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Journal of the WILDCAT CONSERVATION LEGAL AID SOCIETY HUNTING, TRAFFICKING & TRADE OF WILDCATS MAINSTREAMING WILDLIFE CONSERVATION INTO DEVELOPMENT Alberto Ninio & Yuan Tao

COMMENTARY: PARADIGM SHIFT FOR QUICKER WILDLIFE TRIALS IN INDIA Saurabh Sharma & Sheren Shrestha

A DEADLY GAME OF CAT AND MOUSE: TIGER CRIMINALS GIVE CHINA THE RUN-AROUND EIA Investigation

ATTITUDES TOWARD CONSUMPTION & CONSERVATION OF TIGERS IN CHINA Brian Gratwicke & Judy Mills et al.

SPORT HUNTING, PREDATOR CONTROL & CONSERVATION OF LARGE CARNIVORES Craig Packer & Margaret Kosmala et al.

IMPRESSIONS & PROSE: The Most Dangerous Game Richard Connell

Winter 2009 ~ Volume II WildCat Conservation Legal Aid Society © All Rights Reserved


Journal of the WILDCAT CONSERVATION LEGAL AID SOCIETY


The Journal of the WILDCAT CONSERVATION LEGAL AID SOCIETY is published by the WildCat Conservation Legal Aid Society, Washington, DC. Copyright Š 2009 All Rights Reserved.


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NOTA BENE The Journal of the WILDCAT CONSERVATION LEGAL AID SOCIETY (Journal) is published semi-annually by the WildCat Conservation Legal Aid Society. The Journal provides a unique forum for professionals and scholars to analyze and comment on the issues affecting wildcats around the world, reflecting the perspectives of all disciplines including law, education, medicine, science, philosophy, religion, humanities, social science, and art. Information on current topics, submission guidelines, and deadlines is available on our website at: http://www.wcclas.org/publications. The Journal is reviewed by the Board of Directors of the WildCat Conservation Legal Aid Society and by our Legal Editor. Research, commentaries, opinions, views, and content expressed and contained in the articles published in the Journal are those of the contributing authors and not of the WildCat Conservation Legal Aid Society, its Board of Directors, or staff. No compensation is paid to the authors in exchange for publication. The Journal is published in a specialty-licensed electronic format. Disseminating this feature in any manner is strictly prohibited. Disseminating the Journal in whole or part and reprinting or republishing it on the Internet or in any other form is also strictly prohibited. Queries related to reprinting and republishing articles contained in the Journal should be sent to journaleditor@wcclas.org. Soft-bound copies of the Journal are available via a yearly subscription (two consecutive volumes) for $50.00US. Subscriptions may be purchased on our website or by mailing a check to WildCat Conservation Legal Aid Society, P.O. Box 65495, Washington, DC 20035.


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Journal of the WildCat Conservation Legal Aid Society, Winter 2009, Vol. II

FOR ALL WILDCATS

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TABLE OF CONTENTS HUNTING, TRAFFICKING & TRADE OF WILDCATS

PREFACE

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MAINSTREAMING WILDLIFE CONSERVATION INTO DEVELOPMENT Alberto Ninio & Yuan Tao

1

COMMENTARY: PARADIGM SHIFT FOR QUICKER WILDLIFE TRIALS IN INDIA Saurabh Sharma & Sheren Shrestha

15

A DEADLY GAME OF CAT AND MOUSE: TIGER CRIMINALS GIVE CHINA THE RUN-AROUND EIA Investigation

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ATTITUDES TOWARD CONSUMPTION & CONSERVATION OF TIGERS IN CHINA Brian Gratwicke & Judy Mills et al.

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SPORT HUNTING, PREDATOR CONTROL & CONSERVATION OF LARGE CARNIVORES Craig Packer & Margaret Kosmala et al.

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IMPRESSIONS & PROSE: THE MOST DANGEROUS GAME Richard Connell

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Preface

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PREFACE Balance and moderation. Aristotle believed that for man to achieve not only a fulfilling life, his community and the activities in which he engages: politics, commerce, government, law and justice also require balance and moderation. With respect to our natural resources including wildcats, Aristotle’s idea of balance and moderation—the golden mean—equal distribution; being within reasonable limits, not excessive or extreme, can also be applied. Over the last century, wildcat populations have and continue to decline. The Bali, Caspian, and Javan tigers became extinct within the last sixty years and other wildcats are critically endangered. The causes of population decline and extinction include: 1) destruction of habitat and prey; 2) destruction or obstruction of migratory corridors; 3) increased urbanization; 4) hunting; 5) commercial exploitation; 6) illegal activities; 7) lack of legislation; 8) lack of enforcement of existing laws; 9) circumventing existing laws; 10) delayed legal process; 11) increase in disposable income; 12) self-interests; 13) poverty; 14) lack of education and understanding of the importance to preserve wildlife; and 15) knowing what needs to be done and failing to implement change. All of these causes have a direct or indirect impact on our natural resources and are inter-related. However, habitat destruction, hunting, trafficking, and trade are perhaps the most critical factors when assessing the survival of all wildcat populations that currently exist and the survival of their future generations. The Journal, Volume II focuses on these critical factors that affect wildcats. The articles contained in this issue explore: 1) effective management of wildlife resources, enhancing land tenure and


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property rights, rural development, law enforcement, management of protected areas, conditions and trends that influence both supply and demand for wildlife products, urban consumers of wildlife products, and using local wildlife in a sustainable way; 2) specialized non-governmental organizations providing prosecutors with assistance in criminal proceedings; 3) an investigative report on the illegal trade of Asian big cats, changing patterns of consumption and trade dynamics to aid government enforcement efforts to disrupt criminal networks involved in sourcing, trafficking and selling Asian big cats’ skins and body parts; 4) the results of surveys conducted in several Chinese cities to gain a better understanding of urban Chinese tiger consumption behavior, knowledge of trade issues, and attitudes toward tiger conservation; 5) a study on the impact of sport hunting as a method of predator control and conservation of large carnivores; and 6) a classic literary short story that illustrates the desire of man to out wit all creatures including himself. Hunting, trafficking, and trade of wildcats are not only global commercial activities but are global concerns. Cats bred in captivity or taken out of the wild, do not necessarily stay within their native countries; they are easily moved across state lines and international borders. Hunting, trafficking, and trade also fall within two categories—legal and illegal. The legal trade in wildlife, as defined by the U.S. Government Accountability Office (GAO) includes, but is not limited to: furnishing the exotic pet and plant trade, providing species for biomedical research and teaching, stocking public or private game and hunting ranches, providing zoos and safari parks with species such as elephants, rhinoceros, dolphins, large cats, and providing food such as reptiles, amphibians, and fish. The GAO notes that “As one of the wealthiest countries in the world, the United States is the largest importer and exporter of wildlife products and dominates an estimated $5 billion annual world wildlife trade industry according to the Fish and Wildlife Service. The United States share of the worldwide trade according to Service officials is between $1 billion and $2 billion


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a year.”1 (Compare with U.S. Fish and Wildlife Service annual expenditures of $140 million to enforce the Convention on International Trade in Endangered Flora and Fauna and the Endangered Species Act).2 In addition, the GAO reports that “according to the Fish and Wildlife Service, the following figures show the intended uses of wildlife for which U.S. applicants sought import or export permits: 34% hunting trophies; 19% commercial animals; 18% personal use; 8% for scientific research; 6% commercial plants; 6% zoos; 5% breeding; 3% circuses; and 1% miscellaneous.”3 Based on these percentages, it is clear that hunting, commercial and personal use far exceeds the number of permit requests for scientific purposes. If the legal wildlife trade is bringing in $5 billion annually worldwide, then illegal trade is undoubtedly making its own hefty profits; estimated at $10 billion annually worldwide.4 A Congressional Research Report for Congress, International Illegal Trade in Wildlife: Threats and U.S. Policy, describes that the “illegal wildlife trade involves the illicit procurement, transport, and distribution—internationally and domestically—of animals, and animal parts and derivatives, thereof, in contravention of laws, foreign and domestic, and treaties. Illegal wildlife trade ranges in scale from single items and local bartering to multi-ton, commercial-sized consignments shipped all over the world. Wildlife contraband may include live pets, hunting trophies, fashion accessories, cultural artifacts, ingredients for traditional medicines, wild meat for human consumption (or bushmeat) and other products.”5 There are many factors that influence the illegal trade in wildlife and these factors 1

See Protected Species: International Convention and U.S. Laws Protect Wildlife Differently, UNITED STATES GOVERNMENT ACCOUNTABILITY OFFICE, REPORT TO THE CHAIRMAN, COMMITTEE ON RESOURCES, HOUSE OF REPRESENTATIVES, (GAO-04-964, 2004). 2 Id. 3 Id. 4 See United States Announces Global Coalition Against Wildlife Trafficking Media Note (2005) available at http://www.state.gov. 5 Liana Sun Wyler & Pervaze A. Sheikh, International Trade in Wildlife: Threats and U.S. Policy LIBRARY OF CONGRESS, CONGRESSIONAL RESEARCH SERVICE (RL34395, 2008).


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vary depending on geographic regions and cultural influences. According to the U.S. Fish and Wildlife Service, the greatest demand for illegal wildlife products in the U.S. are for personal use or hunting trophies, which parallels the legal trade. The causes of illegal trade in wildlife include high profits, demand that exceeds what is permitted legally, consumers willing to pay higher amounts and more for rare and endangered wildlife, income derived from poaching is lucrative for impoverished hunters and traders, and a perceived low risk of arrest, prosecution or fines.6 The U.S. Fish and Wildlife reports that the illegal retail value of parts (bone, skin, teeth, claws and skull) from an adult male tiger can total over $70,000. Skins from tigers, snow leopards or jaguars, are priced from $1,300 to $20,000 and from $3,300 to $7,000 per set of tiger bones.7 Tigers, snow leopards, and jaguars are protected species, and both domestic and international trade is prohibited. “The U.S. is a major consumer nation in the wildlife trade black market. Annually, about $10 million worth of illegal wildlife is seized— an amount that probably only scratches the surface of the wildlife contraband coming into this country. Over the past four years (2004-2008), our inspectors most often seized or refused wildlife shipments from Mexico, China, and Canada—countries that are also among our leading trading partners for legal wildlife and wildlife products. Nations that rank among the top suppliers of shipments stopped for wildlife violations include the Philippines, Hong Kong, Thailand, Italy, Indonesia, the United Kingdom, and Vietnam.”8 In the U.S., illegal wildlife trafficking and trade is prosecuted by the Department of Justice, Environment and Natural Resources Division. Offenders may be charged under 1) The Lacey Act, which prohibits the import, export, transport, selling, receiving, acquiring, or purchase of any fish or wildlife 6

Id. See Regarding Poaching American Security: Impacts to Illegal Wildlife Trade, before the House Comm. on Natural Resources, 110th Cong. (2008) (testimony of Benito A. Perez, Chief Law Enforcement, USFWS). 8 Id. 7


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already taken, possessed, transported or sold in violation of any state, federal, American Indian tribal or foreign laws or regulations;9 2) the Endangered Species Act (ESA) which makes it unlawful for any person, subject to the jurisdiction of the United States to import, export, offer, sell in interstate or foreign commerce, or to receive, carry transport or ship in interstate or foreign commerce in the course of a commercial activity, any endangered or threatened species.10 The ESA is the domestic counterpart to the Convention on International Trade in Endangered Flora and Fauna (CITES) and can impose penalties in violation of the treaty.11 Charges under Title 18 of the U.S. Code may also be brought in conjunction with activities that involve smuggling: concealing contraband upon import or knowingly receiving, concealing, buying or selling contraband or facilitating these actions.12 “The United States now has a framework of laws, penalties, and dedicated investigators and prosecutors in place, with all the necessary tools to interdict illegal wildlife and punish wildlife traffickers, both domestic and international. But how aggressively will we apply our interdiction tools? To say that our Earth’s wildlife bounty is at stake is not hyperbole. Shipment by shipment, some species move ever closer to the most dire consequence: extinction. That may be the true cost of failure.”13 Conservation of all species whether native or non-native to a particular geographic region requires the cooperation of all individuals, entities, agencies, governments, and countries in order to sustain viable populations and keep our natural resources in balance.

9

16 U.S.C. §§ 3371-3378 (2000). 16 U.S.C. §§ 1531-1544 (2000). 11 1976 U.N.T.S. 224, 27 U.S.T. 1087. 12 18 U.S.C. § 545 (2005). 13 JOHN T. WEBB & ROBERT S. ANDERSON, Prosecuting Wildlife Traffickers: Important Cases, Many Tools, Good Results, II VERMONT JOURNAL OF ENVIRONMENTAL LAW (2000-2001). 10


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Aristotle’s idea of balance and moderation is vital to this effort. Aristotle also believed that man’s greatest misdeed is knowing what needs to be done and failing to do it.

WILDCAT CONSERVATION LEGAL AID SOCIETY


Mainstreaming Wildlife Conservation into Development

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MAINSTREAMING WILDLIFE CONSERVATION INTO DEVELOPMENT Alberto Ninio and Yuan Tao The World Bank Legal Vice Presidency, Washington, DC

Wildlife Conservation is a Development Issue Wildlife is a renewable resource. If properly managed, it can generate sustained streams of benefits that serve development needs. Worldwide, there is a high demand for wildlife resources, including wildcats, and products made from them. Wild species are used to make a wide variety of goods. 1 Use may be local to the resource itself, or take place miles away. Wildlife products can pass along a complex processing and trade chain from harvester to end-consumer in the marketplace. 2 Current trends in wildlife use in various regions are alarming: deforestation, habitat loss and degradation, invasive species, poaching, illegal trade and other wildlife crimes threaten sustainable development of many parts of the world, especially livelihoods of vulnerable and disadvantaged people. Management of wildlife resources requires special considerations, given that wildlife can be highly mobile and difficult to track. Wildcats, for example, use large areas of habitats that are not necessarily in line with land property boundaries, and oftentimes they compete with alternative land uses, such as urbanization, infrastructure development, forestry or agriculture. These conditions mandate wildlife management to ensure understanding 1

See PHILIP J. NYHUS & RONALD TILSON, The Conservation Value of Tigers: Separating Science from Fiction, I JOURNAL OF WILDCAT CONSERVATION LEGAL AID SOCIETY 29 (2009). 2 See JOLENE LIN, Tackling Southeast Asia's Illegal Wildlife Trade, 9 S.Y.B.I.L. 196 (2005).


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the quantity, distribution and density of wildlife populations, determining sustainable from unsustainable levels of wildlife exploitation, monitoring and controlling wildlife use, and defining access, land use rights, and benefits sharing with local communities and stakeholders.

Why Illegal and Unsustainable Wildlife Trade Matters? The most salient issue among all the concerns in wildlife use today is perhaps illegal and unsustainable trade. This is because the effects of wildlife trade are multifaceted. It is the key driver for illegal hunting, poaching and trafficking. Not only does it supply markets and consumers both locally and across the globe, but it also has significant implications for conservation and development at local, national, and international levels. Wildlife trade is of significant economic importance and commercial value. It involves wide and complex networks for both sourcing and marketing. It engages a diverse range of sectors and players, including harvesters, hunters, and a wide variety of brokers, wholesalers and retailers, up to the endconsumers. By way of example, FIGURE 1 below illustrates the perceptions of the most important driver of changes in wildlife demand.


Mainstreaming Wildlife Conservation into Development

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F I G UR E 1. PERCEPTIONS OF THE MOST IMPORTANT DRIVER OF 3 CHANGES IN WILDLIFE DEMAND

Unsustainable exploitation of wild animals has disastrous effects on regional and even global biodiversity. In fact, there has been a drastic decline in the populations of many wildlife species with high commercial value, many of which are now rare, endangered or locally extinct – such as the Tiger, Snow Leopard, and numerous other wildcat species. Eventually, wildlife trade also may undercut efforts to achieve sustainable development and poverty reduction. Wildlife trade depletes natural assets upon which millions of people count on for their livelihood. The loss of wild animal species may undermine a basic means of production for a large part of the human population, and erodes vital coping mechanisms. It also is an essential environmental quality indicator. Frequently, when wildlife declines, the overall environmental quality suffers.

3

See WORLD BANK, What’s Driving the Wildlife Trade? Discussion Paper (2008).


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Essential Components of Wildlife Trade Interventions The design of effective intervention mechanisms is shaped by certain assumptions and conditions. Interventions entail a series of measures to manipulate, influence and change these key conditions. 4 While many of the assumptions that guide the design of wildlife trade interventions are based on commonsense thinking, and most are informed by long experience and lessons learned by practitioners in the field, they rarely are made explicit, or deliberated thoroughly prior to or during the course of project design. 5 The World Bank’s experience suggests that while significant measures are necessary on the front lines of wildlife habitats to push for urgent action and to deter illegal harvesting and trade, in the end it is proper governance, laws and policies, institutions, and natural resource management systems that help establish and sustain control of resource use over time. Law enforcement, as an indispensable part of the overall management system, cannot on its own address the lack of management planning and implementation, corrupt infrastructure and governance, or persistent poverty of local communities that rely on their conventional rights to use the resources. Governance, Wildlife Law and Policy, Wildlife Management, and Law Enforcement Operations are all interrelated components of a sound framework to address systemic wildlife depletion crisis. 6

Governance Governance is the exercise of authority for the good of society through formal and informal institutions at all levels— international, regional, national and local. While the criteria for good governance can vary, few would reject that good 4

Id. Id. 6 WORLD BANK, Framework to Address Systemic Wildlife Depletion Crisis in Asia, Discussion Paper (draft) (2009). 5


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governance should have the following components – promoting rule-of-law, preventing corruption, providing voice and accountability, creating and administering a regulatory structure, and offering political stability and government effectiveness. In the past decades, international attention to governance issues has been growing, and there is a framework that seeks to address the governance problems of wildlife management and forestry involving international and regional treaties and voluntary processes between the majority of nation states. Some examples include: the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Convention on Biological Diversity (CBD), the Association of Southeast Asian Nations’ Wildlife Enforcement Network (ASEAN-WEN), the International Union for Conservation of Nature (IUCN), the World Wildlife Fund (WWF), Coalition against Wildlife Trafficking (CAWT), as well as financial support for these agreements through mechanisms such as the Global Environment Facility (GEF). 7

Wildlife Law and Policy Wildlife law and policy address inter-sectoral and economy-wide influences that affect wildlife and their habitats, in addition to well-known negative economic, environmental and social impacts, deficient land allocation and tenure systems, limited ecosystem-level planning, distorted forest and agricultural policies, and increasing demand worsen the wildlife law enforcement problem. Of particular concern should be laws and policies that fail to address domestic trade in wildlife and fail to curb demand in excess of the sustainable capacity of the resource. 8

7 8

Id. Id.


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Wildlife Management Modern wildlife management is a cycle of actions that depend on a number of stakeholders and agents. Undisciplined wildlife management invites poaching and other forms of wildlife crime. Wildlife management combines manipulation of habitats, monitoring abundance of wild populations, estimating harvests of wild animals, controlling legal hunting efforts and poaching, managing non-consumptive use of wildlife in accordance with socially justified and acceptable objectives. Sound management plans are essential for establishing transparency and accountability of wildlife resource use. 9

Law Enforcement Natural resources law enforcement operations integrate efforts to avoid overexploitation of habitats, wildlife harvesting efforts and trade in wildlife and its products at habitat, local, national, regional and international levels. Enforcement involves institutions and physical agents of control, including forest and wildlife rangers, police, military, marine, and customs, to arrest criminals and seize stolen resources. Responsible field suppression activities need to be designed in consideration of hazardous conditions and the risk of violence. They need to be supplemented with judicial reforms, effective prosecution, provision for appropriate penalties, and financial programs for recovery of stolen assets. 10

The World Bank Experience Since the 1992 United Nations Conference on Environment and Development in Rio, the World Bank experience in natural resource management and its convening power for engagement with global, regional, and national 9

Id. Id.

