Regulations relating to Licensing of Foreign Flag Vessels for the Purpose of Harvesting Namibia’s Share of Marine Resources (No. 147 of 2006)

(1) A person - (a) who holds a right under section 33 of the Act; or (b) who is nominated under section 35(2) of the Act, and who intends to use a foreign flag vessel to harvest Namibia’s share of marine resources, must apply to the Permanent Secretary for a licence in the form substantially corresponding with the Annexure A. (2) An application referred to in subregulation (1) must be accompanied by the appropriate fee specified in Annexure C. (3) The Permanent Secretary must within seven days of receiving an application made in terms of subregulation (1) and the fee referred to in subregulation (2), forward the application to the Minister. (4) On receipt of an application in terms of subregulation (3), the Minister may request further information as is reasonably necessary in respect of the application.

(1) The Minister must consider an application made in terms of regulation 3, and may - (a) subject to any condition which is reasonably necessary, grant the application; or (b) refuse the application in accordance with subregulation (3), and may provide the applicant with reasons for the refusal. (2) If the Minister grants the application in terms of subregulation (1), the Minister must issue a licence to the applicant in the form substantially corresponding with Annexure B. (3) The Minister may refuse an application made in terms of regulation 3, if the Minister is satisfied that - (a) the information furnished in the application is incomplete or incorrect; (b) the vessel in respect of which an application is made is not intended to be used as a fishing vessel; (c) the granting of the application will not be in the interest of the fishing industry harvesting Namibia’s share of marine resources; or (d) the granting of the application might threaten the sustainability of a particular marine resource. (4) If - (a) any change has occurred in the information submitted by a licence holder in connection with the application made in terms of regulation 3; or (b) the vessel in respect of which the licence is issued ceases to be used as a fishing vessel, the licence holder must, within 21 days of the change having occurred and in writing or in any other manner determined by the Permanent Secretary, inform the Permanent Secretary of the change.

(1) Subject to subregulations (2) and (3), the Minister may suspend, cancel or amend a licence if - (a) the foreign flag vessel ceases to be registered to its responsible party; (b) the licence holder has, in the application for a licence, furnished information which is not true or complete; (c) the licence holder contravenes or fails to comply with a condition attached to the licence; (d) the licence holder contravenes the Act; (e) the licence holder is convicted of an offense in terms of the Act or any regulation made under the Act; or (f) the licence holder fails to comply with the conservation and management measures.