Antarctic Marine Living Resources Convention Act of 1984

[[Page 43062]]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 380

[Docket No. 950707173-5773-01; I.D. 052495A]

RIN 0648-AF51

Antarctic Marine Living Resources Convention Act of 1984

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: The Secretary of Commerce (Secretary) amends the regulations

governing harvesting and reporting of Antarctic living marine resource

catches. The regulations implement conservation and management measures

promulgated by the Commission for the Conservation of Antarctic Marine

Living Resources (CCAMLR or Commission) and accepted in whole by the

Government of the United States to regulate catches in Convention for

the Conservation of Antarctic Marine Living Resources (Convention)

statistical reporting areas 48 and 58. These measures restrict the use

of gear, restrict the directed taking and bycatch of certain species of

fish, prohibit the taking of other species, and require real-time and

other reporting of the harvest of certain species.

EFFECTIVE DATE: August 18, 1995.

ADDRESSES: A copy of the framework environmental assessment may be

obtained from the Assistant Administrator for Fisheries, NOAA, National

Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD

20910.

Comments regarding burden estimates or collection of information

aspects of this rule should be sent to Robin Tuttle, National Marine

Fisheries Service, 1315 East-West Highway, Room 14212, Silver Spring,

MD 20910, and to the Office of Information and Regulatory Affairs,

Office of Management and Budget, Washington, D.C. 20503, Attention:

Paperwork Reduction Act Project 0648-0194.

FOR FURTHER INFORMATION CONTACT: Robin Tuttle (NMFS International

Organizations and Agreements Division), 301-713-2282.

SUPPLEMENTARY INFORMATION:

Background

At its annual meeting in Hobart, Tasmania, in 1986, CCAMLR, of

which the United States is a member, adopted a conservation measure

requiring the Commission at subsequent meetings to adopt limitations on

catch, or to implement equivalent measures, which would be binding for

species upon which fisheries are permitted in Convention subarea 48.3

(South Georgia), depicted at figure 1 of 50 CFR part 380. The

Commission has, also, adopted measures that apply to other Convention

subareas.

The measures adopted by the 1994 meeting of the Commission address

the 1994-95 and 1995-96 fishing seasons. The measures are based upon

the advice of the Scientific Committee and take into account research

conducted by Commission members and the reports and recommendations of

the Scientific Committee's Working Groups. The 1994-95 fishing season

is defined as November 5, 1994, to the end of the Commission meeting in

1995 (November 3, 1995).

The 1995-96 fishing season is defined as the end of the Commission

meeting in 1995 (November 3, 1995) to the end of the Commission meeting

in 1996 (likely November 1, 1996).

The Commission adopted a resolution requesting that Members comply,

on a voluntary basis, with the management plan for the Cape Shirreff

CEMP Protected Area, until its effective date May 1, 1995.

The measures were announced and public comments invited (until

February 7, 1995) by Federal Register notice on January 19, 1995. No

comments were received.

(i) Data Reporting Requirements

The Commission has, at past annual meetings, adopted detailed,

fine-scale reporting requirements. These measures continue in force

until amended or revoked. Two minor additional reporting requirements

were adopted at the 1994 meeting for statistical area 58.4.4. Data on

the number of seabirds of each species killed or injured in incidents

involving net monitor cables used in the N. squamifrons fishery and

monthly effort and biological reporting on the bycatch of D.

eleginoides in the fishery are to be reported to the Commission in

1994-95 and 1995-96.

(ii) Finfishing in Subareas 48.1 (South Shetland Islands) and 48.2

(South Orkney Islands)

The Commission continued prohibitions on the taking of all species

of finfish, other than for scientific research purposes, in subareas

48.1 and 48.2 from November 6, 1993, until at least such time that a

survey of stock biomass is carried out, and a decision that the fishery

is to be reopened is made by the Commission based on the advice of the

Scientific Committee.

