Fisheries Management and Development Act

Section 1. Citation Section This Act may be cited as the Fisheries Management and Development Act.

Section 2. Interpretation Section barter;

Section 3. Jurisdiction and sovereign rights of Kenya Section 3(1) Kenya shall have full jurisdiction and sovereign rights over fisheries resources in accordance with the Maritime Zones Act (Cap. 371), and such other maritime zones or areas which may be claimed from time to time, and full sovereignty and jurisdiction over fisheries resources in all public waters within its territory, including to the outer limit of the territorial sea, notwithstanding any right, including ownership or occupation, that any person may possess in relation to the water, seabed, riverbed or subsoil. Section 3(2) In accordance with subsection (1), the sovereign rights of management and control over such fisheries resources are vested in Kenya. Section 3(3) Ownership of all information required to be reported, notified or otherwise given pursuant to this Act, including all information generated by an automatic location communicator or similar device that is part of a vessel monitoring system, is vested in the Government.

Section 4. Application Section all Kenya fishery waters and areas over which Kenya exercises jurisdiction or sovereign rights;

Section 5. Objective and guiding principles Section 5(1) The objective of this Act is to protect, manage, use and develop the aquatic resources in a manner which is consistent with ecologically sustainable development, to uplift the living standards of the fishing communities and to introduce fishing to traditionally non-fishing communities and to enhance food security. Section 5(2)(a) long-term sustainable use, conservation and management of fisheries resources and habitat, and adoption and implementation of management measures in such a manner as to ensure that the fisheries resources and habitat are not overexploited, threatened or endangered; Section 5(2)(b) allocation and access to the fisheries resources in a manner that achieves optimum utilization, equitable distribution and long- term sustainable development of fisheries resources to achieve economic growth, human resource development, employment creation, a sound ecological balance and generational equity; Section 5(2)(c) conservation and protection of fisheries habitats; Section 5(2)(d) ensuring the effective application of the ecosystem approach to fisheries management; Section 5(2)(e) ensuring that biodiversity and gen...

Section 6. Establishment of the Kenya Fisheries Council Section 6(1)(a) the Cabinet Secretaries responsible for fisheries; Section 6(1)(b) the Cabinet Secretary responsible for interior and co-ordination of national government; Section 6(1)(c) Cabinet Secretary responsible for transport and infrastructure; Section 6(1)(d) the Cabinet Secretary responsible for national treasury; Section 6(1)(e) the Cabinet Secretary responsible for foreign affairs and international trade; Section 6(1)(f) a representative from a university or research institution with expertise in fisheries and who shall be nominated by the University council; Section 6(1)(g) a representative from the consumer federation nominated by the national consumer federation; Section 6(1)(h) a designate from the Council of Governors with expertise in fisheries who shall be nominated by the Council of governors; and Section 6(1)(i) a representative of fisheries nominated by a national umbrella of body fisheries. Section 6(2)(a) policies in relation to the co-ordination of fisheries management in relation to the aquatic environment and human dimensions; Section 6(2)(b) the allocation and access to fisheries resources; Section 6...

Section 7. Establishment and status Section 7(1) There is hereby established a Service to be known as the Kenya Fisheries Service, which shall be responsible for the conservation, management and development of Kenya's fisheries resources in accordance with this Act. Section 7(2)(a) suing and being sued; Section 7(2)(b) taking, purchasing, charging and disposing of movable and immovable property, and doing any other act or thing which may or be done by a body corporate. Section 7(3) The common seal of the Service shall not be affixed to any instrument except pursuant to a resolution of the Board and the affixing of the seal shall be attested by two members of the Board.

Section 8. Headquarters Section The Service shall have its headquarters in Nairobi and may establish such offices in the counties as may be appropriate to ensure that its services are provided at the county level.

