36

Chapter 3. Protection of endangered species at National & International Level

3.1 Introductory: terms & concepts

3.2 Outline

3.3 The causes of endangerment

3.4 Protection of endangered species at National level

3.5 Protection of endangered species at International level

3.6 Critical analysis of Position today

3.7 Overview

This Chapter discussed the various terms concepts relating to species. The protection

available to endangered species at National & international level & critically analyses the

position in India in the light of international protection.

37

3.1- Introduction: Terms & Concepts

It seems appropriate to first become familiar with some of the key terms and concepts:-

The dictionary meaning of endangered species is ―a plant or animal species existing in such a

small number that it is in danger of becoming extinct, especially such species placed in

jeopardy as a result of human activity. One of the principal factors in the endangerment or

extinction of a species is the destruction or pollution of its native habitat. Other factors

include overhunting, intentional extermination, and the accidental or intentional introduction

of alien species that outcompete the native species for environmental resources.‖124

Endangered refers to a species whose population is declining drastically, and is in danger of

extinction.

Threatened applies to those species whose population levels are declining and that are likely

to become endangered in the foreseable future.

A species is a group of living organisms (plants, animals, or microbes) that breed under

natural conditions and are reproductively isolated from other populations. If species which are

considered endangered or threatened are not protected they may become extinct. Species

become extinct when all individuals of that species die. When this occurs, the species and all

the genes of that particular species' genetic line are lost forever. To prevent extinctions it is

important to protect and show respect for the earth's biodiversity.

Biodiversity refers to the total number of species, genes, and ecosystems found on our planet.

It is a representation of the wealth of life on earth, a wealth which has undergone hundreds of

millions of years of evolutionary history, and to which many human cultures have become

adapted. Biological resources provide mankind with all of its foods, and form the basis of

many medicines and industries. The enormous variety of life in the form of genes, species,

and habitats has incredible value as it allows humans to successfully meet the demands of the

ever-changing environment in which we live125

.

124

www.thefreedictonary.com (Accessed on 29th

March 2012) 125

Supra 124

38

3.2 Outline of the chapter-

1. To study protection of endangered species in ancient India, medieval India & British India.

2. To Study the causes of endangerment.

3. To study protection of endangered species at National & International Level.

4. To critically analyze the position of protection of endangered species in post Independence

India

3.3 The causes of endangerment

When discussing the causes of endangerment, it is important to understand that individual

species are not the only factors involved in this dilemma. Endangerment is a broad issue, one

that involves the habitats and environments where species live and interact with one another.

Although some measures are being taken to help specific cases of endangerment, the

universal problem cannot be solved until humans protect the natural environments where

endangered species dwell.126

There are many reasons why a particular species may become endangered. Although these

factors can be analyzed and grouped, there are many causes that appear repeatedly. Given

below are several factors leading to endangerment:

1. Habitat Loss127

Our planet is continually changing, causing habitats to be altered and modified. Natural

changes tend to occur at a gradual pace, usually causing only a slight impact on individual

species. However, when changes occur at a fast pace, there is little or no time for individual

species to react and adjust to new circumstances. This can create disastrous results, and for

this reason, rapid habitat loss is the primary cause of species endangerment. The strongest

forces in rapid habitat loss are human beings. Nearly every region of the earth has been

affected by human activity, particularly during this past century.

It can be difficult for an individual to recognize the effects that humans have had on specific

species. It is hard to identify or predict human effects on individual species and habitats,

126

http://www.endangeredspecie.com (Accessed on 17th

July 2012) 127

Supra 126 (Accessed on 17th July 2012)

39

especially during a human lifetime. But it is quite apparent that human activity has greatly

contributed to species endangerment.128

2. Introduction of Exotic Species

Native species are those plants and animals that are part of a specific geographic area, and

have ordinarily been a part of that particular biological landscape for a lengthy period of time.

They are well adapted to their local environment and are accustomed to the presence of other

native species within the same general habitat. Exotic species, however, are interlopers. These

species are introduced into new environments by way of human activities, either intentionally

or accidentally. These interlopers are viewed by the native species as foreign elements. They

may cause no obvious problems and may eventual be considered as natural as any native

species in the habitat. However, exotic species may also seriously disrupt delicate ecological

balances and may produce a plethora of unintended yet harmful consequences129

.

The worst of these unintended yet harmful consequences arise when introduced exotic species

put native species in jeopardy by preying on them. This can alter the natural habitat and can

cause a greater competition for food. Species have been biologically introduced to

environments all over the world, and the most destructive effects have occurred on islands.

Introduced insects, rats, pigs, cats, and other foreign species have actually caused the

endangerment and extinction of hundreds of species during the past five centuries. Exotic

species are certainly a factor leading to endangerment.