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stakeholders has effectively provided assistance in the following areas: (1) Natural resource management: provide technical assistance for wildlife management and conservation focusing on proper management planning, implementation, and enforcement of surveying wild population and habitat, establishing sustainable levels of wildlife harvesting, and controlling its use within habitats; (2) Enhancing land tenure and property rights: strengthen tenure arrangements over land, habitats, and wildlife resources integrating private, state, and common property regimes proper to biological, social, economic, and political aspects of wildlife resources and societies; (3) Rural development: move to holistic pro-poor rural development and the enhancement of returns to labor and land, reaffirm the Bank’s commitment to agriculture as the main engine of rural economic growth, and increase broad-based stakeholder participation in project and program design and implementation; (4) Law enforcement: decrease pressure on wildlife populations from poaching and illegal trade by manipulating poachers’ economic incentives, creating alternative rural jobs, increasing law enforcement, and controlling movements of wildlife products through value chains; and (5) Management of protected areas: continue establishing new and enhancing management of existing protected areas in the region. Examples of the World Bank’s efforts to support the combating of illegal exploitation and trade of wildlife and natural resources include the Critical Ecosystem Partnership Fund, the Global Tiger Initiative and various programs funded by the Global Environmental Facility, such as the Conservation of Biodiversity through Effective Management of Wildlife Trade in Gabon.


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Critical Ecosystem Partnership Fund (CEPF) The CEPF is a joint initiative of organizations that are committed to enabling nongovernmental and private sector organizations to help protect vital ecosystems, including the World Bank, the Global Environmental Facility, Conservation International, L’Agence Française de Développement, the Government of Japan, and the John D. and Catherine T. MacArthur Foundation. These leading institutions have each committed funds to the CEPF, recognizing that strategic alliances and elimination of duplicate efforts are critical to better safeguard threatened ecosystems. Launched in 2000, the CEPF provides financial support, technical expertise, field knowledge and information primarily to non-governmental, community and grassroots organizations in developing countries. Most notably, the CEPF endeavors to enable civil society to participate in and benefit from conserving some of the world’s most critical ecosystems, by providing grants for nongovernmental and private sector organizations to help protect biodiversity hotspots and Earth’s most biologically rich yet threatened areas, where millions of people who are impoverished and highly dependent on healthy ecosystems for their survival. CEPF supports and equips civil society groups to conserve their environment and influence decisions that affect lives, livelihoods and, ultimately, the global environment for the benefit of all. Recipients range from small farming cooperatives and community associations to private sector partners and international organizations. 11

11

See generally http://www.cepf.net.


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Global Tiger Initiative (GTI) The Global Tiger Initiative works with Tiger Range Countries (TRCs) and a broad coalition of international organizations such as the World Wildlife Fund, Wildlife Conservation Society, and Smithsonian Institution to bring support to the international conservation community in the implementation of urgent, high-priority actions on the ground and across borders to save the wild tiger. The goals of the GTI is to strengthen capacities for habitat protection and management by knowledge sharing and technology transfer, to tighten Wildlife Law Enforcement by crime prevention and detection, to expand consumer and public awareness by consumptive demand reduction, to promote smart green infrastructure by safeguarding Tiger landscapes, to support community incentives by building local constituencies for conservation, and to increase conservation finance by supporting investments for biodiversity. At the initial stage, the GTI benefited substantially from the World Bank’s Development Grant Facility (DGF), a grantmaking mechanism which is an integral part of the World Bank’s development work and an important complement to its lending and advisory services. It sets out the overall Bank strategy of using grants to encourage innovation, to catalyze partnerships, and to broaden the scope of Bank services. In addition, all grants must meet sector and institutional priorities, be of high quality, and conform to the DGF eligibility criteria. Going forward, the GTI is set to celebrate 2010, Year of the Tiger, throughout the world to create global awareness of the critical plight of the wild tiger and enlist broad and deep support for their conservation. 12 Other important actions on the agenda include intensifying regional cooperation for better management and enforcement in transboundary tiger landscapes, and enhancing the capacity of international agencies, such as 12

See WORLD BANK, ET AL., Saving Wild Tigers: Recommendations from The Kathmandu Global Tiger Workshop, Nepal (October 2009).


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International Criminal Police Organization (INTERPOL), the World Customs Organization (WCO), the UN Office on Drugs and Crime (UNODC), the CITES Secretariat, and regional wildlife enforcement networks (including ASEAN-WEN) to more effectively and sustainably combat the illegal trade in wildlife at the international level and through relevant national agencies, as envisaged under the Manifesto on Combating Wildlife Crime in Asia, decided in Pattaya, Thailand, in April 2009. 13

GEF’s Conservation of Biodiversity through Effective Management of Wildlife Trade (CBEMWT) As known, the GEF is a financial mechanism that provides grants and concessional funds to developing countries for projects and activities designed to protect the global environment. GEF resources address a wide range of sustainable development issues including climate change, biological diversity, international waters, and depletion of the ozone layer. The central African region is acknowledged as one of the most important areas in Africa for the conservation of biodiversity. Wildlife use and trade, both within the region and internationally, have played a significant role in regional development as both a source of income and for subsistence. As a result, overexploitation of wildlife for subsistence and trade is growing with populations and expanded markets. Governments in the region have indicated that they lack the financial and technical resources to address overexploitation of resources and uncontrolled wildlife trade. The knowledge of the resource base on which sound policies and decisions can be made is also poor, both in terms of what is available and the levels of utilization. The CBEMWT program is funded by the GEF and implemented by the United Nations Development Programme (UNDP) and the WWF, worked to develop indigenous capacity to monitor wildlife populations and wildlife trade effectively, to 13

Id.; see http://www.globaltigerinitiative.org/ for more information.


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understand the impact of trade on wildlife populations and biodiversity better, and to assist in implementing sustainable trade strategies to ensure the survival of wildlife species and ecosystems of which they are a part. After three years of implementation, the CBEMWT program put into place a mechanism for sustainably managing wild species and reinforcing local community and government capacity to guarantee the long-term sustainability and conservation of biodiversity. Considerable effort has been put into and progress made on raising the awareness of communities about issues associated with biodiversity and wildlife trade. 14

Reflections and Recommendations (1)

Don’t lose sight of the forest for the trees

Many wildlife trade interventions have focused on changing the behavior of particular classes, e.g. hunters, poachers, traders, consumers, and/or enforcers, without taking into account broader conditions and trends within which these groups operate, such as improvements in transport infrastructure, economic growth in consumer markets, or technological advances. Long-term solutions to the problems associated with illegal and unsustainable wildlife trade need to incorporate a much deeper understanding of underlying conditions and trends, including: (i) investigating and considering the broader conditions and trends that influence both supply and demand for wildlife products; and (ii) making strong efforts to ensure that wildlife trade concerns and safeguards are integrated into the planning and implementation of infrastructure development and trade promotion. 15

14 15

See http://www.gefweb.org/ for information on GEF activities. See WORLD BANK, supra note 3.


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(2)

Poverty is a traditional driver of unsustainable wildlife trade

It is widely believed that the decline of the abundance of wild species over the past years, as well as the loss of commercially valuable biodiversity, is a result of overexploitation. Many of the species that are declining, such as the Tiger, are used to support subsistence needs, e.g. for food and medicine, as well as providing a source of income. Further declines will not only affect the status of wild species and the ecosystems in which they exist, but also will hamper efforts to achieve the goals related to poverty reduction and sustainable development. 16 Several things can be done that can help reduce the number of people who rely on wildlife for meat or cash, including: (1) establishing mechanisms that are conducive to enabling alternative livelihoods, clearer and equitable benefit sharing arrangements, and building up local business skills; and (2) working with the stakeholders and local communities to provide practical help to overcome poverty and helping them use their local wildlife in a sustainable way. 17 (3)

Wealth can be a stronger driver of unsustainable wildlife trade than poverty

Because poverty is often believed to be the key driver of overexploitation of natural resources for lack of alternative livelihoods, many wildlife trade interventions are focused on the rural poor communities in order to reduce the need for unsustainable and illegal wildlife exploitation. However, wealth can be a stronger stimulus for the current levels of demand for wildlife products. Efforts to achieve poverty reduction and improved livelihoods are still necessary, but unless combined with other measures, such efforts seem unlikely to significantly reduce illegal and unsustainable trade. Greater attention is therefore required to the following actions if wider dynamics are 16

Id. See, e.g., Wildlife and Poverty Study, DFID LIVESTOCK AND WILDLIFE ADVISORY GROUP (2002). 17


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to be addressed successfully: (i) improving the targeting of interventions towards urban consumers of wildlife products; (ii) targeting interventions towards those richer, more powerful and/or influential groups that exert a high level of control over the wildlife trade chain; and (iii) ensuring that interventions supporting improvements in rural livelihoods are based on a clear understanding of local harvest and trade dynamics where these interventions are aimed at reducing illegal and unsustainable wildlife harvest. 18 (4)

Command-and-control regulatory tools need to be supplemented by market-based interventions and support for improvements in resource management

There has been a dominance of prescriptive approaches in efforts to control the wildlife trade. However, local norms and traditions and market-based mechanisms such as buying agreements, can also be effective at reducing illegal and unsustainable wildlife use. This is also true with interventions designed to improve resource management. Greater emphasis should therefore be given to non-regulatory approaches, such as: (i) increasing support for research regarding, and improvements in, the management approaches used for harvest of those wild species for which harvest is permitted; and (ii) encouraging greater investigation of, and where appropriate, investment in voluntary and market-based measures. 19 (5)

Awareness promotion campaigns need to be more targeted to specific audiences

Awareness campaigns are believed to be effective in changing behavior in many cases where they were targeted at consumers and in fewer cases where they were targeted at harvesters or traders. But the truth of the matter is that very little information is available to assess the effectiveness of such

18 19

See WORLD BANK, supra note 3. Id.


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Greater understanding is needed, therefore, campaigns. 20 regarding how best to communicate to the various stakeholder groups involved in the wildlife trade in order to change their behavior by (i) improving the knowledge and evidence base regarding the shaping of stakeholder attitudes towards the illegal trade and consumption of wildlife; and (ii) incorporating a monitoring and evaluation component into awareness campaigns. 21 (6)

International collaboration need to be further strengthened

Wildlife protection is an integral part of inclusive and sustainable globalization. As Mr. Robert B. Zoellick, President of the World Bank Group, best put it: “This is a problem that cannot be handled by individual nations alone. It requires an alliance of strong local commitment backed by deep international support.� 22 This remark was made in the context of the Global Tiger Initiative, but can well be generalized to the broader wildlife conservation mission. Indeed, as demonstrated by the World Bank experience, the success of wildlife conservation endeavors would count on strategic partnerships to leverage global synergies and to draw together the appropriate stakeholders: governments, global NGOs, scientists, international organizations, corporations, and concerned individuals. This coalition will apply experience, scientific knowledge, public influence, and national and international cooperation to catalyze the necessary action and creatively to improve management practices, skills, quality of research, and instruments to curb poaching, market demand for wildlife and the illegal trade; and to raise awareness of the value of wildlife. 23

20

See LIN, supra note 2, at 196. See generally WORLD BANK, supra note 3. 22 Robert B. Zoellick, President, World Bank Group, Speech at the Global Tiger Initiative Launch Event (June 2008). 23 See LIN, supra note 2, at 201. 21


Paradigm Shift for Quicker Wildlife Trials in India

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COMMENTARY: PARADIGM SHIFT FOR QUICKER WILDLIFE TRIALS IN INDIA— INVOLVEMENT OF NGOS Saurabh Sharma and Sheren Shrestha Wildlife Trust of India

On September 30, 1993, authorities in the Indian capital, Delhi, seized an unprecedented amount of illegal wildlife articles in a single raid. The accused, Pema Thinley and Mohd. Yakub, were arrested with 18 varieties of wildlife articles including eight adult tiger skins, 287 kilos of tiger bones, and 43 leopard skins. At that time, a person caught for illegal trade of species like the tiger, listed in Schedule I of the Indian Wildlife (Protection) Act, 1972, could be sentenced to a prison term of up to six years (now seven years) along with a fine. Yet, 16 years since it began, Thinley’s case still lingers on, occasionally heard about but otherwise forgotten. Like Thinley, many notorious wildlife traders continue to roam free as the Indian judicial system remains burdened with an ever increasing number of cases, where wildlife crimes are not a priority. What makes it worse is that the wildlife protection laws are relatively young in the country, and therefore not well understood by the lower judiciary as well as a dearth of lawyers specialising in wildlife crime. Some of the other factors that contribute to the delays are (a) confused drafting of charge sheets; (b) confusion among the


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Journal of the WildCat Conservation Legal Aid Society, Winter 2009, Vol. II

forest rangers and police regarding their powers and the overlaps; (c) involvement of an unnecessarily large number of, at times, unreliable witnesses in hope that sheer numbers would add to the evidence; (d) technical legal manoeuvring in form of interim applications and revision petitions by the accused; (e) generous grants of bail which sometimes is used by the accused to abscond; and (f) lack of initiative in the follow-up of cases by forest officials. Thus, the phrase justice delayed is justice denied, rings even more true, when landmark cases like Thinley’s, linger on for decades, resulting in dilution of interest among witnesses and sometimes, even erosion of evidence. As a result, some of the strongest wildlife protection laws in the world are reduced to nothing more than cautionary blips for practised trade practitioners like Thinley. However, in recent years, a public-civil society partnership has resulted in significant changes and in the judicial processes in several wildlife crime cases which have been expedited with exemplary speed by the involvement of wildlife NGOs. A case in point is that of the notorious rhino horn trader, Ratiram Sharma, who was convicted and sentenced to five years of rigorous imprisonment on November 24, 2006. The case, with Wildlife Trust of India’s (WTI) lawyers assisting the prosecution, has been recorded as the shortest wildlife trial in India, lasting less than five months between arrest and conviction. Sharma was arrested on July 14, 2006, after the West Bengal Forest Department recovered four leopard skins, 140 pieces of rhino skins, 125 pieces of tiger bones and a skull from his house. In Ratiram Sharma’s case, the sustained coordination from the beginning between committed forest officials led by UK Nag, Assistant Conservator of Forests, West Bengal Forest Department, and WTI staff ensured appropriate procedural manoeuvring and paperwork leading to a quick conviction.


Paradigm Shift for Quicker Wildlife Trials in India

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Ratiram’s trial marked a critical change in the history of wildlife crime cases in India. Since then there have been many cases where prosecution has been faster with the support of individuals or organisations associated with the cause and with inherent specialisations. The need for quick delivery of justice is obvious, especially to conserve large cats like the tiger which are considered flagships of the habitats in which they survive. India with its burgeoning human population, is struggling to save its wild tigers; habitat loss and fragmentation, human-animal conflicts, poaching, and illegal trade, are among the many threatening factors. Many of these threats can be controlled with effective implementation of wildlife protection laws of the country, known as among the best in the world. However, without quick judgments in such cases, offenders get emboldened to continue their illegal activities. With just about 1,400 tigers left in the wild, India cannot afford to lose any individual to a slack in the system. For quick proceedings in a wildlife case, the documentation must be accurate and without loopholes that can benefit the offender. The bail must be effectively imposed to minimise chances of escape of the offender. Proper legal assistance must be provided to the prosecution, who may not be specialised in tackling wildlife criminals, and the cases should be followed regularly and enthusiastically by relevant persons, organisations or institutions.


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A Deadly Game of Cat and Mouse: Tiger Criminals Give China the Run-around

19

A DEADLY GAME OF CAT AND MOUSE: TIGER CRIMINALS GIVE CHINA THE RUN-AROUND A R E POR T ON T H E F I NDI NG S OF A N E I A I NV E ST I G A T I ON I NT O T H E I L L E G A L T R A DE I N A SI A N B I G C A T P A R T S I N C H I NA , 2009 † Introduction

T I G E R S K I N F OR S A L E

IN

L H A SA , T A R , A UG UST 2009 ( E I A 2009).

COMMUNICATIONS REGARDING THIS REPORT SHOULD BE ADDRESSED TO DEBBIE BANKS, EIA HEAD OF TIGER CAMPAIGN AT DEBBIEBANKS@EIAINTERNATIONAL.ORG OR TELEPHONE +44 207 354 7960.


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Journal of the WildCat Conservation Legal Aid Society, Winter 2009, Vol. II

Introduction The Environmental Investigation Agency (EIA) commenced its investigations into the illegal trade in Asian big cat skins in China in 2004. Every year since then EIA has documented both the open and ‘under-the-counter’ sale of skins, and uncovered important information about the changing patterns of consumption and trade dynamics. Following each investigation sufficient information has been provided to the Chinese authorities to act as a catalyst for government enforcement efforts to investigate and disrupt the criminal networks involved in sourcing, trafficking and selling Asian big cat skins and body parts. The findings of this most recent EIA investigation were obtained using appropriate and experienced investigators, asking the right questions of the right people, over a 21-day period, on minimal resources. If EIA can return to previously visited markets and find skin, bone, repeat offenders, year after year, it begs the question: What on earth are the Chinese authorities doing? This is not to say there is no enforcement in China. There are seizures being made, though some Provinces seem more proactive than others. There are designated periods of time set aside for special operations, although these are often advertised in advance. More effective enforcement strategies are available and used to combat other forms of crime, but they simply are not being deployed in China in the fight to save the wild tiger. The volume and scale of the trans-Himalayan big cat skin trade really came to light in 1999 with the first of a series of high volume seizures in the region. Since then the CITES Tiger Missions, EIA, the Wildlife Protection Society of India (WPSI), TRAFFIC and others have all explored the trade and made


A Deadly Game of Cat and Mouse: Tiger Criminals Give China the Run-around

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constructive recommendations regarding more targeted and sophisticated enforcement initiatives. Whether it is a case of outdated enforcement tactics, a lack of capacity and resources, localised corruption, ethnic minority dispensation, or a lack of political commitment at the national level, China has run out of excuses. Ten years have passed, and the forthcoming Chinese Year of the Tiger is just months away. Those involved in the illegal trade are well aware of this, with one skin dealer in Lhasa anticipating an increase in profits in 2010, saying everyone will want a tiger skin in the Year of the Tiger. There is still so much that China could do to end the tiger trade if its Government really wanted to. It will take a much higher level of investment and leadership than committed to date. It is a challenge, but one thing that EIA has clearly demonstrated, is that it is possible to find the people behind the trade - the criminals profiting from the tiger’s decline. If EIA can do it, so can the Government.

Executive Summary •

In August 2009, EIA completed an investigation into the illegal trade in Asian big cats in China and documented the availability of tiger skin, bone and teeth, leopard skin and bone, and snow leopard skin. Using historical intelligence, analysis and suspectprofiling, EIA investigators targeted retail premises in five cities in Qinghai, Gansu and Tibet Autonomous Region (TAR), and attended one horse festival in TAR. Traders described trafficking routes, methodologies of concealment and revealed substantial information on the dynamics of the trade. All this could facilitate targeted operations by the professional enforcement community.


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• • •

• • •

Traders were aware of the scarcity of wild tigers and of the forthcoming Chinese Year of the Tiger and view this as an opportunity to increase profits. The market for skins among the Tibetan community continues to decline except in areas where government employees are reportedly forced to wear skins. The condition of many of the skins and statements from the traders indicates that the use of skins for home décor, taxidermy and bribery continues to be the primary market, reinforcing the trend seen since 2006. Traders stated that the military, Han Chinese businesspersons and public officials are the main customers for skins, and that Han Chinese individuals and wholesalers are the buyers of bone. EIA investigators encountered traders that had been documented as operating in previous years in areas where local corruption and the absence of enforcement prevails. Confidential intelligence reports have been passed to INTERPOL and the CITES Secretariat. As a matter of urgency, the government of the Peoples’ Republic of China (PRC) should establish a specialised multi-agency enforcement unit that has the skills and resources to proactively investigate criminal networks engaged in trafficking and selling Asian big cat parts and derivatives. The unit should have the authority to operate at a national level, in order to overcome local corruption, and engage with international enforcement bodies, such as INTERPOL, World Customs Organisation (WCO), and CITES Secretariat. The Government of the PRC must stop sending mixed messages to user groups by declaring a permanent ban in all trade in all parts and derivatives of tigers and other Asian big cats, in addition to consolidating and destroying stockpiles and supporting international efforts by phasing out tiger farms. Government and non-government consumer awareness and anti-corruption campaigns need to keep pace with the


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changing patterns of consumption and target emerging user groups. Irrespective of proposed regional enforcement agreements, neighbouring source and transit countries need to immediately use existing channels for communicating intelligence on transnational criminal networks and for coordinating international investigations (INTERPOL, WCO and CITES). Donors should increase investment in existing intergovernmental enforcement bodies (INTERPOL, WCO and CITES), and their relevant national points of contact, creating a network of operational enforcement professional support dedicated to combating Asian big cat trade.

