(2) The operator of every foreign fishing vessel that holds a licence or entry permit as required under subsection (1), and such other foreign fishing vessels that the Minister may designate by public notice, shall report the vessel position and other information required by the Minister directly to the Ministry using a Vessel Monitoring System and Automatic Identification System or as necessary by email: (a) 24 hours prior to entry or exit from Somali waters; and (b) continuously at all times while in Somali waters at intervals determined by the Minister.

(1) The operator of a vessel that operates under a licence, authorization or other permission issued by the Ministry shall maintains an Automatic Identification System on board in accordance with the specifications in Chapter V, Regulation 19 of the International Convention for the Safety of Life at Sea, and that the vessel continually reports directly to the Fisheries Monitoring Center. (2) A person who contravenes subsection (1) commits an offense and upon conviction shall be liable to a fine provided in the First Schedule or to a term of imprisonment not exceeding one year or both, and to any other penalty provided under this Act.

(1) The operator of any vessel required to be licensed by the Ministry that holds a valid and applicable licence or authorization pursuant to this Act shall, unless the vessel falls within a category of vessels excepted by the Ministry and unless otherwise prescribed: (a) install and maintain a mobile transceiver unit in accordance with requirements in this Act or as may be prescribed or required by the Director General, on board the vessel and ensure it is fully operational at all times; (b) register the mobile transceiver unit in accordance with section 79(1) of this Act; (c) ensure that the mobile transceiver unit is tamper resistant and of a type and configuration that prevent the input or output of false positions, and not capable of being over ridden, whether manually, electronically or otherwise, and is: (i) located within a sealed unit; and (ii) protected by official seals (or mechanisms) of a type that will indicate whether the unit has been accessed or tampered with. (d) transmit the following information directly to the Ministry at least once every hour, or such other time as may be prescribed or required under the applicable licence or authorization: (i) the vessel identification; (ii) the current geographical position of the vessel (longitude, latitude) with a position error which shall be less than 500 metres, at a confidence level of 99% or such other requirements as may be prescribed or required under the applicable licence or authorization; and (iii)the date and time (expressed in UTC) of the fixing of the said position of the vessel; (e) ensure that: (i) VMS reports and messages are not altered in any way; (ii) the antennae connected to the mobile transceiver unit(s) are not obstructed in any way; (iii) the power supply of the satellite monitoring device(s) is not interrupted in any way; and (iv) the mobile transceiver unit(s) are not removed from the vessel. (2) In the event of technical failure or non-functioning of the mobile transceiver unit, the operator shall inform the Ministry immediately and no later than one hour after failure, and: (a) where the vessel has not begun a trip the operator shall not cause the vessel to depart; (b) where the vessel is at sea the operator shall cause the vessel to travel to a port approved by the Ministry within twenty-four hours and during that period shall report every half hour and shall comply with such other requirements as may be prescribed; (c) shall repair or replace the unit within one month after which the operator shall not be authorized to commence a fishing trip without the unit having been repaired or replaced. (3) The operator shall comply, and ensure compliance by all persons associated with the vessel, with any conditions or other requirements that may be prescribed or required by the Director General or any applicable international conservation and management measure. (4) Any operator who does not comply with the requirements of subsections (1)(a), (b), (c) (d) or (e), (2)(a), (b) or (c) or (3) commits an offense and upon conviction shall be liable to a fine provided in the First Schedule or to a term of imprisonment not exceeding three years or both, and to any other penalty provided under this Act. (5) Any person who, without lawful excuse, renders inoperative or otherwise interferes or tampers with a mobile transceiver unit so that it does not operate automatically or accurately or in accordance with any licence conditions or otherwise in accordance with this Act commits an offense and upon conviction shall be liable to a fine provided in the First Schedule or to a term of imprisonment not exceeding three years or both, and to any other penalty provided under this Act.