6 Fisheries conservation in Antarctic
waters
| (24880)
11146/03
COM(03) 384
| Amended draft Council Regulation laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources.
Amended draft Council Regulation laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources.
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| Legal base | Article 37 EC; QMV
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| Document originated | 1 July 2003
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| Deposited in Parliament | 19 September 2003
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 7 October 2003
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
6.1 Fisheries conservation in Antarctic and sub-Antarctic waters
is regulated by the Convention for the Conservation of Antarctic
Marine Living Resources (CCAMLR), which is an important part of
the Antarctic Treaty System. The European Community has been a
Contracting Party to the Convention since 1981 and is required
to transpose the measures for the conservation and management
of fish stocks provided for in the Convention into Community
law. These measures include numerous rules on the technical specifications
applicable to fishing activities, most of which have been transposed.[8]
Arrangements for the control of fishing activities were transposed
in 1990[9] with the application
of a system of inspection at sea and scientific observation on
board, mainly for the purpose of evaluating stocks.
The proposed Regulations
6.2 The two relevant Regulations need to be updated to bring them
into line with the amendments to CCAMLR measures which have been
adopted by CCAMLR over the last five years. Some limits and prohibitions
on catches have already been transposed as part of the annual
TACs[10] and quotas exercise.
For the sake of clarity, the technical and observation measures,
and those for the control of fishing, have been drawn up in two
separate Regulations.
PROPOSED REGULATION LAYING DOWN CERTAIN TECHNICAL MEASURES
6.3 Major changes have been made by CCAMLR to the technical measures
in Regulation 66/98. These relate to:
- the use of certain types of fishing gear, such as longlines,
pots and trawls. Certain types of equipment regarded as harmful
to the environment will be banned, and measures will be specified,
aimed at reducing the harmful effect of fishing on species such
as seabirds, which suffer incidental mortality from longline fishing,
and marine mammals.
- mesh sizes; and
- the scientific observer scheme.
PROPOSED REGULATION LAYING DOWN CERTAIN CONTROL MEASURES
6.4 In 1999, the Community regulations on control
measures in the Convention area were augmented by a new Regulation,[11]
which has since been modified several times. In 2002, specific
procedures were introduced to identify, and take measures relating
to, vessels of Non-Contracting Parties, as well as those of Contracting
Parties, engaging in Illegal, Unregulated and Unreported (IUU)
fishing activities in the Convention Area.
6.5 The Commission proposes that the three Regulations
mentioned above should be repealed and replaced by a single Regulation
which brings together the special provisions for the control of
fishing activities arising from the Community's obligations as
a Contracting Party. It covers access to fishing activities in
the Convention Area, the data reporting system, control and inspection
measures and vessels engaged in IUU fishing in the Convention
Area.
THE CCAMLR COMMISSION
6.6 Members of the CCAMLR Commission include the
European Community and seven Member States — Belgium, France,
Germany, Italy, Spain, Sweden and the United Kingdom. Finland,
Greece and the Netherlands are Acceding States, that is, observers,
to the Convention.
The Government's view
6.7 The Minister of State at the Foreign and Commonwealth
Office (Mr Bill Rammell) says that
"As an active and committed participant in the
Antarctic Treaty System, of which CCAMLR is part, the United Kingdom
is concerned to ensure the long-term conservation of fish and
other living marine resource stocks in the entire CCAMLR area.
The Regulations will update measures to safeguard long-term conservation
of stocks of Toothfish, Icefish, Krill and other target species
in the Convention area, including in the Maritime Zone of the
UK Overseas Territory of South Georgia and the South Sandwich
Islands. The United Kingdom therefore supports the draft Regulations
in general terms".
6.8 The Minister comments that there is no clear
timetable but that discussion of the proposals were expected to
start soon. These and other conservation measures would be reviewed
at the annual meeting of the CCAMLR Commission in late October.
Conclusion
6.9 Although the Minister says that the UK already
implements the obligations laid down in the proposed "Regulation"
— presumably he means both proposals — we have several
questions to put to him on the effectiveness of the measures and
what the EU is doing to promote the achievement of these objectives
of the Convention for the Conservation of Antarctic Marine Living
Resources (CCAMLR).
6.10 We ask the Minister:
- Why has it taken so long
for these amendments to the CCAMLR measures to be brought forward
by the European Commission?
- Is there any reason to believe that any Member
State is in breach of the measures which are already in place?
Do such breaches include vessels fishing under flags of convenience,
but captained by Member State nationals? What measures are being
taken to apply sanctions in Community waters to Community vessels,
in the event that these are found guilty of fishing illegally
in the Convention Area?
- How effective does the Government expect the
amended Regulation to be in relation to enforcement of IUU (Illegal,
Unregulated and Unreported) fishing in the Convention Area?
- What pressure is being put on Indonesia, Hong
Kong and Singapore, as well as other countries where vessels of
non-Contracting Parties are able to sell fish into the black market?
Where else is illegally caught fish being "laundered"?
- Should the EU be more active in encouraging
non-Contracting Parties to contract?
- What other action could the EU be taking to
promote the achievement of the CCAMLR objectives and to persuade
others to adopt its best practice, particularly as regards the
use of longlines, where we understand that good results are being
achieved?
8 By enacting Council Regulation (EC) No.66/98 of
18 December 1997 and repealing Regulation (EC) NO.2113/96. Back
9
Council Regulation (EEC) No.3943/90 of 19 December 1990. Back
10
Total Allowable Catches. Back
11
Council Regulation (EC) No. 1721/1999 of 29 July 1999. Back
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