Summary of Findings Between 25 July and 14 August 2009 EIA carried out an investigation in the markets of Xining (Qinghai Province), Linxia (Gansu Province), Lhasa (TAR), Shigatse (TAR) and Nagchu (TAR). A team also attended the Nagchu Horse Festival (TAR). In just 21 days, EIA documented the following items for sale, including items that were openly displayed: L OC A T I ON XINING

LINXIA

I T E M S SE E N 1 FULL TIGER SKIN RUG 1 FULL LEOPARD SKIN 2 TIGER TEETH 5 FULL LEOPARD SKINS 7 FULL SNOW LEOPARD SKINS AND 1 SNOW LEOPARD RUG 3 PIECES OF TIGER SKIN TRIM 40 PIECES OF LEOPARD SKIN TRIM 2 FULL CLOUDED LEOPARD SKINS


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LINXIA ‘CONT

5 SKULLS OF LEOPARD AND SMALLER CATS, SEVERAL PIECES OF BONE AND APPROXIMATELY 100 LEOPARD CLAWS

LHASA

SHIGATSE NAGCHU

3 FULL TIGER SKINS 2 FULL LEOPARD SKINS 4 FULL SNOW LEOPARD SKINS ONE INCOMPLETE TIGER SKELETON (INCLUDING SKULL) 1 TIGER LEG BONE 3 FULL LEOPARD SKINS 7 LEOPARD SKIN CHUPA 1 TIGER SKIN CHUPA 1 FULL LEOPARD SKIN 2 LEOPARD SKIN CHUPA

In addition, EIA documented at least 9 people wearing real tiger skin chupas and at least 25 people wearing real leopard skin chupas at the Nagchu Horse Festival. Numerous ivory bangles, prayer beads and other carvings were documented for sale without State Forest Administration / CITES certificates in Xining, Linxia and Lhasa.

Methodology The investigation involved the deployment of appropriate investigators to engage retailers in discussion about the availability of Asian big cat parts and derivatives. Locations were selected on the basis of previous investigations and desk-based research. Individual retailers were selected by a number of means; either they had been identified in previous EIA investigations, were observed openly selling Asian big cat parts, or were selected on the grounds that they openly


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sold other wildlife products e.g. ivory, otter skins, yasa gombe (caterpillar fungus) and, raw Chinese medicinal ingredients. It was not EIA’s intention to undertake a quantitative market survey exploring every possible retail outlet. EIA was aware from previous investigations that traders operating at the retail level are networked within cities and sometimes between cities. In light of this, if a trader responded by offering to show EIA their stock of big cat parts, arrangements would be made to schedule a viewing and the objective would be to obtain as much information as possible about the item. This tried and tested approach can result in useful information about the dynamics of the trade, but could be jeopardised through overuse. EIA is conscious of the limitations of NGO investigations. An adequately resourced and trained government enforcement agency would have the capacity and authority to undertake covert operations involving test purchases and surveillance. Being able to infiltrate the criminal networks through the point of sale would generate a great deal of information about individuals involved at both ends of the chain, from source to consumer. As an NGO, EIA does not purchase samples nor will EIA pay a deposit to view stocks. EIA is cautious in its questioning of traders not to solicit goods where they may not be readily available, and will not act as an agent provocateur. In most instances, conversations were recorded and illegal wildlife products documented on film. Upon conclusion of the investigation and analysis, EIA provided confidential reports to INTERPOL and the CITES Secretariat containing sufficient information to help national authorities plan enforcement strategies. These reports have subsequently been disseminated to relevant National Central Bureaus, including China.


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Results Every location required a different approach based on the traders perceptions of enforcement and corruption.

~ XINING In Xining there were three main target groups: Binhe Road market, Shuijing Alley market and the numerous yasa gombe and traditional Chinese medicine wholesalers and retailers around the city. The retailers in Binhe Road and Shuijing Alley sold Tibetan/Nepali handicrafts and artifacts but the majority of retailers were themselves Hui or Han, with only a few Tibetan traders. Traders in Xining were very aware of the illegality of the trade in tigers and other big cats, were aware of enforcement actions, and were extremely cautious. While some individuals sold ivory, they did not sell Asian big cat parts. One trader explained how it was much easier for skin traders in Linxia, Gansu Province, where traders had the patronage of local officials. Nonetheless, one trader in Xining, who claimed to have a local ivory carving factory showed investigators a photo of a tiger skin on his mobile phone that he was offering for sale. Following arrangements to meet at a secure location, he showed investigators a full tiger skin and a full leopard skin, claiming that he had more leopard skins.


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TH I S T I G E R SK I N F OR SA L E I N X I NI NG W A S B A C K E D ON T O R E D M A T E R I A L W I T H A F UL L I NT A C T H E A D A ND PA W S —C L E A R L Y F OR T H E H OM E DÉ C OR M A R K E T

( E I A 2009).

The tiger skin was backed with red material, the head and paws were intact, clearly prepared for ornamental purposes. The trader was not inclined to discuss the source of the item or other information, unless investigators purchased a skin. He stated that he has regular customers—people with whom he has built up trust. Another trader in Xining stocked ivory and tiger teeth and claimed to stock tiger bone. Tiger teeth are highly prized and


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sold as amulets to ward off evil spirits. The trader insisted that new potential buyers must pay a deposit of RMB 3000 (USD 440), before arrangements can be made to view tiger bone. EIA did not pay a deposit and so did not view tiger bone from this trader. But the investigation was managed in such a way that the trader pursued the investigators and offered detailed insights into the nature of the trade as a means of assuring potential clients of the authenticity of the bone.

POT E NT I A L

B I G C A T SK I N A ND B ONE T R A DE R S W E R E I DE NT I F I E D T H R OUG H T H E OPE N SA L E OF OT H E R B I G C A T A ND W I L DL I F E PA R T S , I NC L UDI NG

T H E SE T I G E R T E E T H

(ď›™ E I A 2009).

The trader cited earlier methods of concealment, where skins and bones were sent over in sealed trucks from Nepal, sandwiched in cargo. According to this trader, following an earlier seizure of tiger, leopard and otter skins in Zhangmu (Nepal-Tibet border), skins and bones are now carried via mountain passes by porters trekking for 3 days. Tiger skeletons are divided up between porters. Porters are paid RMB 9000 (USD $1300) each.


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He explained how he travels to India and Nepal to source his materials, where he can select the items he wants - “it’s like in my own shop.� Local contacts then make arrangements for the consignments to be delivered across the border. He insisted that he had a passport full of stamps that can prove the regularity of his visits, and that he is an authentic dealer. Documentary evidence like this would be invaluable to investigators. He was aware of the rarity of the wild tiger, suggesting that any traders who say they can supply more than 10kg on a regular basis are probably selling fake bone. He talked about poverty and corruption in India and how that facilitates poaching. The same trader also claimed that he could supply rhino horn.

~ LINXIA EIA has found Asian big cat skins openly for sale in Beida Street, Linxia every year since 2005. There has been a gradual decline in the number of shops selling big cat skins and a decline in the overall number of skins for sale. However, traders have put this down to changes in the market demand, with the decline in demand from the Tibetan community and thus monthly sales. Enforcement has never appeared to be a major concern to the traders in Linxia. In 2005, when trade was prolific, they stated they had special dispensation as a minority. Following CITES attention on Linxia, local authorities confiscated a number of skins in 2006, but traders were not charged, instead promising not to continue with the trade. In June 2008, one trader offering tiger skin stated that a contact in the Forestry Bureau alerts him in advance of any inspections. The CITES Management Authority of China reported that they inspected the market in December 2008 and


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found nothing for sale. Yet in July 2009, the same trader was still stocking leopard and snow leopard skins, some of which were visible from the street. Another trader in Linxia claimed that officials within the State Administration of Industry and Commerce (the department responsible for market inspection), turn a blind eye to the trade as they are often the customers and recipients of skins in a culture where bribery of local officials with exotic goods is increasingly common. With street renovations making business slow, traders were comfortable discussing the state of affairs. As documented in previous years, the skin market has clearly shifted towards demand for taxidermy and home dĂŠcor among wealthy Han Chinese businesspersons. One trader showed investigators business cards and postal receipts of buyers in Inner Mongolia and Henan Provinces. Another trader revealed that he has previously sold skins to interior decorators in Beijing as well as other collectors and buyers in Guangzhou, Shanghai and Shigatse. He claimed the national postal service is often used to transport skins to end destinations. The nature of the market is evident from the preparation of the skins themselves, which have intact heads and paws. Increased prices also reflected the change, with skins no longer being cut up and sold to make more than one chupa (traditional Tibetan costume), but being sold as a single item. Skins arrive in Linxia via different routes and means as previously reported by EIA and WPSI. In 2009, one trader stated that he travels to Ali on the border with Nepal and India, to procure skins during seasonal markets where a variety of commodities are sold.


A Deadly Game of Cat and Mouse: Tiger Criminals Give China the Run-around

TH I S SNOW

L E OPA R D SK I N I N

L I NX I A

W A S PR E PA R E D F OR T A X I DE R M Y .

F R OM A L L OV E R T H E C OUNT R Y K NOW T O V I SI T

2009).

31

L I NX I A

F OR SK I NS

B UY E R S (ď›™ E I A

A number of Linxia traders stocked and offered small amounts of leopard bone and bones of smaller cats. One trader stated that his bone buyers are from Chengdu’s Hehuachi medicine market. Traders there suggested that skins and bones appear to travel together and are traded by the same individuals.

~ SHIGATSE South of Lhasa, Shigatse was one of the two cities EIA visited where skin chupas were still openly available. In one of the main tourist and shopping areas in Shigatse, a number of tailors openly displayed leopard skin chupa for sale.


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According to traders, unlike other Tibetan areas, people still wear skin chupas in Shigatse, Nagchu and Tsangpo. They did not reveal the reasons for this anomaly. They stated that Shigatse is well known as a market where buyers commission skins through tailors, although Lhasa is still the hub of the trade. Traders stated that the Chinese military stationed nearby are the main customers of whole leopard skins. One trader showed investigators a full leopard skin in the retail premises, claiming that others keep their skins at home in the nearby town of Gyantse. By chance, one trader had two full leopard skins that he expected to be delivered the following day for another customer and offered EIA investigators a preview. The same trader was expecting the imminent delivery of two full tiger skins. The main leopard skin trader described the same trafficking route and methods as the Xining trader, with skins coming from India via Nepal, but stated that once the items had crossed the border they are put onto China Post trucks for onward delivery. Another leopard skin trader suggested that leopard skin also crosses via Yadong, on the border with India. This trader added that unworked skins are usually not permitted for sale, but once they have been made into a chupa, they are permitted. This suggests that special dispensation is given to ethnic minorities for the wearing of skins.


A Deadly Game of Cat and Mouse: Tiger Criminals Give China the Run-around

LEOPARD

SKIN CHUPAS ARE STILL OPENLY FOR SALE IN

33

SHIGATSE,

OFFERING

PRIME LEADS TO ENGAGE TRADERS IN DISCUSSION ABOUT THE SKIN TRADE ( EIA

2009).

~ NAGCHU EIA visited the markets of Nagchu and attended the local annual horse festival. In the town, investigators focused on two tailors that sold chupas, both of whom offered the contact details of a skin dealer in Lhasa. One trader claimed that he has sold tiger and leopard skin chupas to government employees, whilst another trader suggested that they have no choice but to wear skins at festival times. Both traders said that whole skins with paws are purchased by the Chinese military as home décor (rugs, wall hangings, sofa coverings).


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One of the Nagchu traders explained that skins are trafficked across the Tibet-Nepal border by nomads. He has relatives in Burang and elsewhere in Nepal who can arrange the smuggling. The skins are carried via Mount Kailash and Ngari in TAR and some come in via Gyirong on the Nepal-Tibet border. These are all well known and documented trafficking and trade routes. At the Nagchu horse festival, EIA observed a number of people wearing real and fake tiger and leopard skins. Wearers of real tiger and leopard skin included some presiding officials, county representatives carrying banners, dancers, horse racers and spectators.

NA G C H U

SK I N T R A DE R S C L A I M E D T H A T T H E PE OPL E ST I L L W E A R I NG

SK I NS A T F E ST I V A L S W E R E G OV E R NM E NT E M PL OY E E S

(ď›™ E I A 2009).


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Investigators visited one county tent where there were five dancers wearing real tiger skin and five dancers wearing real leopard skin. When asked why people at the Nagchu festival wear skins but that Tibetans in other areas don’t, the county spokeswoman stated that they wear tiger and leopard skin “because they love their country.” The spokeswoman’s answer may have been influenced by the fact she was being interviewed in Mandarin in the presence of foreigners.

~ LHASA In addition to following the lead from Nagchu to Lhasa, EIA sought out known skin traders previously encountered and targeted new retail premises suspected of selling bones. While it is not possible to see tiger and leopard skins or skin chupas openly for sale in Lhasa, a lead from Nagchu led to investigators being shown a very large, 2.5 metre tiger skin, which the trader claimed had been trafficked via mountain passes around Zhangmu. He stated that his usual buyers are the Chinese military. He anticipates an increase in profits and demand for tiger parts in 2010, the Year of the Tiger. EIA investigators tracked down a known trader from the 2006 EIA/WPSI investigation. He was operating from the same premises in the main circuit of Barkhor but no longer openly advertised the sale of skins or skin chupas.


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I NV E ST I G A T OR S M E T W I T H A T R A DE R PR E V I OUSL Y E NC OUNT E R E D I N 2006. I N 2009, H E W A S OF F E R I NG T W O F UL L L E OPA R D SK I NS F UL L T I G E R SK I NS (ď›™ E I A 2009).

I N L H A SA A ND T W O

Nonetheless, when investigators inquired about the availability of skins, the trader made arrangements to bring two full leopard skins to the shop. He claimed he had purchased the skins about six months previously and had experience of arranging shipment of skins for customers to other parts of China and even to Malaysia. The trader then revealed that he had tiger skin for sale. He took investigators to his house and showed them two full tiger skins which he said were from India and that he had purchased in 2009. In 2006, this same trader had shown investigators a tiger skin and introduced them to two other Lhasa skin traders who offered investigators one additional tiger skin.


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EIA also took the opportunity in Lhasa to investigate the availability of tiger bone. Having been led to believe that the tiger bone trade was difficult to infiltrate, EIA targeted shops that visibly sold raw materials for traditional Chinese medicine. Among a row of medicinal shops just off the Barkhor area of Lhasa, one trader offered investigators one tiger leg bone from a Han Chinese trader. This trader claimed that the tiger bone comes from Heiliongjiang via Chengdu. The other area of Lhasa where EIA explored the availability of tiger bone was the Hui district, where the main entrance was lined on either side by shops selling yasa gombe. EIA selected the first shop and recognised the owner as one of the traders encountered in Barkhor in 2006, who had previously offered tiger, leopard and snow leopard skins. The Barkhor shop had closed down and he was now operating from the Hui district only.

S T R A I G H T F OR W A R D SUSPE C T -PR OF I L I NG B ONE T R A DE R I N L H A SA (ď›™ E I A 2009).

L E D I NV E ST I G A T OR S T O A T I G E R


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On this occasion, he showed investigators a sample of tiger bone he kept on the shop premises and then took them to his residence where he offered them an incomplete tiger skeleton (approx 10 kg including the skull). He also keeps his stock of wildlife skins at home, including four snow leopard skins. He claimed to have two other “sets” of tiger bone. The trader does not travel to India and Nepal to buy the skin and bone. Instead, he relies on sellers bringing products to his shop and selling it to him there as it is ‘easier’ and ‘safer’ to source in Lhasa. He added that he also goes to Ali to procure them from Tibetan and Nepali “nomads” who bring them across the border. The trader revealed that his customers are all Han Chinese, and that he has a regular customer from Hebei Province, who works for a major pharmaceutical company. He speculated that the bone is not used to manufacture their packaged and patented medicinal products, but is used as a bribe for officials. When asked if he was concerned about the risk of being caught keeping tiger bone in his shop and at home, he dismissed the idea, saying enforcement was not as much of a concern in Ali and Lhasa compared to undertaking the business in Nepal itself. He suggested that without contacts in the Nepal and Chinese Customs, trafficking was a serious risk. The status of Lhasa as an ongoing centre for the trade continues, despite the decline in local Tibetan demand. The pattern of traders procuring skin and bone at market towns along the borders with India and Nepal, or crossing in to source countries has been substantiated by traders elsewhere. In February 2009, EIA investigators in Nepal met with a Tibetan trader who splits his time between Lhasa and Kathmandu. He showed investigators two full tiger skins that he was preparing to take back to a customer in Lhasa.


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Stock and Prices While some strips and pieces of skin were apparently cast-offs from unwanted skin chupas, all of the whole tiger, leopard and snow leopard skins had been procured by the traders within the previous 12 months. The Lhasa tiger bone trader stated that the skeletons he has are a few years old. In Linxia, where business was slowing down following the decline in demand among the Tibetan community, one trader informed EIA that up until 2006 he would sell an average of 25 leopard skins per month, but in 2009, he was selling a “handful” throughout the year. By contrast, in Shigatse, one trader revealed to EIA that they sell 20 plus leopard skins a year. There were about 40 tailors in the same street. Only four were questioned, but at least two stocked leopard skins and one other said they could obtain skin. Elsewhere traders suggested a turnover of between one and five leopard skins, while tiger skins were less frequently acquired. P R I C E R A NG E I N 2009 RMB 80,000 – 150,000 APPROX USD 11,660-21,860 FULL LEOPARD SKIN RMB 1,500-11,000 APPROX USD 1,020-2,770 FULL SNOW LEOPARD SKIN RMB 1,500-11,000 APPROX USD 220-1,600 FULL CLOUDED LEOPARD RMB 2,000 SKIN APPROX USD 290 TIGER TEETH RMB 4500 EACH APPROX USD 650 TIGER BONE RMB 6000 – 8000 / KG APPROX USD 870 - 1170 ITEM FULL TIGER SKIN


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Other Wildlife Products In addition to Asian big cat parts, EIA investigators also observed skins and bone of smaller cats, including clouded leopard, marbled cat and leopard cat. Ivory, red coral, saiga antlers, Tibetan antelope horns and musk pods were also seen. Given the nature of the investigation however, it was not possible to explore the trade in these items in depth.

Conclusions While there is some enforcement in China, the strategies and tactics employed have not kept pace with the changing patterns of consumption. Methods used are too outdated to combat the trade effectively. Recent enforcement initiatives have been orchestrated operations conducted over a limited period of time with the objective of confiscating illegal wildlife products. There are instances of these operations being announced in advance, including in the media. Clearly police agencies in China have the capacity to conduct undercover investigations, but there are only sporadic signs that such skills are being deployed to tackle wildlife crime. There is clearly a huge gap in enforcement in the absence of a national, proactive and persistent multi-agency effort to gather intelligence through covert sources and to use that information to sustain efforts to disrupt transnational criminal networks. At a bureaucratic level, there is a tendency to return to a default position when discussing the tiger trade in China i.e. that it is a human issue based on tradition. The use of skins for taxidermy and home decoration, and the use of skins and bones as bribes seem to be conveniently ignored.


