# New and Revised Conservation and Management Measures and Resolutions for Antarctic Marine Living Resources Under the Auspices of CCAMLR > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE9-2516 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** February 12, 2009 - **Citation:** 74 FR 7110 ## Text DEPARTMENT OF STATE DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XM35 New and Revised Conservation and Management Measures and Resolutions for Antarctic Marine Living Resources Under the Auspices of CCAMLR AGENCIES: Office of Ocean Affairs, Department of State and National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: At its Twenty-Seventh Meeting in Hobart, Tasmania, from October 27 to November 7, 2008, 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 (Convention). Measures adopted restrict overall catches of certain species of finfish, squid, krill and crabs, restrict fishing in certain areas, restrict use of certain fishing gear, specify implementation and inspection obligations supporting the Catch Documentation Scheme of Contracting Parties, promote compliance with CCAMLR measures by non-Contracting Party vessels, and require vessels engaged in bottom fishing to report data on benthic organisms recovered by their gear. This notice includes the full text of the new and revised conservation measures adopted at the Twenty-Seventh meeting of CCAMLR. This notice also includes a listing of conservation measures that carry over from last year without change. The full text of these measures was published in the Federal Register on January 29, 2007, except for Conservation Measures 10-04, 23-06, and 31-02 for which full text was published in the Federal Register on December 21, 2007. NMFS suggests that the public view these measures along with the measures contained in this Federal Register notice for a complete listing of all the measures adopted by CCAMLR at its recent meeting. The full text of all measures adopted by CCAMLR can be found on CCAMLR's Web site— 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 March 16, 2009. FOR FURTHER INFORMATION CONTACT: Robert Gorrell, Office of Sustainable Fisheries, Room 13463, 1315 East-West Highway, SSMC3, NMFS, Silver Spring, MD 20910; tel: 301-713-2341; fax: 301-713-1193; e-mail Robert.Gorrell@noaa.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 Convention area, which NMFS uses to implement CCAMLR Conservation Measures that are not expected to change from year to year. The regulations in Subpart G include sections on: Purpose and scope; Definitions; Relationship to other treaties, conventions, laws, and regulations; Procedure for according protection to CCAMLR Ecosystem Monitoring Program Sites; Scientific Research; Initiating a new fishery; Exploratory fisheries; Reporting and recordkeeping requirements; Vessel and gear identification; Gear disposal; Mesh size; Harvesting permits; Scientific observers; Dealer permits and preapproval; Appointment of a designated representative; Requirements for a vessel monitoring system; Prohibitions; Facilitation of enforcement and inspection; and Penalties. Review of existing conservation measures and resolutions (the date in parenthesis indicates the last year in which the measure was amended by CCAMLR): The Commission noted that the following conservation measures would lapse on November 30, 2008: 32-09 (2007), 33-02 (2007), 33-03 (2007), 41-01 (2007), 41-03 (2006), 41-04 (2007), 41-05 (2007), 41-06 (2007), 41-07 (2007), 41-09 (2007), 41-10 (2007), 41-11 (2007), 42-02 (2007), 52-01 (2007), 52-02 (2007) and 61-01 (2007). Conservation Measure 42-01 (2007) lapsed on November 14, 2008. All of these conservation measures dealt with fishery-related matters for the 2007/08 season and are replaced by new measures mentioned below. The following unchanged conservation measures and resolutions will remain in force in 2008/09: Compliance: 10-01 (1998), 10-04 (2007) and 10-08 (2006). General fishery matters: 21-02 (2006), 22-01 (1986), 22-02 (1984), 22-03 (1990), 22-04 (2006), 23-01 (2005), 23-02 (1993), 23-03 (1991), 23-04 (2000), 23-05 (2000), 23-06 (2007) and 25-03 (2003). Fishery regulations: 31-01 (1986), 31-02 (2007), 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), 32-18 (2006) and 33-01 (1995). Protected areas: 91-01 (2004) and 91-02 (2004). Resolutions: 7/IX, 10/XII, 14/XIX, 15/XXII, 16/XIX, 17/XX, 18/XXI, 19/XXI, 20/XXII, 21/XXIII, 22/XXV, 23/XXIII, 25/XXV and 26/XXVI. The full text of all but three of these unchanged conservation measures and all but one of the resolutions was published in the January 29, 2007 Federal Register (72 FR 4068). The full text of Conservation Measures 10-04, 23-06, and 31-02 was published in the December 21, 2007 Federal Register (72 FR 72826). The full text of Resolution 26/XXVI was also published in the December 21, 2007 Federal Register (72 FR 72826). The Commission revised the following conservation measures: Compliance: CM 10-02 (2007) was revised as 10-02 (2008) 1 2 Licensing and inspection obligations of Contracting Parties with regard to their flag vessels operating in the Convention Area CM 10-03 (2005) was revised as 10-03 (2008) 1 2 Port inspection of vessels carrying toothfish CM 10-05 (2006) was revised as 10-05 (2008) Catch Documentation Scheme for Dissostichus spp. CM 10-06 (2006) was revised as 10-06 (2008) Scheme to promote compliance by Contracting Party vessels with CCAMLR conservation measures CM 10-07 (2006) was revised as 10-07 (2008) Scheme to promote compliance by non-Contracting Party vessels with CCAMLR conservation measures General fisheries matters: CM 21-01 (2006) was revised as 21-01 (2008) 1 2 Notification that