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(1) The Council shall not recommend the issue or renewal of a fishing licence for a local industrial or semi-industrial fishing vessel or a foreign fishing vessel unless it is  satisfied that

(a) the application is in accordance with the requirements of this Act and the Regulations,

(b) the required fee has been paid in accordance with this Act and the applicable access arrangement, and

(c) there has not been a failure to satisfy a judgment or any other determination for a contravention of this Act or an access arrangement where applicable by the operator of the vessel in respect of which the application for the licence is made.

(2) The Council may refuse to recommend the issue or renewal of a fishing licence, or may recommend the suspension or cancellation of a fishing licence or authorisation where it is satisfied that

(a) information required to be given or reported under this Act and the applicable access arrangement is false, incomplete, incorrect or misleading;

(b) it is necessary to do so in order to give effect to a licensing programme specified in an approved fisheries plan;

(c) the owner or charterer of the vessel is the subject of proceedings under the bankruptcy laws of a jurisdiction or on reasonable grounds appears unable to meet the financial obligations which could arise from fishing activities, and has not provided financial assurances required by the Commission;

(d) the vessel in respect of which the licence was issued has been used in contravention of this Act or in breach of a regulation or direction made or given under this Act or a condition of the licence or, in the case of a foreign fishing vessel, in breach of an applicable access arrangement;

(e) the fishing vessel does not meet the safety standards required under an enactment for the purpose for the time being in force;

(f) the fishing vessel does not bear the prescribed markings;

(g) the gear to be used on the fishing vessel does not meet the requirements of the prescribed mesh sizes;

(h) the fishing vessel is manned by a crew that is not qualified under an existing enactment for the purpose;

(i) the vessel is not seaworthy; "

(j) the fishing vessel is not covered by a valid policy of insurance which covers injury to third parties;

(k) the owner, operator or master of the fishing vessel has failed to submit the catch returns or landing reports or to maintain logbooks as required under this Act or the Regulations;

(l) the owner, operator or master of the fishing vessel engages in an activity prejudicial to the fishing industry;

(m) the applicant or operator of the vessel for which a licence is sought has a documented history of non-compliance with fisheries laws or regulations and is believed unlikely to comply with those laws, or regulations if a licencem is issued; or

(n) the vessel for which the licence is sought is not equipped with a working transponder for satellite monitoring where applicable.

(3) The Minister may, on the recommendations of the Council, impose additional conditions or modify the terms of a fishing licence on the grounds as specified by the Council after giving notice as provided in subsection (4) to the licensee.

(4) Where a licence is suspended or cancelled, notification of the cancellation or suspension shall be given to the person to whom the licence was issued within a period of at least seven days before the effective date of the suspension or cancellation.

(5) A notification given under subsection (4) shall be in writing, but in the case of a foreign fishing vessel, the notification may be in writing or by telex, radio, facsimile or any other form the Director considers appropriate.

(6) Where a fishing licence is suspended or cancelled on the grounds specified in subsection (2) (b), a proportion of the fees paid for the fishing licence representing the unexpired period of that licence or the period of suspension, shall be reimbursed to the licensee at the request of the licensee.