Ramsar Wetlands Convention
The Ramsar Convention, which is currently in force for 168 countries, was adopted in 1971 to ‘stem the progressive encroachment on and loss of wetlands now and in the future’ (Preamble). A central feature of the Convention is the List of Wetlands of International Importance, presently comprising more than 2000 sites covering a total surface area of over 2,000,000 km2. Contracting parties ‘shall formulate and implement their planning so as to promote the conservation of the wetlands included in the List, and as far as possible the wise use of wetlands in their territory’ (Article 3(1)). The latter half of this obligation applies to all wetlands. ‘Wise use’ of wetlands is understood as ‘the maintenance of their ecological character, achieved through the implementation of ecosystem approaches, within the context of sustainable development’ (Ramsar COP Resolution IX.1, 2005). The Convention also requires parties to ‘promote the conservation of wetlands … by establishing nature reserves on wetlands, whether they are included in the List or not, and provide adequately for their wardening’ (Article 4(1)). To guide the implementation of the above duties, an impressive body of detailed recommendations concerning the conservation and wise use of wetland ecosystems has been adopted over the years by the Convention’s Conference of the Parties (COP), the main decision-making body in which all parties are represented and which meets periodically.
Notwithstanding a traditional emphasis on waterbirds, the broad aims and obligations set out in the Convention, as just discussed, clearly also comprise the conservation of other native wild fauna inhabiting wetlands generally and listed wetlands in particular. This wetland-dwelling fauna includes many species of large carnivore. Even if numerous wetlands are smaller than a typical home range of locally occurring large carnivores, they may still constitute important elements of such home ranges. Moreover, many large contiguous wetland areas exist, encompassing any number of entire large carnivore home ranges. Quite a few of these larger wetlands are included in the Ramsar List, besides countless smaller sites. Compliance by the states involved with their legal obligations under the Ramsar Convention in respect of such sites will clearly benefit the large carnivores present there. Table
2 contains an illustrative sample from the many wetlands on the Ramsar List that are of special importance to large carnivores.
Table 2
Ramsar Wetlands important to large carnivores
Polar Bear Pass (1982) | 262,400 | Canada | Gray wolf—polar bear |
Kafue Flats (1991) | 600,500 | Zambia | African wild dog—lion—cheetah—leopard—Cape clawless otter—spotted hyena |
Pantanal Boliviano (2001) | 3,189,888 | Bolivia | Maned wolf—jaguar—puma—giant otter |
Berezinsky Biosphere Reserve (2010) | 85,149 | Belarus | Gray wolf—Eurasian lynx—brown bear |
Sembilang National Park (2011) | 202,896 | Indonesia | Tiger—Sunda clouded leopard—sun bear |
World Heritage Convention
The other global site-based treaty is the 1972 World Heritage Convention, which is in force for an impressive 191 countries. A substantial number of ecologically important sites around the world qualify as ‘natural heritage’ according to the definition in Article 2 of the Convention, and a selection of these have been included in the World Heritage List administered under the Convention. Contracting parties are committed to doing everything within their power to ensure the ‘identification, protection, conservation, presentation and transmission to future generations’ of the natural heritage situated on their territories (Article 4). It should be noted that ‘natural heritage’ includes, but is not limited to, sites on the World Heritage List. Moreover, to warrant that ‘effective and active measures’ are taken for the protection of the sites concerned, the Convention stipulates that each party ‘shall endeavor, in so far as possible, and as appropriate for each country,’ to ‘integrate the protection of that heritage into comprehensive planning programmes’ and to ‘take the appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of this heritage’ (Article 15). The Convention’s Operational Guidelines instruct parties to provide for a buffer zone wherever this is ‘necessary for the proper conservation’ of the site involved (World Heritage Committee
2012).
Analogous to the Ramsar Convention, large carnivores whose habitat is situated within a natural heritage site, particularly if this site is incorporated in the World Heritage List, are likely to benefit from the protection regime imposed by the Convention. What is more, in various cases the occurrence of certain species of large carnivore formed an integral part of the reasons for listing the site. In such cases the Convention’s protection requirements extend not indirectly but expressly to the animals involved—if not at the individual level then at least at the level of a healthy population.