Members are considering initiating a new fishery CM 21-03 (2007) was revised as 21-03 (2008) Notifications of intent to participate in a fishery for Euphausia superba CM 22-05 (2006) was revised as 22-05 (2008) Restrictions on the use of bottom trawling gear in high-seas areas of the Convention Area CM 22-06 (2007) was revised as 22-06 (2008) 1 2 Bottom fishing in the Convention Area CM 24-01 (2005) was revised as 24-01 (2008) 1 2 The application of conservation measures to scientific research CM 24-02 (2005) was revised as 24-02 (2008) Longline weighting for seabird conservation CM 25-02 (2007) was revised as 25-02 (2008) 1 2 Minimisation of the incidental mortality of seabirds in the course of longline fishing or longline fishing research in the Convention Area CM 26-01 (2006) was revised as 26-01 (2008) 1 2 General environmental protection during fishing Fishery regulations: Toothfish: CM 41-02 (2007) was revised as 41-02 (2008) Limits on the fishery for Dissostichus eleginoides in Statistical Subarea 48.3 in the 2007/08 and 2008/09 seasons Toothfish: CM 41-08 (2007) was revised as 41-08 (2008) Limits on the fishery for Dissostichus eleginoides in Statistical Division 58.5.2 in the 2007/08 and 2008/09 seasons Krill: CM 51-01 (2007) was revised as 51-01 (2008) Precautionary catch limitations on Euphausia superba in Statistical Subareas 48.1, 48.2, 48.3 and 48.4 Krill: CM 51-02 (2006) was revised as 51-02 (2008) Precautionary catch limitation on Euphausia superba in Statistical Division 58.4.1 Krill: CM 51-03 (2007) was revised as 51-03 (2008) Precautionary catch limitation on Euphausia superba in Statistical Division 58.4.2 In addition, the Commission adopted 22 new conservation measures and two new resolutions: Compliance: CM 10-09 (2008) Notification system for transhipments within the Convention Area General fisheries matters: Gear Regulations: CM 22-07 (2008) 1 2 Interim measure for bottom fishing activities subject to Conservation Measure 22-06 encountering potential vulnerable marine ecosystems in the Convention Area Fishery regulations: Fishing Seasons, Closed Areas and Prohibition of Fishing: CM 32-09 (2008) Prohibition of directed fishing for Dissostichus spp. except in accordance with specific conservation measures in the 2008/09 season By-catch Limits: CM 33-02 (2008) Limitation of by-catch in Statistical Division 58.5.2 in the 2008/09 season By-catch Limits: CM 33-03 (2008) 1 2 Limitation of by-catch in new and exploratory fisheries in the 2008/09 season Finfish Fisheries—Toothfish: CM 41-01 (2008) 1 2 General measures for exploratory fisheries for Dissostichus spp. in the Convention Area in the 2008/09 season Finfish Fisheries—Toothfish: CM 41-03 (2008) Limits on the fishery for Dissostichus spp. in Statistical Subarea 48.4 in the 2008/09 season Finfish Fisheries—Toothfish: CM 41-04 (2008) Limits on the exploratory fishery for Dissostichus spp. in Statistical Subarea 48.6 in the 2008/09 season Finfish Fisheries—Toothfish: CM 41-05 (2008) Limits on the exploratory fishery for Dissostichus spp. in Statistical Division 58.4.2 in the 2008/09 season Finfish Fisheries—Toothfish: CM 41-06 (2008) Limits on the exploratory fishery for Dissostichus spp. on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction in the 2008/09 season Finfish Fisheries—Toothfish: CM 41-07 (2008) Limits on the exploratory fishery for Dissostichus spp. on BANZARE Bank (Statistical Division 58.4.3b) outside areas of national jurisdiction in the 2008/09 season Finfish Fisheries—Toothfish: CM 41-09 (2008) Limits on the exploratory fishery for Dissostichus spp. in Statistical Subarea 88.1 in the 2008/09 season Finfish Fisheries—Toothfish: CM 41-10 (2008) Limits on the exploratory fishery for Dissostichus spp. in Statistical Subarea 88.2 in the 2008/09 season Finfish Fisheries—Toothfish: CM 41-11 (2008) Limits on the exploratory fishery for Dissostichus spp. in Statistical Division 58.4.1 in the 2008/09 season Finfish Fisheries—Icefish: CM 42-01 (2008) Limits on the fishery for Champsocephalus gunnari in Statistical Subarea 48.3 in the 2008/09 season Finfish Fisheries—Icefish: CM 42-02 (2008) Limits on the fishery for Champsocephalus gunnari in Statistical Division 58.5.2 in the 2008/09 season Krill: CM 51-04 (2008) General measure for exploratory fisheries for Euphausia superba in the Convention Area in the 2008/09 season Krill: CM 51-05 (2008) Limits on the exploratory fisheries for Euphausia superba in Statistical Subarea 48.6 in the 2008/09 season Crustacean Fisheries—Crab: CM 52-01 (2008) Limits on the fishery for crab in Statistical Subarea 48.3 in the 2008/09 season Crustacean Fisheries—Crab: CM 52-02 (2008) Limits on the exploratory fishery for crab in Statistical Subarea 48.2 in the 2008/09 season Crustacean Fisheries—Crab: CM 52-03 (2008) Limits on the exploratory fishery for crab in Statistical Subarea 48.4 in the 2008/09 season Mollusc Fisheries—Squid: CM 61-01 (2008) Limits on the exploratory fishery for Martialia hyadesi in Statistical Subarea 48.3 in the 2008/09 season 1 Except for waters adjacent to the Kerguelen Islands and Crozet Islands. 