FantasticSearch

1. Each fishing vessel operating in the Regulatory Area shall be equipped with a satellite monitoring device capable of continuous automatic transmission of position to its land-based FMC, at least once an hour, with the following VMS data:

(a) vessel identification;

(b) most recent vessel position, by latitude and longitude, having an error tolerance margin no greater than 500 metres and a confidence interval of 99 %;

(c) UTC date and time of the fixing of the position; and (d) vessel course/heading and speed.

2. Each Member State shall ensure that its FMC:

(a) receives the position data referred to in paragraph 1 and records them using the following 3 letter codes:

(i) ‘ENT’, first VMS position transmitted by each vessel upon entering the Regulatory Area;

(ii) ‘POS’, every subsequent VMS position transmitted by each vessel from within the Regulatory Area; and (iii) ‘EXI’, first VMS position transmitted by each vessel upon exiting the Regulatory Area;

(b) is equipped with computer hardware and software for automatic data processing and electronic data transmission and applies back-up and recovery procedures and records the data received from fishing vessels in computer readable form that it maintains for not less than three years; and (c) notifies the Commission and EFCA of the FMC name, address, telephone, telex, email or facsimile numbers and any subsequent changes without delay.

3. Each Member State shall assume all costs associated with its own VMS.

4. Where an inspector observes a fishing vessel in the Regulatory Area and has not received data in accordance with paragraph 1, 2 or 8 that inspector shall inform the master of the vessel and the Commission.

5. The Member State shall ensure that the master of the vessel or the owner of a fishing vessel flying its flag or its representative is informed when the vessel's satellite monitoring device appears to be defective or non-functioning.

6. Where the satellite monitoring device fails, the master of the vessel shall ensure it is repaired or replaced within one month following such failure, or, where a fishing trip lasts more than one month, the repair or the replacement is completed upon the vessel's next entry into port.

7. No fishing vessel may commence a fishing trip with a defective satellite monitoring device.

8. Every fishing vessel operating with a defective satellite monitoring device, shall transmit, at least once every 4 hours, the VMS position data to its flag Member State FMC by other available means of communication, in particular, satellite, email, radio, facsimile or telex.

9. The flag Member State shall ensure that:

(a) its FMC transmits VMS position data to the NAFO Executive Secretary with the Commission and EFCA in copy, as soon as possible, but not later than 24 hours after it receives them and may authorise fishing vessels flying its flag to transmit VMS position data by satellite, email, radio, facsimile or telex, direct to the NAFO Executive Secretary; and (b) the VMS position data transmitted to the NAFO Executive Secretary are in conformity with the data exchange format set out in Annex II.E to the CEM referred to in point 34 of the Annex to this Regulation and further described in Annex II.D to the CEM referred to in point 31 of the Annex to this Regulation.

10. Each Member State may use NAFO VMS data for search and rescue or for the purpose of maritime safety.