Fisheries Management and Development (Inland Fisheries) Regulations, Legal Notice no. 56 of 2024

Kenya Subsidiary Legislation, 2024 " 888 LEGAL NOTICE NO. 56 THE FISHERIES MANAGEMENT AND DEVELOPMENT ACT (Cap. 378) THE FISHERIES MANAGEMENT AND DEVELOPMENT (INLAND FISHERIES) REGULATIONS, 2024 ARRANGEMENT OF REGULATIONS Regulation PART I—PRELIMINARY 1—Citation. 2—Interpretation. 3—Purpose. 4—Scope of application. PART II—REGISTRATION OF FISHING VESSELS 5—Artisanal inland fishing vessel registration certificate. 6—Semi-industrial inland fishing vessel registration certificate. 7—Transfer of registration certificate. 8—Record of inland fishing vessels. PART III—LICENSING OF ARTISANAL FISHERS 9—Artisanal inland fisher’s licence. 10—Validity of artisanal inland fisher’s licence. 11—Artisanal inland fishing vessel licence. 12—Validity of artisanal inland fishing vessel licences. 13—Seaworthiness of artisanal fishing vessel and safety of crew. 14—Fish trader’s licence. 15—Fish movement permit. 16—Live fish movement permit. PART IV— FRESHWATER ORNAMENTAL FISHERIES 17—Freshwater ornamental fishing licence. 18—Conditions of licence. 19—Crustacea dealer’s licence. PART V— CONSERVATION AND MANAGEMENT MEASURES 20—Movement of artisanal fishing vessel or gears to other water bodies. 21—Landing of fish 22—Discards. Kenya Subsidiary Legislation, 2024 889 " 23—Protection of anadromous, catadromous and potamodromous fish. 24—Introduction of fish species. 25—Minimum and maximum landing size of fish. 26—Protection of breeding areas. 27—Fishing in protected areas. PART VI–FINAL PROVISION 28—Replacement of licence or certificate. SCHEDULES First Schedule - Forms Second Schedule – Fees ! ! Kenya Subsidiary Legislation, 2024 " 890 THE FISHERIES MANAGEMENT AND DEVELOPMENT ACT (Cap. 378) IN EXERCISE of the powers conferred by section 208(2)(o) of the Fisheries Management and Development Act, 2016, the Cabinet Secretary for Mining, Blue Economy and Maritime Affairs makes the following Regulations— THE FISHERIES MANAGEMENT AND DEVELOPMENT (INLAND FISHERIES) REGULATIONS, 2024 PART I—PRELIMINARY 1.! These Regulations may be cited as the Fisheries Management and Development (Inland Fisheries) Regulations, 2024. Citation. 2. In these Regulations, unless the context otherwise requires— Interpretation. “Act” means the Fisheries Management and Development Act; Cap. 378. “anadromous” means fish that migrate from open water bodies to river systems to spawn; “artisanal fisher” means any person employed or engaged in any capacity on board an artisanal fishing vessel; “catadromous” means fish species that inhabit freshwater but migrate into salty water to breed and return to freshwater after spawning; “fishing trip” means the period commencing from the time a fishing vessel prepares to depart from a landing site to the time it returns to a landing site to land or transship its catch; “inland fishery waters” means any fresh or brackish waters on the landward side of the Kenyan coastline and any freshwater to the outer limits of the areas under national jurisdiction as agreed with riparian States in shared water bodies; “ornamental fisher” means any person employed or engaged in fishing and fishing related activities for colourful fishes, fishes kept as pets in confined spaces and it includes aquarium fisher; “potamodromous” means fish species that inhabit the sea but migrate to freshwater to spawn and return to sea after spawning; “protected area” means an area that has been declared as such in accordance with section 47 of the Act; “registration certificate” means an artisanal inland fishing vessel registration certificate or semi-industrial fishing vessel registration certificate issued in accordance with regulation 5 and 6 respectively; “semi industrial fisher” means any person employed or engaged in any capacity on board a semi-industrial fishing vessel; and “subsistence fisher” has the meaning assigned to it under section 2 of the Act Kenya Subsidiary Legislation, 2024 891 " 3. The purpose of these Regulations is to— Purpose. (a)! provide for modalities of accessing Kenya inland fishery waters; (b)! promote the realization of economic benefits from Kenya inland fishery resources; (c)! provide for fees and other charges for promoting development of artisanal fishers; (d)! promote management and conservation of inland fishery resources; and strengthen monitoring, control and surveillance within Kenya inland fishery waters. 