Fisheries (General) Regulations (Cap. 378)

[Rev. 2012] [Issue 1] F7 - 16 FISHERIES (GENERAL) REGULATIONS ARRANGEMENT OF REGULATIONS PART I – PRELIMINARY Regulation 1. Citation. 2. Interpretation. PART II – REGISTRATION OF LOCAL FISHING VESSELS 3. Registration of fishing vessels. 4. Identification of registered vessels. 5. Concealment of numbers. 6. Transfer of certificate of registration. 7. Unseaworthy vessel not allowed to sail. 8. Vessel licence not required. PART III – LICENSING OF FISHERMEN, ETC. 9. General fisherman’s licence. 10. Deleted. 11. Deleted. 12. Sport fisherman’s licence. 13. Deleted. 14. Fish processing licence. 15. Deleted. 16. Deleted. 17. Deleted. 18. Deleted. 19. Shell collector’s licence. 20. Shell dealer’s licence. 21. Deleted. 22. Deleted. 23. Deleted. 24. Disposal of aquarium fish. 25. Live fish movement permit. 26. Import and export permit. 27. Special licence. 28. Registration of sport fishing clubs. PART IV – ADMINISTRATION OF LICENCES, PERMITS AND CERTIFICATE OF REGISTRATION 29. Application. 30. Power to refuse a licence or permit. 31. Power to attach conditions. 32. Power to modify licences, etc. 33. Power to suspend or cancel licences, etc. [Rev. 2012] F7 - 17 [Issue 1] Regulation 34. Appeals. 35. Validity. 36. Licence not transferable. 37. Replacement of licence. 38. Register. 39. Effect of conviction. PART V – NOTICES IN THE GAZETTE 40. Manner of publication of notice. PART VI – GENERAL MANAGEMENT MEASURES 41. Fishing in inland waters. 42. Landing of fish. 43. Prohibited fishing methods and gear. 44. Buoying of fishing gear. 45. Harvesting of oysters. 46. Coral gathering prohibited. 47. Protection of anadromous and catadromous fish. 48. Berried crustacea. 49. Prohibition on use of explosives and poison. 50. Protection of breeding areas. 51. Protection of marine mammals and turtles. 52. Prohibition relating to licences and permits. 53. Requirement to provide data. PART VII – TROUT FISHING 54. Powers to regulate trout fishing. 55. Prohibited trout fishing activities. 56. Offence to damage fishing camp and property. PART VIIA – CRUSTAE FISHING 56A. 56B. 56C. PART VIII – IMPORTATION OF LIVE FISH 57. Importation of live fish. PART IX – RESTRICTION ON PURCHASE OF FISH 58. Restriction on purchase of fish. PART X – PREVENTION OF POLLUTION AND PROTECTION AND CONSERVATION OF FISHERY WATERS 59. Pollution prevention zone. 60. Pollution and abandoned fishing gear. 61. Movement of boat or gear to other waters. 62. Fishing stocking. [Rev. 2012] [Issue 1] F7 - 18 PART XI – PRIVATE MARKS FOR FISHING GEAR Regulation 63. Assignment of private mark. 64. Transfer of private marks. 65. Prohibition relating to private mark. PART XII – ENFORCEMENT PROVISIONS 66. Reporting of loss or finding of marked gear. 67. Production of licence. 68. Obstruction. 69. Presumptions. SCHEDULES FIRST SCHEDULE – FORMS SECOND SCHEDULE – FEES THIRD SCHEDULE – WATER DECLARED OPEN FOR PURPOSES OF TROUT FISHING FOURTH SCHEDULE – DESIGNATED FISH LANDING STATIONS FIFTH SCHEDULE – FISH MEASUREMENTS [Rev. 2012] F7 - 19 [Issue 1] FISHERIES (GENERAL) REGULATIONS [L.N. 34/1991, L.N. 351/1993, L.N. 18/1996, L.N. 40/1997, L.N. 18/2001, L.N. 88/2006, L.N. 128/2007, L.N. 77/2010.] PART I – PRELIMINARY 1. Citation These Regulations may be cited as Fisheries (General) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “ambergris” means a fatty substance with an odour originating from the intestines of sperm whale (Physeter macrocephallus); “anadromous” means fish which migrate from open water bodies to river systems to spawn; “aquarium” means artificial pond or tank used for keeping or displaying live fish aquatic plants as pets or for decorative, ornamental or entertainment purposes; “aquarium fish” means any fish including brood, fry or ova thereof which are or may be intended for capture by or sale to any person for the purpose of display in a tank or aquarium; “artificial lure” means any bait or lure furnished with a hook and containing no edible substance; “authorized examiner” means a person designated by the Director to inspect a vessel to determine if it is seaworthy; “beche-de-mer” means an Enchinoderm of the class Ilolothuroidea; “berried fish” means fish with eggs; “bivalve” means mollusc of the class Pelecypoda; “breeding area” means an area in Kenya fishery waters which the Director has, by notice in the Gazette, designated to be a fish breeding area and includes the nurseries for ova, fry, spawn, brood, spat and young of fish thereof; “by-catch” means any species taken and any mortalities incidental to the target species in respect of which the license has been granted; “catadromous” means fish which migrate from river systems into open water-bodies to spawn; “catchment area” means a given area of the country where all surface water run off are, as a consequence of land formation, restricted to draining from; and for the purposes of these Regulations the country is divided into four major catchment areas: Lake Victoria basin, Kerio Valley basin, Uaso Nyiro basin and Indian Ocean; “coral” means a calcareous skeleton secreted by polypoid coelenterates of the class Anthozoa or Hydrozoa; “cowrie” means mollusc of the family Gastropoda; “crustacea” means all species of aquatic Arthropods including shrimps, prawns, lobster, crayfish and crabs, their brood, spawn, ova and young thereof; “dealing in fish” means acquiring, holding, selling or distributing fish or fish products for purposes of trade; [Rev. 2012] [Issue 1] F7 - 20 “distribution” means movement of fish products from one area to another for the purposes of trade; “electric fishing” means fishing by using electric current; “employee of a licensee” means a person in receipt of wages or remuneration paid to him for services rendered by him to the licensee, who has been issued an employment card by the licensee, and whose name is entered on the employment register of the licensee; “fish culture” means propagating, breeding or raising of fish under confinement by man; “fisherman” means a person fishing in Kenya fishery waters; “fisherman’s licence” means a licence issued under regulation 9; “fish farmer” means a person engaged in fish culture; “fishing camp” means an established area or building designated by the Fisheries Department for use by sport fishermen; “fishing ground” means all fishery waters of Kenya together with the shorelines thereto except the points designated as fish landing stations under regulation 42; “fish landing station” means a point on the shore of any waters or coastline of which the Director has, by notice in the Gazette, designated as a point to land fish; “fish trader” means any person other than a fisherman or fish farmer who deals in fish; “Fish traders licence”deleted by L.N. 