3. Overexploitation

A species that faces overexploitation is one that may become severely endangered or even

extinct due to the rate in which the species is being used. Unrestricted whaling during the 20th

century is an example of overexploitation, and the whaling industry brought many species of

whales to extremely low population sizes. When several whale species were nearly extinct, a

number of nations (including the United States) agreed to abide by an international

moratorium on whaling. Due to this moratorium, some whale species, such as the grey whale,

have made remarkable comebacks, while others remain threatened or endangered130

.

Due to the trade in animal parts, many species continue to suffer high rates of exploitation.

Even today, there are demands for items such as rhino horns and tiger bones in several areas

128

Supra 124 129

http://www.endangeredspecie.com (Accessed on 17th

July 2012) 130

Id

40

of Asia. It is here that there exists a strong market for traditional medicines made from these

animal parts.

4. Other Factors

Disease, pollution, and limited distribution are more factors that threaten various plant and

animal species. If a species does not have the natural genetic protection against particular

pathogens, an introduced disease can have severe effects on that specie. For example, rabies

and canine distemper viruses are presently destroying carnivore populations in East Africa.

Domestic animals often transmit the diseases that affect wild populations, demonstrating

again how human activities lie at the root of most causes of endangerment. Pollution has

seriously affected multiple terrestrial and aquatic species, and limited distributions are

frequently a consequence of other threats; populations confined to few small areas due to of

loss of habitat, for example, may be disastrously affected by random factors131

3.4 Protection of endangered species at National level-

Endangered species in India comprise large varieties of rare species of wild animals, aquatic

animals and insects. Indian wildlife consists of numerous species of birds, mammals, reptiles

etc, and is well known for comprising one of the richest varieties in the world. The Indian

wildlife also contains several endangered species that are living critically on the verge of

extinction. An endangered species is defined as a population of a living being that is at the

danger of becoming extinct because of several reasons. Either they are few in number or are

threatened by the varying environmental or predation parameters. The endangered species in

India have been identified by different national and international organizations like the World

Wildlife Fund (WWF), International Union for Conservation of Nature and Natural Resources

(IUCN) and the wildlife institute India (WII)132

.

Statistics of Endangered Species in India

As per the official records, in India, there are over 1.30 Lacs endangered animal species,

although some experts believe that the number may be even more than the projected figures.

However, some claim that the number is actually much more. The number of endangered

species in India accounts for around 8.86 % of the world`s mammals. The mammals are

extended over 186 genera, 45 families and 13 orders out of which around 89 species are listed

as threatened in the IUCN Red List of Threatened Animals (IUCN 2006).

131

Supra 127 132

Endangered species in India, http://www.indianetzone.com/39 (Accessed on 23rd Jan 2012)

41

Types of Endangered Species in India

The endangered species in India have been divided into 4 main categories133

-

1. Critically Endangered (CR)

2. Endangered (EN),

3. Vulnerable (VU) and

4. Threatened.

This classification was done by the International Union for Conservation of Nature and

Natural Resources (IUCN) and Wildlife Institute of India (WII), in the year 2004. The

population of the endangered species has been decreasing with the passing time.

Critically Endangered and Endangered Species in India

Among the endangered species in India, one of the most critically endangered one is the

Siberian Tiger. Another endangered species in India is one of the big cats, the Golden

Leopard with black marks. The number of this species has been reduced to as low as 14,000

in India. The main reasons behind the decline of Leopard population in India have been the

loss of habitat and also human population pressure on wildlife reserves in India. These

reasons are also a matter of great concern for the other endangered species in India. The major

reason behind the habitat loss is the spread of agriculture. The Royal Bengal Tigers were also

extensively being captured for pet trade, zoos and research, as well as for use in Oriental

medicine, in the past134

.

Some more critically endangered species

India is home to very diverse and rich wildlife which includes over 172 endangered species. A

great deal of effort has been made in the last sixty years to preserve the natural habitats as

well as the population of the wildlife across the Indian landscape. With the encroachment of

human activities on these lands, the natural habitat has been destroyed and has shrunk

considerably. This has endangered not only the smaller avian, reptile and mammal‘s

population but also eroded endemic flora and fauna.135

133

Id 134

Supra 126 135

www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th March 2012)

42

a. Policy during Ancient , Medieval & British India

Wildlife has always been an integral part of the Indian cultural tradition. People of the

subcontinent have always worshipped elements of nature, plants and animals as the revered

symbols of their religions. Animals are associated with many myths, folklore, art forms and

performing arts. Peoples of India identified some animals with their mythological characters

and revered them. Hindu and Buddhist mythology gave the theories of birth those who had

done a good deed as an animal in his earlier life would be born accordingly. Therefore every

human has to live the life of an insect, a reptile, cat, dog and a bird according to his deed.

