Kenya - Licencing a Foreign Owned Vessels

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Procedure

Apply In-Person:

1. Applications to license a foreign owned vessel in Kenya is done by the Kenya Marine Authority. No foreign fishing vessel shall fish, attempt to fish or participate in fishing operations in Kenya fishery waters without a license issued by the Kenya Fisheries Service (KFS).
2. To obtain the license in Kenya, the applicant has to contact the Kenya Fisheries Service (KFS) offices to make the application.
3. Here the applicant will be given as Application for a Foreign Fishing License Form by a licensing officer to fill and submit.
4. Fill in the application and attach the required documents. A list of the can be found under the Required Documents" section of this page.
5. Proceed to pay the required application fees and attach the payment receipt to the application document. The application fees to be paid can be found under the "Fees" section of this page.
6. Submit the filled in application form to the Director KFS through the diplomatic representative of the flag state of the craft.
7. The authority will review the application regarding any areas of noncompliance with the license requirements which the applicant is required to address.
8. Upon successful review and approval, the Director will grant a license in to the owner of a foreign fishing craft.
9. The applicant will be contacted the License Certificate is available for collection. This is usually after a period of 30 days.

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Required Documents

• Duly filled APPLICATION FOR A FOREIGN FISHING LICENCE
• Identification document of applicant/owner / charterer of vessel
• Identification documents of legal representative or agent in Kenya
• Registration documents of vessel
• Port and registration number
• Fishing vessel external identification
• International radio call sign and frequency details
• Crew member’s details (list of names, citizenship, passport/ID Nos. to be attached)
• Fishing practiced details and type and quantity of fishing gear to be used
• Fishing plan
• Details of communications and electronic equipment on board
• Recent side photograph of vessel

Office Locations & Contacts

Kenya Fisheries Service - Head Office
NHIF Building, Ragati Rd
KeFS Direct Line
P.O Box 48511-00100
Nairobi
Tel: +254202020191
Email 1: [email protected]
Email 2:[email protected]
Website: Link

Eligibility

• Any foreign fishing vessel wishing to fish, attempt to fish or participate in fishing operations in Kenya fishery waters are eligible to make this application.

Fees

• Longliner’s licence for—
• Twelve months 30,000 US$ (Dollars)
• Three months 20,000 US$ (Dollars)
• One month 10,000 US$ (Dollars)
• Purse seiner’s licence for twelve months 50,000 US$ (Dollars)

In addition to the license the licensee shall pay royalties determined in the following manner:

• a percentage of the total catch shall be determined by the Director for each agreement which shall be deemed to have been caught in the Kenya exclusive economic zone;
• a determined percentage of the value of Tuna fish and by-catch F.O.B. Mombasa is assumed caught in Kenya exclusive economic zone and hence royalties shall be calculated which will be paid at agreed intervals; and
• a non-reimbursable minimum of US$ 20,000 per vessel per annum or at agreed intervals, may be paid in advance as deposit.

Licence fees and other charges The renewal licence fee and any other charges as may be prescribed from time to time, shall be paid before the licence is delivered to the applicant.
Payment of licence fees and charges shall be as follows—
The Director shall issue an order of payment for each applicant specifying the amount due in a nominated foreign currency
The applicant shall make the payment in the designated foreign currency to the Central Bank of Kenya, for the account of the Paymaster-General

Validity

• The validity period can be one month, three months or one year.

Documents to Use

• APPLICATION FOR A FOREIGN FISHING LICENCE

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The processing time is one month.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".

Instructions

• An application for a licence for a foreign fishing vessel shall be submitted to the Director in the prescribed form.
• The Director may issue a foreign fishing vessel licence if—

He has determined that there are fishery resources surplus to the Kenya fishing industry which may be harvested under the licence; and He has determined the quantity of the surplus that may be harvested and indicates that quantity as a condition of the licence.

