(1) Without prejudice to the power of the Board to issue licences under Section 41, the Board shall refuse to grant a fishing licence - (a) if the vessel, its owners, charterers or operators are not in good standing; or (b) if the vessel is on a list of fishing vessels maintained by a regional fisheries management organisation of vessels that are believed to have engaged in illegal, unreported, or unregulated fishing; or (c) where it has been established that the vessel has been involved in the commission of a serious violation of an international conservation and management measure until such time as all outstanding sanctions imposed in respect of the violation have been complied with; or

(d) if there is reason to believe that the vessel has engaged in trafficking of people, drug trafficking, or has treated fish workers on board in a cruel or inhumane manner. (2) The Board shall not issue a fishing licence in respect of a vessel unless satisfied that Papua New Guinea will be able to exercise effectively its responsibilities under applicable international conservation and management measures with respect to that vessel.

(3) Subject to the provisions of Subsections (4) and (6), the Board shall not issue a fishing licence in respect of any fishing vessel, if that vessel was previously authorised to be used for fishing on the high seas by a foreign state, but - (a) the foreign state suspended such authorisation because the vessel undermined the effectiveness of international conservation and management measures, and the suspension has not expired; or

(b) the foreign state, within the last three years preceding the application for a licence under this section, withdrew such authorisation because the vessel undermined the effectiveness of international conservation and management measures; or (c) the vessel is at the time of application for a fishing licence on a list of vessels maintained by a global or regional fisheries organisation that are believed to have engaged in illegal, unreported or unregulated fishing. (4) The restriction in Subsection (3) does not apply if the ownership of the vessel has changed since the vessel undermined international conservation and management measures, and the new owner has provided sufficient evidence to the Board demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in the vessel.

(5) A decision by the Board under Subsection (2) of this section shall not be justiciable in a court of law or in summary proceedings under Part VII. (6) A person who knowingly or recklessly provides any information required to be given under this section which is false in a material particular commits an offense and shall be liable on summary conviction to a fine in accordance '\.th this Act, and in addition the applicable licence may be suspended or cancelled.

41B: Suspension or Cancellation. (1) A fishing licence may be suspended or cancelled - (a) where it appears to the Board that it is necessary or expedient to do so for the conservation or management of living marine resources; or (b) where the Board has reason to believe that a vessel has been engaged in illegal, unreported, or unregulated fishing; or (c) where the Board has reason to believe that the vessel has been used in the commission of a serious violation of an international conservation and management measure; or (d) where the Board has reason to believe that the vessel has been involved in trafficking of people, drug trafficking, or has treated fish workers on Board in a cruel or inhumane manner; or (e) where a vessel is removed from good standing; or (f) where a vessel is not registered or flagged in accordance with Papua New Guinea law; or (g) where a foreign state has removed any authorisation for the vessel to fish; or (h) where a vessel has been involved in two or more offenses referred to in Section 58(1) in the preceding two years. (2) Before a fishing licence is suspended or cancelled, the holder of the licence shall be informed of the intention to suspend or cancel and give reasons for the proposed action.

(3) A decision to suspend or cancel a fishing licence shall be communicated to the vessel master and holder of the licence as soon as practicable after the decision is made along with the reasons for the suspension or cancellation and shall be reviewed at periods no longer than 21 days. (4) The licence holder shall be given 21 days to make submissions in respect of any decision to suspend or cancel a licence.

(1) The Board may, upon the recommendation of the Managing Director, grant licences in accordance with this Act for any purposes which may be prescribed. (2) Upon a decision by the Board to grant a licence, the Managing Director shall issue such licence, which shall be subject to such terms and conditions required under Section 42 or otherwise authorized under this Act. (3) Each licence shall be issued on a form approved by the Managing Director.

An application for a licence shall be made in accordance with such procedures and other requirements as may be approved from time to time by the Managing Director.

(3) The operator of each licensed vessel shall be subject to and ensure compliance with the following licence terms and conditions:- (h) compliance with all laws of Papua New Guinea, the terms and conditions of any applicable licence and any applicable access agreement; (j) that there is full compliance with such other licence terms and conditions as may be prescribed or otherwise specified in accordance with this Act, and failure to comply fully with any of these conditions may result in suspension or cancellation of the licence in accordance with this Act, in addition to any penalty that may be imposed.

