26Requirements in relation to VMS notice

26 Requirements in relation to VMS notice

[Rule 26 Substituted by S.R. 2023, No. 98, Applied:08 Jan 2024]

(1)  A supervisor of a fishing licence (vessel) must not take fish from a vessel that is subject to a VMS notice unless –

(a) the vessel is fitted with each approved VMS unit required by the VMS notice and all such approved VMS units are operating; or

(b) the licence under which the fish are to be taken is endorsed in accordance with rule 27 in relation to the fishery in which the fish are taken or are intended to be taken; or

(c) the supervisor of the fishing licence (vessel) under which the fish are to be taken is authorised under rule 28(3) to continue to fish.

Penalty:  Grade 3 penalty.

(2)  The supervisor of a fishing licence (vessel) must ensure that a vessel operated under that licence in a fishery is operated in accordance with a VMS notice in respect of that licence or fishery, unless –

(a) the licence is endorsed in accordance with rule 27 in relation to that fishery; or

(b) the supervisor of the licence is authorised under rule 28(3) to continue to fish.

Penalty:  Grade 3 penalty.

(3)  A supervisor of a fishing licence (vessel), or a fishing licence holder, must not, in respect of a vessel subject to a VMS notice –

(a) cause or allow any alteration to the programming of an approved VMS unit on the vessel; or

(b) without the written approval of the Secretary –

(i) cause or allow any interference with an approved VMS unit on the vessel; or

(ii) cause or allow any interference with the installation of an approved VMS unit on the vessel; or

(iii) cause or allow an approved VMS unit to be removed from the vessel.

Penalty:  Grade 3 penalty.

(4)  does not apply to a person who alters, interferes with or removes an approved VMS unit in accordance with a direction of a fisheries officer acting in that capacity.