Fish Industry (Lake Turkana) Regulations, 1976

Kenya Subsidiary Leglslation, 1976... . .. .•·~·=w. , .. .. 1.FGU. SOTIC'E '!'o, 245 THE FISH I~DUSTRY ACT (Cap. 37il) 1-'" EXE:~C!Sr c... the i' .·..vers .:.·:; ;e rrcd by sections 7 end 8 of :r,e Fish Ir.c,-,.::} .-',:-:. the \'.i::is:er i or Tourism and Wildlife hereby makes tnt: !'ollowing R<:guhtions : THE FISH I~DUSTRY (LAKE TURKA?'oI'A) R::C uLATTONS, ! 97(, P,~RT I-PRil.lMl:-:....RY 1. These: Regulations may be cited as the Fish, Industry (Lake cr.atioa. ft:rh '1.1; j\.q;u ! ~ fi....;~ ". 1976. : . h the-e R.:~""Ulatlon~. l:x.:t:pt where the ~','ntcJtt otherwise lI:.terprcution. r.:qul:l:~ ··;.:..:thoriz.cti pcrs.in" means any person authorized in writin~ by the Director 0:' Fisheries to exercise the powers or perform the duties ,):'1 behalf of the Director: S34 Kenya Subsidiary Legislation, 1976 "buoy" means a floating object used to mark the position of a net or other obstruction; "Director of Fisheries" means the person appointed by the Government to perform the duties of the Director of Fisheries; "to fish' means capture. kill. snare or trap flsh, or perform any action related thereto; "fisherman's licence" means a licence issued under regulation 7 of these Regulations: "gill net or set net" means a net which is placed into position in the water for some time with the object of fish !>w:mm:::g into it and becoming entangled in it. and then drawn out into 2 beat; "the lake" means Lake Turkana; "rod and line" means a fishing rod or pole to which is attached a line or thread with one hook, or jure incorporating a hook; "indigenous traditional method of fishing" means any method of fishing used by the indigenous people and includes the EI Mojo tradi tional nets but does not include any other type of nets: "fishing gear" means any net, line, cork. buoy. or other article used for the purpose of fishing; "mesh" means the openings or lipaces in a net enclosed by the thread of a net; "mesh measurement of a net" means the longer of the two measurements ascertained. when the net is wet, by the following stages (a) the net shall be suspended vertically from one corner of any mesh and at least five mesh widths from 37'1y edge of the net and stretched by hanging a weight of one kilogramrne from a corner of the next but one lower mesh, being the corner of that lower mesh furthest from sueh point of suspension, and linear measurement shall be taken between the highest 3:'lO the lowest corners of the intermediate mesh; (b) the nct shall be: suspended as before from or.e corner of the mesh first referred to in subparagraph (a) of this dcfi:::t:on. being n corner adjacent to that from which the net was first suspended as aforesaid and stretched by hanging a weight of one kilograrnrnc from one corner of the next nut one hover mesh. being the corner of that lower mesh Iurthc...t fro:n such point of suspension. and linear measurements shall be taken between the highest and the lowes; corners of t~e inter mediate mesh. "to seine" means to usc a net in order to enclose a particular area of water and then to draw such net ashore or on a boat, Kenya Subsidiary Legislation. 1976 P.\kT IT- R J:CiISTItA"'ON OF nOATS 3. (I) ~o penon shall usc any boat for fishinc on Lake Turkana unless there is in force in relation to such a boat a valid certificate of registration, (2) Any person who contravcnes the provisions of this regulation SXl.1I be guilty of an offence. 4. (J) A Fisheries Officer or any authorized person may. an application and on payment of the appropriate fee set out in the Second S..:hcdulc to lbese-R!;gul:iti ns, !.S.suc. to..J. e own ~ ~. ~oat a cenJj::.:~['oTresistr:llion in the appropriate form set out intneFmt Schedule to these Rcgulations : Provided that t!-.~ Director of Fisheries may in his discretion c.:XCl":1j't ;,n)l owner or class of owners from the payment oC the whole or ::t:':Y part of su::!1 fcc. (2) The person issuing the certificate of registration shall allot 'an id.:n!irl..:al:nn number (which m:IY include kill r~) 10 the bont in re,.?