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A Review of Conservation Legislation in Nepal: Past Progress and Future Needs

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A Review of Conservation Legislation in Nepal: Past Progress and Future Needs A Review of Conservation Legislation in Nepal: Past Progress and Future Needs JOEL T. HEINEN 1'* to the 1973 act allowed greater rights to rural villagers, BIJAYA KA'B'EL 2 and the designation of conservation areas in addition to Department of National Parks and Wildlife Conservation the more strictly defined protected areas (national parks, Babar Mahal, Kathmandu, Nepal wildlife reserves, etc.). ABSTRACT / Nepal is considered a leader among Our review of conservation legislation suggests that Nepal developing nations with regard to conservation legislation has had many successes to date; the country has a and programs; it was among the first Asian nations to protected area system covering over 10% of its land area, develop national conservation legislation, sign CITES, and and many target species are recovering in parks and develop a national conservation strategy. We review the reserves. There are also some causes of concern, history of modern conservation law in Nepal from the Rana including staff shortages, financial constraints within the period (early 1950s) to the present. The early legislation Department of National Parks and Wildlife Conservation, focused mainly on strict preservation of areas and and the fact that there is little legal infrastructure outside of species; this phase culminated in the National Parks and protected areas to enforce conservation laws; further, Wildlife Conservation Act of 1973. Subsequent legislation some aspects of hunting regulations are in need of has evolved more in the direction of an integrated, holistic revision. Primary needs include a comprehensive review of approach to conservation and is beginning to incorporate these policies and a nationalized strategy to ameliorate the the participation of local people; subsequent amendments shortcomings. Known for its natural beauty and expansive geog- This is the first time that many of the amendments raphy ranging from subtropical lowland forests to the to the National Parks and Wildlife Conservation Act highest peak on earth, His Majesty's Government of 2029 (1973) have been translated and reviewed in Nepal (HMG) has been a leader among the least de- English. We have used a variety of sources here be- veloped countries (LDCs) for its commitment to con- cause much of the information is unavailable in re- servation. The country's status as a densely populated viewed outlets; our sources include HMG documents, LDC, combined with a wealth of biological diversity United Nations technical documents, internal reports inherent to regions in low latitudes with great geo- of the Department of National Parks and Wildlife graphic diversity, lead to particularly complex conser- Conservation (DNPWC) and various international de- vation problems, and therefore rather complex legis- velopment agencies, and published accounts. Many lative solutions. In this article, we explore the recent individual wardens also supplied their assessments of history of conservation law and practice in Nepal with managerial problems and legal constraints to conser- a review of the history of policy and legislation from vation practices in Nepal, sometimes anonymously. 1957 to the present. We also present insights into the Our purpose is to present a brief review of the recent workings of the Department of National Parks and history of conservation legislation in the country and Wildlife Conservation and the King Mahendra Trust discuss what we perceive to be the strengths and weak- for Nature Conservation, the governmental and non- nesses of the legislation in the changing political and governmental agencies responsible for conservation economic climate of Nepal. activities in the country. An Historical Perspective KEY WORDS: Conservation; Legislation; Nepal The recent political history of Nepal has been dis- cussed by Bhatta (1987) and Bista (1991). Brief histo- *Current address: The University of Michigan, School of Natural Resources, Ann Arbor, Michigan 48109, USA. ries of conservation programs during the time period ~Current address: Colorado State University, Department of Fisher- from the 1950s to 1973 have been presented by ies and Wildlife Biology, Fort Collins, Colorado 80523, USA. Shrestha (1981), Gurung (1983), and Majapuria *Author to whom correspondence should be addressed. (1981). Here we provide some of the main points, Environmental Management Vol. 16, No. 6, pp. 723-733 1992 Springer-Verlag New York Inc. 724 J.T. Heinen and B. Kattel historically, which led to the passage of the 1973 Na- an office administratively under the Department of tional Parks and Wildlife Conservation Act. Forestry. Many of Nepal's existing parks and reserves The era