Section 9. Functions of Service Section ensure the appropriate conservation development of standards on management, sustainable use, development and protection of the fisheries resources;

Section 10. Establishment, functions, powers and duties of the Board of Directors Section 10(1)(a) provide general control over and be accountable to the Cabinet Secretary for the exercise of the functions and powers of the Service; Section 10(1)(b) advise the Cabinet Secretary on all matters pertaining to the conservation, management standards, development, and sustainable use of fisheries resources; Section 10(1)(c) provide recommendations to the Cabinet Secretary for overall policy in matters within the scope of this Act; Section 10(1)(d) collaborate with the Fish Marketing Authority established under section 204 and other agencies to ensure that trade in fish is carried out in accordance with the provision of this Act; Section 10(1)(e) approve the annual budget and financial plan of the Service and otherwise provide oversight for all financial matters; Section 10(1)(f) endorse the annual report of the Service required under section 25 and transmit it through the Cabinet Secretary to Parliament; Section 10(1)(g) establish an open, competitive, transparent and objective selection process, and required qualifications for, the Director-General, and as appropriate for other persons...

Section 11. Membership of the Board Section 11(1)(a) a Chairperson appointed by the President from among the members appointed under paragraph (c); Section 11(1)(b) fisheries; Section 11(1)(b)(i) fisheries; Section 11(1)(b)(ii) defence; Section 11(1)(b)(iii) finance; Section 11(1)(c) five members, not being public officers, openly appointed by the Cabinet Secretary for their long-term knowledge and experience in the conservation, management, development and sustainable use of fisheries resources; Section 11(1)(d) all members must meet the requirements of Chapter Six of the Constitution. Section 11(2) The Director-General shall be the secretary to the Board. Section 11(3) The members of the Board shall at their first meeting after appointment, elect a deputy Chairperson from amongst their numbers provided that the Chairperson and deputy Chairperson shall not be of the same gender. Section 11(4) The Cabinet Secretary shall in making appointments under subsections (1)(c) have regard to the principle of gender parity, age, regional and ethnic balance and shall, to the extent possible, ensure an equitable representation from different sub-sectors of the fisheries sector. Section 11(5)(a...

Section 12. Termination of appointment as a member of the Board Section 12(1)(a) resigns from office by notice in writing addressed to the Chairperson, who shall transmit such resignation to the Cabinet Secretary; Section 12(1)(b) has been absent from three consecutive meetings of the Board without notifying the Chairperson; Section 12(1)(b)(i) has been absent from three consecutive meetings of the Board without notifying the Chairperson; Section 12(1)(b)(ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; Section 12(1)(b)(iii) is convicted of an offence involving false statements, fraud or dishonesty; Section 12(1)(b)(iv) is convicted of a criminal offence; Section 12(1)(b)(v) is unable to, by reason of mental or physical infirmity to discharge functions as a member of the Board; Section 12(1)(b)(vi) is found to have acted in a manner prejudicial to the aims and objectives of this Act; or Section 12(1)(b)(vii) fails to comply with the provisions of this Act relating to disclosure. Section 12(2)(a) in the case of an ex officio member be filled by appointment of another nominee by the Cabinet Secretary of the relevant Ministry or the gover...

Section 13. Disclosure of interest Section 13(1) A member of the Board shall declare his or her interest in any matter falling within the functions of the Board in which the member of the Board knows or ought to have reasonably known that an interest exists as described in subsection (5). Section 13(2) A member who has an interest shall, after the relevant facts have come to his or her knowledge, immediately disclose the nature of his or her interest to Board members through the Chairperson. Section 13(3)(a) not take part, after the disclosure, in any matter under consideration by the Board which relates to the interest, including any deliberation or decision of the Board; Section 13(3)(b) be disregarded for the purpose of constituting a quorum of the Board for any deliberation or decision referred to in subsection (a). Section 13(4)(a) a business or property the member directly or indirectly owns or controls; Section 13(4)(a)(i) a business or property the member directly or indirectly owns or controls; Section 13(4)(a)(ii) a business or property owned or controlled, directly or indirectly, by a family member; Section 13(4)(a)(iii) a business or property in which the member has a b...

