Fisheries Management and Development Act
This Act may be cited as the Fisheries Management and Development Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 378
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Fisheries Management and Development Act. Section 2 is titled "Interpretation" and includes the word "barter". Kenya has full jurisdiction and sovereign rights over fisheries resources (including in maritime zones and public waters), the sovereign management and control rights are vested in Kenya, and ownership of information reported under the Act is vested in the Government. Applies to all Kenya fishery waters and areas over which Kenya exercises jurisdiction or sovereign rights. The objective of this Act is to protect, manage, use and develop aquatic resources sustainably, uplift fishing communities, introduce fishing to non-fishing communities, and enhance food security.
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Provisions of Fisheries Management and Development Act
Showing 210 of 210
Part I
PRELIMINARY
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PRELIMINARY - 1. Citation
This Act may be cited as the Fisheries Management and Development Act.
Section 1. Citation Section This Act may be cited as the Fisheries Management and Development Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Section 2 is titled "Interpretation" and includes the word "barter".
Section 2. Interpretation Section barter; - 3 Verify source ↗
PRELIMINARY - 3. Jurisdiction and sovereign rights of Kenya
Kenya has full jurisdiction and sovereign rights over fisheries resources (including in maritime zones and public waters), the sovereign management and control rights are vested in Kenya, and ownership of information reported under the Act is vested in the Government.
Section 3. Jurisdiction and sovereign rights of Kenya Section 3(1) Kenya shall have full jurisdiction and sovereign rights over fisheries resources in accordance with the Maritime Zones Act (Cap. 371), and such other maritime zones or areas which may be claimed from time to time, and full sovereignty and jurisdiction over fisheries resources in all public waters within its territory, including to the outer limit of the territorial sea, notwithstanding any right, including ownership or occupation, that any person may possess in relation to the water, seabed, riverbed or subsoil. Section 3(2) In accordance with subsection (1), the sovereign rights of management and control over such fisheries resources are vested in Kenya. Section 3(3) Ownership of all information required to be reported, notified or otherwise given pursuant to this Act, including all information generated by an automatic location communicator or similar device that is part of a vessel monitoring system, is vested in the Government. - 4 Verify source ↗
PRELIMINARY - 4. Application
Applies to all Kenya fishery waters and areas over which Kenya exercises jurisdiction or sovereign rights.
Section 4. Application Section all Kenya fishery waters and areas over which Kenya exercises jurisdiction or sovereign rights; - 5 Verify source ↗
PRELIMINARY - 5. Objective and guiding principles
The objective of this Act is to protect, manage, use and develop aquatic resources sustainably, uplift fishing communities, introduce fishing to non-fishing communities, and enhance food security.
Section 5. Objective and guiding principles Section 5(1) The objective of this Act is to protect, manage, use and develop the aquatic resources in a manner which is consistent with ecologically sustainable development, to uplift the living standards of the fishing communities and to introduce fishing to traditionally non-fishing communities and to enhance food security. Section 5(2)(a) long-term sustainable use, conservation and management of fisheries resources and habitat, and adoption and implementation of management measures in such a manner as to ensure that the fisheries resources and habitat are not overexploited, threatened or endangered; Section 5(2)(b) allocation and access to the fisheries resources in a manner that achieves optimum utilization, equitable distribution and long- term sustainable development of fisheries resources to achieve economic growth, human resource development, employment creation, a sound ecological balance and generational equity; Section 5(2)(c) conservation and protection of fisheries habitats; Section 5(2)(d) ensuring the effective application of the ecosystem approach to fisheries management; Section 5(2)(e) ensuring that biodiversity and genetic diversity in the marine environment is maintained and enhanced; Section 5(2)(f) fostering recreational and ornamental fishing, aquaculture and commercial fishing activities for the benefit of the country; Section 5(2)(g) encouraging the participation of users of the fisheries resources, and the general community, in the management of fisheries; Section 5(2)(h) ensuring that management measures are based on the best scientific evidence available and are designed to maintain or restore stocks capable of producing sustainable yield, as qualified by relevant environmental and economic factors including fishing patterns, the interdependence of stocks and generally recommended international standards; Section 5(2)(i) application of the precautionary approach to the management and development of the fisheries at no less standard than is set out in any international agreement; Section 5(2)(j) managing fisheries resources in an efficient and cost effective manner, including setting targets for the recovery of management costs; Section 5(2)(k) collection and, as appropriate sharing, in a timely manner complete and accurate data and information concerning fishing activities and fisheries; Section 5(2)(l) implementation and enforcement of conservation and management measures through effective monitoring, control and surveillance; Section 5(2)(m) promotion of sustainable aquaculture in appropriate zones as a viable option to contribute to food security replenishing natural habitats through diversification from capture fisheries and wealth generation; Section 5(2)(n) minimization of wastage, bycatch, discards, catch by lost or abandoned gear, pollution and the promotion of development and use of selective, environmentally safe and cost-effective fishing gear and techniques; Section 5(2)(o) prevention or elimination of over-fishing and excess capacity and managing levels of fishing efforts so they do not exceed levels commensurate with sustainable use of fishery resources; Section 5(2)(p) effective implementation of international agreements and relevant international laws in conformity with the Treaty Making and Ratification Act (Cap. 4D); Section 5(2)(q) ensuring effective cooperation with coastal States, fishing States and entities and competent organisations; and Section 5(2)(r) ensuring that the livelihood of fishers is enhanced. Section 5(3) All of the principles in subsection (1) should be applied to the greatest extent possible, and the principle set out in subparagraph (2)(a) shall be given priority at all times.
Part II
THE KENYA FISHERIES ADVISORY COUNCIL
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THE KENYA FISHERIES ADVISORY COUNCIL - 6. Establishment of the Kenya Fisheries Council
Section establishes the Kenya Fisheries Council, lists its membership, and sets rules for appointment of the Chairperson, election of the vice Chairperson, composition balance requirements, alternates, powers to form committees, and provision of secretariat services.
Section 6. Establishment of the Kenya Fisheries Council Section 6(1)(a) the Cabinet Secretaries responsible for fisheries; Section 6(1)(b) the Cabinet Secretary responsible for interior and co-ordination of national government; Section 6(1)(c) Cabinet Secretary responsible for transport and infrastructure; Section 6(1)(d) the Cabinet Secretary responsible for national treasury; Section 6(1)(e) the Cabinet Secretary responsible for foreign affairs and international trade; Section 6(1)(f) a representative from a university or research institution with expertise in fisheries and who shall be nominated by the University council; Section 6(1)(g) a representative from the consumer federation nominated by the national consumer federation; Section 6(1)(h) a designate from the Council of Governors with expertise in fisheries who shall be nominated by the Council of governors; and Section 6(1)(i) a representative of fisheries nominated by a national umbrella of body fisheries. Section 6(2)(a) policies in relation to the co-ordination of fisheries management in relation to the aquatic environment and human dimensions; Section 6(2)(b) the allocation and access to fisheries resources; Section 6(2)(c) intergovernmental agreements and arrangements related to fisheries; Section 6(2)(d) research, education, capacity development in fisheries and the management of fisheries resources; Section 6(2)(e) management plans and resources for the development of the fisheries sector; and Section 6(2)(f) any other matters connected with this or any other related Act. Section 6(3) The Chairperson of the Council shall be appointed by the President from persons nominated under section 6(1) not being a Cabinet Secretary, upon recommendation by the Cabinet Secretary responsible for fisheries. Section 6(4) The vice Chairperson of the Council shall be elected by members of the Council at their first sitting, provided that the chair and vice chairperson shall not be of the same gender. Section 6(5) In making appointments of the members to the Council, the Cabinet Secretary shall observe regional, gender, age, disability and ethnic balance. Section 6(6) Each Cabinet Secretary represented on the Council in accordance with subsection (1) may designate an alternate who is knowledgeable and experienced in issues relevant to fisheries; Section 6(7) The Council may establish such working groups and committees as it deems necessary and as are agreed by the Cabinet Secretary. Section 6(8) The Ministry responsible for fisheries shall provide secretariat services for the Council.
Part III
THE KENYA FISHERIES SERVICE
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THE KENYA FISHERIES SERVICE - 10. Establishment, functions, powers and duties of the Board of Directors
Section 10 sets out the Board of Directors' functions, powers and duties, including oversight, advising the Cabinet Secretary, approving budgets, endorsing reports, establishing selection and employment processes, collaboration with agencies, policy guidance, and other Cabinet Secretary-prescribed functions; it also requires board members to act in good faith, comply with the Act and rely on official information.
Section 10. Establishment, functions, powers and duties of the Board of Directors Section 10(1)(a) provide general control over and be accountable to the Cabinet Secretary for the exercise of the functions and powers of the Service; Section 10(1)(b) advise the Cabinet Secretary on all matters pertaining to the conservation, management standards, development, and sustainable use of fisheries resources; Section 10(1)(c) provide recommendations to the Cabinet Secretary for overall policy in matters within the scope of this Act; Section 10(1)(d) collaborate with the Fish Marketing Authority established under section 204 and other agencies to ensure that trade in fish is carried out in accordance with the provision of this Act; Section 10(1)(e) approve the annual budget and financial plan of the Service and otherwise provide oversight for all financial matters; Section 10(1)(f) endorse the annual report of the Service required under section 25 and transmit it through the Cabinet Secretary to Parliament; Section 10(1)(g) establish an open, competitive, transparent and objective selection process, and required qualifications for, the Director-General, and as appropriate for other persons employed by the Service; Section 10(1)(h) establish an open, competitive employment policies, a transparent and objective selection process and general terms and conditions for employees of the Service; Section 10(1)(i) provide policy guidance over the exercise of the functions and powers of the Service; and Section 10(1)(j) perform any other function which the Cabinet Secretary may by notice in the Gazette prescribe. Section 10(2) The staff of the service shall be as provided under the First Schedule. Section 10(3)(a) act in good faith and in what the member believes to be the best interests of the Service; Section 10(3)(b) comply with the provisions of this Act; Section 10(3)(c) the nature of the Service; Section 10(3)(c)(i) the nature of the Service; Section 10(3)(c)(ii) the nature of the decision; and Section 10(3)(c)(iii) the position of member and the nature of the responsibilities undertaken by him or her; and Section 10(3)(d) rely on reports, statements and financial data and other information officially provided to the Board by the Director-General and other government entities. - 11 Verify source ↗
THE KENYA FISHERIES SERVICE - 11. Membership of the Board
Section 11 sets Board membership and appointment rules: the President appoints the Chairperson from among Cabinet Secretary–appointed members; the Cabinet Secretary appoints five expert members; the Director-General is secretary; members must elect a deputy of opposite gender; appointments must have regard to gender parity, age, regional and ethnic balance; non‑ex officio members serve three‑year terms and may be reappointed once.
Section 11. Membership of the Board Section 11(1)(a) a Chairperson appointed by the President from among the members appointed under paragraph (c); Section 11(1)(b) fisheries; Section 11(1)(b)(i) fisheries; Section 11(1)(b)(ii) defence; Section 11(1)(b)(iii) finance; Section 11(1)(c) five members, not being public officers, openly appointed by the Cabinet Secretary for their long-term knowledge and experience in the conservation, management, development and sustainable use of fisheries resources; Section 11(1)(d) all members must meet the requirements of Chapter Six of the Constitution. Section 11(2) The Director-General shall be the secretary to the Board. Section 11(3) The members of the Board shall at their first meeting after appointment, elect a deputy Chairperson from amongst their numbers provided that the Chairperson and deputy Chairperson shall not be of the same gender. Section 11(4) The Cabinet Secretary shall in making appointments under subsections (1)(c) have regard to the principle of gender parity, age, regional and ethnic balance and shall, to the extent possible, ensure an equitable representation from different sub-sectors of the fisheries sector. Section 11(5)(a) natural resource or environmental management, development or science; Section 11(5)(b) fisheries studies, including fisheries governance, management, development or science; Section 11(5)(c) marine affairs; Section 11(5)(d) port management; Section 11(5)(e) aquatic science; or Section 11(5)(f) any other matters related to the functions of the Board. Section 11(6) The term of all members described in subsection (1) and (2) who are not ex officio members, and persons appointed pursuant to subsection (5) shall be three years, and they shall be eligible for re-appointment for a total of two terms. - 12 Verify source ↗
THE KENYA FISHERIES SERVICE - 12. Termination of appointment as a member of the Board
Section 12 lists grounds for termination of a Board member (including resignation, absences, bankruptcy, convictions, infirmity, prejudicial conduct, failure to disclose), describes filling vacancies (ex officio replaced by Cabinet Secretary's nominee; others filled as per term-expiration vacancies), and states Board actions remain valid despite vacancies.
Section 12. Termination of appointment as a member of the Board Section 12(1)(a) resigns from office by notice in writing addressed to the Chairperson, who shall transmit such resignation to the Cabinet Secretary; Section 12(1)(b) has been absent from three consecutive meetings of the Board without notifying the Chairperson; Section 12(1)(b)(i) has been absent from three consecutive meetings of the Board without notifying the Chairperson; Section 12(1)(b)(ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; Section 12(1)(b)(iii) is convicted of an offence involving false statements, fraud or dishonesty; Section 12(1)(b)(iv) is convicted of a criminal offence; Section 12(1)(b)(v) is unable to, by reason of mental or physical infirmity to discharge functions as a member of the Board; Section 12(1)(b)(vi) is found to have acted in a manner prejudicial to the aims and objectives of this Act; or Section 12(1)(b)(vii) fails to comply with the provisions of this Act relating to disclosure. Section 12(2)(a) in the case of an ex officio member be filled by appointment of another nominee by the Cabinet Secretary of the relevant Ministry or the governing body of the relevant parent organization; Section 12(2)(b) in the case of a member other than an ex officio member be filled in the same manner as vacancies arising from the expiration of that member's term Section 12(3) The exercise of a power or the performance of a function of the Board is not invalidated by reason of a vacancy in the membership of the Board. - 13 Verify source ↗
THE KENYA FISHERIES SERVICE - 13. Disclosure of interest
Board members must declare and immediately disclose interests; after disclosure they must not take part in related Board matters and are disregarded for quorum where relevant.
Section 13. Disclosure of interest Section 13(1) A member of the Board shall declare his or her interest in any matter falling within the functions of the Board in which the member of the Board knows or ought to have reasonably known that an interest exists as described in subsection (5). Section 13(2) A member who has an interest shall, after the relevant facts have come to his or her knowledge, immediately disclose the nature of his or her interest to Board members through the Chairperson. Section 13(3)(a) not take part, after the disclosure, in any matter under consideration by the Board which relates to the interest, including any deliberation or decision of the Board; Section 13(3)(b) be disregarded for the purpose of constituting a quorum of the Board for any deliberation or decision referred to in subsection (a). Section 13(4)(a) a business or property the member directly or indirectly owns or controls; Section 13(4)(a)(i) a business or property the member directly or indirectly owns or controls; Section 13(4)(a)(ii) a business or property owned or controlled, directly or indirectly, by a family member; Section 13(4)(a)(iii) a business or property in which the member has a beneficial interest of any kind, whether through a trust or otherwise; Section 13(4)(b) is party to, or will or may derive a material financial benefit from the matter; Section 13(4)(c) has a material financial interest in another party to the matter; Section 13(4)(d) is a family member of a person who will or may derive financial benefit from the matter; or Section 13(4)(e) is otherwise directly or indirectly materially interested in the transaction. Section 13(5) In this section, the following terms shall have the meanings stated— "benefit" shall mean gain or advantage of any kind, and shall include financial gain, property, service, or improvement of condition; "business" shall mean businesses of any kind whether situated in the Republic of Kenya or elsewhere and whether incorporated or not; "family member" shall mean a parent, brother, sister, spouse, cousin, aunt, uncle, nephew, niece or child including a person who is adopted legally or for whom care was given by the member such that there exists a relationship in the nature of parent and child, and shall also mean a spouse of any person referred to in this definition and their children and any other member of a person's immediate family; "interest" shall mean either direct ownership of, indirect ownership of, shares in financial benefit from, remuneration, fees or commissions from, or complete or partial control of, such property or business; "member" or "member of the Board" means any member of the Board of Directors; "property" shall mean real or personal property of every description whether situated in the Republic of Kenya or elsewhere. - 14 Verify source ↗
THE KENYA FISHERIES SERVICE - 14. Meetings of the Board
The Board must hold at least four meetings each financial year, ensure no more than four months pass between meetings, and confirm meeting dates at least five working days in advance.
Section 14. Meetings of the Board Section 14(1) The Board shall meet not less than four times in every financial year, and not more than four months shall elapse between the date of one meeting and the date of the next meeting and the date for each meeting shall be confirmed not less than five working days in advance of such meeting. Section 14(2) Special meetings shall be convened upon a written request by the Chairperson of the Board or not less than four members, and in accordance with such other procedures as the Board may agree in by-laws: Provided that at least five working days' notice of the meeting shall be given to every member. Section 14(3)(a) five members, one of whom shall be the Chairperson or his or her nominee, constitute a quorum; Section 14(3)(b) the Chairperson, or in his or her absence the Deputy Chairperson, shall preside, and if both the Chairperson and the Deputy Chairperson are absent, the members present shall appoint, from among their own number, a Chairperson for that meeting; Section 14(3)(c) matters arising shall be decided by a majority of the votes of the members present and voting; and Section 14(3)(d) the person presiding has a deliberative, and in the event of an equality of votes on any matter, also a casting vote. Section 14(4) The Chairperson may nominate an employee of the Service to attend any Board meeting and present any matter or introduce any item of business, but shall not be entitled to vote or be counted towards a quorum. Section 14(5) The Board shall cause minutes of its meetings to be recorded and kept. Section 14(6)(a) invite a person or persons to attend; or Section 14(6)(b) receive or hear submissions or information from any person. Section 14(7) The Board shall establish a consultative process with the stakeholders in order that information and views on relevant fisheries management may be exchanged as appropriate, and the Board shall take into account any information or views received from stakeholders through such process when considering management measures relevant to those stakeholders. Section 14(8) The Board may from time to time, establish such advisory sub-committees as it considers necessary in relation to its functions and powers for the purpose of making reports and recommendations to the Board and sub-committees shall be comprised of Board members. Section 14(9) Any decision of a sub-committee established by the Board under subsection (8) shall be subject to ratification by a fully constituted Board meeting. Section 14(10) Subject to this Act, the procedures of the Board are as determined by the Board. - 15 Verify source ↗
THE KENYA FISHERIES SERVICE - 15. Appointment of the Director-General
The Board must competitively recruit the Director-General of the Service openly and transparently and on terms specified in the instrument of appointment.
Section 15. Appointment of the Director-General Section 15(1) There shall be a Director-General of the Service who shall be competitively recruited by the Board openly and transparently, and on such terms and conditions as may be specified in the instrument of appointment. Section 15(2)(a) natural resource or environmental management, or science; Section 15(2)(b) fisheries studies, including fisheries governance, management, development or science; Section 15(2)(c) aquatic science; or Section 15(2)(d) any other related field, and has at least ten years' experience in a senior management position in a public institution. - 16 Verify source ↗
THE KENYA FISHERIES SERVICE - 16. Functions of the Director-General
The Director-General is the chief executive officer of the Service and is responsible to the Board for day-to-day management and general superintendence of matters under this Act; the Director-General must carry out, manage and exercise the Service's functions and powers, ensure efficient administration, recommend recruitment, collaborate with agencies, enter into agreements on Board direction, and perform other Board-directed functions; the Director-General may delegate powers in writing, subject to Board approval and an exception for the delegation power itself.
Section 16. Functions of the Director-General Section 16(1) The Director-General shall be the chief executive officer of the Service and shall be responsible to the Board for the day-to-day management of the affairs of the Service and shall, on behalf of the Board and subject to this Act, have the general superintendence of all matters within the scope of this Act. Section 16(2)(a) be responsible for carrying out the functions, managing the affairs and exercising the powers of the Service; Section 16(2)(b) ensure efficient and effective administration of the Service, including through the preparation of annual work plans and development strategies for the Service; Section 16(2)(c) recommend to the Board the recruitment of competent human resources for the Service; Section 16(2)(d) collaborate with the Fish Marketing Authority established under section 204 and other agencies to identify marketing and investment opportunities for the fisheries sector; Section 16(2)(e) upon direction by the Board, enter into agreements on behalf of the Service for the management, conservation, use and exploitation of fisheries resources; and Section 16(2)(f) perform such other functions as the Board may in consultation with the Cabinet Secretary direct from time to time. Section 16(3) The Director-General may, in writing, delegate the exercise of any of the powers and functions conferred on him by this Act to the Director or any other staff member of the Service as may be approved by the Board, except this power of delegation. - 17 Verify source ↗
THE KENYA FISHERIES SERVICE - 17. Other staff of the Service
The Board must, within a reasonable time, provide a staff superannuation scheme; and every person appointed under subsection (1)(b) must take and subscribe the oath of allegiance in Part C of the First Schedule.
Section 17. Other staff of the Service Section 17(1)(a) such officers of the Service as are specified in Part A of the First; and Section 17(1)(b) such disciplined officers of the unit established under section 20 as are specified in Part B of the First Schedule; and Section 17(1)(c) such other employees, agents, servants or consultants of the Service, as may be necessary for the performance of the functions of the Service. Section 17(2) Every person appointed under subsection (1)(b) shall take and subscribe to the oath of allegiance set out in Part C of the First Schedule. Section 17(3) The provisions Part D of the First Schedule have effect with respect to the Service. Section 17(4) The Board shall within a reasonable time provide for a staff superannuation scheme to determine service for the employees of the Service. - 18 Verify source ↗
THE KENYA FISHERIES SERVICE - 18. Authorized officers
The Cabinet Secretary may appoint certain police or armed forces officers as authorised officers after consulting the Council and Director-General and with Board approval; persons so appointed must perform functions the Board specifies.
Section 18. Authorized officers Section 18(1) The Cabinet Secretary may, in consultation with the Council and the Director-General and with the approval of the Board, by notice in the Gazette appoint a police officer of or above the rank of an inspector, or an officer with the Kenya Navy or other armed force to be an authorised officer for purposes of this Act. Section 18(2) A person appointed under subsection (1), shall perform such functions as the Board may specify. - 19 Verify source ↗
THE KENYA FISHERIES SERVICE - 19. Honorary fisheries officers
The Director-General may, with the Board's approval and by Gazette notice, appoint people as honorary fisheries officers to assist the Service; those officers hold office under conditions the Director prescribes for five years and have functions prescribed by rules under the Act.
Section 19. Honorary fisheries officers Section 19(1) The Director-General may, with the approval of the Board, by notice in the Gazette appoint suitable persons to be honorary fisheries officers for the purpose of assisting the Service in carrying into effect the provisions of this Act. Section 19(2)(a) hold office subject to such conditions as the Director may prescribe, for a period of five years; and Section 19(2)(b) have such functions as may be prescribed by rules made under this Act. - 20 Verify source ↗
THE KENYA FISHERIES SERVICE - 20. Establishment of Monitoring, Control and Surveillance Unit
Establishes within the Service a Monitoring, Control and Surveillance Unit (MCS Unit) and sets out its functions, composition and certain administrative arrangements.
Section 20. Establishment of Monitoring, Control and Surveillance Unit Section 20(1) There is hereby established within the Service Monitoring, Control and Surveillance Unit (MCS) hereinafter referred to as "the MCS Unit". Section 20(2)(a) monitoring, control and surveillance, including enforcement, and compliance with this Act and any other legislation relating to activities falling within the scope of this Act; and Section 20(2)(b) cooperating and coordinating with, and performing relevant functions within the broader system of monitoring, control and surveillance at bilateral, sub-regional, regional and international levels to implement agreements or measures which are binding upon Kenya or which the Cabinet Secretary, as appropriate in consultation with the Cabinet Secretaries responsible for internal security and defence, directs subject to the Treaty Making and Ratification Act (Cap. 4D). Section 20(3) The MCS Unit shall include the officers specified in Part B of the First Schedule, and such other persons or categories of officers as may be appointed by the Cabinet Secretary by notice in the Gazette from time to time. Section 20(4)(a) the organization and deployment of the Unit; Section 20(4)(b) the duties to be performed by members of the Unit, and their guidance in the discharge of those duties; Section 20(4)(c) the regulation of matters relating to discipline in the Unit; Section 20(4)(d) the description and issue of arms, ammunition accoutrements, uniforms and other necessary supplies to members of the Unit; and Section 20(4)(e) matters relating generally to the good order and administration of the Unit. - 21 Verify source ↗
THE KENYA FISHERIES SERVICE - 21. Inter-agency monitoring, control and surveillance unit
Creates an Inter-agency Monitoring, Control and Surveillance Unit; the Cabinet Secretary may make regulations for it; the Unit must include specified members, must ensure coordinated enforcement and compliance, the Director-General must chair it, and the Service must act as its secretariat.
Section 21. Inter-agency monitoring, control and surveillance unit Section 21(1) The Cabinet Secretary may make regulations establishing and assigning functions to an inter-agency monitoring control and surveillance unit ("the Inter-agency MCS Unit"). Section 21(2) The Inter-agency MCS Unit shall comprise members specified in Part D of the First Schedule and such other persons as the Cabinet Secretary may co-opt thereto. Section 21(3) The principal function of the inter-agency MCS Unit shall be to ensure coordinated and effective inter-agency enforcement of and compliance with this Act. Section 21(4) The Director-General shall serve as the chairperson and the Service shall be the secretariat of the Inter-agency MCS Unit. - 7 Verify source ↗
THE KENYA FISHERIES SERVICE - 7. Establishment and status
Establishes the Kenya Fisheries Service and makes it responsible for conserving, managing and developing Kenya's fisheries resources; grants corporate powers (including suing and property transactions); requires that the Service's common seal be affixed only pursuant to a Board resolution and that affixing be attested by two Board members.
Section 7. Establishment and status Section 7(1) There is hereby established a Service to be known as the Kenya Fisheries Service, which shall be responsible for the conservation, management and development of Kenya's fisheries resources in accordance with this Act. Section 7(2)(a) suing and being sued; Section 7(2)(b) taking, purchasing, charging and disposing of movable and immovable property, and doing any other act or thing which may or be done by a body corporate. Section 7(3) The common seal of the Service shall not be affixed to any instrument except pursuant to a resolution of the Board and the affixing of the seal shall be attested by two members of the Board. - 8 Verify source ↗
THE KENYA FISHERIES SERVICE - 8. Headquarters
The Service must have its headquarters in Nairobi and may establish offices in the counties to provide services at the county level.
Section 8. Headquarters Section The Service shall have its headquarters in Nairobi and may establish such offices in the counties as may be appropriate to ensure that its services are provided at the county level. - 9 Verify source ↗
THE KENYA FISHERIES SERVICE - 9. Functions of Service
The Service must ensure conservation, management, sustainable use, development and protection of fisheries resources.
Section 9. Functions of Service Section ensure the appropriate conservation development of standards on management, sustainable use, development and protection of the fisheries resources;
Part IV
FINANCIAL AND ADMINISTRATIVE PROVISIONS
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FINANCIAL AND ADMINISTRATIVE PROVISIONS - 22. Funds of the Service
The Service's funds come from Parliamentary appropriations, assets or monies accruing to it in the exercise of its functions, and other provided, donated or lent monies; the Service may invest (with Board and Cabinet Secretary approval), may open and maintain a bank account approved by National Treasury, and must maintain one account and pay all its moneys into it.
Section 22. Funds of the Service Section 22(1)(a) such monies as may be appropriated by Parliament; Section 22(1)(b) such monies or assets as may accrue to or vest in the Service in the course of the exercise of its powers and the performance of its functions under this Act; and Section 22(1)(c) all monies from any other source provided for or donated or lent to the Service. Section 22(2)(a) discharge of expenses, obligations and liabilities of the Service; Section 22(2)(b) the remuneration of the staff of the Service and for allowances to the members of the Board; Section 22(2)(c) contracts for technical consultants, observers, researchers and other personnel, activities or operations which support the functions and programmes of the Service; Section 22(2)(d) travel expenses relating to official; Section 22(2)(e) training and education courses or programmes for purposes relating to the objectives of the Service, and the functions and programmes of the Service; Section 22(2)(f) financial assistance for management and development activities in the Counties consistent with the functions of the Service; Section 22(2)(g) grants to institutions, agencies, associations or other organizations for the purpose of promoting fisheries conservation and management; Section 22(2)(h) rewards for information leading to convictions for offences under this Act, in accordance with such requirements as may be prescribed; Section 22(2)(i) purchase of capital items necessary to carry out the functions and duties of the Service; Section 22(2)(j) contributions to donor aid projects as agreed with the donor agency; and Section 22(2)(k) such other purposes as are consistent with the functions and powers of the Service as the Board, after consultation with the Director-General, shall determine. Section 22(3) The Service may make such investments as the Board may approve, subject to the approval of the Cabinet Secretary for the time being responsible for matters relating to finance. Section 22(4) The Service may open and maintain an account with a bank approved by the National Treasury under the Public Finance and Management Act (Cap. 412A) and shall at all times maintain one account and shall pay all its moneys into such account. - 23 Verify source ↗
FINANCIAL AND ADMINISTRATIVE PROVISIONS - 23. Financial Year
The financial year of the Service shall be the period of twelve months ending on the thirtieth June in each year.
Section 23. Financial Year Section The financial year of the Service shall be the period of twelve months ending on the thirtieth June in each year. - 24 Verify source ↗
FINANCIAL AND ADMINISTRATIVE PROVISIONS - 24. Annual estimates
The Board must prepare annual revenue and expenditure estimates at least three months before each financial year and include specified items (staff costs; retirement benefits; equipment and movable property) in those estimates.
Section 24. Annual estimates Section 24(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Service for that year. Section 24(2)(a) the payment of salaries, allowances and other charges in respect of the staff and members of the Service; Section 24(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Service; and Section 24(2)(c) the acquisition, maintenance, and repair and replacement of the equipment and other movable property of the Service. Section 24(3) No expenditure shall be incurred for the purpose of the Service except in accordance with the annual estimates approved under subsection (2). - 25 Verify source ↗
FINANCIAL AND ADMINISTRATIVE PROVISIONS - 25. Accounts and audit
The Board must ensure proper books and records are kept for the Service's income, expenditure and assets.
