(1) The Minister may from time to time, by notice in the Gazette, announce a period during which applications may be made for rights to harvest for commercial purposes any marine resource, and the conditions on which such marine resource may be harvested, and the Minister shall not consider any application received outside such period. (2) A person who wishes to a apply for a right referred to in subsection (1) shall submit an application to the Minister in the manner prescribed. (3) The Minister may, subject to subsection (4), grant a right to harvest any marine resource for commercial purposes to any person who applies for such a right under subsection (2), subject to such conditions in addition to those specified in the notice under subsection (1) as may be determined by the Minister. (4) When considering, an application for a right, the Minister may have regard to- (a) whether or not the applicant is a Namibian citizen; (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; (d) the ability of the applicant to exercise the right in a satisfactory manner; (e) the advancement of persons in Namibia who have been socially, economically or educationally disadvantaged by discriminatory laws or practices which were enacted or practised before the independence of Namibia; (f) regional development within Namibia; (g) co-operation with other countries, especially those in the Southern African Development Community; (h) the conservation and economic development of marine resources; (i) whether the applicant has successfully performed under an exploratory right in respect of the resource applied for; (j) socio-economic concerns; (k) the contribution of marine resources to food security; and (1) any other matter that may be prescribed. (5) A right shall be valid - (a) for such period as may be prescribed or if no period is prescribed, for such period as the Minister may specify; and (b) for harvesting the marine resource for which it is granted and for' such by catch as may be prescribed or as the Minister may specify. (6) If at any time before the expiry of a right, the holder of that right has met the prescribed criteria that would have permitted a longer term at the time of granting the right, or no longer fulfils the prescribed criteria for the term that was granted the Minister may vary the period of validity of the right to the period for which the holder qualifies, and when so varying the period, may also vary any condition attaching to the right or impose any additional condition.

(1) A holder of a right or an exploratory right or a person nominated under section 35(2) who wishes to use a fishing vessel for commercial purposes in Namibian waters or a person who wishes to use a Namibian flag vessel for harvesting. any marine resource outside Namibian waters shall apply for a licence to the Permanent Secretary in the manner prescribed. (2) A licence to use a fishing vessel to harvest a marine resource shall only be valid if the licensee holds a right or an exploratory right for that resource, and if a quota has been allocated, holds a quota for that resource. (3) The Minister may, upon application by a person referred to in subsection (1), issue a licence to that person in respect of a fishing vessel, authorising such activities, subject to such conditions and valid for such period, as the Minister may determine and state in the licence. (4) The Minister may refuse an application for a licence if the Minister is satisfied that – (a) the information furnished in the application is incorrect or incomplete; (b) the vessel in question is not intended for use as a fishing vessel; (c) the approval of the application will not be in the interest of the sector of the fishing industry harvesting a particular resource; (d) the issue ofthe licence would be inconsistent with an international agreement to which Namibia is a party; or (e) the approval might threaten the sustainability of a particular marine resource. (5) If- if (a) any change. has occurred in the information submitted by a licensee in connection with the application referred to in subsection (1); or (b) the vessel for which the licence has been issued ceases to be used as a fishing vessel, the licensee shall, within a period of 21 days from the date such event occurred, inform the Permanent Secretary of that fact.

(1) Where the holder of a right, an exploratory rig lit, a quota or a licence - (a) has furnished information which is untrue or incomplete in connection with his or her application for the right, the exploratory right, the quota or the licence; (b) contravenes or fails to comply with a condition imposed under this Act in respect of the right, the exploratory right, the quota or the licence; (c) contravenes or fails to comply with a provision of this Act; or (d) is convicted of an offense under this Act, the Permanent Secretary shall, by written notice delivered to the holder of such right, exploratory right, quota or licence or sent by registered post to the holder's last known address, request the holder to show cause, in writing, within a period of 21 days from the date of the notice, why such right, exploratory right, quota or licence should not be suspended, cancelled or reduced. (2) The Permanent Secretary shall, after expiry of the period of 21 days referred to in subsection (1) (a) refer the matter, together with any reasons furnished by the holder of the right, the exploratory right, the quota or the licence, to the Minister for the Minister's decision; and (b) if no response has been received from the holder of the right, the exploratory right, the quota or the licence, suspend such right, exploratory right, quota or licence until such time as a response is received and shall inform the holder thereof. (3) Where a matter is referred to the Minister under subsection (2), the Minister may (a) suspend the right, the exploratory right, the quota or the licence in question for a period determined by the Minister; (b) cancel the right, the exploratory right, the quota or the licence in question from a date determined by the Minister; (c) reduce the duration or the amount of the right, the exploratory right, the quota or the licence in question; (d) amend the conditions of the right, the exploratory right, the quota or the licence in question; or (e) decide not to take any action on the matter. (4) Notwithstanding subsections (1), (2) and (3), the Minister may, whenever he or she is of the opinion that it is in the interest of the promotion, protection or utilization on a sustainable basis of a particular marine resource, at any time by written notice to the holder of a right, an exploratory right, a quota or a licence in respect of that resource, suspend, cancel or reduce the duration or the amount of, or amend the conditions of such right, exploratory right, quota or licence. (5) Notwithstanding subsections (1), (2) and (3), where a licensee has committed one of the actions contemplated by subsection (1) or is convicted of an offense under this Act, the Minister may, by giving due notice by such means as may appear most effective in the circumstances, suspend the validity of the licence in respect of harvesting any marine resource outside Namibian waters, for such period as the Minister considers fit.

The following classes of ships shall be recognized as ships of Namibian nationality, to wit: (a) any ship registered under this Act; (b) any ship which in terms of subsection (2) of section 30 is deemed to be registered under this Act; (c) any ship licensed under this Act; (d) any ship (other than a ship referred to in paragraph (a), (b) or (c)) which is owned by the Government of Namibia; and (e) any vessel or ship contemplated in section 68(3)(b) - (i) the whole of which is owned by persons all of whom in terms of section eleven are qualified to own a Namibian ship; and (ii) the majority of the owners of which, either in number or extent of ownership, are persons resident in Namibia.

(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.