Chapter 3.

Protection of endangered species at National & International Level

3.1 Introductory: terms & concepts

3.2 Outline

3.3 The causes of endangerment

3.4 Protection of endangered species at National level

3.5 Protection of endangered species at International level

3.6 Critical analysis of Position today

3.7 Overview

This Chapter discussed the various terms concepts relating to species. The protection
available to endangered species at National & international level & critically analyses the
position in India in the light of international protection.

1
3.1- Introduction: Terms & Concepts

It seems appropriate to first become familiar with some of the key terms and concepts:-

The dictionary meaning of endangered species is ―a plant or animal species existing in such a
small number that it is in danger of becoming extinct, especially such species placed in
jeopardy as a result of human activity. One of the principal factors in the endangerment or
extinction of a species is the destruction or pollution of its native habitat. Other factors
include overhunting, intentional extermination, and the accidental or intentional introduction
of alien species that outcompete the native species for environmental resources.‖124

Endangered refers to a species whose population is declining drastically, and is in danger of

extinction.

Threatened applies to those species whose population levels are declining and that are likely
to become endangered in the foreseable future.

A species is a group of living organisms (plants, animals, or microbes) that breed under
natural conditions and are reproductively isolated from other populations. If species which are
considered endangered or threatened are not protected they may become extinct. Species
become extinct when all individuals of that species die. When this occurs, the species and all
the genes of that particular species' genetic line are lost forever. To prevent extinctions it is
important to protect and show respect for the earth's biodiversity.

Biodiversity refers to the total number of species, genes, and ecosystems found on our planet.
It is a representation of the wealth of life on earth, a wealth which has undergone hundreds of
millions of years of evolutionary history, and to which many human cultures have become
adapted. Biological resources provide mankind with all of its foods, and form the basis of
many medicines and industries. The enormous variety of life in the form of genes, species,
and habitats has incredible value as it allows humans to successfully meet the demands of the
ever-changing environment in which we live125.

124
www.thefreedictonary.com (Accessed on 29th March 2012)
125
Supra 124
3.2 Outline of the chapter-

1. To study protection of endangered species in ancient India, medieval India & British India.

2. To Study the causes of endangerment.

3. To study protection of endangered species at National & International Level.

4. To critically analyze the position of protection of endangered species in post Independence

India

3.3 The causes of endangerment

When discussing the causes of endangerment, it is important to understand that individual

species are not the only factors involved in this dilemma. Endangerment is a broad issue, one
that involves the habitats and environments where species live and interact with one another.
Although some measures are being taken to help specific cases of endangerment, the
universal problem cannot be solved until humans protect the natural environments where
endangered species dwell.126

There are many reasons why a particular species may become endangered. Although these
factors can be analyzed and grouped, there are many causes that appear repeatedly. Given
below are several factors leading to endangerment:

1. Habitat Loss127

Our planet is continually changing, causing habitats to be altered and modified. Natural
changes tend to occur at a gradual pace, usually causing only a slight impact on individual
species. However, when changes occur at a fast pace, there is little or no time for individual
species to react and adjust to new circumstances. This can create disastrous results, and for
this reason, rapid habitat loss is the primary cause of species endangerment. The strongest
forces in rapid habitat loss are human beings. Nearly every region of the earth has been
affected by human activity, particularly during this past century.

It can be difficult for an individual to recognize the effects that humans have had on specific
species. It is hard to identify or predict human effects on individual species and habitats,

126
http://www.endangeredspecie.com (Accessed on 17th July 2012)
127
Supra 126 (Accessed on 17th July 2012)
especially during a human lifetime. But it is quite apparent that human activity has greatly
contributed to species endangerment.128

2. Introduction of Exotic Species

Native species are those plants and animals that are part of a specific geographic area, and
have ordinarily been a part of that particular biological landscape for a lengthy period of time.
They are well adapted to their local environment and are accustomed to the presence of other
native species within the same general habitat. Exotic species, however, are interlopers. These
species are introduced into new environments by way of human activities, either intentionally
or accidentally. These interlopers are viewed by the native species as foreign elements. They
may cause no obvious problems and may eventual be considered as natural as any native
species in the habitat. However, exotic species may also seriously disrupt delicate ecological
balances and may produce a plethora of unintended yet harmful consequences129.

The worst of these unintended yet harmful consequences arise when introduced exotic species
put native species in jeopardy by preying on them. This can alter the natural habitat and can
cause a greater competition for food. Species have been biologically introduced to
environments all over the world, and the most destructive effects have occurred on islands.
Introduced insects, rats, pigs, cats, and other foreign species have actually caused the
endangerment and extinction of hundreds of species during the past five centuries. Exotic
species are certainly a factor leading to endangerment.

