Rabin Shakya 2012

Env. 621

Unit 2b. Conservation Approaches and Strategies

Traditional Conservation Approach

Conservation of biodiversity is protection and scientific management of biodiversity so as to maintain it at its optimum level and derive sustainable benefits for the present as well as future generations. The traditional conservation approach is based on the economic and utilitarian philosophy. It is purely a traditional knowledge which has been practicing since a long time in the form of oral tradition passed onto next generation and other are written in local language. Some conservation measures are also written in ancient texts and ethics. The ancient text can be in the form of Sankrit, Purnas or Vedas. Few examples of them are presented below. Atharva Veda (800 BC) Mentions Conservation and utilization principles Conservation Earth should be forested Human can sustain only when earth is protected Ecosystem integrity should be maintained Utilization principles Human beings can use resources from earth No damage should be done to earth during harvesting One should plant trees on the bank of water Vishnu Samhita One of the Dharmasastras originated in 1st or 2nd century 100 chapters of Dhamasatric and Puranas and in chapter Prayaschitta considers sins and faults. It considers injuring or destroying plants, plant parts, damaging the crops and stealing of plant parts and vegetables as offence and prescribes punishment It also suggested various punishment for killing, stealing and hitting of sex organ of animals. Nature of offence Cutting of trees Stealing of crops, cotton Killing of cow Punishment prescribed pay fine 3-11 times quantity of stolen Offender will be killed

Different traditional practices for conserving biodiversity are, 1. Vegetation management: i. Religious tradition - Temple forest, monastery forest ii. Traditional tribal tradition - Sacred forest iii. Royal tradition- Royal gardens, hunting reserve iv. Livelihood tradition - Forest and groves v. Cultivation of useful trees 2. Biodiversity in sacred cliffs cliffs support different flora and fauna

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3. Farm biodiversity Strips of vegetation in the farm support different flora and fauna. They are useful for attracting seed dispersing animal and pollinators, acts as wind breaks, acts as seed trap. 4. Traditional food system Intercropping, crop rotation, fallowing etc. used to maintain soil productivity. In Bhutan During food scarcity period farmers cultivate crops, rear livestock and manage communal grazing land and communal forest for leaf litter and forest based food products to meet the household nutritional requirements 5. Cultivation of medicinal plants- Plantation on agricultural field Some religious plants of Nepal Ficus religiopsa - Pipa Ficus benghalensis Bar Prosopis spicigera Sami Ocimum sanctum Tulsi Elaeocarpus sphericus Rudraksha These religious plant are considered as the incarnation of gods, and the Nepalese people worship them and considered as sinners if they cut them. This helps in the protection of these plants.

Community based biodiversity conservation approach

CBC was first advocated in 1982 at World National Parks Congress held in Bali, Indonesia. In 1990s the CBC trying to establish a direct linkage between conservation and local benefits. Such linkage become driving force leading to conservation by establishing a direct incentive for local people to protect biodiversity in long term. Bajracharya et al. recognizes the role of local community reduces the management cost by involving them in the process and also protects biodiversity and other resources. It is the holistic approach to development that includes, maintenance of socio-cultural practices, community development, promotion of indigenous knowledge, development of ownership feeling and responsibility at individual, Community and government level. Wells et al considered CBC as the best way of achieving sustainable development in developing countries. It is superior to the conventional approach to conservation in many ways. It is more ethical than classical approach because it entails a more equitable and democratic treatment of community members. The purpose of introducing was to better understand the role and contribution of local people in: Conserving biodiversity Managing natural resources Meeting social needs (maintaining local culture, increasing opportunities for income generation and improving health and well-being)

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Lowering management cost Sustaining outcomes over time

Major Area addressed by CBC approach 1. Resource management: The local community should be included in every phase of managing resources from planning to decision making. It helps in deciding how the resource are utilized and managed locally and effectively. But, community is lacking a clear idea on how to engage communities in resource management. For ex. Nepal situation is excellent. It is durable but clear guidance about implementation lacks. 2. Economic cost and benefits: The benefit is concrete i.e. income from ecotourism and sustainable resource used or they may be in the form of non-economic cultural and social enhancements. 3. Social and community impacts: It includes improved social status of women, improved health, and social capital and infrastructure livelihood opportunities. 4. Biodiversity Conservation: Community is effective at enforcing locally determined regularities, Nepal- Barbed wire fences were not needed around plantation if everyone of community not to let their goats eat the trees. 5. Sustainability analysis: Community partnership in conservation requires (i) A true local partnership vs. outside ground and (ii) local management approach that adapt to changing ecological, economic and social dynamics. Community Forestry in Nepal It is initiated on 1978 which is a partnership between local communities and government for protection, management and sustainable utilization of forest products and ecosystem services to meet the daily need of local community. It is a Master plan for forestry sector fully recognized the need of people participation and forest act 1993 provided detailed guidelines and policy framework for community forestry. Main components of program are; Formation of community forest user groups Preparation of operational plan Approval of operational plan by DFO Handover of the forest to the community In this legal framework CFUGs have been managing, protecting and utilizing forest. 35% of population involved in community forestry where 25% of total area of forest is managed by community forestry