2 Except for waters adjacent to the Prince Edward Islands. Under Article IX(6)(c) of the Convention, the United States has 90 days after the November 12, 2008, notification by the Commission to consider the Conservation Measures agreed to at the Twenty-Seventh Meeting of CCAMLR and respond to the Secretariat of CCAMLR that we are unable to accept a Conservation Measure(s). Resolutions: Resolution 27/XXVII (Use of a specific tariff classification for Antarctic krill) Resolution 28/XXVIII (Ballast water exchange in the Convention Area) Other: CCAMLR Members also adopted substantive amendments to CCAMLR's Scheme of International Scientific Observation (note: the CCAMLR Scheme of observation is not a Conservation Measure so the text of the modified Scheme is not published here). The CCAMLR Scheme of observation will be incorporated into the “Scientific Observers Manual” (Manual) which details proper implementation of the program. Each approved observer receives the current Manual from NMFS. Scientific observers must meet all sampling protocols and other requirements of the Manual. The complete text of the CCAMLR Scheme of observation is included in Section 1 of the Manual. CCAMLR Members also adopted a policy to enhance cooperation between CCAMLR and Non-Contracting Parties, to ensure effectiveness of CCAMLR Conservation measures, and to eliminate IUU fishing. This policy does not take the form of a Conservation Measure and so it also is not published here. For further information, see the CCAMLR Web site at http://www.ccamlr.org under Publications for the Schedule of Conservation Measures in Force (2008/2009), 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-XXVII Conservation Measure 10-02 (2008) 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 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 10-04; (vi) Noting the International Management Code for the Safe Operation of Ships and for Pollution Prevention (International Safety Management Code), from 1 December 2009: (a) Adequate communication equipment (including MF/HF radio and carriage of at least one 406MHz EPIRB) and trained operators on board. Wherever possible, vessels should be fitted with Global Maritime Distress and Safety System (GMDSS) equipment; (b) Sufficient immersion survival suits for all on board; (c) Adequate arrangements to handle medical emergencies that may arise in the course of the voyage; (d) Reserves of food, fresh water, fuel and spare parts for critical equipment to provide for unforseen delays and besetment; (e) An approved 5 Shipboard Oil Pollution Emergency Plan (SOPEP) outlining marine pollution mitigation arrangements (including insurance) in the event of a fuel or waste spill. 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), subareas or divisions of fishing • Species targeted • Gear used. 4. 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) 6 , registration number 7 , 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) 6 (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) High-resolution colour photographs of the vessel of appropriate brightness and contrast 8 which shall consist of: • One photograph not smaller than 12 × 7 cm showing the starboard side of the vessel displaying its full overall length and complete structural features; • One photograph not smaller than 12 × 7 cm showing the port side of the vessel displaying its full overall length and complete structural features; • One photograph not smaller than 12 × 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. 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 public section of 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 Shipboard Oil Pollution Emergency Plan to be approved by the Maritime Safety Authority of the Flag State. 6 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. 7 National registry number. 8 All photographs shall be of sufficient quality to enable clear identification of the vessel. 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 (2008) 1 2 3 Port inspections of vessels carrying toothfish (Species: toothfish; Area: all; Season: all; Gear: all) 1. Contracting Parties shall undertake inspections of all fishing vessels 4 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. 4 For the purposes of this conservation measure, `fishing vessel' means any vessel of any size used for, equipped to be used for, or intended for use for the purposes of fishing or fishing related activities, including support ships, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products except container vessels and excluding Members' marine science research vessels. In relation to only carrier vessels equipped for transportation of fishery products, Contracting Parties shall conduct a preliminary assessment of the relevant documentation. If that assessment raises concerns regarding compliance with CCAMLR conservation measures, an inspection according to the provisions of this conservation measure shall be required. Conservation Measure 10-05 (2008) 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., Further recognising the importance of enhancing cooperation with non-Contracting Parties to help prevent, deter and eliminate IUU fishing in the Convention Area, Acknowledging that the Commission has adopted a policy to enhance cooperation between CCAMLR and non-Contracting Parties, 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. Non-Contracting Parties which are involved in the trade of Dissostichus spp. are encouraged to approach the CCAMLR Secretariat with requests for assistance. Proposals must demonstrate how any specific assistance requested will help to combat IUU fishing in the Convention Area. Such requests will be considered by the Commission at its annual meeting. The procedure regarding cooperation with CCAMLR in the 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. 10. Each Contracting Party shall require that each shipment of Dissostichus spp. imported into or exported or re-exported from its territory be accompanied by the export/re-export document. The import, export or re-export of Dissostichus spp. without an export/re-export document is prohibited. 