3. Overexploitation

A species that faces overexploitation is one that may become severely endangered or even
extinct due to the rate in which the species is being used. Unrestricted whaling during the 20 th
century is an example of overexploitation, and the whaling industry brought many species of
whales to extremely low population sizes. When several whale species were nearly extinct, a
number of nations (including the United States) agreed to abide by an international
moratorium on whaling. Due to this moratorium, some whale species, such as the grey whale,
have made remarkable comebacks, while others remain threatened or endangered130.

Due to the trade in animal parts, many species continue to suffer high rates of exploitation.
Even today, there are demands for items such as rhino horns and tiger bones in several areas

128
Supra 124
129
http://www.endangeredspecie.com (Accessed on 17th July 2012)
130
Id
4
of Asia. It is here that there exists a strong market for traditional medicines made from these
animal parts.

4. Other Factors

Disease, pollution, and limited distribution are more factors that threaten various plant and
animal species. If a species does not have the natural genetic protection against particular
pathogens, an introduced disease can have severe effects on that specie. For example, rabies
and canine distemper viruses are presently destroying carnivore populations in East Africa.
Domestic animals often transmit the diseases that affect wild populations, demonstrating
again how human activities lie at the root of most causes of endangerment. Pollution has
seriously affected multiple terrestrial and aquatic species, and limited distributions are
frequently a consequence of other threats; populations confined to few small areas due to of
loss of habitat, for example, may be disastrously affected by random factors131

3.4 Protection of endangered species at National level-

Endangered species in India comprise large varieties of rare species of wild animals, aquatic
animals and insects. Indian wildlife consists of numerous species of birds, mammals, reptiles
etc, and is well known for comprising one of the richest varieties in the world. The Indian
wildlife also contains several endangered species that are living critically on the verge of
extinction. An endangered species is defined as a population of a living being that is at the
danger of becoming extinct because of several reasons. Either they are few in number or are
threatened by the varying environmental or predation parameters. The endangered species in
India have been identified by different national and international organizations like the World
Wildlife Fund (WWF), International Union for Conservation of Nature and Natural Resources
(IUCN) and the wildlife institute India (WII)132.

Statistics of Endangered Species in India

As per the official records, in India, there are over 1.30 Lacs endangered animal species,
although some experts believe that the number may be even more than the projected figures.
However, some claim that the number is actually much more. The number of endangered
species in India accounts for around 8.86 % of the world`s mammals. The mammals are
extended over 186 genera, 45 families and 13 orders out of which around 89 species are listed
as threatened in the IUCN Red List of Threatened Animals (IUCN 2006).

131
Supra 127
132
Endangered species in India, http://www.indianetzone.com/39 (Accessed on 23rd Jan 2012)

5
Types of Endangered Species in India

The endangered species in India have been divided into 4 main categories133-

1. Critically Endangered (CR)

2. Endangered (EN),

3. Vulnerable (VU) and

4. Threatened.

This classification was done by the International Union for Conservation of Nature and
Natural Resources (IUCN) and Wildlife Institute of India (WII), in the year 2004. The
population of the endangered species has been decreasing with the passing time.

Critically Endangered and Endangered Species in India

Among the endangered species in India, one of the most critically endangered one is the
Siberian Tiger. Another endangered species in India is one of the big cats, the Golden
Leopard with black marks. The number of this species has been reduced to as low as 14,000
in India. The main reasons behind the decline of Leopard population in India have been the
loss of habitat and also human population pressure on wildlife reserves in India. These
reasons are also a matter of great concern for the other endangered species in India. The major
reason behind the habitat loss is the spread of agriculture. The Royal Bengal Tigers were also
extensively being captured for pet trade, zoos and research, as well as for use in Oriental
medicine, in the past134.

Some more critically endangered species

India is home to very diverse and rich wildlife which includes over 172 endangered species. A
great deal of effort has been made in the last sixty years to preserve the natural habitats as
well as the population of the wildlife across the Indian landscape. With the encroachment of
human activities on these lands, the natural habitat has been destroyed and has shrunk
considerably. This has endangered not only the smaller avian, reptile and mammal‘s
population but also eroded endemic flora and fauna.135

133
Id
134
Supra 126
135
www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th March 2012)
 a. Policy during Ancient , Medieval & British India

Wildlife has always been an integral part of the Indian cultural tradition. People of the
subcontinent have always worshipped elements of nature, plants and animals as the revered
symbols of their religions. Animals are associated with many myths, folklore, art forms and
performing arts. Peoples of India identified some animals with their mythological characters
and revered them. Hindu and Buddhist mythology gave the theories of birth those who had
done a good deed as an animal in his earlier life would be born accordingly. Therefore every
human has to live the life of an insect, a reptile, cat, dog and a bird according to his deed.

