A review of conservation legislation in Nepal: Past progress and future needs

Nepal is considered a leader among developing nations with regard to conservation legislation and programs; it was among the first Asian nations to develop national conservation legislation, sign CITES, and develop a national conservation strategy. We review the history of modern conservation law in Nepal from the Rana period (early 1950s) to the present. The early legislation focused mainly on strict preservation of areas and species; this phase culminated in the National Parks and Wildlife Conservation Act of 1973. Subsequent legislation has evolved more in the direction of an integrated, holistic approach to conservation and is beginning to incorporate the participation of local people; subsequent amendments to the 1973 act allowed greater rights to rural villagers, and the designation of conservation areas in addition to the more strictly defined protected areas (national parks, wildlife reserves, etc.). Our review of conservation legislation suggests that Nepal has had many successes to date; the country has a protected area system covering over 10% of its land area, and many target species are recovering in parks and reserves. There are also some causes of concern, including staff shortages, financial constraints within the Department of National Parks and Wildlife Conservation, and the fact that there is little legal infrastructure outside of protected areas to enforce conservation laws; further, some aspects of hunting regulations are in need of revision. Primary needs include a comprehensive review of these policies and a nationalized strategy to ameliorate the shortcomings.     

Marine Protected Areas in Sri Lanka: A Review

Despite the popularity of marine protected areas (MPAs) as a management tool, increasing evidence shows that many fail to achieve conservation objectives. Although several MPAs exist in Sri Lanka, most are not managed, and resource extraction and habitat degradation continue unabated. At present, the declaration and management of MPAs is carried out without adequate consideration of the ecology, socioeconomic realities, or long-term management sustainability. Managers have focused more toward the creation of new legislation and protected areas rather than ensuring the implementation of existing regulations and management of existing protected areas. Poor coordination and a lack of serious political will have also hindered successful resource management. As in other developing countries, MPA managers have to contend with coastal communities that are directly dependant on marine resources for their subsistence. This often makes it unfeasible to exclude resource users, and MPAs have failed to attract necessary government support because many politicians are partial toward the immediate needs of local communities for both economic and political reasons. A more integrated approach, and decisions based on the analysis of all relevant criteria combined with a concerted and genuine effort toward implementing strategies and achieving predetermined targets, is needed for effective management of MPAs and the sustainable use of marine resources in Sri Lanka.     

Transforming the Integrated Conservation and Development Project (ICDP) Approach: Observations from the Ranomafana National Park Project, Madagascar

Preservation of the biological diversity and ecosystems in protected areas can be achieved through projects linking conservation of the protected areas with improved standards of living for resident peoples within surrounding buffer zones. This is the hypothetical claim of the integrated conservation and development project (ICDP) approach to protected area management. This paper, based on several years of experience with the Ranomafana National Park Project in Madagascar, questions the major assumptions of this approach from ethical and practical perspectives. The four basic strategies available to ICDPs – protected areas, buffer zones, compensation, and economic development – are analyzed and shown to be deficient or untested in the case of Ranomafana. Recommendations are made to explore conservation models other than the western conception of the national park, to modify the notion of a buffer zone outside the protected area, to redistribute money or other resources directly to the poor people living in and around the protected areas, and to eliminate the middle men in the development business. An appeal is made to focus on local education, organization and discipline in order to promote self-determination and self-reliance among resident peoples of protected areas. The paper argues that a public works program, similar to the Roosevelt administration's Civilian Conservation Corps of the 1930s, funded through a hard-currency endowment or other innovative financing mechanism, should be tried as a replacement for the currently questionable ICDP approach at Ranomafana.     

Balancing local interests and national conservation obligations in nature protection. The case of local management boards in Norway

In 2010, Norway introduced local management of national parks and other large protected areas. Boards comprised of local politicians are delegated extended powers in the management of the protected areas. This paper examines how this system of local management deals with the conflicting dimensions of local interests versus national obligations, and conservation versus use. The study is based on data from surveys to protected area board members and other actors involved, and on case studies in two protected areas. The main finding is that the boards, accountable to central government but comprised of politicians accountable to the local voters, aim to balance local interests and national obligations, and conservation and use. Popular involvement and anchorage is, however, weak due to lack of mobilization and transparency. Furthermore, formal restrictions hindering the boards from dealing with local economic development could make the boards less attractive for the local political leadership.     

