Government of South Georgia & the South Sandwich Islands

South Georgia & the South Sandwich Islands

Office of the Commissioner Government House, Stanley, Falkland Islands.

KRILL LICENSING 2017 INFORMATION FOR APPLICANTS

1. Background

1.1. The South Georgia & the South Sandwich Islands Maritime Zone (SGSSIMZ) is within the area covered by the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), to which the United Kingdom is a contracting party. Accordingly fisheries in the Maritime Zone are managed under the auspices of CCAMLR. It is a condition of every licence that all applicable CCAMLR Conservation Measures (CMs) must be adhered to. The Government of South Georgia & the South Sandwich Islands (GSGSSI) requires that certain additional conditions are also complied with, details of which are provided below.

1.2. GSGSSI's principal fisheries management objectives are to regulate fishing in the Maritime Zone so as to conserve fish stocks and other marine living resources, in line with Article II of CCAMLR, and to maintain safe and sustainable fisheries. As part of these objectives GSGSSI is committed to maintaining, and raising where practicable, the standards of management, research and operation in all its fisheries.

1.3. The krill fishing season in the SGSSI MZ will be open from 1 April until 31 October 2017. Licences will only be issued for krill fishing activities in the area of the SGSSI MZ to the north of 60 degrees south.

1.4. The main legislation governing the management of the fisheries in the Maritime Zone is the Fisheries (Conservation and Management) Ordinance 2000 as amended (the FCMO), which is available on the GSGSSI website at: www.gov.gs.

1.5. The SGSSI Marine Protected Area (MPA) was established in February 2012. The protection measures are set out in the MPA management plan and established in law through the Marine Protected Areas Order 2013. All fishing operations must comply with the requirements of the MPA.

1.6. Please note that SGSSI is remote. The limited medical facilities at King Edward Point provide medical cover for station personnel only, except in cases of emergency. Vessels should therefore ensure they are self-sufficient in the provision of medical support.

2. Quota and fees for the 2017 Season

2.1. CCAMLR has set a catch limit of 279,000 tonnes of krill in CCAMLR Subarea 48.3 (South Georgia waters) and 93,000 tonnes for Subarea 48.4 (South Sandwich Islands). See CCAMLR Conservation Measure 51-07 (2016) for details.

Email: [email protected] Tel: (500) 28214 Facsimile: (500) 22811

KRILL 2017 INFORMATION FOR APPLICANTS

2.2. For the 2017 season there will be a single licence approval fee of £10,000 to fish for krill in Subareas 48.3 and 48.4. There will be a monthly access fee applied for fishing in each Subarea separately. The first month of access will be charged at £55,890. Subsequent months of access will be charged at £63,960. Immediately following any full month of access, the Director of Fisheries will consider extensions to access for two-week periods, which will be charged at £31,980. Fees must be paid before fishing commences (subject to licensing inspections at King Edward Point). Late payment will result in the suspension of the licence until payment has been made.

2.3. GSGSSI reserves the right in future licensing rounds to distribute the amount of catch that can be taken from any specific area within the SGSSI MZ in a more precautionary manner.

3. Application and Licensing Procedures

3.1. The deadline for applications is the close of business (1630hrs GMT-3) on 20 March 2017. Applications should be submitted by email to the Director of Fisheries ([email protected]).

3.2. Vessels that have properly notified CCAMLR of their intention to fish in Subarea 48.3 / 48.4 are eligible to apply. Applications should consist of a completed application form (available from the GSGSSI website), plus all the required supporting documentation. The form and all supporting documentation must be in English (or with English translation attached). Applicants should indicate for which subarea(s) they are applying (Subarea 48.3 and/or Subarea 48.4), when they wish to commence fishing, and the subsequent periods they are likely to fish.

3.3. Applicants should support statements with documentary evidence from previous seasons. Applicants who have not fished, or who have not fished recently, in the SGSSI MZ should provide verifiable evidence of their performance in other fisheries.

3.4. Every effort will be made to inform applicants of the outcome of their application by 31 March 2017, providing applications are received by 20 March. Applicants must promptly provide such further information or other assistance as the Director of Fisheries may reasonably require. If requested information or assistance is not provided, the Director shall be entitled to disregard the application. Notification of unsuccessful applications will include reasons why the application was not successful.

