Fisheries Management and Development (Marine Fisheries) Regulations

Section 1. Citation Section These Regulations may be cited as the Fisheries Management and Development (Marine Fisheries) Regulations, 2024.

Section 5. Registration for subsistence fishing Section A person who intends to undertake subsistence fishing in Kenya marine fishery waters shall apply for registration to the County Executive Committee Member in Form 1 set out in the First Schedule.

Section 6. Application for a fishing license Section 6(1) A person who intends to undertake artisanal, ornamental, semi-industrial, industrial or foreign industrial fishing in Kenya marine fishery waters shall apply for a licence to the Director-General in Form 2 set out in the First Schedule. Section 6(2) The application under subregulation (1) shall specify all the crew members on board the intended fishing vessel.

Section 7. Register Section 7(1) The Director-General and the County Executive Committee Member shall maintain a register of fishers which shall be available for inspection by any member of the public during official working hours. Section 7(2) The register shall be updated regularly and shall be maintained for the duration of the licence. Section 7(3)(a) registered subsistence fishers; and Section 7(3)(b) daily landing for all subsistence fishers.

Section 8. Qualification for subsistence, artisanal and ornamental fishing Section 8(1)(a) is citizen of Kenya; Section 8(1)(b) is a member of a beach management unit; and Section 8(1)(c) is a holder of valid fisher registration certificate issued by the respective county government. Section 8(2)(a) is a citizen of Kenya; Section 8(2)(b) is a member of a beach management unit; and Section 8(2)(c) is a holder of a valid fishing licence issued by the Director-General.

Section 9. Conditions for subsistence fishing Section 9(1)(a) be a member of a beach management unit; Section 9(1)(b) use a hook and line, a trap or foot fishing; Section 9(1)(c) report all catch data at a designated landing station; and Section 9(1)(d) not engage in commercial fishing or commercial fish trade activities. Section 9(2) Any person who contravenes the provisions of this regulation shall, on conviction, be liable to the penalties provided under section 24(5) of the Statutory Instruments Act ( Cap 2A ).

Section 10. Conditions for artisanal and ornamental fishing Section 10(1)(a) be a member of a beach management unit; Section 10(1)(b) use a recommended fishing method and gear; Section 10(1)(c) comply with section 103 of the Act; Section 10(1)(d) be a holder of a valid licence for artisanal fishing vessel issued under section 84 (1) (c) of the Act; and Section 10(1)(e) report all catch data at a designated landing station; Section 10(2) Any person who contravenes the provisions of this regulation shall, on conviction, be liable to the penalties provided under section 24(5) of the Statutory Instruments Act ( Cap 2A ).

Section 11. Conditions for issuance of licences and authorizations Section A licence or authorization shall be issued and renewed in accordance with the provisions of section 87 of the Act.

Section 12. Requirements for rejection of licences and authorizations Section A licence or authorization shall be rejected in accordance with the provisions of section 88 of the Act.

Section 13. Suspension or cancellation of a licence Section A licence or authorization shall be suspended or cancelled in accordance with the provisions of section 94 of the Act.

Section 14. Termination of licences and authorizations Section A licence or authorization shall be terminated in accordance with the provisions of section 95 of the Act.

Section 15. Qualifications for semi-industrial fishing and industrial fishing Section 15(1)(a) is a citizen of Kenya or is a company incorporated in Kenya; and Section 15(1)(b) meets the conditions for semi-industrial and industrial fishing set out in section 98 of the Act. Section 15(2)(a) landing, storage and arrangements for value addition in Kenya; Section 15(2)(b) skills transfer, training opportunities and preference for employment of citizens of Kenyans in accordance with the provisions of section 91 (1) of the Act; and Section 15(2)(c) ensuring compliance with fisheries management and conservation measures as provided for in relevant laws.

Section 16. Qualifications for a foreign industrial fisher Section 16(1)(a) is a registered foreign company; Section 16(1)(b) access to a fishing vessel or vessels and other relevant fishing equipment; and Section 16(1)(b)(i) access to a fishing vessel or vessels and other relevant fishing equipment; and Section 16(1)(b)(ii) human resource capacity to fulfil fishing obligations for the intended fishing licence; and Section 16(1)(c) upon issuance of a fishing licence, registers a company in accordance with the Companies Act ( Cap 486 ), before commencing fishing; Section 16(2)(a) landing, storage and arrangements for value addition in Kenya; Section 16(2)(b) skills transfer, training opportunities and preference for employment of citizens of Kenya; Section 16(2)(c) ensure compliance to fisheries management and conservation measures as provided for in relevant laws.

Section 17. Obligations to landing Section land all or part of the fish at a designated fish landing station or fish landing port in accordance with section 99(1)(k) and 101(1)(d) of the Act; and

Section 18. Duty of an authorized officer Section keep a record of the fish including the weight, name of the species and size; and

Section 19. Application for transshipment Section 19(1) Pursuant to the provisions of section 107 of the Act, a person may make an application for transshipment to the Director-General in Form 3 set out in the First Schedule. Section 19(2) Upon receipt of the application under subregulation (1) , the Director-General shall consider the application and may prepare an authorization to transship in Form 4 set out in the First Schedule and recommend to the Cabinet Secretary for endorsement. Section 19(3)(a) live fish trade; and Section 19(3)(b) sashimi grade tuna: Section 19(4) Where transhipment is authorized, the provisions of section 99(1)(k) of the Act shall apply. Section 19(5) This regulation shall not apply to fishing vessels not licensed to fish in Kenya Marine fishery waters.

