(1) The operator of each fishing vessel licensed or authorised to fish pursuant to this Decree shall be required, as a condition of its licence or authorisation, to install, maintain, operate, and consent to the monitoring during the licence period, of an approved mobile transceiver unit (MTU) at all times while in Fiji fisheries waters and beyond Fiji fisheries waters or such other area as may be agreed or designated, and in accordance with— (a) the manufacturer’s specifications and operating instructions; and (b) such other requirements as may be prescribed.

(2) The operator of each vessel referred to in subsection (1) shall ensure that— (a) no person tampers or interferes with the MTU and that the MTU is not altered, damaged, disabled or otherwise interfered with; (b) the MTU is not moved from the required or agreed installed position or removed without the prior written permission of the Director; (c) the MTU is switched on and is operational at all times when the vessel is within Fiji fisheries waters and beyond Fiji fisheries waters during the period of validity of the licence or authorisation; (d) upon notification by the Director that the vessel’s MTU has failed to transmit, the directives of the Permanent Secretary are complied with until such time that the vessel’s MTU is functioning properly; and (e) the MTU is registered as the Director may direct or as may be prescribed, at the operator’s expense.

(3) The operator of each vessel referred to in subsection (1) or his or her authorised agent, upon notification by the licensing country of appropriate authority that the vessel’s MTU has failed to report, shall ensure that reports containing the vessel’s name, call sign, position (expressed in latitude and longitude to minutes of arc), and date and time for the report, are communicated to a delegated authority.

(4) Such communication must be made at intervals of 4 hours or such shorter period as specified by the delegated authority, commencing from the time of notification of failure of the MTU