(a) Applicability. The holder of any of the following permits is subject to the vessel monitoring system requirements in this part:
(1) Hawaii longline limited access permit issued pursuant to § 665.801(b);
(2) American Samoa large vessel longline limited entry permit issued pursuant to § 665.801(c);
(3) Vessels permitted to fish in Crustacean Permit Area 1 VMS Subarea; or
(4) CNMI commercial bottomfish permit, if the vessel is a medium or large bottomfish vessel, issued pursuant to § 665.404(a)(2).
(b) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS complies with the requirement of this subpart.
(c) Notification. After a permit holder subject to § 665.19(a) has been notified by the SAC of a specific date for installation of a VMS unit on the permit holder's vessel, the vessel must carry and operate the VMS unit after the date scheduled for installation.
(d) Fees and charges. During the experimental VMS program, the holder of a permit subject to § 665.19(a) shall not be assessed any fee or other charges to obtain and use a VMS unit, including the communication charges related directed to requirements under this section. Communication charges related to any additional equipment attached to the VMS unit by the owner or operator shall be the responsibility of the owner or operator and not NMFS.
(e) Permit holder duties. The holder of a permit subject to § 665.19(a) and master of the vessel must:
(1) Provide opportunity for the SAC to install and make operational a VMS unit after notification.
(2) Carry and continuously operate the VMS unit on board whenever the vessel is at sea.
(3) Not remove, relocate, or make non-operational the VMS unit without prior approval from the SAC.
(f) Authorization by the SAC. The SAC has authority over the installation and operation of the VMS unit. The SAC may authorize the connection or order the disconnection of additional equipment, including a computer, to any VMS unit when deemed appropriate by the SAC.
[75 FR 2205, Jan. 14, 2010, as amended at 86 FR 55745, Oct. 7, 2021]