Section 14. Meetings of the Board Section 14(1) The Board shall meet not less than four times in every financial year, and not more than four months shall elapse between the date of one meeting and the date of the next meeting and the date for each meeting shall be confirmed not less than five working days in advance of such meeting. Section 14(2) Special meetings shall be convened upon a written request by the Chairperson of the Board or not less than four members, and in accordance with such other procedures as the Board may agree in by-laws: Provided that at least five working days' notice of the meeting shall be given to every member. Section 14(3)(a) five members, one of whom shall be the Chairperson or his or her nominee, constitute a quorum; Section 14(3)(b) the Chairperson, or in his or her absence the Deputy Chairperson, shall preside, and if both the Chairperson and the Deputy Chairperson are absent, the members present shall appoint, from among their own number, a Chairperson for that meeting; Section 14(3)(c) matters arising shall be decided by a majority of the votes of the members present and voting; and Section 14(3)(d) the person presiding has a deliberative, and in...

Section 15. Appointment of the Director-General Section 15(1) There shall be a Director-General of the Service who shall be competitively recruited by the Board openly and transparently, and on such terms and conditions as may be specified in the instrument of appointment. Section 15(2)(a) natural resource or environmental management, or science; Section 15(2)(b) fisheries studies, including fisheries governance, management, development or science; Section 15(2)(c) aquatic science; or Section 15(2)(d) any other related field, and has at least ten years' experience in a senior management position in a public institution.

Section 16. Functions of the Director-General Section 16(1) The Director-General shall be the chief executive officer of the Service and shall be responsible to the Board for the day-to-day management of the affairs of the Service and shall, on behalf of the Board and subject to this Act, have the general superintendence of all matters within the scope of this Act. Section 16(2)(a) be responsible for carrying out the functions, managing the affairs and exercising the powers of the Service; Section 16(2)(b) ensure efficient and effective administration of the Service, including through the preparation of annual work plans and development strategies for the Service; Section 16(2)(c) recommend to the Board the recruitment of competent human resources for the Service; Section 16(2)(d) collaborate with the Fish Marketing Authority established under section 204 and other agencies to identify marketing and investment opportunities for the fisheries sector; Section 16(2)(e) upon direction by the Board, enter into agreements on behalf of the Service for the management, conservation, use and exploitation of fisheries resources; and Section 16(2)(f) perform such other functions as the Board m...

Section 17. Other staff of the Service Section 17(1)(a) such officers of the Service as are specified in Part A of the First; and Section 17(1)(b) such disciplined officers of the unit established under section 20 as are specified in Part B of the First Schedule; and Section 17(1)(c) such other employees, agents, servants or consultants of the Service, as may be necessary for the performance of the functions of the Service. Section 17(2) Every person appointed under subsection (1)(b) shall take and subscribe to the oath of allegiance set out in Part C of the First Schedule. Section 17(3) The provisions Part D of the First Schedule have effect with respect to the Service. Section 17(4) The Board shall within a reasonable time provide for a staff superannuation scheme to determine service for the employees of the Service.

Section 18. Authorized officers Section 18(1) The Cabinet Secretary may, in consultation with the Council and the Director-General and with the approval of the Board, by notice in the Gazette appoint a police officer of or above the rank of an inspector, or an officer with the Kenya Navy or other armed force to be an authorised officer for purposes of this Act. Section 18(2) A person appointed under subsection (1), shall perform such functions as the Board may specify.

Section 19. Honorary fisheries officers Section 19(1) The Director-General may, with the approval of the Board, by notice in the Gazette appoint suitable persons to be honorary fisheries officers for the purpose of assisting the Service in carrying into effect the provisions of this Act. Section 19(2)(a) hold office subject to such conditions as the Director may prescribe, for a period of five years; and Section 19(2)(b) have such functions as may be prescribed by rules made under this Act.

Section 20. Establishment of Monitoring, Control and Surveillance Unit Section 20(1) There is hereby established within the Service Monitoring, Control and Surveillance Unit (MCS) hereinafter referred to as "the MCS Unit". Section 20(2)(a) monitoring, control and surveillance, including enforcement, and compliance with this Act and any other legislation relating to activities falling within the scope of this Act; and Section 20(2)(b) cooperating and coordinating with, and performing relevant functions within the broader system of monitoring, control and surveillance at bilateral, sub-regional, regional and international levels to implement agreements or measures which are binding upon Kenya or which the Cabinet Secretary, as appropriate in consultation with the Cabinet Secretaries responsible for internal security and defence, directs subject to the Treaty Making and Ratification Act (Cap. 4D). Section 20(3) The MCS Unit shall include the officers specified in Part B of the First Schedule, and such other persons or categories of officers as may be appointed by the Cabinet Secretary by notice in the Gazette from time to time. Section 20(4)(a) the organization and deployment of the U...

