Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:1_4:p1
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/2)
Character Range: 29938–32516

4  Automated satellite linked Vessel Monitoring Systems (VMS)
4.1  A person using a boat in the Convention Area for fishing must:
 (a) have on board an ALC that meets the minimum standards set out in Annex 10‑04/C of CCAMLR Conservation Measure 10‑04; and
 (b) ensure that the ALC transmits VMS data for the boat to the FMC of the flag State of the boat:
 (i) for finfish fisheries—at least once every hour; and
 (ii) for all other fisheries, before 1 December 2019—at least once every 4 hours; and
 (iii) for all other fisheries, on and after 1 December 2019—at least once every hour; and
 (c) ensure that:
 (i) the ALC is not tampered with; and
 (ii) VMS data are not altered; and
 (iii) the antennae connected to the ALC are not obstructed; and
 (iv) the power supply of the ALC is not interrupted; and
 (v) the ALC is not removed from the boat (except for the purposes of repairing or replacing it in accordance with paragraph 4.2(b)).
4.2  If the ALC fails to transmit the VMS data, the person must:
 (a) provide manual reporting to the FMC of the flag State at least once every 4 hours; and
 (b) repair or replace the ALC as soon as possible, and, in any event, before the end of 2 months after the failure.
4.3  A person using a boat in the Convention Area for fishing must give at least 24 hours prior notice of entry, exit and movement between Statistical Subareas and Statistical Divisions of the Convention Area to:
 (a) the flag State of the boat; and
 (b) the CCAMLR Secretariat.
4.4  In this clause:
ALC (short for automatic location communicator) means a satellite position transmitter that is capable of continuously and automatically transmitting VMS data for a boat, independently of any intervention of a person on the boat.
FMC (short for fisheries monitoring centre) means the government authority or agency of a flag State responsible for managing the VMS for its flagged fishing boats.
manual reporting means the transmission by email or fax of the latitude and longitude of a fishing boat when an ALC fails to transmit VMS data for the boat.
VMS (short for vessel monitoring system) means a satellite‑based monitoring system which provides VMS data for a boat at regular intervals.
VMS data, for a boat, includes the following:
 (a) the ALC unique identifier for the boat;
 (b) the latitude and longitude of the boat;
 (c) the date and time (expressed in UTC) of the fixing of the latitude and longitude of the boat;
 (d) the boat's speed (calculated based on the data referred to in paragraphs (b) and (c));
 (e) the boat's course (derived from the data