(1) In addition to the conditions specified in section 90, licences issued to industrial fishing vessels for fishing or fishing related activities shall be subject to the following conditions — (b) the operator shall install, maintain and operate, in accordance with the requirements of this Act, an automatic location communicator or such other equipment integral to a vessel monitoring system as the Cabinet Secretary may require;

(1) In addition to the conditions described in Reporting requirements for industrial fishing sections 90 and 101,t he operator of each industrial fishing vessel shall make such reports as may be prescribed or required by the Director-General as a condition of licence or authorization, which shall include — (c) ensuring that any information or data which may be required to be transmitted by radio communication, a transponder, automatic location communicator or other component of a vessel monitoring system is transmitted continuously, accurately and effectively to the designated receiver;

(1) The Director-General may establish and operate vessel monitoring systems for purposes of monitoring, control and surveillance, and managing the operations of fishing vessels under this Act. (2) The Director-General may require the operator of any fishing vessel, as a condition of licence or otherwise, to install, maintain and operate in accordance with such conditions as may be prescribed and such other conditions that may be required by the Director-General, a mobile transceiver unit or other device or equipment that is an integral component of a vessel monitoring system at all times while the fishing vessel is in the fishery waters or, in respect of a Kenya fishing vessel, in areas beyond national jurisdiction or such other area as may be prescribed or agreed in an international agreement or international conservation and management measures. (3) The operator of each fishing vessel shall comply with all licence conditions and requirements imposed pursuant to subsection (2) and shall, where the mobile transceiver unit or other device or equipment ceases to operate, immediately- (a) notify the Director-General when the mobile transceiver unit or other device ceases to operate in accordance with such requirements; and (b) cause the vessel to cease fishing except as otherwise authorized by the Director-General. (4) Where the mobile transceiver unit or other device ceases to operate as required, the operator shall immediately notify the Director-General and submit to him a report of the vessel's name, call sign, position expressed in latitude and longitudes to the minutes of arc and the date and time of the report at intervals of four hours or such other period as the Director-General may notify the operator, and— (a) cause the vessel to cease fishing except as otherwise authorized by the Director-General; or (b) cause the vessel to immediately return to the port of Mombasa, Lamu and Shimoni. (5) The operator shall comply with such other conditions that may be prescribed and such additional conditions that may be required by the Director-General, including: (a) the type of vessel monitoring system equipment to be used; (b) installation procedures; (c) operational requirements; (d) information requirements; (e) confidentiality; and (f) reports. (6) No person shall- (a) without lawful excuse render inoperative or otherwise interfere with a mobile transceiver unit or other device installed pursuant to this Act so that it fails to operate accurately or in accordance with any prescribed conditions; (b) whether within, or in areas beyond, national jurisdiction, intentionally, recklessly or negligently destroy, damage, render inoperative or otherwise interfere with any part of mobile transceiver unit or vessel monitoring system aboard a vessel licensed pursuant to this Act, or intentionally feed or input into that system information or data which is not officially required or is meaningless; or (c) intentionally, recklessly or negligently divulge information or data obtained from a vessel monitoring system or a system of reporting or recording required or permitted under this Act, other than in the course of duty and to a person or persons entitled to receive that information or data. (7) A person who contravenes the provisions of this section commits an offense and shall be liable on conviction to a fine not less than ten million shillings or to imprisonment for a term less than ten years or to both, and in addition the applicable licence may be suspended or cancelled.

(1) Subject to subsection (2), all ships engaged on international voyages, while operating on the navigable Kenyan waters, shall be equipped with and operate an automatic identification system under regulations prescribed by the Minister, but this section shall not apply to— (a) ships of war and troop ships; (b) cargo ships of less than five hundred tons; (c) ships not propelled by mechanical means; (d) wooden ships of traditional build; (e) pleasure vessels not engaged in trade; and (f) fishing vessels.