IN-SITU CONSERVATION LAWS OF NEPAL
Chapter I
1.
Introduction
1.1.Background
Biodiversity is an expression of life its
maintenance in various forms and its organizations and relationships from
molecular to biosphere levels. In general, biodiversity means the variety and
variability of life, the diversity of genes, species and ecosystems. It refers
to the number, variety and variability of all life forms micro organisms.
Plants animals and the ecological complexities they habitat. Convention on
Biological Diversity defines biodiversity Article 2 defines it as ‘the
variability among living organism from all resources including inter alia
terrestrial marine and the other aquatic ecosystem’ It has become clear that biodiversity is the cornerstone of our
existence on Earth. It is also important to conserve biodiversity for the sake
of our own curiosity and aesthetic appreciation. [1]
It refers to the various types of ecosystem
and the variety of habitats such a as terrestrial (forest grass land, alpine
and deserted ecosystem) and the wetlands (mangroves, swamps aquatic forest
water and marine ecosystem and estuarine) ecosystem on the earth. In terms of species
richness at the global level, Nepal falls in the 25th position, while at the
continental level Nepal falls in the 11th position Out of top 10 biodiversity
hotspot countries of Asia, Nepal stands at the 5th, 9th and 10th position on
respectively species diversity of birds, mammals and angiosperm flowering
plants.[2]
Nepal Geographically small but rich in Biodiversity. Nepal represents-0.1%
of terrestrial area of the earth but Has 118 ecosystem, higher presence of
diff. flora and fauna, 15 sps. of vascular plants, 58 sps. of mammals, 40 sps,
of birds, 13 sps. of reptiles, 2 sps, of
insects and 1 sps, of amphibian
belongs to CITES list, 342 plant sps & 160 animal sps are Endemic to
Nepal [3]
As Nepal is a rich country in terms of biodiversity, it is very natural to
think about the need of specific biodiversity law. When biodiversity is
considered as one of the niche or comparative advantages of the country it is
further justified the need of specific biodiversity law, especially for better
management and coordination of institutions.
1.2.Objectives of Study
The
objectives of the study are as follows:
i. To study about several in-situ laws of Nepal.
ii. To analyze the prevailing in-situ
conservation laws of Nepal in the light of present global scenario for their
favorability.
1.3.Limitations of Study
The
study is limited within the in-situ conservation laws of Nepal and hardly
consist of the in-depth analysis of the laws regulating ex-situ conservation as
well as of those international treaties and provisions related to ex-situ
conservation laws.
1.4.Research Methodology
During
the research, the primary sources of authority are mostly used which involve
the review of several legal instruments on the protection of environment,
biodiversity and its elements. The secondary sources of authority used in the
study involve review of books, articles, journals of related subjects found
from library, newspapers and the Internet.
1.5.Organization of Study
Chapter I
consists of the general background of the study along with the objectives of
the study, limitations, methodology and organization of study. Chapter II deals
with the general definition of the in-situ and ex-situ conservation along with
the description of several in-situ laws of Nepal. Chapter III consist of the
analysis and conclusion.
2.
Laws for
the conservation
2.1.Types of Conservation
2.1.1.
In-situ
Conservation
In-situ conservation means ‘on-site conservation’. It is the
process of protecting endangered plants or animal species in their natural
habitat.[4]
One benefit of in-situ conservation is that it maintains
recovering populations in the surrounding where they have developed their
distinctive properties. Another is that this strategy helps ensure the ongoing
processes of evolution and adaptation within their environments.[5]
Wildlife and livestock conservation is mostly based on in situ conservation. This involves the
protection of wildlife habitats. Also, sufficiently large reserves are
maintained to enable the target species to exist in large numbers. The
population size must be sufficient to enable the necessary genetic diversity to survive within the
population, so that it has a good chance of continuing to adapt and evolve over time. This reserve size
can be calculated for target species by examining the population density in
naturally occurring situations. The reserves must then be protected from
intrusion or destruction by man, and against other catastrophes. In agriculture, in situ
conservation techniques are an
effective way to improve, maintain, and use traditional or native varieties of
agricultural crops. Such methodologies link the positive output of scientific
research with farmers' experience and field work.
2.1.2.
Ex-situ
Conservation
Ex situ conservation is the conservation and
maintenance of samples of living organisms outside their natural habitat, in
the form of whole plants, seed, pollen, vegetative propagules, tissue or cell
cultures.
Ex situ conservation has several purposes:
·
Rescue
threatened germplasm.
·
Produce
material for conservation biology research.
·
Bulk up
germplasm for storage in various forms of ex situ facility.
·
Supply material
for various purposes to remove or reduce pressure from wild collecting.