In Hindu, Buddhist and Jain Mythology, an elephant is considered sacred. All religions also
preach non-violence or ahimsa and compassion for living beings especially animals136.

In ancient India, the protection and cleaning up of environment was the essence of Vedic
culture. In Hindu theology forests, trees and wild life protection were held as a place of
special reverence.137 Under the Hindu culture moral injunctions acted as guidelines towards
environmental preservation and conservation.

In Devi Karacham of Durga Saptasi it has been clearly said that so long as the earth has
mountains, forests, trees plants, etc. human race will continue to survive. In addition to forests
and other components of nature under the Hindu theology, animals stood with human beings
in a relationship of mutual respect and kindness. As given in Yajurveda, they have been
worshiped by Hindus.138

The Mouryan period was the most glorious chapter of the Indian history from environment
protection point of view. It was in this period that we find detailed and perceptive law
provisions found in Kautilya‘s Arthashastra written between 321 B.C. and 300 B.C. The
necessity of forest administration was realized in this period by chanakya, the prime minister
to Chandra Gupta Maurya and the process of administration was actually put into action with
the appointment of superintendent of forest and the classification of forests on functional
basis.139

136
Shobhna Gupta, Wildlife of India, Har-Anand Publications Pvt Ltd. P-6 (2005)
137
Thakur Kailash, Environmental Protection Law and Policy in India, Deep & Deep Publication Private Ltd.
New Delhi , (2007) at 101
138
Abhyankar Prachar, Kautilya Arthashastra, at 31
139
Forest was classified as forests set apart for the study of religion, forests reserved for the supply of forest
produce, forests set apart for grazing of royal elephants, forests reserved for hunting royalty, forests open to
public hunting.
As regards the protection of wild life, there was prohibition on killing of animals and birds.
The officer in charge was authorized to impose fine up to one thousand panas (Old Coin) on
those who were found guilty of killing deers, birds and fish declared to be under State
protection. One – Sixth of live animals and birds were required to let off in forests under state
protection. Care was taken that animals from reserved parks or protected areas if found
grazing in a field, were to be driven out without being hurt or killed, after intimating the forest
officer. For causing injury to them, the fine was imposed. Wild life in sanctuaries enjoyed
complete protection from being killed except when they turned harmful140.

During the Mouryan reign, State assumed the functions of maintenance of forests, regulation
of forest produce and protection of wild life during the Mouryan reign. Under the
Arthashastra various punishments were prescribed for cutting trees, damaging forest, and
killing animals, fish, deers etc.141

Reign of Ashoka

Mac- Cridndle (1926) has drawn up a graphic account of the royal chase of king
Chandragupta. The game laws were more elaborately described and enforced these through
Dharmaniyamas (duty of moral Discipline) on the principles of ahimsa. He prohibited and
restricted hunting, killing of some species of birds, fishes. The wild animals were protected in
the wildlife sanctuary. Emperor Ashoka (C. 296- 277 B.C.) who was the follower of
Buddhism had a number of endangered edicts and set them up in different sites throughout his
empire. In his proclamations he himself renounced the pleasure of hunting and he encouraged
his subject to follow his example. He proclaimed that slaughter of animals should be reduced.
To set an example he ordered to stop the daily slaughter of several hundreds of thousands of
animals for the palace142.

The Ashramas (Heritage) of Brahmanas were place of religious practice and killing of animals
were totally prohibited in such protected areas, as such plants and animals flourished
undisturbed. Temples, monasteries, tanks, forests and such other religious places were also
protected; Indian mythology, art and literature formed of integral part of life. The large
number of sacred animals was depicted in temples and monasteries in stone and terracotta
plaques like the elephant headed Ganesha, Boar- headed Varahavtar, the turtle shaped
Kurmavtar, the monkey faced Hanuman, the lion – headed Narasinghavtar etc. Since then,

140
Id
141
V.K. Gupta, Kautilyan Jurisprudence, Delhi (1987) at 155-56
142
Chhanda Das, A Treatise on Wildlife Conservation in India ,(2007) Daya Publishing House, Delhi
there was an increasing pressure on wild life till forest management laws were enacted and
enforced by Maurya Kings. The important example we get from the Vishnu Dharmattara is
where eight forest divisions were available of which the Gajavanas (Elephant forests) the
dense forest is one of them, which sheltered the elephant.143

Jainism

Primarily five vratas or vows are enjoined for all the Janinas. One of them is ahimsa or no-
violence. Ahimsa as an anu-vrata means sthula-pranipata-vira-mana or abstention from gross
violence. Violence or himsa means any injury committed through speech or body or mind to
any being, or to cause others to commit such injuries by others. Non violence to any animal-
higher or lower- is always commendable. But as total non-violence is not possible for the
house-holders, they are advised to refrain from gross violence or sthula himsa, which means
taking the life of higher animals or committing any injury to them, or causing others to do so
or to approve of such injuries committed by others.

