Migori County Fisheries and Aquaculture Act, 2016 (No. 2 of 2016).

This Act provides for the County of Migori with respect to a wide range of matters concerning the fisheries sector including fisheries management and conservation, aquaculture and fish processing and marketing. The Act shall apply to all of Migori County Fishery waters and related fisheries activities and establishments . It appoints the Director of Fisheries as the main office responsible for the administration of this Act and establishes the Fisheries Development Trust Fund.
The Act consists of 60 sections divided into 15 Parts: Preliminary (I); Administration (II); Fisheries and Aquaculture Management Development Measures (III); Fisheries Management Measures (IV); Monitoring, Control and Surveillance (V); Registration and Licensing (VI); Other Licences (VII); Enforcement (VIII);Prosecution, Handling of Seized Goods and Evidence (IX); The Fisheries Development Trust Fund (X); Prevention of Pollution and Protection and Conservation of County Fishery Water (XI); Aquaculture Development (XII); Fish Safety and Quality (XIII); Community Participation (XIV); Miscellaneous Provisions (XV);
The Director shall be subject to the directions of the County Executive Committee (CEC) Member responsible for fisheries, which shall be given through the Chief Officer in the County government of Migor responsible for fisheries and aquaculture. The Director may, in consultation with other appropriate agencies and other departments of Government, take the fisheries and aquaculture development measures specified in Part III.
The Director may in consultation with the CEC Member establish a management plan for each fishery in such form as he or she may deem appropriate. In establishing a management plan under this Act, the Director shall give effect to agreed management measures by parties sharing Lake Victoria. The CEC member may with the approval of the County Assembly enter into an inter-governmental agreement establishing a collaboration framework and arrangements with other County Governments having shared interests in the sustainable utilization and management of Fisheries and Aquaculture resources with the County Government of Migori. The Director may also, with the approval of the CEC Member, impose measures necessary for the proper management and control of any fisheries, such declaration of closed seasons for designated areas, species of fish or methods of fishing, prohibited fishing areas for all or designated species of fish or methods of fishing, limitations on the methods of gear, and the regulation of landing. Monitoring and surveillance of vessels shall be carried out in such manner as the CEC Member may prescribe through Regulations.
The Act provides for the registration and licensing of fishing vessles. Any person who uses any vessel for fishing in Migori County fishery waters without a valid certificate of registration for that vessel shall be guilty of an offence. The CEC Member may, in addition to issuing licences for fishing vessels, make Regulations requiring a licence for any fishery activities, including sport fishing or the use of any gear or method of fishing, with or without the use of a vessel, or for fish processing or fish trading and movement.
The object of the Fisheries Development Trust Fund shall be to facilitate research and technological developments, conservation efforts, development of essential fisheries and aquaculture infrastructure, capacity building intended to further the development of fisheries and aquaculture management.
For purposes of protecting the aquatic environment and ecology, the county fishery waters are hereby declared and ecology, the county fishery waters are declared pollution free zones, in which no discharge of pollutants may take place. No live fish may be introduces in any water without the authorization of the Director. The Director may, with approval of the CEC Member, make Regulations regarding aquaculture including, among other things, codes of practice for fish farmers. The county Department responsible for Fisheries shall be the Devolved Competent Authority responsible for the official control of the safety of fish, fishery products and fish feed in Migori County in consultation with the National Competent Authority. Duties of the Devolved Authority in respect of control of fish products are defined.
The CEC Member may for purposes of ensuring structured community participation in fisheries management, make regulations governing the administration of beach management units. Regulations regarding community participation shall give due considerations to agreement made with other counties sharing Lake Victoria. The Act list Regulations needed immediately to give effect to this Act.