Regulations amending the regulations relating to satellite-based monitoring of the activities of fishing and hunting vessels in the territorial and internal waters of Svalbard

On 17 February 2005, pursuant to section 4 of the Act of 17 July 1925 No. 11 relating to Spitzbergen, cf. section 1, item 10, of the Regulations of 28 April 1978 No. 20 relating to regulatory measures for fishing in the territorial and internal waters of Svalbard, , the Ministry of Fisheries and Coastal Affairs decided as follows:

I

The following amendment is to be made to the Regulations of 26 March 2003 relating to satellite-based monitoring of the activities of fishing and hunting vessels in the territorial and internal waters of Svalbard:

Section 1, first paragraph (amended), shall read as follows:

These regulations apply to fishing operations in the territorial and internal waters of Svalbard using Norwegian and foreign vessels of any type engaged in commercial fishing operations, including transport vessels to which catches are transhipped.

II

These regulations enter into force on 1 March 2005.

III

The amended regulations read as follows:

REGULATIONS RELATING TO SATELLITE-BASED MONITORING OF THE ACTIVITIES OF FISHING AND HUNTING VESSELS IN THE TERRITORIAL AND INTERNAL WATERS OF SVALBARD

On 26 March 2003, pursuant to section 4 of the Act of 17 July 1925 No. 11 relating to Spitzbergen, cf. section 1, item 10, of the Regulations of 28 April 1978 No. 20 relating to regulatory measures for fishing in the territorial and internal waters of Svalbard, the Ministry of Fisheries decided as follows:

§ 1 Scope
These regulations apply to fishing operations in the territorial and internal waters of Svalbard using Norwegian and foreign vessels of any type engaged in commercial fishing operations, including transport vessels to which catches are transhipped.

§ 2 Tracking
Vessels above 24 metres total length such as are specified in section 1 and that are in the territorial and internal waters of Svalbard shall have equipment installed on board which can be used for tracking by satellite: tracking shall be conducted by the Directorate of Fisheries or tracking shall be conducted and the tracking data reported to the Directorate of Fisheries.

The tracking equipment shall automatically send reports in machine-readable form at least once an hour.

The reports shall contain the following data:

a)      identity of the vessel,
b)      the geographical position of the vessel at the time of the report with an error of less than 500 m and a confidence interval of 99 per cent,
c)      the date and time when the vessel’s position is reported,
d)      the speed and course at the time of the report.

The Directorate of Fisheries may issue further provisions relating to the reporting of data to the Directorate of Fisheries pursuant to this provision.

§ 3 Equipment
The vessel shall have installed on board satellite-based tracking equipment that meets the requirements for the approval of such equipment. The Directorate of Fisheries will issue further provisions on the requirements relating to equipment to be used for tracking by satellite in the territorial and internal waters of Svalbard.

In a transitional period, the Directorate of Fisheries may approve the use of equipment that does not satisfy the requirements in force at any given time.

§ 4 Faults in connection with satellite tracking
If a fault arises in connection with satellite tracking so that the Directorate of Fisheries does not receive the reports mentioned in section 2, the vessel shall send such reports via telefax or telegram at least once every 12 hours. This also applies to entry and exit reports, which shall be transmitted without unnecessary delay.

§ 5 Requirements relating to correction of faults
If a fault has arisen in the vessel’s satellite tracking equipment so that the requirements of section 2 cannot be met, the equipment shall be repaired or replaced within a month. After this time limit, the vessel may not start fishing in the territorial and internal waters of Svalbard without satellite tracking equipment that satisfies the requirements set out in sections 2 and 3. If such a fault arises while the vessel is on the fishing grounds and the trip lasts for more than a month, the equipment must be repaired or replaced as soon as the vessel reaches port. The vessel may not continue fishing or start fishing again unless the satellite tracking equipment satisfies the requirements set out in sections 2 and 3.

§ 6 Penal measures and confiscation
Wilful or negligent contravention of provisions set out in or issued pursuant to these regulations is subject to penalty and confiscation pursuant to the provisions of section 4, second and third paragraphs, of the Act of 17 July 1925 No. 11 relating to Spitzbergen. Complicity or an attempt to contravene the said provisions is subject to the same penalty.

§ 7 Entry into force
These regulations enter into force on 1 January 2004.