REVISION DE POLITICA DE COMERCIO DE VIDA SILVESTRE EN NICARAGUA

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Results of Wildlife Trade Policy Review in
Nicaragua April, 2008
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PROJECT TEAM
CENTRALAMERICAN UNIVERSITY M.Sc. Stern Robinson .
M.Sc. Mario A. Gutiérrez G. Lic. Octavio
Saldaña T. Lic. José Morales M.
Project Implemnte in coordination with
MARENA Coordinator Ing. Rene Castellón
http//www.uca.edu.ni/ E-mail stern_at_ns.uca.edu.ni
http//www.marena.gob.ni
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MANDATE AND BACKGRAOUND

• In january 2006, the UNEP-UNCTAD (UNEP-UNCTAD
  CBTF), the CITES Secretariat and the Institute
  for Development Studies IUED in Geneva lauched
  the project
• Strengtening national capabilities for
  evaluating wildlife trade policies or CITES
  Policy Review or CPR

Mandate contained in Decisión 13.74 adopted in
CoP 13 which directed the Secretariat, in
cooperation with the parties to review their
national policies regarding the use of and trade
in specimens of CITES-listed species.
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GENERAL OBJECTIVE

• To review the national policy on wildlife trade
  in Nicaragua, establishing the relationship
  between the evolution of this policy and the
  implementation of CITES, taking into account
  environmental, social and economic considerations

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SPECIFIC OBJECTIVES

• To review the application of the wildlife trade
  policy in Nicaragua.

• To identify the differents actual legal
  instruments that makes up the Wildlife Trade
  Policy.

• To evaluate the coherence between the components
  of the Wildlife Trade Policy.

• To assess implementation and effectiveness of the
  policy.

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SPECÍFIC OBJECTIVES

• To determine the environmental, economic and
  social impact of the implementation of Wildlife
  Trade Policy.

• To propose measures and recomendations to improve
  the content of Wildlife Trade Policy in
  Nicaragua, applicable to CITES species.

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METHODOLGY
Interview with hunters and community authority of
Lamlaya, RAAN
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METODOLOGÍA

• Team Workshop March 22nd and 26th, 2007

• Launching Workshop May 17th, 2007.

• Participants
• Representatives of exporting companies,
  Government institution, researcher and NGOs

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METODOLOGÍA

• Field visit 11 sites visited, including
  indigenous commuties, country border
• and Autonomous regions RAAN y RAAS.

• Application of surveys and field interviews

• Gadering of Secondary and field information and
  analisys

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SITES WHERE FIELD INTERVIEWS WERE CONDUCTED
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METHODOLOGY
Interviews and applicatión of semi-structure
survey

• Wildlife researchers
• NGOs
• Universities
• Governmental Institutions linked to wildlife
  trade
• PGR,
• INAFOR,
• MIFIC,
• MAGFOR-CETREX,
• POLICIA NACIONAL,
• MARENA

• Workshop validation March 31st, 2008

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RESULTS OF THE WILDLIFE TRADE POLICY REVIEW
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Informe de resultados del Examen de la política
de comercio de vida silvestres de Nicaragua
Description of the context
The country profile
Nicaragua located in middle Central
America Size 130 373,47 km²
Limits North Honduras, EastAtlántic Ocean,
South Costa Rica West Pacífic O. Capital
Managua
Nicaragua, Managua City
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Descripción del contexto
Climate
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Description of the context
Biodiversity
Fauna 14 000 invertebrates species estimated.
1 800 vertebrates species. Flora 6 500
species of vasculars plants, including ferns,
angiopermaes and gimnospermaes.
72 Protected Areas representing total area of
17 of the national territory equivalent to 22
163,49 Km2 (MARENA, 2007). The most important
Biological Reserves of the country due to their
highg biological diversity and ecosytems are Río
Indio Maíz, south east of the border with Costa
Rica and BOSAWAS to the north-west borden with
Honduras.
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Descripción del contexto
STATE OF THE ENVIRONMENTE
The main pressing environmental problems in
Nicaragua are