3.5. Vessels that have properly notified CCAMLR of their intention to fish in Subarea 48.3 / 48.4, but failed to apply by the 20 March closing date can apply at a later date; such late applications would need to allow 21 days for their licence application to be processed and will be subject to a higher licence approval fee of £20,000.

3.6. All information will be treated as commercially confidential, unless it is already in the public domain.

3.7. For an application to be considered a number of mandatory criteria must be met and documentation provided at the time of application. These are set out in the Application Form. Incomplete applications will not be considered. - 2 -

KRILL 2017 INFORMATION FOR APPLICANTS

3.8. Following an assessment of applications, the Director of Fisheries will consult the Commissioner on the list of applicants. The Director of Fisheries will then allocate licences to vessels in accordance with any foreign policy advice received from the Secretary of State.

3.9. Ordinarily all communications between the Director of Fisheries and the Secretary of State are confidential.

3.10. A licence is granted subject to meeting the requirements of the Licence Conditions (Annex A) and passing a mandatory pre-fishing inspection at King Edward Point.

3.11. In accordance with the FCMO the Director of Fisheries is responsible for the administration of the FCMO and retains discretion in relation to applications for licences, the assessment of applications and the conditions that may be applied to licences.

3.12. The Director of Fisheries reserves the right to exclude a vessel on the following grounds:

(a) the vessel is or has been involved in illegal, unregulated, or unreported fishing ("IUU", see Annex C for definition of the terms);

(b) the owner, charterer or Master of the vessel is, or includes, at the time of the application (or will be, or will include, when the vessel is in the maritime zone), one of the following:

i. a company, individual, or other entity which is or has been involved in IUU fishing; or

ii. a company, individual, or other entity, any associate (see Annex C for definition) of which is or has been involved in IUU fishing.

In determining these matters, the Director may take into account information concerning IUU activities provided by CCAMLR Contracting Parties or the CCAMLR Commission, including, but not limited to, the list of vessels involved in IUU fishing which is maintained by the Commission.

3.13. If the GSGSSI, or the UK Government, is owed money by a debtor in connection with a matter related to the management of any SGSSI fishery including, but not limited to, quota/access fees or damages, costs, or a fine awarded by a Court or arbitral tribunal in respect of a SGSSI fishery-related case, it is likely that this will preclude the granting of a licence to a vessel which is or which will be when in the SGSSI MZ owned, chartered or operated whether solely or jointly by the debtor or by any associate thereof. However, before deciding whether to refuse a licence on this ground the Director of Fisheries will give the debtor, and the owner, charterer and operator if different, an opportunity to make representations in support of the application of a licence that they wish the Director to consider.

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4. Licence Conditions

4.1. Every licence is subject to a number of Licence Conditions set out in Annex A. These relate to:

• conditions while fishing in the Maritime Zone and subject to pre-fishing inspection at King Edward Point (Annex A: Section 1); • additional conditions while fishing in the Maritime Zone (Annex A: Section 2).

4.2. The purpose of the pre-fishing inspection at King Edward Point is to satisfy the Government Officer that the vessel is equipped to:

1. comply with all relevant CCAMLR CMs; and

2. comply with all relevant conditions of the licence.

4.3. A licensed vessel is granted access to the fishery subject to meeting the Licence Conditions. Compliance with the Licence Conditions is required throughout the season.

4.4. If a vessel fails the pre-fishing inspection the licence will be not be granted.

4.5. Vessels are required to give 72 hours notice of their intention to fish in SGSSI MZ.

4.6. Conditions for vessels discharging and receiving during transhipping are set out in Annex B.

4.7. GSGSSI requires a CCAMLR International Scientific Observer (from a different flag state to that of the vessel and designated in accordance with the CCAMLR System of International Scientific Observation) on every vessel for the 2017 South Georgia krill fishing season.

4.8. GSGSSI will be continuing its “Roaming Observer” programme in 2017. This will be a CCAMLR designated UK observer (who may be male or female), who will likely be on board for a minimum of two weeks in addition to the CCAMLR International Scientific Observer.