4. These Regulations shall apply to any person, vessel or other craft undertaking any fishing or a fishing related activity falling within the scope of the Act in Kenya inland fishery waters. Scope of application. PART II – REGISTRATION OF ARTISANAL FISHING VESSELS 5. (1) No person shall use an artisanal fishing vessel for fishing in Kenya inland fishery waters without an artisanal fishing vessel registration certificate. Artisanal inland fishing vessel registration certificate. (2) Prior to making an application for a registration certificate for an artisanal fishing vessel, the owner of the vessel shall ensure that the artisanal fishing vessel has been— (a)! vetted in accordance with the Rules of the beach management unit in which the owner of the vessel is a member; and (b)! inspected by an authorized officer. (3) An application for a registration certificate shall be made to the Director-General, through the County Director of Fisheries of the County where the beach management unit under sub-regulation 2(a) is located, in Form IFR/A1 set out in the First Schedule. (4) Within fifteen days of receipt of the application under sub regulation (3), the Director-General shall consider the application and notify the applicant and the County Director of Fisheries of the decision made on the application. (5) Where the application under this regulation is approved, the Director-General shall issue a registration certificate upon payment of the fee specified in the Second Schedule. (6) Where the application under this regulation is not approved, the Director-General shall indicate the reasons for refusal in the notice issued in sub regulation (4). (7) Upon issuance of the certificate under sub-regulation (5), the County Director of Fisheries shall— (a)! allot an identification mark to the fishing vessel in respect of which an artisanal fishing vessel certificate is issued; and Kenya Subsidiary Legislation, 2024 " 892 (b)! cause an entry of the allotted identification mark to be made in the record of artisanal fishing vessels. (8) Any person who contravenes sub-regulation (1) commits an offence and shall be liable, on conviction, to the penalty prescribed under section 103(3) of the Act. 6.! (1) No person shall use a semi-industrial fishing vessel for fishing in Kenya inland fishery waters without a registration certificate. Semi-industrial inland fishing vessel registration certificate. (2) Prior to making an application for a registration certificate, the owner of the semi-industrial fishing vessel shall ensure that the fishing vessel has been— (a)! vetted in accordance with the Rules of the beach management unit in which the owner of the vessel is a member; and (b)! inspected by an authorized officer. (3) An application for registration certificate shall be made to the Director-General, through the County Director of Fisheries of the County within which the Beach Management Unit referred to in sub regulation (2)(a) is located, in Form IFR/A1 set out in the First Schedule. (4) Within fifteen days of receipt of the application under sub regulation (3), the Director-General shall consider the application and notify the applicant and the County Director of Fisheries of the decision made on the application. (5) Where the application under this regulation is approved, the Director-General shall issue a registration certificate upon payment of the fee specified in the Second Schedule. (6) Where the application under this regulation is not approved, the Director-General shall indicate the reasons for refusal in the notice issued in sub regulation (4). (6) Upon issuance of the certificate under sub-regulation (5), the County Director of Fisheries shall— (a)! allot an identification mark on the registered semi-industrial fishing vessel; and (b)! cause an entry of the allotted identification mark to be made in the record of the semi- industrial fishing vessels. (7) Any person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the penalty set out in section 103(3) of the Act. 7. (1) Where there is a transfer in ownership of a registered artisanal fishing vessel, the owner and the new owner shall jointly submit to the respective County Director of Fisheries, an application for the transfer of the registration certificate. Transfer of registration certificate. (2) An application for transfer under this regulation shall contain the following information— Kenya Subsidiary Legislation, 2024 893 " (a)! names and addresses of the owner and the new owner; (b)! documentary evidence of the transfer and acquisition of the certificate of ownership; (c)! signature of both parties; and (d)! an attestation by an independent witness. (3) Where an application for transfer under this regulation is approved, the County Director of Fisheries shall— (a)! cancel the name of the owner from the record of artisanal fishing vessels and enter the name of the new owner; and (b)! change the name of the owner on the registration certificate and submit, through the County Executive Committee Member responsible for fisheries, the details of such transfer to the Director-General. 