ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
107. Requirements for transhipment
Edition: 2026-07-10 · In force
107. Requirements for transhipment
(1)The operator of any vessel in the Kenya fishery waters and Kenyan flagged vessel operating in the high seas intending to take on board any fish by transhipment or any other means, shall—(a)only tranship—(i)at the port of Mombasa or such other port in Kenya that may be designated by the Director-General;(ii)at the time and date authorized for transhipment; and(iii)pursuant to a valid and applicable authorization issued pursuant to this Act and on such terms and conditions that may be required by the Cabinet Secretary; and(b)notify the Director-General of such intention not less than seventy-two hours prior to the intended transhipment.(2)Notification given under subsection (1)(b) shall include—(a)the vessel's name, radio call sign and fishing licence number where applicable;(b)full details of any catch on board the vessel;(c)the intended place, date and time of the transhipment;(d)the intended species and quantity of fish to be transhipped; and(e)the intended date and arrival time in Mombasa in order that supervisory arrangements can be made.(3)Not less than seventy-two hours prior to transhipment, the operator shall apply to the Director-General for a transhipment or loading authorization as the case may be in accordance with the conditions and in such form as may be prescribed and prior to the issuance of such authorization shall pay the required fee.(4)The transhipment or loading authorization shall specify when and where transhipment or loading shall take place and shall be subject to such conditions as the Cabinet Secretary may endorse.(5)The operator of a fishing vessel shall—(a)not tranship at sea under any circumstances unless authorized by the Director-General;(b)only tranship at the time and port or other place authorized by the Director-General for transhipment;(c)cause the fish being loaded to be accurately weighed and recorded by species on board the vessel, and furnish the Director-General with daily copies of these records; and(d)during the transhipment operation give every assistance to any authorized officer, inspector or other person designated by the Ministry in the performance of official duties, including verification of the species and weight of the fish and determining when the transhipment operation has been completed.(6)During transhipment in the Kenya fishery waters the operator of each fishing vessel shall comply with all applicable laws of Kenya relating to protection of the marine environment.(7)Upon completion of the transhipment operation, the operator of each fishing vessel shall submit to the Director-General within seventy-two hours of the transhipment or before departing the Kenya fishery waters, whichever is earlier, a full transhipment report on each transhipment completed in the Kenya fishery waters on such form as may be prescribed and such other form or information which may be prescribed or otherwise required by the Director-General.(8)A person who contravenes the provisions of this section commits an offence and shalt be liable on conviction to a fine not exceeding fifty million shillings or to a term of imprisonment not exceeding five years or to both