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The confusion created by discussions surrounding the lifting of the domestic trade ban, tiger farming and the introduction of a scheme that effectively legalises trade in skins from farmed tigers and leopards, seriously undermines enforcement. It also raises questions about government commitment to wild tiger conservation. The international community has called for the phase out of tiger farms where they exist, in recognition of the threat they pose to wild tigers. Leading economists have examined the arguments promoted by the pro-tiger trade movement and found them to be flawed and based on invalid assumptions.

Recommendations Corruption and the role of the military as consumers of Asian big cat parts in China necessitates a renewed and high level commitment to investing in targeted and intelligence-led enforcement strategies, which were recommended ten years ago by the CITES Tiger Missions, including the establishment of a specialised enforcement unit. Where specialised enforcement units do exist or are proposed in source and transit countries, there is a need for sustained investment to ensure sufficiently trained and resourced personnel are empowered to collate, analyse, disseminate and act upon available intelligence. At a regional level there needs to be far more communication between operational enforcement officers in source and transit countries, as well as in China. Existing mechanisms for communicating securely, such as INTERPOL and the CITES Secretariat, are woefully underused. Donor agencies should consider investing in the international agencies that have the authority to channel intelligence securely and coordinate international investigations, at both headquarters level and at the national points of contact.


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Specifically INTERPOL, World Customs Organisation and CITES. In particular, donors should consider supporting the creation of INTERPOL “Tiger Desks”—dedicated investigators at the National Central Bureaux of tiger source, transit and destination countries, whose sole focus would be gathering, analysing and disseminating intelligence on criminals engaged in the tiger trade. Additional support should be provided to INTERPOL’s Environmental Crime Programme, responsible for coordinating international police operations and delivering professional enforcement capacity building and training. The government of China could choose to send a strong message in unity with the international community by phasing out tiger farms and consolidating and destroying stockpiles of tiger parts and derivatives, as called for by CITES.


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ATTITUDES TOWARD CONSUMPTION AND CONSERVATION OF TIGERS * IN CHINA Brian Gratwicke† and Judy Mills†† et al. ‡ †Save The Tiger Fund, The National Fish and Wildlife Foundation, Washington, DC; National Zoological Park, Smithsonian Institution, Washington, DC ††Save The Tiger Fund, The National Fish and Wildlife Foundation, Washington, DC; Conservation International, Arlington, VA

Abstract A heated debate has recently emerged between tiger farmers and conservationists about the potential consequences of lifting the ban on trade in farmed tiger products in China. This debate has caused unfounded speculation about the extent of the potential market for tiger products. To fill this knowledge gap, we surveyed 1,880 residents from a total of six Chinese urban areas to understand Urban Chinese tiger consumption behavior, knowledge of trade issues and attitudes conservation. We found that 43% of respondents had consumed product alleged to contain tiger parts. Within this user-group, 71% said that they preferred wild products over farmed ones. The two predominant products used were tiger bone plasters (38%) and tiger bone wine (6.4%). *

This study was originally published in PLoS ONE 3(7) (2008). Formatting and references were changed to the style and citation requirements of the WILDCAT CONSERVATION LEGAL AID SOCIETY. ‡ Adam Dutton, Department of Zoology, Oxford University, Oxford; Grace Gabriel, International Fund for Animal Welfare, Yarmouth Port, MA; Barney Long, World Wildlife Fund, Washington, DC; John Seidensticker, National Zoological Park, Smithsonian Institution, Washington, DC; Belinda Wright, Wildlife Protection Society of India, New Delhi; Wang You, Horizon key, Beijing; Li Zhang, College of Life Sciences, Beijing Normal University, Beijing.


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Eighty-eight percent of respondents knew that it was illegal to buy or sell tiger products, and ninety-three percent agreed that a ban in trade of tiger parts was necessary to conserve wild tigers. These results indicate that while Urban Chinese people are generally supportive of tiger conservation, there is a huge residual demand for tiger products that could resurge if the ban on trade in tiger parts is lifted in China. We suspect that the current supply in the market is met by fakes or substitutes branded as tiger medicines, but not listing tiger as an ingredient. We suggest that the Traditional Chinese Medicine community should consider rebranding these products as bone-healing medicines in order to reduce the residual demand for real tiger parts over the long-term. The lifting of the current ban on trade in farmed tiger parts may cause a surge in demand for wild tiger parts that consumers say are better. Because of the low input costs associated with poaching, wild-sourced parts would consistently undercut the prices of farmed tigers that could easily be laundered on a legal market. We therefore recommend that the Chinese authorities maintain the ban on trade in tiger parts, and work to improve the enforcement of the existing ban.

Introduction Wild tigers face unprecedented threats today, including reduction in habitat, depletion of prey and continued poaching. However, many tiger specialists agree that wild tigers face no greater threat than China’s consideration of legalizing the trade in tiger products. 1 Recent reports have found that tiger-occupied tiger habitat has shrunk by as much as 41% in the last 10 years. 2 At the same time, Asia’s 14 tiger-range countries 3 have experienced explosive growth in their human populations, which have doubled 1 E. DINERSTEIN, ET AL., The Fate of Wild Tigers, 57 BioScience 508–514 (2007). 2 Id. 3 J. SEIDENSTICKER, ET. AL., RIDING THE TIGER: TIGER CONSERVATION IN HUMANDOMINATED LANDSCAPES, (Cambridge University Press 2007).


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since 1965, reaching 3.2 billion in 2005. 4 Economic growth in these countries also saw a doubling in average per-capita GDP between 1999 and 2006, leading to expanding markets fueled by increasingly wealthy consumers. 5 In addition to loss and fragmentation of tiger habitat due to clear cutting for timber, conversion to agriculture, mining and infrastructure, Asia’s rural poor are penetrating further into forests to harvest key tiger prey species such as deer and wild pigs. 6,7 Some tigers are killed as for livestock depredation, but the primary direct threat to tigers is poaching by hunters to supply the lucrative black market in tiger skins and bones for ornamentation and health remedies respectively. 8 Recent press reports from Malaysia, Vietnam and China also point to the widespread occurrence of illegal markets for tiger meat. Between 1990 and 1992, China recorded exporting 27 million units of tiger products. 9 In 1993, China banned its domestic trade in tiger bones and their derivatives to help implement the international tiger trade ban already in place under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). China’s 1993 ban closed down a significant legal industry in tiger bones and medicines made from tiger bones. At first, the ban was resisted by the traditional Chinese medicine (TCM) industry, but in time the traditional Chinese medicine community adapted, finding effective alternatives and embracing support of tiger conservation as both necessary and a social responsibility in keeping with its core 4

World population prospects: The 2006 revision population database. POPULATION DIVISION OF THE DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS OF THE UNITED NATIONS SECRETARIAT (2007) available at http://esa.un. org/unpp/. 5 National Accounts Main Aggregates Database (2007) available at http://unstats.un.org/unsd/snaama/ dnllist.asp. 6 N. SODHI, ET. AL., Southeast Asian biodiversity: an impending disaster, 19 TRENDS IN ECOLOGY AND EVOLUTION 655 (2004). 7 K. U. KARANTH, ET. AL., Tigers and their prey: Predicting carnivore densities from prey abundance, 101 NATIONAL ACADEMY OF SCIENCE 4854–4858 (2004). 8 P. YONZON, The illicit trade of megavertebrates of Asia, CONSERVATION BIOLOGY IN ASIA (J. McNeely, et al., eds., 2006). 9 J. MILLS & P. JACKSON, KILLED FOR A CURE: A REVIEW OF THE WORLDWIDE TRADE IN TIGER BONE, (Traffic International 1994).


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premise of harmony with nature. 10 A 2005 TRAFFIC survey of over 600 TCM shops in China found that the supply of tiger products had indeed dropped, and that fewer than 3% of shops claimed to stock tiger products compared with the 18% that did so in 1994. 11 Despite these promising developments, poaching of tigers in India and Nepal, and trafficking in their skins and bones saw an increase in the early 2000s. Investigators from the Environmental Investigation Agency, the Wildlife Protection Society of India and other conservation organizations documented an expanding market for tiger skins for use in traditional robes used in the pan-Tibetan region of China, accounting for some of the resurgence in tiger poaching. 12 The rapid growth in demand from this market was linked to large seizures of tiger bone made in 2004 and 2005 in India and Nepal, marking a significant surge following a four-year lull in seizures. In 2005, researchers in India found that every tiger had been poached from Sariska Tiger Reserve, which had until then, been considered well protected and held 22 tigers in 2001, according to Project Tiger statistics. 13 An India-wide tiger census that followed found that there were just 1,165 to 1,657 tigers remaining in India by 2007, about half of 2002 estimates. This drove down estimates of all remaining wild tigers to 3,600– 4,600. 14 In Indonesia too, evidence for a flourishing trade in tigers and tiger parts was documented during investigations by 10

G. HEMLEY & J. MILLS, The beginning of the end of tigers in trade? RIDING THE TIGER: TIGER CONSERVATION IN HUMAN-DOMINATED LANDSCAPES (J. Seidensticker, et al., eds., 1999). 11 K. NOWELL & X. LING, TAMING THE TIGER TRADE, (TRAFFIC East Asia 2007). 12 D. BANKS & B. WRIGHT, SKINNING THE CAT: CRIME AND POLITICS OF THE BIG CAT SKIN TRADE, (Environmental Investigation Agency & Wildlife Protection Society of India 2006). 13 Sariska tigers missing or dead? (2005) available at http://www.hinduonnet.com/2005/03/12/stories/2005031201191300.htm. 14 J. SEIDENSTICKER, ET AL., How Many Wild Tigers Are There? An Estimate for 2007, TIGERS OF THE WORLD: THE SCIENCE, POLITICS, AND CONSERVATION OF PANTHERA TIGRIS (P. Nyhus & R. Tilson eds., 2d ed. forthcoming 2010).


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TRAFFIC in between 1999 and 2002. 15 These surveys were repeated in 2006 and highlighted the continued prevalence of open tiger trade, and they uncovered supply chains to China. The situation was further complicated when businessmen who were already farming tigers in China petitioned China’s central government to lift the 1993 ban on tiger trade to allow trade in products made from farmed tigers. Many tiger conservationists believe that re-igniting demand for tiger parts and products among China’s 1.4 billion consumers would increase poaching of wild tigers because the demand for wild tiger parts would not be satisfied by these farmed tigers for two reasons; 1) medicine made from wild tigers are believed to be more effective according to the ancient tenets of traditional Chinese medicine, and 2) the demand for tiger products cannot be met from farms alone. Furthermore, a legal market of any kind would allow laundering of poached tiger products that would be virtually undetectable. 16 The 171 CITES member nations share these concerns and decided by consensus in June 2007 that “…tigers should not be bred for trade in their parts and derivatives.” 17 These developments have lead to polarized arguments about the potential effects on wild tigers of reopening trade in products from farmed tigers. There is speculation on both sides about latent demand for tiger products in China, consumer behavior, and preferences for wild versus farmed tiger parts. 18 In order to fill these knowledge gaps, Save The Tiger Fund commissioned a survey of the adult urban population in seven major Chinese cities to gather crucial baseline information on consumer behavior, demand and attitudes towards tigers and the use of their parts and derivatives. China’s urban population was selected as the target survey population because 43% of China’s 15

C. R. Shepherd & N. Magnus, NOWHERE TO HIDE: THE TRADE IN SUMATRAN TIGER, (2004). 16 B. GRATWICKE, ET AL., The World Can’t Have Wild Tigers and Eat Them, Too, 22 CONSERVATION BIOLOGY (2007). 17 CITES, Decisions of the Conference of the Parties to CITES in effect after the 14th meeting (2007). 18 GRATWICKE, supra note 16.


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1.4 billion people live in urban areas, and their disposable income levels grew by 60% between 2000 and 2005. 19 In 2005, their mean annual disposable incomes per capita ($1,490) were three times higher than those of their rural counterparts, 20 who are less likely to be able to afford products made from tigers or get access to them.

Methods A total of 1,880 adult residents in seven Chinese cities were interviewed in April or May 2007 by Horizon key, an independent Chinese polling and research company. Demographic characteristics of respondents are listed in Appendix S1. The cities included: Kunming (n = 254); Guilin (n = 278); Harbin (n = 265); Chengdu (n = 269); Guangzhou (n = 273); Shanghai (n = 270); and Beijing (n = 271). Following methods in, 21 a stratified survey design was chosen to randomly select neighborhood committees within each city. (A neighborhood committee is a formal organizational tier of local governance nested within a municipality). 22 Within each neighborhood committee, households were selected randomly. Once a sample household was identified, face-to-face interviews were conducted with randomly selected household members who: had lived in that location for at least 1 year; were 18 years or older; had not participated in any other surveys in the past six months; and were unrelated to, or friends with, any employee of Horizon or any other polling company. Respondents were presented with a gift to thank them for their participation after the 35–45 minute interview. The original survey data set consisted of 315 potential responses that captured a comprehensive snapshot of respondent’s tiger consumption behavior, attitudes towards tiger 19 2006 Population Census Statistics, available at http://www.stats.gov. cn/english/. 20 Id. 21 J. KISH, STATISTICAL DESIGN FOR RESEARCH: WILEY (1987). 22 X. CHEN & J. SUN, SOCIOLOGICAL PERSPECTIVES ON URBAN CHINA (2006).


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conservation and key demographic variables. We narrowed down the dataset to a few variables of key interest and analyzed the data provided by Horizon. The main focus of this analysis is to understand tiger consumption behavior, the demographics of tiger consumption, knowledge about tiger trade issues and laws, and attitudes towards wild tiger conservation. Straightforward tallies of attitudes and consumption rates were made, with no weighting of data from different sized cities. For demographic variables including age, sex, education and income levels, null hypotheses of ‘no difference’ were tested using SPSS 14.0. After testing for assumptions of normality, means were statistically compared using one-way ANOVAs, and homogeneous subsets were determined using post-hoc Tukey HSD tests. This paper summarizes our main findings.

Results Consumption Patterns 43% of all respondents had used some product thought to contain tiger derivatives (FIGURE 1), and 90% of these consumers stated that they had used tiger products since 1993, which is when China banned the sale of tiger bone and its derivatives. There was no way to verify whether consumers were using products that actually contained tiger derivatives, but 85% of consumers who had used tiger products admitted that they did not know whether the product they used was fake. Three percent of these consumers believed that the product they were using was fake. Tiger bone plasters, applied externally for aches and pains, were by far the most popular product used by 38% of respondents (FIGURE 1). (Plasters are externally applied poultices containing a concoction of aromatic herbs and, sometimes contain animal derivatives such as tiger bone.) Of the respondents who had used tiger-bone plasters 60% had used the product in the last two years. The only other alleged tiger product consumed by a significant number of respondents was tiger bone wine, which 6.4% of respondents claimed to have used. Of these, 52% said they consumed tiger bone wine in the past two years. Tiger bone


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wine was used equally as a medicine and as a health tonic. (In this study medicinal use was defined as use to cure an illness, while a tonic use was primarily to promote general health and wellbeing.) Both tiger bone plasters and tiger-bone wine were principally used to treat bone and joint-related conditions, such as arthritis and rheumatism, but tiger-bone wine was also taken as a tonic to increase sexual capacity (TABLE 1). Older people were significantly more likely (F2,1879 = 55.41 p<0. 001) to be consumers of tiger products than younger people, and women were more likely to use tiger-bone plasters than men (F1,1879 = 7.21- p<0.007) (TABLE 2). There was no significant difference in the likelihood of consumption of tigerbone plasters between income groups (F2,1769 = 0.42, p<0.65) but consumption of tiger-bone wine was only prevalent among wealthier consumers (F2,1769 = 0.24, p<0.02). Tiger consumption prevalence also varied significantly (F6,1879 = 52.12, p<0.001) depending on the city, with Chengdu and Shanghai being the consumption hot spots (FIGURE 2). A strong majority, 71%, of consumers said they preferred to use tiger products from wild tigers over captive-bred tigers, while 7.6% said they preferred to use products from captive-bred tigers. This result was mirrored by the results to a question posed to all respondents ‘‘Which is more valuable [as a medicine], wild or farmed tigers?’’ In answer, 78% of respondents said that wild tigers were more valuable than farmed ones, and just 2% claimed that farmed tigers were more valuable. When questioned about substitutes, 54% of consumers said they were willing to use tigerbone substitutes, while 30% said they were not.

Attitudes and Knowledge Most respondents were supportive of tiger conservation. 96% of respondents thought it was important to protect wild tigers, and 60% understood that restricting trafficking and regulating tiger trade were important actions that the government should undertake to save wild tigers (TABLE 3). At the same


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time, the status of tigers in the wild was poorly understood. About a third, 32%, of respondents knew that there were fewer than 5,000 wild tigers, and only 10% knew that there were fewer than 50 wild tigers left in China (TABLE 3). With regard to laws related to tiger trade, 80% of respondents had not specifically heard of the 1993 state circular banning trade in tiger bone and rhino horn. However, only 12% thought that it was legal to sell tiger products (TABLE 4). Most respondents felt it was important to protect tigers and that enforcing laws regulating trade were needed to protect wild tigers (TABLE 4). Nearly all respondents, 93%, agreed that the government should continue to ban the trade in wild tiger parts with 58% agreeing strongly and 35% agreeing somewhat. There was no significant relationship between a respondentâ&#x20AC;&#x2122;s tiger consumption behavior and his or her level of support of the government trade ban (one-way ANOVA, F5,1879=2.1, p<0.06), but there was a trend with the people most strongly disagreeing with the trade ban being more likely to consume tiger products. 53% of the 13 people strongly disagreeing with the trade ban were consumers; 35% of the 42 people somewhat disagreeing were consumers; 47% of the 664 people somewhat agreeing with the ban were consumers, but only 40% of the 1,089 people agreeing strongly were consumers. The remaining 72 people either did not know or refused to answer.

Discussion ~

General Consumption Patterns

A total of 43% of respondents (807) said they had used a product claiming to contain tiger parts. Ninety-three percent of these consumers had last consumed the alleged tiger product after the 1993 tiger trade ban went into effect. On this occasion no special technique was used to encourage an honest answer to these sensitive questions. It is therefore reasonable to surmise that the 40% admitting to carrying out an illegal activity is likely to be


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an underestimate of the total. Within the group of self-described consumers, 71% expressed a preference for wild tiger products. In the context of this preference for products from wild tigers, it should be noted that the sale of products from the bones of a single wild caught tiger can be in the range of US$1,250â&#x20AC;&#x201C; 3,750 per kilogram, with an average of 20 kg of bones per tiger. 23 Considering the average per capita GDP in tiger-range countries is US$1,878 24 this provides ample incentive for poachers and smugglers to continue to catch and trade wild-caught tigers. Moreover, it is worth noting that the cost of raising a tiger in captivity is conservatively estimated to be US$4,000 25 which has two significant consequences: 1) that it is always going to be more cost effective to poach wild tigers than to breed and raise them in captivity, and 2) that the average person in tiger-range countries cannot afford to raise tigers whereas they can afford the minimal costs that it takes to poach a wild tiger. In addition to this, without very strong enforcement and monitoring, the added economic benefit of laundering wild caught tigers through legal farming operations will always remain high enough for it to remain a threat to wild tiger populations.

