CCAMLR

During deliberations at CCAMLR XXV on revising the precautionary catch limit for krill in Statistical Division 58.4.2 Australia noted that while the scientific data supported an increase, such a large increase required the inclusion of other elements in the conservation measure to facilitate the orderly and precautionary development of the fishery. Australia considers that there are a number of compliance measures that have proven successful in managing the toothfish fisheries that are also applicable to the krill fishery to ensure that the expanding krill fishery continues to be consistent with the objective of the Convention. This paper outlines the applicable compliance measures that would allow this to occur, and provides justification for their inclusion. The paper recommends that from a compliance perspective, the following is required to ensure the orderly development of the krill fishery: o CM 10-03 (Port inspections of vessels carrying toothfish) be amended to also apply to the krill fishery. o CM 10-04 (Automated satellite-linked Vessel Monitoring System) be amended to also apply to the krill fishery. o Transhipment operations be overseen by the flag State, similar to the unloading of catches at port in CM 10-03 (Port inspections of vessels carrying toothfish). o Components of CM 21-02 (Exploratory fisheries) be applied to CM 21-03 (Notifications of intent to participate in a krill fishery). Australia considers that CCAMLR cannot meet its objective, nor can the orderly development and management of the krill fishery be achieved, unless the measures outlined above are adopted. This is in keeping with CCAMLR’s approach to the management of its fisheries, and Australia has every confidence that the Commission can adopt the necessary compliance measures for the krill fishery.

During deliberations at CCAMLR XXV on revising the precautionary catch limit for krill in Statistical Division 58.4.2 Australia noted that while the scientific data supported an increase, such a large increase required the inclusion of other elements in the conservation measure to facilitate the orderly and precautionary development of the fishery. Australia has this year submitted papers to the WG-EMM and SCIC which outline the scientific and compliance requirements that Australia considers critical to the orderly and precautionary development of the krill fishery. In summary Australia recommends that: o Krill stock surveys be undertaken in areas with no precautionary catch limits in order to establish a catch limit before fishing is prosecuted in these areas. o Small-scale management units be established to minimise localised impacts on krill predators prior to a threshold being reached. o A threshold capacity be established for the fishery relative to the catch limits (small or large scale spatial limits). o A program to monitor and observe krill catch and by-catch be developed. o Vessels carrying krill be subject to port inspections by amending CM 10-03 so that it applies to the krill fishery. o Transhipment operations be overseen by the flag State, similar to the unloading of catches at port in CM 10-03. o Krill fishing vessels be required to carry a VMS device onboard and automatically report their positions by amending CM 10-04 to apply to the krill fishery. o Components of CM 21-02 be applied to CM 21-03 so that more rigorous assessment of notifications of intent to fish for krill can be achieved. Australia considers that CCAMLR cannot meet its objective, nor can the orderly development of the krill fishery be achieved, unless the scientific and compliance requirements listed above are adopted as integral components of managing the krill fishery.

The CCAMLR System of Inspection was adopted in 1988 at a time when few such schemes existed and well before the challenges of large scale IUU fishing for toothfish. Since then, the Commission has progressively adopted a wide range of stronger and innovative conservation measures to combat IUU fishing for toothfish. To further strengthen and support these conservation measures, and as part of efforts to eliminate IUU fishing, Australia proposes that the Commission review its System of Inspection and strengthen it where appropriate to ensure its provisions complement current conservation measures, especially those adopted to combat IUU fishing. While much of the System's provisions remain appropriate for most circumstances, there are some aspects where improvements could be considered, including: ? placing greater onus on flag States to control their vessels; ? clarifying the responsibilities of the Masters of fishing vessels being inspected; ? increasing the timeliness of inspection reporting, especially in the case of a suspected breach of measures in force; ? providing an ability to promptly or immediately stop a CCAMLR Contracting Party-flagged vessel that is found to be in breach of a CCAMLR conservation measure; ? clear articulation that the System of Inspection also applies to CCAMLR Contracting Parties; and ? structural reorganisation to clearly identify roles and responsibilities. Proposed amendments to the System of Inspection are provided and Australia recommends that the Commission adopt these in order to strengthen their ability to verify compliance with CCAMLR conservation measures.

As shipping operations in Antarctic and sub-Antarctic waters increase over time there is a corresponding increase in the risk of a maritime emergency. A range of maritime emergencies has occurred over time, with the loss of lives and vessels; and maritime pollution events. Responding to a maritime emergency in Antarctica is limited by natural challenges, the remoteness of the region and the limited availability of suitably ice-rated response vessels. Vessel owners and operators must be aware of the dangers and risks of operating in Antarctic waters and be appropriately prepared. Australia proposes that the Commission amend Conservation Measure 10-02 to require minimum standards for vessels licensed to fish in the CCAMLR Area regarding suitable survival and communication equipment. A draft amendment to CM 10-02 is at Attachment A.

Two of CCAMLR’s exploratory fisheries for toothfish (Statistical Divisions 58.4.3a and 58.4.3b) permit fishing outside of the prescribed season so long as longline weighting protocols are complied with. For the purpose of determining whether licensed operators within the CCAMLR Area are compliant with these longline weighting protocols CM 24-02 (2005), Australia recommends that the Secretariat report, using the CCAMLR Members Only section of the CCAMLR website, longline sink rate compliance for vessels which fish outside the prescribed season. This will allow, among other things, for patrols to be undertaken efficiently and effectively as they will be able to know which fishing vessels are entitled to fish in which areas, and under which conditions. A draft amendment to CM 41-06 is provided for adoption. It is recommended that this text be included in all applicable conservation measures (ie CM 41-06 and CM 41-07).

This proposal recommends the adoption of a Conservation Measure to protect vulnerable marine ecosystems from bottom fishing activities that have significant adverse impacts on such ecosystems in the CCAMLR area.

A proposal is put forward to amend CCAMLR’s System of Inspection and remove some ambiguity as to which states must abide by this System. The proposed amendment clarifies that all Contracting Parties, whether Members of the Commission or not, are subject to the provisions contained therein.