28Responsibilities in respect of approved VMS unit

28 Responsibilities in respect of approved VMS unit

[Rule 28 Substituted by S.R. 2023, No. 98, Applied:08 Jan 2024]

(1)  The supervisor of a fishing licence (vessel) who becomes aware that an approved VMS unit, fitted to the vessel operated under the licence, is not operational –

(a) must ensure that a fisheries officer is immediately notified that the approved VMS unit is not operating; and

(b) must immediately cease to fish from the vessel operated under the licence; and

(c) upon ceasing to fish, must not resume fishing from the vessel operated under the licence until –

(i) all approved VMS units fitted to the vessel are operational; or

(ii) the supervisor of the fishing licence (vessel) is authorised under subrule (3) to continue to fish; or

(iii) the licence is endorsed with an exemption under rule 27 .

Penalty:  Grade 3 penalty.

(2)  The supervisor of a fishing licence (vessel) who becomes aware that an approved VMS unit, fitted to the vessel operated under the licence, is not operational may –

(a) seek authorisation from a fisheries officer to continue fishing from the vessel operated under the licence; and

(b) if so authorised, continue to fish in accordance with that authorisation.

(3)  If the supervisor of a fishing licence (vessel) seeks authorisation to continue fishing under subrule (2) , a fisheries officer may authorise such fishing, subject to any terms or conditions that the officer thinks fit.

(4)  If authorisation is given under subrule (3) , the supervisor of the fishing licence (vessel) must comply with any terms and conditions specified in the authorisation.

Penalty:  Grade 3 penalty.