~·(:t .;..;: w:~T.:·h the ccrt iiic .... te of rcg:~lration is Issued, anti shall cause an eatry or the issuance of such certificate of registration to be made in a register, to be kept for that purpose. (3) The ovvner Of any boat to whom a certificate of registration is is..ucd Sl1411 (a) cause the identificarion number alloted under paragraph (2) of this regulation to be clearly painted on each side of the bow of such boat as soon as practicable after the issuance of s~;;h certificate of registration; and such number shall be painted in black on a white background, and each figure or letter of such number shall be at least two hundred and thirty r-iillimetrcs in h('i:~ht ami forty rnillirnctrcs in breadth: and (b) maintain at all time such identification number in a clear, legiolc:' and visible condition. (4) Any owner who contravenes any of the provisions of para graph (3) 0: thi~ rej ulation shall be guilty of an offence. '(5) Where a certificate of registration has been issued to the owner of any boat than on application by such owner. the certificate of registration-s laj n ..!)' in t:1I: Ji~,.·rd;.;n of the Director of Fivhcries be cancelled, in which event the certificate of registration shall be returned to the authorized officer; (b) rncv he transferred t. t~c name of an}' other person who pfT.:'\CS that he has b"':'>r":1C the owner or the boat, in which event an endorsement to that cil'cct Sholl! be made on the certificate of registration: and in either case the appropriate entry shall be made in the register. 5. (I', TL~ owner or person in chargc of any un:,t in respect oi which J ,~r.i(i:::ltc of reg istration has been issued shall, on demand, prodcce S'J =h certificate of registration to the Director of Fisheries, Fisheries O;;;;;.:r, an Administrative Officer. a Police Officer not below the :"~ of Assistant Inspector, or an authorized person, 535 Fishin£:boat to be rcPslcre4. Issue of cenificalC of re~u'atiOll1. Production or ce rtifica te of n:l;is::-ation on dernaad, "36 Fi.V1cnnen to be licenced. Issue of fi.,hcrm&I1·' I1CCZ1ClC. Entry ollioences issued, Refu~'\l to bsue licence. El\~mrtiOQ from Pllyme.nt or fee. Pr-xluction of licence on demand. Kenya Subsidiary Legislation, 1976 (1) Any person who contravcnes the provision of this regula.tion shall be guilty of an offence. PART !I[-LICESSISG OF FJSHEItME.'>: 6. (I) No person shall fish on Lake Turkana unless such person is the holder of a. valid fisherman's licence issued to him under the provisions of these Regulations: Provided that nothing in this regulation shall apply to any person who (0) in the opinion of the Director of Fisheries is under the age of twelve years and is a 10c:l1 resident in the area: or (b) is a holder of indigenous fisherman's licence and who uses only indigenous traditional methods of fishing. (2) Any person who contravenes the provisions of paragraph (1) of this regulation shall be guilty of an offence. 7. (I) A fisherman's licence in the appropriate form set cut in the First Schedule to these Regulations may, on application and on payment of appropriate fee set out in the Second Schedule to these Regulations, be issued to any person by any Fisheries Officer or by any authorized person. (2) A Fisheries Officer or an authorized person may, on applica tion and frce-of~bar~ issue an indil:!cnous fisbermar.'s licence in the form specified -in -the First Schedule to these Regura~io;S to any person who is a I091UcsiCcnt.i;Lthe-a-rea-: (3) A Fisheries Ofllcer or an authorized person may, on applica tion and payment of the appropriate fee specified ia the Second Schedule to these Regulations, issue a sport fisherman's licence b the form specified in the First Schedule to these Re;u:::t:ons to any person. S. The person issuing a fisherman's licence or ltny ir.ci;ecous fisherman's licence or a sport fisherman's licence stall cause at: entry of the Issue of such licence to he rna de in a re;;: tcr to be ~c;'1t for that purpose. 9. The Director of Fisheries may In his absolute discretion and without disclosing any reason. rcfuvc to issue a f;~":c:r.::l::·s I:::c:,:';e or a "port flshcrrnan's licence or :l~: ir'di!=~r()ul' :is~l:-mJ:1'!> licence. 