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Kenya

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Kenya 12 mi (1989) - 200 mi (1989)


Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE Licence fees, royalties and others local currency Requirements concerning bilateral framework agreements or joint venture participation Nationality criteria for fishing vessels
KENYA LEGISLATION
-Non-reimbursable minimum of US$ 20 000 per vessel per annum (or at agreed upon intervals), payable in advance.
-A determined percentage of volume of catch taken in the Kenyan EEZ, FOB Mombasa payable as royalty.
(Regulations under Fisheries Act 1989, sect. 23)
  LEGISLATION
Local fishing vessel defined as one wholly owned,
-by citizens of Kenya;
-by any company, society or other association of persons established under national laws and of which at least 51% of the voting shares are owned by Government or nationals;
-and crewed by residents of Kenya or persons recognized by the Director of fisheries, as persons who traditionally fish in Kenya fisheries waters.
(Fisheries Act No. 5 of 1989. sect. 2)


Table C: -Coastal State requirements for foreign fishing-

STATE Foreign fishing vessel licence conditions
(other than reporting requirements) including observers, bonds, etc.
Logbook, and reporting requirements foreign fishing
KENYA LEGISLATION
-No foreign fishing vessel shall fish in Kenyan water without a valid licence issued under section 12. (Sect. 11(1))
-Unlicensed vessels shall stow their gear as prescribed, when entering Kenyan waters. (Art. 11 2))
-Licence application shall be submitted to the director in prescribed form. (Art. 12(1))
-Licences issued to foreign fishing vessel upon director's determination of resources surplus that may be fished under the licence. (Art. 12(2))
-Foreign fishing licence shall be subject to compliance with any management measures and to payment of prescribed fees, royalties or charges. (Art. 12(3))
-Licence shall specify period of validity. (Art. 13)
-Prohibition of fishing methods involving explosives, poisonous or noxious substances or electric shock device. (Art. 15)
(Fisheries Act No. 5 of 1989)
 


Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
KENYA                       X                            


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
KENYA From Shillings 50 000 up to 500 000 From 6 months up to 2 years (in addition or instead of fines) Vessel, gear and catch: Court may order.

 


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