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management program. At the end of 2008, 11.23 million ha of national forest have been handed to 14,431 CFUGs involving 1.66 million households. Community forestry program are still conserving the higher plants and animals. The lower plants are still neglecting. Some of major conservational issues that need to be addressed by community forest are, a. Neglected lower plants: CFUGs neglected shrubs, pteridophytes and ground vegetation and removed as weeds They are not aware of the importance of pteridophytes in controlling soil erosion Excessive removal of such plant has detrimental effect on soil conservation b. Habitat alteration Removal of litter and logged trees threat the life of polypore sps(dead wood fungi) Also affect microhabitats for invertebrates, mosses, fungi and lichens Value of microhabitat is unfamiliar with CFUGs c. Leaf litter collection Litter is used for animal bedding, compost making, and spread on the field to increase the nutrient content of soil, prepare organic manure Has detrimental effect on nutrient cycling and detritus food chain which ultimately weakens the ecosystem function d. Lack of knowledge People do not understand and perceive the term biodiversity Traditional knowledge on utilization of forest resources has been depleting day by day e.g. People adopted modern medicine instead of traditional knowledge e. Socio-economic Heterogeneity Cultural, ethnic and religious diversity is reflected in CFUGs Economic class, gender, ethnicity, religion and political affiliation are different among the members of a community. It reflects the needs and interest of people e.g. Blacksmith- hardwood sps. Women- fodder trees Local healers- medicinal plants Elites- greenery It helps in maintaining the heterogeneity and species diversity Women and disadvantage group are neglected

Species and Population based conservation approach

Most efforts aimed at conserving biodiversity have focused on protecting individual populations or species, although the means pursued usually involve conservation of habitat. The reasons for the species-population oriented conservation approach are as follow. a. Legal provisions: Legal mandates for preventing extinction often are explicitly centered on individual species and populations. On global scale, IUCNs Red List of Threatened species and The Convention on International Trade in Endangered Species (CITES), for instance, listed

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threatened species in a number of appendices, primarily focusing on the species or population protection. Further the nations like Australia, India, Canada, South Africa, and Brazil, mandate protections that are modeled in part after the U.S. Endangered Species Act- including creating and a maintaining a list of endangered and threatened species, identifying and protecting critical habitat that sustains those species and developing individual recovery programs for the protection of those species. b. Conservation education: Efforts to engage the public on conservation issues are often tied to the publics interest in certain high profile species, especially large mammals and birds, such as the Giant Panda or the gray wolf. For instance, education conservation campaigns to promote the conservation programs in Nepal are oriented in endangered species of mammals like onehorned rhinoceros, Bengal tiger, in Chitwan National Park. c. Theoretical base: Theories regarding the conservation are largely based on species and population. Measurements of species diversity and richness emphasize counts of species, making individual species the focus of attention. This approach is still a dominant driver of conservation globally, particularly applied to conserve the greatest fraction of the worlds biodiversity by protecting hotspots of species diversity. Before applying the conservation approach to species and population, their dynamics at a variety of temporal and spatial scales, and their complexity is an essential prerequisite for developing practical theory of population ecology that aids in conserving biodiversity. Populations and How They Change It requires understanding the link between demographic processes like Birth, Death, Immigration and Emigration (BIDE factors) and the environment in which population exist. Views of ecologist regarding population are, a. Constancy of population- Postulates equilibrium population size by density dependent factorsprevents population from getting either too small or too large. b. Extreme variation of species- World consists of many local sub-populations each having high probability of extinction by unpredictable natural factors. Organisms vary with regard to Susceptibility to the vicissitudes of nature Duration of life span in relation to the frequency of natural disturbances To extend in which they live in one location or experience wide environmental conditions of different locations.

