The Wild Life (Protection) Amendment Bill, 2022

The Rajya Sabha has passed the Wild Life (Protection) Amendment Bill, 2022, inviting scrutiny on two major issues related to elephants and vermin species.

Table of Contents

Key Features of Wild Life (Protection) Amendment Bill, 2022

About

The Bill amends the Wild Life (Protection) Act (WPA), 1972.

Implementation of CITES

The bill seeks to give effect to India’s obligations under the CITES, which requires countries to regulate trade of all listed specimens through permits.

Obligations under CITES

The Bill provides for the central government to designate a management Authority, which grants export or import permits for trade of specimens under CITES.
Every person engaging in trade of a scheduled specimen must report the details of the transaction to the Management Authority.
As per CITES, the Management Authority may use an identification mark for a specimen. The Bill prohibits any person from modifying or removing the identification mark of the specimen.

Additionally, every person possessing live specimens of scheduled animals must obtain a registration certificate from the Management Authority.

Rationalizing Schedules

Earlier	Now
The WPA, 1972 has six schedules for specially protected plants (one), specially protected animals (four), and vermin species (one).	The Bill reduces the total number of schedules to four which includes the removal of schedule for vermin species, and insertion of a new schedule for specimens under CITES.

Invasive Alien Species

The Bills empowers the central government to regulate or prohibit the import, trade, possession or proliferation of invasive alien species.
Invasive alien species refers to plant or animal species which are not native to India and whose introduction may adversely impact wild life or its habitat.

Surrender of Captive Animals

The Bill provides for any person to voluntarily surrender any captive animals or animal products to the Chief Wild Life Warden.
No compensation will be paid to the person for surrendering such items. The surrendered items become property of the state government.

Conservation Reserves

Earlier	Now
Under the WPA 1972, state governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve, for protecting flora and fauna, and their habitat.	The Bill empowers the central government to also notify a conservation reserve.

Control of Sanctuaries:

Earlier	Now
The WPA 1972, entrusts the Chief Wild Life Warden to control, manage and maintain all sanctuaries in a state. The Chief Wild Life Warden is appointed by the state government.	The Bill specifies that actions of the Chief Warden must be in accordance with the management plans for the sanctuary. These plans will be prepared as per guidelines of the central government, and as approved by the Chief Warden.

Penalties

The Bill increases the fines for violating the provisions of the Act.

Type of Violation	1972 Act	2022 Bill
General violation	Up to Rs 25,000	Up to Rs 1,00,000
Specially protected animals	At least Rs 10,000	At least Rs 25,000

Concerns Associated with the Wildlife Protection Bill

Elephant protection: The bill permits the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership.
- The sweeping ambit of “any other purpose” in the present amendment will empower elephant traders, put wild populations at greater risk of capture and defeat the very purpose of WLPA.
- Instead, the Parliamentary Standing Committee recommended that it should be limited to temple elephants kept for religious purposes.
Vermin species: The Bill seeks to do away with Schedule V for vermin species entirely.
- This gives the Centre direct power to declare any species to be ‘vermin’ and make way for them to be freely hunted. Thus, declaring any species as vermin becomes easier.
Against Federal Structure of Indian Constitution: Protection of wild animals and birds is a subject under the Concurrent List of the Constitution. The bill reduces the state’s involvement in wildlife management and injures India’s Federal structure.

What is CITES?

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement to which States and regional economic integration organizations adhere voluntarily.
CITES was drafted as a result of a resolution adopted in 1963 at a meeting of members of the International Union for Conservation of Nature (IUCN). It entered into force in July 1975.
Aim: Ensure that international trade in specimens of wild animals and plants does not threaten their survival.
The CITES Secretariat is administered by UNEP (The United Nations Environment Programme) and is located at Geneva, Switzerland.
The CITES classifies plants and animals according to three categories, or appendices, based on threat. They are:
- Appendix I species: It lists species that are in danger of extinction. It prohibits commercial trade of these plants and animals except in extraordinary situations for scientific or educational reasons.
- Appendix II species: They are those that are not threatened with extinction but that might suffer a serious decline in number if trade is not restricted. Their trade is regulated by permit.
- Appendix III species: They are protected in at least one country that is a CITES member states and that has petitioned others for help in controlling international trade in that species.