Implementing Regulation for the Protection of Wildlife and Their Products and Derivatives of the Environmental Law

Article (1) - Definitions

  • The meanings of the following words and phrases - wherever they appear - are defined as follows, unless the context requires otherwise:

    • The Kingdom: The Kingdom of Saudi Arabia.

    • The Law: The Environmental Law.

    • The Regulation: The Implementing Regulation for the Protection of Wild Species, their Products, and Derivatives.

    • The Ministry: The Ministry of Environment, Water, and Agriculture.

    • The Minister: The Minister of Environment, Water, and Agriculture.

    • The Competent Center: The National Center for Wildlife, or the National Center for Vegetation Cover Development and Combating Desertification, each according to its jurisdiction.

    • The Person: Any natural or legal person, whether public or private.

    • The Agreement: The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to which the Kingdom acceded under Royal Decree No. (M/9) dated 8/5/1416 AH.

    • The Appendices of the Agreement: The lists of species included in Appendices (1), (2), and (3) of the Agreement, and any amendments made to them.

    • The Conference of the Parties: The periodic meeting of the member states of the Agreement.

    • The Lists: The lists of wild species issued by the Board of Directors of the Competent Center, or any amendments made to them.

    • Wildlife: Any living or dead organism that scientifically belongs to animal or plant groups, excluding humans and domesticated or tame animals.

    • Derivative: Anything extracted from wild species, whether naturally or unnaturally.

    • Product: Any part of any wild organism, whether partially or fully manufactured or unmanufactured.

    • Sample: Refers to:

      • A- Any wild organism listed in the lists issued by the Competent Center, or the Appendices of the Agreement.

      • B- Any product or derivative that is indicated by accompanying documents, or by a mark or label, or by other circumstances to be from a wild organism listed in the lists issued by the Competent Center, or the Appendices of the Agreement.

    • Trade in Wild Species: Import, export, re-export, or introduction from the sea, or transit, or transfer, or sale, or display, or propagation of any sample of wild species for any purpose, including international trade and personal acquisition.

    • International Trade: Any export, re-export, import, or transit, or unloading, or reloading subject to the customs regulations of the competent authority, or any introduction from the sea.

    • Introduction from the Sea: The transfer to the Kingdom of any sample taken from a marine area not subject to the sovereignty of any state.

    • Transit: Passage through ports subject to the sovereignty of the Kingdom while transferring samples between countries.

    • Display: The use of wild species in exhibitions, events, advertising, and promotion.

    • Sale: Any form of sale, and for the purposes of this Regulation, leasing, bartering, exchanging, and gifting are considered as sale.

    • Propagation: Wild animal species that reproduce using natural or artificial reproductive techniques for one or more generations in a fully or partially controlled environment, according to what is issued by the Conference of the Parties.

    • Captivity: Any place controlled fully or partially where live wild organisms are kept.

    • Care: The care of live wild species samples and their preservation under captivity.

    • Acquisition: Possession or care of any sample of a wild organism, or product, or derivative for any purpose.

    • License: A document issued by the Competent Center to carry out any activity related to the trade in wild species samples, or dealing with them.

    • The Licensee: The person who obtains a license in accordance with the provisions of the Regulation.

    • Certificates of Ownership: A document issued by the Competent Center proving individuals' ownership of live wild species samples, enabling them to transfer them between countries.

    • Dealing with Wild Animal Species: Any act performed by a person that directly or indirectly affects wild species; or their behavior; or their natural balance.

    • Death: The act that leads to the end of the life of a living wild animal organism.

    • Slaughter: Killing a wild animal organism by cutting or slaughtering for food or other purposes.

    • Harm: Any interaction with a wild organism that causes damage to it.

    • Compensations: What is paid by the party responsible for damage, pollution, or environmental degradation; to remedy the damage resulting from such harm, pollution, or environmental degradation or to remove it. This includes rehabilitation costs that are paid if the responsible party is unable to carry out the rehabilitation.

Article (2) - Scope of Application

  • The provisions of this Regulation apply to all individuals within the territory of the Kingdom, with regard to the protection of wild organisms.

Article 3 - Scope of Work of the Competent Center Regarding the Protection of Wild Fauna, Their Derivatives, and Their Products

  • The specialized center -each according to its jurisdiction- shall undertake all necessary actions to protect wildlife and achieve the objectives of the Law and Regulation in this regard, including the following:

    • (1) Preparing and issuing lists of wildlife species to which the provisions of this Regulation apply, taking into account the lists of wildlife species included in the annexes of the Agreement.

    • (2) Determining quotas for species that can be exported or imported for each type of wildlife samples.

    • (3) Preparing and issuing controls and conditions related to the protection of wildlife; regulating trade in its samples; and handling them.

    • (4) Preparing and approving the rules, conditions, and controls related to the licenses issued by it, determining the financial fees for them, and collecting them.