Section 21. Inter-agency monitoring, control and surveillance unit Section 21(1) The Cabinet Secretary may make regulations establishing and assigning functions to an inter-agency monitoring control and surveillance unit ("the Inter-agency MCS Unit"). Section 21(2) The Inter-agency MCS Unit shall comprise members specified in Part D of the First Schedule and such other persons as the Cabinet Secretary may co-opt thereto. Section 21(3) The principal function of the inter-agency MCS Unit shall be to ensure coordinated and effective inter-agency enforcement of and compliance with this Act. Section 21(4) The Director-General shall serve as the chairperson and the Service shall be the secretariat of the Inter-agency MCS Unit.

Section 22. Funds of the Service Section 22(1)(a) such monies as may be appropriated by Parliament; Section 22(1)(b) such monies or assets as may accrue to or vest in the Service in the course of the exercise of its powers and the performance of its functions under this Act; and Section 22(1)(c) all monies from any other source provided for or donated or lent to the Service. Section 22(2)(a) discharge of expenses, obligations and liabilities of the Service; Section 22(2)(b) the remuneration of the staff of the Service and for allowances to the members of the Board; Section 22(2)(c) contracts for technical consultants, observers, researchers and other personnel, activities or operations which support the functions and programmes of the Service; Section 22(2)(d) travel expenses relating to official; Section 22(2)(e) training and education courses or programmes for purposes relating to the objectives of the Service, and the functions and programmes of the Service; Section 22(2)(f) financial assistance for management and development activities in the Counties consistent with the functions of the Service; Section 22(2)(g) grants to institutions, agencies, associations or other organizat...

Section 23. Financial Year Section The financial year of the Service shall be the period of twelve months ending on the thirtieth June in each year.

Section 24. Annual estimates Section 24(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Service for that year. Section 24(2)(a) the payment of salaries, allowances and other charges in respect of the staff and members of the Service; Section 24(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Service; and Section 24(2)(c) the acquisition, maintenance, and repair and replacement of the equipment and other movable property of the Service. Section 24(3) No expenditure shall be incurred for the purpose of the Service except in accordance with the annual estimates approved under subsection (2).

Section 25. Accounts and audit Section 25(1) The Board shall cause to be kept proper books and records of account of its income, expenditure and assets of the Service. Section 25(2) The accounts of the Service shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 26. Director-General to report to the Board Section 26(1)(a) an annual report on the progress and the performance of the Service in relation to its functions and the exercise of its powers; and Section 26(1)(b) a financial report, audited by an auditor appointed by the Board, for the year ended 30th June previously in accordance with the requirements in section 26 (2). Section 26(2) The financial reports of the Service shall be recorded under an "accrual basis" of accounting in accordance with accounting principles generally applied in commercial practice. Section 26(3) The Board shall consider and as appropriate endorse the reports required under subsection (1) as soon as practicable after receiving them, and transmit them through the Cabinet Secretary to the National Assembly. Section 26(4) The Cabinet Secretary shall transmit the reports required under subsection (1) to the Speaker for presentation to Parliament. Section 26(5) The Service shall ensure that the reports required pursuant to subsection (1) are available to the public or other government agencies upon the presentation to Parliament.

Section 27. Fisheries Research and Development Fund Section 27(1) There is established a fund to be known as the Fisheries Research and Development Fund which shall be administered by the Director-General. Section 27(2)(a) such monies as may be provided by Parliament; Section 27(2)(b) donations made to the Service from any source for purposes of the Fund, and Section 27(2)(c) royalties paid to the Service: Section 27(3) The object of the fund shall be to provide supplementary funding for research intended to further the development of fisheries management, capacity building, scholarships, grants and support for the observer programme established under section 147 . Section 27(4) The Cabinet Secretary may by notice in the Gazette provide for the mode of administration of the Fund established under sub-section (1).

