CM41-01 encompasses general measures for exploratory fisheries targeting Dissostichus spp. within the Convention Area. While the classification of fisheries within Statistical Subareas and Divisions 48.6, 88.1, 88.2, 58.4.1, 58.4.2, and 58.4.3a as exploratory fisheries governed by CM 41-01 is evident, the application of CM41-01 to Subarea 88.3 poses confusion, particularly concerning the stipulations in paragraph 4 of Annex B.
Paragraph 2 of Annex B (Research Plan for Exploratory Fishery) provides that "This Plan applies to all small-scale rsearch units (SSRUs) as defined in Table 1 and Figure 1," and Table 1 notably includes SSRUs 88.3 A-D. However, scientific research conducted in Subarea 88.3 is categorized as a "research fishery" under CM24-01 and CM24-05 and also in the fishery notification scheme. These research activities adhere to Research Plans structured in accordance with CM24-01. Also, it is not quite clear whether or not the fisheries in 88.3 are exploratory fisheries as the area is designated so that no direct fishing is allowed.
This intricate interplay generates discrepancies in the implementation of the respective CMs, leading to inconsistencies and confusion. To address this, Korea proposes the introduction of a new paragraph in Annex B of CM 41-01, providing clarity that Research Plans aligned with CM 24-01 approved by the Commission shall take precedence over the provisions outlined in paragraph 4 of Annex B of CM 41-01. This proposed addition is outlined as paragraph 2bis in the track changes.