8. (1) The County Director of Fisheries in every County shall maintain a record of artisanal inland fishing vessels registered under these Regulations. Record of artisanal inland fishing vessels. (2) The record of artisanal inland fishing vessels shall contain the following information— (a)! the name and address of the owner; (b)! name of the beach management unit where the vessel owner is registered; (c)! the technical characteristics of the vessel including length, width and engine power; (d)! the identification marks; (e)! the type of fishing gears used; and (f)! any other relevant information that the County Director of Fisheries may consider necessary. (3) The County Director of Fisheries in every County shall submit, every three months, a copy of the record of inland artisanal fishing vessels to the Director-General. PART III – LICENSING OF ARTISANAL FISHERS 9. (1) A person shall not engage in artisanal fishing in Kenya inland fishery waters unless that person— Artisanal inland fisher’s licence. (a)! holds an artisanal inland fisher’s licence; or (b)! is an employee of the owner of an artisanal fishing vessel and is fishing in accordance with the terms and conditions of the artisanal inland fisher’s licence issued to the owner of the vessel. (2) The provisions of sub-regulation (1) shall not apply to a subsistence fisher. Kenya Subsidiary Legislation, 2024 " 894 (3) An application for an artisanal inland fisher’s licence shall— (a)! be made by a member of a beach management unit in accordance with applicable beach management unit rules to the Director-General through the County Director of Fisheries in the County within which the beach management unit is located; and (b)! be in Form IFR/A1 set out in the First Schedule. (4) Within fifteen days of receipt of the application, the Director General shall consider the application and notify the applicant through the County Director of Fisheries of the decision made on the application. (5) Where the application under this regulation is approved, the Director-General shall issue an artisanal inland fisher’s licence upon payment of the fee specified in the Second Schedule. (6) Where the application under this regulation is not approved, the Director-General shall indicate the reasons for refusal in the notice issued under sub regulation (1). (7) Any person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the penalty prescribed in section 124(3) of the Act. 10. An artisanal fisher’s licence shall be valid for one calendar year in the Kenya inland fishery waters and shall be subject to any limitation that may be in effect in accordance with a fisheries management plan. Validity of artisanal fisher’s licence. 11. (1) Pursuant to section 84(1) of the Act, a person shall not use an artisanal fishing vessel for fishing in the Kenya inland fishery waters without a valid artisanal fishing vessel licence. Artisanal fishing vessel licence. (2) The owner of an artisanal fishing vessel shall apply for an artisanal inland fishing vessel licence for an artisanal inland fishing vessel registered in accordance with these Regulations. (3) An application for an artisanal inland fishing vessel licence shall— (a)! be made to the Director-General through the County Director of Fisheries in the County where the fishing vessel is recorded; (b)! be made in the Form IFR/A1 set out in the First Schedule; and (c)! be accompanied by the following documents and information— (i)! the name, address and details of the owner of the vessel; (ii)! the name of the vessel; (iii)! a copy of the artisanal fishing vessel certificate; Kenya Subsidiary Legislation, 2024 895 " (iv)! the identification mark of the vessel; (v)! the certificate of seaworthiness; (vi)! the length of the vessel; (vii)! the power of the engine in horse power; (viii)! the number of crew; (ix)! the type of fishing gears used; and (x)! any other relevant information that the Director General may consider necessary. (4) Within fifteen days of receipt of the application under sub regulation (3), the Director-General shall consider the application and notify the applicant through the County Director of Fisheries of the decision made on the application. (5) In considering the application under sub-regulation (3), the Director-General shall have due regard to the extent to which the fishing vessel and its operator have— (a)! complied with all applicable vessel recording requirements; (b)! the ability to comply with, or has complied with the Act and these Regulations and any applicable licensing terms and conditions or fisheries management plan; (c)! complied with applicable bilateral, regional and international obligations of Kenya; (d)! provided all required data and information; and (e)! where the applicant has been convicted of any offence under the Act or these Regulations, complied with the requirements of the judgment. (6) Where an application under this regulation is approved, the Director-General through the respective County Director of Fisheries shall issue an artisanal inland fisher’s licence on such conditions as may be specified in the licence and upon payment of the fee specified in the Second Schedule. (7) The Director-General may reject an application under this regulation where— (a)! the issuance of a licence would be contrary to any applicable fisheries management