88/2006, s.2; “gill net” means a net which is placed into position in water with the object of fish swimming into it and becoming caught therein; “inland waters” means any public river, lake, estuary, stream, tank, pool, pound, channel, lagoon and any other public areas of fresh or blackish water in Kenya; “landing fish” means displaying or offering of fish for sale by a fisherman; “licensing officer” means the Director and any person in the public service in the Fisheries Department of above the rank of Assistant Fisheries Officer, or any other officer in the public service appointed in writing by the Director to be a licensing officer; “long lining” means fishing with several hooks attached to a long line; “marine mammal” means any animal of the class Mammalia living in an aquatic environment and includes their young; “marine turtle” means any animal of the family Testudinae living in the aquatic environment and includes eggs and young thereof; “marketing fish” means acquiring or offering fish or fish products for purpose of trade; “master” means the person for the time being having command or charge of the fishing craft; “mother of pearl” means the pearl-bearing shell; “Nyanza Gulf” means all the water body of Lake Victoria east of Rusinga Island; “oyster” means any mollusc of any species of the genus Ostrea; “pearl” means an abnormal concretion of nacre formed inside a mollusc shell round a foreign body such as a sand particle or a parasite; [Rev. 2012] F7 - 21 [Issue 1] “private land” means land which is held under conveyance, lease or licence from the Government or local authority but does not include land held under temporary occupation licence under the Government Lands Act (Cap. 282); “rod and line” means a single rod or pole to which is attached a line or thread with hook or lure fastened on the line for fishing; “sea weed” means aquatic plant; “seining” means the use of a net to enclose an area of water and subsequently drawing the net ashore or on to a vessel; “shell” means whole part of the hard outer cover of a mollusc; “special licence” has the meaning ascribed to it in regulation 27; “sport fisherman” means any person holding and using as authority for his fishing a licence issued under regulation 12 or 13; “sport fishing” means angling or fishing for recreation; “sport fishing club” means a person or institution which offer sport fishing facilities; “sport fishing facility” means vessel or fishing gear used for sport fishing; “trawl net” means a fishing net rigged in such manner as to have a wide opening and fitted with warps and otter boards, which is dragged along in the water behind a motorised boat for purposes of fishing; “trawler” means a boat, whether motorised or not, which is built in such manner as to allow for the attachment of a trawl net; “trawling” means casting of a net into water and subsequently towing the net by a fishing vessel; “trolling” means fishing with hook fixed on a line which is towed by a vessel; “trout” means any fish of the family Salmonidae commonly known as trout and includes eggs and young thereof. [L.N. 18/2001, s. 2, L.N. 88/2006, s. 2, L.N. 77/2010, s. 2.] PART II – REGISTRATION OF LOCAL FISHING VESSELS 3. Registration of fishing vessels (1) Pursuant to section 7 of the Act, person shall use any vessel for fishing in Kenya fishery waters unless there is in force in relation to that vessel a valid certificate of registration. (2) A certificate of registration of a fishing vessel in Form DF/CR 1 in the First Schedule may, on application to and approved by the Director, be issued on payment of the fee prescribed in the Second Schedule. (3) With the approval of the Minister, the Director may, in writing, exempt any owner of a vessel from payment of the whole or part of the registration fee. (4) For purposes of ascertaining whether or not a vessel complies with the provisions of the Act, a licensing officer may direct that before any vessel is registered under these Regulations, the owner shall produce the vessel for inspection by an authorized officer. (5) The licensing officer shall allot an identification number, which may include letters, to the vessel in respect of which a certificate of registration is issued, and shall cause an entry of the allotted identification number of registration to be made in a register to be kept for that purpose. [Rev. 2012] [Issue 1] F7 - 22 (6) Any person who contravenes this regulation shall be guilty of an offence and shall be liable to the penalties set forth in section 7 of the Act. 4. Identification of registered vessels (1) The owner of a vessel for which a certificate of registration has been issued shall— (a) cause the identification number allotted under regulation 3(5) to be clearly painted on each side of the bow of the vessel within seven days after issue of the certificate of registration; and the number shall be painted in black on a white background, or in white on a black background, and each figure or letter shall be at least 250mm. in height, 150mm. in breadth and 40mm. thickness; (b) at all times maintain the identification in a clear legible and visible condition. (2) The owner of a fishing vessel operating in Kenya fishery waters which is not marked in the manner prescribed in this regulation shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. 5. Concealment of numbers (1) No person using any vessel registered under these Regulations shall cause or permit the identification marks of the vessel to be defaced, covered or concealed in any manner whatsoever. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. 6. Transfer of certificate of registration (1) Where the ownership of a registered fishing vessel transfers from one person to another, the person from whom the ownership has transferred together with the person to whom the ownership has been transferred shall jointly submit to the Director an application seeking the transfer of the certificate of registration. (2) The application shall contain— (a) the names and addresses of both parties; (b) documentary evidence of the transfer and acquisition of the certificate of ownership; (c) signature of both parties; (d) attestation by an independent witness. (3) Upon approval of the application, the Director shall cancel from the register the name of the person from whom the certificate of registration of fishing vessel has transferred and in lieu thereof enter in the register the name of the person to whom ownership of the same has been transferred and shall accordingly change the name of the owner on the certificate of registration. 