11. An export/re-export document issued in respect of a vessel is one that: (i) Includes all relevant information and signatures provided in accordance with paragraphs A1 to A11 of Annex 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. The standard documents for catch, export and re-export documents are attached to Annex 10-05/A as follows: (i) Attachment 1 contains the standard catch document (which also includes provision for export) and the standard form for re-export which are to be used until 31 May 2009; (ii) Attachment 2 contains the standard catch document and the standard form for export/re-export which are to be used from 1 June 2009. Until 31 May 2009: (i) All references in this conservation measure and its annex to the export/re-export document, with respect to exporting, shall be read as referring to the export section of the standard catch document in Attachment 1; (ii) All references in this conservation measure and its annex to the export/re-export document, with respect to re-exporting, shall be read as referring to the standard form for re-export in Attachment 1. 13. 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 document 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. 14. If, as a result of an examination referred to in paragraph 13 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. 15. Each Contracting Party shall promptly provide by the most rapid electronic means, copies to the CCAMLR Secretariat of all export documents 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. 16. 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. 17. 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. 18. If, following an examination under paragraph 13, questions under paragraph 14 or requests for additional verification of documents under paragraph 17, 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. 19. 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. 20. 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. In addition, Contracting Parties may offer voluntary contributions to support the CDS Fund and its related activities. 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 8 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., 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 or re-exported from the country of landing or import, the exporter shall adhere to the following procedures to obtain the necessary export or re-export document for all the Dissostichus spp. contained in the shipment: (i) The exporter/re-exporter shall enter on each Dissostichus export/re-export document the reference number of the corresponding Dissostichus catch document, the amount of each Dissostichus spp. reported on the document that is contained in the shipment; (ii) The exporter/re-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/re-exporter shall enter on each export/re-export document the exporter/re-exporter's name and address, and shall sign the document; (iv) The exporter/re-exporter shall obtain a signed and stamped validation of the export/re-export document (including the attachments if provided) by a responsible official of the exporting/re-exporting State. (v) The exporter/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. 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. BILLING CODE 3510-22-P EN12FE09.000 EN12FE09.001 EN12FE09.002 EN12FE09.003 BILLING CODE 3510-22-C Annex 10-05/B The Use of the CDS Fund B1. The overall objective of the CDS Fund (“the Fund”) is to provide a mechanism which enables the Commission to enhance its capacity to prevent, deter and eliminate IUU fishing in the Convention Area, by inter alia, improving the effectiveness of the CDS. 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 enhancing the Commission's capacity to contribute to the prevention, deterrence and elimination of IUU fishing in the Convention Area. The Fund may also be used for assisting the development and improving the effectiveness of the CDS 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 shall 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 submitted to the annual meeting of the Commission as working papers 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 and to make recommendations to the Commission on whether to fund special projects or special needs. The Review Panel will 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 by contributing to the prevention, deterrence and elimination of IUU fishing in the Convention Area, so long as this use is consistent with provisions (i) and (ii) above. Such assistance shall be provided within the scope of the CCAMLR Cooperation Enhancement Program contained in the Policy to Enhance Cooperation between CCAMLR and non-Contracting Parties. Acceding States and non-Contracting Parties may submit proposals for consideration by the Commission at its annual meeting, if the proposals are sponsored by, or in cooperation with, a Member or the Secretariat. (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 as a working paper 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. Prior to the annual meeting of the Commission, 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 and produce a summary paper for consideration by the Commission. The Executive Secretary shall provide copies of this conservation measure and any related resolutions adopted by the Commission. C2. The Executive Secretary shall also establish contact with any non-Contracting Party during the intersessional period, as soon as possible after it was known the non-Contracting Party was engaged in the trade with Dissostichus spp. The Executive Secretary shall immediately circulate any written responses to the Members of the Commission. C3. The Executive Secretary shall encourage non-Contracting Parties to approach the CCAMLR Secretariat with requests for assistance. Proposals must demonstrate how any specific assistance requested will help to combat IUU fishing in the Convention Area. Such requests will be considered by the Commission at its annual meeting. C4. 