4.9. Applicants are reminded that under the FCMO the vessel's owners and charterers are liable to prosecution if any of the licence conditions are breached.

4.10. Licences may be subject to further conditions. Licence holders will be notified of any such conditions.

5. Further Information

Additional information on VMS, the South Georgia & the South Sandwich Islands Marine Protected Area, relevant CCAMLR Conservation Measures, fishing seasons, and definitions of terms used in this document are provided in Annex C. The information included in Annex C is valid for the 2017 season. GSGSSI science and research priorities are listed in Annex D. Vessels will be asked to assist in the delivery of these.

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ANNEX A KRILL FISHERY LICENCE CONDITIONS

Section 1: Conditions while fishing in the Maritime Zone and subject to pre-fishing inspection at King Edward Point The following conditions must be met at the time of vessel pre-season inspection at KEP and remain valid throughout the time in the SGSSI Maritime Zone. A vessel, for which an application is being made, must: 1. be included in the list of vessels that have notified their intent to participate in the krill fishery in Subarea 48.3 or 48.4 submitted to CCAMLR under Conservation Measure 21-03 (2016); 2. be flagged to the CCAMLR Member State which notified the vessel’s intent to participate in a krill fishery, submitted to CCAMLR under Conservation Measure 21-03 (2016); 3. have a licence from that Flag State to fish for krill in Subarea 48.3 or 48.4 (as appropriate) valid for so long as it is intended that she shall be in the Maritime Zone. (Any change of Flag State must be notified to the Director of Fisheries); 4. be compliant with the provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977. A statement from the UK Maritime and Coastguard Agency (MCA) or an MCA-approved inspector should be provided to confirm compliance with Torremolinos Protocol. If such a statement is not provided GSGSSI can arrange for an inspection to be undertaken at additional cost; 5. (for Subarea 48.4 applicants) have a minimum ice classification standard of ICE-1C (as defined in the Det Norske Veritas (DNV) Rules for Classification of Ships) or an equivalent standard of certification as defined by a recognised classification authority; 6. have an IMO number; 7. have a fluent English speaker on board and that English speaker must be identified to the Government Officer before the licensing inspection. If the fluent English speaker changes during the season the Government Officer must be informed immediately; 8. have a CCAMLR designated International Scientific Observer for whom a single-occupancy officer-standard cabin should be available. GSGSSI may wish to deploy a second observer or scientist. The second observer or scientist should have a single-occupancy officer-standard cabin. If such cabin is not available, the second observer could share a cabin with the primary observer as the only suitable alternative. 9. have sufficient life jackets for everyone (including the observer(s)) on board for as long as it is intended that she shall be in the Maritime Zone; all life-jackets must be in good condition, fitted with light (with batteries in date), whistle and reflective tape and be accessible in the event of an emergency; 10. have on board sufficient life raft or life-boat places on both port and starboard sides for every officer, crew member and observer(s) who will be on board for so long as it is intended that she shall be in the Maritime Zone;

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11. have sufficient immersion suits for everyone on board (including the observer(s)) for as long as it is intended that she shall be in the Maritime Zone; immersion suits must be in good condition and readily accessible in case of emergency; 12. have a minimum standard of workspace and equipment for the CCAMLR designated International Scientific Observer, including a motion compensated balance, to allow the observer to carry out his or her designated tasks. See Annex C for details; 13. have an operational and tamperproof Vessel Monitoring System (VMS) on board which conforms to the standards set out in this document (see Annex C, Section 1). VMS data must be transmitted at the required hourly rate. It is recommended that the vessel establish the VMS link with FISHOPS well in advance of the fishery commencing and that the vessel secures written email confirmation that VMS data is being transmitted satisfactorily. If your vessel requires a terminal number, a DNID application form must be completed and is available from the website www.gov.gs. 14. be equipped with an operational Class A Automatic Identification System (AIS); 15. have a pilot ladder which conforms to the standards set out in IMO Resolution A889 (21) for Pilot Ladders; 16. be marked in accordance with the FAO Standard Specifications for the Marking and Identification of Fishing Vessels; 17. have British Admiralty charts or their electronic equivalent: a. 3588 (Approaches to Stromness and Cumberland Bays); b. 3587 (Harbours and Anchorages in South Georgia); if intending to fish in Subarea 48.4; c. 3593 (South Sandwich Islands); d. 4213 (Scotia Sea); 18. have a full set of CCAMLR Conservation Measures for the appropriate season; 19. not import into the Territory or have in its possession any animal or part thereof, except as permitted under a fishing licence, which would constitute a breach of the Wildlife and Protected Areas Ordinance 2011.

