(1) The Secretary shall maintain or cause to be maintained a Fishing Vessels Register. (2) Subject to subsection (3) no fishing vessel shall be operated in the fisheries waters and no Tongan ship shall be used in or outside the fisheries waters for fishing unless such vessel or ship has been registered on the Fishing Vessels Register. (3) The Minister may, by Notice in the Gazette, exempt any local fishing vessel used only for sport fishing other than for reward or profit, or any local fishing vessel or non-motorised canoe used only for subsistence fishing, or a foreign fishing vessel registered on the Regional Register or any other regional register of fishing vessels maintained under a regional fisheries management agreement or arrangement, from the requirements of subsection (2). (4) An application to the Secretary for registration of a fishing vessel in the Fishing Vessel Register shall be made in the prescribed form. (5) On receipt of an application to register on the Fishing Vessel Register, the Secretary shall cause the vessel to be inspected. (6) The Secretary may, where he is satisfied that a fishing vessel inspected under this section is fit for fishing and meets any prescribed safety and hygiene standards, on payment of the prescribed fee, issue a certificate of registration in respect of that vessel. (7) Any change of ownership of or addition or modification to, any vessel registered in the Fishing Vessel Register shall be notified to the Secretary by the new owner or by the owner as the case may be within 30 days of the change of ownership or addition or modification and the Secretary may withdraw the certificate of registration if such addition or modification results in the vessel failing to comply with any of the requirements set out in subsection (6). (8) In any court proceedings brought under this Act, the entry in respect of a vessel in the Fishing Vessel Register, the High Seas Fishing Permit Register or any other register maintained by the Secretary under this section shall be prima fade evidence of the ownership of the vessel. (9) Where a fishing vessel is operated in contravention of sub-section (2), the master, owner and charterer of the vessel shall each be guilty of an offense and shall each be liable upon conviction to a fine not exceeding $250,000. (10) The requirements under this section are in addition to and not in derogation of any requirement for registration under any other law relating to registration of ships.

Unless otherwise provided, an application for a licence, permit or authorisation under this Act shall be made in the Form prescribed in the Schedule to the Secretary.

(1) A fishing licence, permit or authorisation may be cancelled or suspended where the Secretary, or in the case of a foreign fishing vessel licence issued by the Minister, the Minister is satisfied that: (a) it is necessary to do so in order to give effect to any licensing programme, or participatory right scheme or other effort control programme specified in the fishery plan; or (b) the vessel in respect of which the licence, permit or authorisation has been issued has been used in contravention of this Act of any regulations made thereunder, or of any condition of the licence, permit or authorisation or in breach of any applicable access agreement or arrangement, except where the licence, permit or authorisation is issued by an administrator under a multilateral access agreement. (2) A foreign fishing vessel licence may be cancelled or suspended if it is in breach of the terms of any applicable multilateral agreement or arrangement entered into under sections 36 and 37. (3) Where a fishing licence, permit or authorisation has been cancelled or suspended under subsection (1), it shall not take effect until the licensee, permit holder or person holding an authorisation has been notified. (4) Where fishing licence, permit or authorisation has been suspended or cancelled on the grounds specified in subsection (1) (a), a proportion of any fees paid for the fishing licence, permit or authorisation representing any unexpired period of that licence or period of suspension, shall be reimbursed to the licensee, permit holder or person holding an authorisation. (5) Any notification given under subsection (3) shall be in writing, except that in the case of a foreign fishing vessel, it may be in writing, radio or such other form as the Minister directs.

(1) No foreign fishing vessel shall be used for fishing or related activities in the fisheries waters except: (a) under a commercial sport fishing vessel licence issued under section 30; (b) under an authorisation to carry out fishery scientific research or test fishing operations or surveys; or (c) under a current foreign fishing licence issued under a bilateral or multilateral access agreement or arrangement described under sections 36 and 37 and in accordance with its provisions and any related agreement or arrangement described in section 39. Fisheries management agreements and arrange- ments

(1) The Kingdom may enter into agreements or arrangements providing for - (2) An application for a foreign fishing vessel licence shall be made, in the prescribed form, to the Minister or, in the case of a multilateral agreement or arrangement, such authority as may be designated. (3) Subject to subsection (4), the Minister may, pursuant to a bilateral or multilateral agreement or arrangement, issue a foreign fishing vessel licence in respect of any foreign fishing vessel authorising that vessel to be used in such areas of the fisheries waters for such fishing or related activities as may be specified in the licence. (4) Subject to subsection (5), no foreign fishing vessel licence shall be issued in respect of any foreign fishing vessel unless there is in force with the Government of the flag state of the vessel or with an association representing foreign fishing vessel owners or charterers of which the owner or charterer of the vessel is a member, an access agreement or arrangement entered into under sections 36 and 37, to which the Kingdom is a party. (5) Subsection (4) shall not apply to a licence issued in respect of fishery scientific research or test fishing operations or survey. (6) Where a foreign fishing vessel is used in contravention of this section, the master, owner and charterer shall be guilty of an offense and shall each be liable upon conviction to a fine not exceeding $500,000.

An application for a high seas fishing permit in respect of a fishing vessel may be made only by the master, owner or charterer of a fishing vessel that is registered in the Fishing Vessel Register in a form approved by the Secretary.

(1) The Secretary shall not issue a high seas fishing permit in respect of a vessel unless he is satisfied that Tonga is able to ensure the effective implementation of the Compliance Agreement, the Fish Stocks Agreement and international conservation and management measures with respect to that vessel. (2) The Minister shall prescribe the level of fees payable for a high seas fishing permit. (3) No high seas fishing permit shall be issued in respect of any fishing vessel which is entitled to fly the flag, or flies the flag, of another State.

(1) The Secretary may cancel or suspend a high seas fishing permit where he is satisfied that: (a) the vessel in respect of which the permit was granted has been used in contravention of this Act or any regulations made pursuant to this Act or in breach of any conditions or restrictions in the permit; or (b) the vessel in respect of which the permit was granted has engaged in activities undermining the effectiveness of interna- tional conservation and management measures; or (c) it is necessary to ensure the effectiveness implementation of the Compliance Agreement, the Fish Stocks Agreement or international conservation and management measures. (2) When cancelling or suspending a high seas fishing permit, the Secretary may also direct that the vessel in respect of which the permit was granted shall return immediately to port. (3) If a high seas fishing permit is cancelled or suspended the Secretary may, taking into account the circumstances of the case, refund the whole or part of any fee charged for the permit.