Title 51 Marshall Islands Revised Code (MIRC) Chapter 4 (Fisheries Access and Licensing Act)

(1) The Director shall notify the applicant of the decision to issue or deny a license within a reasonable time of the dare of receipt of the application. (2) The Director may approve the application on such terms and conditions and with such restrictions as he or she deems appropriate. (3) A license, or its renewal, may be denied where: (a) the application is not in accordance with the requirements of this Title; (b) the Director is satisfied that information required to be given or reported under this title is false, incomplete or misleading; (c) the owner or charterer is the subject of proceedings under the bankruptcy laws of any jurisdiction or on reasonable grounds appears unable to meet any financial obligations which could arise from fishing activities and reasonable financial assurances determined by the Authority have not been provided: (d) the fishing vessel required safety standards; (e) the fishing vessel required markings; (f) an operator of the vessel has contravened, or the vessel has been used for contravention of an access agreement, or has committed an offense against the laws of the Republic of the Marshall Islands, (g) the Director determines that the issuance of a license would not be in the best interests of the Republic of the Marshall Islands. (4) A license shall be denied: (a) where the application is made in respect of a foreign fishing vessel, and such vessel does not have good standing on the Regional Register of Foreign Fishing Vessels maintained by the South Pacific Forum Fisheries Agency; (b) where there has been a failure to satisfy a judgment or other final determination for breach of this Title or an access or fisheries management agreement entered into pursuant to this Title by the operator of the vessel in respect of which application for a license has been made, until such time as the judgment or other determination is satisfied, and provided that a subsequent change in ownership of a vessel shall not affect the application of this provision; (c) where the Director determines it would be inconsistent with management measures implemented in accordance with this Title; (d) where the required fees, royalties or other forms of compensation have not been paid in accordance with this Title and an applicable access agreement; (e) where the Director determines that insurance requirements of this Title and/or any applicable access agreement are not fulfilled; (5) No license shall be issued: (a) authorizing fishing by foreign or domestic based vessels on, over or within one nautical mile of the edge of a coral reef that is wholly submerged at mean high tide within the Fishery Waters; (b) authorizing fishing using a driftnet or other substantially similar method of catching fish; (c) authorizing driftnet fishing activities. (6) If the Director denies an application submitted by an applicant, he shall notify such applicant of the denial and the reasons therefor. The applicant may then submit a revised application taking into consideration the reasons for disapproval. The decision of the Director will then be final and binding. [P.L. 199 7-60, §68.]

If any fishing vessel for which a license has been issued pursuant to this Title has been used in the commission of any act prohibited by this Title or other applicable law, an applicable access agreement, or any license issued in accordance with this Title, or if any fee or civil penalty, criminal fine or other determination imposed under this Title has not been paid within 30 days of the due date, the Director shall: (a) revoke such license with or without prejudice to the right of any party involved to be issued a license for such vessel in any subsequent licensing period; §69.]

(b) suspend such license for a period of time it may deem appropriate; or (c) impose additional conditions or restrictions on any such license.