The Fisheries Management And Development Bill, 2023

SPECIALISSUE

Kenya Gazette Supplement No.91 (National Assembly Bills No.29)

REPUBLIC OFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2023

NAIROBI,16thJune,2023

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | The Fisheries Management and Development Bill,2023 | 819 |

PRINTEDANDPUBLISHEDBYTHE GOVERNMENTPRINTER,NAIROBI

THEFISHERIESMANAGEMENTAND DEVELOPMENT BILL,2023

ARRANGEMENT OF CLAUSES

Clause

PARTI-PRELIMINARY

• 1-Citation and commencement.
• 2-Interpretation.
• 3—Jurisdiction and sovereign rights of Kenya.
• 4Application.
• 5—Objective and principles.

PARTII-THE KENYA FISHERIES COUNCIL

• 6-Establishment of the Kenya Fisheries Council.

PARTIII-THE KENYA FISHERIESSERVICE

• 7-Establishment and status.
• 8-Headquarters.
• 9-Functions of Service.
• 10Establishment,functions,powers and duties of the Board of Directors.
• 11—Membership of the Board.
• 12-Termination of appointment as a member of the Board.
• 13—Disclosure ofinterest.
• 14—Meetings of the Board.
• 15-Appointment of the Director-General.
• 16Functions of the Director-General.
• 17-Other staffof theService
• 18-Authorized officers.
• 19-Honorary fisheries officers.
• 20-Establishment of Monitoring. Control and Surveillance Unit.
• 21—Inter-agency monitoring,control and surveillance unit.

22—Funds of the Service.

PARTIV-FINANCIALAND ADMINISTRATIVE PROVISIONS

• 23-Financial Year.
• 24Annual estimates.

25Accounts and Audit

• 26-Director-General to report to the Board.
• 27-Fisheries Research and Development Fund
• 28-Fish Levy Trust Fund
• 29-Director-General to report to the Board.

PART V-FISHERIES CONSERVATION,MANAGEMENT

ANDDEVELOPMENT

• 30-Fisheries development measures.

Fisheries Developmeni Measures

• 31-Notification by the Director-General

Internationalfisheriesconservation andmanagementmeasures

• 32-Implementation ofinternational conservation and management measures.

Co-ordination offisheriesmanagementwith Counties,shared

fisheries management

• 33-Director-General tokeep Counties informed ofmanagement measures,processes.
• 34County may develop fisheries management plans
• 35-County to submit fisheries management plans to Director-
• General for endorsement.
• 36-Relations between National and County govermments.
• 37Establishment of Beach Management Units.

Fisheries Conservation and Management

• 38-Responsibility for planning fisheriesmanagement.
• 39-Fisheries management plans.
• 40-Fisheries management measures.

• 41-Limitation offishing and fishingrelated activities.
• 42-Prohibited fishinggear and methods.
• 43-Damage,destruction to and interference with fishing gear, vessel,person prohibited
• 44Leaving or abandoning objects in the sea prohibited.
• 45-Declaration of endangered species of fish.
• 46Prohibitions and requirements for marine mammals.
• 47-Marine Protected Areas.
• 48-Fisheries impact assessments.
• 49Pollution of theKenya FisheryWaters.
• 50Fish landing stations,etc.
• 51—Placing of live fish.
• 52-Director-General to direct stock assessments,collection and analysis ofother information and forward to theBoard.
• 53-Prohibited activitiesrelating to fish or fish products taken
• contrary to the laws of another State.

PARTVI-IMPORT,EXPORTANDTRADEAND MARKETING OFFISHAND FISH PRODUCTS

• 54Import and release of live fish.
• 55-Export of live fish.
• 56Possession and trade in fish,fish product or other marine
• resources prohibited.
• 57-Promotion of fish production and marketing.

PARTVII-FISH QUALITYAND SAFETY

• 58-Competent authority.
• 59-Harmonization of fish safety and quality standards.
• 60-Sale,export of adulterated or contaminated fish,or fish products prohibited.

PARTVIII-AQUACULTURE

• 61-Aquaculture activities requirements.
• 62-Aquaculture development plan

• 63—Collaboration with Counties.
• 64Prohibited to deprive community of traditional access to fisheries.
• 65-Countysresponsibility to monitor non-commercial aquaculture activities.
• 66Permission of Director-General and approval by Board required
• 67Director-General's authority to inspect, seize fish destined for import or expert or diseased,highly invasive fish.
• 68-Aquaculture waste.
• 69-Escapement.
• 70-Use of drug,chemical,etc.restricted
• 71-Information on wild,genetically modified species
• 72-Interfering with aquaculture establishmentprohibited.
• 73-Trans-boundary aquaculture ecosystems.
• 74-Regulations forAquaculture.

PARTIX-INFORMATION,DATAAND RECORDS

• 75-Information,data and records.
• 76Ownership ofinformation
• 77Information in partnership agreements between vessel agents
• and vessel owners.
• 78—Information on labels of containers,etc.containing fish harvested in Kenya fishery waters.
• 79-Information to be true,complete and correct.
• 80-Confidential information.
• 81-Registers of licences and authorizations.
• 82-Information on legal and administrative action taken in respect
• ofviolations of the Act.
• 83-Information available topublic.

PARTX-LICENSINGAND REGISTRATION

Licences,authorizations andregistration

84-Licences and authorizations required

• 85-Subsistence exemption from licence requirements.
• 86Grant,renewal and issuance of licences and authorizations.
• 87-Standards for approval,renewal and issuance of licences and authorizations.
• 88-Requirements for denial of licences and authorizations.
• 89-Application for the grant orrenewal of licences or
• authorizations.
• 90-Terms and conditions of licences and authorizations
• 91-Preference for employment of citizens ofKenya
• 92-Period ofvalidity of licencesand authorizations.
• 93-Fees,charges or levies.
• 94 Suspension or cancellation of licence or authorization.
• 95-Termination of licences and authorizations.
• 96-Transfer of licences and authorizations.
• 97-Right of appeal.

Fishing,transshipment and fishaggregating devices

• 98Conditions for fishing for industrial or semi-industrial fishing vessels.
• 99-Conditions for industrial fishing vessels.
• 100—Reportingrequirements for industrial fishing vessels.
• 10l-Conditions forsemi-industrial fishing vessels.
• 102-Reportingrequirements for semi-industrial fishing vessels.
• 103-Conditions for recreational fishing vessels.
• 103-Requirements for transhipment.
• 105-Deployment andmaintenance of a fish aggregating device.
• 106-Designated fish aggregating device.
• 107-Markings,equipment forfish aggregating devices.
• 108Disposal of unauthorized fish aggregating devices.

Fishprocessing and marketing

109Conditions for fish processing licence

• 110-Period ofvalidity,renewal,additional conditions and suspension of fish processing licence.
• 11l-Inspectors torequest information andkeeprecords
• 112Returns.

Aquaculture

• 113-Establishment and operation of aquaculture.
• 114Registration of Aquaculture Establishment,notice of transfer.
• 115-Aquaculture permits.
• 116-Application for an aquaculture licence.
• 117-Standards for approval of aquaculture licence.
• 118-Inspection ofproposed site.
• 119-Conditions for aquaculture licences.
• 120-Exclusiverights.
• 121-Registration of artisanal fishing vessels.
• 122-Registration ofvessels.
• 123-Applications for licences,etc.

PARTXICOMPLIANCEWITHACT,LICENCES, AUTHORIZATIONSANDREQUIREMENTSFORFISHING VESSELSENTERING,NAVIGATINGOREXITINGTHEKENYA FISHERYWATERS

• 124Unlicensed activitiesprohibited.
• 125-Foreign fishing vessels.
• 126Stowage of fishing gear.
• 127-Transshipment at sea prohibited.

PART XII-REQUIREMENTS FOR FOREIGNFISHING VESSELSORVESSELSFISHINGUNDERCHARTER ARRANGEMENTS

• 128-Fisheries access.
• 129-Fisheries access requirements.
• 130-Fisheries accessreview.
• 131-Requirements forjoint venture and charter agreements,rights and vessel licensing for foreign fishing vessels.

• 132-Agents or companies to designated for purposes of legal
• process,information.
• 133-Preference forKenyaproducts.
• 134Performance bond.
• 135-Force majeure or distress.

PARTXIII-MONITORING,CONTROLAND SURVEILLANCE

Powers of authorized officers

• 136Authority and general powers of authorized officers.
• 137-Identification of authorized officers.
• 138-Declaration of boarding and inspection.
• 139-Powers ofhot pursuit.
• 140-Powers of entry and search of authorized officers.
• 141-Power to take, detain,remove and secure information and
• evidence.
• 142-Power of arrest.
• 143-Power to give direction.
• 144-Seizure ofvessels,etc
• 145-Removal ofparts from seized vessels,etc.
• 146Authority of authorized officer or inspector in relation to abandoned fishingvessels,fishing gear,fish or fish products

Appointment andfunctionsof.and duties to,observers and inspectors

• 147-Observer programme.
• 148-Appointment of,and identification by inspectors and observers.
• 149-Application of Act to observers in areas beyond national
• jurisdiction.
• 150Requirements for monitoring of offloading.
• 151-Duties of operators,etc,to inspectors and observers
• 152-Conditions for observers.
• Protection ofand duties owed to authorizedpersons
• 153-Authorizedpersons.

• 154Protection of authorized personsfrom liability
• 155-Insurance for authorizedpersons.
• 156Obstruction,etc of authorizedpersons.

Requirements for vessel monitoring systems

• 157-Vessel Monitoring Systems.

Requirements for use ofports

• 158-Use ofport without authorization prohibited.
• 159Vesselsmay beprohibited from entering port.
• 160Denial of the use of port to a foreign fishing vessel.
• 161-Inspection of foreign fishingvessels in port.

PARTXIV-REQUIREMENTSFORARRESTED PERSONS ANDSEIZEDITEMS

• 162-Arrest or detention and release of foreign fishing vessels,crew members.
• 163-Prompt judicial or administrativeproceedings for arrested
• persons.
• 164Conditions forbail.
• 165-Delivery and noticeforseized items.
• 166Disposal ofperishable items
• 167-Noticeof detainment or seizure ofproperty
• 168-Treatment of items detained or seized.
• 169-Release of seized goods
• 170Application of bond,etc.
• 171-Unlawfulremoval ofseizedgoods.
• 172-Liability for loss,damage or deterioration of things in custody

PARTXV-EVIDENCE

• 173-Certificate evidence.
• 174Validity andprocedure for certificate.
• 175-Certificate as to the location of a vessel.
• 176-Electroniclocation device.
• 177-Photographic evidence

178-Presumptions.

179-Onus of proof.

180-Interference with evidence and avoidance of seizure

181-Tampering with item,etc. that may be used in evidence of noncompliance with the Act.

PARTXVISUMMARYADMINISTRATIVEPROCEEDINGS

182-Decision toproceed administratively.

183—Summary administrative proceedings.

PARTXVII-JURISDICTION,PROSECUTION,

FORFEITURE,LIABILITIESANDOTHERACTIONS

184-Jurisdiction of the Court.

185-Conduct ofprosecutions.

186Forfeiture.

187-Disposition of forfeited property

188-Deprivation of monetary benefits.

189-Costs incurred by State.

190-Liability for non-payment of pecuniary penalties.

191-Liabilityfor lossordamage.

192-Civil liability of officers of companies.

193-Liability of operators.

194-Continuing offences and repeat offenders.

195-Banningorder.

196 Citizen suits and civil enforcement.

197-Injunctions.

PARTXVIII-ESTABLISHMENT OFFISHMARKETING

AUTHORITY

198-Establishment of Fish Marketing Authority

199-Objects and purpose.

200-Functions of Fish Marketing Authority

201-Board of directors.

202-Tenure ofoffice and vacation of office

• 203-Conduct of meeting of the Board.

204 Disclosure ofinterests.

205-Delegation offunctions.

• 206Appointment of chief executive and other staff.
• 207-Funds of the Fish Marketing Authority

PARTXIX-MISCELLANEOUS

208-Regulations.

209-Suprecession.

PART XX-REPEALS AND TRANSITIONALPROVISIONS

210-Repeals and transitional provisions.

SCHEDULES

128;

"Act" includes regulations or other formsof subsidiary legislation made hereunder;

Board or Director-General to execute designated functions under this Act,or such other agent as may be appointed in

accordance with section 17 (1) (c);

"aircraftmeans any propelled or remotely controlled

airborne device capable of sustained movement through the atmosphere and includes helicopters and monitoring devices;

"artisanal fishing" means small scale traditional fisheries that may be carried out for subsistence or commercial purposes in which the owner is directly involved in the day-to-day running of the enterprise and relatively small amounts of capital are used;

"artisanal fishing vesselmeans any local fishing vessel,canoe or un-decked vessel with a length overall of not more than ten meters,which is motorised or not

motorised by an outboard or inboard engine not exceeding

THEFISHERIESMANAGEMENTAND DEVELOPMENTBILL,2023

A Bill for

AN ACT of Parliament to provide for the conservation,

management and development of fisheries and other aquaticresources to enhance the livelihood of communities dependent on fishing and to establish the Kenya Fisheries Services; and for connected purposes

ENACTED by theParliament ofKenya as follows-

PARTI-PRELIMINARY

• 1.This sAct may becited as the Fisheries
• Management and Development Act,2023 and shall come into force upon publication in the Gazette
• 2.In this Act,unless the context otherwise requires

"access agreement or arrangement" means any Citation and commencement.

Interpretation.

forty horsepower,or powered by sails or paddles,but does

not include decked or undecked semi-industrial fishing vessels or vessels used for recreational fishing;

"Authority"means the Fish Marketing Authority

established by section 198;

"aquaculture"means the cultivation,propagation or farming of aquatic organisms,including fish, molluscs, crustaceans and aquatic plants whether from eggs, spawn, spat,seed or other means or by rearing fish lawfully taken from the wild or lawfully imported intoKenya,or by other similar process;

"aquaculture establishment" means any area, enclosure,premise or structure set up or used on land or in water for the purposes of aquaculture,and includes any cage orraft or other system;

"aquaculture resourcesmeans live fish and marine

plants cultivated under aquaculture;

"authorized officer" means a a fisheries officer, coast guard officer,a police officer of or above the rank of inspector,an officer of theKenya Navy or any other person appointed by the Cabinet Secretary under section 18;

"automatic location communicatormeans a device approved by the Director which is placed on a fishing vessel and is designed to transmit, whether independently or in conjunction with another device or devices, information or data concerning position, fishing and such other activities of the vessel as may be required and includes a mobile transceiver unit;

"barter"means trade of fish and fish products by two

or more persons without use of money;

"beach management unitmeans an organization of

fishers,fish traders,boat owners,fish processors and other beach stakeholders who traditionally depend on fisheries activities for their livelihoods;

"Board" meansthe Fisheries established by section 10;

Service Board

"Board of Directors"means the Board of Directors of the Fish Marketing Authority established under section 201;

"buy"includes-

• (a)barter,
• (b)purchase;
• (c) attempt to barter;
• (d)
• attempt to purchase;
• e
• (g)
• receive on account or consignment;
• receive in order to send,forward or deliver for sale;
• broker a sale;
• (h) purchase or barter for future goods or for any consideration ofvalue;and
• purchase or barter as an agent for another person;

"buyermeans any person who buys;

"Cabinet Secretary"means Cabinet Secretary for the time being responsible for fisheries;

"carrier vesselmeans a vessel that carries fish that have been harvested by another vessel but does not engage in fishing itself;

operation resulting or intending or appearing to result in the sale or trade of any fish which is a product of such aquaculture operation, including semi-commercial

aquaculture;

"Councilmeans the Kenya Fisheries Council established under section 6;

"crew membermeans a worker who is part of a team working on a fishing vessel,towards a common function, whether paid or unpaid,other than the master,a pilot or shore-based persons carrying out work aboard a fishing vessel and fisheries observers;

"dealing in fish"includes collecting, transporting,

storing,transshipping,buying or selling fish or fish products for purposes of trade;

"designatedFishingPort" established under section 50(1) (b);

means fishing port

"Director-General"means the person appointed as such under section 15;

"export"in relation to fish or fish products means to

• (a) send or take out ofKenya;or
• (b) carry or transport anything out of the country;

"export facility"means any building or vessel or area in which fish and fish products is handled,prepared and stored for export purposes,including the surroundings under the control of the same management;

"farming" in relation to any fish means the breeding

cultivating and rearing of any such fish or the cultivating of any such vegetation, as the case may be;

living or not and processed or not,and any of their parts and includes any shell,coral,reptile and marine mammal;

"fisher means every person employed or engaged fishing vessel,including persons working on board who are paid on the basis of a share of the catch but excluding pilots,naval personnel,other persons in the permanent service of a government,shore-based persons carrying out work aboard a fishing vessel and fisheries observers;

"fish landing station"means a point on the shore of any waters or coastline ofwhich the Director-General has by notice in the gazette designated as a point to land fish;

"fish processingmeans any process that adds value to orpreserves fish and includes thecuttingup, dismembering,cleaning,sorting,icing,freezing,drying, chilling,salting, gutting, smoking,canning or any other action taken to alter the shape,appearance or form of fish from that in which the fish is when first taken from its natural habitat;

"fish processing establishment"means any place other than a licensed fishing vessel where fish are canned, dried, gutted,alted,cedchilled,ozen,mokedorothrwis processed or stored but does not include a restaurant,eating place,hotel,or place where fish is prepared for immediate retail sale or consumption;

"fish product"means any product or part thereof

(including oil ambergris) obtained from nature by fish processing or product secreted by fish,and intended for use as human food,animal feed or raw material ingredient in the manufacture of other commodities of commercial or ornamental value;

"fisheries officer"means the Director-General and any employee of the Service described in the first schedule;

"fishery"means-

• (a) one ormore stocks of fish,or parts thereof existing
• in a delineated area,which can be treated as a unit for the purposes of conservation,development and management, taking into account geographical scientific,technical, customary,recreational, economic and other relevant characteristics;or
• (b) any fishing for such stocks;

"fishery resources"or "fisheries resources"means any fishery or stock, species or habitat of fish or part thereof;

"fishing"means attempting,attracting, searching for, locating,catching,taking or harvesting fish or any activity which can reasonably be expected to result in the attempting,attracting, searching for,locating,catching, taking or harvesting of fish;

"fishing gear" means any equipment,implement, structure,construction,installation or other article that can be used in the act of fishing,whether or not it is used in connection with a vessel,including any fishing net,line, float,cork,buoy,asket,ligt,winch,boat raircrat;

"fishing operations"includes fishing,supply of

provisions to fishing vessels,and the handling and processing of fish up to the time it is first landed

"fishing portmeans a place on a lake shore or sea front where fishing vesselsmay resort for shelter,servicing, loading and off-loading of fish and fishing equipment;

of,orin preparation for,fishing including the

• (a) transshipping of fish to or from any vessel;
• (b)landing,packaging,processing,handling or
• transporting of fish that have not been previously landed at port;
• (c)provision of personnel,fuel, gear and other supplies at sea or performing other activities in support of fishing operations;
• (d) exporting fish or fish products from the country; and
• (e) attempting or preparing to do any of the above;

semi-industrial or industrial used for,equipped to be used

for,or of a type that is normally used for fishing;

"flag State"in relation to a vessel that is not a Kenya fishing vessel means the State in which the vessel is registered,provided it isregistered in only one State;

"foreign fishing vessel"means any fishing vessel other

than a Kenya fishing vessel and includes any support vessel,notwithstanding that the vessel may be registered or licensed or required to be registered or licensed in Kenya pursuant to this Act or under the Merchant Shipping Act and Kenya Maritime Act;

"genetic resource"includes germplasm of plants, animals or other organisms containing useful characters of actual orpotential value;

"Government"means the Govermment of Kenya;

"high seas"means the waters beyond areas under the

jurisdiction of any State including the territorial sea, exclusive economic zone or other zone of national jurisdiction;

"illegal fishing"includes-

• (a) activities conducted by national or foreign vessels in waters under the jurisdiction of a state without the permission of that state,or in contravention of its laws and regulations;
• (b) activities conducted by vessels flying the flag of states that are parties to a relevant regional

No.4of2009 No.5of2006.

fisheries management organization but operate in contravention of the conservation and management measures adopted by that organization and by which those states are bound orrelevant provisions of intemational law;and

• (c) activities carried out in violation of national laws
• or intermational laws or international obligations, including those undertaken by co-operating states toa relevant regional fisheries management organization;

"importmeans the bringing into Kenya or Kenya Fishery waters of any fish or fish product and aquatic flora from any place outside Kenya;

"industrial fishing vessel"means a decked fishing vessel with an overall length of twenty meters orgreater and with an inboard engine;

"international Iagreement" includes any treaty, convention,or other legally binding instrument,including bilateral,multilateral regional agreements or arrangements that Kenya is a party pursuant to the Treaty Making and

Ratification Act,2013;

"international conservation and management measuresmeans measures which are notified in the Gazette in accordance with section 31;

"Kenya fishery waters" includes all maritime zones

declared in the Maritime Zones Act,internal waters,Lakes, riverine systems and any other waters including intertidal inland and riverine over which Kenya exercises or claims jurisdiction;

"Kenya fishing vessel means a fishing vessel which is registered under the Merchant Shipping Act,and does not hold any other registration,or is wholly owned and crewed by residents of Kenya or by other persons gazetted by the Service as persons who traditionally fish in Kenya fishery waters,and which meets such other conditions as may be prescribed;

"Kenya Marine and Fisheries Research Institute" means the institute established under the Science,

Technology and Innovation Act;

No.45of2012.

Cap.371

No.28of2013.

"landingmeans bringing any fish or fish product to the harbour,port or beach from within or outside theKenya

fishery waters and offloading;

"licensing period"means the period of time during which any licence or authorization issued in accordance with this Act is valid;

"locally based foreign fishing vesselmeans any

foreign fishing vessel which-

• (a)is based in and fully controlled or operated from Kenya,
• (b)
• fishes exclusively in the Kenya fishery waters; and
• (C) lands all of its catch or a substantial part of its
• catch in Kenya;

"mastermeans a person in command or in charge or apparently in command of the vessel,aircraft or a vehicle, but doesnot include apilot on board a vessel solely for the purpose of navigation;

"management"meansan integratedprocessof information gathering,analysis,planning,consultation, decision making,allocation of resources,formulation and implementation of rules and regulations which govern fisheries activities in order to ensure the continued production of the resources and accomplishment of other

fisheries objectives;

"operatormeans any person responsible for the operations of, directs or controls a vessel,including the

owner, charterer and master of the vessel;

"person" means any natural person or business enterprise and includes a corporation, partnership, cooperative,association and any foreign government,its subdivisions or agents;

"pollution" shall have the meaning assigned to it under the Environmental Management and Co-ordination Act,No.of1999.

