Refusal of licence

(1) The Director may refuse an application for a licence on the grounds indicated below as prescribed under Part IV, section 18 of the Act– (a) if the vessel was previously authorized to be used for fishing on the high seas by a foreign state and that State had suspended such authorization because the vessel was engaged in activities that were contrary to the provisions of international conservation and management measures, and the suspension has not expired; or (b) the foreign State, within the last three years preceding the application for a license, withdrew such authorization because the vessel engaged in activities that were contrary to the provisions of international conservation and management measures. (2) The restriction in subsection (1) does not apply if the ownership of the vessel has changed since the vessel engaged in activities contrary to the provisions of international 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 subsection (1) does not apply if the Director makes a determination that issuing a high seas fishing licence in respect of the vessel would not undermine the effectiveness of international conservation and management measures (4) An application for a licence may also be refused if a background search of the history of the vessel or its owner(s) and/or operator(s) indicates that there is a history of IUU activities. 38 High Seas Fishing (5) A licence or its renewal may also be denied where– (a) the vessel is not duly registered or in good standing with IMMARBE; (b) the application is not in accordance with the requirements of the Act or these Regulations; (c) the vessel or a person associated with the vessel has previously been involved in a breach of the Act or these Regulations; (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 authorization; (g) the fishing vessel does not bear the required markings for fishing vessels; (h) the fishing vessel does not bear the required markings for a fishing gear; (i) an operator of the vessel has contravened or the vessel has committed a serious violation against the laws of Belize, or other international law(s) relating to the international conservation and management measures; High Seas Fishing 39 (j) the fishing vessel is being operated 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 Fisheries Management Organizations; (l) there has been a failure to satisfy a judgment or other final determination for breach of the Act or these Regulations; (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 the Act and these Regulations; (o) the required fees, contributions or other forms of compensation have not been paid in accordance with the Act or these Regulations; (p) the Director determines that the issuance of a licence would not be in the best interests of Belize. (6) No licence shall be issued authorising fishing using driftnets, gillnets or other substantially similar methods of catching fish. (7) A written notification of the reasons for refusal of an application shall be given to the applicant.