Early completion of laws on wildlife protection

Hunting birds and animals in Ta Lien forest, Lai Chau province.

More than 12 million wire snares threaten wildlife survival

According to a report by the World Wildlife Fund (WWF), an estimated 12.3 million wire snares (usually made from bicycle brake cables or cables) are threatening wildlife in protected areas in Cambodia, Laos and Vietnam. Many types of snares: tripods, spikes, wires, harpoons, electric traps, traps, and blind nets are used to catch wild animals. Homemade guns: mustard flowers, alcohol, rubber, and arrows and crossbows are also commonly used. Many places also trap wild animals such as birds, snakes, and amphibians in all wild habitats, especially during the migration season of birds from the north to Vietnam.

According to the Ministry of Agriculture and Environment, in order to preserve the natural ecosystem and wildlife, Decree No. 84/2021/ND-CP on the management of endangered, precious and rare forest plants and animals has included 105 animal species in group IB (Forest plants and animals that are in danger of extinction and are strictly prohibited from exploitation and use for commercial purposes), and 81 species in group IIB (Forest plants and animals that are not yet in danger of extinction but are at risk of being threatened if not strictly managed and exploitation and use for commercial purposes are restricted). The act of hunting and capturing endangered, precious and rare wild animals can be handled according to the 2015 Penal Code (amended in 2017) with a maximum sentence of 15 years in prison.

Some regulations are still inadequate and unclear.

According to wildlife conservation expert, former Deputy Director of the CITES Vietnam Management Authority Vuong Tien Manh, there are some provisions that are not consistent and unclear, leading to difficulties in handling violations. The Council of Judges' Guidance Resolution No. 05/2018/NQ-HDTP explains some terms such as "Inseparable body parts are parts that perform specialized functions of the animal's body. As soon as these parts are separated from the animal's living body, the animal dies (for example: head, heart, skin, skeleton, liver chamber...)" but still does not clearly explain whether when an animal loses a part, the animal dies immediately, or after a while due to inability to find food or infection.

The regulation “Hunting during the prohibited period is hunting wild animals, endangered, precious, rare animals during their breeding season or migration season. The determination of the breeding season, migration season of each species is according to the regulations of the competent authority”. But in reality, there is no competent authority that regulates the migration and breeding season of species.

In practice, there are also shortcomings that make it difficult to handle violations. In the article "Some difficulties and obstacles in the practice of criminal law enforcement on wildlife protection" by the People's Procuracy of Quang Ninh province, a series of shortcomings in the regulations on objects; on the case of seizing many endangered, precious and rare animals of different classes; the issue of valuing wildlife; the issue of handling evidence. From these shortcomings, the unit proposed to amend the Penal Code in the direction of regulating crimes of violating regulations on wildlife protection in Chapter XIX "Environmental crimes". There should be early guidance from the Council of Judges of the Supreme People's Court to determine the breeding season and migration season of each species for uniformity in handling.

Wire traps collected at Yok Don National Park, Dak Lak province.

Regarding the case of confiscating many endangered, precious and rare animals belonging to different classes, the prosecution agency believes that there should be regulations in the direction that in the case of confiscating many animal species including mammals, birds, reptiles and other classes in Group IB or Appendix I of the CITES Convention, if the quantity is not enough according to each class prescribed in Article 244 of the Penal Code, all individual animals should be added together, then converted to a class or species in a direction that is favorable to the offender for criminal handling, ensuring fairness and objectivity in the criminal handling policy. In addition, there should also be specific guidance documents on handling evidence of live wild animals, endangered, precious and rare animals and evidence of dead individual animals or products of wild animals, endangered, precious and rare animals. Unified guidance on valuation of wild animals, endangered, precious and rare animals.

Attaching responsibility for wildlife protection to local authorities

In addition to the early completion of laws on wildlife protection, Director of the Wildlife Conservation Center Nguyen Van Thai suggested that it is necessary to closely link the responsibility for losing wildlife to local law enforcement forces. At the same time, it is necessary to enhance the capacity of rangers and police forces in wildlife identification skills, investigation skills, patrolling skills, and monitoring of wildlife hunting and capture activities.

nhandan.vn

Source: https://baolaocai.vn/som-hoan-thien-phap-luat-ve-bao-ve-dong-vat-hoang-da-post399754.html