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LAWS OF KENYA
FISHERIES MANAGEMENT AND DEVELOPMENT ACT
THE FISHERIES MANAGEMENT AND DEVELOPMENT (BEACH MANAGEMENT UNITS) REGULATIONS, 2024
LEGAL NOTICE 55 OF 2024
- Published in Kenya Gazette Vol. CXXVI—No. 50 on 19 April 2024
- Commenced on 21 March 2024
Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Fisheries (Beach Management Units) Regulations, 2024.2. Interpretation
In these Regulations, unless the context otherwise requires—"Act" means Fisheries Management and Development Act (Cap. 378);"assembly" means a meeting of registered members of a beach management unit convened pursuant to the provisions of these Regulations;"authorized fisheries officer" means a person of or above the rank of assistant fisheries officer appointed in the public service, having administrative jurisdiction over a beach management unit;"beach" means the defined geographical area of jurisdiction of a beach management unit established under regulation 5;"beach management unit" has the meaning assigned to it under the Act;"beach management unit network" means an organization of beach management units at ward, sub-county, county, water body and national levels formed under regulation 53;"boat owners" means the owners of registered fishing vessels;"by-laws" means the internal administrative rules of a beach management unit or a beach management unit network approved by the assembly, committee members and authorized fisheries officer;"chairperson" means the chairperson of the assembly or executive committee of a beach management unit or of the beach management unit network at the respective administrative level, elected in accordance with these Regulations;"co-management" means a partnership arrangement that shares responsibilities between the government, beach management units and other stakeholders in the management of fisheries resources;"co-management plan" means a plan for the co-management of a fishery or geographical area developed pursuant to regulation 13;"co-management area" means an area in which a beach management unit undertakes fisheries management activities jointly with other stakeholders as provided under regulation 12;"constituent college" means four bodies of electors of a beach management unit namely boat owners, crew members, fish traders and others;"county director of fisheries" means the technical officer responsible for fisheries management in a county government;"County Executive Committee Member" means county executive committee member responsible for matters relating to fisheries management in a respective county government;"crew member" means a worker who is part of a team working on a fishing vessel, whether paid or unpaid, other than the master, or shore-based persons carrying out work aboard a fishing vessel and fisheries observers;"Director-General" means the Director-General of Kenya Fisheries Service;"executive committee" means the executive committee of beach management unit constituted in accordance with regulation 18;"fish traders" means persons routinely involved in fish trading at a fish landing station;"fisheries research institution" means research institution established under the Science, Technology and Innovation Act (Cap. 511) to undertake research on fisheries and other aquatic resources;"member" means a member of a beach management unit and beach management unit network;"joint co-management area" means a shared management area in which the Director-General, County Executive Committee Member and two or more beach management units collaborate to manage and undertake fisheries management activities;"others" means net repairer, boat builder and repairer, engine repairer, menders, licensed fish transporters, cage farmers, mariculture farmers, artisanal beach-based fish processors, shell collectors and factory processing agents;"presiding officer" means the County Director of Fisheries, Director-General or a fisheries officer nominated in writing to supervise or conduct beach management unit and beach management unit network elections; and"sustainable fishing" means discriminate harvesting of fish devoid of juveniles and endangered, threatened and protected species or those without commercial value and also respects aquatic ecosystems and adapts to the fish stocks to maintain a balance and ensure the survival of all species.Part II – ESTABLISHMENT OF BEACH MANAGEMENT UNITS
3. Establishment of a beach management unit
4. Objectives
The objectives of the beach management unit shall be to—5. Functions of the unit
6. Powers of the unit
In the performance of its functions under these Regulations, a beach management unit shall—7. Procedure for registration of a beach management unit
8. Area of jurisdiction
9. By-laws
10. Amendments of by-laws
11. Register of beach management units
12. Co-management areas
13. Co-management plan
14. Environmental protection
Part III – ADMINISTRATION
15. Administrative structure
The administrative structure of a beach management unit shall consist of—16. The assembly
The assembly of a beach management unit shall consist of all the registered members.17. Responsibility of the assembly
18. Executive committee
19. Responsibilities of an executive committee
The responsibility of the executive committee shall be—20. Sub-committee
21. Employee of beach management units
22. Responsibilities of the Chairperson
23. Responsibilities of the secretary
The responsibility of the secretary to the executive committee shall be to—24. Duties of the treasurer
The responsibility of the treasurer of the executive committee shall be to—Part IV – MEMBERSHIP OF A BEACH MANAGEMENT UNIT
25. Membership
26. Categories of members
27. Joining procedure
28. Resignation and expulsion of a member
29. Rights and obligations of members
Part V – ELECTIONS
30. General
The elections in a beach management unit shall be conducted in two rounds as follows—31. Qualifications as a member of the executive committee
