Fisheries Management and Development (General) Regulations, 2024

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 124 of 2024
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

Applications for licences, permits, authorizations or certificates of registration must be made in accordance with sections 84 and 89 of the Act and the relevant Regulations; such applications may be denied in accordance with sections 86 and 88 of the Act. The Director-General may impose conditions on any licence, permit, authorization or registration certificate issued under section 90 of the Act, including detailed measures about fish stock, fishing methods, disposal, movement, storage, marketing, hygiene and health of facilities, handling, culture and recreational vessels. The Director-General or County Executive Committee Member may modify licences, permits, authorizations or registration certificates for proper fishery management; they must inform the licensee of the modification, and the licensee must deliver the instrument to a licensing officer for endorsement within fifteen days of written notice. If the Cabinet Secretary, Director-General or County Executive Committee Member has suspended, cancelled or revoked a licence under sub-regulation (1), they must repossess the instrument from the holder; if satisfied the suspension grounds no longer apply they may authorize returning it to the licensee. An application for a licence may be rejected if the applicant has not met the requirements under section 88 of the Act.

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Provisions of Fisheries Management and Development (General) Regulations, 2024

Showing 9 of 9

Part II

LICENSING AND AUTHORIZATION

3
LICENSING AND AUTHORIZATION - 3. Application, grant and denial

AI-assisted research summary: Applications for licences, permits, authorizations or certificates of registration must be made in accordance with sections 84 and 89 of the Act and the relevant Regulations; such applications may be denied in accordance with sections 86 and 88 of the Act.

Section 3. Application, grant and denial Section 3(1) An application for a licence, permit, authorization or certificate of registration shall be made in accordance with sections 84 and 89 of the Act and the respective Regulations relating to the type of licence, permit, authorization or registration. Section 3(2) An application for licence, permit, authorization or registration certificate may be denied in accordance with sections 86 and 88 of the Act.
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LICENSING AND AUTHORIZATION - 4. Power to impose conditions

AI-assisted research summary: The Director-General may impose conditions on any licence, permit, authorization or registration certificate issued under section 90 of the Act, including detailed measures about fish stock, fishing methods, disposal, movement, storage, marketing, hygiene and health of facilities, handling, culture and recreational vessels.

Section 4. Power to impose conditions Section 4(1) The Director-General may impose conditions on any licence, permit, authorization or registration certificate issued pursuant to section 90 of the Act. Section 4(2)(a) the stock, size, sex, weight and quantities of fish to be harvested or any matter relating thereto; or Section 4(2)(b) the methods used for the fishing and disposal of fish or particular species of fish and the use of any equipment, appliance, instrument, net and fishing weir. Section 4(3)(a) the methods used in disposal of fish; Section 4(3)(b) conditions for fresh fish movement, storage and marketing; Section 4(3)(c) general hygiene conditions of fish landing stations, auction, wholesale and retail markets; Section 4(3)(d) general health conditions for fish processing facilities; Section 4(3)(e) conditions for handling fish and fish products on-shore; Section 4(3)(f) conditions for culture and placing on the market of fish culture products; or Section 4(3)(g) recreational fishing vessels
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LICENSING AND AUTHORIZATION - 5. Power to modify

AI-assisted research summary: The Director-General or County Executive Committee Member may modify licences, permits, authorizations or registration certificates for proper fishery management; they must inform the licensee of the modification, and the licensee must deliver the instrument to a licensing officer for endorsement within fifteen days of written notice.

Section 5. Power to modify Section 5(1) Pursuant to section 90 of the Act the Director-General or the County Executive Committee Member, as the case may be, may modify a licence, permit, authorization or certificate of registration if he determines that such modification is for the proper management of a fishery, and shall accordingly inform the licensee or holder of the permit or certificate, of such modification. Section 5(2) Where the Director-General or the County Executive Committee Member modifies a licence, permit, authorization or certificate of registration, the licensee shall, within fifteen days after delivery of a written notice of modification, deliver the instrument to a licensing officer for endorsement. Section 5(3) Upon endorsement of the instrument under sub-regulation (2) , it shall be returned to the licensee. Section 5(4) Where a licensee does not deliver the licence for endorsement under sub-regulation (2) for modification, such licence, permit, authorization or certificate of registration shall be deemed to have been revoked.
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LICENSING AND AUTHORIZATION - 6. Power to suspend or cancel

AI-assisted research summary: If the Cabinet Secretary, Director-General or County Executive Committee Member has suspended, cancelled or revoked a licence under sub-regulation (1), they must repossess the instrument from the holder; if satisfied the suspension grounds no longer apply they may authorize returning it to the licensee.

Section 6. Power to suspend or cancel Section 6(1)(a) such a suspension, cancellation or revocation is necessary or expedient for the proper management of trade, or fishing industry for such a period as he deems fit in the whole or in specified parts of the country; or Section 6(1)(b) the licences, permit, authorization or certificate of registration has been used in contravention of any regulation or any conditions therein. Section 6(2) Where the Cabinet Secretary, the Director-General or the County Executive Committee Member has suspended, cancelled or revoked a licence, permit, authorization or certificate of registration under sub-regulation (1) , the Cabinet Secretary the Director-General or the County Executive Committee Member shall repossess the instrument from the holder. Section 6(3) Where the instrument is repossessed under sub-regulation (2) on grounds of suspension, the Cabinet Secretary, the Director General or the County Executive Committee Member, if satisfied that the circumstances causing suspension no longer apply, may authorise that the instrument be returned to the licensee.
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LICENSING AND AUTHORIZATION - 7. Grounds for denial of a licence

AI-assisted research summary: An application for a licence may be rejected if the applicant has not met the requirements under section 88 of the Act.