Does Community-Based Conservation Shape Favorable Attitudes Among Locals? An Empirical Study from Nepal

Like many developing countries, Nepal has adopted a community-based conservation (CBC) approach in recent years to manage its protected areas mainly in response to poor park–people relations. Among other things, under this approach the government has created new “people-oriented” conservation areas, formed and devolved legal authority to grassroots-level institutions to manage local resources, fostered infrastructure development, promoted tourism, and provided income-generating trainings to local people. Of interest to policy-makers and resource managers in Nepal and worldwide is whether this approach to conservation leads to improved attitudes on the part of local people. It is also important to know if personal costs and benefits associated with various intervention programs, and socioeconomic and demographic characteristics influence these attitudes. We explore these questions by looking at the experiences in Annapurna and Makalu-Barun Conservation Areas, Nepal, which have largely adopted a CBC approach in policy formulation, planning, and management. The research was conducted during 1996 and 1997; the data collection methods included random household questionnaire surveys, informal interviews, and review of official records and published literature. The results indicated that the majority of local people held favorable attitudes toward these conservation areas. Logistic regression results revealed that participation in training, benefit from tourism, wildlife depredation issue, ethnicity, gender, and education level were the significant predictors of local attitudes in one or the other conservation area. We conclude that the CBC approach has potential to shape favorable local attitudes and that these attitudes will be mediated by some personal attributes.     

Protected Areas for the Future: Models from the Past

This paper discusses the complexity of the protected area mosaic that has evolved in the United Kingdom over the past 40 or so years. Experimental matrices have been used to assist in the analysis of the various types of protected areas. The trend has been towards the development of protected areas to serve multiple objectives, although categories of protected area introduced under European legislation are more narrowly defined. There has been a proliferation in the number of categories of protected area in the past ten years; since 1990 six new categories of protected area have been established, two resulting from European directives. Most of the protected areas operate indirectly through the planning system and/or voluntary agreements. However, a distinction is drawn between systems for nature conservation and landscape protection with the former relying more on direct controls (ownership and/or legal force). There is considerable potential overlap of protected areas. New categories of protected area have often been superimposed upon the existing system without consideration of whether they will result in duplication of effort, expenditure etc. We conclude that there is scope for some rationalization of the system. Ideally this would involve replacing existing protected areas with broader based ones but considerable simplification could be obtained in practice by making the powers of the agencies more flexible and changing the administrative arrangements for managing the various protected areas.     

Pitfalls of CITES Implementation in Nepal: A Policy Gap Analysis

Implementation of policy involves multiple agencies operating at multiple levels in facilitating processes and actions to accomplish desired results. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was developed and implemented to regulate and control international wildlife trade, but violations of the agreement are widespread and growing worldwide, including in Nepal. This study attempts to understand how domestic CITES policies are translated into action and what effect actions and processes have on compliance. In doing so, this study provides insights into the implementation and enforcement pitfalls of national legislation that explain CITES violations in Nepal. Primarily, we used 26 key informants interviews to learn opinions of experts, and the grounded theory approach for further qualitative data analysis. In addition, we used Najman's (1995) policy implementation analysis framework to explain gaps. Many interrelated variables in the content of the policy, commitment and capacity of the agencies, the roles of clients and coalitions and contextual issues were observed. Variables that emerged suggest pitfalls in the regulatory policy represented by low probability of detection, arrest and punishment. Moreover, redistributive policies in buffer zones of protected areas are needed into perpetuity to benefit locals. Also, conservation organizations' support for building public and political salience is imperative.     

Constraints to effective pollution control and management in Nigeria

The issue of environmental protection and the need to establish the practice of environmental friendly programmes in national development consciousness are matters of paramount importance. While environmental consciousness in the developed world has witnessed over the past two decades generally effective mechanisms for pollution abatement, the situation in many third world nations is at best tepid.In Nigeria, the problem of environmental pollution has been of crisis proportions with the problem in some sectors possibly the worst in the world. In response, the government has put in place legislation and established agencies for environmental protection. A number of positive results have been achieved by the nation's main environmental watchdog, the Federal Environmental Protection Agency (FEPA). However, a lot still needs to be done, in terms of improving institutional capacity and adopting economic measures for the management of pollution problems.This paper, therefore, examines the major sources of Nigeria's environmental problems, discusses the weaknesses of existing legal and institutional arrangements and suggests strategies for a more effective pollution control management in Nigeria.     

