Sea Fisheries (Vessel Monitoring
Systems) (Jersey) Regulations 2014
THE STATES, in pursuance of Articles 2, 8 and 29
of the Sea Fisheries (Jersey) Law 1994, and having consulted with and obtained the concurrence of the Secretary
of State, have made the following Regulations –
Commencement [see endnotes]
1 Interpretation
(1) In
these Regulations, unless the context otherwise requires –
“Community fishing boat”
means a fishing boat registered in a member State of the European Community
other than the United Kingdom;
“competent authority”
includes, without prejudice to the generality of that term in
Regulation 18 –
(a) an
authority responsible for issuing fishing licences and fishing
authorizations –
(i) in a member State
of the European Community, the name and address of such authority being
published on a website in accordance with Article 115(a) of the Control
Regulation, or
(ii) in
the Channel Islands or the Isle of Man;
(b) a
fisheries monitoring centre;
(c) a fishery officer;
“Control Regulation”
means Council Regulation (EC) No. 1224/2009
of 20th November 2009 establishing a Community control system
for ensuring compliance with the rules of the common fisheries policy
(OJ No. L 343 22.12.2009, p.1) [1] as amended and in force on the date that these Regulations are
made;
“fisheries
monitoring centre” has the same meaning as in Article 4(15) of the
Control Regulation and includes any equivalent centre acting in or for the Isle
of Man or any part of the Channel Islands and, where relevant, any equivalent
centre acting in a country or territory in which a third country fishing boat
is registered;
“required information”
means the data that must be transmitted in accordance with Regulation 6
or 14, as the case may be;
“satellite-tracking
device” means a device that sends the required information by way of
satellite and land earth station to a fisheries monitoring centre;
“SOLAS
Convention” means the International Convention for the Safety of Life at
Sea, 1974, as amended in accordance with –
(a) its
Protocol of 1988; and
(b) all
other amendments adopted by the Maritime Safety Committee of the IMO that are
in force before the date that these Regulations are made;
“third country fishing
boat” means –
(a) a
fishing vessel other than a Community fishing boat or a British fishing boat
registered in any country or territory; or
(b) an
auxiliary fishing vessel within the meaning of Article 9(6) of the Control
Regulation.
(2) In
these Regulations, a reference to a logbook, declaration, document or required
information includes a reference to –
(a) a
logbook, declaration, document or required information in writing; and
(b) a
logbook or declaration in electronic format or a document or required
information in a form or format described in paragraph (3).
(3) Paragraph (2)(b)
refers to –
(a) a
map, plan, graph or drawing;
(b) a
photograph;
(c) any
data, however reproduced, that is received by a fisheries monitoring centre
from a satellite-tracking device;
(d) a
disc, tape, sound track or other device in which sounds or other data (not
being visual aids) are recorded so as to be capable (with or without the aid of
some other equipment) of being reproduced from the device; and
(e) a
film (including microfilm), negative, tape, disc or other device in which one
or more visual images are recorded so as to be capable (with or without the aid
of some other equipment) of being reproduced from the device.
2 Fishing
boats to which these Regulations apply
(1) These
Regulations apply to a fishing boat that –
(a) is in
any waters that are inside the seaward limits of the territorial sea of Jersey;
and
(b) measures
12 metres or more in overall length.
(2) This
Regulation is subject to Regulation 3.
3 Exceptions
(1) These
Regulations do not apply to a fishing boat that –
(a) is
used exclusively for the exploitation of aquaculture; and
(b) is
operating exclusively inside the baselines from which the breadth of the
territorial sea of Jersey is measured.
(2) These
Regulations do not apply to a fishing boat that is used only for operations
that are conducted, under the authority of the Minister for the Environment,
for the purpose of scientific investigations.[2]
(3) These
Regulations do not apply to a fishing boat that is less than 15 metres in
overall length and –
(a) is a
Jersey fishing boat that operates exclusively in the territorial sea of Jersey;
(b) is a
British fishing boat that is exempt by its flag state from a requirement to be
fitted with a vessel monitoring system on the ground that it operates
exclusively within the territorial seas of its flag state; or
(c) is a
British or Community boat that is exempt from its flag state from the
requirement to be fitted with a vessel monitoring system on the ground that it
never spends more than 24 hours at sea from the time of its departure to
its return to port.
PART 2
BRITISH AND COMMUNITY
FISHING BOATS
4 Fishing
boats to which Part 2 applies
This Part applies
to –
(a) a
British fishing boat; and
(b) a
Community fishing boat.
5 Satellite-tracking
devices to be installed
(1) Except
as otherwise provided in Regulation 10(5), a fishing boat shall not leave
port without an operational satellite-tracking device installed on board.
(2) A
satellite-tracking device on a fishing boat shall not be capable of being
manually overridden.
(3) A
satellite-tracking device on a fishing boat shall not permit the input or
output of false positions.
