28ATemporary non-operation of approved VMS unit

28A Temporary non-operation of approved VMS unit

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

(1)  The Secretary may give written approval for the supervisor of a fishing licence (vessel) not to operate an approved VMS unit, fitted to the vessel operated under the licence, for a specified period of time in one of the following circumstances:

(a) during a closed season for a fishery to which the licence relates;

(b) if the vessel is undergoing maintenance that prevents its use;

(c) if the vessel remains at an approved location for more than 14 consecutive days and is not being used for any fishing;

(d) in any other circumstance that the Secretary considers appropriate.

(2)  An approval given under subrule (1) may be subject to any terms or conditions that the Secretary thinks fit, and, if so subject, the terms and conditions are to be specified in the approval.

(3)  An approval is not to be given under subrule (1)(a) if an approved VMS unit is fitted to a vessel for the purposes of operating the vessel under a licence in more than one fishery, unless all fisheries for which the approved VMS unit is required to be used are subject to a closed season.

(4)  If approval is given under subrule (1) , the supervisor of the fishing licence (vessel) must comply with any terms and conditions specified in the approval.

Penalty:  Grade 3 penalty.