The Jain scriptures tell us; ―Do not injure abuse or press, enslave, insult, torment, torture &
kill any creature or any living being.‖ This preaching of Mahaveera rendered protection to
living creatures. It creates nearness not only between human beings & nature but also
among the human beings. Lord Mahaveera has explained that man has no existence in
exclusion of nature. He proclaimed a propound ecological truth: ―one who neglects
or disregards the existence of earth, air, fire, water & vegetation, disregards his own
existence, which is entwined with them‖ 144

Buddhism

Killing and hunting of the animals were strictly forbidden by the Brahmins. They would not
even kill small living creatures, insects etc. they could not act as hunter, fishermen or fowlers,
butchers or even tanners. In case of defaulter such people were held in great contempt.
Slaughter – houses were abolished from the city areas although this might be the reason of
health and hygiene. It is astonishing that any actions relating to death of animals were
condoned (Auboyer 1969).

To sum up, ancient India had a philosophy of environmental management principally

enshrined in old injunctions as they were contained in many scriptures and smrities. Abuse
and exploitation of nature for immediate gains was considered unjust, irreligious and against

143
Supra 137
144
Desai Ashok A. Environmental Jurisprudence, Ed. 2 (2002), Modern Law House
 environmental ethics under the Hindu culture. The environmental ethic of nature conservation
was not only applicable to common man but the rulers and kings were also bound by them145.

Medieval India

Political instability results in ecological loss. During Moghal period environment conservation
didn‘t receive much attention. To Moghul rulers, forest meant no more than wooded lands
where they could hunt and as properties which yielded some revenue. There was no restriction
on cutting of trees except ‗royal trees‘ which enjoyed patronage from being cut146.

The religious policy of Akbar based on principles of complete tolerance also reflects concern
for protection of birds and beasts in so much so as endeavour were taken during his reign an
attempt was made to stop their unnecessary killing.

Actions/Laws for Wild Life Conversation Chronologically:

3 BC – The earliest codified laws can be attributed to King Ashoka, who in his decrees
engraved on edicts, prohibited the killing of certain species of animals.

1873 – The Madras Act was passed to prevent the indiscriminate destruction of wild
elephants. This was the first Act under the British regime for regional protection of wild life.

1887 – The Wild Birds Protection Act No 10 of 1887 was passed which enabled the British
government to frame rules prohibiting possession or sale of any kind of specified wild birds
only during breeding Season. Also this Act was only applicable to those areas, which were
under the control and supervision of Municipalities and cantonments under the British regime.

1912 – The Wild Birds and Animals Protection Act No 8 of 1912 was passed. For the first
time, a codified law was enacted prohibiting the killing and capturing of wild animals and the
disobedience of which entailed a penal offence. The Act was also comprised scheduled
animals, which listed birds and animals which could not be killed, captured or sold.

1935- The Wild Birds and Animals Protection Act No 27 of 1935 was enacted. This was a
land mark year in the history of wild life as it was for the first time that the provincial
government, could by notification, set aside an area to be a sanctuary for protection and
growth of wild animals and birds.

1935- This year also witnessed the passing of the government of Indian Act 1935 in which the
legislative powers were distributed between federal and provincial legislatures. The Protection

145
Supra 137
146
Id
10
of Wild Birds and Wild Animals was entrusted to the provincial legislature vide Entry 25 of
the State List.

1952- The first wildlife authority, in the form of an advisory board, was set up in 1952 called
the Central Board for Wild Life renamed as Indian Board for Wildlife.

1972- The Wild Life protection Act 1972 (Act No 53 of 1972) was passed. It was the first
comprehensive Act passed for the protection of wild animals. However, subject to licences,
hunting was permitted for certain purposes such as special, big and small games. Further the
Act also permitted trade of trophies of scheduled animals under a licence.

1973- The ‗project Tiger‘ was launched. Subsequently, several other schemes were initiated
for protection of specific habitats and to save threatened species such as the Asiatic Lion in
Gujarat, Barasigha in Madhya Pradesh, Hangul in Kashmir and many more.

1976 - The constitution (forty-second Amendment) Act 1976 was passed in which art 48A
was Inserted in the Directive principles of state policy, which read as under – The state shall
Endeavour to protect and improve the environment and to safeguard the forests and Wildlife
of the country‘ A separate chapter IVA was incorporated where art 51A (g) states – ‗Its shall
be the duty of every citizen of India to protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have compassion for living creatures‘ Also the
protection of wild animals and birds was transferred as 17B in the concurrent list of the
constitution.