plan; or (b)! the applicant has been charged and convicted with an offence pursuant to the Act or these Regulations more than two times and has— (i)! not submitted to judicial or administrative procedures; or (ii)! submitted to judicial or administrative procedures but has not fully complied with the final decision or determination. Kenya Subsidiary Legislation, 2024 " 896 (8) An applicant who is aggrieved by the decision of the Director- General under sub-regulation (7) may lodge an appeal in accordance with section 97 of the Act. (9) Any person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the penalty prescribed in section 124(3) of the Act. 12. An artisanal inland fishing vessel licence shall be— Validity of artisanal inland fishing vessel licence. (a)! be valid for a period of one calendar year from the date of issuance; (b)! apply to a water body specified in the licence; and (c)! be subject to any limitations or spatial or temporal restrictions in effect in accordance with a fisheries management plan, a protected area management plan or any conservation and management measures in these Regulations. 13. (1) No licensed fishing vessel shall proceed on a fishing trip unless it meets the standards for seaworthiness and safety of life at sea applicable to that class of the vessel. Seaworthiness of fishing vessels and safety of crew. (2) Where on inspection of any licensed fishing vessel, an authorized officer determines that the vessel is unseaworthy or is not equipped with the required safety equipment, the officer may revoke or suspend the licence of the vessel until it meets the applicable standards for seaworthiness and safety of life at sea. (3) Any person who contravenes sub-regulation (1) commits an offence and shall liable on conviction to the penalty prescribed in section 90(6) of the Act. 14. (1) No person shall trade in fish or fish products from inland fishery waters without a valid fish trader’s licence. Fish trader’s licence. (2) An application for a fish trader’s licence shall be— (a)! made to the respective County Director of Fisheries in the County where the fish trader’s main place of business is located; (b)! made in the Form IFR/A1 set out in the First Schedule; and (c)! contain the following information– (i)! the name of the individual, company or body corporate; (ii)! the address of the main place of business and other places of business in Kenya, if any; (iii)!the species of fish and fish products to be traded in; and (iv)!any other relevant information that the County Director of Fisheries may consider necessary. Kenya Subsidiary Legislation, 2024 897 " (3) Within fifteen days of receipt of the application under this regulation, the County Director of Fisheries shall consider the application and notify the applicant of his decision. (4) Where an application under sub-regulation (2) is approved, the County Director of Fisheries shall issue a fish trader’s licence to the applicant upon payment of the fee specified in the Second Schedule. (5) Where an application under sub-regulation (2) is not approved, the County Director of Fisheries shall indicate the reasons for refusal in the notice issued under dub regulation (3). (6) No fish trader shall deal in fish or fish products before it is landed at a designated landing station or port in Kenya. (7) A fish trader’s licence shall be valid in the County where it is issued for a period of one calendar year. (8) This regulation shall not apply to trading in species of fish for which a specific trading licence is required. (8) Any person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the penalty prescribed in section 124(3) of the Act. 15. (1) No person shall, for the purpose of trade, move fish or fish products from Kenya inland fishery waters without a valid fish movement permit. Fish movement permit. (2) An application for a fish movement permit under sub regulation (1) shall be made to the respective County Director of Fisheries in the County where the consignment originates in the Form IFR/A1 set out in the First Schedule. (3) Upon receipt of the application under this regulation, the County Director of Fisheries shall consider the application and notify the applicant of his decision. (4) Where the application under sub-regulation (2) is approved, the County Director of Fisheries shall issue a fish movement permit to the applicant upon payment of the fee specified in Second Schedule. (5) Where the application under sub-regulation (2) is not approved, the County Director of Fisheries shall indicate the reasons for refusal in the notice issued under sub regulation (3). (6) Where the permit is to be issued in respect of a vehicle or a vessel, the identification and registration details of the vehicle or vessel shall be entered in the fish movement permit before it is issued. (7) The holder of a permit under this regulation shall cause the permit to be carried and exhibited at all times in the vehicle or