(2) Prior to the issuance of a foreign fishing vessel licence under sub-regulation (1), the Director shall verify the information provided by the applicant and undertake a full review of the record of compliance ensuring that the foreign fishing vessel and its beneficial owner has never been involved in illegal, unreported and unregulated fishing activities, or that the ownership of the vessel has subsequently changed and the new owner has provided sufficient evidence demonstrating that the previous owner or operator has no further legal, beneficial of financial interest in, or control of the vessel.

A person who has a beneficial interest, otherwise than by way of mortgage in a ship or share in a ship registered in the name of another person as owner, shall as well as the registered owner be subject to all pecuniary penalties imposed by this or any other enactment on the owners of ships or share therein so however that proceedings may be taken for the enforcement of any such penalties against both or either of the person and the registered owner, with or without joining any of them.

“operator” means any natural or legal person who is in charge of or who directs or controls a vessel, and who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products and includes the master, owner and charterer and the beneficiary of the economic or financial benefit of the vessel’s operations."

(5) Where any information is given in respect of any fishing or related activity of a fishing vessel, it is presumed to have been given by the operator, including the master, owner and charterer of the vessel concerned, unless it is proved that it was not given or authorised to be given by any of them.