How India is regulating the breeding of exotic species

An explainer of the amendments to the Wildlife (Protection) Amendment Act, 2022, that regulates how exotic species of animals, plants are imported and exported

The Wildlife (Protection) Amendment Act, 2022 (WPA, 2022) which was passed by both Houses of Parliament last year and has been in force since April 1, will regulate how exotic species of animals and plants are bred, imported and exported.

The Wildlife (Protection) Amendment Act, 2022 will amend rules around how exotic animals including the Red Panda are bred, imported and exported (WWF India)

It also makes way for the constitution of standing committees for the state boards for wildlife — which come under the state governments — and changes the way wildlife sanctuaries are managed in the country by making a provision for gram sabhas in scheduled areas (areas with a significant tribal population where the Centre plays a direct role in safeguarding their cultural and economic interests) to participate in developing management plans for wildlife sanctuaries.

On April 25, the standing committee of the National Board for Wildlife (NBWL) discussed the key amendments to the act that is now in force. The minutes of the meeting, published earlier this month, indicated that the standing committee took note of various provisions of the act that will influence policies on wildlife and exotic species.

While introducing the bill last year in the Rajya Sabha, Union environment minister Bhupender Yadav said the amendment has been introduced to meet India’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) — an international agreement which aims to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the said species.

Shedding light on the unregulated nature of the import-export of exotic breeds, Union environment minister, Bhupender Yadav said, “India is a member of CITES. This international agreement was made to address the pace at which wildlife resources and species are being lost.”

An exotic species refers to species that are non-native and may not belong to the countries they are being bred in. Captive breeding refers to breeding and keeping endangered species in zoos and other facilities. CITES-listed species refers to over 40,900 species — including roughly 6,610 species of animals and 34,310 species of plants — protected by CITES against over-exploitation (when harvesting exceeds reproduction of wild plant and animal species) through international trade. They are listed in the three appendices.

Previously, captive breeding or trade in CITES species was not regulated in India.

“In India, illegal trade in wildlife is regulated under the Customs Act, Exim policy, Directorate General of Foreign Trade and the Wildlife Protection Act. CITES made a provision for separate regulations for illegal trade in wildlife. The UPA (the United Progressive Alliance government) did not complete their assurance under CITES. But we (the National Democratic Alliance government) are doing it now. Lok Sabha passed it and now I expect this bill to be passed by Rajya Sabha also,” Yadav had said in December last year.

With the amended act, the breeders' license notification lays down a process for any person who is engaged in breeding in captivity or artificially propagating a scheduled specimen listed in Appendix I of CITES. It also lays down details of the prohibition of export, import, and re-export of CITES-listed species and the introduction of specimens of any species which were taken from the marine environment, not under the jurisdiction of India, listed in the CITES schedule.

For implementation of certain provisions of the Act especially on CITES and exotic animals, the Union environment ministry notified the Breeders of Species Licence Rules, 2023 on April 24. The amended act incorporates a new chapter to implement the provisions of the CITES, which lays out processes for breeding, import and export of listed species and penalties for violation of norms.

It designates the scientific authorities who can implement CITES norms and creates for the first time a separate schedule IV for CITES-listed species.

Fresh rules around captive breeds

Any person who is engaged in breeding in captivity or artificially propagating a scheduled specimen listed in Appendix I (CITES prohibits international trade in these species except when the purpose of the import is not commercial) of Schedule IV shall, within a period of 90 days of the commencement of the Wild Life (Protection) Amendment Act, 2022, or before June 29, make an application to the Chief Wildlife Warden (CWW) of the state for the breeders’ licence, the April 24 notification states.

Appendix 1 of Schedule IV of WPA, 2022, lists various endangered exotic animals including the Red Panda, various species of dogs, wolves, cats, apes, chimpanzees, gibbons, lemurs, squirrels, armadillos, various birds including Hornbills, Macaws, Parakeets, Owls, various reptiles among others. Though the breeders' license and norms in the Wildlife Protection Amendment Act are expected to regulate trade in exotic species which was so far unregulated in India, experts have also cautioned that such norms may facilitate an increase in captive breeding of exotic species to meet the demand from hobbyists, private zoos, etc.

