(1) The Minister may, in accordance with this Act and any applicable Fisheries Managemcnt Plan, international agreement, national policy or national strategy, cnter into a writtcn agreement to authorise, and mpose terms and conditions for, a foreign fishing vessel to be licensed in the fisheries waters for fishing or related activities.

(1) The Minister may, in accordance with this Act and any applicable Fisheries Management Plan, international agreement, national policy or national strategy, enter into a written agreement to authorise, and impose terms and conditions for, a foreign fishing vessel to be licensed in the fisheries waters for fishing or related activities. (3) The Minister, prior to entering into an agreement, shall ensure that- (a) the terms of the agreement comply with all terms and requirements of each fisheries management agreement or arrangement approved or entered into under the authority of the Minister or to which Solomon Islands is party (b) the vessel, its operator, master and beneficial owner have not contravened (i) this Act (ii) applicable international conservation and management measures; (iii) any other fisheries laws of other States, in any place during the 5-year period prior to application for the licence and, where there have been relevant judicial or administrative proceedings, have not complied with a relevant judgement or determination.

(1) In granting or renewing licences under this Act, the Director, based on information and advice of the Fisheries Licensing Committee, shall take into account the extent to which the relevant State, operator, owner of the vessel or other relevant person or company, or the vessel, as appropriate, has – (a) complied with this Act, other relevant laws of Solomon Islands., applicable licensing terms and conditions and any Fisheries Management Plan or Access Agreement; (b) complied with requirements for seaworthiness and safety set out in section 57(1) of the Shipping Act 1998; (c) provided all required data and information and vessel attributes promptly and accurately, including through any applicable observer, port sampling and vessel monitoring system requirements; (d) complied with any applicable registration requirements, including – (i) in respect of foreign fishing vessels, having good standing on the Regional Register; (ii) in respect of vessels required to carry a mobile transceiver unit, registration on the Pacific Islands Forum Fisheries Agency vessel monitoring system register; and (iii) in the case of an operator or person, having complied with applicable international conservation and management measures, or, in the case of a State, having taken measures to ensure such compliance and not been associated with a vessel included on a IUU list. (e) complied with other applicable sub-regional, regional and international obligations, and such other standards as may be approved by the Minister; and (f) the ability to comply with this Act. (2) In this section, "vessel attributes'" include the type, construction, capacity, machinery and other attributes of a vessel, and specifications and other information in relation to its gear, equipment, aircraft and instrumentation.

(1) The Director shall not grant or renew a licence where he or she determines in relation to the Iicence, taking into account any advice and recommendations of the Fisheries Licensing Committee, that - (a) the standards set out in section 40 have not been met; (b) any allocation of at-sea vessel days made to Solomon Islands pursuant to a Fisheries Management Agreement would he exceeded; (c) the period of validity of the licence would extend beyond the next allocation of at-sea Vessel days to Solomon Islands, and would prejudice the prior rights of other vessels that may be entitled to such days under an agreement or arrangement approved by the Minister; or (d) the applicant has not- (i) complied with the terms of an existing or previous licence or any other requirement under this Act; and (ii) submitted to due process under this Act in respect of the non-compliance or satisfied any applicable judgment or determination. (2) If the information in an application for a licence or renewal of a licence is found to be false, misleading or inaccurate in any material sense, the Director may decline to grant or renew the licence. (3) A licence shall not be granted or renewed unless all fees payable under this Act arc paid at the required time. (4) the Director shall not grant or renew the licence for any foreign fishing vessel previously licensed for fishing on the high seas by a foreign State if that vessel undermined the effectiveness of applicable international conservation and management measures and (a) the foreign State suspended the previous licence, and the suspension has not expired; or (b) the foreign State, within the last 3 years preceding the application for a licence under this section, withdrew the previous licence. (5) The restriction in subsection (4) does not apply if - (a) the ownership of the vessel has changed since the vessel undermined the effectiveness of applicable international conservation and management measures; and (b) the new owner has provided evidence to the Director that, in the opinion of the Director, demonstrates that the previous owner has no further legal, beneficial or financial interest in the vessel.

(1) The Director may suspend or cancel a Licence or authorisation, in accordance with such proccdures as may be prescribed, for any of the following reasons .- (a) the holder has contravened - (i) this Act or the terms and conditions specified in the licence or authorisation:, or (ii) any applicable Fisheries Management Plan, Access Agreement, applicable international conservation and management measure; (b)the holder has not submitted to the required legal or administrative process., discharged an applicabic fine or penalty or complied with the requirements of an applicable determination; or (e) another State suspends or cancels the licence or authorisation of a Solomon Islands vessel that has been issued a licence or authorisation to fish in that State's waters; (d) there has been a change in circumstances affecting the eligibility criteria required for the licence; (e) there has been a material change since the grant of the licence under such conditions as may be prescribed or the Director may determine; (f) it is necessary to do so to ensure the sustainable use of the fisheries resource or to implement any conservation and management measures; (g) the seaworthiness and safety standard required under section 46 (I )(b) arc not met at all times; (h) information included in the application for the grant or renewal of the licence is found to be false, misleading or inaccurate; or (i) for such other reasons as may be prescribed. (2) The Director shall suspend or cancel a licence or authorisation, in accordance with such procedures as may be prescribed, where (a) this Act, or any applicable Fisheries Management Plan or Access Agreement so requires; or (b) in the case of a foreign fishing vessel, the Jicence issued by the flag State has been suspended or revoked. (3) The suspension or cancellation of any Iicence or authorisation shall be promptly communicated by the Director to the Iicence bolder by way of a written notice. (4) No person whose licence or authorisation is suspended or cancelled under subsection (1) or (2) is entitled to the refund of any fee, levy, or other charge paid in respect of the licence.

(1) The Director must not suspend, cancel or refuse to renew a licence without giving the licensee an opportunity to be heard, unless, in the Director’s opinion, it is in the public interest to suspend a licence immediately. (2) The Director must not suspend or cancel a licence or authorisation without giving the licensee written notice setting out the reasons for the proposed suspension or cancellation. (3) Where the Director proposes to suspend a licence or authorisation, he or she must give the licensee 30 days after the service of the written notice to make representation as to why the licence or authorisation should not be suspended or cancelled.

(1) Where the Director suspends a licence without notice, he or she must: (a) immediately notify the licensee of the suspension; and (b) give the licensee an opportunity to be heard within 15 days of the date of the suspension. (2) The suspension or cancellation of a licence under this regulation is in addition to any other penalty that may be imposed under the Act or any other legislation.

(1) Under section 52 (1)(e) of the Act, a material change since the grant of a licence must include: (a) where the licensee is a company, in the registration of that company; (b) in the registration of the licensed vessel; (c) where the licensee is a company, in the ownership or beneficial ownership or control of that company since the time of licence approval; (d) in the ownership or beneficial ownership or control of the licensed vessel; (e) in the location of the port of operations of the licensed vessel; or (f) in joint venture or other arrangements required for qualification as a locally-based foreign fishing vessel. (2) In the event that a licensee proposes a material change, the licensee or the agent of the licensee must immediately notify the Director in writing, giving details of the proposed change. (3) The Director must consider a notification under sub-regulation (2) and decide whether the proposed change is such that the licence should be varied to suit the changed circumstances or be cancelled.