Wednesday 8 May 2002

Launched by Crimewatch presenter Nick Ross as part of WWF and TRAFFIC's Wildlife Trade Campaign, Crime and punishment in the wildlife trade examines the laws governing wildlife trade in the UK and reveals that, under the current system, the risk of detection is low and the threat of serious punishment is remote, while the potential profits are huge and the damage is incalculable.

The UK's current wildlife trade laws are failing enforcement agencies, and a lack of awareness of the impact of these crimes among judges is resulting in low penalties for the criminals. As a result of these weaknesses, the UK has become a global centre for wildlife traffickers.

"We like to think of ourselves as a nation of animal lovers," said Nick Ross, "but this report exposes a lot of humbug. I really had assumed that we were quite tough on traffickers of endangered species, but on the contrary, the UK has become a world centre for crimes that are wiping out the world's natural history. I was shocked at how callous some of these criminals are, and astonished at how much profit they can make. Two Lear's macaws are worth more than an 'S class' Mercedes and, ounce for ounce, shahtoosh - fine wool from an endangered Tibetan antelope - is worth more than gold."

Little deterrent
The report includes a "rogue's gallery" of wildlife criminals from across the UK, Europe and the US. The UK comes out a poor second to the US, where fines are higher and significant custodial sentences are often given to wildlife trade offenders. It clearly shows that our laws act as little deterrent to the increasingly organised criminals who continue to flout them.

The report highlights the weaknesses of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (COTES), which govern the trade of globally rare species such as tigers, rhinos and elephants within the UK. Offences are not arrestable under this law, making it very difficult to investigate crimes effectively. In contrast, a criminal caught trading rare species native to the UK could be arrested under the Wildlife and Countryside Act 1981 (WCA).

Francis Sullivan, WWF's director of conservation, said: "It's bizarre that a person can be arrested for selling a common frog, which is a protected UK species, but can't be arrested for selling a tiger or rhino - two of the world's rarest species. The law needs to be changed, allowing stiffer penalties and making offences arrestable to help police stop this scandalous trade."

Disparity in penalties
A further disparity between wildlife trade laws concerns maximum penalties. COTES has a maximum penalty of two years' imprisonment, whereas the Customs and Excise Management Act 1979 (CEMA), which governs the smuggling of wildlife across UK borders, carries a maximum penalty of seven years.

The report highlights a lack of awareness among the judiciary - magistrates and judges - of the serious nature of these offences. When sentencing offenders they consider old cases and fines, but this system of precedent-based guidance is insufficient.

According to the report, two steps are necessary. Firstly, sentencing guidelines for wildlife trade offences should be drawn up. Secondly, judges and magistrates should be encouraged to use the full range of their powers. Poaching for wildlife trafficking is the single largest threat to the survival of some species, such as Caspian sturgeon for its caviar. The loss of these species can have an immeasurable impact economically, socially and culturally.

A TRAFFIC investigator stated "The penalties imposed just do not act as a deterrent. For example, how can a trader in the world's rarest wildlife be merely fined half of one per cent of the value of the illicit haul they were caught dealing in? The recent UK case, involving shahtoosh shawls, shows that being caught is simply a slight irritation to profit margins, not an incentive to go straight."

TRAFFIC, the wildlife trade monitoring network, works to ensure that trade in wild plants and animals is not a threat to the conservation of nature. It works in cooperation with the Secretariat of the Convention on International Trade in Endangered Species of Wild fauna and flora (CITES). TRAFFIC is a joint programme of WWF and IUCN - The World Conservation Union.