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Tuesday, April 21, 2020

Wildlife trade

From Wikipedia, the free encyclopedia
 
Assorted seashells, coral, shark jaws and dried blowfish on sale in Greece
 
Framed butterflies, moths, beetles, bats, Emperor scorpions and tarantula spiders on sale in Rhodes, Greece
 
Wildlife trade refers to the commerce of products that are derived from non-domesticated animals or plants usually extracted from their natural environment or raised under controlled conditions. It can involve the trade of living or dead individuals, tissues such as skins, bones or meat, or other products. Legal wildlife trade is regulated by the United Nations' Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which currently has 183 member countries called Parties. Illegal wildlife trade is widespread and constitutes one of the major illegal economic activities, comparable to the traffic of drugs and weapons. Wildlife trade is a serious conservation problem, has a negative effect on the viability of many wildlife populations and is one of the major threats to the survival of vertebrate species.

Terminology

Wildlife use is a general term for all uses of wildlife products, including ritual or religious uses, consumption of bushmeat and different forms of trade. Wildlife use is usually linked to hunting or poaching. Wildlife trade can be differentiated in legal and illegal trade, and both can have domestic (local or national) or international markets, but they might be often related with each-other.

Ineffective monitoring of international wildlife trade

The volume of international trade in wildlife commodities is immense and continue to rise. According to an analysis to the 2012 Harmonized System customs statistics, global import of wildlife products amounted to US$187 billion, of which fisheries commodities accounted for $113 billion; plants and forestry products for $71 billion; non-fishery animal for $3 billion including live animals, parts and derivatives.

However, the global trade of wildlife commodities is ineffectively monitored and accounted for due to the constraint of the HS Code System used by the customs worldwide. The majority of international imports of wildlife are only recorded in general categories such as plant or animal products with no further taxonomic detail (this is akin to importing metals without recording their element identity e.g. copper or iron). It is estimated that near 50% of the global import of plant and 70% of animals product are imported as general categories, with an exception for fisheries (ca. 5%) thanks to various multilateral fishery management agreements that requires taxon-specific fish catch reporting. Many jurisdictions rely on the declared HS Code of the consignments for detection and prosecution of illegal wildlife import. The lack of specificity of HS code precludes effective monitoring and traceability of global wildlife trade. There is an increasing call for a reform of the Harmonized System to strengthen monitoring and enforcement of global wildlife trade.

Reasons for concern

Different forms of wildlife trade or use (utilization, hunting, trapping, collection or over-exploitation) are the second major threat to endangered mammals and it also ranks among the first ten threats to birds, amphibians and cycads.

Wildlife trade threatens the local ecosystem, and puts all species under additional pressure at a time when they are facing threats such as over-fishing, pollution, dredging, deforestation and other forms of habitat destruction. Wildlife is traded alive or dead.

In the food chain, species higher up on the ladder ensure that the species below them do not become too abundant (hence controlling the population of those below them). Animals lower on the ladder are often non-carnivorous (but instead herbivorous) and control the abundance of plant species in a region. Due to the very large amounts of species that are removed from the ecosystem, it is not inconceivable that environmental problems will result, similar to e.g. overfishing, which causes an overabundance of jellyfish

Survival rate of species during transport

In some instances; such as the sale of chameleons from Madagascar, organisms are transported by boat or via the air to consumers. The survival rate of these is extremely poor (only 1% survival rate). This is undoubtedly caused by the illegal nature; vendors rather not risk that the chameleons were to be discovered and so do not ship them in plain view. Due to the very low survival rate, it also means that far higher amounts of organisms (in this case chameleons) are taken away from the ecosystem, to make up for the losses.

Consequences for indigenous peoples

In many instances, tribal people have become the victims of the fallout from poaching. With increased demand in the illegal wildlife trade, tribal people are often direct victims of the measures implemented to protect wildlife. Often reliant upon hunting for food, they are prevented from doing so, and are frequently illegally evicted from their lands following the creation of nature reserves aimed to protect animals. Tribal people are often falsely accused of contributing to the decline of species – in the case of India, for example, they bear the brunt of anti-tiger poaching measures, despite the main reason for the tiger population crash in the 20th century being due to hunting by European colonists and Indian elites. In fact, contrary to popular belief, there is strong evidence to show that they effectively regulate and manage animal populations.

Illegal wildlife trade

Shark fin for sale in Hong Kong
 
Interpol has estimated the extent of the illegal wildlife trade between $10 billion and $20 billion per year. While the trade is a global one, with routes extending to every continent, conservationists say the problem is most acute in Southeast Asia. There, trade linkages to key markets in China, the United States, and the European Union; lax law enforcement; weak border controls; and the perception of high profit and low risk contribute to large-scale commercial wildlife trafficking. The ASEAN Wildlife Enforcement Network (ASEAN-WEN) ASEAN Wildlife Enforcement Network, supported by the U.S. Agency for International Development and external funders, is one response to the region's illegal wildlife trade networks.

Asia

Notable trade hubs of the wildlife trade include Suvarnabhumi Airport in Bangkok, which offers smugglers direct jet service to Europe, the Middle East, North America and Africa. The Chatuchak weekend market in Bangkok is a known center of illicit wildlife trade, and the sale of lizards, primates, and other endangered species has been widely documented. Trade routes connecting in Southeast Asia link Madagascar to the United States (for the sale of turtles, lemurs, and other primates), Cambodia to Japan (for the sale of slow lorises as pets), and the sale of many species to China. 

