Overview (table of contents) Annex 1 The full text of the Decree on monitoring of fishing vessels by satellite
Under section 10 (1) and (2), section 124 (1), section 127 and section 130, paragraph 2, of the law on fisheries and aquaculture (fisheries), see. lovbekendtgørelse nr. 978 by 26. September 2008, and under the authority, shall be based on:
Definitions and scope
§ 1. In this notice, the term:
1) vessel monitoring system (VMS): Fisheries Directorate's overall system for the reception and treatment of a vessel position reports.
2) vessel monitoring device (FOE): the electronic equipment on board a fishing vessel, that is. power supply, transceiver and antenna, which sends messages to VMS.
3) Vessel monitoring center (FMC): Fisheries Directorate's monitoring center.
4) DNID and Member No: unique identification of the vessel's FOE, which is installed in the FOE.
(2). FOE shall transmit:
1) correct positioning messages with the following content: the vessel's identity, position, course and speed as well as time for measuring thereof.
2) The status codes, as FOE-the system automatically generates by disruption of normal transmission.
§ 2. The notice applies to Danish-registered fishing vessels exceeding 15 metres length overall.
Operation of FOE
§ 3. Vessels that are subject to the provisions of paragraph 2, shall not leave the port and embark on a fishing trip without that the Fisheries Directorate-General has received the notification of DNID and Member No.
(2). If a FOE is deleted because the vessel owner to replace existing FOE, or because the vessel is deleted as a registered fishing vessel, vessel owner prior to inform the Fisheries Directorate on DNID and Member No. for the FOE, as deleted.
§ 4. FOE must transmit the position notifications referred to in article 1, paragraph 2, to the FOS at least 1 time per hour.
(2). In addition to the vessel's own DNID and Member no., see. § 3, paragraph 1, transmit Fisheries Directorate its DNID and Member No. to the vessel's FOE in order that the Fisheries Directorate-General may at any time obtain current position announcements from the vessel.
Technical failure or non-functioning
§ 5. It is prohibited to commence or participate in any form of fishing, including vessel, common fisheries as well as transhipment if the vessel's FOE does not work. From the time the vessel or his representative establishes or is informed that FOE doesn't work, that person must ensure the following:
1) fishing immediately set.
2) All tools be taken on board.
3) vessel sailing in the Harbour for the purpose of repair of FOE.
4) Fisheries Directorate be informed without delay of that FOE doesn't work, see. Annex 1.
(2). Notwithstanding paragraph 1, the Fisheries Directorate-General may allow the fishing trip, which is in progress, can be completed before the vessel sailed into port, if this is not deemed to involve a control risk.
(3). From the date referred to in paragraph 1 and to the arrival in port, the master cast positioning messages with the same time period as specified in section 4, paragraph 1. Notifications shall be made as indicated in annex 1.
(4). The issuance of location messages, see. paragraph 3 shall continue until the Fisheries Directorate-General has given the clear statement to the master that the FOE is working again.
§ 6. The master shall ensure that there is on board the vessel listen on the international distress and calling frequencies (VHF, medium-wave, digital selective calling) as well as on satellite-based means of communication from shore to vessel if the vessel is equipped with this, so that the Fisheries Directorate-General can inform the master about errors in FOE, as Fisheries Directorate has recorded on background of lack of or inadequate positioning reports.
§ 7. The vessel's owner or master shall inform the Fisheries Directorate on prior decommissioning of the vessel or shipbuilding stay, if this activity involves disruption of the Memorial from the position of the vessel FOE. Notification shall be effected by sending a message to the Fisheries Directorate-General in accordance with Annex 1, prior to the termination of the position transmission.
(2). At the resumption of normal activity, the vessel owner, before the last sent position vacated position, send a message, see. Annex 1, stating that the vessel is back in normal activity. A vessel leads have a duty to ensure that the vessel is not reported as a liability when a voyage begins.
§ 8. A vessel owner may, in accordance with the notification of the Fisheries Directorate-General be allowed in specified ports to send with a less frequent rate than specified in section 4, paragraph 1.
(2). It is a condition of the authorization referred to in paragraph 1, the vessel owner prior to documenting over for Fisheries Directorate-General that there is a function in FOE, delimiting the port area geographically.
(3). If the terms of the authorization is not met, the Fisheries Directorate-General to revoke the permit.
To implement expenditure
§ 9. All costs of purchase, installation, transmission, repair and operation shall be borne by the fishing vessel owner. Until 1. January 2010 shall be borne by the Fisheries Directorate-General, however, the transmission costs for position messages that will be sent to the Fisheries Directorate via FOE.
(2). Fisheries Directorate shall bear the cost of transmission by virtue of section 4, paragraph 2.
§ 10. With fine punished anyone who violates or attempts to violate § 1, paragraph 2, § 3, section 4, paragraph 1, section 5, paragraph 1, 3 and 4, and articles 6 and 7.
(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
Date of entry into force of
§ 11. The notice shall enter into force on the 1. October 2009.
(2). Executive Order No. 636 of 1. August 2002 on the monitoring of fishing vessels by satellite shall be repealed.
The Fisheries Directorate-General, the 28. September 2009 Anders Munk Jensen/Gert T Annex 1
Submission of messages by malfunctioning (§ 5) and holding of vessel (section 7)
Announcement by malfunctioning (§ 5)
1) By malfunctioning, see. § 5, master of the vessel must send location message to the Fisheries Directorate-General in the manner and with the content specified in paragraph 2.
Fisheries Directorate be contacted at:
Phone: 72 18 56 09
Email: SET @ FD. DK
Fax: 33 45 58 94
If operated outside Denmark's exclusive economic zone, the communication in Community waters is also sent to the Vessel Monitoring Centre in the coastal State. If sailing in third-country waters, where there is an agreement on satellite monitoring of fishing vessels between the European communities and the country in question, the master also send position message to the concerned third country Vessel monitoring center. The message is sent by the use of telex, fax or radio via a coastal radio station that in Community law is approved for receipt of such notices.
Fisheries Directorate provides information on query addresses on the coastal radio stations to coastal States ' Vessel monitoring center in Community waters and in the third countries where there is an agreement on satellite monitoring of fishing vessels between the European communities and the country concerned. Information is also available on the Fisheries DG's website www.fd.fvm.dk.
2 Position reports should be sent by email) or fax.
3) Content of position report as:
(a)) the vessel's letters and number and radio call sign.
b) Position: latitude (degrees and minutes), e.g., 56 ° 37 ' N, longitude (degrees and minutes), e.g. 012 ° 12 ' e.
d) Speed (knots).
e ICES/NAFO sub-area).
f) date and time (UTC) for the position (on the date of dispatch).
g) coastal State (if outside Danish waters).
Lay-up of vessel (section 7)
4) the interruption of transmission, without prejudice to the position. section 7, paragraph 1, the following shall be added for position reports as described in points 2 and 3:
a) Outward from the starting date to the ending date, e.g. passive 24102009 to 28102009.
(b)) Reason, e.g. shipbuilding stay.
At the resumption of normal operation after an interruption of position reports, see. section 7, paragraph 2, the following shall be added: Active, start date and time.