In this manner, the state undertook upon itself an obligation to protect wildlife with a
corresponding duty on the citizens for protection and improvement of wildlife among other
things. Constitution sanctity was bestowed to the process of protection of wild fauna and flora
for the first time.

1976- Ratification of the convention on International Trade in Endangered species of Wild

fauna and flora (CITES) by India on October 18.

1976/77- A separate Directorate of wildlife Education and Research was established.

1980- The Forest conversation Act 1980 was passed, which is interalia, also aimed to preserve
the natural habitat of Indian wildlife.

1982- In the Amendment Act No 23 of 1982, sections 11 and 12 of wild life Act 1972 were
amended which permitted the capture and translocation of wild animals for scientific
management and introduction of endangered species in alternative suitable habitat. The
licensing practice for carrying out business in trophies and an animal article was also
amended in Section 44 of the WLPA.

1982- The Wildlife Institute Of India was established whose prime objective was to provide a
professional and scientific support to the management and development of wildlife in India.

1983 –The National Wildlife Action plan was adopted by the Indian board for wildlife which
was inspired by the World Conversation strategy and the Bail Action Plan.

The Chairperson of IBWL, Smt. Indira Gandhi, the then prime Minister of India, outlined a
board framework and strategy for wildlife preservation of India.

1986- A Major step was taken to enforce the provision of CITES under art 253 of the
Constitution of India. A separate Chapter V-A was inserted in the WLPA, which prohibited
trade and commerce in trophies, animal articles derived from animals listed in the scheduled
of the Act147.

B) Protection of wild life under constitution of India

Article 48- Organization of agriculture and Animal Husbandry.

The State shall endeavor to organize agriculture and animal husbandry on modern and
scientific lines and shall, in particular, take steps for preserving and improving the breeds, and
prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 48A (Protection and improvement of environment and safeguarding of forests and
wild life)

The State shall endeavor to protect and improve the environment and to safeguard the forests
and wild life of the country.

Article 51- A-(g) Fundamental duties- It shall be the duty of every citizen of India - to protect
and improve the natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures;

147
Thakur Kailash, Environmental Protection Law and Policy in India, Deep & Deep Publication Private Ltd.
New Delhi , (2007) at 101
 C) Protection of wild life under Indian Penal Code

Section 47 defines. ―Animal".-The word" animal" denotes any living creature, other than a
human being.

Section 428. Mischief by killing or maiming animal of the value of ten rupees-

Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or
animals of the value of ten rupees or upwards, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.

Section 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the
value of fifty rupees

Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant,
camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, of any other
animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with both.

3.5 Protection of endangered species at International level

Plants and animals hold medicinal, agricultural, ecological, commercial and

esthetic/recreational value. Endangered species must be protected and saved so that future
generations can experience their presence and value.

Position in Australia

Australia accounts for nearly 10% of the world‘s biodiversity. The unique diversity of
Australia‘s fauna population consists of mammals, reptiles, fish, insects, and amphibians.
Australia holds the greatest diverse population of marsupials. More than a million unique
species are native to Australia. Out of 378 mammals more than 80% are exclusive to
Australia. Out of 869 reptiles, only 96 can be found outside of Australia.

According to the International Union for the Conservation of Nature, Australia has the highest
number of extinct species, making it the country with the most endangered species in the
world. There are a total of 427 endangered or threatened fauna in Australia. The impact of
human activity, changes in landscape, and habitat play a role in endangering these species.

Climate change, habitat destruction, invasive weeds, and feral animals threaten 20% of
Australia‘s animal population with extinction. Chemicals such as pesticides or those that get
into the water endanger animals within or around the water. Pollution is a dynamic factor to
plants and animals being endangered.148

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the
Australian Government's principal piece of environment legislation. The EPBC Act, 1999
enables the Australian Government to join with the states and territories in providing a truly
national scheme of environment and heritage protection and biodiversity conservation. The
EPBC Act, 1999 focuses Australian Government interests on the protection of matters of
national environmental significance, with the states and territories having responsibility for
matters of state and local significance.149

The EPBC Act, 1999 protects Australia's native species and ecological communities by
providing for150:

a) Identification and listing of species and ecological communities which are

threatening-

These processes threaten the survival, abundance or evolutionary development of a native

species or ecological community. Examples of invasive species listed as key threatening
processes are rabbits, foxes, cats, pigs, unmanaged goats, rodents on islands, red imported fire
ants, Phytophthora cinnamomi, chytrid fungus and Psittacine beak and feather disease151

b) Development of conservation advice and recovery plans for listed species and
ecological communities-

The Australian Government Minister for Environment Protection, Heritage and Arts may
make or adopt and implement recovery plans for threatened fauna, threatened flora (other than
conservation dependent species) and threatened ecological communities listed under the
Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC
Act)152.

