Refusal of license

(1) The Director shall not issue a high seas fishing license in respect of any fishing vessel of Belize, if that vessel was previously authorised to be used for fishing on the high seas by a foreign State, and– (a) that suspended such authorization because the vessel engaged in activities that are contrary to the provisions of international conservation and management measures, and the suspension has not expired; (b) the foreign State, within the last three years preceding the application for a license under this section, withdrew such authorization because the vessel engaged in activities that were contrary to the provisions of international conservation and management (2) The restriction in sub-section (1) does not apply if the ownership of the vessel has changed since the vessel engaged in contrary to the provisions of conservation and management measures, and the new owner has provided sufficient evidence to the Director demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in the vessel. (3) The restriction in sub-section (1) does not apply if the Director makes a determination that issuing a high seas fishing license in respect of the vessel would not undermine the effectiveness of international conservation and management (4) A person who knowingly or recklessly provides any information required to be given under this section which is false incomplete or misleading commits an offence and shall be liable to disciplinary measures in accordance with the Sanction (5) A license or its renewal may also be denied where– (a) the vessel is not duly registered or is not in good standing with IMMARBE; (b) the application is not in accordance with the requirements of this Act; (c) the vessel or a person associated with the vessel has previously been involved in a breach of this Act; (d) the owner, operator or charterer is the subject of legal proceedings or on reasonable grounds appears unable to meet its obligations: (e) the Director has reasonable grounds to believe that the ownership information is false or not a true representation of the beneficial ownership of the vessel or vessels; (f) the owner fails to submit the prescribed application and documentation required for the issuance or renewal of a license or (g) the fishing vessel does not bear the required markings; High Seas Fishing 29 (h) the fishing vessel does not bear the required markings for fishing gears; (i) an operator of the vessel has contravened or the vessel has committed a serious violation against the laws of Belize other international law relating to international conservation and (j) the fishing vessel is being used in operation within the EEZ of another State without the proper authorization of that State; (k) if the vessel does not have a good standing with the Regional Registers of vessels maintained by organizations; (l) there has been a failure to satisfy a judgment or other final determination for breach of this Act; (m) the owner fails to appoint a legal representative in Belize; (n) the Director determines that it would be inconsistent with management measures implemented in accordance with this Act; (o) the required fees, royalties or other forms of compensation have not been paid in accordance with this Act; or (p) the Director determines that the issuance of a license would not be in the best interests of 30 (6) The Director shall notify the applicant of the decision to issue or deny a license within a reasonable time of the date of receipt of the application. (7) The Director may attach to a licence such terms, conditions and restrictions as he may consider fit. (8) No license shall be issued authorizing fishing using a driftnet/gillnets or other substantially similar method of catching fish. (9) Where the licence is refused, the applicant shall be informed of the reasons for refusal and the applicant may then submit a revised application taking into consideration the reasons for disapproval.