ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
87. Standards for approval, renewal and issuance of licences and authorizations
Edition: 2026-07-10 · In force
87. Standards for approval, renewal and issuance of licences and authorizations
(1)In approving or renewing licences and authorizations pursuant to this Act, and in setting the level of any performance bond required pursuant to section 134, the Director-General shall take into account the extent to which the relevant fishing vessel, including its operator or other relevant person, as appropriate, has—(a)the ability to comply with, or has complied with this Act, relevant laws of Kenya and any applicable licensing terms and conditions or Fisheries Management Plan and such other standards as may be required in writing by the Director-General;(b)complied, and has the ability to further comply with other applicable regional and international obligations of Kenya;(c)complied with all applicable vessel registration requirements;(d)complied with all applicable requirements for pre-licensing inspections and related procedures, including as appropriate the full payment of costs for inspections;(e)provided all required data and information;(f)in the case of an operator or person, complied with applicable laws of other States and international conservation and management measures;(g)where the applicant has been convicted of any offence under this Act or any other law relevant to the activity for which application was made, the requirements of the judgment have been fully met; and(h)complied with other relevant laws of Kenya including any applicable requirements of the Merchant Shipping Act (Cap. 389).(2)In approving or renewing licences and authorizations in respect of any fishing vessel other than a Kenya fishing vessel pursuant to this Act, and in setting the level of any performance bond required pursuant to section 134, the Director-General shall take into account the ability of the relevant flag State to ensure compliance by its fishing vessels with the laws of Kenya.(3)An industrial or semi-industrial fishing licence shall not be issued or have legal force or effect unless the relevant vessel submits to inspection at the port of Mombasa or such other port as may be required by the Director-General, at the expense of such vessel, and it is established in writing by an inspector, or in the case of a port outside Kenya a person duly authorized by the relevant government agency to carry out the duties of an inspector, that all required licence conditions have been met, including that all gear on board is authorized pursuant to the licence.(4)A fish processing licence shall not be issued or have legal force or effect unless the county executive committee member responsible for fisheries in the respective county in consultation with the Director-General is satisfied that the fish processing establishment or any other operation complies with all such safety and sanitary standards as this Act, other laws of Kenya and conditions as the Cabinet Secretary by notice in the Gazette may require.