Examples of such sites from the World Heritage List are the Sundarbans National Park in India with its tigers, and the Sichuan Giant Panda Sanctuaries in China. The latter site comprises nearly a million hectares plus a buffer zone half that size, harbouring 30 % of the giant panda (
Ailuropoda melanoleuca) world population and dholes, snow leopards and clouded leopards (
Neofelis nebulosa) besides. Another eminent instance is the Okavango Delta in Botswana, covering 2 million hectares surrounded by a buffer zone of an additional 2 million hectares, home to African wild dogs, lions, cheetahs, leopards (
Panthera pardus), Cape clawless otters (
Aonyx capensis), and spotted and brown hyenas (
Hyaena brunnea). For illustrative purposes, Table
3 portrays the current ten natural sites from the World Heritage List that are located in the Russian Federation. These extensive areas encompass some of the core habitat of 10 of the 31 species considered in this paper, including various subspecies of particular conservation value (
P. tigris altaica;
P. pardus orientalis;
U. arctos isabellinus). Several transboundary sites have been designated under the Convention. Relevant examples are the Uvs Nuur Basin (Mongolia-Russia, see Table
3) and Waterton-Glacier (Canada-United States). It should also be noted that some World Heritage sites overlap with Ramsar sites. For instance, the Okavango Delta System is also included in the Ramsar List.
Table 3
Russian World Heritage sites important to large carnivores
Virgin Komi Forests (1995) | 3,280,000 | Gray wolf—Eurasian lynx—brown bear |
Volcanoes of Kamchatka (1996) | 3,830,200 | Gray wolf—Eurasian lynx—sea otter—brown bear |
Lake Baikal (1996) | 8,800,000 | Eurasian lynx—brown bear |
Golden Mountains of Altai (1998) | 1,611,457 | Gray wolf—snow leopard—Eurasian lynx—brown bear |
Western Caucasus (1999) | 298,903 | Gray wolf—leopard—Eurasian lynx—brown bear |
Central Sikhote-Alin (2001) | 406,177 | Gray wolf—tiger—leopard—Eurasian lynx—brown bear—Asiatic black bear |
Uvs Nuur Basin (2003, transboundary site with Mongolia) | 898,064 (+170,790 b.z.) | Gray wolf—dhole—snow leopard—Eurasian lynx—brown bear |
Natural System of Wrangel Island Reserve (2004) | 916,300 (+3,745,300 b.z.) | Polar bear |
Putorana Plateau (2010) | 1,887,251 (+1,773,300 b.z.) | Gray wolf—Eurasian lynx—brown bear |
Lena Pillars Nature Park (2012) | 1,272,150 | Gray wolf—Eurasian lynx—brown bear |
Convention on International Trade in Endangered Species
CITES, which has 180 parties, aims to protect species of wild fauna and flora against overexploitation through international trade. The latter poses a significant threat to various large carnivore species, including most of the felids and bears. CITES regulates international trade in specimens and body parts of species, subspecies, or populations listed in three appendices, the first two of which are most important. A central feature of the Convention’s operation is a licensing system, which generally outlaws international trade in listed species without the prior grant of one or more CITES permits. The rigidity of licensing conditions depends on the appendix involved. Thus, Article III of the Convention prohibits, with few exceptions, international commercial trade in species threatened with extinction, included in Appendix I. Appendix II is intended for species not yet threatened but which may become so unless trade is controlled. The Convention therefore limits export of Appendix II species to levels which would not be detrimental (Article IV). Presently, these appendices together cover 24 of the 31 largest carnivore species. 13 are in Appendix I, 5 are in Appendix II, and for 6 species Appendix I or II applies, depending on the subspecies or country involved (see Table
1).
CITES features a relatively advanced institutional structure to oversee the Convention’s implementation, and many of the Convention’s obligations have been clarified in detailed guidance adopted over the years by the COP. Some of this guidance expressly focuses on large carnivores. A good example is a COP Resolution adopted in 2002 and last revised in 2013, addressing big cats in Asia, i.e., tiger, Asiatic lion (
P.l. persica), leopard, snow leopard and clouded leopard, all of which are listed in Appendix I (Res. Conf. 12.5). As the Resolution notes, despite the applicability of the strictest CITES regime illegal trade in these species has escalated and threatens their survival. This trade is driven by the use of parts and derivatives in traditional medicine and a demand for skins. The Resolution calls for an array of actions to be taken by range states to reverse this trend, including the improvement of relevant national legislation, the provision of penalties adequate to deter illegal trade, and especially the stepping up of enforcement efforts. In the latter regard, the Resolution urges parties and other range states,
inter alia, to ‘introduce innovative enforcement methods and, as a matter of priority, strengthen enforcement efforts in key border regions, and develop or improve implementation of regional enforcement networks’ and to ‘ensure that anti-poaching teams and enforcement units are established and effectively resourced to counter illegal killing of and trade in Asian big cat species’, with special attention for the ‘gathering and use of intelligence; targeting offenders; wildlife crime investigative techniques; collecting evidence; inter-agency liaison and cooperation; and preparing cases for prosecution’ (Res. Conf. 12.5). The cited provisions highlight an evidently essential issue of general application, that to be effective CITES controls need to be implemented and enforced on the ground. It is noteworthy in this regard that the CITES Secretariat has joined forces with four other intergovernmental entities—INTERPOL, UN Office on Drugs and Crime, World Bank and World Customs Organization—in setting up the International Consortium on Combating Wildlife Crime (ICCWC), which is dedicated to aiding national enforcement agencies and regional enforcement networks to increase the number of perpetrators of serious wildlife crimes being brought to justice (ICCWC
2013).