Section 28. Fish Levy Trust Fund Section 28(1) There is hereby established a fund to be known as the Fish Levy Trust Fund. Section 28(2)(a) a levy imposed by the Cabinet Secretary under section 28 by Order to require the payment of levies by persons engaged in fishing or fishing related activities of a fish levy ("the levy") which may provide requirements relating, inter alia, to activities within the scope of this Act; and the evidence by which a person's liability to pay the levy, or the payment thereof, may be established, and the time at which any amount shall become payable. Section 28(2)(b) donations made to the Service from any source for purposes of the Fund; and Section 28(2)(c) such other sums of money or other assets as may be specifically designated to the Fish Levy Trust Fund by the Service out of its general fund. Section 28(3) The object of the fund shall be to provide supplementary funding of activities geared towards management, development and capacity building, awards and urgent mitigation to ensure sustainability of the fisheries resource. Section 28(4) The Trust shall be administered by a five member Board of Trustees nominated through an open and competitive p...

Section 75. Information, data and records Section 75(1)(a) any information and data, including information relating to fishing, fisheries, aquaculture, landing, research, storage, food safety, processing, buying, selling, exports and other related transactions; Section 75(1)(b) accounts, records, returns, documents; and Section 75(1)(c) any other information in relation to activities falling within the scope of this Act additional to that specified under this Act. Section 75(2)(a) holders of licences or authorizations issued under this Act; Section 75(2)(b) owners, operators, legal representatives, and masters of vessels licensed or authorized under this Act; Section 75(2)(c) owners and persons in charge of any premises where fish or fish products are received, bought, stored, transported, processed, sold, or otherwise disposed of; Section 75(2)(d) persons who engage in the receiving, buying, selling, transporting, processing, storage, export, import or disposal of fish or fish products; Section 75(2)(e) persons who engage in commercial aquaculture activities; Section 75(2)(f) persons engaged in recreational fishing; Section 75(2)(g) persons engaged in fishing otherwise than for th...

Section 76. Ownership of information Section Ownership of all information required to be reported, notified or otherwise given to the Government and all information generated by automatic location communicators or similar device that is part of a vessel monitoring system under this Act is vested in the Government.

Section 77. Information in partnership agreements between vessel agents and vessel owners Section 77(1) True copies of all agreements setting out the terms of partnership, association or other contractual obligations of agents to vessel owners shall be deposited in their full and unabridged form with the Ministry upon the application in respect of a foreign fishing vessel for any licence or authorization under this Act. Section 77(2) In cases where an agreement contains information of a significantly sensitive commercial nature, such information may be concealed provided that it is declared, certified and legally notarised as such. Section 77(3) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of one million thousand shillings or to a term of imprisonment not exceeding three years or to both. Section 77(4) Any person who, not being party to the partnership, association or other contractual obligation referred to in subsection (1), divulges information of a confidential nature or conceals information which is not of a significantly sensitive commercial nature, commits an offence and shall be liable on conviction to a fine of thre...

Section 78. Information on labels of containers, etc. containing fish harvested in Kenya fishery waters Section 78(1)(a) that the fish were harvested in the Kenya fishery waters, irrespective of the flag State of the vessel or nationality of any person involved in the production of such fish, and shall not indicate in any way that such fish is the product of any State other than Kenya; Section 78(1)(b) the name of the fishing vessel that harvested the fish; Section 78(1)(c) the name of the company that is the owner or operator of the fishing vessel; and Section 78(1)(d) such other information that may be prescribed. Section 78(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of three hundred thousand shillings or to a term of imprisonment not exceeding three years or to both.

