Wildlife products declaration scheme to end soon

New Delhi, September 26, 2003 : As the six-month wildlife derivatives amnesty scheme wraps up on 14th October, the rush towards the Chief Wildlife Warden’s office is expected to increase everyday. Yet, there seems to be no end to the confusion among the masses about the registration process and the fear of declaring their “illegal” possessions.

The Chief Wildlife Warden’s office in Delhi is reportedly already in receipt of over 580 applications. Of these, a majority seek to get shahtoosh shawls registered. It seems that skins, trophies etc. still lie locked up in closets as people are suspicious about the Government’s moves.
Though the urban elite seem to be aware of the amnesty due to some media coverage, people in smaller towns and villages across the country appear totally ignorant about the scheme because of no or little publicity there.

Though the last date for declaration is barely a fortnight away, wildlife product owners still seem to be battling with myriad dilemmas like if there is a permissible number of wildlife items that can be declared at a time or whether declarations will lead to income tax raids and so on. When WTI contacted some shahtoosh shawl owners in Delhi, they agreed to speak about the issue on the condition on anonymity. A woman with over 10 shahtoosh shawls said she might not declare all her shawls for fear of confiscation. Another lady was worried about the kind of stamp that the authorities will use and whether it will be an indelible ink stamp that will leave her shawls stained forever. People with wardrobes full of shahtoosh shawls are uncomfortable declaring their lot since they could be branded as “traders” and therefore land themselves in “trouble”.

Since the law gives no guidance on how many can be legalized, people’s worries only seem to increase. The problems are multiple - the authorities also do not have a system to determine the age of the shawls. It is feared that the traders could abuse the amnesty scheme. Yet, it is reported that the Union ministry is circulating a protocol on how to handle wildlife items.

The application had to be made within 180 days from the date of publication of these rules. This plan has been gazzetted by a notification No. S.O. 445(E) dated 18th April, 2003. The maximum penalty for such illegal trade can be as high as seven years imprisonment and a fine upwards of Rs. 25,000.

The notification follows a 2 year long campaign by the Wildlife Trust of India and its partner, International Fund for Animal Welfare, against the manufacture and use of shahtoosh, which is made out of the hair of the Tibetan antelope or chiru. The animal is illegally massacred in large numbers by poachers. (It is worth noting that in India, the chiru was brought under the auspices of Schedule II of the Wildlife (Protection) Act of 1972. At that time, it was provided "regulated" protection or trade under license from the government. However, in 1977, the species was
upgraded to Schedule I, which gave it total protection from hunting and trade and it became a non-bailable offence). WTI / IFAW had strongly lobbied that an opportunity be given to those owning unregistered shawls to register them.

The Ministry of Environment & Forests has announced the rules under which stock of live wild animals and derivatives can be declared by individuals to obtain an ownership certificate. The rules are called "Declaration of Wild Life Stock Rules, 2003". The declaration requires an application to be submitted to the Chief Wildlife Warden of the State / Union Territory or an officer authorized by the Chief Wildlife Warden of the state requesting him to register the items legally acquired and owned by the individual. The amnesty scheme applies to all species and their derivatives mentioned in Schedule I or part II of Schedule II in private ownership, which the owner had not declared earlier.

The applicant has to declare that the specimen of wildlife or derivative shall not be transferred to anyone by any mode except by way of inheritance. In other words, ownership cannot be transferred by sale or gift. The amnesty scheme does not apply to erstwhile wildlife traders
who are covered by Section 49 of the Wildlife (Protection) Act. Private ownership of wild species and derivatives (which includes shahtoosh shawls) is covered by the amended Section 40 to which clause 40A has been inserted by the Amendment Act of 2002.