Illegal Wildlife Trade: Second Biggest Threat to the Survival of Species

Dhriti Bhadra

INTRODUCTION

Illegal trade in wildlife has become a major threat to the existence of many of the world’s threatened species. Wildlife trade is very similar to trafficking in drugs, humans and counterfeit and it is currently the fourth largest illegal trade.[1] Presumably, illegal wildlife trade generates billions of dollars in fortune. Not all trade is illegal, but even legal trade is escalating into crisis as it results in overexploitation and threatens the very existence of various species.[2] For instance, poaching pangolins for scales has currently become a contentious issue due to the pandemic. These shy creatures are one of the most trafficked mammals in the world, especially in Asia and Africa.[3] Southeast Asia has become a hub of illegal trade in wildlife, functioning as an import-export hotspot.[4] According to a recent short report Indian wildlife amidst the COVID-19 crisis: An analysis of poaching and illegal wildlife trade, there has been significant increase in poaching and trafficking of reptiles and amphibians amidst the pandemic.[5] The air transport sector and social media platforms have emerged as primary channels to smuggle exotic animals. This essay seeks to analyze the harmful implications of illegal wildlife trade, the reasons for the rise in trade during the lockdown period and how the pandemic has not deterred illegal trade. Focus is also laid on the laws passed by the government of India and international regulations governing trade in animals.

WHY ILLEGAL TRADE IN WILDLIFE NEEDS TO BE COMBATED

A study by the University of Florida and the University of Sheffield has found that nearly one in every 5 species of birds, mammals, amphibians and reptiles are bought and sold on the wildlife market globally pushing several species closer to extinction.[6] Animals are usually traded for luxury foods, traditional Asian medicines, clothes and pets. A few examples of commodities of illegal wildlife trade are elephant ivory, pangolin scales, tiger bone, bear gall bladder, horns, and fur. Illegal wildlife trade is the second biggest threat to the existence of species, following habitat destruction. The most devastating result of such an unsustainable trade is extinction. The IUCN has estimated that 958 species are at risk of being wiped out. This will negatively affect our biodiversity and ecosystem.[7]

According to the World Wildlife Crime Report [8], exploitation of nature and illegal trade can not only endanger species, but also promote climate change and transmit zoonotic diseases. Many animals and especially reptiles are carriers of diseases and as a result of increase in human activities such as poaching and trading, such infections can become very common which can have disastrous impact on humans in the future.[9] The consumption of such animals for food and medicinal value leads to zoonotic diseases. There is also a need to remember that wildlife crimes are rarely isolated acts but have emerged as a form of Organized Transnational Crime that operates internationally.[10] The Financial Action Task Force has issued a report to curb wildlife crime amid international concern about transmission of zoonotic diseases and rise in money laundering cases. “The illegal wildlife trade is devastating our wildlife and putting the global ecosystem at risk. Time is running out. To ensure the survival of endangered species, we need to build strong public-private partnerships to prevent, detect and disrupt this activity, following the money that fuels it and the organised crime gangs, poachers and traffickers behind it,” said FATF president Xiangmin Liu.[11] Also unfortunately, consumer demand often outweighs supply leading to over-exploitation. Most of the trade is unregulated and animals are usually procured from marginalized communities in lieu of money consequently, depriving the government of a significant amount of tax revenue. Illegal wildlife trade is used in African countries to finance conflict. For instance, armed groups raise funds by poaching and selling animals. Deforestation is another outcome that has a negative economic and environmental impact on many nations.[12]

SURGE IN CASES OF ILLEGAL WILDLIFE TRADE DESPITE COVID-19 RESTRICTIONS

The lockdown period has witnessed a spike in the sale of wild animals as ‘lockdown pets.’ Several advertisements of discounts and home delivery services of wild animals have been posted on Facebook. Many researchers were surprised at the results as they anticipated a cessation of sales due to the pandemic. Anna Nekaris said, “Advertisements mentioning Covid-19 often stimulated wildlife trade, suggesting pandemic was a great time to buy an exotic pet for companionship.” This online trade is extremely problematic with little to no monitoring possible.[13] For instance, the World Wildlife Fund has reported more than 2,000 wild animals from 94 species for sale on Facebook from Myanmar alone during May, 2020. Despite e-Bay’s strict policy and ban on animal products, elephant ivory is still being sold.[14] Many pages were identified as being associated with illicit wildlife trade such as selling rhino horns and exotic kittens. Although efforts have been made to curb cyber wildlife trafficking, it has not been very successful. Deals are often made secretly, taking down accounts is counterproductive and the law enforcement mechanism is pretty weak. However, new techniques to deal with this problem have been emerging. Image recognition software which detects pictures of threatened species is a major asset which can curb such crimes. For example, ChimpFace is such a tool which focuses on wildlife preservation and can recognize pictures of chimpanzees.[15] Thus, there is still a glimmer of hope to reduce such crimes.