10. The Director of Fisheries may in his discretion exempt any fisherman from the payment of the appropr.ate fee for a !:".h:~:::':l's licence. and shall issue ~o sud: f;Sr.C:-r:-O::I:; a certificate of c-.:<:::.;;::i~:1 as set out in the First Schedule to these Rcgulation-. II. (l) The person to whom a fisherman's licence or an ir.c.i;:::ous fisherman's licence or a sport 1isher~:1!1's licence or ar, c:te:;~ii:jC':: ccrtiricatc has been ivsucd ~h:111. or. demand. produce such licence to the Director of Fisheries, any Fisheries Officer, a:1Y Ac..."':l;::i.~:.~t.ive Officer, any Police Officer not below the rank of Assistant Inspector or any authorized person. (2) Any person who contra vcncs : he previsions of this !'c;:-":2:ion shall be guilty of an offence. Kenya Subsidiary Legislation, /976 PART IV-USE OF NETS 12. (I) ='0 person shal! seine or usc a mosquito net on Lake Scinin& Turkana unless he is the holder of a valid seining permit or mosquito pc:nnit. net permit issued to him. (2) Aoy person who contravenes the provisions of this regulation :.hall be guilty of an offence. 537! " 13;' A s<;i:lin.:; permit or mosquito net permit in the .appropriate Issue of form set out in the First Schedule to these Regulations may, in the seininl: pc:rmits. discretion of a Fisheries Officer' and subject to such conditions as he may impose and on payment of the appropriate fee set out in the Second S:hcdulc to these Regulations, be Issued to any licensed fisherman by a Fisheries Officer: Provided that the Director of Fisheries may in his discretion, exempt any such licensed fisherman or class of licensed fishermen from payrnent of the wbole or any part of such fee, 14. (I) .A.ny set net- Ptohibi~ t DCtS,ote. (a) the mesh ~leJ...urcrnent of which is less than one hundred and tv.-er.l} .[VI,; millirnetres; or (b) the length of which. when stretched, is greater than ninety-two metres or the depth of which is greater than thirty meshes, shall be. in relation to all fish. a prohibited net. (2) Any person who (a) uses any prohibited net for fishing on Lake Turkana; or (b) is in possession of any prohibited net, or buys, sells, barters, or exposes for sale or barter, or has in possession for sale or barter any prohibited net. at any place within the Lake Turkana region, shal] be guilty of an offence. (3) ·~o person shail (a) land or dispose of any fish except at places as from time to tirne authorized by 1he Director of Fisheries: (b) Iaad any fish between sunset and sunrise; (e) smoke, dry, or salt any fish at any place other than one authorized bv the Director of Fisheries: or (d) fish with bill net within ninety- two metres of the shore line: Provided that this regulation does not apply to the EI Molo pe-ople. 15. d) A person to whom any permit has been issued under r::~Ullt:OIl j.3 o; these R egulatio as shall, on demand, produce such permit :0 the Director of Fisheries. any Fisheries Officer. any A';:njrjs:!'~tivc· Oilicer, any Police Otlicer not below the rank of A:..,i!>:..J.nt Inspector or any authorized person. Production of permit on demand. 533 l"owerto prohibit usc of nets, etc. Buo)'in.c of nets. Obstruction to DAviptiOl1. Private mark.s. K enya Subsidiary Legislation, 19i6 (2) Any person who contravenes the provisions of this regulatio shall be gujlty of an offence. 16. (I) The Director of Fisheries may by notice prohibit c restrict in any specified area, or for any specified period. cithc generally or in relation to any specified species of 1j:;h. the use of an :i{lecifieJ nets or the usc or any spc.:ifil.:d method ur fhhinS. (2) Where a:1Y area. period. or net is specified under the pre visions of this regulation such area, period, or net ~l':.:l!1 be a prohibitc: place, closed period. or prohibited net. as the case ~:lj' be, cithc generally or in relation to the specified species of fish as the case rna: be. (3) Any person who contravenes the provisions of a notice issuec under paragraph (I) of this regulation ~h::dl be guilty of an of-encl:. 17. (I) No set net or long line shall be placed in or on thl water of Lake Turkana unless it is buoyed in such a manner 2.') tc make the position of such net or long line visible 0:'1 a clear d:l) at a distance of not less than ninety-two metres from a height of two metres, above the water. (2) Any person who contravenes the pro..risicns of this regulatlor: shall be guilty of an offence. 