1999;

"recreational fishing"means fishing activities using

authorized gear for the purpose of leisure,recreation or sport that may involve the use of a pleasure craft but does not include the selling of fish;

"sell"includes-

• (a) any method of disposition for consideration of anything which has value or which can be exchanged for cash or barter;
• (b) disposition to an agent for sale on consignment;
• (c) offering or attempting to dispose of for value or receiving or having in possession for disposal for value or displaying for disposal for value,or sending or delivering for disposal for value or causing or permitting to be sending or delivering for disposal for value,or causing or permitting to be disposed for value,offered or displayed for disposal for value:and
• (d) disposition by way of raffle,lottery,or other game of chance under the Betting Control and Licensing Act;and

"sell" and"sold "have a corresponding meaning;

"semi-industrial fishing vessel" includes-

• (a) a decked fishing vessel with an overall length of
• not less than ten meters and not more than fifty GRT and not powered by an inboard engine;and
• (b) an undecked fishing vessel with an overall length ofnot less than ten meters and not more than twenty meters with less than fifty GRT and
• powered by engines of at least forty horse power;

"subsistence fishing"means harvesting fish as a source of food for a person's consumption or their dependants and

not for sale or barter;

"supportvessel"means avessel carryingout

operations in connection with and support of a fishing vessel including transport,supply;

"surveillance" means checking and ensuring compliance with control measures imposed under this Act

in fishing or fishing related activities;

"Service" means the Kenya Fisheries Service

established under section 7;

"subsistence fishing"means local or non-commercial

fisheries,oriented not primarily for recreation but for the procurement of fish for consumption by the fishers, their families and community;

"supply vessel"means any vessel used for, equipped to be used for or intended to be used for fishing related activities:

"surveillance" means checking andensuring compliance with control measures imposed under this Act in fishing and fishing related activities;

"test fishing operation"means any fishing operation

undertaken over a limitedperiod of time with the approval of the Director-General for the purpose of testing the feasibility of commercial fishing operationswith a view to establishing fishery operations,and not for commercial purposes;

"territorial waters" shall have the meaning assigned to it under the Maritime Zones Act,and includes the territorial sea;

"transshipment" means transferring fish or fish products to or from any vessel,whether or not the fish or fish products have first been taken on board the vessel from which the fish is passed;

"unregulated fishing"includes-—

• (a)activities conducted by vessels without nationality, or by those flying the flag state not party to that organization,or by a fishing identity in a manner that is not consistent with the conservation and
• management measure,and
• (b) activities carried in areas or fish stocks in relation to which there are no applicable conservation or management measures in where the fishing activity
• is conducted;

"unreported fishingincludes activities which the relevant authority hasnot been notified;

"vehicle"means any car, truck,van,bus, trailer r

other powered land conveyance;

Cap.371.

"vessel monitoring system" includes a satellite based

reporting system capable of monitoring the position and activities offishing vessels

• 3.(1) Kenya shall have full jurisdiction and sovereign rights over fisheries resources in accordance with the Maritime Zones Act,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.
• (2) In accordance with subsection (1), the sovereign rights of management and control over such fisheries
• resources are vested in Kenya.
• (3) Ownership of all information required to be reported,notified or otherwise given pursuant to this Act, location communicator or similar device that is part ofa vessel monitoring system,is vested in the Government.
• 4.This Act,unless the contrary intention appears, shall apply to-
• (a)a all Kenya fishery waters and areas over which Kenya exercises jurisdiction or sovereign rights;
• (b) fishing and fishing related activities,utilization of fish and genetic material derived from fish and any other activity fallingwithin the scope of this Act;
• (c) persons, vessels,vehicles,aircraft,export facilities or other craft or place engaged in or otherwise connected with any activity falling within the scope of this Act;
• (d) persons (including non-citizens) and vessels (including foreign vessels) in and in relation to the Kenya fishery waters;
• (including non-citizens)and vessels (including foreign vessels) in areas beyond
• (e) persons national jurisdiction-

Jurisdiction and sovereign rights of Kenya

Application.

• following hot pursuit initiated in the Kenya fishery waters and conducted in accordance with international law,or
• (ii) asrequiredpursuanttothis Act or international conservation and management measures;
• (i) as permitted by intermational law or any
• international agreement;and
• (f) all Kenya fishing vessels and all persons on them
• or dealing with them or having any relevant relationship to them or to persons on them,in and in relation to any area within or beyond national jurisdiction in so far as it doesnot conflict with the jurisdiction of another State.
• 4.(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
• (2) The implementation of this Act shall be guided by the following principles-
• (a) long-term sustainable use,conservation and management of fisheries resources and habitat, and adoption and implementation ofmanagement measures in such a manner as to ensure that the fisheries resources andhabitat are ou overexploited,threatened or endangered;
• (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;
• (c)conservation and protection of fisheries habitats;
• (d) ensuring the effective application of the ecosystem
• approach to fisheries management;

Objective and

guiding principles.

• (e) ensuring that biodiversity and genetic diversity in the marine environment is maintained and enhanced;
• (f) fostering recreational and omamental fishing, aquaculture and commercial fishing activities for the benefit of the country;
• (g) encouraging the participation of users of the fisheries resources,and the general community,in the management of fisheries;
• (h) ensuring that management measures are based on and are including fishing patterns, the interdependence of
• the best scientific evidence available designed to maintain or restore stocks capable of producing sustainable yield,as qualified by relevant environmental and economic factors stocks and generally recommended international standards;
• (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;
• ()managing fisheries resources in an efficient and cost effective manner,including setting targets for the recovery of management costs;
• k) collection and,as appropriate sharing,in a timely manner completeand accurate data and information conceming fishing activities and fisheries;
• (l) implementation and enforcement of conservation and management measures through effective
• monitoring,control and surveillance;
• (m)promotion of sustainable aquaculture in appropriate zones as a viable option to contribute tofood security replenishing natural habitats through diversification from capture fisheries and
• wealth generation;
• (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;
• (o)prevention or elimination of over-fishing and excess capacity and managing levels of fishing efforts so they donot exceed levels commensurate
• with sustainable use of fishery resources;
• (p)effective implementation JO international agreements and relevant international laws in conformity with the Treaty Making and Ratification Act,2013;
• (q) ensuring effective cooperation with coastal States, fishingStates and entities and competent organisations; and
• (t)ensuring that the livelihood of fishers is enhanced.
• (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.

PARTII-THE KENYAFISHERIESADVISORY COUNCIL

• 5.(1) There is hereby established an advisory body to be known as the Kenya Fisheries Advisory Council (the Council),which shall consist of
• (a) the Cabinet Secretaries responsible for fisheries, who shall be the chairperson;
• (b) the Cabinet Secretary responsible for interior and
• co-ordination ofnational government;
• (c) Cabinet Secretary responsible for transport and
• infrastructure;
• (d) the Cabinet Secretary responsible for national treasury;
• (e) the Cabinet Secretary responsible for foreign
• affairs and international trade;
• (f)a representative from a university or research institution with expertise in fisheries and who shall benominated by theUniversity council;
• (g)a representative from the consumer federation

Establishment oftheKenya Fisheries Council.

nominated by the national consumer federation;

• (h)a designate from the Council of Governors with expertise in fisheries who shall be nominated by the Council of governors;and
• (i)a representative of fisheriesnominated by a national umbrella ofbody fisheries.
• (2) The function of the Council shall be to review and
• advise the national Government on-
• (a)policies in relation to the co-ordination of fisheries management in relation to the aquatic environment
• and human dimensions;
• (b) the allocation and access to fisheries resources;
• (c)intergovernmental agreements and arrangements
• related to fisheries;
• (d) research,education,capacity development in
• fisheries and themanagement of fisheries resources;
• (e)managementplansandresources development of the fisheries sector,and
• forthe
• (f) any other matters connected with this or any other related Act.
• (3) 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.
• (4)In making appointments of the members to the
• Council, the Cabinet Secretary shall observe regional, gender,age,disability and ethnic balance.
• (6) Each Cabinet Secretary represented on the Council in accordance with subsection (l) may designatean altermate who is knowledgeable and experienced in issues
• relevant to fisheries;
• (7) The Council may establish such working groups and committees as it deems necessary and as are agreed by the Cabinet Secretary
• (8)The Ministry responsible for fisheries shall provide

secretariat services for the Council.

PARTIII-THE KENYA FISHERIES SERVICE

• 6.(1) There is hereby established a Service to be known as the Kenya Fisheries Service,which shall be responsible for theconservation, managementand development of Kenya's fisheries resources in accordance with this Act.
• (2) The Service shall be a body corporate with perpetual succession and a common seal and shall,in its corporate name,be capable of
• (a) suing and being sued;
• (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.
• (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 theBoard.
• 7.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.
• 8.The functions of the Service shall be to
• (a) ensure the appropriate conservation development of standards on management, sustainable use, development and protection of the fisheries resources;
• (b) formulate and monitor the implementation of policies regarding the conservation,management and utilization of all fisheries resources within the scope of this Act;
• C develop standards for the management of all
• fisheries and aquaculture activities and fishing related activities within the scope of this Act;;
• (d) develop guidelines for the preparation of fisheries specific managemeni plans for the Kenya fishery

Establishment and status.

Headquarters.

Functions of Service.

waters;

• (e) provide education to create public awareness and support for fisheries conservation,management, development and sustainable use;
• set and meet goals for fisheries conservation management,development and sustainable use;
• (g)in consultation with the Kenya Marine and
• Fisheries Research Institute,approve and coordinate research activities in relation to matters falling within the scope of this Act;
• (h) collect and analyse data in relation to resources and activities falling with the scope of this Act;
• (i)identifymanpower requirements and recruit manpower at all levels for theService;
• (j) liaise as appropriate with agencies and persons, including stakeholders,industry,government
• agencies,regional and international organisations and experts,whether local or foreign,on matters falling within the scope of this Act;
• (k) act on behalf of the government,subject to the Treaty Making and Ratification Act,20l3 in relationtoany domesticor international agreement relating to fishing, fishing related activities or any matter falling within the scope of this Act,to which Kenya is or may become a party;
• administer and co-ordinate international protocols, conventions and treaties regarding fisheries in all its aspects in consultation with the Cabinet Secretary pursuant to the Treaty Making and
• Ratification Act,2013;
• (m) subject to the Public Health Act and the Food, Drugs and Substance Act,control and regulate
• fish safety and quality;
• (n)raise revenue through levies,fees,investments and other means in accordance with this Act and the Constitution,including solicitation by public appeal or otherwise, and accept and receive

Cap242

Cap254

subscriptions, donations, devices and bequests, or special purposes of the Service or subject to

whether ofmovable or immovable property and whether absolute or unconditional for the general any trust;

• (o) undertake the development of appropriate fisheries infrastructure,that relates to its mandate under
• this Act and the Constitution;
• (p) facilitate investment in commercial fisheries,in collaboration with relevant agencies,persons or bodies,including Government departments;
• (q)promote development and introduction of appropriate technologies in aquaculture production,processing and preservationin collaboration with relevant agencies,county governments and stakeholders;
• () identify and promote construction of any works deemed necessary for development and
• thesustainable economicutilizationof fisheries resources;
• S in collaboration with county government and the Fish Marketing Authority established under section 20l,identify opportunities and promote all aspects of fisheries marketing;
• forms of investment arrangement for purposes of performing any ofits functions;
• (u) co-ordinate fish quality assurance and operations of the marine and coastal fisheries,aquaculture
• and inland and riverine fisheries;
• (v) coordinate and or undertake monitoring,control and surveillance of all activities within the scope
• of this Act;and
• (w) perform such other duties and functions consistent
• with the provisions of this Act as may be necessaryto carry out the objectives and provisions of this Act.
• 9.(1)There shall be a board of directors of the Establishment,

Service,which shall

• (a) provide general control over and be accountable to the Cabinet Secretary for the exercise of the functions and powers of the Service;
• (b) advise the Cabinet Secretary on all matters pertaining totheconservation,management standards,development,and sustainable use of
• fisheries resources;
• ()provide recommendations to the Cabinet Secretary for overall policy in matters within the scope of this Act;
• (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;
• (e) approve the annual budget and financial plan of the Service and otherwise provide oversight for all
• financial matters;
• ) endorse the annual report of the Service required under section 25 and transmit it through the Cabinet Secretary to Parliament;
• (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;
• (h) establish anopen,competitiveemployment policies,a transparent and objective selection process and general terms and conditions for employees of the Service;
• (i) provide policy guidance over the exercise of the functions and powers of the Service;and
• (j perform any other function which the Cabinet Secretary may by notice in the Gazetteprescribe
• (2)The staff of the service shall be as provided under
• the First Schedule.
• (3)Each member of the Board,when exercising

functions,powers and duties of the Boardof

Directors.

powers or performing duties under this Act shall-

• (a)act in good faith and in what the member believes to be the best interests of the Service;
• (b) comply with theprovisions of this Act;
• (c) exercise the care,diligence and skill that a reasonable director would exercise in the same circumstances taking into account,among other things,to
• (i) the nature of the Service;
• (ii) the nature of the decision;and
• (iii) the position ofmember and the nature of the responsibilities undertaken by him or her,and
• (d) rely on reports,statements and financial data and other information officially provided to the Board by the Director-General and other government entities.
• 10.(1) The members of the Board shall consist of
• (a)a chairperson appointed by the President from among the members appointed under paragraph
• (c);
• (b) the Principal Secretaries of the Ministries for the time being responsible for-
• (i) fisheries;
• (ii) defence;
• (iii) finance;
• () five members,not being public officers,openly appointed by the Cabinet Secretary for their longterm knowledge and experience in the conservation,management,development and sustainable use of fisheries resources;
• (d) all members must meet the requirements of Chapter Six of the Constitution.
• (2) The Director-General shall be the secretary to the
• Board.
• (3) The members of the Board shall at their first

Membership of

theBoard.

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.

• (4)TheCabinet Secretary shall inmaking appointments under subsections (l)(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.
• (5)A person shall be qualified to be appointed under subsection (1) (c)if,in addition to the requirements of that subsection,such person holds a university degree or its equivalent in
• (a)natural resource or environmental management,
• development or science;
• (b) fisheries studies,including fisheries governance, management, development or science;
• (c)marine affairs;
• (d) port management;
• (e)aquatic science;or
• (f) any other matters related to the functions of the Board.
• (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.
• 11.(1) The office of member of the Board,other than
• an ex officio member,shall becomevacant if the member-
• (a) resigns from office by notice in writing addressed to the Chairperson,who shall transmit such
• resignation to the Cabinet Secretary;
• (b)is removed from office by the Cabinet Secretary if
• the member-
• (i)has been absent from three consecutive meetings of the Board without notifying the

Ternination

of appointment as amember of the Board.

Chairperson;

• (ii) is adjudged bankruptor enters into a composition scheme or arrangement with his
• creditors;
• (ii) is convicted of an offence involving false statements,fraud or dishonesty;
• (iv) is convicted ofa criminal offence;
• (v) is unable to,by reason of mental or physical infirmity to discharge functions as a member
• of the Board;
• (vi) is found to have acted in a manner prejudicial
• to the aims and objectives of this Act;or
• (vii) fails to comply with theprovisions of this Act
• relating to disclosure.
• (2)Vacancies occurring pursuant to this section or for anyotherreasonprior to the expiration of a member's term, shall-
• (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;
• (b)in the case of a member other than an ex-officio member be filled in the same manner as vacancies arisingfrom theexpiration of thatmembers term

Provided that such appointments shall only be effective for the remainder of any applicable unexpired term of the departing member.

• (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 theBoard.

12. (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)

• (2) A member who has an interest shall,after the

Disclosureof

interest.

relevant facts have come to his or her knowledge, immediately disclose the nature of his or her interest to Board members through the Chair.

• (3)The disclosure given under subsection (2) shall be recorded in the minutes of the Board meeting at which the disclosure is made,or the first Board meeting which follows the disclosure,and the member shall-
• (a)not take part,after the disclosure,in any matter under consideration by theBoard which relates to the interest,including any deliberationor
• decision of the Board;
• (b) be disregarded for the purpose of constituting a quorum of the Board for any deliberation or
• decision referred to in subsection (a).
• (4)A person has an interest in a matter where that
• person-
• (a) could benefit directly or indirectly from a decision on a matter over which he or she has influence or control,or if a matter over which that member has influence or control relates in any way to-
• (i) a business or property the member directly or indirectly owns or controls;
• (ii)a business or property owned or controlled, directly orindirectly,by a family member;
• (ii)a business or property in which the member
• has a beneficial interest of any kind,whether through a trust or otherwise;
• (b) is party to,or will or may derive a material
• financial benefit from the matter;
• (C) has a material financial interest in another party
• to the matter;
• (d) is a family member of a person who will or may
• derive financial benefit from the matter;or
• (e)is otherwise directly or indirectly materially
• interested in the transaction.
• (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 Republicof Kenya or elsewhere and whether incorporated ornot;

"family member" shall mean a parent,brother, sister, spouse,cousin,aunt,uncle,nephew,niece or child including apersonwho is adopted legally or forwhom care was given by the member such that there exists a relationship in the nature ofparent 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 persons immediatefamily;

"interestshall 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 orbusiness;

""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 Republicof Kenya

or elsewhere.

• 13.(l) The Board shall meet not less than four times in every financial year,and not more than four months shall elapse between the date ofone 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
• (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 theBoard may agree inby-laws:

Provided that at least five working daysnotice of the meeting shall begiven to every member.

• (3)At a meeting of the Board-
• (a) five members,one of whom shall be the

Meetings of the

Board.

Chairperson or his or her nominee, constitute a nonb

• (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;
• (c) matters arising shall be decided by a majority of the votes of the members present and voting: and
• (d) the person presiding has a deliberative,and in the event of an equality ofvotes on any matter,also a castingvote.
• (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.
• (5) The Board shall cause minutes of its meetings to
• be recorded and kept.
• (6) The Board may,in its discretion at any of its meetings-
• (a) invite a person or persons to attend;or
• (b)receive or hear submissions or information from anyperson.
• (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.
• (8) The Board may from time to time,establish such relation to its functions and powers for the purpose of
• advisory sub-committees as it considers necessary in making reports and recommendations to the Board and subcommittees shall be comprised of Board members.
• (9)Any decision ofa sub-committee established by
• the Board under sub-section (8) shall be subject to

ratification by a fully constituted Board meeting.

• (10) Subject to this Act, the procedures of the Board are as determined by the Board.
• 14.(l) 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.
• (2) A person shall be qualified to be appointed under subsection (l) if such person holds an advanced degree from a recognized university in-
• (a) natural resource or environmental management,or
• science;
• (b) fisheries studies,including fisheries governance, management,development or science;
• (C) aquatic science;or
• (d) any other related field,

and has at least ten years experience ina senior management position in a public institution.

• 15.(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.
• (2) Without prejudice to the generality of the
• foregoing, the Director-General shall
• (a) be responsible for carrying out the functions, managing the affairs and exercising the powers of
• the Service;
• b) ensure efficient and effective administration of the Service,including through the preparation of annual workplans and development strategies for
• the Service;
• recommend to the Board the recruitment of
• competent human resourcesfor the Service;
• d) collaborate with the Fish Marketing Authority established under section 204 and other agencies to identify marketing and investment

Appointment of the DirectorGeneral.

Functions of the Director-General.

opportunities for the fisheries sector;

• (e) upon direction by the Board,enter into agreements on behalf of the Service forthe management,conservation,use and exploitation of fisheries resources;and
• perform such other functions as the Board may in consultation with the Cabinet Secretary direct from time to time.
• (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 staffmember of the Service as may be approved by the Board,except this power of delegation.
• 16.(1) The Board may,on such terms and conditions as it deems fit,appoint
• (a) such officers of the Service as are specified in
• Part A of the First Schedule:and
• (b) such disciplined officers of the unit established under section 20 as are specified in Part B of the First Schedule;and
• C servants or consultants of the Service,as may be necessary for the performance of the functions of the
• such other employees,agents, Service.
• (2) Every person appointed under subsection (l) (b) shall take and subscribe to the oath of allegiance set out in
• Part C of the First Schedule.
• (3) The provisions Part D of the First Schedule have effectwith respect to theService.
• (4) The Board shall within a reasonable time provide for a staff superannuation scheme to determine service for the employees of theService.
• 17.The Cabinet Secretary may,in consultation with
• the Director-General,by notice in the Gazette appoint a person to an authorised officer for purposes of this Act.
• 18.(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

Other staff of the

Service.

Authorized

officers.

Honorary fisheries officers.

of this Act.

• (2)An honorary fisheries officer shall-
• (a) hold office subject to such conditions as the Director may prescribe,for a period of five years;
• and
• (b) have such functions as may be prescribed by rules
• made under this Act.
• 19.(1) There is hereby established within the Service Monitoring, Controland Surveillance Unit (MCS)
• hereinafter referred to as"the MCs Unit"
• (2)The MCs Unit shall have the functions of
• (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
• (b) cooperating and coordinating with,and performing implement agreements or measures which are
• relevant functions within the broader system of monitoring,control and surveillance at bilateral, sub-regional,regional and international levels to binding upon Kenya or which the Cabinet Secretary,as appropriate in consultation with the Cabinet Secretariesresponsible for internal security and defence, directs subject to the Treaty Making and Ratification Act,2013.
• (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 bynotice in the Gazette from time to time.
• (4) In addition to the provisions in Part Xill of this Act relating to the powers of authorized officers,the Cabinet Secretary may by notice in the Gazette provide for-
• (a)the organization and deployment of the Unit;
• (b) the duties to be performed by members of the Unit, and their guidance in the discharge of those
• duties;
• (c)the regulation of matters relating to discipline in

Establishmentof Monitoring, Control and Surveillance Unit.

the Unit;

• (d) the description and issue of arms,ammunition accoutrements,uniforms and other necessary supplies to members of the Unit:and
• matters relating generally to the good order and
• e administration of the Unit.
• 20.(l) The Cabinet Secretary may make regulations
• establishing and assigning functions to an inter-agency monitoring control and surveillance unit (the Inter-agency MCS Unit").
• (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.
• (3) The principal function of the inter-agency MCS Unit shall be to ensure coordinated and effective interagency enforcement of and compliance with this Act.
• (4) The Director-General shall serve as the chairperson and the Service shall be the secretariat of the Inter-agency
• MCS Unit.

PARTIV-FINANCIALAND

ADMINISTRATIVEPROVISIONS

• 21.(1) The funds of the Service shall consist of
• (a) such monies as may be appropriated by
• Parliament;
• (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
• C all monies from any other source provided for or
• donated or lent to the Service.
• (2) The moneys of the Service shall be expended in accordance with this Act,and only in payment
• for--
• (a) discharge of expenses,obligations and liabilities
• of the Service;
• (b) the remuneration of the staff of the Service and for allowances to the members of the Board;

Inter-agency monitoring. control and surveillance unit.

Funds of the

Service.

