Explained: The significance of Centre’s landmark advisory on exotic animals

As the outbreak of COVID raised concern around the world regarding illegal wildlife trade and zoonotic diseases, the Ministry of Environment Forest and Climate Change in June 2020 issued an advisory to streamline the process for import and possession of exotic live species.

The ministry stated that people importing “exotic live species” will have to make a voluntary disclosure.

With the Supreme Court recently upholding the advisory, let’s take a look at it, its implications and significance, animal smuggling in India and what experts are saying:

What are exotic live species?

As per the ministry, exotic live species are animal or plant species moved from their original range (location) to a new one.

These species are introduced to a new location most often by people.

As per The Hindu, several exotic species of birds, reptiles, small mammals, fishes and even some plants are imported.

The ministry has defined “exotic live species” as only “the animals named under the Appendices I, II and III of the Convention of International Trade in Endangered Species (CITES) of Wild Fauna and Flora”. (CITES Appendix I, no trade happens, Appendix II trade can happen with prior permission and in Appendix III there are a large number of animals and birds which can be traded.)

Why did the ministry make such a move?

Because many people in India possess Convention of International Trade in Endangered Species (CITES) but there is no unified information system available of such stock of species at the state or central level.

What does the advisory say?

• The environment ministry will collect stock information from the holders of such species through voluntary disclosure in next six months.
• It added that the registration will be done for the stock of animals, new progeny, as well as for import and exchange.
• This will help in better management of the species and guide the holders about proper veterinary care, housing and other aspects of well-being of the species.
• The database of exotic animals will also help in control and management of zoonotic diseases on which guidance would be available from time to time to ensure safety of animals and humans
• The ministry said the declarer would not be required to produce any documentation in relation to the exotic live species if the same has been declared within six months of the date of issue of the advisory.
• For any declaration made after six months, the declarer shall be required to comply with the documentation requirement under the extant laws and regulations
• Holders of such species have to visit the website (www.parivesh.nic.in) and fill up the requisite forms in order to complete the stock registration process.
• Anyone trying to import a live exotic animal will have to submit an application for grant of a licence to the Directorate General of Foreign Trade (DGFT), under the provisions of the advisory, as per Insight on India.

The importer will also have to attach a No Objection Certificate (NOC) of the chief wildlife warden of the state concerned along with the application, as per the website.

Implications and significance  of advisory

The advisory, which later extended the date of the voluntary disclosure scheme to 15 March, 2021, saw more than 30,000 Indians apply for the amnesty scheme, as per a report published by IndiaSpend.

As per Insight on India, the advisory will help in better management of the species and guide the holders about proper veterinary care, housing and other aspects of well-being of the species.

The database of exotic animals will also help in control and management of zoonotic diseases on which guidance would be available from time to time to ensure safety of animals and humans, as per the website.

Experts speaking to The Hindu hailed the move, saying it would create a process where all imports will be screened.

Imports at the moment are made through the Director General of Foreign Trade and state forest departments are left out of the loop, they told the newspaper.

“This move is going to be a disabler in the business of wildlife trade. Exotics are a major problem for us because of invasive species and possible ecological imbalance if they are released in the wild,” Jose Louise, who heads the wildlife crime prevention unit for the Wildlife Trust of India, told The Hindu.

“This is the first time that CITES Appendix listed animals will be examined by the State Forest department. Earlier it was limited to customs officers to check whether the animal is being imported following CITES rule. For CITES Appendix III listed animals, the department has no role in it once they crossed the customs point,” Louise added.

“This is the first step in controlling the illegal pet trade,” he said, adding that thus far forest officers had no control over pet shops because the owners say they are not Indian species and hence not protected under the Wildlife Protection Act.

As per Insights on India, the move will help improve management of the species and offer guidance to holders regarding proper veterinary care, housing and other aspects of well-being of the species.

The database of exotic animals will also help in control and management of zoonotic diseases on which guidance would be available from time to time to ensure safety of animals and humans.

Animal smuggling in India

However, as per Mongabay, wildlife trafficking in India persists despite these efforts.

As per Hindustan Times, in June three kangaroos were rescued from two separate locations in north Bengal’s Jalpaiguri district. Authorities are investigating how the animals were brought into the country.

India’s CITES membership as well as its strong laws (Wildlife Protection Act, 1972) – prohibiting the trade of over 1,800 species of native plants, animals, and their products – are ineffective in tackling wildlife trafficking as these laws/advisories are often poorly communicated and enforced, as per the website.

Wildlife experts told the website India needs stronger laws to deal with exotic species that have been smuggled into the country, which is a huge lacuna that is exploited by smugglers to feed the exotic pet trade.

As per the World Wildlife Fund (WWF), wildlife trafficking is the fourth largest form of transnational organised crime (after smuggling of drugs, human trafficking, and counterfeiting) worth an estimated £15 billion per annum.

Despite being a part of the CITES (Convention on International Trade in Endangered Species of wild fauna and flora), India is currently among the top 20 countries for wildlife trafficking, and among the top 10 for wildlife trafficking by air.

As per Indian Express, the UN Environment Programme (UNEP) says elephant tusks, pangolin scales, tiger skins and parts of Indian star tortoises are just some of the wildlife parts that have been confiscated at Indian airports as part of a growing trend of exploiting airports to traffic illegal wildlife.

The 2020 World Wildlife Report found that 6,000 different species of flora and fauna were seized between 1999 and 2018.

Suspected traffickers from around the world were identified, illustrating that wildlife crime is a global issue.

The latest report by UNEP’s partner TRAFFIC, a wildlife trade monitoring agency, found that over 70,000 native and exotic animals and their derivatives were trafficked through 18 Indian airports between 2011 and 2020.

“India is among the top ten countries in terms of using the airline sector for wildlife trafficking,” said Atul Bagai, head of the UNEP in India. “This is an unwanted accolade.”

With inputs from agencies

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