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

AI-assisted research summary: These Regulations may be cited as the Fisheries (Beach Management Units) Regulations, 2024.

AI-assisted research summary: Provides definitions for terms used in these Regulations, including "Act", "assembly", "authorized fisheries officer", "beach", "beach management unit", "Director-General", and "sustainable fishing".

AI-assisted research summary: Section 10 lists specific entries required in the register of beach management units and states that an electronic and manual register shall be maintained for public examination.

AI-assisted research summary: This section requires county and national fisheries authorities and beach management units to designate co-management areas and organize patrol responsibilities through consultative processes and collaboration.

AI-assisted research summary: The county executive committee member must develop a co-management plan (in consultation with the Director-General and relevant beach management units) when a co-management area is designated, and transmit it to the Director-General for approval within fourteen days; the county director of fisheries and the beach management unit executive committee must supervise and periodically review implementation; the county director of fisheries may serve a show-cause notice and non-compliance can lead to suspension, with decisions to be approved or varied within fourteen days.

AI-assisted research summary: A beach management unit must apply laws to protect the aquatic environment in its co-management area and must cooperate with responsible authorities.

AI-assisted research summary: A county executive committee member may establish a beach management unit for a designated fish landing station in accordance with regulation 7.

AI-assisted research summary: Objective: strengthen the management of fish landing stations, fishery resources and the aquatic environment.

AI-assisted research summary: A beach management unit must ensure the orderly, safe and effective use, management and operation of its fish landing station and perform functions including data submission, hygiene, security, maintenance, marketing, member training, vessel seaworthiness monitoring, safety compliance, rescue coordination, legal compliance for small-scale fishing, and supporting fishers' welfare groups.

AI-assisted research summary: The unit may erect structures or buildings necessary for its functions, with the written permission of the county executive committee member.

AI-assisted research summary: Sets out the steps and authorities for registering a beach management unit: applicants must apply through the county director of fisheries to the county executive committee member; the county executive committee member shall cause a survey and boundary delineation; the county director of fisheries shall publicize and list prospective members and organize elections; the county executive committee member may approve and, on approval, establish the BMU and issue a certificate.

AI-assisted research summary: Beach management units must delineate and assign landing/selling areas for fish, exercise jurisdiction fairly and non-discriminatorily, and display a prominent notice identifying the unit by name.

AI-assisted research summary: Lists the information required relating to a beach management unit: (a) a description and geo-referenced plan of the beach and any area for landing/selling fish; (b) specific activities permissible at its beach by its members or members of other units under any co-management plan; (c) activities at the fish landing station under its jurisdiction reserved for its members; (d) membership categories; (e) movement of members between units; and (f) nomination of members to the unit's administrative structures.

AI-assisted research summary: Section 14 is titled "Administrative structure" and mentions "the assembly".

AI-assisted research summary: The assembly of a beach management unit must consist of all registered members.

AI-assisted research summary: The assembly must approve budgets and work-plans, adopt annual reports and accounts, approve member fees, oversee subcommittee elections, remove executive committee members when necessary, and ensure sustainable fishing; a beach management unit assembly must not interfere with economic relationships between members in different categories.

AI-assisted research summary: Section 17 defines the Executive Committee membership (chairperson, vice chairperson, secretary, deputy secretary, treasurer, committee members), prescribes representation percentages for categories (30% boat owners, 30% crew members, 30% traders, 10% others) and sets representational objectives including equal opportunities for youth, persons with disabilities and marginalized communities and a gender requirement that not more than two‑thirds of members be of the same gender.

AI-assisted research summary: The executive committee must supervise the general management of the activities of a beach management unit.

AI-assisted research summary: Section 19 establishes four named sub-committees and sets nomination, election, and ex-officio membership rules for those sub-committees.

AI-assisted research summary: Beach management units may hire staff as needed within their approved budget; employees are not allowed to run for elective office in their unit.

AI-assisted research summary: The chairperson must chair assembly and executive committee meetings, act as the unit’s official spokesperson with third parties, be a signatory on the unit’s fiduciary account, ensure timely submission of committee data, information and financial reports to the assembly and county director of fisheries, undertake other tasks specified in the Regulations, and the chairperson’s powers are limited to their area of jurisdiction as guided by the county executive committee member.

AI-assisted research summary: The secretary must convene meetings of the executive committee in consultation with the chairperson.

AI-assisted research summary: The treasurer must prepare and make payments authorized by the executive committee.

