83Issue of licences

1. The operator of any foreign fishing vessel who proposes to use that vessel for fishing within the exclusive economic zone may, in the approved form, apply for a licence for that purpose; and—

2. the application shall be made to a place appointed for the purpose by the chief executive by notice in the Gazette; and
3. the application shall be accompanied by the prescribed fee (if any) and shall contain such information as the Minister may from time to time require by notice in the Gazette.

4. The Minister may issue to the operator of any foreign fishing vessel a licence to fish using that vessel within the exclusive economic zone.

5. In the case of an application to fish for any highly migratory species, the Minister may issue a licence under subsection (2) only if the Minister considers that to do so would be consistent with the optimum utilisation of that species within the exclusive economic zone.

6. Before issuing a licence under this section, the Minister—

7. must have regard to the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, master, or crew; and
8. may have regard to such other matters as the Minister considers to be relevant.

9. A licence may be issued under this section upon or subject to conditions relating to all or any of the following matters:

10. the areas within the exclusive economic zone in which fishing is authorised:
11. the seasons, times, and particular voyages during which fishing is authorised:
12. the species, size, age, and quantities of fish, aquatic life, or seaweed that may be taken:
13. the methods by which fish, aquatic life, or seaweed may be taken:
14. the types, size, and amount of fishing gear or equipment that may be used or carried and the modes of storage of that gear or equipment when not in use:
15. the use, transfer, transhipment, landing, receiving, and processing of fish, aquatic life, or seaweed taken:
16. procedures or requirements, or both, enabling the verification of fish, aquatic life, or seaweed taken or being taken by the vessel, including procedures or restrictions relating to the species of, quantities of, or areas from which, fish, aquatic life, or seaweed are being or have been taken by the vessel:
17. entry by the vessel to New Zealand ports, whether for the inspection of its catch or for other purposes:
18. the compensation payable to New Zealand citizens or to the Crown in the event of any loss or damage caused by the vessel to other vessels or their gear, equipment or catch, or to pipelines or cables, or to other New Zealand interests:
19. reports and information required to be given to the chief executive by the licence holder, including reports and information relating to—
    1. catch and effort:
    2. the positions and activities of the vessel:
20. management controls regarding fishing-related mortality of protected species:
21. the conduct of specified programmes of fisheries research:
22. the display on board the vessel of the licence issued in respect of the vessel:
23. the marking of the vessel and other means for its identification:
24. the placing of observers on the vessel and the payment of any associated prescribed fees and charges by the licence holder:
25. the installation on the vessel and the maintenance of any automatic location communicator or other equipment for the identification and location of the vessel, and of adequate navigational equipment to enable the vessel to fix its position:
26. the carriage on board the vessel of specified charts, publications, and instruments:
27. such other matters as the Minister considers necessary or expedient for the purpose of this Act or any other enactment or otherwise.

28. The Minister may at any time, by notice in writing to the licence holder,—

29. amend or revoke any provision or condition of a licence issued under this section; or
30. add new provisions or conditions to any such licence—
with effect on and from a date specified in the notice.

31. In exercising powers under this section, the Minister shall ensure that the total catch authorised to be taken from any stock within the exclusive economic zone by vessels licensed under this section that are vessels of a particular country does not exceed that country's apportionment for that stock under section 82.