    • (5) Preparing a list of practices or activities related to wildlife that require obtaining a license or approval from the specialized center.

    • (6) Issuing and renewing licenses for activities related to the protection of wildlife; regulating trade in its samples; and handling them.

    • (7) Addressing administrative, executive, technical, and operational matters related to the Agreement, and communicating in this regard with the Secretariat of the Agreement, other countries, and relevant international organizations.

    • (8) Monitoring the implementation of the Agreement's provisions and the Kingdom's commitments towards it, in coordination with relevant authorities.

    • (9) Promoting community awareness regarding the protection of wildlife.

    • (10) Preparing guidelines for activities related to the protection of wildlife; trade in its samples; and handling them.

    • (11) Qualifying specialists (veterinarians; agricultural engineers; port and customs authorities, and others) from relevant authorities to apply the provisions of this Regulation and the Agreement in accordance with the Law.

    • (12) Establishing, managing, and operating wildlife rehabilitation centers.

    • (13) Identifying designated outlets for importing, exporting, re-exporting, or transiting wildlife samples, and the designated ports for that, in coordination with relevant authorities.

    • (14) Preparing reports and national performance indicators related to the protection of wildlife, and submitting them to the ministers for approval and publication.

    • (15) Preparing reports and national performance indicators related to the protection of wildlife, and submitting them to the Ministry for approval and publication.

    • (15) Establishing a national database and records regarding the protection of wildlife; trade in its samples; and handling them.

    • (16) Preparing a mechanism for calculating compensations for violations committed, and the costs of housing wildlife associated with violations of the provisions of the Law and Regulation, and submitting them to the Ministry for approval.

    • (17) Inspecting and applying the provisions of this Regulation, including monitoring actual local or electronic markets and coordinating in this regard -when necessary- with relevant authorities.

    • (18) Coordinating -when necessary- with the relevant authority in the Ministry of Interior regarding the enforcement actions against violators of the provisions of this Regulation.

Article 4 - Licenses for Activities Related to Wild Organisms

  • First: General Provisions

    • (1) Without prejudice to the provisions of the executive regulations of the relevant system, it is prohibited for individuals to engage in any activity related to the wild species listed in the lists of the relevant center or the Agreement without a License. Such activities include the following:

      • A- Trading in samples of wild species.

      • B- Cultivating wild species.

      • C- Breeding species of wild organisms raised in captivity.

      • D- Propagating wild species in captivity.

      • E- Releasing wild species into the wild.

      • F- Feeding wild species in the wild.

      • G- Hybridizing wild species.

      • H- Killing or slaughtering a live non-threatened wild organism raised in captivity.

      • I- Using wild species for study and scientific research purposes, without prejudice to the relevant regulations.

      • J- Introducing any biological control means into the Kingdom, or using any of them.

      • K- Any other activities - of a similar nature - specified by the relevant center.

    • (2) An individual must submit a request for a License from the relevant center, accompanied by the documents and papers - related - specified by the relevant center, before engaging in any of the activities specified in paragraph (1).

    • (3) The relevant center may seek the assistance of experts and consultants to technically study the requests.

    • (4) The relevant center may request any additional documents related to the claim.

    • (5) Individuals must comply with the controls and conditions of the License issued by the relevant center.

    • (6) It is prohibited for the licensee to return or waive the License to others.

    • (7) It is prohibited for the licensee to use the License for purposes other than those for which it was issued or for samples or quantities of wild species specified in the License.

    • (8) The licensee must establish a database and records for the samples of wild species included in the License according to the controls set by the relevant center, and provide it with any other related information requested.

  • Second: Licensing Procedures

    • (1) The relevant center shall issue its decision on the License request within (30) working days from the date of completing the request, and it may - if necessary - extend the period by an additional (15) working days.

    • (2) The relevant center shall issue the License after the payment of the required fees.

    • (3) The relevant center may refuse to issue the License, provided that the refusal is justified.

    • (4) An individual may object to the decision of the relevant center within (5) working days from the date of issuing the decision regarding the request, and the relevant center shall reconsider the request if it finds the objection to be valid.

    • (5) The relevant center specifies the types and quantities of wild species samples exempted from the licensing procedures for trading in wild species and their products, in a manner that does not conflict with the Agreement.

  • Third: Controls for Trading Licenses for Wild Species Samples

    • (1) The validity of the import or storage License shall not exceed (12) months from the date of issuance.

    • (2) The validity of export and re-export Licenses shall not exceed (6) months from the date of issuance.

    • (3) The validity of the transit License shall not exceed (5) days from the date of entry into one of the Kingdom's ports.

    • (4) The validity of the transport License shall not exceed (30) days from the date of issuance.

    • (5) The validity of the international trading License shall be (once) for each shipment, even if the entire quantities specified in the License are not traded.