• Forest lost and its transformation to
  unsustainable agriculture systems
• Increase of marginal soils with low agriculture
  and forest productivity
• Continual lost of PA, in extensión and integrity
  with consequent lost of its biodiversity and
  ecosystems on which wildlife depends.
• Increase on ilegal wildlife extractión for
  survival

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Consequencies of the advance of the agriculture
frontier
Advance of agriculture frontier
Soil deterioration
Lost of forest with forestry potential
Pollution and, sedimentatión of water resourses
Pérdida de ecosistemas naturales protegidos
Lost of water resource in quantity and quality
Increase of marginal soils
Estado del ambiente
Lost of biodiversity
Natural disasters (draught and floods)
Deficiwent solid waste management, pestecides,
industrial and doméstic pollution
Increase in ilegal extractión of wildlife
Low quality of life and environment
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Descripción del contexto
Population
Population 5 142 098 inhabitants,
Population growth 1,7 anual Population
density 47 inhab./km2 (INEC, 2005).
Poverty
Country poors 2,4 mill persons 46,2 1,7
million of poors live in rural area, income lt
USD1,00 Extreme poverty 600 mil persons,
income lt USD0,50
The 62 poors income, and extremely poor, depends
on agricultur. The agricultur and forestry
sector employs about 38 of the working force and
generates the 65 of the country exportation.
One of every two nicaraguan are poor
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Descripción del contexto
Health

• The mortality rate is 5,2 for thousand born live
  
• Infant mortality rate, younger than one year old,
  is 30,1 dead per thousand born alive.
• Maternal mortality rate is 115 deaths for every
  one hundred thousand child born alive (MINSA,
  2002)

Employment
Population 5 142 098
inhabitants, Working Force (PEA) 2 204 300
inhabitants Employed 2 089
800 inhabitants Unemployed
114 500 inhabitants Unemployment rate
5.2
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Descripción del contexto
Education

• Level of educatión of the poor 2,2 years of
  educatión
• Level of educatión of considered not poor 5,5
  years
• Illiteracy 35, associated to poverty
• Population older than 10 year 20,5
  illiterate.
• 12 person living in extreme poverty is
  illiterate.
• 12 Indegenous person those not conclude primary
  education

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Descripción del contexto
Gross Domestic Product (PIB)
Gross Domesticl Product in 2006 was 3,7, the
lowest in Central América. The main activities
contributing to the economy are
Agricultur Dairy, Fisheries and silviculture,
Note that wildlife contribution to the economy is
not accounted for.
The principal exportation products of Nicaragua
are

• Meat with USD147 millions
• Cane Sugar with USD 58,4 millions
• Shrimps with USD 47,5 millions
• Live Cow with USD 39,1 millions.

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Wildlife commerce Wildlife are use for

• Source of animal protein

• Sport hunting
• Trophy
• Source of food

• Comercialization of bush meat

• Raw material for Craftsmanship

Local indígenous communities uses oil from
armadillo Dasypus novemcinctus for respiratory
infections, almizcle from Caiman crocodilus
chiapasius for ear ache. Plants are use as food,
fruits and as medicine for the control of
diabetes, for example.
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Actual Wildlife Trade
Legal Trade
In Nicaragua wildlife exportations are autorize
by CITES-NI in the MARENA. Up to 2004 marketed
species came from nature and from specimens
reared in captivity, after that date species for
exportation came only from animals reared in
captivity, regulated by the Nicaragua Obligatory
Standard (NTON 05 020 02)
Live reptiles specimens object of exportation are
boas, iguanas, lizards and galecians, as well as
products made from crocodillus, boas, and
toads Live fauna for exportation comes from
farms, while crocodillus skins for process
products, come from nature skins from boas and
toads come from local exploitation and ilegal
commerce.
Use and wildlife commerce, represents an
alternative livelihood, in the absence of
employment opportunities.
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Ilegal Trade
The control of ilegal Flora and Fauna trade is
ineffecient due to the lack of humana
capabilities, logistics and economical resource.
Their is also a notable deficiency in law
enforcement

