Fisheries Management and Development Act, 2016 🇰🇪

Kenya

Preface

Part I – PRELIMINARY

1. Citation and commencement

2. Interpretation

3. Jurisdiction and sovereign rights of Kenya

4. Application

5. Objective and guiding principles

Part II – THE KENYA FISHERIES ADVISORY COUNCIL

6. Establishment of the Kenya Fisheries Council

Part III – THE KENYA FISHERIES SERVICE

7. Establishment and status

8. Headquarters

9. Functions of Service

10. Establishment, functions, powers and duties of the Board of Directors

11. Membership of the Board

+10 more sections

Part IV – FINANCIAL AND ADMINISTRATIVE PROVISIONS

22. Funds of the Service

23. Financial Year

24. Annual estimates

25. Accounts and audit

26. Director-General to report to the Board

+2 more sections

Part V – FISHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT

29. Fisheries vest in the State

30. Fisheries development measures

31. Notification by the Director-General

32. Implementation of international conservation and management measures

33. Director-General to keep Counties informed of management measures, processes

+20 more sections

Part VI – IMPORT, EXPORT AND TRADE AND MARKETING OF FISH AND FISH PRODUCTS

54. Import and release of live fish

55. Export of live fish

56. Possession and trade in fish, fish product or other marine resources prohibited

57. Promotion of fish production and marketing

Part VII – FISH QUALITY AND SAFETY

58. Competent authority

59. Harmonization of fish safety and quality standards

60. Sale, export of adulterated or contaminated fish, or fish products prohibited

Part VIII – AQUACULTURE

61. Aquaculture activities requirements

62. Aquaculture development plan

63. Collaboration with Counties

64. Prohibited to deprive community of traditional access to fisheries

65. County' s responsibility to monitor non-commercial aquaculture activities

+9 more sections

Part IX – INFORMATION, DATA AND RECORDS

75. Information, data and records

76. Ownership of information

77. Information in partnership agreements between vessel agents and vessel owners

78. Information on labels of containers, etc. containing fish harvested in Kenya fishery waters

79. Information to be true, complete and correct

+4 more sections

Part X – LICENSING AND REGISTRATION

84. Licences and authorizations required

85. Subsistence exemption from licence requirements

86. Grant, renewal and issuance of licences and authorizations

87. Standards for approval, renewal and issuance of licences and authorizations

88. Requirements for denial of licences and authorizations

+35 more sections

Part XI – COMPLIANCE WITH, LICENCES, AUTHORIZATIONS AND REQUIREMENTS FOR FISHING VESSELS

124. Unlicensed activities prohibited

125. Foreign fishing vessels

126. Stowage of fishing gear

127. Transhipment at sea prohibited

Part XII – REQUIREMENTS FOR FOREIGN FISHING VESSELS OR VESSELS FISHING UNDER CHARTER ARRANGEMENTS

128. Fisheries access

129. Fisheries access requirements

130. Fisheries access review

131. Requirements for joint venture and charter agreements, rights and vessel licensing for foreign fishing vessels.

132. Agents or companies to designated for purposes of legal process, information

+3 more sections

Part XIII – MONITORING, CONTROL AND SURVEILLANCE

136. Authority and general powers of authorized officers

137. Identification of authorized officers

138. Declaration of boarding and inspection

139. Powers of hot pursuit

140. Powers of entry and search of authorized officers

+21 more sections

Part XIV – REQUIREMENTS FOR ARRESTED PERSONS AND SEIZED ITEMS

162. Arrest or detention and release of foreign fishing vessels, crew members

163. Prompt judicial or administrative proceedings for arrested persons

164. Conditions for bail

165. Delivery and notice for seized items

166. Disposal of perishable items

+6 more sections

Part XV – EVIDENCE

173. Certificate evidence

174. Validity and procedure for certificate

175. Certificate as to the location of a vessel

176. Electronic location device

177. Photographic evidence

+4 more sections

Part XVI – SUMMARY ADMINISTRATIVE PROCEEDINGS

182. Decision to proceed administratively

183. Summary administrative proceedings

Part XVII – JURISDICTION, PROSECUTION, FORFEITURE, LIABILITIES AND OTHER ACTIONS

184. Jurisdiction of the Court

185. Conduct of prosecutions

186. Forfeiture

187. Disposition of forfeited property

188. Deprivation of monetary benefits

+9 more sections

Part XVIII – ESTABLISHMENT OF FISH MARKETING AUTHORITY

198. Establishment of Fish Marketing Authority

199. Objects and purpose

200. Functions of the Fish Marketing Authority

201. Board of Directors

202. Tenure of office and vacation of office

+5 more sections

Part XIX – MISCELLANEOUS

208. Regulations

209. Suprecession

Part XX – REPEALS AND TRANSITIONAL

210. Repeals and transitional provisions

211. Consequential amendments to other Acts

FIRST SCHEDULE

Part A – FISHERIES OFFICERS

Part D – INTER-AGENCIES MCS UNITS (s21)

SECOND SCHEDULE

1. Indian Ocean

THIRD SCHEDULE

Subsection (1)

Subsection (2)

Subsection (3)

Subsection (4)

Subsection (5)

+4 more sections

FOURTH SCHEDULE

1. Amendment to act No. 13 of 2013

2. Amendment to Act No. 17 of 2013

REPUBLIC OF KENYA

Fisheries Management and Development Act, 2016

Act 35 of 2016

Assented to on 3 September 2016
Commenced on 23 September 2016
[This is the version of this document from 23 September 2016.]

AN ACT of Parliament to provide for the conservation, management and development of fisheries and other aquatic resources to enhance the livelihood of communities dependent on fishing and to establish the

Part I – PRELIMINARY

1. Citation and commencement

This Act may be cited as the Fisheries Management and Development Act, 2016 and shall come into force on the fourteenth day after publication in the Gazette.

2. Interpretation

In this Act, unless the context otherwise requires—"access agreement or arrangement" means any agreement or arrangement entered into pursuant to section 128;"Act" includes regulations or other forms of subsidiary legislation made hereunder;"agent" means any person or unit appointed by the Board or Director-General to execute designated functions under this Act, or such o…

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Fisheries Management and Development Act, 2016 🇰🇪

Table of Contents

REPUBLIC OF KENYA

Fisheries Management and Development Act, 2016

Act 35 of 2016

Part I – PRELIMINARY

1. Citation and commencement

2. Interpretation

Read the Full Legislation on judy.legal