ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
151. Duties of operators. etc, to inspectors and observers
Edition: 2026-07-10 · In force
151. Duties of operators. etc, to inspectors and observers
(1)The operator and each crew member of any vessel, or licence holder in respect of any vessel on which an observer is placed or to which an inspector or fishery dock observer has been assigned, shall allow and assist the inspector, observer or fishery dock observer, in the performance of his official duties, and shall allow the inspector, observer or dock observer to—(a)board such vessel at such time and place as the Director-General may require;(b)receive and transmit messages and communicate with the shore and other vessels by means of the vessel's communications equipment;(c)take photographs of the fishing operations, including fish, gear, equipment, documents, charts and records, and remove from the vessel such photographs or film as he may have taken or used on board the vessel;(d)gather such information relating to fisheries as may be required for purposes of carrying out the objectives of this Act; and(e)disembark at such time and place as the Director-General may require or in accordance with an applicable access agreement, provided it is in accordance with the safe operation of the vessel.(2)The provisions of subsection (1) shall apply—(a)when the vessel is at any place in the fisheries waters or such other place where fish taken from the fisheries waters is unloaded or transhipped as may be required in the applicable licence, access agreement or international conservation and management measures, or as may be otherwise authorized under any applicable access or other agreement, or in the applicable licence; and(b)in the case of a Kenya fishing vessel operating under an authorization to fish in the high seas in areas subject to international conservation and management measures, when the vessel is on the high seas in an area subject to such international conservation and management measures or otherwise in accordance with such measures or the applicable license or authorization.(3)An operator and crew member of any vessel, or licence holder in respect of any vessel on which an observer is placed or an inspector is assigned in accordance with this Act who does not comply with subsection (1) commits an offence and shall be liable on conviction to a fine not less than ten million shillings or to a term of imprisonment not less than five years or to both.