Wildlife conservation through people-centred approaches to natural resource management programmes and the control of wildlife exploitation

While the Convention on Biological Diversity (1992) introduced a new and progressive outlook on conservation, the South African government has failed to produce a comprehensive legal body of legislation to give effect to its varied obligations. Inconsistency and incompleteness of regulations governing wildlife conservation in conjunction with the failure to implement objectives to conserve wildlife through restricted exploitation with the political, social and economic motives of community conservation must be seen as major contributions to failed conservation goals. This paper analyses post-apartheid conservation laws and policies and argues that current plans for people-centred approaches to natural resource management programmes have been unsuccessful in operationalizing policy goals of biodiversity conservation and sustainable development into transparent plans for implementation. In fact, legal instruments and implementation plans seem to focus on the benefit-sharing components of community participation and therefore fail to address important issues of resource exploitation. It is suggested that where communities are expected to take part in the management of wildlife resources, the responsibility for sustainable wildlife management must be linked to the benefit-sharing instruments of the programmes. However, these would not deal with 'outsiders' like poachers and poaching driven by commercial interests. The paper proposes a model that allows communities to take control over wildlife resources.     

Administrative Co-management: The Case of Special-Use Forest Conservation in Vietnam

Special-use forests (SUFs) are nature protected areas in Vietnam used to conserve nature and its biodiversity. While the Vietnamese government has managed to increase the size and number of SUFs, biodiversity within these areas continues to decline. To improve protection of these SUFs, co-management has been advocated in Vietnam. Successfully implementing co-management requires decentralization of authority and a certain extent of public involvement in management activities. This paper assesses how and to what extent the governance of Vietnam’s SUFs have taken up the challenge of shifting from conventional government-based management to co-management. Current practices of (co-) management were investigated in 105 of the 143 SUFs. The results show that the type of co-management varies little between different categories of SUFs. Nevertheless, a national ‘style’ of Vietnamese co-management could be identified, labelled ‘administrative’ co-management; fostering interaction between a variety of actors, but final decision-making power on management remaining strongly in the hands of the provincial government.     

Developing a National Tiger Action Plan for the Union of Myanmar

A century ago, tigers were considered pests in Myanmar. Hunters claimed thousands, yet populations persisted. In the past century, because of habitat loss and prey depletion, coupled with the recent demand for traditional medicines, tiger populations have been reduced to a few hundred individuals. As a first step toward long-term planning for tigers, and to guide efforts to increase protected area coverage, the Myanmar government in 1998 initiated a project to develop a revised National Tiger Action Plan. Extensive surveys confirmed tigers in only 4 of 17 survey locations. Significant populations are thought to persist in the far North and far South of the country, where large, intact forests offer the potential for tiger recovery. With partnerships and collaborations, tiger populations can be protected in the short term (<5 years) by expanding protected areas and corridors, mobilizing enforcement staff to reduce poaching of tigers and prey, and amending existing wildlife legislation in accordance with international laws. Over the long term (5–20 years), recovery of Myanmar’s tiger populations will depend on increasing support from local people, zoning tiger areas to reduce habitat loss and disturbance, and maintaining connectivity of existing national and transboundary forests. This article reviews the development of a new National Tiger Action Plan for the Union of Myanmar and discusses a blueprint for conservation measures aimed at saving tigers from extinction.     

Local Residents Perception of Benefits and Losses From Protected Areas in India and Nepal

High densities of people living around protected areas (PAs) in South Asia require management strategies to balance conservation goals and livelihood needs. Based on a survey of 777 households around five PAs in India and Nepal, this paper provides a comparative perspective of Indian and Nepali households’ views of protected area benefits and costs, their attitude toward conservation in general, and attitude toward protected area staff. Results indicate mixed responses towards tourism, varying from very favorable in Nepal to less favorable in India. The majority (81%) held positive attitudes towards the existence and importance of PAs but had negative perceptions of PA staff (69%). Most residents perceived benefits from access to fuel wood, fodder and other PA resources including benefits from tourism, while crop and livestock losses from wildlife were the main costs. Households overall positive attitudes towards the PAs and conservation despite high losses from living around PAs suggests that local residents may support conservation if their livelihood needs are met. Comparisons of household attitudes and perceptions suggest that locally based strategies rather than top-down approaches are likely to be more effective. Extending PA benefits to smaller landholders, households that are highly resource-dependent or experiencing higher income losses from human-wildlife conflicts, and less educated residents are particularly important to balance costs and losses from living around protected areas.     

