ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
39. Fisheries management plans
Edition: 2026-07-10 · In force
39. Fisheries management plans
(1)The Board may, in consultation with the Council of Governors and on the recommendation of the Director-General, declare a fishery as a designated fishery where, having regard to scientific, economic, cultural, environmental and other relevant considerations, it is determined that the fishery—(a)is important to the national interest; and(b)requires special conservation and management measures for effective sustainable use of the fisheries resources.(2)The Director-General shall, in consultation with the relevant county governments—(a)prepare, keep under review and be responsible for the implementation of fisheries management plans for the conservation management, development and sustainable use of each designated fishery in the Kenya fishery waters;(b)prepare, keep under review and be responsible for the implementation of fisheries management plans for any other fisheries in the Kenya fishery waters as may be necessary and practicable; and(c)determine the priority for the preparation of fisheries management plans, taking into account the advice of any committee established and carrying out functions under this Act and of other relevant stakeholders.(3)The Director-General shall, in consultation with the counties and other stakeholders, develop guidelines and standards for the development of fisheries management plans that must conform to this Act and shall include—(a)identification of the fisheries resource and its characteristics, including its economic and social value and interrelationship with other species in the ecosystem;(b)an assessment of the present state of exploitation of the fisheries resource and potential average annual yields;(c)the objectives to be achieved in the management and development of the fishery;(d)the best information on all relevant biological, social, economic and other applicable factors, determine the maximum sustainable yield;(e)the measures, if any, to be taken to promote the development of Kenya fisheries;(f)any relevant traditional fishing rights, methods or principles;(g)the impact of the plan upon the fishery or fisheries involved, associated and dependent species, habitat, the ecosystem in general and any other area determined relevant;(i)any research necessary to enhance management of the fisheries;(j)the information and other data required to be given or reported for effective management and development;(k)an implementation strategy which explains how the objectives are to be achieved including through stakeholder consultations;(l)a plan for monitoring and assessment of the implementation of the fisheries management plan;(m)a process for amending or repealing the plan, including the consultation and other processes to be followed; and(n)social impact assessment of the plan with reference to disadvantaged groups including women, persons with disability and the youth.(4)The Director-General shall, during the preparation of each fisheries management plan, consult as required and appropriate with any committee which may be established and performing its functions under this Act and stakeholders that may be affected by the plan.(5)The Director-General shall consult wherever practicable with the appropriate fisheries management authorities of other States in the region, and in particular with those sharing the same or interrelated stocks, with a view to ensuring the harmonization of their respective fisheries management plans and fisheries management in general.(6)Each fisheries management plan or review shall come into force upon its publication in the Gazette.(7)The management measures in each fisheries management plan shall have the legal force of regulations made pursuant to this Act.(8)Any person who engages in fishing or fishing related activities in the Kenya fishery waters or who processes or sells fish taken from the fishing waters shall supply such information in respect of such activities as the Director-General may require in accordance with a fisheries management plan.(9)Any person who fails to comply with the management plan commits an offence and shall be liable—(a)in case of industrial fishing, to a fine not exceeding five hundred thousand shillings; or(b)in case of artisanal fishing, to a fine not exceeding one hundred thousand shillings.(10)Any person who fails to supply information required under subsection (8) commits an offence and shall be liable on conviction to a fine of two hundred and fifty thousand shillings or to a term of imprisonment in respect of artisanal fishing not exceeding three months, and in respect of all other activities not exceeding six months or both.