When tigers and jackals get the same protection

October 18, 2023
Posted by: OptimizeIAS Team
Category: DPN Topics

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When tigers and jackals get the same protection

Subject :Environment

Section: Environment laws

Context:

An inordinate number of species have been included in the new schedules of the Wildlife Protection (Amendment) Act, 2022, without an objective or replicable process.
Schedule 1, which confers the highest protection, contains about 600 species of vertebrates and hundreds of invertebrates, while Schedule 2 contains about 2,000 species (with 1,134 species of birds alone).

Issues for conservation:

The WLPA was originally intended to regulate the use of various species (including hunting), restrict trade, and police the trafficking of species.
The amended Act goes one step further by aligning itself with CITES, and including the CITES appendices. Nowhere in the Act is there a clear connection between endangerment and conservation.
It is unclear where resources should be allocated on the basis of this list.
- A particular consequence of listing has been the presence of the spotted deer (chital) in Schedule 1. Common throughout India, these are invasive in the Andaman Islands and have caused untold harm to the vegetation and herpetofauna. But they cannot be legally culled or removed because of the WLPA.
The Tree Preservation Acts of Kerala and Karnataka proscribe the felling of native trees. Instead of promoting conservation, these Acts disincentivise plantation owners from planting native trees, and promote exotics such as Silver Oak, that they can cut any time they need to.
The new Act elevates wild pigs and nilgai to Schedule 1.

Wildlife Protection Act 1972

Wildlife Protection (Amendment) Act 2022

The WPA Act is the first act which for the first time concluded a comprehensive list of the country’s endangered wildlife.
The Act prohibited the hunting of endangered species.
Scheduled animals are prohibited from being traded as per the Act’s provisions.
The Act provides for licenses for the sale, transfer, and possession of some wildlife species
It provides for the establishment of wildlife sanctuaries, national parks, etc.
Conservation reserves: Under the Act, state governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve, for protecting flora and fauna, and their habitat.
Inclusion in CITES: It helped India become a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES is an international agreement between governments to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species.
Provision of Schedules: The Act created six schedules which gave varying degrees of protection to classes of flora and fauna. Schedule I and Schedule II (Part II) get absolute protection, and offences under these schedules attract the maximum penalties. The schedules also include species that may be hunted.
Penalties: (Section 51 of the Wildlife Protection Act): If the offences committed in connection with the animal described in Schedule-I or Part-II of Schedule-II where the offence was related to hunting in the sanctuary or a national park or exchange in the territory of a sanctuary or a national park, such an offence shall be punishable by imprisonment not less than three years but up to seven years and a fine not exceeding ten thousand rupees.

The Act amends the Wild Life (Protection) Act, 1972 by increasing the species protected under the law.
Center can designate a management authority to grant export or import permits for the trade of specimens and a scientific authority to give advice on the trade impact on the survival of the specimens
Centre will appoint a Chief WildLife Warden who processes applications for breeding in captivity or artificially propagating any scheduled specimen.
Conservation reserves: Under the Act, though state governments still have powers to declare areas adjacent to national parks and sanctuaries as a conservation reserve but act also empowers the central government to a notify a conservation reserve.
Obligations under CITES: Under CITES, plant and animal specimens are classified into three categories (Appendices) based on the threat to their extinction. The Convention requires countries to regulate the trade of all listed specimens through permits. It also seeks to regulate the possession of live animal specimens. The Act seeks to implement these provisions of CITES.
Rationalizing schedules: Act reduces the total number of schedules to four by: (i) reducing the number of schedules for specially protected animals to two (one for greater protection level), (ii) removes the schedule for vermin species, and (iii) inserts a new schedule for specimens listed in the Appendices under CITES (scheduled specimens).
Penalties: The Amended Act prescribes imprisonment terms and fines for violating the provisions of the Act. The Act increases these fines. The Act also enhances the penalties prescribed for violation of provisions of the Act. For ‘General violations’, the maximum fine is increased from Rs 25,000 to Rs. 1 lakh. In case of Specially protected animals, the minimum fine of Rs. 10,000 has been enhanced to Rs. 25,000.

Source: TH