Section 7. Grounds for denial of a licence Section Unless otherwise provided, an application for a licence under the Act may be rejected where an applicant has not met requirements under section 88 of the Act.

Part III

GENERAL PROVISIONS

10
GENERAL PROVISIONS - 10. Revocation of L.N. No. 60 of 2024

AI-assisted research summary: Section 10(1) revokes the Fisheries (General) Regulations, 2024; subsection (2) contains deeming and continuation rules for measures, proceedings, licences, administrative actions, disciplinary and appeal processes, and proceedings under powers from the revoked Regulations.

Section 10. Revocation of L.N. No. 60 of 2024 Section 10(1) The Fisheries (General) Regulations, 2024 are revoked. Section 10(2)(a) all fisheries management measures instituted in terms of the revoked Regulations shall be deemed to be fisheries management measures under these Regulations; Section 10(2)(b) any proceedings taken by the Director of fisheries in the performance of the functions under the revoked Regulations shall be deemed to be proceedings under these Regulations; Section 10(2)(c) a licence, certificate or permit issued under the revoked Regulations shall be deemed to be a licence, certificate or permit under these Regulations; Section 10(2)(d) any administrative direction, investigation or inquiry instituted in terms of the revoked Regulations which was pending before the commencement of these Regulations shall be continued or disposed of as if instituted under these Regulations; Section 10(2)(e) all disciplinary proceedings which immediately before the commencement of these Regulations were pending shall be continued or concluded as if instituted under these Regulations; Section 10(2)(f) all appeal processes, which immediately before the commencement of these Regulations were pending, shall proceed as if instituted under these Regulations; and Section 10(2)(g) any proceeding taken in exercise of any of the powers under the revoked Regulations shall be deemed to be proceedings under these Regulations.
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GENERAL PROVISIONS - 11. Fish landing

AI-assisted research summary: Persons other than sport fishermen must not land fish except at designated fish landing stations; contravention carries the penalty under section 50(4) of the Act.

Section 11. Fish landing Section 11(1) Pursuant to section 50 of the Act and for the purpose of orderly landing and recording of fish catches, no person other than a sport fisherman shall land any fish at any point except at a designated fish landing station Section 11(2) A person who contravenes the provisions of sub-regulation (1) shall, on conviction, be liable to the penalty provided for under section 50 (4) of the Act. Section 11(3) The fish landing stations shall be as set out in the Schedule.
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GENERAL PROVISIONS - 8. Revocation and conditions for validity

AI-assisted research summary: Convicted persons are disqualified for two years from holding relevant licences; surrendered cancelled instruments must be given up within 14 days; the Director-General must record surrender.

Section 8. Revocation and conditions for validity Section 8(1) Unless the Cabinet Secretary, the Director-General or County Executive Committee Member in writing otherwise directs, any person convicted of an offence under the Act or these Regulations shall stand disqualified from holding a licence, permit, authorization or certificate of registration related to the provisions under which he has been convicted for a period of two years from the date of conviction. Section 8(2) The holder of any licence, permit, authorization or certificate of registration which is cancelled pursuant to regulation (1) shall, within fourteen days from the date of conviction, surrender the licence, permit, authorization or certificate of registration or any document evidencing permission or authority to engage in business for which authority is required under the Act or these Regulations. Section 8(3) The Director-General shall record the surrender of the instrument in the appropriate register.
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GENERAL PROVISIONS - 9. Appeals

AI-assisted research summary: An aggrieved person may appeal in writing to the Board and may further appeal to the Cabinet Secretary within thirty days of communication; appeals must meet specified lodging and content requirements and the Cabinet Secretary must give a written decision copied to the Director-General or County Executive Committee Member.

Section 9. Appeals Section 9(1)(a) the refusal of the Director-General or County Executive Committee Member to issue a licence, permit, authorization or certificate of registration to him; Section 9(1)(b) the suspension, cancellation or revocation of a licence, permit, authorization or certificate of registration by the Director-General or County Executive Committee Member; or Section 9(1)(c) any condition or restriction attached or imposed on a licence, permit, authorization or certificate of registration, may, within thirty days of communication to the aggrieved person of such refusal, suspension, revocation, cancellation, condition or restriction, appeal in writing to the Board and may further appeal to the Cabinet Secretary. Section 9(2)(a) be in duplicate; Section 9(2)(b) adequately describe the matter to which the appeal relates; Section 9(2)(c) concisely state the grounds of the appeal; and Section 9(2)(d) be lodged with the Cabinet Secretary and a duplicate copy forwarded to the Director-General or the County Executive Committee Member. Section 9(3) The decision of the Cabinet Secretary in an appeal shall be in writing to the appellant and copied to the Director-General or the County Executive Committee Member.

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