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) The Minister may authorize in writing any transhipment involving any foreign vessel in the fishery waters where such activity does not constitute a condition of license for fishing, in accordance with any applicable access agreement and any requirements which may be prescribed. (2) The Minister shall attach such conditions as may be prescribed and may attach additional conditions as he thinks fit which are consistent with any conditions which may be prescribed, to any authorization granted under subsection (1). (3) Each person authorized in accordance with this section shall comply with all applicable laws of the Cook Islands and any conditions of such authorization. (4) The Minister may suspend such authorization if there is failure to comply with the conditions of the authorization or the requirements of this Act. (5) Any authorization granted under this section shall be in writing. (6) Any person commits an offense who undertakes any transhipment activity in respect of a foreign vessel without an authorization issued pursuant to this section, and shall be liable on conviction to a fine not less than $100,000 and not exceeding $1,000,000.