In Hindu, Buddhist and Jain Mythology, an elephant is considered sacred. All religions also

preach non-violence or ahimsa and compassion for living beings especially animals136

.

In ancient India, the protection and cleaning up of environment was the essence of Vedic

culture. In Hindu theology forests, trees and wild life protection were held as a place of

special reverence.137

Under the Hindu culture moral injunctions acted as guidelines towards

environmental preservation and conservation.

In Devi Karacham of Durga Saptasi it has been clearly said that so long as the earth has

mountains, forests, trees plants, etc. human race will continue to survive. In addition to forests

and other components of nature under the Hindu theology, animals stood with human beings

in a relationship of mutual respect and kindness. As given in Yajurveda, they have been

worshiped by Hindus.138

The Mouryan period was the most glorious chapter of the Indian history from environment

protection point of view. It was in this period that we find detailed and perceptive law

provisions found in Kautilya‘s Arthashastra written between 321 B.C. and 300 B.C. The

necessity of forest administration was realized in this period by chanakya, the prime minister

to Chandra Gupta Maurya and the process of administration was actually put into action with

the appointment of superintendent of forest and the classification of forests on functional

basis.139

136

Shobhna Gupta, Wildlife of India, Har-Anand Publications Pvt Ltd. P-6 (2005) 137

Thakur Kailash, Environmental Protection Law and Policy in India, Deep & Deep Publication Private Ltd.

New Delhi , (2007) at 101 138

Abhyankar Prachar, Kautilya Arthashastra, at 31 139

Forest was classified as forests set apart for the study of religion, forests reserved for the supply of forest

produce, forests set apart for grazing of royal elephants, forests reserved for hunting royalty, forests open to

public hunting.

43

As regards the protection of wild life, there was prohibition on killing of animals and birds.

The officer in charge was authorized to impose fine up to one thousand panas (Old Coin) on

those who were found guilty of killing deers, birds and fish declared to be under State

protection. One – Sixth of live animals and birds were required to let off in forests under state

protection. Care was taken that animals from reserved parks or protected areas if found

grazing in a field, were to be driven out without being hurt or killed, after intimating the forest

officer. For causing injury to them, the fine was imposed. Wild life in sanctuaries enjoyed

complete protection from being killed except when they turned harmful140

.

During the Mouryan reign, State assumed the functions of maintenance of forests, regulation

of forest produce and protection of wild life during the Mouryan reign. Under the

Arthashastra various punishments were prescribed for cutting trees, damaging forest, and

killing animals, fish, deers etc.141

Reign of Ashoka

Mac- Cridndle (1926) has drawn up a graphic account of the royal chase of king

Chandragupta. The game laws were more elaborately described and enforced these through

Dharmaniyamas (duty of moral Discipline) on the principles of ahimsa. He prohibited and

restricted hunting, killing of some species of birds, fishes. The wild animals were protected in

the wildlife sanctuary. Emperor Ashoka (C. 296- 277 B.C.) who was the follower of

Buddhism had a number of endangered edicts and set them up in different sites throughout his

empire. In his proclamations he himself renounced the pleasure of hunting and he encouraged

his subject to follow his example. He proclaimed that slaughter of animals should be reduced.

To set an example he ordered to stop the daily slaughter of several hundreds of thousands of

animals for the palace142

.

The Ashramas (Heritage) of Brahmanas were place of religious practice and killing of animals

were totally prohibited in such protected areas, as such plants and animals flourished

undisturbed. Temples, monasteries, tanks, forests and such other religious places were also

protected; Indian mythology, art and literature formed of integral part of life. The large

number of sacred animals was depicted in temples and monasteries in stone and terracotta

plaques like the elephant headed Ganesha, Boar- headed Varahavtar, the turtle shaped

Kurmavtar, the monkey faced Hanuman, the lion – headed Narasinghavtar etc. Since then,

140

Id 141

V.K. Gupta, Kautilyan Jurisprudence, Delhi (1987) at 155-56 142

Chhanda Das, A Treatise on Wildlife Conservation in India ,(2007) Daya Publishing House, Delhi

44

there was an increasing pressure on wild life till forest management laws were enacted and

enforced by Maurya Kings. The important example we get from the Vishnu Dharmattara is

where eight forest divisions were available of which the Gajavanas (Elephant forests) the

dense forest is one of them, which sheltered the elephant.143

Jainism

Primarily five vratas or vows are enjoined for all the Janinas. One of them is ahimsa or no-

violence. Ahimsa as an anu-vrata means sthula-pranipata-vira-mana or abstention from gross

violence. Violence or himsa means any injury committed through speech or body or mind to

any being, or to cause others to commit such injuries by others. Non violence to any animal-

higher or lower- is always commendable. But as total non-violence is not possible for the

house-holders, they are advised to refrain from gross violence or sthula himsa, which means

taking the life of higher animals or committing any injury to them, or causing others to do so

or to approve of such injuries committed by others.

