Fisheries Act (Cap. 378).

This Act is divided into 6 Parts and 24 sections and intends to set up the basic principles for the development, management, exploitation, utilization and conservation of fisheries and for connected purposes. Part I, Preliminary. A certain number of definitions are listed under this heading (namely, authorized officer, dealing in fish, Director, fish, Fisheries Officer, fishing, fishing gear).
Part II - Administration.- This part spells out the powers of the Director of Fisheries (hereinafter the Director). The Act provides for two kinds of activities to be regulated by the Director. Section 4 stipulates that the Director shall, in cooperation with other government bodies, promote the development of fisheries, fish culture and related industries through such measures as listed. Moreover the Director may, with the approval of the Minister, impose a series of measures that are necessary for the proper management of any fishery (sect. 5);in particular this includes the possibility to declare closed seasons (5(1)(a)) and prohibited fishing areas (5(1)(b)), to limit the methods of gear (5(1)(c) and the amount and size, age and other characteristics of fish that may be caught (5(1)(d)), etc. In addition, the Director may limit access to a fishery where the proper management of fisheries requires it. Part III, Registration of Fishing Vessels, this Part establishes the obligation of the registration of fishing vessels and defines the conditions governing it. It seems that the obligation of registration is also applicable to foreign fishing vessels.
Part IV - Licensing Provisions - Part IV is divided into four matters: Section 8 General Licensing Provisions affirms the necessity of the possession of a valid licence in order to fish in Kenya fishery waters. Section 9 and 10 Licensing of Local Fishing Vessels deal with the requirements to be complied with by local fishing vessels. Sections 11, 12 and 13 define the regime applicable to the licensing of foreign fishing vessels. Licensing is mandatory (11.(1)) and the gear of a foreign fishing vessel in transit through Kenya fishery waters must be kept stowed (11(2)). Section 11(3) raises some concerns insofar that it provides that the master and the owner of a foreign fishing vessel illegally fishing in Kenya fishery waters may be liable to imprisonment for a period of not less than six months and not more than two years. This provision contradicts article 73.3 of the United Nations Convention on the Law of Sea which explicitly forbids imprisonment as a penalty for violations of fisheries laws and regulations in the EEZ. It is noteworthy to mention that Kenya has ratified the United Nations Convention on the Law of the Sea on 2 of March 1989 (According to the Law of the Sea bulletin No. 15, May 1990, p. 3). Section 14 entitled Other Licences empowers the Minister to make regulations requiring a licence for any fishery activities including sport fishing.
Part V, Offences and Enforcement, the first three sections of this part deal with specific offences and penalties (prohibited methods of fishing, section 15; trade and commerce of fish illegally caught, section 16; obstruction of officers, section 17). Section 18 fixes in detail the powers of the officers and section 19 is devoted to the procedure of forfeiture. Compounding of offences is admitted in the terms and conditions provided for in section 20 and may be decided by the Director with the approval of the Minister.
Part VI, General Provisions, this Part looks more like miscellaneous provisions. Thus section 21 deals with the powers of the authorized officers whilst section 22 forbids fishing for marine mammals in Kenya fishery waters. It is interesting to note that the use of a port in Kenya for the purpose of equipping or supplying a vessel intended to be used for fishing marine mammals is also prohibited. Section 23 covers the Minister's powers to make regulations. Those powers are broadly constructed and include for example the power to organize and regulate the marketing and distribution of fish (23(2)(h)). Section 24 contains provisions for the establishment of loans' schemes to fishermen which may be set up by the Minister with the approval of Treasury.