KASA Code of Conduct
Kenya Association of Sea Anglers
Code-of-conduct for tourism related water sports activities within Kenya’s territorial waters
Definition
Sports or other activities including boat trips carried out on or in the ocean as a tourism service provider for financial gain.
Application
This code shall apply to all persons offering a service involving a water sport as defined in this code to tourists on the Kenya Coast.
Types of Watersports
3.1 Boating – bare-boat charters; boat trips; cruising; and dolphin / whale watching excursions.
3.2 Diving – cave diving; free diving; scuba diving; snorkelling; and wreck diving.
3.3 Fishing – deep sea fishing; inshore fishing; kayak fishing; and shore-based fishing.
3.4 Sailing – dinghy sailing; kite surfing; traditional sailing craft; racing; windsurfing; and yachting.
3.5 Surfing – body boarding; stand-up paddle surfing; and surfing on ocean waves or on artificial waves.
3.6 Waterskiing – barefoot waterskiing; flowboarding; skimboarding; skurfing; wake boarding; and waterskiing.
3.7 Others – canoing; jet skiing; kayaking; paddle skiing; rafting; and rowing.
Part A – excursions or activities not involving a boat
Appearance
4.1 All equipment will be maintained in good condition at all times;
4.2 Any damage or malfunctioning equipment will be repaired to standards defined by the international body for that sport if such exists.
4.3 All staff including instructors / guides will be smartly turned out and identifiable as such.
4.4 All facilities including buildings and jetties will be kept clean and tidy at all times.
Maintenance of Equipment
Maintenance of equipment should be done as recommended by the international governing body for the sport if such exists or at least must be inspected and maintained at regular intervals.
Safety Standards
6.1 This code recognizes that every sport has specific risks attached to it and it is beyond the scope of this code to cover all of them;
6.2 Best practices as generally accepted internationally must be adopted in Kenya;
6.3 No unnecessary risk should be taken that may endanger the lives of client, instructor, or spectators with special regard to the experience of the client and of the prevailing conditions.
6.4 The practice of the sport should not inconvenience others who have an equal right to be in the location, e.g. swimmers, snorkelers etc.
Competancy of Instructors and Guides
7.1 This code recognizes that every sport has different requirements of knowledge and experience to qualify as an instructor save to say that all instructors must have been certified by an international association if no local body exists.
7.2 Any instructor should lodge his credentials with the Ministry of Tourism as part of licensing requirements
7.3 Where no system of certification for instructor exists a letter detailing the persons experience should be lodged with the Ministry of Tourism.
Insurance
8.1 All water sports tourism ventures must comply with current requirements governing insurance stipulated in the Laws of the Republic of Kenya.
Children
9.1 If children are limited by age in participating in a sport by an internationally recognized sports body then that age limit will be deemed to apply in Kenya.
9.2 Children must be afforded extra care and attention with special regard to the age, gender and physical development of the child.
9.3 At no time should any child under the age of 16 years be left unattended and unsupervised by an experienced instructor.
9.4 Children below the age of 16 years should be restricted from going outside of the reef when operating sports equipment alone.
9.5 Children under the age of 16 years may not participate in any sporting activity without the written consent of a parent or guardian.
Responsibility
10.1 RESPONSIBILITY OF THE OWNER
10.1.1. The owner shall ensure that the requirements of this code are met;
10.1.2. The owner shall ensure that the staff, including instructors and guides is fully conversant with the provisions of this code;
10.1.3. A log book of operations with names of clients, age of children, times, name of instructor and weather shall be maintained at all times.
10.2 RESPONSIBILITY OF INSTRUCTOR OR GUIDE
10.2.1. The instructor or guide is directly responsible for the safety and well-being of his/her clients;
10.2.2. The instructor or guide will not take any person for the sporting activity if he/she should consider the weather / sea conditions dangerous with special regard to the age, physical development or experience of the prospective client.
First Aid
11.1 Every operator shall provide a clearly labelled first aid box that shall include but not be limited to bandages, plaster, mercurochrome, disinfectant cream, seasick tablets, headache pills, soothing cream, (for sunburns and bites), cotton-wool, scissors etc.
11.2 Every operator must provide a list of emergency services with telephone numbers that is easily accessible.
11.3 It is noted that no person other than a doctor may prescribe any medication other than general first aid.
Part b – excursions or activities involving a boat (general)
Physical Appearance
12.1 Boats will be kept in good running order and sound mechanical condition at all times;
12.2 Boats will be kept hygienically clean inside and washed outside;
12.3 Boats will be regularly antifouled to reduce marine growth on the hull.
12.4 All buildings, moorings, jetties and sites under the control of the operator responsible, must be maintained in good and safe order and kept clean and tidy at all times;
12.5 All staff including captain and crew should be dressed in neat and tidy outfits and be clearly identifiable.
Maintenance
13.1 All equipment including boats, diving gear, engines, fishing equipment, sailing rigs must be regularly maintained in accordance with the manufacturer’s recommendations and generally accepted best practices.
