25Approved VMS unit

25 Approved VMS unit

[Rule 25 Substituted by S.R. 2023, No. 98, Applied:08 Jan 2024]

(1)  The Secretary, by published notice, may determine –

(a) one or more makes, models or types of device to be used –

(i) in relation to a fishery; or

(ii) in relation to a type of licence under which a vessel is being operated; or

(iii) in relation to a type of activity being undertaken under the authority of a licence; and

(b) that one or more approved VMS units are required to be used on a vessel being operated in accordance with a licence in a fishery.

(2)  A notice published under subrule (1) is to specify the following matters:

(a) the manner in which each approved VMS unit make, model or type is to be used in a fishery, or in relation to a licence;

(b) any other matters relating to the use or maintenance of approved VMS units in a fishery, or in relation to a licence, that the Secretary considers necessary.

(3)  The Secretary may determine that the supervisor of a fishing licence (vessel), despite not otherwise being required by a VMS notice to use one or more approved VMS units on the vessel to which the fishing licence (vessel) relates, must use one or more approved VMS units on the vessel as if the vessel were subject to a VMS notice.

(4)  If a determination is made under subrule (3)  –

(a) the Secretary must notify, in writing, the supervisor of a fishing licence (vessel) to whom the determination applies that the supervisor is required to use one or more approved VMS units on the vessel to which the fishing licence (vessel) relates; and

(b) rule 26 applies to the vessel to which the fishing licence (vessel) relates as if the vessel were subject to a VMS notice.