Regulations amending the regulations relating to satellite-based monitoring of the activities of foreign fishing vessels in the Economic Zone of Norway and the Fisheries Zone around Svalbard

On 17 February 2005, pursuant to section 4 of the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway, section 4 of the Regulations of 23 May 1980 No. 4 relating to the establishment of a fisheries zone around Jan Mayen and section 4, litra s, of the Act of 3 June 1983 No. 40 relating to sea-water fisheries, etc., the Ministry of Fisheries and Coastal Affairs decided as follows:

I

The following amendment is to be made to the Regulations of 16 December 1999 No. 1342 relating to satellite-based monitoring of the activities of foreign fishing vessels in the Economic Zone of Norway and the fisheries zone around Jan Mayen:

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

The term “fishing vessel” here means vessels of any type that are equipped for or engaged in commercial fishing operations or vessels that assist the fishing fleet, including transport vessels to which catches are transhipped.

II

These regulations enter into force on 1 March 2005.

The amended regulations read as follows:

REGULATIONS OF 16 DECEMBER 1999 NO. 1342 RELATING TO SATELLITE-BASED MONITORING OF THE ACTIVITIES OF FOREIGN FISHING VESSELS IN THE INTERNAL WATERS, TERRITORIAL SEA AND ECONOMIC ZONE OF NORWAY AND THE FISHERIES ZONE AROUND JAN MAYEN

Laid down by the Ministry of Fisheries on 16 December 1999, pursuant to section 4 of the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway, section 4 of the Royal Decree of 23 May 1980 No. 4 relating to the establishment of a fisheries zone around Jan Mayen and section 4, litra s, of the Act of 3 June 1983 No. 40 relating to sea-water fisheries, etc.

§ 1 Scope
These regulations apply to fishing vessels above 24 metres total length flying the flag of Russia, the Faeroe Islands, Greenland or Iceland and to fishing vessels above 18 metres total length flying the flag of a European Union Member State and that are in the internal waters, territorial sea or Economic Zone of Norway or in the fisheries zone around Jan Mayen. From 1 January 2005, the regulations also apply to fishing vessels above 15 metres total length flying the flag a European Union Member State and that are in the area mentioned in the first sentence.

The term “fishing vessel” here means vessels of any type that are equipped for or engaged in commercial fishing operations or vessels that assist the fishing fleet, including transport vessels to which catches are transhipped.

§ 2 Tracking
Fishing vessels in the zones specified in section 1 shall have equipment installed on board which can be used for tracking by satellite, and 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 and on entry into and exit from the zones specified in section 1.

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.

When a vessel has sent automatic reports of its position pursuant to the first and second paragraphs from the same position for more than four hours, such reports may subsequently be sent at least once every twelve hours.

§ 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 a transitional period, the Directorate of Fisheries may, on separate application, approve equipment that does not satisfy the requirements relating to reporting laid down in section 2, litra c) and litra d), if such equipment has been installed and is in operation on the vessel at the time these regulations enter into force. Exemption from the requirements in these regulations in order to use such equipment cannot be expected after 30 June 2001.

§ 4 Prohibition against turning off, damaging, destroying or manipulating equipment
It is prohibited to turn off, damage, destroy or in any other way manipulate satellite tracking equipment.

The person in command of the vessel shall ensure that:

a)      the data are not altered,
b)      antennas connected to the satellite tracking equipment are not blocked,
c)      the power supply to the satellite tracking equipment is not disrupted,
d)      the satellite tracking equipment is not removed from the vessel.

§ 5 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, a vessel flying the flag of Russia, the Faeroe Islands, Greenland or Iceland shall send such reports via telefax at least once every 12 hours. A vessel flying the flag of a European Union Member State shall send such reports at least once every four hours. The same applies to entry and exit reports as mentioned in section 2.

§ 6 Requirements relating to correction of faults
If a fault has arisen in the satellite tracking equipment on a vessel flying the flag of Russia, the Faeroe Islands, Greenland or Iceland 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 zones mentioned in section 1 without satellite tracking equipment that satisfies the requirements set out in sections 2 and 3. If such a fault arises while the vessel is in 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.

If a fault has arisen in the satellite tracking equipment of a vessel flying the flag of a European Union Member State so that the requirements of section 2 cannot be met, the vessel may not continue fishing or start fishing again until the satellite tracking equipment has been repaired or replaced. The Directorate of Fisheries may grant exemptions from this requirement if the equipment cannot be repaired or replaced and this is a result of circumstances that are not the fault of the vessel’s owner or master.

§ 7 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 sections 8 and 9 of the Act of 17 December 1976 on the Economic Zone of Norway No. 91 and sections 53 and 54 of the Act of 3 June 1983 relating to sea-water fisheries, etc. No. 40. Complicity or an attempt to contravene the said provisions is subject to the same penalty.

§ 8 Entry into force
These regulations enter into force immediately.