Cap. 425 Art. 12Licence requirements and conditions relating tolocalandforeign vessels.

(1) A fishing licence shall be granted to the master, owner or charterer in respect of a specified fishing vessel.

(2) The issue of each fishing licence shall be at the discretion of the Director who may, either authorise fishing generally, or for the purposes of conservation, may confer limited authority in writing by reference in particular to -

(a) the area in which fishing is authorised;

(b) the period, times or particular voyages during which fishing is authorised;

(c) the descriptions, quantities, size and presentation of fish which may be taken;

(d) the method of fishing.

(3) A fishing licence may authorise fishing either generally or subject to such conditions as may appear to the Director to be necessary or expedient for the regulation of sea fishing, or the conservation or management of fisheries in the fishing waters and in particular a licence may without prejudice to the generality of the foregoing conditions, contain conditions with regard to -

(a) the landing of fish caught under the authority of the licensee;

(b) the marking of the licensed fishing vessel;

(c) the records of fishing operations that shall be kept on board the licensed fishing vessel;

(d) the navigation equipment and charts to be carried on board the licensed fishing vessel; and

(e) the place or places where the licensed fishing vessel may carry out transhipment of fish.

(4) A fishing licence may be -

(a) varied from time to time, or

(b) revoked or suspended, if this appears to the Director to be necessary or expedient for the regulation of sea fishing, the conservation or management of fisheries in the fishing waters or for the economic benefit of Malta.

(5) No court may issue a warrant of prohibitory injunction or any other precautionary act, stopping the Director from doing anything which prima facie is in his power to do in accordance with this Act, before a final judgement that such action is illegal has been delivered: Provided that where an appeal is made against the Director’s decision in accordance with article 39, and until a final decision is given on such appeal, the Director may not take any action which is directly related with the matter subject to that appeal.

(6) If a fishing licence is varied, revoked or suspended the Director may, if he considers it appropriate in all the circumstances of the case, refund the whole or any part of the fee charged for the licence.

(7) No action for damages may be instituted against the Director because of the exercise by him of the powers under sub-article (4).