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Conservation biologists can track changes in populations by using principles and techniques of population demography by, Demography focuses on factors that contribute to population growth and decline including natalities and mortalities. Rate of dispersion among subpopulation (Immigration into and emigration out of habitat patches) are also component of demography. Sex ratio, age structure, stage structure, time of first reproduction also influences the population dynamics thus considered as secondary factors also referred to as life history characteristics.

The four BIDE factors where the changes in population size can be attributed to one of these. Mechanism of Population Regulation Mechanism of population regulation helps to understand the biologists to manipulate the size and maintain viable population. A population is said to be regulated if it has the tendency to increase when rare and to decline when common. Population regulation can be explained in terms of density and social behavior. Howard and Fiske (1911) - differentiate between a. Catastrophic mortality factors Kills constant proportion of population independent of its density b. Facultative mortality factors- Kills increasing proportion of population as density increases. The same idea is embodied in Density independent factors influence birth and death rate in a manner independent of population density. Density dependent factors changes with population size. Density has no influence on given parameter a. Density dependence mortality (parameter) increases at High density size

b. Individual growth and clutch (Parameters) decrease at high density

The Shape of curve varies among species.

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Most prominent factor for population regulation in density dependent change is mortality and natality, 1. Increase mortality or decrease natality due to shortage of resources 2. Increase mortality due to increase predation, parasitism or disease 3. Increase mortality or decrease natality due to increased intensity of intraspecific social interaction Social behavior Play important role in population regulation In some animal Interacts with resource shortage, disease, predation to determine size Regulates access to resources e.g. food, cover, breeding sites thereby affects survival and reproduction Example: House Wrens interfere with breeding of many species by puncturing the egg in nests built within its territory Density and social behavior has opposite effect i.e. birth rate may increase or death rate may decrease at intermediate to high densities. In some organism high population densities is required for breeding activities or otherwise allow reproduction. This phenomenon called the Allee effect, may affect breeding if population drops below required density. Small Populations and their problems Species reduced to a single or few small populations has special challenge to conservation. Causes of extinction of small population are; 1. Genetic losses 2. Demographic variation 3. Environmental uncertainty and 4. Natural catastrophes 1. Genetic losses: Mate choice in small population is limited and individuals forced to breed with close relatives - reduces the survivorship or reproductive capacity that results diminished genetic diversity. 2. Demographic uncertainty: Demographic characteristics such as sex ratio, reproductive success and mortality rate changes over short period in small population lead to rapid extinction. 3. Environmental Uncertainty: Causes extinction by causing a sudden increase in reproductive failure or individual mortality. 4. Natural Catastrophes: Environmental events that are more irregular in timing and larger in spatial scale than events that fall under the previous category of environmental uncertainty. Sources and Sink Concept of Conservation Population dynamics depends on relative quality of good and poor habitat known as source sink dynamics. Source-sink dynamics have implication for conservation biology. Source- good habitat (reproductive success is greater than local mortality)

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Sink- poor habitat (local productivity is less than local mortality) Source and sink also used to describe the population found in the habitat as source population and sink population. Excess individuals of source population can disperse to sink habitat and maintain population. This has serious implications on conservation of species and population. For example: Florida Key deer, a small subspecies found only in island chain of Florida peninsula, has threat of habitat loss and fragmentation due to residential and commercial development. About 15 % of fawns born in northern part of island emigrated to southern part while only 5% immigrated to northern part to supports the idea immigration from source help to maintain sink population.

Metapopulation and Conservation Levins (1969) introduced the concept of the Metapopulation to describe a collection of subpopulations, each occupying a suitable patch of habitat in a landscape of otherwise unsuitable habitat. Subpopulation are linked together by emigration and immigration of individuals between patches, allowing for local extinction and re-colonization. The subpopulation in each path can fluctuate in size and when a subpopulation is very small, local extinction can be prevented by occasional immigrants that arrive from neighboring patches. This has been termed the rescue effect, which may be important in maintaining high levels of species diversity, because competitors will not be excluded form patches by poorer competitors are maintained through immigration. Metapopulation models useful to describe the structure of population that are found scattered in isolated patches, threatened or of management interest. Main goal of metapopulation analysis is to identify particular subpopulation, habitat patch or link between patches that are critical to maintenance of overall population. For example: in Nepal the One-horned Rhinoceros metapopulations are relocated artificially in Bardiya National Park. Critical Evaluation of Species Conservation Species approach is too narrow to be used alone as a conservation tool and that additional approaches should be implemented to balance the inherent limitations of species approach. 1. Niche Concept and Species Conservation No two species occupy the same niche, every species unique in its needs Single species is not enough to welfare of others U.S. Forest Service Regulation specify- indicator species should be used to facilitate efforts to monitor and maintain viable population of all species but not specify how many species are needed to monitor the health of wildlife population or to assesses the effect of habitat alteration