Section 2: Additional conditions while fishing in the Maritime Zone In addition to conditions set out in Section 1, the following conditions will apply to all licensed vessels while operating in the Maritime Zone:

1. all relevant CCAMLR Conservation Measures (CMs) must be complied with (see Annex C). A copy of the most recent CMs should be onboard;

2. from the start of the season until their final departure from the South Georgia & the South Sandwich Islands Maritime Zone, all vessels must make VMS transmissions to the GSGSSI’s Fisheries Monitoring Centre in FISHOPS (FIG Fisheries Dept., Stanley) every hour and meet - 6 -

KRILL 2017 INFORMATION FOR APPLICANTS

minimum ALC (Automatic Location Communicator) requirements in line with CM10-04 (2015);

3. whilst fishing within the SGSSI MZ vessels must report their position to the GSGSSI Fisheries Patrol Vessel;

4. vessels must comply with all relevant GSGSSI and CCAMLR reporting requirements. These include, but are not limited to:

a. daily catch and position reports which must be made to the Government Officer at KEP. The GSGSSI daily reporting form has changed and instructions will be provided. This will include whale sightings (numbers and species), incidental catches, and vessel sightings;

b. daily vessel position reported which must be sent to the GSGSSI Fisheries Patrol Vessel whilst the vessel is fishing in the SGSSI MZ. Government Officers will provide details;

c. CCAMLR five-day catch and effort reporting that is required by CM 23-01, which must be submitted directly to CCAMLR;

d. CCAMLR monthly fine-scale catch and effort reporting, which must be recorded on the CCAMLR C1 form (C1v2015b) as required by CM 23-04. This must be submitted directly to CCAMLR and electronic logbooks should be submitted monthly to the Government Officers. These reports should include all catch including toothfish, other fish by-catch, any incidental catches, benthos and lost gear;

e. fine-scale biological data which must be collected and reported in accordance with the CCAMLR Scheme of International Scientific Observation. The observer should normally complete this requirement.

5. the vessel must be compliant with all conditions of the South Georgia & the South Sandwich Islands Marine Protected Area Order (2013);

6. no fishing, unless requested by GSGSSI for research purposes shall take place in the No-Take Zones within the South Georgia & the South Sandwich Islands Marine Protected Area (i.e. within 12 nm of South Georgia, Shag Rocks, Black Rock or Clerke Rocks or within 12 nm of each of the South Sandwich Islands);

7. all reasonable efforts must be made to facilitate the completion of the scientific research and biological sampling of the CCAMLR designated International Scientific Observer and GSGSSI Roaming Observer when on board;

8. communications between the observer(s) and vessel’s officers will ordinarily be in English;

9. Government Officers at KEP will communicate with the vessel to arrange for the GSGSSI Roaming Observer to be placed on board vessels;

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10. transhipments will only be permitted in accordance with the Fisheries (Transhipment and Export) Regulations 1990 (as amended) and must be consistent with CCAMLR CM 10-09 (2011). Details of the requirements are included in Annex B.

11. vessels fishing within the MZ of SGSSI are prohibited from dumping or discharging garbage. All garbage must be incinerated or stored on board for disposal on shore (not on South Georgia). The following is not permitted to be discarded at sea:

(i) oil or fuel products or oily residues into the sea, except as permitted under Annex I of 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 (including egg shells);

(v) sewage within 12 n miles of land, or sewage while the ship is travelling at a speed of less than 4 knots;

(vi) incineration ash.