Despite international and local laws designed to crack down on the trade, live animals and animal parts — often those of endangered or threatened species - are sold in open-air markets throughout Asia. The animals involved in the trade end up as trophies, or in specialty restaurants. Some are used in traditional Chinese medicine (TCM). Despite the name, elements of TCM are widely adopted throughout East and Southeast Asia, among both Chinese and non-Chinese communities.

The trade also includes demand for exotic pets especially birds, and consumption of wildlife for meat. Large volumes of fresh water tortoises and turtles, snakes, pangolins and monitor lizards are consumed as meat in Asia, including in specialty restaurants that feature wildlife as gourmet dining.

Related to the exotic pet trade, captive wildlife are held in sanctuaries which have been involved in illegal wildlife trade. In Thailand the Tiger Temple was closed in 2016 due to being accused of clandestine exchange of tigers.

Africa

Many African species are traded both within the country of origin and internationally. Charismatic mega-fauna are among commonly traded species native to the African continent including African elephants, pangolin, rhinoceros, leopards, and lions. Other animals such as vultures play a role in trade, both domestically and internationally. 

Morocco has been identified as a transit country for wildlife moving from Africa to Europe due to its porous borders with Spain. Wildlife is present in the markets as photo props, sold for decoration, used in medicinal practices, sold as pets and used to decorate shops. Large numbers of reptiles are sold in the markets, especially spur-thighed tortoises. Although leopards have most likely been extirpated from Morocco, their skins can regularly be seen sold openly as medicinal products or decoration in the markets.

South America

Although the volume of animals traded may be greater in Southeast Asia, animal trading in Latin America is widespread as well.

In open air Amazon markets in Iquitos and Manaus, a variety of rainforest animals are sold openly as meat, such as agoutis, peccaries, turtles, turtle eggs, walking catfish, etc. In addition, many species are sold as pets. The keeping of parrots and monkeys as pets by villagers along the Amazon is commonplace. But the sale of these "companion" animals in open markets is rampant. Capturing the baby tamarins, marmosets, spider monkeys, saki monkeys, etc., in order to sell them, often requires shooting the mother primate out of a treetop with her clinging child; the youngster may or may not survive the fall. With the human population increasing, such practices have a serious impact on the future prospects for many threatened species. The United States is a popular destination for Amazonian rainforest animals. They are smuggled across borders the same way illegal drugs are - in the trunks of cars, in suitcases, in crates disguised as something else.

In Venezuela more than 400 animal species are involved in subsistence hunting, domestic and international (illegal) trade. These activities are widespread and might overlap in many regions, although they are driven by different markets and target different species.

Online

Through both deep web (password protected, encrypted) and dark web (special portal browsers) markets, participants can trade and transact illegal substances, including wildlife. However the amount of activity is still negligible compared to the amount on the open or surface web. As stated in an examination of search engine key words relating to wildlife trade in an article published by Conservation Biology, "This negligible level of activity related to the illegal trade of wildlife on the dark web relative to the open and increasing trade on the surface web may indicate a lack of successful enforcement against illegal wildlife trade on the surface web."

A study conducted by the International Fund for Animal Welfare (Ifaw) in 2018 revealed online sales of endangered wildlife (on the list of the global Convention on the International Trade in Endangered Species) was pervasive across Europe. Ivory accounted for almost 20 percent of the items offered.

Organizations addressing illegal wildlife trade

Legal wildlife trade

Legal shipment of wildlife pelts, a form of legal wildlife trade

Legal trade of wildlife has occurred for many species for a number of reasons, including commercial trade, pet trade as well as conservation attempts. Whilst most examples of legal trade of wildlife are as a result of large population numbers or pests, there is potential for the use of legal trade to reduce illegal trade threatening many species. Legalizing the trade of species can allow for more regulated harvesting of animals and prevent illegal over-harvesting.

Many environmentalists, scientists, and zoologists around the world are mostly against legalizing pet trade of invasive or introduced species, as their release into the wild, be it intentional or not, could compete with the indigenous species, can lead to its endangerment.

Examples of successful wildlife trade

Australia

Crocodiles
Trade of crocodiles in Australia has been largely successful. Saltwater crocodiles (Crocodylus porosus) and freshwater crocodiles (Crocodylus johnstoni) are listed under CITES Appendix II. Commercial harvesting of these crocodiles occurs in Northern Territory, Queensland and Western Australia, including harvesting from wild populations as well as approved captive breeding programs based on quotas set by the Australian government.
Kangaroos
Kangaroos are currently legally harvested for commercial trade and export in Australia. There are a number of species included in the trade including:
Harvesting of kangaroos for legal trade does not occur in National Parks and is determined by quotas set by state government departments. Active kangaroo management has gained a commercial value in the trade of kangaroo meat, hides and other products.

North America

Alligator
Alligators have been traded commercially in Florida and other American states as part of a management program. The use of legal trade and quotas have allowed management of a species as well as economic incentive for sustaining habitat with greater ecological benefits.

Legalising trade for endangered species

The 15th Conference of the Parties of CITES was held in Doha, Qatar in March 2010.