Recovery plans set out the research and management actions necessary to stop the decline of,
and support the recovery of, listed threatened species or threatened ecological communities.

148
www.australiasouvenir.com/pages/endangered-species-in-australia.html (Accessed on 30th March 2012)
149
Supra 136
150
www.environment.gov.au/biodiversit (Accessed on 30th March 2012)
151
http://www.environment.gov.au/biodiversity/threatened/ktp.html (Accessed on 20th April 2010)
152
Supra151
The aim of a recovery plan is to maximize the long term survival in the wild of a threatened
species or ecological community153.

Recovery plans should state what must be done to protect and restore important populations of
threatened species and habitat, as well as how to manage and reduce threatening processes.
Recovery plans achieve this aim by providing a planned and logical framework for key
interest groups and responsible government agencies to coordinate their work to improve the
plight of threatened species and/or ecological communities154.

c) Development of register of critical habitat

The identification of critical habitat for the Register of Critical Habitat, including location and
extent information, is a matter of ecological judgment, and is based on the most up-to-date
scientific information available to the Threatened Species Scientific Committee and the
Minister for Sustainability, Environment, Water, Population and Communities at the time the
habitat was being considered. As new or additional information becomes available, critical
habitat identified on the Register may be amended.

d) Recognition of key threatening processes

A threatening process is defined as a key threatening process if it threatens or may threaten

the survival, abundance or evolutionary development of a native species or ecological
community. For example, invasive species listed as key threatening processes are predation
by the European red fox, feral rabbits or unmanaged goats.

A process can be listed as a key threatening process if it could:

 cause a native species or ecological community to become eligible for inclusion in

a threatened list (other than the conservation dependent category); or

 cause an already listed threatened species or threatened ecological community

to become more endangered; or

 Adversely affect two or more listed threatened species or threatened ecological

communities.

The assessment of a threatening process as a key threatening process is the first step to
addressing the impact of a particular threat under Commonwealth law.

153
Supra 138
154
Id
e) Appropriate, reducing the impacts of these processes through threat abatment plans.

Threat abatement plans provide for the research, management, and any other actions
necessary to reduce the impact of a listed key threatening process on native species and
ecological communities. Implementing the plan should assist the long term survival in the
wild of affected native species or ecological communities155.

The Australian Government Minister for Sustainability, Environment, Water, Population and
Communities (the Minister), may decide whether to have a threat abatement plan for a
threatening process in the list of key threatening processes established under the
Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC
Act).

Position in USA

There are several laws that have been adopted to regulate the import, export, and sale of
wildlife. There are also laws that protect species from various forms of inhumane treatment,
including capturing and killing. The following summaries were taken from the US Fish &
Wildlife Service, Division of Law Enforcement156.

Bald and Golden Eagle Protection Act (16 U.S.C. 668-668C).

This Act makes it illegal to import, export, or take bald or golden eagles, or to sell, purchase,
or barter their parts, or products made from them, including their nests or eggs.

Migratory Bird Treaty Act (16 U.S.C. 703-712).

Except as allowed by implementing regulations, this Act makes it unlawful to pursue, hunt,
kill, capture, possess, buy, sell, purchase, or barter any migratory bird, including the feathers
or other parts, nests, eggs, or migratory bird products.

Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371-3378).

This Act provides authority to the Secretary of the Interior to designate injurious wildlife and
ensure the humane treatment of wildlife shipped to the United States. Further, it prohibits the
importation, exportation, transportation, sale, or purchase of fish and wildlife taken or
possessed in violation of State, Federal, Indian tribal, and foreign laws. The Amendments
strengthen and improve the enforcement of Federal wildlife laws and improve Federal

155
Supra 151
156
http://www.endangeredspecie.com/protect.htm (Accessed on 14th July 2012)

16
assistance to the States and foreign governments in the enforcement of their wildlife laws.
Also, the act provides an important tool in the effort to gain control of smuggling and trade in
illegally taken fish and wildlife.

Marine Mammal Protection Act (16 U.S.C. 1361-1407).

This Act establishes a moratorium on the taking and importation of marine mammals,
including parts and products, and defines Federal responsibility for conservation of marine
mammals, with management authority vested in the Department of the Interior for the sea
otter, walrus, polar bear, dugong, and manatee.

Airborne Hunting Act (16 U.S.C. 742j-1).