vessel. (8) The fish movement permit shall not be transferred to or used by any other vehicle or vessel. (9) The fish movement permit shall be valid for one calendar year throughout the Kenyan territory for the movement of the consignment which is specified on the fish movement permit. Kenya Subsidiary Legislation, 2024 " 898 (10) Any person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the penalty prescribed in section 124(3) of the Act. 16. (1) No person shall move live fish from one catchment area in Kenya inland fishery waters to another area without a valid live fish movement permit. Live fish movement permit. (2) An application for a live fish movement permit shall be made to the Director-General through the respective County Director of Fisheries where the water body from which the fish originates, in the Form IFR/A1 set out in the First Schedule. (3) Upon receipt of the application under this regulation, the Director-General shall consider the application and notify the applicant through the County Director of Fisheries of his decision (4) Where an application under sub-regulation (2) is approved, the Director-General shall issue a live fish movement permit to the applicant upon payment of the fee specified in the Second Schedule. (5) The live fish movement permit shall be valid throughout the Kenyan territory for the movement and consignment which is specified on the live fish movement permit. (6) Any person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the penalty set out in section124(3) of the Act. PART IV – FRESHWATER ORNAMENTAL FISHERIES 17. (1) No person shall engage in fishing or collecting ornamental fish in Kenya inland fresh waters or keep in any aquarium or other holding facility any ornamental fish for commercial purposes without a licence. Freshwater ornamental fishing licence. (2) An application for a freshwater ornamental fishing licence shall be made— (a)! by a member of a beach management unit; and (b)! to the Director-General through the respective County Director of Fisheries of the County where the Beach Management Unit is located. (3) Within fifteen days of receipt of the application under this regulation, the Director-General shall consider the application and notify the applicant and the County Director of Fisheries of his decision. (4) Where an application under sub-regulation (4) is approved, the County Director of Fisheries shall issue a freshwater ornamental fishing licence to the applicant upon payment of the fee specified in the Second Schedule. (5) Where an application under sub-regulation (4) is not approved, the County Director of Fisheries shall indicate the reasons for refusal in the notice issued in sub regulation (3). Kenya Subsidiary Legislation, 2024 899 " (6) Any person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the penalty prescribed in section 124(3) of the Act. 18. (1) The holder of a freshwater ornamental fishing licence shall not engage in fishing for, or be in possession of— Conditions of licence. (a)! any other species of fish other than those specified in the licence; or (b)! more than the specified number and size of fish per species. (2) The holder of a freshwater ornamental fishing licence shall— (a)! maintain a logbook indicating, on a daily basis, all additions to the ornamental fish including post-harvest losses; and (b)! not keep, in captivity, any prohibited species. (3) Any person who contravenes sub-regulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months, or to both. 19. (1) No person shall, for the purpose of trade, deal in crustacean from Kenya inland fishery waters unless that person has a valid crustacea dealer’s licence. Crustacea dealer’s licence. (2) An application for a crustacea dealer’s licence shall be made in Form IFR/A1 set out in the First Schedule to the respective County Director of Fisheries in the County where the crustacea dealer’s main place of business is located. (3) Within fifteen days of receipt of the application, the County Director of Fisheries shall consider the application and notify the applicant of his decision. (4) Where an application under this regulation is approved, the County Director of Fisheries shall issue a crustacea dealer’s licence to the applicant upon payment of the fee specified in the Second Schedule. (5) Where an application under this regulation is not approved, the County Director of Fisheries shall indicate the reasons for refusal in the notice issued under sub regulation (3). (6) A crustacea dealer’s licence shall be valid for a period of one calendar year. (7) Any person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the penalty prescribed in section 124(3) of the Act. PART V - CONSERVATION AND MANAGEMENT MEASURES 20. (1) No person shall move an artisanal fishing vessel or fishing gear from one catchment area to another within the Kenya inland fishery waters without the written approval of the Director-General and subject to any limitations that