S.L. 425.7 ст. 5Application forms.

(1) The owner or charterer or captain of a fishing vessel shall apply for the registration and licensing of such vessel using and completing those forms as may be required by the Director. This form shall be accompanied by the following documents:

(a) a certificate indicating the tonnage and length of the vessel and it shall be issued in accordance with the related requirements of the Merchant Shipping Act and all regulations relative to tonnage made thereunder, or a sworn declaration stating that the vessel was not previously registered according to any law in Malta, and if no boat builder’s certificate can be provided the same declaration shall also state the origin of the vessel;

(b) a survey report of the fishing vessel;

(c) the deed or instrument of incorporation of the company or body corporate owning the fishing vessel in the event that ownership belongs to such company or body corporate;

(d) as many photographs as may be required to show the entirety of the fishing vessel, in order that the said photographs include the complete length, width and height from stern to bow, and port and starboard of the fishing vessel;

(e) a copy of a legally valid identification document of the physical person submitting the application; and

(f) the applicant shall provide reasonable evidence that he and the master of the vessel indicated upon the application for registration satisfy the requirements of sub-regulation (3).

(2) The Director shall only register a fishing vessel in the Fishing Vessels Register upon submission of a formal application accompanied with all the documents mentioned in subregulation (1):

Provided that at any stage between the submission of an application and the registration of the fishing vessel, the Director may issue to the applicant a non-operational temporary registration certificate which shall be effective only until such time as any other registration procedure which is required according to the Merchant

Shipping Act is concluded.

(3) Without prejudice to sub-regulation (4), the owner, charterer and master of the local fishing vessel shall be, at all times, resident in Malta and in conformity with all applicable immigration, residential, fiscal and employment laws, and the Director may require any evidence proving compliance with those laws and in case of a failure to provide such evidence or of a doubt on the said compliance, the Director shall refuse the application or suspend or revoke a registration.

(4) The Director shall provide separate and specific application forms requiring that information and, or documentation which he may deem appropriate, for the registration of a local fishing vessel whose master is not a citizen of a Member State of the European Union and, or does not fulfil the residency requirements of sub-regulation (3): Provided that such application forms shall clearly indicate that these are being submitted for the purposes of this sub-regulation and that such application forms, if duly completed, shall be submitted by the Director to the Minister for the consideration of the latter in accordance with this regulation: Provided further that, no master shall be validly registered and licensed to operate a local fishing vessel by the Director under this sub-regulation unless the Minister orders so in writing after considering that there are exceptional circumstances which call for such an order and that the prospective master is duly qualified to act as such according to law:

Provided further that the Minister may, at any time, delegate his powers under this sub-regulation to the Director.

(5) The registration and licensing of a master of a local fishing vessel as ordered by the Minister under sub-regulation (4) shall be valid for renewable periods of not more than one year.