Convention on Migratory Species
With 120 contracting parties the CMS has a lower participation rate than the other global wildlife treaties, although this number is on a steady increase. CMS Appendix I lists ‘migratory species which are endangered’. Appendix II lists ‘migratory species which have an unfavourable conservation status and which require international agreements for their conservation and management, as well as those which have a conservation status which would significantly benefit from … an international agreement’. Species may be listed in both appendices simultaneously. The Convention defines ‘migratory species’ as species ‘whose members cyclically and predictably cross one or more national jurisdictional boundaries’ (Article I(1)(a)). However, the term has subsequently been interpreted by the CMS COP in a remarkably flexible manner, as actually encompassing any species whose range extends across more than one country. This approach has enabled the inclusion in the CMS appendices of species such as the mountain gorilla (
Gorilla beringei), Mediterranean monk seal (
Monachus monachus), and indeed several species of large carnivore that can hardly be considered migratory in the classical sense. Cheetah and snow leopard figure on Appendix I, and African wild dog and—since 2014—polar bear on Appendix II (see Table
1). Furthermore, at the most recent COP in 2014, CMS parties formally established that ‘
Panthera leo … and all its evolutionarily significant constituents, including
Panthera leo persica, satisfy the Convention’s definition of “migratory species”’, and called for an Appendix II listing proposal for the lion to be prepared for the next COP (COP Resolution 11.32). It thus appears that the CMS has evolved into an instrument focussing on the conservation of
transboundary rather than purely
migratory wildlife (Bowman et al.
2010; Trouwborst
2012), and its relevance for large carnivore conservation looks set to increase.
Cheetahs and snow leopards are listed in Appendix I, and a significant number of both species’ range states are CMS parties. These states are subject to a stringent requirement to prohibit the taking of cheetahs and snow leopards, except under strictly defined conditions (Article III(5)). ‘Taking’ is broadly defined as ‘taking, hunting, … capturing, harassing, deliberate killing, or attempting to engage in any such conduct’ (Article I(1)(i)). In addition, the Convention sets out more qualified duties to ‘conserve and, where feasible and appropriate, restore those habitats of the species which are of importance in removing the species from danger of extinction’ and, generally, ‘to the extent feasible and appropriate, to prevent, reduce or control factors that are endangering or are likely to further endanger the species’ (Article III(4)). Given their conservation status, dholes and tigers would seem to be serious candidates for future Appendix I listing.
Arguably the most important feature of the CMS is the mechanism whereby targeted subsidiary instruments are developed for specific species or groups of species, tailored to their conservation needs and circumstances. Parties that are range states of Appendix II species ‘shall endeavour to conclude AGREEMENTS (sic) where these would benefit the species and should give priority to those species in an unfavourable conservation status’ (Article IV(3)). The Convention sets out a number of criteria to be met by such AGREEMENTS, demanding inter alia that they cover the entire range of the species in question (Article V). In addition, CMS parties are ‘encouraged’ to conclude ‘agreements’ (lower case) for ‘any population or any geographically separate part of the population of any species or lower taxon of wild animals, members of which periodically cross one or more national jurisdictional boundaries’ (Article IV(4)). The latter option offers much more flexibility as to content and form. It is generally understood that AGREEMENTS need to be in the form of legally binding instruments, i.e. treaties, whereas ‘agreements’ under Article IV(4) may be either treaties or non-binding Memoranda of Understanding (MoUs). CMS instruments typically lay down a general obligation to take the necessary measures for achieving a favourable conservation status of the species concerned, accompanied by more specific obligations addressing specific threats, monitoring and research, etc. These specific commitments are often contained in an easily amendable Action Plan appended to the instrument itself. Altogether, there are currently 26 CMS subsidiary instruments in force—7 treaties and 19 MoUs—covering a much larger number of species. Generally speaking, CMS instruments appear to have made constructive contributions to the conservation of the species concerned, even if this is difficult to quantify.