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Narrower the niche of an indicator species, the another species is less likely to occur within the geographic and ecological limits of that indicator species. If other approaches are excluded, the species approach often falls sort of legislative mandates to protect all biodiversity 2. Competition for public attention Competition between two species represents the management indicators however biologists took indicator species based on the objectives e.g. food, sports, threatened or endangered 3. Minimum viable population (MVP) MVP is the number of subpopulations required to support metapopulation persistence Problem to determine viable population (high abundance) 4. Incomplete data Species has different needs at different points in space and time e.g. requirements in summer differ from those in winter It is difficult to monitor and conduct habitat analysis for a single species in numerous location, in all seasons and different years Thus incomplete data is not best way to make decisions 5. Public support People support may be strong for the protection of endangered species, public shows little support that tend not to be featured People support is declining in ever-increasing number of threatened and endangered species 6. Disproportionate focus on rare and endangered species Species approach draw attention on the verge of extinction It hinders overall effort to conserve biological biodiversity due to o Focus on population of rarest species o Rare and endangered species exert disproportionate influence on the development of strategies o Activities like captive breeding, zoos etc. for the protection of rare species is expensive 7. Integrity of ecological patterns and processes Species approach do not recognize anything valuable than or above the level of species The whole is important than the sum of its parts but species approach is based on the unlikely assumption that the entire ecosystem will be preserved if the indicator species are preserved Focused on gene banks and captive breeding but the integrity of patterns and process above species level cannot be assured

Ecosystem approach of conservation

Ecosystem approach to conservation: An approach to maintaining or restoring the composition, structure, and function of natural and modified ecosystems for the goal of long-term ecological and human sustainability. It is based on a collaboratively develop vision of desired future conditions that integrates ecological, socioeconomic and institutional perspectives, applied within a geographic framework defined primarily by natural ecological boundaries.

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Ecosystem approaches to conservation may be applied across many kinds of ecological systems ranging form natural systems such as wilderness areas, to managed systems such as national forests, rangelands highly modified areas such as agricultural and suburban and urban landscapes.

Figure: A conceptual basis for ecosystem management A good way to envision an ecosystem approach to conservation is to conceive of it as three intersecting circles of focus, interest or concern ecological, socioeconomic and institutional all of which influence how we use and interact with natural systems. A successful ecosystem approach occurs at the intersection of all three circles, where concerns for each circle have been satisfied; dwelling in any single circle, or even at the intersection of two of the three circles indicates too narrow perspective. For example, concern only for preservation of ecosystems is unrealistic because it ignores societys interests in those systems or institutional momentum that could have a strong bearing on how those systems are used.
Key Elements of Ecosystem Approach 1. Since the ecosystem approach concerned for health and vitality of ecosystem the time frame should be beyond the next year include decade and century- temporal dimension Includes larger landscape , seascape etc. that include sufficient heterogeneity to provide resources for species during resource scarcity, Besides food it includes habitat cover that facilitate movement throughout landscape, provide necessary resources for breeding- Spatial dimension

2.

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3.

Includes broader diversity of interests, talents and perspective in natural resource decision making and conservation, top down approach, single institution, command and control decision are not tenable in ecosystem approach- Human dimension

Figure: Ecosystem management as an expansion of traditional natural resource management in three dimensions Principles of Ecosystem Management Operating principles of ecosystem management are; 1. Maintain ecological integrity of management and affected area 2. Gather and use best available scientific information 3. Involve public in planning process 4. Determine desired future conditions 5. Minimize negative impacts to land 6. Base planning with short term and long term targets 7. Adopt holistic approach 8. Practice adaptive management 9. Continually update and disseminate information useful for stakeholders Using Ecosystem approach to meet the goals of CBD In October 2000 Conventions of the parties t the Convention on Biological Diversity (CBD), ecosystem approaches were endorsed as the primary conceptual framework to use for achieving the goals of CBD. Accordingly, the parties drew up guidelines for increasing the use of ecosystem approaches, and subsequently the IUCN dedicated a Commission on Ecosystem Management (CEM). CEM defines an ecosystem approach as a strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use in a equitable way. The CEM set forth 12 overarching principles and five points of operational guidance. Overarching principles

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1. 2. 3. 4. 5.