• (c) contracts for technical consultants,observers, researchers and other personnel, activities or operations which support the functions and programmes of the Service;
• (d)
• travel expensesrelating to official;
• (e) training and education courses or programmes for purposes relating to the objectives of the Service, and the functions and programmes of the Service;
• financial assistance for managementand development activities in the Counties consistent with the functions of the Service;
• grants to institutions,agencies,associations or
• other organizations for the purpose ofpromoting fisheries conservation and management;
• (h) rewards for information leading to convictions for offences under this Act in accordance with such requirements as may beprescribed;
• purchase of capital items necessary to carry out
• G the functions and duties of the Service;
• contributions to donor aid projects as agreed with
• the donor agency;and
• (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.
• (3) The Service may make such investments as the Secretary for the time beingresponsibleformattersrelating
• Board may approve,subject to the approval of the Cabinet to finance.
• (4) The Service may open and maintain an account with a bank approved by the National Treasury under the Public Finance and Management Act,2012 and shall at all times maintain one account and shall pay all its moneys into such account.
• 22.The financial year of the Service shall be the period of twelve months ending on the thirtieth June in each year.

Cap.412C.

Financial Year.

• 23.(l)Atleastthreemonthsbeforethe Annual estimates.

commencement of each financial year, the Board shall

cause to be prepared estimates of the revenue and expenditure of theService for that year.

• (2) The annual estimates shall make provision for all the estimated expenditure of the Service for the financial year concermed,and inparticular shall provide for-

2. (a)the payment of salaries,allowances and other charges in respect of the staff and members of the 3. Service; 4. (b)the payment of pensions, gratuities and other 5. charges in respect of retirement benefits which are payable out of the funds of the Service:and 6. C the acquisition,maintenance,and repair and replacement of the equipment and othermovable property of the Service.

• (3) No expenditure shall be incurred for the purpose

8. of the Service except in accordance with the annual estimates approved under subsection (2) 9. 24.(1) The Board shall cause to be kept proper books and records of account of its income, expenditure and assets of the Service.

• (2) The accounts of the Service shall be audited and reported upon in accordance with the Public Audit Act,

11. 2015. 12. 25.(l)The Director-General shall,within four months after close of each fiscal year,furnish to the 13. Board-- 14. (a)an annual report on the progress and the 15. performance of the Service in relation to its functions and the exercise of its powers;and

• b) a financial report,audited by an auditor appointed by the Board,for the year ended 3oh June previously in accordance with the requirements in

17. section 26(2).

• (2) The financial reports of the Service shall be

Accounts and audit.

2015.

Director-General toreport to the Board.

commercial practice.

(3)The Board shall consider and as appropriate

endorse the reports required under subsection (l) as soon as practicable after receiving them,and transmit them through the Cabinet Secretary to the National Assembly

(4) The Cabinet Secretary shall transmit the reports

required under subsection (l)totheSpeakerfor presentation to Parliament.

(5) The Service shall ensure that the reports required

pursuant to subsection (i) are available to the public or other government agencies upon the presentation to

• Parliament.
• 26.(1) There is established a fund to be known as the Fisheries Research and Development Fund which shall be administered by the Director-General.
• (2) There shall be paid into the Fund-
• (a)
• such monies as may be provided by Parliament;
• (b)
• donations made to the Service from any source for purposes of the Fund,and
• (c) royalties paid to the Service:

Provided that the Service shall not accept any grant,

gift,donation or bequest made on any condition that the Service performs or discharges any duty or obligation other than duties or obligations imposed by this Act.

(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.

• (4) The Cabinet Secretary may by notice in the Gazetteprovide for the mode of administration of the Fund established under sub-section (l).
• 27.(l) There is hereby established a fund to be known as theFish Levy Trust Fund
• (2) The Fish Levy Trust Fund shall consist of-
• (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

Fisheries Research and Development

Fund.

Fish Levy Trust

Fund.

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 bywhich a persons liability to pay the levy,or the payment thereof,may be established and the time at which any amount shall become payable.

• (b) donations made to the Service from any source for purposes of the Fund;and
• 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.
• (3) The object of the fund shall be to provide supplementary yfundingofactivities gearedtowards management,development and capacity building,awards and urgent mitigation to ensure sustainability of the fisheries resource.
• (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.
• (5)The members of the Board of Trustees shall
• include-
• (a) two representatives from fishers organizations in fresh inland waters and marine waters;
• two persons nominated by the traders exporters
• (b) association and fish processors;and
• C one person appointed by the Cabinet Secretary responsible for fishing with background in aquatic science.

PART V-FISHERIES CONSERVATION, MANAGEMENTANDDEVELOPMENT

• 28.(l) 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.
• (2) Nothing in this Act shall be deemed to prevent any member of the community from using, subject to such

Fisheries vest in

the State.

conditions as may be prescribed under this Act, such fisheries or fisheries resources as it has been the custom of that community to use.

Fisheries Development Measures

• 29.The Director-General may,in consultation with County governments,other appropriate agencies and other departments of Govemment,promote the development of activities within the scope of this Act, through,inter alia-
• (a) providing a national framework of extension and training services;
• (b)
• conducting research and surveys;
• (C) promoting co-operation among fishers;
• spearheading arrangements for the orderly
• (d) marketing of fish;
• (e) stocking waters with fish and supplying fish for stocking;
• promoting the adoption of alternative means of livelihood amongst fishers;
• (g) promoting the development of omamental
• fisheries;
• (h) promote the development of other sustainable
• methods of insitu and exsitu fishing;
• providing for the establishment of investor
• friendly licensing and approval systems;
• developing a comprehensive fish marketing, system, including fishauction,through strengthening linkages along the market value chain;
• k) encouraging persons in the private sector to organize into associations and form a national coordinating mechanism to ensure efficient marketing systems that that adhere to sanitary and phytosanitary requirements;
• facilitating participation in national,regional and international trade negotiations and meetings:

development

Fisheries measures.

• (m) promoting value addition and utilization of fish by-products and bycatch;
• (n) providing for the establishment of accredited fish safety and quality control laboratories and other infrastructural facilities;and
• (0) such other measures and actions as may be approved by the Board.

International fisheriesconservation andmanagement

measures

• 30.(l) The Director-General shall by notice in the Gazette give notice of any intermational conservation and management measures recognized by Kenya for the purposes of this Act.
• (2)A notice under subsection (1) shall append the conservation and management measure.
• 31.(l) Where the Director-General has reason to suspect that a foreign fishing vessel is,or has been, involved in the contravention of aninternational conservation or management measure in areas beyond the national jurisdiction of Kenya, the Director-General may, and in cases where such measure has been notified pursuant to section 31(1)-
• (a)p provide to the appropriate authorities of the flag State,relevant coastal States,relevant regional fisheries management organization and others as appropriate,relevant information,including any available evidence, relating to such contravention;
• (b) request immediate investigations by the flag
• State;
• (c) when such foreign fishing vessel is in a port in Kenya, promptlynotifytheappropriate authorities of the flag State of the vessel accordingly;and
• (P) take additional measures in conformity with international law,including such measures as the flag State of the vessel has expressly requested or to which it has consented and any measures

Notification by

the DirectorGeneral.

Implcmentation of

international conservation and management measures.

agreed through the relevant regional fisheries management organization.

Co-ordination ofFisheriesManagementwith the

Counties

• 32.(l) The Director-General shall ensure that all County Govemments are consulted and kept informed of relevant management measures and processes taken pursuant to this Act.
• (2) Each County shall collaborate with the DirectorGeneral in the management of fisheries and shall, for this purpose ensure that the Director-General is informed,by effective meansofcommunication,ofrelevant developments in relation to the management of fisheries within the County.
• 33.(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.
• (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.
• 34.Each fisheries management plan developed by authorities in each County shall-
• (a) take into consideration,to the extent possible elements ofafisheries management plan described in section 39:and
• b) take into account any recommendations that may be made by the Director-General with respect to
• the plan.
• 35.(l) 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.
• (2) Where the Director-General is of the opinion,

Director-General tokeep Counties informed of management measures, processes.

County may develop fisheries management plans.

County to submit fisheries management plans to DirectorGeneral for endorsement.

Relations between

National and County govemments.

based on information from the implementing officer,that

the County government has conducted its affairs in relation to fisheries management in a manner which is contrary to the provisions of this Act, the Director- General shall,with the approval of the Board

• (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
• 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
• 36.(l) The Cabinet Secretary may for purposes of beach management units established by the county
• ensuring structured community participation in fisheries management,make regulations for the management of govemments.
• (2)Regulations made under subsection (l) may provide,inter alia,in respect of the beach management units,for-
• (a) objectives,structure,areas of jurisdiction and mandate in co-management;
• (b) minimum standards in the general administration of the beach management units;
• (c) standards to be adhered to by beach management units in imposing levies and charges and the management and utilization of such funds;
• (d) such other standards which the Cabinet Secretary may consider necessary for the effective administration and management of the beach management unit;
• e the protection of vulnerable groups,especially youth and women;and
• (fprocesses necessary to ensure that not more than two thirds of Beach Management Units are of the same gender and to ensure the inclusion ofyouth
• and persons with disability in leadership.

Establishment of Beach Management

Units.

Fisheries Conservation and Management

• 37.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.
• 38.(l) The Board may,in consultation with the Council of Governors and on the recommendation of the Director-General,declare a fishery as a designated fishery where,having regard to scientific,economic,cultural, environmental and other relevant considerations,it is
• determined that the fishery-
• (a)is important to the national interest;and
• (b) requires special conservation and management measures for effective sustainable use of the fisheries resources.
• (2) The Director-General shall,in consultation with the relevant county governments-
• (a) prepare,keep under review and be responsible for the implementation of fisheries management plans for the conservation management, development and sustainableuse of each designated fishery in the Kenya fishery waters;
• 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
• 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.
• (3) The Director General shall,in consultation with the counties and other stakeholders, develop guidelines and standards for the development of fisheries management plans that must conform to this Act and shall include
• (a) identification of the fisheries resource and its characteristics,including its economic and social value and interrelationship with other species in
• the ecosystem;

Responsibility for planning fisheries management.

Fisheries management plans.

• (b) an assessment of the present state of exploitation of the fisheries resource and potential average annual yields;
• C the objectives to be achieved in the management
• and development of the fishery;
• (d) the best information on all relevant biological,
• social,economic and other applicable factors, determine the maximum sustainable yield;
• (e) the measures,if any,to be taken to promote the
• development of Kenya fisheries;
• any relevant traditional fishing rights,methods or principles;
• 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;
• (h)
• management measures;
• (i any research necessary to enhance management
• of the fisheries;
• the information and other data required to be given or reported for effective management and development;
• (k) an implementation strategy which explains how the objectives are to be achieved including through stakeholder consultations;
• a plan for monitoring and assessment of the implementation of the fisheries management
• plan;
• (m) a process for amending or repealing the plan including the consultation and other processes to be followed;and
• n social impact assessment of the plan with reference to disadvantaged groups including women,personswith disability and the youth.
• (4) The Director-General shall,during the preparation ofeach fisheriesmanagement plan,consult as required and appropriate with any committee which may be established and performingits functions under this Act and stakeholders that may be affected by the plan.

• (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.
• (6) Each fisheries management plan or review shall come into force upon its publication in the Gazette.
• (7) The management measures in each fisheries management plan shall have the legal force ofregulations madepursuant to this Act.
• (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.
• (9) Any person who fails to comply with the
• managementplan commits an offence and shall be liable
• (a) in case of industrial fishing,to a fine not
• exceeding five hundred thousand shillings;or
• (b)
• in case of artisanal fishing,to a fine not exceeding one hundred thousand shillings.
• (10) Any person who fails to supply information
• required under sub section (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.
• 39.(1) The Director-General may in accordance with the best scientific advice and such other relevant information as may be available,with the approval of the Cabinet Secretary,by notice in the Gazette,impose,inter alia,any of the following measures for the conservation and management of any fishery-
• (a)closed seasons and or areas for species of fish or methods of fishing provided that customary
• fishing rights are protected;

Fisheries management measures.

• (b) prohibited fishing areas for all or designated
• species of fish or methods of fishing;
• (c) limitations on the types of gear,including mesh
• sizes of nets, that may be used for fishing;
• (d) limitations on the types and/ornumber of fishing vessels permitted to engage in fishing provided that customary fishing rights are protected;
• (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;
• regulate the landing of fish and provide for the management offishing ports,including fish
• landing stations;
• g control of the introduction into, or harvesting or removal from Kenya fishery waters of any
• species of fish,including aquatic plants;
• (h) define and identify fragile aquatic ecosystems and provide structures to enable collaborative protection;
• G regulate trade in endangered species of fish and fish products;
• prohibit the possession, trade in or manufacture ofprohibited gear in a specified area or areas;
• pue
• (k) any other measures consistent with the objective and principles of this Act.
• (2) Any person who contravenes the provisions ofa 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.
• (3) The measures referred to in this section may
• include-
• (a)refusal to issue or renew licences;

• (b)imposition of special licence or catch fees;and
• ()preferential licencing
• 40.(l) TheDirector-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.
• (2) A person aggrieved by the action taken by the
• Director-General pursuant to subsection (l) may appeal in writing to the Cabinet Secretary.
• 41.(l) No person shall use,permit to be used or attempt to useorcarry on board avessel-
• 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;
• (b) any fish aggregating device unless an authorization has been issued in accordance with this Act,
• (C) a trawl net or other net the mesh ofwhich is less in stretched diagonal length than the prescribed mesh size;
• (d)
• the method of pair trawling for the purpose of fishing;
• (e)
• monofilament net for the purpose of fishing;
• attachments to any trawl net except as may be prescribed;
• g a gill net,whether drifting or set,in any river or body ofwaterformingpartof theriverine system ifthe mesh of the net is less than forty-five
• millimeters in stretched diagonal length;
• (h)
• (i
• a seine net the mesh of which is less than fortyfive millimetres in stretched diagonal length;
• a beach seine net for the purpose of fishing;
• a seine net in any body forming part of the riverine system;
• (k) firearms or other electrical shock devices for the

Limitation of fishing and fishing related activities

Prohibited fishing gcar andmethods.

• purpose of fishing including stunning, disabling or killing fish or in any way rendering fish to be

caught easily;or

• 1 such other gear as may be prescribed or prohibited by regulations established under this Part.
• (2) Unless otherwise prescribed,no person shall use for fishing, from an industrial fishing vessel,any net or combination of nets the mesh ofwhich is less than-
• (a)sixty millimetres in stretched diagonal length for the meshes forming the cod-end of the net for demersal trawlnets;
• (b) forty-fivemillimetres in stretched diagonal length for the meshes in the cod-end for catching shrimp
• and other shellfish;
• C forty-five millimetres in stretched diagonal length
• for seine nets;and
• (d) )in the case of a trawl net,where the sides of the net are less than the mesh of the cod-end.
• (3) No person shall use on an industrial fishing vessel a bottom trawl in coastal waters of less than fifteen meters depth.
• (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.
• (5)Noperson shall-
• (a) permit to be used,use or attempt to use any explosive,poison or other noxious substance for
• the purpose of killing,stunning,disablingor catching fish,or in any way rendering fish more
• easily caught;or
• (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).
• (6)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 imprisonment for a term not exceeding three months or to

both in respect of industrial fishing and to a fine not exceeding one hundred thousand shillings or to both in respect to artisanal fishing.

• 42.(1) No person shall while using a vessel, wilfully
• and negligently damage,destroy,interfere with,endanger or cause injury in respect of
• (a)any fishing gear that he or she does not own or use
• or that is not associated with such vessel;
• (b) any other vessel and/or persons thereon;or
• (c) any persons on any other vessel or otherwise in the Kenya fishery waters.
• (2) Where a vessel becomes entangled with fixed fishing gear or other object referred to in subsection (l),the
• master shall-
• (a) undertake to minimize any damage caused by the
• gear,
• (b) where practicable return the gear to the sea and log the position;and
• ()make a full report of the incident and steps taken by him or her to the Director-General at the earliest opportunity.
• (3)Where events referred to in subsection (l) or (2) occur,themaster shall,immediately
• (a) where any person has been injured or harmed in any way-
• (i) rescue such person from the sea;
• (ii) administer all possible first aid or medical treatment:and
• (ii) steam directly to shore and seek further medical treatment;
• (b) where there has been a death of a person,recover the body and bring it directly to port;and
• C make full report of the incident and steps taken to

Damage, destruction to and interference with fishing gear, vessel,person prohibited.

the police.

• (4) A person who contravenes sub-section (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 imprisonmentnot 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.
• (5) Where human life is lost as a consequence of any negligent or wilful action under sub-section (l), 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.
• (6) Each person making a claim for compensation pursuant to subsection (4) shall do so within a period of threeyears.
• 43.(l) 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 includingby continuing to enmesh,trap or otherwise catch fish,impede harvesting operations, damage harvesting gear or endanger vessels.
• (2) Aperson who contravenes subsection(l) 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 ofimprisonment not exceeding three

abandoning objccts in the sea

Leaving or Prohibited.

months in respect of artisanal fishing.

• 44.(l) 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.
• (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).
• (3)Aperson who contravenes sub-section (2) commits an offence and shall be liable on conviction to
• (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
• (b) a fine not exceeding fifty thousand shillings or a term of imprisonment not exceeding six months in respect of artisanal fishing.
• (4) Where a species of fish has been declared as endangered under subsection (l),the Cabinet Secretary shall take special measures foritsprotection.
• 45.(l) Subject to subsection (3),no person shall engage in fishing for marine mammals in the 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.
• (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.
• (3)TheDirector General may give written authorization to fish for marine mammals in a limited manner for research purposes.
• (4) A person who contravenes subsection (l) or (2)
• commits an offence and shall be liable on conviction to a

Declaration of endangered species of fish.

Prohibitions and requirements for marine mammals.

fine not exceeding five hundred thousand shillings or to a

term ofimprisonment not exceeding threeyears or to both

• 46.(1) The Cabinet Secretary may,in consultation
• with the Kenya Fisheries Advisory Council,stakeholders and the Board,by notice in the Gazette,declare any area of the Kenya fishery waters to be a Marine Protected Area and shall,as part of such declaration,identify its components including the following
• (a)area;
• (b) boundaries;
• (c) purpose;
• (d)
• (e)
• objective;
• a mandate for total orpartial regulation;
• ( management measures;
• (g) decision-making responsibilities;
• (h) procedures for the coordination of stakeholders;
• procedures for conflict resolution;and
• procedures formonitoring and review.
• (2) The Cabinet Secretary may,subject to approval by the National Assembly,make regulations to give effect to this section.
• 47.(l) Any person or Government Ministry or other
• which is likely to have an adverse impact on fish and their habitat,shall apply to the Director-General in the prescribed formprior to the commencement of theplanned activity with a view to ensuring the conservation and protection of such resources.
• (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.
• (3)Any report or recommendation prepared in accordance with subsection (2) shall be taken into account by the relevant person,Government Department or other

MarineProtected Areas.

Fisheries impact

assessments.

agency in the planning of the activity and in the development of means of preventing or minimising any adverse impacts.

(4) Any report made under sub-section (2) shall be completed within six months ofmaking the application

(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 threeyears 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.

48.(l) 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.

(2) A person who contravenes subsection (l) 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.

(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.

(4)Notwithstanding subsection (2),in the event of an accidental introduction into the Kenya fishery waters of any deleterious article or substanceprohibited in subsection (1),or in the event of encountering such articles, the owner, operator or master of the vessel shall immediately report the incident to the Director-General giving the following information to the extentpossible-

• (a)t the name of the reporting person and,as appropriate,thename and call sign,if any,of the vessel from which the introduction or encounter

Pollution of the Kenya Fishery Waters.

No.8of1999.

occurred;

• (b)the nature of the article disposed or encountered;
• (c)the location of the article or substance; and
• (d)the time and date of the incident.
• (5) Unless it is provided otherwise,the provisions of section 93 of the Environmental Management and Coordination Act,1999,shall apply to offences involving discharge ofpollutants under this Act.
• 49.(l)TheCabinet Secretary may,onthe recommendation of the Director-General as endorsed by the Board establish by a notice in the Gazette-
• (a)fish landing stations,
• (b) designated fishing ports,and
• (c)protected fish breeding grounds
• (2)Notwithstandingsubsection(l),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.
• (3) No person other than a sport fisherman shall land any fish at any point except at a fish landing station or port.
• (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.
• 50.(1) No person shall place or,by act of omission or otherwise,cause to be placed,any species oflive fish in any place in Kenya fishery waters without authorization issued in writing by the Director- General,except where
• (a)the fish species being so placed previously occurred in the same body of water prior to being fished therefrom;or
• (b) a fish farmer is stocking his pond with fish obtained from another fish farmer with whom-he

Fish landing stations,ctc.

Placing of live

fish.

shares the same water catchment area.

• (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.

Director-General to direct stock assessments, collection and analysisofother inform ation and forward to the Board.

• 51.(l) In addition to the information requirements specified in Part VIll,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.
• (2) In addition to the requirements set out in Part VIll, any data collected pursuant to this section shall be maintained in a database in such form as the DirectorGeneral may determine.
• (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 exceedingoneyear or to both.
• 52.(1) No person shall,within Kenya or in the fishery waters,on their own account or any other capacity
• (a) cause or permit a person acting on his or her behalf,or
• (b)use or permit a vessel to engage in fishing or related activity,

to take,import,export,tanship,land,tansport,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 ofintermnational conservation, or any applicable international conservation management measuresadopted byarelevantregional fisheries management organization and management measures in line with section 3l of this Act.

• (2) This section does not apply to fish taken on the high seas contrary to the law of another State whereKenya does not recognise the jurisdiction of that State over those fish except to vessels flying Kenya's flag or to areas where

Prohibited activities relating laws of another

to fish or fish products taken contrary to the State.

the boundaries are disputed or not clear.

• (3) A person who contravenes subsection (l) commits an offence and shall be liable on conviction to
• (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
• (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.

PARTVI-IMPORT,EXPORTAND TRADEAND MARKETINGOFFISHANDFISHPRODUCTS

• 53.1) No person shall import any live fish or fish products into Kenya without the written authorization of theDirector-Generaland in accordancewith such procedures as may be prescribed and the authorization shall only be given upon production of an environmental impact assessment report on the effect of each introduction.
• (2) No person shall release any live fish imported into Kenya into the fishery waters except with the written approval of the Director-General.
• (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.
• (4) Where the Director-General is satisfied that any fish which has been imported into Kenya is unsuitable for the purpose ofrelease the Director may order the fish to be forfeited and destroyed.
• (5) The importer and exporter of any fish destroyed under subsection (4) shall not be entitled to compensation.
• 54.(l) No person shall export any live fish from Kenya except in accordance with regulations.
• (2)Aperson who contravenes subsection (l)commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonmentnot exceeding threeyears or to both.
• 55.(1) No person who has clear cause to believe that a fish, fish product or other fisheries resources have been

Import and release of live

fish.

