High Seas Fishing (Licensing) Regulations (S.I. No. 33 of 2014)

BELIZE: HIGH SEAS FISHING (LICENSING) REGULATIONS S. I. No. 33 of 2014 1. Short title. 2. Interpretation. 3. Extent of application. 4. Authority for the issuance of licences. 5. Issuance of a licence. 6. Application for a licence 7. Minimum information contained in a licence. 8. Period of validity of a licence. 9. General conditions attached to a licence. 10. Transfer of licence prohibited. 11. Refusal of licence. 12. Cancellation or suspension of a licence. 13. Renewal of a licence. 14. Automatic termination of a licence. 15. Lost, destroyed or defaced licence. 16. Effect of corporate licensee changing its shareholding or beneficial ownership. 17. Fees and other forms of contributions. 18. Record of fishing vessels. 19. Reporting requirements for licensed vessels. 20. Port calls. 21. Notification to RFMOs. 22. Observance of other laws. 23. Ignorance of law no defence. 24. Appeals. 25. Sanctions. 26. Commencement. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE . No. 33] High Seas Fishing 1 BELIZE: STATUTORY INSTRUMENT No. 33 of 2014 REGULATIONS made by the Registrar of Merchant Shipping, on the recommendations of the Director of High Seas Fisheries and with the approval of the Minister of Finance, pursuant to section 50 of the High Seas Fishing Act (No. 26 of 2013), and all other powers thereunto him enabling. (Gazetted 12th March, 2014). WHEREAS, section 14 of the High Seas Fishing Act (No. 26 of 2013) provides that no Belize flagged vessel shall be used for fishing or fishing related activities on the high seas or in the jurisdiction of another State unless the vessel has on board a valid high seas fishing licence and relevant fishing permissions from other States as may be necessary; AND WHEREAS, section 50 of the said Act provides for the making of regulations, inter alia, for the licensing, authorization or registration in respect of any vessel or class or category of vessels to be used for fishing or fishing related activities or any other purpose pursuant to the Act, including the form, issuance requirements, grounds for denial, terms and conditions and fees, charges, royalties and other forms of compensation related to such licensing, authorization or registration; AND WHEREAS, it is necessary to establish detailed rules and procedures for the issue of licences and the information to be contained therein in order to facilitate the homogenous control of fishing activities and information on the licence holders, capacity and gear.; NOW, THEREFORE, IT IS HEREBY PROVIDED as follows: 1. These Regulations may be cited as the HIGH SEAS FISHING (LICENSING) REGULATIONS, 2014. 2. (1) In these Regulations: “the Act” means the High Seas Fishing Act, 2013; “beneficial owner” or “owner” means the ultimate owning entity or representative thereof (either individual or body corporate or group of companies); the beneficial owner may be the vessel’s management company or the trading name of a group, both of which are generally perceived to represent the ultimate owner of a vessel; “fishery products” means any product(s) derived as a result of fishing and fishing related activities; “high seas fishing licence” or “licence” means any permit, authorization or licence issued in accordance with the Act and these regulations; “vessel” means a Belize flagged vessel. (2) Other words and expressions used in these Regulations shall have the meanings respectively assigned to them in the Act. 3. (1) These Regulations shall apply to: (a) all Belize flagged fishing vessels or any other Belize flagged vessels which engage in fishing or fishing related activities; Interpretation. No. 26 of 2013. 2 High Seas Fishing [No. 33 Short title. Extent of application. (b) all owners, operators, charterers and masters on Belize flagged vessels; (c) all inspectors and observers authorized to perform duties in accordance with the Act; and (d) all persons and entities empowered to function as representatives of the Belize High Seas Fisheries Unit. (2) All vessels operating in Belize’s jurisdictional waters shall be subject to domestic fishing rules and regulations. 4. All licences under these Regulations shall be issued under the hand of the Director with the approval of the Registrar. 5. (1) The Director may, with the approval of the Registrar, issue a licence to the owner and/or operator of a vessel authorizing it to be used for the following: (a) for fishing on the high seas; (b) for fishing in the waters under the jurisdiction of another State subject to the laws of that State; or (c) for all other activities which are subject to licences and authorizations under section 15 of the Act. (2) The types of licences that can be obtained in accordance with these regulations are prescribed in the First Schedule together with format of such licences. (3) Any licence issued is valid only for operation on the high seas with the exception of Authorizations to Operate No. 33] High Seas Fishing 3 Authority for the issuance of licences. Issuance of a licence First Schedule in the EEZ or Fisheries Waters of another State. Vessels which operate in the Exclusive Economic Zone of another State must hold a valid authorization from that State. Belize shall issue an accompanying authorization for operation within the EEZ of another State subsequent to the high seas fishing licence, subject to verification of the validity and authenticity of the licence issued by that State. (4) Authorization may also be issued to vessels that obtain a licence from a State that has bilateral information sharing agreement with Belize. 