CITES, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, stands as a cornerstone in global efforts to protect biodiversity. India, renowned for its rich and diverse ecosystems, has been a pivotal participant in the implementation of CITES regulations within its borders. With a firm commitment to conservation, India has enacted comprehensive policies and laws to uphold the principles of CITES and safeguard its invaluable natural heritage. These measures not only reflect India’s dedication to preserving its wildlife but also demonstrate its active role in the international community’s collective endeavor to combat illegal trade and ensure the sustainable use of endangered species. Through a combination of legislation, enforcement mechanisms, and collaborative initiatives, India continues to play a significant role in the global conservation efforts guided by CITES.
The regulation of international trade in all wild fauna and flora is collectively overseen by the
- Wildlife (Protection) Act of 1972,
- the Foreign Trade (Development Regulation) Act of 1992,
- the Foreign Trade Policy of the Government of India,
- Customs Act of 1962.
WILDLIFE PROTECTION ACT 1972
- The act prohibits the harm to endangered species listed in Schedule I across India.
- Licensing regulates the hunting of species requiring special protection (Schedule II), big game (Schedule III), and small game (Schedule IV).
- Some species classified as vermin (Schedule V) may be hunted without restrictions. Trade in specified plants (Schedule VI) from a designated area specified by the Government of India is prohibited.
- Schedule VI includes all six plants of Indian origin listed in CITES appendices. The act prohibits trade in scheduled animals (Schedule I and Part II of Schedule II).
- It also disallows trade in all types of imported ivory, including that of the African elephant.
- The 2006 amendment led to the establishment of the National Tiger Conservation Authority and the Wildlife Crime Control Bureau (WCCB) with statutory backing.
Foreign Trade (Development and Regulation) Act, 1992
- Export or import must align with the provisions of this act, which empowers the Government of India (GOI) to regulate the import or export of goods, including wildlife specimens and their products.
- The act grants authority to GOI to prohibit or regulate the import or export of specific goods.
Foreign Trade Policy (2009-2014)
- The Foreign Trade Policy, periodically announced by the Ministry of Commerce, details information on prohibited or permitted wildlife and wildlife products for import or export.
- The policy is formulated in consultation with the Management Authority for CITES in India and is enforced through the Customs Act, 1962.
EXIM POLICY
- Export or import of wild animals and plants, their parts, and products is allowed for research and exchange between zoos, subject to licensing by the Director General of Foreign Trade (DGFT).
- Commercial import of African ivory is not permitted under the current policy due to the ban imposed by CITES.
- Import of other wildlife derivatives requires prior permission from DGFT. Import of wild animals as pets is subject to CITES provisions.
ENFORCEMENT: Wildlife Crime Control Bureau (WCCB)
- Established in 2007 under the Wildlife Protection Act, 1972, WCCB is the designated nodal agency for CITES-related enforcement.
- A statutory multi-disciplinary body under the Ministry of Environment, Forest and Climate Change, WCCB has regional offices in Delhi (headquarters), Kolkata, Mumbai, Chennai, and Jabalpur, as well as border units.
- WCCB is mandated to collect and collate intelligence on organized wildlife crime, disseminate information to enforcement agencies, establish a centralized wildlife crime data bank, coordinate actions by various agencies, assist international organizations and foreign authorities, build capacity for wildlife crime enforcement, aid state governments in prosecutions, and advise the Government of India on wildlife crime issues.
- It also assists and advises Customs authorities in inspecting consignments of flora and fauna as per the provisions of the Wildlife Protection Act, CITES, and EXIM Policy.
FAQs on the Regulation of International Trade in Wildlife in India
1. What laws regulate the international trade in wild fauna and flora in India?
A: The international trade in wildlife in India is collectively regulated by several laws, including:
- Wildlife (Protection) Act of 1972
- Foreign Trade (Development Regulation) Act of 1992
- Foreign Trade Policy of the Government of India
- Customs Act of 1962
2. What is the Wildlife (Protection) Act, 1972, and what does it cover?
A: The Wildlife (Protection) Act, 1972, aims to safeguard wildlife in India. It prohibits harm to endangered species listed in Schedule I, regulates hunting in Schedules II, III, and IV, prohibits trade in specified plants in Schedule VI, and includes provisions against the trade of scheduled animals and imported ivory.
3. How does the Wildlife (Protection) Act categorize animals for protection?
A: The Act categorizes animals into different schedules based on their conservation status, with Schedule I providing the highest protection. It covers species such as tigers, Asiatic lions, and elephants. Schedules II, III, and IV regulate hunting of species with varying degrees of protection.
4. What is the significance of the 2006 amendment to the Wildlife (Protection) Act?
A: The 2006 amendment led to the establishment of the National Tiger Conservation Authority and the Wildlife Crime Control Bureau, strengthening the enforcement and protection of wildlife in India.
5. How does the Foreign Trade (Development and Regulation) Act, 1992, contribute to wildlife protection?
A: This act empowers the Government of India to regulate the import or export of goods, including wildlife specimens. It grants the authority to prohibit or regulate the import or export of specific goods, contributing to wildlife conservation efforts.
6. What role does the Foreign Trade Policy play in wildlife protection?
A: The Foreign Trade Policy, announced periodically by the Ministry of Commerce, outlines information on prohibited or permitted wildlife and wildlife products for import or export. It is formulated in consultation with the Management Authority for CITES in India.
7. Is there a specific policy for the export or import of wild animals and plants?
A: Yes, the EXIM Policy allows the export or import of wild animals and plants for research and exchange between zoos, subject to licensing by the Director General of Foreign Trade (DGFT). However, commercial import of African ivory is prohibited due to the CITES ban.
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