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wildlife conservation and management act 2013

Introduction

The Wildlife Conservation and Management Act, 2013 (WCMA) is a comprehensive piece of legislation that governs the conservation and management of wildlife in Kenya. It repealed the Wildlife Conservation and Management Act, 2000, and introduced significant changes to the legal framework for wildlife protection. This response will delve into the key provisions of the WCMA, highlighting its objectives, scope, and implications for wildlife conservation in Kenya.

Table of Contents

1. Sources

2. Objectives of the WCMA

3. Scope of the WCMA

4. Key Provisions of the WCMA 4.1. Wildlife Management Areas 4.2. Wildlife Conservation and Management Councils 4.3. Wildlife Licensing and Permits 4.4. Wildlife Offences and Penalties 4.5. Community Participation in Wildlife Conservation

5. Conclusion

Sources

• Wildlife Conservation and Management Act, 2013

• Constitution of Kenya, 2010

Objectives of the WCMA

The WCMA aims to achieve the following objectives:

• Conservation and Management of Wildlife: The Act seeks to ensure the sustainable conservation and management of wildlife resources for the benefit of present and future generations. This includes protecting endangered species, maintaining biodiversity, and ensuring the ecological integrity of wildlife habitats. (Section 3 of the WCMA)

• Sustainable Utilization of Wildlife: The Act recognizes the importance of sustainable utilization of wildlife resources for economic and social development. This includes promoting wildlife tourism, hunting, and other forms of wildlife utilization that are compatible with conservation principles. (Section 3 of the WCMA)

• Community Participation: The Act emphasizes the importance of community participation in wildlife conservation and management. It recognizes the rights and responsibilities of local communities in managing wildlife resources within their areas. (Section 3 of the WCMA)

• Enforcement and Compliance: The Act provides for a robust enforcement framework to ensure compliance with its provisions. This includes establishing penalties for wildlife offenses and empowering relevant authorities to investigate and prosecute offenders. (Section 3 of the WCMA)

Scope of the WCMA

The WCMA applies to all wildlife species found in Kenya, including:

• Wild Animals: This includes all mammals, birds, reptiles, amphibians, fish, and invertebrates that are not domesticated. (Section 2 of the WCMA)

• Wildlife Habitats: The Act covers all natural habitats that support wildlife, including forests, grasslands, wetlands, and marine ecosystems. (Section 2 of the WCMA)

• Wildlife Products: The Act regulates the trade and use of wildlife products, such as ivory, rhino horn, and bushmeat. (Section 2 of the WCMA)

Key Provisions of the WCMA

4.1. Wildlife Management Areas

The WCMA establishes a system of Wildlife Management Areas (WMAs) to facilitate community-based wildlife conservation and management. These areas are designated by the Cabinet Secretary for Tourism and Wildlife, in consultation with local communities. (Section 10 of the WCMA)

• Community Ownership and Management: WMAs are managed by local communities, who have the right to participate in decision-making processes and benefit from wildlife utilization activities. (Section 10 of the WCMA)

• Sustainable Utilization: Communities are allowed to utilize wildlife resources within WMAs in a sustainable manner, such as through tourism, hunting, and other forms of wildlife utilization. (Section 10 of the WCMA)

• Revenue Sharing: Communities receive a share of the revenue generated from wildlife utilization activities within WMAs. (Section 10 of the WCMA)

4.2. Wildlife Conservation and Management Councils

The WCMA establishes Wildlife Conservation and Management Councils (WCMCs) at the national, county, and community levels. These councils are responsible for advising the government on wildlife conservation and management policies. (Section 12 of the WCMA)

• National Wildlife Conservation and Management Council: This council is responsible for providing overall policy guidance on wildlife conservation and management in Kenya. (Section 12 of the WCMA)

• County Wildlife Conservation and Management Councils: These councils are responsible for advising the county governments on wildlife conservation and management matters within their respective counties. (Section 12 of the WCMA)

• Community Wildlife Conservation and Management Councils: These councils are responsible for managing wildlife resources within WMAs and advising the county governments on wildlife conservation and management matters within their respective communities. (Section 12 of the WCMA)

4.3. Wildlife Licensing and Permits

The WCMA requires licenses and permits for various wildlife-related activities, including:

• Hunting: Licenses are required for hunting wildlife, with specific quotas and regulations in place to ensure sustainable utilization. (Section 24 of the WCMA)

• Wildlife Trade: Permits are required for the trade of wildlife products, such as ivory, rhino horn, and bushmeat. (Section 25 of the WCMA)

• Wildlife Research: Permits are required for conducting wildlife research, ensuring that research activities are conducted ethically and responsibly. (Section 26 of the WCMA)

4.4. Wildlife Offences and Penalties

The WCMA defines various wildlife offenses and prescribes penalties for their commission. These offenses include:

• Poaching: Hunting or killing wildlife illegally. (Section 60 of the WCMA)

• Illegal Trade: Trading in wildlife products without a permit. (Section 61 of the WCMA)

• Habitat Destruction: Destroying or damaging wildlife habitats. (Section 62 of the WCMA)

• Wildlife Cruelty: Causing unnecessary suffering or injury to wildlife. (Section 63 of the WCMA)

Penalties for wildlife offenses can include fines, imprisonment, or both. (Section 64 of the WCMA)

4.5. Community Participation in Wildlife Conservation

The WCMA emphasizes the importance of community participation in wildlife conservation and management. It provides for the following mechanisms:

• Community Wildlife Conservation and Management Councils: These councils are responsible for managing wildlife resources within WMAs and advising the county governments on wildlife conservation and management matters within their respective communities. (Section 12 of the WCMA)

• Revenue Sharing: Communities receive a share of the revenue generated from wildlife utilization activities within WMAs. (Section 10 of the WCMA)

• Community Conservation Agreements: Communities can enter into agreements with the government to manage wildlife resources within their areas. (Section 11 of the WCMA)

Conclusion

The Wildlife Conservation and Management Act, 2013, is a landmark piece of legislation that provides a comprehensive framework for wildlife conservation and management in Kenya. It emphasizes community participation, sustainable utilization, and robust enforcement mechanisms to ensure the long-term conservation of Kenya's rich wildlife heritage. The Act's provisions are crucial for balancing the needs of conservation with the economic and social development aspirations of the Kenyan people.