(1) A licence granted under this Act - (a) may be subject to such terms, conditions and endorsements as are imposed by the 
Board from time to time; and (b) subject to Subsection (6), comes into force on a date specified in it; and (c) subject to this section, remains in force, until the day on which it expires in 
accordance with the period approved by the Board from time to time for the class of licence to which it belongs, unless sooner revoked or suspended in accordance with this Act; and (d) may be subject to a performance bond issued in accordance with regulations made under this Act for an amount specified in the licence; and (e) shall be subject to the licence fee prescribed for that class of licence.
(2) Licences for vessels shall be subject to the terms and conditions specified in Subsections (3), (4) and (5) and any applicable access agreement. (3) The operator of each licensed vessel shall be subject to and ensure compliance with the following licence terms and conditions:- (a) the vessel shall at all times fly its national flag; (b) the vessel shall hold a valid registration issued by the flag State and shall not be registered in any other State; (c) the vessel shall display markings in accordance with approval given by the Managing Director; (d) the continuous monitoring of the international distress and call frequency 2182 
Khz (HF), and the international safety and calling frequency 156.8 MHz (channel 16, VHF-FM) to facilitate communication with the Authority; (e) that a recent and up-to-date copy of the International Code of Signals (INTECO) is carried on board and accessible at all times; (f) that a recent and up-to-date set of charts showing Papua New Guinea fisheries waters is carried on board at all times; (g) that such position-fixing, identification and vessel monitoring system equipment 
as may be required is installed, maintained and fully operational at all times as may be required; (h) compliance with all laws of Papua New Guinea, the terms and conditions of any applicable licence and any applicable access agreement; (i) compliance with all relevant provisions of national law relating to navigational standards and the safety of vessels at sea; (j) that there is full compliance with such other licence terms and conditions as may be prescribed or otherwise specified in accordance with this Act, and failure to comply fully with any of these conditions may result in suspension or cancellation of the licence in accordance with this Act, in addition to any penalty that may be imposed. (4) A licensed vessel shall carry the original copy of the licence on board the vessel at all times during the licence period and it shall be the responsibility of the Master to produce it to a Fishery Officer upon the request, and failure to comply with this condition or any part of it on more than two occasions may result in forfeiture of the vessel in accordance with Section 61, in addition to any penalty that may be imposed, provided that a faxed copy of a licence may be carried in circumstances where it has not been practical for the original to be placed on board the vessel. (5) A licensed vessel shall be operated in such a way that customary fishing activities are not disrupted or any way adversely affected. (6) Notwithstanding Subsection (1)(b) and (d), a licence shall not come into force unless the approved licence fee has been paid, and, where applicable, a performance bond has been issued. (7) Registers showing particulars of the licences granted under this Division and in force from time to time shall be kept in such manner and at such places as the Managing Director directs.

(1) A person whose application for a license has been refused by the Board may appeal to the Minister. (2) An appeal under this section shall be made in writing within 30 days of the date of refusal of the application. (3) In the exercise of his power to determine an appeal, the Minister shall convene a meeting of the Licence Appeals Committee. (4) The Licence Appeals Committee shall comprise a Magistrate at Grade 5 level, the Departmental Head of the Department responsible for transport matters and the Departmental Head of the Department responsible for provincial affairs matters or their nominees. (5) The License Appeals Committee shall receive a status report of the appeal from the Executive Director, and shall consider the appeal, with the view to arriving at a decision on the appeal. (6) A decision of the License Appeals Committee shall be presented to the Minister for his consideration and the Minister shall thereafter make a decision as to whether the appeal be accepted or rejected. (7) The decision of the Minister under Subsection (6) is final. (8) The Managing Director shall give effect to the decision of the Minister.

Where the terms of an access agreement authorizes an administrator to issue a licence for fishing in accordance with its terms in the fisheries waters, or a part oft he fisheries waters, and a valid and applicable licence has been duly issued by such administrator, the vessel is deemed to be licensed under this Act and according to the terms of the access agreement and the licence.

