BD Passes Law Introducing: Up to 12-yr in jail for tiger, elephant poaching

NN Desk :

The interim government has passed the Wildlife (Conservation and Security) Ordinance, introducing provisions for up to 12 years’ imprisonment and a fine of up to Tk 1.5 million for repeat offences such as hunting tigers or elephants.

The ordinance was issued on Wednesday by the Law and Parliamentary Affairs Division of the Ministry of Law, Justice and Parliamentary Affairs, reports bdnews24.com.

Under Section 41(1) of the new law, hunting a tiger (Bengal tiger) or an elephant (Asian elephant) will carry a minimum of two years and a maximum of seven years’ imprisonment, along with a fine ranging from Tk 100,000 to Tk 1 million. For repeat offences, the punishment has been increased to a maximum of 12 years’ imprisonment and a fine of up to Tk 1.5 million.

Section 41(2) provides that collecting, transporting or trading tiger or elephant trophies, meat or body parts without permission will be punishable by up to three years’ imprisonment or a fine of up to Tk 300,000, or both. In case of repeated offences, the punishment will be up to five years’ imprisonment or a fine of up to Tk 500,000, or both.

The ordinance also prescribes penalties of up to three years’ imprisonment or a fine of up to Tk 300,000, or both, for hunting animals such as bears, wolves, jackals, foxes, jungle cats, leopards, clouded leopards, leopard cats, otters, monkeys, langurs, pangolins, porcupines, rabbits, deer, vultures, whales, eagles, adjutant storks, parrots, crocodiles, turtles, tortoises, lizards, geckos, pythons and sharks. For repeat offences, the punishment may be extended to up to five years’ imprisonment or a fine of up to Tk 500,000, or both.

It has been made mandatory to take the opinion of local communities while determining the boundaries of wildlife sanctuaries and national parks. It also prohibits the establishment of any commercial establishments or brick kilns within two kilometres of protected areas.

Farming, mineral extraction, setting fires and the bringing invasive foreign plant species into sanctuaries have been completely banned. However, special provisions have been added for compensation to protect the traditional rights and livelihoods of forest-dependent communities.

The new law includes provisions for the conservation of ancient trees, heritage trees, sacred trees and traditional “Kunjabon” forests that are important wildlife habitats. No one will be allowed to destroy such trees or forests except to protect human life. Violations will be punishable by up to six months’ imprisonment or a fine of Tk 50,000.

The ordinance states that advertising the buying or selling of wildlife on social media, or publishing videos showing cruelty to wildlife, will be considered punishable offences. It also bans the possession or trade of any wildlife or trophies-such as skins, bones or tusks-without a licence or possession certificate.

It also says that the government will form a “Wildlife Trust Fund” for the rescue, treatment and conservation of wildlife. To prevent wildlife trafficking, a dedicated “Wildlife Crime Control Unit” comprising police, customs and the Border Guard Bangladesh (BGB) will operate at airports, land ports and seaports. A “Scientific Committee” will also be formed to resolve legal complexities related to wildlife and to act as the national CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) authority.

In consideration of the cultural values of ethnic minority communities, the ordinance states that provisions for seizure will not apply to wildlife trophies or memorabilia collected by them as part of traditional practices prior to the enactment of the ordinance.

The new law empowers forest officials to arrest offenders without a magistrate’s order. It also allows for the immediate destruction or disposal of seized perishable items.

Aggrieved individuals will have the right to appeal against convictions within 30 days.