Vessel Registration & License Management

Deep Sea Fisheries Management Act

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 35

    (1) A person shall not, being an operator of a fishing vessel, engage in any fishing activities unless such person has a valid and applicable licence, authorization or other permission issued in accordance with this Act. (2) Subject to subsection (1), the terms and conditions of licence, authorization and other permission shall be prescribed in the Regulations. 36.-(1) The holder of a licence, authorization or other permission issued under this Act shall: (a) comply with the terms and conditions of the licence, authorization or other permission; (b) comply with this Act, and any other written law, applicable Access Agreement and any applicable international conservation and management measure;and (c) comply with all relevant provisions of the laws of the United Republic relating to navigational standards, seaworthiness and safety of vessels at sea. (2) A person who contravenes this section commits an offense and shall, on conviction, be liable to a fine not exceeding the maximum amount set out in the Second Schedule to this Act, and in addition, the person’s licence may be suspended or cancelled.

  • Article 36

    (1) The holder of a licence, authorization or other permission issued under this Act shall: (a) comply with the terms and conditions of the licence, authorization or other permission; (b) comply with this Act, and any other written law, applicable Access Agreement and any applicable international conservation and management measure;and (c) comply with all relevant provisions of the laws of the United Republic relating to navigational standards, seaworthiness and safety of vessels at sea. (2) A person who contravenes this section commits an offense and shall, on conviction, be liable to a fine not exceeding the maximum amount set out in the Second Schedule to this Act, and in addition, the person’s licence may be suspended or cancelled.

Deep Sea Fisheries Management and Development Regulations, 2021

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Regulation 26

    1. The Director General may refuse to grant a license, authorization or permission, where he determines that- (a)the standards of pre-licensing inspection have not been met; (b) the exploitation of the fisheries is unsustainable; (c)the operator has been convicted of an offense involving dishonesty or fraud; (d) the operator has been involved in an organized criminal group or transnational crime; (e)the operator has committed an offense in the Exclusive Economic Zone, or the vessel has been used for such an offense and any consequent process has not been concluded; (f)the operator is associated with a fishing vessel that is on a list of a relevant RFMO that designates fishing vessels that have engaged in illegal, unreported or unregulated fishing; (g) the fishing vessel flies a flag that is considered to be a “flag of non-compliance” because of the failure of the flag State to exercise effective flag State responsibility based on criteria set out in FAO Guidelines for Flag State Performance; (h) the fishing vessel is not fit for the purpose for which application has been made; (i) port State measures have not been taken against the fishing vessel under an applicable conservation and management measure; or (j) the applicant has not: (i) complied with the terms of an existing or previous license or any other requirement under the Act and these Regulations; and (ii) submitted to due process under these Regulations in respect of the non-compliance or satisfied any applicable determination. (2) The Director General shall not grant a license or permission in relation to any foreign fishing vessel previously licensed for fishing or related activities by a foreign State if that vessel undermined the effectiveness of applicable ICMMs and the foreign State suspended or cancelled the previous license. (3) The restriction under subregulation (2) shall not apply if- (a) the ownership of the vessel has changed since the vessel undermined the effectiveness of applicable ICMMs; or (b) the new owner has provided evidence to the Director General that, in his opinion, demonstrates that the previous owner has no further legal, beneficial or financial interest in the vessel. (4) The Director General shall, in writing, notify the applicant the refusal to grant a license, authorization or permission and the reasons for such refusal.

Fisheries Act 2003

What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?

  • Article 5

    (3) There shall be a central registry of fishing vessels registered in accordance with the provisions of this Act.

  • Article 28

    (1) The Minister shall by notice published in the Gazette, prescribe fees for fishing vessel registration various licences, services,permits and export royalties.

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 20

    (1) Notwithstanding the provisions of section 19, the Director or any authorized officer shall for purposes of scientific research, complementary's educational and food supply with the consent in writing of the Minister, grant any fishing licence or to fish authority, as the case may be, to any person who is not a citizen of the United Republic, or, in the case of a body corporate, to any body corporate which is not incorporated by or under any written law. (2) in case of a fishing vessel flying a foreign flag, such vessel shall not change her foreign flag unless the Registrar of Ships has consulted the Director on the same.

Fisheries Regulations, 2009

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Regulation 13 (19)

    (19) A person shall not import, export, transport, sell or expose for sale, receive, acquire or purchase interstate or foreign commerce any fish or fishery product taken, processed, transported or sold in violation of ratified conventions.