Section 13 of the Fish and Wildlife Act of 1956 is commonly referred to as the Airborne
Hunting Act, or Shooting From Aircraft Act, and prohibits taking or harassing wildlife from
aircraft, except when protecting wildlife, livestock, and human health or safety, as authorized
by a Federal- or State-issued license or permit.

National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee).

This Act constitutes an "Organic Act" for the National Wildlife Refuge System by providing
guidelines and directives for administration and management of all areas in the system
including "wildlife refuges, areas for the protection and conservation of fish and wildlife that
are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or
waterfowl production areas."

Endangered Species Act (16 U.S.C. 1531-1543).

This Act prohibits the importation, exportation, taking, and commercialization in interstate or
foreign commerce of fish and wildlife, and plants that are listed as threatened or endangered
species. The Act also implements the provisions of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).

Antarctic Conservation Act (16 U.S.C. 2401).

The purpose of the Act is to provide for the conservation and protection of the fauna and flora
of Antarctica and of the ecosystem upon which such fauna and flora depend. The primary
prohibitions of the Act make it unlawful for any United States citizen to take any native bird
or mammal in Antarctica or to collect any native plant from any specially protected area
within Antarctica. In addition, the Act makes it unlawful for any United States citizen or any
foreign person in the United States to possess, sell, offer for sale, deliver, receive, carry,
transport, import, export, or attempt to import or export from the United States any native
mammal or bird taken in Antarctica or any plant collected in any specially protected area.

African Elephant Conservation Act (16 U.S.C. 4201-4245).

The purpose of the Act is to provide additional protection to the African elephant. The Act
establishes an assistance program to elephant producing countries of Africa and provides for
the establishment of an African Elephant Conservation Fund. In addition, the Act places a
moratorium on the importation of raw or worked ivory from African elephant producing
countries that do not meet certain criteria found in the Act.

Wild Bird Conservation Act of 1992 (16 U.S.C. 4901).

The act promotes the conservation of exotic birds by encouraging wild bird conservation and
management programs in countries of origin; by ensuring that all trade in such species
involving the United States is biologically sustainable and to the benefit of the species; and by
limiting or prohibiting imports of exotic birds when necessary to ensure that exotic wild
populations are not harmed by removal for the trade.

Position in China-

China is a vast country with abundant natural resources and landscapes which provide
habitats for a variety of wildlife. There are over 4,400 species of vertebrates including 1,244
species of birds, 430 mammals, 208 amphibians, 350 reptiles, and 2,300 fishes. China is one
of the countries with largest number of wildlife species.

In the old, beautiful and richly endowed land, there are numerous valuable animals and
various species of rare and endemic wildlife. Giant panda, the golden monkey, the white-
lipped deer, Chinese alligator, brown-eared pheasant and Chinese river dolphin are unique.
Crested ibis, the black-necked crane, Asiatic elephant and nearly a hundred other species
which are endangered or rare in the world are to be found in China. Of the 15 species of
cranes in the world, 9 are found in China. Additionally, China has 18 species of primates,
while many countries in the same latitudes have none.157

In order to put the protection of giant pandas and other wildlife under the law, the Chinese
government put the protection of rare animals and plants into the Constitution. A set of laws,
like the Forest Law, the Law on the Protection of Wildlife, The Environmental Protection

157
http://www.ifce.org/endanger.html (Accessed on 10th July 2012)
Law have been made and passed. In 1987, the Standing Committee of the National People's
Congress passed an amendment to the Criminal Law, saying "smugglers of giant pandas shall
have a punishment of at least a 10-year sentence and confiscation of property; under grave
circumstances, life sentence or even death sentence together with a total confiscation of
property shall be applied." These legislative measures have so far effectively protected giant
pandas and other rare animals from human harm.

Besides, lawmakers in northwest China‘s Shaanxi Province enacted a regional law on

November 26, 2007 that is intended to improve protection of the Qinling Mountains, a habitat
of endangered giant pandas. The law, which will take effect on March 1, 2008, is aimed at
preserving biodiversity, preventing soil erosion and promoting harmony between human and
nature in the mountain range, which is a divide between China's north and south. It requires
all future development projects in the Qinling Mountains to be assessed for their possible
impact on the ecology and bans real estate projects and polluting industries in nature reserves,
where the ecology is more vulnerable.158

The Amur leopard is a highly endangered animal. The Amur, or Far Eastern, leopard
(Panthera pardus orientalis) is a subspecies of leopard. There are eight subspecies that range
over Africa and Asia. The Amur leopard is only found in the Russian Far East and North East
China, and is adapted to this cool climate by having thick fur (up to 7.5 cm long in winter),
which is paler than other leopard subspecies. It also has a longer tail than other leopards. The
Amur leopard‘s spots are widely spaced thick black rings with dark centers159.

