ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
5. Objective and guiding principles
Edition: 2026-07-10 · In force
5. Objective and guiding principles
(1)The objective of this Act is to protect, manage, use and develop the aquatic resources in a manner which is consistent with ecologically sustainable development, to uplift the living standards of the fishing communities and to introduce fishing to traditionally non-fishing communities and to enhance food security.(2)The implementation of this Act shall be guided by the following principles—(a)long-term sustainable use, conservation and management of fisheries resources and habitat, and adoption and implementation of management measures in such a manner as to ensure that the fisheries resources and habitat are not overexploited, threatened or endangered;(b)allocation and access to the fisheries resources in a manner that achieves optimum utilization, equitable distribution and long-term sustainable development of fisheries resources to achieve economic growth, human resource development, employment creation, a sound ecological balance and generational equity;(c)conservation and protection of fisheries habitats;(d)ensuring the effective application of the ecosystem approach to fisheries management;(e)ensuring that biodiversity and genetic diversity in the marine environment is maintained and enhanced;(f)fostering recreational and ornamental fishing, aquaculture and commercial fishing activities for the benefit of the country;(g)encouraging the participation of users of the fisheries resources, and the general community, in the management of fisheries;(h)ensuring that management measures are based on the best scientific evidence available and are designed to maintain or restore stocks capable of producing sustainable yield, as qualified by relevant environmental and economic factors including fishing patterns, the interdependence of stocks and generally recommended international standards;(i)application of the precautionary approach to the management and development of the fisheries at no less standard than is set out in any international agreement;(j)managing fisheries resources in an efficient and cost effective manner, including setting targets for the recovery of management costs;(k)collection and, as appropriate sharing, in a timely manner complete and accurate data and information concerning fishing activities and fisheries;(l)implementation and enforcement of conservation and management measures through effective monitoring, control and surveillance;(m)promotion of sustainable aquaculture in appropriate zones as a viable option to contribute to food security replenishing natural habitats through diversification from capture fisheries and wealth generation;(n)minimization of wastage, bycatch, discards, catch by lost or abandoned gear, pollution and the promotion of development and use of selective, environmentally safe and cost-effective fishing gear and techniques;(o)prevention or elimination of over-fishing and excess capacity and managing levels of fishing efforts so they do not exceed levels commensurate with sustainable use of fishery resources;(p)effective implementation of international agreements and relevant international laws in conformity with the Treaty Making and Ratification Act (Cap. 4D);(q)ensuring effective cooperation with coastal States, fishing States and entities and competent organisations; and(r)ensuring that the livelihood of fishers is enhanced.(3)All of the principles in subsection (2) should be applied to the greatest extent possible, and the principle set out in subparagraph (2)(a) shall be given priority at all times.