Export of live

fish.

Possession and trade-in fish,fish product or other

marine resources

• obtained in contravention of this Act shall buy,sell,possess or otherwise trade in such fish,fish products,or other fisheries resources.
• (2)A person who contravenes subsection (l) 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 offenceiscommittedshall beforfeited.
• 56.The Director-General may,in consultation with Fish Marketing Authority,for the purposes of promotion of fish production and marketing-
• (a) enter into arrangements and agreements with registered associations or institutions for the management development and administration of fisheries,and
• (b) facilitate theestablishment of fish market management units and aquaculture production units.

PARTVII-FISH QUALITYAND SAFETY

• 57.(l) The Ministry responsible for the Service shall be the competent authority responsible for the official control of the safety offish,fishproducts and fish feed.
• (2) The Cabinet Secretary shall establish a standing committee and a technical committee on Fish Quality and Safety.
• (3) The functionsof the Committee shall be to-
• (a) monitor the production of fish products and fish
• feed with a view to assessing risks to humans;
• (b) regulate fish handling,landing,transportation,
• processing and marketing;
• (C) work in collaboration with other Government agencies in matters related to this section;
• (d) carry out inspection of operational fishery enterprises for compliance with fish safety
• regulations issued by the Cabinet Secretary;

prohibited.

Promotion of fish

production and marketing.

Compclent authority.

• (c)
• compliance with provisions under paragraph (f);
• f specify conditions for the placing on the market offish,fish products and fish feed;
• (g) maintain aregister of fishery approved by the competent authority.
• enterprises
• (h) issue health certification of fish,fish products and fish feed subject to the consignment meeting set requirements;
• perform such other functions as may be necessary or expedient for food safety conditions of fish products in accordance with this Act.
• (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
• and the technical committee.
• 58.The Director-General may,pursuant to the Treaty Making and Ratification Act,20l3in 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.
• 59.(l) Any person who sells or exports fish or fish products intended for human consumption shall comply with all applicable food quality,health and sanitation requirements and shall not sell or export such fish or fish products which-
• (a)
• are adulterated;
• (b) are contaminated with or containsa poisonous or harmful substance or pathogenic micro-
• organisms;
• have not met applicable inspection standards; or
• (d)are otherwise injurious to human health.
• (2)A person who knowingly and wilfully contravenes sub-section (l) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to animprisonmentfor a termnot exceeding tenyearsorto both,and in addition any fish or fish products involved in the transaction and those owned or controlled by such

Harmonization of fish safety and quality standards.

Sale.export of adulteratedor contaminated fish, or fish products prohibited.

person shall be forfeited.

PARTVIII-AQUACULTURE

• 60.(l) No person shall engage in commercial
• aquaculture activities except in accordance with this Act.
• (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 fiveyears or to both
• 61.(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.
• (2)Any aquaculture development plan developed
• under subsection (l) shall be for duration of three years.
• (3) The aquaculture developmentplan shall include
• (a)a statement of the objectives and priorities of the plan and a strategy for achieving those objectives;
• (b) performance indicators to monitor the extent to which the objectives of theplan arebeing attained;
• (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;
• (d) a description or identification of any area ofwater which is suitable for aquaculture and the type of aquaculture for which the area is suitable;
• (e)a description of suitable methods for undertaking
• any type of aquaculture;
• f identification of suitable or unsuitable species of fish for aquaculture;
• (g)requirements or standards for water quality, aquaculture waste,escapement,environmental impact assessments and the introduction,transfer

Aquaculture activities requirements.

Aquaculture development plan.

and release of fish for purposes related to

• aquaculture;and
• (h) any other matter concerning aquaculture which the Board orDirector-General considers appropriate.
• (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 casewithin oneyear from the date on which this Act enters into force.
• 62.The Director-General shall,in collaboration with County authorities and relevant bodies,ensure that-
• (a) aquaculture developmentis ecologically sustainable and allows rational use of the resource shared by aquaculture and other activities;and
• (b) the livelihood,culture and traditions of local communities and their access to fishing grounds arenot affected by aquaculture development.
• 63.(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.
• (2)A person who contravenes subsection (l) 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.
• 64.(l) County governments shall monitor aquaculture
• and mariculture practices and operations in areas under their respective jurisdictionspursuant to this Act.
• (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 govemment shall in consultation with the Cabinet Secretary, give notice in writing to the owner of the

Collaboration with Counties.

Prohibited to deprive community of

traditional aocess to fisheries.

County's

responsibility to monitor noncommercial aquaculture activities.

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.

• (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.
• (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 ofimprisonment not exceeding three years or to both,and in addition shall be responsible for costs directly associated with the resulting damage.
• (5) Where an officer wilfully,negligently or without justifiable cause issues a notice under sub-section (2), the officer shall beheld personally liable for anyresultant loss.
• 65.(1) No person shall,without written permission granted by the Director-General on the advice of the Board-
• (a) introduce or cause to be introduced into Kenya or the Kenya fishery waters any exotic species of
• fish or any genetically modified fish;
• (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;
• C import or export live fish for the purpose of aquaculture;or
• release into the fishery waters any fish except for
• (d) indigenous wild fish caught in Kenya.
• (2) Permission for any activity in subsection (l) may be granted subject to such conditions as the Director-

Permission of Director-General and approval by Board required.

General,with the written approval of the Board,considers

appropriate and after an environmental impact assessment has been undertaken.

• (3)A person who contravenes subsection (l)
• commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to a term of imprisonment not exceedingfiveyears or to both.
• 66.(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.
• (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.
• 67.(l)Each person engaged in commercial
• aquaculture in Kenya shall ensure that aquaculture waste
• a) does not cause an unsightly or offensive condition at the licence area;and
• (b) is secured or treated in a manner designed to prevent it from being blown,washed or swept off
• the licence area.
• (2) Where any person fails or apparently fails tofulfil the conditions set out in subsection (l),the DirectorGeneral,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.
• (3) Each person who is notified by the DirectorGeneral pursuant to subsection (2) shall promptly fulfil the requirements set out in the notification.
• (4)A person who contravenes subsection (l) or (3) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a

DirectorGeneral's authority to inspect,seize fish destined for import orexpert or diseased, highly invasive fish.

Aquaculture

waste.

term of imprisonment not exceeding fiveyears 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).

• 68.(l)Eachperson engaged incommercial
• aquaculture in Kenya shall take appropriate measures to prevent or minimise the risk of the escape of aquaculture stock into the wild
• (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 extentpossible.
• (3) Each person engaged in commercial aquaculture
• in Kenya shall,within twelve hours after becoming aware of the escape of hatchery reared aquaculture stock or damage to a farming structure in relation to a facility over which the person exercises management or control or to other equipment,that may lead to the escape of hatchery reared aquaculture stock,notify the Director-General of the escape or damage,including the following
• (a)t the species of fish affected;
• (b) the date(or an estimate of the date) on which the escape ordamage tookplace;
• the number and biomass (or an estimate of the number and biomass) of the fish thathave
• escaped;and
• 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
• tookplace,

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

• (4)A person who contravenes subsection (1),(2) or (3) commits an offence and shall be liable on conviction to a finenot exceeding five hundred thousand shillings or to a

Escapement.

term ofimprisonmentnot exceeding fiveyears or to both

• 69.(1) No person shall use in a commercial aquacultureestablishment 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 theDirector-General.
• (2) A person who contravenes subsection (l) 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 exceedingfiveyears or to both
• 70.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.
• 71.(l) No person shall,without a valid and applicable aquaculture license
• (a) interfere with or harvest the product of an aquaculture establishment without the written authority of the licensee;
• (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;
• C destroy,damage,displace or alter the position of any equipment lawfully deployed in connection with an aquaculture licence;or
• (P) without lawful excuse cause the release of any product of an aquaculture establishment.
• (2)A person who contravenes subsection (l) 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 damagewhich is thedirect result of his/her
• contravention.
• 72.Subject to applicable regional and international
• law,the Director-General shall initiate dialogue with other riparian States to ensure that governments and aquaculture farmers are obliged to protect transboundary aquatic

Use of drug, chemical,ctc. restricted.

Information on wild, genetically modified species.

Interfering with aquaculture establishment prohibited.

Transboundary aquaculture ecosystems.

ecosystemsfrom-

• (a)escapement of aquaculture species into shared
• water bodies;
• (b) waste from aquaculture activities;
• (C) diseases that are likely to become or havereached epidemic proportions;and
• effluent that might affect transboundary aquatic
• (d) ecosystems.
• 73.(l) The Cabinet Secretary may make Regulations
• for thebetter carrying out of theprovisions of this Act.
• (2) Without prejudice to the generality of the provisions of subsection (l),the Regulations shall
• include-
• (a)
• fish hatchery standards:
• (b) qualifications of persons authorized to offer aquaculture extension services;
• C the mode of establishment of fish cages or any such form of aquaculture establishment in Kenya
• P
• fishery waters;
• aquaculture extension systems;
• (e) fish disease surveillance, control management in aquaculture establishments;
• and
• (f)the use of biotechnology to increase productivity;
• (g) codes ofpractice for fish farmers;or
• any other measure that he deems necessary for
• (h) the proper management of aquaculture.

PARTIX-INFORMATION,DATAAND RECORDS

• 74.(1) The Director-General may,for purposes of this Act,require any person to keep and furmish in such manner and form and at such time as the Director may
• specify-
• (a)any information and data,including information relating to fishing,fisheries,aquaculture,landing research,storage,foodsafety,processing buying,selling,exports and other related

Regulations for Aquaculture.

Information,data and records.

transactions;

• (b) accounts,records,returns, documents;and
• (c) any other information in relation to activities falling within the scope of this Act additional to that specified under this Act.
• (2) The following categories of persons shall keep
• such accounts, records, documents, and furnish such returns,data and other information,in accordance with the requirements under this Act-
• holders of licences or authorizations issued under
• (a) this Act,
• b) owners,operators,legal representatives,and masters of vessels licensed or authorized under this Act;
• (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;
• (d) persons who engage in the receiving, buying, selling,transporting,processing,storage,export, import or disposal of fish orfish products;
• (e) persons who engage in commercial aquaculture
• activities;
• (fpersons engaged in recreational fishing;
• (g) persons engaged in fishing otherwise than for the purpose of sale of the fish caught, including research;and
• (h) such other persons who may be required to do so by the Director-General pursuant to this Act.
• (3)The Director-General may,for purposes of
• verification of accounts,records, documents,returns,or informationrequired tobekept,furnished or communicated in any manner or form under subsection (1) or(2)
• (a)audit or inspect any accounts,records,returns or otherinformationor placewhere such
• information may be kept;
• (b) audit or inspect any vessel, processing plant

aquaculture establishment or other facility

• operating under the scope of this Act;and
• C require from any person further information, clarification or explanation regarding any accounts, returns or information kept, furnished or communicatedunderthissection in accordance with such time limits as may be specified orprescribed.
• (4)Aperson who
• (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
• (b) does not facilitate,assist or comply with the requirements for an audit orinspection undertaken pursuant to subsection(3),

commits an offence and shall be liable on conviction to a fine of three hundred thousand shillings or to a term of imprisonment not exceedingfiveyears or to both,and any licence issued pursuant to this Act which is held by such person shall be revoked.

• 75.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 Govemment.
• 76.(l) 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.
• (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
• (3) A person who contravenes subsection (i) commits

Ownership of information.

Information in

partnership agreements between vessel agents and vcssel owners.

an offence and shall be liable on conviction to a fine of one million thousand shillings or to a term ofimprisonment not exceeding threeyears or to both.

• (4)Any person who,not being party to the
• partnership, association or other contractual obligation referred to in subsection (l),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 fiveyears or to both.
• 77.(l) The labels of any container or packaging
• materials containing fish harvested in the Kenya fishery waters shall clearly indicate
• (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:
• (b) the name of the fishing vessel that harvested the
• fish,
• (c) the name of the company that is the owner or
• operator of the fishing vessel;and
• (d) such other information that may be prescribed
• (2)A person who contravenes subsection (l) 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 threeyearsor to both.
• 78.(1)Any information given,furnishedor maintained or required to be given,furnished or maintained under this Act shall be true,complete and accurate.
• (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 ofimprisonment

Information on labelsof containers,etc. containing fish harvested in Kenya fishery waters.

Information to be true,complete and

correct.

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.

• 79.(1)No person carrying outduties 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.
• (2) The Cabinet Secretary in consultation with the Director-Generalmaydesignate any information as confidential,and in doing so may also exempt general summaries of aggregated information from confidentiality requirements.
• (3) The Director-General may authorise in writing any
• person to-
• (a)
• receive or access confidential information;
• (b) access or restrict access to such premises holding confidential information as he/she may designate.
• (4)Notwithstanding subsection (2),the following information shall be confidential unless the Cabinet Secretary inconsultation withthe Director-General otherwise directs-
• (a) any information or data of a commercial nature
• provided in records,returns,or other documents required under this Act;
• b any information or data supplied by a vessel monitoring system or part thereof in accordance with this Act;
• C such raw data from scientific research as may be designated by theCabinetSecretary in consultation with the Director-General;and
• (d) such other information or data as may be required
• by the Cabinet Secretary in consultation with the

Confidential infomation.

Director-General.

• (5) Information may be disclosed to the extent-

2. (a) 3. that disclosure is authorized or required under this Act or any other law; 4. (b) that the person providing the information 5. authorized its disclosure; 6. (c) necessary to enable the Director-General to publish statistical information relating to the fisheries sector; 7. (d) necessary for enforcement of Kenya laws by other Ministries and agencies of the Government 8. of Kenya;

• e) necessary to discharge regional or intermational obligations or topromote regional and international cooperation orcoordination in monitoring,control and surveillance of relevant activities;and

10. necessary to enable advice to be given to the Cabinet Secretary. 11. (6) The Cabinet Secretary in consultation with the Director-General may authorise the release of any 12. information- 13. (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; 14. (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 15. C designated as confidential for such purposes as the Cabinet Secretary may approve or as may be prescribed. 16. (7) Any information designated as confidential shall maintain such classification for aperiod of fiveyears from the time of such designation,and at the expiry of five years, the Cabinet Secretary in consultation with the DirectorGeneral 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.

• (8)A person who does not comply with the requirements of subsection (1),except where disclosure is authorizedpursuant to subsection(3),(5)or(6) commits an offence and shall be liable on conviction to a fine of one million shillings
• 80.(l) The Director-General shall establish and maintain a national register of licences and authorizations issued under this Act in accordance with such requirements asmay beprescribed or required by the Cabinet Secretary.
• (2)The register established under subsection (l) shall
• include-
• (a) information on applications for licences and
• authorizations under this Act;
• (b) information on each licence and authorization issued,renewed,suspended or cancelled under this Act,including the activity, date and duration;
• (C) information on each licensed or authorized person,
• (d) information on the relevant vessel, facility, and/or licensed or authorized activity;
• (e) any record of non-compliance with the licence or
• authorization;
• (fany record of action taken as a result of non-
• compliance;
• 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
• (h) such other information that may be prescribed or required by the Director-General
• (3) The register established under subsection (l) shall contain information relating to fishing vessels licensed to engage in fishing or fishing related activities in Kenya fishery waters and to Kenya fishing vessels authorized to operate in areas beyond national jurisdiction.

Registers of licences and authorizations.

• (4)TheDirector-General shall,inrespect 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.
• (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.
• (6) The Director-General shall ensure that,where appropriate,information is released from the database and communicatedtootherStatesand 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.
• (7) Registration of a licence or authorization in the national register shall not be considered a licence or authorization for thepurposes of this Act.
• (8)A person may,upon payment of such fee as may
• from theregister.
• 81.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.
• 82.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 intermational organizations,except for such information that may be designated confidential in accordance with section 82

Information on legaland administrative action taken in respectof violations ofthe Act.

Information available to

public.

Licences,authorizations andregistration

• 83.(l) A valid and applicable licence issued in accordance with section 90(3) shall berequired for-
• (a) using an industrial fishing vessel for fishing or fishing related activities in the Kenya fishery
• waters;
• (b)using a semi-industrial fishing vessel for fishing or related activities in the Kenya fishery waters;
• (c)using an artisanal fishing vessel for commercial purposes;
• (d)commercial aquaculture;
• (e) ornamental fishing:and
• f 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.
• (2)The respective county governments shall be
• responsible for issuing licenses with respect to using any vessel forrecreational fishingin theKenya fishery waters.
• (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 sub-section (2).
• (4) Each County Government may enact county specificlegislation setting out the
• (a) criteria for the registration of a vessel and issuance of a licence to an applicant for a licence under subsection (2);
• (b) information required to be submitted by an applicantforregistration orissuance of a licence;
• (C)
• process of determination of an application;
• (d) conditions for the issuance or renewal of a
• licence under this Act,
• (e) grounds for the rejection of an application or cancellation of a licence issued under this Act;

Licences and authorizations required.

and

• (fprocess 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.
• (5) A valid and applicable written authorization issued in accordance with section88 and 89 shall be required for-
• (a) using a Kenyan fishing vessel in areas outside the Kenyan fishery waters;
• (b) each transhipment,including the transfer of fish from a fishingvessel to a carriervessel or a shore based facility for the purpose of export;
• using any vessel for marine scientific research or test fishing;
• (d) using any foreign fishing vessel to enter a port in Kenya;
• (e) deployment tand maintenanceof anyfish aggregating device in the Kenya fishery waters;
• conducting fishing operations for educational purposes;and
• (g)
• the supply of food in case of emergency.
• 84.(l) Any person engaged in subsistence fishing
• shall be exempted from the requirement for a license but shall beregistered.
• (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.
• (3) Subsection (l) shall not apply to a person employed by a licensee,or,subject to section 23 of the Penal Code,to a company which is a licensee,in respect of
• 85.(1) The Board,on the recommendation of the Director-General may approve the grant or renewal of

Subsistence exemption from licence requirements.

Grant,renewal and issuance of licences and authorizations.

section 87 after all inspections,verifications and other pre-

• licensing requirements under this Act have been discharged.
• (2) A licence or authorization shall not have legal
• force or effect unless it has been approved and endorsed as required in subsection (1).
• (3) The Director-General shall,in approving or
• renewing a licence under subsection (l),act in accordance with the procedures required pursuant to this Act and such other transparent and accountable standards as may be determined and published.
• (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.
• (5) Where the Director-General declines to approve,
• issue or renew a licence or authorization,the DirectorGeneral shall state in writing reasons for the decision,and promptly transmit them to the applicant.
• 86.(l) In approving or renewing licences and authorizations pursuant to this Act,and in setting the level ofany performance bond required pursuant to section 134, the Director-General shall take into account the extent to which the relevant fishing vessel,including its operator or other relevant person,as appropriate,has
• (a) the ability to comply with,or has complied with this Act,relevant laws of Kenya and any Fisheries Management Plan and such other standards as may be required in writing by the
• applicable licensing terms and conditions or Director-General;
• (b)complied,and has the ability to further comply with other applicable regional and international obligations of Kenya;
• () complied with all applicable vessel registration requirements;
• (d) complied with all applicable requirements for
• including as appropriate the full payment of costs

Standardsfor approval,renewal and issuanceof licences and authorizations.

for inspections;

• (e)provided all required data and information;
• (f)in the case of an operator or person,compliedwith applicable laws of other States and international conservation and management measures;
• (g)where the applicant has been convicted of any offence under this Actor any otherlawrelevant to the activity for which application was made,the requirements of the judgment have been fully met;
• and
• (h) complied with other relevant laws of Kenya including any applicable requirements of the
• Merchant Shipping Act
• (2)Inapproving orrenewing licencesand authorizations in respect of any fishing vessel other than a Kenya fishing vessel pursuant to this Act,and in setting the level of anyperformance 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.
• (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 outsideKenya aperson duly authorized by therelevant government agency to carry out the duties of an inspector or an authorized officer, that all required licence conditions have been met, including that all gear on board is authorized pursuant to the licence.
• (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.

• 87.(l) A licence or authorization shall not be approved,endorsed,issued orrenewed where
• (a)
• a relevant vessel is not intended for use as a fishing vessel;
• (b) a relevant vessel does not hold a valid and applicable registration,or holds more than one registration;
• (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;
• (d) the issuance of a licence would be contrary to any applicable fisheries management plan or an aquaculture development plan;
• (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;
• (fthe 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:
• 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,any relevant international conservation and management measures 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

Requirements for denial of licences and authorizations.

illegal,unreported or unregulated fishing;

• h) the applicant,vessel,or associated person has been charged with an offence pursuant to this Act

2. more than three times and has- 3. not submitted to judicial or administrative procedures;or, 4. ii) )has submitted to judicial or administrative procedures but has not fully complied with the final decision or determination; 5. the issuance of the licence or authorization would be inconsistent with an international agreement to 6. which Kenya is party; 7. the operator of the fishing vessel has not 8. provided a performance bond if so required pursuant to section 134;

• k) the activity is likely to threaten the sustainability of a fishery resource;

10. in the case of a foreign fishing vessel,an agent has not been appointed;or 11. (m) the vessel in respect of which the licence is 12. 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.

• (2) A licence or authorization shall not be approved issued or renewed for any fishing vessel if that vessel was previously licensed or authorized by a foreign State for fishing within or in areas beyond national jurisdiction and was convicted of a violation under national lawor undermined the effectiveness of international conservation

14. and management measures,and,as a consequence 15. (a)the foreign State suspended such licence or 16. authorization because of illegal,unreported or unregulated fishing activities by the vessel,and the suspension has not expired; 17. (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, umreported orunregulated fishing

activities;

• (c) no fishing licence shall be issued to a fishing vessel that has changed the flag within the same fishing season;or
• (P) fishing vessel which was previously convicted of a serious crime pursuant to this Act and has changed the flag and retained the ownership, shall not be licensed as a fishing vessel.
• (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.
• (4) For the purpose of subsection (l)(e) the term associated'shall include situations where the same legal or beneficial owner,or agent is shared
• 88.(l) Exceptwhereotherwiseprescribed,an application for a licence or authorization under this Act shall-
• (a) contain such information as may be required in this Act or in writing by the Director-General or as may be prescribed;
• (b) be in such form as may be prescribed or such other form asmay be approved by the Director-General;
• (c)in the case of industrial fishing vessels,be Certificate showing the gross tonnage issued under
• accompanied by an International Tonnage the Intermational Tonnage Rules;
• (d) be accompanied for the case of fishing vessels by a fishing plan which shall specify for each month of the full period of validity of a licenceor authorization,a fishing plan including the
• i) fishing gear to be used;
• (ii) species to be targeted for fishing,and
• expected quantity;
• (iii) species that will constitute bycatch and

Application for the grant or renewalof licencesor authorizations.

expected quantity;and

• (iv) area in which fishing or fishing will take place;and
• (e) be made in accordance with such procedures and other requirements as may be approved by the
• Director-General.
• (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.
• (3)Where-
• (a) the Director-General considers that an application has been made for an inappropriate class of
• licence;
• (b) there is insufficient evidence or information accompanying the application upon which to makea recommendation regarding the application;
• C) the information accompanying the application appears to be false,misleading or inaccurateor
• (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.