(1) A person who, without a valid and applicable licence - (a) on his own account, or as the partner, agent or employee of another person, engages in; or (b) causes or permits a person acting on his behalf to engage in; or (c) uses a vessel to engage in fishing or a related activity; or (d) engages in any activity, of a kind or type, or at a time, or in a place or manner, for which a licence is required under this Act, commits an offense. (2) A person who holds a valid and applicable licence and who -
(a) on his own account, or as the partner, agent or employee of another person, engages in; or (b) causes or permits a person acting on his behalf to engage in; or (c) uses a vessel to engage in fishing or a related activity; or (d) engages in any activity, which does not comply with the terms and conditions of such licence, commits an offense. (3) For the purposes of this section, where a person is charged for an act or omission done by an employee or other agent, the act or omission shall be deemed to have also been done by the person charged for the offense. (4) Section 25(1) of the Criminal Code (Chapter 252) is not a defence to a prosecution for an offense under this section.

(1) Fishing vessel licences shall be issued in accordance with this Act in respect of Papua New Guinea fishing vessels, locally based foreign fishing vessels and foreign fishing vessels, provided that a fishing vessel licence for a locally based foreign fishing vessel shall only be applied for by a citizen.

(1) No licence shall be issued which authorizes fishing or a related activity in contravention of a notice of prohibition under Section 30 of the Act, but where so issued, to the extent that a licence’s terms contravene the notice, it shall be automatically suspended upon notification by the Managing Director. (2) Where the good standing of a licensed vessel is withdrawn, any licence in respect of the vessel is automatically suspended until and unless the good standing of the vessel is restored. (3) Where a performance bond is not lodged as required in accordance with Section 13, the licence in respect of which the performance bond is required is automatically suspended until and unless the performance bond is lodged.

(1) Where– (a) the flag state registry; or (b) the ownership, of a licensed vessel changes, or it is established that a licensed vessel has more than one flag state registration, or change of ownership not approved by the Board under Section 16, any current licence in respect of the vessel shall automatically terminate unless otherwise provided in this Regulation. (2) Where the good standing of a licensed vessel is withdrawn, any current licence in respect of the vessel shall automatically terminate.

(1) Subject to Sections 15 and 17, the Registrar shall not register a ship under this Act unless– (a) the ship is owned wholly by a qualified person, or by persons each of whom is a qualified person; and (b) the ship is not registered in any other country. (2) For the purposes of this Act– (a) a person who is a citizen of Papua New Guinea; and (b) a corporation– (i) that is established under, and is subject to, the laws of Papua New Guinea; and (ii) that has its principal place of business in Papua New Guinea, being a corporation that is– (iii) registered by the Investment and Promotion Authority to carry on business as a shipowner in Papua New Guinea; or (iv) a national enterprise within the meaning of Section 3 of the Investment Promotion Act 1992. is a qualified person and no other person is a qualified person.

(1) Subject to Sections 15 and 17, the Registrar shall not register a ship under this Act unless– (a) the ship is owned wholly by a qualified person, or by persons each of whom is a qualified person; and (b) the ship is not registered in any other country. (2) For the purposes of this Act– (a) a person who is a citizen of Papua New Guinea; and (b) a corporation– (i) that is established under, and is subject to, the laws of Papua New Guinea; and (ii) that has its principal place of business in Papua New Guinea, being a corporation that is– (iii) registered by the Investment and Promotion Authority to carry on business as a shipowner in Papua New Guinea; or (iv) a national enterprise within the meaning of Section 3 of the Investment Promotion Act 1992. is a qualified person and no other person is a qualified person. (3)[22] [23]Where the Registrar has reasonable cause to believe, and does believe, that any ship registered under this Act should not continue to be so registered, he may direct the Registrar to require the master and owner of the ship, or either of them, to produce evidence his satisfaction that the ship should continue to be so registered. (4)[24] [25]If within such time as may be determined by the Authority, not being less than 30 days, the evidence referred to in Subsection (3) is not produced, the ship is liable to forfeiture.