~

Tiger-Bone Plasters

The majority of tiger product consumers, 88%, admitted having used tiger-bone plasters, and 60% of these said they used plasters in the past two years. People from all income groups used tiger-bone plasters, with the highest demand among older consumers and women. This is probably because older people tend to suffer from bone degeneration and arthritis and postmenopausal women are known to have higher incidences of

23

NOWELL, supra note 11. Supra note 5. 25 E. LAPOINTE, ET AL., TIGER CONSERVATION: ITâ&#x20AC;&#x2122;S TIME TO THINK OUTSIDE THE BOX, (IWMC World Conservation Trust 2007). 24


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rheumatoid arthritis and osteoporosis 26 which are primary ailments for which tiger-bone plasters are used. It is common to find the tiger’s image on plasters but the plasters do not list tiger bone as an ingredient, because that would be illegal. One study found that out of seven brands of plasters tested, none contained even traces of tiger bone. 27 In a 2005– 2006 survey of 518 traditional medicine stores in China, no plasters listing tigers as an ingredient were found. 28 Therefore, one can probably assume that the bulk of plasters consumed by survey respondents did not contain tiger bone. It is interesting to note that despite the likely prevalence of fake products in the market, only 3% of the consumers believed that their products they purchased were fakes. Another 12% believed the products were real, while 85% were unsure whether the products used actually contained tiger ingredients. Since such a high percentage of people did not know whether or not tiger-bone plaster contained tiger bone ingredients or not, this may be an opportunity to engage the TCM industry to re-brand these plasters as bone-healing plasters, rather than tiger-bone plasters. This could relieve people’s reservations about the legality of the product in question.

~

Tiger-Bone Wine

Only 6.4% of survey respondents claimed to have consumed tiger bone wine. Unlike tiger-bone plasters, tiger-bone wine was used equally as a medicine and a tonic. The primary reasons for use of tiger-bone wine were for bone-related conditions and to ‘improve sexual capacity.’ Consumers of tiger bone wine were primarily from wealthier income brackets possibly due to the high costs of the product which range from 26

P. SAMBROOK, ET AL., Sex hormone status and osteoporosis in postmenopausal women with rheumatoid arthritis, 31 ARTHRITIS AND RHEUMATISM 973–997 (1988). 27 J. WETTON, ET AL., An extremely sensitive species-specific ARMS PCR test for the presence of tiger bone DNA, 126 FORENSIC SCIENCE INTERNATIONAL 137– 144 (2002). 28 NOWELL, supra note 11.


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US$63 to US$124 for a 500 ml bottle, depending on how long the bones have been steeped in alcohol. 29 Some tiger farms in China sell ‘‘bone protecting wine’’ in tiger shaped bottles, which are touted by staff as containing authentic tiger bone. The manufacturers use a name that sounds like the word ‘‘tiger’’ but is written differently. 30 Labels sometimes list Panthera leo, the Latin name for lion, as an ingredient. Sale of products made with lion bone are not banned in China. Tests of some of this wine proved inconclusive because the DNA was too degraded to determine whether bones from cats of any kind were used. 31

Conclusions One of the most striking consumption patterns documented in this survey is that 43% of respondents said they had used a product claiming to contain tiger parts and most had done so during a time when the sale of any products containing tiger bone was illegal in China. Within this group of selfdescribed consumers, 71% expressed a preference for wild tiger products, representing a huge potential market for wild-sourced tiger bone products if the sale of products from farmed tigers were legalized in China. Given that wild and farmed tiger products are indistinguishable, products from wild tigers could easily be ‘‘laundered’’ into a legal market, and vice-versa to satisfy either preference. This laundering opportunity coupled with the low overhead costs for ‘‘producing’’ a poached tiger, which can be less than US$20 in some range states, would very likely pose a significant incentive to poach wild tigers. Critically, this study suggests that the potential market for tiger products in Chinese urban areas is enormous with 43% of Chinese urban adults over the age of eighteen representing a

29

MADE IN CHINA - FARMING TIGERS TO EXTINCTION, IFAW (2007). Id. 31 NOWELL, supra note 11. 30


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potential market of 157 million people. 32 If China were to legalize the trade in tiger parts, it is unlikely that supplies from a captive population of around 5,000 tigers could effectively flood a market of this size such that demand for wild caught tigers would be diminished. Furthermore, the clear preference for products from wild caught tigers shows that even if the demand for tiger products could be met from farmed tigers, a demand for wild caught tigers would remain. This is a critical point because the opening up of a legal trade would make it significantly more difficult to police the illegal trade as wild caught tigers and their products could be laundered through legal establishments. The results of this survey show that there remains a large trade in tiger products in China (whether they are genuine or not is for this argument irrelevant) despite this trade being illegal under the government’s total ban. A total ban is a fairly simple regulatory mechanism to enforce, but given the high levels of tiger poaching in range-countries, apparently for Chinese markets it is clear that improvements need to be made. There is no reason to expect that even more complex legislation allowing markets for farmed tigers could stop indistinguishable wild-sourced tiger parts from entering the legal trade. Therefore the lifting of any ban on trade in tiger parts should not be considered and enforcement of the existing bans in tiger-range and consuming countries should be improved to a level where all illegal trade is stopped. While the number of respondents claiming to have used tiger products (43%) shows a significant latent market for real tiger products— from legal and/or illegal sources—it is heartening to note that nearly all (93%) support China’s tiger trade ban for the sake of protecting wild tigers and China’s international image.

32

Supra note 4.


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FIGURE 1. SURVEY OF TIGER PRODUCT CONSUMPTION IN CHINESE URBAN AREAS. WHERE APPLICABLE, RESPONDENTS WERE ASKED TO SPECIFY IF THE PRODUCT WAS PRIMARILY USED AS A MEDICINE, OR AS A HEALTH TONIC. IN THIS STUDY WE DEFINE MEDICINE AS A SUBSTANCE USED TO CURE AN ILLNESS, WHILE A TONIC IS A SUBSTANCE USED TO PRIMARILY TO PROMOTE GENERAL HEALTH AND WELL BEING.


TABLE 1. RESPONDENTS WERE ASKED TO SELECT THE MAIN REASON(S) FOR USE FROM A LIST OF 10 TEN REASONS;

*HYPEROSTEOGENY IS A TCM TERM REFERRING TO OSTEOPOROSIS OR FRAGILE BONES.

HENCE CUMULATIVE TOTALS MAY EXCEED 100%.

Attitudes Toward Consumption and Conservation of Tigers in China

TABLE 1.

57


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T A B L E 2.


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F I G UR E 2. THE PREVALENCE OF TIGER CONSUMPTION BY RESIDENTS OF 7 CHINESE CITIES. PREVALENCE OF CONSUMPTION WAS SIGNIFICANTLY DIFFERENT BETWEEN CITIES (ONE WAY ANOVA, 6DF, P<0.001). A POST-HOC TUKEY HSD TEST SPLIT THE CITIES INTO THE FOLLOWING HOMOGENEOUS SUBSETS: A) SHANGHAI AND CHENGDU; B) HARBIN AND BEIJING; C) KUNMING, GUILIN AND GUANGZHOU.


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TABLE 3.

T A B L E 4.


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T A B L E 4.

*APPLICANTS COULD SELECT MULTIPLE RESPONSES, THUS TOTALS MAY EXCEED 100%.


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Sport Hunting, Predator Control and Conservation of Large Carnivores

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SPORT HUNTING, PREDATOR CONTROL AND CONSERVATION OF LARGE CARNIVORES* Craig Packer and Margaret Kosmala et al. â&#x20AC; Department of Ecology, Evolution and Behavior University of Minnesota, Saint Paul, MN

Abstract Sport hunting has provided important economic incentives for conserving large predators since the early 1970s, but wildlife managers also face substantial pressure to reduce depredation. Sport hunting is an inherently risky strategy for controlling predators as carnivore populations are difficult to monitor and some species show a propensity for infanticide that is exacerbated by removing adult males. Simulation models predict population declines from even moderate levels of hunting in infanticidal species, and harvest data suggest that African countries and U.S. states with the highest intensity of sport hunting have shown the steepest population declines in African lions and cougars over the past 25 years. Similar effects in African leopards may have been masked by mesopredator release *

This study was originally published in PLoS ONE 4(6) (2009). Formatting and references were changed to the style and citation requirements of the WILDCAT CONSERVATION LEGAL AID SOCIETY. â&#x20AC; Hilary S. Cooley, Wildlife Demographics, Logan, UT; Henry Brink, Durrell Institute of Conservation and Ecology, Kent University, Canterbury; Lilian Pintea, The Jane Goodall Institute, Arlington, VA; David Garshelis, Minnesota Department of Natural Resources, Grand Rapids, MN; Gianetta Purchase, The Zambesi Society, Bulawayo, Zimbabwe; Megan Strauss and Alexandra Swanson, Department of Ecology, Evolution and Behavior, University of Minnesota, Saint Paul, MN; Guy Balme and Luke Hunter, Panthera, New York, NY; Kristin Nowell, Cat Action Treasury, Cape Neddick, ME.


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owing to declines in sympatric lion populations, whereas there is no evidence of overhunting in non-infanticidal populations of American black bears. Effective conservation of these animals will require new harvest strategies and improved monitoring to counter demands for predator control by livestock producers and local communities.

Introduction Management agencies typically skew harvests toward males in order to protect adult females. However, in species with extensive paternal investment such as African lions (Panthera leo), trophy hunting can increase the rate of male replacement (and associated infanticide) to the point of reducing population size unless offtakes are restricted to males old enough to have reared their first cohort of dependent offspring (>5–6 years of age). 1, 2, 3 Solitary felids have none of the “safety nets” provided by the cooperative cub rearing strategies of African lions, 4, 5 and FIGURE 1 (a-b) illustrates the greater vulnerability of solitary species by examining the effects of trophy hunting on a hypothetical population of “solitary lions” while leaving other demographic parameters unchanged. 6, 7 Leopards (Panthera pardus) may be more sensitive to sport hunting than solitary lions (with a safe minimum age of 6–7 years of age (FIGURE 1 (c)),

1

K. WHITMAN, ET AL., Sustainable trophy hunting in African lions, 428 NATURE 175–178 (2004). 2 C. GREENE, ET AL., Animal breeding systems, hunter selectivity, and consumptive use in wildlife conservation, BEHAVIORAL ECOLOGY AND CONSERVATION BIOLOGY (T. Caro, ed. 1998). 3 A. J. LOVERIDGE, ET AL., The impact of sport-hunting on the population dynamics of an African lion population in a protected area, 134 BIOLOGICAL CONSERVATION 548–558 (2007). 4 C. PACKER, ET AL., A molecular genetic analysis of kinship and cooperation in African lions, 351 NATURE 562–565 (1991). 5 C. PACKER, ET AL., Egalitarianism in female African lions, 293 SCIENCE 690– 693 (2001). 6 WHITMAN, supra note 1. 7 See TABLE S1; V. Grimm, et al., Importance of buffer mechanisms for population viability analysis, 19 CONSERVATION BIOLOGY 578–580 (2005).


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whereas cougar (Felis concolor) males can be safely harvested as young as 4 years of age (FIGURE 1 (d)). We tested whether infanticidal species are vulnerable to overhunting by focusing on four large carnivore species with sizable markets for sport-hunted trophies, comparing three infanticidal felids: lions, cougars, and leopards to American black bears (Ursus americanus). We used black bears as a control case because males do not kill cubs in order to increase mating opportunities (sexually selected infanticide – SSI), so rates of infanticide are not increased by male-biased trophy hunting; in fact, among ursids, SSI has been documented in only one population of European brown bears (U. arctos). 8 We extracted data from the UNEP World Conservation Monitoring Centre (WCMC) CITES trade database. Data on total trophy harvests of lions and leopards are not available, so we used CITES-reported exports, which in cougars and black bears were highly correlated with domestic sport-hunting totals (FIGURE S1); likewise CITES-reported trade in Tanzania’s lion trophies showed a close match between imports and exports. Given sustained market demand, harvest trends should provide a reasonable proxy of population trends since sport hunters use intensive methods such as baits and hounds to locate these animals, and quotas on annual offtakes are either too high to limit harvests or for black bears, reflect the management agency’s perception of population trend. 9

8

J. E. SWENSON, ET AL., Infanticide caused by hunting of male bears, 386 NATURE 450–451 (1997); B. N. MCLELLAN, Sexually selected infanticide in grizzly bears: the effects of hunting on cub survival, 16 URSUS 141–156 (2005); S. M. CZETWERTYNSKI, ET AL., Effects of hunting on demographic parameters of American black bears, 18 URSUS 1–18 (2007). 9 H. HRISTIENKO & J.E. MCDONALD, JR., Going into the 21st century: a perspective on trends and controversies in the management of the American black bear, 18 URSUS 72–88 (2007).


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Results FIGURE 2 shows the annual CITES exports for lions and leopards and U.S. offtakes of cougars and black bears. The reported number of trophies increased rapidly across all four species as markets grew during the 1980s and 1990s. 10, 11 Offtakes have continued to increase for black bears, reflecting the sustained growth of bear populations throughout North America. 12 Leopard offtakes reached an asymptote in most countries, except for declines in Zambia in the 1980s and Zimbabwe in the 1990s and a recent CITES-granted increase to Namibia. In contrast, lion offtakes peaked then fell sharply in the 1980s and 1990s in Botswana, Central African Republic, Namibia, Tanzania, Zambia and Zimbabwe. Cougar offtakes showed similar peaks and declines in the 1990s in Arizona, Colorado, Idaho, Montana, and Utah (FIGURE 2). The downward harvest trends for lions and cougars (FIGURE S2) most likely reflected declining population sizes: success rates, as measured by harvest/quota, have fallen for both cougars and lions (FIGURE S3). Demand for lion trophies, as measured by total imports from across Africa, has grown in the U.S. and held stable in the EU since the mid-1990s, and sustained in recent years by imports of trophies of captive-bred lions from South Africa (FIGURE S3). 13 Several countries instituted temporary bans on lion trophy hunting: Botswana in 2001–2004, Zambia in 2000–2001, and western Zimbabwe in 2005–2008 or banned female lions from quota: Zimbabwe, starting in 2005; but these measures were implemented well after the major decline in lion offtake in each country. The harvest trends are also 10 B. CHILD, Parks in Transition: Biodiversity, Rural Development and the Bottom Line, EARTHSCAN. 11 R. BARNETT & C. PATTERSON, Sport hunting in the SADC region: An overview, TRAFFIC (2006) available at http://www.traffic.org/generalreports/traffic_pub_gen8.pdf. 12 D. L. GARSHELIS & H. HRISTIENKO, State and provincial estimates of American black bear numbers versus assessments of population trend, 17 URSUS 1–7 (2006). 13 BARNETT, supra note 11; See also A. KNAPP, A review of the European Union’s import policies for hunting trophies, TRAFFIC (2006).


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consistent with recent surveys suggesting a 30% continent-wide population decline in African lions 14 and declining cougar populations in several U.S. states. 15 Conversely, black bear populations appear to be increasing across their range, 16 even in states where cougar populations have declined (FIGURE 2). Although not apparent from most hunting offtakes, leopards have undergone an estimated range decline of 35% in Africa 17 and were recently listed as Near Threatened by IUCN due to habitat loss, prey depletion, illegal skin trade, and problem animal conflicts. 18 Trophy hunting is likely to have contributed to the declines in lion and cougar populations in many areas. Over the past 25 years, the steepest declines in cougar and lion harvests occurred in jurisdictions with the highest harvest intensities (FIGURE 3 (a)). Similarly, hunting blocks with the highest lion offtakes per 1000 km2 in Tanzania’s Selous Game Reserve, showed the steepest declines between 1996 and 2008 (r2 = 0.26, n= 45 blocks, P= 0.0004). The Selous is the largest uninhabited hunting area in Africa (55,000 km2) and has long been the premier destination for lion trophies. Across jurisdictions, declining harvests were unrelated to habitat loss for either lions or cougars (FIGURE 3 (b)) or to snow conditions for cougars. We modified our population simulation models to estimate impacts of sport hunting in a changing environment and found that habitat loss only imposes an additive effect on the impact of trophy hunting (FIGURE S4). Note that habitat loss in many African 14

Conservation Strategy for the lion (Panthera leo) in Eastern and Southern Africa, IUCN (2006) available at http://www.felidae.org/JOBURG/Lion_E_Sweb1.pdf. 15 C. M. S. LAMBERT, ET AL., Cougar population dynamics and viability in the Pacific Northwest, 70 JOURNAL OF WILDLIFE MANAGEMENT 246–254 (2006); D. C. STONER, ET AL., Cougar exploitation levels in Utah: implications for demographic structure, population recovery, and metapopulation dynamics, 70 JOURNAL OF WILDLIFE MANAGEMENT 1588–1600 (2006). 16 GARSHELIS, supra note 12. 17 J. C. RAY, ET AL., Setting Conservation and Research Priorities for Larger African Carnivores, (Working Paper) 24 WILDLIFE CONSERVATION SOCIETY 1– 203 (2005). 18 IUCN Red List of Threatened Species (2008) available at http://www.iucnredlist.org.


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nations has been so extensive (FIGURE 3 (b)) that lion offtakes have failed to recover for 10-20 years following the peak harvest years except in Namibia. Although trophy hunting of lions and cougars is often portrayed as an economic strategy for increasing support for carnivore conservation, local communities often seek extirpation of problem animals. 19 Thus, sport hunting quotas may sometimes reflect pressures to control carnivores rather than to conserve them. Across Africa, countries with the highest intensity of lion offtake also had the highest number of livestock units per million hectares of arable land (P=0.047, n=7). In the U.S., Oregon announced plans in 2006 to reduce its cougar population by 40% to decrease depredation on livestock, pets and game mammals, 20 Washington altered its cougar quotas in response to humanwildlife conflicts in the 1990s and 2000s, and recent offtakes have exceeded government sanctioned eradication programs in several states. For example, Utah’s sport-hunting cougar harvests averaged 500 per year in 1995 through 1997 compared to peak culls of 150 per year in 1946 through 1949, 21 and Montana sport hunters harvested 800 per year in 1997 through 1999 versus, 140 year in the peak “bounty” years of 1908 through 1911. 22 Likewise, South Africa exported 120 leopard trophies per year in 2004 through 2006, similar to the cull of 133 leopards per year in

19

IUCN, supra note 14; See also R. WOODROFFE, Strategies for carnivore conservation: lessons from contemporary extinctions, CARNIVORE CONSERVATION (J. L. Gittleman et al., eds. 2001); C. PACKER, ET AL., Ecology: Lion attacks on humans in Tanzania, 436 NATURE 927–928 (2005); B. M. KISSUI, Livestock predation by lions, leopards, spotted hyenas, and their vulnerability to retaliatory killing in the Maasai steppe, 11 TANZANIA ANIMAL CONSERVATION 422–432 (2008). 20 2006 OREGON COUGAR MANAGEMENT PLAN, OREGON DEPARTMENT OF FISH AND WILDLIFE available at http://www.azgfd.gov/pdfs/w_c/bhsheep/OregonCougarManagementPlan2006.p df. 21 1999 Utah Cougar Management Plan, UTAH DIVISION OF WILDLIFE RESOURCES. 22 S. J. RILEY, ET AL., Dynamics of early wolf and cougar eradication efforts in Montana: Implications for conservation, 119 BIOLOGICAL CONSERVATION 575– 579 (2004).


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Cape Province, which covered most of the country, during 19201922. 23 FIGURE 4 shows the potential consequences of coupling a 40% cull of cougars with intensive sport hunting if the control program only targets males (reflecting traditional trophy hunting), removes males and females in proportion to their abundance, or only removes adult females. FIGURE 4 (adg) show population trends for the maximum fixed offtakes that never resulted in population extinctions during 20 simulations, whereas FIGURE 4 (beh) show the minimum fixed harvests that caused extinction in all 20 runs (often within 10 years of an initial decline). FIGURE 4 (cfi) show the consequences of applying the maximum “safe” offtakes if the population were inadvertently culled by 50% because of inaccurate population estimates. Consistent with population viability analyses, 24 a female only harvest comes closest to maintaining a persistent population reduction; a mixed male-female strategy allows the largest number of trophies to be harvested; a male-only harvest never maintains a 40% reduction in population size and has the smallest margin of error (male-only harvests can have catastrophic effects even in non-infanticidal species). 25 These simulations assume a fixed harvest whereas many wildlife agencies reduce their quotas in response to lowered offtakes (FIGURE S3). 26 However, offtakes may often be maintained at constant levels through compensatory increases in hunting effort, running the risk of an “anthropogenic Allee 23 W. BEINART, The night of the jackal: sheep, pastures and predators in the Cape, 158 PAST AND PRESENT 172–206 (1998). 24 C. M. LAMBERT, ET AL., Cougar population dynamics and viability in the Pacific Northwest, 70 JOURNAL OF WILDLIFE MANAGEMENT 246–254 (2006); D. A. MARTORELLO & R. A. BEAUSOLEIL, Characteristics of cougar populations with and without the use of dogs, Proceedings of the Seventh Mountain Lion Workshop, WYOMING GAME AND FISH DEPARTMENT (S. A. Becker, et al., eds., 2003). 25 E. J. MILNER-GULLAND, ET AL., Reproductive collapse in saiga antelope harems, 422 NATURE 135 (2003). 26 See also C. R. ANDERSON & F. G. LINDZEY, Experimental evaluation of population trend and harvest composition in a Wyoming cougar population, 33 WILDLIFE SOCIETY BULLETIN 179–188 (2005).