Engines
14.1 Shall be properly installed and regularly serviced according to the recommendations of the manufacturer;
14.2 Engine installation, engine controls, fuel system, electrical installation and steering gear to follow the best marine practice.
Fuel Systems
15.1 Fuel systems including fuel tanks, filters and fuel lines to be installed following best marine practices;
15.2 Fuel should never be carried in open containers;
15.3 If spare fuel must be carried in jerry cans these must be properly secured – petrol cans must never be stored in the cabin. The storage area should have sufficient ventilation.
Refuelling
16.1 Every attempt should be made to minimise the possibility of spillage
Safety Standards
17.1 All boats must comply fully with the requirements of the Laws of Kenya pertaining to safety equipment with respect to their area of operation
Integrity of the Hull
18.1 All boats will be submitted annually for inspection by the Kenya Maritime Authority and be issued with a “Seaworthiness Certificate” an up-to-date copy of which must be filed with the Mombasa and Coast Tourist Association.
18.2 Surveyors from the Kenya Maritime Authority must inspect the hull annually to verify vessel seaworthiness. If the surveyor has any doubts he/she may insist the boat be pulled from the water for closer inspection.
18.3 In the case that a vessel should fail a seaworthiness inspection the vessel must be removed from service until written approval has been given by the Kenya Maritime Authority.
Insurance
19.1 All boats will be insured according to the Laws of the Republic of Kenya
Children
20.1 Children under the age of 8 years may not be carried unless the boat is equipped with life jackets suitable for small children. In rough sea conditions, at night or on boats with low freeboard and speedboats children under the age of 13 years must wear a life jacket at all times
20.2 No person, especially children should be permitted to sit on the bows of a boat whilst underway.
20.3 No child may participate in any sporting activities without either a parent or guardian being present or with the written consent of a parent or guardian.
Responsibility of the Boat Owner
21.1 The seaworthiness and maintenance of the vessel;
21.2 The owner may not force the boat captain to put to sea against his better judgement;
21.3 The owner must ensure that the requirements of this code are met;
21.4 The owner will ensure that the skipper and crew are fully conversant with the requirements of this code and understand and accept their responsibilities;
21.5 Owners must maintain a log book of days with respect of their vessels operation;
21.6 In addition fishing operators should maintain a log book of catches specifying details such as; date, type of fish, location, and weight. They must provide these details to their Association when requested to do so;
21.7 Boat owners must provide the Association with up-to-date copies of certificate of incorporation, tourism licence, seaworthiness certificates, Unregistered Vessels Licence, Fisheries Licence including certificate of Registration for Local Vessel (Fisheries), and insurance certificate where applicable.
Responsibility of the Boat Captain
22.1 Is responsible for the safety of the vessel, crew and passengers whilst at sea
22.2 The skipper will not put to sea if the weather and sea conditions are deemed to be dangerous with special regard to the sea handling capabilities of the vessel;
22.3 Will have due respect to sea conditions with special regard to his boat’s handling capabilities
22.4 Will go to the assistance of any vessel that requests assistance but in so doing should not place his/her vessel in danger;
22.5 Must not take his/her boat further from shore than the boat is licensed to go;
22.6 Will ensure that sufficient fuel is carried for at least twice the proposed journey time;
22.7 Will ensure that there is sufficient fresh water on board relative to the number of passengers and double the anticipated journey;
22.8 Will maintain regular communication with his/her base and/or other boats by VHF radio and must show due regard to other radio users. If the unit so allows channel 16 should be monitored at all times;
22.9 Will ensure that a good lookout is maintained at all times especially at night and in bad weather;
22.10 Will ensure that navigation lights are used from sunset to sunrise;
22.11 At night or in poor weather conditions no person may be permitted on to the side decks or bow unless absolutely necessary in which case life jackets must be worn;
22.12 Will ensure that crew and passengers are not placed in to a dangerous situation during the normal operation of the vessel;
22.13 Will not take any unnecessary risks that might endanger the vessel, crew or passengers;
22.14 Will not put to sea under the influence of alcohol or drugs and will not partake in either whilst at sea;
22.15 Will respect the rights of other boat users and will practice generally accepted codes of good seamanship.
Competency
23.1 Boat captain’s to have passed a suitable standard of competency and be in possession of a certificate issued by a reputable authority. A “reputable authority” being one that has been approved by the Kenya Maritime Authority.