• The main species being commercialized ilegaly
  are
• Parrots Ara macao
• Psitacidos Amazona auropalliata
• Gallegos Basiliscus plumifrons,
• Iguanas Iguana iguana
• Sloth Choloepus hoffmanni
• Turtle eggs Lepidochelys olivacea,
• Black shel fish Anadara tuberculosa, etc.

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Illegal traffic routes of flora and fauna in
Nicaragua
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Opinion of civil society and managers of the
legal framework for trade and ilegal traffic
(n120)
48 of the civil society segment believes that
the illegal traffic has increased, while 47 of
the managers of the legal framework enforcement
believes that trade has declined
27
Opinion of flora and fauna user, civil society
and administrators of políticies concerning
suspensión of quotas for use and ilegal traffic
(n119)
43,7 believes that the suspension of quotas
contributed absolutely to ilegal trafficking of
flora y fauna.
28
Actors and activities involved with the marketing
of turtle
29
Actors that benefit from the legal or ilegal
use of caiman
30
Wildlife Trade Drivers
Legal or illegal wildlife trade in Nicaragua is
driven by different socioeconomical and cultural
factors, amongst which can be mentioned

• Lack of economical alternatives for rural poors.
• Political measures implemented by government,
  suspension of quotas, for exemple.
• Poverty, lack of sufficient income and limited
  access to food, health and education.
• Costums and culturals believes. On eastern
  Nicaragua their is a traditional cosumption of
  turtle by indigenous communities.
• Profit making.

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Policy Content
A writen policy as such was not identify, however
in practice a number of regulatory instruments
issued as Decree, Laws and Administrative
Dispositions are applied by the MARENA. These
legal instrumentes are derived from different
Convention mainly CITES.
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RESULTADOS
Instruments
History
The evolution of institutional management in
regards to wildlife commerce in Nicaragua can be
devided in three moments
Preconvención comprises the period 1974 a 1977,
stage where measures adopted in regards to
wildlife was administrated by the Ministry of
Agricultur and Livestock (MAG), oriented mainly
to regulate hunting. Nicaragua signed and
ratified the CITES in 1977. However, not
immediately implemented.
Transition period comprises 1978 a 1988, a
profound change in the country took
place(Sandinista Revolution) with a total
reorganization of public administration and the
Nicaragua Institute for Natural Resources was
created. However CITES-NI was not fully
implemented

• Opening stage to exportation
• Started in 1986 with the exportation of
  Psitácidos(parrots)
• In 1992 the Mamagement and Scientific Authority
  was appointed with a structure and budget

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Policy Instruments (Legal frame)
Regulatory Instruments
CITES convention is the first instrument in the
country that sets the foundation for regulating
the international commerce in flora and fauna.
Nicaragua has a General Environmental Law issued
in 06/06/96 and is considered the legal frame
that defines the norms and mechanism in regards
to the use, conservation, protection and
restauration of the environment and natural
resources in a sustainable manner. It recognizes
the sustainable development concept.
The General Environmental Law also establishes
the guide lines for the economic and social
development of the country, as well as the
obligation of the state and citizens to protect
their natural resources, including wildlife.
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Policy Instruments
Regulatory Instruments
Regulatory instruments actually applied by
CITES-NI-MARENA to regulate the use of wildlife
are
Decree 8-98 Norms and Procedures for the
Exportation and Importation of Flora and Fauna
in Nicaragua Regulatory instruments for
international commerce of CITES species
Ministerial Resolution No. 013-99 Ban System for
nicaraguan wildlife species
Ministerial Resolution No. 013-99 Licence and
Permits System to acces, local comercialization,
exportation and reproduction of biodiversity
resources.
35
Policy Instruments
Regulatory
Law for the Conservation and Protection of the
green Iguanas and Garrobos iguanas
Norms and Procedures for the Exportation and
Importation of Wildlife Species of Flora and
Fauna of Nicaragua (Decreto 8-98)
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Policy Instruments
Non Regulatory
Financial assistance for animals rear in
captivity Actually not in use
Publicity Sporadic, with funds from exportation .
Training program, carried out at national level
mainly for government agencies (Police, Army,
Customs .
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Policy Goals and Principles