·
Grow those
species with recalcitrant seeds that cannot be maintained in a seed store.
·
Make available
material for conservation education and display.
·
Produce
material for reintroduction, reinforcement, habitat restoration and management.[6]
These ex situ collections of living organisms (living collections, seed banks, pollen, vegetative propagules,
tissue or cell cultures) need to be managed according to strict scientific and
horticultural standards to maximise their value for conservation purposes. Thus
they need to be correctly identified, documented and managed and an efficient information management system put in place. Integrated conservation
management can also ensure that ex situ collections can support in situ
conservation, through habitat
restoration and species recovery.
3.
In-Situ
Conservation Laws in Nepal
The Eight Five Year Plan
(1992-1997) had envisaged the provision to be made for in situ and ex situ
conservation in different national parks, reserves botanical gardens and zoos.
National Biodiversity Strategy 2002 had several principles such as Poverty alleviation and
economic and social development in rural areas are effective mechanisms for the
sustainable use of biological resources andthe conservation of biodiversity,
adverse impacts on some communities and individuals. participation of local
communities, indigenous peoples, conservation groups, of biological diversity,
Educate and inform at all levels, as appropriate, benefits are shared fairly
and equitably, biological diversity is best conserved in-situ through the conservation of natural
ecosystems and habitats.
3.1.1.
Constitutional
Measure
Directive
Principle of the state 34(5) of the Interim Constitution of Nepal 2007: The
State shall also make arrangements for the special protection of the
environment and the rare wildlife. Provision shall be made for the protection
of the forest, vegetation and biodiversity, its sustainable use and for
equitable distribution of the benefit derived from it. state Policies of Nepal clearly states in
35(5) The State shall also make arrangements for the special protection of the
environment and the rare wildlife. Provision shall be made for the protection
of the forest, vegetation and biodiversity, its sustainable use and for
equitable distribution of the benefit derived from it.
Therefore, these
constitutional grundnorms allow prioritization conservation, management and
sustainable development of the biodiversity.[7]
3.1.2.
National
Parks and Wildlife Conservation Act 1973
The National Parks and
Wildlife Conservation Act of 1973 governs administration of Nepal's national
parks and wildlife reserves. According to the Act, a national park is "an
area reserved for the protection, management and use of wildlife, vegetation,
and landscape, along with the natural environment." Entry into national
parks is prohibited unless the warden or another officer grants permission. The
Act explicitly limits the use of park lands and resources, restricting hunting,
mining, logging, grazing, building construction, and stream diversion. Hotels,
lodges, and other facilities may be operated within national parks with
government permission and under contract. Designated park officials are given
law enforcement powers, including the power to search and arrest for violations
of these prohibitions. Sec 4 has the provision to declare any area of the land
as a ‘national park, reserve preservation zone or buffer zone and impose the
restriction on enemy into national parks. And sec 5 prohibits doing the
unnecessary thing which create threat to the destruction of different species
in national parks, protected areas. Sec
10 has the provision of Schedule 1 of the act has listed the twenty six species
of mammals, nine species of birds and three species of reptiles which are
regarded as protected animals and their hunting is strictly prohibited except
man eating tiger, rogue wild elephant and animals suffered from chronic
disease.
The important feature of
this act is penal provision which helps to discourage the people from hunting
the wild life species and do any illegal activities inside the protected areas.
Alleged violations are tried before a court, which can impose penalties ranging
from 1-5 years imprisonment or fines up to
$ 500. Significantly stiffer
penalties are imposed for poaching endangered species. [8]
The Department of
National Parks and Wildlife Conservation (DNPWC), which was established in
1980, is responsible for administering Nepal's protected area system. Under the
National Parks and Wildlife Conservation Act of 1973, the Department has
authority to promulgate rules enforcing the statutory provisions governing park
management. The Department is part of the Ministry of Forestry and Soil
Conservation, along with the Department of Forestry and other resource
management agencies.
The original National
Parks and Wildlife Conservation Act of 1973 has been amended four times. Each
amendment has expanded the basic conception of the national park system. One
amendment, triggered by the Annapurna Conservation Area proposal, authorized
creation of conservation areas as an alternate method for protecting sensitive
lands while accommodating the needs of local villagers.
3.1.3.
Aquatic
Animal Protection (AAPA) Act 1961:
This
Act is one of the oldest acts in Nepal that recognizes the value of wetlands
and aquatic animals. Under the Act, any party is punishable for introducing
poisonous or explosive materials into a water source or destroying any dam,
bridge or water system with the intent of catching or killing aquatic life. The Act aims including
other things, conservation of aquatic life with a view to maintain peace and
order and public convenience. This phrase "maintain law and order and
public convenience" had a special connotation under the 1962 Constitution
as Article 17 of the 1962 Constitution had provided authority to the government
to restrict or prohibit freedom and liberty of people under those laws that are
made with the purpose of maintaining law and order and public convenience. The
law was enacted with a view to control freedom rather than to conserve
biodiversity.[9]
3.1.4.