“Captive breeding of exotic species protected under CITES was not regulated in the Indian laws until the recent amendment to the Wildlife (Protection) Bill 2022. This notification laid down the procedure to be followed for the regulation of breeding of exotic species under CITES Appendix I and their trade. Article VII of the CITES states that species included in Appendix I, when bred in captivity (animals) or propagated artificially (plants) for commercial purposes are deemed to be specimens of species included in Appendix II. Thus, this notification may facilitate an increase in the breeding of such species for export and commercial purposes,” said Debadityo Sinha, Lead, Climate & Ecosystems, Vidhi Centre for Legal Policy.

Any zoos or rescue centres intending to engage in breeding in captivity or artificially propagating scheduled specimens listed in Appendix I or renewal of licence shall also make an application to the Chief Wildlife Warden. Every such application shall be accompanied by a fee of ₹25,000 through electronic mode or in the form of a demand draft drawn on any bank in India in favour of the CWW payable at the place where their office is situated.

Every person to whom a licence under these rules has been granted shall maintain a record of stock of specimens. The CWW or the deputy conservator of forests, as and when required, can inspect the records maintained by licensees. The notification also lays down the process for cancellation of the licence of breeders. The Act provides for any person to voluntarily surrender any captive animals or animal products to the CWW.

Another former bureaucrat and veteran environmental expert who did not wish to be named pointed out that the act states that "zoo" means an establishment, whether stationary or mobile, where captive animals are kept for exhibiting to the public or ex-situ conservation. This includes a circus and off-exhibit facilities such as rescue centres and conservation breeding centres but does not include an establishment of a licensed dealer in captive animals. “It's important to define rescue centres and explain what is their purpose and what norms they will follow to prevent violations,” he said.

HT sent a questionnaire to the environment ministry on May 15 seeking a clarification raised by experts but did not receive a response. HT sought responses on the following:

1. How will the Breeders of Species License help implement the provisions of CITES?

2. Will it regulate the illegal breeding of exotic animals? Or will it allow/facilitate the breeding of certain exotic species?

3. Can private zoos/hobbyists obtain the licence to breed exotic animals?

4. Isn’t the license fee low and can be paid by a large number of Breeders? How will you monitor compliance?

Role of state-level standing committees

Another key amendment in the Act is a new section (6A) to provide for the constitution of the standing committee for the state Board for Wildlife (SBWL) in line with the National Board for Wildlife.

The Act states that the Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than 10 members, to be nominated by the Vice-Chairperson — who is the Union forest minister — from amongst the members of the Board. Independent experts had cautioned that such a board will be packed with official members and end up being a rubber stamp for faster clearances of projects.

The parliamentary panel on Committee on Science and Technology, Environment, Forest and Climate Change led by senior Congress leader Jairam Ramesh, which reviewed the bill had recommended that if a standing committee of SBWL is formed, then it must have as its members at least one-third non-official members, such as three institutional members from the organisations such as the National Tiger Conservation Authority, and the director of the Wildlife Institute of India or their nominee.

"In the consultation phase submission and comments had pointed to the need to understand the experiences of standing committee-based decision-making before building it into the state apparatus. One of these was the standing committee becoming a de facto mechanism reducing the legal heft and political importance of the state board for wildlife. This is still relevant to avoid structural challenges and introduce any corrective measures to minimise them. It will be important to see how various state governments can recognise and address these," said Kanchi Kohli, legal and policy researcher.

Finally, the amended act empowers the Centre to seek any information or issue any direction to state governments to effectively enforce the provisions of the act. The Act has also increased the fines for various violations of the provisions of the act.

Management plans

The Act entrusts the CWW to control, manage and protect species in accordance with the management plans for the sanctuary. These plans will be prepared as per the guidelines of the Central government but for sanctuaries falling under special areas, the management plan must be prepared after due consultation with the concerned gram sabha. Special areas include a Scheduled Area or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is applicable.

The participation of gram sabhas in the preparation of sanctuary management plans is a new feature in the act. Under it, state governments may declare areas adjacent to national parks and sanctuaries as conservation reserves.

Legal and environmental experts are reviewing certain contentious provisions of the Forest (Conservation) Amendment Bill 2023. HT reported on May 24 that the Forest (Conservation) Amendment Bill 2023 could jeopardise vast tracts of ecologically important forests and leave out several so-called unclassed forests that cover around 15% of India’s total forest cover, as per a new report by a high-level working group constituted by Vidhi Centre for Legal Policy on the bill.