    • (6) The relevant center determines the validity period of other trading Licenses according to the mechanism it adopts and the nature of each License, provided that it does not exceed (5) years, renewable.

  • Fourth: Controls for Licenses to Deal with Live Wild Species in Captivity

    • (1) The validity period of the License shall be based on the mechanism approved by the relevant center, not exceeding (3) years, renewable.

    • (2) It is prohibited for individuals to trade in species of unknown origin for samples listed in the lists of the relevant center and the Agreement.

    • (3) The licensee must provide the basic living conditions for the wild species in accordance with each type (space, nutrition, temperature, ventilation, lighting, etc.).

    • (4) The licensee must provide healthcare for the wild species and present them to a veterinarian periodically according to the needs of each type.

    • (5) The licensee must provide all suitable conditions for the care and feeding of wild species, including veterinary care, in accordance with their types.

    • (6) The licensee must handle wild species in a manner appropriate to their nature and in accordance with the type of License.

    • (7) The licensee shall be fully responsible for the wild organism and its monitoring and handling under normal and emergency conditions.

    • (8) It is prohibited for the licensee to use any means that cause harm, pain, or distress to the wild organism to force it to act or change its behavior.

    • (9) The licensee must comply with the biosecurity controls and conditions - adopted by the relevant center - in projects for the propagation or housing of wild species.

Article 5 - Certificate of Ownership

  • The provisions of this article apply to samples of live wild animal species for the purpose of repeated international travel.

    • (1) Individuals must obtain a certificate of ownership from the National Center for Wildlife before traveling internationally with samples of live wild animal species.

    • (2) The validity of the certificate of ownership is a maximum of (3) years from the date of issuance, and it is prohibited for an individual to use it in countries other than those specified in the certificate of ownership, or to waive it, lend it to others, or use it for purposes other than those for which it was issued.

    • (3) Individuals must comply with the regulations and requirements of the relevant center and the terms of the agreement regarding the certificate of ownership.

    • (4) Individuals must obtain the necessary licenses and approvals - according to the mechanism specified by the relevant center - if they wish to export, sell, gift, or waive the live animal samples for which ownership certificates have been issued.

    • (5) Individuals must notify the National Center for Wildlife in the event of loss or death of the wild animal species for which a certificate of ownership has been issued, and surrender the certificate of ownership to them.

    • (6) Individuals must notify the National Center for Wildlife in the event of loss or damage to the certificate of ownership.

Article 6 - Dealing with Wild Living Organisms in Captivity

  • It is prohibited for individuals to deal with live wild organisms in captivity in any of the following ways:

    • (1) Slaughtering any endangered wild organism that is bred in captivity.

    • (2) Mixing more than one type of wild organism in the same place without regard to their species and nature.

    • (3) Administering any growth-stimulating drugs or inappropriate food to wild organisms.

    • (4) Committing any act that negatively affects the behavior of the wild organism or harms it (torture, confinement, mutilation, stress, starvation, etc.).

    • (5) Subjecting the wild organism to injections, cuts, or any other procedures aimed at altering the natural appearance of the wild organism for the purpose of marketing or displaying it.

    • (6) Any other related acts prohibited by the relevant authority.

    • (7) The authority may exempt any of these acts according to the mechanism it specifies.

Article 7 - Dealing with Wild Animal Species in Nature

  • It is prohibited for individuals to engage in any of the following actions:

    • (1) Releasing non-native wildlife into the wild.

    • (2) Any actions specified by the relevant authority that affect the natural behavior of endangered wildlife present in the wild, or threaten their life, natural reproduction, or stability.

    • (3) Causing harm to wildlife present in nature in any form (torture, beating, mutilation, stress, creating noise, etc.).

Article 8 - Regulations for the Disposal of Wild Animal Species

  • The licensee must adhere to the regulations set by the relevant authority when it is necessary to dispose of captive wild animals, including the following:

    • (1) Obtaining approval from the relevant authority before disposing of the wild animal.

    • (2) Not resorting to death for any sick or injured wild animal before taking all possible measures specified by the relevant authority to treat it.

    • (3) Complying with the regulations and conditions set by the relevant authority when it is necessary to dispose of the captive wild animal by death.

    • (4) Adhering to the regulations and conditions specified by the relevant authority when wishing to dispose of the captive wild animal through gifting.

    • (5) Notifying the relevant authority according to the mechanism it specifies in the event of the death of the captive wild animal, and complying with the regulations and procedures followed by the relevant entities when disposing of it.

Article 9 - Monitoring Violations and Imposing Penalties

  • Violations of the provisions of this Regulation shall be monitored, and the penalties specified in Tables (1) and (2) of the Regulation shall be imposed in accordance with the Executive Regulation for Monitoring Violations and Imposing Penalties under the Environmental Law, taking into account the following:

    • (1) The fines stipulated in Tables (1) and (2) represent the maximum limits, and the competent authority shall determine the amount of the fine based on the nature and severity of each violation and the aggravating and mitigating circumstances.