The Jain scriptures tell us; ―Do not injure abuse or press, enslave, insult, torment, torture &

kill any creature or any living being.‖ This preaching of Mahaveera rendered protection to

living creatures. It creates nearness not only between human beings & nature but also

among the human beings. Lord Mahaveera has explained that man has no existence in

exclusion of nature. He proclaimed a propound ecological truth: ―one who neglects or

disregards the existence of earth, air, fire, water & vegetation, disregards his own existence,

which is entwined with them‖ 144

Buddhism

Killing and hunting of the animals were strictly forbidden by the Brahmins. They would not

even kill small living creatures, insects etc. they could not act as hunter, fishermen or fowlers,

butchers or even tanners. In case of defaulter such people were held in great contempt.

Slaughter – houses were abolished from the city areas although this might be the reason of

health and hygiene. It is astonishing that any actions relating to death of animals were

condoned (Auboyer 1969).

To sum up, ancient India had a philosophy of environmental management principally

enshrined in old injunctions as they were contained in many scriptures and smrities. Abuse

and exploitation of nature for immediate gains was considered unjust, irreligious and against

143

Supra 137 144

Desai Ashok A. Environmental Jurisprudence, Ed. 2 (2002), Modern Law House

45

environmental ethics under the Hindu culture. The environmental ethic of nature conservation

was not only applicable to common man but the rulers and kings were also bound by them145

.

Medieval India

Political instability results in ecological loss. During Moghal period environment conservation

didn‘t receive much attention. To Moghul rulers, forest meant no more than wooded lands

where they could hunt and as properties which yielded some revenue. There was no restriction

on cutting of trees except ‗royal trees‘ which enjoyed patronage from being cut146

.

The religious policy of Akbar based on principles of complete tolerance also reflects concern

for protection of birds and beasts in so much so as endeavour were taken during his reign an

attempt was made to stop their unnecessary killing.

Actions/Laws for Wild Life Conversation Chronologically:

3 BC – The earliest codified laws can be attributed to King Ashoka, who in his decrees

engraved on edicts, prohibited the killing of certain species of animals.

1873 – The Madras Act was passed to prevent the indiscriminate destruction of wild

elephants. This was the first Act under the British regime for regional protection of wild life.

1887 – The Wild Birds Protection Act No 10 of 1887 was passed which enabled the British

government to frame rules prohibiting possession or sale of any kind of specified wild birds

only during breeding Season. Also this Act was only applicable to those areas, which were

under the control and supervision of Municipalities and cantonments under the British regime.

1912 – The Wild Birds and Animals Protection Act No 8 of 1912 was passed. For the first

time, a codified law was enacted prohibiting the killing and capturing of wild animals and the

disobedience of which entailed a penal offence. The Act was also comprised scheduled

animals, which listed birds and animals which could not be killed, captured or sold.

1935- The Wild Birds and Animals Protection Act No 27 of 1935 was enacted. This was a

land mark year in the history of wild life as it was for the first time that the provincial

government, could by notification, set aside an area to be a sanctuary for protection and

growth of wild animals and birds.

1935- This year also witnessed the passing of the government of Indian Act 1935 in which the

legislative powers were distributed between federal and provincial legislatures. The Protection

145

Supra 137 146

Id

46

of Wild Birds and Wild Animals was entrusted to the provincial legislature vide Entry 25 of

the State List.

1952- The first wildlife authority, in the form of an advisory board, was set up in 1952 called

the Central Board for Wild Life renamed as Indian Board for Wildlife.

1972- The Wild Life protection Act 1972 (Act No 53 of 1972) was passed. It was the first

comprehensive Act passed for the protection of wild animals. However, subject to licences,

hunting was permitted for certain purposes such as special, big and small games. Further the

Act also permitted trade of trophies of scheduled animals under a licence.

1973- The ‗project Tiger‘ was launched. Subsequently, several other schemes were initiated

for protection of specific habitats and to save threatened species such as the Asiatic Lion in

Gujarat, Barasigha in Madhya Pradesh, Hangul in Kashmir and many more.

1976 - The constitution (forty-second Amendment) Act 1976 was passed in which art 48A

was Inserted in the Directive principles of state policy, which read as under – The state shall

Endeavour to protect and improve the environment and to safeguard the forests and Wildlife

of the country‘ A separate chapter IVA was incorporated where art 51A (g) states – ‗Its shall

be the duty of every citizen of India to protect and improve the natural environment including

forests, lakes, rivers and wildlife and to have compassion for living creatures‘ Also the

protection of wild animals and birds was transferred as 17B in the concurrent list of the

constitution.

