The Fisheries Management and Development Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
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Executive
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Final
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Kenya Fisheries Service Established
Establishes the Kenya Fisheries Service as a body corporate responsible for the conservation, management, development, and sustainable use of Kenya’s fisheries resources. The Service is tasked with setting conservation goals, regulating fish safety and quality, approving research, and coordinating monitoring, control, and surveillance (MCS) units (Sections 7 and 9).
New Licensing and Vessel Registration Regimes
Requires a valid licence for industrial, semi-industrial, and commercial artisanal fishing vessels, as well as for commercial aquaculture and ornamental fishing (Section 84). County governments are assigned the responsibility to register and issue licences for recreational fishing vessels (Section 84(2)), while subsistence fishers are exempt from licensing but must be registered.
Severe Penalties to Combat Illegal Fishing
Introduces high pecuniary penalties to deter illegal fishing activities in Kenya's fishery waters:
- Illegal Foreign Fishing: Operating an unlicensed foreign fishing vessel in Kenyan waters carries a fine of up to KSh 50 million, imprisonment for over one year, or both (Section 125).
- Obstruction of Officers: Assaulting, resisting, or obstructing authorized officers, inspectors, or observers carries a minimum fine of KSh 50 million, up to 10 years' imprisonment, or both (Section 156).
- Prohibited Fishing Gear: Using explosives, poison, or electric shock devices for fishing attracts a fine of up to KSh 5 million, up to 3 years' imprisonment, or both for industrial fishing (Section 42).
Kenya Fish Marketing Authority Created
Establishes the Kenya Fish Marketing Authority to develop, implement, and coordinate a national fish marketing strategy. Its functions include enhancing market access locally and internationally, promoting sustainable fish trade, and enforcing fisheries trade rules (Sections 198 and 200).
Bill No.
Senate Bills No. 18 of 2024
Gazette No.
Supplement No. 74 of 2024
Sponsor
AARON CHERUIYOT
Background
The Fisheries Management and Development Bill, 2024 seeks to align the governance of the fisheries sector with the Constitution of Kenya, 2010 and the national development objectives of Vision 2030. The Bill intends to provide a modern, comprehensive framework for the sustainable use of marine and aquatic resources at both national and county levels, while incorporating international and regional instruments governing global fisheries.
Key Amendments
The Bill repeals the Fisheries Management and Development Act (Cap. 378) and transfers its mandates to the newly created entities. It also makes consequential amendments to other statutes in the Fourth Schedule:
- The Agriculture, Fisheries and Food Authority Act (Cap. 317): Excises the word "Fisheries" from the title, short title, and functions of the Authority to remove fisheries and aquaculture from its mandate.
- The Kenya Agricultural and Livestock Research Act (Cap. 319): Removes references to "marine and fisheries" and "fisheries production" from its research mandate.
New Obligations
- Commercial Aquaculture: Operators must obtain an aquaculture licence from the Director-General and secure an environmental impact assessment licence (Sections 116 and 118). Operators must prevent fish escapement into the wild and report any escape within 12 hours (Section 69).
- Vessel Monitoring Systems (VMS): Industrial fishing vessel operators must install, maintain, and operate an automatic location communicator to transmit real-time data to the Service (Section 99 and Section 157).
- Observer Programme: Operators of industrial vessels must carry designated observers on board to monitor, record, and report on scientific, management, and compliance data (Section 99 and Section 147).
- Landing and Transhipment: Industrial vessels must meet specific landing obligations (ranging from 30% for purse seiners and longliners to 70% of bycatch for shrimp trawlers) in the local market (Section 99(1)(k)). Transhipment at sea is prohibited without authorization (Section 127).
Penalties
- Water Pollution: Discharging any toxic or hazardous substance into Kenyan fishery waters that adversely affects fish health carries a fine of up to KSh 5 million, imprisonment for up to 10 years, or both (Section 49).
- Illegal Foreign Fishing: Fines of up to KSh 50 million and/or imprisonment for over 1 year for foreign vessels operating illegally in Kenyan waters (Section 125).
- Non-compliance with VMS: Tampering with or rendering VMS equipment inoperative carries a fine of at least KSh 10 million, imprisonment for up to 10 years, or both (Section 157(7)).
- Falsification of Information: Providing false or misleading information under the Act carries a fine of up to KSh 350,000, imprisonment for up to 3 years, or both (Section 79).
Transitional Provisions
Upon commencement of the Act, all licenses and permits under the repealed Act remain in force until they expire or are revoked. Property, assets, liabilities, and existing contracts of the former fisheries council, service, and authority are vested in the new Kenya Fisheries Service, Kenya Fisheries Advisory Council, and Kenya Fish Marketing Authority. Public officers previously employed by the former bodies are deemed to be employed by the new entities under the same terms (Section 210).
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