(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.

(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.

(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 — (a) the ability to comply with, or has complied with this Act, relevant laws of Kenya and any applicable licensing terms and conditions or Fisheries Management Plan and such other standards as may be required in writing by the Director-General; (b) complied, and has the ability to further comply with other applicable regional and international obligations of Kenya; (c) complied with all applicable vessel registration requirements; (d) complied with all applicable requirements for pre—licensing inspections and related procedures, including as appropriate the full payment of costs for inspections; (e) provided all required data and information; (f) in the case of an operator or person, complied with applicable laws of other States and international conservation and management measures; (g) where the applicant has been convicted of any offense under this Act or any other law relevant to the activity for which application was made, the requirements of the judgment have been fully met; and (h) complied with other relevant laws of Kenya including any applicable requirements of the Merchant Shipping Act, (2) In approving or renewing licences and authorizations in respect of any fishing vessel other than a Kenya fishing vessel 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 ability of the relevant flag State to ensure compliance by its fishing vessels with the laws of Kenya. (3) An industrial or semi-industrial fishing licence shall not be issued or have legal force or effect unless the relevant vessel submits to inspection at the port of Mombasa or such other port as may be required by the Director-General, at the expense of such vessel, and it is established in writing by an inspector, or in the case of a port outside Kenya a person duly authorized by the relevant government agency to carry out the duties of an inspector, that all required licence conditions have been met, including that all gear on board is authorized pursuant to the licence. (4) A fish processing licence shall not be issued or have legal force or effect unless the county executive committee member responsible for fisheries in the respective county in consultation with the Director-General is satisfied that the fish processing establishment or any other operation complies with all such safety and sanitary standards as this Act, other laws of Kenya and conditions as the Cabinet Secretary by notice in the Gazette may require.

(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 — (a) the ability to comply with, or has complied with this Act, relevant laws of Kenya and any applicable licensing terms and conditions or Fisheries Management Plan and such other standards as may be required in writing by the Director-General; (b) complied, and has the ability to further comply with other applicable regional and international obligations of Kenya; (c) complied with all applicable vessel registration requirements; (d) complied with all applicable requirements for pre—licensing inspections and related procedures, including as appropriate the full payment of costs for inspections; (e) provided all required data and information; (f) in the case of an operator or person, complied with applicable laws of other States and international conservation and management measures; (g) where the applicant has been convicted of any offense under this Act or any other law relevant to the activity for which application was made, the requirements of the judgment have been fully met; and (h) complied with other relevant laws of Kenya including any applicable requirements of the Merchant Shipping Act, (2) In approving or renewing licences and authorizations in respect of any fishing vessel other than a Kenya fishing vessel 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 ability of the relevant flag State to ensure compliance by its fishing vessels with the laws of Kenya. (3) An industrial or semi-industrial fishing licence shall not be issued or have legal force or effect unless the relevant vessel submits to inspection at the port of Mombasa or such other port as may be required by the Director-General, at the expense of such vessel, and it is established in writing by an inspector, or in the case of a port outside Kenya a person duly authorized by the relevant government agency to carry out the duties of an inspector, that all required licence conditions have been met, including that all gear on board is authorized pursuant to the licence. (4) A fish processing licence shall not be issued or have legal force or effect unless the county executive committee member responsible for fisheries in the respective county in consultation with the Director-General is satisfied that the fish processing establishment or any other operation complies with all such safety and sanitary standards as this Act, other laws of Kenya and conditions as the Cabinet Secretary by notice in the Gazette may require.