7. Unseaworthy vessel not allowed to sail (1) No fishing vessel registered under regulation 3 shall proceed on a fishing voyage unless it is seaworthy. (2) Where a fisheries officer, upon inspection of any licensed fishing vessel which is being prepared to proceed on a fishing voyage, considers that the vessel is unseaworthy, he may detain the vessel until it is made seaworthy and a certificate of seaworthiness from an authorized examiner is produced to him. [Rev. 2012] F7 - 23 [Issue 1] (3) The owner or master of a vessel who wilfully allows an unseaworthy or unfit vessels to proceed on a voyage knowing it to be unseaworthy, shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. 8. Vessel licence not required Any vessel registered under regulation 3 is deemed to have a licence required for a local fishing vessel under section 9 of the Act. PART III – LICENSING OF FISHERMEN, ETC. 9. General fisherman’s licence (1) No person shall fish in Kenya fishery waters unless— (a) he is a holder of a valid fishing licence issued to him under these Regulations and is fishing in accordance with the terms and conditions of the licence; (b) he is an employee of a licensee and is fishing in accordance with the terms and conditions of the applicable licence; or (c) he is fishing for his own consumption and in accordance with the Minister’s order published in the Gazette. (1A) A licence issued under this regulation shall entitle the holder to— (a) fish for aquarium fish in Kenya fishery waters; (b) collect or culture any oyster; (c) fish for trout in Kenya fishery waters. (2) A fisherman’s licence as set out in Form DF/L1 in the First Schedule may on application to and approval by the Director be issued to the applicant, on payment of the fees specified in the Second Schedule. (3) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. 10. Deleted by L.N. 128/2007, s. 2. 11. Deleted by L.N. 128/2007, s. 3. 12. Sport fisherman’s licence (1) No person shall participate in sport fishing in Kenya fishery waters unless— (a) he is a holder of a valid sport fishing licence issued to him under this regulation and is fishing in accordance with the terms and conditions of the licence; or (b) he is a holder of a valid trout licence described in regulation 13 and is fishing in accordance with the terms and conditions of the licence. (2) A sport fisherman’s licence as set out in Form DF/L2 in the First Schedule may on application to and approval by the Director be issued to the applicant by the licensing officer, on payment of the fee set out in the Second Schedule. [Rev. 2012] [Issue 1] F7 - 24 (3) A sport fisherman’s licence shall entitle the holder to catch fish with only a rod and line for his own consumption or personal trophies and not for sale. (4) A licence which shall remain in operation for two years from the date which it was issued. (5) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. [L.N. 128/2007, s. 6.] 13. Deleted by L.N. 128/2007, s. 4. 14. Fish processing licence (1) No person shall, for the purpose of trade, engage in the processing of fish by any means unless he is in possession of a valid fish processing licence issued to him under these Regulations and is operating in conformity with the terms and conditions of the licence. (2) paragraph (1) shall not apply to— (a) the icing of fish; (b) sun-drying or smoking of fish without using electric power or motorised plant machinery; or (c) catering institutions which sell or serve fish already prepared as food for eating by their patrons. (3) Upon application to and approval by the Director, a fish processing licence as set out in Form DF/L4 in the First Schedule, may be issued in respect of each processing premises on payment of the fees specified in the Second Schedule. (4) The validity of the licence shall remain restricted to the premises named thereon. (5) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. 15. Deleted by L.N. 88/2006, s. 4. 16. Deleted by L.N. 88/2006, s. 5. 17. Deleted by L.N. 88/2006, s. 6. 18. Deleted by L.N. 88/2006, s. 7. 19. Shell collector’s licence (1) No person shall collect shells unless he is in possession of a valid licence issued to him under this regulation and is operating in conformity with the terms and conditions of the licence. (2) A licence in the form set out in Form DF/L7 in the First Schedule, may on application to and approval by the Director, be issued on payment of a fee specified in the Second Schedule. (3) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. [Rev. 2012] F7 - 25 [Issue 1] 20. Shell dealer’s licence (1) No person shall engage in wholesale or retail trade in shells unless he is in possession of a valid licence issued to him under these Regulations and is operating in conformity with the terms and conditions of the licence. (2) A licence as set out in Form DF/L8 in the First Schedule may, on application to and approval by the Director, be issued on payment of the fee specified in the Second Schedule. (3) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. 21. Deleted by L.N. 88/2006, s. 8. 22. Deleted by L.N. 88/2006, s. 9. 23. Deleted by L.N. 88/2006, s. 10. 24. Disposal of aquarium fish (1) Any licensee wishing to dispose of or transfer ownership other than by export of aquarium fish for which he has been issued a licence to fish, culture or keep shall, before disposing of the aquarium fish, notify the Director in writing of how and where he proposes to transfer the fish. (2) When ownership of the fish is to be transferred to another person or institution, except where such transfer of ownership occurs from export of aquarium fish, the newowner shall apply for and obtain the necessary licence before taking possession of the aquarium fish. (3) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. 25. Live fish movement permit (1) No person shall move live fish from one water catchment area to another unless he is in possession of a permit issued to him under this regulation and he is operating in conformity with the terms and conditions of the permit. (2) A permit as set out in Form DF/P4 in the First Schedule may, on application to and approval by the Director, be issued on payment of the fee specified in the Second Schedule. (3) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. 26. Import and export permit (1) No person shall export from or import into Kenya any fish or fish product unless he is in possession of a permit issued under this regulation. (2) A person seeking a permit under this regulations shall submit an application in Form DF/P3 set out in First Schedule to the Director and shall, where the application is in respect of live fish, provide a proper description of the fish giving both its scientific and common names. [Rev. 2012] [Issue 1] F7 - 26 (3) The Director shall consider every application submitted under paragraph (2) and shall forward the application together with his recommendations thereon to the Permanent Secretary for the time being responsible for matters relating to fisheries for approval. (4) Where an application under this regulation is approved, a permit in Form DF/P3A set out in the First Schedule may be issued to the applicant, subject to payment of the prescribed fee. (5) Any person who contravenes the provisions of this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. [L.N. 18/1996, s. 2(a).] 