NEW AMNESTY SCHEME INTRODUCED BY THE GOVERNMENT OF INDIA

In November, the Supreme Court upheld an Allahabad High Court order[16] which granted immunity from investigation and prosecution if one voluntarily declared illegal possession or acquisition of exotic species under the Appendices I, II and III of the CITES. The Ministry of Environment, Forest and Climate Change (MoEFCC) has initiated a voluntary disclosure scheme that allows owners of exotic live species that have been acquired illegally, or without documents, to declare the stock between June and December 2020.[17] This scheme addresses the challenge of zoonotic diseases as well as developing an inventory of the species. The disclosure will be done online and will be followed by physical verification. The Chief Wildlife Warden (CWLW) will issue an online certificate within 6 months of the voluntary disclosure and it is compulsory for the owner to allow CWLW to inspect the exotic species on any day declared for verification. This will enable better compliance under the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) along with regulation of their import. The present amnesty scheme is just an advisory and not a law. The advisory doesn’t include species from the Schedules of the Wildlife Protection Act, 1972.[18] Since 1975, CITES has regulated international trade in wildlife and has 183 member countries including India as one of its signatories.[19] According to the Directorate of Revenue Intelligence (DRI), India has emerged as a major hub of illegal wildlife trade in exotic birds and animals. Smuggling of exotic species from wildlife and through illegal channels as pets in the domestic market has become very common and is deeply concerning.[20] Highly endangered species such as Indian star tortoises and black pond turtles are frequently smuggled via air routes to Thailand and Malaysia as pets. Most of the creatures such as rodents, sea horses and tortoises are hidden in suitcases, handbags and baskets which leads to death in some cases. The Amnesty scheme will encourage owners to allow voluntary disclosure and will enable the animals to be transported and repatriated to their natural habitats.

SUGGESTIONS AND CONCLUSIVE REMARKS

Although CITES has been able to reduce wildlife trade and promote other alternatives, there are still many gaps in laws governing wildlife trade. CITES still does not address the root cause of the problem which is the unsustainability of wildlife trade which is driving animals to extinction and has harmful implications on human health.[21] CITES does not cover many species and species under CITES are not consistent with those listed under the Wildlife Protection Act, 1972. There needs to be more consonance between the two to strengthen conservation efforts. Conservationists are urging governments to impose a ban on wildlife trade as to prevent future pandemics and to stop the looming extinction crisis. Many airports lack the capacity to deal with wildlife cases. The focus of the custom department is usually on seizing gold, drugs and ammunition and more focus should be on stringent luggage inspection. Awareness about threatened species, wildlife trade and international conventions should be created among the general public. Tourists should be advised to not buy souvenirs which are procured illegally.[22] Although India has a strong legal framework under the Wildlife Protection Act, 1972, illegal wildlife trade is rampant. TRAFFIC, IUCN and WWF are collaborating closely with governments to curb wildlife crime and to keep it within sustainable limits. To conclude, illegal trade in wildlife is indeed the second leading cause which threatens the very existence of species. To save our planet, we need a reformulation of the wildlife laws and stricter enforcement.

[Dhriti Bhadra is a first-year law student at the National University of Juridical Sciences, Kolkata.]

[1] WWF, Stopping the Illegal Wildlife Trade, January 10, 2021, available at https://www.wwf.org.uk/what-we-do/stopping-illegal-wildlife-trade (Last visited on January 10, 2021). [2] WWF, Illegal Wildlife Trade, January 4, 2021, available at worldwildlife.org (Last visited on January 4, 2021). [3] TRAFFIC, Pangolins: Working to save the world’s most trafficked mammal, January 5, 2021, available at https://www.traffic.org/what-we-do/species/pangolins/ (Last visited on January 5, 2021). [4] The Asian Post, Reptiles Vulnerable to Exotic Pet Trade, January 5, 2021, available at https://theaseanpost.com/article/reptiles-vulnerable-exotic-pet-trade (Last visited on January 5, 2021). [5] TRAFFIC, Indian wildlife amidst the Covid-19 crisis, June 3, 2020, available at https://www.traffic.org/publications/reports/reported-wildlife-poaching-in-india-more-than-doubles-during-covid-19-lockdown/ (Last visited on January, 10, 2021). [6] 1 in 5 species: study looks at scale of global wildlife trade, The Indian Express October 5, 2019. [7] NRDC, Wildlife Trade 101, August 15, 2019, available at https://www.nrdc.org/stories/wildlife-trade-101 (Last visited on January 5, 2021). [8] United Nations Office on Drugs and Crime, World Wildlife Crime Report, July 9 2020, available at https://www.unodc.org/documents/data-and-analysis/wildlife/2020/World_Wildlife_Report_2020_9July.pdf (Last visited on January 10, 2021). [9] Supra Note 3. [10] UNEP, A new report looks at illegal trade of plants and animals, July 10, 2020, available at https://www.unenvironment.org/news-and-stories/story/new-report-looks-illegal-trade-plants-and-animals (Last visited on January 5, 2021). [11] Esha Roy, Illegal wildlife trade needs to be penalized: FATF, The Indian Express June 26, 2020. [12] Supra Note 5. [13] Explained Desk, New research: Illegal trade in wild animals is unaffected by pandemic, The Indian Express December 24, 2020. [14] Weny news, Elephant ivory still being sold on eBay despite 12-year ban, January 5, 2021, available at https://www.weny.com/story/43130299/elephant-ivory-still-being-sold-on-ebay-despite-12-year-ban (Last visited on January 5, 2021). [15] National Geographic, The black-market trade in wildlife has moved online, and the deluge is ‘dizzying’, December 18, 2020, available at https://www.nationalgeographic.com/animals/2020/12/how-internet-fuels-illegal-wildlife-trade/ (Last visited on January 5, 2021). [16] Dinesh Chandra vs U.O.I. [17] Shiv Sahay Singh, People importing “exotic live species” must make voluntary disclosure: Centre, The Hindu June 11, 2020. [18] Khushboo Narayan, Declare exotic pets, avoid prosecution: how one-time scheme works, The Indian Express, December 13, 2020. [19] Ishan Kukreti, Worldwide legal wildlife trade increased by 2,000% since 1980, DownToEarth December 10, 2020. [20] Supra Note 13. [21] Supra Note 14. [22] Mahima Jain, Excess baggage: How wildlife is trafficked by air in and out of India, MONGABAY July 10, 2020.