CURBING THE ILLEGAL WILD ANIMAL TRADE

Dr. Jagath Gunawardana1

The term “Wildlife Trade” means the trade in wild animals, wild plants, their parts, and products. Trade in this context may mean the trade within Sri Lanka, exports and imports. This trade can be both legal and illegal. The term “Wildlife Trafficking” is used to denote the illegal trade in wild animals and wild plants. Trade in wildlife is considered “illegal” when it is carried out in contravention of the enactments of the country. The illegal wildlife trade is a major issue in the protection, conservation, and even the very survival of the species.

The internal component of the illegal wildlife trade in Sri Lanka is mainly centered on the flesh of protected species, referred to by some as ‘bushmeat’. This overwhelming component is comprised of mammals and includes well known species such as Spotted Deer, Barking Dear, Sambar deer, and 31, which is an Indian Pangolin. The reptiles that are mostly used in illegal trade are the five species of sea turtles (Green, Olive Ridley, Leatherback, Hawksbill, and Loggerhead)and two species of tortoises (Softshelled Terrapin and Parker’s Terrapin), and the crocodiles (Salt-water and Mugger).In addition, certain species of birds are killed, but it does not happen on a large scale. There is also the illegal sale of turtle eggs and the selling of the eggs of the Large Crested Tern.

The Fauna and Flora Protection Ordinance has protected majority of the mammals, reptiles, and birds found in Sri Lanka. According to Sections 30 (mammals and reptiles) and 31 (birds), it is illegal to kill, hunt or injure and keep any such animal or part in the possession or custody, and to sell or offer for sale any such animal or part. The provisions of Sections 30 and 31 have two categories of protected species, namely “Protected” and “Strictly Protected”. The strictly protected categories are given more protection by having stringent punishments.

According to the lists of Strictly Protected Species, there are 20 mammals,18 reptiles, and 63 birds. It is seen that some marine mammals, notably the Dugong and the smaller whales and dolphins are also butchered for their flesh. This trade which was widespread three decades ago is now mostly under control. All marine mammals are protected and eight species including the mostly hunted Dugong are in the Strictly Prohibited category.

The most controversial aspect of the illegal wildlife trade comprises exports. Although the flesh of mammals is not exported, a notable illegal trade is an illegal trade in the scutes (scales) of the Indian Pangolin. The trade of Pangolin scutes is a major threat to pangolins throughout the world due to which the Indian Pangolin found in Sri Lanka is placed in the Strictly Protected category.

The major categories of illegally exported species are tortoises, lizards, snake amphibians, and fishes which are rare endemic species being especially targeted. The Star Tortoise is one of the most highly prized tortoises in the trade and the sub-species found in Sri Lanka is having a much higher demand than the sub-species found in India. This is because it is more colourful and has well-defined palmate (star) patterning on the upper part of the shell or carapace.

The illegal trade is based mainly on smaller individuals. Another major component in illegally traded reptiles is the lizards, and the Horned Lizards (Ceratophora genus) and the Lyre Head Lizard (Lyriocephalusscutatus) have the highest demand. These are rare endemic species that are confined to specific areas and threatened with extinction. The genus Ceratophorais endemic to Sri Lanka and is the only genus that is strictly protected.

A very unusual item that is illegally exported from Sri Lanka is the nest of the Indian Swiftlet (Collocalia unicolor). This bird nests communally inside caves and has the unusual habit of making the nests with its saliva. The saliva of this bird is comprised of proteins and the nest is made into various food items, the ‘Bird’s nest soup’ being the most famous food item. These nests, which were a traditional food and medicinal item of the Chinese are mostly exported to Europe and USA at present. This is a protected species of birds according to Section 31 of the Fauna and Flora Protection Ordinance and hence the collecting, keeping in possession or custody, and sale of these nests are all offenses and anyone engaged in these can be apprehended too.

The provisions of Section 40 of the Fauna and Flora Protection Ordinance have made it mandatory to obtain a permit from the Department of Wildlife Conservation for the export of any animal or part of an animal. This provision applies to both the protected and non-protected species. Thus, anyone who tries to export any part of a non-protected species such as the shells of land snails too has to obtain a permit. These permits are issued only for scientific and conservation purposes and also for the exchange of specimens between zoological gardens and museums. This section makes it clear the permits are not issued for any trade of wild animals or parts. The provisions of Section 40 can be enforced by the Sri Lanka Customs and can be implemented as if they are part of the Customs Ordinance.

Another important provision that is intended to curb illegal trade is Section 30 of the Fisheries and Aquatic Resources Act. According to Section 30, the minister in charge of the subject of fisheries can make regulations to prohibit or restrict the export of any “fish” or “aquatic resource” The term fish, as defined under Section 66 of the act, means all aquatic animals and covers all forms varying from corals to whales.

There have been regulations made from time to time and have prohibited the export of certain species of freshwater and marine fishes including the Orchid Shrimp too. Those species that need a permit for their export are deemed to be “restricted,” as the Department of Fisheries and Aquatic Resources can impose controls in issuing permits for exports. The export of Spiny Lobsters, Chank Shells, and Sea Cucumbers are also controlled by these provisions. Section 30 can also be considered part of the Customs Ordinance making the enforcement more effective.

The third component in the illegal trade of wild animals is illegal imports. This is mainly the import of birds and fishes but it also includes other categories such as tortoises, newts, salamanders, and invertebrates. The import of any animal to Sri Lanka can be done only under a permit issued under Section 37 of the Fauna and Flora Protection Ordinance. Thus, all imports carried out in contravention of this provision are illegal.

The provisions of Section 37 can also be enforced by Sri Lanka Customs as it was a part of the Customs Ordinance. The provisions of Section 30 of the Fisheries and Aquatic Resources Act empowers the minister in charge of the subject of fisheries to make regulations to prohibit the import of any “fishes.” There are three sets of regulations under this section, prohibiting the import of thirteen species of Piranhas, five species of Bullhead Catfishes, and six species of Knife fishes. These provisions can also be considered as part of the Customs Ordinance making the enforcement more effective.

It is evident that there are sufficient legal provisions in Sri Lanka to curb all three aspects of the illegal wildlife trade. However, it is also evident that all these offenses are still happening, though certain aspects of illegal trade have been controlled satisfactorily. The most basic issue is the insufficient manpower in the enforcement institutions, followed closely by insufficient training and facilities. Corruption, politics, and other unwanted influences also play a part in hindering the enforcement of these laws. Another malaise is apathy and lethargic attitudes exhibited by certain officials.

However, all of us, being members of the public, can play a vital role in curbing the illegal wild animal trade. The first and foremost is to know how to identify the animals and the parts that are traded, an ability that can and has been a great help to law enforcement officials. Another vital area of knowledge is to know the relevant provisions of the different enactments and regulations made under them and the species that are cited in them.

Yet another step is to lobby the different institutions to make them enforce the provisions more effectively and efficiently and to bring hitherto unprotected species under protection when and if needed. Public awareness plays a very important role in curbing illegal trade in wild animals and all different aspects need to be covered in these awareness activities.

The Wild animals found in Sri Lanka, endemic or not, are a part of our natural resources and heritage too. Therefore, each one of us has a role and responsibility in ensuring the survival of these wild animals. The need of the hour is to get a thorough knowledge and help the enforcement of these different provisions in the different enactments to prevent the extinction of wild animals and to help ensure the survival of the wild animals.