(1) In considering an application for a licence under this Part, the Chief Executive Officer shall take into consideration - (a) any relevant policy directions or guidelines of the Minister and the Authority; and (b) any relevant Fishery Strategy; and (c) any relevant declarations of total allowable catch or precautionary limit points; and (d) where the proposed operation entails possible adverse environmental effects, any proposals for the management of those effects; and (e), the commercial viability of the proposed operation (including where necessary or applicable, an assessment of the financial resources of the applicant and analysis of projected cash flows); and (f) the financial and operational history of the applicant and any other person involved in the operation the subject of the application; and (g) whether the applicant and any other person involved in the operation the subject of the application have cooperated in and made contributions to the development of the fishing industry, fishery research, the identification of fishing resources, the enforcement of fisheries laws, the provision of catch data and the conservation and management of fishing resources; and (h) in relation to a boat the subject of the application, the ownership and registration history of the boat, the nature of any charter agreement, lease, mortgage or other financial arrangement in relation to the boat, the proposed base port of operation of the boat and the history of the good standing of the boat; and (i) in relation to a national boat the subject of an application for a national boat licence, details of the ownership of the boat or the use of land-based facilities in Nauru such as may qualify the boat to be classed as a national boat; and (j) in relation to an application for a game fishing licence, whether it is proposed that the operation will be associated with any national, sub-regional or regional tag-and-release or other similar conservation or scientific project; and (k) any proposals by the applicant and any other person involved in the proposed operation for future expansion or alteration of the nature of the proposed operation; and (l) in relation to an enterprise which is not wholly owned and controlled by Nauruan citizens, the level of citizen equity and the degree of control exercisable in law, by agreement or in

practice by citizens in the enterprise, the proposed cost and profit sharing arrangements in the enterprise, and any proposals for variation in any of these; and (m) any proposed level of training and employment of Nauruan citizens in the proposed operation (including crew members on any boat involved in the proposed operation); and (n) any other similar matters.

(2) The Chief Executive Officer may refuse to grant a licence - (a) where he considers it necessary to do so in order to give effect to any licensing programme or limitation specified in a relevant Fishery Strategy or, in the case of a fishery not subject to a Fishery Strategy, or not previously exploited, where he believes that it would be detrimental to the proper management of the fishery to issue a licence; or (b) where the issue of the licence would conflict with any scheme of priorities established for the grant of licences; or (c) where he has reason to believe, in view of previous convictions for offenses related to fisheries, that the applicant will not comply with the conditions of the licence; or (d) in relation to an application in respect of a boat, where the boat does not have a valid seagoing certificate or certificate of seaworthiness where required under the laws governing shipping, or is not in compliance with any prescribed or acceptable safety standards; or (e) in relation to an application for a national boat licence where he is not satisfied as to the bona fides of the joint venture under which it is proposed the boat will operate or that the boat is sufficiently based in Nauru so to qualify, as a national boat; or (f) in relation to an application for a foreign boat licence, where the boat does not have good standing, or its good standing is suspended, or it does not have VMS registration; or (g) on any other grounds specified by or under the Act or these Regulations.

Where the owner or charterer of a foreign boat who is charged with an offense against section 22(1) or (2), 23, 24 or 26 is neither resident nor physically present in Nauru at the time when the boat was first arrested or at any time after the arrest - (a) the master of the boat; or (b) any employee, agent or representative of the owner or charterer who may be resident or physically present in Nauru at any time after the arrest,

shall be deemed to be the owner or charterer, as the case may be, and may be charged, prosecuted, convicted and sentenced as appropriate.