• A foreign fishing vessel licence shall be subject to a condition requiring it to comply with any management measures that may be in force from time to time and to the payment of prescribed fees, royalties or charges.

Required Information

• Name and address of applicant
• Name and address of owner (if different from above)
• Name and address of charterer of vessel if different from above
• Name and address of legal representative or agent in Kenya
• Name of vessel
• Type of vessel
• Country of registration and flag state (details of agreement to be attached)
• Port and registration number
• Fishing vessel external identification
• International radio call sign and frequency
• Overall length of vessel
• Overall width of vessel
• Engine type and rated horse power
• Gross registered tonnage of vessel
• Net registered tonnage of vessel
• Crew complement (list of names, citizenship, passport/ID Nos. to be attached)
• Type of fishing practiced and type and quantity of fishing gear to be used
• Proposed target species of fish to be caught
• Proposed fishing areas
• Period of validity of request
• Details of communications and electronic equipment on board .
• Attach a recent side photograph of vessel if applying for licence for the first time.

Need for the Document

• No foreign fishing vessel shall fish, attempt to fish or participate in fishing operations in Kenya fishery waters without a licence issued by the Kenya Fisheries Board.

Information which might help

• “foreign fishing vessel” means any fishing vessel other than a local fishing vessel.
• Where any foreign fishing vessel enters Kenya fishery waters without a licence, the fishing gear or the vessel shall, at all times while it is in such waters, be kept stowed in the prescribed manner.
• Where any foreign fishing vessel is used in Kenya fishery waters contrary to this section, the master and owner of the vessel shall each be guilty of an offence and liable to a fine of not less than fifty thousand shillings and not exceeding five hundred thousand shillings or to imprisonment for a period of not less than six months and not more than two years or to both.
• A licence is not transferable to any other vessel.
• Every licence shall be maintained in good condition on the foreign vessel in respect of which it was issued, in a place where it can be readily inspected by an authorized officer and where it is safe from the elements.
• Every master of a licensed foreign fishing vessel in Kenyan fishery waters shall, on demand of any authorized officer, produce to that officer for inspection the licence issued in respect of the vessel.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

• Fisheries Act

Others

Application for licence

• Every application for a foreign fishing licence shall be—
• In Form 1 ; and
• Submitted in writing to the Director by the diplomatic representative of the flag state of the craft

Validity of foreign fishing vessel licence

• A foreign fishing vessel licence shall, unless earlier revoked or suspended, be valid for such period as the Director may specify.
• The Director may revoke or suspend a foreign fishing vessel licence at any time—
  • for failure to comply with the provisions of this Act, regulations or management measures thereunder, or any condition of the licence; or
  • where he is satisfied that such action is necessary for the proper management of fisheries.
• If a licence is revoked or suspended under this section for the proper management of fisheries, the proportion of any fees paid for the unexpired term of the licence shall be refunded to the licensee.
• A party aggrieved by the suspension of a licence may appeal in writing to the Minister whose decision shall be final

Licence fees and other charges The licence fee and any other charges as may be prescribed from time to time by the Director, shall be paid before the licence is delivered to the applicant.
Payment of licence fees and charges shall be as follows—
the Director shall issue an order of payment for each applicant specifying the amount due in a nominated foreign currency;
the applicant shall make the payment in the designated foreign currency to the Central Bank of Kenya, for the account of the Paymaster-General.

Issuance of licence The Director may grant a licence in to the owner of a foreign fishing craft in respect of which an application has been made if—

• the Government of the flag state to which the craft belongs, or an intergovernmental organization to which the craft belongs, has signed a fisheries co-operation agreement with the Government of Kenya;
• the Director has approved a fishing plan, for the flag state of the craft
• the licence application is complete
• the licence application is consistent with the fishing plan
• a local representative has been appointed for the craft
• the Director has made the findings required
• the applicant has paid the licence fee
• the applicant has supplied a performance bond in respect of payment of royalties calculated and determined in the manner specified in the Second Schedule.