Forest Act
1993
Forest
Act, 1993 is one of the most important laws relating to biodiversity. The
objectives of the Act are to meet the basic needs of the public in general, to
attain social and economic development, promote a healthy environment, and to
ensure development, conservation and proper utilization of forest resources.
Ministry of Forests and Soil Conservation and its different Departments,
administer the Forest Act. Similarly, the Forests Act authorizes HMG to declare
any part of the national forest, which specifically keeps environmental,
scientific and cultural importance as protected forest. The Department of
Forests is authorized to prepare "work plan" that is approved by the
Ministry of Forests and Soil Conservation, which is executed by District
Forests Officer. Until, HMG Ministry of Forests and Soil Conservation has not
declared any part of national forest as protected forest under the Forests Act.
3.1.5.
Environment
Protection Act 1997 and its Rule 1997
To
make legal provisions in order to maintain clean and healthy environment by
minimizing, as far as possible, adverse impacts likely to be caused from
environmental degradation on human beings, wildlife, plants, nature and
physical objects; and to protect environment with proper use and management of
natural resources, taking into consideration that sustainable development could
be achieved from the inseparable inter-relationship between the economic
development and environment protection.
3.1.6.
Nepal
Biodiversity Strategy (2002)
This
Strategy embodies a strong commitment to fulfill our international obligations
as signatory to the Convention on Biological Diversity The Nepal Biodiversity
Strategy (NBS) is a commitment by His
Majesty’s Government and the people of Nepal for the protection and wise use of
the biologically diverse resources of the country, the protection of ecological
processes and systems, and the equitable sharing of all ensuing benefits on a
sustainable basis, for the benefit of the people and to honor obligations under
the Convention on Biological Diversity. The NBS sets objectives for the
protection of biological diversity in Nepal and identifies or restates
Government policy on natural resources and their diversity.
The
goal of the NBS is to provide a strategic planning framework for the
conservation of biological diversity, the maintenance of ecological processes
and systems, and the equitable sharing of the benefits accrued.
Some of
the Principles of NBS are Poverty alleviation and economic and social
development in rural areas are effective mechanisms for the sustainable use of
biological resources and the conservation of biodiversity, adverse impacts on
some communities and individuals. participation of local communities,
indigenous peoples, conservation groups, of biological diversity, Educate and
inform at all levels, as appropriate, benefits are shared fairly and equitably,
Biological diversity is best conserved
in-situ through the conservation of natural ecosystems and
habitats.
4.
Analysis
Nepal
has established national parks, wildlife reserves, botanical and zoological
gardens and gene banks to conserve forest ecosystems, wildlife habitats and
genetic resources. Several policies and laws for in situ and ex situ
conservation have been formulated, amended and implemented. A diversity of forest
ecosystems, wildlife habitats, mountain ecosystems and other genetic resources
are found within these protected areas, which cover almost 18 percent of the
country.
There
are 16 protected areas in Nepal. The Department of National Parks and Wildlife
Conservation (DNPWC), within the Ministry of Forests and Soil Conservation
(MFSC), is the government executive body and is involved in managing 14 of the
areas; KMTNC has full management responsibilities for the remaining two
(Annapurna and Manasalu conservation areas). DNPWC jointly manages Makalu-Barun
National Park with the Mountain Institute, and the Kachanjungha Conservation
Area with WWF Nepal. A development board of MFSC manages the Shivapuri
watershed and Wildlife Reserve. National parks cover 38.04 per cent of all
protected areas, wildlife reserves 4.10 per cent, hunting reserve 4.97 per
cent, conservation areas 42.78 percent and buffer zones 10.41 per cent. There
are still gaps in the system; for example, the ecosystem of the mid hills (the
low mountain region running the length of the country) is not sufficiently
represented. The midhills comprise only 6.64 per cent of the protected area
system, while the lowland region (including the Terai and Siwaliks) comprises
14.84 per cent and high mountain areas comrpise 78.52 per cent (HMG, 1999).[10]
However, despite the efforts, for quite some
time there is no designated agency to administer it.[11] AAPA has not been effective in protecting
the biodiversity of riverine and wet land ecosystems. As both noxious and explosive
materials are increasingly employed. Yet there is no reported case of a person
being prosecuted for a breach of AAPA. Sec 4 empowers the government to
prohibit, killing and harming the certain kinds of aquatic animals through
notification in Nepal Gazette. Yet a notice has never been published. No agency
has been designated the responsibility of administrating and enforcing AAPA
demonstrating a shortcoming of HMG in fulfilling its obligation for preserving
the biodiversity of aquatic systems.[12]
However, the system of protected forests has
its own limitations. Primarily, government solely exercises the authority of
management and the role of local people is excluded. Similarly, the system of
protected forest provides no place for collaborative management of such
protected forests and hence biodiversity. The various limitations regarding
management and wise use of biological resources under the Forests Act need to
be assessed both at micro level and as well as macro level. The Government has
introduced different programs for conserving and managing forest resources. One
effort is the community forestry program initiated in 1978, which has
emphasized sustainable management and development of forests through
communities’ involvement as forest user groups.
