Vessels monitoring system

(1) The Director shall require as a condition of fishing in the high seas that the operator of any vessel– (a) installs on such vessel at its own expense a vessel monitoring system designated by the Director; (b) maintains such equipment in good working order at all times while in the high seas or such other areas as may be agreed or designated. (2) Any machine– (a) aboard a vessel automatically feeding or inputting position, fixing information or data into a transponder shall be judicially recognized as accurate; (b) used in conjunction with a transponder for the purpose of ascertaining or obtaining information or data need not be judicially recognized as appropriate; (3) All information or data obtained or ascertained by the use of a transponder, shall be presumed, unless the contrary is proved, to48 (a) come from the vessel so identified; (b) be accurately relayed or transferred; and (c) be given by the master, owner, operator and charterer of the vessel. Evidence may be given of information and data so obtained or ascertained whether from printout or visual display unit. (4) The presumption in sub-section (3) shall apply whether or not the information was stored before or after any transmission or transfer. (5) Any person may give a certificate stating– (a) his name, address and official position; (b) he is competent to read the printout or visual display unit or any machine capable of obtaining or ascertaining information from a transponder; (c) the date and time the information was obtained or ascertained from the transponder and the details thereof; (d) the name and call sign of the vessel on which the transponder is or was as known to him or as ascertained from any official register, record or other document; and (e) a declaration that there appeared to be no malfunction in the transponder, its transmission or other machines used in obtaining or ascertaining the information. (6) Any person who intentionally or recklessly destroys, damages, renders inoperative or otherwise interferes with a High Seas Fishing 49 machine aboard a vessel which automatically feeds or inputs information or data into a transponder, or who intentionally feeds or inputs information or data into a transponder that is not officially required or is meaningless commits an offence and shall be sanctioned in accordance with the Sanction