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. C5. 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. C6. 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. C7. 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. C8. 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 (2008) 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, 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 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; (x) Date and location of subsequent sightings of the vessel in the Convention Area, if any, and of any other related activities performed by the vessel contrary to CCAMLR conservation measures. 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 refuelling, 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 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, controlling 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 (2008) 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 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 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; (x) Date and location of subsequent sightings of the vessel in the Convention Area, if any, and of any other related activities performed by the vessel contrary to CCAMLR conservation measures. 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, 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 10-09 (2008) Notification system for transhipments within the Convention Area (Species: various; Area: various; Season: all; Fishery: various) The Commission, Desiring to improve knowledge within CCAMLR of all vessels operating within the Convention Area, and in particular those which offer support to harvesting vessels, Noting that an increasing number of vessels are operating within the Convention Area, either engaged directly in harvesting activities or in providing support to those vessels, Recognising the need to increase the control over transhipment operations which support the harvesting of species within the Convention Area, Concerned that vessels involved in the support of illegal, unreported and unregulated (IUU) fishing may be operating inside the Convention Area, Taking account of the need to combat IUU fishing activities because they undermine the effectiveness of the conservation measures already adopted by CCAMLR, Hereby adopts the following conservation measure in accordance with Article IX of the Convention: 1. This conservation measure applies to all CCAMLR new and exploratory fisheries as well as to those listed in Annex 10-09/A. 2. Each Contracting Party as a Flag State shall notify the Secretariat at least 72 hours in advance if any of its vessels intend to tranship 1 within the Convention Area. The Flag State may permit or direct that such notifications be provided by the vessel directly to the Secretariat. 3. Notifications of intended transhipment operations shall include the following information, for all carrier vessels involved: • Name and registration number • International radio call sign • Flag State • Type of vessels, length, gross registered tonnage (GRT) and carrying capacity • Proposed time and position, in latitude and longitude, of transhipment. The notification should also include details of the type and amount of catches and other goods, such as food stores and fuel, being transhipped. 4. The CCAMLR Secretariat shall maintain a list of all such notifications on the password-protected part of its Web site, in a manner consistent with confidentiality requirements notified by CCAMLR Contracting Parties for their vessels. 5. For fisheries not covered by the provisions of paragraph 1, CCAMLR Contracting Parties shall provide, as a background paper to the annual meeting of the Commission, a report including details set out in paragraph 3 of all transhipments activities in the Convention Area of the vessels flying their flag, during the previous year. 6. No vessel covered by paragraph 1 may tranship to any vessel within the Convention Area for which prior notification, pursuant to paragraphs 1 to 3 above, has not been given. 7. The Commission shall review the implementation of this conservation measure at its 2010 meeting. 1 Transhipment means the transfer of harvested marine living resources and any other goods or materials to or from fishing vessels. Annex 10-09/A Additional Fisheries to Which This Conservation Measure Applies Target species Statistical subarea/division Fishing gear Dissostichus eleginoides Subarea 48.3 Longline Division 58.5.2 Longline, pot, trawl Dissostichus spp. Subarea 48.4 Longline Champsocephalus gunnari Subarea 48.3 Trawl Division 58.5.2 Trawl Crab Subarea 48.3 Pot Conservation Measure 21-01 (2008) 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 fulfil its function under Article IX, Hereby adopts the following conservation measure in accordance with Article IX of the Convention: 1. A new fishery, for the purposes of this conservation measure, is a fishery on a species using a particular fishing method in a statistical subarea or division 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. Any Member proposing to participate in a new fishery shall: (i) Notify its intention to the Commission not less than three months in advance of the next regular meeting of the Commission. This notification shall include the information prescribed in paragraph 4 of Conservation Measure 10-02 in respect of vessels