(iii) Finfishing in Subarea 48.3 (South Georgia)

The Commission took action on finfishing in subarea 48.3 for the

1994-95 and 1995-96 fishing seasons, as follows:

Directed fishing for Notothenia gibberifrons (humped rockcod),

Chaenocephalus aceratus (blackfin icefish), Pseudochaenichthys

georgianus (South Georgia icefish), Notothenia squamifrons (grey

rockcod), and Patagonotothen brevicauda guntheri (Patagonian rockcod)

is prohibited in the 1994-95 and 1995-96 fishing seasons.

Directed fishing for Champsocephalus gunnari (mackerel icefish) is

prohibited in the 1994-95 season.

In any directed fishery in the subarea during the 1994-95 season,

the bycatch of N. gibberifrons shall not exceed 1,470 tons; the bycatch

of C. aceratus shall not exceed 2,200 tons; and the bycatch of P.

georgianus, N. rossii, and N. squamifrons shall not exceed 300 tons

each, the 1992-93 levels.

The Commission continued in full all of measures previously in

effect for Electrona carlsbergi (lanternfish). The total catch for the

1994-95 fishing season continues at an amount not to exceed 200,000

tons. In addition, the total catch of

E. carlsbergi shall not exceed 43,000 tons in the Shag Rocks

region. The directed fishery for E. carlsbergi will close if the

bycatch limit for N. gibberifrons, C. aceratus, P. georgianus, N.

rossii, or N. squamifrons is reached for any of these species or if the

total catch of E. carlsbergi reaches 200,000 tons, whichever comes

first.

The directed fishery for E. carlsbergi in the Shag Rocks region

will close if the bycatch limit for any of the bycatch species is

reached, or if the total catch of 43,000 tons is reached, whichever

comes first. If, in the course of the directed fishery for E.

carlsbergi, the bycatch of any one haul of the bycatch species exceeds

5 percent, the fishing vessel must move to another fishing ground

within the subarea.

In the event that the catch of E. carlsbergi is expected to exceed

20,000 tons in the 1994-95 season, a survey of stock biomass and age

structure must be conducted by the principal fishing nations. This is

not a requirement on individual fishing vessel operators.

As previously decided, each month, the length composition of a

minimum of 500 E. carlsbergi, randomly collected from the commercial

fishery, will be

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measured and the information passed to the Executive Secretary of

CCAMLR not later than the end of the following month. Monthly reporting

of catch and effort is required for the fishery.

The total catch of Dissostichus eleginoides (Patagonian toothfish)

is limited to 2,800 tons for the fishing season defined as March 1,

1995, to August 31, 1995, or until the total allowable catch (TAC) is

reached, whichever comes first.

Each vessel participating in the fishery must have a scientific

observer, appointed in accordance with the CCAMLR Scheme of

International Scientific Observation on board throughout all fishing

activities within the fishing period.

Catch and effort data are due on an every-5-day reporting period.

The monthly reporting of representative samples of length composition

measurements using forms provided by the Commission is required for D.

eleginoides during the 1994-95 fishing season. Failure by any

Contracting Party, including the United States, to submit length

composition data for three consecutive reporting periods will result in

the closure of the fishery to vessels of that party.

(iv) Finfishing in Subarea 48.4 (South Sandwich Islands)

The total catch of D. eleginoides in subarea 48.4 in the 1994-95

fishing season beginning December 15, 1994, remains limited to 28 tons.

The season continues to November 3, 1995, or until the TAC is reached,

whichever comes first.

(v) Finfishing in Division 58.4.4 (Ob and Lena Banks)

Measures adopted in 1992 setting TACs for the 1993-94 fishing

season are continued in force for the 1994-95 and 1995-96 fishing

seasons, with the additional data reporting indicated in section (i).

Total catch of N. squamifrons for the entire two year period shall not

exceed 1,150 metric tons, divided as 715 metric tons on Lena Bank and

435 metric tons on Ob Bank. The Commission also required that each

vessel participating in the fishery in 1994-95 and 1995-96 carry a

scientific observer, appointed in accordance with the CCAMLR Scheme of

International Scientific Observation, on board throughout all fishing

activities within the fishing period.