6 Information
to be transmitted
(1) The
satellite-tracking device on a fishing boat shall ensure the automatic
transmission to the fisheries monitoring centre of the boat’s flag state,
of data that –
(a) identifies
the boat;
(b) specifies
the most recent geographical position of the boat, with a position error that
is less than 500 metres and with a confidence interval of 99%;
(c) specifies
the date and time (expressed as Universal Time Coordinated) of the fixing of
that position; and
(d) specifies
the speed and the course of the boat at that time.
(2) Paragraph (1)
does not apply –
(a) where
the fishing boat is in port, and the satellite-tracking device is switched off
otherwise than in contravention of Regulation 8(1); or
(b) where
there is a technical failure or non-functioning of the satellite-tracking
device and the master or owner of the boat or their representative is acting in
accordance with Regulation 10.
7 Frequency
of transmissions
When a fishing boat is at
sea, the satellite-tracking device on the boat shall transmit the required
information to the fisheries monitoring centre of the boat’s flag
state –
(a) if
the fisheries monitoring centre requires the boat to do so at intervals of
shorter than one hour, at those shorter intervals;
(b) if
paragraph (a) does not apply and the fisheries monitoring centre cannot
poll the boat’s actual position, at least once every hour; or
(c) if
paragraph (a) does not apply and the fisheries monitoring centre can poll
the boat’s actual position, at least once every 2 hours.
8 Requirements
when switching off in port
(1) When
a fishing boat is in port, the satellite-tracking device on the boat shall not
be switched off before –
(a) the
fisheries monitoring centre of the boat’s flag state is notified that the
device is to be switched off; and
(b) if
the United Kingdom is not the boat’s flag state, the fisheries monitoring
centre of the United Kingdom is also notified.
(2) When
a fishing boat in port has switched off its satellite-tracking device the
boat –
(a) shall
not change its position before the boat makes its next report; and
(b) must
demonstrate by that next report that the boat is in the same position as when
it made its last report.
(3) Paragraph (1)
does not apply if a competent authority of the boat’s flag state allows
instead an automatic message transmitted by a satellite-tracking device, or an
alarm generated by such a device, to indicate that the fishing boat is within
such area of port as has previously been notified by the competent authority.
9 Devices
to be kept in good order
(1) The
master of a fishing boat shall ensure that the satellite-tracking device on the
boat is fully operational at all times, and that the required information is
transmitted in accordance with these Regulations.
(2) The
master of a fishing boat shall ensure in particular that –
(a) the
data are not altered in any way;
(b) antennae
that are connected to the satellite-tracking device are not obstructed in any
way;
(c) the
power supply of the satellite-tracking device is not interrupted; and
(d) the
satellite-tracking device is not removed from the boat.
(3) The
requirement in paragraph (1) does not apply where the fishing boat is in
port, and the satellite-tracking device is switched off otherwise than in
contravention of Regulation 8.
(4) Except
in accordance with an authorization under Regulation 10(6), no person
shall destroy, damage, render inoperative or otherwise interfere with a
satellite-tracking device on a fishing boat.
10 Technical failure or non-functioning of satellite tracking device
(1) This
Regulation applies to a fishing boat in the event of a technical failure or
non-functioning of the satellite-tracking device on the boat.
(2) The
master or owner of the fishing boat, or their representative, shall communicate
the current geographical position of the boat to the fisheries monitoring centre
of the boat’s flag state.
(3) Communication
under paragraph (2) shall be made every 4 hours, starting
from –
(a) the
time when the technical failure or non-functioning is detected on the fishing
boat;
(b) the
time when the master or owner of the boat, or their representative, is informed
by the boat’s flag state that the satellite-tracking device appears to be
defective or not to be functioning; or
(c) the
time when the fisheries monitoring centre of the boat’s flag state
notifies the master or owner of the boat, or their representative, that the
fisheries monitoring centre has not received data transmissions in accordance
with Regulation 7 or this Regulation for 12 hours,
whichever occurs sooner.
(4) The
communication shall be by email, facsimile, telephone message or radio.
(5) A
fishing boat shall not leave port, following a technical failure or
non-functioning of the satellite-tracking device on the boat, unless a
competent authority of the boat’s flag state –
(a) is
satisfied that the satellite-tracking device is functioning; or
(b) authorizes
the boat to leave port for the repair or replacement of the satellite-tracking
device.
(6) Nothing
in this Part prevents the removal of a satellite-tracking device or the taking
of any other action in relation to a satellite tracking device if so authorized
by a competent authority of the boat’s flag state for the purpose of its
repair or replacement in the event of technical failure or non-functioning or
for the purpose of investigating any technical failure or non functioning or
whether the device has been tampered with.
11 Automatic
identification system to be installed
(1) A
fishing boat that is more than 15 metres in overall length shall be fitted
with, and maintain in operation at all times, an automatic identification
system which meets the performance standards of the International Maritime
Organisation under chapter V, Regulation 19, section 2.4.5 of
the SOLAS Convention.
(2) In
exceptional circumstances the automatic identification system may be switched
off if the master of the fishing boat considers it necessary to do so in the
interest of the safety or security of the fishing boat.