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effect.” 27 Hunters in Zambia, Zimbabwe, and Tanzania maintain their lion harvests by shooting males as young as 2 years of age (FIGURE 5). In Zimbabwe, high lion offtakes were sustained from 1995 until 2005 by allowing females on quota, 28 and the duration of lion safaris increased by nearly 18% from 1997 to 2001 (FIGURE S3). Similarly, hounds have been used to hunt leopards in Zimbabwe since 2001, potentially masking a continued population decline.

Discussion Mortality from state-sanctioned and illegal predator control likely contributed to the overall population declines of cougars and lions; while leopards are also killed as pests, the leopard’s CITES Appendix I status requires international approval for national export quotas, potentially providing safeguards against overharvest. However, leopard exports have declined in some countries, quotas have risen in others, and concerns have been raised over the level of problem animal offtakes and the management of leopard hunting practices. 29 Further, leopard populations in many areas may have been “released” 30 by large scale declines in lion numbers: lions inflict

27

F. COURCHAMP, ET AL., Rarity value and species extinction: the anthropogenic Allee effect, 4 PLOS BIOLOGY 2405–2410 (2006); R. J. HALL, ET AL., Endangering the endangered: the effects of perceived rarity on species exploitation, 1 CONSERVATION LETTERS 75–81 (2008). 28 LOVERIDGE, supra note 3. 29 G. A. BALME, The conservation biology of a nominally protected leopard population, UNIVERSITY OF KWAZULU-NATAL (Ph.D. Thesis 2009); G. PURCHASE & C. MATEKE, The state of knowledge regarding leopard (Panthera pardus) in three range states (Mozambique, Zambia and Zimbabwe) in the context of improving management of trophy hunting, Report for the CAMPFIRE ASSOCIATION OF ZIMBABWE (2008); G. A. BALME, ET AL., An adaptive management approach to trophy hunting of leopards Panthera pardus: a case study from KwaZulu-Natal, South Africa, BIOLOGY AND CONSERVATION OF WILD FELIDS (D. W. Macdonald & A. J. Loveridge, eds., forthcoming 2010). 30 K. R. CROOKS & M. E. SOULÉ, Mesopredator release and avifaunal extinctions in a fragmented ecosystem, 400 NATURE 563–566 (1999).


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considerable mortality on leopards; 31 consequently, hunting blocks in Tanzania’s Selous Game Reserve with the highest lion harvest intensities showed the largest increases in leopard harvests (P=0.0059 after controlling for declines in lion offtakes, n = 45 blocks). Thus the full impact of current trophy hunting practices on leopards may not be fully apparent for several more years. Harvest policies for infanticidal species such as lions, cougars, and leopards that relied on “constant proportion” or “fixed escapement” could help protect populations but require accurate information on population size and recruitment rates, which are virtually impossible to collect; a harvest strategy of “constant effort” can more easily be achieved by measuring catch rates and regulating client days. 32 Hunting efficiency could be reduced by banning or limiting the use of baits and hounds, but the absence of direct oversight in remote hunting areas would make enforcement difficult. Alternatively, the age-minimum harvest strategies illustrated in FIGURE 1 could be implemented without risk of over-hunting, assuming that ages can be reliably estimated before the animals are shot 33 rather than afterwards. 34 Unsustainable levels of trophy hunting of lions and cougars appear to be driven by conflicts with humans and livestock: the intensity of lion hunting was highest in countries with the most intensive cattle production, and wildlife managers are under similar pressure from U.S. ranchers to raise cougar offtakes. Thus, an even more fundamental challenge for carnivore conservation will be to build community tolerance for predators

31

T. N. BAILEY, THE AFRICAN LEOPARD: ECOLOGY AND BEHAVIOR OF A SOLITARY FELID, (Columbia University Press 1993). 32 A. R. E. SINCLAIR, ET AL., WILDLIFE ECOLOGY, CONSERVATION AND MANAGEMENT SECOND EDITION, (Blackwell 2006); D. T. HAYDON & J. FRYXELL, Using knowledge of recruitment to manage harvesting, 85 ECOLOGY 78–85 (2004); J. M. FRYXELL, ET AL., Evaluation of alternate harvesting strategies using experimental microcosms, 111 OIKOS 143–149 (2005). 33 K. L. WHITMAN & C. PACKER, A HUNTER’S GUIDE TO AGING LIONS IN EASTERN AND SOUTHERN AFRICA, (Safari Press 2007). 34 J. W. LAUNDRE, ET AL., Aging mountain lions using gum-line recession, 28 WILDLIFE SOCIETY BULLETIN 963–966 (2000).


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by reducing the need for retaliatory predator control and by improving benefit sharing from well managed trophy hunting. 35

Materials and Methods We analyzed trophy exports 36 by using the term “trophy” and restricting the analysis to countries that exported at least 25 trophies of a particular species for at least 2 years from 1982 to 2006 (excluding captive-bred lion trophies from South Africa). Other types of exports (skins) were also analyzed for lions, since non-standard terms are sometimes used by reporting countries, 37 but these did not alter overall export trends. Data on Tanzanian hunting quotas were provided by the CITES office at the Division of Wildlife headquarters in Dar es Salaam; data on duration of hunting safaris in Zimbabwe were from the head office of Parks and Wildlife Management Authority in Harare. Offtake data for black bears and cougars were provided by the Alaska Department of Fish & Game, Arizona Game & Fish Department, California Department of Fish & Game, Colorado Division of Wildlife, Idaho Fish & Game, Minnesota Department of Natural Resources, Montana Fish, Wildlife & Parks, New Mexico Game & Fish, Nevada Department of Wildlife, Oregon Department of Fish & Wildlife, Utah Division of Wildlife Resources, Washington Department of Fish & Wildlife, and Wyoming Game & Fish. Note that all cougar offtakes in California are due to predator control. “Harvest intensity” is the average harvest of the three peak offtake years divided by the extent of habitat in that state or country. Regression coefficients were calculated across the time period beginning with the earliest of the three peak harvests and ending in 2006 for cougars or the last of the three lowest subsequent harvest years for lions (FIGURE S3); percent change is 35

IUCN, supra note 14. See http://www.unep-wcmc.org/citestrade. 37 See, A guide to interpreting outputs from the CITES Trade database, UNEPWCMC (2004). 36


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the regression coefficient divided by the peak harvest. Limited lion and leopard offtake data were available from 1996-2008 in Tanzaniaâ&#x20AC;&#x2122;s hunting blocks; trends were only calculated for blocks reporting >5 years of activity. Cougar habitat is forest cover taken from the National Land Cover Database (NLCD); 38 lion habitat is the extent of GLOBCOVER land classification categories 42, 50, 60, 70, 90, 100, 110, 120, 130, 134, 135, 136, 160, 161, 162, 170, 180, 182, 183, 185, 186, and 187 in each country. 39 Habitat loss is based on change in forest cover in the U.S. from 1990 to 2000 and in woodland/forest habitat in Africa from 1990 to 2005 from FAO Global Forest Resources Assessment 2005. 40 Snow conditions for cougars are taken from Western U.S. Climate Historical Summaries, 41 and African livestock production is taken from Food and Agriculture Organization of the United Nations, 42 using production levels from years of peak lion offtake in each country.

38

See http://www.mrlc.gov/changeproduct.php. See http://postel.mediasfrance.org/en/DOWNLOAD/BiogeophysicalProducts/. 40 See http://www.fao.org/forestry/32185/en/. 41 See http://www.wrcc.dri.edu/Climsum.html. 42 See http://www.fao.org/es/ess/yearbook/vol_1_1/pdf/b02.pdf. 39


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FIGURE 1. AVERAGE NUMBER OF ADULT FEMALES IN POPULATION SIMULATIONS WHERE ALL ELIGIBLE MALES ARE REMOVED DURING A 6-MONTH HUNTING SEASON EACH YEAR FOR 100 YEARS. COLORS INDICATE OUTCOMES FOR DIFFERENT AGE MINIMA FOR TROPHY MALES; EACH LINE INDICATES AVERAGE FROM 20 RUNS. A. POPULATION CHANGES FOR “SOCIAL LIONS” FOLLOW THE ASSUMPTIONS AND DEMOGRAPHIC VARIABLES IN FOOTNOTE 1 EXCEPT TO RESTRICT HUNTING TO 6MONTH SEASONS AND TO INCORPORATE ADDITIONAL DETAILS OF DISPERSAL, 43 B. POPULATION CHANGES FOR A HYPOTHETICAL SURVIVAL AND REPRODUCTION. LION POPULATION WHERE MALES AND FEMALES ARE SOLITARY AND EACH TERRITORIAL MALE CONTROLS ONE FEMALE. C. POPULATION CHANGES FOR 44 LEOPARDS BASED ON LONG-TERM DATA FROM PHINDA PRIVATE GAME RESERVE 45 D. POPULATION CHANGES FOR COUGARS BASED ON AND OTHER SOURCES. 46 DEMOGRAPHIC DATA FROM SELECTED SOURCES.

43

C. PACKER, ET AL., Reproductive success of lions, REPRODUCTIVE SUCCESS (T. H. Clutton, ed. 1988); C. PACKER &, A. E. PUSEY, The lack clutch in a communal breeder: Lion litter size is a mixed evolutionarily stable strategy, 145 AMERICAN NATURALIST 833–841 (1995); M. CRAFT, ET AL., Distinguishing epidemic waves from disease spillover in a wildlife population, B 276 PROCEEDINGS OF THE ROYAL SOCIETY 1777–1785 (2009). 44 BALME, supra note 29; G. BALME & L. HUNTER, Mortality in a protected leopard population, Phinda Private Game Reserve, South Africa: a population in decline, 6 ECOLOGICAL JOURNAL 1–6 (2004). 45 BAILEY, surpa note 31; R. B. MARTIN & T. DE MEULENAER, Survey of the status of the leopard (Panthera pardus) in Sub -Saharan Africa, SECRETARIAT OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (1988). 46 LAMBERT, supra note 24; T. K. RUTH ET AL., Cougar reproduction and survival pre- and post-wolf reintroduction in Yellowstone National Park, PROCEEDINGS OF THE NINTH MOUNTAIN LION WORKSHOP, (D. E. Toweill, et al., eds. 2008); K. A. LOGAN & L. L. SWEANOR, DESERT PUMA: EVOLUTIONARY ECOLOGY AND CONSERVATION OF AN ENDURING CARNIVORE, (Island Press 2001); D. S. MAEHR & C. T. MOORE, Models of mass growth in 3 cougar populations, 56 JOURNAL OF WILDLIFE MANAGEMENT 700–707 (1992); H. S. COOLEY, Effects of hunting on cougar population demography, WASHINGTON STATE UNIVERSITY, (Ph.D. Dissertation 2008); W. A. PULLMAN, ET AL., Cougar dispersal patterns, metapopulation dynamics and conservation, 14 CONSERVATION BIOLOGY 798– 808 (2000).


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FIGURE 1.

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FIGURE 2. DOMESTIC OFFTAKES OF A) COUGARS AND B) BLACK BEARS AND CITES-REPORTED TROPHY EXPORTS OF C) LIONS AND D) LEOPARDS. FOR U.S. STATES: AK = ALASKA, AZ = ARIZONA, CA = CALIFORNIA, CO = COLORADO, ID = IDAHO, MN= MINNESOTA, MT = MONTANA, NM= NEW MEXICO, NV = NEVADA, OR = OREGON, UT = UTAH, WA= WASHINGTON, WY= WYOMING. FOR CITES DATA: BW= BOTSWANA, CF = CENTRAL AFRICAN REPUBLIC, MZ= MOZAMBIQUE, NA = NAMIBIA, TZ = TANZANIA, ZM= ZAMBIA, ZW= ZIMBABWE.


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F I G UR E 3. RECENT TRENDS IN COUGAR OFFTAKES (BLUE) AND LION OFFTAKES (RED) AS FUNCTIONS OF A) HARVEST INTENSITY AND B) HABITAT LOSS. JURISDICTIONS WITH THE HIGHEST HARVEST INTENSITY SHOWED THE GREATEST 2 2 DECLINE IN COUGAR OFFTAKES (R = 0.5151, P = 0.0129) AND LION OFFTAKES (R = 0.5796, P = 0.0468). HABITAT LOSS IS PLOTTED ON A LOG SCALE TO ALLOW COMPARISON BETWEEN THE AFRICAN COUNTRIES AND THE U.S. STATES.


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F I G UR E 4. SIMULATED COUGAR POPULATIONS SUBJECTED TO AN INITIAL CULL FOLLOWED BY FIXED OFFTAKES FOR 50 YEARS. THE INITIAL CULL IS EITHER 40% (TOP AND MIDDLE ROWS) OR 50% (BOTTOM ROW), AND THE SUBSEQUENT HARVESTS ARE EITHER THE MAXIMUM OFFTAKE THAT INCURRED NO EXTINCTIONS IN 20 RUNS FOLLOWING A 40% CULL (TOP AND BOTTOM ROWS) OR THE MINIMUM THAT PRODUCED 20 EXTINCTIONS IN 20 RUNS FOLLOWING A 40% CULL (MIDDLE ROW). IN THE ABSENCE OF SPORT HUNTING, THE STABLE POPULATION SIZE IN THESE SIMULATIONS IS 527 REPRODUCTIVE FEMALES (INDICATED BY THE HEAVY BLACK LINE IN EACH GRAPH); A 40% REDUCTION IN POPULATION SIZE IS INDICATED BY BLUE LINES, A 50% REDUCTION BY RED LINES. EACH COLUMN REPRESENTS A DIFFERENT HARVEST STRATEGY: MALE ONLY (LEFT COLUMN), MALES AND FEMALES (MIDDLE) AND FEMALE ONLY (RIGHT). DEMOGRAPHIC PARAMETERS ARE SET AS IN FIGURE. 1; QUOTAS ALLOW OFFTAKE OF ANIMALS AS YOUNG AS 2 YEARS; EACH GRAPH SHOWS OUTPUTS FROM 20 RUNS.


Sport Hunting, Predator Control and Conservation of Large Carnivores

FIGURE 5.

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SAMPLE OF UNDER-AGED MALE AFRICAN LIONS SHOT BY SPORT HUNTERS IN VARIOUS COUNTRIES FROM 2004–2008.


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FIGURE S1. THE NUMBER OF CITES-REPORTED EXPORTS OF A) COUGAR TROPHIES AND B) BLACK BEAR TROPHIES FROM THE U.S. WERE HIGHEST IN YEARS WHEN THE MOST ANIMALS WERE HARVESTED DOMESTICALLY IN THE WESTERN STATES (P<0.001 FOR EACH SPECIES).


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FIGURE S2. TREND LINES FOR THE POPULATION DECLINES OF A) COUGARS AND B) LIONS. INDIVIDUAL STATES WITH STATISTICALLY SIGNIFICANT DECLINES IN COUGAR OFFTAKES: MT, ID, AZ, UT AND CO; INDIVIDUAL COUNTRIES WITH SIGNIFICANT DECLINES IN LION OFFTAKES: BW, TZ AND ZW.


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FIGURE S3. QUOTAS, OFFTAKES, AND CATCH RATES EACH YEAR SINCE THE PEAK HARVESTS FOR COUGARS IN COLORADO, MONTANA, AND UTAH AND LIONS IN TANZANIA AND BOTSWANA; DURATION OF LION HUNTS IN ZIMBABWE. CATCH RATES ARE (OFFTAKES/QUOTAS). CATCH RATES HAVE GENERALLY DECLINED BECAUSE OFFTAKES HAVE FALLEN MORE QUICKLY THAN QUOTAS. CATCH RATES BRIEFLY IMPROVED IN UTAH AND BOTSWANA WHEN QUOTAS WERE ADJUSTED DOWNWARDS, BUT SUBSEQUENTLY RESUMED AN OVERALL DECLINE; MONTANA’S ADJUSTMENTS IN QUOTAS ARE TOO RECENT TO EVALUATE. FOR ZIMBABWE, VERTICAL LINES INDICATE STANDARD ERRORS; NUMBERS ARE SAMPLE SIZES; DURATION OF LION HUNTS BECAME SIGNIFICANTLY LONGER BETWEEN 1997 AND 2001 (P<0.01). NO OTHER DATA ARE AVAILABLE ON QUOTAS OR HUNT DURATIONS FROM THESE OR OTHER COUNTRIES/STATES. THE BOTTOM GRAPHS SHOW THAT DECLINES IN LION TROPHY EXPORTS ARE UNLIKELY TO REFLECT DECLINING MARKET DEMAND; IMPORTS OF LION TROPHIES HAVE INCREASED, ESPECIALLY IN RECENT YEARS FOR CAPTIVE-BRED OR “CANNED” LION TROPHIES FROM SOUTH AFRICA. THE DECLINES IN TROPHY EXPORTS ARE ALSO UNLIKELY TO BE CAUSED BY IRREGULAR REPORTING; ADDING ADDITIONAL EXPORTS OF SKINS FROM BOTSWANA, TANZANIA, AND ZIMBABWE WOULD NOT SIGNIFICANTLY CHANGE THE PATTERN OF DECLINE.


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FIGURE S4. SIMULATED IMPACTS OF TROPHY HUNTING IN COUGARS FOR VARYING DEGREES OF HABITAT LOSS. SOLID LINES ARE THE SAME AS IN FIGURE 1: ALL AVAILABLE MALES ABOVE THE AVAILABLE HABITAT REMAINS SHOW POPULATION SIZES WITH HABITAT LOSS IN 100 YEARS; HABITAT LOSS.

AGE MINIMUM ARE HARVESTED EACH YEAR AND UNCHANGED OVER 100 YEARS. DASHED LINES THE SAME HARVEST STRATEGIES BUT WITH 20% DOTTED LINES REPRESENT OUTPUTS WITH 40%


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Simulation Models Details of the individually based, spatially explicit simulation model have been described previously. 47, 48, 49 The lion model consists of a network of linked hexagonal territories; individual females and their dependent offspring belong to a single territory while adult males form coalitions that can span multiple territories. Every six-month time step, each lion either advances in age or dies; subadult females either emigrate as a cohort or join their natal pride (according to the current number of adult females in the pride); adult females give birth depending on the age and survival of their prior offspring; males challenge each other for control of territories. We modified the original lion model for solitary species as follows: subadult females must always disperse singly and can neither remain in the natal territory nor disperse as a cohort with their sisters; subadult males are unable to form coalitions and must disperse singly. For leopards and cougars, input parameter values reflect the biology and population dynamics of each species (TABLE S1). Except for subadult dispersal, the parameter values for â&#x20AC;&#x153;solitary lionsâ&#x20AC;? are identical to social lions. To allow comparable numbers of reproductive females in FIGURE 1, we use 10 territories for social lions and 52 territories for solitary lions, leopards, and cougars; FIGURE S4 also uses 52 cougar territories. FIGURE 4 covers 529 cougar territories, yielding an initial starting population of 1899 individuals. All territory networks are as convex as possible.