(vi) Finfishing in Division 58.5.2 (McDonald and Heard Islands)

The Commission adopted a new measure of continuing application

setting precautionary catch limits in division 58.5.2 of 311 metric

tons for C. gunnari and 297 metric tons (by trawling only) for D.

eleginoides. The 5-day catch and effort and monthly effort and

biological data reporting requirements established previously for other

fisheries also apply.

Fishing seasons commence in each year at the close of the annual

meeting of the Commission and continue until the earlier of June 30 or

reaching the precautionary catch limits. The Commission will keep the

limits under review.

(vii) Fishing for Euphausia Superba

Measures adopted by the Commission at its 1991 and 1992 meetings

capping the catch of krill at 1.5 million metric tons in area 48 and

390,000 metric tons in subarea 58.4.2 in any fishing season continue in

force. Precautionary catch limits on subareas 48.1, 48.2, 48.3, 48.4,

48.5, and 48.6 lapsed at the end of the 1993-94 fishing season.

(viii) Fishing for Antarctic Crab

The Commission continued measures adopted in 1992 limiting the

exploratory crab fishery in subarea 48.3 and requiring the use of data

reporting forms through the 1994-95 fishing season. The crab fishery

continues to be limited to a TAC of 1,600 tons and to one vessel per

Commission member. An experimental harvest regime adopted in 1993

continues through the 1995-96 fishery.

(ix) Protected Sites

The Commission accorded protection to Cape Shirreff and the San

Telmo Islands by establishing the ``Cape Shirreff CEMP Protected Area''

and requesting voluntary compliance until the

May 1, 1995, effective date.

Classification

NMFS has determined that this rule is necessary to implement the

Antarctic Marine Living Resources Convention Act of 1984 (the Act) and

to give effect to the management measures adopted by CCAMLR and agreed

to by the United States.

This action is exempt from review under Executive Order 12866. It

is exempt from section 553 of the Administrative Procedure Act because

it involves a foreign affairs function of the United States.

This rule contains a collection-of-information requirement subject

to the Paperwork Reduction Act. The collection of information has been

approved by the Office of Management and Budget under OMB Control

Number 648-0194, which expires August 31, 1997. The annual reporting

burden for this collection of information is estimated to average 44 1/

2 hours in harvesting and import permit-related activities; 1 1/2 hours

in CEMP permit-related activities; 1/2 hour for finfish reporting in

the crab fishery; 6 1/2 hours for crab data reporting; 1 hour of radio

contact; and 1/2 hour for reporting biological data in the finfish and

crab fisheries. Send comments regarding this burden estimate or any

other aspect of this collection of information, including suggestions

for reducing this burden, to Robin Tuttle, NMFS, and to the Office of

Information and Regulatory Affairs (see ADDRESSES).

List of Subjects in 50 CFR Part 380

Antarctic, Fish and wildlife, Reporting and recordkeeping

requirements.

Dated: August 10, 1995.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service. For the

reasons set out in the preamble, 50 CFR part 380 is amended as follows:

PART 380--ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984

1. The authority citation for part 380 continues to read as

follows:

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

2. In Sec. 380.23 paragraphs (a), (c), (d), (e) introductory text,

(f) through (j), and (k) introductory text are revised to read as

follows:

Sec. 380.23 Catch restrictions.

(a) The following catch restrictions apply to E. superba in

statistical area 48 (Figure 1 to part 380):

(1) The total catch of E. superba shall not exceed 1.5 million tons

in any fishing season.

(2) For the purposes of applying this catch restriction limit, a

fishing season begins on July 1 and ends on June 30 of the following

year.

* * * * *

(c) The total catch of D. eleginoides in statistical subarea 48.4

in the 1994-95 fishing season beginning December 15, 1994, is limited

to 28 tons. The season continues through November 3, 1995, or until the

total allowable catch is reached, whichever comes first.

(d) The following directed fishing is prohibited in statistical

subarea 48.3:

(1) Directed fishing on N. rossii is prohibited in any fishing

season.

(2) Directed fishing on N. gibberifrons, C. aceratus, P.

georgianus, N. squamifrons, and P. b. guntheri is

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prohibited during the period from November 5, 1994, through November 1,

1996.