Southwest Primorye in the Russian Far East, and along the Russian border in Heilongjiang
Province and Jilin Province in North East China. It is possible that a few leopards also exist in
North Korea, but so far we have not been able to survey this area160.

3.6 Critical analysis of Position in India

India is a home to very diverse and rich wildlife which includes over 172 endangered species.
A great deal of effort has been made in the last sixty years to preserve the natural habitats as
well as the population of the wildlife across the Indian landscape.

The Bengal tiger, Asiatic water buffalo and Indian elephant are just some of the magnificent
animals walking the plains and tropical rain forest across India. It is amazing to see the herds
migrate from jungle to jungle in order to sustain their population in a good and natural habitat.
158
http://www.china.org.cn/english/environment/236943.htm (Accessed on 10th July 2012)
159
http://www.amur-leopard.org/index.php?pg=wild (Accessed on 10th July 2012)
160
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With the encroachment of human activities on these lands, the natural habitat has been
destroyed and has shrunk considerably. This has endangered not only the smaller avian,
reptile and mammals population but also eroded endemic flora and fauna161.

Wildlife in India is considered sacred to the culture and heritage of the country. A great deal
of effort has been made in collaboration with international environmental protection and
wildlife conservation organizations to ensure the safety of the natural habitat of Indian
wildlife. Unfortunately agricultural land has been given the priority and the natural habitat has
been eroded to make way for human occupation.

As human encroachment and settlement increased across the Indian landscape, the wildlife
was cornered in specific areas. These were eventually declared as protected and endangered
areas. Once this status was awarded to a particular area or breed of animal or species of bird, a
great deal of effort was maintained to prevent the poaching and hunting of wildlife. This
helped in increasing the awareness and subsequently the population of endangered and exotic
species.162

There are quite a few sanctuaries, for example the ones in Gujarat, Jammu and Kashmir,
Kerala, Goa and Madhya Pradesh among others. A good thing about the network of Wildlife
Protection in India is that there is one basic administration that runs the Forestry and Wildlife
Department. It has different subsets in each state and the Central Government acts as the main
advisory to each of these divisions163.

The creation of the Wildlife Protection Act has made it mandatory for each union territory to
have wildlife advisory boards. Furthermore, with the addition of wildlife preservation in the
Constitution the situation has greatly improved in terms of safeguarding wildlife populations
across India.

With the use of information and experience of international wildlife protection agencies like
the World Wildlife Federation which has placed 172 species on the endangered animal list in
India, the total number of national parks and sanctuaries has risen from 5 parks to 69 national
parks. Further, the number of sanctuaries has increased from 60 to more than 410 parks in the
last decade.

161
http://www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 10th July
2012)
162
www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th March 2012)
163
Id
Another interesting fact about the sanctuaries and parks for conserving wildlife in India is that
they are distributed throughout the Indian landscape and even on some islands. The
biodiversity in India is spread across plains and mountains along with the plateaus and coastal
areas.

Each of these areas has been given full attention and therefore resulted in the creation of safe
havens for aquatic and land populations of endangered species across India. From crocodiles
to Tigers and elephants to peacocks there are many species which are protected under the
national conservation projects across the country.164

3.7 Overview

India is a home to very diverse and rich wildlife which includes over 172 endangered species.
A great deal of effort has been made in the last sixty years to preserve the natural habitats as
well as the population of the wildlife across the Indian landscape. With the encroachment of
human activities on these lands, the natural habitat has been destroyed and has shrunk
considerably. This has endangered not only the smaller avian, reptile and mammal‘s
population but also eroded endemic flora and fauna.165

Ancient India had a philosophy of environmental management principally enshrined in old

injunctions as they were contained in many scriptures and smrities. Abuse and exploitation of
nature for immediate gains was considered unjust, irreligious and against environmental
ethics under the Hindu culture. The environmental ethic of nature conservation was not only
applicable to common man but the rulers and kings were also bound by it.

According to the International Union for the Conservation of Nature, Australia has the highest
number of extinct species. Making it the country with the most endangered species in the
world. There are a total of 427 endangered or threatened fauna in Australia. The impact of
human activity, changes in landscape, and in habitat play a role in endangering these species.

China is a vast country with abundant natural resources and landscapes which provide habitats
for a variety of wildlife. There are over 4,400 species of vertebrates including 1,244 species of
birds, 430 mammals, 208 amphibians, 350 reptiles, and 2,300 fishes. China is one of the

164
http://www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 10th July
2012)
165
www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th March 2012)

21
countries with largest number of wildlife species166.all these nations are making and
appropriate laws to protect and conserve wildlife.

166
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