Linking management and livelihood in environmental conservation: case of the Korup National Park Cameroon

Biodiversity conservation has emerged within the past two decades as one of the most important global challenges confronting national planners, world bodies, professionals and academics. Governments faced with increasing biodiversity loss as a result of human activities have resorted to the creation of protected areas as a strategy to both slow down habitat loss and/or degradation and eventually mitigate species extension and reduction rates. However, the creation of a protected area can have strong implications on the livelihoods of people inhabiting the forest and depending on it, especially those caught within its borders. The involvement of such inhabitants in the management process of the protected area can be profitable. This paper discusses the case of the Korup National Park, Cameroon, considered in the late 1980s by some to be a flagship of conservation and development efforts, and later on in the late 1990s by others as a catastrophic failure as an example of integrated conservation and development. As a means of updating the program's management information base, an in-depth participatory and socio-ecological survey was conducted by some of the program's technical staff. This study aimed at appraising the extent to which the Park's human community of 4200 inhabitants continued to relate to its resources and depend on them for their livelihood. The aim was to evaluate the potential links between the communities' livelihood and the long-term management and survival of the Park as the important biodiversity conservation zone it had been found to be. Results indicate that the successful management of a Park like Korup may well depend on the involvement of the local communities; and that successful management through approaches that minimize the potential contributions and aspirations of the local people is difficult to achieve.     

Expansion of Nature Conservation Areas: Problems with Natura 2000 Implementation in Poland?

In spite of widespread support from most member countries’ societies for European Union policy, including support for the sustainable development idea, in many EU countries the levels of acceptance of new environmental protection programmes have been and, in particular in new member states, still are considerably low. The experience of the countries which were the first to implement union directives show that they cannot be effectively applied without widespread public participation. The goal of this study was, using the example of Poland, to assess public acceptance of the expansion of nature conservation in the context of sustainable development principles and to discover whether existing nature governance should be modified when establishing new protected areas. The increase in protected areas in Poland has become a hotbed of numerous conflicts. In spite of the generally favourable attitudes to nature which Polish people generally have, Natura 2000 is perceived as an unnecessary additional conservation tool. Both local authorities and communities residing in the Natura areas think that the programme is a hindrance, rather than a help in the economic development of municipalities or regions, as was initially supposed. This lack of acceptance results from many factors, mainly social, historic and economic. The implications of these findings for current approach to the nature governance in Poland are discussed.     

Environmental accounting as a management tool in the Mediterranean context: the Spanish economy during the last 20 years

Although human presence is one of the main characteristics of the Mediterranean identity since ancient times, a false dialectic between conservation and social-economic development has emerged in recent decades. On the one hand, an economic growth policy is taken as the paradigm of social-economic development; on the other hand, there is a multi-scale conservation policy, in which natural protected areas, as patches of preserved nature, are used as one of the main tools to deal with the challenge of sustainability. The Mediterranean Basin is the habitat of many unique species and one of the 25 main biodiversity hotspots in the world, and as a consequence a strong conservation policy has been used to protect environmental values. At the same time, Mediterranean countries are deeply involved in promoting strong economic growth policies, which are not always compatible with environmental ones. In this paper, Spain has been studied as one model of this situation. Due to political reasons, Spanish economic growth and conservationist policies were pursued together during the last 20 years. As a result, Spain owns one of the largest networks of natural protected areas in Western Europe, and at the same time it has experienced one of the strongest periods of economic growths in the European and Mediterranean context during the 1980s and 1990s. An historical series of resource use in five annual periods in the last 20 years of conservation policy, and the effects on the preservation of natural capital have been investigated by means of the eMergy (spelled with an 'm') synthesis approach, which was used to characterize the flow of environmental services supplied by ecosystems, but not in monetary terms. This study shows that Spain is becoming less self-sufficient and more inefficient in resource use, comprehensively measured in eMergy terms. A large part of Spain's economy depends on imported goods and services, and most economic activities are based on tourist services and associated construction, which promotes intensification in the urban use of the territory and more intense environmental impacts and resource use intensification of those countries supplying the raw materials. The consequence is a decoupling of the Spanish economy from local environmental services and the increase of Ecological footprint of Spain, measured by means of eMergy-based indicators. In spite of the increase in number, area and associated budget of the natural protected areas and other conservation measures, the general sustainability of the nation is decreasing.     

Chronology of Awareness About US National Park External Threats

The objective of this paper is to raise understanding of the history of protected area external threat awareness in the United States and at World Protected Area Congresses. The earliest concerns about external threats to US national parks began in the late nineteenth century: a potential railroad transgression of Yellowstone National Park in the 1880s. During the early and mid 1930s, George Wright and colleagues focused on outside boundary concerns like of hunting and trapping of furbearers, grazing, logging, disease and hybridization between species. In the 1960s, a worldwide recognition began about the role of outside habitat fragmentation/isolation on nature reserves and human generated stressors crossing their boundaries. The State of the Park Report 1980 added a plethora of threats: oil/gas and geothermal exploration and development, hydropower and reclamation projects, urban encroachment, roads, resorts, and recreational facilities. The early 1980s ushered in political interference with NPS threats abatement efforts as well as Congressional legislative initiatives to support the abatement challenges of the agency. By 1987, the Government Accounting Office issued its first report on National Park Service (NPS) progress in dealing with external threats. Climate change impacts on parks, especially in terms of animals adjusting their temperature and moisture requirements by latitude and altitude, surfaced in the technical literature by the mid-1980s. By 1992, the world parks community stressed the need to integrate protected areas into the surrounding landscape and human community. The importance of the matrix has gradually gained appreciation in the scientific community. This chronology represents one example of national park and protected areas’ institutional history contributing to the breath of modern conservation science.     