PART 3
FISHING BOATS OF THIRD
COUNTRIES
12 Fishing
boats to which Part 3 applies
This Part applies to third
country fishing boats.
13 Satellite-tracking
devices on third country fishing boats
(1) A
fishing boat shall have installed on board an operational satellite-tracking
device.
(2) A
satellite-tracking device on a fishing boat shall not be capable of being
manually overridden.
(3) A
satellite-tracking device on a fishing boat shall not permit the input or
output of false positions.
14 Information
to be transmitted by third country fishing boats
The satellite-tracking device
on a fishing boat shall ensure the automatic transmission to the fisheries
monitoring centre of the boat’s flag state, of data that –
(a) identifies
the boat;
(b) specifies
the most recent geographical position of the boat, with a position error that
is less than 500 metres and with a confidence interval of 99%;
(c) specifies
the date and time (expressed as Universal Time Coordinated) of the fixing of
that position; and
(d) specifies
the speed and the course of the boat at that time.
15 Frequency
of transmissions by third country fishing boats
When a fishing boat is at
sea, the satellite-tracking device on the boat shall transmit the required
information to the fisheries monitoring centre of the boat’s flag
state –
(a) at
least once every hour if the centre cannot poll the boat’s actual position;
or
(b) at
least once every 2 hours if the centre can poll the boat’s actual
position.
16 Devices
on third country boats to be kept in good order
(1) The
master of a fishing boat shall ensure that the satellite-tracking device on the
boat is fully operational at all times and that the required information is
transmitted in accordance with these Regulations.
(2) The
master of a fishing boat shall ensure in particular that –
(a) the
data are not altered in any way;
(b) antennae
that are connected to the satellite-tracking device are not obstructed in any
way;
(c) the
power supply of the satellite-tracking device is not interrupted; and
(d) the
satellite-tracking device is not removed from the boat.
(3) No
person shall destroy, damage, render inoperative or otherwise interfere with a
satellite-tracking device on a fishing boat.
17 Technical
failure or non-functioning of satellite-tracking device
(1) This
Regulation applies to a fishing boat in the event of a technical failure or
non-functioning of the satellite-tracking device on the boat.
(2) The
master or owner of the fishing boat, or their representative, shall communicate
the current geographical position of the boat to the fisheries monitoring
centre of the boat’s flag state.
(3) Communication
under paragraph (2) shall be made every 4 hours, starting
from –
(a) the
time when the technical failure or non-functioning is detected on the fishing
boat;
(b) the
time when the master or owner of the boat, or their representative, is informed
by the fishing boat’s flag state that the satellite-tracking device
appears to be defective or not to be functioning; or
(c) the
time when the fisheries monitoring centre of the boat’s flag state
notifies the master or owner of the boat, or their representative, that the
fisheries monitoring centre has not received data transmissions in accordance
with Regulation 15 or this Regulation for 12 hours,
whichever occurs sooner.
(4) The
communication shall be by email, facsimile, telephone message or radio.
(5) A
fishing boat shall not leave port, following a technical failure or
non-functioning of the satellite-tracking device on the boat, unless a
competent authority of the fishing boat’s flag state –
(a) is
satisfied that the satellite-tracking device is functioning; or
(b) authorizes
the fishing boat to leave port for the repair or replacement of the
satellite-tracking device.
(6) Nothing
in this Part prevents the removal of a satellite-tracking device or the taking
of any other action in relation to a satellite tracking device if so authorized
by a competent authority of the flag state for the purpose of its repair or
replacement in the event of technical failure or non-functioning or for the
purpose of investigating any technical failure or non functioning or whether
the device has been tampered with.
PART 4
OTHER PROVISIONS
18 Disclosure
of information
Data collected under these
Regulations from a satellite-tracking device or an automatic identification
system may be disclosed to any competent authority in a member State or in the
British Islands engaged in surveillance operations, for any of the following
purposes –
(a) maritime
safety and security;
(b) border
control;
(c) protection
of the marine environment; and
(d) general
law enforcement.
19 Evidence
(1) In
any proceedings in Jersey for a contravention of a provision of these
Regulations, the following shall be admissible as evidence of the matters
stated in them without being produced or sworn to by any witness and shall be
sufficient evidence of the matters stated in them or appearing from
them –
(a) a
logbook kept under the Log Books Regulations or under Article 14 of the
Control Regulation;
(b) a
declaration or notification required under the Log Books Regulations or under
Article 17, 21 or 23 of the Control Declaration;
(c) a
fishing effort report communicated under Article 28 of the Control
Regulation; and
(d) any
required information received by a fisheries monitoring centre.[3]
(2) In
this Regulation, “Log Books Regulations” means the Sea Fisheries (Log Books, Transhipment and Landing Declarations)
(Jersey) Regulations 2014.
20 Citation
These Regulations may be
cited as the Sea Fisheries (Vessel Monitoring Systems) (Jersey)
Regulations 2014.