6. (1) All applications for a licence under these Regulations shall be made by the vessel’s resident agent or legal representative in the form set out in the Second Schedule to these Regulations. (2) The applications shall, as a minimum, be accompanied by the documents prescribed below: (a) the vessel’s current certificate of registry; (b) for vessels which are applying for an authorization to operate in the EEZ of another country, a corresponding valid licence or permit issued by that State; (c) power of attorney appointing a nominee or authorized representative; (d) signed, stamped and notarized statutory declaration from the owner, operator and master declaring no previous involvement in IUU activities and accepting joint liability for any infractions committed against the Act; 4 High Seas Fishing [No. 33 Application form for a licence. Second Schedule. (e) annual operation plan of the vessel; (f) crew list; (g) current photo of the vessel displaying its markings and identification in accordance with the regulations for the marking of a fishing vessel; and (h) ownership documents as prescribed in subregulation (3) below. (3) Depending on the type of ownership, the following documents will be required: (a) Individual Owners i. name of the bona-fide owner; ii. physical address of the owner and recent (no older than 3 months) proof of address; iii. valid national identification card, passport or other similar identification in addition to documentation showing physical address. (b) Corporate Owners i. a copy of the certificate of incorporation and where applicable, certificate of change of name; ii. a certificate of good standing and a properly authorized mandate of No. 33] High Seas Fishing 5 the company to establish the business relationship; iii. a register of members or a list of the names and addresses of the shareholder holding controlling interest in the company; iv. copies of identification documents of at least two of the directors (if there are more than one) and authorized signatories of the company; v. a copy of the memorandum and articles of association or bylaws of the company; vi. document which authenticates bona-fide ownership and clearly states permanent physical address of the company. (c) Partnership/Unincorporated business i. In case of local l imited partnerships: • a copy of the certified registration; • certificate of good standing issued by the registrar of companies. ii. In case of unincorporated business: 6 High Seas Fishing [No. 33 • evidence of the identity of a majority of the partners, owners or manager and authorized signatures; • a copy of the mandate from the partnership or unincorporated business authorizing the establishment of the business relationship and confirmation of any authorized signatories. (4) The Director may require any additional supporting documents as may be necessary for the approval of a licence. (5) The registration of the vessel with the International Merchant Marine Registry of Belize (IMMARBE) shall be a pre-requisite for any high seas fishing licence under these Regulations. (6) The supply of relevant information on the beneficial ownership of a vessel shall also be a pre-condition for obtaining a licence. 7. A licence shall contain, at the minimum, the information as specified below: I. IDENTIFICATION A. VESSEL 1. Vessel Name 2. Registration Number No. 33] High Seas Fishing 7 Minimum information contained in a licence 3. Call Sign 4. Gross Tonnage 5. LOA B. SHIP OWNER/OPERATOR 1. Name and Address of Vessel Owner 2. Name and Address of Vessel Operator II. AUTHORIZED OPERATION 1. Area of Operation 2. Fishing Gear 3. Species to be Targeted 4. Main landing ports 8. The licences issued under these Regulations shall be valid for a period of one (1) year from the date of issuance with the exception that Authorization to Operate in the EEZ or Fisheries Waters of another State shall be valid only during the currency of the fishing licence or other authorization granted by that State. 9. Every licence issued under Part IV, Section 15 of the Act shall be subject to the following general conditions: (a) The vessel shall, at all times: (i) fly the Belize flag; and 8 High Seas Fishing [No. 33 Period of validity of a licence. General conditions attached to a licence. (ii) display, in a place clearly visible from the sea and the air, on a contrasting background, its international radio call sign and all other marking as may be required under the Markings and Identification of Fishing Vessels and Fishing Gears Regulations. (b) Any change in the information set out in the application form shall be notified to the Director as soon as possible and, in any case, no later than seven (7) days from the date of the change. (c) Fishing is not authorized in any other areas on the high seas except as authorized by the licence. (d) No fish shall be transshipped from or onto the vessel except with the permission of the Director and in accordance with the conditions specified in the Regulations governing Transshipment. (e) The master of the vessel shall cause a logbook to be maintained on a daily basis in such a form as approved by the Director for the purpose of recording the fishing operations of the vessel. (f) The logbook maintained under paragraph (e) shall be transmitted in its original unaltered form to the Director or to any other person or organization designated by him – (i) no later than 7 days after completion of the voyage; or (ii) at any time at the request of the Director or any authorized officer. No. 33] High Seas Fishing 9 (g) The licence or a certified copy shall be kept on board the vessel at all times and shall be made available for inspection upon the request of any authorized officer, inspector or any other person authorized by the Director. (h) The master of the vessel shall, while