The management of land, water and living resources are matter of societal choice Management should be decentralized to the lowest appropriate level Ecosystem managers should consider the effects of their activities on adjacent and other ecosystems Need to understand and manage the ecosystem in an economic context Conservation of ecosystem structure and function to maintain ecosystem services should be a priority choice 6. Ecosystem must be managed within the limits of their functioning 7. Undertaken at the appropriate spatial and temporal scales 8. Recognizing the varying temporal scales and lag effects 9. Management must recognize change is inevitable 10. Seek appropriate balance between integration and conservation and use of biodiversity 11. Consider all forms of relevant information 12. Involve all relevant sectors of society and scientific disciplines Operational Guidance Focus on functional relationship and processes within ecosystem Enhance benefit sharing Use adaptive management practices Carryout management actions and Ensure intersectoral cooperation

Landscape conservation approach

Extensive land degradation and associated environmental problems have occurred in many parts of the world. The cumulative and interacting effects of habitat loss, grazing pressure, firewood collection and other altered environmental conditions led to many problems associated with land degradation. These environmental problems mean that efforts are required to conserve the vegetation and to restore the biodiversity values of landscapes. Developing sound and practical strategies to restore landscapes is not a straightforward. Many issues and processes must be individually and collectively understood for effective action. One of them is the understanding the biological requirement of focal species in time and space is useful for identifying human activities that has greater impact on biological conservation. Lambeck (1997,1999) proposed the focal-species approach in an effort to provide more scientific basis for landscape restoration. He defined focal species as taxa targeted for management through vegetation-restoration efforts because they are the ones most influenced by threatening process. For example, focal species might be the most area-sensitive, dispersal-limited, resource limited and ecological process-limited taxa in a landscape (Lambeck 1999). Lambeck (1997) claimed that because the most demanding species are selected, a landscape designed and managed to meet their needs will encompass the needs of all other species. The other is the Landscape ecology and GIS techniques used to map the healthy, functioning and viable wildlife population and human activities and interests. Intersection of both allows the identification of areas of conflict where conservation efforts are needed. Landscape species selected on the basis of,

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Area requirement Habitat heterogeneity requirements Ecological functionality Sociocultural values and Vulnerability to threat These requirements represent the greatest challenge for conservation because they often have a greatest spatial requirement to maintain minimum viable population. Some of the examples of landscape conservation of biodiversity in HKH region are as follow Kanchenjunga landscape - Bhutan, India, Nepal Mt. Kailash Sacred Landscape Nepal, India, china Everest Landscape Nepal and China Cherapunjee- Chittagong Landscape India and Bangladesh Brahmaputra-Salween Landscape India, china and Myanmar Wakhan Conservation Landscape Afghanistan, China and Pakistan Karakoram Landscape Pakistan and China

National and International efforts on biodiversity conservation CITES (Convention on International Trade on Endangered species of Flora and Fauna)
CITES is an international agreement between governments. CITES was signed on 3 March 1973, representatives of 80 countries in Washington DC and entered into force on 1 July 1975, CITES has been in operation for over 35 years. The Convention establishes an international legal framework together with common procedural mechanisms for the strictest control of international commercial trade in species threatened with extinction, and for an effective regulation of international trade in others This framework and common procedural mechanism are now used to regulate and monitor international trade in listed species For many years CITES has been among the conservation agreements with the largest membership, with now 175 Parties. It provides a framework to be respected by each Party, The purpose of CITES is To ensure that wild fauna and flora in international trade are not exploited unsustainably To ensure that international trade in specimens of wild animals and plants does not threaten their survival.

The text of the Convention outlines the basic provisions for trade and obligations of each Party, including: - Trade procedures and requirements - Trade facilitation - Marking - Reporting - Enforcement measures - Exemptions and special procedures - Confiscations - Trade with non-Parties -Amendment of the Appendices

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CITES Appendix CITES have listed the different flora and fauna and enlisted in their appendix which manages for the conservation and sustainable utilization. Under the convention there are three appendix viz. 1, 2 and 3. The texts in the appendix are listed below. 1. Appendix I: The species that are threatened with extinction adds further in the endangerment, so this control trade of those species. For the conservation of enlisted species this has totally stopped the trade between two countries. The species that are threatened with extinction are included. Exception, the enlisted species can be imported for scientific purposes, scientific exhibition or for the zoo. For the import and export of the enlisted species the two parties must have the permission letter. Before this respective country must have given the permission with the resolution of the scientific forum that the trade of the species will not harm the existence of the respective species and the importing parties must ensure they can take care of the respective species. 655 animal species and 298 plant species are enlisted in appendix I Appendix II: Species not necessarily threatened with extinction, but for which trade must be controlled to avoid the future probability of becoming endangered International trade is permitted but regulated. The permission letter must be taken form the managing administration of the respective country. 4,399 animal species and 28,679 plant species Appendix III Species for which a country is asking Parties to help with its protection are included The by-laws of the country singly cant provide sufficient protection of the species. Thus, for seeking help with other countries the species are included in this list. The permission letter must be taken from respective countries for the import and export of the species. International trade is permitted but regulated (less restrictive than Appendix II) 160 animal species and 10 plant species

2.