So far, no CMS subsidiary treaties or MoUs focus on large carnivores, but this may well change. Legally speaking, the strongest case is for the development of an AGREEMENT on African wild dogs, given the species’ Appendix II status, its otherwise apparent fit with the wording of Article IV(3) of the Convention cited above, and the fact that most wild dog range states are CMS parties. The other large carnivore on Appendix II, the polar bear, appears a less likely candidate. Firstly, the CMS itself does not apply to Russia, the US, Canada or Greenland—although as a principle AGREEMENTS are open to accession by non-CMS parties, and Russia and the US are already signatories to certain other CMS instruments. Secondly, a dedicated international legal instrument already exists, the 1973 Agreement on the Conservation of Polar Bears. As noted previously, more large carnivores may be added to Appendix II in the future, possibly starting with the lion.
At any rate, from a large carnivore conservation perspective, ‘agreements’ based on Article IV(4) appear to offer the greatest potential. As Appendix II listing is not required, such CMS instruments may target (combinations of) species listed only in Appendix I or not CMS-listed at all. Moreover, the Article IV(4) avenue offers flexibility regarding the instruments’ geographic scope, overall content, and form. To illustrate the flexibility of scope, a CMS agreement might target a single large carnivore species in part or all of its range, or, for instance, cover all large carnivores in Africa.
It is convenient, furthermore, that CMS subsidiary instruments are open also to participation by states that are not parties to the Convention itself. For example, that Botswana, Namibia and Zambia are currently not yet parties to the CMS would not stand in the way of these countries becoming parties to (an) agreement(s) covering lions, cheetahs and/or wild dogs.
In light of the above, natural candidates for dedicated CMS instruments would appear to include maned wolf (
Chrysocyon brachyurus), African wild dog, dhole, tiger, lion, jaguar, cheetah, snow leopard, clouded leopard, giant otter (
Pteronura brasiliensis), Andean black bear (
Tremarctos ornatus), Asiatic black bear (
Ursus thibetanus), sun bear, brown hyena and striped hyena (
Hyaena hyaena). Even agreements targeting ‘Least Concern’ species such as gray wolf, puma (
Puma concolor), Eurasian lynx, brown bear and spotted hyena are within the Convention’s mandate. An unfavourable conservation status is not a precondition for the development of CMS subsidiary instruments, and any species with transboundary populations the conservation status of which is likely to benefit from international cooperation would be eligible. Incidentally, the case for transboundary population level cooperation regarding wolves, lynx and bears in Europe has already been made, and is a strong one (see “
The lessons being learnt in Europe” section).
Mention should, finally, be made of the existence of several cooperative ‘Special Species Initiatives’ carried out under CMS auspices which do not neatly fit the CMS subsidiary instrument format. One such initiative concerns Sahelo-Saharan megafauna and may benefit Saharan cheetahs (A.j. hecki), even if its principal focus is on several ungulate species. Particularly noteworthy is the recently launched, ambitious Central Asian Mammals Initiative, covering a range of ungulates as well as cheetahs and snow leopards. If the latter Initiative bears fruit, this could obviate the need for traditional CMS instruments for snow leopards and for cheetahs in Central Asia.
Convention on Biological Diversity
The CBD aims broadly for the conservation and sustainable use of biological diversity, including at the ecosystem, species and genetic level. The Convention comes close to universal participation, with virtually all states (193) and the EU as contracting parties. Whereas the CBD lacks lists of species requiring special attention, many of its obligations are plainly of relevance to large carnivores. These include duties regarding in situ conservation (Article 8), ex situ conservation (Article 9), sustainable use (Article 10) and environmental impact assessment (Article 14). To single out one of these, Article 8 requires each party, ‘as far as possible and as appropriate’, inter alia to establish a ‘system of protected areas or areas where special measures need to be taken to conserve biological diversity’, ‘[p]romote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings’, ‘[r]ehabilitate and restore degraded ecosystems and promote the recovery of threatened species’, and ‘[d]evelop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations’. Whereas the above provisions are just as binding as other treaty obligations, they are phrased in such a broad and qualified manner that it is difficult in practice to establish the boundary between compliance and violation. Parties evidently dispose of an ample margin to determine what, in their individual circumstances, is ‘possible’ and ‘appropriate’, although this discretion is certainly not limitless either.