AI-assisted research summary: Persons may not be members of more than one beach management unit; bodies corporate meeting certain requirements may apply in writing to be members; co-owners of a jointly owned fishing vessel must decide among themselves who will represent them as a member and notify the executive committee.

AI-assisted research summary: Section 25 lists categories of members (boat owners; crew members; fish traders; foot fishers) and states that suspension or revocation of a licence suspends or revokes the person’s right to membership in the beach management unit.

AI-assisted research summary: Sets the process for joining a beach management unit: applicants must apply in writing to the executive committee for vetting; the executive committee and assembly consider applications; the executive committee forwards accepted applications to the county director of fisheries who may approve (add to register and allocate number) or reject (informing reasons); aggrieved persons may appeal; the county director must not issue a licence for a beach unless the person is a member of the relevant unit.

AI-assisted research summary: Members may resign by written notice; members can be expelled for specified grounds; expulsion must be approved by a simple majority of the assembly; expelled persons cannot be readmitted for two years; certain officials must cancel licences on expulsion; aggrieved persons may appeal within fourteen days.

AI-assisted research summary: Members of a beach management unit are entitled to participate in decision-making, vote, contest positions (if not in arrears), receive services (subject to conditions), and inspect the unit's books and records.

AI-assisted research summary: County executive committee members must establish beach management unit networks at ward, sub-county and county levels; the Director-General must establish networks at water body and national levels in consultation with the respective county executive committee member; authorized fisheries officers must preside over elections; the county executive committee member or Director-General must approve and issue a Form BMU/F5 certificate when satisfied with documentation.

AI-assisted research summary: Beach management unit networks are responsible to specified authorities for orderly, safe and effective management of their administrative area and must carry out a list of functions including advocacy, codes of practice, support to eliminate illegal fishing, representation, fund mobilization, conflict resolution, co-management planning and partnership building.

AI-assisted research summary: Where a ward has two or more Beach Management Units, each unit's chairperson plus one nominated executive committee member must form a ward Beach Management Unit network committee, and the ward network's chairperson plus one nominated executive committee member must represent the ward network at the sub-county beach management unit network committee.

AI-assisted research summary: When a sub-county contains two or more ward beach management units, the chairperson and one nominated executive committee member from each ward shall constitute a sub-county beach management unit network committee.

AI-assisted research summary: If a county has two or more sub-county beach management units, the chairperson and one nominated member of the executive committee from each sub-county beach management unit network must form a county beach management unit network committee.

AI-assisted research summary: If two or more county beach management units are within the same water body, the chairperson and one nominated executive committee member from each unit must form a water body beach management unit network committee.

AI-assisted research summary: The chairperson and one nominated member of the executive committee must represent each water body beach management unit network committee at the national beach management unit network committee.

AI-assisted research summary: 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.

AI-assisted research summary: Beach management unit networks must establish network sub-committees in their standard operating procedures; the committee must select sub-committee members to head sub-committees; the network chairperson must be an ex‑officio member of the sub-committee.

AI-assisted research summary: Members of beach management unit networks at sub-county, county, water body and national levels may qualify to be appointed to their respective network sub-committee if they meet the requirements in regulation 30.

AI-assisted research summary: Voting at an election of a member of a network sub-committee at any level must be by secret ballot.

AI-assisted research summary: Section shall hold office for an initial term of four years.

AI-assisted research summary: Members elected to a higher-level network leadership must keep their beach leadership and one other level; those elected at a higher level forfeit lower-level positions.

AI-assisted research summary: Sets meeting frequencies and participation rules for beach management unit network committees at various levels, allows chairpersons to call additional meetings, grants attendance rights to county directors of fisheries without voting rights, and authorizes county directors or the Director-General to convene meetings when networks fail to meet.

AI-assisted research summary: A network committee meeting at sub-county, county or water body level requires a quorum of at least half of the members.

AI-assisted research summary: Network committee decisions must be made by consensus; if consensus fails, members may vote with each member having one vote.

AI-assisted research summary: Mentions contributions from member beach management units.

AI-assisted research summary: Section 69. Records Section an electronic and manual register of members;

AI-assisted research summary: General: election of representatives of the constituent colleges

AI-assisted research summary: Sets the eligibility and nomination requirements for members of a beach management unit who wish to contest executive committee elections, including application form, identity, membership duration, good conduct, literacy and education qualifications, and proposer/seconding rules.

