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Tuvalu Consolidated Legislation - 2008 Edition

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Marine Resources Act - Fisheries (Vessel Monitoring System) Regulations

LAWS OF TUVALU


2008 Revised Edition


FISHERIES (VESSEL MONITORING SYSTEM) REGULATIONS


CAP. 48.20.3


Arrangement of Regulations Regulation


1 Short title
2 Interpretation
3 Requirement for an automatic location communicator
4 Conditions Governing Automatic Location Communicator
5 Cancellation of licence
6 Destruction, damage etc of automatic location communicator
7 Confidentiality of VMS information
8 Authorised release of VMS information
9 Guidelines in relation to collection and release of VMS information
10 Ownership of VMS information


Supporting Documents
ENDNOTES


_________________


FISHERIES (VESSEL MONITORING SYSTEM) REGULATIONS1


Commencement [1st September 2000]2


1 Short title


These Regulations may be cited as the Fisheries (Vessel Monitoring System) Regulations.


2 Interpretation


In these Regulations, unless the context otherwise requires —


"Automatic location communicator" means a device approved by the Forum Fisheries Agency and placed on a fishing vessel that transmits either in conjunction with another device or devices or independently information concerning the position, fishing and such other activities of the vessel as may be required;


"Director of Fisheries" means the "Fisheries Officer" authorised to implement these regulations;


"Foreign fishing vessel" has the same meaning under section 2 of the Act;


"Vessel Monitoring System" (VMS) means the system employed by Forum Fisheries Agency member countries and coordinated by the Forum Fisheries Agency to monitor the position and activities of foreign and other fishing vessels for the purpose of effective management of fisheries; and


"VMS information" means all information generated and collected in respect of the operation of the vessel monitoring system.


3 Requirement for an automatic location communicator


No foreign fishing vessel shall be licensed to fish in the fisheries waters of Tuvalu unless the operator of the vessel installs, maintains and operates a registered automatic location communicator in accordance with such specifications determined by the Director of Fisheries.


4 Conditions Governing Automatic Location Communicator


It shall be a condition of every fishing license/permit granted to a foreign fishing vessel under section 5 of the Act that the vessel owner or operator —


(a) applies for registration of the automatic location communicator at the Forum Fisheries Agency for each year;





5 Cancellation of licence


The Director of Fisheries may cancel the licence of any foreign fishing vessel that fails to comply with these conditions.


6 Destruction, damage etc of automatic location communicator


Any person who intentionally, recklessly or negligently destroys, damages, renders inoperative, tampers with or otherwise interferes with any part of the automatic location communicator shall be guilty of an offence and liable to $1,000.


7 Confidentiality of VMS information


(1) All vessel monitoring information is classified as confidential information.

(2) Any person who intentionally, recklessly or negligently divulges information from a vessel monitoring system, to any person or persons not authorised to receive such information shall be guilty of an offence and liable to $1,000.

8 Authorised release of VMS information


The Minister may release VMS information only in the following circumstances:


(a) discharge of international obligations assumed by Tuvalu;

9 Guidelines in relation to collection and release of VMS information


The Director of Fisheries shall develop guidelines in relation to —


(a) the collection of VMS Information; and

10 Ownership of VMS information


The ownership of VMS information generated in the fisheries waters of Tuvalu shall vest in the Government of Tuvalu.


ENDNOTES


1LN 4/2000; made under section 22 of the Fisheries Act 1978 and continuing to have effect pursuant to section 98 (2) of the Marine Resources Act


2LN 9/2000


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