2012 Offshore Fisheries Management Act
Does the law/regulation require license denial where a vessel has violated fisheries laws in areas beyond national jurisdiction, for example where the vessel is on, or associates with another vessel on an RFMO IUU Vessel list or for other reasons?
Article 27
(1) A person shall not use a Fiji fishing vessel for fishing or related activities— (a) in the fisheries waters of another State except in accordance with the laws of that State and an authorisation issued under section 34 of this Decree; (b) in an area subject to a treaty or multilateral access agreement except in accordance with that treaty or agreement; (c) on the high seas except in accordance with an authorisation issued under section 34; or (d) in an area subject to an international conservation and management measure except in accordance with such measure.
Article 36
The Permanent Secretary may refuse an application for a licence on any of the following grounds— (c) an owner or operator of the vessel has contravened, or the vessel has been used for the contravention of conservation and management measures adopted by a regional or sub-regional fisheries management organisation to which Fiji is a member; (d) an owner or operator of the vessel has contravened, or the vessel has been used in the contravention of a treaty or access agreement to which Fiji is party; (h) granting of the licence would conflict or would be inconsistent with the requirements of this Decree, an applicable access agreement, fisheries management agreement, Fisheries Management Plan or any international conservation and management measure binding on Fiji.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 36
The Permanent Secretary may refuse an application for a licence on any of the following grounds— (a) the owner or operator is the subject of proceedings under bankruptcy laws of any jurisdiction and reasonable financial assurances have not been provided; (b) failure to satisfy a judgment or other determination for a contravention of this Decree or an access agreement by the owner or operator of the vessel in respect of which an application for a licence has been made until such time as the judgment or other determination has been made; (c) an owner or operator of the vessel has contravened, or the vessel has been used for the contravention of conservation and management measures adopted by a regional or sub-regional fisheries management organisation to which Fiji is a member; (d) an owner or operator of the vessel has contravened, or the vessel has been used in the contravention of a treaty or access agreement to which Fiji is party; (e) an owner or operator of the vessel has committed, or the vessel has been used to commit an offense against the laws of Fiji; (f) the fishing vessel in respect of which the application is made does not have good standing on the regional register; (g) the previous offending history of the vessel’s owner, operator or master; (h) granting of the licence would conflict or would be inconsistent with the requirements of this Decree, an applicable access agreement, fisheries management agreement, Fisheries Management Plan or any international conservation and management measure binding on Fiji; or (i) in accordance with such other grounds as may be prescribed by the Regulations.
Article 38
(1) The Permanent Secretary may suspend or cancel a licence or authorisation if— (a) it is necessary to do so in order to give effect to any licensing programme or conservation measure specified in or implemented in accordance with a Fisheries Management Plan; (b) a vessel is used in contravention of this Decree, condition of the licence or any applicable treaty or access agreement; (c) payment has not been made for any charge, penalty, fine or compensation required under this Decree; (d) good standing has been withdrawn in respect to the licenced or authorised vessel where such good standing is a condition of licence issuance; or (e) the Minister or Permanent Secretary is required or authorised to do so in accordance with the provisions of any access agreement entered into under this Decree.
Article 74
(7) Anyone convicted of an offense under this section shall have the applicable licence or authorisation cancelled in addition to other stated penalties.
Article 77
(6) An operator convicted of an offense under this section shall have the applicable licence cancelled in addition to other penalties, and no further licence shall be issued for last least one year from the time the offense was committed.