47

H. S. QUADING & A. M. STARFIELD, Exploiting object-oriented programming structures in the quest for an individual-based lion population model with an attractive user interface, 98 SOUTH AFRICAN JOURNAL OF SCIENCE 449-454 (2002). 48 K. WHITMAN, ET AL., Sustainable trophy hunting of African lions, 428 NATURE 175-178 (2004). 49 K. WHITMAN, ET AL., Modeling the Effects of Trophy Selection and Environmental Disturbance on a Simulated Population of African Lions, 21 CONSERVATION BIOLOGY 591-601 (2007).


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We further modified the original model to harvest females and to hunt both males and females. Previous analyses 50 allowed trophy offtakes during every time step (twice per year); here we restricted hunting to every other time step (once per year) to better mimic seasonal hunting. To simulate the impact of a population cull followed by trophy hunting, reproductive individuals are randomly chosen until a predetermined percentage has been removed; hunting then proceeds with annual quotas determining offtake. To examine the effects of habitat loss, we specify the percentage of territories to be deleted over a given time period. In each time step, the model removes territories so as to produce a linear rate of loss; all resident cubs die whereas subadult and adult females can move to empty adjacent territories but cannot reproduce if the territory is occupied. If the adult male only occupied the deleted territory, he becomes nomadic. We explored two scenarios of habitat loss. First, to mimic human encroachment, territories were only removed from the edge of the territory network. Second, to simulate habitat fragmentation, territories were eliminated at random. The two alternatives yielded similar results.

50

Id.; WHITMAN, supra note 48.


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The Most Dangerous Game

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IMPRESSIONS & PROSE THE MOST DANGEROUS GAME* Richard Connell

Mirage, thought Rainsford. But it was no mirage he found when he opened the tall spiked iron gate. The stone steps were real enough; the massive door with a leering gargoyle for a knocker was real enough; yet above it all hung an air of unreality.

“OFF THERE to the right—somewhere—is a large island,” said Whitney. “It’s rather a mystery—” “What island is it?” Rainsford asked. “The old charts call it ‘Ship Trap Island’” Whitney replied. “A suggestive name, isn’t it? Sailors have a curious dread of the place. I don’t know why. Some superstition…” “Can’t see it,” remarked Rainsford, trying to peer through the dank tropical night that was palpable as it pressed its thick warm blackness in upon the yacht. “You’ve good eyes,” said Whitney, with a laugh, “and I've seen you pick off a moose moving in the brown fall bush at four hundred yards, but even you can't see four miles or so through a moonless Caribbean night.” *

The Most Dangerous Game was originally published in COLLIER’S WEEKLY, January 24, 1924.


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“Nor four yards,” admitted Rainsford. “Ugh! It’s like moist black velvet.” “It will be light enough in Rio,” promised Whitney. “We should make it in a few days. I hope the jaguar guns have come from Purdey's. We should have some good hunting up the Amazon. Great sport hunting.” “The best sport in the world,” agreed Rainsford. “For the hunter,” amended Whitney.

“Not for the

jaguar.” “Don’t talk rot, Whitney,” said Rainsford. “You’re a biggame hunter, not a philosopher. Who cares how a jaguar feels?” “Perhaps the jaguar does,” observed Whitney. “Bah! They've no understanding.” “Even so, I rather think they understand one thing—fear. The fear of pain and the fear of death.” “Nonsense,” laughed Rainsford. “This hot weather is making you soft, Whitney. Be a realist. The world is made up of two classes—the hunters and the huntees. Luckily, you and I are hunters. Do you think we’ve passed that island yet?” “I can’t tell in the dark. I hope so.” “Why?” asked Rainsford. “The place has a reputation—a bad one.” “Cannibals?” suggested Rainsford. “Hardly. Even cannibals wouldn't live in such a Godforsaken place. But it’s gotten into sailor lore, somehow. Didn’t you notice that the crew's nerves seemed a bit jumpy today?”


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“They were a bit strange, now you mention it. Even Captain Nielsen—” “Yes, even that tough-minded old Swede, who'd go up to the devil himself and ask him for a light. Those fishy blue eyes held a look I never saw there before. All I could get out of him was ‘This place has an evil name among seafaring men, sir.’ Then he said to me, very gravely, ‘Don't you feel anything?’—as if the air about us was actually poisonous. Now, you mustn’t laugh when I tell you this—I did feel something like a sudden chill.” “There was no breeze. The sea was as flat as a plateglass window. We were drawing near the island then. What I felt was a—a mental chill; a sort of sudden dread.” “Pure imagination,” said Rainsford. “One superstitious sailor can taint the whole ship’s company with his fear.” “Maybe. But sometimes I think sailors have an extra sense that tells them when they are in danger. Sometimes I think evil is a tangible thing—with wave lengths, just as sound and light have. An evil place can, so to speak, broadcast vibrations of evil. Anyhow, I’m glad we're getting out of this zone. Well, I think I’ll turn in now, Rainsford.” “I’m not sleepy,” said Rainsford. “I’m going to smoke another pipe up on the afterdeck.” “Good night, then, Rainsford. See you at breakfast.” “Right. Good night, Whitney.” There was no sound in the night as Rainsford sat there but the muffled throb of the engine that drove the yacht swiftly through the darkness, and the swish and ripple of the wash of the propeller.


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Rainsford, reclining in a steamer chair, indolently puffed on his favorite brier. The sensuous drowsiness of the night was on him. Itâ&#x20AC;&#x2122;s so dark, he thought, that I could sleep without closing my eyes; the night would be my eyelids. An abrupt sound startled him. Off to the right he heard it, and his ears, expert in such matters, could not be mistaken. Again he heard the sound, and again. Somewhere, off in the blackness, someone had fired a gun three times. Rainsford sprang up and moved quickly to the rail, mystified. He strained his eyes in the direction from which the reports had come, but it was like trying to see through a blanket. He leaped upon the rail and balanced himself there, to get greater elevation; his pipe, striking a rope, was knocked from his mouth. He lunged for it; a short, hoarse cry came from his lips as he realized he had reached too far and had lost his balance. The cry was pinched off short as the blood-warm waters of the Caribbean Sea dosed over his head. He struggled up to the surface and tried to cry out, but the wash from the speeding yacht slapped him in the face and the salt water in his open mouth made him gag and strangle. Desperately he struck out with strong strokes after the receding lights of the yacht, but he stopped before he had swum fifty feet. A certain cool headedness had come to him; it was not the first time he had been in a tight place. There was a chance that his cries could be heard by someone aboard the yacht, but that chance was slender and grew more slender as the yacht raced on. He wrestled himself out of his clothes and shouted with all his power. The lights of the yacht became faint and ever-vanishing fireflies; then they were blotted out entirely by the night. Rainsford remembered the shots. They had come from the right, and doggedly he swam in that direction, swimming with slow, deliberate strokes, conserving his strength. For a seemingly endless time he fought the sea. He began to count his strokes; he could do possibly a hundred more and thenâ&#x20AC;&#x201D;


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Rainsford heard a sound. It came out of the darkness, a high screaming sound, the sound of an animal in an extremity of anguish and terror. He did not recognize the animal that made the sound; he did not try to; with fresh vitality he swam toward the sound. He heard it again; then it was cut short by another noise, crisp, staccato. “Pistol shot,” muttered Rainsford, swimming on. Ten minutes of determined effort brought another sound to his ears—the most welcome he had ever heard—the muttering and growling of the sea breaking on a rocky shore. He was almost on the rocks before he saw them; on a night less calm he would have been shattered against them. With his remaining strength he dragged himself from the swirling waters. Jagged crags appeared to jut up into the opaqueness; he forced himself upward, hand over hand. Gasping, his hands raw, he reached a flat place at the top. Dense jungle came down to the very edge of the cliffs. What perils that tangle of trees and underbrush might hold for him did not concern Rainsford just then. All he knew was that he was safe from his enemy, the sea, and that utter weariness was on him. He flung himself down at the jungle edge and tumbled headlong into the deepest sleep of his life. When he opened his eyes he knew from the position of the sun that it was late in the afternoon. Sleep had given him new vigor; a sharp hunger was picking at him. He looked about him, almost cheerfully. Where there are pistol shots, there are men. Where there are men, there is food, he thought. But what kind of men, he wondered, in so forbidding a place? An unbroken front of snarled and ragged jungle fringed the shore. He saw no sign of a trail through the closely knit web of weeds and trees; it was easier to go along the shore, and Rainsford floundered along by the water. Not far from where he landed, he stopped.


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Some wounded thing—by the evidence, a large animal— had thrashed about in the underbrush; the jungle weeds were crushed down and the moss was lacerated; one patch of weeds was stained crimson. A small, glittering object not far away caught Rainsford’s eye and he picked it up. It was an empty cartridge. “A twenty-two,” he remarked. “That’s odd. It must have been a fairly large animal too. The hunter had his nerve with him to tackle it with a light gun. It’s clear that the brute put up a fight. I suppose the first three shots I heard was when the hunter flushed his quarry and wounded it. The last shot was when he trailed it here and finished it.” He examined the ground closely and found what he had hoped to find—the print of hunting boots. They pointed along the cliff in the direction he had been going. Eagerly he hurried along, now slipping on a rotten log or a loose stone, but making headway; night was beginning to settle down on the island. Bleak darkness was blacking out the sea and jungle when Rainsford sighted the lights. He came upon them as he turned a crook in the coast line; and his first thought was that be had come upon a village, for there were many lights. But as he forged along he saw to his great astonishment that all the lights were in one enormous building—a lofty structure with pointed towers plunging upward into the gloom. His eyes made out the shadowy outlines of a palatial chateau; it was set on a high bluff, and on three sides of it cliffs dived down to where the sea licked greedy lips in the shadows. Mirage, thought Rainsford. But it was no mirage he found when he opened the tall spiked iron gate. The stone steps were real enough; the massive door with a leering gargoyle for a knocker was real enough; yet above it all hung an air of unreality. He lifted the knocker, and it creaked up stiffly, as if it had never before been used. He let it fall, and it startled him with its booming loudness. He thought he heard steps within; the door remained closed. Again Rainsford lifted the heavy knocker, and


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let it fall. The door opened then—opened as suddenly as if it were on a spring—and Rainsford stood blinking in the river of glaring gold light that poured out. The first thing Rainsford's eyes discerned was the largest man Rainsford had ever seen—a gigantic creature, solidly made and black bearded to the waist. In his hand the man held a long-barreled revolver, and he was pointing it straight at Rainsford's heart. Out of the snarl of beard two small eyes regarded Rainsford. “Don’t be alarmed,” said Rainsford, with a smile which he hoped was disarming. “I’m no robber. I fell off a yacht. My name is Sanger Rainsford of New York City.” The menacing look in the eyes did not change. The revolver pointing as rigidly as if the giant were a statue. He gave no sign that he understood Rainsford’s words, or that he had even heard them. He was dressed in uniform—a black uniform trimmed with gray astrakhan. “I’m Sanger Rainsford of New York,” Rainsford began again. “I fell off a yacht. I am hungry.” The man’s only answer was to raise with his thumb the hammer of his revolver. Then Rainsford saw the man’s free hand go to his forehead in a military salute, and he saw him click his heels together and stand at attention. Another man was coming down the broad marble steps, an erect, slender man in evening clothes. He advanced to Rainsford and held out his hand. In a cultivated voice marked by a slight accent that gave it added precision and deliberateness, he said, “It is a very great pleasure and honor to welcome Mr. Sanger Rainsford, the celebrated hunter, to my home.” Automatically Rainsford shook the man’s hand. “I’ve read your book about hunting snow leopards in Tibet, you see,” explained the man. “I am General Zaroff.”


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Rainsford’s first impression was that the man was singularly handsome; his second was that there was an original, almost bizarre quality about the general's face. He was a tall man past middle age, for his hair was a vivid white; but his thick eyebrows and pointed military mustache were as black as the night from which Rainsford had come. His eyes, too, were black and very bright. He had high cheekbones, a sharpcut nose, a spare, dark face—the face of a man used to giving orders, the face of an aristocrat. Turning to the giant in uniform, the general made a sign. The giant put away his pistol, saluted, withdrew. “Ivan is an incredibly strong fellow,” remarked the general, “but he has the misfortune to be deaf and dumb. A simple fellow, but, I’m afraid, like all his race, a bit of a savage.” “Is he Russian?” “He is a Cossack,” said the general, and his smile showed red lips and pointed teeth. “So am I.” “Come,” he said, “we shouldn’t be chatting here. We can talk later. Now you want clothes, food, rest. You shall have them. This is a most-restful spot.” Ivan had reappeared, and the general spoke to him with lips that moved but gave forth no sound. “Follow Ivan, if you please, Mr. Rainsford,” said the general. “I was about to have my dinner when you came. I'll wait for you. You'll find that my clothes will fit you, I think.” It was to a huge, beam-ceilinged bedroom with a canopied bed big enough for six men that Rainsford followed the silent giant. Ivan laid out an evening suit, and Rainsford, as he put it on, noticed that it came from a London tailor who ordinarily cut and sewed for none below the rank of duke. The dining room to which Ivan conducted him was in many ways remarkable. There was a medieval magnificence about it; it suggested a baronial hall of feudal times with its oaken


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panels, its high ceiling, its vast refectory tables where twoscore men could sit down to eat. About the hall were mounted heads of many animals—lions, tigers, elephants, moose, bears; larger or more perfect specimens Rainsford had never seen. At the great table the general was sitting, alone. “You’ll have a cocktail, Mr. Rainsford,” he suggested. The cocktail was surpassingly good; and, Rainsford noted, the table appointments were of the finest—the linen, the crystal, the silver, the china. They were eating borsch, the rich, red soup with whipped cream so dear to Russian palates. Half apologetically General Zaroff said, “We do our best to preserve the amenities of civilization here. Please forgive any lapses. We are well off the beaten track, you know. Do you think the champagne has suffered from its long ocean trip?” “Not in the least,” declared Rainsford. He was finding the general a most thoughtful and affable host, a true cosmopolite. But there was one small trait of the general's that made Rainsford uncomfortable. Whenever he looked up from his plate he found the general studying him, appraising him narrowly. “Perhaps,” said General Zaroff, “you were surprised that I recognized your name. You see, I read all books on hunting published in English, French, and Russian. I have but one passion in my life, Mr. Rainsford, and it is the hunt.” “You have some wonderful heads here,” said Rainsford as he ate a particularly well-cooked filet mignon. “That Cape buffalo is the largest I ever saw.” “Oh, that fellow. Yes, he was a monster.” “Did he charge you?” “Hurled me against a tree,” said the general. “Fractured my skull. But I got the brute.”


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“I’ve always thought,” said Rainsford, “that the Cape buffalo is the most dangerous of all big game.” For a moment the general did not reply; he was smiling his curious red-lipped smile. Then he said slowly, “No. You are wrong, sir. The Cape buffalo is not the most dangerous big game.” He sipped his wine. “Here in my preserve on this island,” he said in the same slow tone, “I hunt more dangerous game.” Rainsford expressed his surprise. “Is there big game on this island?” The general nodded. “The biggest.” “Really?” “Oh, it isn't here naturally, of course. I have to stock the island.” “What have you imported, general?” Rainsford asked. “Tigers?” The general smiled. “No,” he said. “Hunting tigers ceased to interest me some years ago. I exhausted their possibilities, you see. No thrill left in tigers, no real danger. I live for danger, Mr. Rainsford.” The general took from his pocket a gold cigarette case and offered his guest a long black cigarette with a silver tip; it was perfumed and gave off a smell like incense. “We will have some capital hunting, you and I,” said the general. “I shall be most glad to have your society.” “But what game—” began Rainsford. “I'll tell you,” said the general. “You will be amused, I know. I think I may say, in all modesty, that I have done a rare


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thing. I have invented a new sensation. May I pour you another glass of port?” “Thank you, general.” The general filled both glasses, and said, “God makes some men poets. Some He makes kings, some beggars. Me He made a hunter. ‘My hand was made for the trigger,’ my father said. He was a very rich man with a quarter of a million acres in the Crimea, and he was an ardent sportsman. When I was only five years old he gave me a little gun, specially made in Moscow for me, to shoot sparrows with. When I shot some of his prize turkeys with it, he did not punish me; he complimented me on my marksmanship. I killed my first bear in the Caucasus when I was ten. My whole life has been one prolonged hunt. I went into the army—it was expected of noblemen's sons—and for a time commanded a division of Cossack cavalry, but my real interest was always the hunt. I have hunted every kind of game in every land. It would be impossible for me to tell you how many animals I have killed.” The general puffed at his cigarette. “After the debacle in Russia I left the country, for it was imprudent for an officer of the Czar to stay there. Many noble Russians lost everything. I, luckily, had invested heavily in American securities, so I shall never have to open a tearoom in Monte Carlo or drive a taxi in Paris. Naturally, I continued to hunt—grizzliest in your Rockies, crocodiles in the Ganges, rhinoceroses in East Africa. It was in Africa that the Cape buffalo hit me and laid me up for six months. As soon as I recovered I started for the Amazon to hunt jaguars, for I had heard they were unusually cunning. They weren’t.” The Cossack sighed. “They were no match at all for a hunter with his wits about him, and a high-powered rifle. I was bitterly disappointed. I was lying in my tent with a splitting headache one night when a terrible thought pushed its way into my mind. Hunting was beginning to bore me! And hunting, remember, had been my life. I have heard that in America businessmen often go to pieces when they give up the business that has been their life.”


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“Yes, that's so,” said Rainsford. The general smiled. “I had no wish to go to pieces,” he said. “I must do something. Now, mine is an analytical mind, Mr. Rainsford. Doubtless that is why I enjoy the problems of the chase.” “No doubt, General Zaroff.” “So,” continued the general, “I asked myself why the hunt no longer fascinated me. You are much younger than I am, Mr. Rainsford, and have not hunted as much, but you perhaps can guess the answer.” “What was it?” “Simply this: hunting had ceased to be what you call ‘a sporting proposition.’ It had become too easy. I always got my quarry. Always. There is no greater bore than perfection.” The general lit a fresh cigarette. “No animal had a chance with me any more. That is no boast; it is a mathematical certainty. The animal had nothing but his legs and his instinct. Instinct is no match for reason. When I thought of this it was a tragic moment for me, I can tell you.” Rainsford leaned across the table, absorbed in what his host was saying. “It came to me as an inspiration what I must do,” the general went on. “And that was?” The general smiled the quiet smile of one who has faced an obstacle and surmounted it with success. “I had to invent a new animal to hunt,” he said.


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“A new animal? You’re joking.” “Not at all,” said the general. “I never joke about hunting. I needed a new animal. I found one. So I bought this island built this house, and here I do my hunting. The island is perfect for my purposes—there are jungles with a maze of traits in them, hills, swamps—” “But the animal, General Zaroff?” “Oh,” said the general, “it supplies me with the most exciting hunting in the world. No other hunting compares with it for an instant. Every day I hunt, and I never grow bored now, for I have a quarry with which I can match my wits.” Rainsford’s bewilderment showed in his face. “I wanted the ideal animal to hunt,” explained the general. “So I said, ‘What are the attributes of an ideal quarry?’ And the answer was, of course, ‘It must have courage, cunning, and, above all, it must be able to reason.’” “But no animal can reason,” objected Rainsford. “My dear fellow,” said the general, “there is one that can.” “But you can't mean—” gasped Rainsford. “And why not?” “I can't believe you are serious, General Zaroff. This is a grisly joke.” “Why should I not be serious? hunting.”