in the waters of another State, take all reasonable measures and precautions to avoid causing damage to any local fishing operations, including non-commercial operations. (i) The vessel must have on board a Vessel Monitoring System which shall remain functional at all times while at sea and at port. (j) The vessel must have on board a valid licence prior to its departure from port. (k) All transshipment activities shall only be conducted with prior authorization from the Director and must be done in accordance with the regulations governing transshipment. The fishing gear must be stowed in such a manner that it is not immediately available for fishing whenever the vessel is present in any areas where such gear usage is prohibited or in areas closed to fishing activities. (l) The master shall allow any authorized officers or other persons designated in writing by the Director to board or remain on board the vessel as an observer and shall – (i) proceed to such port or place as the Director may require to allow an observer to board or disembark from the vessel; 10 High Seas Fishing [No. 33 (ii) allow the observer full access to all equipment, including navigation and communication equipment, records and documents and to any fish on board the vessel; (iii) allow the observer to make such observations and records and to take or remove such samples as he may reasonably require in connection with the vessel’s activities; (iv) provide, without charge, food, accommodation and medical treatment at least equivalent to that provided for officers of the vessel. 10. No licence issued in accordance with these Regulations shall be transferrable. 11. (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 authorisation 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 licence, withdrew such authorization because the vessel engaged in activities that were contrary to the provisions of international conservation and management measures. No. 33] High Seas Fishing 11 Transfer of licence prohibited. Refusal of licence. (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. (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 12 High Seas Fishing [No. 33 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 licence 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; 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 No. 33] High Seas Fishing 13 14 High Seas Fishing [No. 33 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. 12. (1) The Director may suspend or cancel a licence in accordance with any of the criteria prescribed below: a) information required to be given or reported under the Act or these regulations is false, incomplete, incorrect, misleading or not provided as and when required; or b) it is necessary to do so to give effect to any licensing program specified in a fishery management plan; or c) the owner or operator is the subject of bankruptcy proceedings under the insolvency laws of any jurisdiction, and satisfactory financial assurance has not been provided; or d) the vessel or establishment in respect of which the licence has been issued has been used in Cancellation or suspension of a licence. No. 33] High Seas Fishing 15 contravention of the Act or these Regulations, or of any of the conditions of the licence; or e) payment has not been made and is overdue in relation to any fees, charges, contributions and other payments required under these Regulations or for any penalty or fine in relation to a breach of the Act and these Regulations; or f) an operator has breached any obligations or requirements imposed by an international treaty, or has committed any offence against the laws of Belize that, in the opinion of the Director, justifies the suspension or cancellation of the licence; or g) the vessel is used in contravention of the conditions of its licence and applicable conservation and management measures or in contravention of any other applicable laws and regulations of Belize; h) the vessel is not in good standing with IMMARBE; or i) if a vessel has been identified as IUU in allegation of IUU or found guilty of having engaged in IUU fishing activities; or j) if the vessel is found to be fishing in the EEZ of another State without a corresponding authorization; or k) failure to renew licence within the specified period; or l) any other circumstances, which in the opinion of the Director, justify the suspension or cancellation of the licence. (2) If a licence is suspended or cancelled in accordance with this regulation, a written notification of the suspension or cancellation shall be given to the person to whom the licence was issued. 13 (1) The application for renewal of any licence issued under these Regulations must be filed on the relevant application form as prescribed in the Second Schedule by the vessel’s resident agent at least thirty (30) days before the expiry of its licence. The Director may request additional information or documentation as may be necessary. (2) The Director shall notify the International Merchant Marine Registry of Belize as well as the competent Regional Fisheries Management Organization of the names of the vessels that have not applied for renewal of their licences within the specified period. (3) Ship owners who do not intend to renew the licence must inform the Director no less than thirty (30) days before the expiry date of said licence. The Director will so inform the International Merchant Marine Registry of Belize and the relevant RFMOs. 14. Where the material circumstances of a licensed vessel change, including but not limited to a change of name, charter, operator, ownership, gear, or where the vessel ceases to be registered with IMMARBE, the licence shall automatically terminate. 