18. (1) No fishing gear shall be placed in or on waters of Lake Turkana in such a place or in such a manner as to interfere with free navigation thereof by any boat ; Provided tbt the pJ:1dnS of any such fh!ling gear in any :1.((:;1 not normally used for the purposes of navigation by any boat other than a fishing boat shall not be deemed to be an interference with the free navigation of the waters of Lake Turkana. (2) Any person who contravenes the provivions of this regulation shall be guilt,' of an offence. PART V-MlSCELL\'''''''EOl:S 19. (I) Any licensed fisherman may apply to the Fisherles Officer for registration of any private mark to be used to distinguish any fishing: gear owned by him and the Fisheries Officer may, if he is satisfied that such a mark is suitable f'or the p·.!?o<~ 3,;;;; t~3t no private mark is likely to he confused vvith tbc one i~ r::,:-::~, of which the application is being made has been previously rc;i.,t.::;cd OJ' any Fisheries Ofliccr, grant the apriication on payment of t~c appropriate tee set 0'.11 in the Second Schedule to these Regulations. (2) Every private na rk sh~.I: be rl:;:;i:,rcrcd ir: 3 rc;i .....:~; :0 ne kcr.t lor that purpose, and ~'JC~ a re;i~trati0n shall be valid 1,;;:: t o the 31s~ day of December of tl:c year in .....hich it is made. (3) A notice ~"hl,\\ii~.::; tr-,c pr:v:lt,.: rna r}; a~<J the r',;;')~'r: ::1 .\.vh0 C,C name it is n:-~1: ... tLrLd ~,!:~::l ;H: <:,\.lji~)it~d a; :1 P;:l~·r..: v:l;(;;': ~h~: rl.:~~;"t(~:: j~ kept during the currency (Jr sucl; re:;istr:ltio:1, (4) T:1C rl:r~on in \\ h0~C narnc t hc pr iva;c mark is r'.:£:i"':l":~d rna y renew the re::i~lr:lti(1n ,)~, r~t:.'I~v': r:t (1/ l~'~ :lr:~;"tt;-'l:-j:.:~~ f·.: c.' .......:t t;:J: ;:1 the Second Schedule to t lics c i'c~L:1JtiL)ns. Kenya Subsidiary Legislation, 1976 (5) The penon in whose name the private mark is registered may affix it in su..:h manner as he may consider most convenient, to any fishin~ gear owned by him. (6) Any person who afllxes to any property any mark which is registered in the name of an authorized person shall be guilty of an offence. ,,:rJ. Every Iicencc, certificate or registration, or permit issued under these Regulations shall, subject to the provisions of regulation 23 of these Regulations, be valid up to the dale slated therein and where no date is stated in the licence. certificate, registration or permit shall be valid up to the 3ht day of December, of the year in which it is issued. :1. Where under these Regulations the Director of Fisheries may exercise any power by notice, such notice shall be sufficiently published if it is .:xhibih:d at each place where a register of boats is kept for the purposes of these Regulations, :!. Any person who, being a holder of any licence or permit to nsh (0) in any particular area: (b) with an)' particular net: (() for any particular species; or (d) b)' means of any particular method of fishing. fi~h:.:~ in any place or manner or for any species of fish. other than in accordance with. the provisions of such licence' or permit. shall be guilt)" of 3D offence, Cum:ncyol li~.ete:. Manner of publication of notices. FIShing other. wise tlw1in ac.::ordan.:c wi.th li=ce,~ :3. In :111 proceedings 3f1SInl; out of the provisions of these: Regulations, it l'ilOill be presumed, until the contrary is proved that- PrQ:WXIpUon. (0) tae person registered as the owner of a boat used for fishing is the owner of such boat; (b) any person present in a boat when such boat is being used (or Ji"hir.:.;, or for transport of fresh fish. is fishing; or (c) any boat used for fishing is being so used with the consent of t!:t: rl'l'istc.:r.:u owner. :~. (1) Any person convicted of an offence under these Regula tions ~h.:l!J be liable-« Pc=lt)'. (€:) in ~hc.: c:..'c.: o{ a !;r~[ conviction to a line not exceeding one thousand shilling» or to imprisonment far a term not exceed i.