In this manner, the state undertook upon itself an obligation to protect wildlife with a

corresponding duty on the citizens for protection and improvement of wildlife among other

things. Constitution sanctity was bestowed to the process of protection of wild fauna and flora

for the first time.

1976- Ratification of the convention on International Trade in Endangered species of Wild

fauna and flora (CITES) by India on October 18.

1976/77- A separate Directorate of wildlife Education and Research was established.

1980- The Forest conversation Act 1980 was passed, which is interalia, also aimed to preserve

the natural habitat of Indian wildlife.

1982- In the Amendment Act No 23 of 1982, sections 11 and 12 of wild life Act 1972 were

amended which permitted the capture and translocation of wild animals for scientific

management and introduction of endangered species in alternative suitable habitat. The

47

licensing practice for carrying out business in trophies and an animal article was also

amended in Section 44 of the WLPA.

1982- The Wildlife Institute Of India was established whose prime objective was to provide a

professional and scientific support to the management and development of wildlife in India.

1983 –The National Wildlife Action plan was adopted by the Indian board for wildlife which

was inspired by the World Conversation strategy and the Bail Action Plan.

The Chairperson of IBWL, Smt. Indira Gandhi, the then prime Minister of India, outlined a

board framework and strategy for wildlife preservation of India.

1986- A Major step was taken to enforce the provision of CITES under art 253 of the

Constitution of India. A separate Chapter V-A was inserted in the WLPA, which prohibited

trade and commerce in trophies, animal articles derived from animals listed in the scheduled

of the Act147

.

B) Protection of wild life under constitution of India

Article 48- Organization of agriculture and Animal Husbandry.

The State shall endeavor to organize agriculture and animal husbandry on modern and

scientific lines and shall, in particular, take steps for preserving and improving the breeds, and

prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 48A (Protection and improvement of environment and safeguarding of forests and

wild life)

The State shall endeavor to protect and improve the environment and to safeguard the forests

and wild life of the country.

Article 51- A-(g) Fundamental duties- It shall be the duty of every citizen of India - to protect

and improve the natural environment including forests, lakes, rivers and wild life, and to have

compassion for living creatures;

147

Thakur Kailash, Environmental Protection Law and Policy in India, Deep & Deep Publication Private Ltd.

New Delhi , (2007) at 101

48

C) Protection of wild life under Indian Penal Code

Section 47 defines. ―Animal".-The word" animal" denotes any living creature, other than a

human being.

Section 428. Mischief by killing or maiming animal of the value of ten rupees-

Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or

animals of the value of ten rupees or upwards, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

Section 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the

value of fifty rupees

Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant,

camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, of any other

animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either

description for a term which may extend to five years, or with fine, or with both.

3.5 Protection of endangered species at International level

Plants and animals hold medicinal, agricultural, ecological, commercial and

esthetic/recreational value. Endangered species must be protected and saved so that future

generations can experience their presence and value.

Position in Australia

Australia accounts for nearly 10% of the world‘s biodiversity. The unique diversity of

Australia‘s fauna population consists of mammals, reptiles, fish, insects, and amphibians.

Australia holds the greatest diverse population of marsupials. More than a million unique

species are native to Australia. Out of 378 mammals more than 80% are exclusive to

Australia. Out of 869 reptiles, only 96 can be found outside of Australia.

According to the International Union for the Conservation of Nature, Australia has the highest

number of extinct species, making it the country with the most endangered species in the

world. There are a total of 427 endangered or threatened fauna in Australia. The impact of

human activity, changes in landscape, and habitat play a role in endangering these species.

Climate change, habitat destruction, invasive weeds, and feral animals threaten 20% of

Australia‘s animal population with extinction. Chemicals such as pesticides or those that get

49

into the water endanger animals within or around the water. Pollution is a dynamic factor to

plants and animals being endangered.148

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the

Australian Government's principal piece of environment legislation. The EPBC Act, 1999

enables the Australian Government to join with the states and territories in providing a truly

national scheme of environment and heritage protection and biodiversity conservation. The

EPBC Act, 1999 focuses Australian Government interests on the protection of matters of

national environmental significance, with the states and territories having responsibility for

matters of state and local significance.149

The EPBC Act, 1999 protects Australia's native species and ecological communities by

providing for150

:

a) Identification and listing of species and ecological communities which are

threatening-

These processes threaten the survival, abundance or evolutionary development of a native

species or ecological community. Examples of invasive species listed as key threatening

processes are rabbits, foxes, cats, pigs, unmanaged goats, rodents on islands, red imported fire

ants, Phytophthora cinnamomi, chytrid fungus and Psittacine beak and feather disease151

b) Development of conservation advice and recovery plans for listed species and

ecological communities-

The Australian Government Minister for Environment Protection, Heritage and Arts may

make or adopt and implement recovery plans for threatened fauna, threatened flora (other than

conservation dependent species) and threatened ecological communities listed under the

Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC

Act)152

.