    • (2) The value of fines for serious violations shall be estimated according to the degree of damage and the classification of the species according to the lists of the competent authority and the Agreement, as well as the economic and social impacts resulting from that damage.

    • (3) The assessment of fines for serious violations mentioned in paragraph (2) of this article shall be carried out by a committee formed of specialists and qualified individuals by a decision of the Chief Executive Officer of the competent authority.

    • (4) A violation shall be considered serious if any of the following conditions are met:

      • A- The actions stated in Articles (Thirty-Five) and (Forty) of the Law.

      • B- Actions that lead to the deterioration of wildlife.

      • C- Actions that cause harm to the natural balance of wildlife and their natural habitats.

    • (5) The violator is obliged to correct the violation, remove the resulting effects, rehabilitate the environment, repair the damage, and pay compensations, in accordance with the conditions and standards set by the competent authority in accordance with the relevant Executive Regulations of the Environmental Law.

    • (6) The authority may, at its discretion, issue one or more warnings to the person before imposing any of the fines stipulated in Tables (1) and (2).

Table (1): Penalties for Violations of Trade in Samples Listed in the Agreement, and the Lists Prepared by the Competent Authority

Previous Amendments

 

No.

Violation

Minimum

Maximum

Type of Violation

Notes

1

Any activity related to wildlife listed in the relevant center's lists or the Agreement without a License

25,000

50,000

Severe

 

2

Using the License for purposes other than those for which it was issued, or lending or waiving it

5,000

10,000

Severe

 

3

Exporting a wildlife specimen without a License

5,000

10,000

Severe

Per specimen

4

Exporting products or derivatives of wildlife without a License

5,000

10,000

The warning principle applies, except for products and derivatives of endangered species

Per kilogram

5

Importing a wildlife specimen without a License

5,000

10,000

Severe

Per specimen

6

Importing products or derivatives of wildlife without a License

2,000

4,000

The warning principle applies, except for products and derivatives of endangered species

Per kilogram

7

Re-exporting a wildlife specimen without a License

5,000

10,000

Severe

Per specimen

8

Re-exporting products or derivatives of wildlife without a License

2,000

4,000

The warning principle applies, except for products and derivatives of endangered species

Per kilogram

9

Introducing a wildlife specimen from the sea without a License

7,000

15,000

Severe

Per specimen

10

Introducing products or derivatives of wildlife from the sea without a License

5,000

10,000

The warning principle applies, except for products and derivatives of endangered species

Per kilogram

11

Transit with a wildlife specimen without a License

3,000

5,000

Severe

Per specimen

12

Transit with products or derivatives of wildlife without a License

500

2,000

The warning principle applies, except for products and derivatives of endangered species

Per kilogram

13

Transferring a wildlife specimen without a License

3,000

5,000

Severe

Per specimen

14

Transferring products or derivatives of wildlife without a License

200

1,000

The warning principle applies, except for products and derivatives of endangered species

Per kilogram

15

Selling a wildlife specimen without a License

3,000

5,000

Severe

Per specimen

16

Selling a wildlife specimen of unknown origin

5,000

10,000

Severe

Per specimen

17

Selling products or derivatives of wildlife without a License

3,000

5,000

The warning principle applies, except for products and derivatives of endangered species

Per kilogram

18

Selling products and derivatives of wildlife of unknown origin

5,000

10,000

The warning principle applies, except for products and derivatives of endangered species

Per kilogram

19

Displaying a wildlife specimen without a License

3,000

5,000

Severe

Per specimen

20

Displaying wildlife specimens of unknown origin

5,000

10,000

Severe

Per specimen

21

Displaying products or derivatives of wildlife without a License

3,000

5,000

The warning principle applies, except for products and derivatives of endangered species

Per kilogram


22

Displaying products and derivatives of wildlife of unknown origin

5,000

10,000

The warning principle applies, except for products and derivatives of endangered species

Per kilogram

23

Breeding or cultivating wildlife without a License

5,000

10,000

Severe

Per specimen

24

Possessing wildlife without a License

5,000

10,000

Severe

Per specimen

25

Failure to comply with the regulations and conditions for displaying, housing, or breeding live wildlife

3,000

5,000

The warning principle applies

Per condition or regulation

26

Failure to comply with the regulations and conditions for the land, sea, and air transport of live wildlife

1,000

(for individuals)

3,000 (for individuals)

The warning principle applies

Per condition or regulation

5,000

(for companies and institutions)

10,000 (for companies and institutions)

The warning principle applies

  • Note: Any weight less than the first kilogram is counted as one kilogram, and any excess is rounded to the nearest half kilogram.

 

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