Section 25. Accounts and audit Section 25(1) The Board shall cause to be kept proper books and records of account of its income, expenditure and assets of the Service. Section 25(2) The accounts of the Service shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B). - 26 Verify source ↗
FINANCIAL AND ADMINISTRATIVE PROVISIONS - 26. Director-General to report to the Board
Requires the Director‑General to report to the Board annually (performance and a Board‑audited financial report), prescribes accrual accounting for financial reports, requires the Board and Cabinet Secretary to transmit reports to Parliament, and requires the Service to make the reports public after presentation to Parliament.
Section 26. Director-General to report to the Board Section 26(1)(a) an annual report on the progress and the performance of the Service in relation to its functions and the exercise of its powers; and Section 26(1)(b) a financial report, audited by an auditor appointed by the Board, for the year ended 30th June previously in accordance with the requirements in section 26 (2). Section 26(2) The financial reports of the Service shall be recorded under an "accrual basis" of accounting in accordance with accounting principles generally applied in commercial practice. Section 26(3) The Board shall consider and as appropriate endorse the reports required under subsection (1) as soon as practicable after receiving them, and transmit them through the Cabinet Secretary to the National Assembly. Section 26(4) The Cabinet Secretary shall transmit the reports required under subsection (1) to the Speaker for presentation to Parliament. Section 26(5) The Service shall ensure that the reports required pursuant to subsection (1) are available to the public or other government agencies upon the presentation to Parliament. - 27 Verify source ↗
FINANCIAL AND ADMINISTRATIVE PROVISIONS - 27. Fisheries Research and Development Fund
Establishes the Fisheries Research and Development Fund, administered by the Director-General; lists sources of monies and states the Cabinet Secretary may, by Gazette notice, provide for the mode of administration.
Section 27. Fisheries Research and Development Fund Section 27(1) There is established a fund to be known as the Fisheries Research and Development Fund which shall be administered by the Director-General. Section 27(2)(a) such monies as may be provided by Parliament; Section 27(2)(b) donations made to the Service from any source for purposes of the Fund, and Section 27(2)(c) royalties paid to the Service: Section 27(3) The object of the fund shall be to provide supplementary funding for research intended to further the development of fisheries management, capacity building, scholarships, grants and support for the observer programme established under section 147 . Section 27(4) The Cabinet Secretary may by notice in the Gazette provide for the mode of administration of the Fund established under sub-section (1). - 28 Verify source ↗
FINANCIAL AND ADMINISTRATIVE PROVISIONS - 28. Fish Levy Trust Fund
Establishes the Fish Levy Trust Fund and gives the Cabinet Secretary power to impose a fish levy payable by persons engaged in fishing or fishing-related activities; funds may include donations and designated sums.
Section 28. Fish Levy Trust Fund Section 28(1) There is hereby established a fund to be known as the Fish Levy Trust Fund. Section 28(2)(a) a levy imposed by the Cabinet Secretary under section 28 by Order to require the payment of levies by persons engaged in fishing or fishing related activities of a fish levy ("the levy") which may provide requirements relating, inter alia, to activities within the scope of this Act; and the evidence by which a person's liability to pay the levy, or the payment thereof, may be established, and the time at which any amount shall become payable. Section 28(2)(b) donations made to the Service from any source for purposes of the Fund; and Section 28(2)(c) such other sums of money or other assets as may be specifically designated to the Fish Levy Trust Fund by the Service out of its general fund. Section 28(3) The object of the fund shall be to provide supplementary funding of activities geared towards management, development and capacity building, awards and urgent mitigation to ensure sustainability of the fisheries resource. Section 28(4) The Trust shall be administered by a five member Board of Trustees nominated through an open and competitive process and they shall meet the requirements of Chapter six of the Constitution. Section 28(5)(a) two fisherpersons from fresh waters and marine waters; Section 28(5)(b) two persons nominated by the traders exporters association and fish processors; and Section 28(5)(c) one person appointed by the Cabinet Secretary responsible for fishing with background in aquatic science.
Part IX
INFORMATION, DATA AND RECORDS
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INFORMATION, DATA AND RECORDS - 75. Information, data and records
Section 75 lists kinds of information, data and records covered and enumerates persons and categories who may be required to keep, furnish or provide such accounts, records and information under the Act.
Section 75. Information, data and records Section 75(1)(a) any information and data, including information relating to fishing, fisheries, aquaculture, landing, research, storage, food safety, processing, buying, selling, exports and other related transactions; Section 75(1)(b) accounts, records, returns, documents; and Section 75(1)(c) any other information in relation to activities falling within the scope of this Act additional to that specified under this Act. Section 75(2)(a) holders of licences or authorizations issued under this Act; Section 75(2)(b) owners, operators, legal representatives, and masters of vessels licensed or authorized under this Act; Section 75(2)(c) owners and persons in charge of any premises where fish or fish products are received, bought, stored, transported, processed, sold, or otherwise disposed of; Section 75(2)(d) persons who engage in the receiving, buying, selling, transporting, processing, storage, export, import or disposal of fish or fish products; Section 75(2)(e) persons who engage in commercial aquaculture activities; Section 75(2)(f) persons engaged in recreational fishing; Section 75(2)(g) persons engaged in fishing otherwise than for the purpose of sale of the fish caught, including research; and Section 75(2)(h) such other persons who may be required to do so by the Director-General pursuant to this Act. Section 75(3)(a) audit or inspect any accounts, records, returns or other information or place where such information may be kept; Section 75(3)(b) audit or inspect any vessel, processing plant aquaculture establishment or other facility operating under the scope of this Act; and Section 75(3)(c) require from any person further information, clarification or explanation regarding any accounts, returns or information kept, furnished or communicated under this section in accordance with such time limits as may be specified or prescribed. Section 75(4)(a) is required pursuant to subsections (1), (2) or (3) to keep, furnish, provide or communicate any accounts, records, returns or other data or information and does not do so as lawfully requested or required; or Section 75(4)(b) does not facilitate, assist or comply with the requirements for an audit or inspection undertaken pursuant to subsection (3), - 76 Verify source ↗
INFORMATION, DATA AND RECORDS - 76. Ownership of information
The Government owns specified information and data from vessel monitoring systems.
Section 76. Ownership of information Section Ownership of all information required to be reported, notified or otherwise given to the Government and all information generated by automatic location communicators or similar device that is part of a vessel monitoring system under this Act is vested in the Government. - 77 Verify source ↗
INFORMATION, DATA AND RECORDS - 77. Information in partnership agreements between vessel agents and vessel owners
True copies of partnership or similar agreements between vessel agents and vessel owners must be deposited with the Ministry when applying for a licence or authorisation for a foreign fishing vessel; sensitive commercial information may be concealed if declared, certified and legally notarised; contravening the deposit requirement and improper disclosure or concealment by non-parties are offences subject to specified fines or imprisonment.
Section 77. Information in partnership agreements between vessel agents and vessel owners Section 77(1) True copies of all agreements setting out the terms of partnership, association or other contractual obligations of agents to vessel owners shall be deposited in their full and unabridged form with the Ministry upon the application in respect of a foreign fishing vessel for any licence or authorization under this Act. Section 77(2) In cases where an agreement contains information of a significantly sensitive commercial nature, such information may be concealed provided that it is declared, certified and legally notarised as such. Section 77(3) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of one million thousand shillings or to a term of imprisonment not exceeding three years or to both. Section 77(4) Any person who, not being party to the partnership, association or other contractual obligation referred to in subsection (1), divulges information of a confidential nature or conceals information which is not of a significantly sensitive commercial nature, commits an offence and shall be liable on conviction to a fine of three hundred thousand shillings or to a term of imprisonment not exceeding five years or to both. - 78 Verify source ↗
INFORMATION, DATA AND RECORDS - 78. Information on labels of containers, etc. containing fish harvested in Kenya fishery waters
Labels for containers of fish harvested in Kenya fishery waters must state they were harvested in Kenya fishery waters, must not indicate they are the product of another State, must show vessel and company names, and other prescribed information; contravening this is an offence punishable by a fine of three hundred thousand shillings or imprisonment up to three years or both.
Section 78. Information on labels of containers, etc. containing fish harvested in Kenya fishery waters Section 78(1)(a) that the fish were harvested in the Kenya fishery waters, irrespective of the flag State of the vessel or nationality of any person involved in the production of such fish, and shall not indicate in any way that such fish is the product of any State other than Kenya; Section 78(1)(b) the name of the fishing vessel that harvested the fish; Section 78(1)(c) the name of the company that is the owner or operator of the fishing vessel; and Section 78(1)(d) such other information that may be prescribed. Section 78(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of three hundred thousand shillings or to a term of imprisonment not exceeding three years or to both. - 79 Verify source ↗
INFORMATION, DATA AND RECORDS - 79. Information to be true, complete and correct
Persons who keep, furnish or communicate accounts or information under the Act must not give information that is false, misleading or inaccurate in any material respect; doing so is an offence punishable by fines, imprisonment, or licence revocation.
Section 79. Information to be true, complete and correct Section 79(1) Any information given, furnished or maintained or required to be given, furnished or maintained under this Act shall be true, complete and accurate. Section 79(2) A person who keeps, furnishes or communicates any accounts, records, returns or information by or under this Act, and gives, furnishes, or maintains information which is false, misleading or inaccurate in contravention of subsection (1) in any material respect, commits an offence and shall be liable on conviction to a fine of three hundred and fifty thousand shillings or to a term of imprisonment not exceeding three years or to both, and any relevant licence issued pursuant to this Act which is held by such person may be revoked. - 80 Verify source ↗
INFORMATION, DATA AND RECORDS - 80. Confidential information
Persons carrying out duties under the Act, including the Cabinet Secretary, Board members and Director-General, must not reveal confidential information acquired by virtue of their authority to persons without that authority unless authorized by the Act.
Section 80. Confidential information Section 80(1) No person carrying out duties or responsibilities under this Act, including the Cabinet Secretary, Board members and Director-General shall, unless authorized or otherwise provided or directed in accordance with this Act, reveal information or other data of a confidential nature or designated as confidential in accordance with this Act, acquired by virtue of their said authority, duties and responsibilities to any person not having such authority or carrying out such duties and responsibilities. Section 80(2) The Cabinet Secretary in consultation with the Director-General may designate any information as confidential, and in doing so may also exempt general summaries of aggregated information from confidentiality requirements. Section 80(3)(a) receive or access confidential information; Section 80(3)(b) access or restrict access to such premises holding confidential information as he/she may designate. Section 80(4)(a) any information or data of a commercial nature provided in records, returns, or other documents required under this Act; Section 80(4)(b) any information or data supplied by a vessel monitoring system or part thereof in accordance with this Act; Section 80(4)(c) such raw data from scientific research as may be designated by the Cabinet Secretary in consultation with the Director-General; and Section 80(4)(d) such other information or data as may be required by the Cabinet Secretary in consultation with the Director-General. Section 80(5)(a) that disclosure is authorized or required under this Act or any other law; Section 80(5)(b) that the person providing the information authorized its disclosure; Section 80(5)(c) necessary to enable the Director-General to publish statistical information relating to the fisheries sector; Section 80(5)(d) necessary for enforcement of Kenya laws by other Ministries and agencies of the Government of Kenya; Section 80(5)(e) necessary to discharge regional or international obligations or to promote regional and international cooperation or coordination in monitoring, control and surveillance of relevant activities; and Section 80(5)(f) necessary to enable advice to be given to the Cabinet Secretary. Section 80(6)(a) relating to the real-time or other position of any vessel, upon request, to the responsible authority for purposes including surveillance, search and rescue and other emergency; Section 80(6)(b) for purposes he or she deems would be supportive of the objectives and enforcement of this Act, including reasonable transparency in decision-making; or Section 80(6)(c) designated as confidential for such purposes as the Cabinet Secretary may approve or as may be prescribed. Section 80(7) Any information designated as confidential shall maintain such classification for a period of five years from the time of such designation, and at the expiry of five years, the Cabinet Secretary in consultation with the Director-General may extend such classification for a further period of up to five years or more as they may deem necessary for purposes relating to the objectives and enforcement of this Act. Section 80(8) A person who does not comply with the requirements of subsection (1), except where disclosure is authorized pursuant to subsection (3), (5) or (6) commits an offence and shall be liable on conviction to a fine of one million shillings. - 81 Verify source ↗
INFORMATION, DATA AND RECORDS - 81. Registers of licences and authorizations
The Director-General must establish and maintain a national register of licences and authorizations and provide access and sufficient information for fisheries management, with persons able to access non-confidential register information on payment of a prescribed fee.
Section 81. Registers of licences and authorizations Section 81(1) The Director-General shall establish and maintain a national register of licences and authorizations issued under this Act in accordance with such requirements as may be prescribed or required by the Cabinet Secretary. Section 81(2)(a) information on applications for licences and authorizations under this Act; Section 81(2)(b) information on each licence and authorization issued, renewed, suspended or cancelled under this Act, including the activity, date and duration; Section 81(2)(c) information on each licensed or authorized person; Section 81(2)(d) information on the relevant vessel, facility, and/or licensed or authorized activity; Section 81(2)(e) any record of non-compliance with the licence or authorization; Section 81(2)(f) any record of action taken as a result of non-compliance; Section 81(2)(g) the requirements of any relevant international conservation and management measures of an organization of which Kenya is a member or cooperating non-member; and Section 81(2)(h) such other information that may be prescribed or required by the Director-General. Section 81(3)(a) within areas under national jurisdiction; and Section 81(3)(b) in areas beyond national jurisdiction. Section 81(4) The Director-General shall, in respect of information contained in the register in accordance with subsection (2), provide access to such information on request by directly interested Government bodies, regional fishery bodies including regional fisheries management organizations, international organizations and foreign States or entities, taking into account any applicable laws regarding the confidentiality or release of such information. Section 81(5) The Director-General shall ensure that the information on each license and authorization in the database is sufficient for purposes of fisheries management and monitoring, control and surveillance, and to implement the international and regional agreements to which Kenya is party or cooperating non-party. Section 81(6) The Director-General shall ensure that, where appropriate, information is released from the database and communicated to other States and regional and international organizations in a timely manner to ensure the discharge of the regional and international obligations of Kenya including as a flag State and as a member of regional fisheries management organizations. Section 81(7) Registration of a licence or authorization in the national register shall not be considered a licence or authorization for the purposes of this Act. Section 81(8) A person may, upon payment of such fee as may be prescribed, access any non-confidential information from the register. - 82 Verify source ↗
INFORMATION, DATA AND RECORDS - 82. Information on legal and administrative action taken in respect of violations of the Act
The Director-General must keep and publish a record of outcomes of legal or administrative action for violations of the Act that result in a judgment or administrative determination.
Section 82. Information on legal and administrative action taken in respect of violations of the Act Section The Director-General shall maintain and make publicly available a record of the outcome of any legal or administrative action taken in respect of any violation against this Act that results in a judgment or administrative determination. - 83 Verify source ↗
INFORMATION, DATA AND RECORDS - 83. Information available to public
The Director-General must make information available to the public and must, as necessary, disseminate relevant information to stakeholders for fisheries conservation, management and development, except information designated confidential under section 82.
Section 83. Information available to public Section The Director-General shall make information available to the public and as necessary disseminate relevant information to stakeholders for purposes of fisheries conservation, management and development, including regional and international organizations, except for such information that may be designated confidential in accordance with section 82 .
Part V
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT
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FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 29. Fisheries vest in the State
All fisheries resources vest in the State; community members may use customary fisheries subject to conditions prescribed under the Act.
Section 29. Fisheries vest in the State Section 29(1) All fisheries resources vest in the State and shall be conserved, managed and developed consistently with this Act, including its objective and principles, and acknowledging their role as the heritage of the people of Kenya. Section 29(2) Nothing in this Act shall be deemed to prevent any member of the community from using, subject to such conditions as may be prescribed under this Act, such fisheries or fisheries resources as it has been the custom of that community to use. - 30 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 30. Fisheries development measures
Section 30: Fisheries development measures
Section 30. Fisheries development measures - 31 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 31. Notification by the Director-General
The Director-General must publish in the Gazette any international conservation and management measures Kenya recognizes under this Act and must append the relevant agreement or arrangement to that notice.
Section 31. Notification by the Director-General Section 31(1) The Director-General shall by notice in the Gazette give notice of any international conservation and management measures recognized by Kenya for the purposes of this Act. Section 31(2) A notice under subsection (1) shall append the relevant agreement or arrangement, or international conservation and management measure. - 32 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 32. Implementation of international conservation and management measures
Implementation of international conservation and management measures
Section 32. Implementation of international conservation and management measures - 33 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 33. Director-General to keep Counties informed of management measures, processes
The Director-General must consult and keep all County Governments informed about relevant fisheries management measures and processes; each County must collaborate with the Director-General and inform the Director-General, by effective means of communication, of relevant fisheries management developments within the County.
Section 33. Director-General to keep Counties informed of management measures, processes Section 33(1) The Director-General shall ensure that all County Governments are consulted and kept informed of relevant management measures and processes taken pursuant to this Act. Section 33(2) Each County shall collaborate with the Director-General in the management of fisheries and shall, for this purpose ensure that the Director-General is informed, by effective means of communication, of relevant developments in relation to the management of fisheries within the County. - 34 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 34. County may develop fisheries management plans
Each County may develop fisheries management measures and plans for fisheries resources within its jurisdiction.
Section 34. County may develop fisheries management plans Section 34(1) Each County may develop fisheries management measures and plans for fisheries resources within its jurisdiction as provided in the Fourth Schedule to the Constitution. Section 34(2) In developing the management measures and plans, referred to in subsection (1), the relevant authorities in the County shall take steps to ensure that such plans and measures are consistent with the provisions of this Act, including its objective and principles, and that they take into account relevant measures taken, information and data available, and the economic and social value of the resource pursuant to this Act. - 35 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 35. County to submit fisheries management plans to Director-General for endorsement
Counties must submit fisheries management plans to the Director-General for endorsement and, to the extent possible, take into consideration the elements described in section 39.
Section 35. County to submit fisheries management plans to Director-General for endorsement Section take into consideration, to the extent possible, elements of a fisheries management plan described in section 39 ; and - 36 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 36. Relations between National and County governments
If a County fisheries management plan conflicts with this Act, the Director-General must consult the County government and give appropriate direction; the Director-General must serve the County government with a notice requiring specified action within a specified period; and if the County does not act, the Director-General must prepare a report and submit it to the Cabinet Secretary with recommendations.
Section 36. Relations between National and County governments Section 36(1) Where there is any conflict between a County fisheries management plan and the management-related provisions of this Act, the Director-General shall consult with the County government and give appropriate direction. Section 36(2)(a) serve the County government with a notice requiring it to take specified action within a specified period to rectify and improve the fisheries management; and Section 36(2)(b) if the County government does not take action as required, the Director-General shall prepare a report and submit to the Cabinet Secretary with recommendations on the action to be taken. - 37 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 37. Establishment of Beach Management Units
The Cabinet Secretary may make regulations to set standards for management of beach management units established by county governments to ensure structured community participation in fisheries management.
Section 37. Establishment of Beach Management Units Section 37(1) The Cabinet Secretary may for purposes of ensuring structured community participation in fisheries management, make regulations setting out standards for the management of beach management units established by the county governments. Section 37(2)(a) objectives, structure, areas of jurisdiction and mandate in co-management; Section 37(2)(b) minimum standards in the general administration of the beach management units; Section 37(2)(c) standards to be adhered to by beach management units in imposing levies and charges and the management and utilization of such funds; Section 37(2)(d) such other standards which the Cabinet Secretary may consider necessary for the effective administration and management of the beach management unit; Section 37(2)(e) the protection of vulnerable groups, especially youth and women; and Section 37(2)(f) processes necessary to ensure that not more than two thirds of Beach Management Units are of the same gender and to ensure the inclusion of youth and persons with disability in leadership. - 38 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 38. Responsibility for planning fisheries management
The Director-General must plan for the conservation, management, development and sustainable use of all fish and fisheries within Kenya fishery waters.
Section 38. Responsibility for planning fisheries management Section The Director-General shall be responsible for planning for the conservation, management, development and sustainable use of all fish and fisheries within Kenya fishery waters. - 39 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 39. Fisheries management plans
The Director-General must prepare, keep under review and implement fisheries management plans for designated fisheries in Kenya fishery waters; plans take effect on Gazette publication, have regulatory force, and persons engaged in fishing or related activities must supply required information.
Section 39. Fisheries management plans Section 39(1)(a) is important to the national interest; and Section 39(1)(b) requires special conservation and management measures for effective sustainable use of the fisheries resources. Section 39(2)(a) prepare, keep under review and be responsible for the implementation of fisheries management plans for the conservation management, development and sustainable use of each designated fishery in the Kenya fishery waters; Section 39(2)(b) prepare, keep under review and be responsible for the implementation of fisheries management plans for any other fisheries in the Kenya fishery waters as may be necessary and practicable; and Section 39(2)(c) determine the priority for the preparation of fisheries management plans, taking into account the advice of any committee established and carrying out functions under this Act and of other relevant stakeholders. Section 39(3)(a) identification of the fisheries resource and its characteristics, including its economic and social value and interrelationship with other species in the ecosystem; Section 39(3)(b) an assessment of the present state of exploitation of the fisheries resource and potential average annual yields; Section 39(3)(c) the objectives to be achieved in the management and development of the fishery; Section 39(3)(d) the best information on all relevant biological, social, economic and other applicable factors, determine the maximum sustainable yield; Section 39(3)(e) the measures, if any, to be taken to promote the development of Kenya fisheries; Section 39(3)(f) any relevant traditional fishing rights, methods or principles; Section 39(3)(g) the impact of the plan upon the fishery or fisheries involved, associated and dependent species, habitat, the ecosystem in general and any other area determined relevant; Section 39(3)(h) management measures; Section 39(3)(i) any research necessary to enhance management of the fisheries; Section 39(3)(j) the information and other data required to be given or reported for effective management and development; Section 39(3)(k) an implementation strategy which explains how the objectives are to be achieved including through stakeholder consultations; Section 39(3)(l) a plan for monitoring and assessment of the implementation of the fisheries management plan; Section 39(3)(m) a process for amending or repealing the plan, including the consultation and other processes to be followed; and Section 39(3)(n) social impact assessment of the plan with reference to disadvantaged groups including women, persons with disability and the youth. Section 39(4) The Director-General shall, during the preparation of each fisheries management plan, consult as required and appropriate with any committee which may be established and performing its functions under this Act and stakeholders that may be affected by the plan. Section 39(5) The Director-General shall consult wherever practicable with the appropriate fisheries management authorities of other States in the region, and in particular with those sharing the same or interrelated stocks, with a view to ensuring the harmonization of their respective fisheries management plans and fisheries management in general. Section 39(6) Each fisheries management plan or review shall come into force upon its publication in the Gazette . Section 39(7) The management measures in each fisheries management plan shall have the legal force of regulations made pursuant to this Act. Section 39(8) Any person who engages in fishing or fishing related activities in the Kenya fishery waters or who processes or sells fish taken from the fishing waters shall supply such information in respect of such activities as the Director-General may require in accordance with a fisheries management plan. Section 39(9)(a) in case of industrial fishing, to a fine not exceeding five hundred thousand shillings; or Section 39(9)(b) in case of artisanal fishing, to a fine not exceeding one hundred thousand shillings. Section 39(10) Any person who fails to supply information required under subsection (8) commits an offence and shall be liable on conviction to a fine of two hundred and fifty thousand shillings or to a term of imprisonment in respect of artisanal fishing not exceeding three months, and in respect of all other activities not exceeding six months or both. - 40 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 40. Fisheries management measures
Section 40 authorises fisheries management measures and provides that any person who contravenes a notice under this section commits an offence punishable (industrial fishing) by a fine up to five hundred thousand shillings or up to one year imprisonment or both, and (artisanal fishing) by a fine up to twenty thousand shillings or up to three months imprisonment or both.
Section 40. Fisheries management measures Section 40(1)(a) closed seasons and or areas for species of fish or methods of fishing provided that customary fishing rights are protected; Section 40(1)(b) prohibited fishing areas for all or designated species of fish or methods of fishing; Section 40(1)(c) limitations on the types of gear, including mesh sizes of nets, that may be used for fishing; Section 40(1)(d) limitations on the types and/or number of fishing vessels permitted to engage in fishing provided that customary fishing rights are protected; Section 40(1)(e) limitations on the amount, size, age and other characteristics and species or composition of species, of fish that may be caught, landed or traded; Section 40(1)(f) regulate the landing of fish and provide for the management of fishing ports, including fish landing stations; Section 40(1)(g) control of the introduction into, or harvesting or removal from Kenya fishery waters of any species of fish, including aquatic plants; Section 40(1)(h) define and identify fragile aquatic ecosystems and provide structures to enable collaborative protection; Section 40(1)(i) regulate trade in endangered species of fish and fish products; Section 40(1)(j) prohibit the possession, trade in or manufacture of prohibited gear in a specified area or areas; and Section 40(1)(k) any other measures consistent with the objective and principles of this Act. Section 40(2) Any person who contravenes the provisions of a notice issued under this section commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding one year or to both in respect of industrial fishing, and to a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding three months or to both in respect of artisanal fishing. Section 40(3)(a) refusal to issue or renew licences; Section 40(3)(b) imposition of special licence or catch fees; and Section 40(3)(c) preferential licencing. - 41 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 41. Limitation of fishing and fishing related activities
The Director-General may limit fishing by taking management measures and must notify affected persons in writing; an aggrieved person may appeal in writing to the Cabinet Secretary.
Section 41. Limitation of fishing and fishing related activities Section 41(1) The Director-General may take fisheries management measures to limit fishing and fishing related activities in accordance with the objective and principles of this Act and shall communicate such measures by notice in writing to the persons affected. Section 41(2) A person aggrieved by the action taken by the Director-General pursuant to subsection (1) may appeal in writing to the Cabinet Secretary. - 42 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 42. Prohibited fishing gear and methods
Section 42 lists fishing gear and methods that persons must not use for fishing (including unauthorised gear, fish aggregating devices without authorization, trawl nets below prescribed mesh sizes, pair trawling, monofilament nets, multiple nets with trawl nets, certain attachments, gill nets or seine nets below specified mesh sizes, beach seines, firearms or electric shock devices, explosives, poisons and other noxious substances), and provides mesh-size specifications, depth and river-barrier prohibitions, a presumption about banned substances found on vessels, and penalties for contraventions.
Section 42. Prohibited fishing gear and methods Section 42(1)(a) fishing gear that has not been authorized by a valid and applicable licence issued pursuant to this Act for the purpose of fishing unless otherwise provided in this Act; Section 42(1)(b) any fish aggregating device unless an authorization has been issued in accordance with this Act; Section 42(1)(c) a trawl net or other net the mesh of which is less in stretched diagonal length than the prescribed mesh size; Section 42(1)(d) the method of pair trawling for the purpose of fishing; Section 42(1)(e) monofilament net for the purpose of fishing; Section 42(1)(f) more than one net at a time for the purpose of fishing with trawl net; Section 42(1)(g) attachments to any trawl net except as may be prescribed; Section 42(1)(h) a gill net, whether drifting or set, in any river or body of water forming part of the riverine system a gill net, whether drifting or set, in any river or body of water forming part of the riverine system if the mesh of the net is less than forty-five millimeters in stretched diagonal length; Section 42(1)(i) a seine net the mesh of which is less than forty-five millimetres in stretched diagonal length; Section 42(1)(j) a beach seine net for the purpose of fishing; Section 42(1)(k) a seine net in any body forming part of the riverine system; Section 42(1)(l) firearms or other electrical shock devices for the purpose of fishing including stunning, disabling or killing fish or in any way rendering fish to be caught easily; or Section 42(1)(m) such other gear as may be prescribed or prohibited by regulations established under this Part. Section 42(2)(a) sixty millimetres in stretched diagonal length for the meshes forming the cod-end of the net for demersal trawl nets; Section 42(2)(b) forty-five millimetres in stretched diagonal length for the meshes in the cod-end for catching shrimp and other shellfish; Section 42(2)(c) forty-five millimetres in stretched diagonal length for seine nets; and Section 42(2)(d) in the case of a trawl net, where the sides of the net are less than the mesh of the cod-end. Section 42(3) No person shall use on an industrial fishing vessel a bottom trawl in coastal waters of less than fifteen meters depth. Section 42(4) No person shall, for the purpose of fishing, set any net across any river from bank to bank so as to form a barrier. Section 42(5)(a) permit to be used, use or attempt to use any explosive, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish, or in any way rendering fish more easily caught; or Section 42(5)(b) carry or have in possession or control any explosive, electric shock device, poison or other noxious substance in circumstances indicating an intention of using such substance for any of the purposes referred to in subparagraph (a). Section 42(6) Any explosive, electric shock device, poison or other noxious substance found on board any fishing vessel shall be presumed, unless the contrary is proved, to be intended for the purposes referred to in paragraph (1)(a) of subsection (42). Section 42(7) A person who contravenes any of the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or to a term of imprisonment not exceeding three years or to both in respect of industrial fishing and to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three months or to both in respect to artisanal fishing. - 43 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 43. Damage, destruction to and interference with fishing gear, vessel, person prohibited
Prohibits damage, destruction or interference with fishing gear, other vessels and persons in Kenya fishery waters and prescribes penalties and compensation.
Section 43. Damage, destruction to and interference with fishing gear, vessel, person prohibited Section 43(1)(a) any fishing gear that he or she does not own or use or that is not associated with such vessel; Section 43(1)(b) any other vessel and/or persons thereon; or Section 43(1)(c) any persons on any other vessel or otherwise in the Kenya fishery waters. Section 43(2)(a) undertake to minimize any damage caused by the gear; Section 43(2)(b) where practicable return the gear to the sea and log the position; and Section 43(2)(c) make a full report of the incident and steps taken by him or her to the Director-General at the earliest opportunity. Section 43(3)(a) rescue such person from the sea; Section 43(3)(a)(i) rescue such person from the sea; Section 43(3)(a)(ii) administer all possible first aid or medical treatment; and Section 43(3)(a)(iii) steam directly to shore and seek further medical treatment; Section 43(3)(b) where there has been a death of a person, recover the body and bring it directly to port; and Section 43(3)(c) make full report of the incident and steps taken to the police. Section 43(4) A person who contravenes subsection (1), (2) or (3) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term for a term of imprisonment not exceeding one year or to both, and in addition that person shall fully compensate the owner of the fishing gear for any damage or injury caused under civil law as a consequence of the action unless there is sufficient proof that the damage, destruction, interference or endangerment took place in an area where the person or vessel that caused such consequence were legally entitled vessel that caused such consequence were legally entitled to be at that time and it was not reasonably possible to detect the fishing gear or vessel and any relevant fishing gear was not marked in accordance with the requirements pursuant to this Act. Section 43(5) Where human life is lost as a consequence of any negligent or wilful action under subsection (1), the responsible person shall be liable on conviction to a fine not exceeding one million shillings or imprisonment to a term not exceeding ten years or to both, and in addition that person shall compensate the estate of the deceased under civil law. Section 43(6) Each person making a claim for compensation pursuant to subsection (4) shall do so within a period of three years. - 44 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 44. Leaving or abandoning objects in the sea Prohibited
No person must dump, leave or abandon gear, moorings or other objects in the sea or on the seabed if those objects may harm fish or other marine organisms, impede harvesting, damage gear or endanger vessels.