proposing to participate in the fishery, with the exception that the notification shall not be required to specify the information referred to in subparagraph 4(ii) of Conservation Measure 10-02. Members shall, to the extent practicable, also provide in their notification the additional information detailed in paragraph 5 of Conservation Measure 10-02 in respect to each fishing vessel notified. Members are not hereby exempted from their obligations under Conservation Measure 10-02 to submit any necessary updates to vessel and licence details within the deadline established therein as of issuance of the licence to the vessel concerned; (ii) Prepare and submit to CCAMLR by a specified date a Fishery Operations Plan for the fishing season, for review by the Scientific Committee and the Commission. The Fishery Operations Plan shall include as much of the following information as the Member is able to provide, so as to assist the Scientific Committee in its preparation of the Data Collection Plan: (a) The nature of the new fishery, including target species, methods of fishing, proposed region and maximum catch levels proposed for the forthcoming season; (b) Biological information on the target species from comprehensive research/survey cruises, such as distribution, abundance, demographic data and information on stock identity; (c) Details of dependent and related species and the likelihood of their being affected by the proposed fishery; (d) Information from other fisheries in the region or similar fisheries elsewhere that may assist in the evaluation of potential yield; (e) 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. (iii) Provide a commitment, in its proposal, to implement any Data Collection Plan developed by the Scientific Committee for the fishery. 4. The Member shall not initiate a new fishery pending the process specified in paragraphs 8 and 9 below. 5. To ensure that adequate information is made available to the Scientific Committee for evaluation, during the period when a fishery is classified as new, the Scientific Committee shall develop (and update annually as appropriate) a Data Collection Plan, which should include research proposals, as appropriate. This shall identify the data needed and describe any operational research actions necessary to obtain the relevant data from the new fishery to enable an assessment of the stock to be made. 6. The Data Collection Plan shall include, where appropriate: (i) A description of the catch, effort and related biological, ecological and environmental data required to undertake the evaluations described in paragraph 1, and the date by which such data are to be reported annually to CCAMLR; (ii) A plan for directing fishing effort during the initial phase to permit the acquisition of relevant data to evaluate the fishery potential and the ecological relationships among harvested, dependent and related populations and the likelihood of adverse impacts; (iii) Where appropriate, a plan for the acquisition of any other research data by fishing vessels, including activities that may require the cooperative activities of scientific observers and the vessel, as may be required for the Scientific Committee to evaluate the fishery potential and the ecological relationships among harvested, dependent and related populations and the likelihood of adverse impacts; (iv) An evaluation of the time scales involved in determining the responses of harvested, dependent and related populations to fishing activities. 7. 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. 8. The information provided in accordance with paragraphs 3 to 7, together with any other relevant information, shall be considered by the Scientific Committee, which shall then advise the Commission. 9. 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 21-03 (2008) Notifications of intent to participate in a fishery for Euphausia superba (Species: krill; Area: all; Season: all; Gear: all) 1. In order for the Scientific Committee to thoroughly study the notifications to fish for krill for the coming season, all Members of the Commission intending to fish for krill in the Convention Area shall notify the Secretariat of their intention not later than 1 June prior to the annual meeting of the Commission, immediately prior to the season in which they intend to fish, using the pro formas in Annex 21-03/A and Annex 21-03/B. 2. This notification shall include the information prescribed in paragraph 4 of Conservation Measure 10-02 in respect of each vessel proposing to participate in the fishery, with the exception that the notification shall not be required to specify the information referred to in subparagraph 4(ii) of Conservation Measure 10-02. Members shall, to the extent practicable, also provide in their notification the additional information detailed in paragraph 5 of Conservation Measure 10-02 in respect to each fishing vessel notified. Members are not hereby exempted from their obligations under Conservation Measure 10-02 to submit any necessary updates to vessel and licence details within the deadline established therein as of issuance of the licence to the vessel concerned. 3. A Member intending to fish for krill in the Convention Area may only notify in respect of vessels flying its flag at the time of the notification. 4. Members shall ensure, including by submitting notifications by the due date, appropriate review by the Commission of notifications to fish for krill in the Convention Area before a vessel commences fishing. 