• (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.
• 89.(l) A licence or authorization granted under this Act-
• (a)shall be subject lo the terms and conditions,

Terms and

conditions of licences and authorizations.

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;

• (b) subject to subsection (2),shall enter into force on the date specified in it;and
• C unlesssoonerrevokedor suspendedin 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.
• (2) No licence or authorization shall be issued unless-
• (a) the approved fee and other required charges have been paid at the required time;and
• (b)where applicable
• (i)a performance bond has been issued as
• required pursuant to section 134 and notified to the Director-General;and
• (i any access fee or other charges or levies payable under any relevant access agreement or arrangement,right or licence have been paid.
• (3) The holder of a licence or authorization issued
• pursuant to this Act shall-
• (a) comply with this Act, the laws of Kenya, any applicable access agreement, fisheries management plan,and international conservation and management measures;
• (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
• 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.

• (4) The holder ofa licence or authorization in respect of a fishing vessel shall ensure that the licence or authorization,or a certified copy thereofis carried on board any relevantvessel at all times during theperiod ofvalidity 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 DirectorGeneral may authorise a true copy of a licence to be temporarily carried in circumstances where it has not been
• reasonablypractical for the original to beplaced on board a vessel.
• (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.
• (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 thousand or to a term of imprisonment not exceeding three years or to both.
• 90.(l) Where commercial employment is foreseen in relation to the activityforwhich thelicence or authorization is sought,it shall be a condition ofthe 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 accordancewith theEmployment Act,2007.
• (2)A licensee shall not
• (a) import unskilled labour;
• (b) in any case use child labour;or
• (c) use forced labour;

for the carrying out of any of its operations undertaken

under the terms of the applicable licence or authorization.

• (3) Where the applicant for a licence or authorization ispartly or wholly a foreign citizen or company,or where

2. an applicable fisheries access agreement, arrangement,

Preferencefor employment of citizens ofKenya

No.1of2007.

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,tocontribute tothe 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.

• (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.
• 91.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.
• 92.(l) A licence or authorization granted under this Actshall be subject topayment of-
• (a) such licence fee prescribed for that class of licence as may be prescribed; and
• (b) such other fees,charges or levies as are set out in this Act,or as may be prescribed or required by theDirector-General by public notice.
• (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 observerprogramme setout in section 147and topay the observer costs identified in section 152.
• (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 byPublicNotice.
• (4) Unless otherwise prescribed or required,the amounts payable pursuant to subsections (1),(2) and (3)

Period ofvalidity of licences and authorizations.

Fes,charges or

levies.

shall bepaid as a condition of the issuance of a licence and no licence shall be issued unless they have been paid in

full.

• 93.(l) The Director-General may,by written notice
• to the holder ofa licence or authorization or thatpersons agent,suspend or cancel any licence or authorization issued pursuant to thisAct for any of the followingreasons-
• (a) there has been a contravention of the licence or
• authorization,this Act,an applicable international agreement or intermational conservation and management measures or relevant applicable law ofa third country in respect ofwhich the licence or authorization wasgiven,and-
• any applicable law or intermational
• agreement providing for such suspension or cancellation;
• (ii) the relevant person or persons involved in such contravention has orhave not submitted to the legal or administrative process,or complied with the requirements of an applicable fine,penalty or other determination;or
• (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;
• (b) there has been a failure to maintain or comply with,or there has been any material change or change in circumstances affecting the eligibility criteria for the licence or authorization,in the
• registration of a company or a vessel;
• (i) ownership or beneficialownership or control of a company or vessel since the time of licence approval;or
• characteristics,identification markings,or gear of any licensed industrial fishing vessel;
• (c) the licence or authorization holder has furnished
• information which is untrue,incomplete or

Suspension or

cancellation of licenceor authorization.

• inconnection with thelicence
• misleading application;
• (d)where alicence or authorizationmay be transferred,this has been done without the written approval of the Director-General and endorsement by the Cabinet Secretary;
• (e) any fees, charges or levies required to be paid after the issuance of the licence or authorization have not been paid as required;
• (f) it is necessary to do so to implement conservation and management measures under this Act,in accordance with its objective and principles;
• (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
• (h) such other reasons as may be prescribed or provided inrelevant laws ofKenya
• (2) The Director-General shall suspend or cancel a licence or authorization in accordance with such procedures as may be prescribed,where
• (a) this Act,a fisheries management plan,aquaculture development plan or any intermational agreement so requires;and
• (b) such suspension or cancellation is endorsed by the Cabinet Secretary.
• (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.
• 4) There shall be no refund of fees paid in respect of a licence or authorization suspended or cancelled under this
• Act.
• (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.
• (6)Aperson 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 fiveyearsor to both.

• 94.(l) A licence or authorization issued pursuant to
• this Act shall automatically terminate-
• (a) upon the expiration of theperiod for which it was
• valid;
• (b) where avesselchanges the countryof registration,becomes registered in more than one country or is de-registered;or
• C where the master,owner or charterer of the fishingvessel towhich thelicenceor 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.
• (2) There shall be no refund for a licence or
• authorization terminated pursuant to this Act.
• (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).
• (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 imprisonmentnot exceeding fiveyearsor to both
• 95.(1) Any licence or authorization issued pursuant
• to this Act shall be-
• (a) issued to a specific fishing vessel or activity; and
• (b) personal to the holder of that licence.
• (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 bythe Cabinet Secretary.
• 96.An applicant for a licence who is aggrieved by a decision not to grant or renew any licence or authorization under this Act,or to a person who holds a licence or

Termination of licences and authorizations.

Transfer of

licences and authorizations.

Right of appeal.

authorization who is aggrieved by a decision to suspend or cancel such licence or authorization may appeal to the Board within thirty days of receiving notification of such decision,and may further appeal to the Cabinet Secretary within thirty days of receiving notification of the Board's decision.

Fishing.transhipment and fish aggregating devices

• 97.(1) Fishing licences issued for industrial or semi-
• industrial fishing vessels for fishing or fishing related activities shall include the following conditions
• (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;
• (b) the fishing vessel shall at all times fly the flag of the State of which it is national;
• (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 ofvessel and issued by such flag State or entity;
• (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
• (e) the operator shall comply at all times with such requirements for trawling gear as may be prescribed;
• (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;
• (g) the operator shall not carry firearms aboard unless
• authorized by the Director-General;
• (h) unless otherwise authorized by the DirectorGeneral,the operator shall ensure that at least a percentage of the crew members on board each fishing vessel are citizens of Kenya;
• (i) the operator shall comply with all relevant

Conditions for fishing for industrial or semiindustrial fishing vessels.

provisions ofnational law relating to navigational standards,standards relating to work conditions on board fishing vessels and the safety ofvessels at

sea,

• G) 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

2. (k) such other conditions that are required pursuant to this Act,or that may be required by Public Notice by the Cabinet Secretary by notice in the Gazette or as may beprescribed 3. (2) A person who contravenes any condition in subsection (l) commits an offence and shall be liable on conviction to a fine not exceeding fifty million shillings or 4. to a term of imprisonment not exceeding five years or to both. 5. (3) The Cabinet Secretary shall by notice in the Gazette,prescribe the percentage of Kenyan citizens to be employed as crewmembers toemployed on fishingvessels under this Act. 6. 98.(l) In addition to the conditions specified in 7. section 90, licences issued to industrial fishing vessels for fishing or fishing related activities shall be subject to the following conditions-- 8. (a)theoperator shall maintain fishingand 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; 9. b the operator shall install,maintain and operate,in automatic location communicator or such other equipment integral to a vessel monitoring system 10. accordance with the requirements of this Act,an as the Cabinet Secretary may require; 11. C the operator shall carry on board an observer designated by the Director-General and comply with all requirements relating to observers set out

Conditions for

industrialfishing vessels.

in this Act;

• (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;
• (e) the operator shall continually monitor the international distress and call frequency and the
• international safety and calling frequency;
• the operator shall ensure that a recent and up-todate copy of the International Code of Signals be
• carried on board and accessible at all times;
• g) the operator shall ensure that a recent and up-todate set of charts showing the Kenya fishery
• waters is carried on board at all times;
• (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;
• G 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;
• 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);
• k) except where transhipment has been authorized. all catch,or a designated portion,shall be landed for sale in the local market at such places as may be designated in the licence or directed in writing by the Director-General,and unless otherwise prescribed shall include the following landing obligations for each designated class ofvessel in

respect of the total fish catch taken from Kenya's

Economic Exclusive Zone on a yearly basis

• (i)purse seiners:
• (ii) long liners
• (ii) shrimp trawlers:

related activities-

30%

30%

70% of thebycatch

5%of the shrimp

(l)no person shall use a Kenya fishing vessel,being an industrial fishing vessel,except with a valid and applicable authorization issued pursuant to an application made in accordance with such form as may be prescribed, for fishing or fishing

• (i)on thehigh seas;
• (i) in areas under the national jurisdiction of any other State except in accordance with
• the laws of that State;or
• (ii) that do not comply with an applicable international agreement or undermine the effectiveness of intemational conservation and management measures;
• (m) no person shall use a Kenya fishing vessel,being an industrial fishing vessel,during the period ofvalidity of the licence-
• f for fishing or fishing related activities on the high seas for fishing related activities in areas subject to intemational conservation and management measures unless the licence or authorization has been endorsed to authorise such fishing;
• (i) in areas ofnational jurisdiction of other States except in accordance with a licence or authorization and the laws of that State:or
• () 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 ofintermational conservation and

management measures in an area to which such measures apply;

• (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
• 0) such other conditions that may be required by Public Notice by the Cabinet Secretary or prescribed in accordance with this Act.
• (2)A person who contravenes any condition in
• subsection (l) 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.(l) In addition to the conditions described in sections 90 and 101,the operator of each industrial fishing vessel shall make such reports as may be prescribed or required by the Director-General as a condition of licence or authorization,which shall include-
• (a) maintaining a fishing log for each fishing trip in the area to which the relevant licence applies in the English language or other language approved by the Director-General,which shall include
• (i)the gear type used;
• (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;
• (ii) the total number of hauls per day,aggregate time for each haul and total number of days fished per fishing trip;
• (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;

Reporting requiremcnts for industrial fishing vessels,

• (v) the species of fish returned from the vessel to the sea, the reason for the discard, the number,and
• (vi) such other information as may be prescribed or as the Director-General may require.
• (b) reporting information as may be prescribed or required approved by theDirector-General relating to the position of,and the catch on board the vessel and such other information that may be required by this Act or the Director-General at the following times
• at least twenty four hours prior to the estimated time of entry into and departure from the Kenya fishery waters;
• (ii) each day while the vessel is in the Kenya fishery waters;
• (iii) at least twenty four hours prior to the
• estimated time of entry or departure from port,and
• (iv) upon entry into or departure from a closed area or marine protected area.
• (c) ensuring that any information or data which may berequired Ito be transmitted byradio communication, a transponder, automatic location communicator or other component of a vessel monitoring system 1S transmitted continuously,accurately and effectively to the designated receiver;
• (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
• (ii) certifying that all information provided pursuant to subparagraphs (a),(b),(c) and (d)is true,complete and correct.
• subsection (l) 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.

• 100.(l)In addition to the conditions described in section 98,licences issued to semi-industrial fishing vessels for fishing or related activities shall be subject to the
• following conditions-
• (a) no person shall use a semi-industrial fishing vessel during theperiod ofvalidity of the licence-
• 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
• (ii) in areas ofnational jurisdiction of any other
• State except in accordance with laws of that State;
• (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;
• 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 theprescribed safety standards, the Director-General shall assign identification markings to the vessel and on payment by the applicant of the prescribed registration fee,issue tothe owner of the vessel a certificate of
• registration;
• P except where transhipment has been authorized all catch,or such portion as may be prescribed or required by the Cabinet Secretary,shall be landed for sale in the local market at such places as may be designated in the licence or directed in writing by the Cabinet Secretary,and shall include the following landing obligations for each designated class of vessel in respect of the total fish catch

Conditionsfor semi-industrial

fishing vessels.

for each fishing trip,unless otherwise prescribed:

• (i) undecked semi-industrial fishing vessels:
• 100%;and
• (i) decked semi-industrial fishing vessels:50%
• (e) no person using an undecked semi-industrial fishing vessel shall carry gear that exceeds such amount and dimensions as may be prescribed.
• (2) A person who contravenes any condition in
• subsection (l) 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.(l) In addition to the conditions described in section 98 and 106 the operator of each semi-industrial fishing vessel shall make such reports as may be prescribed or required by the Director-General,monthly or at such earlier time as may be required by the Director-General,as a condition of licence or authorization,which shall include-
• (a)maintaining a fishing log for each fishing trip in the area to which the relevant licence applies,in the English language or other language approved by the Director-General,which shall include
• (i)the date of fishing;
• (ii) the gear type used;
• (ii) the species of fish taken and the size and quantity of each species by weightor number as may be prescribed or the Director-General may require;and
• (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;
• (b) the place of landing or transhipment;
• (c) such other information asmay be prescribed or as the Cabinet Secretary may require; and
• (d) certifying that information provided pursuant to sub-paragraphs (a),(b) and (c) is true,complete

Reporting requirements for semi-industrial fishing vessels.

and correct.

• (2)A person who contravenes subsection (l) 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 threeyears or to both.
• 102.(l) No person shall use an artisanal fishing
• vessel for fishing in theKenya fishery waters without-
• (a)
• a valid and applicable registration number,and
• (b) displaying such registration number in accordance with the requirements in such form as may be prescribed.
• (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.
• (3) Any person who contravenes subsection (l) commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings or to a term ofimprisonmentnot exceedingoneyear or to both.
• 103.(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 otherlawofKenya.
• 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 orprofit from the requirements of subsection (l).
• (3)An application for registration of a fishing vessel shall be made to the Director-General in the prescribed
• form.
• (4) On receipt of an application under subsection (3) the Director-General shall cause the vessel to be inspected and may thereafter register thevessel.
• (5) The Director-General shall maintain or cause to be
• maintained of Fishing Vessels Register in which shall be

Registration of artisanal fishing vesscls.

Registration of

vessels.

entered the following information vessel- in respect of the

• (a) the name,street address,telephone number, fax number and email address of the owner andwhere applicable, the previous owner;
• (b) the name and any previous name of the vessel;
• (c) the year and place of manufacture;
• (d) the flag country and previous flag country if any;
• (e) type of gear used;
• (f)radio call sign;
• (g)vessel tonnage;
• (h)vessel length;
• (i) fish hold volume;
• (j) fish carrying capacity;
• (k)IMO number as applicable;
• (l) vessel identifier issued by an RFMO as applicable;
• and
• (m)national registration number.
• (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 ofregistration in respect of that vessel upon payment of the prescribed fee by the applicant.
• 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 thevessel.
• (8)Whereafishingvessel isoperatedin contravention of subsection (l),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 oneyear,or to both.
• (9)The requiremenis under this section are in

addition to and not in derogation from any requirement for

registration under any other lawrelating to vessels.

• 104.Unless otherwise provided,an application for a
• licence, authorization or registration under this Act shall be made in the prescribed form.
• 105.(l) Licences issued to recreational fishing
• vessels for fishing or fishing related activities shall be subject to the following conditions-
• (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 formatprescribed by theDirector-General.
• (b) on receipt of an application for registration ofa 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
• C such other requirements as may be prescribed or required by the Director-General.
• (2)Aperson who contravenes anycondition
• prescribed under subsection (l) 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 oneyear or to both.
• 106.(l) The operator of any vessel in the Kenya fishery waters and Kenyan flagged vessel operating in the high seas intending to take on board any fish by transhipment or any other means,shall-
• (a)only tranship-
• (i)at the port of Mombasa or such other port in Kenya that may be designated by the Director-
• General:
• (ii) atthetimeanddateauthorized for

Applications for licences,etc.

Conditions for recreational fishing vesscls.

Requirementsfor transhipment.

transhipment,and

• (ii) pursuant to a validandapplicable authorization issued pursuant to this Act and on such terms and conditions that may be required by the Cabinet Secretary;and
• (b) notify the Director-General of such intention not less than seventy-two hours prior to the intended transhipment.
• (2) Notification given under subsection (l) (b) shall include-
• (a) the vessel's name, radio call sign and fishing
• licence number where applicable;
• (b) full details of any catch on board the vessel;
• (c) the intended place,date and time of the transhipment;
• (d) the intended species and quantity of fish to be
• transhipped;and
• (e) the intended date and arrival time in Mombasa in order that supervisory arrangements can be made
• (3)Not less than seventy-two hours prior to transhipment,the operator shall apply to the DirectorGeneral for a transhipment or loading authorization as the case may be in accordance with the conditions and in such form asmay be prescribed andprior to the issuance of such authorization shall pay therequiredfee.
• (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.
• (5) The operator of a fishing vessel shall-
• authorized by the Director-General;
• (b) only tranship at the time and port or other place authorized by the Director-General for
• transhipment;
• (c) cause the fish being loaded to be accurately weighed and recorded by species on board the

• vessel,and fumish the Director-General with daily copies of these records;and
• (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,i including verification of the species and weight of the fish and determining when the transhipment operation has been completed.
• (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.
• (7) Upon completion of the transhipment operation, the operator of each fishing vessel shall submit to the Director-General within seventy-two hours ofthe 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.
• (8)A person who contravenes the provisions of this section 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.
• 107.(l) No person shall deploy or maintain a fish aggregating device in the Kenya fishery waters except with 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.
• (2) Conditions imposed under subsection (l)may include--
• (a) the method of use of the fish aggregating device;
• (b) its location;
• (c) the times during which it may be used;and
• (d) the markings or colourings to be adopted

Deploymcnt and

maintenance ofa fish aggregating device.

• (3) No fish aggregating device shall be placed in such

2. a way as to hinder or block marine traffic or be a hazard to navigation at sea

• (4) The authorization by the Director-General under this Act shall be in writing and may be in electronic form

4. whether as a condition of licence or otherwise.

• (5) Unless otherwise provided under this Actor

6. 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. 7. (6)The masterof anyvessel placing afish aggregating device shall notify the Director-General within twenty-four hours of such placement and of the nature and location of the device. 8. (7)Any person who contravenes subsection (1),(3) or 9. (6) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term ofimprisonmentnot exceeding oneyear or to both. 10. 108.(1)TheDirector-General may,by 11. notice published in the Gazette, declare any fish aggregating device to be a designated fish aggregating device for the purposes of this Act.

• (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

13. he/she may specify 14. (3) The Cabinet Secretary may,by Public Notice, declare that any class ofpersons who are Kenya nationals may fish within a specified radius of a designated fish devices.

• (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 ofimprisonmentnot exceedingoneyearor toboth.

16. 109.(l) No person, being the operator of a fishing aggregating device shall deploy a fish aggregating device

Designated fish

aggregating device.

Markings, equipment for fish aggregating devices.

unless it-

• (a) is clearly marked with the name of the owner and of the vessel from which such device was placed;
• and
• (b) is equipped with a radar reflector and such lights as are clearly visible at night from a distance of
• one nautical mile,

and has such other equipment or markings as the Director-General may from time to timerequire.

• (2)A person who contravenes subsection (l) 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.
• 110.(l) 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.
• (2)Apersonwho contravenes subsection(l)
• 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 oneyear or to both.

Fish processing and marketing

• 111.(l) Each licence to operate a fish processing establishment shall be subject to the following conditions in addition to any other conditions required pursuant to this Act-
• (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;
• (b) the operator of the fish processing facility shall
• ensure that-
• (i) all relevant health, hygiene and environmental laws and standards of Kenya are complied with:and

unauthorized fish aggregating

Disposal of devices.

Conditions for fish processing licence.

• (i)no fish is accepted for processing which has beencaught inillegal,unreportedor unregulated fishing operations.
• (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
• (d) each licensee shall comply with the requirements
• of applicable laws inKenya relating to food safety
• (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.
• (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.
• 112.(l) The period of validity of each fish processing licence shall not exceed one year,and shall be subject to
• renewal on an annual basis.
• (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 afish processingoperation and the requirements of thejudgment have been fully met.
• (3) Additional fees, terms and conditions may be
• amended or added during theperiod ofvalidity.
• (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 conditionsof the licence or any other law ofKenya and the

Period ofvalidity, renewal, additional conditions and suspension of fish processing licence.

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.

• 113.(l) 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.
• (2) Information requested and records kept by an inspector in relation to fish marketing may include,inter alia,the following
• (a) name of the seller;
• (b) name of the County;
• (c) name of the village the seller is from;
• (d) species of fish being sold;
• (e)number of fish being sold;
• (f)type of product being sold;
• (g) destination of the shipment;
• (h) name of the buyer;
• (i) date of sale;
• (j) date of shipment;
• (k) total weight of species being sold;
• (l)price per kilogram;
• (m)price of shipment;
• (n) means of transportation;
• (o)name of ship or plane;
• (p)number of flight or voyage;
• (q) customs requirement;and
• () the origin of fish or fish consignments
• (3) Any person to whom a request for information is made by an inspector shall promptly furnish such information.

Inspectors to request information and keeprecords.

• (4) Each inspector shall,after inspection of a fish
• processing establishment, promptly provide the DirectorGeneral or the county executive committee member responsible for fisheries,as the case may be with a certificate of inspection.
• (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 threeyears or to both.
• 114.(l) For purposes of fishery conservation and
• management, the Director-General may require data returns from the sellers or buyers of such species the DirectorGeneral during such period species the Director-General specify,including information relating to the-
• (a)
• quantity of fish bought or sold;
• name of the buyer or seller,and (c) origin of
• (b) species sold or bought.
• (2) Any person to whom a request for data returns is made by the Director-General pursuant to subsection (1) shall promptly furmish such information.
• (3) Aperson 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.

Aquaculture

• 115.(l) 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.
• (2) Any person who-
• (a)establishes or operates an aquaculture establishment in contravention of subsection (1); or
• (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 Retums.

Establishment and operation of aquaculture.

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 oneyear,or to both.

• (3) This section shall apply to such aquaculture establishments as the Director-General may by notice in the Gazette,prescribe.
• 116.(l) The owner or lessee of an aquaculture establishment shall register such establishment with the Director-General and shall,for the purposes of the registration,provide to theDirector-General-
• (a)a full description of the establishment;
• (b) the name of the operator, and
• such other particulars as the Director-General
• (C) may require.
• (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.
• 117.(l) An application for an aquaculture permit
• shall be made to the Director-General in the prescribed form.
• (2)An aquaculture permit shall-
• (a) confer on the holder exclusive rights to harvest the products of the aquaculture establishment within the area specified in the permit;
• (b) be subject to such conditions as appear to the Director-General to be necessary or expedient for the regulation of aquaculture,the management of fisheries or for the economic benefit of Kenya and,without prejudice to the generality of the
• foregoing,may contain conditions relating to
• i) the siting,design and materials used in the
• construction of the aquaculture establishment;
• (i) sanitary conditions for fish and fish products;

Registration of Aquaculture Establishment, notice of transfer.