Environment Protection Act and Rules for
public consultation and monitoring, there is little evidence of effective
implementation of these provisions. The Ministry of Environment, Science, and
Technology is currently in the process of revising the Environment Protection
Act and Rules to improve EIA effectiveness.
Conclusion
Nepal
has been the party to several international
conventions like the World Heritage Convention (1992), Convention on
International Trade in Endangered Species of Fauna and Flora (CITES),1993,
Ramsar Convention on Wetlands of International Importance (1971), Convention on
Biological Diversity (1992) are also related for the conservation of
biodiversity. Besides that, there are
also many international and national organizations like International Union for
the Conservation of Nature (IUCN), United Nations Environmental Programme
(UNEP), World Wildlife Fund (WWF), Global Environmental Facility (GEF),
International Centre for Integrated Mountain Development (ICIMOD),
International Plant Genetic Resource Institute (IPGRI),
which are working on biodiversity research and conservation.
These instruments obliges Nepal to formulate suitable laws and other legal
instruments for ensuring in-situ conservation.
Bibliography
2.
Report Prepared
with the support UNEP//UNDP//GEF Biodiversity planning Support Programme on Country Status
Report Nepal A National Case study on the Integration of Biodiversity into EIA,
available at http://www.unep.org/bpsp/EIA/Case%20Studies/NEPAL%20(EIA).pdf
accessed on 6th March 2011.
3. Tilak R. Shrestha, National biosafety framework in Nepal available at http://www.cissm.umd.edu/papers/files/thailand_workshop07_shrestha.pdf accessed on 7th March 2011. http://www.giantpanda.org.au/index.php/conservation/in-situ-conservation.html <Accessed on March 24, 2013>
6.
Surendra Bhandari,
A report on biodiversity related legislation in Nepal, (2004), available at http://www.entrec.org.np/trade/files/biodiversity.pdf accessed on 8th March 2011.
7.
Robert B.
Keiter, “Preserving Nepal's National Parks: Law and Conservation in the
Developing World”, LexisNexis, Ecology Law Quarterly, 1995.
8.
FAO corporate Document Repository prepared by
forestry department available at http://www.fao.org/docrep/007/ae154e/AE154E08.htm, accessed on 5th March
2011.
9.
Dina Mani
Pokharel, Legal Aspects of Biodiversity Conservation (in special reference to
Nepal and India) , (Udhyog Books Private Limited), p 1-67.
[2] Report Prepared with the support UNEP//UNDP//GEF
Biodiversity planning Support Programme on Country Status Report Nepal A
National Case study on the Integration of Biodiversity into EIA, available at http://www.unep.org/bpsp/EIA/Case%20Studies/NEPAL%20(EIA).pdf
accessed on 6th March 2011.
[3] Tilak
R. Shrestha, National biosafety framework in Nepal available at http://www.cissm.umd.edu/papers/files/thailand_workshop07_shrestha.pdf
accessed on 7th March 2011.
[4] http://www.giantpanda.org.au/index.php/conservation/in-situ-conservation.html
<Accessed on March 24, 2013>
[7] Surendra bhandari, A report on biodiversity
related legislation in Nepal, (2004), available at http://www.entrec.org.np/trade/files/biodiversity.pdf accessed on 8th March 2011.
[8] Robert B. Keiter, “Preserving Nepal's
National Parks: Law and Conservation in the Developing World”, LexisNexis,
Ecology Law Quarterly, 1995.
[9] Ibid 4.
[11] FAO corporate Document Repository prepared by forestry
deparment available at http://www.fao.org/docrep/007/ae154e/AE154E08.htm, accessed on 5th March
2011.
[12] Dina
Mani Pokharel, Legal Aspects of Biodiversity Conservation (in special reference
to Nepal and India) , (Udhyog Books Private Limited), p 1-67.
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