Fishery Regulations 1998
Does the law/regulation require or exempt fishing vessels to keep VMS turned on, or is there no provision?
Article 37
(1) The Director shall designate officers of the Authority to be authorized to receive and deal with information and data received from a vessel monitoring system, and shall define the access of any person or class of persons to such information and data. (2) In any circumstances where the installation and maintaining of a transponder or other equipment forming the part of a vessel monitoring system is required pursuant to this Act or an access agreement, it shall be the responsibility of the operator to pay for the full cost of such installation and operation, and the administration of the vessel monitoring system. (3) The operator shall ensure that the transponder or other equipment forming part of a vessel monitoring system is registered with the South Pacific Forum Fisheries Agency and in accordance with such other requirements as the Director may notify from time to time. (4) The operator of any fishing vessel required to install and maintain a transponder or other equipment forming part of a vessel monitoring system shall ensure: (a) within a reasonable time prior to entry into the Fishery Waters, that the transponder is switched on, s operating properly and transmits information in accordance with the; (i) standards and requirements of the Director; and (ii) manufacturer's specifications; (iii) that the Director is notified if a transponder; (iv) is removed from the vessel; or (v) fails to operate properly (5) Notwithstanding the requirements in Section 90 (7) of the Act, no person shall: (a) tamper with a transponder or other vessel monitoring system equipment; or (b) receive information or data from a vessel monitoring system when not authorized to do so by the Director. (6) Notwithstanding the provisions in Section 89 (2) of the Act, if, in any proceedings for an offense against the Act, the prosecution tenders evidence that has been produce wholly or partly by a machine, transponder, device or technical process, and the machine, transponder, device, or technical process is of a kind that ordinarily does what the prosecution asserts the machine, transponder, device, or technical process has done, then, in the absence of proof to the contrary, the evidence shall be admissible and sufficient proof that, on the relevant occasion, the machine, transponder, device, or technical process operated in the way asserted by the prosecution. (7) The Director may authorize the release of information obtained by means of vessel monitoring system for purposes of judicial proceedings or Summary Administrative Proceedings.