“operator”, for a vessel: (a) means the person who, by virtue of ownership, a lease, a sub-lease, a charter or a sub-charter or otherwise, has lawful possession and control of the vessel; and (b) includes the master, owner or charterer of the vessel. “owner”, for a fishing vessel: (a) means a person exercising or discharging or claiming the right or accepting the obligation to exercise or discharge any of the powers or duties of the owner whether on his or her own behalf or on behalf of another; and (b) includes - (i) a person who is the owner jointly with any other person or persons; or (ii) a manager, director or secretary of a body corporate or company.

In this section, “person” means a Samoan or a company or other entity incorporated or established under the laws of Samoa.

(1) The Minister must not issue a licence under section 28 if the Chief Executive Officer advises the Minister that issuing the licence will contravene: (a) a requirement of this Act; (b) a fisheries treaty or a fisheries management agreement or fishery management plan; or (c) an international conservation or management measure binding on Samoa. (2) The Minister may, acting on the advice of the Chief Executive Officer, refuse an application for a licence on any or more of the following grounds: (a) the owner or operator is the subject of proceedings under the bankruptcy laws of any country and reasonable financial assurances have not been provided; (b) there has been a failure to satisfy a judgment or other determination for a contravention of this Act or an access agreement by the owner or operator of the vessel for which application for a licence has been made until such time as the judgment or other determination has been made; (c) the owner or operator of a vessel has contravened, or the vessel has been used to contravene conservation and management measures adopted by a regional or sub-regional fisheries management organisation to which Samoa is a party; (d) the owner or operator of a vessel has contravened, or the vessel has been used to contravene a fisheries treaty; (e) the owner or operator of a vessel has committed, or the vessel has been used to commit an offense under any other enactment; (f) if the fishing vessel for which the application is made does not have good standing on the Vessel Register maintained by the Pacific Islands Forum Fisheries Agency; (g) any previous offending history of the owner, operator or master of the vessel; (h) any other prescribed grounds.

(1) The Minister, acting on the advice of the Chief Executive Officer, may suspend or cancel a licence if the Minister is satisfied that: (a) it is necessary to do so in order to give effect to a licensing programme or conservation measure specified in, or implemented under a fishery management plan; or (b) a licensed fishing vessel has been used to contravene - (i) this Act; (ii) its licence or a condition of the licence (including the high seas authorisation); or (iii) an applicable fisheries treaty; or (c) payment has not been made and is overdue for any fees, other charges and compensation required under this Act, or for a penalty, fine or other order imposed under this Act; or (d) good standing on the Vessel Register has been withdrawn for the licensed vessel if the good standing is a condition of the licence; or (e) the Minister is required or authorised to do so under an access agreement; or (f) the holder of a licence fails to comply with the conditions of the licence or high seas authorisation or a requirement of this Act; or (g) on any other prescribed ground to suspend or cancel the licence.

(1) An authorised officer may: (a) order a person found committing an offense under this Act to stop committing the offense and if the person fails to obey the order, arrest the person without a warrant; or (b) with a warrant issued by a District Court Judge, arrest a person whom the officer reasonably suspects of having committed an offense under this Act, and request the person to provide the any or more of the following information – (i) the name by which the person is commonly known; (ii) the person's family name or surname; (iii) the person’s date of birth; (iv) the person’s actual place of residence; (v) the person’s occupation; (vi) proof of the information provided under subparagraphs (i) to (v) if it is reasonable to obtain proof. (2) If an authorised officer (other than a police officer) arrests a person under subsection (1), that authorised officer must, as soon as practicable, deliver the arrested person to the nearest police station or into the custody of a police officer.

(4) For the purposes of any proceedings under this Act, the act of any member of the crew of a fishing vessel while aboard that vessel or engaged in fishing activity related to that vessel is taken to be also that of the operator and master of the vessel.

If a person is convicted of an offense under this Act, the Court may make an order to suspend for any period as the Court considers appropriate or to forfeit, any fishing right, licence, authorisation or approval.

(1) Where the Secretary has reason to suspect that a vessel registered under this Act is not entitled to be registered he may, by written notice served on the registered owner of the vessel, require that person to furnish to the Secretary within the period specified in the notice, being not less than 30 days after the date of service of the notice, information relating to and evidence as to whether or not the owner is a Qualified Person.