27. Special licence (1) Notwithstanding anything contained in these Regulations, the Director may in writing grant to any person or institution, authority to be called special licence, which shall entitle the holder to engage in fishing and to do such other things as may be specified therein for any of the following purposes— (a) scientific research; (b) educational purposes; (c) the supply of food in case of emergency; (d) collection of brood stock for breeding purposes; (e) any other purpose the Director deems appropriate. (2) Any special licence shall be valid for the period specified therein. (3) Any person who contravenes this regulation or any terms or conditions of a special licence shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. 28. Registration of sport fishing clubs (1) No person or club shall operate any sport fishing facility unless there is in force in relation to that person or club a valid certificate of registration of the sport fishing club issued under this regulation. (2) A certificate of registration of the sport fishing club in Form DF/CR2 in the First Schedule may, on application to and approval by the Director, be issued on payment of the fee specified in the Second Schedule. (3) Any person or institution who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. PART IV – ADMINISTRATION OF LICENCES, PERMITS AND CERTIFICATES OF REGISTRATION 29. Application Any person requiring a licence, permit or certificate of registration under these Regulations shall apply in writing to a licensing officer on the appropriate form as set out in the First Schedule or in such other form as the Director shall specify. 30. Power to refuse a licence or permit (1) Any licensing officer may without disclosing any reason, refuse to issue any licence or permit required under these Regulations and where such refusal is made by a licensing officer other than the Director, the licensing officer shall report every case in writing detailing reasons for refusal to the Director. [Rev. 2012] F7 - 27 [Issue 1] (2) Any person aggrieved by the decision of the licensing officer may, within thirty days of communication to him of such refusal, appeal in writing to the Director. (3) The Director may confirm, vary or reverse the decision and shall accordingly issue instructions to the licensing officer. 31. Power to attach conditions (1) The Director may attach to any licence or permit issued under these Regulations any conditions which in his opinion are necessary or expedient for carrying into effect the objects and purpose of the Act and of these Regulations, which conditions shall not be inconsistent with the provisions of the Act or regulations made thereunder. (2) Without prejudice to the generality of the provisions of paragraph (1), the Director may impose conditions as to— (a) the stock, size, sex, weight and quantities of fish to be harvested or any matter relating thereto; or (b) the methods used in fishing and disposal of fish or particular species of fish and use of any equipment, appliance, instrument, net, fishing weir or any other means whatsoever. 32. Power to modify licence, etc. (1) The Director may modify a licence, permit or certificate of registration if he determines that such modification is for the proper management of the fishery, and shall accordingly inform the licensees of such modification. (2) Where the Director has modified a licence, permit or certificate of registration the licensee shall be required to deliver the instrument to a licensing officer for endorsement accordingly within seventy-two hours after delivery of a written notice of modification. (3) Where any licence, permit or certificate of registration against which the Director has issued a variation order shall not have been surrendered for endorsement seventy-two hours after delivery of notice for variation, such licence, permit or certificate of registration shall be deemed to have been revoked and fallen invalid. (4) After a licence has been endorsed under paragraph (2) of this regulation, it shall be returned to the licensee. 33. Power to suspend or cancel licences, etc. (1) The Director may suspend a licence or permit if he determines— (a) that such a suspension is necessary or expedient for proper management of the fishing industry for such period as he deems fit in the whole or in specified parts of the country; or (b) that the licence or permit has been used in contravention of any regulation or any conditions therein. (2) Any licence or permit suspended under paragraph (1) shall be invalid during the period the suspension is in force. (3) The Director may cancel or revoke any licence or permit granted under this regulation if he is satisfied that the holder has contravened any of the provisions made thereunder. (4) Where the Director has suspended, cancelled or revoked a licence or permit as provided for under paragraphs (1) and (3), the Director of fisheries or an officer authorized by him in writing shall repossess the instrument. [Rev. 2012] [Issue 1] F7 - 28 (5) Where the instrument is repossessed on grounds of suspension, the Director, if he is satisfied that the circumstances which mitigated suspension no longer apply, may authorize that the instrument be returned to the licensee. 34. Appeals (1) Any person aggrieved by— (a) the refusal of the Director to issue a licence or permit to him; (b) the suspension or revocation of a licence or permit by the Director; or (c) any condition or restriction attached or imposed on a licence or permit, may, within thirty days of communication to him of such refusal, suspension, revocation, condition or restriction, appeal in writing to the Minister. (2) A petition of appeal lodged under paragraph (1) need not be in any standard form, but the appellant shall— (a) prepare the petition in duplicate; (b) adequately describe the matter to which the appeal relates; (c) set forth concisely the grounds of appeal; (d) sign the petition; (e) serve the original on the Minister; and (f) serve the duplicate on the Director. (3) On receipt of the duplicate referred to in paragraph (2), the Director shall without delay forward to the Minister a written statement setting out such particulars relating to the subject matter of the appeal together with his own comments thereon which in his opinion are useful towards a just determination of the appeal. (4) The decision of the Minister in an appeal shall be final and shall be communicated in writing to the appellant with a copy to the Director. 