5 rules in trade or commerce in wild animals, etc

5 rules in trade or commerce in wild animals, articles and trophies as per wildlife protection act and forest conservation act


Navigating the legalities of wildlife trade in India requires a close look at the Wild Life (Protection) Act, 1972 (WPA), which is the primary legislation for this domain. While the Forest (Conservation) Act focuses more on the diversion of forest land for non-forest purposes, the WPA explicitly dictates the rules for animals, "articles" (products made from animals), and "trophies" (preserved specimens).

Here are five key rules governing trade and commerce under these frameworks:

1. Prohibition on Trade of Scheduled Animals:

Under Chapter VA of the WPA, there is a near-total ban on trade involving animals listed in Schedule I (and formerly Part II of Schedule II). This means you cannot buy, sell, or offer for sale any animal, animal article, or trophy derived from these highly protected species (e.g., Tigers, Elephants, or certain rare birds).



2. Government Property Declaration

According to Section 39, every wild animal (other than "vermin" like certain fruit bats or rats) and every animal article or trophy derived from them is considered property of the State Government (or Central Government in certain areas). If you find a dead wild animal or a trophy, you are legally required to report it to the nearest police station or authorized officer within 48 hours.

3. Mandatory Licensing for Dealers and Taxidermists

No person can carry on a business as a dealer in captive animals, animal articles, or trophies, nor operate as a taxidermist, without a valid license granted by the Chief Wild Life Warden.

 * Restriction: Licenses are generally not granted for trading in species listed in Schedule I.

 * Records: Licensees must maintain meticulous records and submit returns of their dealings to the Director or authorized officers (Section 47).

4. Restriction on Transportation

Under Section 48 A, no person can transport any wild animal, animal article, or trophy from one place to another without a permit or a "Certificate of Ownership." This ensures that any movement of wildlife derivatives is traceable and legal, preventing the "laundering" of poached items into the market.

5. Recognition of CITES (The 2022 Amendment)

The Wild Life (Protection) Amendment Act, 2022 introduced a new Chapter (VB) to implement the Convention on International Trade in Endangered Species (CITES).

 * It establishes a Management Authority to issue permits for the import and export of species listed in the CITES Appendices.

 * Trade is only permitted if it is "non-detrimental" to the survival of the species in the wild, adding an international layer of scrutiny to domestic commerce.


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