Fisheries Act
What qualifications does the law/regulation give for a vessel to qualify as a local vessel?
Article 47
(1) A local industrial or semi-industrial fishing vessel is a fishing vessel (a) owned or controlled by a citizen, the Government, or owned or controlled by a company or partnership registered by law in the Republic which has its principal place of business in the Republic and the share of which is beneficially owned wholly by the Government, a citizen, a public corporation established by law in the Republic or a combination of any of them, and in the case of a tuna fishing vessel, where at least fifty percent of the shares in the vessel is beneficially owned or controlled by the persons specified in paragraph (a), and registered in the Republic.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 76
(2) The Council may refuse to recommend the issue or renewal of a fishing licence, or may recommend the suspension or cancellation of a fishing licence or authorisation where it is satisfied that: (m) the applicant or operator of the vessel for which a licence is sought has a documented history of non-compliance with fisheries laws or regulations and is believed unlikely to comply with those laws, or regulations if a licence is issued.
What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?
Article 76
(2) The Council may refuse to recommend the issue or renewal of a fishing licence, or recommend the suspension or cancellation of a fishing licence or authorisation where it is satisfied that (a) information required to be given or reported under this Act and the applic-able access arrangement is false, incomplete, incorrect or misleading; (b) it is necessary to do so in order to give effect to a licensing programme specified in an approved fisheries plan; (c) the owner or charterer of the vessel is the subject of proceedings under the bankruptcy laws of a jurisdiction or on reasonable grounds appears unable to meet the financial obligations which could arise from fishing activities, and has not provided financial assurances required by the Commission; (d) the vessel in respect of which the licence was issued has been used in contravention of this Act or in breach of a regulation or direction made or given under this Act or a condition of the licence or, in the case of a foreign fishing vessel, in breach of an applicable access arrangement; (e) the fishing vessel does not meet the safety standards required under an enactment for the purpose for the time being in force; (j) the fishing vessel does not bear the prescribed markings; (g) the gear to be used on the fishing vessel does not meet the requirements of the prescribed mesh sizes; (h) the fishing vessel is manned by a crew that is not qualified under an existing enactment for the purpose; (i) the vessel is not seaworthy; (j) the fishing vessel is not covered by a valid policy of insurance which covers injury to third parties; (k) the owner, operator or master of the fishing vessel has failed to submit the catch returns or landing reports or to maintain logbooks as required under this Act or the Regulations; (f) the owner, operator or master of the fishing vessel engages in an activity prejudicial to the fishing industry; (m) the applicant or operator of the vessel for which a licence is sought has a documented history of non-compliance with fisheries laws or regulations and is believed unlikely to comply with those laws, or regulations if a licence is issued; or (n) the vessel for which the licence is sought is not equipped with a working transponder for satellite monitoring where applicable