THE FISHERIES MANAGEMENT AND DEVELOPMENT BILL, 2023
Status Timeline
Proposed
Done ยท 24 Sep 2026
Public Review
Done
Debate
Active now
Executive
Pending
Final
Pending
Illegal Foreign Fishing Vessels Face KSh 50 Million Fine
Under Section 166, any foreign fishing vessel that illegally enters Kenyan fishery waters, fishes in Kenya's territorial sea, or conducts unlicensed activities faces a fine of up to KSh 50 million, imprisonment for over one year, or both, applicable to both the operator and master of the vessel.
New Fish Levy Development Fund Created to Finance Marine Projects
Section 31 establishes the Fish Levy Development Fund to support sustainable management, research, and artisanal fishing. The collected levy will be apportioned as follows:
- 20% for research and innovation allocated to KMFRI
- 20% for fish stock assessments allocated to KMFRI
- 10% for monitoring, control, and surveillance allocated to the Kenya Fisheries Service
- 10% for artisanal fishing programmes, including credit facilities and emergency search and rescue
- 5% for the fisheries observer programme
- 5% for blue economy management and governance
- 20% for capacity building, scholarships, and urgent resource mitigation
Mandatory Satellite Tracking Systems for Fishing Vessels
Section 198 mandates the installation, maintenance, and continuous operation of mobile transceiver units under a satellite-based Vessel Monitoring System (VMS) on fishing vessels. Intentionally destroying, damaging, or rendering the tracking device inoperative carries a penalty of at least KSh 10 million, imprisonment for up to 10 years, or both under Section 198(7).
Establishment of specialized five-member Fisheries Tribunal
Section 240 establishes the Fisheries Tribunal to hear appeals against administrative decisions made by the Cabinet Secretary, the Director-General, or the Service. Appointed by the Judicial Service Commission, the Tribunal consists of a Chairperson qualified as a High Court judge, two advocates with at least seven years of experience, and two fisheries experts with at least five years of experience.
Bill No.
Bill No. 29 of 2023
Gazette No.
Supplement No. 91 of 2023
Background
The Fisheries Management and Development Bill, 2023 replaces and repeals the previous Fisheries Management and Development Act (Cap 378). It is designed to provide a modern, sustainable framework for conserving, managing, and developing fisheries and other aquatic resources. Its objectives include protecting marine ecosystems, enhancing the livelihoods of fishing communities, ensuring food security, and aligning Kenya's maritime policies with international treaty obligations.
Key Provisions
- Kenya Fisheries Service (Section 10): Established as a body corporate responsible for the conservation, management, sustainable use, and protection of fisheries resources.
- Kenya Marine and Fisheries Research Institute (Section 32): Re-established as the lead government agency for marine and freshwater research, aquaculture technology, and blue economy studies.
- Beach Management Units (Section 63): County governments must establish Beach Management Units (BMUs) to facilitate structured local community participation in co-managing fisheries.
- Fisheries Tribunal (Section 240): Established to adjudicate appeals against regulatory decisions and resolve contract disputes concerning fisheries and aquaculture.
New Obligations
- Licensing Requirements (Section 125): Valid licences are required for industrial, semi-industrial, and commercial artisanal fishing vessels, as well as for commercial aquaculture and ornamental fishing.
- Subsistence Fishing Exemption (Section 126): Subsistence fishers are exempt from holding a license but must be registered with the relevant authority.
- Vessel Monitoring Systems (Section 198): Vessel operators must install and operate satellite-linked transceivers to report real-time location and catch data to the Kenya Fisheries Service.
- Employment and Crew Quotas (Section 132 & 139): Commercial licensees must prioritize Kenyan citizens for employment. Foreign fishing vessels permitted to fish in Kenyan waters must maintain a crew of at least 20% Kenyan citizens.
- Local Landing Obligations (Section 140): Industrial vessels must land a specified portion of their catch at designated Kenyan ports for local processing and sale: 30% for purse seiners, 30% for long liners, and 70% of bycatch (plus 5% of shrimp) for shrimp trawlers.
Penalties
- Obstruction of Authorized Officers (Section 197): Obstructing, resisting, delaying, or failing to assist an authorized officer carries a fine of at least KSh 50 million, up to 10 years in prison, or both.
- Pollution of Fishery Waters (Section 77): Introducing toxic or hazardous substances into Kenyan fishery waters is an offence carrying a fine of up to KSh 5 million, up to 10 years in prison, and full liability for restoring the affected habitat.
- Illegal Fishing Gear and Methods (Section 69): Using explosives, poisons, or prohibited fishing nets (such as monofilament or undersized mesh) carries a fine of up to KSh 5 million or up to 3 years in prison for industrial vessels, and up to KSh 100,000 or 3 months in prison for artisanal fishers.
- Theft and Destruction of Gear (Section 108): Stealing, damaging, or unlawfully removing the nets, boats, engines, or traps of an artisanal fisher is punishable by a fine of up to KSh 100,000, up to 3 months in prison, or both.
Transitional Provisions
Part XXI provides that all funds, assets, and properties vested in the former Institute, former Service, and former Fund shall automatically transfer to the new entities established under this Act. Subsisting licences, permits, and registrations will remain valid until their expiration or revocation. Employees of the former Kenya Fish Marketing Authority will be redeployed in the public service.
Gazettement
The Bill was published in Kenya Gazette No. 91 on 16th June 2023.
First Reading
The Bill was read a First Time in the National Assembly on 6th July 2023.
Second Reading
The Bill underwent Second Reading debate in the National Assembly on 7th April 2026.
Committee of the Whole House
The Bill was considered clause-by-clause in the Committee of the Whole House across sessions on 23rd June, 25th June, and 5th August 2026.
Third Reading
The Bill was read a Third Time and passed by the National Assembly on 5th August 2026.