(1)  The Secretary, by notice in writing served on a supervisor of a fishing licence (vessel), may direct the supervisor to fit an approved automatic location communicator to the vessel specified in the licence before the vessel is used in a fishery, if –

(a) the Secretary determines under rule 24 that a vessel monitoring system is required to be used by the holder of the licence in the fishery; or

(b) in accordance with the management plan for the fishery, the vessel is required to be fitted with a vessel monitoring system.

(2)  The supervisor of a fishing licence (vessel) directed under subrule (1) to fit an approved automatic location communicator must –

(a) comply with the instructions of the Secretary, and the manufacturer of the communicator, relating to the installation, service and use of the communicator; and

(b) ensure that the approved automatic location communicator is not removed from the vessel without the written approval of the Secretary; and

(c) ensure that the approved automatic location communicator is operating at all times.

Penalty:  Grade 3 penalty.

(3)  For the purposes of subrule (2)(a) , if the instructions of the manufacturer are inconsistent with the instructions of the Secretary, the instructions of the Secretary prevail to the extent of the inconsistency.

(4)  For the purposes of these rules, an approved automatic location communicator is not operating if it is unable to be programmed on demand through a communication system that receives and transmits data via satellites.

(5)  A person, other than a fisheries officer acting in that capacity, must not –

(a) cause or allow any alteration to the programming of an approved automatic location communicator; or

(b) operate a fishing vessel required to be fitted with an approved automatic location communicator without the approved automatic location communicator operating; or

(c) cause or allow any interference with the approved automatic location communicator, or its installation, without the written approval of the Secretary.

Penalty:  Grade 3 penalty.