Section 79. Information to be true, complete and correct Section 79(1) Any information given, furnished or maintained or required to be given, furnished or maintained under this Act shall be true, complete and accurate. Section 79(2) A person who keeps, furnishes or communicates any accounts, records, returns or information by or under this Act, and gives, furnishes, or maintains information which is false, misleading or inaccurate in contravention of subsection (1) in any material respect, commits an offence and shall be liable on conviction to a fine of three hundred and fifty thousand shillings or to a term of imprisonment not exceeding three years or to both, and any relevant licence issued pursuant to this Act which is held by such person may be revoked.

Section 80. Confidential information Section 80(1) No person carrying out duties or responsibilities under this Act, including the Cabinet Secretary, Board members and Director-General shall, unless authorized or otherwise provided or directed in accordance with this Act, reveal information or other data of a confidential nature or designated as confidential in accordance with this Act, acquired by virtue of their said authority, duties and responsibilities to any person not having such authority or carrying out such duties and responsibilities. Section 80(2) The Cabinet Secretary in consultation with the Director-General may designate any information as confidential, and in doing so may also exempt general summaries of aggregated information from confidentiality requirements. Section 80(3)(a) receive or access confidential information; Section 80(3)(b) access or restrict access to such premises holding confidential information as he/she may designate. Section 80(4)(a) any information or data of a commercial nature provided in records, returns, or other documents required under this Act; Section 80(4)(b) any information or data supplied by a vessel monitoring system or part thereof...

Section 81. Registers of licences and authorizations Section 81(1) The Director-General shall establish and maintain a national register of licences and authorizations issued under this Act in accordance with such requirements as may be prescribed or required by the Cabinet Secretary. Section 81(2)(a) information on applications for licences and authorizations under this Act; Section 81(2)(b) information on each licence and authorization issued, renewed, suspended or cancelled under this Act, including the activity, date and duration; Section 81(2)(c) information on each licensed or authorized person; Section 81(2)(d) information on the relevant vessel, facility, and/or licensed or authorized activity; Section 81(2)(e) any record of non-compliance with the licence or authorization; Section 81(2)(f) any record of action taken as a result of non-compliance; Section 81(2)(g) the requirements of any relevant international conservation and management measures of an organization of which Kenya is a member or cooperating non-member; and Section 81(2)(h) such other information that may be prescribed or required by the Director-General. Section 81(3)(a) within areas under national jurisdict...

Section 82. Information on legal and administrative action taken in respect of violations of the Act Section The Director-General shall maintain and make publicly available a record of the outcome of any legal or administrative action taken in respect of any violation against this Act that results in a judgment or administrative determination.

Section 83. Information available to public Section The Director-General shall make information available to the public and as necessary disseminate relevant information to stakeholders for purposes of fisheries conservation, management and development, including regional and international organizations, except for such information that may be designated confidential in accordance with section 82 .

Section 29. Fisheries vest in the State Section 29(1) All fisheries resources vest in the State and shall be conserved, managed and developed consistently with this Act, including its objective and principles, and acknowledging their role as the heritage of the people of Kenya. Section 29(2) Nothing in this Act shall be deemed to prevent any member of the community from using, subject to such conditions as may be prescribed under this Act, such fisheries or fisheries resources as it has been the custom of that community to use.

Section 30. Fisheries development measures

Section 31. Notification by the Director-General Section 31(1) The Director-General shall by notice in the Gazette give notice of any international conservation and management measures recognized by Kenya for the purposes of this Act. Section 31(2) A notice under subsection (1) shall append the relevant agreement or arrangement, or international conservation and management measure.

Section 32. Implementation of international conservation and management measures

Section 33. Director-General to keep Counties informed of management measures, processes Section 33(1) The Director-General shall ensure that all County Governments are consulted and kept informed of relevant management measures and processes taken pursuant to this Act. Section 33(2) Each County shall collaborate with the Director-General in the management of fisheries and shall, for this purpose ensure that the Director-General is informed, by effective means of communication, of relevant developments in relation to the management of fisheries within the County.

Section 34. County may develop fisheries management plans Section 34(1) Each County may develop fisheries management measures and plans for fisheries resources within its jurisdiction as provided in the Fourth Schedule to the Constitution. Section 34(2) In developing the management measures and plans, referred to in subsection (1), the relevant authorities in the County shall take steps to ensure that such plans and measures are consistent with the provisions of this Act, including its objective and principles, and that they take into account relevant measures taken, information and data available, and the economic and social value of the resource pursuant to this Act.