Under the Convention on International Trade of Endangered Species (CITES), species listed under Appendix I are threatened with extinction, and commercial trade in wild-caught specimens, or products derived from them, is prohibited. This rule applies to all species threatened with extinction, except in exceptional circumstances. Commercial trade of endangered species listed under Appendix II and III is not prohibited, although Parties must provide non-detriment finding to show that the species in the wild is not being unsustainably harvested for the purpose of trade. Specimens of Appendix I species that were bred in captivity for commercial purposes are treated as Appendix II. An example of this is captive-bred saltwater crocodiles, with some wild populations listed in Appendix I and others in Appendix II.

Welfare in wildlife trade

Many animals are kept for months in markets waiting to be sold. The welfare of animals in trade is almost universally poor, with the vast majority of animals failing to receive even the most basic freedom from pain, hunger, distress, discomfort, and few opportunities to express normal behaviour.

Environmental crime

From Wikipedia, the free encyclopedia
 
Environmental crime is an illegal act which directly harms the environment. International bodies such as the G8, Interpol, European Union, United Nations Environment Programme and the United Nations Interregional Crime and Justice Research Institute have recognised the following environmental crimes:
These crimes are liable for prosecution. Interpol facilitates international police cooperation and assists its member countries in the effective enforcement of national and international environmental laws and treaties. Interpol began fighting environmental crime in 1992.

Costs

International criminal gangs and militant groups profit from the plunder of natural resources and these illegal profits are soaring. Terrorism and even civil wars are consequences of environmental crime. According to UNEP and Interpol, in June 2016 the value of environmental crime is 26 per cent larger than previous estimates, at US$91–258 billion, compared to US$70–213 billion in 2014, outstripping illegal trade in small arms. More than half of this amount can be attributed to illegal logging and deforestation.

Prosecution by ICC

On September 2016 it was announced that the International Criminal Court located in The Hague will prosecute government and individuals for environmental crimes. According to the Case Selection Criteria announced in Policy Paper on Case Selection and Prioritisation by ICC on 15 September 2016, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, "inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land".

Environmental crime by country

United States

Abandoned or little used areas are common dumping places in America -especially railroads. Over $10 million a year are used to remove illegal dumping from polluting towns and the environment. A small organization, CSXT Police Environment Crimes Unit, has been started to stop railroad dumping specifically. 

Ever since the Environmental Protection Agency's Office of Criminal Enforcement was founded in 1982, there has been a steady increase in prosecuted environmental crimes. This includes the prosecution of companies that have illegally dumped or caused oil spills. On a federal level, while the EPA oversees the investigations, the prosecutions are typically brought by the U.S. Department of Justice, through its Environmental Crimes Section, and/or through one of the 94 U.S. Attorney's Office across the country.

Nigeria

In Nigeria, the establishment of environmental agencies began in 1988 after an incident of dumping of toxic materials in the country by international waste traders (the infamous Koko incident). Presently, agencies such as the National Environmental Standards and Regulations Enforcement Agency are empowered by Nigerian law to regulate the environment sector. This agency works with other organs of the government such as customs, police, military intelligence, etc., and has successfully seized illegally trafficked wildlife products and prosecuted a number persons, including non-nationals.

Enforcement

The effective enforcement of environmental laws is vital to any protection regimes that are designed to protect the environment. In the early days of environmental legislation, violations carried largely insignificant civil fines and penalties. Initial environmental laws and regulations had little or no deterrent effect on corporations, individuals, or governments to comply with environmental laws. Indeed, a major source of failure of US environmental protection legislation was the civil character of federal enforcement actions. Their chief sanction was fines, which many corporations took in stride as a cost of doing business. Environmental criminal law covers narrower ground. Its core consists of the criminal provisions of eight federal statutes passed mainly in the 1970s and amended in the last two decades.

In many cases, particularly corporations found it more cost-effective to continue to pollute more than the law allowed and simply pay any associate fines if indeed the corporation was actually found and convicted of violating environmental laws or regulations. Perversely, corporations actually had a disincentive to comply with environmental laws or regulations as compliance generally raised their operational costs which meant that many corporations obeying the environmental laws, whether out of a sense of legal duty or public obligation, were disadvantaged and lost a competitive edge and consequently suffered in the marketplace to competitors who disregarded environmental laws and regulations. As a result of weak environmental legislation and continued adverse public opinion regarding the management of the environment, many governments established various environmental enforcement regimes that dramatically increased the legal powers of environmental investigators. The inclusion of criminal sanctions, significant increases in fines coupled with possible imprisonment of corporate officers changed the face of environmental law enforcement. For example, between 1983 and 1990 the US Department of Justice secured $57,358,404.00 in criminal penalties and obtained sentences of imprisonment for 55% of defendants charged with environmental offences.

Enforcing environmental laws and regulations is an important ingredient in protecting the environment and reducing environmental harm. This is generally achieved by various environmental law enforcement agencies operating at an International, Regional, National, State and Local level. For instance, to some extent environmental law enforcement agencies operate only at an international level whereas others only operate at the local level. Furthermore, environmental law enforcement agencies utilise various enforcement methods to ensure compliance to environmental legislation. In some cases enforcement agencies rely on coercive powers to demand compliance to environmental laws, generally labelled “command and control” strategies, while others rely on conciliatory and educational strategies to persuade individuals, organisations and governments to comply with environmental laws and regulations. Moreover, it has increased the need for cooperation between different policing institutions. Environmental law enforcement agencies and police services do not operate in a vacuum; the legislative instruments that political systems implement govern their activities and responsibilities within society. However, ostensibly it is the legislative instruments implemented by governments that determine many of the strategies utilised by police services in protecting the environment. Generally these International, Regional, National and State legislative instruments are designed to ensure industries, individuals, and governments comply with the various environmental obligations embedded in national statutes and laws. There are also international legal instruments and treaties that also affect the way that sovereign states deal with environmental issues.