12. be prepared to carry rodent monitoring boxes on the vessel. These boxes will be supplied by GSGSSI, put in place by the Government Officer, and must not be moved or tampered with in any way. If a rodent is detected on board the receiving vessel, the vessel may be required to leave South Georgia waters until the Director of Fisheries is satisfied that all rodents have been killed; 13. if the vessel is trialling the new net monitoring cable (Annex C Section 6), then all conditions of this trial are to be met; 14. the Director of Fisheries reserves the right to exclude a vessel on the following grounds: a. the vessel is or has been involved in illegal, unregulated, or unreported fishing (“IUU”, see Annex C for definition of the terms);

b. the owner, charterer or Master of the vessel is, or includes, at the time of the application (or will be, or will include, when the vessel is in the maritime zone), one of the following:

i. a company, individual, or other entity which is or has been involved in IUU fishing; or ii. a company, individual, or other entity, any associate (see Annex C for definition) of which is or has been involved in IUU fishing.

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KRILL 2017 INFORMATION FOR APPLICANTS

Commission.

15. if the GSGSSI, or the UK Government, is owed money by a debtor in connection with a matter related to the management of any SGSSI fishery including, but not limited to, quota/access fees or damages, costs, or a fine awarded by a Court or arbitral tribunal in respect of a SGSSI fishery-related case, it is likely that this will preclude the granting of a licence to a vessel which is or which will be when in the SGSSI MZ owned, chartered or operated whether solely or jointly by the debtor or by any associate thereof. However, before deciding whether to refuse a licence on this ground the Director of Fisheries will give the debtor, and the owner, charterer and operator if different, an opportunity to make representations in support of the application of a licence that they wish the Director to consider.

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KRILL 2017 INFORMATION FOR APPLICANTS

ANNEX B CONDITIONS FOR TRANSHIPMENTS AND APPROVED REEFER VESSELS

Transhipment of fish (including krill) and fish products is regulated under the Fisheries (Transhipment and Export) Regulations 1990 (as amended). A transhipment is the transfer of fish, krill or fishery products from one vessel to another. Two vessels transferring to a single receiving vessel is considered to be two separate transhipments. Transhipments are only permitted under a licence issued by the Director of Fisheries and such licences are subject to a number of conditions.

The general conditions of such licences are outlined below, but individual licences may be subject to further conditions.

General Licence Conditions and Procedures for Transhipments

1. Transhipments will only be permitted in Cumberland East Bay and only between licensed fishing vessels or between licensed fishing vessels and reefers or support vessels (receiving vessels) that have been approved by the Director of Fisheries. In order for a receiving vessel to be approved, vessel operators must submit an application form at least one week in advance of the first transhipment to that receiving vessel. Application forms are available on request from the Director of Fisheries ([email protected]) and on the GSGSSI website: www.gov.gs

2. Vessels transhipping within the MZ of SGSSI are prohibited from dumping or discharging garbage. All garbage must be incinerated or stored on board for disposal on shore (not on South Georgia). The following is not permitted to be discarded at sea:

(i) oil or fuel products or oily residues into the sea, except as permitted under Annex I of 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 (including egg shells);

(v) sewage within 12 n miles of land, or sewage while the ship is travelling at a speed of less than 4 knots;

(vi) incineration ash.

3. In order to be approved for transhipments the receiving vessel operator must confirm at the time of application that the receiving vessel will:

(a) have an IMO number;

(b) have British Admiralty charts 3588 and 3587 or their electronic equivalent on board;

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Convention on the Removal of Wrecks. Such certificates can be obtained from the UK Maritime and Coastguard Agency;

(d) have a safety certificate from the Flag State valid for so long as it is intended that she shall be in the Maritime Zone;

(e) have a Ship’s Sanitation Certificate that is valid for so long as it is intended that she shall be in the Maritime Zone;

(f) a fire plan for the vessel;

(g) be equipped with an operational Class A Automatic Identification System (AIS); (h) have a pilot ladder which conforms to the standards set out in IMO Resolution A889 (21) for Pilot Ladders; (i) carry rodent monitoring boxes on the vessel. These boxes will be supplied by GSGSSI, put in place by the Government Officer and must not be moved or tampered with in any way. If a rodent is detected on board the receiving vessel, the vessel may be required to leave South Georgia waters until the Director of Fisheries is satisfied that all rodents have been killed. All documentation will be checked in Cumberland East Bay prior to a transhipment licence being issued.