35. Validity Every licence, permit or certificate of registration issued under the Act or these Regulations, shall, unless invalidated pursuant to provisions of the Act or any regulations made thereunder, remain valid up to the date stated therein or where no such date is specified up to 31st December of the year in which it is issued. 36. Licence not transferable A licence or permit issued under these Regulations shall not be transferable. 37. Replacement of licence (1) When any licence, certificate of registration or permit which has been issued under the Act or any regulation made thereunder has been lost, become defaced or mutilated, the person to whom it was issued may upon application to and approval by the Director, be issued with a duplicate upon payment of the fee specified in the Second Schedule. (2) On issue of the duplicate licence, certificate of registration, or permit pursuant to this regulation, the original shall cease to be valid. 38. Register The Director shall cause to be kept and maintained a separate register for each type of licence, permit and certificate of registration issued under the Act or any regulations made thereunder. [Rev. 2012] F7 - 29 [Issue 1] 39. Effect of conviction (1) The conviction of the holder of a licence, permit or certificate of registration or his authorized agent for any offence under the Act or any regulation made thereunder shall, unless the Director in writing otherwise directs, have the effect of cancelling the licence, permit or certificate of registration and such instrument shall cease to be valid from the moment of conviction. (2) Any person convicted of an offence under the Act or these Regulations shall, unless the Director in writing otherwise directs, stand disqualified from holding a licence, permit or certificate of registration related to the provisions under which he has been convicted, for a period of two years from the moment of conviction. (3) The holder of any licence, permit or certificate of registration which is cancelled pursuant to paragraph (1) shall, within fourteen days from the date of conviction, surrender the licence, permit 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 to a licensing officer. (4) The licensing officer shall record the surrender of the instrument in the appropriate register kept under regulation 38. (5) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding three months or to both. PART V – NOTICES IN THE GAZETTE 40. Manner of publication of notice Where under the Act or these Regulations the Director may exercise any power by notice, the notice shall be— (a) published in the Gazette; or (b) exhibited at each place where a register of licences, permit or certificate of registration is kept pursuant to these Regulations. PART VI – GENERAL MANAGEMENT MEASURES 41. Fishing in inland waters (1) No person shall fish in the inland and territorial waters of Kenya except— (a) a citizen of Kenya; or (b) a non-citizen of Kenya holding a valid sport fishing licence or trout licence; or (c) a resident of Kenya or other persons recognized by the Director by notice in the Gazette as persons who traditionally fish in Kenya fishery waters. (2) Any person contravening this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding two years or to both. 42. Landing of fish (1) No person, other than a sport fisherman, shall land any fish at any point except at a fish landing station and for purposes of this regulation, the fish landing stations shall be those specified in the Fourth Schedule. [Rev. 2012] [Issue 1] F7 - 30 (2) Any fisherman who lands fish at a fish landing station shall— (a) at the request of a fisheries officer, cause the fish to be weighed by the officer; and (b) keep or store the fish in a hygienic manner pending sale. (3) No fisherman or fish dealer shall have in his possession for sale, any fish which is unfit for human consumption. (4) Where a fisheries officer is satisfied that fish in possession of a fisherman or trader is unsuitable for human consumption on account of its poor state of preservation or of its toxic nature, he shall refuse the sale and may impound the fish; or demand production of a certificate issued by a fisheries officer or public health officer confirming suitability of the fish, for human consumption, before allowing the sale. (5) Where the certificate of suitability referred to in paragraph (4) is not produced for up to forty eight hours, the fisheries officer may order the fish destroyed and the Government shall not be held liable. (6) Any person contravening this regulation shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding six months or to both. 43. Prohibited fishing methods and gear (1) Trawling is a prohibited fishing method— (a) in the waters of Lakes Victoria; (b) deleted by L.N. 18/2001, s. 2(b)(i); (c) in Kenya waters of Lake Turkana; (d) within three nautical miles of the coast of Kenya within the territorial waters of Kenya described under the Maritime Zones Act: Provided that the Director may determine, by notice in the Gazette, the number, type and size of vessels that may be permitted in any area where trawling is allowed under these Regulations or the Act. (1A) It is prohibited to own or be in possession of a trawler or trawl net at any point within the Kenya waters of Lake Victoria or within a radius of ten kilometres landward from any point on the entire shoreline of the Kenyan waters of Lake Victoria. (1B) Any person who contravenes the provisions of paragraph (1A) shall be guilty of an offence. (1C) An authorised officer may, in the exercise of his powers and the performance of his duties under the Act, seize and detain any trawler or trawl net found within any of the areas specified under this regulation in respect of which he has reasonable cause to believe that an offence has been or is about to be committed. (1D) Any trawler or trawl net which is seized under paragraph (1C) in respect of which an offence is found to have been committed shall be forfeited to the Government. (2) A seining net whose mesh sizes are less than 50mm when diagonally stretched shall be prohibited fishing gear except for fishing for Rastrineobola (Omena). (3) Seining for Rastrineobola (Omena) with any net whose mesh sizes are less than 10mm. when diagonally stretched is prohibited. (4) Any gill net the mesh sizes of which measures less than 127mm. diagonally when stretched is a prohibited fishing gear in all Kenya waters of Lakes Victoria and Turkana, [Rev. 2012] F7 - 31 [Issue 1] and any gill net the mesh sizes of which measure 102mm. diagonally when stretched is a prohibited fishing gear in Lake Naivasha, Lakes Baringo, Challa and Jipe and the dams of Tana and Turkwell rivers. (5) It is prohibited— (a) to land from Lakes Victoria and Turkana fish whose standard length is less than 25 centimetres; (b) to land from Lakes Naivasha, Baringo, Jipe, Challa and the dams of Tana and Turkwell rivers any Tilapia fish whose standard length is less than 18 centimetres; (c) to acquire, possess, buy, sell or expose for sale or barter any Tilapia fish the landing of which is prohibited under subparagraphs (a) and (b). (6) The standard length in relation to this regulation is the linear measurement of the distance between the tip of the upper lip of the fish mouth and the foot of the caudal fin of the fish as shown in the diagram in the Fifth Schedule. (7) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding two years or to both. [L.N. 351/1993, s. 2, L.N. 18/2001, s. 2(b), L.N. 77/2010, s. 3.] 