Fisheries Management and Development (Beach Management Units) Regulations, 2024

Section 1. Citation Section These Regulations may be cited as the Fisheries (Beach Management Units) Regulations, 2024.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— “Act” means Fisheries Management and Development Act Cap. 378 ; “assembly” means a meeting of registered members of a beach management unit convened pursuant to the provisions of these Regulations; “authorized fisheries officer” means a person of or above the rank of assistant fisheries officer appointed in the public service, having administrative jurisdiction over a beach management unit; “beach” means the defined geographical area of jurisdiction of a beach management unit established under regulation 3 ; “beach management unit” has the meaning assigned to it under the Act; “beach management unit network” means an organization of beach management units at ward, sub-county, county, water body and national levels formed under regulation 52 ; “boat owners” means the owners of registered fishing vessels; “chairperson” means the chairperson of the assembly or executive committee of a beach management unit or of the beach management unit network at the respective administrative level, elected in accordance with these Regulations; “co-management” means a partnership arrangement that shares re...

Section 3. Establishment of a beach management unit Section 3(1) A county executive committee member may establish a beach management unit in accordance with regulation 7 for a designated fish landing station. Section 3(2) The beach management unit established under sub-regulation (1) shall be a non-political and non-religious body.

Section 4. Objectives Section strengthen the management of fish landing stations, fishery resources and the aquatic environment;

Section 5. Functions of the beach management unit Section 5(1) A beach management unit shall be responsible to its members and to the county executive committee member for ensuring the orderly, safe and effective use, management and operation of the fish landing station over which it has jurisdiction. Section 5(2)(a) support collection, collation and submission of fishing and fisheries related data to the county executive committee member and the Director-General; Section 5(2)(b) ensure that the fish landing station, together with any structures or buildings situated thereon, is kept in a clean, tidy and hygienic condition; Section 5(2)(c) ensure adequate security at the fish landing station and any fishing vessels, nets or other equipment or structures within its boundaries; Section 5(2)(d) ensure compliance with applicable hygiene standards in connection with the landing storage and safety of fish and fishery products; Section 5(2)(e) in conjunction with other relevant agencies, maintain safety and order at the fish landing station; Section 5(2)(f) maintain any building or structure on the fish landing station; Section 5(2)(g) promote the marketing of fish including the construct...

Section 6. Powers of the unit Section erect, with the written permission of the county executive committee member, such structures or buildings as may be necessary for the discharge of its functions;

Section 7. Procedure for registration of a beach management unit Section 7(1) An application for registration of a beach management unit shall be made to the county executive committee member through the county director of fisheries. Section 7(2)(i) meet the criteria set out under regulation 24 ; Section 7(2)(ii) intend to operate within the landing site; and Section 7(2)(iii) practice legal fishing and legal fisheries activities. Section 7(3) Upon receipt of an application under sub-regulation (1) , the county executive committee member shall, in consultation with other relevant agencies, cause the relevant land area of a fish landing station to be surveyed and the boundaries of the proposed fish landing station to be clearly delineated and marked. Section 7(4) Upon conclusion of the survey, delineation and marking under sub-regulation (3) , the county director of fisheries shall cause to be placed in prominent places on and around the beach, notices inviting person to register their interest in becoming members of the beach management unit within a period of thirty days. Section 7(5) Following the expiry of the thirty days under sub-regulation (4), the county director of fisherie...

Section 8. Area of jurisdiction. Section 8(1)(a) for which it is established in accordance with regulation 3 ; and Section 8(1)(b) which corresponds with the respective administrative level where it is constituted. Section 8(2) For the purpose of ensuring safety of fish and fish products, a specific area of the fish landing station shall be delineated, marked and assigned for the exclusive purposes of landing and selling fish and fish products: Provided that the provision of services for the purposes of tourism or recreation shall be assigned a separate area of the beach away from the specified area. Section 8(3) A beach management unit shall exercise its jurisdiction over a beach in a fair, equitable and non-discriminatory manner. Section 8(4) A beach management unit shall display in a prominent location on the beach a notice stating that the beach is managed by the beach management unit, which shall be identified by name.

