As of 04.01.2024, the Ministry of Agriculture and Forestry of the Republic of Turkey published the “Communiqué Amending the Fishing Vessel Monitoring System Communiqué” (“Communiqué No: 2023/47”) in the Official Gazette No: 32419. This Communiqué makes amendments to the previously published “Fishing Vessel Monitoring System Communiqué” (“Communiqué No: 2021/26”). The amendments introduced in this Communiqué modify certain provisions of the original Communiqué and include additional regulations.
Before discussing these changes and additional regulations, it is necessary to outline the general framework of Communiqué No: 2021/26.
Communiqué No: 2021/26, circulated by the Ministry of Agriculture and Forestry, is designed to monitor fishing vessels’ identification, location, time, speed, direction, and fishing activity data through GSM, satellite, and other communication devices. It aims to ensure that this data is recorded digitally, collected, evaluated, and used to detect and supervise rule violations. This Communiqué applies to fishing vessels licensed by the Ministry for commercial fishing activities. The regulations include provisions for the installation, use, and maintenance of monitoring devices on such vessels.
As of 01.01.2021, under the provisions of Communiqué No: 2021/26, the general rules for the use of the Fishing Vessel Monitoring System (BAGİS), the installation and removal of the BAGİS device, the obligations of the fishing vessel operator (“person responsible for the operation and management of the vessel or the owner or operator of the vessel”), and procedures related to device malfunctions, transfers, returns, and damages were defined. Among the regulations, Article 5 of Communiqué No: 2021/26 states that fishing vessels with a length of 12 meters or more, licensed by the Ministry for commercial fishing activities, must have a BAGİS device installed and functional to operate. The device’s provision, installation, removal, malfunctions, and subscription and communication costs are the responsibility of the fishing vessel operator.
Article 6 of the Communiqué assigns the General Directorate of Fisheries and Aquaculture (“General Directorate”) the task of coordinating requests for installation or removal of the BAGİS device and ensuring the device is operational. The fishing vessel operator must ensure that a device is installed before engaging in fishing activities, as the vessel will not be allowed to operate without the device. In the case of a device malfunction, Article 8 sets out the timeline for repairs, stating that failure to report or repair the malfunction within the prescribed period would lead to the vessel being prohibited from fishing.
- The amendments introduced in the “Communiqué No: 2023/47” to Communiqué No: 2021/26 include changes to Article 5 (Fourth Paragraph), Article 8 (Second Paragraph), and the addition of a new paragraph to Article 6. These amendments will come into effect as of 01.01.2024, though the publication date of 04.01.2024 will serve as the official date for their implementation.
The fourth paragraph of Article 5, before and after the amendment, is as follows:
“(4) The subscription and communication costs related to GSM, satellite, and other communication tools for BAGİS shall be borne by the fishing vessel operator.” (Pre-Amendment)
“(4) The Ministry shall determine the subscription and communication fees related to GSM, satellite, and other communication tools for BAGİS.” (Post-Amendment)
- With this amendment, the absolute requirement for the fishing vessel operator to cover all communication costs is lifted. The Ministry will now determine the specifics of who will cover these costs and to what extent. This reduces the financial burden on the vessel operator.
The second paragraph of Article 8, before and after the amendment, is as follows:
“(2) The fishing vessel operator must ensure that the repair is completed within ten days from the time an issue is reported. If the issue is not resolved within this time, the vessel will be prohibited from conducting fishing activities. However, in case of delays exceeding ten days due to technical service issues, an updated repair date may be considered with the approval of the General Directorate.” (Pre-Amendment)
“(2) The fishing vessel operator is required to regularly check whether the BAGİS device is functioning through the BAGİS software. If the device is malfunctioning, a malfunction report must be submitted. The fishing vessel cannot engage in fishing activities until the malfunction is fixed.” (Post-Amendment)
- This amendment removes the specific time frame for repairs and instead places the responsibility on the vessel operator to regularly monitor the device’s functionality. The vessel operator will not be under a strict deadline but must ensure the device is operational. Additionally, the fishing vessel is not allowed to operate until the malfunction is resolved.
The new paragraph added to Article 6 is as follows:
“(6) Interventions for BAGİS device malfunctions, device removal, and installation shall be carried out by firms authorized by the General Directorate. These firms will be publicly announced by the General Directorate.”
- This amendment expands the General Directorate’s role by ensuring that only authorized firms can intervene in the installation, removal, and repair of BAGİS devices. These firms will be publicly listed, increasing transparency in the process.
The provisions of this Communiqué will be executed by the Minister of Agriculture and Forestry.
- As of 04.01.2024, you can access the Official Gazette No: 32419 here, the Fishing Vessel Monitoring System Communiqué (No: 2021/26) here, and the Communiqué Amending the Fishing Vessel Monitoring System Communiqué (No: 2023/47) here.
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