Environmental criminology

Environmental criminology examines the notions of crimes, offences and injurious behaviours against the environment and starts to examine the role that societies including corporations, governments and communities play in generating environmental harms. Criminology is now starting to recognise the impact of humans on the environment and how law enforcement agencies and the judiciary measure harm to the environment and attribute sanctions to the offenders.

Wilderness Act

From Wikipedia, the free encyclopedia
 
Wilderness Act
Great Seal of the United States
Long titleAn Act to establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes.
NicknamesWilderness Act of 1964
Enacted bythe 88th United States Congress
Citations
Public law88–577
Statutes at Large78 Stat. 890
Codification
Titles amended16 U.S.C.: Conservation
U.S.C. sections created16 U.S.C. ch. 23 § 1131 et seq.
Legislative history
  • Introduced in the Senate as S. 4
  • Passed the Senate on April 9, 1963 (73-12)
  • Passed the House on July 30, 1964 (374-1, in lieu of H.R. 9070)
  • Signed into law by President Lyndon B. Johnson on September 3, 1964
President Lyndon Johnson signs the Wilderness Act of 1964 in the White House Rose Garden. Also pictured are Interior Secretary Stewart Udall, Senator Frank Church, Mardy Murie, Alice Zahniser, and Representative Wayne Aspinall, among others.
 
The Wilderness Act of 1964 (Pub.L. 88–577) was written by Howard Zahniser of The Wilderness Society. It created the legal definition of wilderness in the United States, and protected 9.1 million acres (37,000 km²) of federal land. The result of a long effort to protect federal wilderness and to create a formal mechanism for designating wilderness, the Wilderness Act was signed into law by President Lyndon B. Johnson on September 3, 1964 after over sixty drafts and eight years of work.

The Wilderness Act is well known for its succinct and poetic definition of wilderness:
"A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain." - Howard Zahniser
When Congress passed and President Lyndon B. Johnson signed the Wilderness Act on September 3, 1964, it created the National Wilderness Preservation System. The initial statutory wilderness areas, designated in the Act, comprised 9.1 million acres (37,000 km²) of national forest wilderness areas in the United States of America previously protected by administrative orders. The current amount of areas designated by the NWPS as wilderness totals 757 areas encompassing 109.5 million acres of federally owned land in 44 states and Puerto Rico (5% of the land in the United States).

Legal framework

Wilderness Act land is chosen from existing federal land and by determining which areas are considered to have the following criteria:
  • Minimal human imprint
  • Opportunities for unconfined recreation
  • At least five thousand acres
  • Educational, scientific, or historical value
Additionally, areas considered as wilderness should have no commercial enterprises within them or any motorized travel (e.g.; vehicles, motorcycles).

When Congress designates each wilderness area, it includes a very specific boundary line in statutory law. Once a wilderness area has been added to the system, its protection and boundary can be altered only by Congress.

The basics of the program set out in the Wilderness Act are straightforward:
  • The lands protected as wilderness are areas of our public lands.
  • Wilderness designation is a protective overlay Congress applies to selected portions of national forests, parks, wildlife refuges, and other public lands.
  • Within wilderness areas, the Wilderness Act strives to restrain human influences so that ecosystems [the Wilderness Act, however, makes no specific mention of ecosystems] can change over time in their own way, free, as much as possible, from human manipulation. In these areas, as the Wilderness Act puts it, "the earth and its community of life are untrammeled by man,"untrammeled meaning the forces of nature operate unrestrained and unaltered.
  • Wilderness areas serve multiple uses but the law limits uses to those consistent with the Wilderness Act mandate that each wilderness area be administered to preserve the "wilderness character of the area." For example, these areas protect watersheds and clean-water supplies vital to downstream municipalities and agriculture, as well as habitats supporting diverse wildlife, including endangered species, but logging and oil and gas drilling are prohibited.
  • Along with many other uses for the American people, wilderness areas are popular for diverse kinds of outdoor recreation but without motorized or mechanical vehicles or equipment except where specifically permitted. Scientific research is also allowed in wilderness areas as long as it is non-invasive.
  • The Wilderness Act was reinterpreted by the Administration in 1986 to ban bicycles from Wilderness areas, which led to the current vocal opposition from mountain bikers to the opening of new Wilderness areas.
  • The Wilderness Act allows certain uses (resource extraction, grazing, etc.) that existed before the land became wilderness to be grandfathered in and so they may continue to take place although the area that was designated as wilderness typically would not concede such uses. Specifically, mining, grazing, water uses, or any other uses that do not significantly impact the majority of the area may remain in some degree.
When the Wilderness Act was passed, it ignored lands managed by the Bureau of Land Management because of uncertainty of policy makers surrounding the future of those areas. The uncertainty was clarified in 1976 with the passing of the Federal Land Policy and Management Act, which stated that land managed by the Bureau of Land Management would remain federally owned and, between March 1978 and November 1980, would be reviewed to possibly be classified as wilderness.

Criticisms

Some argue that the criteria to determine wilderness are vague and open to interpretation. For example, one criterion for wilderness is that it be roadless, and the act does not define the term roadless. Wilderness advocacy groups and some agency bureaucrats have attempted to impose this standard: "the word 'roadless' refers to the absence of roads that have been improved and maintained by mechanical means."

