Documents 1 and 3 must be appended to any application for a right to harvest marine resources in terms of Section 33 of the Marine Resources Act, 2000. Document 1 provides a form in which all names of shareholders must be disclosed and listed. Document 2 contains a form in which the company beneficial ownership must be disclosed. Document 3 features a form to disclose fishing vessel beneficial ownership. Each document must be accompanied by a series of supporting documents.

"master" in relation to a vessel, means the person having command of the -vessel;".

(1) Any person who, being the owner, the lessee, the charterer or the master of a foreign flag vessel uses such vessel in Namibian waters for harvesting marine resources, or allows it to be so used without the authorization of a valid licence in respect thereof shall be guilty of an offense and liable on conviction to a fine not exceeding N$2 000 000. (2) Any person who, being the owner, the. lessee, the charterer or the master of a Namibian flag vessel, uses such vessel to harvest marine resources, or allows it to be so used, without the authorisation of a valid licence in respect thereof shall be guilty of an offense and liable on conviction to a fine not exceeding N$2 000 000. (3) Any person who - (a) harvests any marine resource except under a right, an exploratory right or a fisheries agreement; (b) for commercial purposes harvests any marine resource subject to quotas except m terms of a quota or of permitted by-catch under a right, an exploratory right or a fisheries agreement; (c) being the holder of a quota, harvests any marine resource in contravention of any measures, including quotas, to which the Minister has subjected such resources; (d) being the holder of a quota, harvests any marine resource in contravention of the conditions which may have been determined for a right or a quota; (e) lands or tranships any marine resource in any place or manner not authorized by or under this Act; (f) assaults, obstructs, resists, hinders, threatens or intimidates a fisheries inspector, an honorary fisheries inspector, a fisheries observer, a staff member referred to in section 48(2), or any person authorized by any international agreement to which Namibia is a party to board or inspect a Namibian flag vessel on the high seas, in the exercise of any power or the performance of any duty under this Act; (g) where required by section 48 to record or report any matter or to supply any. information, fails so to do or records, reports or supplies false information or willfully submits any document, statement or representation knowing it to contain false or misleading information; (h) impersonates a fisheries inspector or an honorary fisheries inspector; (i) gives, offers or agrees or attempts to give any gift or consideration to a fisheries inspector, an honorary fisheries inspector, a fisheries observer or a staff member referred to in section 48(2) as an inducement or reward for doing, or forbearing, to do, or for having done or forborne to do any act in relation to his or her duties under this Act or for showing or forbearing to show favour or disfavour to any person in the execution of such duties; (j) being a fisheries inspector, an honorary fisheries inspector, a fisheries observer or a staff member referred to in section 48(2), accepts or obtains or agrees to accept or attempts to obtain from any person any gift or consideration as an inducement or reward for doing, or forbearing to do, or for having done or forborne to do any act in relation to his or her duties under this Act or for showing or forbearing to show favour or disfavour to any person in the execution of such duties; (k) willfully damages, destroys, discards or disposes of any vessel, fishing gear, document, book, record, chart, map or calendar or deletes or disposes of any information stored in any electronic or other equipment to prevent its seizure, forfeiture, sale, discovery or the production thereof in evidence in any proceedings before a court; or (l) being the owner, the lessee, the charterer or the master of a vessel not authorized by a licence to harvest marine resources, allows the vessel to be in Namibian waters without its fishing gear being dismantled, stowed or secured in accordance with section 49(1), shall be guilty of an offense and liable on conviction to a fine not exceeding N$1 000 000. (4) Any person who - (a) violates any condition of a right, an exploratory right, a fisheries agreement, a quota or a licence; (b) harvests marine resources in contravention of section 47 or any regulation prescribed thereunder; (c) being the owner, the lessee, the charterer or the master of a vessel, allows the vessel to be in any area where it is not authorized to harvest marine resources without its gear being stowed in accordance with section 49(2); (d) in a marine reserve, without having been granted permission to do so under section 51(3), dredges or extracts sand or gravel, discharges or deposits waste or any other polluting matter, or constructs or erects any building or structure or in any way disturbs, alters or destroys the natural environment; (e) discharges in or allows to enter or permits to be discharged in Namibian waters anything which is or may be injurious to marine resources or which may disturb or change the ecological balance in- any area of the sea, or which may detrimentally affect the marketability of marine resources, or which may hinder their harvesting; (f) kills or disables any marine animal by means of any explosive, poison or noxious substance, or by means of a firearm except as may be prescribed; or (g) harvests any marine animal by means of a driftnet, being a gillnet or. any other net, or a combination of such nets, with a total length exceeding 2.5 kilometres, or any shorter length as may be prescribed, being placed in the water and allowed to drift for the purpose of trapping or entangling marine resources, shall be guilty of an offense and liable on conviction to a fine not exceeding N$500 000. (5) Any fine imposed upon conviction under this section shall be recoverable as if it were a civil judgement.

(4) When considering, an application for a right, the Minister may have regard to- (b) where the applicant is a company, the extent to which the beneficial control of the company vests in Namibian citizens; (c) the beneficial ownership of any vessel which will be used by the applicant;