Reforms for a More Effective Protection of Endangered Whales, Tigers and Pandas

The importance of the need for a proactive approach by the UN intergovernmental organisations such as FAO (Food and Agriculture Organisation) very recently highlighted (UNEP/CMS, 2007) in their meeting (for shark conservations) under the auspices of UNEP and CMS (Conservation on Migratory Species).

A reform of the law to accommodate intelligence networking and pro-activeness should not be hard, because there is already a provision in the existing act (for instance in the USA) to make creation of such very feasible. In the US Rhinoceros and Tiger Conservation Act of 1994 (USFWS, 1992), section 4(2) defines conservation as:

“… all methods and procedures necessary to bring rhinoceros and tigers to the point at which there are sufficient populations to ensure that those species do not become extinct, ”

Hence there might not be any further legislative debate (at least for Rhinoceros and Tigers) in relation to establishing an intelligence-networking outfit since the act’s definition of conservation implies the use ofall methods and procedures necessary to achieve the purpose.

Pandas

As briefly outlined in section 3.1 above (under one-umbrella administrative structure), this writer is of the opinion that a more integrated management structure would ease collaboration between departments. So it would be possible to deal with the endangered pandas both in the reserves and the zoos from one management centre. A legal instrument would be required to achieve a merger of ministries.

China imposes a life sentence on anyone caught selling panda fur on the black market (TED, 1996). This has been assessed to be effective. Nonetheless, adopting an intelligence-networking strategy with a “softer” sentencing may develop a more humane punitive approach. With the severe sentencing approach (uncoordinated) whistleblowers might be less inclined to expose offenders. However, with resources injected into intelligence gathering (implicitly more trained whistleblowers), and with the latter seeing that the offenders are not incarcerated for life they would expose more offenders. A visible and real threat of exposure might deter potential offenders, hence reducing the number of offenders, with the “humane” face of sentencing being a bonus to the Chinese government!

Conclusions

Does the law in the area of protecting endangered species actually work? The law could be said to be working if species listed as endangered are de-listed. But it would seem that listing of endangered species far outpaces their de-listing. This is not indicative of the failure of the law, but rather underscores the importance of the existence of the law (Doremus and Pagel, 2001). De-listing cannot happen quickly, because of the near absence of effective protection of endangered species that decline naturally. At least this category of endangerment would always remain on the list, and may perpetually need the law for such species to be protected.

Hence the answer to the question as to whether the law needs to be changed is virtually no, since de-listing is not happening any faster. But a review may be necessary in those circumstances that the endangerment is particularly attributable to human activities.

People’s apathy to issues of endangered species can be changed by public lectures supported by the availability of affordable alternative products to those derived from the endangered species. Management structure of the bodies responsible for the endangered species needs to be looked into to remove unnecessary bureaucratic bottlenecks. And a strong case has been made in this work in support of the establishment at local, national and international levels for the establishment of intelligence-networking outfit for endangered species. All these would require a review of the current law to actualise.

But of most urgent importance is a reform in timing rules for EIG’s to bring forward proceedings (relating to endangered species) to the court. The aim should be to ease the procedure (without adversely affecting society’s other social and economic activities) for these Environmental Interest Groups, if the society truly wants to protect Whales, Tigers, Pandas and indeed any other endangered species.