• Given that there is no writen policy, goals and
  principles were identified from different legal
  instruments, mainly the laws.
• The General Environmental Law (Law 217) states
  that the objective is to establish the norms for
  conservation, protection and restauration of the
  environment and natural resources, ensuring its
  rational and sustainable use, in accordance with
  the Constitution.

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Principles of Law 217

• The environment is considered a national wealth
  an is the foundation for a sustainable
  development of the country.

• It is all nicaraguan duty to protect their
  environment and natural resources.

• The prevention criteria prevails over any other
  in the public and private management of the
  environment.

• The principle of Solidarity with the indigenous
  people and Communities of the Autonomous Region,
  Pacific and Central region of the country .

• Principle of sustainable use of natural resources
  should be considered.

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Instrumentos de aplicación de la política
Goals and Principles
Ministerial Resolution No.10-2000 related to
Adminstrative Procedures for the devolution of
animals to its habitat and illegal botanical
samples extracted from PA, has as objective
To establish the admintrative procedures for the
devolution of animals to its habitat and illegal
botanical samples extracted from PA. Very
punctual.
Principles and goals in the legal frame is more
general, therefore the goals of a wildlife policy
is not clear. Should be incorporated to a
Wildlife trade Policy
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Other related policies

• Other Related Policies to wildlife
• Forestry Development Policy
• Fishery Policiy
• Land Policy

Actually Nicaragua is making an effort to
integrate existing environmental policies into a
Policy for the Environment and Natural
Resources Sector and its Action Plan. Policies

• Watershed and Natural Resource Policy.
• Conservation and Management of PA and the
  Biodiversity Policy
• Environmental Quality Policy
• Adaptation and mitigation in the face of Climatic
  Changes Policy
• Development of environmental management

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Implementation Actors
At national level administration and management
are carried out by CITES-NI Management Authority,
located in the Biodiversity Direction, MARENA.
Scientific function is asigned to an external
Scientific Comitee integrated by universities
(UCA, UNAN, URACAN, BICU, UNA). Does not
function as such.
Enforcement function is carried out with the help
of National Police, Army, Customs and
Environmental Prosecutor
Other related actors INPESCA -fishery,
INAFOR-forestry, MIFIC-give consessions, Regional
Government
42
RESULTADOS
Means and resources

• -To carry out their functions MARENA-CITES
  depends only on one Management Authority and one
  technical staff in charge of permits, inspections
  and records.
• -Inspection functions was decentralized to
  territorial offices, but limited resources and
  multiple responsabilities interfere with
  efficiency.

Financial resourcesDepends on state budget.
Covers operation and salary only. Insufficient
for mobilization, especially to borders.
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RESULTADOS
Delivery of the policy

• CITES-NI Management Authority draws up an Annual
  Operation Plan that is evaluated in terms of
  compliance, but there is no evaluation of how the
  legal frame is doing.

• There are formats(Biologicl info., animals breed
  for exportation, etc) to evaluate and make follow
  up on the application of regulatory instruments,
  mainly for animals in captivity C but very
  little for monitoring and evaluating the commerce
  of wildlife at national level.