Section 35. County to submit fisheries management plans to Director-General for endorsement Section take into consideration, to the extent possible, elements of a fisheries management plan described in section 39 ; and

Section 36. Relations between National and County governments Section 36(1) Where there is any conflict between a County fisheries management plan and the management-related provisions of this Act, the Director-General shall consult with the County government and give appropriate direction. Section 36(2)(a) serve the County government with a notice requiring it to take specified action within a specified period to rectify and improve the fisheries management; and Section 36(2)(b) if the County government does not take action as required, the Director-General shall prepare a report and submit to the Cabinet Secretary with recommendations on the action to be taken.

Section 37. Establishment of Beach Management Units Section 37(1) The Cabinet Secretary may for purposes of ensuring structured community participation in fisheries management, make regulations setting out standards for the management of beach management units established by the county governments. Section 37(2)(a) objectives, structure, areas of jurisdiction and mandate in co-management; Section 37(2)(b) minimum standards in the general administration of the beach management units; Section 37(2)(c) standards to be adhered to by beach management units in imposing levies and charges and the management and utilization of such funds; Section 37(2)(d) such other standards which the Cabinet Secretary may consider necessary for the effective administration and management of the beach management unit; Section 37(2)(e) the protection of vulnerable groups, especially youth and women; and Section 37(2)(f) processes necessary to ensure that not more than two thirds of Beach Management Units are of the same gender and to ensure the inclusion of youth and persons with disability in leadership.

Section 38. Responsibility for planning fisheries management Section The Director-General shall be responsible for planning for the conservation, management, development and sustainable use of all fish and fisheries within Kenya fishery waters.

Section 39. Fisheries management plans Section 39(1)(a) is important to the national interest; and Section 39(1)(b) requires special conservation and management measures for effective sustainable use of the fisheries resources. Section 39(2)(a) prepare, keep under review and be responsible for the implementation of fisheries management plans for the conservation management, development and sustainable use of each designated fishery in the Kenya fishery waters; Section 39(2)(b) prepare, keep under review and be responsible for the implementation of fisheries management plans for any other fisheries in the Kenya fishery waters as may be necessary and practicable; and Section 39(2)(c) determine the priority for the preparation of fisheries management plans, taking into account the advice of any committee established and carrying out functions under this Act and of other relevant stakeholders. Section 39(3)(a) identification of the fisheries resource and its characteristics, including its economic and social value and interrelationship with other species in the ecosystem; Section 39(3)(b) an assessment of the present state of exploitation of the fisheries resource and potential average...

Section 40. Fisheries management measures Section 40(1)(a) closed seasons and or areas for species of fish or methods of fishing provided that customary fishing rights are protected; Section 40(1)(b) prohibited fishing areas for all or designated species of fish or methods of fishing; Section 40(1)(c) limitations on the types of gear, including mesh sizes of nets, that may be used for fishing; Section 40(1)(d) limitations on the types and/or number of fishing vessels permitted to engage in fishing provided that customary fishing rights are protected; Section 40(1)(e) limitations on the amount, size, age and other characteristics and species or composition of species, of fish that may be caught, landed or traded; Section 40(1)(f) regulate the landing of fish and provide for the management of fishing ports, including fish landing stations; Section 40(1)(g) control of the introduction into, or harvesting or removal from Kenya fishery waters of any species of fish, including aquatic plants; Section 40(1)(h) define and identify fragile aquatic ecosystems and provide structures to enable collaborative protection; Section 40(1)(i) regulate trade in endangered species of fish and fish prod...

Section 41. Limitation of fishing and fishing related activities Section 41(1) The Director-General may take fisheries management measures to limit fishing and fishing related activities in accordance with the objective and principles of this Act and shall communicate such measures by notice in writing to the persons affected. Section 41(2) A person aggrieved by the action taken by the Director-General pursuant to subsection (1) may appeal in writing to the Cabinet Secretary.