Section 9. Information relating to a beach management unit Section 9(1)(a) a description of the beach including a plan and a geo-reference description of any area identified for the exclusive purpose of landing or selling fish and fish products; Section 9(1)(b) the specific activities that may be undertaken at its beach by its members or by members of other beach management units in accordance with any applicable co-management plan; Section 9(1)(c) the specific activities at the fish landing station over which it has jurisdiction and that may only be done by its members; Section 9(1)(d) categories of its membership; Section 9(1)(e) movement of members from one beach management unit to another; and Section 9(1)(f) nomination of members to the administrative structures of the beach management unit.

Section 10. Register of beach management units Section 10(1)(a) the name; Section 10(1)(b) the location of the head office; Section 10(1)(c) the number of members; Section 10(1)(d) the names, addresses and telephone numbers of the chairperson and the members of the executive committee; and Section 10(1)(e) the date of filing of the most recent annual return, together with a copy of the return. Section 10(2) An electronic and manual register under sub-regulation (1) shall be maintained for public examination.

Section 11. Co-­management areas Section 11(1) The county executive committee member shall, following a consultative process pursuant to section 37 of the Act, designate an area as a co-management area where fisheries or fishing is done by the members of more than one beach management unit. Section 11(2) The Director-General shall, following a consultative process, designate a joint co-management area where fisheries or fishing is done by the members of more than one county. Section 11(3) Where a joint co-management area is declared under sub-regulation (2), the Director-General shall, in consultation with the county executive committee member, designate areas in which participating beach management units shall have specific responsibilities on undertaking of patrols. Section 11(4) A beach management unit shall constitute a patrol sub-committee in collaboration with the county director of fisheries or authorized fisheries officer, to undertake regular patrols within the co-management area, or within the designated patrol area in the case of a joint co-management area, to ensure compliance with the Act, and applicable.

Section 12. Co-management plan Section 12(1) The county executive committee member shall, upon designation of a co-management area and in consultation with the Director-General and relevant beach management units, develop a co-management plan for the respective co-management area. Section 12(2)(a) the fisheries management measures that are to be undertaken to ensure the sustainable utilization of fisheries in that area; Section 12(2)(b) the designation of closed areas in which all fishing activities or specified fishing activities are prohibited; Section 12(2)(c) the designation of fish breeding and nursery areas in which all fishing activities are prohibited; Section 12(2)(d) the designation of closed seasons either throughout the co-management area or in respect to specified areas; Section 12(2)(e) the marking of fishing vessels; Section 12(2)(f) demarcation and marking of the boundaries of fish breeding and nursery grounds; and Section 12(2)(g) restrictions on the number of fishing vessel licenses or fishing licenses that may be issued. Section 12(3)(a) give effect to applicable national and regional policies and plans; Section 12(3)(b) comply with the Constitution and the Act;...

Section 13. Environmental protection Section A beach management unit shall apply applicable laws to protect the aquatic environment within its co-­management area and shall co-­operate with the responsible authorities to that effect.

Section 14. Administrative structure Section the assembly;

Section 15. The assembly Section The assembly of a beach management unit shall consist of all the registered members.

Section 16. Responsibility of the assembly Section 16(1)(a) approval of the proposed budgets and work-plan; Section 16(1)(b) adopt the annual report and accounts; Section 16(1)(c) approve fees or charges payable by the members; Section 16(1)(d) oversee election of the members of sub committees; Section 16(1)(e) where necessary, remove from office the members of the executive committee; and Section 16(1)(f) ensuring sustainable fishing in their area of jurisdiction. Section 16(2) The assembly of a beach management unit shall not seek, either directly or indirectly, to interfere in, re-order or otherwise modify economic relationships between members who are in different membership categories.

Section 17. Executive committee Section 17(1)(a) the chairperson; Section 17(1)(b) the vice chairperson; Section 17(1)(c) the secretary; Section 17(1)(d) the deputy secretary; Section 17(1)(e) the treasurer; and Section 17(1)(f) the committee members. Section 17(2)(a) thirty percent representing boat owners; Section 17(2)(b) thirty percent representing crew members; Section 17(2)(c) thirty percent representing traders; and Section 17(2)(d) ten percent representing others. Section 17(3)(a) reflects the interests of all categories of members; Section 17(3)(b) accords equal opportunities to the youth, persons with disabilities and other vulnerable and marginalized communities; and Section 17(3)(c) meets the gender requirement such that not more than two-thirds of the members shall be of the same gender.

