Comprehensive Guide To The Wildlife (Protection) Act: Understanding Regulations And Amendments

Wildlife (protection) Act, 1972

• It defines wildlife to include any animals, bees, butterflies, crustaceans, fish and moths and aquatic or land vegetation which form part of any habitat.

• The act along with Wildlife protection rules, provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forest that sustain them.

It defines five types of protected areas

1. National parks
2. Wildlife sanctuaries
3. Community reserves
4. Conservation reserves
5. Tiger reserves

The act further provides for:

• Prohibition of hunting
• Protection and management of wildlife habitats
• Establishment of protected areas and reserves such as national parks, wildlife sanctuaries, tiger reserves, conservation reserves and community reserves.
• Management of zoos etc.

The act has four schedules with varied degree of protection to different kind of animals and plants.

• Schedule I provide absolute protection and offences under these are prescribed the highest penalties.
• The penalties for schedule II are less and these animals are protected.
• Schedule III include protected plant species. Schedule III contains endemic plants, which are prohibited from cultivation and planting. The cultivation and trade of specified plants can only be carried out with prior permission of competent authorities. They plants are as follows:
• Beddomes cycad – medicinal, EN
• Blue vanda (medicinal)
• Kuth
• Ladies slippers orchids
• Pitcher plant
• Red vanda
• Tree turmeric
• Neel kurinji
• Common yew
• Dafoddil orchid
• Indian podohyllum
• Gold threat, Mishmi teeta
• Schedule IV Specimens listed in the Appendices under CITES (scheduled specimens)

National Board for Wildlife (NBW)

• A statutory body constituted through WPA, 1972.
• Chaired by PM, vice chairman- Minister of Environment

Functions:

• Advises centre on policy decisions
• Review all wildlife related issues, approve projects in and around national parks and sanctuaries.
• Boundaries of NP or WLS can’t be changed without permission of NBW

Permitted Hunting of Problematic Wild Animals

• Section 11(1)(a) of the WPA authorizes Chief Wildlife Warden to permit hunting of any problem wild animals only if it can’t by captured, tranquilized or translocated.

Declaring few species as vermin

a) Under Section 62 of WPA, 1972 States can send a list of wild animals to the centre requesting it to declare them vermin for selective slaughter.

• Central government by notification, declare any wild animal of schedule II to be vermin for any area and for such period as may be specified therein and so long as such notification is in force, such wild animals shall be deemed not to be have been included in schedule II.
• For e.g : Monkeys were declared vermin in 11 districts ‘ 91 Tehsils and subtehsils of Himachal Pradesh in Feb 2019 for 1 year.
• Increased population of monkey has started impacting farmers. The incidence of crops being damaged by monkeys had been increasing.

Wildlife (protection) act, 2022

Changes in the preamble

• Instead of words “protection of wild animals, birds and plants”, the words “conservation, protection and management of wildlife” were substituted in the preamble.

Reduction in number of schedules

• The Bill reduces the number of schedules from six to four.
• Schedule I — Animal species that will enjoy the highest level of protection including those which are critically endangered.
• Schedule II Animal species that will be subject to a lesser degree of protection
• Schedule III Protected Plant species
•  Schedule IV Specimens listed in the Appendices under CITES (scheduled specimens)

Implementation of CITES

• Addition of Chapter VB provides regulation of international wildlife trade as per provisions laid by CITES. The Central Government shall form a Managing Authority and a Scientific Authority to regulate import export of specimens of species.

Management of Wildlife Sanctuaries

• Under Section 33B, the Bill provides power to State governments to form an Advisory Committee consisting of Chief Wildlife Warden, members of legislature, wildlife NGOs and Panchayat Raj to manage wildlife sanctuaries. This Committee along with Gram Sabha shall formulate management plans for wildlife sanctuaries and conservation reserves. This is the first step to transfer the decision making

process towards being people centric.

Criteria to declare animals “Vermin “

• The Principal Act( Under Schedule V) and the amendment both use the term ‘Vermin’ to describe species which can be hunted under certain conditions, to keep their numbers in check. eg Mice, rats, crows.

References to Forests Rights Act, 2006 (FRA)

• According to Clause 13, 15 and 17 which seek to amend Section 33, 35 and 38 of the principal Act, the management of Sanctuaries should be done according to provisions of the FRA act wherever applicable.
• The Amendment Bill empowers the Gram Sabha and other local village institutions to collectively protect the forests, wild animals and biodiversity and take action against any activity posing threat to wildlife.

Permission to carry out subsistence fishing in and around Protected Areas

• Under Section 29 and 33, The Bill allows low intensity, small-scale fishing in rivers and other water bodies in and around protected areas. This lifts the blanket ban which prohibits all types of fishing activity in and around Protected Areas, which had caused many people to lose their livelihood.

Invasive species

• The amendment to Section 62A of the principal Act recognizes the threat to ecosystems from invasive alien species and also provides for the establishment of a Scientific Authority (as per CITES) to advise on matters related to trade of such species.
•  It also grants power to the Central Government to regulate or prohibit import, trade, possession or proliferation of such species.

Use of Protected Areas

• Under the amendment of Section 29, the bill relaxes the norms on grazing of cattle and use of drinking water by the local communities living inside the protected areas until they are settled elsewhere.

Trade of Live Elephants

• The amendment proposes a new subsection (4) under Section 43:” Provided that the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership shall be subject to such terms and conditions as may be prescribed by the Central Government.” This amendment can lead to legalization of elephant trade in India. This is potentially problematic given the horrific plight of India’s captive elephants.

Ownership of captive animals and trophies

• Under section 42A, any person possessing a captive animal or a trophy can voluntarily surrender it to the government without expecting any compensation for the same. Such live animals will be taken under care of rescue centers if they are not suitable to be released in the wild.

Prohibition of renewal of license of firearms.

• Under amendment of section 34, No renewal of any license under the Arms Act, 1959, shall be granted to any person residing within ten kilometres of a sanctuary except under the intimation to the Chief Wildlife Warden or the authorized officer.”.

Enhanced penalties:

• The Bill also enhances the penalties prescribed for violation of provisions of the Act. For ‘General violations’, the maximum fine has been increased from Rs 25,000 to Rs. 1 lakh. In the case of Specially protected animals, the minimum fine of Rs. 10,000 has been enhanced to Rs. 25,000.

1. Change in definition of ‘zoos’: Zoos will hereby serve as the areas for ex-situ conservation, rescue centers and breeding centers in addition to their purpose being that of exhibition of animals.