(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.

(1) Subject to the provisions of this Act, and unless a multilateral access agreement or related agreement provides otherwise for license issuance, the Secretary, or in the case of a vessel other than a Cook Islands vessel, the Minister, may issue a license with the concurrence of Cabinet to the owner or operator of any vessel authorizing that vessel to be used - (a) in the fishery waters for such fishing, related activities, exploration or exploitation of non- living marine resources, or for other purposes in accordance with this Act as may be specified in the licence; or (b) for fishing in areas beyond the fishery waters. (2) No license shall be issued and no authorization shall be given pursuant to this Act unless - (a) an application is made to the Secretary in the prescribed form or to an Administrator or other responsible authority in accordance with an applicable multilateral access or related agreement; (b) the required fees and other forms of compensation have been paid in accordance with section 39 of this Act. (3) The Minister or Secretary as appropriate, may deny an application for a license on any of the following grounds - (a) the owner or operator is the subject of proceedings under the bankruptcy laws of any jurisdiction and reasonable financial assurances have not been provided; (b) there has been failure to satisfy a judgment or other determination for a contravention of this Act or an access agreement by the owner or operator of the vessel in respect of which application for a licence has been made until such time as the judgment or other determination for has been made; (c) an owner or operator of the vessel has contravened, or the vessel has been used for the contravention of an access agreement to which the Cook Islands is party, or has committed an offense against the laws of the Cook Islands; (d) where the fishing vessel in respect of which the application is made does not have good standing on the Regional Register; or (e) the previous offending history (if any), of the vessel's owner, operator or master; (f) in accordance with such other grounds as may be prescribed. (4) The Minister or Secretary as appropriate, shall deny any application for a license where the granting of the license would conflict or would be inconsistent with the requirements of this Act, an applicable access agreement, fisheries management agreement, fishery plan, or any international conservation and management measure.

(1) Every licence issued by the Minister or the Secretary shall be in the prescribed form, and may be subject to - (a) such conditions as may be prescribed; (b) such general conditions as may be specified under subsection (2); and (c) such special conditions as may be specified under subsection (3).

(2) The Minister may, by notice published in the Gazette, specify general conditions additional to those to which any licence shall be subject. (3) Subject to this Act, the Minister or Secretary as appropriate, may attach to any licence such special conditions as may be required for the proper management of fisheries, including conditions relating to - (a) the type and method of fishing or related activity authorised; (b) the areas within which such fishing or related activities are authorised; and

(c) the target species and amount of fish authorised to be taken, including any restriction on by- catch; and

(d) the times within which such fishing or related activities are authorised; and (e) restrictions relating to the numbers, types, sizes, specifications or operation of fishing related equipment and/or vessels

(4) The Minister or Secretary as appropriate, may from time to time, where it is expedient for the proper management of fisheries, vary any special conditions attached to any licence or authorisation. (5) Where the Minister or the Secretary varies any special conditions attached to any licence, the Minister or the Secretary shall notify the licence holder of the variation as soon as practicable.

(1) Subject to this section, every license issued by the Minister or the Secretary shall, unless earlier cancelled or suspended in accordance with section 41 of this Act, be valid for a period not exceeding 12 months. (2) Where a material circumstance of a licensed vessel changes, the license shall automatically terminate. (3) The period of validity of a license shall not extend beyond the period of validity of any applicable access agreement. (4) Except as may be otherwise prescribed in connection with the limitation of effort in any fishery, no license issued in respect of any vessel shall be transferable to any other vessel except with the written permission of the Secretary, unless provided otherwise by a fishery plan or an access agreement.