3.

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Note: Roughly 5,000 species of animals 29,000 species of plants are protected by CITES CITES in Nepal Nepal is signatories to the convention in 12 June, 1975. Since then Nepal is playing active and positive role for the control of the illegal trade of endangered species and their sustainable utilization. Nepal has not yet developed the separate act regarding CITES. But, a different article present in different laws has helped for the illegal control of the trade of endangered species and their conservation. For the implementation of CITES effectively different law regarding it are as follow. National park and wildlife conservation act, 2029 Forest Act, 2049 Environment Protection Act, 2053 Import-Export (Control) Act, 2013 CITES Resolution, 2058 Government Offices related with CITES Department of national parks and wildlife conservation Department of Forest Natural Science Museum Nepal Army Nepal Police Revenue administration Postal administration National Science Laboratory

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Puratatwic bibhag Other non-government organization, National Trust for Nature Conservation World Wildlife Fund Nepal Program World Conservation Union Banysjantu nigrani samuha

Convention on Biodiversity Conservation

The CBD was opened for signature in Rio in 1992 which came in effective in 29 December 1993 and, with 168 signatories and 193 Parties today, is the largest Multilateral Environmental Agreement. It is the First global, comprehensive agreement to address all aspects of biological diversity: genetic resources, species, and ecosystems which has recognized - for the first time that the conservation of biological diversity is a common concern of humankind' and an integral part of the development process. The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is an international legally binding treaty. The Convention has three main goals: 1. Conservation of biological diversity (or biodiversity); 2. Sustainable use of its components; and 3. Fair and equitable sharing of benefits arising from genetic resources 2010 was the International Year of Biodiversity. The Secretariat of the Convention on Biological Diversity is the focal point for the International Year of Biodiversity. At the 2010 10th Conference of Parties (COP) to the Convention on Biological Diversity in October in Nagoya, Japan, the Nagoya Protocol was adopted. On 22 December 2010, the UN declared the period from 2011 to 2020 as the UN-Decade on Biodiversity. They, hence, followed a recommendation of the CBD signatories during COP10 at Nagoya in October 2010.

Issues
Some of the many issues dealt with under the convention include:

Measures and incentives for the conservation and sustainable use of biological diversity. Regulated access to genetic resources and traditional knowledge, including Prior Informed Consent of the party providing resources. Sharing, in a fair and equitable way, the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Contracting Party providing such resources (governments and/or local communities that provided the traditional knowledge or biodiversity resources utilized). Access to and transfer of technology, including biotechnology, to the governments and/or local communities that provided traditional knowledge and/or biodiversity resources. Technical and scientific cooperation.

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Impact assessment. Education and public awareness. Provision of financial resources. National reporting on efforts to implement treaty commitments.

Bodies of CBD

Conference of the Parties (COP): The convention's governing body is the Conference of the Parties (COP), consisting of all governments (and regional economic integration organizations) that have ratified the treaty. This ultimate authority reviews progress under the Convention, identifies new priorities, and sets work plans for members. The COP can also make amendments to the Convention, create expert advisory bodies, review progress reports by member nations, and collaborate with other international organizations and agreements. The Conference of the Parties uses expertise and support from several other bodies that are established by the Convention. In addition to committees or mechanisms established on an ad hoc basis, two main organs are: Secretariat: The CBD Secretariat. Based in Montreal, it operates under the United Nations Environment Program. Its main functions are to organize meetings, draft documents, assist member governments in the implementation of the program of work, coordinate with other international organizations, and collect and disseminate information. Subsidiary body for Scientific, Technical and Technological Advice (SBSTTA): The Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA). The SBSTTA is a committee composed of experts from member governments competent in relevant fields. It plays a key role in making recommendations to the COP on scientific and technical issues. CBD
CBD Implementation in Country
Goals and obligations National reports