I am speaking of

“Hunting? Great Guns, General Zaroff, what you speak of is murder.” The general laughed with entire good nature. He regarded Rainsford quizzically. “I refuse to believe that so


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modern and civilized a young man as you seem to be harbors romantic ideas about the value of human life. Surely your experiences in the war—” “Did not make me condone cold-blooded murder,” finished Rainsford stiffly. Laughter shook the general. “How extraordinarily droll you are!” he said. “One does not expect nowadays to find a young man of the educated class, even in America, with such a naive, and, if I may say so, mid-Victorian point of view. It’s like finding a snuffbox in a limousine. Ah, well, doubtless you had Puritan ancestors. So many Americans appear to have had. I’ll wager you'll forget your notions when you go hunting with me. You've a genuine new thrill in store for you, Mr. Rainsford.” “Thank you, I'm a hunter, not a murderer.” “Dear me,” said the general, quite unruffled, “again that unpleasant word. But I think I can show you that your scruples are quite ill founded.” “Yes?” “Life is for the strong, to be lived by the strong, and, if needs be, taken by the strong. The weak of the world were put here to give the strong pleasure. I am strong. Why should I not use my gift? If I wish to hunt, why should I not? I hunt the scum of the earth: sailors from tramp ships—lassars, blacks, Chinese, whites, mongrels—a thoroughbred horse or hound is worth more than a score of them.” “But they are men,” said Rainsford hotly. “Precisely,” said the general. “That is why I use them. It gives me pleasure. They can reason, after a fashion. So they are dangerous.” “But where do you get them?”


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The general’s left eyelid fluttered down in a wink. “This island is called Ship Trap,” he answered. “Sometimes an angry god of the high seas sends them to me. Sometimes, when Providence is not so kind, I help Providence a bit. Come to the window with me.” Rainsford went to the window and looked out toward the sea. “Watch! Out there!” exclaimed the general, pointing into the night. Rainsford’s eyes saw only blackness, and then, as the general pressed a button, far out to sea Rainsford saw the flash of lights. The general chuckled. “They indicate a channel,” he said, “where there's none; giant rocks with razor edges crouch like a sea monster with wide-open jaws. They can crush a ship as easily as I crush this nut.” He dropped a walnut on the hardwood floor and brought his heel grinding down on it. “Oh, yes,” he said, casually, as if in answer to a question, “I have electricity. We try to be civilized here.” “Civilized? And you shoot down men?” A trace of anger was in the general's black eyes, but it was there for but a second; and he said, in his most pleasant manner, “Dear me, what a righteous young man you are! I assure you I do not do the thing you suggest. That would be barbarous. I treat these visitors with every consideration. They get plenty of good food and exercise. They get into splendid physical condition. You shall see for yourself tomorrow.” “What do you mean?” “We'll visit my training school,” smiled the general. “It’s in the cellar. I have about a dozen pupils down there now. They’re from the Spanish bark San Lucar that had the bad luck to go on the rocks out there. A very inferior lot, I regret to say. Poor specimens and more accustomed to the deck than to the jungle.” He raised his hand, and Ivan, who served as waiter,


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brought thick Turkish coffee. Rainsford, with an effort, held his tongue in check. “It’s a game, you see,” pursued the general blandly. “I suggest to one of them that we go hunting. I give him a supply of food and an excellent hunting knife. I give him three hours’ start. I am to follow, armed only with a pistol of the smallest caliber and range. If my quarry eludes me for three whole days, he wins the game. If I find him—the general smiled—he loses.” “Suppose he refuses to be hunted?” “Oh,” said the general, “I give him his option, of course. He need not play that game if he doesn't wish to. If he does not wish to hunt, I turn him over to Ivan. Ivan once had the honor of serving as official knouter to the Great White Czar, and he has his own ideas of sport. Invariably, Mr. Rainsford, invariably they choose the hunt.” “And if they win?” The smile on the general's face widened. “To date I have not lost,” he said. Then he added, hastily: “I don't wish you to think me a braggart, Mr. Rainsford. Many of them afford only the most elementary sort of problem. Occasionally I strike a tartar. One almost did win. I eventually had to use the dogs.” “The dogs?” “This way, please. I'll show you.” The general steered Rainsford to a window. The lights from the windows sent a flickering illumination that made grotesque patterns on the courtyard below, and Rainsford could see moving about there a dozen or so huge black shapes; as they turned toward him, their eyes glittered greenly. “A rather good lot, I think,” observed the general. “They are let out at seven every night. If anyone should try to get into my house—or out of it—something extremely regrettable would


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occur to him.” He hummed a snatch of song from the Folies Bergere. “And now” said the general, “I want to show you my new collection of heads. Will you come with me to the library?” “I hope,” said Rainsford, “that you will excuse me tonight, General Zaroff. I'm really not feeling well.” “Ah, indeed?” the general inquired solicitously. “Well, I suppose that’s only natural, after your long swim. You need a good, restful night's sleep. Tomorrow you'll feel like a new man, I'll wager. Then we'll hunt, eh? I’ve one rather promising prospect—” Rainsford was hurrying from the room. “Sorry you can't go with me tonight,” called the general. “I expect rather fair sport—a big, strong, black. He looks resourceful—Well, good night, Mr. Rainsford; I hope you have a good night's rest.” The bed was good, and the pajamas of the softest silk, and he was tired in every fiber of his being, but nevertheless Rainsford could not quiet his brain with the opiate of sleep. He lay, eyes wide open. Once he thought he heard stealthy steps in the corridor outside his room. He sought to throw open the door; it would not open. He went to the window and looked out. His room was high up in one of the towers. The lights of the chateau were out now, and it was dark and silent; but there was a fragment of sallow moon, and by its wan light he could see, dimly, the courtyard. There, weaving in and out in the pattern of shadow, were black, noiseless forms; the hounds heard him at the window and looked up, expectantly, with their green eyes. Rainsford went back to the bed and lay down. By many methods he tried to put himself to sleep. He had achieved a doze when, just as morning began to come, he heard, far off in the jungle, the faint report of a pistol. General Zaroff did not appear until luncheon. He was dressed faultlessly in the tweeds of a country squire. He was solicitous about the state of Rainsford's health.


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“As for me,” sighed the general, “I do not feel so well. I am worried, Mr. Rainsford. Last night I detected traces of my old complaint.” To Rainsford’s questioning glance the general said, “Ennui. Boredom.” Then, taking a second helping of crêpes Suzette, the general explained: “The hunting was not good last night. The fellow lost his head. He made a straight trail that offered no problems at all. That’s the trouble with these sailors; they have dull brains to begin with, and they do not know how to get about in the woods. They do excessively stupid and obvious things. It’s most annoying. Will you have another glass of Chablis, Mr. Rainsford?” “General,” said Rainsford firmly, “I wish to leave this island at once.” The general raised his thickets of eyebrows; he seemed hurt. “But, my dear fellow,” the general protested, “you’ve only just come. You’ve had no hunting—” “I wish to go today,” said Rainsford. He saw the dead black eyes of the general on him, studying him. General Zaroff's face suddenly brightened. He filled Rainsford’s glass with venerable Chablis from a dusty bottle. “Tonight,” said the general, “we will hunt—you and I.” Rainsford shook his head. “No, general,” he said. “I will not hunt.” The general shrugged his shoulders and delicately ate a hothouse grape. “As you wish, my friend,” he said. “The choice rests entirely with you. But may I not venture to suggest that you will find my idea of sport more diverting than Ivan’s?”


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He nodded toward the corner to where the giant stood, scowling, his thick arms crossed on his hogshead of chest. “You don’t mean—” cried Rainsford. “My dear fellow,” said the general, “have I not told you I always mean what I say about hunting? This is really an inspiration. I drink to a foeman worthy of my steel—at last.” The general raised his glass, but Rainsford sat staring at him. “You’ll find this game worth playing,” the general said enthusiastically.” Your brain against mine. Your woodcraft against mine. Your strength and stamina against mine. Outdoor chess! And the stake is not without value, eh?” “And if I win—” began Rainsford huskily. “I’ll cheerfully acknowledge myself defeat if I do not find you by midnight of the third day,” said General Zaroff. “My sloop will place you on the mainland near a town.” The general read what Rainsford was thinking. “Oh, you can trust me,” said the Cossack. “I will give you my word as a gentleman and a sportsman. Of course you, in turn, must agree to say nothing of your visit here.” “I'll agree to nothing of the kind,” said Rainsford. “Oh,” said the general, “in that case—But why discuss that now? Three days hence we can discuss it over a bottle of Veuve Cliquot, unless—” The general sipped his wine. Then a businesslike air animated him. “Ivan,” he said to Rainsford, “will supply you with hunting clothes, food, a knife. I suggest you wear moccasins; they leave a poorer trail. I suggest, too, that you avoid the big swamp in the southeast corner of the island. We call it Death Swamp. There’s quicksand there. One foolish fellow tried it. The deplorable part of it was that Lazarus


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followed him. You can imagine my feelings, Mr. Rainsford. I loved Lazarus; he was the finest hound in my pack. Well, I must beg you to excuse me now. I always' take a siesta after lunch. You'll hardly have time for a nap, I fear. You'll want to start, no doubt. I shall not follow till dusk. Hunting at night is so much more exciting than by day, don’t you think? Au revoir, Mr. Rainsford, au revoir.” General Zaroff, with a deep, courtly bow, strolled from the room. From another door came Ivan. Under one arm he carried khaki hunting clothes, a haversack of food, a leather sheath containing a long-bladed hunting knife; his right hand rested on a cocked revolver thrust in the crimson sash about his waist. Rainsford had fought his way through the bush for two hours. “I must keep my nerve. I must keep my nerve,” he said through tight teeth. He had not been entirely clearheaded when the chateau gates snapped shut behind him. His whole idea at first was to put distance between himself and General Zaroff; and, to this end, he had plunged along, spurred on by the sharp rowers of something very like panic. Now he had got a grip on himself, had stopped, and was taking stock of himself and the situation. He saw that straight flight was futile; inevitably it would bring him face to face with the sea. He was in a picture with a frame of water, and his operations, clearly, must take place within that frame. “I’ll give him a trail to follow,” muttered Rainsford, and he struck off from the rude path he had been following into the trackless wilderness. He executed a series of intricate loops; he doubled on his trail again and again, recalling all the lore of the fox hunt, and all the dodges of the fox. Night found him legweary, with hands and face lashed by the branches, on a thickly wooded ridge. He knew it would be insane to blunder on through the dark, even if he had the strength. His need for rest was imperative and he thought, I have played the fox, now I must play the cat of the fable. A big tree with a thick trunk and outspread branches was near by, and, taking care to leave not the slightest mark, he climbed up into the crotch, and, stretching out on one of


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the broad limbs, after a fashion, rested. Rest brought him new confidence and almost a feeling of security. Even so zealous a hunter as General Zaroff could not trace him there, he told himself; only the devil himself could follow that complicated trail through the jungle after dark. But perhaps the general was a devilâ&#x20AC;&#x201D; An apprehensive night crawled slowly by like a wounded snake and sleep did not visit Rainsford, although the silence of a dead world was on the jungle. Toward morning when a dingy gray was varnishing the sky, the cry of some startled bird focused Rainsford's attention in that direction. Something was coming through the bush, coming slowly, carefully, coming by the same winding way Rainsford had come. He flattened himself down on the limb and, through a screen of leaves almost as thick as tapestry, he watched. . . . That which was approaching was a man. It was General Zaroff. He made his way along with his eyes fixed in utmost concentration on the ground before him. He paused, almost beneath the tree, dropped to his knees and studied the ground. Rainsfordâ&#x20AC;&#x2122;s impulse was to hurl himself down like a panther, but he saw that the general's right hand held something metallicâ&#x20AC;&#x201D;a small automatic pistol. The hunter shook his head several times, as if he were puzzled. Then he straightened up and took from his case one of his black cigarettes; its pungent incenselike smoke floated up to Rainsford's nostrils. Rainsford held his breath. The general's eyes had left the ground and were traveling inch by inch up the tree. Rainsford froze there, every muscle tensed for a spring. But the sharp eyes of the hunter stopped before they reached the limb where Rainsford lay; a smile spread over his brown face. Very deliberately he blew a smoke ring into the air; then he turned his back on the tree and walked carelessly away, back along the trail he had come. The swish of the underbrush against his hunting boots grew fainter and fainter.


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The pent-up air burst hotly from Rainsford’s lungs. His first thought made him feel sick and numb. The general could follow a trail through the woods at night; he could follow an extremely difficult trail; he must have uncanny powers; only by the merest chance had the Cossack failed to see his quarry. Rainsford’s second thought was even more terrible. It sent a shudder of cold horror through his whole being. Why had the general smiled? Why had he turned back? Rainsford did not want to believe what his reason told him was true, but the truth was as evident as the sun that had by now pushed through the morning mists. The general was playing with him! The general was saving him for another day’s sport! The Cossack was the cat; he was the mouse. Then it was that Rainsford knew the full meaning of terror. I will not lose my nerve. I will not. He slid down from the tree, and struck off again into the woods. His face was set and he forced the machinery of his mind to function. Three hundred yards from his hiding place he stopped where a huge dead tree leaned precariously on a smaller, living one. Throwing off his sack of food, Rainsford took his knife from its sheath and began to work with all his energy. The job was finished at last, and he threw himself down behind a fallen log a hundred feet away. He did not have to wait long. The cat was coming again to play with the mouse. Following the trail with the sureness of a bloodhound came General Zaroff. Nothing escaped those searching black eyes, no crushed blade of grass, no bent twig, no mark, no matter how faint, in the moss. So intent was the Cossack on his stalking that he was upon the thing Rainsford had made before he saw it. His foot touched the protruding bough that was the trigger. Even as he touched it, the general sensed his danger and leaped back with the agility of an ape. But he was not quite quick enough; the dead tree, delicately adjusted to rest on the cut living one, crashed down and struck the general a glancing blow on the shoulder as it


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fell; but for his alertness, he must have been smashed beneath it. He staggered, but he did not fall; nor did he drop his revolver. He stood there, rubbing his injured shoulder, and Rainsford, with fear again gripping his heart, heard the general's mocking laugh ring through the jungle. “Rainsford,” called the general, “if you are within sound of my voice, as I suppose you are, let me congratulate you. Not many men know how to make a Malay mancatcher. Luckily for me I, too, have hunted in Malacca. You are proving interesting, Mr. Rainsford. I am going now to have my wound dressed; it’s only a slight one. But I shall be back. I shall be back.” When the general, nursing his bruised shoulder, had gone, Rainsford took up his flight again. It was flight now, a desperate, hopeless flight, that carried him on for some hours. Dusk came, then darkness, and still he pressed on. The ground grew softer under his moccasins; the vegetation grew ranker, denser; insects bit him savagely. Then, as he stepped forward, his foot sank into the ooze. He tried to wrench it back, but the muck sucked viciously at his foot as if it were a giant leech. With a violent effort, he tore his feet loose. He knew where he was now. Death Swamp and its quicksand. His hands were tight closed as if his nerve were something tangible that someone in the darkness was trying to tear from his grip. The softness of the earth had given him an idea. He stepped back from the quicksand a dozen feet or so and, like some huge prehistoric beaver, he began to dig. Rainsford had dug himself in in France when a second's delay meant death. That had been a placid pastime compared to his digging now. The pit grew deeper; when it was above his shoulders, he climbed out and from some hard saplings cut stakes and sharpened them to a fine point. These stakes he planted in the bottom of the pit with the points sticking up. With flying fingers he wove a rough carpet of weeds and branches and with it he covered the mouth of the pit. Then, wet with sweat and aching


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with tiredness, he crouched behind the stump of a lightningcharred tree. He knew his pursuer was coming; he heard the padding sound of feet on the soft earth, and the night breeze brought him the perfume of the general’s cigarette. It seemed to Rainsford that the general was coming with unusual swiftness; he was not feeling his way along, foot by foot. Rainsford, crouching there, could not see the general, nor could he see the pit. He lived a year in a minute. Then he felt an impulse to cry aloud with joy, for he heard the sharp crackle of the breaking branches as the cover of the pit gave way; he heard the sharp scream of pain as the pointed stakes found their mark. He leaped up from his place of concealment. Then he cowered back. Three feet from the pit a man was standing, with an electric torch in his hand. “You’ve done well, Rainsford,” the voice of the general called. “Your Burmese tiger pit has claimed one of my best dogs. Again you score. I think, Mr. Rainsford, Ill see what you can do against my whole pack. I’m going home for a rest now. Thank you for a most amusing evening.” At daybreak Rainsford, lying near the swamp, was awakened by a sound that made him know that he had new things to learn about fear. It was a distant sound, faint and wavering, but he knew it. It was the baying of a pack of hounds. Rainsford knew he could do one of two things. He could stay where he was and wait. That was suicide. He could flee. That was postponing the inevitable. For a moment he stood there, thinking. An idea that held a wild chance came to him, and, tightening his belt, he headed away from the swamp. The baying of the hounds drew nearer, then still nearer, nearer, ever nearer. On a ridge Rainsford climbed a tree. Down a watercourse, not a quarter of a mile away, he could see the bush moving. Straining his eyes, he saw the lean figure of General Zaroff; just ahead of him Rainsford made out another figure whose wide shoulders surged through the tall jungle weeds; it was the giant Ivan, and he seemed pulled forward by some unseen


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force; Rainsford knew that Ivan must be holding the pack in leash. They would be on him any minute now. His mind worked frantically. He thought of a native trick he had learned in Uganda. He slid down the tree. He caught hold of a springy young sapling and to it he fastened his hunting knife, with the blade pointing down the trail; with a bit of wild grapevine he tied back the sapling. Then he ran for his life. The hounds raised their voices as they hit the fresh scent. Rainsford knew now how an animal at bay feels. He had to stop to get his breath. The baying of the hounds stopped abruptly, and Rainsford’s heart stopped too. They must have reached the knife. He shinned excitedly up a tree and looked back. His pursuers had stopped. But the hope that was in Rainsford's brain when he climbed died, for he saw in the shallow valley that General Zaroff was still on his feet. But Ivan was not. The knife, driven by the recoil of the springing tree, had not wholly failed. Rainsford had hardly tumbled to the ground when the pack took up the cry again. “Nerve, nerve, nerve!” he panted, as he dashed along. A blue gap showed between the trees dead ahead. Ever nearer drew the hounds. Rainsford forced himself on toward that gap. He reached it. It was the shore of the sea. Across a cove he could see the gloomy gray stone of the chateau. Twenty feet below him the sea rumbled and hissed. Rainsford hesitated. He heard the hounds. Then he leaped far out into the sea. . . . When the general and his pack reached the place by the sea, the Cossack stopped. For some minutes he stood regarding the blue-green expanse of water. He shrugged his shoulders. Then be sat down, took a drink of brandy from a silver flask, lit a cigarette, and hummed a bit from Madame Butterfly.


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General Zaroff had an exceedingly good dinner in his great paneled dining hall that evening. With it he had a bottle of Pol Roger and half a bottle of Chambertin. Two slight annoyances kept him from perfect enjoyment. One was the thought that it would be difficult to replace Ivan; the other was that his quarry had escaped him; of course, the American hadn't played the game—so thought the general as he tasted his afterdinner liqueur. In his library he read, to soothe himself, from the works of Marcus Aurelius. At ten he went up to his bedroom. He was deliciously tired, he said to himself, as he locked himself in. There was a little moonlight, so, before turning on his light, he went to the window and looked down at the courtyard. He could see the great hounds, and he called, “Better luck another time,” to them. Then he switched on the light. A man, who had been hiding in the curtains of the bed, was standing there. “Rainsford!” screamed the general. “How in God's name did you get here?” “Swam,” said Rainsford. walking through the jungle.”

“I found it quicker than

The general sucked in his breath and smiled. “I congratulate you,” he said. “You have won the game.” Rainsford did not smile. “I am still a beast at bay,” he said, in a low, hoarse voice. “Get ready, General Zaroff.” The general made one of his deepest bows. “I see,” he said. “Splendid! One of us is to furnish a repast for the hounds. The other will sleep in this very excellent bed. On guard, Rainsford” . . . He had never slept in a better bed, Rainsford decided.


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ENSURING A WILD FUTURE FOR ALL WILDCATS

Journal of the WildCat Conservation Legal Aid Society, Winter 2009, Vol II  

The Journal of the WildCat Conservation Legal Aid Society provides a unique forum for professionals and scholars to analyze and comment on t...

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