Statistics

Today, the Wilderness System comprises over 109 million acres (441,000 km²) involving federal lands administered by four agencies: 

The National Wilderness Preservation System:
Area Administered by each Federal Agency (September 2014)
Agency Wilderness area Agency land
designated wilderness
National Park Service 43,932,843 acres (17,778,991 ha) 56%
U.S. Forest Service 36,165,620 acres (14,635,710 ha) 18%
U.S. Fish and Wildlife Service 20,702,488 acres (8,378,000 ha) 22%
Bureau of Land Management 8,710,087 acres (3,524,847 ha) 2%
Total 109,511,038 acres (44,317,545 ha) 100%

Future legislation

Congress considers additional proposals every year, some recommended by federal agencies and many proposed by grassroots conservation and sportsmen's organizations.

Congressional bills are pending to designate new wilderness areas in Utah, Colorado, Washington, California, Virginia, Idaho, West Virginia, Montana and New Hampshire. Grassroots coalitions are working with local congressional delegations on legislative proposals for additional wilderness areas, including Vermont, southern Arizona, national grasslands in South Dakota, Rocky Mountain peaks of Montana, Colorado and Wyoming. The U.S. Forest Service has recommended new wilderness designations, which citizen groups may propose to expand.

50th anniversary of Wilderness Act

In 2014, America celebrated "50 Years of Wilderness", and Wilderness50, a growing coalition of federal agencies, non-profit organizations, academic institutions, and other wilderness user groups has been created to document this historical commemoration honoring America's "True American Legacy of Wilderness."

A series of projects and events were held to commemorate the 50th year of the Wilderness Act, including community museum, airport and visitor center displays; National website and social media campaign; Smithsonian photography exhibition; Washington D.C. Wilderness Week in September, and the National Wilderness Conference.

Poaching

From Wikipedia, the free encyclopedia
The Poacher by Frédéric Rouge (1867–1950)
 
Poaching has been defined as the illegal hunting or capturing of wild animals, usually associated with land use rights. Poaching was once performed by impoverished peasants for subsistence purposes and a supplement for meager diets. It was set against the hunting privileges of nobility and territorial rulers.

Since the 1980s, the term "poaching" has also been used to refer to the illegal harvesting of wild plant species. In agricultural terms, the term 'poaching' is also applied to the loss of soils or grass by the damaging action of feet of livestock which can affect availability of productive land, water pollution through increased runoff and welfare issues for cattle. Stealing livestock as in cattle raiding classifies as theft, not as poaching.

Legal aspects

The Poacher, 1916 sketch by Tom Thomson, Art Gallery of Ontario, Toronto

In 1998, environmental scientists from the University of Massachusetts Amherst proposed the concept of poaching as an environmental crime, defining any activity as illegal that contravenes the laws and regulations established to protect renewable natural resources including the illegal harvest of wildlife with the intention of possessing, transporting, consuming or selling it and using its body parts. They considered poaching as one of the most serious threats to the survival of plant and animal populations. Wildlife biologists and conservationists consider poaching to have a detrimental effect on biodiversity both within and outside protected areas as wildlife populations decline, species are depleted locally, and the functionality of ecosystems is disturbed.

Continental Europe

End of the poacher, illustration based on a painting by August Dieffenbacher, 1894
 
Grave of a poacher in Schliersee, quoting the first stanza of the Jennerwein song. Now and then, poached game is being placed on the grave to commemorate 'Girgl'.
 
Marterl at the Riederstein, near Baumgartenschneid, Tegernsee. The remains of a poacher, who never returned from a hunting expedition in 1861, were found at the site in 1897.
 
Austria and Germany refer to poaching not as theft, but as intrusion in third party hunting rights. While ancient Germanic law allowed any free man including peasants to hunt, especially on the commons, Roman law restricted hunting to the rulers. In Medieval Europe feudal territory rulers from the king downward tried to enforce exclusive rights of the nobility to hunt and fish on the lands they ruled. Poaching was deemed a serious crime punishable by imprisonment, but the enforcement was comparably weak until the 16th century. Peasants were still allowed to continue small game hunting, but the right of the nobility to hunt was restricted in the 16th century and transferred to land ownership. The low quality of guns made it necessary to approach to the game as close as 30 m (98 ft). For example, poachers in the Salzburg region then were men around 30 years of age, not yet married and usually alone on their illegal trade.