may be in force in the fisheries management plan of the intended water body. Movement of artisanal fishing vessel or gears to other water bodies. Kenya Subsidiary Legislation, 2024 " 900 (2) A person who contravenes sub regulation (1) commits an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings or to a term of imprisonment not exceeding six months or to both. 21. (1) No person, other than a recreational fisher, shall land any fish at any point except at a designated fish landing station established pursuant to section 50 of the Act. Landing of fish. (2) Any artisanal fisher who lands fish at the fish landing station shall— (a)! cause the fish to be weighed by the representative of the beach management unit; (b)! keep or store the fish in accordance with the conditions provided in the relevant regulations on safety and quality of fish. (3) A person who contravenes sub regulation (1) commits an offence and shall be liable on conviction to a fine prescribed in section 50(4) of the Act. 22. (1) An inland fisher shall— Discards. (a)! not discard fish during fishing operations except where the fishing vessel is in distress; and (b)! retain on board the vessel all fish caught and land the fish at a designated fish landing station. (2) In the event of a distress, an inland fisher shall— (a)! notify the search and rescue center of such distress; and (b)! make a report to the Director-General of such discard as soon as practicable. (3) Upon notification under sub-regulation (2), the Director General shall prepare and share the incidence report with other relevant agencies for appropriate action. (4) A person who contravenes this regulation commits an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings or to a term of imprisonment not exceeding six months or to both. 23. (1) No person shall fish for anadromous, potamodromous and catadromous fish in the Kenya inland fishery waters. Protection of anadromous, catadromous and potamodromous fish. (2) Any person who contravenes sub-regulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months, or to both. 24. (1) No person shall introduce any fish species into an inland water body without authorization from the Director-General in accordance with the Act. Introduction of fish species. Kenya Subsidiary Legislation, 2024 901 " (2) Any person who contravenes sub-regulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months, or to both. 25. (1) No person shall land any fish whose size is less than— Minimum and maximum landing size of fish. (a)! twenty-five centimetres for tilapia from Lakes Victoria and Turkana; (b)! eighteen centimetres for tilapia from Lake Naivasha, Lake Baringo, Lake Jipe, Lake Challa and the dams of Tana River and Turkwell river; or (c)! fifty centimetres or more than eighty-five centimetres for Nile perch (Lates niloticus) from Lake Victoria and Turkana. (2) No person shall acquire, purchase, possess, sell, move or offer for sale or barter any species of fish whose landing sizes are not in conformity with sizes set out in sub-regulation (1). (3) Any person who contravenes any condition under this regulation commits an offence and shall be liable, on conviction, to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months, or to both. 26. (1) No person shall engage in fishing or in any other activity that disturbs any spawn or spawning fish in a breeding area as designated under a fisheries management plan or beach management unit co-management plan. Protection of breeding areas. (2) Any person who contravenes sub-regulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months, or to both. 27. (1) No person shall undertake fishing activities in an area that is declared as a protected area. Fishing in protected areas. (2) Any person who contravenes sub-regulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months, or to both. 28.! (1) Pursuant to section 40 (1) (b) of the Act, no person shall─ Fishing Methods. (a)! hit, disturb or splash water to drive fish into a set or drifting fishing gear in any Kenya inland fishery waters; (b)! use a drifting gill net for the purpose of catching fish in any Kenya inland fishery waters; or (c)! use seining as a method for catching Omena (Rastrineobola argentite) in shallow or mid water without a lamp in any Kenya inland fishery waters. (2) Any person who contravenes sub-regulation (1) commits an offence and shall be liable, on conviction, to a penalty set out in section 40 (2) of the Act. Kenya Subsidiary Legislation, 2024 " 902 27. (1) No person shall, by carrying out any activities, deprive a local community of its traditional access to fishing grounds in any Kenya inland fishery waters without consulting the affected community. Deprivation of Community Traditional Access to fisheries. (2) Any person who contravenes sub-regulation (1) commits an offence and shall be liable, on conviction, to the penalty prescribed under section 64 of the Act. PART VI – FINAL PROVISION 27. (1) Where any licence or certificate issued under these Regulations is lost,damaged or defaced, the licensee may apply for a duplicate copy of the licence or certificate. Replacement of a licence or certificate. (2) An application for replacement of any licence or certificate issued under these Regulations shall be made to the Director-General through the County Director of Fisheries and shall be accompanied by a replacement fee specified in the Second Schedule. Kenya Subsidiary Legislation, 2024 903 " FIRST SCHEDULE FORMS IFR/A1: General application form (r.5(3)(b), r.6(3)(c), r.9(3), r.11(3), r.14(2), r.15(2), r.16(2), r.19(2)) AFFIX PHOTO OF THE APPLICANT IFR/A1: GENERAL APPLICATION FORM Application No. ………….. 