Aquaculture

permits.

• (ii) measures for the prevention of the escape of fish farmed for aquaculture;
• (iv)measures for the prevention of fish diseases;
• (v) the marketing of the fish and fish products of the aquaculture establishment,and
• (vi) measures to be taken to minimize the escape of
• waste products and the pollution ofland and water.
• (3) An aquaculture permit shall not be transferred without the prior written consent of the Director-General.
• (4) The Director-General may approve the application subject to the applicant being granted,where applicable,an environment impact assessment licence underthe Environmental Management and Co-ordination Act,1999.
• 118.(l) 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 theproposed site.
• (2)After receipt of an application pursuant to subsection (l), the Director-General shall ensure that any relevant environmental Istandardsfortheproposed aquaculture project are being met,including requirements for siting,emissions and other relevant matters under the Environment Management and Coordination Act, 1999, determine whether the applicant is required to submit an environmental assessment of the proposed aquaculture
• and may,in consultation with the relevant County, project.
• (3)If the applicant is required to undertake an environmental impact assessment under the Environmental Management and Co-ordination Act,1999 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.
• (4) The applicant shall give notice of the application,

No.8of1999.

Application for an aquaculture licence.

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.

• (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.
• (6)A person who contravenes subsection (l),(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 imprisonmentnot exceeding one year or to both.
• 119.(l) When considering an application submitted pursuant to section 122,the Director-General may have regard to-
• (a) the technical and financial ability of the applicant to exercise the rights sought in the application in a satisfactory manner;
• (b) the species of fish that the applicant proposes to farm and the method of aquaculture that the applicant proposes to employ:and
• ()any other matters applicable to the licence that,in the opinion of the Director-General,are relevant.
• (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.
• 120.(l)TheDirector-General may require an
• authorized officer to inspect any siteproposed 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
• (2) The Director-General may require an applicant to

Standardsfor approvalof aquaculture licence.

Inspection of

proposed site.

pay such fee for the inspection carried out pursuant to subsection (l) as may be prescribed

• 121.(l) The period ofvalidity of each commercial aquaculture licence shall not exceed ten years,and shall be subject to renewal on an annual basis.
• (2) The Director-General may issue an aquaculture licence subject to any conditions the Director considers appropriate,including conditions relating to
• (a) the siting, design,equipment and materials to be used in the construction of the aquaculture
• establishment;
• (b) the control of species of aquatic life that may be introduced into such facility;
• (C) the promotion of sanitary conditions in the handling of fish and in the preparation and processing of fisheries and aquaculture products;
• (d) preventing the escape of fish from an aquaculture
• establishment;
• (e) preventing and controlling the spread of diseases
• to fish;
• marketing of fish and fisheries products of an aquaculture establishment;
• g) the disposal of dead fish or waste from an aquacultureestablishmentoperated by the licenseeincluding relevant consents and notifications required;
• (h) the control and monitoring of water quality in the aquaculture area;
• (i) the use of any chemicals or pharmaceuticals, drugs, antibiotics or other chemicals;
• G pollution in the proposed area of operation;
• (k) employment of a reasonable number of Kenya
• citizens;
• the composition of the feed which may be used;
• (m) the types of manures or fertilizers which may be
• used;
• (n) the use of hormones for controlling reproduction

Conditions for

aquaculture licences.

or promoting growth;

• (o) the disposal of dead or diseased aquaculture products,material or waste resulting from aquaculture;
• p the keeping of records;
• compliance with conditions under other relevant legislation in Kenya;and
• such other conditions as may be required or prescribed.
• (3) The Director-General may require as a condition of licence that-—
• (a) suchlicence for aquaculture automatically terminate if the facilityisnot developedwithin the period of time specified on the licence.
• (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 borme by the licence holder.
• (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 ofimprisonment not exceeding three years or to both.

122. 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.

PARTXI-COMPLIANCEWITH,LICENCES, AUTHORIZATIONSANDREQUIREMENTSFOR

FISHINGVESSELS

123. (1) No person shall,except under the authority ofand in accordance with avalid and applicable licence or 2. authorization issued pursuant to this Act- 3. (a)on the person's own account or in any other 4. capacity,engage in any activity; 5. (b) cause or permit a person acting on their behalf to 6. engage in any activity;or

Exclusive rights.

Unlicensed activities prohibited

• (c)use or permit a vessel to engage in fishing or a
• related activity ofakind or type,or at a time,orin a place or manner, for which a licence or authorization is required under this Act.
• (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.
• (3)A person who contravenes subsection (l) 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 fiveyears or to both.
• 124.Where a foreign fishing vessel-
• (a) enters the Kenyan fishery waters except for a purpose recognised by international law or relevant law ofKenya;
• (b) fishes within the territorial sea of Kenya,or
• (c) is used for fishing or fishing-related activities in the fisheries waters,except pursuant to the requirements of this Act,

the operator and master each commits an offence and shall each be liable on conviction to a fine not exceeding fifty million shillings or to an imprisonment ofa term of

more than oneyear or to both

• 125.(1) The operator and master of a
• (a)a semi-industrial or industrial fishing vessel in
• any place in the Kenyan fishery waters:or
• (b)
• Kenya fishing vessel
• navigating through an area under the jurisdiction of another State where it does not have a licence to fish;or
• at all times when navigating in an area of the highseas to whichinternational apply where it has not been authorized to
• conservation and management measures fish in that area pursuant to this Act,

shall ensure that all fishing gear on board is at all times stowed or secured in such a manner that it is not readily available for fishing unless the vessel is authorized to engage in fishing in that area of the Kenyan fishery Foreign fishing vesscis.

Stowage of

fishing gear.

waters or the high seas in accordance with an international agreement, intermational conservation and management measures or authorization of another State recognized by

Kenya as being applicable to the relevant area.

• (2) A person who contravenes subsection (l) commits

2. 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 fiveyears or to both. 3. 126.(1) Except as otherwise provided pursuant to this Act,no person shall engage in tran-shipment activities at 4. sea.

• (2) Any person including the operator of a vessel used

6. for transhipment,who contravenes the provisions of subsection (l) 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.

PARTXII-REQUIREMENTS FOR FOREIGN FISHINGVESSELS ORVESSELSFISHINGUNDER

CHARTERARRANGEMENTS

• 127.(l) 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.
• (2) Permission under Subsection (l) may be given pursuant to-
• (a) such international agreement,fisheries partnership agreement,jointventureorotherwritten agreement or arrangement setting out the terms and conditions of fisheries access as are required pursuant to this Act and additional terms and conditions as may be recommended by the Director-General,with--
• i States or regional economic integration organisations;
• (ii) any fishing association or similar body;
• (iii) a publicly incorporated company;or

Transhipment at sca prohibited.

Fisheries access.

• (iv) such other persons or bodies as the Cabinet
• Secretary considers appropriate,and/or
• (b) an access right granted by the Cabinet Secretary, taking into account the provisions of subsections (1)and (2) and in consultation with the DirectorGeneral,in accordance with such conditions as he may require and as may be prescribed,including
• the-
• maximum number of such rights tobe
• granted for a given period of time;
• (ii) maximum period of time during which such right can be held;
• (ili) fishery or fisheries to which rights-based access applies;
• (iv) qualifications of applicants for such rights;
• (v)procedures for application for such rights;
• (vi) criteria for the grant of such rights;
• (vi) conditions for the use of such rights;
• (viii)transferability of such rights;and
• (ix) conditions for the cancellation or revocation
• of such rights;or
• (c)a determination by the Cabinet Secretary,on the recommendation of the Director-General,that each vessel meets the requirements under this Act for licence issuance,including the standards for licence approval in section 90 and such other requirements that may be prescribed orrequired by
• national policy or bynotice in the Gazette and-
• (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
• (ii) the Cabinet Secretary determines there are clear benefits to Kenya for issuing such a
• licence.
• (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.

• (4) The Director-General shall, in respect of each

2. proposed arrangement,right and licence for fisheries access determine- 3. (a)the estimated value of the fisheries to the other 4. party;and 5. (b) the designated area,an access fee and other required benefits to Kenya,except that such fee orbenefits shall not includedevelopment assistance or benefits that are unrelated to the 6. value of the fisheries access. 7. (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 bepermitted for any activity in the territorial sea except for navigating directly through it to port. 8. (6) No licence or other authorization for fishing or vessel unless fisheries access has been granted in 9. fishing related activities shall be issued to a foreign fishing accordance with this Act. 10. 128.In addition to any other terms or conditions for fisheries access that may be prescribed or required,each agreement, arrangement,right,licence and authorization for fisheries access shall require 11. (a) theoperatorto complywith all laws of Kenya; 12. (b) the operator to hold,in respect of the vessel,a valid and applicable licence or authorization from the State in which it is registered to carry out fishing or fishing related activities in the fisheries waters; 13. (c) the operator to hold,in respect of the vessel,a valid and applicable license for fishing or fishing related activities issued in Kenya; 14. (d) that the vessel is included on a list of authorized vessels maintained by any competent regional fishery body to which Kenya is a party or a cooperating non-party in accordance with the rules

Fisheries access requirements.

ofthat body;

• (e) that the vessel is not included on a list of illegal, unreported or unregulated fishing vessels maintained by any competent regional fishery body to which Kenya isa party or a cooperating non-party in accordance with the rules of that body, and that that access shall automatically terminate should the vessel be included on such a list,
• (f the other party to take all measures required to ensure compliance with the requirements for fisheries access and otherwise pursuant to this Act, including by posting a performance bond in accordance with section 134 ifrequired;
• (g)where fisheriesaccess isagreed witha corporation,association or other body acting on behalf of its members or other persons,it shall be liablefor the undischarged liabilities of its members or other persons arising out of any operations under the agreement and the agreement itself,including fees;
• (h) that any trade-related undertakings are consistent
• with the rules of theWorld Trade Organization;
• (i) the flag States of the vessels to fully comply with their duties and responsibilities as flag States under international law and standards as reflected in international fisheries instruments;
• (j) fees, levies and other charges to be fully paid at the required time,and all other undertakings are discharged within a stated time,or access will automatically terminate should this not be done; and
• (k) such other requirements that may be made in accordance with the principles and objectives of this Act and as appropriate to implement any international obligation or undertaking ofKenya.
• 129.(1) Fisheries access shall,if agreed for more than one year,be subject to annual renewal based on a review which shall assess,inter alia-

Fisheries access

review.

• (a) the compliance by the other party with the laws of Kenya and the terms of the access agreement, arrangement,right,licence or authorization;
• (b) the realized benefits to Kenya under the access
• agreement or arrangement for the precedingyear;
• (c) the estimated value of the continuing fisheries access provided;and
• (d) such other matters as may be prescribed or required by the Cabinet Secretary in accordance with this Act.
• (2)Fisheries access may be terminated or suspended at any time by the Cabinet Secretary on the advice of the Advisory Council and Director-General-
• (a) according to its terms or upon material noncompliance 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
• (b) that continued fishing at current levels would for suspension or limitation as may be specified
• pose a risk to the fish stocks based on a precautionary approach,or on such other ground in this Act.
• (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.
• 130.(l) No agreement governing joint ventures,or the chartering of any foreign fishing vessel for fishing or fishing related activities within or beyond the Kenya approved by the Cabinet Secretary on the advice of the
• fishery waters,whether or not it involves changing the registration of the vessel, shall be valid unless and until it is Director-General.
• (2) A joint venture or charter agreement may be
• approved only where the following requirements are fully

Requirements for joint venture and charter agreements,rights and vessel licensing for foreign fishing vessels.

met-

• (a)a charter agreement vests operational control of the foreign fishing vessel in a Kenya citizen,
• resident or registered company;
• (b) the joint venture or charter agreement provides clearly identifiable benefits with no adverse effects to Kenya,its fisheries or its marine environment
• including-
• development of the Kenya fishing industry;
• (i) training of Kenya citizens;
• (i) foreign exchange earnings for Kenya;
• (iv) investmentin Kenya;
• (v)landing and domestic distribution activities;
• and
• (vi) development of export activities;
• (c) establishment of a company under the Companies
• Act,with specified ownership,control and equity by Kenya citizens;
• (d) the joint venture,charter agreement,right or
• compliance with all applicable laws in Kenya;
• (e) full and complete evidence is submitted,as the Cabinet Secretary may require, that all financial obligations of the foreign fishing vessel will be met promptly and effectively,including payment of all fees and any applicable fine,penalty or other determination which may result from the vessel's
• activities;and
• (f)in respect of a charter agreement, that the flag State is responsible for exercising full and effective control over the vessel when it is in areas beyond the national jurisdiction of Kenya
• (3) Unless a company is otherwise established undera joint venture or charter agreement,where the operator of the foreign fishing vessel is a company incorporated outside Kenya and doing business in Kenya,it shall establish a place of business in Kenya that includes the

Cap486.

• requirements for significant benefit to Kenya under subsection (2)(b) and shall comply with the requirements of Part XVlll of the Companies Act.
• (4) Any vessel fishing under an approved charter agreement shall be subject to all requirements of this Act in respect of foreign fishing vessels,including licensing and compliance agreements.
• 131.(l) The operator of each foreign fishing vessel licensed pursuant to section 13l shall designate an agent in accordance with the terms of such agreement authorised to accept on behalf of the company service ofprocessand 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.
• (2) Notwithstanding subsection (l),where a company
• has been established under the Companies Act for purposes of obtaining a licence for fishing or fishing related activities under this Act,such company shall designate in writing to the Director-General promptlyupon its incorporation
• (a) the full address of the registered or principal office of the company and their principal place of business in Kenya;
• (b) the present name and any former forename or
• surname,address and occupation of the person authorised to manage the company in Kenya;
• ()a list of the directors of the company,containing such particulars with respect to the directors as are by this Actrequired to becontained with respect to directors in the register of the directors of a company;and
• (d) the names and addresses of one or more persons continuously resident in Kenya authorised to accepton behalf of the company service ofprocess 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,

Agents or process,

companies to designated for purposes of legal information.

• (3) In the event of any alteration being made in the or in the names or addresses of such persons, the company

2. instrument or in the address or in the directors or managers shall promptly deliver to the Director-General a notice of the alteration. 3. (4)Each agent designated pursuant to subsections (1) 4. and(2) shall- 5. (a) be continuously resident in Kenya; 6. (b) have no record of conviction; 7. (c)have no record of association with illegal, unreported or unregulated fishing activities; 8. (d)where relevant carry out duties as required pursuant to the Companies Act,and other laws in Kenya relating to agents; 9. (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; 10. (f)receive and respond to legal process with respect to thevessel and its activities,operator,master and crew members; 11. (g) comply with all laws of Kenya; 12. (h) not exceed the authority as an agent;or 13. (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 ofKenya. 14. (5)The operator of each foreign fishing vessel required to designate an agent pursuant to subsection (l) or (2) shall ensure that the agent- 15. (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 16. (b) complies with all requirements in subsection (3) 17. (6)No licence shall be issued to a foreign fishing 18. vessel unless an agent has been designated in accordance

with this section.

• (7)Where any operator does not comply with
• subsection (4),the licence may be
• (a) suspended for such period as the DirectorGeneral,in consultation with the Cabinet Secretary,thinks fit,but not less than one month; or
• (b)revoked,and

the operator shall fully disclose information regarding the agreement between the operator and the agent in addition to therequirementsofsection 102of thisAct.

• (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 imprisonmentnot exceedingfiveyears or to both.
• 132.The holder of a licence issued for purposes of fisheries access pursuant to this Part shall,in the conduct of all relevant activities,give preference to-
• (a)
• materials and products made in Kenya;
• (b) service agencies located in Kenya and owned by-
• (i)
• Kenya citizens;
• (ii) companies or partnerships incorporated or registered in Kenya:and
• (iii) public corporations.
• 133.(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 beprescribed
• (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

Preference for Kenya products.

Performance bond.

violations against this Act,and shall be drawn upon in such manner as may be prescribed.

• (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

2. relevant fishery-

• (4) The forms of financial assurance acceptable under

4. this section may be any or a combination of the following- 5. (a) surety bond; 6. (b) trust fund with pay-in period; 7. (c)insurance policy; 8. (d) cash deposit; 9. (e)annuities. 10. (5) Where a licence-holder is obligated to provide a financial assurance under this section and fails to do so,the Director-General shall- 11. (a) cause a notice of demand to be served on the licence-holder a notice of demand;and 12. (b) cause a note of the service of the notice to be registered in a Magistrate's Court. 13. (6) If by the end of the period specified in the notice of demand under subsection (5) the financial assurance required from the licence-holder under this section- 14. (a) has been provided,the notice shall thereupon cease to have effect,and the Director-General shall cause the registry endorsement to be 15. cancelled;or 16. (b)has not been provided,the applicable licence shall 17. be liable to cancellation by the Cabinet Secretary. 18. 134.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.

Force majeure or

distress.

SURVEILLANCE

Powers of authorized officers

• 135.(l) 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.
• (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.
• (3) An authorized officer bringing or ordering a vessel toa 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.
• (4) Where an authorized officer is required to
• undertake duties in areas beyond national jurisdiction, unless provided otherwise in an intermational agreement or the duties were performed within areas under national jurisdiction.
• (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 totheterms ofsuch international agreement arrangement.
• (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

Authority and

general powers of authorized officers.

and regulations are being observed by the fishers and all licence holders and the components include surveillance on land,air and the sea."

• 136.(l) 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.
• (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 thisAct to do.
• 137.(l) 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 providingit to theDirector-General.
• (2) The Boarding and Inspection Form referred in subsection (l) 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.
• 138.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.
• 139.(l)Anauthorized officer may,in the performance of his functions under this Act,without a warrant at anyreasonable time
• (a) stop,enter,board,stay on board,examine and
• search anyvessel,vehicle or aircraft,including
• (i) any Kenya fishing vessel within and outside

Identification of authorized officers.

Declaration of boarding and

inspection.

Powers of hiot

pursuit.

Powers of entry and search of authorized officers.

the fisheries waters;and

• (i) any other vessel to which this Act or any
• international agreement applies;
• (b) enter, examine and search any premises or place, other than premises used exclusively as a dwelling house, or which are part of or attached toa dwelling house,which the authorized officer reasonably suspects are used for activities falling within the scope of this Act and-
• (i) in or on which he has reason to suspect that evidence of an offence against this Act may be
• found:or
• (ii) which it is necessary or expedient to enter or
• search to ascertain whether this Act is being or has been complied with;
• C stop any person and examine any record,article container,gear,apparatus,device,or fish in he possession of that person;and
• (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.

• (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.

2. (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. 3. 140.(1) An authorized officer may,for purposes and activities falling within the scope of this Act 4. (a)inspect,take,detain and securesamples documents,logbooks or other information,or copies thereof from any vessel,premisesfacilities 5. orother place,other than premisesused

Power to take, detain,remove and secure information and evidence.

• exclusively as a dwelling house but including premises that arepart ofor attached to a dwelling house used for activities falling within the scope of this Act;
• (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;
• (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;
• (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
• (e) otherwise remove and secure any item that may reasonably be considered to be evidence of an offence against this Act.
• (2)Where an authorized officer is questioning a person pursuant to subsection (l),among other things
• (a) require the person being questioned to provide answers including any explanation or information conceming any vessel or any place or thing or fishingmethod,ear,apparatus,record,document, article,device,or thing relating to the taking,sale buying,trade,import,export or possession of any
• fish;and
• (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.
• 141.(l) An authorized officer may,arrest any person-
• (a) whom he believes,on reasonable grounds,is committing or has committed an offence under this

Power of arrest.

Act,

• (b) who assault him or any other authorised officer,
• inspector,observer or fishery dock observerin the exercise of his powers or performance of his functions under this Act,or
• (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 theKenya Police Force as soon as practicable and that person shall thereafter be dealt with in accordance with the relevant law orlaws,
• 142.(1)An authorized officer may,if he believes that a vessel is being or has been used in contravention of the provisions of this Act or of the conditions of any license, authorization,authority,approval,permission,registration
• or certificate issued or otherwise effected under this Act-
• (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
• (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.
• (2) After an authorized officer has given a direction under subsection (l), 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 orremains in port.
• 143.(1) For the purposes of this section-
• (a)a vessel's equipment, gear, furniture, appurtenances, stores, cargo and aircraft shall be deemed to form part-of the vessel;

Power to give

direction.

Seizure ofvessels,

eto.

• (b) aircraft operating independently of a vessel shall be subject to this section;and
• (c)"Court"means the High Court.
• (2) An authorized officer may seize-
• (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;
• (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;
• 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;
• d) retain any passport and seaman's book-
• (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;
• (i) of any person arrested,until that person is brought before a court;or
• (ii) pursuant to any order of the Court;and
• e) any other item which the authorized officer has reasonable grounds tobelieve
• (i)has been or is being used in the commission
• of an offence against this Act;
• (ii) has been seized or forfeited under this Act; or
• (iii) has been unlawfully removed from the custody under this Act.
• (3) Anything seized pursuant to subsection (l) shall

be delivered into the custody of theDirector-General.

• (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.

144. (l) 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 cooperative 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 thevessel.

• 2)Any part or parts removed under subsection (1) shall bekept safely and returned to the master or owner of the vessel upon release.
• (3) No person shall, otherwise than an authorized acting under the authority of the Director-General-
• (a)hold or arrange to obtain anypart orpartsremoved under subsection (1);
• (b) hold or arrange to obtain or make any replacement or substitutepart orparts for those removed under subsection (1);or
• replacement or substitute part or parts to a vessel immobilised pursuant to this Act.
• (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 imprisonmentnot exceedingoneyear or to both.
• 145.(l)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.
• (2) Where a fishing vessel or fishing gear or fish product is abandoned,and an authorized officer or

Removal of parts from seized vessels,ctc.

Authorityof authorized officer or inspector in relation to abandoned fishing vessels,fishing gear,fish or fish products.

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.

Appointment andfunctionsof.observersand inspectors

• 146.(l) There shall be established an observer programme Board for the purpose of collecting,recording and reporting reliable and accurate information for scientific, management, and compliance purposes
• including,among other things-
• (a) the species,quantity, size,age,and condition of
• fish taken;
• (b) the methods by which,the areas in which, and the
• depths at which,fish are taken;
• (c) the effects of fishing methods on fish,and the environment;
• (d)all aspects of the operation of any vessel;
• (e)processing,transportation,transhipment,storage or disposal of any fish;
• monitoring the implementation of management
• measures and applicable international conservation and management measures;and
• (g) any other matter that may assist the DirectorGeneral to obtain,analyse,or verify information forfisheriesscientific, management, and
• compliance purposes.
• (2) Observers may be deployed as may be directed by the Director-General in accordance with this Act,or any applicable international agreementor arrangements, including an agreement or arrangement with the objective ofcarrying out fisheries monitoring.controland surveillance operations jointly or in co-operation with the

Observer programme.