The development of modern hunting rights is closely connected to the comparably modern idea of exclusive private property of land. In the 17th and 18th centuries, the restrictions on hunting and shooting rights on private property were being enforced by gamekeepers and foresters. They denied shared usages of forests, e.g. resin collection and wood pasture and the peasant's right to hunt and fish. However, comparably easy access to rifles increasingly allowed peasants and servants to poach by end of the 18th century. Hunting was used in the 18th century as a theatrical demonstration of the aristocratic rule of the land and had a strong impact on land use patterns as well. Poaching in so far interfered not only with property rights but clashed symbolically with the power of the nobility. During the years between 1830 and 1848 poaching and poaching related deaths increased in Bavaria. The German revolutions of 1848–49 were interpreted as a general allowance for poaching in Bavaria. The reform of hunting law in 1849 restricted legal hunting to rich land owners and members of the bourgeoisie able to pay hunting fees; this led to disappointment among the general public, who continued to view poachers favourably. Some of the frontier regions, where smuggling was important, showed especially strong resistance to this development. In 1849, the Bavarian military forces were asked to occupy a number of municipalities on the frontier with Austria. Both in Wallgau (today a part of Garmisch-Partenkirchen) and in Lackenhäuser in the Bavarian forest each household had to feed and accommodate one soldier for a month as part of a military mission to quell the uproar. The people of Lackenhäuser had several skirmishes with Austrian foresters and military that started due to poached deer. The well-armed people set against the representatives of the state were known as bold poachers (kecke Wilderer). Some poachers and their violent deaths, like Matthias Klostermayr (1736–1771), Georg Jennerwein (1848–1877) and Pius Walder (1952–1982) gained notoriety and had a strong cultural impact till the present. Poaching was being used then as a dare. It had a certain erotic connotation, as in Franz Schubert's Hunter's love song, (1828, Schubert Thematic Catalogue 909). The lyrics of Franz von Schobers connected unlimited hunting with the pursuit of love. Further poaching related legends and stories include the 1821 opera Freischütz till Wolfgang Franz von Kobell's 1871 story about the Brandner Kasper, a Tegernsee locksmith and poacher achieving a special deal with the grim reaper.

While poachers had strong local support until the early 20th century, Walder's case showed a significant change in attitudes. Urban citizens still had some sympathy for the hillbilly rebel, while the local community were much less in favor.

United Kingdom

Brass plaque on door at Tremedda farm dating to 1868, warning that poachers shall be shot on first sight
 
Poaching, like smuggling, has a long counter-cultural history. The verb poach is derived from the Middle English word pocchen literally meaning bagged, enclosed in a bag. Poaching was dispassionately reported for England in "Pleas of the Forest", transgressions of the rigid Anglo-Norman Forest Law. William the Conqueror, who was a great lover of hunting, established and enforced a system of forest law. This operated outside the common law, and served to protect game animals and their forest habitat from hunting by the common people of England and reserved hunting rights for the new French-speaking Anglo-Norman aristocracy. Henceforth hunting of game in royal forests by commoners or in other words poaching, was invariably punishable by death by hanging. In 1087, a poem called "The Rime of King William" contained in the Peterborough Chronicle, expressed English indignation at the severe new laws. Poaching was romanticised in literature from the time of the ballads of Robin Hood, as an aspect of the "greenwood" of Merry England; in one tale, Robin Hood is depicted as offering King Richard the Lion Heart venison from deer illegally hunted in the Sherwood Forest, the King overlooking the fact that this hunting was a capital offence. The widespread acceptance of this common criminal activity is encapsulated in the observation Non est inquirendum, unde venit venison ("It is not to be inquired, whence comes the venison"), made by Guillaume Budé in his Traitte de la vénerie. However, the English nobility and land owners were in the long term extremely successful in enforcing the modern concept of property, expressed e.g. in the enclosures of common land and later in the Highland Clearances, which were both forced displacement of people from traditional land tenancies and erstwhile common land. The 19th century saw the rise of acts of legislation, such as the Night Poaching Act 1828 and Game Act 1831 in the United Kingdom, and various laws elsewhere.

United States

Lady Baltimore, a bald eagle in Alaska survived a poaching attempt in the Juneau Raptor Center mew on 15 August 2015
 
In North America, the blatant defiance of the laws by poachers escalated to armed conflicts with law authorities, including the Oyster Wars of the Chesapeake Bay, and the joint US-British Bering Sea Anti-Poaching Operations of 1891 over the hunting of seals. 

Violations of hunting laws and regulations concerning wildlife management, local or international wildlife conservation schemes constitute wildlife crimes that are typically punishable. The following violations and offenses are considered acts of poaching in the USA:

Africa

Stephen Corry, director of the human-rights group Survival International, has argued that the term "poaching" has at times been used to criminalize the traditional subsistence techniques of indigenous peoples and bar them from hunting on their ancestral lands, when these lands are declared wildlife-only zones. Corry argues that parks such as the Central Kalahari Game Reserve are managed for the benefit of foreign tourists and safari groups, at the expense of the livelihoods of tribal peoples such as the Kalahari bushmen.

Motives

Sociological and criminological research on poaching indicates that in North America people poach for commercial gain, home consumption, trophies, pleasure and thrill in killing wildlife, or because they disagree with certain hunting regulations, claim a traditional right to hunt, or have negative dispositions toward legal authority. In rural areas of the United States, the key motives for poaching are poverty. Interviews conducted with 41 poachers in the Atchafalaya River basin in Louisiana revealed that 37 of them hunt to provide food for themselves and their families; 11 stated that poaching is part of their personal or cultural history; nine earn money from the sale of poached game to support their families; eight feel exhilarated and thrilled by outsmarting game wardens.

In African rural areas, the key motives for poaching are the lack of employment opportunities and a limited potential for agriculture and livestock production. Poor people rely on natural resources for their survival and generate cash income through the sale of bushmeat, which attracts high prices in urban centres. Body parts of wildlife are also in demand for traditional medicine and ceremonies. The existence of an international market for poached wildlife implies that well-organised gangs of professional poachers enter vulnerable areas to hunt, and crime syndicates organise the trafficking of wildlife body parts through a complex interlinking network to markets outside the respective countries of origin. Armed conflict in Africa has been linked to intensified poaching and wildlife declines within protected areas, likely reflecting the disruption of traditional livelihoods, which causes people to seek alternative food sources. 