National Government

National Biodiversity Strategy and Action Plan

Integration with other areas
Conservation initiatives

Figure: CBD Implementation process in Nepal

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"National Biodiversity Strategies and Action Plans (NBSAPs) are the principal instruments for implementing the Convention at the national level (Article 6). The Convention requires countries to prepare a national biodiversity strategy (or equivalent instrument) and to ensure that this strategy is mainstreamed into the planning and activities of all those sectors whose activities can have an impact (positive and negative) on biodiversity. To date [2012-02-01], 173 Parties have developed NBSAPs in line with Article 6. In accordance with this article Nepal has also prepared the Nepal Biodiversity Strategy in 2002 A.D. IPR and Patent Rights Intellectual property rights (IPR) are exclusive rights, often temporary, granted by the state for the exploitation of intellectual creations. Intellectual property rights regimes are national or international systems that protect and enforce IPR through legally binding frameworks for registration and penalties. Once IPR have been established, the property cannot be copied or used without the agreement of the owner. Intellectual property rights fall into two categories: rights relating to industrial property (invention patents, industrial designs and models, trademarks and geographical indications) and those relating to literary and artistic property (copyright). The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) covers the main categories of intellectual property law. IPR and CBD The Convention on Biological Diversity seeks to create a holistic legal regime for the genetic, species and ecosystem levels of biodiversity with the following objectives as in Article 1. the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding. Achieving these objectives has several implications for IPRs and the conservation of genetic resources. Amongst the provisions most relevant to IPRs is the general regime on access to genetic resources and benefit sharing as in Article 15. The only provision of the Convention that relates directly to intellectual property rights is stated in Article 16, whose title is "Access to and transfer of technology". Article 16 (5) states as follows: The Contracting Parties, recognizing that patents and other intellectual property rights may have an influence on the implementation of this Convention, shall co-operate in this regard subject to national legislation and international law in order to ensure that such rights are supportive of and do not run counter to its objectives.

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Another key CBD provision concerns Article 8(j), which relates to traditional knowledge. This provision calls for Parties to: Subject to national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge innovations and practices. The Bonn Guidelines include several references to IPRs. According to Paragraph 16(d), Parties should consider taking measures to encourage the disclosure of the country of origin of the genetic resources and of the origin of traditional knowledge, innovations and practices of indigenous and local communities in applications for intellectual property rights. WTO Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS) The WTO TRIPS Agreement is a global agreement that establishes minimum requirements for IPRs. Article 7 lays out the objectives of the Agreement, which are to: contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.

The intellectual property areas covered by the TRIPs Agreement are: Copyright and related rights Trademarks Industrial designs Patents Layout-designs (topographies) of integrated circuits Undisclosed information, including trade secrets Enforcement

Patents Patents are exclusive rights granted to inventors that prevent others from making, using, selling or importing the patented invention, for a term of at least 20 years. The criteria for granting patents are novelty, inventiveness and industrial applicability.

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Article 27, 3(b) establishes what can be patented and the scope for exceptions for plants and animals: Plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement. For biodiversity prospecting, different kinds of agreements have been emerged such as The Merck- INBio agreement The Biotics-Polybiotika agreement The national Cancer institutes Letter of Intent Roche Agreement

Intellectual Property rights in Nepal IPR laws not adequately developed in Nepal. However, patent, design and trademark are defined by the Act in Nepal. For the right over any product, patent, design or trademark should be registered For patent right, application should be done to the Department of Industry with detailed information including the invention, mode of operation or use of patent, special principle or formula. The department is empowered not to register the patent to someone's name if not invented by the applicant himself or already registered or likely to have adverse effect on health, or against any prevailing law of Nepal

Ramsar Convention
The Convention on Wetlands of International Importance, called the Ramsar Convention, is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. Negotiated through the 1960s by countries and non-governmental organizations that were concerned at the increasing loss and degradation of wetland habitat for migratory water birds, the treaty was adopted in the Iranian city of Ramsar in 1971 and came into force in 1975. It is the only global environmental treaty that deals with a particular ecosystem, and the Conventions member countries cover all geographic regions of the planet. Ramsar definition of wetlands, Wetlands are the sites including lakes and rivers, swamps and marshes, wet grasslands and peat lands, oases, estuaries, deltas and tidal flats, near-shore marine areas,

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mangroves and coral reefs, and human-made sites such as fish ponds, rice paddies, reservoirs, and salt pans. Till date Number of Contracting Parties: 160 Number of sites designated for the Ramsar List: 2,006 Total surface area: 192,822,023 hectares

Mission Conventions mission is the conservation and wise use of all wetlands through local and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world. Commitment The Ramsar Contracting Parties, or Member States, have committed themselves to implementing the three pillars of the Convention: To designate suitable wetlands for the List of Wetlands of International and ensure their effective management; To work towards the wise use of all their wetlands through national land-use planning, appropriate policies and legislation, management actions, and public education; To cooperate internationally concerning trans-boundary wetlands, shared wetland systems, shared species, and development projects that may affect wetlands.

