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1. Notwithstanding any stricter requirements applicable in specific ICCAT fisheries, each flag Member State shall implement a VMS for all its fishing vessels equal or greater than 12 metres in length overall, and for all their towing vessels, irrespective of their length, authorised to fish in waters beyond jurisdiction of the flag Member State and shall:

(a) require its fishing vessels to be equipped with an autonomous, tamper-evident system that continuously, automatically, and independent of any intervention by the vessel, transmits messages to the fishing monitoring centre (‘FMC’) of the flag Member State to track the position, course, and speed of a fishing vessel by the flag Member State of that vessel;

(b) ensure that the satellite tracking device fitted on board the fishing vessel collects and transmits continuously to the FMC of the flag Member State the following data:

— the vessel’s identification,

— the geographical position of the vessel (longitude, latitude) with a margin of error lower than 500 metres, with a confidence interval of 99 %, and — the date and time;

(c) ensure that the FMC of the flag Member State receives an automatic notification if communication between the FMC and the satellite tracking device is interrupted;

(d) ensure, in cooperation with the coastal State, that the position messages transmitted by the vessels flying its flag while operating in waters under the jurisdiction of that coastal State are also transmitted automatically and in real time to the FMC of the coastal State thathas authorised the activity. In implementing this provision, due consideration shall be been given to minimising the operational costs, technical difficulties, and administrative burden associated with transmission of these messages; and

(e) ensure that, in order to facilitate the transmission and receipt of position messages, as described in point (d), the FMC of the flag Member State or CPC, and the FMC of the coastal State shall exchange their contact information and notify each other without delay of any changes to this information. The FMC of the coastal State shall notify the flag Member State or CPC FMC of any interruption in the reception of consecutive position messages. The transmission of position messages between the FMC of the flag Member State or CPC, and that of the coastal State shall be carried out electronically using a secure communication system.

2. Each Member State shall take appropriate measures to ensure that the VMS messages are transmitted and received, as specified in paragraph 1, and use this information to continuously track the position of the vessels flying its flag.

3. Each Member State shall ensure that the masters of fishing vessels flying its flag ensure that the satellite tracking devices are permanently and continuously operational and that the information identified in paragraph 1, point (b), is collected and transmitted at least once every hour for purse seine vessels and at least once every two hours for all other vessels. In addition, Member States shall require that their vessel operators ensure that:

(a) the satellite tracking device is not tampered with in any way;

(b) VMS data are not altered in any way;

(c) the antennae connected to the satellite tracking device is not obstructed in any way;

(d) the satellite tracking device is hardwired into the fishing vessel and the power supply is not intentionally interrupted in any way; and (e) the satellite tracking device is not removed from the vessel except for the purposes of repair or replacement.

4. In the event of a technical failure or non-operation of the satellite tracking device fitted on board a fishing vessel, the device shall be repaired or replaced within one month from the time of the event, unless the vessel has been removed from the list of authorised large scale fishing vessels, where applicable, or for vessels not required to be included on ICCAT’s authorised vessel list, the authorisation to fish in areas beyond the jurisdiction of the flag CPC no longer applies. The vessel shall not be authorised to commence a fishing trip with a defective satellite tracking device. Furthermore, when a device stops functioning or has a technical failure during a fishing trip, the repair or the replacement shall take place as soon as the vessel enters a port; the fishing vessel shall not be authorised to commence a fishing trip without the satellite tracking device having been repaired or replaced.

5. Each Member State or CPC shall ensure that a fishing vessel with a defective satellite tracking device shall communicate to the FMC, at least daily, reports containing the information in point (b) of paragraph 1 by other means of communication (radio, web-based reporting, electronic mail, telefax or telex).

6. Member States or CPCs may allow a vessel to power down its satellite tracking device only if the vessel will not be fishing for an extended period of time (e.g. in dry dock for repairs), and it notifies the competent authorities of its flag Member State or CPC in advance. The satellite tracking device shall be re-activated, and collect and transmit at least one report, prior to the vessel leaving port.