3.—(1) Subject to paragraph (2) this article applies to any fishing boat within the territorial sea adjacent to Wales which measures more than 20 metres between perpendiculars or more than 24 metres in overall length.
(2) This article does not apply to such a fishing boat which–
(a)operates exclusively within 12 nautical miles of the baselines from which the territorial sea of its flag Member State is measured, or
(b)which never spends more than 24 hours at sea taken from the time of departure to the time of return to port.
(3) A satellite tracking device shall–
(a)be installed;
(b)be maintained fully operational,
on a fishing boat to which this article applies.
(4) Such a satellite tracking device shall transmit the required information –
(a)where the satellite tracking device is capable of being polled:
(i)at least every two hours; or
(ii)in a case for which a different maximum interval is specified in Annex I of Regulation 1489/97, at or within such intervals; or
(b)where the satellite tracking device is not capable of being polled, hourly, in the format prescribed by Annex II to Regulation 1489/97 to a Fisheries Monitoring Centre.