Lake Naivasha Fish Protection Rules (G.N. No. 714 of 1939)

LAKE NAIVASHA FISH PROTECTION 1. These rules may be cited as the Lake Naivasha Fish Protection Rules, and shall apply to Lake Naivasha. 2. In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respect ively assigned to them "the Lake" means Lake Naivasha; "a tilapia net" means a net (a) composed of flax thread which is not thicket than that known as No. 30/3 ply; (b) so constructed that the strands of the thread are not liable to come apart in use; (c) the mesh of which is not less than five inches, which shall mean a mesh when wet of not less dimensions than two and a half inches in extension from knot • Under the Fish Protection Ordinance (Cap. 163 of the 19:6 Edition of the Laws) repealed by the present Ordinance. 2973 G.N. 714 of 1939. 2974 CAP, 217J Fish Protection Cop. 219. to knot (the measurement to be made on each side of the square) or ten inches measured round each mesh: Provided that for the purposes of these rules, a tilapia net measuring up to one hundred yards in length stretched and up to thirty meshes in breadth shall be deemed to be one tilapia net. 3. No person shall fish for, capture or kill any species of fish in the Lake by any means whatsoever unless he is in possession of a valid licence issued under the Trout Ordinance. 4. No person shall, except with a tilapia net or a single rod and line held in the hand, capture or kill, or attempt to capture or kill, any species of fish in the Lake by means of any net, trap or snare. 5. No person shall set any tilapia net for the purpose of capturing or killing fish in the Lake except in the manner provided for in rules 6 and 9 of these rules. 6. (I) The owner, manager or lessee of any land riparian to the Lake shall, provided that he is licensed as is provided for in rule 3 of these rules, be permitted to set one tilapia net immediately opposite to the land in respect of which he is the owner, manager or lessee as the case may be. (2) Any person who is not entitled under sub-rule (I) of this rule to set a tilapia net in the Lake, but who is in possession of the licence already referred to in rule 3 of these rules, shall be permitted to set one tilapia net in the Lake provided that it is set immediately opposite to Crown land. (3) Nothing in this rule- contained shall be deemed to permit any person to set more than one tilapia net at any one time in the Lake. 7. Notwithstanding anything in these rules contained no person shall set a tilapia net in that part of the Lake known by the names of "Preston's Bay" or "Little Lake", 8. Nothing in these rules contained shall be deemed to permit any person to set a net in any place where such a net is liable to foul any aircraft or any vessel. 9. No person shall set any net for the purpose of captur ing or killing fish in the Lake unless and until he has informed the Game Warden of his intention, stating at the same time the serial number of the licence held by him, as is provided for in rule 3 of these rules, together with a description of the land opposite to which he intends to set such net. Fish Protection [CAP. 217 2975 10. No person shall buy, sell. barter or exchange any fish taken from the Lake. I I. No person shall remove any species of fish from the immediate vicinity of the Lake in a living condition without the written permission of the Game Warden. 12. Any person who contravenes or fails to comply with any of the provisions of these rules shall be liable on convic tion to a fine not exceeding six hundred shillings or in default of payment to imprisonment not exceeding three months in respect of each offence. 13. Any court before which any person is convicted of an offence against these rules may, in addition to or in lieu of any otherpunishment, order that any net, trap. snare, stake. machine, instrument. appliance or boat used or suspected of being used by such person in contravention of these rules shall be confiscated.