Section 18. Responsibilities of the executive committee Section supervise the general management of the activities of a beach management unit;

Section 19. Sub-committee Section 19(1)(a) a patrol sub-committee; Section 19(1)(b) environment, hygiene and sanitation sub-committee; Section 19(1)(c) finance sub-committee; and Section 19(1)(d) resolution sub-committee. Section 19(2) Ordinary members of the executive committee shall be nominated by the executive committee to head the sub-committees so constituted. Section 19(3) The assembly shall elect five members to serve in the sub-committees. Section 19(4) The chairperson of the executive committee shall be an ex-officio member of all the sub-committees.

Section 20. Employee of beach management units Section 20(1) A beach management unit may employ such number of staff as are necessary for the proper performance of its functions in accordance with its approved budget. Section 20(2) An employee of a beach management unit shall not be entitled to contest for an elective office in that beach management unit

Section 21. Responsibilities of the Chairperson. Section 21(1)(a) chair meetings of the assembly and the executive committee; Section 21(1)(b) act as the official spokesperson of the beach management unit with third parties; Section 21(1)(c) be a signatory on the beach management unit’s fiduciary account; Section 21(1)(d) ensure timely submission of data, information and financial reports by the committee to the assembly and the county director of fisheries; and Section 21(1)(e) undertake such other tasks as may be specified in these Regulations. Section 21(2) Without prejudice to any provision in these Regulations, the chairperson’s powers shall be limited to the area of jurisdiction as guided by the county executive committee member.

Section 22. Responsibilities of the secretary Section convene meetings of the executive committee in consultation with the chairperson;

Section 23. Duties of the treasurer Section prepare and make payments authorized by the executive committee;

Section 24. Membership Section 24(1)(a) directly or indirectly depends, for their income or livelihoods, on fisheries activities done at the beach within the jurisdiction of a beach management unit; Section 24(1)(b) would be directly adversely affected by the temporary or permanent closure of fisheries activities in that beach; Section 24(1)(c) falls within one of the membership categories specified in regulation 25 ; and Section 24(1)(d) is above the age of eighteen years. Section 24(2) A person shall not be a member of more than one beach management unit. Section 24(3) A body corporate that meets the requirements of sub-­regulation (1)(a)(b) and (c) and acting through a representative may be a member of a beach management unit by application in writing to the beach management unit. Section 24(4) Where there are co-­owners of a jointly owned fishing vessel, the co-­owners shall determine who among them shall be a member of the beach management unit to represent their interests and shall jointly Categories of members notify the executive committee.

Section 25. Categories of members Section 25(1)(a) boat owners; Section 25(1)(b) crew members; Section 25(1)(c) fish traders; and Section 25(1)(d) foot fishers. Section 25(2)(a) a suspension of that licence shall have an effect of suspending the person’s right to membership in the beach management unit for an equivalent period; or Section 25(2)(b) a revocation of that licence shall have the effect of revoking the person’s right to membership in the beach management unit.

Section 26. Joining procedure Section 26(1) A person seeking to be a member of a beach management unit shall apply in writing to the executive committee for vetting. Section 26(2)(a) previous expulsion from a beach management unit; Section 26(2)(b) availability of space based on the maximum limit specified by relevant co-­management plans on the number of licenses to be issued at that beach; Section 26(2)(c) criminal record; and Section 26(2)(d) state of the mind. Section 26(3) Upon vetting by the executive committee under sub-­regulation (1), the application shall be determined in a meeting of the assembly of the beach management unit. Section 26(4) Where the application is accepted by the assembly under sub-­regulation (3), the executive committee shall transmit the application together with the minutes of the meeting to the county director of fisheries for approval. Section 26(5)(a) approve the membership of the applicant through the inclusion of his name in the register of members and the allocation of a membership number; or Section 26(5)(b) reject the application and inform the beach management unit indicating the reasons for the decision. Section 26(6) A person aggrieved by...