5. Notwithstanding paragraph 4, Members shall be entitled under Conservation Measure 10-02 to authorise participation in a krill fishery by a vessel other than that notified to the Commission in accordance with paragraph 2, if the notified vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member concerned shall immediately inform the Secretariat providing: (i) Full details of the intended replacement vessel(s) as prescribed in paragraph 2; (ii) A comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references. The Secretariat shall immediately circulate this information to all Members. 6. A vessel on either of the IUU Vessel Lists established under Conservation Measures 10-06 and 10-07 shall not be permitted by Members to participate in krill fisheries. 7. The Secretariat shall provide the Commission and its relevant subsidiary bodies with information regarding substantial discrepancies between notifications and actual catches in the krill fishery in the latest season. EN12FE09.004 EN12FE09.005 EN12FE09.006 EN12FE09.007 EN12FE09.008 EN12FE09.009 Conservation Measure 22-05 (2008) Restrictions on the use of bottom trawling gear in high-seas areas of the Convention Area (Species: all; Area: high seas; Season: all; Gear: bottom trawl) The Commission hereby adopts the following conservation measure in accordance with Article IX of the Convention: 1. The use of bottom trawling gear in the high-seas areas of the Convention Area is restricted to areas for which the Commission has conservation measures in force for bottom trawling gear. 2. This conservation measure does not apply to the use of bottom trawling gear in conducting scientific research in the Convention Area. Conservation Measure 22-06 (2008) 1 2 Bottom fishing in the Convention Area (Species: all; Area: see paragraphs 1, 2; Season: all; Gear: bottom fishing) The Commission, Recognising the commitment made by Members to implement the CCAMLR precautionary and ecosystem approaches to fisheries management by embracing principles of conservation as stated in Article II of the Convention, Conscious of the urgent need to protect vulnerable marine ecosystems (VMEs) from bottom fishing activities that have significant adverse impacts on such ecosystems, Noting that United Nations General Assembly Resolution 61/105, adopted on 8 December 2006, calls on regional fisheries management organisations or arrangements with the competence to regulate bottom fisheries to adopt and implement measures to prevent significant adverse impacts of bottom fisheries on VMEs and noting further that all CCAMLR Members joined in the consensus by which this resolution was adopted, Noting also the importance of Article IX of the Convention, including the use of the best scientific evidence available, Aware of the steps already taken by CCAMLR to address the impacts of deep-sea gillnetting and bottom trawling in the Convention Area, through the implementation of Conservation Measures 22-04 and 22-05 respectively, Recognising that CCAMLR has responsibilities for the conservation of Antarctic marine living resources, part of which include the attributes of a regional fisheries management organisation, Noting that all CCAMLR conservation measures are published on the CCAMLR Web site, Hereby adopts the following conservation measure in accordance with Article IX of the Convention: Management of Bottom Fishing 1. This conservation measure applies to areas in the Convention Area south of 60° S, and to the rest of the Convention Area with the exception of subareas and divisions where an established fishery was in place in 2006/07 with a catch limit greater than zero. 2. This conservation measure also applies to the area of Division 58.4.1 north of 60° S. 3. For the purposes of this measure, the term `vulnerable marine ecosystems' in the context of CCAMLR includes seamounts, hydrothermal vents, cold water corals and sponge fields. 4. For the purposes of this measure, the term `bottom fishing activities' includes the use of any gear that interacts with the bottom. 5. Until 30 November 2008, bottom fishing activities shall be limited to those areas for which bottom fishing activities were approved by the Commission in the 2006/07 fishing season. 6. Contracting Parties whose vessels wish to engage in any bottom fishing activities, beginning 1 December 2008, shall follow the procedures described in paragraphs 8 to 12 below. 7. Contracting Parties shall authorise vessels flying their flag to participate in bottom fishing activities only in accordance with the provisions of this conservation measure and Conservation Measure 10-02. Assessment of Bottom Fishing 8. All individual bottom fishing activities commencing 1 December 2008 and thereafter shall be subject to assessment by the Scientific Committee, based on the best available scientific information, to determine if such activities, taking account of the history of bottom fishing in the areas proposed, would contribute to having significant adverse impacts on VMEs, and to ensure that if it is determined that these activities would make such contributions, that they are managed to prevent such impacts or are not authorised to proceed. The assessments shall include the following procedures: (i) Each Contracting Party proposing to participate in bottom fishing shall submit to the Scientific Committee and Commission information and a preliminary assessment based on the pro forma in Annex 22-06/A, with the best available data, of the known and anticipated impacts of its bottom fishing activities on VMEs, including benthos and benthic communities, no less than three months in advance of the next meeting of the Commission. These submissions shall also include the mitigation measures proposed by the Contracting Party to prevent such impacts. (ii) The Scientific Committee shall