44. Buoying of fishing gear (1) Any fishing gear set or placed in or on water shall be marked with a clearly visible buoy so that it can be seen both during the day and night by a vessel a hundred and fifty metres away from the position of the gear. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or imprisonment for a term not exceeding six months or to both. 45. Harvesting of oysters (1) No person shall use any mechanical apparatus to take oysters from natural or cultured oyster beds in Kenya fishery waters. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding one year or to both. 46. Coral gathering prohibited (1) No person shall gather coral, either alive or dead, from Kenya fishery waters. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding two years or to both. 47. Protection of anadromous and catadromous fish (1) No person shall fish for anadromous or catadromous fish species in the river systems or within a three kilometre radius of the river delta and estuary during the period designated by the Director by notice in the Gazette. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. [Rev. 2012] [Issue 1] F7 - 32 48. Berried crustacea (1) Subject to paragraph (2), no person shall fish for or have in his possession any lobster, crab or crayfish in berried state. (2) The Director may, subject to such terms and conditions as he considers appropriate, authorize in writing the capture of lobster, crab or crayfish in berried state. (3) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. 49. Prohibition on use of explosives and poison (1) No person shall use any explosives, poisonous or noxious substances, or electric shock device in order to render fish more easily caught. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. 50. Protection of breeding areas (1) No person shall disturb any spawn or spawning fish in a breeding area. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. 51. Protection of marine mammals and turtles (1) The maritime zones of Kenya are declared to be a marine mammal and turtle sanctuary. (2) No person shall— (a) kill any marine mammal or turtle; (b) chase any marine mammal or turtle with intent to kill; (c) harass any marine mammal or turtle so as to disturb its behaviour or breeding habits; or (d) take any marine mammal or turtle, alive or dead, including any marine mammal or turtle stranded on land. (3) Where any marine mammal or turtle is caught or taken unavoidably during fishing, such marine mammal or turtle shall, whether it is alive or dead, be released immediately into the waters. (4) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. 52. Prohibition relating to licences and permits (1) No person shall— (a) unlawfully alter or endorse, transfer or lend a licence or permit issued to him, to any other person; (b) possess or attempt to operate pursuant to a licence or permit issued to another person; or [Rev. 2012] F7 - 33 [Issue 1] (c) having been disqualified from holding a licence or permit under the Act or these Regulations, apply for a licence without disclosing to the licensing officer the disqualification. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. 53. Requirement to provide data (1) The holder of any licence, certificate or permit issued under the Act or these Regulations shall submit at any time as the Director may specify, data or information in respect of his business in the form prescribed by the Director. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. PART VII – TROUT FISHING 54. Powers to regulate trout fishing (1) The Director may from time to time, by notice in the Gazette— (a) declare any water or part thereof to be open for the purpose of trout fishing either generally by any person, or exclusively by members of a specified club or association; provided that any exclusive right granted under this regulation may be withdrawn in such manner and in such circumstances as the Director may prescribe; (b) declare a closed season for the purpose of trout fishing in any water, or part thereof, which has previously been declared open for trout fishing under subparagraph (a); (c) specify the maximum number of trout, which may be taken from the water by any person, during a specified period; (d) stipulate the minimum size below which a trout taken from the water shall not be killed but be returned to the water; (e) stipulate the type and size of hook or lure which may be used in any water for the purpose of fishing for trout; (f) stipulate the maximum number of persons who may fish for trout in any water during a specified period; and (g) control the entry into, and the use and occupation of, a fishing camp by any person and prescribe the fees to be paid therefore. (2) For the purpose of this regulation— (a) the waters presently declared open for trout fishing shall be those specified in the Third Schedule; and (b) the number of trout presently authorised to be taken under paragraph (1)(c) is five trout per day by any licensee. 55. Prohibited trout fishing activities (1) No person shall— (a) fish for trout unless he is in possession of a valid licence issued to him under these Regulations; [Rev. 2012] [Issue 1] F7 - 34 (b) fish for trout, except with a rod and line held in the hand and furnished with an artificial lure provided that— (i) where more than one lure are fixed on the same line to be used simultaneously, the lure shall not be fixed at less than one metre centres from each other; and (ii) nothing in this regulation shall prohibit the use of a landing net to remove from the water any trout being lawfully taken under this regulation; (c) in any water fish for any trout unless that water has been declared by the Director to be open for the purpose of trout fishing exclusively by members of a club or association, no person other than members of that club or association or those authorized by the club or association shall fish trout in that water; (d) fish for trout in violation of any provision published by notice in the Gazette; (e) enter, use or occupy a fishing camp in contravention of any provision published by notice in the Gazette under regulation 54 or refuse to pay any prescribed fee when requested to do so by an authorized officer. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. 56. Offence to damage fishing camp and property (1) No person shall damage, alter or obliterate any dam, bridge, structure or river improvement work, fishing camp, mark, sign, notice board lawfully constructed, erected or issued by or under the authority of the Director. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. PART VIIA – CRUSTAE FISHING 56A. The Director may, from time to time and on the basis of scientific evidence, by notice in the Gazette— (a) declare any fishery water or part thereof to be open for the purpose of fishing for crustacean; (b) specify the times between which prawn fishing may be carried out; (c) prescribe the gears or methods to be applied during fishing for crustaceans in order to reduce by-catch; (d) prescribe the Monitoring Control and Surveillance system(MSC) mandatory use of Vessel including Monitoring System(VMC) and other surveillance systems; (e) specify total allowable catch (TAC) and determine the fee to be paid as royalty; (f) specify the most suitable and economical methods of disposal of by-catch, if any, that may be obtained during crustacean fishing; (g) declare a closed season for crustacean fishing in any water which had previously been declared open for crustacean fishing under paragraph (a). [L.N. 77/2010, s. 4.] [Rev. 2012] F7 - 35 [Issue 1] 56B. No person shall fish for crustaceans— (a) unless he is in possession of a valid crustacean fishing licence issued under these Regulations; (b) unless he has paid the fees prescribed in the First Schedule to these Regulations; (c) in contravention of any directions or conditions issued by the Director under regulation 56A. [L.N. 77/2010, s. 4.] (1) The owner of a fishing vessel shall, for the purpose of collection scientific data and carrying out such other management and enforcement activities— (a) cause the vessel to proceed to such places and at such times as may be designated by the Director for the purpose of embarking and disembarking the observers; (b) provide, at no cost to the observer or the Government of Kenya, accommodation and food for the observer aboard the fishing craft, equivalent to those provided to the officers of the fishing craft; (c) allow the observer to use the craft’s communications equipment and personnel as necessary for the transmission and receipt of messages; and (d) provide all other reasonable assistance to enable the observer to carry out his duties. (2) A person who contravenes this regulation commits an offence is liable on conviction to a fine of not less than ten thousand shillings or to imprisonment for a term not exceeding two years or to both. [L.N. 77/2010, s 4.] PART VIII – IMPORTATION OF LIVE FISH 57. Importation of live fish (1) Any person importing live fish shall, on arrival of the fish in Kenya, present the fish to a fisheries officer at the port of entry for inspection for verification of declaration identity and certification of being free from any disease; and the fisheries officer may order such fish to be placed under quarantine for such period as he may determine for purpose of confirming the fish free from any disease. (2) Where on arrival fish is confirmed diseased, the fisheries officer shall refuse such fish entry into the country and order the same destroyed immediately; and where the disease is discovered when the fish is in quarantine, the fisheries officer shall refuse the release of such fish to the importer and order the fish to be destroyed. (3) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. PART IX – RESTRICTION ON PURCHASE OF FISH 58. Restriction on purchase of fish (1) No person shall buy fish from any person other than— (a) Deleted by L.N. 88/2006, s. 11; (b) a licensed fisherman; (c) Deleted by L.N. 88/2006, s. 11 (d) a fisherman’s co-operative society. [Rev. 2012] [Issue 1] F7 - 36 (2) Paragraph (1) shall not apply to a person buying from a catering institution fish already prepared for eating. (3) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. PART X – PREVENTION OF POLLUTION AND PROTECTION AND CONSERVATION OF FISHERY WATERS 59. Pollution prevention zone For purposes of protecting the aquatic environment and ecology the Kenya fishery waters are hereby declared to be a pollution prevention zone. 60. Pollution and abandoned fishing gear (1) Except in the cases of emergency involving safety of a fishing craft or crew, no person shall intentionally or negligently place or discharge into Kenya fishery water, any article, including abandoned fishing gear, or pollutant which may— (a) cause harm to any fisheries resource or marine mammal; (b) interfere with fishing or obstruct fishing gear or vessels; or (c) become a hazard to navigation. (2) In the event of an accidental placing or discharge of such articles or pollutant into the fishery water or in the event of encountering such articles, the person involved or master of the craft shall immediately report the incident to the Director giving the following information — (a) the name of the reporting person and the name and call sign of his craft, if any; (b) the nature of the article disposed or encountered; (c) the location of the article or pollutant spill; and (d) the time and date of the incident. (3) All fishing gear which is set or otherwise deployed so that it may entrap or otherwise catch fish shall be attended at all times. (4) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. 61. Movement of boat or gear to other waters (1) Any person who intends to move a boat or fishing gear from a body of water into another body of water within inland waters of Kenya, or anything else already placed in that body of water, shall notify a fisheries officer under whose charge the waters from which the vessel or equipment is to be moved fall. (2) The fisheries officer shall inspect the vessel or equipment to be sure that the necessary action has been taken to prevent unauthorized spread of weeds, fish or other organisms to other fishery water bodies from the vessel or equipment that is moved. (3) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. [Rev. 2012] F7 - 37 [Issue 1] 62. Fish stocking (1) No person shall place or by act of omission cause to be placed any species of fish in any body of water without authority issued in writing by the Director, except where— (a) the fish species being so placed previously occurred in the same body of water prior to being fished thereon; or (b) a fish farmer is stocking his pond with fish obtained from another fish farmer with whom he shares the same water catchment area. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. PART XI – PRIVATE MARKS FOR FISHING GEAR 63. Assignment of private mark (1) The Director may assign to each fisherman in an area a private mark for the purpose of identifying fishing gear belonging to the fisherman. (2) Each fisherman to whom a private mark has been assigned for the purpose of identification of his fishing gear shall pay to the Director the fee specified in the Second Schedule. (3) The Director shall cause to be kept a register of private marks assigned to the fishermen for the purpose of identification of fishing gear. (4) A notice showing the private mark and the person in whose name it is registered shall be exhibited at a place where the register is kept during the currency of the registration. (5) Assignment and registration of a private mark shall be current until 31st December of the year in which it is registered, and may be renewed each year by payment of the fee specified in the Second Schedule. (6) No private mark shall be registered in the name of more than one person. 64. Transfer of private mark (1) When a fisherman wants to transfer his registered private mark to another fisherman, the person from whom the private mark shall be transferred together with the person to whom the same shall be transferred, shall jointly submit to the Director, an application signed by both parties requesting entry in the register of change of the name of the person to whom the private mark is assigned. (2) Upon approval of the application, the Director shall cancel from the register the name of the person from whom the private mark has transferred and in lieu thereof enter in the register the name of the person to whom the same has been transferred. 65. Prohibition relating to private marks (1) No person who has been assigned a private mark under regulation 63 shall use for fishing in Kenya fishery waters any fishing gear which is not clearly and distinctively marked with the private mark. (2) No person shall affix to any fishing gear or craft a private mark which is registered in the name of another. (3) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. [Rev. 2012] [Issue 1] F7 - 38 66. Reporting of loss or finding of marked gear (1) Any person who loses fishing gear or article or any person who finds fishing gear or article bearing the private mark of another person shall within forty-eight hours, report the loss or findings thereof to a fisheries officer or police officer, having jurisdiction over the area where the loss or finding has occurred. (2) The officer shall cause such report to be entered into the occurrence register kept for purposes of recording lost or found articles and immediately thereafter publish by circulating to various landing stations, the details of information relating to the lost or found gear. (3) Any person who fails to report to a fisheries officer or police officer within forty-eight hours, the finding of the fishing gear or article bearing the private mark of another person shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. PART XII – ENFORCEMENT PROVISIONS 67. Production of licence (1) Any licence issued pursuant to the provisions of the Act or these Regulations shall, on demand, be produced to an authorised officer. (2) Where the person from whom the licence is demanded claims to have been issued with a licence but he is unable to produce it on demand, the authorized officer may, at his discretion, impound and detain the item in respect of which the licence is demanded until the licence is produced and where the items are of perishable nature, the authorized officer may dispose of them as provided for under section 18(6) of the Act. (3) Any cost accruing or consequential to holding of items impounded under paragraph (2) shall be charged to and paid by the owner of the items or his agent before the items are released. 68. Obstruction (1) No person shall— (a) wilfully delay or obstruct an authorized officer in the exercise of his powers under the Act or in accordance with the provisions of these Regulations; or (b) refuse or fail to answer any questions, or furnish any information, or produce any document or furnish any means of inspection, when requested to do so under the Act, or these Regulations. (2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both. 69. Presumptions In all proceedings arising out of the provisions of these Regulations, it shall be presumed, until the contrary is proved, that— (a) the person registered as the owner of a vessel used for fishing is the owner of that vessel; (b) a person present in a vessel when the vessel is being used for fishing, or for the transport of fresh fish, is fishing; (c) a vessel being used for fishing is being so used with the consent of the registered owner thereof; and [Rev. 2012] F7 - 39 [Issue 1] (d) any fishing gear marked with a private mark registered under these Regulations is the property of the registered owner of the mark. FIRST SCHEDULE [Rev. 2012] [Issue 1] F7 - 40 [Rev. 2012] F7 - 41 [Issue 1] [Rev. 2012] [Issue 1] F7 - 42 [Rev. 2012] F7 - 43 [Issue 1] [Rev. 2012] [Issue 1] F7 - 44 [Rev. 2012] F7 - 45 [Issue 1] [Rev. 2012] [Issue 1] F7 - 46 [Rev. 2012] F7 - 47 [Issue 1] [Rev. 2012] [Issue 1] F7 - 48 [Rev. 2012] F7 - 49 [Issue 1] [Rev. 2012] [Issue 1] F7 - 50 [Rev. 2012] F7 - 51 [Issue 1] [Rev. 2012] [Issue 1] F7 - 52 [Rev. 2012] F7 - 53 [Issue 1] [Rev. 2012] [Issue 1] F7 - 54 SECOND SCHEDULE [L.N. 88/2006, s. 13, L.N. 128/2007, s. 7.] FISHERIES (GENERAL) REGULATIONS FEES FOR REGISTRATION, LICENCE, PERMITS AND OTHER CHARGES THIRD SCHEDULE [Regulation 54(a).] FISHERIES (GENERAL) REGULATIONS WATER DECLARED OPEN FOR PURPOSES OF TROUT FISHING [Rev. 2012] F7 - 55 [Issue 1] FOURTH SCHEDULE [Regulation 42(1), L.N. 40/1997, s. 2.] FISHERIES (GENERAL) REGULATIONS DESIGNATED FISH LANDING STATIONS [Rev. 2012] [Issue 1] F7 - 56 [Rev. 2012] F7 - 57 [Issue 1] [Rev. 2012] [Issue 1] F7 - 58 [Rev. 2012] F7 - 59 [Issue 1] [Rev. 2012] [Issue 1] F7 - 60 [Rev. 2012] F7 - 61 [Issue 1] [Rev. 2012] [Issue 1] F7 - 62 FIFTH SCHEDULE [Regulation 43(6).] FISHERIES (GENERAL) REGULATIONS Fish Measurements 1. Definitions (a) Standard length (SL) is the length from the interior end of upper lip to the root of the caudal fin. (b) Total length (L) is the sum of standard length and any projecting part of the lower jaw and length of caudal fin. (c) Depth of body is the greatest depth, excluding fins. (d) LCF length of caudal fin. (e) L head length of head.