(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.

(1) A licence which authorises fishing or a fisheries activity in; contravention of a notice under section 11 of the Act is, to the extent that its terms contravene the notice, automatically suspended. (2) Where the good standing or the VMS registration of a licensed boat is suspended, any licence in respect of the boat is automatically suspended until and unless the good standing or the VMS registration (as the case may be) of the boat is restored.

(1) No licence shall be issued in respect of a foreign boat except under and in accordance with an access agreement. (2) An application for a foreign boat licence shall be made in Form 4 of Schedule 1 by or on behalf of the operator of the boat. (3) A foreign boat licence - (a) shall be in Form 5 of Schedule 1; and (b) shall be issued for a specified species, sub-species, class or type of fish; and (c) may be issued for a specified area of fisheries waters; and (d) shall specify the fishing method permitted under the licence; and (e) may specify the type of equipment to be used for fishing; and (f) may specify a port or ports at which the boat may tranship offload, refuel or re-provision; and (g) may specify such further conditions in relation to any fishing permitted under the licence, including catch limits, as are necessary or desirable; and (h) may specify a number of Nauruan citizens who are to be employed as crew aboard the boat during the licence period; and (i) shall require that an approved automatic location communicator be installed on the boat, maintained in good working order and kept operational at all times during the licence period and in accordance with the manufacturer's specifications and operating instructions and the standards laid down by the Regional Vessel Monitoring System; and (j) shall be endorsed in respect of any support aircraft and support craft.

(4) A foreign boat licence is subject to the conditions in regulation 27 and to such further conditions as are specified in it.

(1) The operator of a national boat may apply for a national boat licence in Form 6 of Schedule 1. (2) A national boat licence - (a) shall be in Form 7 of Schedule 1; and (b) shall be issued for a specified species, sub-species, class or type of fish; and (c) may be issued for a specified area of fisheries waters; and (d) shall specify the fishing method permitted under the licence; and (e) may specify the type of equipment to be used for fishing; and (f) may specify a port or ports at which the boat may tranship, offload, refuel or re-provision; and (g) may specify such further conditions in relation to any fishing permitted under the licence, including catch limits, as are necessary or desirable; and (h) may specify a number of Nauruan citizens who are to be employed as crew aboard the boat during the licence period; and (i) may require that an approved automatic location communicator be installed on the boat, maintained in good working order and kept operational at all times during the licence period and in accordance with the manufacturer's specifications and operating instructions and the standards laid down by the Regional Vessel Monitoring System; and (j) shall be endorsed in respect of any support aircraft and support craft. (2) A national boat licence is subject to the conditions in regulation 27 and to such further conditions as are specified in it.