Regulatory regime for exotic species in captivity

 The Central Government has notified the rules under the Wildlife (Protection) Amendment Act, 2022, for the registration of possession and breeding of exotic wildlife species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The notification is aimed at preventing the illegal trafficking and trade of these species and their offspring held in captivity. Strengthening the management of protected areas and wildlife habitats and monitoring ecosystems to track the status of registered exotic species will be critical to achieving the desired objectives. The notified rules require all persons possessing a living specimen of such animal species to apply for registrations of such possession within a period of six months from the date of commencement of these rules and thereafter within thirty days of possession of such animal species to the concerned State Chief Wildlife Warden. Any transfer of possession and birth of offspring of such species shall also be registered, and the deaths of such animals shall be reported to the concerned Chief Wild Life Warden. This brings into focus the porous India-Myanmar border in the northeast region, which in recent years has become a hotspot for smuggling exotic wildlife species from illicit markets in Southeast Asia. Mizoram Police have seized hundreds of such smuggled species, which also indicates the growing demand for such exotic wildlife species in India. Curbing such illegal trafficking is essential to protecting indigenous species from invasive species and preventing the outbreak of zoonotic diseases in the country. The Ministry of Environment, Forestry, and Climate Change has created an inventory of such exotic animals and birds in captivity in the country when about 32,000 private individuals possessing those made declarations in response to a scheme of voluntary disclosure in 2020 after the outbreak of COVID-19. The scheme exempted those making the voluntary disclosure within six months from mandatory production of documents regarding the purchase or procurement of the exotic species. Every individual who has been issued a registration certificate for the specimen of exotic species in her of his captivity shall be required under the notified rules to carry out health check-up of such animal species at least once in six months by a veterinary practitioner and maintain a record of its health; present for inspection the animal species at the facility and the records maintained in respect of the animal to the forest officer having jurisdiction over the area as and when required;  ensure that the animal species does not escape from the facility; inform any escape of the animal species to the nearest forest office having jurisdiction immediately and not later than twenty -four hours of such escape;  be liable for damage, if any, caused due to such an escape; and  not allow the animal species to mix or breed with indigenous animal species. While it cannot be concluded that voluntary disclosure was exhaustive even in respect of those issued registration certificates, ensuring compliance with all these rules is going to be a huge challenge. Given the routine responsibilities of forest officials for the management of protected areas, reserved forests, managing man-animal conflict, and protecting and conserving indigenous wild life species, carrying out regular inspections of stocks of exotic species in captivity to ensure compliance with rules and prevent the escape of such species from private enclosures will require state forest departments to have a dedicated team of veterinarians, wildlife experts, officials, and staff. There is no clarity regarding the amount of penalty to be paid for any damages caused by the escape of a species in captivity. If penalties proportionate to damage are not notified, there will be legal loopholes that will allow violators to escape deterrent punishment. The Rules are also not comprehensive enough to address some other issues, such as the non-reporting of an accurate number of births to conceal the illegal trade of offspring of species in captivity. Engaging a dedicated inspection team and CCTV surveillance of enclosures of exotic species can strengthen the inspection regime against non-compliance of rules by wilful violators. Wildlife authorities need to take note that even after the expiration of the voluntary disclosure scheme period, seizures of exotic animals have not stopped, which implies that wildlife traffickers who have managed to escape the security dragnet have continued their trade across the country. Surveillance against such illegal trade must be intensified, and those in possession of such smuggled species must be made to disclose their possession and register with the wildlife authorities. Increasing awareness of the provisions of the amended Act and the rules framed under it among the people will help increase reporting of illegal trade and possession of exotic species by wildlife and nature lovers. The notification of the rules on exotic species must be supplemented with such safeguards so that India can firmly put in place a rigorous regulatory regime in conformity with CITES commitments.