Section 44. Leaving or abandoning objects in the sea Prohibited Section 44(1) No person shall dump gear, moorings or other objects in the sea or leave unnecessarily or abandon such objects in the sea or on the seabed if they may adversely affect fish or other marine organisms including by continuing to enmesh, trap or otherwise catch fish, impede harvesting operations, damage harvesting gear or endanger vessels. Section 44(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding three years, or to both, and in addition such person shall be responsible for the full cost of clearing or removing the relevant objects in respect of industrial fishing or to a fine not exceeding fifty thousand shillings or to a term of imprisonment not exceeding three months in respect of artisanal fishing. - 45 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 45. Declaration of endangered species of fish
The Cabinet Secretary may declare species of fish endangered and must, where possible, include species listed under international agreements; unless the Cabinet Secretary provides otherwise, persons must not fish for, catch, possess, transport, process, buy or sell declared species.
Section 45. Declaration of endangered species of fish Section 45(1) The Cabinet Secretary may, by notice in the Gazette , declare any species of fish to be endangered or threatened with extinction, and shall, to the extent possible, include those species relevant to Kenya that have been declared endangered or threatened under any international agreement or instrument to which Kenya is party. Section 45(2) Unless otherwise provided by the Cabinet Secretary, no person shall engage in fishing for, catch, possess, transport, process, buy or sell any species of fish declared endangered or threatened with extinction pursuant to subsection (1). Section 45(3)(a) a fine not exceeding two hundred and fifty thousand shillings or to a term of imprisonment not exceeding three years or to both in respect of industrial fishing; or Section 45(3)(b) a fine not exceeding fifty thousand shillings or a term of imprisonment not exceeding six months in respect of artisanal fishing. Section 45(4) Where a species of fish has been declared as endangered under subsection (1), the Cabinet Secretary shall take special measures for its protection. - 46 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 46. Prohibitions and requirements for marine mammals
Persons are prohibited from fishing for marine mammals in Kenya fishery waters or using Kenyan ports to equip or supply vessels for that purpose; the Director-General may authorize limited research fishing; contravening (1) or (2) is an offence punishable by a fine not exceeding 500,000 shillings or imprisonment up to three years or both.
Section 46. Prohibitions and requirements for marine mammals Section 46(1) Subject to subsection (3), no person shall engage in fishing for marine mammals in Kenya fishery waters or use any port in Kenya for the purpose of equipping or supplying a vessel intended to be used for fishing for marine mammals. Section 46(2) Any marine mammal caught either intentionally or unintentionally shall be released immediately and returned to the waters from which it was taken with the least possible injury. Section 46(3) The Director-General may give written authorization to fish for marine mammals in a limited manner for research purposes. Section 46(4) A person who contravenes subsection (1) or (2) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding three years or to both. - 47 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 47. Marine Protected Areas
The Cabinet Secretary may make regulations, subject to approval by the National Assembly, to give effect to Section 47.
Section 47. Marine Protected Areas Section 47(1)(a) area; Section 47(1)(b) boundaries; Section 47(1)(c) purpose; Section 47(1)(d) objective; Section 47(1)(e) a mandate for total or partial regulation; Section 47(1)(f) management measures; Section 47(1)(g) decision-making responsibilities; Section 47(1)(h) procedures for the coordination of stakeholders; Section 47(1)(i) procedures for conflict resolution; Section 47(1)(j) procedures for monitoring and review. Section 47(2) The Cabinet Secretary may, subject to approval by the National Assembly, make regulations to give effect to this section. - 48 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 48. Fisheries impact assessments
People or government bodies planning non-fishing activities likely to harm fish or their habitat must apply to the Director-General before starting; the Director-General must refer applications to the National Management Authority for a report, which must be completed within six months; reports must be taken into account when planning; breaches are offences with fines, imprisonment, compensation and restoration costs.
Section 48. Fisheries impact assessments Section 48(1) Any person or Government Ministry or other agency that plans to conduct any activity other than fishing which is likely to have an adverse impact on fish and their habitat, shall apply to the Director-General in the prescribed form prior to the commencement of the planned activity with a view to ensuring the conservation and protection of such resources. Section 48(2) Where an application is made under subsection (1), the Director-General shall refer the matter to the National Management Authority who shall give a report regarding the likely impact of such activity on the fishery resources, including theirs habitat and possible means of preventing or minimizing adverse impact. Section 48(3) Any report or recommendation prepared in accordance with subsection (2) shall be taken into account by the relevant person, Government Department or other agency in the planning of the activity and in the development of means of preventing or minimising any adverse impacts. Section 48(4) Any report made under subsection (2) shall be completed within six months of making the application. Section 48(5) Any person who violated any provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both and in addition such a person shall be liable to pay compensation in respect of any resulting loss or damage as well as full cost of restoring the affected habitat to its previous state. - 49 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 49. Pollution of the Kenya Fishery Waters
People must not introduce harmful articles or substances into Kenya fishery waters; breaches are an offence with fines, imprisonment, compensation and licence suspension powers for the Director-General.
Section 49. Pollution of the Kenya Fishery Waters Section 49(1) No person shall prepare for the introduction of, attempt to introduce or introduce into the Kenya fishery waters, directly, indirectly, deliberately, any deleterious article or substance, including articles or substances which may have toxic, hazardous or other harmful properties or effects in relation to fish or the marine environment, and which may adversely affect the habitat or health of the fish. Section 49(2) A person who contravenes subsection (1) is guilty of an offence and shall be liable on conviction to fine not exceeding five million shillings or to a term of imprisonment not exceeding ten years or to both, and in addition shall be liable to pay compensation in respect of any resulting loss or damage as well as the full cost of restoring the affected habitat and fishery resources to their previous state. Section 49(3) The Director-General may suspend or cancel the licence of a vessel to which this section applies until such time as all fines, penalties and damages have been satisfied. Section 49(4)(a) the name of the reporting person and, as appropriate, the name and call sign, if any, of the vessel from which the introduction or encounter occurred; Section 49(4)(b) the nature of the article disposed or encountered; Section 49(4)(c) the location of the article or substance; and Section 49(4)(d) the time and date of the incident. Section 49(5) Unless it is provided otherwise, the provisions of section 93 of the Environmental Management and Co-ordination Act (Cap. 387), shall apply to offences involving discharge of pollutants under this Act. - 50 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 50. Fish landing stations, etc.
Only persons who are sport fishermen may land fish anywhere other than at a fish landing station or designated port; others must land fish at a fish landing station or port.
Section 50. Fish landing stations, etc. Section 50(1)(a) fish landing stations; Section 50(1)(b) designated fishing ports; and Section 50(1)(c) protected fish breeding grounds. Section 50(2) Notwithstanding subsection (1), the areas specified in the Second Schedule are declared to be designated fishing ports, with effect from the date of the commencement of this Act. Section 50(3) No person other than a sport fisherman shall land any fish at any point except at a fish landing station or port. Section 50(4) A person who contravenes the provisions of subsection (3) commits an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months or to both in case of fish landing stations or to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both in case of ports. - 51 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 51. Placing of live fish
The section sets conditions for placing live fish (including when a fish farmer stocks a pond from another farmer in the same catchment) and states that contravention is an offence punishable by a fine up to 350,000 shillings or imprisonment up to two years, or both.
Section 51. Placing of live fish Section 51(1)(a) the fish species being so placed previously occurred in the same body of water prior to being fished therefrom; or Section 51(1)(b) a fish farmer is stocking his pond with fish obtained from another fish farmer with whom he shares the same water catchment area. Section 51(2) Any person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding three hundred and fifty thousand shillings or to imprisonment for a term not exceeding two years, or to both. - 52 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 52. Director-General to direct stock assessments, collection and analysis of other information and forward to the Board
The Director-General may, by written notice, direct qualified persons to carry out periodic fish stock assessments, collect and analyse data and forward it to the Board; data collected under this section must be kept in a database; contravening a notice is an offence punishable by a fine not exceeding 100,000 shillings or imprisonment up to one year or both.
Section 52. Director-General to direct stock assessments, collection and analysis of other information and forward to the Board Section 52(1) In addition to the information requirements specified in Part VIII, the Director-General may by notice in writing direct any person whom he is satisfied is suitably qualified to undertake the periodic stock assessment of all the fishery waters and collect and analyze statistical and other data and information on activities under the scope of this Act and forward the same to the Board. Section 52(2) In addition to the requirements set out in Part VIII, any data collected pursuant to this section shall be maintained in a database in such form as the Director-General may determine. Section 52(3) Any person who contravenes the provisions of a notice issued under this section commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year or to both. - 53 Verify source ↗
FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT - 53. Prohibited activities relating to fish or fish products taken contrary to the laws of another State
It is prohibited to take, import, export, tranship, land, transport, sell, receive, acquire or buy any fish or fish product taken, possessed, transported or sold in violation of any law or regulation of another State or of international conservation and management measures.
Section 53. Prohibited activities relating to fish or fish products taken contrary to the laws of another State Section 53(1)(a) cause or permit a person acting on his or her behalf; or Section 53(1)(b) use or permit a vessel to engage in fishing or related activity, to take, import, export, tranship, land, transport, sell, receive, acquire or buy any fish or fish product taken, possessed, transported or sold in violation of any law or regulation of another State or of international conservation and management measures in line with section 31 of this Act. Section 53(2) This section does not apply to fish taken on the high seas contrary to the law of another State where Kenya does not recognise the jurisdiction of that State over those fish except to vessels flying Kenya's flag or to areas where the boundaries are disputed or not clear. Section 53(3)(a) a fine not exceeding five million shillings or to a term of imprisonment not exceeding five years or to both, in relation to industrial fishing; or Section 53(3)(b) a fine not exceeding one hundred thousand shillings or to imprisonment for term not exceeding six months or to both, in relation to artisanal fishing.
Part VI
IMPORT, EXPORT AND TRADE AND MARKETING OF FISH AND FISH PRODUCTS
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IMPORT, EXPORT AND TRADE AND MARKETING OF FISH AND FISH PRODUCTS - 54. Import and release of live fish
Imports and releases of live fish into Kenya are prohibited without written approval of the Director-General; approval requires an environmental impact assessment, conditions apply to release approvals, the Director may order forfeiture and destruction of unsuitable imports, and importers/exporters of destroyed fish are not entitled to compensation.
Section 54. Import and release of live fish Section 54(1) No person shall import any live fish into Kenya without the written approval of the Director-General and in accordance with such procedures as may be prescribed and the approval shall only be given upon production of an environmental impact assessment report on the effect of each introduction. Section 54(2) No person shall release any live fish imported into Kenya into the fishery waters except with the written approval of the Director-General. Section 54(3) The Director-General shall not approve any release of live fish unless the fish has been kept under observation and control for such period and on such terms and conditions as the Director-General thinks fit. Section 54(4) Where the Director-General is satisfied that any fish which has been imported into Kenya is unsuitable for the purpose of release the Director may order the fish to be forfeited and destroyed. Section 54(5) The importer and exporter of any fish destroyed under subsection (4) shall not be entitled to compensation. - 55 Verify source ↗
IMPORT, EXPORT AND TRADE AND MARKETING OF FISH AND FISH PRODUCTS - 55. Export of live fish
No person shall export any live fish from Kenya except in accordance with regulations.
Section 55. Export of live fish Section 55(1) No person shall export any live fish from Kenya except in accordance with regulations. Section 55(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding three years or to both. - 56 Verify source ↗
IMPORT, EXPORT AND TRADE AND MARKETING OF FISH AND FISH PRODUCTS - 56. Possession and trade in fish, fish product or other marine resources prohibited
Persons who have clear cause to believe that fish or fish products were obtained in contravention of the Act must not buy, sell, possess or otherwise trade in those fish or fish products.
Section 56. Possession and trade in fish, fish product or other marine resources prohibited Section 56(1) No person who has clear cause to believe that a fish, fish product or other fisheries resources have been obtained in contravention of this Act shall buy, sell, possess or otherwise trade in such fish, fish products, or other fisheries resources. Section 56(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding three years or to both, and in addition all fish or fish products in respect of which the offence is committed shall be forfeited. - 57 Verify source ↗
IMPORT, EXPORT AND TRADE AND MARKETING OF FISH AND FISH PRODUCTS - 57. Promotion of fish production and marketing
Section 57. Promotion of fish production and marketing Section enter into arrangements and agreements with registered associations or institutions for the management development and administration of fisheries, and
Section 57. Promotion of fish production and marketing Section enter into arrangements and agreements with registered associations or institutions for the management development and administration of fisheries, and
Part VII
FISH QUALITY AND SAFETY
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FISH QUALITY AND SAFETY - 58. Competent authority
The Ministry responsible for the Service is designated as the competent authority for official control of fish safety; the Cabinet Secretary must establish a technical committee and perform multiple functions (monitoring production, regulating handling and marketing, collaborating with agencies, inspections, setting procedures and conditions for market placement, maintaining an approved register, issuing health certificates, and other necessary functions).
Section 58. Competent authority Section 58(1) The Ministry responsible for the Service shall be the competent authority responsible for the official control of the safety of fish, fish products and fish feed. Section 58(2) The Cabinet Secretary shall establish a technical committee on Fish Quality and Safety. Section 58(3)(a) monitor the production of fish products and fish feed with a view to assessing risks to humans; Section 58(3)(b) regulate fish handling, landing, transportation, processing and marketing; Section 58(3)(c) work in collaboration with other Government agencies in matters related to this section; Section 58(3)(d) carry out inspection of operational fishery enterprises for compliance with fish safety regulations issued by the Cabinet Secretary; Section 58(3)(e) lay down all procedures to be followed for compliance with provisions under paragraph (f); Section 58(3)(f) specify conditions for the placing on the market of fish, fish products and fish feed; Section 58(3)(g) maintain a register of fishery enterprises approved by the competent authority; Section 58(3)(h) issue health certification of fish, fish products and fish feed subject to the consignment meeting set requirements; Section 58(3)(i) perform such other functions as may be necessary or expedient for food safety conditions of fish products in accordance with this Act. Section 58(4) The Cabinet Secretary may for the purposes of subsection (2) make regulations, and such regulations shall regard to conduct of the affairs of the standing committee. - 59 Verify source ↗
FISH QUALITY AND SAFETY - 59. Harmonization of fish safety and quality standards
The Director-General may enter into arrangements or agreements with other States (within shared fishery resources) to harmonize fish safety and quality standards, subject to the Treaty Making and Ratification Act (Cap. 4D) and consultation with the Cabinet Secretary.
Section 59. Harmonization of fish safety and quality standards Section The Director-General may, pursuant to the Treaty Making and Ratification Act (Cap. 4D) in consultation with the Cabinet Secretary enter into arrangements or agreements with other States within shared fishery resources for the purpose of harmonization of fish safety and quality standards. - 60 Verify source ↗
FISH QUALITY AND SAFETY - 60. Sale, export of adulterated or contaminated fish, or fish products prohibited
Selling or exporting fish or fish products that are adulterated, contaminated, fail inspection standards, or are injurious to human health is prohibited; a person who knowingly and wilfully contravenes this commits an offence punishable by a fine up to one million shillings, or imprisonment up to ten years, or both, and forfeiture of the fish or fish products.
Section 60. Sale, export of adulterated or contaminated fish, or fish products prohibited Section 60(1)(a) are adulterated; Section 60(1)(b) are contaminated with or contains a poisonous or harmful substance or pathogenic micro-organisms; Section 60(1)(c) have not met applicable inspection standards; or Section 60(1)(d) are otherwise injurious to human health. Section 60(2) A person who knowingly and wilfully contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to an imprisonment for a term not exceeding ten years or to both, and in addition any fish or fish products involved in the transaction and those owned or controlled by such person shall be forfeited.
Part VIII
AQUACULTURE
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AQUACULTURE - 61. Aquaculture activities requirements
No person may engage in commercial aquaculture activities except in accordance with this Act; contravention is an offence punishable by a fine of up to three hundred thousand shillings or imprisonment for up to five years, or both.
Section 61. Aquaculture activities requirements Section 61(1) No person shall engage in commercial aquaculture activities except in accordance with this Act. Section 61(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings or to a term of imprisonment not exceeding five years or to both. - 62 Verify source ↗
AQUACULTURE - 62. Aquaculture development plan
The Director-General must prepare an aquaculture development plan, in consultation with the Oceans and Fisheries Advisory Council, for review and endorsement by the Board and approval by the Cabinet Secretary; plans last three years and must include specified contents.
Section 62. Aquaculture development plan Section 62(1) The Director-General shall, in consultation with the Oceans and Fisheries Advisory Council, prepare an aquaculture development plan for the review and endorsement by the Board and approval by the Cabinet Secretary, with the objective of promoting the sustainable development of aquaculture in Kenya in accordance with the principles and objectives of this Act. Section 62(2) Any aquaculture development plan developed under subsection (1) shall be for duration of three years. Section 62(3)(a) a statement of the objectives and priorities of the plan and a strategy for achieving those objectives; Section 62(3)(b) performance indicators to monitor the extent to which the objectives of the plan are being attained; Section 62(3)(c) a strategy for monitoring progress at least on an annual basis, and as appropriate an evaluation of the implementation of the aquaculture plan that preceded it; Section 62(3)(d) a description or identification of any area of water which is suitable for aquaculture and the type of aquaculture for which the area is suitable; Section 62(3)(e) a description of suitable methods for undertaking any type of aquaculture; Section 62(3)(f) identification of suitable or unsuitable species of fish for aquaculture; Section 62(3)(g) requirements or standards for water quality, aquaculture waste, escapement, environmental impact assessments and the introduction, transfer and release of fish for purposes related to aquaculture; and Section 62(3)(h) any other matter concerning aquaculture which the Board or Director-General considers appropriate. Section 62(4) The first aquaculture development plan shall be prepared and submitted through the Board to the Cabinet Secretary for approval as soon as reasonably practicable and in any case within one year from the date on which this Act enters into force. - 63 Verify source ↗
AQUACULTURE - 63. Collaboration with Counties
Aquaculture development is ecologically sustainable and allows rational use of the resource shared by aquaculture and other activities.
Section 63. Collaboration with Counties Section aquaculture development is ecologically sustainable and allows rational use of the resource shared by aquaculture and other activities; and - 64 Verify source ↗
AQUACULTURE - 64. Prohibited to deprive community of traditional access to fisheries
No person must, by carrying out aquaculture activities, deprive a local community of its traditional access to fishing grounds without good cause and without first consulting the affected community; contravention is an offence punishable by a fine not exceeding three hundred thousand shillings or imprisonment not exceeding three years and the offender must restore the community's access.
Section 64. Prohibited to deprive community of traditional access to fisheries Section 64(1) No person shall, by carrying out aquaculture activities, deprive a local community of its traditional access to fishing grounds without good cause and without first consulting the affected community. Section 64(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings or to a term of imprisonment not exceeding three years or to both, and in addition shall restore to the local community its traditional access. - 65 Verify source ↗
AQUACULTURE - 65. County' s responsibility to monitor non-commercial aquaculture activities
County governments must monitor aquaculture and mariculture in their areas; if disease risks arise they must (in consultation with the Cabinet Secretary) notify owners to destroy infected fish or take other measures; recipients must comply at their expense; failure is an offence punishable by a fine and/or imprisonment and costs; officers issuing notices without justification are personally liable.
Section 65. County' s responsibility to monitor non-commercial aquaculture activities Section 65(1) County governments shall monitor aquaculture and mariculture practices and operations in areas under their respective jurisdictions pursuant to this Act. Section 65(2) Where any person or any County government has cause to believe that any fish and fish products from any waters used for aquaculture activities are infected with a disease which can reasonably be foreseen to become, or which has become, of epidemic proportions, such County government shall in consultation with the Cabinet Secretary, give notice in writing to the owner of the relevant waters requiring the destruction of all fish and fish products in the said waters or the taking of such other measures as the county government may specify in the notice. Section 65(3) Every person who receives a notice under subsection (2) shall comply with its requirements at her own expense, and in default of such compliance, the local fisheries authority may enter the relevant facility and take or cause to be taken such measures as may be necessary for complying with the requirements of the notice and any expenses incurred shall be recoverable as a civil debt from the person so notified. Section 65(4) A person who does not comply with the requirements in the notice received pursuant to subsection (2) commits an offence and shall be liable on conviction not exceeding three hundred thousand shillings or to a term of imprisonment not exceeding three years or to both, and in addition shall be responsible for costs directly associated with the resulting damage. Section 65(5) Where an officer wilfully, negligently or without justifiable cause issues a notice under subsection (2), the officer shall be held personally liable for any resultant loss. - 66 Verify source ↗
AQUACULTURE - 66. Permission of Director-General and approval by Board required
It is prohibited for a person to introduce, transfer, import, export or release exotic or genetically modified fish (or their eggs/fingerlings/seed) into Kenya or its fishery waters except where permission is granted by the Director-General with the Board's written approval and after an environmental impact assessment; contravention is an offence punishable by a fine not exceeding one million shillings or imprisonment not exceeding five years or both.
Section 66. Permission of Director-General and approval by Board required Section 66(1)(a) introduce or cause to be introduced into Kenya or the Kenya fishery waters any exotic species of fish or any genetically modified fish; Section 66(1)(b) transfer any eggs, fingerlings or seed of exotic or genetically modified species or such adult species of fish from one aquaculture establishment in Kenya to another or from any location in Kenya to another; Section 66(1)(c) import or export live fish for the purpose of aquaculture; or Section 66(1)(d) release into the fishery waters any fish except for indigenous wild fish caught in Kenya. Section 66(2) Permission for any activity in subsection (1) may be granted subject to such conditions as the Director-General, with the written approval of the Board, considers appropriate and after an environmental impact assessment has been undertaken. Section 66(3) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to a term of imprisonment not exceeding five years or to both. - 67 Verify source ↗
AQUACULTURE - 67. Director-General's authority to inspect, seize fish destined for import or export or diseased, highly invasive fish
The Director-General may inspect fish imported for aquaculture or destined for export, and may seize, hold, quarantine, disinfect or destroy live fish imported or destined for import/export for aquaculture; the Director-General shall take measures if species are determined to be diseased or highly invasive.
Section 67. Director-General's authority to inspect, seize fish destined for import or export or diseased, highly invasive fish Section 67(1) The Director-General may inspect or cause to be inspected any fish before or after they are imported for the purpose of aquaculture and inspect or cause to be inspected any fish produced by aquaculture operations that are destined for export. Section 67(2) The Director-General may seize, hold, quarantine, disinfect or destroy any live fish that have been imported or that are destined for import or export for purposes of aquaculture, and shall take such measures where it is determined that the species are diseased or highly invasive. - 68 Verify source ↗
AQUACULTURE - 68. Aquaculture waste
Persons must prevent aquaculture waste from creating unsightly or offensive conditions and must secure or treat it to stop it being blown, washed or swept off the licence area; the Director-General may notify and require redesign and persons notified must comply; contraventions are an offence with fines, imprisonment or compensation.
Section 68. Aquaculture waste Section 68(1)(a) does not cause an unsightly or offensive condition at the licence area; and Section 68(1)(b) is secured or treated in a manner designed to prevent it from being blown, washed or swept off the licence area. Section 68(2) Where any person fails or apparently fails to fulfil the conditions set out in subsection (1), the Director-General, in consultation with the National Environmental Management Authority, may notify such person in writing of the requirement to take measures to restore the applicable area to such standard as the Director-General may specify within a stated period of time, and may upon inspection require such person to redesign the applicable area. Section 68(3) Each person who is notified by the Director-General pursuant to subsection (2) shall promptly fulfil the requirements set out in the notification. Section 68(4) A person who contravenes subsection (1) or (3) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding five years or to both, and in addition shall be responsible for compensation for the costs of restoring the applicable area as required pursuant to subsection (2). - 69 Verify source ↗
AQUACULTURE - 69. Escapement
Persons engaged in commercial aquaculture must take measures to prevent or minimise escape of aquaculture stock into the wild; operators must act to limit and repair damage and must notify the Director-General within seven days after becoming aware of an escape or damage.
Section 69. Escapement Section 69(1) Each person engaged in commercial aquaculture in Kenya shall take appropriate measures to prevent or minimise the risk of the escape of aquaculture stock into the wild. Section 69(2) Where there has been an escape of hatchery reared aquaculture stock or damage to a farming structure, equipment or facility that may lead to the escape of hatchery reared aquaculture stock, the operator of the relevant aquaculture establishment shall take immediate measures to minimise the damage and to repair any damage caused to the extent possible. Section 69(3)(a) the species of fish affected; Section 69(3)(b) the date (or an estimate of the date) on which the escape or damage took place; Section 69(3)(c) the number and biomass (or an estimate of the number and biomass) of the fish that have escaped; and Section 69(3)(d) the age or developmental stage of the fish at the time of their escape and details of the circumstances in which the escape or damage took place, and, within seven days after becoming aware of such escape or damage, notify the Director-General in writing of the action taken to deal with it. Section 69(4) A person who contravenes subsection (1), (2) or (3) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding five years or to both. - 70 Verify source ↗
AQUACULTURE - 70. Use of drug, chemical, etc. restricted
Persons in commercial aquaculture establishments must not use drugs, pharmaceuticals, antibiotics or other chemicals for treating fish diseases or enhancing fish growth without the written approval of the Director-General.
Section 70. Use of drug, chemical, etc. restricted Section 70(1) No person shall use in a commercial aquaculture establishment any drug, pharmaceutical, antibiotic or other chemical for the treatment of fish diseases or for the enhancement of fish growth without the written approval of the Director-General. Section 70(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding five years or to both. - 71 Verify source ↗
AQUACULTURE - 71. Information on wild, genetically modified species
The Director-General has the authority to collect information and data on wild and genetically modified species to assess their impact on aquaculture.
Section 71. Information on wild, genetically modified species Section The Director-General shall have the authority to collect information and data on wild and genetically modified species for the purpose of assessing their impact on aquaculture. - 72 Verify source ↗
AQUACULTURE - 72. Interfering with aquaculture establishment prohibited
It is prohibited to interfere with an aquaculture establishment as described in subsection (1); a person who contravenes subsection (1) commits an offence and may be fined up to two hundred thousand shillings, imprisoned for up to five years, or both, and must compensate the licensee for direct damage.
Section 72. Interfering with aquaculture establishment prohibited Section 72(1)(a) interfere with or harvest the product of an aquaculture establishment without the written authority of the licensee; Section 72(1)(b) place any object in the water, or promote or undertake any activity in a manner so as to obstruct an aquaculture operation being carried out by another person; Section 72(1)(c) destroy, damage, displace or alter the position of any equipment lawfully deployed in connection with an aquaculture licence; or Section 72(1)(d) without lawful excuse cause the release of any product of an aquaculture establishment. Section 72(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings or to a term of imprisonment not exceeding five years or to both, and in addition shall fully compensate the relevant licensee for any damage which is the direct result of his/her contravention. - 73 Verify source ↗
AQUACULTURE - 73. Transboundary aquaculture ecosystems
Escapement of aquaculture species into shared water bodies.
Section 73. Transboundary aquaculture ecosystems Section escapement of aquaculture species into shared water bodies; - 74 Verify source ↗
AQUACULTURE - 74. Regulations for Aquaculture
The Cabinet Secretary may make regulations to implement this Act, including on specific aquaculture matters listed in subsection (2).
Section 74. Regulations for Aquaculture Section 74(1) The Cabinet Secretary may make Regulations for the better carrying out of the provisions of this Act. Section 74(2)(a) fish hatchery standards; Section 74(2)(b) qualifications of persons authorized to offer aquaculture extension services; Section 74(2)(c) the mode of establishment of fish cages or any such form of aquaculture establishment in Kenya fishery waters; Section 74(2)(d) aquaculture extension systems; Section 74(2)(e) fish disease surveillance, control and management in aquaculture establishments; Section 74(2)(f) the use of biotechnology to increase productivity; Section 74(2)(g) codes of practice for fish farmers; or Section 74(2)(h) any other measure that he deems necessary for the proper management of aquaculture.
Part X
LICENSING AND REGISTRATION
- 100 Verify source ↗
LICENSING AND REGISTRATION - 100. Reporting requirements for industrial fishing vessels
The provision lists detailed reporting information required in subsection (1) for industrial fishing vessels and states that a person who contravenes any condition in subsection (1) commits an offence punishable by a fine not exceeding one million shillings or imprisonment not exceeding five years or both.
Section 100. Reporting requirements for industrial fishing vessels Section 100(1)(a) the gear type used; Section 100(1)(a)(i) the gear type used; Section 100(1)(a)(ii) the noon position of the vessel and, where applicable, the set position of the fishing gear and soak time or the number of hooks and the sea surface temperature; Section 100(1)(a)(iii) the total number of hauls per day, aggregate time for each haul and total number of days fished per fishing trip; Section 100(1)(a)(iv) the species of fish taken and the size and quantity of each species by weight or number as may be specified in the relevant reporting form; Section 100(1)(a)(v) the species of fish returned from the vessel to the sea, the reason for the discard, the quantity of each species by weight or number; and Section 100(1)(a)(vi) such other information as may be prescribed or as the Director-General may require. Section 100(1)(b) at least twenty four hours prior to the estimated time of entry into and departure from the Kenya fishery waters; Section 100(1)(b)(i) at least twenty four hours prior to the estimated time of entry into and departure from the Kenya fishery waters; Section 100(1)(b)(ii) each day while the vessel is in the Kenya fishery waters; Section 100(1)(b)(iii) at least twenty four hours prior to the estimated time of entry or departure from port; and Section 100(1)(b)(iv) upon entry into or departure from a closed area or marine protected area. Section 100(1)(c) providing such daily information as and in the form the Cabinet Secretary may require to give effect to its duty under international agreements and law; and Section 100(1)(c)(i) providing such daily information as and in the form the Cabinet Secretary may require to give effect to its duty under international agreements and law; and Section 100(1)(c)(ii) certifying that all information provided pursuant to subparagraphs (a), (b), (c) and (d) is true, complete and correct. Section 100(2) A person who contravenes any condition in subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to a term of imprisonment not exceeding five years or to both. - 101 Verify source ↗
LICENSING AND REGISTRATION - 101. Conditions for semi-industrial fishing vessels
Sets conditions for registration and marking of semi-industrial fishing vessels, requires Director-General inspections and issuance of certificates upon payment, restricts gear on undecked vessels, and creates offence with fines or imprisonment for contraventions.