Recovery plans set out the research and management actions necessary to stop the decline of,

and support the recovery of, listed threatened species or threatened ecological communities.

148

www.australiasouvenir.com/pages/endangered-species-in-australia.html (Accessed on 30th March 2012) 149

Supra 136 150

www.environment.gov.au/biodiversit (Accessed on 30th March 2012) 151

http://www.environment.gov.au/biodiversity/threatened/ktp.html (Accessed on 20th

April 2010) 152

Supra151

50

The aim of a recovery plan is to maximize the long term survival in the wild of a threatened

species or ecological community153

.

Recovery plans should state what must be done to protect and restore important populations of

threatened species and habitat, as well as how to manage and reduce threatening processes.

Recovery plans achieve this aim by providing a planned and logical framework for key

interest groups and responsible government agencies to coordinate their work to improve the

plight of threatened species and/or ecological communities154

.

c) Development of register of critical habitat

The identification of critical habitat for the Register of Critical Habitat, including location and

extent information, is a matter of ecological judgment, and is based on the most up-to-date

scientific information available to the Threatened Species Scientific Committee and the

Minister for Sustainability, Environment, Water, Population and Communities at the time the

habitat was being considered. As new or additional information becomes available, critical

habitat identified on the Register may be amended.

d) Recognition of key threatening processes

A threatening process is defined as a key threatening process if it threatens or may threaten

the survival, abundance or evolutionary development of a native species or ecological

community. For example, invasive species listed as key threatening processes are predation

by the European red fox, feral rabbits or unmanaged goats.

A process can be listed as a key threatening process if it could:

cause a native species or ecological community to become eligible for inclusion in a

threatened list (other than the conservation dependent category); or

cause an already listed threatened species or threatened ecological community to

become more endangered; or

Adversely affect two or more listed threatened species or threatened ecological

communities.

The assessment of a threatening process as a key threatening process is the first step to

addressing the impact of a particular threat under Commonwealth law.

153

Supra 138 154

Id

51

e) Appropriate, reducing the impacts of these processes through threat abatment plans.

Threat abatement plans provide for the research, management, and any other actions

necessary to reduce the impact of a listed key threatening process on native species and

ecological communities. Implementing the plan should assist the long term survival in the

wild of affected native species or ecological communities155

.

The Australian Government Minister for Sustainability, Environment, Water, Population and

Communities (the Minister), may decide whether to have a threat abatement plan for a

threatening process in the list of key threatening processes established under the

Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC

Act).

Position in USA

There are several laws that have been adopted to regulate the import, export, and sale of

wildlife. There are also laws that protect species from various forms of inhumane treatment,

including capturing and killing. The following summaries were taken from the US Fish &

Wildlife Service, Division of Law Enforcement156

.

Bald and Golden Eagle Protection Act (16 U.S.C. 668-668C).

This Act makes it illegal to import, export, or take bald or golden eagles, or to sell, purchase,

or barter their parts, or products made from them, including their nests or eggs.

Migratory Bird Treaty Act (16 U.S.C. 703-712).

Except as allowed by implementing regulations, this Act makes it unlawful to pursue, hunt,

kill, capture, possess, buy, sell, purchase, or barter any migratory bird, including the feathers

or other parts, nests, eggs, or migratory bird products.

Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371-3378).

This Act provides authority to the Secretary of the Interior to designate injurious wildlife and

ensure the humane treatment of wildlife shipped to the United States. Further, it prohibits the

importation, exportation, transportation, sale, or purchase of fish and wildlife taken or

possessed in violation of State, Federal, Indian tribal, and foreign laws. The Amendments

strengthen and improve the enforcement of Federal wildlife laws and improve Federal

155

Supra 151 156

http://www.endangeredspecie.com/protect.htm (Accessed on 14th July 2012)

52

assistance to the States and foreign governments in the enforcement of their wildlife laws.

Also, the act provides an important tool in the effort to gain control of smuggling and trade in

illegally taken fish and wildlife.

Marine Mammal Protection Act (16 U.S.C. 1361-1407).

This Act establishes a moratorium on the taking and importation of marine mammals,

including parts and products, and defines Federal responsibility for conservation of marine

mammals, with management authority vested in the Department of the Interior for the sea

otter, walrus, polar bear, dugong, and manatee.

Airborne Hunting Act (16 U.S.C. 742j-1).