-:g six months. or to both such fine and imprisonment; and (6) in t~c case of the second or subsequent conviction, to a fine rio; ~'>';;~l:Jill:; t w o t liouxarid shillin;;s or to imprisonment for a terrn not exceeding one year, or to both such fine and imprisonment. Kenya Subsidiary Legislation, 1976 (2) The court before which any person is convicted of an offence under these Regulations may order that in addition to any flne or term of imprisonment imposed. any licence. certificate or permit issued to such person under these Regulations shall be forthwith cancelled. FIRST SCHEDULE FORM I (r, 4) THE FISH INDUSTRY (LAKE TURKANA) R~G{;LAT10?'S CERTIFICATE OF REGISTRAnON OF BOAT The boat (canoe) of . has been registered for the purpose of fishing. in Lake Turkana and has been allocated number . Fee paid .. Date of issue 19 . Date of expiry , 19 .. Issuing Authority (r. 7 (1) THE FISH INDUSTRY (LAKE TURKANA) REGULAT10~S FISHERl>IEN'S LICE.'ICE of .. is hereby licensed to fish in Lake Turkana subject to the provis ions of the Fish Industry Act and of the Fivh lr.cust ry (Lake It;r:'::.:,.~) Regulations. Fcc paid .. Date of issue 1y .. Date of expiry '. 1C) FORM III Kenya Subsidiary Legislation, 1976 (r, 7 (2» THE FISH INDUSTRY (LAKE TURKANA) REGULATIONS b."OIGENOUS FISHER:-.tA~·S LICI:::SCL of .. is hereb~.\ licensed to fish. using only indigenous traditional methods of f.shing. in the Lake Turkana subject to the provisions of the Fish Industry Act and of the Fish Industry (Lake Turkana) Regulations. Fee paid .. Date of issue 19 .. Date of expiry FORM IV 19...... Issuing Authurity (r. 10) THE FISH l~DUSTRY (LAKE TURKANA) REGULAl;lONS SEINING PERMIT of . is hereby permitted to usc a seine net of the following description subject 1.9 the provisions of the Fish Industry Act and of the Fish Industry (Lake Turkana) Regulations. and subject to the following conditions .. (~) The breach of the conditions contained in this permit consti tutes an o::e:1:::: against the provisions of the Fish Industry Act and l.j the Fish Industry (Lake Turkana) Regulations. Fee paid . 1.).lIC ,,[ .,,"u<.: I ~ .. Date 01 tApir}" ....................................... 19..... Fisheries 0 [ficer 542 FORM Y KC'n)"Q Subsidiary Legislation. /976 (r, 7 (6» THE FISH INDUSTRY (LAKE TURKANA) REGULATIONS CERTIFICATE OF E'<EMPTIO: ....................................................................................................................................................... of .. is hereby authorized to fish in Lake Turkana subject to the provisions of the Fish Industry Act and the Fish Industry (Lake Turkana) Regu lations. but by rca SOli of his . is exempted from payment of a fcc. Date of issue 19.....• Dale of expiry 19 . Director 0/ Fisheries FORM VI (r, 13) THE FISH INDUSTRY (LAKE TURKANA) REG{JLATro~S of . is hereby permitted to usc a mosquito net [or fishing of the following description .. .............................................................................................. (Z) The breach of an)' conditions contained in this pc~r:-,;t ccr.st i \\::<:s an offence under the provivions of the Fi'h Industry Act anc the Fish Industry (Lake Turkana) Regulations. Fl."C paid .. Da t c of l~SLl(; •••.•••.••••••••••••••••••.•..••.••.•.. , I ~' . Kenya Subsidiary Legislation, 1976 543 FOiL"!: VII (r. 7 (3» THE FISH INDUSTRY (LAKE TURKANA) REGULATIONS SI'()kT FISIlr:KMhN'S LICI!.NCI~ ~ame of (address) . is hereby licensed to fish with rod and line only in Lake Turkana subject to the provisions of the Fish Industry Act and the Fish Industry (Lake Turkana) Regulations and to the following conditions Fee paid .. Date of issue 19 . Date of expiry ...................................... 19...... Director vi Fisheries I fisheries Officer SECOND SCHEDULE 50 00 (rr. 4. 7, 13. 19) Sh. cis. 20 00 10 00 500 10 00 100 00 50 00 20 00 10 00 10 00 500 10 oo 5 00 150 00 FEES On issue of certificate of registration of a boat ... On issue of a duplicate of registration of a boat On issue- of duplicate of fisherman's licence On jssti~ of fi'.h;::-m~n·s licence On issue of seining permit ' .. On issue of mosquito net permit On issue of a duplicate seining permit On iwue of duplicate mosquito net permit On issue of any other permit On is-uc of JUj"lio:att: of any other permit Or. the registration of ;1 private: mark On the renewal of reg ixtrat ion of a private mark On l\\UC of sport f:shcrrnan's licence for om: year On l'\:.ll· of ..j1"n\ ti,hcrll1;lIl':, licvncc lor one week or part rhcrcof Made this 23rd day of November, 197(,. M J.OGUTU. Minister [or Tourism and Wlldli]«.