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. |