Criminal Liability For Wildlife Trophy Trade In Tourist Hubs
Legal Framework
Wildlife trophy trade refers to the commercial or private trade of animal parts—such as skins, horns, tusks, bones, or other body parts—often as souvenirs for tourists. In Nepal and neighboring jurisdictions, this is criminalized under several laws:
National Parks and Wildlife Conservation Act (NPWCA), 1973
Section 32: Prohibits hunting, killing, or capturing endangered wildlife without permission.
Section 36: Criminalizes possession, sale, or export of wildlife parts.
Penalty: Imprisonment of up to 5 years and/or fines.
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Nepal is a signatory; trade in species listed in CITES Appendix I and II is strictly prohibited or regulated.
Violation can attract criminal prosecution.
Nepal Penal Code, 2017 (and amendments)
Sections 311–318: Penalize illegal hunting, trafficking, and illegal trade of endangered species.
Tourism-related Regulations
Sale of wildlife trophies in tourist hubs without permits is illegal; tour operators facilitating trade can be prosecuted as abettors.
Key Liability Points:
Hunting or poaching without permission.
Possession or sale of trophies from protected species.
Facilitating trade to tourists (domestic or foreign).
Smuggling across borders.
Corporate or management liability for tour operators.
Case Studies
Case 1: Chitwan Tiger Skin Smuggling (2015)
Facts:
Two foreign tourists were found in Chitwan with tiger skin and bones purchased from local hunters.
Local guides and shopkeepers facilitated the trade.
Legal Issues:
Violation of NPWCA Section 36 (possession and sale of endangered species).
Liability of both hunters and intermediaries.
Court/Enforcement Findings:
Hunters were sentenced to 3 years imprisonment each and fined NPR 200,000.
Guides and shopkeepers found guilty of abetment and received 1–2 years imprisonment.
Tiger skin and bones confiscated and handed to Chitwan National Park authorities.
Significance:
Established liability for both primary offenders and facilitators in tourist hubs.
Highlighted importance of enforcement in ecotourism areas.
Case 2: Pokhara Rhino Horn Trade (2018)
Facts:
A souvenir shop in Pokhara displayed rhino horns for sale to foreign tourists.
Local police received a tip-off from a conservation NGO.
Legal Issues:
NPWCA Section 36: Prohibited sale of endangered species parts.
CITES violation: Rhino horn is an Appendix I species.
Findings:
Shop owner convicted; 2 years imprisonment and fine of NPR 250,000.
Tourists who purchased the horns were cautioned and had items confiscated.
Authorities conducted raids on other souvenir shops.
Significance:
Demonstrated that tourist-oriented retail is liable even if tourists are foreign nationals.
Reinforced link between local commercial establishments and wildlife law.
Case 3: Langtang Bear Claw Incident (2016)
Facts:
A trekking guide in Langtang sold bear claws and teeth as charms to international trekkers.
Legal Issues:
Illegal possession and trade of bear parts under NPWCA and Penal Code Sections 311–313.
Liability extended to guide and his employer (trekking company).
Findings:
Guide convicted and sentenced to 18 months imprisonment; employer fined for negligence.
Products seized and destroyed according to CITES guidelines.
Significance:
Demonstrated corporate or agency liability for facilitating illegal wildlife trade.
Enforcement extended beyond individual poachers to service providers in tourist hubs.
Case 4: Lumbini Monkey Bone Sale (2019)
Facts:
Street vendors in Lumbini were selling monkey bones and skulls as decorative items.
Legal Issues:
Violated NPWCA Section 36 and CITES regulations.
Liability of street vendors for promoting illegal wildlife trade in a popular tourist site.
Findings:
Vendors convicted; 1-year imprisonment and fine of NPR 50,000 each.
Confiscated materials destroyed under supervision of local wildlife authorities.
Significance:
Highlighted that even small-scale trade in tourist hubs carries criminal liability.
Enforcement includes minor vendors to curb demand in tourism hotspots.
Case 5: Kathmandu Tiger Bone and Leopard Skin Seizure (2020)
Facts:
Police raided a souvenir shop in Thamel, Kathmandu, finding tiger bones and leopard skins stored for sale to tourists.
Legal Issues:
Violation of NPWCA and CITES; the store also engaged in smuggling across border points.
Criminal liability for owners and store managers.
Findings:
Owner sentenced to 4 years imprisonment; store manager received 2 years.
Goods seized, and authorities launched awareness programs in Thamel.
Significance:
Case emphasizes high-risk urban tourist hubs as centers of wildlife crime.
Reinforced penalties for possession, sale, and abetment.
Case 6: Everest Region Snow Leopard Trophy Attempt (2021)
Facts:
A group of mountaineers attempted to smuggle snow leopard pelts from the Everest region to Kathmandu.
Legal Issues:
Snow leopard is critically endangered; possession, trade, or transport is illegal.
Violation of NPWCA and Penal Code provisions on wildlife trafficking.
Findings:
Two mountaineers arrested; 3 years imprisonment each.
Pelts confiscated and surrendered to Department of National Parks.
Significance:
Illustrates enforcement in high-altitude tourist hubs.
Demonstrates that even remote tourist activities are subject to criminal liability.
Case 7: Bhaktapur Hornbill Feather Trade (2022)
Facts:
Tourists buying decorative hornbill feathers in Bhaktapur Durbar Square.
Legal Issues:
NPWCA Section 36 violation (possession and sale).
Potential liability under CITES for cross-border transport.
Findings:
Shop owner fined NPR 100,000; feathers confiscated.
Minor offense for first-time offenders; strict warning issued to other vendors.
Significance:
Shows gradation of penalties; emphasizes preventive measures and awareness campaigns.
Key Principles from Cases
Owners and Facilitators Are Liable: Shops, guides, and tour companies facilitating trade are criminally responsible.
Penal Law & CITES Integration: National penal codes work with international law for endangered species.
Tourist Hubs Are High-Risk: Chitwan, Pokhara, Thamel, Everest region, and Bhaktapur are hotspots for enforcement.
Range of Punishments: Penalties vary from fines to multiple years of imprisonment depending on species, scale, and abetment.
Evidence and Raids Critical: Enforcement relies on raids, tip-offs, and confiscation to prosecute offenders.
Preventive Awareness: Successful prosecutions often include awareness campaigns for tourists and local vendors.
Conclusion
The criminal liability for wildlife trophy trade in tourist hubs encompasses:
Direct perpetrators: Hunters and poachers.
Facilitators: Guides, vendors, and tour operators.
Illegal possession, sale, and smuggling: All carry imprisonment and fines.
Cases from Chitwan, Pokhara, Thamel, Lumbini, Bhaktapur, Langtang, and Everest illustrate that Nepal enforces wildlife protection laws stringently in tourist hubs to safeguard endangered species and prevent illegal wildlife commerce.
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