4. Vessel operators will be informed in writing by the Director of Fisheries when a receiving vessel has been approved. Such approval will be valid for the duration of the fishing season, providing that all the required certificates remain valid.

5. Vessel operators must notify CCAMLR at least 72 hours in advance of any transhipment in accordance with CCAMLR CM 10-09 (2011). Any such notification must be copied to the Government Officers at King Edward Point. Transhipment will not be permitted to commence until the 72 hours have elapsed.

6. Vessel operators must complete an application for a licence for each individual transhipment to an approved receiving vessel. Application forms are available on request from the Director of Fisheries ([email protected]) or the Government Officers at King Edward Point ([email protected]).

7. The licence fee for each transhipment is £2000. Fees will be applied to the discharging vessel.

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ANNEX C ADDITIONAL INFORMATION

1. SPECIFICATIONS FOR VESSEL MONITORING SYSTEM

In addition to CCAMLR CM 10-04 (2015), all fishing vessels must transmit VMS data every hour while the fishing vessel is operating in the SGSSI MZ.

Fishing vessel masters, owners, charterers or their authorised representatives whose fishing vessel is subject to this conservation measure, shall ensure that the ALC on board their fishing vessel transmits VMS data to the Flag State while the vessel is in the Convention Area. Fishing vessel masters, owners, charterers or their authorised representatives shall ensure that:

1. the ALC is not tampered with in any way; 2. VMS data are not altered in any way; 3. the antennae connected to the ALC is not obstructed in any way; 4. the power supply of the ALC is not interrupted in any way; and 5. the ALC is not removed from the vessel except for the purposes of CM 10-04 paragraph 9.

The ALC must have: 1. all components sealed by the manufacturer; or 2. official seals, individually identified with unique serial numbers, applied to any bridge or antennae component that alone, or in conjunction with another component, transmits data. 3. an alternate power unit, to act as a backup in case of failure of the main power, to enable the ALC to continue to meet the transmission requirements of paragraph 2 of this conservation measure.

VMS transponders on vessels which intend to fish in the South Georgia Maritime Zone should meet the following criteria:

1. Internal GPS Static Unique Identifier 2. Internal connections to GPS and satellite communications antennas 3. Internal power connection 4. Internal backup battery 5. Physical seals for unit and bulkhead connections 6. Solid state memory capable of storing the following events and forwarding them on resumption of service. a. Power cut b. Power on / power off c. Loss of GPS signal d. Loss of communications signal e. Unit opened (intrusion alarm) f. History of position information

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2. THE SOUTH GEORGIA & THE SOUTH SANDWICH ISLANDS MARINE PROTECTED AREA As part of the provisions of South Georgia & the South Sandwich Islands Marine Protected Area the following areas are closed to krill fishing.

(a) Twelve nautical mile no-take zone around Shag Rocks and Black Rock.

(b) Twelve nautical mile no-take zones around South Georgia and Clerke Rocks.

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3. CCAMLR CONSERVATION MEASURES APPLICABLE TO THE FISHERY Conservation measures that apply to this fishery include (but are not limited to):

CM 10-01 (2014) Marking of fishing vessels and fishing gear.

CM 10-02 (2016) Licensing and inspection obligations of Contracting Parties with regard to their flag vessels operating in the Convention Area.

CM 10-03 (2015) Port inspections of vessels carrying toothfish.

CM 10-04 (2015) Automated satellite-linked Vessel Monitoring Systems (VMS).

CM 10-09 (2011) Notification system for transhipments within the Convention Area.

CM 21-03 (2016) Notifications of intent to participate in a fishery for Euphausia superba

CM 23-02 (2010) Ten-day Catch and Effort Reporting System.

CM 23-03 (2016) Monthly Catch and Effort Reporting System.

CM 23-06 (2012) Data Reporting System for Euphausia superba Fisheries.

CM 25-03 (2016) Minimisation of the incidental mortality of seabirds and marine mammals in the course of trawl fishing in the Convention Area.