Govemment of Kenya,or any international conservation 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.

• 147.(1)TheDirector-General 1may,inwriting,
• appoint-
• (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
• (b) observers for purposes of the observer programme established under section 147,in accordance with such standards and procedures as maybe prescribed or approved by the Board.
• (2) An inspector or observer shall on request identify himself and produce proof of identification as an inspector
• or observer.
• 148.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
• 149.(1) The operator of any fishing vessel required as a condition of licencegranted to it to land all orpart 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/herfunctions pursuant to this Act.
• (2)An operator who doesnot 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 oneyear from the

Appointment of. and identification by inspectors and observers.

Application of Aet to observers in areas beyond national jurisdiction.

Requirements for monitoring ofoff loading.

time of the offence in respect of the vessel or operator.

150. (l) The operator and each crew member of any vessel,or licence holder in respect of any vessel on which an observer is placed or to which an inspector or fishery dock observer has been assigned,shall allow and assist the inspector,observer or fishery dock observer,in the performance of his official duties, and shall allow the inspector,observer or dock observer to 2. (a) board such vessel at such time and place as the Director-General may require; 3. (b) receive and transmit messages and communicate with the shore and other vessels by means of the vessel's communications equipment; 4. (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; 5. (d) gather such information relating to fisheries as may be required for purposes of carrying out the objectives of this Act;and 6. (e) disembark at such time and place as the DirectorGeneral may require or in accordance with an applicable access agreement, provided it is in accordance with the safe operation of the vessel.

• (2) The provisions of subsection (l) shall apply-

8. (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 intermational conservation and management measures,or as may be otherwise authorized under any applicable access or other agreement,or in the applicable licence;and 9. (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

Duties of operators,cte,to inspectors and

observers.

conservation and management measuresor otherwise in accordance with such measures or the

applicable license or authorization.

• (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 fiveyears or to both.
• 151.(1) The operator and licence holder in respect of
• any vessel on which an observer is placed shall-
• (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;
• (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 observers 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,
• (c) notify the observer at least fiffteen 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;
• (d) collect bycatch when requested by an observer;
• (e) collect and carry baskets of fish when requested by an observer;
• (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;
• (g) take measurements,including of decks,codends, and holding bins;and
• (h) ensure that transfers of observers at sea via small
• boat or raft are carried out during daylight hours,

Conditions for

observers.

under safe conditions,and with the agreement of any observer involved.

• (2) An operator or licence holder of a vessel who contravenes subsection (l) commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or to a term ofimprisonment not exceeding three years or to both,and in addition the applicable licence or authorization may be suspended or cancelled.

Protection ofand dutiesowed to authorizedpersons

• 152.For the purposes of this portion,"authorized person"includes any authorized officer,inspector or observer appointed pursuant to this Act.
• 153.(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 I9,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 lawrelating to fisheries
• (2) Where a vessel is being brought to a place in Kenya in accordance with this Act,
• (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
• (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.
• (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 liabilityfor the actor omission.
• 154.The Service shall ensure full group insurance coverage for all authorizedpersons.
• 155.(l) For the purposes of this section "fail"
• includes any effort which does not result in meeting the

Authorized persons.

Protection of authorized persons from liability.

Insurance for

authorized persons.

Obstruction,etc of authorized

persons.

specified requirement.

• (2) No person being the operator or a crew member

2. ofa vessel- 3. (a)fail or refuse to allow and assist any person 4. identified as an authorized person- 5. (i) to safe board the vessel; 6. (i) 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 ofa specified size or dimension; 7. (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, including records inspection 8. under this Act or otherwise,for purposes of carrying out functions and exercising powers and copying; 9. (iv) to have access to all navigational and communications equipment; 10. (v)to take,measure,store on or remove from the 11. vessel and retain,such reasonable samples or whole specimens of any fish as may be required for scientific purposes; 12. (vi) where such person is forced by circumstances 13. 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 14. (vii) to safe disembark from the vessel; 15. (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;

• ()in respect of any premises, facility,including those used for aquaculture,cold storage,export and processing,landing site or other place where person(s) engage in activities within the scope of this Act fail or refuse to facilitate by all reasonable means the entry into and inspection by an authorized person in accordance with this Act of-
• (i) the entire premises,facility,landing site or
• other place including storage areas;and
• equipment or records;
• (d) fail,refuse or neglect to immediately and fully comply withevery lawful instructions or
• directions given by an authorized person;
• (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 communication equipment,and that the equipment
• records,documents,areas,gear and navigation and be turned on for his or her use;
• 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 orplace of abode to the authorizedperson;
• (g)when lawfully required by an authorized person to give information, give information which is false,incorrect or misleading in any material respect;
• (h) resist lawful arrest for any act prohibited by this Act,
• (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;
• (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;

• (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,
• (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;
• (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;
• (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;
• bribe or attempt to bribe an authorized person;
• (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;
• b 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
• 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
• (s) breach any other duty to an authorized person as required under this Act.
• (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.

Requirements forvessel monitoring systems

• 156.(1) The Director-General may establish and monitoring,control and surveillance,and managing the operations offishing vessels under this Act.
• (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.
• (3) The operator of each fishing vessel shall comply with all licence conditions and requirements imposed pursuant to subsection (2) and shall,where the mobile transceiver unit or other device or equipment ceases to operate,immediately-
• (a)notify the Director-General when the mobile transceiver unit or other device ceases to operate in accordance with such requirements;and
• (b) cause the vessel to cease fishing except as otherwise authorized by the Director-General.
• (4) Where the mobile transceiver unit or other device ceasestooperate asrequired,theoperator shall immediately notify theDirector-General and submit to him a report of the vessel's name, call sign,position expressed in latitude and longitudes to theminutesof arc and the date and time of the report atintervals of four hours or such other period as the Director-General may notify the operaior,and-

Monitoring

Vessel Systems.

• (a) cause the vessel to cease fishing except as
• otherwise authorized by the Director-General;or
• (b) cause the vessel to immediately return to the port
• ofMombasa,Lamu and Shimoni
• (5) The operator shall complywith such other conditions that may be prescribed and such additional conditions that may be required by the Director-General,
• including-
• (a) the type of vessel monitoring system equipment to be used;
• (b) installation procedures;
• (c) operational requirements;
• (d) information requirements;
• (e) confidentiality,and
• (f)reports.
• (6) No person shall-
• (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;
• (b)whether within,or in areas beyond,national jurisdiction,intentionally,recklessly ornegligenty 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 orinputinto that system information ordata which is not officially required or is meaningless;or
• (c) intentionally,recklessly or negligently divulge information or data obtained from avessel 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.
• (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

• 157.(l) No foreign fishing vessel shall use a port in Kenya for landing,transhipping,packaging,or processing of fish or for other port services including, inter alia, refuelling and resupplying,maintenance and dry docking, unless-
• (a) the port has been designated for use by foreign fishing vessels;
• (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;
• (c) the operator has provided to the Director-General such information as may be prescribed or required;
• (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
• (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 atport.
• (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 fiveyears or to both
• 158.(l) Authorization to enter a port shall be denied where there is sufficient proof that a vessel seeking entry intoport 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 relatedactivitiesadopted by aregional fisheries management organization in which Kenya is a member or

Use of port without authorization prohibited.

Vesselsmaybe

prohibited from entering port.

• cooperating non-member,in accordance with the rules and procedures of such organization and in conformity with

international law.

• (2) Without prejudice to subsection (l),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 intermational 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.
• (3) Aperson who contravenes subsection (l) 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.

3. 159.(l) Where a foreign fishing vessel has entered one of its ports,the Director-General shall deny that vessel the use of the port for the landing,transhipping,packaging or processing of fish which have not been previously landed,or for refuelling,resupplying,maintenance,drydocking and other port services where 4. (a) the vessel does not have a valid and applicable authorization to engage in fishing or fishingrelated activities required by its flag State; 5. (b) the vessel has not been granted a valid and applicable licence to engage in fishing or fishing related activities required under this Act; 6. (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 7. national jurisdiction of that coastal State; 8. (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 9. (e) there are reasonable grounds to believe that the vessel was otherwise engaged in illegal,

Denial of the use ofport toa foreign fishing vessel.

unreported or unregulated fishing or fishingrelated activities in support thereof unless the

operator of the vessel can establish-

• (i) that it was acting in a manner consistent with relevant conservation and management
• measures;or
• (ii) in the case ofprovision of personnel,fuel,gear and other supplies at sea, that the vessel that was provisioned was not at the time of provisioning a vesselreferredtoin subparagraph (e);
• (2)Notwithstanding subsection (1),a vessel shall not be denied the use ofport 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.
• (3) The operator of a vessel which uses a port where such use has been denied pursuant to subsection (l) 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 tenyears or toboth.
• (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.
• 160.(1) In carrying out inspections of fishing vessels
• in port,authorized officers shall follow such procedures as may be prescribed or the Director-General may require to the extent possible,and-
• (a)present to the master of the vessel an identification document prior to an inspection;
• (b) in case of appropriate arrangements with the flag State ofa foreign fishingvessel,invite that State to participate in the inspection;
• (c)not interfere with the ability of the master of a

Inspection of

foreign fishing vessels in port.

foreign fishing vessel,in conformitywith

international law,to communicatewith the authorities of the flag State;

• (d) make all possible efforts to
• avoid unduly delaying thevessel to including any unnecessary presence of
• minimize interference and inconvenience, authorized officers on board,and to avoid action that would adversely affect the quality of the fish on board;
• (ii) facilitate communication with the master or senior crew members of the vessel;and
• e) ensure that inspections are conducted in a fair, transparent and non-discriminatory manner and would not constitute harassment of any vessel.
• (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.

PARTXIV-REOUIREMENTSFOR

ARRESTED PERSONSAND SEIZED ITEMS

• 162.(l) In cases of arrest or detention of foreign fishing vessels for a contravention of this Act, the DirectorGeneral shall promptly notify the flag State,through appropriate channels,of the action taken and of any penalties subsequently imposed.
• (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.
• (3) In the absence of any agreement to the contrary
• with the State ofwhich the vessel or its crew are nationals, penalties for violations of this Actin the Kenya Exclusive Economic Zone shall not include imprisonment or any form of corporal punishment.

163. (l) A person arrested under this Act shall promptly be brought before the Court of applicable jurisdiction or be subject to administrative proceedings in

Arrestor detention and release of foreign fishing vessels, crew members.

Prompt judicial or administrative

proccedings for arrested persons.

accordance with this Act.

• (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.
• (3) Where a person does not appear to answer a

3. charge within ninety days after her arrest, any item seized from that person shall be forfeited to the State. 4. 164.If the master of a fishing vessel is granted bail for an offence under this Act, the court granting bail may,ifit 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. 5. 165.(1) Any item seized pursuant to this Act shall be delivered into the custody of the Director-General.

• (2) A written notice shall be given to the person from whom any article or item wasseizedor to any otherperson 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

7. in the receipt. 8. 166.(l) 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 withpursuant to this Act.

• (2) If any fish or other thing of a perishable nature is seized under this Act, the Director-General may, notwithstanding any otherprovision of this Act-

10. (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 11. (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

Conditions for

bail.

Delivery and notice for seized

items.

Disposalof perishable items.

instituted,release theproceeds to theperson from whom the fish or other thingwas seized:

Provided that if,after making all reasonable efforts,

the Director-General is unable to sell the fish or other thing, or where such fish or other things are unfit for sale,hemay dispose of the same in such other manner as he deems fit, including by destruction.

• (3) Where any fish or fish products are sold or otherwise disposed ofpursuant to this section,the fisheries inspector shall-

2. (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 ofa sale,the amount realized;and 3. (b) pay the proceeds of sale into Court. 4. (4)The proceeds of any sale under subsection (3) 5. shall be dealtwith by the Court according to law. 6. 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.

• (2) A notice under the section shall-

8. (a) enumerate the reasons for the seizure and/or 9. detention; 10. (b) describe the steps required for reclamation of the seized and or detained property; and 11. (c) make the owner or owners aware of any deadlines and potential forfeiture of property pursuant to this Act. 12. 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 ofnotice pursuant to this Act, the Director may apply for the items to be forfeited to the 13. State and the Court shall make such order as it shall deem

Notice of detainment or seizure of property.

itemsdetained or

Treatment of seized.

• (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 thisAct,the seized item shall be forfeited to the State.

2. (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 3. fines,orders for costs and penalties imposed in terms of this Act arepaid. 4. 169.(1) The Court may,on application,order the 5. release of any fishing vessel,vehicle,aircraft or other item seized under this Act on receipt of such bond or other form ofsecurity as it may determine 6. (2)In determining the value of the bond or other form ofsecurity in respect of a foreign fishingvessel or a fishing vessel which is not a Kenyan fishing vessel, the Court shall have regard to-- 7. (a) the aggregate amount of the fair market value of 8. the property to bereleased; 9. (b)an estimated total fine or other penalty provided for the offence or offences charged or likely to be 10. charged; 11. (c) the costs the prosecution would be likely to 12. recover if a conviction were entered; 13. consequence of the offence or offences charged or likely to be charged,and may set the value at such aggregate amount. 14. (3)Notwithstanding the provisions of subsection (2) the amount determined by the Court under this Act shall not be less than the fairmarketvalue of the property to be released or the aggregate minimum fine orpenalty for each offence charged,whichever is greater. 15. (4)Where any vessel,vehicle,aircraft or other item

Relcase of seized goods.

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 tobereleased,the total fine or fines and the likely

costs.

• (5) The release of any bond or other form of security

2. under this Act shall be conditional upon- 3. (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 4. under this Act;or 5. (b) where the Court finds that the vessel,vehicle, aircraft or other item has been used in or in connection with the commission of an offence under this Act- 6. (i) payment in full within thirty days of the judgment of the Court ofany fine imposed by the Court and any costs ordered to be paid by the Court;and 7. (ii)where the Court so orders,delivery to the Court of the vessel,including its fishing gear, furniture,appurtenances,stores and cargo,and ofany fish ordered to be forfeited without any impairment of their value,or payment of the monetary value thereof as determined by the Court. 8. (6) Nothing in subsection (l) 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 offences against this Act. 9. 170.Any bond, security or net proceeds of sale held in respect of any vessel,vehicle,aircraft or other item shall be applied asfollows- 10. (a) the discharge of any forfeiture ordered under this Act;and 11. (b) the payment of all fines or penalties for offences under this Act or penalties imposed under this Act arising out of the use of or in connection with the

Application of

bond,ete.

vessel,vehicle,aircraft or other item.

• 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 ornot theperson knew that the vessel,vehicle,aircraft or other item was held in the custody of the Government.
• (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.
• (3)Aperson whocontravenes subsection (l)
• commits an offence and shall be liable on conviction to a fine not exceeding five thousand shillings or to a term of imprisonment not exceedingfiveyearsor to both
• 172.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.

PARTXV-EVIDENCE

• 173.The Director-General or any person designated in writing by himmay give a certificate stating that
• (a)a specified vessel was or was not on a specified date or dates a Kenyan fishing vessel or a foreign fishing vessel;
• (b) a person was or was not on a specified date or dates the holder of any specified license, authorization or registration;
• C a specified fishing vessel was not on a specified date or dates the subject to a specified license, authorization or registration;
• d an appended document is a true copy of the licenceor certificate of registration fora specified vessel or person and that specified conditions were attached to such document;
• e
• a particular location or area of water was on a specified date or dates within the Kenya fishery

Unlawful removal of seized goods.

Liability for loss, damage or deterioration of things in custody.

Certificate evidence.

• waters or a closed,limited,restricted or in any

other way controlled area of the Kenya fishery waters,or an area of the Kenya fishery waters subject to specified conditions;

• an appended chart shows the boundaries on a
• specified date or dates of the Kenya fishery waters,territorial sea,closed or limited areas or other areas or zones delineated for any specified purpose;
• a particular item or piece of equipment is fishing
• g) gear,
• (h) the cause and manner of death of or injury to any fish;
• (i) an appended document is a true copy of an approved charter agreement or an access agreement;
• a call sign,name,or number is that of or allotted ornumbering ofvessels;
• (k) an appended position or catch report was given for a specified vessel;
• 1 a specified fishing vessel is included on a list of illegal,unreported and unregulated fishing vessels or authorized fishing vessels established by a regional fisheries management organization or pursuant to an international agreement;or
• (m) a certificate as to the condition of fish given under this Act was made in accordance with this Act and was made by the person who is signatory
• to the certificate.
• 174.(l) 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.
• (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

Validity and

procedure for certificate.

averred in it.

• (3) Where a certificate is served upon a defendant fourteen or more days before itsproduction 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 conclusiveproof of all the facts averred in it.

2. (4) Where any objection is notified under subsection (3) the certificate shall,unless the contrary is proved, be 3. sufficient evidence of all the facts averred in it. 4. (5) Any certificate shall be titled "Certificate made under section 175,FisheriesManagement and Development Actand no such certificate may be used as conclusive proof of the facts averred therein unless it is served witha copy of sections 175 and177of this Act. 5. (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.

• (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.

7. (8)In this section "certificate"means a certificate 8. issued under section 175. 175. (1) Where in any proceedings under this Act the 10. 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.

• (2) An authorized officer shall in a certificate made

12. under subsection(l) state 13. (a)his name,address, official position,country of

Certificate as to the location ofa vessel.

• appointment and provision under which he is appointed;
• (b) the name,if known, and call sign of the fishing
• vessel concemed;
• the date and time orperiod of time the vessel was
• (c) in the place or area;
• (d the place or area in which it is alleged the vessel
• was located;
• (e) the position fixing instruments used to fix the place or area stated in paragraph (d) and their accuracy within specified limits;
• f a declaration that the authorized officer checked the position-fixing instruments a reasonable time before and after they were used to fix theposition and they appeared to be working correctly;and
• g) where a position fixing instrument which is not judicially noticed as being accurateora designated machine is used,a declaration that he checked the instrument as soon as possible after the time concerned against such instrument.
• (3) Section 172 shall apply to a certificate given under this section as if it had been a certificate issued under
• section 146.
• (4)For the purposes of this section "authorized officershall include surveillance officers and those charged with similar responsibilities in other countries.
• 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 asprima facie evidence of the facts that they aver.
• (2)The readings of the devices referred toin subsection (l) may be made from a printout or as observed from a visual display unit.
• (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.

Electronic location device.

Photographic 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

• (2) The provisions of this section shall apply only when-—

2. (a) the camera taking the photograph is connected directly to the instruments which provide the date,time and position concerned;and 3. (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.

• (3) The provisions of this section shall not affect the

5. admissibility of photographic evidence in any way. 6. 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.

• (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,bepresumed to have been caught during the commission of an offence or during illegal,unreported or unregulated fishing activities.

8. (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 9. place. 10. (4) The production of a written copy or extract of the 11. entry certified by a fisheries inspector as a true copy of the accurate extract shall be prima facie evidence of an entry in

evidence

Presumptions.

a logbookor other official record of an enforcementvessel or aircraft.

• (5)Where in any legal proceedings relating to an
• offence under this Act-
• (a)anauthorized officergives evidenceof
• 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
• the Court considers that,having regard to that
• (b) evidence the grounds are reasonable,

all the fish shall be presumed to have been so taken, unless the contrary isproved.

• (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 concermed, unless it is proved it was not given or authorized to begiven by any of them.

2. (7)Any entry in writing or other mark in or on any 3. 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. 4. (8) Any position fixing instrument on board a vessel or aircraft used for the enforcement of this Act shall be presumed to be accurate. 5. (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.

• (10) The readings from any yvessel 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.

• (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.

Onus of proof.

• 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 thatperson.
• (2)Where a person is charged with the contravention of section 127,the onus shall be on that person to prove recognized by intermational law.
• (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.(l) 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 thisAct.
• (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.
• (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 soremoved,whether ornot he knew that the vessel,fish,equipment and other item was beingheld in custody.
• negligentlydestroy,damage,renderinoperativeor

Interferencewith evidence and avoidance of seizure.

otherwise interferewith anypremisesorlicensed aquaculture establishment.

• (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.(l) No person shall tamper with any item,
• document or thing that may be used in evidence of noncompliance with this Act,including evidence relating to the catching.loading, landing, handling, transhipping, transporting,processing,possession,aquaculture and disposal of fish.
• (2)A person who contravenes subsection (l) commits
• an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonmentnot exceedingfiveyears or to both.

PARTXVI-SUMMARYADMINISTRATIVE

PROCEEDINGS

• 182.(1) The Director-General may,after consultation with the Cabinet Secretary and the written consent of the Attormey- General,proceed administratively against any person who has been charged with a contravention of this Act.
• (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
• (3)An offence small be compounded under this section where the person charged,admits in writing to the offence;and-
• (a) consent to compounding proceed after being fully
• informed about these proceedings.
• (4) Where a person consents to the compounding of an offence,the person shall-
• (a) not engage in any activity within the scope of this Act until the penalty has been paid in full;and
• (b) be deemed to have consented to any seizure in

Tampering with item,eto.that may compliance with

beuscd in evidence of nontheAct.

Decision to procced administratively.

• accordance with this Act in relation to the offence, and to have waived any right to a hearing in the judicial process.
• (5)Upon receivingthewritten consent under subsection (4), the Director-General or his designee may handle the matter in accordance with this Part,in consultation withtheDirector-GeneralofPublic Prosecutions.
• (6) Where the person fails to respond to the DirectorGeneral's written notice within twenty-four hours, the Director-General shall refer the matter to prosecution

183. (1) The Director-General may,where the person charged has fulfilled the conditions of section 182 (4), dispose of such violation by causing a compounding agreement to be drawn up by the Director of Public Prosecutions to formalise the terms and conditions for the Director-General to accept on behalf of the Government from such person an administrative penalty, the amount of which shall-

• (a)not exceed the maximum fine or penalty prescribed under this Act, for the offence being compounded,in addition to the fair market value ofany fish caught illegally;
• (b)not be less than the minimum level of fine calculated in conformity with theguidelines required pursuant to section 189;and
• (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.
• (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.
• (3)The compounding procedure shall be null and void if the full amount of the penalty as determined under subsection (l) 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.

Summary administrative proceedings.

• (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

(5) Where the person isunable to pay the

determination in full,that person may enter into an agreement for payment in instalments with the DirectorGeneral and Attorney General.

• (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.
• (7) The Director-General may confiscate any fishing gear or other appliance used for illegal fishing connected with the vessel.
• (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.

