Regulatory and Compliance Affairs (Licensing)
The Regulatory, Enforcement and Compliance Affairs Department has the overall responsibility for administration, regulation and co-ordination of all transactions in wildlife and their products.
This is outlined in the following three broad areas:
- Filming Authority
- Export/ Re-export permits Fees
- Wildlife Utilization Permitting
All applications for export or re- export or import permits will be processed on the basis of their conformity to the Wildlife (Conservation and Management) Act and where applicable, relevant international conservation conventions, such as CITES. Depending on their nature, applications may be directed the Scientific Authority both within and outside KWS and / or other Divisions within KWS for inspection, investigation, consultations and recommendations.
Individuals or organizations wishing to export or import wildlife specimens will be required to make an application to the Director, KWS using official forms. Applications will take 21 working days to process.
Export/ Re- Export Permit
The following guidelines will apply to requests to export specimen for the stated purposes:
Applicants who wish to export scientific specimens will be required to attach the following documents to their application forms:
- Research permit from the Ministry of Education, Science and Technology
- Research/ project proposal
- Letter of support from KWS Research Division
- Material transfer agreement (MTA) with Government of Kenya or an affiliate Kenyan institution
- Preliminary study findings (for on-going research)
- KWS Application form (in addition to NCST Application form)
- Curriculum vitae
- Letters of support/Affiliation + Institutional profile
- Collaborative agreements (if collaborative research)
- NCST ( National council of science and Technology ) Clearance for research
- NEMA ( National Environmental Management Act ) Access Permit
- KWS Prior Consent (PIC)
Applicants who wish to export personal effects will be required to attach to the application form original certificates for ownership/ legal possession of or in case of re- export, import permit for the specimen they wish to export.
Export of wildlife products from commercial breeding/ planting operations
The planting/ breeding operation should initially have been authorized by KWS. The applicant will be required to apply for the export permit using official forms. The application will be subjected to a field inspection by KWS officers and the Scientific Authority for recommendations before issuance of the export permit.One would also require a Phytosanitary Health Certificate from Kenya Plant Health Inspectorate Services (KEPHIS) for the case of plant material and Veterinary Health certificate from the Directorate of Veterinary Services(DVS), Kabete for the case of animal materials.
Importation of wildlife products from commercial breeding/ planting operations
Applicants who wish to import wildlife specimen will initially make an application using the official application forms.The applicant will be required to present documents issued by a competent authority of the country of origin.These include, but are not limited to certificate of possession and CITES or non- CITES export permit as is necessary.One would also require a Phytosanitary Health Certificate from Kenya Plant Health Inspectorate Services(KEPHIS) for the case of plant material and Veterinary Health certificate from the Directorate of Veterinary Services(DVS), Kabete for the case of animal materials.
Export/ re-export/ import permits
- CITES import/ export/ re-export permit Ksh. 2,000.00
- Non- CITES import/ export/ re-export permit Ksh. 1,000.00
Filming in National Parks and National Reserves is guided by the Film and Stage Plays Act (Chapter 222)
STANDARD FILMING CONDITIONS IN KWS MANAGED PARKS & RESERVES.
- Filming in parks is guided the films & stage plays act cap 222.
- All applicants for filming in parks and reserves shall produce a filming permit from the Ministry of Information and Communications through approved agent.
- Applications for filming shall be accompanied by a synopsis.
- Approved filming applications shall be subjected to filming fees as follows:-
- 1 - 5 crew member …………………………………..Ksh 8000 per week or part thereof
- 6 - 10 crew member ……………………………….Ksh 12,000 per week or part thereof
- 11 and above crew member …………….Ksh 20,000 per week or part thereof
- Where authority has a significant impact on the environment , the proponent shall pay 15% as environment restoration fees, which shall be the total sum paid to KWS during the filming ,that is, park entry, camping, filming and charges for services provided by the park management.
- The filming fees does not include camping & park entrance fees or any service provided by the park management.
- All filming fees shall be paid upfront upon approval.
- Upon approval, the director shall subject the film maker to any conditions deemed necessary for better management of the film.
- All film producers shall report to the respective park warden before filming.
- Shall abide by all park regulations and rules.
Community wildlife utilization programme was initiated in 1990 and is guided by Wildlife Conservation and Management Act and Other relevant national legislations.Program guides on alternative investment opportunities in wildlife Products-Cushions effects of Hunting Ban & revocation of dealership in wildlife products.KWS develops and reviews guidelines for sustainable wildlife management
Types of Wildlife Utilization operations
- Wildlife Farming (breeding (captive and rearing and ranching of animal species) and artificial propagation of wild plants for commercial exports
- Captive keeping of certain animal species for display as an ecotourism enterprise
- Harvesting of wild specimens of fauna and flora for commercial purposes and
- Management of wildlife in sanctuaries for ecotourism, recreation and education as means of commercial enterprising
Procedures for Wildlife Utilization Permitting
- Application for small birds e.g Quails,Guinea fowls
- Application to Director KWS through respective Area Warden
- Application to be supported by a management /Business plan.
- Upon approval of the application, the Area Warden ensures enforcement & compliance.
- Export procedures (Breeding operations for commercial purposes )
- Application to Director for Export Permit
- Inspection of Investment facilities by MA & SA
- Review of application by Licensing Committee
- Approval of Application
- Issuance of Export Permit
- Inspection at source
- Inspection at point of exit
- Commercial breeding operations / artificial propagation & Conservancies /Sanctuaries
Landowners who wish to engage in wildlife utilization have to apply for authority from KWS Director to do so. Authority shall be granted on the basis of information provided by the applicant in a management/business plan that will be subjected to verification by the Area Warden. A wildlife management/business plan giving projections of a minimum of 5 years is recommended. Any intended change of land-use with regard to wildlife utilization operation shall be reported to and authorized by the Director, KWS.
- Submission of application
- The application for authority for wildlife utilization operation shall be submitted to the Director KWS through the respective Area Warden(s).
- The Area Warden shall review the application and make recommendations based on the stipulated standards under these guidelines.
- The Area Warden shall then forward the application to the KWS Licensing Office for consideration.
- KWS Licensing Office shall further review the application and take actions as follows:-
- Approve and issue license if the application meets all the requirements in accordance with these guidelines
- Refer to the Scientific Authorities for information based non-detrimental findings and inspection.
- Upon receiving and reviewing recommendations from the Scientific Authorities, table the application before the Licensing Committee for discussion and action.
- Communicate to the applicant through the Area Warden, the decision of the licensing committee. If approval is granted, the applicant shall be required to put up appropriate physical infrastructures (facility) for the operation.
- Co-ordinate inspection of the facility of the proposed wildlife utilization operation to ensure conformity with the minimum standards of operation of the nature and for a given species under consideration.
- Grant authority and related permits and certificates to operate if the minimum standards in (e) have been met.