1. I/We hereby apply for........................................................................................................ ........................................................................................................................... (specify the l icence, certificate of registration or permit for which the application is made). (Refer to notes below this form) 2. (a) Name of applicant......................................................................................................... (b) Nationality................................................................................................................... ID/No./Passport No. ............................................................................................................. (c) (i) Mailing address ...................................................................................................... (ii) Telephone/Fax No. ................................................................................................ (iii) Email …………………………………………………………………………… (d) Business Location: Name of Building/Place .............................................................. L.R. No. ................................................... Street/Road …………Town .............................. County .................... Sub-County……………… 3. (a) Other than the business for which this application is made, are you involved in any other fisheries related activities? YES/NO ............................................................................................................................................... (b) If answer to (a) above is yes, please specify nature or type of business(es)/activities ................................................................................................................................................ (c) Please list any gainful occupations other than the ones mentioned in (a) and (b) above you are engaged in ............................................................................................................... 4. Details of vessel (a) (i) Name of vessel ............................................................................................................ Kenya Subsidiary Legislation, 2024 " 904 (ii) Type of vessel (Hori/Ngalawa/Ssese/Canoe/Mtaruma/Jahazi/Others). (iii) Type of hull .................................................................................... Overall Length (m ......................................................... G.R.T. ...........................N.R.T..................................... (iv) Date of Construction .................................................................................. Port of Reg. ............................................................... Reg. No. .............................................................. County of Reg. ..................................................................................................................... (v) Prime mover: Paddle/Sail/Outboard/Inboard Engine. (vi) Engine type (fuel) ......................................................................................................... Make .................................................................................................................................... HP ........................................................................................................................................ Date installed ....................................................................................................................... Engine Serial No. .................................................................................................................. (vii) Intended fishing area .................................................................................................... (viii) Proposed fishing methods ............................................................................................ ............................................................................................................................................... ............................................................................................................................................... *Delete whichever is inapplicable. (b) (i) Will the boat be exclusively used by you or will it be shared by the other licenced fishers ................................................................................................................................... Will/Will not be shared. (ii) If boat will be shared with other licenced fishers, please state the number of those fishers ................................................................................................................................... (c) Details of crew: (i) Total Number of Crew .................................................................................................... (ii) Name of Master of Vessel .............................................................................................. (iii) Nationality of Master of Vessel ..................................................................................... (iv) ID or Passport No. of Master of Vessel ........................................................................ (v) Number of Crew who are not Kenyan Citizens ............................................................ 5. Details to be supplied by corporate body applicants (a) (i) Name of company ....................................................................................................... ............................................................................................................................................... (ii) Number of certificate of incorporation or registration of business .............................................................................................................. (Please attach copy) (b) State: Kenya Subsidiary Legislation, 2024 905 " (i) Nominal Share of the Company……………………………………………………… (ii) Issued Shares…………………………………………………………………………. Name/Nationality Citizenship Passport ID/No. No. of Shares Held (c) Details of Directors Name Nationality/Citizenship Passport ID/No. No. 6. Details for sport fishing clubs (a) (i) Name of Sport fishing clubs………………………………………………………… (ii) County………………………………………………………………………………….. (iii)!Mailing address………………………………………………………………………... (iv)!Telephone/Fax No. …………………………………………………………………… (v)! Email………………………………………………………………………………….. (b) Location of the club: Name of Building/Place L.R. No. …………………………………….. Town…………………………………….. Sub-County ………………………………………………………………………………... (c) Details of office bearers Position Name Nationality/Citizenship Passport ID/No. No. Chairman Vice-Chairman Secretary Asst. Secretary Treasurer 7. Details for Mode of Transporting Fish and fish products (a) Specify the form of transport you will use to move fish/fish products. Own motor vehicle/own vessel/public transport vehicle/any other means ........................................... (b) If mode of fish/fish products movement is own vehicle/own vessel supply: (i) Make of vehicle ............................................................................................................. (ii) Registration mark and No……………………………………………………………… (iii) Load capacity (kg.) ....................................................................................................... Declaration 8. I/We declare that the particulars and information as supplied by me/us herein are true, accurate and correct in every respect. I/We understand clearly that discovery of any false information provided by me/us will render this application invalid. Kenya Subsidiary Legislation, 2024 " 906 Signature ...................................................................................... Date ................................ NAME (of Signatory) ……………………….. POSITION (in the business) ……………….. NOTES The license, registration or permit for which this application form may be used to apply includes: 1.! Artisanal inland fishing vessel registration certificate. 2.! Semi-industrial inland fishing vessel registration certificate. 3.! Artisanal inland fisher’s licence 4.! Artisanal fishing vessel licence 5.! Fish traders licence 6.! Fish movement permit 7.! Live fish movement permit 8.! Crustacea dealer’s Licence SECOND SCHEDULE (r.5(5), r.6 (5), r.9(5), r.11(6), r.14(4), r.15(4), r.16(4), r.17(4), r.19(4)) No. Item Amount (Kshs) 1. Artisanal inland fishing vessel registration certificate (Boats) 500.00 P.A 2. Artisanal inland fisher’s licence 500.00 P.A 3. Artisanal inland fishing vessel licence (Annual licence) 1, 500.00 4. Semi industrial inland fishing vessel registration certificate 50, 000.00 P.A 5. Fisher trader’s licence 300.00 P.A 6. Fish movement permit 1, 000.00 7. Live fish movement permit (not exceeding 3 tonnes) 500.00 8. Freshwater ornamental fishing licence 500.00 P.A 9. Crustacea dealer’s licence (a)! Crustacea dealer’s licence (Wet) (b)! Crustacea dealer’s licence (Dry) 1, 500.00 500.00 10. Replacement of a licence or permit 20% of the respective application fee. Made on the 13th February, 2024. SALIM MVURYA, Cabinet Secretary for Mining, Blue Economy and Maritime Affairs.