Marine Resources (Licensing) Regulations 2012

(1) No person shall place a fish aggregating device in the fishery waters except with the permission in writing of the Secretary and in accordance with such conditions as he may specify or as are otherwise specified in this Part. (2) In granting permission under sub-regulation (1) above, conditions which the Secretary may specify include, but are not limited to, the following - (a) the method of use; (b) the location; (c) the times during which the device may be used; and (d) the markings or colourings to be adopted; and (e) that the device does not constitute a hazard to navigation. (3) Permission to place a fish aggregating device shall not confer any exclusive right to fish in the vicinity of the device.

(1) The Secretary may, by notice published in the Cook Islands Gazette, declare any fixed fish aggregating device to be a designated fish aggregating device for the purposes of this Regulation. (2) The management and use of such designated fish aggregating devices shall be declared by notice in Gazette and/or any applicable management plan.

(1) Any fish aggregating device placed in the fishery waters shall - (a) be clearly marked with the name of the owner and of the vessel from which such device was placed; (b) be equipped with a radar reflector and such lights as shall be clearly visible at night from a distance of one nautical mile; and (c) have such other equipment or markings as the Secretary may from time to time require by notice published in the Cook Islands Gazette.

Permission to use a fish aggregating device does not affect any obligation to observe applicable conservation or management measures for fisheries unless the Secretary specifies in writing that a particular measure does not apply with respect to fish caught within one nautical mile of that device.

Any fish aggregating device placed in the fishery waters otherwise than in accordance with permission given under this Part and without a marking or piece of equipment required by these regulations may be used or disposed of in such manner as the Secretary may decide.

Any person who contravenes any provision in this Part commits an offense and shall be liable on conviction to a fine not exceeding $10,000.

Subject to this Part, and except as may be otherwise permitted under the terms of any applicable regulation, license, permit, bilateral or multilateral access agreement, the operator of a licensed fishing vessel shall not tranship anywhere in the Cook Islands.

An application for a transhipment permit shall be in writing in Form I and shall contain such additional information as may be required by the Minister and shall be accompanied by the fee specified in Part A of the Second Schedule.

Every transhipment permit shall be in writing in Form J and shall be carried on board the vessel at all times.

(1) An application for a transhipment permit may be denied on any of the following grounds - (a) the application is not in accordance with the requirements of the Act or these regulations; (b) that it is necessary in the opinion of the Minister to do so in order to give effect to any licensing program specified in an applicable fisheries plan; (c) that the Minister has reason to believe that the applicant will not comply with the conditions of the permit; ( d) that the applicant has failed to provide all information requested by the Minister in respect of the proposed transhipment operation or related activities; (e) such other grounds as may be specified in the Act or in any regulations made under the Act. (2) Unless otherwise required by the terms of an applicable bilateral agreement or multilateral access agreement, the Minister shall not be required to inform the applicant of the grounds upon which he has refused to issue a transhipment permit.

Every transhipment permit shall be subject to the following general conditions - (a) the licensed/authorized fishing vessel shall not land at any port or place in the Cook Islands (except for the island of Rarotonga), or in areas beyond national jurisdiction including areas of high seas, without the express permission in writing, of the Minister; (b) no fish may be transhipped in the Cook Islands (except for the island of Rarotonga) or in the fishery waters or in areas beyond the fishery waters, including areas of High Seas except as the Minister may authorise in writing in accordance with the Act; (c) catches may be transhipped at sea with the permission of the Minister in accordance with such conditions as the Secretary or Minister may apply; (d) the operator of the vessel shall provide 72 hours notice to the Ministry of Marine Resources or any other designated authority of a request to tranship any or all of the fish on board and shall provide the name of the vessel, its international radio call sign, its position, the catch on board by weight by species, the time and place where such transhipment is requested to occur; (e) the Company shall provide to the Secretary, all information relating to the catch offloaded in form as may be prescribed by the Secretary. Such information shall include details of the catch oftloaded by weight, species, rejected catch, and final destination of the catch offloaded; (f) only tranship at the time and place authorized in the transhipment permit.

(1) In addition to the grounds for license refusal set out in sections 35(3) and (4) of the Act, no fishing license shall be issued or renewed unless all information requested by the Secretary in respect of the proposed fishing operation or related activities has been provided in the manner required or requested. (2) Any person aggrieved by a decision made by the Secretary under sub-regulation (1) above may within 14 days of receipt of such decision submit to the Secretary a written appeal to the Minister. (3) The Secretary shall submit such written appeal under sub-regulation (2) above to the Minister within 7 days. (4) Where a written appeal is submitted under sub-regulation (3) above, the decision of the Minister shall be final and binding.