In a study conducted in Tanzania by two scientists named Paul Wilfred and Andrew Maccoll explored why the people in Tanzania poached certain species and when they are more likely to do so. They decided to interview people from multiple villages who lived near the Ugalla Game Reserve. To make sure the interview and their results were unbiased, they randomly picked several villages and several families from each village to interview.

One of the major cases of poaching is for bushmeat, or meat consumed from non-domesticated species of animals from all sorts of classes such as mammals or birds. Usually, bushmeat is considered a subset of poaching due to the hunting of animals regardless of the laws that conserve certain species of animals. Poachers hunt for bushmeat for both consumption and for profit.

The conclusion of the study found that many families would consume more bushmeat if there weren't protein alternatives such as fish and the further away the families were from the reserve, the less likely they were to illegally hunt the wildlife for bushmeat. Finally, families were more likely to hunt for bushmeat right before harvest season and during heavy rains, as before the harvest season, there is not much agricultural work and heavy rainfall obscures human tracks, making it easier for poachers to get away with their crimes.

Poverty seems to be a large impetus to cause people to poach, something that affects both residents in Africa and Asia. For example, in Thailand, there are anecdotal accounts of the desire for a better life for children, which drive rural poachers to take the risk of poaching even though they dislike exploiting the wildlife.

Another major cause of poaching is due to the cultural high demand of wildlife products, such as ivory, that are seen as symbols of status and wealth in China. According to Joseph Vandegrift, China saw an unusual spike in demand for ivory in the twenty-first century due to the economic boom that allowed more middle-class Chinese to have a higher purchasing power that incentivized them to show off their newfound wealth using ivory, a rare commodity since the Han Dynasty.

In China, there are problems with wildlife conservation, specifically relating to tigers. Several authors collaborated on a piece titled "Public attitude toward tiger farming and tiger conservation in Beijing, China", exploring the option of whether it would be a better policy to raise tigers on a farm or put them in a wildlife conservation habitat to preserve the species. Conducting a survey on 1,058 residents of Beijing, China with 381 being university students and the other 677 being regular citizens, they tried to gauge public opinion about tigers and conservation efforts for them. They were asked questions regarding the value of tigers in relations to ecology, science, education, aestheticism, and culture. However, one reason emerged as to why tigers are still highly demanded in illegal trading: culturally, they are still status symbols of wealth for the upper class, and they are still thought to have mysterious medicinal and healthcare effects.

Effects of poaching

Memorial to rhinos killed by poachers near St Lucia Estuary, South Africa

The detrimental effects of poaching can include:

Products

A seashell vendor in Tanzania sells seashells to tourists, seashells which have been taken from the sea alive, killing the animal inside.
 
The body parts of many animals, such as tigers and rhinoceroses, are believed to have certain positive effects on the human body, including increasing virility and curing cancer. These parts are sold in areas where these beliefs are practiced – mostly Asian countries particularly Vietnam and China – on the black market.

A vendor selling illegal items at a Chinese market for use in traditional Chinese medicine. Some of the pieces pictured include parts of animals such as a tiger's paw.
 
Traditional Chinese medicine often incorporates ingredients from all parts of plants, the leaf, stem, flower, root, and also ingredients from animals and minerals. The use of parts of endangered species (such as seahorses, rhinoceros horns, binturong and tiger bones and claws) has created controversy and resulted in a black market of poachers. Deep-seated cultural beliefs in the potency of tiger parts are so prevalent across China and other east Asian countries that laws protecting even critically endangered species such as the Sumatran tiger fail to stop the display and sale of these items in open markets, according to a 2008 report from TRAFFIC. Popular "medicinal" tiger parts from poached animals include tiger genitals, culturally believed to improve virility, and tiger eyes.

Rhino populations face extinction because of demand in Asia (for traditional medicine and as a luxury item) and in the Middle East (where horns are used for decoration). A sharp surge in demand for rhino horn in Vietnam was attributed to rumors that the horn cured cancer, even though the rumor has no basis in science. Recent prices for a kilo of crushed rhino horn have gone for as much as $60,000, more expensive than a kilo of gold. Vietnam is the only nation which mass-produces bowls made for grinding rhino horn.

Ivory, which is a natural material of several animals, plays a large part in the trade of illegal animal materials and poaching. Ivory is a material used in creating art objects and jewelry where the ivory is carved with designs. China is a consumer of the ivory trade and accounts for a significant amount of ivory sales. In 2012, The New York Times reported on a large upsurge in ivory poaching, with about 70% of all illegal ivory flowing to China.

Fur is also a natural material which is sought after by poachers. A Gamsbart, literally chamois beard, a tuft of hair traditionally worn as a decoration on trachten-hats in the alpine regions of Austria and Bavaria formerly was worn as a hunting (and poaching) trophy. In the past, it was made exclusively from hair from the chamois' lower neck.

Anti-poaching efforts

There are differnt anti-poaching efforts around the world.

Africa

TRAFFIC brings to light many of the poaching areas and trafficking routes and helps to clamp down on the smuggling routes the poachers use to get the ivory to areas of high demand, predominantly Asia.

As many as 35,000 African elephants are slaughtered yearly to feed the demand for their ivory tusks. This ivory then goes on to be used in jewelry, musical instruments, and other trinkets.

