1. Citation These By-laws may be cited at the Town Council of Taveta (fish cess) by laws 2008
In these By-laws unless the context otherwise requires
2. Interpretation
“Fish” means any aquatic animal whether alive or dead and includes any parts and the spat brood, fry spawn, ova and young thereof.
“Nile perch” means fresh water lake fish popularly known as “Mbuta”
“Lake” fresh water covering an area known as Lakes Jipe and Challa.
“Beach” means an area designated by fisheries department for landing fish caught in the lake.
“Authorized agent” means any person or any society authorized by the council to issue receipts.
“Authorized buyer” means any person who is in lawful possession of a fish traders license issued under the fisheries act 1989 section 8.
“Clerk” means person appointed in the office of the public service commission as a clerk to council.
“Society” means a cooperative society formed under the provision of the cooperative act Cap 490 laws of Kenya.
“Authority” means the clerk of the Town Council of Taveta or any other person authorized to act on his behalf.
“Inspector” means any person authorized by the council in writing to carry out inspections for the enforcement of these By-laws.
“Dealing in fish” means collecting, transporting, storing, trans-shipping, exposing or offering fish or fish product for purposes of trade.
“Fishing port” means a place on Lake shore ocean where fishing vessels may resort for shelter, servicing, loading and offloading of fish and fishing equipments.
“Transporting” means the person or body transporting the fish on behalf of the owner whether by vehicle or otherwise.
“Fishing” means fishing for catching, stalking or killing fish by any method.
“Cess” free domestic allowances means fish not in excess of 10kg .
“Council” means the Town council of Taveta.
3. (a) No person shall engage in fish purchases, sale, process or deal in fish in any manner without permit in writing from the authority issued under provisions of By-laws and 7 of By-laws and without payment to the council of such licenses or fees as council may from time to time impose by resolution regardless of quality of fish.
(b) No person shall land his fish in any beach within the jurisdiction of the council without having registered as a member of the fisherman cooperative society regulating the business of fishing in that beach or any other body recognized by the council.
(d) No person, firm or company shall buy or deal in schedule 2 of these By-laws fish as designated by the council resolutions under these by laws in excess of 100 kg except through a cooperative at a beach or lake shore and shall pay “cess” as it appears in the latest gazette notice of the fish bought or sold to the council through the society. The said cess may be raised by the council resolutions as and when deemed fit.
4(a) No permit shall be issued by the council to any fish dealer unless the fish dealer has been licensed by the department of fisheries.
(b) Subject to the provisions of paragraph 5 of these By-laws no person shall transport or cause to be transported within the areas of Taveta Town Council any fish unless:-
(i) Such transportation is in respect of a quality not in excess of the cess free domestic allowance and not consigned out of or being moved from such area or.
(ii) Such fish produce is being transported to unauthorized buyer and is accompanied either by council official report issued by the council or by a written authority to transport such fish issued by an authorized buyer.
c) The license issued under these By-laws shall expire on 31st December of the year of issue and shall not be transferable.
5. Nothing in those By-laws shall apply to the movement of fish within the beaches, lake shore or river within the jurisdiction of the town council of Taveta to the nearest authorized market bulking centers dealers or place of inspection within the district.
6. The license shall be displayed in the business premises or be carried by the licensee together with the receipts for the cess paid.
(b) Upon payment to him of any fee payable under these By-laws unauthorized agent shall thereupon issue a receipt ad cess certificate in the form set out in the first schedule to these By-laws and such receipt and certificate shall be produced and shown on demand to any inspector authorized by the council. The authority shall have powering his discretion to refuse to issue or renew a license without assigning any reason for so doing.
7. Any inspector or police or administrative police officer may order any transporter to stop and may make such enquiries and such inspection of the goods carried by the transporter as may be necessary for the purpose of enforcing these By-laws.
8. Any person who contravenes or fails to comply with the provisions of these By-laws shall be guilty of an offence and shall be liable on conviction to a fine of four thousand shillings in respect of first offence or imprisonment for a period not exceeding six months and for second a fine offence not exceeding six thousand shillings or imprisonment for a period not exceeding nine months or both such fines and periods of imprisonment.
By order of the Town Council of Taveta