Council Regulation (EC) No 1099/2007 of 18 September 2007 amending Regulation (EC) No 601/2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources

‘2 The Member States shall transmit to the Commission, by computer transmission, within three days from the date of issue of the permit referred to in paragraph 1, the following information concerning the vessel covered by the permit: (a) the name of the vessel concerned; (b) type of vessel; (c) length; (d) vessel IMO number (if issued); (e) where and when it was built; (f) previous flag, if any; (g) international Radio Call Sign; (h) name and address of vessel’s owner(s), and any beneficial owner(s), if known; (i) colour photographs of the vessel, which shall consist of: (i) one photograph not smaller than 12 × 7 cm showing the starboard side of the vessel, displaying its full overall length and complete structural features; (ii) one photograph not smaller than 12 × 7 cm showing the port side of the vessel, displaying its full overall length and complete structural features; (iii) one photograph not smaller than 12 × 7 cm showing the stern, taken directly from astern; (j) the period for which it is authorised to fish in the Convention area, with the dates on which fishing activities start and end; (k) the fishing area or areas; (l) the target species; (m) the gear used; (n) measures taken to ensure tamper-proof operation of the satellite monitoring device installed on board. Member States shall, to the extent practicable, also communicate to the Commission the following information relating to vessels authorised to fish in the CCAMLR area: (a) name and address of operator, if different from vessel owner(s); (b) names and nationality of master, and, where relevant, of fishing master; (c) type of fishing method or methods; (d) beam (m); (e) gross registered tonnage; (f) vessel communication types and numbers (INMARSAT A, B and C numbers); (g) normal crew complement; (h) power of main engine or engines (kW); (i) carrying capacity (tonnes), number of fish holds and their capacity (m3); (j) any other information (e.g. ice classification) considered appropriate. The Commission shall transmit such information to the CCAMLR Secretariat without delay.’

‘3 Each Member State shall verify the information referred to in paragraph 2 against data received through the VMS systems operating on board Community fishing vessels flying its flag. It shall transmit the VMS data to the CCAMLR Secretariat by computer transmission within two days from the date of its receipt, in a confidential manner in accordance with the confidentiality rules established by CCAMLR.’

All Contracting Parties intending to fish for krill in the Convention Area shall notify the Secretariat of their intent not less than four months in advance of the regular annual meeting of the CCAMLR, immediately prior to the season in which they intend to fish.’

Fishing vessels participating in exploratory fisheries shall be subject to the following additional requirements: (a) vessels shall be prohibited from discharging: (i) oil or fuel products, or oily residues into the sea, except as permitted in Annex I to the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78); (ii) garbage; (iii) food wastes not capable of passing through a screen with openings no greater than 25 mm; (iv) poultry or parts thereof (including egg shells); (v) sewage within 12 nautical miles of land or ice shelves, or sewage while the ship is travelling at a speed of less than four knots; or (vi) incineration ash; (b) no live poultry or other living birds shall be brought into Subareas 88.1 and 88.2 and any dressed poultry not consumed shall be removed from Subareas 88.1 and 88.2; (c) fishing for Dissostichus spp. in Subareas 88.1 and 88.2 shall be prohibited within 10 nautical miles of the coast of the Balleny Islands.

1 Each fishing vessel participating in the exploratory fisheries shall implement a tagging programme as follows: (a) Dissostichus spp. individuals shall be tagged and released in accordance with the provisions set out in the CCAMLR Tagging Program and Protocol for Dissostichus spp. in exploratory fisheries. Vessels shall only discontinue tagging after they have tagged 500 individuals, or leave the fishery having tagged Dissostichus spp. at the specified rate; (b) the programme shall target individuals of all sizes in order to meet the tagging requirement; only toothfish that are in good condition shall be tagged. All released individuals shall be double-tagged and releases shall cover as broad a geographical area as possible; in regions where both Dissostichus species occur, the tagging rate shall, to the extent possible, be in proportion to the species and size of Dissostichus spp. present in the catches; (c) all tags shall be clearly imprinted with a unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual; from 1 September 2007 all tags for use in an exploratory fishery shall be sourced from the Secretariat; (d) all recaptured tagged individuals (i.e. fish caught with a previously inserted tag) shall not be re-released, even if they were at liberty for only a short period; (e) all recaptured tagged individuals shall be biologically sampled (length, weight, sex, gonad stage), an electronic time-stamped photograph taken of the fish, the otoliths recovered and the tag removed; (f) all relevant tag data and any data recording tag recaptures shall be reported electronically in the CCAMLR format to the CCAMLR within three months of the vessel departing these fisheries; (g) all relevant tag data, any data recording tag recaptures and specimens from recaptures shall also be reported electronically in the CCAMLR format to the relevant regional tag data repository as detailed in the CCAMLR Tagging Protocol.

2 Toothfish that is tagged and released shall not be counted against the catch limits.’

1 In the event that the master of a licensed fishing vessel sights a fishing vessel within the Convention area, the master shall, where possible, 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 his Flag State as soon as possible. The Flag State shall submit to the CCAMLR Secretariat any such reports if the sighted vessel is engaged in IUU activities according to CCAMLR standards.’

1 Without prejudice to the primacy of the responsibility of the Flag State, Member States shall take appropriate measures, subject to and in accordance with their applicable laws and regulations, to: (a) verify if any natural or legal persons subject to their jurisdiction are engaged in IUU activities as described in Article 28; (b) take appropriate action in response to any verified activities referred to in point(a); and (c) cooperate for the purpose of implementing the measures and actions referred to in point(a). To this end, relevant agencies of Member States may cooperate to implement CCAMLR conservation measures and seek cooperation by industries within their jurisdiction.

2 Member States shall submit reports to the CCAMLR Secretariat and the Contracting Parties and Non-Contracting Parties cooperating with CCAMLR, for the purpose of implementing the Catch Documentation Scheme for Dissostichus spp., on the actions and measures taken in accordance with paragraph 1, in a timely fashion, with a copy to the Commission, in order to assist with the implementation of this conservation measure.’

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.