FISHERIES (GENERAL) REGULATIONS (2012)
Vessel Registration & License Management
What qualifications does the law/regulation give for a vessel to qualify as a local vessel?
Article 3
(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. (6) Any person who contravenes this regulation shall be guilty of an offense and shall be liable to the penalties set forth in section 7 of the Act.
What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?
Article 33
(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. (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.