23.2 At least one other member of the crew must be capable of steering the boat and of navigating safely back to base;
23.3 The captain and preferably the crew must be conversant in English and must be polite and willing to help clients;
23.4 Captain and crew of fishing vessels should be familiar with International Game Fishing Association rules and be well versed in catch-and-release.
23.5 The captain of dive boats must be familiar with the plans and requirements of the dive master.
First Aid
24.1 All boats to be equipped with a first aid box stocked sufficiently for the number of persons on board at any time containing items such as; bandages, plaster, mercurochrome, disinfectant cream, seasick tablets, headache pills, soothing cream, (for sunburns and bites), cotton-wool, scissors etc.
24.2 It is noted that no person other than a doctor may prescribe any medication other than general first aid.
Waste Collection and Disposal
25.1 All boats must have suitable receptacles for collecting non-biodegradable waste for proper disposal on shore;
25.2 Non-biodegradable material must never be discarded at sea nor at the mooring.
Part c – categories of vessels used for tourists
Inshore Sheltered Waters, Creeks and Lagoons
26.1 This part applies to vessels operating only within creeks, channels and lagoons inside the reef and limited to 1 nautical mile from the shore.
26.2 Vessels in this category are expected to abide by the preceding parts of this code in addition to this part;
26.3 Although a motor boat in this category may not be required to carry two engines they must have an alternative means of propulsion sufficient to reach base and local rules may apply.
26.4 Only vessels designed as sailing craft may be permitted to use sail as a means of propulsion;
26.5 This part includes traditional sailing craft such as “ngalawas”, which are still expected to comply with this code if carrying tourists;
26.6 No vessel in this category may carry tourists from 6pm – 6am unless equipped with navigation lights.
Coastal Near-Shore Waters
27.1 Vessels in this category are limited to no more than 5 nautical miles from shore;
27.2 Vessels in this category are expected to abide by parts A and B in addition to this section;
27.3 Motor vessels in this category are required to have two engines each capable of propelling the vessel at a reasonable speed sufficient to reach base;
27.4 There should be reasonable seating and shade on motor vessels;
27.5 Boats in this category should be equipped with either a marine toilet or a portable chemical toilet. Marine toilets must be plumbed following best marine practices. Chemical toilets should use the correct chemicals to avoid foul smells.
27.6 Vessels in this category are expected to adhere to the regulations laid down by the Kenya Maritime Authority with respect of this category.
Offshore
28.1 This part applies to boats operating beyond 5 nautical miles from shore;
28.2 Vessels in this category are expected to abide by parts A and B in addition to this section;
28.3 Motor vessels in this category must be equipped with two engines each capable of propelling the vessel at a reasonable speed sufficient to reach home.
28.4 All vessels in this category must be equipped with a marine toilet installed following best marine practices;
28.5 Decks should be well scuppered and if not of bare timber should be covered with some non-slip composition or material;
28.6 Should be sheltered accommodation to seat the number of persons licensed to be carried with a proper marine toilet and hand washing facilities;
28.7 The steering should be installed following best marine practices with an alternative means of steering available should the main steering fail;
28.8 It is recommended that a small cooker capable of making hot drinks, heating soup etc. be provided with the gas bottle stored on deck. The gas bottle must be fitted with a drain/vent overboard.
28.9 Should be fitted with a good steering compass professionally swung and checked for accuracy, GPS, marine VHF radio and in addition a depth sounder is recommended.
part d – general requirements
Marketing and Administration
29.1 Brochures, advertisements and other promotional literature must not contain misleading statements or information;
29.2 Advertisements and promotional literature must be practical and must not contain implied criticism or disparagements of other members / boat operators;
29.3 Operators must respect their respective Associations Codes of Conducts;
29.4 Booking terms and cancellation conditions must be specified in their tariffs;
29.5 Fishing boats must specify if the catch belongs to the customer or to the crew;
29.6 All correspondence should be replied to within 2 days, in the event that it is not possible to reply fully, an acknowledgement should be sent, stating that a full reply will follow within a week;
29.7 All hire craft operators will honour charter bookings on the terms and dates agreed. If, for reasons beyond their control (e.g. technical problems, crew sick) they cannot honour their agreements, the operators must immediately inform the clients of the problem, and book them on an alternative boat of similar standard and price if such is available.
Discipline
30.1 Any breach of discipline by a member will be reported to the Mombasa and Coast Tourist Association;
30.2 Disciplinary action resulting from the report will be taken by the association committee according to their constitution.
Complaints and Refunds
31.1 Operators must adopt adequate procedures for dealing promptly and fairly with complaints of any sort. They must be prepared to make reasonable refunds in relation to any justified complaint; |