undertake an assessment, according to procedures and standards it develops, and provide advice to the Commission as to whether the proposed bottom fishing activity would contribute to having significant adverse impacts on VMEs and, if so, whether the proposed or additional mitigation measures would prevent such impacts. The Scientific Committee may use in its assessment additional information available to it, including information from other fisheries in the region or similar fisheries elsewhere. (iii) The Commission shall, taking account of advice and recommendations provided by the Scientific Committee concerning bottom fishing activities, including data and information arising from reports pursuant to paragraph 8, adopt conservation measures to prevent significant adverse impacts on VMEs, that as appropriate: (a) Allow, prohibit or restrict bottom fishing activities within particular areas; (b) Require specific mitigation measures for bottom fishing activities; (c) Allow, prohibit or restrict bottom fishing with certain gear types; and/or (d) Contain any other relevant requirements or restrictions to prevent significant adverse impacts to VMEs. Encounters With VMEs 9. Annex 22-06/B provides a notification form for Contracting Parties to use to notify the Secretariat when evidence of VMEs has been encountered, and has not otherwise been reported under Conservation Measure 22-07. 10. Contracting Parties, in the absence of site-specific or other conservation measures to prevent significant adverse impact on VMEs, shall require vessels flying their flag to cease bottom fishing activities in any location where evidence of a VME is encountered in the course of fishing operations, and to report the encounter to the Secretariat in accordance with the schedule of the Catch and Effort Reporting System (Conservation Measures 23-01, 23-02 or 23-03, whichever is applicable), so that appropriate conservation measures can be adopted in respect of the relevant site. 11. The Scientific Committee shall provide advice to the Commission on the known and anticipated impacts of bottom fishing activities on VMEs, and recommend practices, including ceasing fishing operations if needed, when evidence of a VME is encountered in the course of bottom fishing operations. Taking account of this advice, the Commission shall adopt conservation measures to be applied when evidence of a VME is encountered in the course of fishing operations. Monitoring and Control of Bottom Fishing Activities 12. Notwithstanding Members' obligations pursuant to Conservation Measure 21-02, all Contracting Parties whose vessels participate in bottom fisheries shall: (i) Ensure that their vessels are equipped and configured so that they can comply with all relevant conservation measures; (ii) Ensure that each vessel carries at least one CCAMLR-designated scientific observer to collect data in accordance with this and other conservation measures; (iii) Submit data pursuant to Data Collection Plans for bottom fisheries to be developed by the Scientific Committee and included in conservation measures; (iv) Be prohibited from continuing participation in the relevant bottom fishery if data arising from conservation measures relevant to that bottom fishery have not been submitted to CCAMLR pursuant to paragraph 12(iii) for the most recent season in which fishing occurred, until the relevant data have been submitted to CCAMLR and the Scientific Committee has been allowed an opportunity to review the data. 13. The Secretariat shall annually compile a list of vessels authorised to fish pursuant to this conservation measure and shall make this list publicly available on CCAMLR's Web site. Data Collection and Sharing and Scientific Research 14. The Scientific Committee shall, based on the best available scientific information, advise the Commission on where VMEs are known to occur or are likely to occur, and advise on potential mitigation measures. Contracting Parties shall provide the Scientific Committee with all relevant information to assist in this work. The Secretariat shall maintain an inventory including digital maps of all known VMEs in the Convention Area for circulation to all Contracting Parties and other relevant bodies. 15. Scientific bottom fishing research activities notified under Conservation Measure 24-01, paragraph 2, shall proceed according to Conservation Measure 24-01 and shall be undertaken with due regard to potential impacts on VMEs. Scientific bottom fishing research activities notified under Conservation Measure 24-01, paragraph 3, shall be treated in accordance with all aspects of paragraph 9 of this conservation measure, notwithstanding the procedures in Conservation Measure 24-01. Consistent with existing reporting requirements in Conservation Measure 24-01, paragraph 4, information regarding the location and the type of any VME encountered, in the course of scientific bottom fishing research activities, shall be reported to the Secretariat. Review 16. This conservation measure will be reviewed at the next regular meeting of the Commission, based on the findings of the Scientific Committee. In addition, beginning in 2009 and biennially thereafter, the Commission will examine the effectiveness of relevant conservation measures in protecting VMEs from significant adverse impacts, based on advice from the Scientific Committee. 1 Except for waters adjacent to the Kerguelen and Crozet Islands. 2 Except for waters adjacent to the Prince Edward Islands. Annex 22-06/A Pro Forma for Submitting Preliminary Assessments of the Potenti [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE9-2516. Public record. Not legal advice.