Section 101. Conditions for semi-industrial fishing vessels Section 101(1)(a) for fishing or fishing related activities in areas under the national jurisdiction of other States unless the licence or authorization has been endorsed to authorise such fishing or fishing, related activities; or Section 101(1)(a)(i) for fishing or fishing related activities in areas under the national jurisdiction of other States unless the licence or authorization has been endorsed to authorise such fishing or fishing, related activities; or Section 101(1)(a)(ii) in areas of national jurisdiction of any other State except in accordance with laws of that State; Section 101(1)(b) every semi-industrial fishing vessel shall be marked with a registration number and such other identification markings as may be prescribed or required in writing by the Director-General. Section 101(1)(c) on receipt of an application for registration of a semi-industrial fishing vessel made under this Act, the Director-General shall, as soon as practicable, cause the vessel to which the application refers to be inspected and if, upon such inspection, the vessel is found to be fit for fishing and meets the prescribed safety standards, the Director-General shall assign identification markings to the vessel and on payment by the applicant of the prescribed registration fee, issue to the owner of the vessel a certificate of registration. Section 101(1)(d) undecked semi-industrial fishing vessels: 100%; and Section 101(1)(d)(i) undecked semi-industrial fishing vessels: 100%; and Section 101(1)(d)(ii) decked semi-industrial fishing vessels: 50%. Section 101(1)(e) no person using an undecked semi-industrial fishing vessel shall carry gear that exceeds such amount and dimensions as may be prescribed. Section 101(2) A person who contravenes any condition in subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to a term of imprisonment not exceeding five years or to both. - 102 Verify source ↗
LICENSING AND REGISTRATION - 102. Reporting requirements for semi-industrial fishing vessels
Lists required reporting information for semi-industrial fishing vessels, including date of fishing, gear type, species and quantities taken or returned, place of landing/transhipment, other prescribed information, and certification that the information is true, complete and correct.
Section 102. Reporting requirements for semi-industrial fishing vessels Section 102(1)(a) the date of fishing; Section 102(1)(a)(i) the date of fishing; Section 102(1)(a)(ii) the gear type used; Section 102(1)(a)(iii) the species of fish taken and the size and quantity of each species by weight or number as may be prescribed or the Director-General may require; and Section 102(1)(a)(iv) the species of fish returned from the vessel to the sea, the reason for the discard, the quantity of each species by weight or number; Section 102(1)(b) the place of landing or transhipment; Section 102(1)(c) such other information as may be prescribed or as the Cabinet Secretary may require; and Section 102(1)(d) certifying that information provided pursuant to subparagraphs (a), (b) and (c) is true, complete and correct. Section 102(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or to a term of imprisonment not exceeding three years or to both. - 103 Verify source ↗
LICENSING AND REGISTRATION - 103. Registration of artisanal fishing vessels
Owners of artisanal fishing vessels must apply for a registration number on a prescribed form; displaying and valid registration-number requirements are set out, and contravention is an offence punishable by a fine or imprisonment.
Section 103. Registration of artisanal fishing vessels Section 103(1)(a) a valid and applicable registration number; and Section 103(1)(b) displaying such registration number in accordance with the requirements in such form as may be prescribed. Section 103(2) The owner of each artisanal fishing vessel shall apply for a registration number on such form as may be prescribed or as the Director-General may require. Section 103(3) Any person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings or to a term of imprisonment not exceeding one year or to both. - 104 Verify source ↗
LICENSING AND REGISTRATION - 104. Registration of vessels
Certain registration, inspection and certification powers and penalties for unregistered fishing vessels are set out, including Director-General inspection/registration powers, a county executive's power to exempt recreational vessels, and offences with fines and imprisonment.
Section 104. Registration of vessels Section 104(1) Subject to subsection (2) and in addition to the provisions of section 124 , no fishing vessel shall be operated in the Kenya fishery waters, and no Kenyan fishing vessel shall be used in or outside the Kenya fishery waters for fishing or fishing related activity, unless such fishing vessel has been registered by the Board in accordance with this section, notwithstanding that it holds a valid and applicable registration as may be required under any other law of Kenya. Section 104(2) The County executive committee member may, by notice in the Gazette , exempt any local fishing vessel used only for recreational fishing other than for reward or profit from the requirements of subsection (1). Section 104(3) An application for registration of a fishing vessel shall be made to the Director-General in the prescribed form. Section 104(4) On receipt of an application under subsection (3) the Director-General shall cause the vessel to be inspected and may thereafter register the vessel. Section 104(5)(a) the name, street address, telephone number, fax number and email address of the owner and, where applicable, the previous owner; Section 104(5)(b) the name and any previous name of the vessel; Section 104(5)(c) the year and place of manufacture; Section 104(5)(d) the flag country and previous flag country if any; Section 104(5)(e) type of gear used; Section 104(5)(f) radio call sign; Section 104(5)(g) vessel tonnage; Section 104(5)(h) vessel length; Section 104(5)(i) fish hold volume; Section 104(5)(j) fish carrying capacity; Section 104(5)(k) IMO number as applicable; Section 104(5)(l) vessel identifier issued by an RFMO as applicable; and Section 104(5)(m) national registration number. Section 104(6) The Director-General may subject to approval by the Board, where he is satisfied that a fishing vessel inspected under this section is fit for fishing and meets the prescribed safety and hygiene standards, issue a certificate of registration respect of that vessel upon payment of the prescribed fee by applicant. Section 104(7) In any judicial or administrative proceedings brought under this Act, the entry in respect of a vessel in the Register of Fishing Vessels, or any other register maintained by the Director-General under this section, shall be prima face evidence of the ownership of the vessel. Section 104(8) Where a fishing vessel is operated in contravention of subsection (1), the master, owner and charterer of the vessel each commit an offence and shall each be liable upon conviction to a fine not exceeding three hundred thousand shillings or imprisonment for a term not exceeding one year, or to both. Section 104(9) The requirements under this section are in addition to and not in derogation from any requirement for registration under any other law relating to vessels. - 105 Verify source ↗
LICENSING AND REGISTRATION - 105. Applications for licences, etc
An application for a licence, authorization or registration under this Act shall be made in the prescribed form, unless otherwise provided.
Section 105. Applications for licences, etc Section Unless otherwise provided, an application for a licence, authorization or registration under this Act shall be made in the prescribed form. - 106 Verify source ↗
LICENSING AND REGISTRATION - 106. Conditions for recreational fishing vessels.
Recreational fishing vessels must be registered, display their registration number as prescribed, be inspected on application, and, if fit and fees paid, receive identification markings and a certificate; contravention of these conditions is an offence punishable by a fine or imprisonment.
Section 106. Conditions for recreational fishing vessels. Section 106(1)(a) the vessel shall be duly registered in accordance with this Act, and the registration number shall be prominently displayed thereon in a manner and format prescribed by the Director-General. Section 106(1)(b) on receipt of an application for registration of a recreational fishing vessel, the Director-General, shall as soon as practicable, cause the vessel to which the application refers to be inspected, and if, upon such inspection, the vessel is found to be fit for fishing and meets the prescribed safety standards, the Director-General shall assign identification markings to the vessel and upon payment by the applicant of such registration fee as may be prescribed, issue to the owner of the vessel a certificate of registration; and Section 106(1)(c) such other requirements as may be prescribed or required by the Director-General. Section 106(2) A person who contravenes any condition prescribed under subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to a term of imprisonment not exceeding one year or to both. - 107 Verify source ↗
LICENSING AND REGISTRATION - 107. Requirements for transhipment
Operators must obtain prior authorization from the Director-General for transhipment or loading, applying at least seventy-two hours before transhipment and paying the required fee; operators must also submit a transhipment report within seventy-two hours and comply with marine-environment laws.
Section 107. Requirements for transhipment Section 107(1)(a) at the port of Mombasa or such other port in Kenya that may be designated by the Director-General; Section 107(1)(a)(i) at the port of Mombasa or such other port in Kenya that may be designated by the Director-General; Section 107(1)(a)(ii) at the time and date authorized for transhipment; and Section 107(1)(a)(iii) pursuant to a valid and applicable authorization issued pursuant to this Act and on such terms and conditions that may be required by the Cabinet Secretary; and Section 107(1)(b) notify the Director-General of such intention not less than seventy-two hours prior to the intended transhipment. Section 107(2)(a) the vessel's name, radio call sign and fishing licence number where applicable; Section 107(2)(b) full details of any catch on board the vessel; Section 107(2)(c) the intended place, date and time of the transhipment; Section 107(2)(d) the intended species and quantity of fish to be transhipped; and Section 107(2)(e) the intended date and arrival time in Mombasa in order that supervisory arrangements can be made. Section 107(3) Not less than seventy-two hours prior to transhipment, the operator shall apply to the Director-General for a transhipment or loading authorization as the case may be in accordance with the conditions and in such form as may be prescribed and prior to the issuance of such authorization shall pay the required fee. Section 107(4) The transhipment or loading authorization shall specify when and where transhipment or loading shall take place and shall be subject to such conditions as the Cabinet Secretary may endorse. Section 107(5)(a) not tranship at sea under any circumstances unless authorized by the Director-General; Section 107(5)(b) only tranship at the time and port or other place authorized by the Director-General for transhipment; Section 107(5)(c) cause the fish being loaded to be accurately weighed and recorded by species on board the vessel, and furnish the Director-General with daily copies of these records; and Section 107(5)(d) during the transhipment operation give every assistance to any authorized officer, inspector or other person designated by the Ministry in the performance of official duties, including verification of the species and weight of the fish and determining when the transhipment operation has been completed. Section 107(6) During transhipment in the Kenya fishery waters the operator of each fishing vessel shall comply with all applicable laws of Kenya relating to protection of the marine environment. Section 107(7) Upon completion of the transhipment operation, the operator of each fishing vessel shall submit to the Director-General within seventy-two hours of the transhipment or before departing the Kenya fishery waters, whichever is earlier, a full transhipment report on each transhipment completed in the Kenya fishery waters on such form as may be prescribed and such other form or information which may be prescribed or otherwise required by the Director-General. Section 107(8) A person who contravenes the provisions of this section commits an offence and shalt be liable on conviction to a fine not exceeding fifty million shillings or to a term of imprisonment not exceeding five years or to both - 108 Verify source ↗
LICENSING AND REGISTRATION - 108. Deployment and maintenance of a fish aggregating device
Deploying or maintaining a fish aggregating device in Kenyan fishery waters is prohibited for any person unless authorized in writing by the Director-General; the Director-General may set conditions and authorizations may be electronic; the master of a vessel placing a device must notify the Director-General within 24 hours; contravention of specified subsections is an offence punishable by a fine up to five hundred thousand shillings or up to one year imprisonment or both.
Section 108. Deployment and maintenance of a fish aggregating device Section 108(1) No person shall deploy or maintain a fish aggregating device in the Kenya fishery waters except with fish the authorization by the Director-General and in accordance with such conditions as the Director-General may specify or as are otherwise specified in this Act. Section 108(2)(a) the method of use of the fish aggregating device; Section 108(2)(b) its location; Section 108(2)(c) the times during which it may be used; and Section 108(2)(d) the markings or colourings to be adopted. Section 108(3) No fish aggregating device shall be placed in such a way as to hinder or block marine traffic or be a hazard to navigation at sea. Section 108(4) The authorization by the Director-General under this Act shall be in writing and may be in electronic form whether as a condition of licence or otherwise. Section 108(5) Unless otherwise provided under this Act or specified by the Director-General, authority to place a fish aggregating device shall not confer any exclusive right to fish in the vicinity of the device. Section 108(6) The master of any vessel placing a fish aggregating device shall notify the Director-General within twenty-four hours of such placement and of the nature and location of the device. Section 108(7) Any person who contravenes subsection (1), (3) or (6) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding one year or to both. - 109 Verify source ↗
LICENSING AND REGISTRATION - 109. Designated fish aggregating device
The Director-General may designate fish aggregating devices; generally no person may fish within one nautical mile of a designated device except with the Director-General's permission and conditions; the Cabinet Secretary may allow Kenyan nationals to fish within a specified radius by public notice; contravening subsection (2) is an offence with penalties including a fine up to five hundred thousand shillings or imprisonment up to one year or both.
Section 109. Designated fish aggregating device Section 109(1) The Director-General may, by notice published in the Gazette , declare any fish aggregating device to be a designated fish aggregating device for the purposes of this Act. Section 109(2) Subject to subsection (3), no person shall fish within a radius of one nautical mile from a designated fish aggregating device except with the permission of the Director-General and in accordance with such conditions as he/she may specify. Section 109(3) The Cabinet Secretary may, by Public Notice, declare that any class of persons who are Kenya nationals may fish within a specified radius of a designated fish aggregating device or a class of designated fish aggregating devices. Section 109(4) Any person who contravenes subsection (2) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding one year or to both. - 110 Verify source ↗
LICENSING AND REGISTRATION - 110. Markings, equipment for fish aggregating devices
Fishing devices must be marked with owner and vessel name and be equipped with a radar reflector and lights visible at night from one nautical mile; a person who contravenes subsection (1) commits an offence liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment not exceeding one year or to both.
Section 110. Markings, equipment for fish aggregating devices Section 110(1)(a) is clearly marked with the name of the owner and of the vessel from which such device was placed; and Section 110(1)(b) is equipped with a radar reflector and such lights as are clearly visible at night from a distance of one nautical mile, Section 110(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to a term of imprisonment not exceeding one year or to both. - 111 Verify source ↗
LICENSING AND REGISTRATION - 111. Disposal of unauthorized fish aggregating devices
No person must use or dispose of a fish aggregating device except in accordance with the Act or as required by the Cabinet Secretary; contravention is an offence punishable by up to a ten million shilling fine or up to one year imprisonment, or both.
Section 111. Disposal of unauthorized fish aggregating devices Section 111(1) No person shall use or dispose of a fish aggregating device in a manner other than in accordance with this Act or as may be required by the Cabinet Secretary. Section 111(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to a term of imprisonment not exceeding one year or to both. - 112 Verify source ↗
LICENSING AND REGISTRATION - 112. Conditions for fish processing licence
Section 112 sets conditions for fish processing licences, requires compliance with health, hygiene and environmental laws and food safety laws, requires notification of changes to application information within three working days, requires licences to be posted and produced for inspection, and makes contravention an offence punishable by a fine up to five hundred thousand shillings or imprisonment up to five years or both.
Section 112. Conditions for fish processing licence Section 112(1)(a) the fish processed shall not exceed the total amount permitted for that operation, including such limits on species and quantity as the respective county executive committee member responsible for fisheries may, in consultation with Director-General may set; Section 112(1)(b) all relevant health, hygiene and environmental laws and standards of Kenya are complied with; and Section 112(1)(b)(i) all relevant health, hygiene and environmental laws and standards of Kenya are complied with; and Section 112(1)(b)(ii) no fish is accepted for processing which has been caught in illegal, unreported or unregulated fishing operations. Section 112(1)(c) any change in the information submitted in the application form shall be notified to the respective county executive committee member responsible for fisheries as soon as practicable and in any case not later than three working days from the date of change; and Section 112(1)(d) each licensee shall comply with the requirements of applicable laws in Kenya relating to food safety. Section 112(2) Each licence to engage in fish processing operations shall be posted in a conspicuous location and produced for inspection at the request of an officer or inspector authorized to carry out an inspection by the county executive committee member responsible for fisheries. Section 112(3) Any person who contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding five years or to both. - 113 Verify source ↗
LICENSING AND REGISTRATION - 113. Period of validity, renewal, additional conditions and suspension of fish processing licence
Fish processing licences last no more than one year, are renewed annually, may be denied renewal for specific grounds including convictions or non-compliance, fees/conditions can be changed during validity, and licences may be suspended or terminated for unrectified non-compliance or unpaid fines.
Section 113. Period of validity, renewal, additional conditions and suspension of fish processing licence Section 113(1) The period of validity of each fish processing licence shall not exceed one year, and shall be subject to renewal on an annual basis. Section 113(2) A fish processing licence may not be renewed where grounds for denial of a licence described in section 93 exist or where the licensee has not complied with any applicable requirement under the laws of Kenya, and shall not be renewed where the applicant has been convicted of any offence under this Act or any other law relevant to the operation of a fish processing operation and the requirements of the judgment have been fully met. Section 113(3) Additional fees, terms and conditions may be amended or added during the period of validity. Section 113(4) Notwithstanding any other provision of this Act, a fish processing licence may be suspended or terminated where there has been non-compliance with this Act, the conditions of the licence or any other law of Kenya and the cause of such non-compliance has not been rectified and any fine, penalty, damages or determination made under the law have not been duly paid. - 114 Verify source ↗
LICENSING AND REGISTRATION - 114. Inspectors to request information and keep records
Inspectors must request and keep records about fish processing operations; persons must promptly provide requested information; inspectors must provide inspection certificates; contravening this section is an offence punishable by a fine up to 100000 shillings or up to three years imprisonment or both.
Section 114. Inspectors to request information and keep records Section 114(1) An inspector appointed under this Act shall request such information and keep such records in relation to fish processing operations as may be authorized under this Act or required by the Director-General or the county executive committee member responsible for fisheries, as the case may be. Section 114(2)(a) name of the seller; Section 114(2)(b) name of the County; Section 114(2)(c) name of the village the seller is from; Section 114(2)(d) species of fish being sold; Section 114(2)(e) number of fish being sold; Section 114(2)(f) type of product being sold; Section 114(2)(g) destination of the shipment; Section 114(2)(h) name of the buyer; Section 114(2)(i) date of sale; Section 114(2)(j) date of shipment; Section 114(2)(k) total weight of species being sold; Section 114(2)(l) price per kilogram; Section 114(2)(m) price of shipment; Section 114(2)(n) means of transportation; Section 114(2)(o) name of ship or plane; Section 114(2)(p) number of flight or voyage; and Section 114(2)(q) customs requirements. Section 114(3) Any person to whom a request for information is made by an inspector shall promptly furnish such information. Section 114(4) Each inspector shall, after inspection of a fish processing establishment, promptly provide the Director-General or the county executive committee member responsible for fisheries, as the case may be with a certificate of inspection. Section 114(5) A person who contravenes this section commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to a term of imprisonment not exceeding three years or to both. - 115 Verify source ↗
LICENSING AND REGISTRATION - 115. Returns
The Director-General may request data returns under subsection (1); any person so requested must promptly provide the information, and contravening subsection (2) is an offence punishable by a fine not exceeding one hundred thousand shillings or imprisonment not exceeding three years or both.
Section 115. Returns Section 115(1)(a) quantity of fish bought or sold; Section 115(1)(b) name of the buyer or seller; and Section 115(1)(c) origin of species sold or bought. Section 115(2) Any person to whom a request for data returns is made by the Director-General pursuant to subsection (1) shall promptly furnish such information. Section 115(3) A person who contravenes subsection (2) commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to a term of imprisonment not exceeding three years or to both. - 116 Verify source ↗
LICENSING AND REGISTRATION - 116. Establishment and operation of aquaculture
No person may establish or operate a commercial aquaculture establishment unless they hold an aquaculture licence granted by the Director-General under section 122; contraventions and certain unauthorised harvesting are offences with fines and/or imprisonment.
Section 116. Establishment and operation of aquaculture Section 116(1) No person shall establish or operate a commercial aquaculture establishment otherwise than under the authority of, and in accordance with the conditions of, an aquaculture licence granted by the Director-General under section 122. Section 116(2)(a) establishes or operates an aquaculture establishment in contravention of subsection (1); or Section 116(2)(b) harvests the products of such an establishment without the authority of the owner thereof commits an offence and shall be liable, for a first offence, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months, or to both, and for a second or subsequent offence, to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding one year, or to both. Section 116(3) This section shall apply to such aquaculture establishments as the Director-General may by notice in the Gazette , prescribe. - 117 Verify source ↗
LICENSING AND REGISTRATION - 117. Registration of Aquaculture Establishment, notice of transfer
Buyers or transferees of an aquaculture establishment must give notice of the sale or transfer to the Director-General within fourteen days after the sale or transfer.
Section 117. Registration of Aquaculture Establishment, notice of transfer Section 117(1)(a) a full description of the establishment; Section 117(1)(b) the name of the operator; and Section 117(1)(c) such other particulars as the Director-General may require. Section 117(2) A person who is a buyer or transferee of an aquaculture establishment shall, within fourteen days after the sale or transfer, give notice of the sale or transfer to the Director-General. - 118 Verify source ↗
LICENSING AND REGISTRATION - 118. Aquaculture permits
An application for an aquaculture permit must be made to the Director-General in the prescribed form; the Director-General may approve the application subject to an environment impact assessment licence where applicable; the permit confers on the holder exclusive rights to harvest within the area specified.
Section 118. Aquaculture permits Section 118(1) An application for an aquaculture permit shall be made to the Director-General in the prescribed form. Section 118(2)(a) confer on the holder exclusive rights to harvest the products of the aquaculture establishment within the area specified in the permit; Section 118(2)(b) the siting, design and materials used in the construction of the aquaculture establishment; Section 118(2)(b)(i) the siting, design and materials used in the construction of the aquaculture establishment; Section 118(2)(b)(ii) sanitary conditions for fish and fish products; Section 118(2)(b)(iii) measures for the prevention of the escape of fish farmed for aquaculture; Section 118(2)(b)(iv) measures for the prevention of fish diseases; Section 118(2)(b)(v) the marketing of the fish and fish products of the aquaculture establishment; and Section 118(2)(b)(vi) measures to be taken to minimize the escape of waste products and the pollution of land and water. Section 118(3) An aquaculture permit shall not be transferred without the prior written consent of the Director-General. Section 118(4) The Director-General may approve the application subject to the applicant being granted, where applicable, an environment impact assessment licence under the Environmental Management and Co-ordination Act (Cap. 387). - 119 Verify source ↗
LICENSING AND REGISTRATION - 119. Application for an aquaculture licence
Sets application, documentation, notice, environmental assessment, change-notification and penalty rules for aquaculture licence applications to the Director-General.
Section 119. Application for an aquaculture licence Section 119(1) An application for an aquaculture licence shall be made to the Director- General in such form as may be prescribed or required by the Director-General and be accompanied by such documents and information as the Director-General may require, including proof that the applicant is legally entitled to use the land or other area designated as the proposed site. Section 119(2) After receipt of an application pursuant to subsection (1), the Director-General shall ensure that any relevant environmental standards for the proposed aquaculture project are being met, including requirements for siting, emissions and other relevant matters under the Environmental Management and Coordination Act (Cap. 387) and may, in consultation with the relevant County, determine whether the applicant is required to submit an environmental assessment of the proposed aquaculture project. Section 119(3) If the applicant is required to undertake an environmental impact assessment under the Environmental Management and Co-ordination Act (Cap. 387) the application shall be accompanied by a copy of any environmental impact assessment report and the recommendations of any body responsible for reviewing the environmental impact assessment report. Section 119(4) The applicant shall give notice of the application, in such manner as may be prescribed and at the applicant expense, to such person or persons, including the public in general, as the Director-General may determine, and such notice shall invite all those to whom it is addressed to submit in writing to the Director-General, within thirty days from the date of the notice, any objections to or representations in connection with the application. Section 119(5) If, before a licence is issued, there is any change in the particulars submitted under subsection (1) or, where an environmental assessment is required, any change in the information on which the environmental assessment is based, the applicant shall immediately communicate such change or changes in writing to the Director-General. Section 119(6) A person who contravenes subsection (1), (4) or (5) commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand only or to a term of imprisonment not exceeding one year or to both. - 120 Verify source ↗
LICENSING AND REGISTRATION - 120. Standards for approval of aquaculture licence
Section 120 lists criteria for approving an aquaculture licence: applicants must demonstrate technical and financial ability; state the species and aquaculture method proposed; and the Director-General may consider any other relevant matters. If multiple applicants apply for the same site, the Director-General (consulting the relevant County) shall give preference to the applicant judged best overall based on the application information.
Section 120. Standards for approval of aquaculture licence Section 120(1)(a) the technical and financial ability of the applicant to exercise the rights sought in the application in a satisfactory manner; Section 120(1)(b) the species of fish that the applicant proposes to farm and the method of aquaculture that the applicant proposes to employ; and Section 120(1)(c) any other matters applicable to the licence that, in the opinion of the Director-General, are relevant. Section 120(2) Where more than one person applies for a licence covering all or part of the same site, preference in relation to that site shall be given to the applicant who, in the opinion of the Director-General in consultation with the relevant County, is the best overall applicant based on the information contained in the applications. - 121 Verify source ↗
LICENSING AND REGISTRATION - 121. Inspection of proposed site
The Director-General may require an authorised officer to inspect a site proposed by a licence applicant to determine suitability, and may require the applicant to pay a prescribed fee for that inspection.
Section 121. Inspection of proposed site Section 121(1) The Director-General may require an authorized officer to inspect any site proposed by a licence applicant for the establishment of an aquaculture establishment to determine the suitability or otherwise of such site for use as an aquaculture establishment. Section 121(2) The Director-General may require an applicant to pay such fee for the inspection carried out pursuant to subsection (1) as may be prescribed. - 122 Verify source ↗
LICENSING AND REGISTRATION - 122. Conditions for aquaculture licences
Sets conditions for aquaculture licences, including licence validity, a range of operational and environmental conditions, record-keeping, compliance with other legislation, automatic termination if development is not completed in the specified time, liability for damage caused by the licence holder, and offences and penalties for contraventions.
Section 122. Conditions for aquaculture licences Section 122(1) The period of validity of each commercial aquaculture licence shall not exceed ten years, and shall be subject to renewal on an annual basis. Section 122(2)(a) the siting, design, equipment and materials to be used in the construction of the aquaculture establishment; Section 122(2)(b) the control of species of aquatic life that may be introduced into such facility; Section 122(2)(c) the promotion of sanitary conditions in the handling of fish and in the preparation and processing of fisheries and aquaculture products; Section 122(2)(d) preventing the escape of fish from an aquaculture establishment; Section 122(2)(e) preventing and controlling the spread of diseases to fish; Section 122(2)(f) marketing of fish and fisheries products of an aquaculture establishment; Section 122(2)(g) the disposal of dead fish or waste from an aquaculture establishment operated by the licensee including relevant consents and notifications required; Section 122(2)(h) the control and monitoring of water quality in the aquaculture area; Section 122(2)(i) the use of any chemicals or pharmaceuticals, drugs, antibiotics or other chemicals; Section 122(2)(j) pollution in the proposed area of operation; Section 122(2)(k) employment of a reasonable number of Kenya citizens; Section 122(2)(l) the composition of the feed which may be used; Section 122(2)(m) the types of manures or fertilizers which may be used; Section 122(2)(n) the use of hormones for controlling reproduction or promoting growth; Section 122(2)(o) the disposal of dead or diseased aquaculture products, material or waste resulting from aquaculture; Section 122(2)(p) the keeping of records; Section 122(2)(q) compliance with conditions under other relevant legislation in Kenya; and Section 122(2)(r) such other conditions as may be required or prescribed. Section 122(3)(a) such licence for aquaculture automatically terminate if the facility is not developed within the period of time specified on the licence. Section 122(3)(b) the cost of any destruction or damage during the licensing period that is caused by the negligence or malpractice of the licence holder, including the endemic spread of diseases, shall be borne by the licence holder. Section 122(4) A person who contravenes any condition issued under subsection (1) or (2) commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand or to a term of imprisonment not exceeding three years or to both. - 123 Verify source ↗
LICENSING AND REGISTRATION - 123. Exclusive rights
An aquaculture licence gives the licence holder the exclusive right to harvest products from the relevant aquaculture establishment within the area specified in the licence.
Section 123. Exclusive rights Section An aquaculture licence shall confer on the holder exclusive rights to harvest the products of the relevant aquaculture establishment within the area specified in the licence. - 84 Verify source ↗
LICENSING AND REGISTRATION - 84. Licences and authorizations required
Section 84 lists activities for which licences or authorizations are required, and requires the Cabinet Secretary to prescribe standards for vessel registration and for county governments to grant, renew and revoke licences under subsection (2).
Section 84. Licences and authorizations required Section 84(1)(a) using an industrial fishing vessel for fishing or fishing related activities in the Kenya fishery waters; Section 84(1)(b) using a semi-industrial fishing vessel for fishing or related activities in the Kenya fishery waters; Section 84(1)(c) using an artisanal fishing vessel for commercial purposes; Section 84(1)(d) commercial aquaculture; and Section 84(1)(e) such other activity or activities within the scope of this Act for which a licence or authorization may be required by the management measures in an applicable Fisheries Management Plan adopted in accordance with the requirements in this Act, or as may be prescribed from time to time. Section 84(2)(a) using any vessel for recreational fishing in the Kenya fishery waters; and Section 84(2)(b) operating a fish processing establishment within the respective county. Section 84(3) The Cabinet Secretary shall prescribe the standards for the registration of vessels and grant, renewal and revocation of licences by a county government under subsection (2). Section 84(4)(a) criteria for the registration of a vessel and issuance of a licence to an applicant for a licence under subsection (2); Section 84(4)(b) information required to be submitted by an applicant for registration or issuance of a licence; Section 84(4)(c) process of determination of an application; Section 84(4)(d) conditions for the issuance or renewal of a licence under this Act; Section 84(4)(e) grounds for the rejection of an application or cancellation of a licence issued under this Act; Section 84(4)(f) process of application for the renewal of licences, de-registration of a vessel and revocation of a licence issued to an applicant by the county government; and Section 84(4)(g) appointment of inspectors or such other authorised officers to carry out such inspections as the county executive committee member responsible for fisheries may consider necessary for the implementation of this Act. Section 84(5)(a) using a Kenyan fishing vessel in areas outside the Kenyan fishery waters; Section 84(5)(b) each transhipment, including the transfer of fish from a fishing vessel to a carrier vessel or a shore based facility for the purpose of export; Section 84(5)(c) using any vessel for marine scientific research or test fishing; Section 84(5)(d) using any foreign fishing vessel to enter a port in Kenya; and Section 84(5)(e) deployment and maintenance of any fish aggregating device in the Kenya fishery waters. - 85 Verify source ↗
LICENSING AND REGISTRATION - 85. Subsistence exemption from licence requirements
People who fish only for non-commercial subsistence consumption are exempt from needing a licence but must apply to the county government for registration; the Cabinet Secretary can set quantities for 'own consumption' by Gazette order; subsection (1) does not apply to persons employed by a licensee or to a company that is a licensee for acts done as such.