CM 26-01 (2015) General environmental protection during fishing.

CM 31-02 (2007) General measure for the closure of all fisheries.

CM 32-02 (2012) Prohibition of directed fishing.

CM 51-01 (2010) Precautionary catch limitations on Euphausia superba in Statistical Subareas 48.1, 48.2, 48.3 and 48.4.

CM 51-06 (2016) General measure for scientific observation in fisheries for Euphausia superba.

CM 51-07 (2016) Interim distribution of the trigger level in the fishery for Euphausia superba in Statistical Subareas 48.1, 48.2, 48.3 and 48.4.

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4. DEFINITIONS

Associate

1. A person is an associate of an individual if that person is– a. the individual's husband or wife or civil partner, b. a relative of– i. the individual, or ii. the individual's husband or wife or civil partner, or c. the husband or wife or civil partner of a relative of– i. the individual, or ii. the individual's husband or wife or civil partner.

2. A person is an associate of any person with whom he is in partnership, and of the husband or wife or civil partner or a relative of any individual with whom he is in partnership; and a Scottish firm is an associate of any person who is a member of the firm.

3. A person is an associate of any person whom he employs or by whom he is employed.

4. A person in his capacity as trustee of a trust, other than a pension scheme or an employees' share scheme, is an associate of another person if the beneficiaries of the trust include, or the terms of the trust confer a power that may be exercised for the benefit of, that other person or an associate of that other person.

5. A company is an associate of another company— a. if the same person has control of both, or a person has control of one and persons who are his associates, or he and persons who are his associates, have control of the other, or b. if a group of two or more persons has control of each company, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person of whom he is an associate.

6. A company is an associate of another person if that person has control of it or if that person and persons who are his associates together have control of it.

Notes:

1. A person is a relative of an individual if he is that individual's brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, treating—

a. any relationship of the half blood as a relationship of the whole blood and the stepchild or adopted child of any person as his child, and

b. an illegitimate child as the legitimate child of his mother and reputed father.

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2. Any director or other officer of a company is to be treated as employed by that company. 3. A person is to be taken as having control of a company if— a. the directors of the company or of another company which has control of it (or any of them) are accustomed to act in accordance with his directions or instructions, or b. he is entitled to exercise, or control the exercise of, one third or more of the voting power at any general meeting of the company or of another company which has control of it; and where two or more persons together satisfy either of the above conditions, they are to be taken as having control of the company.

4. “Company” includes any body corporate (wherever incorporated); and references to directors and other officers of a company and to voting power at any general meeting of a company have effect with any necessary modifications.

Illegal fishing refers to fishing activities:

1. conducted by national or foreign vessels in waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations;

2. conducted by vessels flying the flag of States that are parties to a relevant regional fisheries management organization but operate in contravention of the conservation and management measures adopted by that organization and by which the States are bound, or relevant provisions of the applicable international law; or

3. in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organisation.

Unreported fishing refers to fishing activities:

1. which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or

2. undertaken in the area of competence of a relevant regional fisheries management organisation which have not been reported or have been misreported, in contravention of the reporting procedures of that organisation.

Unregulated fishing refers to fishing activities:

1. in the area of application of a relevant regional fisheries management organisation that are conducted by vessels without nationality, or by those flying the flag of a State not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organisation; or

2. in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law.

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5. SCIENTIFIC OBSERVER WORK STATION REQUIREMENTS

All vessels must have wet and dry workstations and equipment suitable for the scientific observer to carry out their work; an example is shown below. The workstations must include;

1. A wet workbench with a minimum size of approximately 170cm length, 60cm wide, 85cm tall for measuring krill. An example is shown in Photo 1.

2. A conveniently located dry workbench for monitoring by-catch. It should be dry, with a non- slip area suitable for a laptop, microscope and balance. An example is shown in Photo 2.

3. The dry workbench should have a motion compensated balance for weighing by-catch samples. The balance should weigh up to at least 500g, and measure at increments of 0.5g or less.

