Exotic Wild Species

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Context

The Ministry of Environment, Forest and Climate Change (MoEFCC) has set August 28 as the final date for declaring any possession of exotic wild species listed under Schedule IV of the Wild Life (Protection) Act, 1972.

Wild Life (Protection) Act, 1972

• The Wild Life (Protection) Act, 1972 is a legislative measure enacted by the Parliament of India for the protection of plants and animal species.
• Before 1972, India had only five designated national parks. Among other reforms, the Act established scheduled protection, making the hunting of certain animal species or harvesting of these species largely illegal.
• The Act extends to the entire country and provides for the protection of wild animals, birds, and plants, addressing connected or incidental matters.

Schedules and Levels of Protection

• Schedules I and Part II of Schedule II: Provide absolute protection, with offences under these schedules prescribed the highest penalties.
• Schedules III and IV: Offer protection, but the penalties for offences are lower.
• Schedule V: Includes animals such as common crows, fruit bats, rats, and mice, which are legally considered vermin and may be hunted freely.
• Schedule VI: Specifies endemic plants that are prohibited from cultivation and planting.

‘Exotic Species’ and its Regulation in India

• ‘Exotic species’ is a term used to refer to a species not found in a concerned habitat or geographical area, hence, non-native.

No regulation until recently

• Until recently India lacked any regulatory framework pertaining to exotic wild animals.
• The need for such regulations gained global attention following the outbreak of the COVID-19 pandemic, which was believed to be a 'zoonotic disease' originating from China's Wuhan wet market.

Illegal Exotic Wildlife Trade in India

Report by TRAFFIC India

• Between 2011 and 2020, India’s airports seized over 70,000 native and exotic wild animals, as reportedby TRAFFIC India. Animals that are seized and cannot be repatriated due to unclear origins or potential refusal from their country of origin undergo quarantine procedures. Subsequently, they are relocated to local zoos, which have high mortality rates.

World-Wide Fund for Nature-India Report

• According to the World-Wide Fund for Nature-India Report there have been reports of 56 seizure incidents of exotic wildlife in India in 2022. These incidents were reported in 10 states: Assam, Jharkhand, Kerala, Maharashtra, Manipur, Meghalaya, Mizoram, Tamil Nadu, Tripura, and West Bengal; and one in Union Territory, Delhi.
• Seizures were reported at airports, air cargo stations, railway stations, international post offices, and areas near international borders.
• About 4,000 exotic animals were recorded in the 56 seizure incidents. These included the broad groups of mammals, birds, reptiles, fish species, and insects.

Concerns associated with seized and captured animals

• Many seized or captured animals do not survive due to a lack of well-equipped wildlife rescue and rehabilitation centres across the country. The current facilities lack the infrastructure and expertise necessary to properly treat, monitor and provide essential housing, care and healthcare to seized exotic wild animals.
• Many zoos are ‘overflowing’ with seized exotics and due to shortage of space have had to turn away some animals. The lack of scientific quarantine, quality veterinary care and rehabilitation puts the welfare of these animals at risk.
• It also presents a risk of zoonotic diseases due to insufficient disease surveillance.

Recent steps taken for regulation in India

Voluntary Disclosure Scheme (VDS)

• Following the COVID-19 outbreak in 2020, a Voluntary Disclosure Scheme (VDS) was notified by the Ministry of Environment, Forest, and Climate Change (MoEF&CC) to address the threat of zoonotic diseases and develop an inventory of exotic live species for improved compliance under Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), a treaty ratified by India in 1976.
• The VDS granted immunity from investigation and prosecution if one declared illegal procurement or possession of exotic live species, i.e., any animal or plant species moved away from their native region by March 15, 2021, essentially granting amnesty.

Amendments made to the Wildlife (Protection) Act, 1972

• The Wild Life (Protection) Amendment Act, 2022 came into effect on 1st April 2023.
• Section 49 M of this Act mandates the registration of possession, transfer, birth, and death of living scheduled animal species listed in the CITES Appendices and Schedule IV of the Wild Life (Protection) Act, 1972.
• Thus, through the 2022 amendment to the Wild Life (Protection) Act, exotic wildlife listed in the CITES appendices are now included under the scope of the Act.
• Prior to this, the EXIM policy regulated the trade of exotic species in India. However, this presented a gap in intervening in the possession and trade of CITES-listed species beyond the trade points. Now, the inclusion of the species in the national legislation can help take enforcement actions on violation of the provisions of CITES.
• Ownership of such exotic wildlife is now subject to punishment in the absence of requisite documentation. 

Introduction of New Rules for Exotic Species

• The MoEFCC had notified the 'Living Animal Species (Reporting and Registration) Rules, 2024' in February 2024. These rules were established to regulate and monitor the keeping and breeding of highly endangered exotic wild animals.
• In April 2023, the government introduced a legal framework that made it compulsory for exotic wild animal keepers to obtain a separate mandatory license to possess and breed exotic animals in captivity, particularly those listed under Appendix I of Schedule IV.

Mandatory Reporting via PARIVESH 2.0

Individuals who possess exotic wild species must submit their applications electronically through the PARIVESH 2.0 portal to the Chief Wildlife Warden of the relevant state.

Challenges persisting

• The dearth of infrastructure has not been addressed or eased through the recently notified Rules.
• The new 'Living Animal Species (Reporting and Registration) Rules, 2024 rules also fail to address the management of exotic species if they are accidentally or deliberately released into the environment.
• Once released, exotic invasive species can outcompete native species for resources, leading to declines in native biodiversity. Rule 7 of The Living Animal Species (Reporting and Registration) Rules, 2024 makes an inconsequential mention of this happening but lacks teeth as no degree of deterrence is affixed:

1. ensure that the animal species does not escape from the facility; 
2. inform any escape of the animal species to the nearest forest office having jurisdiction immediately and not later than twenty-four hours of such escape; 
3. be liable for damages, if any, caused due to such an escape.

Looking Ahead

To mitigate the risk of inadvertently fuelling illicit exotic pet trade due to the lack of enforcement capacity, several measures could be implemented.

• Firstly, investing in comprehensive training programmes for forest department personnel focused on the identification of exotic species and understanding relevant laws and regulations is essential.
• Strengthening partnerships with local communities, conservation organisations, and CITES itself can enhance intelligence gathering and facilitate coordinated efforts to combat illegal trade. This training should be ongoing and involve collaboration with wildlife protection organisations, species experts and law enforcement agencies.
• Additionally, leveraging technology such as AI-powered tools for species identification could augment the capabilities of enforcement officers.
• Lastly, allocating adequate human and fiscal resources specifically dedicated to monitoring and enforcing regulations related to exotic pets is crucial to ensure effective enforcement without overburdening the forest departments.

PRACTICE QUESTION Q. Highlight the issues in India's regulatory framework for managing exotic species. Suggest measures on how to mitigate the risk of inadvertently fuelling illicit exotic pet trade in India.

SOURCE: INDIAN EXPRESS