inform that State that the vessel is on the Provisional
NCP-IUU Vessel List and urge that State not to register the vessel.
Proposed and Final NCP-IUU Vessel List
14. Contracting Parties shall submit to the Executive Secretary any
additional information which might be relevant for the establishment of
the NCP-IUU Vessel List within 30 days of having become aware of such
information and at the latest 30 days before the start of the CCAMLR
annual meeting. A report containing this information shall be submitted
in the format set out in paragraph 20, and Contracting Parties shall
indicate that the information is provided for the purposes of
considering whether to include the vessel concerned in the NCP-IUU
Vessel List under Conservation Measure 10-07. The Executive Secretary
shall collate all information received and, where this has not been
provided in relation to a vessel, attempt to obtain the information in
paragraphs 20(i) to (vii).
15. The Executive Secretary shall circulate to Contracting Parties,
at the latest 30 days before the start of the CCAMLR annual meeting,
all evidence or documented information received under paragraphs 12 and
13, together with any other evidence or documented information received
in terms of paragraphs 3 and 8.
16. At each CCAMLR annual meeting, the Standing Committee on
Implementation and Compliance (SCIC) shall, by consensus:
(i) adopt a Proposed NCP-IUU Vessel List, following consideration
of the Provisional NCP-IUU Vessel List and information and evidence
circulated under paragraph 14. The Proposed NCP-IUU Vessel List shall
be submitted to the Commission for approval;
(ii) recommend to the Commission which, if any, vessels should be
removed from the NCP-IUU Vessel List adopted at the previous CCAMLR
annual meeting, following consideration of that List and information
and evidence circulated under paragraph 14.
17. SCIC shall include a vessel on the Proposed NCP-IUU Vessel List
only if one or more of the criteria in paragraph 9 have been satisfied.
18. SCIC shall recommend that the Commission should remove a vessel
from the NCP-IUU Vessel List if the non-Contracting Party proves that:
(i) the vessel did not take part in the activities described in
paragraph 9 which led to the inclusion of the vessel in the NCP-IUU
Vessel List; or
(ii) it has taken effective action in response to the activities in
question, including prosecution and imposition of sanctions of adequate
severity; or
(iii) the vessel has changed ownership including beneficial
ownership if known to be distinct from the registered 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
(iv) it 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.
19. In order to facilitate the work of SCIC and the Commission, the
Executive Secretary shall prepare a paper for each CCAMLR annual
meeting, summarising and annexing all the information, evidence and
comments submitted in respect of each vessel to be considered.
20. The Draft NCP-IUU Vessel List, Provisional NCP-IUU Vessel List,
Proposed NCP-IUU Vessel List and the NCP-IUU Vessel List shall contain
the following details:
(i) name of vessel and previous names, if any;
(ii) flag of vessel and previous flags, if any;
(iii) owner of vessel and previous owners including beneficial
owners, if any;
(iv) operator of vessel and previous operators, if any;
(v) call sign of vessel and previous call signs, if any;
(vi) Lloyds/IMO number;
(vii) photographs of the vessel, where available;
(viii) date vessel was first included on the NCP-IUU Vessel List;
(ix) summary of activities which justify inclusion of the vessel in
the List, together with references to all relevant documents informing
of and evidencing those activities.
21. On approval of the NCP-IUU Vessel List, the Commission shall
request non-Contracting Parties whose vessels appear thereon to take
all necessary measures to address these 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.
22. Contracting Parties shall take all necessary measures, subject
to and in accordance with their applicable laws and regulations and
international law, in order that:
(i) the issuance of a licence to vessels on the NCP-IUU Vessel List
to fish in waters under their fisheries jurisdiction is prohibited;
(ii) fishing vessels, support vessels, refuel vessels, mother-ships
and cargo vessels flying their flag do not in any way assist vessels on
the NCP-IUU Vessel List by participating in any transhipment or joint
fishing operations, supporting or resupplying such vessels;
(iii) vessels on the NCP-IUU Vessel List should be denied access to
ports unless for the purpose of enforcement action or for reasons of
force majeure or for rendering assistance to vessels, or persons on
those vessels, in danger or distress. Vessels allowed entry to port are
to be inspected in accordance with relevant conservation measures;
(iv) where port access is granted to such vessels:
(a) documentation and other information, including DCDs where
relevant are examined, with a view to verifying the area in which the
catch was taken; and where the origin cannot be adequately verified,
the catch is detained or any landing or transhipment of the catch is
refused; and
(b) where possible
i. in the event catch is found to be taken in contravention of
CCAMLR conservation measures, catch is confiscated;
ii. all support to such vessels, including non-emergency
refuelling, resupplying and repairs is prohibited.
(v) the chartering of vessels on the NCP-IUU Vessel List is
prohibited;
(vi) granting of their flag to vessels on the NCP-IUU Vessel List
is refused;
(vii) imports, exports and re-exports of Dissostichus spp. from
vessels on the NCP-IUU Vessel List are prohibited;
(viii) `Export or Re-export Government Authority Validation' is not
certified when the shipment (of Dissostichus spp.) is declared to have
been caught by any vessel on the NCP-IUU Vessel List;
(ix) importers, transporters and other sectors concerned are
encouraged to refrain from dealing with and from transhipping of fish
caught by vessels on the NCP-IUU Vessel List;
(x) any appropriate information which is suitably documented is
collected and submitted to the Executive Secretary, to be forwarded to
Contracting Parties and non-Contracting Parties, entities or fishing
entities cooperating with the Commission by participating in the CDS,
with the aim of detecting,