Section 27. Resignation and expulsion of a member Section 27(1) A member of a beach management unit may, by notice in writing to the executive committee, resign from the membership at any time. Section 27(2) The resignation of a member in sub-­regulation (1) shall not affect the liability of that person to pay any outstanding fees or charges to the beach management unit. Section 27(3)(a) is convicted in a court of law on a fisheries related offence; Section 27(3)(b) is convicted in a court of law on any other criminal offence and sentenced to imprisonment for a period exceeding six months; or Section 27(3)(c) is persistently engaged in behavior contrary to the objectives of the beach management unit and has ignored three written cautions issued by the executive committee. Section 27(4) The expulsion of a member shall be approved by a simple majority vote of the assembly in a duly convened meeting. Section 27(5) Upon expulsion of a person from a beach management unit, the county director of fisheries, authorized fisheries officer or the Director-General as the case may be, shall cancel any licence, registration or permit held by the person relating to the beach to which the beach ma...

Section 28. Rights and obligations of members Section 28(1)(a) participate in the decision-­making processes of the beach management unit; Section 28(1)(b) vote in elections of the beach management unit; Section 28(1)(c) contest for a position in any of the administrative structures, where the member is not in arrears concerning fees or charges due to the beach management unit; Section 28(1)(d) benefit from any services provided by the beach management unit to its members, subject to any applicable conditions; and Section 28(1)(e) inspect the books and records maintained by the beach management unit.

Section 52. Establishment of beach management unit networks Section 52(1) A beach management unit network may be established at the ward level, sub-county level, county level, water body level and national level. Section 52(2)(a) the ward level, sub-county level and county level shall be established by the county executive committee member; and Section 52(2)(b) water body level and national level shall be established by the Director-General, in consultation with the respective county executive committee member. Section 52(3)(a) to the respective authority as provided under sub-regulation (2); and Section 52(3)(b) in the manner specified under sub-regulation (5) . Section 52(4) The election of the chairperson, secretary or treasurer of any beach management unit network committee established in accordance with these Regulations shall be presided over by the respective authorized fisheries officers at each administrative level. Section 52(5) Where the county executive committee member or the Director-General, as the case may be, is satisfied with the documentation submitted for establishment of a beach management network at any level, the county executive committee member or the Direc...

Section 53. Mandate of beach management unit network Section 53(1) A beach management unit network shall be responsible to the county executive committee member, in case of a ward, sub-county and county level networks, and to the Director-General, in case of a water body network or national level network, for ensuring the orderly, safe and effective use and management of the administrative area over which it has jurisdiction. Section 53(2)(a) advocating for sustainable fisheries and environmental policies; Section 53(2)(b) developing and implementing a code of practice to strengthen self-policing and compliance; Section 53(2)(c) supporting elimination of illegal, unreported and unregulated fishing in collaboration with government agencies and development partners; Section 53(2)(d) representing beach management units at various relevant Government bodies and committees; Section 53(2)(e) mobilization of funds for fisheries management; Section 53(2)(f) resolving conflicts among fishers and beach management units; Section 53(2)(g) in conjunction with fisheries authorities, developing and implementing co-management plans; and Section 53(2)(h) promote partnerships and linkages with vario...

Section 54. Ward beach management unit network Section 54(1) Where there are two or more beach management units within a ward, the chairperson and one nominated member of the executive committee from each Beach Management Unit shall constitute a ward Beach Management Unit network committee. Section 54(2) The chairperson and one nominated member of the executive committee of the ward beach management unit network shall represent the ward beach management unit network at the sub-county beach management unit network committee.

Section 55. Sub-county beach management unit network Section Where there are two or more ward beach management units within a sub-county, the chairperson and one nominated member of the executive committee from each ward beach management unit network Sub-county beach management unit network shall constitute a sub-county beach management unit network committee.

Section 56. County beach management unit network Section Where there are two or more sub-county beach management units within a county, the chairperson and one nominated member of the executive committee from each sub-county beach management unit network shall constitute a county beach management unit network committee.

Section 57. Water body beach management unit network Section Where there are two or more county beach management units within a water-body, the chairperson and one nominated member of the executive committee from each county beach management unit network shall constitute a water body beach management unit network committee.

Section 58. National beach management unit network Section The chairperson and one nominated member of the executive committee shall represent each water body beach management unit network committee at the national beach management unit network committee.