AI-assisted research summary: Requires the presiding officer to announce the campaign start at least seven days before the election; requires secret-ballot voting for executive committee elections; requires the presiding officer to submit results using Form BMU/F4 to the county director of fisheries; requires the county director to issue an authority card after officials are elected.

AI-assisted research summary: New members who join the beach management unit during an election year, and members who have not renewed for more than three consecutive years but renew in an election year (treated as new members), are not eligible to vote in that year.

AI-assisted research summary: Members of the executive committee serve four-year terms and may be re-appointed for one further four-year term.

AI-assisted research summary: Requires the assembly to meet at least three times a year; gives the executive committee authority to convene meetings on written request of at least one tenth of members; sets who chairs the assembly; allows the county director of fisheries (or delegate) to attend meetings.

AI-assisted research summary: The quorum for a meeting of an assembly must be half of the total number of members of the assembly.

AI-assisted research summary: Decisions of an assembly are made by simple majority; voting is by consensus or secret ballot.

AI-assisted research summary: The executive committee must meet at least once a month; the quorum is two thirds of members; the chairperson may convene special meetings on written request of at least one third of members; the county director of fisheries or a nominated person may attend meetings.

AI-assisted research summary: The executive committee must make decisions by consensus; if consensus fails decisions are by simple majority and each member has one vote.

AI-assisted research summary: Rules for dismissal of beach management unit members: grounds are listed; the assembly decides by secret ballot simple majority with county director confirmation; appeals to the county executive committee member within 14 days; further appeal under section 97; interim appointments and elections within 90 days; dissolution if over two‑thirds dismissed.

AI-assisted research summary: The county director of fisheries may suspend executive committees, members or sub-committees for prohibited fishing practices; the director must notify affected parties in writing and may appoint interim committees. Aggrieved persons may appeal to the county executive committee member within fourteen days; that member shall determine and may confirm, vary or reverse the suspension. Dismissed persons must return authority cards.

AI-assisted research summary: The county director of fisheries must support beach management units and perform listed support activities.

AI-assisted research summary: The county director of fisheries must supervise beach management units' technical, legal and financial performance.

AI-assisted research summary: Section 43 lets the county director of fisheries inspect beach management unit accounts and, on finding malpractice or contravention, require the executive committee to convene the assembly, suspend the executive committee if the assembly is not convened, and appoint an interim committee; an aggrieved person may appeal in writing within fourteen days.

AI-assisted research summary: When a beach management unit is dissolved it must be wound up in accordance with the applicable rules.

AI-assisted research summary: Establishes a reserve fund to cover the costs of unforeseen events.

AI-assisted research summary: Section 46: revenue and fees collected for services rendered by the beach management unit.

AI-assisted research summary: A beach management unit may impose a charge for proper management of the beach management unit, but only with the prior written approval of the county director of fisheries and the assembly.

AI-assisted research summary: Requires an electronic and manual register of members containing each member's name, address and membership category, reviewed and updated every three months.

AI-assisted research summary: Records: the minutes of the assembly.

AI-assisted research summary: A beach management unit must open bank accounts in banks licensed by the Central Bank of Kenya for its finances as necessary for proper financial management.

AI-assisted research summary: Beach management units must keep full accounts, prepare annual financial statements in the form specified by the county director of fisheries, have those accounts audited annually by county government accountants, the assembly must adopt the statements on the executive committee's proposal, and the executive committee must file audited returns and a copy of the statements with the county director within one hundred and twenty days after the financial year.

AI-assisted research summary: A person is liable to a fine not exceeding twenty thousand shillings or to imprisonment not exceeding six months, or to both.

AI-assisted research summary: Obstruction: specified acts of obstructing executive committee or sub‑committee members, refusing to provide requested information or documents, or interfering with investigations are covered; contravening persons are liable on conviction to the penalty prescribed under section 39(10) of the Act.

AI-assisted research summary: No person shall falsify or unlawfully alter, destroy, erase or obliterate any declaration, certificate, identification label, any other document made, or assets issued under these Regulations.

AI-assisted research summary: The Fisheries (Beach Management Unit) Regulations (L.N. No. 55 of 2024) are revoked.

AI-assisted research summary: Section 74. Savings and transition Section the beach management units established in accordance with the Fisheries (Beach Management Unit) Regulations, 2024 shall, at the commencement of these Regulations, be deemed to be beach management units under these Regulations;