113HACriteria that must be met before international fishing permit is issued

1. Before issuing an international fishing permit, the chief executive must be satisfied that the criteria set out in this section are met.

2. The applicant vessel must be registered—

3. under the Ship Registration Act 1992; and
4. in the Fishing Vessel Register as either a fish carrier or a fishing vessel.

5. For an international fishing permit under section 113H(b), the applicant vessel must be authorised by the relevant foreign country to fish within that country’s national fisheries jurisdiction.

6. The applicant vessel must not have been used to engage in—

7. a relevant activity at any time within the 3 years immediately before the application was made; or
8. a relevant activity that occurred at any earlier time and is the subject of—
   1. an ongoing prosecution for an offence against this Part; or
   2. a sentence that has not been served or a fine that has not been paid for an offence against this Part.

9. For the purposes of subsection (4),—

10. a vessel is used to engage in a relevant activity if it is used for fishing or transportation in a manner that undermines the effectiveness of international conservation and management measures:
11. a prosecution is ongoing until any rights of appeal against conviction or sentence are exhausted or have expired.

12. None of the following may be listed on a final IUU vessel list:

13. the applicant vessel:
14. a relevant person:
15. a vessel linked to a relevant person.

16. However, subsection (6) does not apply to a listing on a final IUU vessel list if—

17. New Zealand is not a party to the global, regional, or subregional fisheries organisation or arrangement that adopted the final IUU vessel list; and
18. the chief executive is satisfied that the applicant vessel, relevant person, or vessel linked to a relevant person was listed on the final IUU vessel list as the result of an unfair process (for example, because an adversely affected party was not given a reasonable opportunity to comment on the proposal to list the vessel or person); and
19. before being satisfied of that matter, the chief executive consults—
    1. the global, regional, or subregional fisheries organisation or arrangement that adopted the final IUU vessel list; and
    2. if the listing relates to a vessel that is not a New Zealand ship, the flag State of that other vessel.

20. In this section and section 113HB,—

    applicant vessel means the vessel to which the application for the international fishing permit relates

    relevant person means a person who is 1 or more of the following in relation to the applicant vessel:

    1. owner:
    2. beneficial owner:
    3. operator:
    4. foreign charterparty:
    5. notified user:
    6. master

    vessel linked to a relevant person means a vessel (other than the applicant vessel) in relation to which a relevant person is 1 or more of the following:

    1. owner:
    2. beneficial owner:
    3. operator:
    4. foreign charterparty:
    5. notified user:
    6. master.