Section 13 of the Fish and Wildlife Act of 1956 is commonly referred to as the Airborne

Hunting Act, or Shooting From Aircraft Act, and prohibits taking or harassing wildlife from

aircraft, except when protecting wildlife, livestock, and human health or safety, as authorized

by a Federal- or State-issued license or permit.

National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee).

This Act constitutes an "Organic Act" for the National Wildlife Refuge System by providing

guidelines and directives for administration and management of all areas in the system

including "wildlife refuges, areas for the protection and conservation of fish and wildlife that

are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or

waterfowl production areas."

Endangered Species Act (16 U.S.C. 1531-1543).

This Act prohibits the importation, exportation, taking, and commercialization in interstate or

foreign commerce of fish and wildlife, and plants that are listed as threatened or endangered

species. The Act also implements the provisions of the Convention on International Trade in

Endangered Species of Wild Fauna and Flora (CITES).

Antarctic Conservation Act (16 U.S.C. 2401).

The purpose of the Act is to provide for the conservation and protection of the fauna and flora

of Antarctica and of the ecosystem upon which such fauna and flora depend. The primary

prohibitions of the Act make it unlawful for any United States citizen to take any native bird

or mammal in Antarctica or to collect any native plant from any specially protected area

within Antarctica. In addition, the Act makes it unlawful for any United States citizen or any

53

foreign person in the United States to possess, sell, offer for sale, deliver, receive, carry,

transport, import, export, or attempt to import or export from the United States any native

mammal or bird taken in Antarctica or any plant collected in any specially protected area.

African Elephant Conservation Act (16 U.S.C. 4201-4245).

The purpose of the Act is to provide additional protection to the African elephant. The Act

establishes an assistance program to elephant producing countries of Africa and provides for

the establishment of an African Elephant Conservation Fund. In addition, the Act places a

moratorium on the importation of raw or worked ivory from African elephant producing

countries that do not meet certain criteria found in the Act.

Wild Bird Conservation Act of 1992 (16 U.S.C. 4901).

The act promotes the conservation of exotic birds by encouraging wild bird conservation and

management programs in countries of origin; by ensuring that all trade in such species

involving the United States is biologically sustainable and to the benefit of the species; and by

limiting or prohibiting imports of exotic birds when necessary to ensure that exotic wild

populations are not harmed by removal for the trade.

Position in China-

China is a vast country with abundant natural resources and landscapes which provide

habitats for a variety of wildlife. There are over 4,400 species of vertebrates including 1,244

species of birds, 430 mammals, 208 amphibians, 350 reptiles, and 2,300 fishes. China is one

of the countries with largest number of wildlife species.

In the old, beautiful and richly endowed land, there are numerous valuable animals and

various species of rare and endemic wildlife. Giant panda, the golden monkey, the white-

lipped deer, Chinese alligator, brown-eared pheasant and Chinese river dolphin are unique.

Crested ibis, the black-necked crane, Asiatic elephant and nearly a hundred other species

which are endangered or rare in the world are to be found in China. Of the 15 species of

cranes in the world, 9 are found in China. Additionally, China has 18 species of primates,

while many countries in the same latitudes have none.157

In order to put the protection of giant pandas and other wildlife under the law, the Chinese

government put the protection of rare animals and plants into the Constitution. A set of laws,

like the Forest Law, the Law on the Protection of Wildlife, The Environmental Protection

157

http://www.ifce.org/endanger.html (Accessed on 10th July 2012)

54

Law have been made and passed. In 1987, the Standing Committee of the National People's

Congress passed an amendment to the Criminal Law, saying "smugglers of giant pandas shall

have a punishment of at least a 10-year sentence and confiscation of property; under grave

circumstances, life sentence or even death sentence together with a total confiscation of

property shall be applied." These legislative measures have so far effectively protected giant

pandas and other rare animals from human harm.

Besides, lawmakers in northwest China‘s Shaanxi Province enacted a regional law on

November 26, 2007 that is intended to improve protection of the Qinling Mountains, a habitat

of endangered giant pandas. The law, which will take effect on March 1, 2008, is aimed at

preserving biodiversity, preventing soil erosion and promoting harmony between human and

nature in the mountain range, which is a divide between China's north and south. It requires

all future development projects in the Qinling Mountains to be assessed for their possible

impact on the ecology and bans real estate projects and polluting industries in nature reserves,

where the ecology is more vulnerable.158

The Amur leopard is a highly endangered animal. The Amur, or Far Eastern, leopard

(Panthera pardus orientalis) is a subspecies of leopard. There are eight subspecies that range

over Africa and Asia. The Amur leopard is only found in the Russian Far East and North East

China, and is adapted to this cool climate by having thick fur (up to 7.5 cm long in winter),

which is paler than other leopard subspecies. It also has a longer tail than other leopards. The

Amur leopard‘s spots are widely spaced thick black rings with dark centers159

.

