Chapter VB, Sections 49D to 49R: International Trade in Scheduled Specimens

In one line

The chapter inserted in 2022 to implement the Convention on International Trade in Endangered Species, with two authorities and four permits.

In exam wording: Chapter VB of the Wild Life (Protection) Act 1972 was inserted by the Wild Life (Protection) Amendment Act 2022; section 49D defines the Convention as the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington on 3 March 1973 and amended at Bonn on 22 June 1979, with its appendices, decisions, resolutions and notifications and its amendments to the extent binding on India, defines a scheduled specimen as any specimen of a species listed in Appendices I, II or III of the Convention and incorporated as such in Schedule IV, and defines trade as export, re-export, import and introduction from the sea; section 49E requires the Central Government to designate an officer not below the rank of Additional Director General of Forests as the Management Authority, responsible for the issuance of permits and certificates and for reports.

Continued: section 49F requires it to designate one or more research institutes as the Scientific Authority, which advises the Management Authority, monitors export permits and actual exports of Appendix II specimens, and advises that export permits be limited where necessary to maintain the species throughout its range; section 49G subjects both authorities to the Central Government's directions; section 49H forbids trade in scheduled specimens except as provided in the Chapter and requires reporting and clearance at specified ports; and sections 49-I, 49J, 49K and 49L state the conditions for export, import, re-export and introduction from the sea.

Section 49D: the definitions that matter

Convention. Signed at Washington on 3 March 1973, amended at Bonn on 22 June 1979, together with its appendices, decisions, resolutions and notifications and its amendments, to the extent binding on India.

Scheduled specimen. Any specimen of a species listed in Appendices I, II or III of the Convention and incorporated as such in Schedule IV.

Read that carefully. The Indian trigger is Schedule IV, not the Convention appendix directly. A species enters Indian law when it is incorporated into Schedule IV, which is done under section 61.

Specimen. Any animal or plant, alive or dead; and for an animal, for Appendices I and II, any readily recognisable part or derivative, and for Appendix III, any readily recognisable part or derivative specified in Appendix III in relation to that species; and for a plant, for Appendix I any readily recognisable part or derivative, and for Appendices II and III those specified in relation to the species.

Readily recognisable part or derivative. Includes any specimen which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part or derivative of an animal or plant of a species listed in Schedule IV.