Fishing Offenses & Infractions

Fisheries Management and Development Act

Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?

  • Article 31

    (1) The Director-General shall by notice in the Gazette give notice of any international conservation and management measures recognized by Kenya for the purposes of this Act.

  • Article 32

    (1) Where the Director-General has reason to suspect that a foreign fishing vessel is, or has been, involved in the contravention of an international conservation or management measure in areas beyond the national jurisdiction of Kenya, the Director-General may, and in cases where such measure has been notified pursuant to section 31(1) — (a) provide to the appropriate authorities of the flag State, relevant coastal States, relevant regional fisheries management organization and others as appropriate, relevant information, including any available evidence, relating to such contravention; (b) request immediate investigations by the flag State; (c) when such foreign fishing vessel is in a port in Kenya, promptly notify the appropriate authorities of the flag State of the vessel accordingly; and (d) take additional measures in conformity with international law, including such measures as the flag State of the vessel has expressly requested or to which it has consented and any measures agreed through the relevant regional fisheries management organization.

  • Article 87

    (1) In approving or renewing licences and authorizations pursuant to this Act, and in setting the level of any performance bond required pursuant to section 134, the Director-General shall take into account the extent to which the relevant fishing vessel, including its operator or other relevant person, as appropriate, has — (f) in the case of an operator or person, complied with applicable laws of other States and international conservation and management measures;

Does the law/regulation contain any provisions prohibiting the targeting of marine mammals?

  • Article 46

    (1) Subject to subsection (3) no person shall engage in fishing for marine mammals in the Kenya fishery waters or use any port in Kenya for equipping or supplying a vessel intended to be used for fishing for marine mammals. (2) Any marine mammal caught either intentionally or unintentionally shall be released immediately and returned to the waters from which it was taken with the least possible injury.