Section 85. Subsistence exemption from licence requirements Section 85(1) Any person fishing only for purposes of non-commercial subsistence, intended to result in consumption of the fish caught, shall be exempt from the requirement for a licence but shall require to apply to the respective county government for registration. Section 85(2) The Cabinet Secretary may by order published in the Gazette determine the quantity of fish which may be deemed to be fish for own consumption under subsection (1), and different quantities may be determined for different areas of Kenya. Section 85(3) Subsection (1) shall not apply to a person employed by a licensee, or, subject to section 23 of the Penal Code (Cap. 63), to a company which is a licensee, in respect of any act done by the person or company as such licensee. - 86 Verify source ↗
LICENSING AND REGISTRATION - 86. Grant, renewal and issuance of licences and authorizations
The Board may approve licence grants or renewals on the Director-General's recommendation after pre-licensing requirements are met and licences must be issued or renewed upon the Cabinet Secretary's written endorsement; the Director-General must follow required procedures, promptly issue licences once conditions are met and endorsement obtained, and must give written reasons and promptly transmit them to the applicant if declining.
Section 86. Grant, renewal and issuance of licences and authorizations Section 86(1) The Board, on the recommendation of the Director-General may approve the grant or renewal of licences or authorizations for any purpose specified in section 87 after all inspections, verifications and other pre-licensing requirements under this Act have been discharged and each licence or authorization shall be issued or renewed upon the written endorsement of the Cabinet Secretary. Section 86(2) A licence or authorization shall not have legal force or effect unless it has been approved and endorsed as required in subsection (1). Section 86(3) The Director-General shall, in approving or renewing a licence under subsection (1), act in accordance with the procedures required pursuant to this Act and such other transparent and accountable standards as may be determined and published. Section 86(4) The Director-General shall promptly issue such licences or authorizations when all required conditions under this Act have been met and the Cabinet Secretary has endorsed such licence or authorization. Section 86(5) Where the Director-General declines to approve, issue or renew a licence or authorization, the Director-General shall state in writing reasons for the decision, and promptly transmit them to the applicant. - 87 Verify source ↗
LICENSING AND REGISTRATION - 87. Standards for approval, renewal and issuance of licences and authorizations
Director-General must take into account the ability of a vessel's flag State to ensure its vessels comply with Kenya's laws when approving or renewing licences for non-Kenya fishing vessels and when setting related performance bonds.
Section 87. Standards for approval, renewal and issuance of licences and authorizations Section 87(1)(a) the ability to comply with, or has complied with this Act, relevant laws of Kenya and any applicable licensing terms and conditions or Fisheries Management Plan and such other standards as may be required in writing by the Director-General; Section 87(1)(b) complied, and has the ability to further comply with other applicable regional and international obligations of Kenya; Section 87(1)(c) complied with all applicable vessel registration requirements; Section 87(1)(d) complied with all applicable requirements for pre—licensing inspections and related procedures, including as appropriate the full payment of costs for inspections; Section 87(1)(e) provided all required data and information; Section 87(1)(f) in the case of an operator or person, complied with applicable laws of other States and international conservation and management measures; Section 87(1)(g) where the applicant has been convicted of any offence under this Act or any other law relevant to the activity for which application was made, the requirements of the judgment have been fully met; and Section 87(1)(h) complied with other relevant laws of Kenya including any applicable requirements of the Merchant Shipping Act (Cap. 389). Section 87(2) In approving or renewing licences and authorizations in respect of any fishing vessel other than a Kenya fishing vessel pursuant to this Act, and in setting the level of any performance bond required pursuant to section 134 , the Director-General shall take into account the ability of the relevant flag State to ensure compliance by its fishing vessels with the laws of Kenya. Section 87(3) An industrial or semi-industrial fishing licence shall not be issued or have legal force or effect unless the relevant vessel submits to inspection at the port of Mombasa or such other port as may be required by the Director-General, at the expense of such vessel, and it is established in writing by an inspector, or in the case of a port outside Kenya a person duly authorized by the relevant government agency to carry out the duties of an inspector, that all required licence conditions have been met, including that all gear on board is authorized pursuant to the licence. Section 87(4) A fish processing licence shall not be issued or have legal force or effect unless the county executive committee member responsible for fisheries in the respective county in consultation with the Director-General is satisfied that the fish processing establishment or any other operation complies with all such safety and sanitary standards as this Act, other laws of Kenya and conditions as the Cabinet Secretary by notice in the Gazette may require. - 88 Verify source ↗
LICENSING AND REGISTRATION - 88. Denial of licences and authorizations
Lists specific grounds on which licences and authorizations may be denied for vessels and aquaculture activities.
Section 88. Denial of licences and authorizations Section 88(1)(a) a relevant vessel is not intended for use as a fishing vessel; Section 88(1)(b) a relevant vessel does not hold a valid and applicable registration, or holds more than one registration; Section 88(1)(c) a relevant vessel is not a Kenya vessel and does not have a valid and applicable authorization or licence from its flag State to fish in areas beyond national jurisdiction, including in Kenya fishery waters; Section 88(1)(d) the issuance of a licence would be contrary to any applicable fisheries management plan or an aquaculture development plan; Section 88(1)(e) the applicant for a commercial aquaculture licence has not undertaken an environmental impact assessment as required in respect of an aquaculture licence, or that such an assessment concludes that a licence should not be approved, endorsed, issued or renewed; Section 88(1)(f) the species of fish that the applicant for a commercial aquaculture licence proposes to farm, the method of aquaculture that the applicant proposes to employ or the proposed site for aquaculture do not meet standards or requirements that may be prescribed or publicly notified for aquaculture; Section 88(1)(g) within the previous six years, the applicant, or a vessel or person closely connected with the applicant in respect of activities falling within the scope of this Act, has been convicted of a serious offence pursuant to this Act or any international agreement and has not complied with a judgment or administrative determination unless, in respect of a vessel there has been a change of ownership of the vessel and there is no connection between the former owner(s) and the new owner(s), and the new owner(s) do not have a history of engaging in illegal, unreported or unregulated fishing; Section 88(1)(h) not submitted to judicial or administrative procedures; or, Section 88(1)(h)(i) not submitted to judicial or administrative procedures; or, Section 88(1)(h)(ii) has submitted to judicial or administrative procedures but has not fully complied with the final decision or determination; Section 88(1)(i) the issuance of the licence or authorization would be inconsistent with an international agreement to which Kenya is party; Section 88(1)(j) the operator of the fishing vessel has not provided a performance bond if so required pursuant to section 134 ; Section 88(1)(k) the activity is likely to threaten the sustainability of a fishery resource; Section 88(1)(l) in the case of a foreign fishing vessel, an agent has not been appointed; or Section 88(1)(m) the vessel in respect of which the licence is sought has been included on a list of illegal, unreported and unregulated fishing vessels established and maintained by a competent regional fishery body in accordance with its rules and procedures. Section 88(2)(a) the foreign State suspended such licence or authorization because of illegal, unreported or unregulated fishing activities by the vessel, and the suspension has not expired; or Section 88(2)(b) the foreign State within the last three years preceding the application for a licence under this Act withdrew such licence or authorization for illegal, unreported or unregulated fishing activities. Section 88(3) The restriction in subsection (2) does not apply if the ownership of the vessel has changed since the vessel undermined international conservation and management measures, and the new owner has provided sufficient evidence to the Director-General demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in the vessel. Section 88(4) For the purpose of subsection (1) (e) the term ‘associated' shall include situations where the same legal or beneficial owner, or agent is shared. - 89 Verify source ↗
LICENSING AND REGISTRATION - 89. Application for the grant or renewal of licences or authorizations
Describes application requirements; Director-General may return, decline, suspend or cancel licences; applicants may submit revised applications.
Section 89. Application for the grant or renewal of licences or authorizations Section 89(1)(a) contain such information as may be required in this Act or in writing by the Director-General or as may be prescribed; Section 89(1)(b) be in such form as may be prescribed or such other form as may be approved by the Director-General; Section 89(1)(c) in the case of industrial fishing vessels, be accompanied by an International Tonnage Certificate showing the gross tonnage issued under the International Tonnage Rules; Section 89(1)(d) fishing gear to be used; Section 89(1)(d)(i) fishing gear to be used; Section 89(1)(d)(ii) species to be targeted for fishing, and expected quantity; Section 89(1)(d)(iii) species that will constitute bycatch and expected quantity; and Section 89(1)(d)(iv) area in which fishing or fishing will take place; and Section 89(1)(e) be made in accordance with such procedures and other requirements as may be approved by the Director General. Section 89(2) A non-refundable application fee as may be prescribed shall be payable and shall accompany every application for a licence or authorization required pursuant to this Act or the renewal of such licence or authorization. Section 89(3)(a) the Director-General considers that an application has been made for an inappropriate class of licence; Section 89(3)(b) there is insufficient evidence or information accompanying the application upon which to make a recommendation regarding the application; Section 89(3)(c) the information accompanying the application appears to be false, misleading or inaccurate; or Section 89(3)(d) upon such other grounds as may be approved by the Board, the Director-General shall return the application to the applicant with details of her/his reasons for returning the application, and the applicant may submit a revised application with such additional evidence or information as may be appropriate. Section 89(4) If the information on an application is found to be false, misleading or inaccurate the Director-General may decline to grant the licence or authorization, or if such information is discovered to be false, misleading or inaccurate after the grant of the licence or authorization, the Director-General may suspend or cancel the licence or authorization. - 90 Verify source ↗
LICENSING AND REGISTRATION - 90. Terms and conditions of licences and authorizations
Holders of licences or authorizations must carry or display licences (or certified copies) as required; masters must produce licences on request; the Director-General may temporarily authorise carrying a true copy when the original cannot reasonably be placed on board; contravening subsections (3), (4) or (5) is an offence punishable by a fine not exceeding three hundred and fifty or imprisonment not exceeding three years or both.
Section 90. Terms and conditions of licences and authorizations Section 90(1)(a) shall be subject to the terms and conditions, requirements and endorsements as are provided in this Act or as may be otherwise prescribed or required by the Director-General by Public Notice from time to time; Section 90(1)(b) subject to subsection (2), shall enter into force on the date specified in it; and Section 90(1)(c) unless sooner revoked or suspended in accordance with this Act, remains in force until the date on which it expires in accordance with the period approved by the Director-General from time to time for the class of licence or authorization to which it belongs. Section 90(2)(a) the approved fee and other required charges have been paid at the required time; and Section 90(2)(b) a performance bond has been issued as required pursuant to section 134 and notified to the Director-General; and Section 90(2)(b)(i) a performance bond has been issued as required pursuant to section 134 and notified to the Director-General; and Section 90(2)(b)(ii) any access fee or other charges or levies payable under any relevant access agreement or arrangement, right or licence have been paid. Section 90(3)(a) comply with this Act, the laws of Kenya, any applicable access agreement, fisheries management plan, and international conservation and management measures; Section 90(3)(b) comply with all relevant provisions of national law relating to navigational standards and the safety of vessels at sea; standards relating to work conditions on board fishing vessels; and Section 90(3)(c) not engage in fishing or fishing related activities, operate a fish processing establishment or engage in commercial aquaculture except as stated in the licence or authorization. Section 90(4) The holder of a licence or authorization in respect of a fishing vessel shall ensure that the licence or authorization, or a certified copy thereof is carried on board any relevant vessel at all times during the period of validity and the master shall upon request, produce it to an authorized officer or inspector or other person authorized under this Act to inspect it, provided that the Director-General may authorise a true copy of a licence to be temporarily carried in circumstances where it has not been reasonably practical for the original to be placed on board a vessel. Section 90(5) The holder of a licence or authorization issued pursuant to this Act, other than for a fishing vessel, shall display the licence or authorization or a certified copy thereof in the registered business office, and produce it upon request to an authorized officer or inspector or other person authorized under this Act to inspect it. Section 90(6) A person who contravenes subsection (3), (4) or (5) commits an offence and shall be liable on conviction to a fine not exceeding three hundred and fifty or to a term of imprisonment not exceeding three years or to both. - 91 Verify source ↗
LICENSING AND REGISTRATION - 91. Preference for employment of citizens of Kenya
Foreign applicants for licences or authorizations must, as far as possible and in a manner approved by the Director-General in consultation with the Cabinet Secretary, contribute to training and employment of Kenyan citizens; contravening subsection (2) or failing to meet Director-General requirements under subsection (3) is an offence punishable by a fine up to three hundred thousand shillings.
Section 91. Preference for employment of citizens of Kenya Section 91(1) Where commercial employment is foreseen in relation to the activity for which the licence or authorization is sought, it shall be a condition of the licence or authorization is sought, it shall be a condition of the licence or authorization that citizens of Kenya possessing the necessary qualifications and experience shall be given preference for employment, and such employment shall be in accordance with the Employment Act (Cap. 226). Section 91(2)(a) import unskilled labour; or Section 91(2)(b) in any case use child labour, Section 91(3) Where the applicant for a licence or authorization is partly or wholly a foreign citizen or company, or where an applicable fisheries access agreement, arrangement, right, licence or authorization has been entered into pursuant to section 89 and 90 , such applicant shall be required, to the extent possible and in such manner as the Director-General may in consultation with the Cabinet Secretary approve, to contribute to the training and employment of Kenya citizens taking into account the requirements of safety and the need to maintain acceptable standards of efficiency in the conduct of the operations. Section 91(4) A person who contravenes subsection (2) or who does not fulfil requirements made by the Director-General under subsection (3) commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings. - 92 Verify source ↗
LICENSING AND REGISTRATION - 92. Period of validity of licences and authorizations
A licence or authorization issued under this Act is valid for a maximum period of one year and may be renewable, subject to fisheries management decisions and the licence terms and conditions.
Section 92. Period of validity of licences and authorizations Section A licence or authorization issued pursuant to this Act shall, unless otherwise provided, be valid for a maximum period of one year and may be renewable, subject to any fisheries management decision taken in accordance with this Act and the terms and conditions set out in the licence or authorization. - 93 Verify source ↗
LICENSING AND REGISTRATION - 93. Fees, charges or levies
Section 93 permits the Director-General to charge certain licence-related fees and requires deposit and use of observer-related fee components into the Fund for the observer programme.
Section 93. Fees, charges or levies Section 93(1)(a) such licence fee prescribed for that class of licence as may be prescribed; and Section 93(1)(b) such other fees, charges or levies as are set out in this Act, or as may be prescribed or required by the Director General by public notice. Section 93(2) The Director-General may, as a component of the licence or authorization fee for any fishing vessels, charge for the costs relating to observers described in section 148 (b) of this Act, and shall deposit such component into a designated account in the Fund established in section 27 and use such component solely for the purposes of the observer programme set out in section 147 and to pay the observer costs identified in section 152 . Section 93(3) The Director-General may charge licence holders for the costs of services, including inspection services, in accordance with such policy and at such levels as the Cabinet Secretary may establish by Public Notice. Section 93(4) Unless otherwise prescribed or required, the amounts payable pursuant to subsections (1), (2) and (3) shall be paid as a condition of the issuance of a licence and no licence shall be issued unless they have been paid in full. - 94 Verify source ↗
LICENSING AND REGISTRATION - 94. Suspension or cancellation of licence or authorization
Section 94. Suspension or cancellation of licence or authorization Section 94(1)(a) any applicable law or international agreement providing for such suspension or cancellation; Section 94(1)(a)(i) any applicable law or international
Section 94. Suspension or cancellation of licence or authorization Section 94(1)(a) any applicable law or international agreement providing for such suspension or cancellation; Section 94(1)(a)(i) any applicable law or international agreement providing for such suspension or cancellation; Section 94(1)(a)(ii) the relevant person or persons involved in such contravention has or have not submitted to the legal or administrative process, or complied with the requirements of an applicable fine, penalty or other determination; or Section 94(1)(a)(iii) the Director-General, having regard to the nature and seriousness of the contravention, considers it appropriate to suspend or cancel the licence or authorization; Section 94(1)(b) registration of a company or a vessel; Section 94(1)(b)(i) registration of a company or a vessel; Section 94(1)(b)(ii) ownership or beneficial ownership or control of a company or vessel since the time of licence approval; or Section 94(1)(b)(iii) characteristics, identification markings, or gear of any licensed industrial fishing vessel; Section 94(1)(c) the licence or authorization holder has furnished information which is untrue, incomplete or misleading in connection with the licence application; Section 94(1)(d) where a licence or authorization may be transferred, this has been done without the written approval of the Director-General and endorsement by the Cabinet Secretary; Section 94(1)(e) any fees, charges or levies required to be paid after the issuance of the licence or authorization have not been paid as required; Section 94(1)(f) it is necessary to do so to implement conservation and management measures under this Act, in accordance with its objective and principles; Section 94(1)(g) in the case of a commercial aquaculture licence, the licence holder fails to establish the aquaculture operation within the time specified by the Director-General; or Section 94(1)(h) such other reasons as may be prescribed or provided in relevant laws of Kenya. Section 94(2)(a) this Act, a fisheries management plan, aquaculture development plan or any international agreement so requires; and Section 94(2)(b) such suspension or cancellation is endorsed by the Cabinet Secretary. Section 94(3) Where a licence or authorization has been suspended or cancelled in accordance with subsection (2), the Director-General shall notify the applicant of the reasons. Section 94(4) There shall be no refund of fees paid in respect of a licence or authorization suspended or cancelled under this Act. Section 94(5) No person shall engage in any activity for which the relevant licence or authorization was issued after a notice of suspension or cancellation given pursuant to subsection (3) has been received by the holder. Section 94(6) A person who contravenes subsection (5) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding five years or to both. - 95 Verify source ↗
LICENSING AND REGISTRATION - 95. Termination of licences and authorizations
Licences and authorizations terminate automatically in specified circumstances; no refund is payable for terminated licences; no person may engage in activities under a licence after it has terminated; contravening that prohibition is an offence punishable by a fine up to one million shillings or imprisonment up to five years or both.
Section 95. Termination of licences and authorizations Section 95(1)(a) upon the expiration of the period for which it was valid; Section 95(1)(b) where a vessel changes the country of registration, becomes registered in more than one country or is de-registered; or Section 95(1)(c) where the master, owner or charterer of the fishing vessel to which the licence or authorization relates is convicted of an offence under this Act and a decision to terminate the licence or authorization has been taken by the relevant judicial or administrative proceedings. Section 95(2) There shall be no refund for a licence or authorization terminated pursuant to this Act. Section 95(3) No person shall engage in any activity for which the relevant licence or authorization was issued after it has automatically terminated in accordance with conditions specified under subsection (1)(a), (b) or (c). Section 95(4) A person who contravenes subsection (3) commits an offence and shall be liable on conviction to a fine to a fine not exceeding one million shillings or to a term of imprisonment not exceeding five years or to both. - 96 Verify source ↗
LICENSING AND REGISTRATION - 96. Transfer of licences and authorizations
A licence issued to an industrial fishing vessel may be transferred to another industrial fishing vessel with the same characteristics and under the same agency only with written authorization by the Director-General and endorsement by the Cabinet Secretary.
Section 96. Transfer of licences and authorizations Section 96(1)(a) issued to a specific fishing vessel or activity; and Section 96(1)(b) personal to the holder of that licence. Section 96(2) Notwithstanding subsection (1), a licence issued to an industrial fishing vessel may be transferred to another industrial fishing vessel with the same characteristics and under the same agency with written authorization by the Director-General and endorsement by the Cabinet Secretary. - 97 Verify source ↗
LICENSING AND REGISTRATION - 97. Right of appeal
Provides a right of appeal.
Section 97. Right of appeal - 98 Verify source ↗
LICENSING AND REGISTRATION - 98. Conditions for fishing for industrial or semi-industrial fishing vessel
Lists conditions for industrial or semi‑industrial fishing vessels and operators, including marking, flag, registration, crew nationality, gear approvals, compliance with safety and inspection directions, and other conditions set by the Cabinet Secretary or prescribed.
Section 98. Conditions for fishing for industrial or semi-industrial fishing vessel Section 98(1)(a) the fishing vessel shall clearly display at all times such markings as may be prescribed and shall not change such markings without written permission from the Director-General; Section 98(1)(b) the fishing vessel shall at all times fly the flag of the State of which it is national; Section 98(1)(c) the operator shall hold a valid registration in respect of the fishing vessel as may be required by the flag State or entity for that type of vessel and issued by such flag State or entity; Section 98(1)(d) the operator shall hold only one valid registration in respect of the fishing vessel and shall not at the same time hold more than one such registration; Section 98(1)(e) the operator shall comply at all times with such requirements for trawling gear as may be prescribed; Section 98(1)(f) the operator shall not carry on board the fishing vessel any fishing gear that has not been approved for fishing activities pursuant to the fishing licence or authorization; Section 98(1)(g) the operator shall not carry firearms aboard unless authorized by the Director-General; Section 98(1)(h) unless otherwise authorized by the Director-General, the operator shall ensure that at least forty five percent of the crew members on board each fishing vessel are citizens of Kenya; Section 98(1)(i) the operator shall comply with all relevant provisions of national law relating to navigational standards, standards relating to work conditions on board fishing vessels and the safety of vessels at sea; Section 98(1)(j) the operator shall comply with any direction given by the Director-General for inspection of the vessel prior to departing from the Kenya fishery waters; and Section 98(1)(k) such other conditions that are required pursuant to this Act, or that may be required by the Cabinet Secretary by notice in the Gazette or as may be prescribed. Section 98(2) A person who contravenes any condition in subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding fifty million shillings or to a term of imprisonment not exceeding five years or to both. - 99 Verify source ↗
LICENSING AND REGISTRATION - 99. Conditions for industrial fishing vessels
Operators of industrial fishing vessels must comply with a range of conditions (logbooks in English, vessel-monitoring equipment, carry an observer, report positions every 24 hours in Kenya fishery waters, monitor distress/safety frequencies, carry International Code of Signals and charts, limits on bycatch retention, prohibitions on fishing in closed or protected areas, and ensure English communication aboard) and failure to comply is an offence punishable by a fine not exceeding fifty million shillings or imprisonment not exceeding five years or both.
Section 99. Conditions for industrial fishing vessels Section 99(1)(a) the operator shall maintain fishing and navigational logbooks at all times in the English language with such information and in the format as may be prescribed or required by the Cabinet Secretary; Section 99(1)(b) the operator shall install, maintain and operate, in accordance with the requirements of this Act, an automatic location communicator or such other equipment integral to a vessel monitoring system as the Cabinet Secretary may require; Section 99(1)(c) the operator shall carry on board an observer designated by the Director-General and comply with all requirements relating to observers set out in this Act; Section 99(1)(d) the operator shall report in writing the vessel's position, catch and such other information that may be required by the Director-General to the Kenya Fisheries Service every twenty-four hours while in the Kenya fishery waters; Section 99(1)(e) the operator shall continually monitor the international distress and call frequency and the international safety and calling frequency; Section 99(1)(f) the operator shall ensure that a recent and up-to-date copy of the International Code of Signals be carried on board and accessible at all times; Section 99(1)(g) the operator shall ensure that a recent and up-to-date set of charts showing the Kenya fishery waters is carried on board at all times; Section 99(1)(h) the operator shall not at any time, except for purposes of steaming directly into port with all gear stowed, cause or allow the fishing vessel to enter, be present in, engage in fishing for or take or carry on board or possess fish taken from the territorial sea or other area closed to fishing; Section 99(1)(i) the operator shall not at any time cause or allow the fishing vessel to engage in fishing for or take or carry on board or possess fish taken from a closed area or from any marine protected area declared pursuant to this Act where such fish are protected; Section 99(1)(j) the operator shall retain no more than thirty percent of the bycatch, or such other amount as maybe prescribed and the remaining portion of the bycatch shall be landed as required pursuant to subparagraph (k); Section 99(1)(k) purse seiners: 30% Section 99(1)(k)(i) purse seiners: 30% Section 99(1)(k)(ii) long liners 30% Section 99(1)(k)(iii) shrimp trawlers: 70% of the bycatch 5% of the shrimp Section 99(1)(l) on the high seas; Section 99(1)(l)(i) on the high seas; Section 99(1)(l)(ii) in areas under the national jurisdiction of any other State except in accordance with the laws of that State; or Section 99(1)(l)(iii) that do not comply with an applicable international agreement or undermine the effectiveness of international conservation and management measures; Section 99(1)(m) for fishing or fishing related activities on the high seas for fishing related activities in areas subject to international conservation and management measures unless the licence or authorization has been endorsed to authorise such fishing; Section 99(1)(m)(i) for fishing or fishing related activities on the high seas for fishing related activities in areas subject to international conservation and management measures unless the licence or authorization has been endorsed to authorise such fishing; Section 99(1)(m)(ii) in areas of national jurisdiction of other States except in accordance with a licence or authorization and the laws of that State; or Section 99(1)(m)(iii) to engage in any activity on the high seas or in areas of national jurisdiction of other States which does not comply with an applicable international agreement or undermines the effectiveness of international conservation and management measures in an area to which such measures apply; Section 99(1)(n) unless the Director-General otherwise directs in writing or unless the master of the fishing vessel is able to communicate effectively in English, the operator shall ensure that the fishing vessel has on board at all times while in the Kenya fishery waters a person who is able to communicate effectively in English and in the language of the master; and Section 99(1)(o) such other conditions that may be required by Public Notice by the Cabinet Secretary or prescribed in accordance with this Act. Section 99(2) A person who contravenes any condition in subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding fifty million shillings or to a term of imprisonment not exceeding five years or to both.
Part XI
COMPLIANCE WITH, LICENCES, AUTHORIZATIONS AND REQUIREMENTS FOR FISHING VESSELS
- 124 Verify source ↗
COMPLIANCE WITH, LICENCES, AUTHORIZATIONS AND REQUIREMENTS FOR FISHING VESSELS - 124. Unlicensed activities prohibited
Persons must not engage in fishing or related activities that require a licence or authorization; using a vessel in an offence makes owners, operators, masters and charterers be deemed to have committed the offence; contravening subsection (1) is an offence punishable by a fine up to five hundred thousand or imprisonment up to five years or both.
Section 124. Unlicensed activities prohibited Section 124(1)(a) on the person's own account or in any other capacity, engage in any activity; Section 124(1)(b) cause or permit a person acting on their behalf to engage in any activity; or Section 124(1)(c) use or permit a vessel to engage in fishing or a related activity of a kind or type, or at a time, or in a place or manner, for which a licence or authorization is required under this Act. Section 124(2) For the purposes of this Act, where a vessel is used in the commission of an offence, the owner, operator, master and charterer shall each be deemed to have committed the offence. Section 124(3) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand or to a term of imprisonment not exceeding five years or to both. - 125 Verify source ↗
COMPLIANCE WITH, LICENCES, AUTHORIZATIONS AND REQUIREMENTS FOR FISHING VESSELS - 125. Foreign fishing vessels
Foreign fishing vessels may enter Kenyan fishery waters only for purposes recognised by international law or relevant Kenyan law.
Section 125. Foreign fishing vessels Section enters the Kenyan fishery waters except for a purpose recognised by international law or relevant law of Kenya; - 126 Verify source ↗
COMPLIANCE WITH, LICENCES, AUTHORIZATIONS AND REQUIREMENTS FOR FISHING VESSELS - 126. Stowage of fishing gear
Persons who contravene subsection (1) commit an offence and on conviction face a minimum fine of five million shillings or minimum five years imprisonment, or both.
Section 126. Stowage of fishing gear Section 126(1)(a) a semi-industrial or industrial fishing vessel in any place in the Kenyan fishery waters; or Section 126(1)(b) navigating through an area under the jurisdiction of another State where it does not have a licence to fish; or Section 126(1)(b)(i) navigating through an area under the jurisdiction of another State where it does not have a licence to fish; or Section 126(1)(b)(ii) at all times when navigating in an area of the high seas to which international conservation and management measures apply where it has not been authorized to fish in that area pursuant to this Act, Section 126(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not less than five million shillings or to imprisonment for a term not less than five years or to both. - 127 Verify source ↗
COMPLIANCE WITH, LICENCES, AUTHORIZATIONS AND REQUIREMENTS FOR FISHING VESSELS - 127. Transshipment at sea prohibited
Persons are prohibited from engaging in transhipment activities at sea, except as otherwise provided by the Act.
Section 127. Transshipment at sea prohibited Section 127(1) Except as otherwise provided pursuant to this Act, no person shall engage in transhipment activities at sea. Section 127(2) Any person including the operator of a vessel used for transhipment, who contravenes the provisions of subsection (1) commits an offence and shall be liable on conviction to a fine not less than ten million shillings or to a term of imprisonment not less than ten years or to both.
Part XII
REQUIREMENTS FOR FOREIGN FISHING VESSELS OR VESSELS FISHING UNDER CHARTER ARRANGEMENTS
- 128 Verify source ↗
REQUIREMENTS FOR FOREIGN FISHING VESSELS OR VESSELS FISHING UNDER CHARTER ARRANGEMENTS - 128. Fisheries access
The Cabinet Secretary may permit access for foreign fishing vessels to fishery waters for fishing or fishing-related activities, subject to this Act, applicable agreements and policies, advice of the Fisheries Advisory Council, and any terms the Cabinet Secretary requires on the Director-General's advice; applicants must not have engaged in illegal, unreported or unregulated fishing in the five years prior and the Cabinet Secretary must determine benefits to Kenya.