32. Voting, announcing of results
33. Members not entitled to vote.
34. Term of office.
The members of the executive committee shall hold office for a term of four years and are eligible for re-appointment for a further term of three years.Part VI – CONDUCT OF BUSINESS AND AFFAIRS
35. Meetings of the assembly
36. Quorum
The quorum for a meeting of an assembly shall be half of the total number of members of the assembly.37. Decisions of the assembly
38. Meetings of the executive committee
39. Decisions of executive committee
Part VII – SUPPORT AND CONTROL OF BEACH MANAGEMENT UNITS
40. Support by county director of fisheries
41. Supervision by the county director of fisheries.
42. Inquiry into books of accounts and records.
43. Dismissal by the assembly
44. Suspension by the county director of fisheries
45. Dissolution of beach management units.
Part VIII – FINANCIAL PROVISIONS
46. Financial management
A beach management unit shall ensure proper management of its finances and assets by—47. Finances.
The finances of a beach management unit shall consist of—48. Fees and charges
49. Registers
Every beach management unit shall maintain—50. Records
A beach management unit shall maintain records of the following—51. Bank accounts
52. Accounts and audit
Part IX – BEACH MANAGEMENT UNIT NETWORKS
53. Establishment of beach management unit networks
54. Mandate of beach management unit network
55. Standard operating procedures
56. Ward beach management unit network
57. Sub county beach management unit network
Where there are two or more ward beach management units within a sub-county, the chairperson and one nominated member of the executive committee from each ward beach management unit network shall constitute a sub-county beach management unit network committee.58. County beach management unit network
Where there are two or more sub-county beach management units within a county, the chairperson and one nominated member of the executive committee from each sub-county beach management unit network shall constitute a county beach management unit network committee.59. Water body beach management unit network
Where there are two or more county beach management units within a water-body, the chairperson and one nominated member of the executive committee from each county beach management unit network shall constitute a water body beach management unit network committee.60. National beach management unit network
The chairperson and one nominated member of the executive committee shall represent each water body beach management unit network committee at the national beach management unit network committee.61. Administrative structure
The administrative structure of a beach management unit network shall consist of beach management unit network committees at ward, sub-county, county, water body and national levels.62. Network sub-committees
63. Qualifications as a member of the network sub-committee
A member of a beach management unit network at sub-county level, county level, water body level and national level may qualify for appointment as a member of the respective network sub-committee if they meet the requirements set out under regulation 31.64. Voting
The voting at an election of a member of a network sub-committee at any level shall be by secret ballot.65. Term of office
A member of the network committee at sub-county level, county level, water body level and national level—66. Restriction on leadership
67. Meetings of network committees
68. Quorum
The quorum of a meeting of a network committee at sub-county level, county level and the water body level shall be at least half of the members.69. Decisions of network committees
70. Finances
The finances of a beach management unit network shall include—71. Records
A beach management unit network shall maintain the following books and records—Part X – GENERAL PROVISIONS
72. Penalties
A person who contravenes the provisions of these Regulations commits an offence and shall, on conviction, be liable—73. Obstruction
No person shall—(a)willfully obstruct an executive committee member or sub-committee member of a beach management unit from carrying out official duties within the area of jurisdiction and in accordance with the provisions of these Regulations;(b)refuse or fail to answer any questions, furnish any information or produce any document relevant to the provisions of these Regulations when requested to do so by any member of the executive committee or an authorized fisheries officer; or(c)interfere with any investigation concerning the violation of a management plan.74. Malicious damage of documents and assets
75. Revocation. LN. No. 402 of 2007.
The Fisheries (Beach Management Unit) Regulations, 2007 are revoked.76. Savings and transition
Notwithstanding the provisions of regulation 75—History of this document
19 April 2024 this version
21 March 2024
Commenced
Cited documents 2
Act 2
1. | Science, Technology and Innovation Act | 52 citations |
2. | Fisheries Management and Development Act | 32 citations |