4. Wet and dry workbenches should have good lighting and access to fresh water.

Photo 1: Example of wet workbench Photo 2: Example of dry workbench with motion compensated balance

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KRILL 2017 INFORMATION FOR APPLICANTS

6. CONDITIONS FOR USE OF TRIAL NET MONITORING CABLES

The CCAMLR Scientific Committee noted discussions during WG-EMM (WG-EMM Annex 6, paragraphs 2.23 to 2.25) and WG-FSA (WG-FSA Annex 7, paragraphs 6.46 to 6.49) introducing a new design for the use of a net monitoring cable in the trawl fishery (as described in WG-FSA-16/38, Figure 1 below).

It noted that evolution of technology now presented advantages in the use of a net-monitoring cable such as much finer control over the fishing gear and the opportunities for increasingly sophisticated net monitoring activities.

The Scientific Committee recommended that a one-season trial be carried out with the proposed design on any krill trawl vessel using a net monitoring cable, and that results of these trials be reported to the Scientific Committee to further evaluate the safety of the use of this cable. The following conditions are required during the trial, in order to monitor and mitigate potential interactions with seabirds and marine mammals:

• 100% observer coverage for the trial vessel(s) • the use of a camera monitoring system that records the full aerial length of the cable and the seaward entry point • the observer(s) conduct IMAF observations on the net monitoring cable twice daily, following the current standard warp strike observer protocols outlined in the SISO krill logbook instructions • the mandatory use of two streamer lines consistent with the objectives of CM 25-02, Annex 25-02/A, paragraph 1 • the ‘snatch block’ (WG-FSA-16/38) should be set so that the distance from the stern of the vessel to the point where the net monitoring cable enters the water is less than 2 m • that if there are more than three (3) ‘heavy’ bird strikes (www.ccamlr.org/node/74769) on the net monitoring cable, recorded during the warp strike protocol observations then the vessel will remove the cable, this number of birds being consistent with the mitigation measures given in CMs 41-03 to 41-11.

The Scientific Committee recommended that the observers provide details of the system and effectiveness of protocols, including safety implications, in their cruise reports and this information be provided to WG-FSA. While the standardised protocols outlined are to be applied at the beginning of the trial, the Scientific Committee considered that observers should have the ability to adapt protocols, if required, to ensure effective data collection and safety are not compromised.

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KRILL 2017 INFORMATION FOR APPLICANTS

Figure 1: Intended bird-strike free rigging of the net monitoring cable

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KRILL 2017 INFORMATION FOR APPLICANTS

ANNEX D Krill fishery science and sustainability research themes 2017

This describes the current ‘research themes’ that are priority for GSGSSI’s long-term strategy for sustainable fishing. Some of these will be a continuation of past programmes. We also welcome new ideas from the fishing industry.

1. Conversion factor analysis

WG-EMM is developing a protocol for the measurement of krill conversion factors for each vessel and each method of processing, in order to determine the total catch of krill taken in CCAMLR. Substantial differences between vessels and methods of application have already been recorded and as yet the protocol for calculations of catch weight have yet to be agreed. The observer(s) will be tasked with conducting additional conversion factor analysis of all krill products, for greater consistency throughout all CCAMLR krill fisheries.

2. Improved identification of larval and juvenile fish by-catch

The estimation and identification of finfish by-catch is still an uncertain issue. Successful estimation of juvenile finfish by-catch quantities in particular has wider effects on the assessments of stock status for the finfish stocks in this Subarea. Observers will be tasked with colleting data to better understand larval and juvenile finfish identification. The roaming observer will co-ordinate this program between observers on all vessels.

3. Passive acoustic data gathering

With the move towards Feedback Management at WG-EMM 2015, vessels may conduct passive acoustic surveys prior, during and after their regular fishing activities in order to contribute to a better understanding of krill distribution and movements, with the aim to update the biomass estimates from 2000 in due course. GSGSSI would welcome operators to discuss such voluntary passive sampling acoustic survey designs with us.

4. Improvements to fishery standards

GSGSSI’s fishery management goals include reducing impacts on the wider environment. We would like to encourage industry-lead innovation in the areas of

- seabird by-catch mitigation - gear management - ‘green’ technology in fishing - improvements in waste management practices

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