Section 128. Fisheries access Section 128(1) The Cabinet Secretary may, on behalf of the Government of Kenya and in accordance with the provisions of this Act, any applicable international agreement and national policies and strategies, and taking into account the advice of the Fisheries Advisory Council established under section 6 , permit access by foreign fishing vessels to the fishery waters for fishing or fishing related activities. Section 128(2)(a) States or regional economic integration organisations; Section 128(2)(a)(i) States or regional economic integration organisations; Section 128(2)(a)(ii) any fishing association or similar body; Section 128(2)(a)(iii) a publicly incorporated company; or Section 128(2)(a)(iv) such other persons or bodies as the Cabinet Secretary considers appropriate; and/or Section 128(2)(b) maximum number of such rights to be granted for a given period of time; Section 128(2)(b)(i) maximum number of such rights to be granted for a given period of time; Section 128(2)(b)(ii) maximum period of time during which such right can be held; Section 128(2)(b)(iii) fishery or fisheries to which rights-based access applies; Section 128(2)(b)(iv) qualifications of applicants for such rights; Section 128(2)(b)(v) procedures for application for such rights; Section 128(2)(b)(vi) criteria for the grant of such rights; Section 128(2)(b)(vii) conditions for the use of such rights; Section 128(2)(b)(viii) transferability of such rights; and Section 128(2)(b)(ix) conditions for the cancellation or revocation of such rights; or Section 128(2)(c) the vessel, its operator, master and beneficial owner have not engaged in or were not reasonably suspected to have engaged in illegal, unreported or unregulated fishing in any place during the five-year period prior to application for the license; and Section 128(2)(c)(i) the vessel, its operator, master and beneficial owner have not engaged in or were not reasonably suspected to have engaged in illegal, unreported or unregulated fishing in any place during the five-year period prior to application for the license; and Section 128(2)(c)(ii) the Cabinet Secretary determines there are clear benefits to Kenya for issuing such a licence. Section 128(3) Fisheries access granted pursuant to subsection (2) shall be subject to this Act and such other terms and conditions as may be required by the Cabinet Secretary on the advice of the Director-General. Section 128(4)(a) the estimated value of the fisheries to the other party; and Section 128(4)(b) the designated area, an access fee and other required benefits to Kenya, except that such fee or benefits shall not include development assistance or benefits that are unrelated to the value of the fisheries access. Section 128(5) Fisheries access shall be permitted solely for purposes of fishing or fishing related activities in the exclusive economic zone or at a designated port, and shall not be permitted for any activity in the territorial sea except for navigating directly through it to port. Section 128(6) No licence or other authorization for fishing or fishing related activities shall be issued to a foreign fishing vessel unless fisheries access has been granted in accordance with this Act. - 129 Verify source ↗
REQUIREMENTS FOR FOREIGN FISHING VESSELS OR VESSELS FISHING UNDER CHARTER ARRANGEMENTS - 129. Fisheries access requirements
The operator must comply with all laws of Kenya.
Section 129. Fisheries access requirements Section the operator to comply with all laws of Kenya; - 130 Verify source ↗
REQUIREMENTS FOR FOREIGN FISHING VESSELS OR VESSELS FISHING UNDER CHARTER ARRANGEMENTS - 130. Fisheries access review
Section 130 lists review factors for fisheries access and gives the Cabinet Secretary power to prescribe or require other matters in relation to fisheries access.
Section 130. Fisheries access review Section 130(1)(a) the compliance by the other party with the laws of Kenya and the terms of the access agreement, arrangement, right, licence or authorization; Section 130(1)(b) the realized benefits to Kenya under the access agreement or arrangement for the preceding year; Section 130(1)(c) the estimated value of the continuing fisheries access provided; and Section 130(1)(d) such other matters as may be prescribed or required by the Cabinet Secretary in accordance with this Act. Section 130(2)(a) according to its terms or upon material non-compliance by the other party with this Act or any other requirement for fisheries access, and the other party shall be given reasonable notice of such termination or suspension to ensure the prompt termination of fishing or fishing related activities; or Section 130(2)(b) that continued fishing at current levels would pose a risk to the fish stocks based on a precautionary approach, or on such other ground for suspension or limitation as may be specified in this Act. Section 130(3) Suspension of fisheries access or fishing in accordance with subsection (2) or (3) may be for such time or until such conditions are met as the Cabinet Secretary may require. - 131 Verify source ↗
REQUIREMENTS FOR FOREIGN FISHING VESSELS OR VESSELS FISHING UNDER CHARTER ARRANGEMENTS - 131. Requirements for joint venture and charter agreements, rights and vessel licensing for foreign fishing vessels.
Agreements for joint ventures or chartering foreign fishing vessels are not valid unless approved by the Cabinet Secretary on the advice of the Director-General and must satisfy the listed criteria including vesting operational control in Kenyans and specified ownership, control and equity by Kenyan citizens.
Section 131. Requirements for joint venture and charter agreements, rights and vessel licensing for foreign fishing vessels. Section 131(1) No agreement governing joint ventures, or the chartering of any foreign fishing vessel for fishing or fishing related activities within or beyond the Kenya fishery waters, whether or not it involves changing the registration of the vessel, shall be valid unless and until it is approved by the Cabinet Secretary on the advice of the Director-General. Section 131(2)(a) a charter agreement vests operational control of the foreign fishing vessel in a Kenya citizen, resident or registered company; Section 131(2)(b) development of the Kenya fishing industry; Section 131(2)(b)(i) development of the Kenya fishing industry; Section 131(2)(b)(ii) training of Kenya citizens; Section 131(2)(b)(iii) foreign exchange earnings for Kenya; Section 131(2)(b)(iv) investment in Kenya; Section 131(2)(b)(v) landing and domestic distribution activities; and Section 131(2)(b)(vi) development of export activities; Section 131(2)(c) establishment of a company under the Companies Act (Cap. 486), with specified ownership, control and equity by Kenya citizens; Section 131(2)(d) the joint venture, charter agreement, right or vessel approved under this Act, is in full compliance with all applicable laws in Kenya; - 132 Verify source ↗
REQUIREMENTS FOR FOREIGN FISHING VESSELS OR VESSELS FISHING UNDER CHARTER ARRANGEMENTS - 132. Agents or companies to designated for purposes of legal process, information
Operators of foreign fishing vessels must designate an agent in Kenya authorised to accept service and provide information; companies must notify the Director-General promptly of specified alterations; agents must meet residency, character and conduct requirements; contraventions are offences punishable by fine or imprisonment.
Section 132. Agents or companies to designated for purposes of legal process, information Section 132(1) The operator of each foreign fishing vessel licensed pursuant to section 131 shall designate an agent in accordance with the terms of such agreement authorised to accept on behalf of the company service of process and any notices required to be served on the company and to provide such information as may be required under this Act with respect to the vessel and its activities, operator, master and crew members. Section 132(2)(a) the full address of the registered or principal office of the company and their principal place of business in Kenya; Section 132(2)(b) the present name and any former forename or surname, address and occupation of the person authorised to manage the company in Kenya; Section 132(2)(c) a list of the directors of the company, containing such particulars with respect to the directors as are by this Act required to be contained with respect to directors in the register of the directors of a company; and Section 132(2)(d) the names and addresses of one or more persons continuously resident in Kenya authorised to accept on behalf of the company service of process and any notices required to be served on the company and to provide such information as may be required under this Act with respect to the vessel and its activities, operator, master and crew members, Section 132(3) In the event of any alteration being made in the instrument or in the address or in the directors or managers or in the names or addresses of such persons, the company shall promptly deliver to the Director-General a notice of the alteration. Section 132(4)(a) be continuously resident in Kenya; Section 132(4)(b) have no record of conviction; Section 132(4)(c) have no record of association with illegal, unreported or unregulated fishing activities; Section 132(4)(d) where relevant carry out duties as required pursuant to the Companies Act, and other laws in Kenya relating to agents; Section 132(4)(e) provide such information as may be required pursuant to this Act in relation to the relevant foreign fishing vessel, subject to the section 85 on rules of confidentiality in this Act; Section 132(4)(f) receive and respond to legal process with respect to the vessel and its activities, operator, master and crew members; Section 132(4)(g) comply with all laws of Kenya; Section 132(4)(h) not exceed the authority as an agent; or Section 132(4)(i) not engage in any activity that constitutes or is likely to constitute a conflict of interest with his or her duties and responsibilities of the agent under this Act and the laws of Kenya. Section 132(5)(a) has full legal authority and is sufficiently informed at all times in order to carry out assigned responsibilities pursuant to this Act including the requirements in subsection (3); and Section 132(5)(b) complies with all requirements in subsection (3). Section 132(6) No licence shall be issued to a foreign fishing vessel unless an agent has been designated in accordance with this section. Section 132(7)(a) suspended for such period as the Director-General, in consultation with the Cabinet Secretary, thinks fit, but not less than one month; or Section 132(7)(b) revoked, and the operator shall fully disclose information regarding the agreement between the operator and the agent in addition to the requirements of section 102 of this Act. Section 132(8) A person who contravenes the requirements of subsections (1), (2), (3) or (4) of this section commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to a term of imprisonment not exceeding five years or to both. - 133 Verify source ↗
REQUIREMENTS FOR FOREIGN FISHING VESSELS OR VESSELS FISHING UNDER CHARTER ARRANGEMENTS - 133. Preference for Kenya products
Preference for Kenya products: materials and products made in Kenya.
Section 133. Preference for Kenya products Section materials and products made in Kenya; - 134 Verify source ↗
REQUIREMENTS FOR FOREIGN FISHING VESSELS OR VESSELS FISHING UNDER CHARTER ARRANGEMENTS - 134. Performance bond
The Cabinet Secretary may require a performance bond for non‑Kenyan fishing vessels as a licence precondition or during the licence period; performance bonds serve as financial assurance; the Director‑General determines the bond amount in consultation with the Board; specified forms of assurance are listed; the Director‑General may serve a notice of demand and register it, and if the bond is not provided the licence may be cancelled by the Cabinet Secretary.
Section 134. Performance bond Section 134(1) The Cabinet Secretary may require either as a precondition of issuing a licence to any fishing vessel other than a Kenya fishing vessel, or at any time during the licensing period, that a performance bond be provided by the applicant in accordance with such procedures and in such form as may be prescribed. Section 134(2) Performance bonds prescribed under subsection (1) shall serve as a financial assurance for the fulfilment of all obligations arising out of the licence and this Act, including potential costs relating to rescue, recovery of other costs and fines, penalties or compensation for violations against this Act, and shall be drawn upon in such manner as may be prescribed. Section 134(3) The amount of financial assurance provided under this section shall be determined by the Director-General in consultation with the Board and having regard to any applicable fishery management plan and the value of the relevant fishery— Section 134(4)(a) surety bond; Section 134(4)(b) trust fund with pay-in period; Section 134(4)(c) insurance policy; Section 134(4)(d) cash deposit; Section 134(4)(e) annuities. Section 134(5)(a) cause a notice of demand to be served on the licence-holder a notice of demand; and Section 134(5)(b) cause a note of the service of the notice to be registered in a Magistrate's Court. Section 134(6)(a) has been provided, the notice shall thereupon cease to have effect, and the Director-General shall cause the registry endorsement to be cancelled; or Section 134(6)(b) has not been provided, the applicable licence shall be liable to cancellation by the Cabinet Secretary. - 135 Verify source ↗
REQUIREMENTS FOR FOREIGN FISHING VESSELS OR VESSELS FISHING UNDER CHARTER ARRANGEMENTS - 135. Force majeure or distress
A foreign fishing vessel may be allowed to enter port in cases of force majeure or distress to render assistance to persons, ships or aircraft in danger or distress.
Section 135. Force majeure or distress Section A foreign fishing vessel may be permitted entry into port for reasons of force majeure or distress exclusively for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Part XIII
MONITORING, CONTROL AND SURVEILLANCE
- 136 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 136. Authority and general powers of authorized officers
Authorized officers may take reasonable actions and give directions to exercise their powers (including use of reasonable force), may require assistance from any person (who while assisting is deemed an authorized officer for that time), Act provisions apply to duties beyond national jurisdiction unless international agreements provide otherwise, and officers serving under another State must report to the Director-General as required; defines MCS.
Section 136. Authority and general powers of authorized officers Section 136(1) An authorized officer may do all such acts and things and give such directions as are reasonably necessary for the purposes of exercising any of his/her powers under this Act. Section 136(2) An authorized officer may use such force as may be reasonably necessary to enable the exercise of his or her powers under this Act. Section 136(3) An authorized officer bringing or ordering a vessel to a place in Kenya in accordance with this Act, or in other circumstances where the need for assistance in enforcing this Act is immediate and overwhelming, may require any person to assist him or her, and that person shall be deemed to be an authorized officer for the purposes for and time during which the authorized officer is required to act. Section 136(4) Where an authorized officer is required to undertake duties in areas beyond national jurisdiction, unless provided otherwise in an international agreement or arrangement, the provisions of this Act are applicable as if the duties were performed within areas under national jurisdiction. Section 136(5) Where an authorized officer has been appointed in accordance with section 18 or is otherwise serving under the authority of another State where such State is party to an applicable international agreement or arrangement with the objective of carrying out fisheries monitoring, control and surveillance operations jointly or cooperatively with the Government of Kenya, he or she shall make such reports to the Director-General as may be required pursuant to the terms of such international agreement or arrangement. Section 136(6) Monitoring Control and Surveillance (MCS) in this section means "the mechanism for implementation of agreed policies, plans or strategies for oceans and fisheries management and includes collection, measurement and analysis of data and information on fishing activities and using the same to specify the terms and conditions under which fisheries resources can be harvested; checking and supervising fishing activities to ensure all applicable laws and regulations are being observed by the fishers and all licence holders and the components include surveillance on land, air and the sea." - 137 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 137. Identification of authorized officers
Authorized officers must, when exercising powers under the Act and upon request, identify themselves and produce evidence; producing an identification document is sufficient authority to act until proven otherwise.
Section 137. Identification of authorized officers Section 137(1) An authorized officer in exercising any power conferred by this Act shall, upon request, identify himself or herself and produce evidence that he or she is an authorized officer. Section 137(2) The production by any authorized officer of any identification document issued to him or her shall, until the contrary is proved, be sufficient authority for any such authorized officer to do anything which he or she is authorized by this Act to do. - 138 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 138. Declaration of boarding and inspection
Authorized officers, inspectors, observers and other personnel who board and inspect fishing vessels must sign the prescribed Declaration of Boarding and Inspection form and promptly provide it to the Director-General; an authorized officer or inspector who participated in a boarding (other than in port) must complete the form and promptly provide it to the Director-General.
Section 138. Declaration of boarding and inspection Section 138(1) Authorized officers, inspectors, observers and other personnel conducting boarding and inspection of fishing vessels shall certify their presence by signing such Declaration of Boarding and Inspection form as may be prescribed or required by the Director-General and promptly providing it to the Director-General. Section 138(2) The Boarding and Inspection Form referred in subsection (1) shall be completed by an authorized officer or inspector who has participated in the boarding and inspection of a fishing vessel pursuant to this Act, other than a boarding and inspection in port, and such authorized officer or inspector shall promptly provide it to the Director-General. - 139 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 139. Powers of hot pursuit
An authorized officer may, following hot pursuit from within Kenya fishery waters and in accordance with international law, stop, board and search vessels outside the fisheries waters suspected of being used in an offence under this Act, exercise powers under the Act and return the vessel and persons to Kenya fishery waters.
Section 139. Powers of hot pursuit Section An authorized officer may, following hot pursuit from within the Kenya fishery waters in accordance with international law, stop board and search outside the fisheries waters any vessel which the authorized officer has reasonable grounds to believe has been used in the commission of an offence under this Act, exercise any powers conferred by this Act and bring such vessel and all persons and things aboard back into the Kenya fishery waters. - 140 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 140. Powers of entry and search of authorized officers
Authorized officers have powers to enter, search, stop and examine persons and things, detain items or persons for examination, and (for dwelling houses) may only search or seize with a court warrant.
Section 140. Powers of entry and search of authorized officers Section 140(1)(a) any Kenya vessel outside the fisheries waters; and Section 140(1)(a)(i) any Kenya vessel outside the fisheries waters; and Section 140(1)(a)(ii) any other vessel to which this Act or any international agreement applies; Section 140(1)(b) in or on which he has reason to suspect that evidence of an offence against this Act may be found; or Section 140(1)(b)(i) in or on which he has reason to suspect that evidence of an offence against this Act may be found; or Section 140(1)(b)(ii) which it is necessary or expedient to enter or search to ascertain whether this Act is being or has been complied with; Section 140(1)(c) stop any person and examine any record, article, container, gear, apparatus, device, or fish in the possession of that person; and Section 140(1)(d) pass across any land, and may examine and search any document, record, article, container, gear, equipment, apparatus, device, container, fish and contents of any kind found therein or thereon. Section 140(2) An authorized officer may detain any person, vessel, vehicle, or aircraft, parcel, package, record, document, article, gear, equipment, apparatus, device, container, fish or thing for such period as is reasonably necessary to enable the authorized officer to carry out an examination or search under this section. Section 140(3) An authorized officer may, in respect of premises used exclusively as a dwelling house, only conduct searches and seizures in accordance with this section with a warrant issued by a court of competent jurisdiction. - 141 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 141. Power to take, detain, remove and secure information and evidence
Powers to inspect, take, detain, remove and secure samples, documents or other information and to require reproduction of information or production of documents and answers for monitoring or enforcement.
Section 141. Power to take, detain, remove and secure information and evidence Section 141(1)(a) inspect, take, detain and secure samples, documents, logbooks or other information, or copies thereof, from any vessel, premises, facilities or other place, other than premises used exclusively as a dwelling house but including premises that are part of or attached to a dwelling house used for activities falling within the scope of this Act; Section 141(1)(b) make or take copies of any record, and for this purpose may take possession of and remove from the place where they are kept any such records, for such period of time as is reasonable in the circumstances; Section 141(1)(c) if necessary, require a person to reproduce, or assist the authorized officer to produce in a useable form, information recorded or stored in a document; Section 141(1)(d) require any person associated or apparently associated with a vessel, premises, facilities or other place or activity falling within the scope of this Act, to provide such information as may be reasonably required for the monitoring or enforcement of this Act; and Section 141(1)(e) otherwise remove and secure any item that may reasonably be considered to be evidence of an offence against this Act. Section 141(2)(a) require the person being questioned to provide answers including any explanation or information concerning any vessel or any place or thing or fishing method, gear, apparatus, record, document, article, device, or thing relating to the taking, sale, buying, trade, import, export or possession of any fish; and Section 141(2)(b) require that person or any other person to produce any permit, authority, approval, permission, licence, certificate or other document issued in relation to any vessel or person. - 142 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 142. Power of arrest
Authorized officers may arrest persons in specified circumstances and, if they do so, must deliver the arrested person into the custody of a Kenya Police Force member as soon as practicable.
Section 142. Power of arrest Section 142(1)(a) whom he believes, on reasonable grounds, is committing or has committed an offence under this Act; Section 142(1)(b) who assault him or any other authorised officer, inspector, observer or fishery dock observer in the exercise of his powers or performance of his functions under this Act, or Section 142(2) If an authorized officer arrests a person under subsection (1) the authorized officer shall cause the person to be delivered into the custody of a member of the Kenya Police Force as soon as practicable and that person shall thereafter be dealt with in accordance with the relevant law or laws. - 143 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 143. Power to give direction
An authorized officer may order a vessel to the nearest available Kenyan port (or an agreed port), remain in control of it at that port for a limited period, and give reasonable directions to the master or persons on board.
Section 143. Power to give direction Section 143(1)(a) order the vessel as soon as reasonably practicable to the nearest available port in Kenya or such port as may be agreed between the master and the authorized officer; and Section 143(1)(b) remain in control of the vessel at such port for such period as may be reasonably necessary for the purpose of the authorized officer to exercise any other powers under this Act, until the authorized officer permits the master to depart from that place, provided that the period shall not exceed seventy-two hours in total where there are no reasonable grounds to suspect contravention of this Act. Section 143(2) After an authorized officer has given a direction under subsection (1), the authorized officer may also give to the master or any other person on board the vessel any reasonable direction in respect of any activity, method, procedure, item, gear, document, fish, property or thing while the vessel is proceeding to or remains in port. - 144 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 144. Seizure of vessels, etc
Authorized officers may seize vessels, gear, fish, articles and things believed on reasonable grounds to be connected to offences under the Act; seized items are to be delivered into the custody of the Director-General; authorized officers must give a written notice of seizure stating reasons to the person from whom items were seized or a person believed to be owner or entitled to possession; "Court" is defined as the High Court.
Section 144. Seizure of vessels, etc Section 144(1)(a) a vessel's equipment, gear, furniture, appurtenances, stores, cargo and aircraft shall be deemed to form part of the vessel; Section 144(1)(b) aircraft operating independently of a vessel shall be subject to this section; and Section 144(1)(c) "Court" means the High Court. Section 144(2)(a) any vessel or other conveyance, fishing gear, implement, appliance, material, container, goods, equipment or thing which the authorized officer believes on reasonable grounds is being or has been or is intended to be used in the commission of an offence against this Act; Section 144(2)(b) any fish which the authorized officer believes on reasonable grounds is being, or has been taken, killed, transported, bought, sold or found in the possession of any person in contravention of this Act and any other fish with which such fish is intermixed; Section 144(2)(c) any article, record or thing which the authorized officer believes on reasonable grounds may be or may contain evidence of an offence against this Act; Section 144(2)(d) of the master and crew of a vessel directed to return to and remain in port pursuant to this Act until the vessel is permitted to depart; Section 144(2)(d)(i) of the master and crew of a vessel directed to return to and remain in port pursuant to this Act until the vessel is permitted to depart; Section 144(2)(d)(ii) of any person arrested, until that person is brought before a court; or Section 144(2)(d)(iii) pursuant to any order of the Court; and Section 144(2)(e) has been or is being used in the commission of an offence against this Act; Section 144(2)(e)(i) has been or is being used in the commission of an offence against this Act; Section 144(2)(e)(ii) has been seized or forfeited under this Act; or Section 144(2)(e)(iii) has been unlawfully removed from the custody under this Act. Section 144(3) Anything seized pursuant to subsection (1) shall be delivered into the custody of the Director-General. Section 144(4) The authorized officer shall supply a written notice of seizure stating the reasons thereof to the person from whom any article or thing is seized or any person whom the authorized officer believes is the owner or is otherwise entitled to possession of the article or thing seized. - 145 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 145. Removal of parts from seized vessels, etc
Authorized officers may remove parts from seized vessels to immobilize them and must take reasonable measures to avoid permanent or material damage; persons must not obtain, substitute, or fit removed parts; contravening those prohibitions is an offence punishable by a fine or imprisonment.
Section 145. Removal of parts from seized vessels, etc Section 145(1) An authorized officer may remove any part from the vessel seized pursuant to this Act for the purpose of immobilizing that vessel where the operator is in co-operative but in any event, the authorized officer shall take reasonable measures to ensure that such removal shall not cause a permanent or material damage to the vessel. Section 145(2) Any part or parts removed under subsection (1) shall be kept safely and returned to the master or owner of the vessel upon release. Section 145(3)(a) hold or arrange to obtain any part or parts removed under subsection (1); Section 145(3)(b) hold or arrange to obtain or make any replacement or substitute part or parts for those removed under subsection (1); or Section 145(3)(c) fit or attempt to fit any part or parts or any replacement or substitute part or parts to a vessel immobilised pursuant to this Act. Section 145(4) A person who contravenes subsection (3) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding one year or to both. - 146 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 146. Authority of authorized officer or inspector in relation to abandoned fishing vessels, fishing gear, fish or fish products
Authorized officers must apply to court for an order to dispose of abandoned fishing vessels, gear, fish or fish products when they have reason to believe abandonment was to avoid prosecution; authorized officers or inspectors may carry out investigation measures for areas or property formerly controlled by a suspect where abandonment and suspicion of offences or absconding exists.
Section 146. Authority of authorized officer or inspector in relation to abandoned fishing vessels, fishing gear, fish or fish products Section 146(1) Where an authorized officer has reason to believe that any fishing vessel, fishing gear, fish or fish product has been abandoned for the purpose of avoiding prosecution, he shall apply to the Court for an Order to dispose of the fishing vessel, fishing gear, fish or fish product. Section 146(2) Where a fishing vessel or fishing gear or fish product is abandoned, and an authorized officer or inspector believes that any person is liable to be investigated, searched or arrested in connection with a commission of an offence under this Act, or that such person has absconded to any place within or outside Kenya, or has concealed himself so that he cannot be searched, arrested or otherwise investigated, the authorized officer or inspector may cause investigation measures to be taken in relation to the area or premises and property previously in possession, occupation or under control of the suspect. - 147 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 147. Observer programme
Observers may be deployed by direction of the Director-General, under this Act or relevant international agreements, to monitor vessels and fisheries operations.
Section 147. Observer programme Section 147(1)(a) the species, quantity, size, age, and condition of fish taken; Section 147(1)(b) the methods by which, the areas in which, and the depths at which, fish are taken; Section 147(1)(c) the effects of fishing methods on fish, and the environment; Section 147(1)(d) all aspects of the operation of any vessel; Section 147(1)(e) processing, transportation, transhipment, storage, or disposal of any fish; Section 147(1)(f) monitoring the implementation of management measures and applicable international conservation and management measures; and Section 147(1)(g) any other matter that may assist the Director-General to obtain, analyse, or verify information for fisheries scientific, management, and compliance purposes. Section 147(2) Observers may be deployed as may be directed by the Director-General in accordance with this Act, or any applicable international agreement or arrangements, including an agreement or arrangement with the objective of carrying out fisheries monitoring, control and surveillance operations jointly or in co-operation with the Government of Kenya, or any international conservation and management measures on any vessel used for fishing, transhipment, transportation or landing of fish within and beyond the Kenyan fishery waters and such other uses as may fall within the scope of this Act. - 148 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 148. Appointment of, and identification by inspectors and observers
Inspectors and observers must identify themselves and produce proof of identification on request; inspectors and observers are appointed for monitoring, compliance, auditing and the observer programme operates under standards the Board may prescribe or approve.
Section 148. Appointment of, and identification by inspectors and observers Section 148(1)(a) inspectors for purposes of monitoring compliance and management and auditing, including inspections of vessels, premises and facilities and aquaculture establishments to gather information, and report on the fulfilment of pre-licensing requirements and any obligations pursuant to this Act; and Section 148(1)(b) observers for purposes of the observer programme established under section 147 , in accordance with such standards and procedures as may be prescribed or approved by the Board. Section 148(2) An inspector or observer shall on request identify himself and produce proof of identification as an inspector or observer. - 149 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 149. Application of Act to observers in areas beyond national jurisdiction
Observers performing duties beyond national jurisdiction remain subject to all provisions of this Act unless the contrary is provided.
Section 149. Application of Act to observers in areas beyond national jurisdiction Section Any observer who performs duties in areas beyond national jurisdiction in accordance with this Act, any international agreement or international conservation and management measures shall, unless the contrary is provided, continue to be subject to all provisions of this Act, and all proof of identification as an operators, crew members or other relevant persons towards such observer under this Act shall be fully applicable. - 150 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 150. Requirements for monitoring of off loading
Operators required by licence to land catch in Kenya must only offload where an observer or inspector is present; failure is an offence with a fine up to five hundred thousand shillings, licence cancellation and at least one year without a new licence.
Section 150. Requirements for monitoring of off loading Section 150(1) The operator of any fishing vessel required as a condition of licence granted to it to land all or part of its catch in Kenya shall cause such landings to take place only where an observer or inspector is present to monitor the offloading and otherwise perform his/her functions pursuant to this Act. Section 150(2) An operator who does not comply with subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings, and in addition the applicable licence shall be cancelled and no further licence shall be issued for at least one year from the time of the offence in respect of the vessel or operator. - 151 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 151. Duties of operators. etc, to inspectors and observers
Operators, vessel crew and licence-holders must comply with specified requirements to inspectors and observers (boarding, communication, photographing, information gathering, disembarkation); failure is an offence with fines not less than ten million shillings or imprisonment not less than five years or both.
Section 151. Duties of operators. etc, to inspectors and observers Section 151(1)(a) board such vessel at such time and place as the Director-General may require; Section 151(1)(b) receive and transmit messages and communicate with the shore and other vessels by means of the vessel's communications equipment; Section 151(1)(c) take photographs of the fishing operations, including fish, gear, equipment, documents, charts and records, and remove from the vessel such photographs or film as he may have taken or used on board the vessel; Section 151(1)(d) gather such information relating to fisheries as may be required for purposes of carrying out the objectives of this Act; and Section 151(1)(e) disembark at such time and place as the Director-General may require or in accordance with an applicable access agreement, provided it is in accordance with the safe operation of the vessel. Section 151(2)(a) when the vessel is at any place in the fisheries waters or such other place where fish taken from the fisheries waters is unloaded or transhipped as may be required in the applicable licence, access agreement or international conservation and management measures, or as may be otherwise authorized under any applicable access or other agreement, or in the applicable licence; and Section 151(2)(b) in the case of a Kenya fishing vessel operating under an authorization to fish in the high seas in areas subject to international conservation and management measures, when the vessel is on the high seas in an area subject to such international conservation and management measures or otherwise in accordance with such measures or the applicable license or authorization. Section 151(3) An operator and crew member of any vessel, or licence holder in respect of any vessel on which an observer is placed or an inspector is assigned in accordance with this Act who does not comply with subsection (1) commits an offence and shall be liable on conviction to a fine not less than ten million shillings or to a term of imprisonment not less than five years or to both. - 152 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 152. Conditions for observers
Vessel operators or licence holders must provide specified board, accommodation, facilities, sampling workspace and cooperate with observers (including notifications and transfers); contravention is an offence with fines, imprisonment or licence suspension/cancellation.
Section 152. Conditions for observers Section 152(1)(a) provide full board, accommodation and access to any (cooking and toilet) facilities and amenities at officer level or similar standard approved in writing by the Director-General and free of charge at all times; Section 152(1)(b) provide a safe work area adjacent to the sample collection site, for sampling and storage of fish to be sampled, of 4.5 square meters, including the observer's sampling table and which permits the observer to stand upright and have a work are at least 0.9 m deep in the area front of the table and scale; Section 152(1)(c) notify the observer at least fifteen minutes before fish are brought on board, or fish and fish products are transferred from the vessel, to allow sampling the catch or observing the transfer; Section 152(1)(d) collect bycatch when requested by an observer; Section 152(1)(e) collect and carry baskets of fish when requested by an observer; Section 152(1)(f) allow an observer to determine the sex of fish when this procedure will not decrease the value of a significant portion of the catch; Section 152(1)(g) take measurements, including of decks, codends, and holding bins; and Section 152(1)(h) ensure that transfers of observers at sea via small boat or raft are carried out during daylight hours, under safe conditions, and with the agreement of any observer involved. Section 152(2) An operator or licence holder of a vessel who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or to a term of imprisonment not exceeding three years or to both, and in addition the applicable licence or authorization may be suspended or cancelled. - 153 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 153. Authorized persons
Defines "authorized person" to include any authorized officer, inspector or observer appointed under this Act.