Ramsar Sites in Nepal Nepal has agreement on the Ramsar convention in 18th June 195 and came into force since 16th September, 1975. Nepal showed its conservation commitment by signing the Ramsar Convention on April 17, 1988. Koshi Tappu wetland is the first wetland site included in Ramsar List in December 17, 1987. Till date Nepal has 9 wetland included in Ramsar list. The area of Nepals Ramsar sites is 34,455 hectares (as of August 11, 2009) representing 0.019% of total area of global Ramsar sites. Nepals Ramsar sites represent less than 0.5% of total number of Ramsar sites in the world.

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Table: A brief overview of Ramsar site in Nepal

Nepalese Legislation The National Parks and Wildlife Conservation Act (NPWCA) 1973 and its ten associated regulations are the principal legal instruments that govern the management of protected areas in Nepal. Section 3 of the NPWCA categorically prohibits hunting of animals or birds; construction of any house, hut, or other structure; clearing or cultivation of any part of the land; harvesting of crops; cutting, burning, or damaging any tree, bush, or other forest product; and mining within national parks or protected areas. The Act provides complete protection to 27 species of mammals, nine species of birds, and three species of reptiles. Since its promulgation in 1973, five amendments have been made to this Act. The Fifth Amendment in 2005 accommodated the provision handing over management responsibility over protected areas to organizations established under the Act. Nepal has formulated National Wetlands Policy in 2003 aiming at involving the local people in wetland management and conserving wetlands biodiversity with wise use of wetland resources. Till date, Nepal does not have any specific wetland law, and the responsibility of wetland management solely has not been specified.

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Protected Animals of Nepal Nepal has diverse wild fauna. There are many faunal species that need protection. According to National Park and Wildlife conservation Act, there are 27 species of mammals, 9 species of birds and 3 species of reptiles have been given legal protection. This list of protected species must be updated as given by Smith, 1997 there are still 10 species of fish and 12 species of butterflies that need protection. Table: Faunal diversity of Nepal

Source: Himalayan Biodiversity in Changing World, 2012 Nepal has been a signatory of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) since 1973 and a number of Nepali species are listed under various CITES appendices as follows Mammals - 58 species (29 species in Appendix I; seven species in Appendix II; 22 species in Appendix III) Birds - 40 species (16 species in Appendix I; nine species in Appendix II; 15 species in Appendix III) Reptiles - 13 species (seven species in Appendix I; four species in Appendix II; two species in Appendix III) Amphibians - one species (Appendix II) Insects - two species (Appendix II)

According to protected list by IUCN altogether, 27 mammal species are listed as threatened: eight as Endangered, ten as Vulnerable, four as Indeterminate, and five as Insufficiently Known. Additionally, 22 bird species, nine reptile species (one Endangered, two Vulnerable, one Rare, four Indeterminate and one Insufficiently Known), and two insect species are listed under IUCNs Red List (1995) (Table 2.28). Nine species of birds are regarded as threatened in Nepal.

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IUCN management categories

According to IUCN, there are six management categories of protected areas. They are listed as follow.

Protected Areas of Nepal

Nepal has established a network of- 20 protected areas of different categories (10 National parks, 6 conservation areas, 3 wildlife reserves and 1 hunting reserves, 11 buffer zone areas) which provides conservation to at least 80 of the countrys 118 ecosystems. Protected areas of Nepal can be classified into the following types: National Park, Strict nature reserve, Wildlife reserves,

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Hunting reserves, Conservation area and Buffer zones National Parks: An area set aside for the conservation and management of the natural environment including ecological, floral, faunal, and geo-morphological including scientific and aesthetic importance. Reserve: A general term including strict nature reserve, hunting reserve and wildlife reserves. Strict Nature Reserve, An area of unusual ecological or other significance, set aside for scientific study. Wildlife reserve-conservation and management of wildlife resources and their habitat. Hunting Reserve: An area set aside for conservation and management of wildlife to provide sports hunting for legal hunters. Conservation Area: An area set aside for the conservation of the natural environment and the natural resources, for its utilization in a balanced way on the basis of an integrated management plan. Buffer Zone: An area designated surrounding national parks and reserves in order to provide for the use of forest products to local people.

a.

b.

c. d. e.

f.