Section 59. Administrative structure Section The administrative structure of a beach management unit network shall consist of beach management unit network committees at ward, sub-county, county, water body and national levels.

Section 60. Network sub-committees Section 60(1) A beach management unit network at any level shall provide for the establishment of network sub-committees in its standard operating procedures. Section 60(2) The members of the network sub-committee constituted under this regulation shall be selected by the committee to head the sub-committees. Section 60(3) The chairperson of a beach management unit network at any level shall be an ex-officio member in the network sub-committee established under this regulation.

Section 61. Qualifications as a member of the network sub-committee Section A member of a beach management unit network at sub-county level, county level, water body level and national level may qualify for appointment as a member of the respective network sub-committee if they meet the requirements set out under regulation 30 .

Section 62. Voting Section The voting at an election of a member of a network sub-committee at any level shall be by secret ballot.

Section 63. Term of office Section shall hold office for an initial term of four years;

Section 64. Restriction on leadership Section 64(1) A member of the network committee at sub-county level, county level, water body level and national level shall retain their leadership position at his or her beach and one other level and those who get elected at higher level shall forfeit the lower-level positions. Section 64(2) Sub-regulation (1) shall not apply to an official of a water body beach management unit network who is elected to a leadership position at the national beach management unit network. Section 64(3) A water body network official who gets elected to leadership position in the national level shall retain his or her water body position in addition to his or her position at the beach.

Section 65. Meetings of network committees Section 65(1) A network committee at sub-county level, county level and water body level shall meet at least four times in a year. Section 65(2) The national beach management unit network committee shall meet twice in a year. Section 65(3) Additional meetings of the network committee may be called by the chairperson as necessary or shall be called at the request of one third of its members. Section 65(4) The county director of fisheries or a person nominated county director of fisheries in writing, shall have the right to attend meetings of the network committee but shall have no voting rights. Section 65(5) Where a network fails to hold the meetings as required under this regulation, the county director of fisheries in case of ward, sub-county and county level networks, or the Director-General, in the case of water body and national level networks, shall convene the meeting.

Section 66. Quorum Section The quorum of a meeting of a network committee at sub-county level, county level and the water body level shall be at least half of the members.

Section 67. Decisions of network committees Section 67(1) The decision making of a network committee shall be by consensus. Section 67(2) Where decision making by consensus fails, the members may vote with each member holding one vote.

Section 68. Finances Section contributions from member beach management units; and

Section 69. Records Section an electronic and manual register of members;

Section 29. General Section election of representatives of the constituent colleges; and

Section 30. Qualifications as a member of the executive committee Section 30(1) A member of a beach management unit who wishes to contest in an election referred to in regulation 29(b) , shall apply for nomination as a candidate to the presiding officer in the Form BMU/F3 set out in the Schedule. Section 30(2)(a) is a citizen of Kenya and holds a national identity card, valid passport or driving licence; Section 30(2)(b) has been a member of the beach management unit for more than one year with the exception of candidates for the first elections, upon establishment of the beach management unit; Section 30(2)(c) is of sound mind; Section 30(2)(d) possesses a certificate of good conduct; Section 30(2)(e) has not contravened the laws relating to fisheries conservation and management; Section 30(2)(f) does not have any arrears of fees or charges to the beach management unit; Section 30(2)(g) has been proposed and seconded by at least ten other members of the beach management unit who shall be in the same membership category; Section 30(2)(h) is literate, except for the secretary and treasurer who shall be a holder of at least a secondary school education certificate; and Section 30(2)(...

Section 31. Voting announcing of results Section 31(1) The presiding officer shall announce the start of the campaign period at least seven days before the date of the election. Section 31(2) The voting at an election of the executive committee shall be by secret ballot. Section 31(3) Upon counting votes and announcing the election results, the presiding officer shall submit the election results to the county director of fisheries in the Form BMU/F4 set out in the Schedule. Section 31(4) The county director of fisheries shall issue an authority card after the election of officials.

Section 32. Members not entitled to vote Section 32(1) A new member who has joined the beach management unit during the year of elections shall not be eligible to vote in that year. Section 32(2) A member who has not renewed their membership for more than three consecutive years and does it in the year of elections shall be considered as a new member and shall not be eligible to vote in that year.