(1) A licence shall not be issued under this Act which authorises a foreign fishing vessel to engage in fishing in the fishery waters except under an access arrangement made under this Act.

(2) Subsection (1) does not apply to a licence issued in the absence of an applicable access arrangement in respect of

(a) marine scientific research, or

(b) trial fishing operations.

(3) Despite the provisions of subsections (1) and (2), the Minister on the recommendation of the Council may issue a licence to a foreign fishing vessel authorising that vessel to be used in the fishery waters for the fishing or related activities specified in the licence, or for any other purposes in accordance with this Act.

(4) The Minister shall not issue a licence to a foreign fishing vessel unless it is satisfied that the vessel

(a) is registered in accordance with the law of its flag State, and

(b) a certificate of seaworthiness is issued for the vessel by the competent authority or by the International Association of Classification Societies.