Impact of forest policies on timber production in India: a review

Until the 20th century, forest policies across the globe focused primarily on effective forest utilization for timber production. Subsequent loss of forest land prompted many countries to review and amend such policies, in an attempt to incorporate the principles of conservation and sustainable forest management. One of the countries to implement such changes was India, which introduced new policies, acts and programmes to regulate forest conversion and degradation, beginning in the 1980s. These policies, acts, and programmes included the Forest Conservation Act of 1980, the National Forest Policy of 1988 and the Hon. Supreme Court Order of 1996. All of these regulations affected the timber supply from government forest areas, and created a huge gap in timber supply and demand. Currently, this deficit is met through imports and trees outside forests (TOFs). Timber production from government forest areas is abysmally low (3.35% of total demand) compared to potential timber production from TOFs, which fulfil 45% of the total timber demand in India. This implies that TOFs have immense potential in meeting the growing timber demand; however, they have not been fully utilized due to discrepancies in state level TOFs’ policies. The present paper provides a review of different forest policies, acts and guidelines in relation to timber production in India, and provides specific recommendations in order to maximize timber production in the context of increasing demand for timber products.     

Transfrontier conservation areas: Integrating biodiversity and poverty alleviation in Southern Africa

Sub‐Saharan Africa continues to face the daunting challenge of alleviating poverty due to slow economic growth. In southern Africa, most countries are adopting policies that promote the integration of biodiversity conservation and rural development to contribute to rural poverty alleviation. Numerous approaches have been undertaken in this endeavour, including Transfrontier Parks (TFPs) and Transfrontier Conservation Areas (TFCAs). This paper discusses some of the limitations of the TFPs. In conclusion I posit that unlike TFPs, which are state controlled and managed, TFCAs, which promote multi‐land use and multi‐stakeholder participation are attainable and have a higher probability of sustaining biodiversity conservation and contributing to the alleviation of rural poverty, if: (i) areas of high biodiversity conservation within communal areas can be identified, zoned and leveraged to biodiversity conservation and managed in partnership between the communities and the private sector; (ii) local communities can secure legal rights to their customary land being devoted to biodiversity conservation and use such pieces of land as collateral in negotiating partnerships with the private sector in developing conservation‐based enterprises; (iii) functional community natural resource governance institutions can be established and empowered to represent their constituencies in securing fair equity from profits made from sustainable use of the conserved biodiversity assets and tourism businesses; (iv) concerted effort can be invested in developing and implementing family planning and fertility reduction strategies that would slow down human population growth to levels that can be sustained by the available natural resources; and (v) if sustainable financing mechanisms can be developed, and the governance of protected areas occurring in the TFCAs can be broadened to include other stakeholders.     

Toward an improved legislative framework for China's land degradation control

The Chinese government has recently been attaching increasing importance to the application of effective legal tools to tackle land degradation (LD) issues. Based on the concept of sustainable development, China began developing and reaping the benefits of environmental and natural resources legislation including LD control regulations in the 1990s. In the past three years, some central‐western provinces in China have been implementing a “ People's Republic of China/Global Environment Facility (PRC/GEF ) Partnership on LD Control of Dryland Ecosystems”, which is based on an integrated ecosystem management (IEM) approach. IEM is designed to achieve a balanced, scientific and participatory approach to natural resources management, which creates the potential to improve the quality of Chinese environmental law and policy procedures. The paper studies the existing Chinese national laws and regulations pertinent to LD control within 9 areas covering land, desertification, soil erosion, grassland, forest, water, agriculture, wild animals and plants, and environment protection in detail, against IEM principles and basic legal elements. The main objective is to identify problems and provide feasible solutions and recommendations for the improvement of the existing laws and regulations. The authors conclude that the development of an improved national legislative framework is essential if LD control is to be successfully achieved. The paper is partly based on Component 1 — Improving Policies, Laws and Regulations for Land Degradation Control under PRC/GEF Partnership on Land Degradation in Dryland Ecosystems (TA 4357).