Whatever the added value of its legal obligations as such, the CBD is also of significance—both generally and for present purposes—as a high-profile forum for signaling, discussing, and sharing information and experience regarding all kinds of conservation issues, and the development and adoption of non-binding but authoritative guidance regarding those issues by the CBD COP. Most of the strategic Aichi Biodiversity Targets, for instance, are relevant to large carnivore conservation, such as the 12th: ‘By 2020 the extinction of known threatened species has been prevented and their conservation status, particularly of those most in decline, has been improved and sustained’ (CBD Strategic Plan for Biodiversity 2011–2020). The only express guidance hitherto provided by the COP with regard to large carnivores can be found in two COP Decisions on mountain biodiversity. The first of these calls on CBD parties to ‘[a]ddress issues related to conflict between humans and other species, especially with regard to coexistence with predators’ (COP Decision VII/24, 2004). The other Decision ‘[e]ncourages Parties, where possible and appropriate, to develop and implement regional collaboration strategies and action plans for the conservation of mountain biological diversity including on animals that could cause conflict with humans in particular large predators’ (COP Decision X/30, 2010).
Evidently, large carnivore conservation is not a random subcategory of biodiversity conservation at large. Notwithstanding the peculiarities of specific species, populations, regions and countries, large carnivores have several traits in common which warrant a distinct approach that is sensitive to those traits. As elaborated above (“
Introduction” section), these traits include large carnivores’ (i) key functions in ecosystems, (ii) high potential for conflicts with human interests, (iii) strong international dimension, and (iv) worrying conservation status and decline of many populations. Whereas large carnivore conservation must evidently be fleshed out at regional and national levels, the need to incorporate the aforementioned special traits into conservation efforts applies across the globe. Given its mandate and scope, the CBD would appear the pre-eminent forum for the development of generic guidance in this regard, highlighting the importance of large carnivore conservation and sustainable use and setting out the basic ingredients of recommended conservation and management practices, so as to inform the eventually needed tailor-made approaches at regional and national levels. In particular, a CBD COP Decision on large carnivores could provide a valuable and authoritative reference point in this connection, whereas more detailed guidance could be disseminated by dedicating a volume of the CBD Technical Series to large carnivores.
Regional legal instruments
In addition to the five global treaties, many regional legal instruments are of relevance for present purposes. For instance, the African Convention included in Table
1 requires its 30 contracting parties to grant special protection throughout their territories to seven large carnivore species listed in the Convention’s Annex, including the prohibition of their ‘hunting, killing, capture or collection’ (Article VIII). For ‘Class B’ species lion, leopard, Cape clawless otter, brown hyena and Barbary hyena (
H.h. barbara) this prohibition may, however, be lifted ‘under special authorization’ at the discretion of the ‘competent authority’. For the ‘Class A’ species Ethiopian wolf and cheetah, exceptions may be made ‘only on the authorization in each case of the highest competent authority and only if required in the national interest or for scientific purposes’ (Article VIII). Other relevant provisions
inter alia address habitat protection (Article X) and the generic restriction of certain means of capture and killing, such as a prohibition on the use of poisoned baits (Article VII). A substantially revised and updated version of the Convention was negotiated in 2003, but has not yet entered into force.
Besides the European ones discussed in the next section, other relevant regional legal instruments include (but are not limited to) the 1940 Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere, 1973 Polar Bear Agreement, 1992 Central American Convention for the Conservation of Biodiversity and the Protection of Priority Wetlands, 1994 Lusaka Agreement on Cooperative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora, 1999 Protocol (to the 1992 Treaty of the Southern African Development Community) on Wildlife Conservation and Law Enforcement, and the 2001 Convention on the Conservation of Wildlife and their Natural Habitats in the Countries of the Gulf Cooperation Council.
To illustrate the most recent one, the Gulf Wildlife Convention is in force for Oman, Saudi Arabia, the United Arab Emirates and three smaller Gulf countries. Wolf, cheetah, leopard and striped hyena are included in Appendix II as species to be specially protected (Article 3(1)(B)). Generally, this regime entails ‘conserving such species, wherever they exist in natural habitats or whenever it is necessary to settle them’, which latter is an apparent reference to reintroduction. (Whereas this is from the English version as provided by the Gulf Council, please note that only the Arabic text of the Convention is authoritative). Moreover, parties’ obligations in respect of these species include ‘banning all forms of hunting or deliberate killing … or causing their disturbance, particularly during seasons of propagation and breeding’. Of special interest is the absolute nature of this ban, as the Convention does not contain a derogation clause of any kind.