The Automatic Vessel Identification System (AIS) is a vessel traffic monitoring and information system that, through the dissemination of local and vessel information, allows vessels equipped with AIS to share and receive, automatically and dynamically, namely, its position, speed and course.
Pursuant to Article 10(2)(a) of Council Regulation (EC) No. 1224/2009 of 20 November 2009, the AIS is mandatory for fishing vessels with a length outside ?a—outside ≥15m, install a Type A AIS and keep it operational and connected at all times, in accordance with article 6.º-A of Decree?Law no. 180/2004, of 27 July.
Thus, and since the AIS is a system that promotes maritime safety, protection and prevention of accidents and incidents at sea, and that safety is an issue that must be shared by everyone involved, it is recalled that fishing vessels are obliged to navigate with AIS installed, operational and turned on.
Under the terms of paragraph 2 of article 6-A of Decree-Law no. 180/2004, fishing vessels may navigate with the AIS turned off in exceptional circumstances and outside waters under national jurisdiction, when the crew member invested in command duties as he deems necessary for the safety or security of his ship.
Navigation without AIS installed, operational or turned off constitutes an infringement of the aforementioned legal provisions and an offense provided for and punished by paragraph a) of paragraph 2 of article 25 of Decree-Law no. 180/2004, of 27 July , with a fine of €400 to €2,500, in the case of natural persons, or from €2,500 to €30,000, in the case of legal persons.
It is also recalled that sailing on different fishing trips with the AIS turned off, constitute as many infractions as the fishing trips in which the AIS was found to be inoperative or turned off.