Fisheries Regulations 1998
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
Article 3
- (1) A small boat which is used for fishing, including game fishing, in fisheries waters shall be registered in accordance with this Part. (2) The owner of a small boat may apply in Form 1 of Schedule 1 to register or renew the registration of the boat. (3) Where he is satisfied that - (a) the boat the subject of an application under sub-regulation (2) meets acceptable safety standards, and (b) the registration or renewal will not conflict with any scheme of priorities established for the registration of small boats; and (c) it is in the national interest to register or renew the registration of the boat, the Chief Executive Officer may, upon receiving payment of the fee set out in Column 2 of Schedule 2, register the boat and grant a certificate of registration in Form 2 of Schedule 1 to the owner of the boat, or renew the registration and certificate, as the case may be. (4) The period of registration under this Part is as specified in Column 3 of Schedule 2.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 20
(1) The Chief Executive Officer may suspend a licence, on such terms as he considers appropriate- (a) where a material misrepresentation, omission or misstatement of fact has been made in the application for the licence; or
(b) where there has been consistent failure to report as required by these Regulations; or (c) where he has reasonable grounds to suspect that there has been a contravention of, or a failure to comply with, a term or condition of the licence, not being a ground to which he has previously exercised his powers under this regulation in relation to the licence; or (d) where any fee, charge or levy required in respect of the licence has not been paid; or (e) for a specified period, where he is satisfied that the suspension is necessary for the proper management or conduct of a fishery or a fishing activity; or (f) where the licensee has been charged with an offense involving dishonesty under any law and the charge has not yet been determined; or (g) in respect of a national boat which the Republic has proposed for licensing under a Regional Licensing Arrangement, where he has reasonable grounds to believe that the boat has been operated contrary to the conditions of the Regional Licensing Arrangement or the laws of any state in whose waters the Regional Licensing Arrangement entitles it to fish; or (h) on any other ground specified under the Act or these Regulations for the suspension of a licence.
(2) Before a licence is suspended, the Chief Executive Officer shall serve a notice on the licensee specifying the ground for suspension and - (a) where the licence is being suspended under sub-regulation (1)(b) or (c), allowing the holder not less than 14 days after the date of serving of the notice to remedy the contravention or the failure to comply or pay; or (b) where the licence is being suspended under sub-regulation (1)(d), (f), (g), (h) or (i), allowing the holder not less than 14 days after the date of service of the notice to make representations as to why the licence should not be suspended.
(3) Unless sooner revoked, the suspension of a licence under sub-regulation (1)- (a) takes effect on the expiry of the time allowed in the notice under sub-regulation (2); and (b) continues until the suspension is rescinded by the Chief Executive Officer or the licence expires or is cancelled.
(4) On the request of the licensee, the Chief Executive Officer shall allow him an opportunity to be heard and - (a) where he is satisfied that the ground for suspension does not apply or is not sufficiently serious as to merit suspension, may rescind the suspension; or (b) where he is satisfied that the licensee is performing his obligations and complying with the Act and these Regulations, shall rescind the suspension.
(5)The Chief Executive Officer shall rescind a suspension - (a) under sub-regulation (1)(e), if the suspension is no longer required for the proper management of the fishery; or (b) under sub-regulation (1)(f), when the charge has been determined in favour of the licensee.