Section 153. Authorized persons Section For the purposes of this portion, "authorized person" includes any authorized officer, inspector or observer appointed pursuant to this Act. - 154 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 154. Protection of authorized persons from liability
Authorized persons acting in good faith for the Service are not liable for damage resulting from acts or omissions in performance of their duties; the master must remain in control and be responsible for vessel and persons until arrival at the designated place; the State is not liable for acts of authorized persons unless that person would incur liability.
Section 154. Protection of authorized persons from liability Section 154(1) No liability shall attach to the Service and its officers, employees or other persons acting under the authority of the Service, including persons with delegated authority and any person assisting an authorized officer pursuant to section 19, for any damage sustained by any person as a result of any act or omission done or made in good faith in performance of their duties under this Act or any other law relating to fisheries. Section 154(2)(a) and the master is required to remain in control the master shall be responsible for the safety of the vessel and each person on board the vessel until the vessel arrives at the designated place; and Section 154(2)(b) no claim may be made against any authorized person in respect of any death, injury, loss or damage that occurs while the vessel is being brought to such place. Section 154(3) The State shall not be held directly or indirectly liable for an act or omission of any authorized person or person assisting an authorized officer, unless such person would incur liability for the act or omission. - 155 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 155. Insurance for authorized persons
The Service must ensure full group insurance coverage for all authorized persons.
Section 155. Insurance for authorized persons Section The Service shall ensure full group insurance coverage for all authorized persons. - 156 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 156. Obstruction, etc of authorized persons
It is an offence to obstruct, resist, hinder, impersonate, bribe, or otherwise fail to comply with or impede authorized persons exercising duties under this Act; conviction carries a fine of not less than fifty million shillings or imprisonment up to ten years or both, and licence suspension or cancellation may also apply.
Section 156. Obstruction, etc of authorized persons Section 156(1) For the purposes of this section "fail" includes any effort which does not result in meeting the specified requirement. Section 156(2)(a) to safe board the vessel; Section 156(2)(a)(i) to safe board the vessel; Section 156(2)(a)(ii) to have full access to and use of all facilities, gear and equipment on board which such authorized person may determine are necessary to carry out his duties, including full access to the bridge, fish and fish products on board, fishing gear and areas which may be used to hold, process, weigh or store fish; that are not of a specified size or dimension; Section 156(2)(a)(iii) to have full access to the vessel's records including its logs, charts and documentation and other information relating to fishing, whether required to be carried and maintained under this Act or otherwise, for purposes of carrying out functions and exercising powers under this Act, including records inspection and copying; Section 156(2)(a)(iv) to have access to all navigational and communications equipment; Section 156(2)(a)(v) to take, measure, store on or remove from the vessel and retain, such reasonable samples or whole specimens of any fish as may be required for scientific purposes; Section 156(2)(a)(vi) where such person is forced by circumstances to stay on board the vessel for a prolonged period of time, provide him, while on board the vessel, with food, accommodation and medical facilities equivalent to that accorded to officers of the vessel, at the expense of the operator; and Section 156(2)(a)(vii) to safe disembark from the vessel; Section 156(2)(b) fail or refuse to allow an audit, inspection, examination or search which is authorized by or under this Act to be made or impedes the conduct of such audit examination or search; Section 156(2)(c) the entire premises, facility, landing site or other place including storage areas; and Section 156(2)(c)(i) the entire premises, facility, landing site or other place including storage areas; and Section 156(2)(c)(ii) any fish or fish product, fishing gear, equipment or records; Section 156(2)(d) fail, refuse or neglect to immediately and fully comply with every lawful instructions or directions given by an authorized person; Section 156(2)(e) deny a request by an authorized person made in the course of exercising his duties and powers under this Act, including requests for access to records, documents, areas, gear and navigation and communication equipment, and that the equipment be turned on for his or her use; Section 156(2)(f) when lawfully required to state his name, date of birth and place of abode to an authorized person fail or refuse to do so, or state a false name, date of birth or place of abode to the authorized person; Section 156(2)(g) when lawfully required by an authorized person to give information, give information which is false, incorrect or misleading in any material respect; Section 156(2)(h) resist lawful arrest for any act prohibited by this Act; Section 156(2)(i) aid, incite or encourage another person to assault, resist, intimidate or obstruct an authorized person who is carrying out his/her duties or exercising his powers under this Act, or any person lawfully acting under a authorized officer's instructions or in his/her aid; Section 156(2)(j) interfere with, delay or prevent by any means, the apprehension or arrest of another person having reasonable grounds to believe that such person has committed an act in contravention of this Act; Section 156(2)(k) fail or refuse to allow an authorized person to carry out all duties safely, or to take all reasonable measures to ensure the safety of an authorized person as appropriate in the performance of his duties; Section 156(2)(l) impersonate or falsely represent himself or herself to be an authorized officer, or to be a person lawfully acting under the Director-General's instructions or in his aid; Section 156(2)(m) impersonate or falsely represent himself to be the master or an officer, or not to be the master or an officer, of a fishing vessel; Section 156(2)(n) where the vessel is seized by an authorized person, fail to sail such vessel to a place in Kenya designated by the authorized officer or fail to ensure the safety of all those on board; Section 156(2)(o) bribe or attempt to bribe an authorized person; Section 156(2)(p) interfere with an authorized person in the performance of his duties; or in any other way obstruct or hinder an authorized person in the exercise of his powers, duties or functions under this Act; Section 156(2)(q) use abusive or threatening language or insulting gestures or behave in a threatening or insulting manner towards an authorized person who is carrying out his duties or exercising his/her powers under this Act, or towards any person lawfully acting under the authorized officer's instructions or in his aid; or Section 156(2)(r) obstruct, resist, delay, refuse boarding to, intimidate, or kidnap an authorized person who is performing his duties or exercising his powers under this Act, or any person lawfully acting under a authorized officer's instructions or in his aid; or Section 156(2)(s) breach any other duty to an authorized person as required under this Act. Section 156(3) A person who contravenes subsection (2) commits an offence and shall be liable on conviction to a fine not less than fifty million shillings or to a term of imprisonment not exceeding ten years or to both, and in addition the applicable licence may be suspended or cancelled. - 157 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 157. Vessel Monitoring Systems
The Director-General may establish and operate vessel monitoring systems and may require fishing vessel operators to install, maintain and operate specified transceiver equipment; operators must notify failures and cease fishing as required; interfering with equipment or unauthorised disclosure is an offence punishable by a fine of not less than ten million shillings or imprisonment for less than ten years and possible licence suspension or cancellation.
Section 157. Vessel Monitoring Systems Section 157(1) The Director-General may establish and operate vessel monitoring systems for purposes of monitoring, control and surveillance, and managing the operations of fishing vessels under this Act. Section 157(2) The Director-General may require the operator of any fishing vessel, as a condition of licence or otherwise, to install, maintain and operate in accordance with such conditions as may be prescribed and such other conditions that may be required by the Director-General, a mobile transceiver unit or other device or equipment that is an integral component of a vessel monitoring system at all times while the fishing vessel is in the fishery waters or, in respect of a Kenya fishing vessel, in areas beyond national jurisdiction or such other area as may be prescribed or agreed in an international agreement or international conservation and management measures. Section 157(3)(a) notify the Director-General when the mobile transceiver unit or other device ceases to operate in accordance with such requirements; and Section 157(3)(b) cause the vessel to cease fishing except as otherwise authorized by the Director-General. Section 157(4)(a) cause the vessel to cease fishing except as otherwise authorized by the Director-General; or Section 157(4)(b) cause the vessel to immediately return to the port of Mombasa, Lamu and Shimoni. Section 157(5)(a) the type of vessel monitoring system equipment to be used; Section 157(5)(b) installation procedures; Section 157(5)(c) operational requirements; Section 157(5)(d) information requirements; Section 157(5)(e) confidentiality; and Section 157(5)(f) reports. Section 157(6)(a) without lawful excuse render inoperative or otherwise interfere with a mobile transceiver unit or other device installed pursuant to this Act so that it fails to operate accurately or in accordance with any prescribed conditions; Section 157(6)(b) whether within, or in areas beyond, national jurisdiction, intentionally, recklessly or negligently destroy, damage, render inoperative or otherwise interfere with any part of mobile transceiver unit or vessel monitoring system aboard a vessel licensed pursuant to this Act, or intentionally feed or input into that system information or data which is not officially required or is meaningless; or Section 157(6)(c) intentionally, recklessly or negligently divulge information or data obtained from a vessel monitoring system or a system of reporting or recording required or permitted under this Act, other than in the course of duty and to a person or persons entitled to receive that information or data. Section 157(7) A person who contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine not less than ten million shillings or to imprisonment for a term less than ten years or to both, and in addition the applicable licence may be suspended or cancelled. Requirements for use of ports - 158 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 158. Use of port without authorization prohibited
Using a port without meeting the specified conditions or authorizations is prohibited; operators, masters and charterers who contravene this commit an offence.
Section 158. Use of port without authorization prohibited Section 158(1)(a) the port has been designated for use by foreign fishing vessels; Section 158(1)(b) the operator has given at least forty-eight hours' advance notice or such other notice as may be prescribed or required by the Director- General; Section 158(1)(c) the operator has provided to the Director-General such information as may be prescribed or required; Section 158(1)(d) in the case of a foreign fishing vessel, a written authorization for the use of such port has been issued by the Director-General; and Section 158(1)(e) where the Director-General has authorized entry of such vessel into port, the master of the vessel or, in the case of a foreign fishing vessel, the vessel's representative presents the authorization for entry into the port to an authorized officer or other competent officer upon the vessel's arrival at Port. Section 158(2) The operator, master and charterer of a vessel which contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to a term of imprisonment not exceeding five years or to both. - 159 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 159. Vessels may be prohibited from entering port
Persons who contravene the denial of port entry rule commit an offence punishable on conviction by a fine of not less than fifty million shillings, or imprisonment for not less than ten years, or both.
Section 159. Vessels may be prohibited from entering port Section 159(1) Authorization to enter a port shall be denied where there is sufficient proof that a vessel seeking entry into port has engaged in illegal, unreported and unregulated fishing, or in fishing-related activities in support of illegal, unreported and unregulated fishing, or appears on a list of vessels which have engaged in such fishing or fishing related activities adopted by a regional fisheries management organization in which Kenya is a member or cooperating non-member, in accordance with the rules and procedures of such organization and in conformity with international law. Section 159(2) Without prejudice to subsection (1), authorization for a vessel to enter a port may be given exclusively for the purpose of inspecting it and taking other appropriate actions in conformity with international law which are at least as effective as denial of port entry in preventing, deterring or eliminating illegal, unreported and unregulated fishing and fishing-related activities in support of illegal, unreported and unregulated fishing. Section 159(3) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not less than fifty million shillings or to imprisonment for a term not less than ten years or to both. - 160 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 160. Denial of the use of port to a foreign fishing vessel
Section 160 lists grounds on which a foreign fishing vessel may be denied use of port, limits certain denials for essential safety, and creates offences and penalties for operators and those who assist denied vessels.
Section 160. Denial of the use of port to a foreign fishing vessel Section 160(1)(a) the vessel does not have a valid and applicable authorization to engage in fishing or fishing-related activities required by its flag State; Section 160(1)(b) the vessel has not been granted a valid and applicable licence to engage in fishing or fishing related activities required under this Act; Section 160(1)(c) there is clear evidence that the fish on board was taken in contravention of applicable requirements of any coastal State in respect of areas under the national jurisdiction of that coastal State; Section 160(1)(d) the flag State of any foreign fishing vessel does not confirm within a reasonable period of time on the request of the Director-General that the fish on board was taken in accordance with applicable requirements of a relevant regional fisheries management organization; or Section 160(1)(e) that it was acting in a manner consistent with relevant conservation and management measures; or Section 160(1)(e)(i) that it was acting in a manner consistent with relevant conservation and management measures; or Section 160(1)(e)(ii) in the case of provision of personnel, fuel, gear and other supplies at sea, that the vessel that was provisioned was not at the time of provisioning a vessel referred to in subparagraph (e); Section 160(2) Notwithstanding subsection (1), a vessel shall not be denied the use of port services essential to the safety and health of the crew and the safety of the vessel, provided these needs are duly proven, or, where appropriate, for the scrapping of the vessel. Section 160(3) The operator of a vessel which uses a port where such use has been denied pursuant to subsection (1) commits an offence and shall be liable on conviction to a fine not less than fifty million shillings or to imprisonment for a term not less than ten years or to both. Section 160(4) Any person who, knowing or having reasonable cause to believe which a vessel has been denied the use of port, takes any action in assisting such vessel to use the port, or to provide it with goods or services which have been denied, commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding ten years or to both. - 161 Verify source ↗
MONITORING, CONTROL AND SURVEILLANCE - 161. Inspection of foreign fishing vessels in port
Sets procedural expectations for inspections of foreign fishing vessels in port, including presentation of identification, arrangements with flag States, non-interference with masters communicating with their flag State, minimizing delay and inconvenience (including limiting presence of authorized officers), facilitating communication with masters or senior crew, conducting inspections fairly and without harassment, and requiring a prompt inspection report to the Director-General.
Section 161. Inspection of foreign fishing vessels in port Section 161(1)(a) present to the master of the vessel an identification document prior to an inspection; Section 161(1)(b) in case of appropriate arrangements with the flag State of a foreign fishing vessel, invite that State to participate in the inspection; Section 161(1)(c) not interfere with the ability of the master of a foreign fishing vessel, in conformity with international law, to communicate with the authorities of the flag State; Section 161(1)(d) avoid unduly delaying the vessel to minimize interference and inconvenience, including any unnecessary presence of authorized officers on board, and to avoid action that would adversely affect the quality of the fish on board; Section 161(1)(d)(i) avoid unduly delaying the vessel to minimize interference and inconvenience, including any unnecessary presence of authorized officers on board, and to avoid action that would adversely affect the quality of the fish on board; Section 161(1)(d)(ii) facilitate communication with the master or senior crew members of the vessel; and Section 161(1)(e) ensure that inspections are conducted in a fair, transparent and non-discriminatory manner and would not constitute harassment of any vessel. Section 161(2) A report of the inspection shall promptly be provided to the Director-General in such form as may be prescribed or as the Director-General may require.
Part XIV
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS
- 162 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 162. Arrest or detention and release of foreign fishing vessels, crew members
The Director-General must promptly notify the flag State when foreign fishing vessels are arrested or detained; foreign vessels and crews arrested for fishing offences shall be released upon posting a reasonable bond or other security; penalties in the Kenya Exclusive Economic Zone for violations shall not include imprisonment or corporal punishment unless there is an agreement to the contrary.
Section 162. Arrest or detention and release of foreign fishing vessels, crew members Section 162(1) In cases of arrest or detention of foreign fishing vessels for a contravention of this Act, the Director-General shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed. Section 162(2) Any foreign fishing vessel and its crew arrested for the contravention of any provision of this Act that governs any act of fishing or fishing-related activity shall be promptly released upon the posting of a reasonable bond or other security. Section 162(3) In the absence of any agreement to the contrary with the State of which the vessel or its crew are nationals, penalties for violations of this Act in the Kenya Exclusive Economic Zone shall not include imprisonment or any form of corporal punishment. - 163 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 163. Prompt judicial or administrative proceedings for arrested persons
Arrested persons must be promptly brought before the appropriate Court or be subject to administrative proceedings; seized items must be returned if the person is released without charge or if prosecution is not instituted within thirty days after charge; seized items are forfeited to the State if the person does not appear within ninety days after arrest.
Section 163. Prompt judicial or administrative proceedings for arrested persons Section 163(1) A person arrested under this Act shall promptly be brought before the Court of applicable jurisdiction or be subject to administrative proceedings in accordance with this Act. Section 163(2) Where a person is released without being charged or where prosecution is not instituted within thirty days after a person is charged, all items seized shall be returned to the person. Section 163(3) Where a person does not appear to answer a charge within ninety days after her arrest, any item seized from that person shall be forfeited to the State. - 164 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 164. Conditions for bail
When bail is granted to the master of a fishing vessel, the court granting bail may impose conditions pending the conclusion of the case that deny the accused access to the vessel or permit access only under conditions the Court determines.
Section 164. Conditions for bail Section If the master of a fishing vessel is granted bail for an offence under this Act, the court granting bail may, if it thinks it necessary or desirable in the circumstances of the case, impose a condition whereby, pending the conclusion of the case, the accused is denied access to the vessel or is allowed access only on conditions determined by the Court. - 165 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 165. Delivery and notice for seized items
Seized items must be delivered into the custody of the Director-General; a written notice stating the grounds for seizure must be given to the person from whom the item was seized or to any person the fisheries inspector believes is the owner or entitled to possession.
Section 165. Delivery and notice for seized items Section 165(1) Any item seized pursuant to this Act shall be delivered into the custody of the Director-General. Section 165(2) A written notice shall be given to the person from whom any article or item was seized or to any other person whom the fisheries inspector believes is the owner or person otherwise entitled to possession of the article or item seized and the grounds for such seizure shall be stated in the receipt. - 166 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 166. Disposal of perishable items
Seized fish or fish products may be sold at the direction of the Director-General and the proceeds are to be dealt with under the Act.
Section 166. Disposal of perishable items Section 166(1) Any fish or fish products seized by an authorized officer under this Act may, at the direction of the Director-General, be sold and the proceeds of the sale held and dealt with pursuant to this Act. Section 166(2)(a) return the fish or other thing to the person from whom it was seized on receiving adequate cash security equivalent to the value of the fish or thing; or Section 166(2)(b) cause the sale of the fish or other thing at a price which is reasonable in the circumstances, and, if court proceedings are instituted, pay the proceeds of the sale into a suspense account of the Service pending a court order in respect of the forfeiture of the proceeds or, if no proceedings are instituted, release the proceeds to the person from whom the fish or other thing was seized: Section 166(3)(a) give the person from whom such fish or perishable goods was seized a receipt stating the date on which the goods were sold or otherwise disposed of, the quantity of such goods, and in the case of a sale, the amount realized; and Section 166(3)(b) pay the proceeds of sale into Court. Section 166(4) The proceeds of any sale under subsection (3) shall be dealt with by the Court according to law. - 167 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 167. Notice of detainment or seizure of property
When a vessel, vehicle, aircraft or other item is seized or detained under this Act, reasonable efforts must be made to notify the owner(s), and the notice should enumerate reasons, describe reclamation steps, and inform owners of deadlines and potential forfeiture.
Section 167. Notice of detainment or seizure of property Section 167(1) Upon seizure of a vessel, vehicle, aircraft or other item, reasonable efforts shall be made to notify the owner or owners of the property seized or detained pursuant to this Act of the seizure or detention of that property. Section 167(2)(a) enumerate the reasons for the seizure and/or detention; Section 167(2)(b) describe the steps required for reclamation of the seized and or detained property; and Section 167(2)(c) make the owner or owners aware of any deadlines and potential forfeiture of property pursuant to this Act. - 168 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 168. Treatment of items detained or seized
The Director may apply to have seized vessels, vehicles, aircraft or items forfeited to the State if a charged person fails to appear within ninety days after service or attempted service of notice, and the Court must make any order it deems fit.
Section 168. Treatment of items detained or seized Section 168(1) If any vessel, vehicle, aircraft or item has been seized pursuant to this Act, and a person who has been properly charged with an offence in relation thereto fails to appear to answer the charge within ninety days of the service or attempted service of notice pursuant to this Act, the Director may apply for the items to be forfeited to the State and the Court shall make such order as it shall deem fit. Section 168(2) If the lawful owner of a vessel, vehicle, aircraft or item seized pursuant to this Act cannot be traced within ninety days of the service or attempted service of notice pursuant to this Act, the seized item shall be forfeited to the State. Section 168(3) If the owner of a vessel, vehicle, aircraft or thing or the person having the possession, care or control of it at the time of its seizure or detention is convicted of an offence in terms of this Act and a fine is imposed, the vessel, vehicle aircraft or thing may be detained until all fines, orders for costs and penalties imposed in terms of this Act are paid. - 169 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 169. Release of seized goods
The Court may order release of seized vessels, vehicles, aircraft or other items on application and receipt of bond or security; the Court must state sums attributable to property, fines and costs when release is on security and must set an amount not less than fair market value or aggregate minimum fine, and the Court need not release items required as exhibits or for investigations.
Section 169. Release of seized goods Section 169(1) The Court may, on application, order the release of any fishing vessel, vehicle, aircraft or other item seized under this Act on receipt of such bond or other form of security as it may determine. Section 169(2)(a) the aggregate amount of the fair market value of the property to be released; Section 169(2)(b) an estimated total fine or other penalty provided for the offence or offences charged or likely to be charged; Section 169(2)(c) the costs the prosecution would be likely to recover if a conviction were entered; Section 169(2)(d) and any damages and costs assessed as a consequence of the offence or offences charged or likely to be charged, and may set the value at such aggregate amount. Section 169(3) Notwithstanding the provisions of subsection (2), the amount determined by the Court under this Act shall not be less than the fair market value of the property to be released or the aggregate minimum fine or penalty for each offence charged, whichever is greater. Section 169(4) Where any vessel, vehicle, aircraft or other item seized is released upon the lodging of a bond or other form of security under subsection (1), the Court shall in the order state separately the sums which are attributable to the property to be released, the total fine or fines and the likely costs. Section 169(5)(a) a finding by the Court that the vessel, vehicle, aircraft or other item has not been used in or in connected with in the commission of an offence under this Act; or Section 169(5)(b) payment in full within thirty days of the judgment of the Court of any fine imposed by the Court and any costs ordered to be paid by the Court; and Section 169(5)(b)(i) payment in full within thirty days of the judgment of the Court of any fine imposed by the Court and any costs ordered to be paid by the Court; and Section 169(5)(b)(ii) where the Court so orders, delivery to the Court of the vessel, including its fishing gear, furniture, appurtenances, stores and cargo, and of any fish ordered to be forfeited without any impairment of their value, or payment of the monetary value thereof as determined by the Court. Section 169(6) Nothing in subsection (1) shall require a Court to release any vessel, vehicle, aircraft or other item if it may be required as an exhibit in court proceedings or is reasonably required for any further investigations of offences against this Act. - 170 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 170. Application of bond, etc
Applies bond and the discharge of any forfeiture ordered under this Act
Section 170. Application of bond, etc Section the discharge of any forfeiture ordered under this Act; and - 171 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 171. Unlawful removal of seized goods
Persons must not remove vessels, vehicles, aircraft or other items held under the Act and in the custody of the Government; unlawful removal makes the item liable to seizure and the person commits an offence punishable by a fine up to five thousand shillings or imprisonment up to five years or both.
Section 171. Unlawful removal of seized goods Section 171(1) No person shall remove a vessel, vehicle, aircraft or other item held under this Act and which is in the custody of the Government whether or not the person knew that the vessel, vehicle, aircraft or other item was held in the custody of the Government. Section 171(2) Where any vessel, vehicle, aircraft or other item held or forfeited under this Act has been unlawfully removed from the custody of the Government, the vessel, vehicle, aircraft or other item shall be liable to seizure anywhere at any time within the jurisdiction of Kenya. Section 171(3) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five thousand shillings or to a term of imprisonment not exceeding five years or to both. - 172 Verify source ↗
REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS - 172. Liability for loss, damage or deterioration of things in custody
The State is not liable to any person for loss, damage or deterioration of vessels, vehicles, aircraft or other items in the State's custody if the State takes reasonable care given the circumstances.
Section 172. Liability for loss, damage or deterioration of things in custody Section The State shall not be liable to any person for any loss, damage to or deterioration in the condition of any vessel, vehicle, aircraft or other item while in the custody of the State pursuant to this Act, provided that the State takes reasonable care given the circumstances.
Part XIX
MISCELLANEOUS
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MISCELLANEOUS - 208. Regulations
The Cabinet Secretary may make regulations to carry the Act into effect and may make regulations on many specified matters relating to fisheries.
Section 208. Regulations Section 208(1) The Cabinet Secretary may make regulations for the better carrying into effect of the provisions of this Act. Section 208(2)(a) prescribing the conditions to be fulfilled by foreign participation in fisheries, including conditions of licensing foreign fishing vessels; Section 208(2)(b) establishing the conditions of issue of, and procedures of application for, any licence or other authority under this Act or regulations thereunder, the form and the fees payable therefor; Section 208(2)(c) prescribing the conditions of issue of, and procedures of application for, any licence or other authority under this Act or regulations thereunder, the form and the fees payable therefor; Section 208(2)(d) regulating the handling, storage and processing of fish by prescribing methods of handling, storage and processing of fish; Section 208(2)(e) prescribing requirements for governing the safety and quality of fish, fish products and fish feed; Section 208(2)(f) providing for the management and control of fishing ports and fishing waters; Section 208(2)(g) the licensing of any person to engage in any form of fishing, or of handling, transporting, processing or selling of fish products; Section 208(2)(h) organizing and regulating the marketing and distribution of fish; Section 208(2)(i) providing for the registration of private marks to be used to distinguish the ownership of fishing gear; Section 208(2)(j) prohibiting or controlling the importation, exportation and introduction into Kenya of live fish of any kind or species; Section 208(2)(k) promoting and regulating or controlling the development of aquaculture establishments; Section 208(2)(l) controlling the exploitation of the Exclusive Economic Zone; Section 208(2)(m) development of recreational and ornamental fisheries and establishment of fishing camps; Section 208(2)(n) providing for fishing by Kenyan ships in the high seas; Section 208(2)(o) providing for the management and exploitation of inland, dam and riverine fisheries; Section 208(2)(p) providing for the management and exploitation of coastal fisheries; Section 208(2)(q) providing for control of the manufacture, importation, marketing and introduction in Kenya fishery waters of fishing gears; Section 208(2)(r) prescribing the forms to be used for various matters under the act; Section 208(2)(s) any other thing he may deem necessary for the promotion of fisheries in Kenya. - 209 Verify source ↗
MISCELLANEOUS - 209. Suprecession
If there is any conflict between this Act and any other law on fisheries matters, this Act's provisions prevail.
Section 209. Suprecession Section Where any conflict arises between the provisions of this Act and any other law in matters relating to fisheries, the provisions of this Act shall prevail.
Part XV
EVIDENCE
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EVIDENCE - 173. Certificate evidence
Allows a certificate to state whether a specified vessel was a Kenyan fishing vessel or a foreign fishing vessel on specified date(s).
Section 173. Certificate evidence Section a specified vessel was or was not on a specified date or dates a Kenyan fishing vessel or a foreign fishing vessel; - 174 Verify source ↗
EVIDENCE - 174. Validity and procedure for certificate
When a certificate made under section 175 is produced in proceedings, the prosecution is not obliged to call the certificate maker, and the Court shall, where material and unless the contrary is proved, rely on the facts stated in the certificate.
Section 174. Validity and procedure for certificate Section 174(1) Unless the contrary is proved, a document purporting to be a certificate issued under section 175 shall be deemed to be such a certificate and to have been duly issued. Section 174(2) Where a certificate is served on a defendant seven or more days before its production in court in any proceedings under this Act, the certificate shall, unless the contrary is proved, be sufficient evidence of all the facts averred in it. Section 174(3) Where a certificate is served upon a defendant fourteen or more days before its production in court and the defendant does not, within seven days of the date of service, serve notice of objection in writing on the prosecutor, then the certificate shall, unless the Court finds the defendant is unduly prejudiced by any failure to object, be conclusive proof of all the facts averred in it. Section 174(4) Where any objection is notified under subsection (3) the certificate shall, unless the contrary is proved, be sufficient evidence of all the facts averred in it. Section 174(5) Any certificate shall be titled "Certificate made under section 175 , Fisheries Management and Development Act" and no such certificate may be used as conclusive proof of the facts averred therein unless it is served with a copy of sections 175 and 177 of this Act. Section 174(6) Any omission from or mistake made in any certificate issued under section 175 shall not render it invalid unless the Court considers such omission or mistake is material to any issue in the proceedings concerned, or the defendant is unduly prejudiced by it. Section 174(7) Where in any proceedings a certificate made under section 175 is produced to the Court, the prosecution shall not be obliged to call the maker of the certificate and the Court shall, where material, rely on the facts therein unless the contrary is proved. Section 174(8) In this section "certificate" means a certificate issued under section 175 . - 175 Verify source ↗
EVIDENCE - 175. Certificate as to the location of a vessel
A certificate by an authorized officer stating the place or area where a vessel was at a stated date/time is evidence of that location unless the contrary is proved.
Section 175. Certificate as to the location of a vessel Section 175(1) Where in any proceedings under this Act the place or area in which a vessel is alleged to have been at a particular date and time or during a particular period of time is material to an offence committed, then a place or area stated in a certificate by an authorized officer shall be evidence, unless the contrary is proved, of the place or area in which the vessel was at the date and time or during the period of time stated. Section 175(2)(a) his name, address, official position, country of appointment and provision under which he is appointed; Section 175(2)(b) the name, if known, and call sign of the fishing vessel concerned; Section 175(2)(c) the date and time or period of time the vessel was in the place or area; Section 175(2)(d) the place or area in which it is alleged the vessel was located; Section 175(2)(e) the position fixing instruments used to fix the place or area stated in paragraph (d) and their accuracy within specified limits; Section 175(2)(f) a declaration that the authorized officer checked the position-fixing instruments a reasonable time before and after they were used to fix the position and they appeared to be working correctly; and Section 175(2)(g) where a position fixing instrument which is not judicially noticed as being accurate or a designated machine is used, a declaration that he checked the instrument as soon as possible after the time concerned against such instrument. Section 175(3) Section 172 shall apply to a certificate given under this section as if it had been a certificate issued under section 146 . Section 175(4) For the purposes of this section "authorized officer" shall include surveillance officers and those charged with similar responsibilities in other countries. - 176 Verify source ↗
EVIDENCE - 176. Electronic location device
Readings from electronic location devices integral to a vessel monitoring system are admissible and may be used as prima facie evidence; such readings may be from a printout or observed on a visual display unit; electronic location devices must be capable of producing the readings themselves and not merely be receivers of information.