PARTXVIIJURISDICTION,PROSECUTION, FORFEITURE,LIABILITIESAND OTHER

ACTIONS

• 184.(l) Any act or omission in contravention of any
• provision of this Act committed-
• (a) by a person or in respect of a vessel within the Kenya fishery waters;
• (b) outside the Kenya fishery waters by any Kenya citizen, or in respect of a vessel or by person
• ordinarily resident in Kenya;
• () outside the Kenya fishery waters by any person or
• vessel in contravention of section 104;or
• (d) by any person on board any Kenya fishing vessel,

shall be dealt with in a court determined by the Chief Justice,but where a foreign fishing vessel is involved,the matter shall be dealt with by the High Court and the judicial proceedings shall be taken as if the act or omission had taken place within the of Kenyan fishery waters.

• (2) Where an authorized officer is exercising any powers conferred on him outside the Kenya fishery waters

Jurisdiction of the

Court.

in accordance with this Act, any act or omission of any person in contravention ofa provision of this Act shall be deemed to have been committed within the Kenya fishery waters.

• (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.

2. 185.Any authorized officer may,subject to the 3. 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. 4. 186.(l) Where a court convicts a person of an offence against this Act, or such other offences as may be prescribed for the purposes of this subsection,the Court 5. may order the forfeiture of any of the following- 6. (a) any fish,fish product, fishing vessel (including its gear,funiture,appurtenances,stores,cargo and aircraft),vehicle,aircraft,gear,equipment, explosive or noxious substance taken, used or otherwise involved in the commission of the offence; 7. (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 8. offence; 9. (c)where a storage facility wasused inthe commission of the offence, any fish or fish products in the facility at the time of the commission of the offence;or 10. (d) where any fish has been sold under section166,the proceeds of the sale of the fish. 11. (2)Where a court convicts a person of an offence against this Act,or such other offences as may be prescribed for the purposes of this subsection,in the commission ofwhich a foreign fishing vessel was used or was otherwise involved,the Court may order the forfeiture of-

Conduotof

prosecutions.

Cap.75

Forfeiture.

• (a) the fishing vessel;
• (b) any gear and other equipment that was on the vessel concerned at the time of the offence;and
• (c)all fish or fish products on board the vessel at the time of the offence,or where the fish products have been sold,theproceeds of sale.
• 187.(1) Any vessel or other property or security forfeited under this Act becomes the property of theState.
• (2) Any vessel or other property forfeited under this
• Act may be-
• (a)retained;
• (b)
• leased;or
• sold by the State by tender or by agreement approved by the Director-General and endorsed
• (C) by the Cabinet Secretary,

provided that if such forfeited property is sold by the State,the owner or apparent owner prior toforfeiture shall be afforded a reasonable opportunity to bid on or purchase

such property.

• (3) The Director-General or any person acting on his

2. or damages sustained as of a decision taken under subsection(2). 3. 188.(l) A Court convicting a person of an offence under this Act may summarily and without pleadings inquire into thepecuniary 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 oflawand in addition to any otherpenalty imposed, impose a fine equal to the Court's estimation of that pecuniary benefit,despite any maximum penalty elsewhere provided.

• (2) The Court shall, in imposing a fine pursuant to subsection (l),report fully in writing on details of the expert evidenceuponwhich itsjudgmentwas based.

5. 189.(1) The operator and charterer of a vessel shall jointly and severally bear the cost or expenditure incurred by the Government,upon application by the State and as determined by the Court upon conviction,in connection

Disposition of forfeited property.

Deprivation of

monetary benefits.

Costs incurred by State.

with-

• (a) the seizure of a fishing vessel,vehicle or aircraft or other an offence against this Act,including any relevant costs ofpursuit of the vessel,vehicle
• or aircraft;
• (b) the prosecution for an offence in accordance with
• this Act,and
• (C) the repatriation of the master or crew of any
• vessel seized under this Act.
• (2) The amount of any costs or expenditure by the Court under subsection (l) 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.
• (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.
• (4) If it intends to apply for pursuit costs in accordance with subsection (l), the Government shall fourteen (l4) days prior to a trial related to the offence, serve the defendant with written details of those costs.
• 190.Allpecuniarypenalties 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 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. (l) A person who commits an offence against this Act shall,upon conviction,beliable 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.

• (2)The loss or any damage caused by the offence referred to in subsection (l) shall include,as may be applicable,any costs incurred in-
• (a) detecting, apprehending, investigating or prosecuting the offence,and

Liability for nonpaymentof pecuniary penalties

Liability for loss or damage.

• (b) detaining or seizing any property,fish,article or
• thing in respect of that offence.
• 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.
• (2)It shall be a defence to liability under this section for the officer referred to in subsection (l) 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.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 thatof theoperator of the vessel.
• 194.(l) Each day of a continuing offence shall be
• considered a separate offence.
• (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.Where a person has been convicted of an offence five years that person be banned from going on or
• against this Act,the Court may in addition to any other penalty or forfeiture,order that for a period not exceeding remaining aboard any fishing vessel in the Kenyan fishery waters.
• 196.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 person,(except the Government and its employees).
• 197.A court of competent jurisdiction may issue an injunction to enforce any provision of this Act against any person including the Ministry.

Civil liability of officersof companies.

Liabilityof operators.

Continuing offences and repcat offenders.

Banning order.

Citizen suits and

civil enforcement.

Injunctions

MARKETING AUTHORITY

• 198.(1) There is established a body to be known as
• the Kenya Fish Marketing Authority.
• (2)The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name,be capable of
• (a)suing and being sued;
• (b) taking.purchasing and disposing of movable and
• immovable property;and
• (C) doing such other things necessary for the proper discharge of its functions under this Act,which may be lawfullydone or performed by a body corporate.
• (3)The headquarters of the Fish Marketing Authority shall be in Nairobi
• 199.The object and purpose of the Fish Marketing
• Authority shall be to market fish and fisheries products from Kenya.

200. The functions of the Fish Marketing Authority shall be to

• (a) develop,implement and co-ordinate a national
• fish marketing strategy;
• (b) ensure that fish and fishery products from Kenya enjoy market access at local,national,regional and international levels as premier products and, to this end,that the products and markets are developed and diversified;
• C promote the sustainable use of fish by preventing deterring and eliminating to the extent possible fishing;
• (d)
• enforcenationalfisheries trade laws and intermational fisheriesrelated trade rules;
• (e) identify fish market needs and trends and advise
• fisheries stakeholders accordingly;
• organize stakeholdersto ensure marketing of fish and fishery products;
• (g)
• smooth
• collaborate with national and international trade

Establishmentof Fish Marketing

Authority.

Objects and purpose.

Functions of the Fish Marketing

Authority.

related bodies;

• (h) advice the Cabinet Secretary on issues related to national and international trade trends;and
• perform any other functions that are ancillary to the object and purpose for which the Fish Marketing Authority is established.
• 201.(l) There shall be a Board of Directors of the Fish Marketing Authority which shall consists of
• (a) a chairperson appointed by the President;
• (b) the Principal Secretary of the Ministry for the time being responsible for matters relating to fisheries or his representative:
• C the Principal Secretary of the ministry for the time being responsible for matters relating to finance orhis representative;
• (P) the Principal Secretary for the time being responsible for matters related to Trade and Industry,
• e the Principal Secretary in the ministry for the time being responsible for planning and economic development,or his representative;
• one person,who has knowledge and experience in matters relating to fisheries,nominated by the
• Council of Governors;
• g) the Chief Executive Officer of the Fish Marketing Authority,who shall be the secretary; and
• (h) four other members nominated or selected through a competitive process taking into consideration regional balance and gender parity and appointed by the Cabinet Secretary,of
• whom-
• (i)two shall be nominated by the registered
• national fisheries associations;and
• (i) two shall be persons with knowledge or experience in matlersrelating to intermational

Board of Directors.

fisheries finance, business administration,

law,marketing or a related discipline

• (2) The names of persons proposed for appointment

2. under subsection (l)(a) and (h) shall,before they are appointed,be laid before the National Assembly for approval.

• (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.
• (4) The Board of Directors shall ensure the proper and

5. effective performance of the functions of the Fish Marketing Authority. 6. (5) The Board of Directors may enter into partnership it may consider appropriate,in furtherance of the objects of 7. with other body or organization within or outsideKenya as the Fish Marketing Authority 8. (6) The members of the Board of Directors shall be paid remuneration and allowances determined by the Minister,in consultation with the Minister responsible for matters relating to finance. 9. 202.(l)A member of the Board of Directors appointed under section 201 (1)(a),(f) and (h) shall hold office for a term of three years but shall be eligible for reappointment for one further term of three years. 10. (2)A member of the Board of Directors,other than an giving notice,in writing,addressed to the appointing 11. ex officio member may,at any time,resign from office by authority. 12. (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. 13. (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 14. in the declaration of a vacancy.

• (5) Where there is a vacancy-

Tenure of office

and vacation of office.

• (a) under subsection (2)or(3)or section 35(2);or
• (b)
• as a result of declaration under subsection (4);or
• (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.The conduct of the meetings of the Board of
• Directors shall be in accordance with the Third Schedule
• 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.
• (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. 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.(1) The Cabinet Secretary shall,in consultation with the Board of Directors and subject to subsection (2), Chief Executive Officer of theFish Marketing Board
• (2)A person shall not be qualified for appointment as the Chief Executive Officer under subsection (l) unless that person has an advanced degree in marketing, business administration or related discipline and has at least ten yearsexperience at a senior management level in matters relating to Fisheries,marketing or other related sector.
• (3) The chief executive officer shall hold office for a term of threeyears and shall be eligible for re-appointment
• for one further term.
• (4) The Board of Directors may appoint such officers

Conduct of meeting of the Authority.

Disclosure of interest.

Delegation of functions.

Appointmentof chiefexecutive and other staff.

and other staff as may be necessary for the proper and

effective performance of the functions of theFish Marketing Authority.

• 207.(l) There shall be a general fund of the Fish
• Marketing Authority which shall vest in the Board of Directors and into which shall be paid
• (a)monies appropriated by Parliament for the purposes of the Fish Marketing Authority;
• (b) monies that may accrue to or vest in the Fish Marketing Authority in the course ofthe performance of its functions under this Act or any other law and approved by Parliament;
• ()monies provided to the Fish Marketing Authority
• from the Fund;
• (d) donations, grants and gifts made to the Fish Marketing Authority,and
• (e)monies from any other source approved by the Cabinet Secretary for the time being responsible for mattersrelating to finance.
• (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.
• (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.

PARTXIX-MISCELLANEOUS

208. (i) The Cabinet Secretary may make regulations for the better carrying into effect of the provisions of this 2. Act.

• (2) Withoutprejudice to the generality of subsection (1),the Cabinet Secretary may make regulations for any or

4. all of thefollowingpurposes- 5. (a) prescribing the conditions to be fulfilled by foreign participation in fisheries,including

Funds oftheFish Marketing Authority.

Regulations.

conditions of licensing foreign fishing vessels;

• (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;
• 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,
• (d) regulating the handling,storage and processing of fish by prescribing methods of handling,storage and processing of fish;
• (e) prescribing requirements for governing the safety and quality offish,fishproducts andfishfeed;
• providing for the management and control of
• fishing ports and fishing waters;
• g the licensing of any person to engage in any form offishing,orof handling,transporting,
• (h)
• processing or selling of fish products;
• organizing and regulating the marketing and distribution of fish;
• providing for the registration ofprivate marks to be used to distinguish the ownership of fishing gear;
• prohibiting orcontrolling the importation, exportation and introduction into Kenya of live
• fish of any kind or species;
• (k) promoting and regulating or controlling the development of aquaculture establishments;
• controlling the exploitation of the Exclusive
• Economic Zone;
• (m) development of recreational and ornamental
• fisheries and establishment of fishing camps;
• (n) providing for fishing by Kenyan ships in the high
• seas;

• (o) providing for the management and exploitation
• of inland,dam and riverine fisheries;
• p providing for the management and exploitation
• of coastal fisheries;
• @ providing for control of the manufacture, importation,marketing and introduction in Kenya fishery waters of fishing gears;
• prescribing the forms to be used for various
• matters under the act;
• S) any other thing he may deem necessary for the promotion of fisheries in Kenya.

209.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.

PARTXX-REPEALSANDTRANSITIONAL PROVISIONS

210.(1) The following Acts are repealed

• (a) the Fisheries Act;
• (b) the Trout Ordinance;and
• (c) the Fisheries Protection Act.
• (2)Notwithstanding subsection (1),the following
• transitional provisions shall apply
• (a)any licences or permits granted under those Acts and in force immediately beforethe 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;
• (b)all property,except such property as the Cabinet Secretary may determine,which immediately before the commencement of this Actwas 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

Suprecession.

Repeals and transitional provisions, Cap378.

Cap.380.

Cap.379.

Gazette,and without further assurance,vest in

the Service, subject to all interests,liabilities, charges, obligations and trusts affecting such property;

• C except as otherwise provided in paragraph (b) in relation to property,all contracts,debts, obligations and liabilities of the Government attributable totheFisheries 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 Govermment;
• (d)allpersons,being publicofficers,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 sin accordance with the terms of such secondment;
• (e) where,at the commencement of this Act,any penalty,other than dismissal,has been imposed on any employee of the Fisheries Department 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 ifit had been imposed by theService.

211. The Acts specified in the Fourth Schedule are amended in the manner specified in that Schedule.

Consequential amendmenis to other Acts.

FIRSTSCHEDULE STAFF OF THESERVICE PARTA-FISHERIES OFFICERS

(a) Professional Cadre

Director-General of Fisheries

Director of Fisheries

Deputy Director of Fisheries

Senior Assistant Director of Fisheries

Assistant Director of Fisheries

Principal Fisheries Officer

Chief Fisheries Officer

Senior Fisheries Officer

Fisheries OfficerI

(b) Technical Cadre

Principal Assistant Fisheries Officer

Chief Assistant Fisheries Officer

Senior Assistant Fisheries Officer

Assistant Fisheries OfficerI

Assistant Fisheries Officer II

AssistantFisheries Officer III

B-DISCIPLINED OFFICERS CADRE

• 1.Commandant
• 2.Deputy Commandant
• 3.Assistant Commandant
• 4.Senior Superintendent Fisheries Guard
• 5.Superintendent Fisheries Guard

6. Chief Inspector Fisheries Guard

• 7.Inspector Fisheries Guard
• 8.Sergeant Fisheries Guard

s.10(2)

• 9.Corporal Fisheries Guard

10. Constable Fisheries Guard

• 11.Fisheries Guard Recruit

OATH OFALLEGIANCE

Signature of Declarant.

Personal Number:

Sworm/affirmedbeforeme

On the...

D-Provisions relating to the officers of the Service

• (1) The officers of the Service shall,in the performance of the duties conferred upon them under this Act and any other written law,conform with any lawful instructions, directions or orders which may be given by the Director-General

2. (2) The Director-General may,with the consent of the Board,from time to time make and issue administrative orders to be called Service Standing Orders for the general control,direction and information of the officers of the Service. 3. 2.(l) The Director-General shall,with the approval of the Board issue a Disciplinary Code for Officersof the Service,which shall apply to the disciplined officers of the Service and which may provide for the followingmatters- 4. (a) the investigation of disciplinary offences and the hearing and determination of disciplinary proceedings; 5. (b) disciplinary penalties;and 6. (c)any other related matters.

• (2) The following disciplinary penalties,or any combination thereof, may be included in the Disciplinary Code for infringement of the Code issued under sub-paragraph (l)-

8. (a) dismissal from the Service; 9. (b)reduction in rank; 10. (c) confinement for not more than fourteen days in a guard room or restriction to the confines of any.

PARTD-INTER-AGENCIES MCS UNITS(S21)

The Inter-agency Monitoring,Control and Surveillance Unit established under section 16 shall be composed of representatives of all ofthe agencies described as 1-7, and such agencies as the Cabinet Secretarymay designate described as 8-16below.

| Members | Designation | Statusof Membership | |--------------------------------------------------------------------|---------------|-----------------------| | Director-General(Fisheries) | Chair | Permanent | | Representative of Police/Internal Security | Member | Permanent | | Representative of Judiciary | Member | Permanent | | Representative of County Government (County Director of Fisheries) | Member | Permanent | | Representative of BMUs | Member | Permanent | | Representative Of NEMA | Member | Permanent | | Representativeof Public Health and Sanitation | Member | Permanent | | Representative of Defence | Member | co-opted | | Representative of Cooperatives | Member | co-opted | | Representative of Water | Member | Co-opted | | Representative of Immigration | Member | Co-opted | | Representative of Kenya Revenue Authority | Member | Co-opted | | Representative of Kenya Wildlife Service | Member | Co-opted | | Representative Kenya Maritime Authority | Member | Co-opted | | Representative Kenya Ports Authority | Member | Co-opted | | Representative of East Africa Community /Foreign Affairs | member | Co-opted |

SECONDSCHEDULE

DESIGNATEDFISHLANDINGPORTS

1.Indian Ocean

| S/No. | Name of Landing site | District | Division/ Location | County | |---------|------------------------|------------|----------------------|----------| | | Shimoni | Msambweni | Vanga | Kwale | | | Mkokoni | Lamu | Hindi | Lamu | | | Mombasa | Mvita | Mvita | Mombasa |

S.50(2)

THIRDSCHEDULE

s.201

CONDUCT OFTHEAFFAIRS OF THE FISH MARKETING AUTHORITYBOARD

• (1)The Board of the Authority shall meet at least once in every three months to conduct thebusiness of theBoard of Authority.
• (2) The Chairperson may or upon request call a special meeting of the Board of the Authority at any time,where he or she considers it expedient for the transaction of the businessof the Board of the Authority
• (3)At the first meeting of the Board of Authority,the members shall elect a vice-chairperson,not being an ex-officio member,from among its members.
• (4) Other than a special meeting,or unless three quarters of members agree,at least twenty one dayswritten notice of every meeting of the Board of theAuthority shall be given to every member of theBoard of the Authority by the secretary.
• (5) The quorum at a meeting of the Board of the Authority shall be half of the members or a greater number determined by the Board of the Authority in respect of an important matter.
• (6) The Chairperson shall preside at the meetings of the Board of the Authority and in the absence the vice-chairperson,and in his absence,a member of the Board of the Authority elected by the members present from among theirnumber shall preside
• (7) The matters of the Board of the Authority shall be decided by a majority of the memberspresent and voting and in the event of equality of votes, the person presiding shall have a casting vote.
• (8) The proceedings of the Board of the Authority shall not be invalidated by reason ofa vacancy among the members or a defect in the appointment or qualification of a member.
• (9) Subject to the provisions of this Schedule,the Board of the Authority may determine its own procedure and the procedure for any committee of the Boardof the Authority and for attendance of any other persons at the meetings and may make standing orders in respect thereof.

FOURTHSCHEDULE

• 1.The Agriculture,Fisheries and Food Authority Act is amended-
• (a) in the long title,by deleting the word ",Fisheries appearing between the words "Agriculture"and "and Food Authority";
• (b) in the short title,by deleting the word ",Fisheries appearing between the words "Agriculture"and " and Food Authority Act,2013"
• (c) in section I,by deleting the word "Fisheries appearing between the words "Agriculture"and
• "and Food Authority";
• (d)in section 2,in the definition "agriculture"by
• deleting-
• (i) the words"(whether or not covered by water) appearingbetween the words "use of land" and"for any purpose";
• (ii) the words ", aquaculture"appearing between thewords"husbandry"and oog pue production";
• (ii)paragraph (b);
• (iv)paragraph (d);
• (e) in section 2,in the definition "Authority"by deleting the word",Fisheries"appearing between the words"Agriculture"and"and Food Authority;
• (fin subsection (1) of section 3,by deleting the word "Fisheries" appearingbetween the words
• "Agriculture"and"and Food Authority";
• (g)in subsection (3)of section 3,by deleting the word "and Fisheries Act"appearing before the word between the words "the Crops Act"and "the
• "respectively"andinsertingtheword"and LivestockAct";
• (h) in paragraph (a) of section 4 by deleting the words "and the Fisheries Act"appearing before the words "in accordance with the provisions of these Acts";

Amendment to Act No.13of

2013.

• (i)in paragraph (b) of section 4,by deleting the
• words-
• (i)"and aquatic"appearing before the words
• "agricultural";and
• (i)",and the Fisheries Act"appearing at the
• end of the paragraph;
• G in paragraph (c) of section 4,by deleting the words "and aquatic"appearing before the words Fisheries Act"appearing after the words "the Crops Act";
• (k)in paragraph (d) of section 4,by deleting the words"and aquaculture"appearing between the research thereof';
• in paragraph (e)of section 4,by deleting the words"on agricultural"and "levies for purposes
• of planning";
• (m) in paragraph (f) of section 4,by deleting the words "the Fisheries Act"appearing between the
• law";
• (n)in subsection (1) of section 1l,by deleting the words "and including a Directorate of fisheries and Food productionand substituting therefor the wordsand shall include a directorate on food production";
• (o)by deleting subsection (2) of section 1l;
• (p)in subsection (4) of section 1l,by deleting the words "and aquatic"appearing between the words"management of that agriculturaland the
• b) in subsection (3) of section 21,by deleting the agricultural"and"purposes";and
• in subsection (l)of section 22,by deleting the

the words "agricultural landand the words "either in Kenya",and

• subsection (2).
• 2.The Kenya Agricultural and Livestock Research Act is amended-
• (a) in subsection (1) (a) of section 5,by deleting the words "marine and fisheries"appearing between the words "livestock"and"genetic resources";
• (b) in subsection (2) (b)of section 32,by deleting the word "fisheriesappearing between the words
• "livestock"and "forestry and environment"";
• (c)in subsection (2)(b) of section 32,by deleting the words"forestry and fisheries production"and substituting therefor the words"and forestry";
• (d) in the Second Schedule by deleting paragraphs (c)
• and(1);
• (e)in the third Schedule by deleting paragraph (e); and

(fin the Fourth Schedule by deleting paragraph (b)

Amcndment to Act No.17of 2013.

MEMORANDUM OFOBJECTSAND REASONS

The principal object of this Bill is to provide a comprehensive legislative

framework for the development,governance and investments of the oceans and fisheries resources;in line with the national development policy objectives envisaged in the Vision 2030.It is aligned to international and regional instruments governing global fisheries and the relevant national laws. The Bill seeks to align the governance of the fisheries sector to the Constitution of Kenya, 2oio which call for sustainable use of our natural resources for the benefit of the people of Kenya and governance at the county and national levels.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

The Bill does not delegate legislative powers and does not limit any

fundamental rights and freedoms.

Indication of whether the Bill concern county governments

The Bill concerns County Governments in terms of Article 1io (l) (a) of the Constitution.Paragraph 1(e) of Part 2 of the Fourth Schedule to the Constitution provides that agriculture including fisheries is a function of county governments.

Statement that the Bill is a money Bill within the meaning of Article

114 of the Constitution

The enactment of this Bill may occasion additional expenditure of public

funds to be provided for through the annual estimates.

Dated the 13th June,2023

KIMANIICHUNG'WAH,

MemberofParliament.