(3) Directed fishing on C. gunnari is prohibited during the period

from November 5, 1994, through November 3, 1995.

(e) The following bycatch limitations apply in statistical subarea

48.3 during the period from November 5, 1994, through November 3, 1995:

* * * * *

(f) The following catch restrictions apply to D. eleginoides in

statistical subarea 48.3 during the period from March 1, 1995, through

August 31, 1995, or until the total allowable catch is reached,

whichever comes first:

(1) The total catch of D. eleginoides shall not exceed 2,800 tons.

(2) Each vessel participating in the fishery shall have a

scientific observer, appointed in accordance with the CCAMLR Scheme of

International Scientific Observation on board throughout all fishing

activities within the fishing period.

(g) The following catch restrictions apply to E. carlsbergi in

statistical subarea 48.3 during the period from November 5, 1994,

through November 3, 1995:

(1) The total catch of E. carlsbergi shall not exceed 200,000 tons.

(2) The total catch of E. carlsbergi shall not exceed 43,000 tons

in the Shag Rocks region, defined as the area bounded by 52 deg.30' S.

lat., 40 deg. W. long.; 52 deg.30' S. lat., 44 deg. W. long.;

54 deg.30' S. lat., 40 deg. W. long.; and 54 deg.30' S. lat., 44 deg.

W. long.

(h) The taking of finfish, other than for scientific research

purposes, is prohibited in subareas 48.1 and 48.2 (see Figure 1 to part

380).

(i) The following catch restrictions apply to N. squamifrons in

statistical division 58.4.4 (see Figure 1 to part 380) during the

period from November 5, 1994, through November 1, 1996:

(1) The total catch of N. squamifrons during the entire 2- year

period shall not exceed 715 tons on Lena Bank and 435 tons on Ob Bank.

(2) Each vessel participating in the fishery shall carry a

scientific observer, appointed in accordance with the CCAMLR Scheme of

International Scientific Observation on board throughout all fishing

activities within the fishing period.

(j) The following catch restrictions apply to statistical division

58.5.2 for each fishing season:

(1) Fishing seasons commence in each year at the close of the

annual meeting of CCAMLR and continue until the earlier part of June 30

or until respective precautionary catch limits are reached whichever

comes first.

(2) The total catch limit for C. gunnari is 311 tons.

(3) The total catch limit for D. eleginoides is 297 tons.

(k) The following catch restrictions apply to fishing for any

Antarctic crab species in the crab group Order Decapoda, Suborder

Reptantia, in statistical area 48 during the period from November 5,

1994, through November 3, 1995:

* * * * *

3. In Sec. 380.24, paragraphs (d) introductory text, (d)(2), (f)

introductory text, (g)(1) introductory text, and (g)(2) are revised to

read as follows:

Sec. 380.24 Reporting requirements.

* * * * *

(d) Monthly effort and biological data reporting for N. squamifrons

in statistical division 58.4.4 and for the bycatch of D. eleginoides

taken during the period from November 5, 1994, through November 1,

1996, in the target fishery for N. squamifrons is established as

follows:

* * * * *

(2) The operator of any vessel fishing in a trawl fishery to which

this system applies, must complete, for all catch and bycatch species,

the CCAMLR fine-scale catch and effort data form for trawl fisheries

(Form C1, latest version) and, within 1 day of the end of the reporting

period, submit the form to the Assistant Administrator. The report must

include data on the numbers of seabirds of each species killed or

injured in incidents involving net monitor cables. The report must be

made in writing and conveyed by cable, telex, rapidfax, or other

appropriately timely method to the address or number specified in the

vessel's permit and must include the vessel's name, permit number, and

the month to which the report applies.

* * * * *

(f) Monthly biological data reporting for D. eleginoides for

fishing in statistical subareas 48.3 and 48.4 during the period from

November 5, 1994, through November 3, 1995, is established as follows:

* * * * *

(g) * * *

(1) The following data must be reported to the Assistant

Administrator by August 15, 1995, for catches taken between November 5,

1994, and July 31, 1995:

* * * * *

(2) Data on catches taken between July 31, 1995, and August 31,

1995, must be submitted to the Assistant Administrator by September 15,

1995.

