Technical failure or malfunction of the MTU

(1) In the event of a technical failure or malfunction of the MTU onboard a vessel, the master or the owners/ operators of the vessel or their representative shall communicate to the FMC every four hours or shorter periods as may be specified, starting from the time that the failure or malfunction occurs or from the time they were informed of the non-receipt of the data, in accordance with Regulation 34, the current geographical position of the vessel (expressed in latitude and longitude to minutes of arc) and date and time for the report, by email, fax, telephone message, radio or any other alternate device as may be approved by the FMC. Such reports shall continue until such time as the MTU is confirmed operational by the FMC provided that the time between the notification of the failure and the confirmed operation of the MTU does not exceed 48 hours. Where a malfunction or technical failure exceeds 48 hours, the vessel shall immediately return to port. (2) If it is not possible to make one or more of the required reports referred to in subregulation (1), or when it is so directed by the FMC, the master shall immediately stow the fishing gears and take the vessel directly to a designated port and report as soon as possible that the vessel is being or has been taken to port with stored gear(s). A port confirmation letter shall be required to confirm that the vessel arrived at port. (3) A vessel shall not depart from port following a technical failure or unit malfunction before the MTU on board the vessel is functioning to the satisfaction of the FMC. (4) The FMC shall inform the master or the owner/ operator or representative of the vessel when the MTU appears to be faulty or malfunctioning. Owners/Operators or their representatives, at the time of registration of their unit, shall be assigned restricted access to the VMS in order for them to also view their vessels’ positions and, as the case may be, faulty or malfunctioning units.