[[Page 4087]]

controlling and preventing the importation or exportation of, and other
trade-related activities relating to, catches from vessels on the NCP-
IUU Vessel List intended to circumvent this conservation measure.
23. The Executive Secretary shall place the NCP-IUU Vessel List
approved by the Commission on the public section of the CCAMLR Web
site. Furthermore, the Executive Secretary shall communicate the NCP-
IUU Vessel List to the FAO and appropriate regional fisheries
organisations to enhance cooperation between CCAMLR and these
organisations for the purposes of preventing, deterring and eliminating
IUU fishing.
24. The Executive Secretary shall circulate to non-Contracting
Parties cooperating with the Commission by participating in the CDS the
NCP-IUU Vessel List, together with the request that, to the extent
possible in accordance with their applicable laws and regulations, they
do not register vessels that have been placed on the List unless they
are removed from the List by the Commission.
25. If Contracting Parties obtain new or changed information for
vessels on the NCP-IUU Vessel List in relation to the details in
paragraphs 20(i) to (vii), they shall notify the Executive Secretary
who shall place a notification on the secure section of the CCAMLR Web
site and advise all Contracting Parties and the non-Contracting Party
concerned of the notification. If there are no comments on the
information within seven (7) days, the Executive Secretary will revise
the NCP-IUU Vessel List.
26. Without prejudice to their rights 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 NCP-IUU Vessel List drawn up by the Executive Secretary, pursuant
to paragraph 10.
27. The Chair of the Commission shall request the non-Contracting
Parties identified pursuant to paragraph 1 to take all necessary
measures to avoid diminishing the effectiveness of CCAMLR conservation
measures resulting from their vessels' activities, including if
necessary withdrawal of a vessel's registration or fishing licence,
nullification of the relevant CDS documents and denial of further
access to the CDS, and to advise the Commission of actions taken in
that regard.
28. Contracting Parties shall jointly and/or individually request
non-Contracting Parties identified pursuant to paragraph 2 to cooperate
fully with the Commission in order to avoid diminishing the
effectiveness of conservation measures adopted by the Commission.
29. The Commission shall review, at subsequent CCAMLR annual
meetings, as appropriate, action taken by those non-Contracting Parties
to which requests have been made pursuant to paragraph 26, and identify
those which have not rectified their activities.
30. The Commission shall decide appropriate measures to be taken in
respect to Dissostichus spp. so as to address these issues with those
identified non-Contracting Parties. In this respect, Contracting
Parties may cooperate to adopt appropriate multilaterally agreed trade-
related measures, consistent with their obligations as members of the
World Trade Organization, that may be necessary to prevent, deter and
eliminate the IUU activities identified by the Commission. Multilateral
trade-related 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 diminish the effectiveness of
CCAMLR's conservation measures which are consistent with the United
Nations Convention on the Law of the Sea 1982.