of modern conservation in Nepal began in and several important wildlife populations were first the 1950s, with the overthrow of the Rana regime, the surveyed under this project (e.g., Bolton 1975, former hereditary prime ministers, and the restora- 1976a,b, Wegge 1976a,b, Lehmkuhl 1977, Dahmer tion of the monarchy. The late King Mahendra, the 1978, Dinerstein 1979, Kattel 1980, 1981), and the father of the current monarch, assumed the throne in project provided scholarships for many Nepali na- the mid-1950s, and the first wildlife law was published tionals to study natural resource management abroad, in Nepal in 1957 (HMG 1973, 1977a). This law of- mostly in the United States. The project was extended fered legal protection to rhinos and their habitat. In and lasted a total of almost six years, ending in July 1964, a rhino sanctuary was declared by royal decree 1979 (UNDP/FAO 1980). Probably the major accom- in part of what is now Royal Chitwan National Park, plishment of the project was its role in the implemen- and a special guard force, the Gaida Gasti (Rhino tation of the National Park and Wildlife Conservation Patrol), was also created that year. The Gaida Gasti is Act 2029 (1973), which has affected all subsequent still in existence to patrol areas adjacent to but outside conservation activities in the country. the boundaries of Chitwan National Park. This time period coincided with the malaria eradication pro- The National Park and Wildlife Conservation gram, financed by the World Health Organization Act 2029 (1973) (WHO) and the United States Agency for Interna- tional Development (USAID), with the aim of elimi- The 1973 act contained 34 sections and provided nating malaria from the Terai: the sparsely inhabited broad legislation for the protection of areas and spe- Nepali lowlands. Malaria eradication brought mass cies in Nepal (HMG 1973, 1977a). The purpose of this migration of people in need of land from the densely section is to present main topics covered in the act; populated middle hills of Nepal and the plains of subsequent amendments and regulations are dis- India. This was followed by rapid rates of forest clear- cussed later. ance in the formerly vast sal (Shorea robusta) forests, Section 2 of the Act described four different types and the concomitant decline of wildlife populations in of reserves, and provided the DNPWC with the legal Chitwan Valley, formerly a royal hunting reserve, power to create these reserves. The reserves are de- thus providing the impetus for King Mahendra's con- fined in Nepali legislation as follows: servation decrees. National Park. An area set aside for conservation, By the late 1960s, King Mahendra supported the management, and utilization of mammals, birds, veg- beginning of a long-term wildlife project to address etation, and landscape together with the natural envi- conservation issues in the entire country, with the ronment. help of the Food and Agriculture Organization (FAO) Controlled (Strict) Nature Reserve. An area of ecologi- of the United Nations, and the United Nations Devel- cal significance or significant in other respects, set opment Program (UNDP). The first FAO/UNDP in- aside for scientific study. volvement in wildlife conservation in Nepal began in Wildlife Reserve. An area set aside for the conserva- 1968, with the Trisuli Watershed Project, a joint ven- tion and management of mammals, birds, and other ture that employed one biologist who surveyed areas resources and their habitat. and made recommendations about the need for wild- Hunting Reserve. An area set aside for conservation life protection in the country (Caughly 1969). These and management of birds and mammals and other recommendations, as well as the growing concern resources to provide hunting to hunters. about declining wildlife populations, led HMG to re- The first three categories correspond approxi- quest another foreign advisor from 1970 to 1973 who mately to the International Union for the Conserva- did preliminary surveys in some areas (Blower 1971), tion of Nature and Natural Resources (IUCN) catego- and subsequently the HMG/FAO/UNDP National ries II, I, and IV, respectively (IUCN 1990). Hunting Parks and Wildlife Conservation Project began in reserves as defined above are not recognized by 1973 (UNDP/FAO 1973). The broad goals of this IUCN, but the broad goals of hunting reserves as project included the effective management and con- managed in Nepal (e.g., Wegge 1976a,b, Sharma servation of wildlife and their habitats in the king- 1982) correspond approximately to those of IUCN dom, the development of a national park and reserve category VIII. The act empowers HMG to create system, and the development of the Department of these four types of reserves and to transfer ownership National Parks and Wildlife Conservation, formerly for the purposes of declaring parks and reserves. In
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