Section 20. Exemption to transhipment Section 20(1) The owner or operator of a fishing vessel in Kenya marine fishery waters shall not transfer any fish from one vessel to another unless the vessel is in distress and such transfer is authorized and supervised by an authorized officer. Section 20(2) Any person who intentionally tranships in the Kenya marine fishery waters, without authorization and supervision by an authorized officer commits an offence and shall, on conviction, be liable to a penalty provided for under section 107(8) of the Act.

Section 21. Application for authorization to fish in the high seas Section 21(1) The operator of a Kenyan fishing vessel who intends to carry out fishing in the high seas shall apply for a written authorization to fish to the Director-General in Form 5 set out in the First Schedule. Section 21(2) Any fish caught pursuant to subregulation (1) shall be landed in accordance with the landing obligations provided in regulation 17 . Section 21(3) The Director-General shall consider the application in subregulation (1) within seven days and may issue the applicant with a certificate of authorization to carry out fishing in Form 6 set out in the First Schedule.

Section 22. Refusal to grant or renew authorization to fish in the high seas Section the fishing vessel is on the illegal, unreported and unregulated fishing list maintained by a regional fisheries management organization; or

Section 23. Authority to enter or exit Kenya marine fishery waters Section 23(1) Any operator of a fishing vessel wishing to enter or exit Kenya marine fishery waters shall notify the Director-General within twenty-four hours before such entry or exit. Section 23(2)(a) the data on the catch on board the vessel; Section 23(2)(b) the co-ordinates at which the vessel intends to exit or enter; Section 23(2)(c) the expected time of entry or exit; and Section 23(2)(d) where applicable, the name of the observer on board appointed in accordance with the Act. Section 23(3) The Director-General may direct an authorized officer to inspect all catch on board any vessel intending to enter or exit Kenya marine fishery waters.

Section 24. Conditions for authorization to fish in the high seas Section not use the fishing vessel to engage in any fishing activity which undermines international fishing conservation and management measures;

Section 25. Registration and placement of identification marks on fishing vessels Section 25(1) A licensed fisher shall apply to the Director-General for registration of a fishing vessel, whether local or foreign flagged in Form 7 set out in the First Schedule. Section 25(2) The Director-General shall evaluate the application in subregulation (1) and make a recommendation to the Board for approval. Section 25(3) Where the Board approves the application, the Director-General shall issue a fishing vessel registration certificate in Form 8 set out in the First Schedule and allot an identification mark which shall be embossed on the fishing vessel in accordance with the Third Schedule.

Section 26. Application for licensing of fishing vessels Section 26(1) A person shall apply for a fishing vessel licence to the Director-General in Form 9 set out in the First Schedule. Section 26(2) The Director-General shall evaluate the application under subregulation (1) and make a recommendation to the Board for approval. Section 26(3) Where the Board approves the application, the Director-General shall prepare a fishing vessel licence to be endorsed by the Cabinet Secretary in Form 10 set out in the First Schedule. Section 26(4) The Director-General shall, after the endorsement by the Cabinet Secretary, issue a fishing vessel licence.

Section 27. Fees Section 27(1) All fees, levies and charges payable under these Regulations shall be as prescribed in the Second Schedule. Section 27(2) All fees, levies and charges payable under subregulation (1) shall be paid into the Consolidated Fund. Section 27(3) The Cabinet Secretary may review levies and landed values payable from time to time.

Section 28. Bycatch levies Section 28(1) Every fisher shall ensure that any bycatch caught in the course of fishing in Kenya’s marine fishery waters shall not exceed two percent of the total landings. Section 28(2) Bycatch in excess of twenty percent of the total landings shall be charged a levy of fifteen percent of the landed value.

Section 29. Discards Section 29(1)(a) not discard fish during fishing operations except where the fishing vessel is in distress; and Section 29(1)(b) retain on board the vessel, all fish caught and land the fish at a designated fish landing station. Section 29(2)(a) notify the search and rescue center of such distress; and Section 29(2)(b) make a report to the Director-General of such discard as soon as practicable. Section 29(3) Upon notification under subregulation (2) , the Director-General shall prepare and share the incidence report with other relevant agencies for appropriate action.

Section 30. Prawn trawl and ring net fishing Section 30(1) A person shall not use trawl nets or ring nets within five nautical miles off the coastline of the Republic of Kenya. Section 30(2) A person who contravenes this regulation commits an offence and shall, on conviction, be liable to a penalty provided under section 42 (7) of the Act.

Section 31. Requirements of a fishing logbook Section 31(1) The owner or operator of any fishing vessel shall maintain in English or Kiswahili language, a bound fishing logbook. Section 31(2) A fishing logbook shall be kept in a place where it is protected from damage and where it is readily available for inspection at any time upon the request of an authorized officer. Section 31(3) A fishing logbook shall be filled in a legible manner, in block capitals and shall be signed by the master of the vessel. Section 31(4) The master shall be responsible for the accuracy of the data recorded in the fishing logbook. Section 31(5) The master of a Kenyan fishing vessel shall, upon returning from each fishing trip, cause every consignment caught to be inspected, weighed, and the sizes and species verified and recorded by a fisheries officer. Section 31(6) A master of a fishing vessel operating in Kenya fishery waters shall, upon returning from each fishing trip, after completion of the landing of the fish, hand over the original of the fishing logbook to the Director-General before leaving the fish landing point. Section 31(7) A person who owns or operates a fishing vessel and knowingly fail...