Conservation Measure 10-08 (2006)

Scheme to promote compliance by Contracting Party nationals with CCAMLR
conservation measures
(Species: all; Area: all; Season: all; Gear: all)
The Commission,

Convinced that illegal, unreported and unregulated (IUU) fishing
compromises the objectives of the Convention,
Concerned that some Flag States do not comply with their
obligations regarding jurisdiction and control according to
international law in respect of fishing vessels entitled to fly their
flag that carry out their activities in the Convention Area, and that
as a result these vessels are not under the effective control of such
Flag States,
Aware that the lack of effective control facilitates fishing by
these vessels in the Convention Area in a manner that undermines the
effectiveness of CCAMLR conservation measures, and can lead to illegal,
unreported and unregulated (IUU) catches of fish and unacceptable
levels of incidental mortality of seabirds,
Concerned that vessels that carry out activities in the Convention
Area which do not comply with the CCAMLR conservation measures are
benefiting from the support provided by persons subject to the
jurisdiction of Contracting Parties, including through participation in
transhipment, transport and trade of illegally harvested catches or
engagement on board or in the management of these vessels,
Noting that the FAO International Plan of Action to Prevent, Deter
and Eliminate Illegal, Unreported and Unregulated Fishing calls on
States to take measures to discourage nationals subject to their
jurisdiction from supporting and engaging in any activity that
undermines the effectiveness of international conservation and
management measures,
Recalling that Contracting Parties should cooperate in taking
appropriate action to deter any 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. Without prejudice to the primacy of the responsibility of the
Flag State, the Contracting Parties shall take appropriate measures,
subject to and in accordance with their applicable laws and
regulations:
(i) to verify if any natural or legal persons subject to their
jurisdiction are engaged in the activities described in paragraphs 5(i)
to (viii) of Conservation Measure 10-06 and 9(i) to (vi) of
Conservation Measure 10-07;
(ii) take appropriate action in response to any verified activities
referred to in paragraph 1(i); and
(iii) cooperate for the purpose of implementing the measures and
actions referred to in paragraph 1(i). To this end, relevant agencies
of Contracting Parties should cooperate to implement CCAMLR
conservation measures and Contracting Parties shall seek cooperation by
industries within their jurisdiction.
2. To assist with the implementation of this conservation measure,
Contracting Parties shall submit reports to the CCAMLR Secretariat and
the Contracting Parties and non-Contracting Parties cooperating with
CCAMLR for the purpose of implementing the Catch Documentation Scheme
for Dissostichus spp. on the actions and measures taken in accordance
with paragraph 1, in a timely fashion.

[[Page 4088]]

3. These provisions shall be applicable from 1 July 2008.
Contracting Parties may voluntarily decide to implement these
provisions prior to this date.

Conservation Measure 21-01 (2006) \1\ \2\

Notification that Members are considering initiating a new fishery
(Species: all; Area: all; Season: all; Gear: all)
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 fulfill 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. In addition to those fisheries identified according to paragraph
1, the use of fishing methods in high-seas areas of the Convention Area
as specified in Annex 21-01/A will constitute new fisheries and will
require approval of the Commission for specific areas before
proceeding.
3. 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 6 and 7 below.
4. 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;
(iv) information from other fisheries in the region or similar
fisheries elsewhere that may assist in the valuation of potential
yield;
(v) if the proposed fishery will be undertaken using bottom trawl
gear, information on the known and anticipated impacts of this gear on
vulnerable marine ecosystems, including benthos and benthic
communities.
5. 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, unreported or unregulated fishing in respect of Conservation
Measures 10-06 and 10-07 shall not be permitted to participate in new
fisheries.
6. The information provided in accordance with paragraph 4,
together with any other relevant information, shall be considered by
the Scientific Committee, which shall then advise the Commission.
7. 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.
Annex 21-01/A
Additional Fishing Methods
Bottom trawling in high-seas areas of the Convention Area.

Conservation Measure 21-02 (2006) \1\ \2\

Exploratory fisheries
(Species: all; Area: all; Season: all; Gear: all)
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,
Agreeing that exploratory fishing should not be allowed to expand
faster than the acquisition of information 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 21-01;
(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;
(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 eva