(1) Subject to subsection (5), the Secretary or Minister as appropriate, may cancel or suspend a license on any of the grounds set out in subsections (2), or on such grounds as may be prescribed. (2) A license may be cancelled or suspended where the Minister or the Secretary, as appropriate, is satisfied that - (a) it is necessary to do so in order to give effect to any licensing program or conservation measure specified in, or implemented in accordance with a fishery plan; (b) a vessel in respect of which the licence has been issued has been used in contravention of this Act or of any condition of the licence or in breach of any applicable access agreement; or (c) payment has not been made and is overdue for any fees, other charges and compensation required under this Act, or for any penalty, fine or other determination imposed pursuant to this Act; (d) Good standing on the Regional Register has been withdrawn in respect to the licensed vessel where such good standing is a condition of licence issuance; or (e) The Minister or Secretary is required or authorized to do so in accordance with the provisions of any access agreement entered into under this Act. (3) Where a fishing license has been cancelled or suspended under this section, notification of the cancellation or suspension shall be given to the person to whom the license was issued. (4) Where a license has been issued pursuant to a multilateral access agreement, it may only be suspended or cancelled in accordance with the terms of such agreement. (5) Where a license has been suspended or cancelled on the grounds specified in subsection (2) (a), a proportion of any fees paid for the license representing the unexpired period of that license or the period of suspension, as the case may be, shall be reimbursed to the licensee at his or her request. (6) Any notification given under subsection (3) shall be in writing, except as otherwise specified in subsection (7). (7) In the case of a fishing vessel, a notification referred to in subsection (4) may be in writing or by telex, radio, facsimile, email or such other form as the Secretary thinks appropriate.

Any person affected and aggrieved by - (a) the refusal of the Secretary to issue or renew a license in accordance with this Act in respect of a Cook Islands fishing vessel; or (b) the cancellation or suspension by the Secretary in accordance with this Act of a license issued in respect of a Cook Islands fishing vessel; may, within 30 days of the receipt of notification of that decision appeal against it to the Minister, whose decision shall be final.

A license or authorization issued under this Act shall not relieve any foreign vessel or its master or crew of any obligation or requirement imposed by any applicable law concerning navigation, customs, immigration, health or any other matter.

The Secretary shall cause to be maintained a register of all licenses issued pursuant to this Act by the Minister and the Secretary, containing information relating to - (a) the nature of the activity licensed; (b) the vessel, person or establishment licensed; and (c) the period of validity of each license; and such additional information relating to the licenses as the Secretary thinks appropriate.

(1) Subject to the provisions of this Act, and unless a multilateral access agreement or related agreement provides otherwise for license issuance, the Secretary, or in the case of a vessel other than a Cook Islands vessel, the Minister, may issue a license with the concurrence of Cabinet to the owner or operator of any vessel authorizing that vessel to be used - (a) in the fishery waters for such fishing, related activities, exploration or exploitation of non-living marine resources, or for other purposes in accordance with this Act as may be specified in the license; or (b) for fishing in areas beyond the fishery waters. (2) No license shall be issued and no authorization shall be given pursuant to this Act unless - (a) an application is made to the Secretary in the prescribed form or to an Administrator or other responsible authority in accordance with an applicable multilateral access or related agreement; (b) the required fees and other forms of compensation have been paid in accordance with section 39 of this Act. (3) The Minister or Secretary as appropriate, may deny an application for a license on any of the following grounds - (a) the owner or operator is the subject of proceedings under the bankruptcy laws of any jurisdiction and reasonable financial assurances have not been provided; (b) there has been failure to satisfy a judgment or other determination for a contravention of this Act or an access agreement by the owner or operator of the vessel in respect of which application for a license has been made until such time as the judgment or other determination for has been made; (c) an owner or operator of the vessel has contravened, or the vessel has been used for the contravention of an access agreement to which the Cook Islands is party, or has committed an offense against the laws of the Cook Islands; (d) where the fishing vessel in respect of which the application is made does not have good standing on the Regional Register; or (e) the previous offending history (if any), of the vessel's owner, operator or master; (f) in accordance with such other grounds as may be prescribed. (4) The Minister or Secretary as appropriate, shall deny any application for a license where the granting of the license would conflict or would be inconsistent with the requirements of this Act, an applicable access agreement, fisheries management agreement, fishery plan, or any international conservation and management measure.