Section 176. Electronic location device Section 176(1) The readings of any mobile transceiver unit or other electronic location device integral to a vessel monitoring system shall be admissible as evidence and may be used as prima facie evidence of the facts that they aver. Section 176(2) The readings of the devices referred to in subsection (1) may be made from a printout or as observed from a visual display unit. Section 176(3) Any electronic location device shall be required to be capable either wholly or partially in itself of producing the readings concerned and not merely be a receiver of information or data. - 177 Verify source ↗
EVIDENCE - 177. Photographic evidence
If a photograph of fishing activity shows the date, time and position superimposed on it, those details are prima facie evidence of when and where the photograph was taken.
Section 177. Photographic evidence Section 177(1) Where a photograph is taken of any fishing or fishing related activity and the date and time on and position from which the photograph is taken are simultaneously superimposed upon the photograph, the date and time shall be prima facie evidence that the photograph was taken on the date, at the time and in the position so appearing. Section 177(2)(a) the camera taking the photograph is connected directly to the instruments which provide the date, time and position concerned; and Section 177(2)(b) the instruments which provide the date, time and position are commonly recognised as being accurate or are designated machines or were checked as soon as possible after the taking of the photograph against such instruments. Section 177(3) The provisions of this section shall not affect the admissibility of photographic evidence in any way. - 178 Verify source ↗
EVIDENCE - 178. Presumptions
Section 178 sets out legal presumptions for evidence in proceedings under the Act, including presumptions about fish found on board vessels, logbook entries, certified extracts, position-fixing instruments, equipment readings, and who provided vessel information.
Section 178. Presumptions Section 178(1) All fish found on board any fishing vessel which has been used in the commission of an offence under this Act shall unless the contrary is proved, be presumed to have been caught during the commission of that offence. Section 178(2) All fish found on board any fishing vessel in respect of which false or misleading information or no information has been provided prior to the vessel's entry into port as required pursuant to this Act, shall unless the contrary is proved, be presumed to have been caught during the commission of an offence or during illegal, unreported or unregulated fishing activities. Section 178(3) Where, in any legal proceedings under this Act, the place in which an event is alleged to have taken place is in issue, the place stated in the relevant entry in the logbook or other official record of any enforcement vessel or aircraft as being the place in which the event took place shall be presumed to be the place in which the event took place. Section 178(4) The production of a written copy or extract of the entry certified by a fisheries inspector as a true copy of the accurate extract shall be prima facie evidence of an entry in a logbook or other official record of an enforcement vessel or aircraft. Section 178(5)(a) an authorized officer gives evidence of reasonable grounds to believe any fish to which the charge relates were taken in a specified area of the fishery waters or taken by the use of illegal gear, and Section 178(5)(b) the Court considers that, having regard to that evidence the grounds are reasonable, Section 178(6) Where any information is given for a fishing vessel under this Act or an access agreement in relation to any fishing activity of a fishing vessel, it shall be presumed to have been given by the master, owner or charterer of the vessel concerned, unless it is proved it was not given or authorized to be given by any of them. Section 178(7) Any entry in writing or other mark in or on any log, chart or other document required to be maintained under this Act or used to record the activities of a fishing vessel shall be deemed to be that of the master, owner and charterer of the vessel, unless proven otherwise. Section 178(8) Any position fixing instrument on board a vessel or aircraft used for the enforcement of this Act shall be presumed to be accurate. Section 178(9) For the purposes of subsection (6), a position fixing instrument shall be deemed to be any device which indicates the location of a vessel, including but not limited to any global positioning system. Section 178(10) The readings from any vessel monitoring, communications or navigation equipment required under this Act, either made from a printout or observed from a visual display unit, and which are capable either wholly or partly of producing the readings concerned and are not merely receivers of information or data, when checked for correct working and read by a competent operator, shall, unless the contrary is proved, be presumed to give accurate readings within the manufacturers specified limits. Section 178(11) Unless the contrary is proved, any person who is found in possession of any illegal fishing gear, including explosives, poison or any device capable of producing an electric shock on or near the fishery waters shall be presumed to be undertaking an unlawful activity contrary to this Act. - 179 Verify source ↗
EVIDENCE - 179. Onus of proof
Where a person is charged in proceedings under this Act, the onus is on that person to prove specified facts (possession of required permission, lawful purpose for entry into fishery waters under section 127, or truthfulness of information under section 80).
Section 179. Onus of proof Section 179(1) Where, in proceedings under this Act, a person is charged with having committed an offence involving an act for which a license, authorization or other permission is required, the onus shall be on that person to prove that at the relevant time, the requisite license or authorization or other permission was held by that person. Section 179(2) Where a person is charged with the contravention of section 127 , the onus shall be on that person to prove that his entry into the fishery waters was for a purpose recognized by international law. Section 179(3) Where a person is charged with the contravention of section 80 , the onus shall be on that person to prove that the information given was true, complete and correct. - 180 Verify source ↗
EVIDENCE - 180. Interference with evidence and avoidance of seizure
People are prohibited from destroying, discarding, removing or interfering with fish, equipment, documents, premises or other items to avoid seizure or detection; contravention is an offence punishable by up to KSh 500,000 or up to five years' imprisonment, or both.
Section 180. Interference with evidence and avoidance of seizure Section 180(1) No person shall, being on board any vessel being pursued, about to be boarded or notified that it shall be boarded by an authorized officer, whether in the Kenya fishery waters or beyond areas under national jurisdiction, who throws overboard or destroys any fish, equipment, document, explosive, noxious substance or other item with intent to avoid its seizure or the detection of any offence against this Act. Section 180(2) No person shall destroy or abandon any fish, fishing gear, net or any other fishing appliance, electric shock device, explosive, poison or any other noxious substance, or any other thing with intent to avoid their seizure or the detection of an offence against this Act. Section 180(3) No person shall remove from legal custody any vessel, fish, equipment or other item, or do any act or omission by which a vessel, fish, equipment or other item held in legal custody may be so removed, whether or not he knew that the vessel, fish, equipment and other item was being held in custody. Section 180(4) No person shall intentionally, recklessly or negligently destroy, damage, render inoperative or otherwise interfere with any premises or licensed aquaculture establishment. Section 180(5) A person who contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding five years or to both. - 181 Verify source ↗
EVIDENCE - 181. Tampering with item, etc. that may be used in evidence of non-compliance with the Act
People must not tamper with items, documents or things that may be used as evidence of non-compliance with the Act.
Section 181. Tampering with item, etc. that may be used in evidence of non-compliance with the Act Section 181(1) No person shall tamper with any item, document or thing that may be used in evidence of non-compliance with this Act, including evidence relating to the catching, loading, landing, handling, transhipping, transporting, processing, possession, aquaculture and disposal of fish. Section 181(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding five years or to both.
Part XVI
SUMMARY ADMINISTRATIVE PROCEEDINGS
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SUMMARY ADMINISTRATIVE PROCEEDINGS - 182. Decision to proceed administratively
Director-General may proceed administratively against a charged person with Cabinet Secretary consultation and Attorney-General consent; must notify the charged person who then has 24 hours to consent to compounding; failure to respond within 24 hours leads to prosecution; consenting causes seizure and waiver consequences; Director-General or designee may handle matters after written consent.
Section 182. Decision to proceed administratively Section 182(1) The Director-General may, after consultation with the Cabinet Secretary and the written consent of the Attorney-General, proceed administratively against any person who has been charged with a contravention of this Act. Section 182(2) The Director-General shall promptly notify the person charged that the person may, within twenty four hours of receiving such notification, consent to the compounding of the offence under this section. Section 182(3)(a) consent to compounding proceed after being fully informed about these proceedings. Section 182(4)(a) not engage in any activity within the scope of this Act until the penalty has been paid in full; and Section 182(4)(b) be deemed to have consented to any seizure in accordance with this Act in relation to the offence, and to have waived any right to a hearing in the judicial process. Section 182(5) Upon receiving the written consent under subsection (4), the Director-General or his designee may handle the matter in accordance with this Part, in consultation with the Director-General of Public Prosecutions. Section 182(6) Where the person fails to respond to the Director-General's written notice within twenty-four hours, the Director-General shall refer the matter to prosecution. - 183 Verify source ↗
SUMMARY ADMINISTRATIVE PROCEEDINGS - 183. Summary administrative proceedings
Section 183 sets rules for compounding offences including binding effects on payment, timelines for payment, powers for the Director-General to release seized items or confiscate gear, a right of defence if an offence was compounded, permission to enter instalment payment agreements with the Director-General and Attorney-General, and a right to appeal the Director-General's decisions to the High Court within thirty days.
Section 183. Summary administrative proceedings Section 183(1)(a) not exceed the maximum fine or penalty prescribed under this Act, for the offence being compounded, in addition to the fair market value of any fish caught illegally; Section 183(1)(b) not be less than the minimum level of fine calculated in conformity with the guidelines required pursuant to section 189 ; and Section 183(1)(c) where the person charged has committed the same or a similar offence in the past, an amount not less than the fine previously set plus an additional ten per cent. Section 183(2) The compounding of an offence under this section shall be binding on the payment of the penalty and the notification in writing upon payment, under the signature of both parties, to the appropriate Court. Section 183(3) The compounding procedure shall be null and void if the full amount of the penalty as determined under subsection (1) is not paid within three working days of the notification of the assessment of the penalty assessment to the person charged and the matter shall immediately be referred to the Court. Section 183(4) When the penalty is paid in full under this section, the Director-General may order the release of any article, items, fish or fish products seized under this Act or proceeds of sale of such items, fish or fish products on such conditions as he or she may determine. Section 183(5) Where the person is unable to pay the determination in full, that person may enter into an agreement for payment in instalments with the Director-General and Attorney-General. Section 183(6) In any proceedings brought against any person for an offence against this Act, it shall be a defence if such person proves that the offence for which he is charged has been compounded under this section. Section 183(7) The Director-General may confiscate any fishing gear or other appliance used for illegal fishing connected with the vessel. Section 183(8) Any person aggrieved by a decision of the Director-General under this section may appeal to the High Court within thirty days of the Director-General's decision.
Part XVII
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS
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JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 184. Jurisdiction of the Court
Section 184 sets out when offences are treated as within Kenya fishery waters (subsections (1)(a)–(d)), deems acts committed outside those waters by authorised officers exercising powers under the Act to be within Kenya fishery waters (subsection (2)), and allows an information or charge for an offence under the Act to be laid within one year of the commission of the offence (subsection (3)).
Section 184. Jurisdiction of the Court Section 184(1)(a) by a person or in respect of a vessel within the Kenya fishery waters; Section 184(1)(b) outside the Kenya fishery waters by any Kenya citizen, or in respect of a vessel or by person ordinarily resident in Kenya; Section 184(1)(c) outside the Kenya fishery waters by any person or vessel in contravention of section 104 ; or Section 184(1)(d) by any person on board any Kenya fishing vessel, Section 184(2) Where an authorized officer is exercising any powers conferred on him outside the Kenya fishery waters in accordance with this Act, any act or omission of any person in contravention of a provision of this Act shall be deemed to have been committed within the Kenya fishery waters. Section 184(3) Notwithstanding any provision of any other law, an information or charge in respect of any offence against this Act may be laid at any time within one year of the commission of the offence. - 185 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 185. Conduct of prosecutions
Any authorized officer may, subject to the Director of Public Prosecutions' direction, conduct prosecutions under this Act or its regulations, and shall have the powers of a public prosecutor under the Criminal Procedure Code (Cap. 75).
Section 185. Conduct of prosecutions Section Any authorized officer may, subject to the direction of the Director of Public Prosecutions, conduct any prosecution for any offence under this Act or the regulations made thereunder, and shall for that purpose have all the powers conferred upon a public prosecutor by the Criminal Procedure Code (Cap. 75). - 186 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 186. Forfeiture
Certain items involved in the commission of an offence — including fish and fish products, fishing vessels (with their gear and stores), vehicles, aircraft, gear, equipment, explosive or noxious substances, fish on board vessels/vehicles/aircraft, fish or fish products in storage used in the offence, and proceeds from sale of fish — are subject to forfeiture.
Section 186. Forfeiture Section 186(1)(a) any fish, fish product, fishing vessel (including its gear, furniture, appurtenances, stores, cargo and aircraft), vehicle, aircraft, gear, equipment, explosive or noxious substance taken, used or otherwise involved in the commission of the offence; Section 186(1)(b) where a fishing vessel, vehicle or aircraft was used in the commission of an offence, any fish on board such vessel, vehicle or aircraft at the time of the offence; Section 186(1)(c) where a storage facility was used in the commission of the offence, any fish or fish products in the facility at the time of the commission of the offence; or Section 186(1)(d) where any fish has been sold under section 166 , the proceeds of the sale of the fish. Section 186(2)(a) the fishing vessel; Section 186(2)(b) any gear and other equipment that was on the vessel concerned at the time of the offence; and Section 186(2)(c) all fish or fish products on board the vessel at the time of the offence, or where the fish products have been sold, the proceeds of sale. - 187 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 187. Disposition of forfeited property
Forfeited vessels or other property become the property of the State; the State may lease or sell such property (sales by tender or agreement require approval by the Director-General and endorsement by the Cabinet Secretary); the Director-General and persons acting for him are not liable for costs or damages from decisions under subsection (2).
Section 187. Disposition of forfeited property Section 187(1) Any vessel or other property or security forfeited under this Act becomes the property of the State. Section 187(2)(a) retained; Section 187(2)(b) leased; or Section 187(2)(c) sold by the State by tender or by agreement approved by the Director-General and endorsed by the Cabinet Secretary, Section 187(3) The Director-General or any person acting on his behalf shall not be liable in any way of any costs incurred or damages sustained as of a decision taken under subsection (2). - 188 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 188. Deprivation of monetary benefits
A court that convicts a person may inquire into and, based on reliable expert evidence, impose a fine equal to the pecuniary benefit obtained from the offence; when imposing such a fine the court must report in writing the expert evidence details.
Section 188. Deprivation of monetary benefits Section 188(1) A Court convicting a person of an offence under this Act may summarily and without pleadings inquire into the pecuniary benefit acquired or saved by the person as a result of the commission of the offence, and may, upon reliable expert evidence otherwise admissible in a court of law and in addition to any other penalty imposed, impose a fine equal to the Court's estimation of that pecuniary benefit, despite any maximum penalty elsewhere provided. Section 188(2) The Court shall, in imposing a fine pursuant to subsection (1), report fully in writing on details of the expert evidence upon which its judgment was based. - 189 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 189. Costs incurred by State
The Court may recover costs and must impose those costs in addition to any fine; the Government must serve written details of pursuit costs to the defendant 14 days before trial if it intends to apply for them.
Section 189. Costs incurred by State Section 189(1)(a) the seizure of a fishing vessel, vehicle or aircraft or other an offence against this Act, including any relevant costs of pursuit of the vessel, vehicle or aircraft; Section 189(1)(b) the prosecution for an offence in accordance with this Act; and Section 189(1)(c) the repatriation of the master or crew of any vessel seized under this Act. Section 189(2) The amount of any costs or expenditure by the Court under subsection (1) may be recovered in the same manner as a fine and shall be imposed in addition to any fine or penalty that may be ordered by the Court. Section 189(3) Nothing in subsection (1) shall be deemed to allow for the recovery of any cost or expenditure that has already been recovered pursuant to any other order made under this Act. Section 189(4) If it intends to apply for pursuit costs in accordance with subsection (1), the Government shall, fourteen (14) days prior to a trial related to the offence, serve the defendant with written details of those costs. - 190 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 190. Liability for non-payment of pecuniary penalties
Pecuniary penalties, forfeitures, rents, charges, expenses, duties and other sums payable under this Act may be sued for, determined, enforced and recovered by civil proceedings in a court of competent jurisdiction in the name of the State as the nominal plaintiff.
Section 190. Liability for non-payment of pecuniary penalties Section All pecuniary penalties not specifically designated as fines and all forfeitures incurred under or imposed pursuant to this Act, and the liability to forfeiture of any article seized under the authority thereof, and all rents, charges, expenses and duties and all other sums of money payable under this Act may be sued for, determined, enforced and recovered by suit or other appropriate civil proceedings in a court of competent jurisdiction in the name of the State as the nominal plaintiff. - 191 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 191. Liability for loss or damage
A person convicted of an offence under this Act is liable for any loss or damage caused and the Court may order restitution in addition to a fine, recoverable as a fine.
Section 191. Liability for loss or damage Section 191(1) A person who commits an offence against this Act shall, upon conviction, be liable for any loss or damage caused by the offence and the amount of the loss of such damage may be awarded by the Court as restitution in addition to, and recovered in the same manner as a fine. Section 191(2)(a) detecting, apprehending, investigating or prosecuting the offence; and Section 191(2)(b) detaining or seizing any property, fish, article or thing in respect of that offence. - 192 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 192. Civil liability of officers of companies
Officers of companies and similar enterprises are personally liable for violations or offences under this title by members or employees.
Section 192. Civil liability of officers of companies Section 192(1) Subject to subsection (2), in this section, each officer of a partnership, corporation, firm, company or any other business enterprise engaged in activities governed by this Act shall be personally liable for any violation of or offence committed under this title by any member or employee. Section 192(2) It shall be a defence to liability under this section for the officer referred to in subsection (1) to prove that he or she used due diligence to secure compliance with this Act or that the violation or offence was committed without that officer's knowledge, consent, collusion or collaboration. - 193 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 193. Liability of operators
For proceedings under the Act, the act or omission of a crew member of a fishing vessel (or in association with it) is treated as the act or omission of the vessel's operator, unless expressly provided otherwise.
Section 193. Liability of operators Section In any proceedings under this Act, the act or omission of a crew member of a fishing vessel or in association with a fishing vessel shall unless otherwise expressly provided, be deemed to be that of the operator of the vessel. - 194 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 194. Continuing offences and repeat offenders.
If a person charged has committed a similar offence before, they must be charged a fine not less than the previous fine plus an additional ten percent.
Section 194. Continuing offences and repeat offenders. Section 194(1) Each day of a continuing offence shall be considered a separate offence. Section 194(2) Where the person charged has committed a similar offence in the past, a fine of an amount not less than that previously penalized plus an additional ten percent shall be charged. - 195 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 195. Banning order
If a person is convicted under this Act, the Court may order that person be banned from going on or remaining aboard any fishing vessel in Kenyan fishery waters for up to five years.
Section 195. Banning order Section Where a person has been convicted of an offence against this Act, the Court may in addition to any other penalty or forfeiture, order that for a period not exceeding five years that person be banned from going on or remaining aboard any fishing vessel in the Kenyan fishery waters. - 196 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 196. Citizen suits and civil enforcement
A person who suffers loss or damage from a breach of this Act or its regulations may sue in court against any responsible person, except the Government and its employees.
Section 196. Citizen suits and civil enforcement Section A person who incurs loss or damage as a result of harmed by a violation of any provision of this Act or the accompanying regulations may bring a civil action in a court of competent jurisdiction against any responsible person, (except the Government and its employees). - 197 Verify source ↗
JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS - 197. Injunctions
A court of competent jurisdiction may issue an injunction to enforce any provision of this Act against any person, including the Ministry.
Section 197. Injunctions Section A court of competent jurisdiction may issue an injunction to enforce any provision of this Act against any person including the Ministry.
Part XVIII
ESTABLISHMENT OF FISH MARKETING AUTHORITY
- 198 Verify source ↗
ESTABLISHMENT OF FISH MARKETING AUTHORITY - 198. Establishment of Fish Marketing Authority
Establishes the Kenya Fish Marketing Authority, describes its corporate capacities and states its headquarters are in Nairobi.
Section 198. Establishment of Fish Marketing Authority Section 198(1) There is established a body to be known as the Kenya Fish Marketing Authority. Section 198(2)(a) suing and being sued; Section 198(2)(b) taking, purchasing and disposing of movable and immovable property; and Section 198(2)(c) doing such other things necessary for the proper discharge of its functions under this Act, which may be lawfully done or performed by a body corporate. Section 198(3) The headquarters of the Fish Marketing Authority shall be in Nairobi. - 199 Verify source ↗
ESTABLISHMENT OF FISH MARKETING AUTHORITY - 199. Objects and purpose
The Fish Marketing Authority's purpose is to market fish and fisheries products from Kenya.
Section 199. Objects and purpose Section The object and purpose of the Fish Marketing Authority shall be to market fish and fisheries products from Kenya. - 200 Verify source ↗
ESTABLISHMENT OF FISH MARKETING AUTHORITY - 200. Functions of the Fish Marketing Authority
The Fish Marketing Authority has the function to develop, implement and co-ordinate a national fish marketing strategy.
Section 200. Functions of the Fish Marketing Authority Section develop, implement and co-ordinate a national fish marketing strategy; - 201 Verify source ↗
ESTABLISHMENT OF FISH MARKETING AUTHORITY - 201. Board of Directors
Section 201 establishes the Board of Directors composition and roles: lists appointed members, requires certain nominations be laid before the National Assembly for approval, requires staggered appointments, obliges the Board to ensure proper performance of the Authority's functions, permits the Board to enter into partnerships domestically or internationally to further its objects, and provides that members are paid remuneration and allowances as determined by the Cabinet Secretary.
Section 201. Board of Directors Section 201(1)(a) a Chairperson appointed by the President; Section 201(1)(b) the Principal Secretary of the Ministry for the time being responsible for matters relating to fisheries or his representative; Section 201(1)(c) the Principal Secretary of the ministry for the time being responsible for matters relating to finance or his representative; Section 201(1)(d) The Principal Secretary for the time being responsible for matters related to Trade and Industry; Section 201(1)(e) The Principal Secretary in the ministry for the time being responsible for planning and economic development, or his representative; Section 201(1)(f) one person, who has knowledge and experience in matters relating to fisheries, nominated by the Council of Governors; Section 201(1)(g) the Chief Executive Officer of the Fund; Section 201(1)(h) the Chief Executive Officer of the Fish Marketing Authority, who shall be the secretary; and Section 201(1)(i) two shall be nominated by the registered national fisheries associations; and Section 201(1)(i)(i) two shall be nominated by the registered national fisheries associations; and Section 201(1)(i)(ii) two shall be persons with knowledge or experience in matters relating to international fisheries, finance, business administration, law, marketing or a related discipline. Section 201(2) The names of persons proposed for appointment under subsection (1)(a) and (h) shall, before they are appointed, be laid before the National Assembly for approval. Section 201(3) The members of the Board of Directors shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times. Section 201(4) The Board of Directors shall ensure the proper and effective performance of the functions of the Fish Marketing Authority. Section 201(5) The Board of Directors may enter into partnership with other body or organization within or outside Kenya as it may consider appropriate, in furtherance of the objects of the Fish Marketing Authority. Section 201(6) The members of the Board of Directors shall be paid remuneration and allowances determined by the Cabinet Secretary, in consultation with the Cabinet Secretary responsible for matters relating to finance. - 202 Verify source ↗
ESTABLISHMENT OF FISH MARKETING AUTHORITY - 202. Tenure of office and vacation of office
Members appointed under section 201 serve three-year terms and may be re-appointed once; non‑ex officio members may resign in writing; absence from three consecutive meetings without sufficient cause leads to cessation; the Cabinet Secretary decides on vacancies caused by inability and appoints replacements in specified circumstances.
Section 202. Tenure of office and vacation of office Section 202(1) A member of the Board of Directors appointed under section 201 (1)(a) and (f) shall hold office for a term of three years but shall be eligible for re-appointment for one further term of three years. Section 202(2) A member of the Board of Directors, other than an ex officio member may, at any time, resign from office by giving notice, in writing, addressed to the appointing authority Section 202(3) A member of the Board of Directors, other than an ex officio member, who is absent from three consecutive meetings of the Board of Directors without sufficient cause shall cease to be a member of the Board of Directors. Section 202(4) Where a member of the Board of Directors is, for sufficient cause, unable to act as a member, the Cabinet Secretary shall determine whether the inability would result in the declaration of a vacancy. Section 202(5)(a) under subsection (2) or (3) or section 35 (2); or Section 202(5)(b) as a result of declaration under subsection (4); or Section 202(5)(c) by reason of the death of a member, the Cabinet Secretary shall appoint another person in accordance with the provisions of section 201 (1) to fill that vacancy. - 203 Verify source ↗
ESTABLISHMENT OF FISH MARKETING AUTHORITY - 203. Conduct of meeting of the Authority
Meetings of the Board of Directors must be conducted in accordance with the Third Schedule.
Section 203. Conduct of meeting of the Authority Section The conduct of the meetings of the Board of Directors shall be in accordance with the Third Schedule. - 204 Verify source ↗
ESTABLISHMENT OF FISH MARKETING AUTHORITY - 204. Disclosure of interest
Board members must disclose any interest in matters before the Board and must not take part in related deliberations; failure to disclose leads to cessation of membership.
Section 204. Disclosure of interest Section 204(1) A member of the Board of Directors who has an interest in a matter for consideration by the Board of Directors shall disclose, in writing, the nature of that interest and shall be disqualified from participating in any deliberations of the Board of Directors relating to that matter. Section 204(2) A member who fails to disclose interest in a matter in accordance with subsection (1) shall cease to be a member of the Board of Directors. - 205 Verify source ↗
ESTABLISHMENT OF FISH MARKETING AUTHORITY - 205. Delegation of functions
The Board of Directors may, by resolution, delegate any of its powers or the performance of its functions or duties to a board committee or to a member, officer, employee or agent of the Fish Marketing Authority, subject to this Act.
Section 205. Delegation of functions Section Subject to this Act, the Board of Directors may, by resolution either generally or in any particular case, delegate to any committee of the Board of Directors or to any member, officer, employee or agent of the Fish Marketing Authority, the exercise of any of the powers or, the performance of any of the functions or duties of the Board of Directors under this Act. - 206 Verify source ↗
ESTABLISHMENT OF FISH MARKETING AUTHORITY - 206. Appointment of chief executive and other staff
The Cabinet Secretary must appoint a Chief Executive Officer for the Fish Marketing Board by competitive process, with qualification requirements, a three-year term eligible for one re-appointment, and the Board may appoint other necessary staff.
Section 206. Appointment of chief executive and other staff Section 206(1) The Cabinet Secretary shall, in consultation with the Board of Directors and subject to subsection (2), through a competitive process, appoint a person to be the Chief Executive Officer of the Fish Marketing Board. Section 206(2) A person shall not be qualified for appointment as the Chief Executive Officer under subsection (1) unless that person has an advanced degree in marketing, business administration or related discipline and has at least ten years' experience at a senior management level in matters relating to Fisheries, marketing or other related sector. Section 206(3) The chief executive officer shall hold office for a term of three years and shall be eligible for re-appointment for one further term. Section 206(4) The Board of Directors may appoint such officers and other staff as may be necessary for the proper and effective performance of the functions of the Fish Marketing Authority. - 207 Verify source ↗
ESTABLISHMENT OF FISH MARKETING AUTHORITY - 207. Funds of the Fish Marketing Authority
Section 207 lists the Authority's funding sources, requires expenditures to be paid out of the Authority's general fund, and allows the Authority to invest surplus funds with finance Cabinet Secretary approval.
Section 207. Funds of the Fish Marketing Authority Section 207(1)(a) monies appropriated by Parliament for the purposes of the Fish Marketing Authority; Section 207(1)(b) monies that may accrue to or vest in the Fish Marketing Authority in the course of the performance of its functions under this Act or any other law and approved by Parliament; Section 207(1)(c) monies provided to the Fish Marketing Authority from the Fund; Section 207(1)(d) donations, grants and gifts made to the Fish Marketing Authority, and Section 207(1)(e) monies from any other source approved by the Cabinet Secretary for the time being responsible for matters relating to finance. Section 207(2) There shall be paid out of the general fund of the Fish Marketing Authority any expenditure incurred by the Fish Marketing Authority in the exercise of its powers or the performance of its functions under this Act. Section 207(3) The Fish Marketing Authority may, subject to the approval of the Cabinet Secretary for the time being responsible for finance, invest funds not immediately required for its purposes.
Part XX
REPEALS AND TRANSITIONAL
- 210 Verify source ↗
REPEALS AND TRANSITIONAL - 210. Repeals and transitional provisions
Section 210 sets out repeals and transitional arrangements: specified earlier fisheries statutes are repealed; licences/permits in force are deemed granted under this Act with Cabinet Secretary approval; property, contracts, and staff are transferred or vested subject to Cabinet Secretary approval; public officers are deemed seconded to the Service; employees with outstanding disciplinary penalties must serve them on transfer.
Section 210. Repeals and transitional provisions Section 210(1)(a) the Fisheries Act (Cap. 378); Section 210(1)(b) the Trout Ordinance (Cap. 380); Section 210(1)(c) the Fisheries Protection Act (Cap. 379). Section 210(2)(a) any licences or permits granted under those Acts and in force immediately before the commencement of this Act shall, with the approval of the Cabinet Secretary, be deemed to have been granted under the provisions of this Act, and shall remain in force until revoked in accordance with any terms in that regard set out in the licence, as the case may be, or renewed as a licence under this Act; Section 210(2)(b) all property, except such property as the Cabinet Secretary may determine, which immediately before the commencement of this Act was vested in the Government for the use of the Fisheries Department, shall with approval of the Cabinet Secretary, and, upon the taking effect of a notice by the Cabinet Secretary published in the Gazette , and without further assurance, vest in the Service, subject to all interests, liabilities, charges, obligations and trusts affecting such property; Section 210(2)(c) except as otherwise provided in paragraph (b) in relation to property, all contracts, debts, obligations and liabilities of the Government attributable to the Fisheries Department immediately before the commencement of this Act shall, with the approval of the Cabinet Secretary, remain vested in the Government and may be enforced by or against the Government; Section 210(2)(d) all persons, being public officers, who, immediately before the commencement of this Act, are employed by the Government for the purposes of the activities of the Fisheries Department, shall at the commencement of this Act be, deemed to be on secondment to the Service in accordance with this Act, or their deemed secondment otherwise ceases in accordance with the terms of such secondment; Section 210(2)(e) where, at the commencement of this Act, any penalty, other than dismissal, has been imposed on any employee of the Fisheries Department pursuant to disciplinary proceedings against such employee, and the penalty has not been or remains to be served by such employee, such employee shall, on his transfer to the Service, serve or continue to serve such penalty to its full term as if it had been imposed by the Service.
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