15. (1) Where a licence has been lost or destroyed, the licensee may make written application to the Director for the issue of a duplicate licence. (2) Where the Director is satisfied that – (a) the licence has been lost or destroyed; and Second Schedule. Automatic termination of a licence. Lost, destroyed or defaced licence. Renewal of a licence. 16 High Seas Fishing [No. 33 (b) no improper use has been made or is being made of the licence; he may, on payment of the prescribed fee, issue a duplicate licence to the licensee. (3) Where a licence has been defaced, the licensee shall, on returning the licence to Director and on payment of the prescribed fee, be issued with a duplicate licence. (4) A duplicate licence issued under this regulation shall be stamped as duplicate and shall have the same force and effect as the original licence. 16. (1) A licensee which is a corporate entity and which proposes to change its shareholding or beneficial ownership shall give prior notice to the Director who may agree to the issuance of a new licence provided that the circumstances that existed when the licence was initially granted have not changed. (2) Where the circumstances that existed when the licence was initially issued have changed, the Director shall treat the notice as an application for a new licence. (3) Where prior notice as required under subregulation (1) is not received by the Director, the licence shall be deemed automatically cancelled on change of ownership. 17. (1) The applicant shall pay to the Government of Belize in respect of every licence issued by the Director, such fees and other forms of contributions as prescribed in the Third Schedule. (2) Fees are subject to change at the discretion of the Registrar and shall be published in advance of any change. (3) Fees mentioned in subregulation (1) above shall apply to both new applications and renewal of licences. Effect of corporate licensee changing its shareholding or beneficial ownership. Fees and other forms of contributions. Third Schedule No. 33] High Seas Fishing 17 (4) No licence shall be issued unless the Director is satisfied that any fee payable in respect of that licence has been paid and adequate arrangements have been made for the payment of any other charges payable. (5) Fees are non-refundable. 18. The Director shall maintain a record of all vessels licensed in accordance with these Regulations, as prescribed in section 25 of the Act, and shall make this information available to the FAO as required by the terms of the Compliance Agreement. 19. The master of a licensed vessel shall ensure compliance with all reporting requirements in accordance with the MCS Regulations. 20. (1) A licensed vessel shall make a port call for the purpose of inspection at a designated port at the commencement of each licence period. (2) A port call referred to in subregulation (1) shall be – (a) made for the purpose of inspection by an authorized officer; and (b) certified in writing by an authorized officer. (3) In addition to the required port call referred to in subregulation (1), a licensed vessel shall be required to make not less than two port calls per year at a designed port. 21. The Belize High Seas Fisheries Unit shall be responsible for notification to all Regional Fisheries Management Organizations of any licence issued in accordance with these Regulations. Record of fishing vessels. Reporting requirements for licensed vessels. Port Calls. Notification to RFMOs. 18 High Seas Fishing [No. 33 22. Any licence issued or authorization given under these Regulations shall not exempt a person from any other applicable laws of Belize or any reasonable requirements of another country. 23. The owner, operator and master of every Belize flagged high seas vessel must be familiar with all applicable conditions, obligations and requirements applying to his vessel engaged in fishing or related activities; and it shall be no defense that any person in breach of any condition, obligation or requirement was not aware of it or has not been advised of it. 24. (1) The owner, operator or legal representative of the vessel may appeal to the Registrar against any decision taken by the Director in accordance with these Regulations within thirty (30) days of such decision. (2) All appeals shall be determined on the basis of written submissions unless the appellant requests an oral audience in which case the respondent shall also have a right to appear before the Registrar. 25. (1) Failure to comply with the terms and conditions attached to any licence or the conditions of the Act and any Regulations relating thereto, may, in addition to any fine imposed, result in the suspension or revocation of any licence issued under these Regulations, either temporarily or permanently, or the imposition of any other accompanying sanctions. (2) Violations committed against the provisions of these Regulations shall be subject to sanctions under the Sanctions Regulations. Observance of other Laws. Ignorance of law no defence. Appeals. Sanctions. No. 33] High Seas Fishing 19 26. These Regulations shall come into force on the 12th day of March 2014. MADE by the Registrar of Merchant Shipping this 7th day of March, 2014. Commencement. (DEAN O. BARROW) Prime Minister and Minister of Finance (GIAN C. GANDHI) Registrar of Merchant Shipping APPROVED by the Minister of Finance this 7th day of March, 2014. 20 High Seas Fishing [No. 33 No. 33] High Seas Fishing 21 22 High Seas Fishing [No. 33 No. 33] High Seas Fishing 23 24 High Seas Fishing [No. 33 No. 33] High Seas Fishing 25 26 High Seas Fishing [No. 33 No. 33] High Seas Fishing 27 28 High Seas Fishing [No. 33 No. 33] High Seas Fishing 29 30 High Seas Fishing [No. 33