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Sea Fisheries (Vessel Monitoring Systems) (Jersey) Regulations 2014

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

14.825.96

 

Showing the law from 1 January 2019 to Current

 

 


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Sea Fisheries (Vessel Monitoring Systems) (Jersey) Regulations 2014

Regulation

1                 Interpretation. 4

2                 Fishing boats to which these Regulations apply. 5

3                 Exceptions. 5

BRITISH AND COMMUNITY FISHING BOATS  6

4                 Fishing boats to which Part 2 applies. 6

5                 Satellite-tracking devices to be installed. 6

6                 Information to be transmitted. 6

7                 Frequency of transmissions. 7

8                 Requirements when switching off in port. 7

9                 Devices to be kept in good order. 7

10              Technical failure or non-functioning of satellite tracking device. 8

11              Automatic identification system to be installed. 8

FISHING BOATS OF THIRD COUNTRIES  9

12              Fishing boats to which Part 3 applies. 9

13              Satellite-tracking devices on third country fishing boats. 9

14              Information to be transmitted by third country fishing boats. 9

15              Frequency of transmissions by third country fishing boats. 9

16              Devices on third country boats to be kept in good order. 9

17              Technical failure or non-functioning of satellite-tracking device. 10

OTHER PROVISIONS  10

18              Disclosure of information. 10

19              Evidence. 11

20              Citation. 11

Table of Legislation History. 12

Table of Renumbered Provisions. 12

Table of Endnote References. 12

 

 


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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.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Sea Fisheries (Vessel Monitoring Systems) (Jersey) Regulations 2014

R&O.86/2014

8 July 2014

States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) (Jersey) Regulations 2015

R&O.158/2015

1 January 2016

Table of Renumbered Provisions

Original

Current

20

spent, omitted

21

20

Table of Endnote References



[1]                                     http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2009.343.01.0001.01.ENG

[2] Regulation 3(2)           amended by R&O.158/2015

[3] Regulation 19(1)         editorial change, in (b) “Log Books Declarations” deleted, “Log Books Regulations” inserted instead


Page Last Updated: 05 Jul 2023