Southwest Primorye in the Russian Far East, and along the Russian border in Heilongjiang

Province and Jilin Province in North East China. It is possible that a few leopards also exist in

North Korea, but so far we have not been able to survey this area160

.

3.6 Critical analysis of Position in India

India is a home to very diverse and rich wildlife which includes over 172 endangered species.

A great deal of effort has been made in the last sixty years to preserve the natural habitats as

well as the population of the wildlife across the Indian landscape.

The Bengal tiger, Asiatic water buffalo and Indian elephant are just some of the magnificent

animals walking the plains and tropical rain forest across India. It is amazing to see the herds

migrate from jungle to jungle in order to sustain their population in a good and natural habitat.

158

http://www.china.org.cn/english/environment/236943.htm (Accessed on 10th July 2012) 159

http://www.amur-leopard.org/index.php?pg=wild (Accessed on 10th

July 2012) 160

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With the encroachment of human activities on these lands, the natural habitat has been

destroyed and has shrunk considerably. This has endangered not only the smaller avian,

reptile and mammals population but also eroded endemic flora and fauna161

.

Wildlife in India is considered sacred to the culture and heritage of the country. A great deal

of effort has been made in collaboration with international environmental protection and

wildlife conservation organizations to ensure the safety of the natural habitat of Indian

wildlife. Unfortunately agricultural land has been given the priority and the natural habitat has

been eroded to make way for human occupation.

As human encroachment and settlement increased across the Indian landscape, the wildlife

was cornered in specific areas. These were eventually declared as protected and endangered

areas. Once this status was awarded to a particular area or breed of animal or species of bird, a

great deal of effort was maintained to prevent the poaching and hunting of wildlife. This

helped in increasing the awareness and subsequently the population of endangered and exotic

species.162

There are quite a few sanctuaries, for example the ones in Gujarat, Jammu and Kashmir,

Kerala, Goa and Madhya Pradesh among others. A good thing about the network of Wildlife

Protection in India is that there is one basic administration that runs the Forestry and Wildlife

Department. It has different subsets in each state and the Central Government acts as the main

advisory to each of these divisions163

.

The creation of the Wildlife Protection Act has made it mandatory for each union territory to

have wildlife advisory boards. Furthermore, with the addition of wildlife preservation in the

Constitution the situation has greatly improved in terms of safeguarding wildlife populations

across India.

With the use of information and experience of international wildlife protection agencies like

the World Wildlife Federation which has placed 172 species on the endangered animal list in

India, the total number of national parks and sanctuaries has risen from 5 parks to 69 national

parks. Further, the number of sanctuaries has increased from 60 to more than 410 parks in the

last decade.

161

http://www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 10th July

2012) 162

www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th March 2012) 163

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56

Another interesting fact about the sanctuaries and parks for conserving wildlife in India is that

they are distributed throughout the Indian landscape and even on some islands. The

biodiversity in India is spread across plains and mountains along with the plateaus and coastal

areas.

Each of these areas has been given full attention and therefore resulted in the creation of safe

havens for aquatic and land populations of endangered species across India. From crocodiles

to Tigers and elephants to peacocks there are many species which are protected under the

national conservation projects across the country.164

3.7 Overview

India is a home to very diverse and rich wildlife which includes over 172 endangered species.

A great deal of effort has been made in the last sixty years to preserve the natural habitats as

well as the population of the wildlife across the Indian landscape. With the encroachment of

human activities on these lands, the natural habitat has been destroyed and has shrunk

considerably. This has endangered not only the smaller avian, reptile and mammal‘s

population but also eroded endemic flora and fauna.165

Ancient India had a philosophy of environmental management principally enshrined in old

injunctions as they were contained in many scriptures and smrities. Abuse and exploitation of

nature for immediate gains was considered unjust, irreligious and against environmental

ethics under the Hindu culture. The environmental ethic of nature conservation was not only

applicable to common man but the rulers and kings were also bound by it.

According to the International Union for the Conservation of Nature, Australia has the highest

number of extinct species. Making it the country with the most endangered species in the

world. There are a total of 427 endangered or threatened fauna in Australia. The impact of

human activity, changes in landscape, and in habitat play a role in endangering these species.

China is a vast country with abundant natural resources and landscapes which provide habitats

for a variety of wildlife. There are over 4,400 species of vertebrates including 1,244 species of

birds, 430 mammals, 208 amphibians, 350 reptiles, and 2,300 fishes. China is one of the

164

http://www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 10th July

2012) 165

www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th March 2012)

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countries with largest number of wildlife species166

.all these nations are making and

appropriate laws to protect and conserve wildlife.

166

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