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How to Licence a Foreign Owned Vessels in Kenya

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How to Licence a Foreign Owned Vessels in Kenya by Kenyans247(m): Wed Jan 2020 10:06am
Procedure

Step 1
An application for a licence for a foreign fishing vessel shall be submitted to the Director in the prescribed form. Before engaging in fishing activities, you must contact the Department of Agriculture, Forestry and Fisheries in Kenya (see contact details below) to determine whether hiring of a foreign vessel will be allowed in a particular fishing sector and what documents are required.

Get the Application for a foreign fishing vessel licence at the Department of Agriculture, Forestry and Fisheries in Kenya.

The applicant shall obtain and complete the following forms from the Cabotage Unit, obtain and complete the application form for Licence of Foreign Owned Cabotage vessel.

Step 2
Attach all the necessary documents on the application form and these include.

Copy of Certificate of Registry
Declaration of Ownership Certificate
Completed Crew Declaration Form
Applicable waiver certificates
Cabotage licence
Certificate of Tonnage Measurement
Passenger Ship Safety Certificate
Cargo Ship Safety Certificate
Ship Safety equipment Certificate
Certificate of Minimum Safe Manning
International Safety Management Certificate

Step 3
The director will verify and review the application form submitted basing on the following:

The Director of fisheries in Kenya may issue a foreign fishing vessel licence if

(a) he has determined that there are fishery resources surplus to the Kenya fishing industry which may be harvested under the licence; and
(b)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 under sections 4 and 5 and to the payment of prescribed fees, royalties or charges.

Step 4
Pay the prescribed fee in the bank Account:
Upon verification by the Director of Fisheries that there is enough resource fishery surplus in the Kenya Fishing industry, The applicant can now comply to management measures of paying the registration fees.

issuance of commercial fishing licences or permits is contingent upon the payment of a fee.Criteria to determine the amount of fees to be paid to the licensing authorities vary from one country to another.They may relate to the tonnage of the vessel. or a combination of several factors or a combination of several factors (e.g. engine power and type of gear)

Step 5
Before engaging in any activities, you must contact Kenya Maritime Authority (KMA) in the Department of Agriculture, Forestry and Fisheries in Kenya (see contact details below) to determine whether hiring of a foreign vessel will be allowed in a particular sector and what documents are required.

The applicant before receiving a must fulfill the following conditions of licensing foreign fishing vessels.

(a)The applicant must show methods to be used in regulating the handling, storage and processing of fish by prescribed methods of handling, storage and processing of fish.
(b)Must provide the methods to be used for inspection of fish trading and processing establishments and fish products in accordance with established standards
(c)management and control of fishing ports and waters.
(d)Show the methods handling, transporting, processing or selling of fish products.
(e)Show the Authority the process to use in organizing and regulating the marketing and distribution of fish;
(f)Must provide for the registration of private marks to be used to distinguish the ownership of fishing gear;
(g)how to prohibit or control the importation, exportation and introduction into Kenya of live fish of any kind or species.
Licensing of a vessel is often subject to prior registration of the vessel either in the register of vessels kept by the shipping authority or in a separate register or record of fishing vessels maintained by the fisheries authority designated in the fisheries legislation. Prior registration is required in Kenya.
A foreign Owned vessels is a vessel that is registered with another countrys flag state (not Kenyan). You must apply for a Foreign owned vessel license with Kenya Maritime Authority (KMA) in the Department of Agriculture, Forestry, and Fisheries in Kenya.

For the vessel to be licensed, you must have a joint venture with a Kenyan right holder. In order for the vessel to be authorized, you must complete an application form for a catch permit according to the sector in which the vessel will operate.
Generally, application for a licence or permit in respect of a vessel is made to the responsible authorities by the owner or charterer of the vessel.
If you want the vessel to fish on the high seas during the charter period, you must complete the High Seas application form.

Note
Before engaging in any activities, you must contact Kenya Maritime Authority (KMA) in the Department of Agriculture, Forestry and Fisheries in Kenya (see contact details below) to determine whether hiring of a foreign vessel will be allowed in a particular sector and what documents are required.
In other Countries, fishing licences are not transferable except with the authorization of the General Organization for the Development of Fishery Resources and provided that they are used for the purpose for which they were initi

Eligibility
Vessels and companies eligible for registration
A Foreign flagged vessel
A company wholly owned by nationals of other country operating a Vessel and shipping co.
A shipping company jointly owned by nationals of other countries and Kenya nationals Vessel and where equity ownership by Kenyan nationals is less than 60 per cent
Vessel crewed by Kenyan seafarers and officers and Vessel built in Mombasa Kenya.
Vessel and company have a subsisting contract in ;
A Vessel and company that are granted Ministerial Waiver on (d) and (e) as the case may be.

Instructions
No person shall use any vessel for fishing in Kenyas fishery waters unless there is in force in relation to the vessel a valid certificate of registration.
A certificate of registration in the prescribed form may on application and on payment of the prescribed fee be issued by an authorized officer to the owner of the vessel.
No foreign fishing vessel shall fish, attempt to fish or participate in fishing operations in Kenya fishery waters without a licence issued under section 12.
Evidence of registration of shipping company with KMA
Where any foreign fishing vessel enters Kenya fishery waters without a licence issued under section 12, 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.
Application shall be processed only where vessel documentation in the Flag Register are current and valid.
Applicants shall be asked to supply additional documentation where such are not contained in the vessels file in the Flag Register.

Required Information
Name of ship ;
Time and place of purchase;
Name of master;
Best particulars in respect of tonnage, building and description of the ship;
Bill of sale;
Deletion certificate;
Evidence of P&I (protection and Indemnity)insurance cover of the vessel ;
Curving and marking sign of the vessel;
Certificate of Tonnage measurement;
Application for approval of vessels name; and
International tonnage certificate.
Name and address of Ship managers;
Condition survey report and tonnage measurement certificate;
Certificate of carving and marking note of the ship;
Call sign certificate;
Load line certificate;
Evidence of ability or experience of the purchasers to operate and maintain ship; and
Log book of the vessel.

Need for the Document
A foreign fishing vessel is a vessel that is registered with another countrys flag state (not Kenyan). You must apply for a fishing vessel licence with the Department of Agriculture, Kenya Maritime Authority in Nairobi. A valid licence under the Act is a precondition for eligibility to be registered in any of the Cottage Registers in Kenya.

For the vessel to be licensed, you must have a joint venture with a Kenyan fishing right holder. In order for the vessel to be authorized, you must complete an application form for a catch permit according to the sector in which the vessel will fish. If you want the vessel to fish on the high seas during the charter period, you must complete the High Seas application form.

Kenya Maritime Authority Regulates and manages safety of maritime navigation in accordance to the International Conventions and regulations. Represent Kenya in International Maritime Organizations and those related to maritime safety. Technical cooperation with all the international ports and countries and to provide maritime assistance and services to all ships in the Kenyan territorial war.

You can only hire the vessel under exceptional circumstances to engage in fishing activities.

The minister of Transport would approve the issuance of licences for foreign owned vessels intended for use in coastal shipping and for the grant of waivers generally. Kenyan Maritime Authority (KMA) is the national focal point for Cabotage implementation and enforcement.

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