Section 36: Licence issued to a Mauritian fishing boat or fishing vessel

36. Licence issued to a Mauritian fishing boat or fishing vessel (1) Subject to subsection (2), no person shall use a Mauritian fishing boat or Mauritian fishing vessel for fishing or any related activity— (a) within the maritime zones; (b) in any fishery on the high seas, except under a licence issued under this section. F15 – 23 [Issue 2] Fisheries and Marine Resources Act (2) The owner of any Mauritian fishing boat or Mauritian fishing vessel shall, prior to starting to fish in the fishing zone of a foreign State, notify in writing the Permanent Secretary of that fact. (3) The Minister may exempt any fishing boat less than 12 metres in length from the requirements of subsection (1) (a), subject to such terms and conditions as he may determine. (4) (a) An application for a licence under this section shall be made to the Minister in such form as may be approved by the Permanent Secretary. (b) The form shall include such particulars referred to in section 6 (2) as the Permanent Secretary deems appropriate. (5) (a) The Minister may, on such terms and conditions as he thinks fit, issue a licence in the prescribed form, for the use of a Mauritian fishing boat or a Mauritian fishing vessel for the purpose of fishing or any related activity within the maritime zones or on the high seas. (b) A licence issued under paragraph (a) shall be issued on payment of the prescribed fee. (6) The Minister shall not issue a licence under this section unless he is satisfied that— (a) the vessel is a Mauritian fishing vessel registered under the Merchant Shipping Act; (b) the fishing boat is a fishing boat registered under section 44; (c) the applicant has satisfied such requirements as the Minister may determine; (d) the fishing boat or fishing vessel in respect of which the licence is sought has no history of non-compliance with international fishery conservation and management measures except where the ownership of the fishing boat or vessel has subsequently changed and the new owner provides sufficient evidence that the previous owner or master has no legal, beneficial or financial interest in, or control of, the fishing boat or the fishing vessel.