(1) The Director-General may, by written notice to the holder of a licence or authorization or that person's or authorization agent, suspend or cancel any licence or authorization issued pursuant to this Act for any of the following reasons — (a) there has been a contravention of the licence or authorization, this Act, an applicable international agreement or international conservation and management measures or relevant applicable law of a third country in respect of which the licence or authorization was given, and — (i) any applicable law or international agreement providing for such suspension or cancellation; (ii) the relevant person or persons involved in such contravention has or have not submitted to the legal or administrative process, or complied with the requirements of an applicable fine, penalty or other determination; or (iii) the Director-General, having regard to the nature and seriousness of the contravention, considers it appropriate to suspend or cancel the licence or authorization; (b) there has been a failure to maintain or comply with, or there has been any material change or change in circumstances affecting the eligibility criteria for the licence or authorization, in the- (i) registration of a company or a vessel; (ii) ownership or beneficial ownership or control of a company or vessel since the time of licence approval; or (iii) characteristics, identification markings, or gear of any licensed industrial fishing vessel; (c) the licence or authorization holder has furnished information which is untrue, incomplete or misleading in connection with the licence application; (d) where a licence or authorization may be transferred, this has been done without the written approval of the Director-General and endorsement by the Cabinet Secretary; (e) any fees, charges or levies required to be paid after the issuance of the licence or authorization have not been paid as required; (f) it is necessary to do so to implement conservation and management measures under this Act, in accordance with its objective and principles; (g) in the case of a commercial aquaculture licence, the licence holder fails to establish the aquaculture operation within the time specified by the Director- General; or (h) such other reasons as may be prescribed or provided in relevant laws of Kenya. (2) The Director-General shall suspend or cancel a licence or authorization in accordance with such procedures as may be prescribed, where — (a) this Act, a fisheries management plan, aquaculture development plan or any international agreement so requires; and (b) such suspension or cancellation is endorsed by the Cabinet Secretary. (3) Where a licence or authorization has been suspended or cancelled in accordance with subsection (2), the Director-General shall notify the applicant of the reasons. (4) There shall be no refund of fees paid in respect of a licence or authorization suspended or cancelled under this Act. (5) No person shall engage in any activity for which the relevant licence or authorization was issued after a notice of suspension or cancellation given pursuant to subsection (3) has been received by the holder. (6) A person who contravenes subsection (5) commits an offense and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding five years or to both.

(1) No agreement governing joint ventures, or the chartering of any foreign fishing vessel for fishing or fishing related activities within or beyond the Kenya fishery waters, whether or not it involves changing the registration of the vessel, shall be valid unless and until it is approved by the Cabinet Secretary on the advice of the Director-General. (2) A joint venture or charter agreement may be approved only where the following requirements are fully met — (a) a charter agreement vests operational control of the foreign fishing vessel in a Kenya citizen, resident or registered company; (b) the joint venture or charter agreement provides clearly identifiable benefits with no adverse effects to Kenya, its fisheries or its marine environment, including — (i) development of the Kenya fishing industry; (ii) training of Kenya citizens; (iii)foreign exchange earnings for Kenya; (iv)investment in Kenya; (v) landing and domestic distribution activities; and (vi)development of export activities; (c) establishment of a company under the Companies Act, with specified ownership, control and equity by Kenya citizens; (d) the joint venture, charter agreement, right or vessel approved under this Act, is in full compliance with all applicable laws in Kenya; (e) full and complete evidence is submitted, as the Cabinet Secretary may require, that all financial obligations of the foreign fishing vessel will be met promptly and effectively, including payment of all fees and any applicable fine, penalty or other determination which may result from the vessel's activities; and (f) in respect of a charter agreement, that the flag State is responsible for exercising full and effective control over the vessel when it is in areas beyond the national jurisdiction of Kenya. (3) Unless a company is otherwise established under a joint venture or charter agreement, where the operator of the foreign fishing vessel is a company incorporated outside Kenya and doing business in Kenya, it shall establish a place of business in Kenya that includes the requirements for significant benefit to Kenya under subsection (2)(b) and shall comply with the requirements of Part XVIII of the Companies Act. (4) Any vessel fishing under an approved charter agreement shall be subject to all requirements of this Act in respect of foreign fishing vessels, including licensing and compliance agreements.