Members of the Rhino Rescue Project have implemented a technique to combat rhino poaching in South Africa by injecting a mixture of indelible dye and a parasiticide into the animals' horns, which enables tracking of the horns and deters consumption of the horn by purchasers. Since rhino horn is made of keratin, advocates say the procedure is painless for the animal. Another strategy being used to counter rhino poachers in Africa is called RhODIS, which is a database that compiles rhino DNA from confiscated horns and other goods that were being illegally traded, as well as DNA recovered from poaching sites. RhODIS cross-references the DNA as it searches for matches; if a match is found, it is used to track down the poachers. Africa's Wildlife Trust seeks to protect African elephant populations from poaching activities in Tanzania. Hunting for ivory was banned in 1989, but poaching of elephants continues in many parts of Africa stricken by economic decline. The International Anti-Poaching Foundation has a structured military-like approach to conservation, employing tactics and technology generally reserved for the battlefield. Founder Damien Mander is an advocate of the use of military equipment and tactics, including Unmanned Aerial Vehicles, for military-style anti-poaching operations. Such military-style approaches have been criticised for failing to resolve the underlying reasons for poaching, but to neither tackle "the role of global trading networks" nor the continued demand for animal products. Instead, they "result in coercive, unjust and counterproductive approaches to wildlife conservation".

Chengeta Wildlife is an organization that works to equip and train wildlife protection teams and lobbies African governments to adopt anti-poaching campaigns. Jim Nyamu's elephant walks are part of attempts in Kenya to reduce ivory poaching.

In 2013, the Tanzanian Minister of Natural Resources and Tourism urged that poachers be shot on sight in an effort to stop the mass killing of elephants. Since December 2016, anti-poaching police units in Namibia are permitted to return fire on poachers if fired upon. The government of Botswana adopted a 'shoot-to-kill' policy against poachers in 2013 as a "legitimate conservation strategy" and "a necessary evil", which has reduced poaching to the point it is thought to be ‘virtually non-existent’ in the country, and that neighbouring countries like South Africa should also adopt similar measures in order to save wildlife from extinction. In May 2018, the Kenyan government announced that poachers will face the death penalty, as fines and life imprisonment have "not been deterrence enough to curb poaching, hence the proposed stiffer sentence". Human rights organizations oppose the move, but wildlife advocates support it. Save the Rhino, a UK-based wildlife advocacy organization notes that in Kenya, 23 rhinos and 156 elephants were killed by poachers between 2016 and 2017. As of March 2019, the measure is being put on the fast track to implementation by Kenyan lawmakers.

Asia

Large quantities of ivory are sometimes destroyed as a statement against poaching (aka "ivory crush"). In 2013 the Philippines were the first country to destroy their national seized ivory stock. In 2014 China followed suit and crushed six tons of ivory as a symbolic statement against poaching.

There are two main solutions according to Frederick Chen that would attack the supply side of this poaching problem to reduce its effects: enforcing and enacting more policies and laws for conservation and by encouraging local communities to protect the wildlife around them by giving them more land rights.

Nonetheless, Frederick Chen wrote about two types of effects stemming from demand-side economics: the bandwagon and snob effect. The former deals with people desiring a product due to many other people buying it, while the latter is similar but with one distinct difference: people will clamour to buy something if it denotes wealth that only a few elites could possibly afford. Therefore, the snob effect would offset some of the gains made by anti-poaching laws, regulations, or practices: if a portion of the supply is cut off, the rarity and price of the object would increase, and only a select few would have the desire and purchasing power for it. While approaches to dilute mitigate poaching from a supply-side may not be the best option as people can become more willing to purchase rarer items, especially in countries gaining more wealth and therefore higher demand for illicit goods—Frederick Chen still advocates that we should also focus on exploring ways to reduce the demand for these goods to better stop the problem of poaching. Indeed, there is some evidence that interventions to reduce consumer demand may be more effective for combatting poaching than continually increased policing to catch poachers. However, almost no groups deploying interventions that attempt to reduce consumer demand evaluate the impact of their actions.

Another solution to alleviate poaching proposed in Tigers of the World was about how to implement a multi-lateral strategy that targets different parties to conserve wild tiger populations in general. This multi-lateral approach include working with different agencies to fight and prevent poaching since organized crime syndicates benefit from tiger poaching and trafficking; therefore, there is a need to raise social awareness and implement more protection and investigative techniques. For example, conservation groups raised more awareness amongst park rangers and the local communities to understand the impact of tiger poaching—they achieved this through targeted advertising that would impact the main audience. Targeting advertising using more violent imagery to show the disparity between tigers in nature and as a commodity made a great impact on the general population to combat poaching and indifference towards this problem. The use of spokespeople such as Jackie Chan and other famous Asian actors and models who advocated against poaching also helped the conservation movement for tigers too.

In July 2019, rhino horns encased in plaster were seized in Vietnam that were being trafficked from the United Arab Emirates. Despite the ban on trade since the 1970s, poaching level of rhino horns has risen over the last decade, leading the rhino population into crisis.

Poaching has many causes in both Africa and China. The issue of poaching is not a simple one to solve as traditional methods to counter poaching have not taken into the account the poverty levels that drive some poachers and the lucrative profits made by organized crime syndicates who deal in illegal wildlife trafficking. Conservationists hope the new emerging multi-lateral approach, which would include the public, conservation groups, and the police, will be successful for the future of these animals.

United States of America

Some game wardens have made use of robotic decoy animals placed in high visibility areas to draw out poachers for arrest after the decoys are shot. Decoys with robotics to mimic natural movements are also in use by law enforcement. The Marine Monitor radar system watches sensitive marine areas for illicit vessel movement.

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