* * * * *

4. In Sec. 380.26, paragraphs (a) through (i) are revised to read

as follows:

Sec. 380.26 Closures.

(a) The fishery for E. superba is statistical area 48 shall close

when the total catch in any fishing season reaches 1.5 million tons.

(b) The fishery for D. eleginoides in statistical subarea 48.3

shall close on August 31, 1995, or when the total catch reaches 2,800

tons, whichever comes first.

(c) The fishery for D. eleginoides in statistical subarea 48.4

shall close on November 3, 1995, or when the total catch reaches 28

tons, whichever comes first.

(d) The fishery for C. gunnari in statistical subarea 48.3 is

closed from November 5, 1994, through November 3, 1995.

(e) The directed fishery for E. carlsbergi in statistical subarea

48.3 during the period from November 5, 1994, through November 3, 1995,

shall close when the bycatch of any of the species N. gibberifrons, C,

aceratus, N. rossii, N. squamifrons, P. georgianus, or P. b. guntheri

reaches its bycatch limit, or when the total catch of E. carlsbergi

reaches 200,000 tons, whichever comes first.

(f) The directed fishery for E. carlsbergi in the Shag Rocks region

of statistical subarea 48.3 during the period from November 5, 1994,

through November 3, 1995, shall close when the bycatch of any of the

species named in paragraph (e) of this section reaches its bycatch

limit or if the total catch of E. carlsbergi reaches 43,000 tons,

whichever comes first.

(g) The fishery for N. squamifrons on Lena Bank in statistical

division 58.4.4 shall close when the total catch between November 5,

1994, and November 1, 1996, reaches 715 tons.

(h) The fishery for N. squamifrons on Ob Bank in statistical

division 58.4.4 shall close when the total catch between November 5,

1994, and November 1, 1996, reaches 435 tons.

(i) The fishery for Antarctic crab species in the crab group Order

Decapoda, Suborder Reptantia in statistical area 48 shall close when

the total catch reaches 1,600 tons.

* * * * *

5. In Sec. 380.27, paragraphs (c) and (d) are revised to read as

follows:

Sec. 380.27 Gear restrictions.

* * * * *

[[Page 43065]]

(c) The precautionary catch of D.eleginoides in statistical

subdivision 58.5.2 may only be taken by trawling.

(d) The use of any gear, except crab pots (traps), in the crab

fishery in statistical area 48 during the period from November 5, 1994,

through November 3, 1995, is prohibited.

* * * * *

6. In Sec. 380.28, paragraph (m)(2) introductory text is revised,

and paragraph (m)(2)(ii) is added to read as follows:

Sec. 380.28 Procedure for according protection to CCAMLR Ecosystem

Monitoring Program Sites.

* * * * *

(m) * * * *

(2) The following sites have been identified as CEMP Protected

Sites subject to the regulatory authority of the Act:

* * * * *

(ii) Cape Shirreff and the San Telmo Islands. This designation

takes effect on May 1, 1995. Cape Shirreff is a low, ice-free peninsula

towards the western end of the north coast of Livingston Island, South

Shetland Islands, situated at lat. 62 deg.' S, long. 60 deg.47' W,

between Barclay Bay and Hero Bay. San Telmo Island is the largest of a

small group of ice-free rock islets, approximately 2 km west of Cape

Shirreff. The boundaries of the Cape Shirreff CEMP Protected Site are

identical to the boundaries of the Site of Special Scientific Interest

No. 32, as specified by ATCM Recommendation XV-7. No man-made boundary

markers indicate the limits of the SSSI or protected site. The

boundaries are defined by natural features and include the entire area

of the Cape Shirreff peninsula north of the glacier ice tongue margin,

and most of the San Telmo Island group. For the purposes of the

protected site, the entire area of Cape Shirreff and the San Telmo

Island group is defined as any land or rocks exposed at mean low tide

within the area delimited by the map of SSSI No. 32.

[FR Doc. 95-20467 Filed 8-17-95; 8:45 am]

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