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.

SC-CAMLR and its working groups have previously identified the lack of review of scientific research conducted within the CCAMLR Area as a key issue. At the 2007 CCAMLR meetings, there was agreement that Conservation Measure 24-01 should be reviewed to ensure that it is consistent with its intended purpose. Furthermore, SC-CAMLR agreed that if surveys are to be approved under this measure, they must provide a reasonable certainty that the state of knowledge will be advanced, and as such all notifications which propose taking toothfish should be required to forward research proposals to WG-FSA for review. Noting the recommendations of SC-CAMLR Australia proposes that revisions be made to Conservation Measure 24-01 to ensure that: • Scientific research proposals for vessels using long line gear and taking more than one (1) tonne of Dissostichus spp. would be subject to review by SC-CAMLR; • Scientific research proposals for vessels using trawl gear and pots and taking more than ten tonnes of Dissostichus spp. would be subject to review by SC-CAMLR; • Scientific research proposals for vessels using fishing gear other than specified and taking more than zero (0) tonnes of Dissostichus spp. would be subject to review by SC-CAMLR; • Scientific research proposals for vessels taking more than ten tonnes of Champsocephalus gunnari would be subject to review; • Summary results are made available to all Members via the Member-only part of the CCAMLR website, and full reports are submitted to SC-CAMLR, the results of which are considered by the Committee and its working groups; and • Conservation Measure 10-04 (Automated satellite-linked Vessel Monitoring Systems) applies to scientific research undertaken in the CCAMLR Area.

Australia has identified three general improvements to conservation measures that would assist the operation of CCAMLR in meeting its overall objectives. In summary Australia recommends that: o Conservation Measure 10-02 paragraph 4(x) specify that high quality photographs must be submitted; o the IUU Vessel Lists include all subsequent sightings or IUU related activities of listed vessels by amending Conservation Measure 10-06 paragraph 16 and Conservation Measure 10-07 paragraph 20; and o a sentence be added to Conservation Measure 10-03 paragraph 1 specifying that the term fishing vessel includes mother ships and any other vessels involved in the commercial exploitation of living marine resources.

At CCAMLR XXVI there was significant discussion in the Commission regarding a notification to conduct pair trawling operations in the krill fisheries in the 2007/08 season. During the discussion it was suggested that as the pair trawling method had not previously been used in the CCAMLR Area and there were no established data collection and analysis methods, the use of pair trawling in the CCAMLR Area constituted a new fishery. To clarify the CCAMLR requirements with regards to new fishing gear, and to ensure a clear and consistent approach to all CCAMLR fisheries, Australia proposes that a footnote be attached to the section on “Fishing technique” in Annex A of Conservation Measure 21-03 such that a krill fishing notification using new fishing gear should be notified under Conservation Measure 21-01.

Australia is encouraged by the willingness of Members to support the orderly and precautionary development of the krill fishery as it continues to expand. Currently Contracting Parties as well as Members are able to participate in krill fisheries. This is different to the approach taken by the Commission for new and exploratory fisheries as only Members can participate in these fisheries. To ensure a consistent approach to the management of CCAMLR fisheries (which CCAMLR is currently seeking to achieve) and the best regulation possible to achieve the orderly and precautionary development of the krill fishery, Australia recommends that Conservation Measure 21-03 be amended so that it only applies to Members.