44
Policy Impacts
45
Policy Impacts
A solid quantitative evaluation of the policy or
legal frame impacts on wildlife commerce and the
environment is difficult. However, data compiled
on the matter can give us some idea of whats
happening
Environmental Impacts A research carried out by
FAO, infered that between the year 1950-2000,
Nicaragua has lost 29 628,33 Km2 of forest at a
rate of 59 267 ha/year.
46
Changes in Macaw population(Psitacidos)
Compairing three Psitacidos population study, it
shows that there is a reduction of 60 (2,175) of
the population size since 1994-1995 (3,592). All
three studies made on same site.
47
Survey results Civil Society and policy managers
believes that the application of regulatory
instruments have had a positve impact on wildlife
population (n74)

• 71 of policy managers believes that wildlife
  population has recovered. 29, No
• 55 of Civil society believes that wildlife
  population has recovered. 45, No

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ECONÓMIC AND SOCIAL IMPACTS
( La Esperanza Project, 2003)
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RESULTADOS
ECONOMIC AND SOCIAL IMPACT OF FORESTRY
EXPLOITATION BAN
During 2003 to 2005 there was an alarming
increase in mahogany lumber exploitation. The
Forest Authority issued a ban and production drop
50 in 2006. The impact of this measure was an
increase in ilegal exploitation, decrease of
income and unemployment, and political crisis
with the sector. Consecuence not intended Lumber
Exportation (FOB) (Thousand of U)
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RESULTADOS
Social Impact
Quantification of social impact of wildlife trade
in rural areas is still difficult. During field
trip, no tangible positive impact was evident,
rural área quality of life does not seems to
change

• Poverty situation is not better than ten years
  ago. 1.7 Million poor in countryside with less
  than a dollar income per day.

• Malnutrition is extended and high food insecurity

• Low access to education

• High vulnerability to deseases

• Migration from rural areas to city and to
  neignboring country

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RESULTADOS
Analisis of legal frame and its impacts
Relevance The laws are relevant but
insufficient to sustain domestic and
international trade of CITES species, which do
not respond to the solution of the high pressure
in the degradation of their habitat and
biological productivity.
Although the overall framework of environmental
mandates to develop specific laws for the
conservation of biodiversity, this has not been
capitalized in the drafting of legislation for
the sustainability of Wildlife, and consequently
a policy of wildlife law would be advisable.
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RESULTADOS
Analisis of legal framework and its impacts

• Relevance
• Nicaragua has a framework of environmental law of
  regulatory instruments that are consistent,
  coherent and open to the drafting of new laws and
  rules that would strengthen a policy on the
  sustainable use of wildlife.

• The current legal framework on the sustainability
  of wildlife trade is not updated and is
  inadequate in relation to the current situation.
  Despite the absence of a wildlife policy, the
  development of regulatory and non-regulatory
  instruments are properly articulated and contain
  elements of a policy on wildlife trade.

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RESULTADOS
Analisis of legal frame and its impacts
Consistency Over the past 10 years the
institutions responsible for implementing the
legal framework for trade in wildlife have made a
major effort to give coherence to the legal
regulatory instruments, policy, laws, decrees and
regulations relating to the sustainable
management of wildlife.
However the existing legal framework is applied
partially and sometimes with discretion, and
inadequate operational tools for law enforcement,
presenting inconsistency between what the law
mandates and their implementation in practice.
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RESULTADOS
...Analisis of legal frame and its impacts
The effectiveness The country has a number of
strategies and programmes at the national and
regional level with the objectives of enhancing
the sustainability of wildlife, and whose
implementation will help enhance the
effectiveness of a policy for sustainable use of
wildlife. However, national entities have serious
limitations, because of their low institutional
capacity, limited financial and operational
resource to put them in place.
The system of monitoring and research The lack
of development of research and monitoring of
CITES species are limiting first, to define
quotas that are credible, reliable and
acceptable and secondly it do not permit the
assessement of the status of species and
territorial priorities and thirdly, it makes it
difficult to measure and value the conservation
status of CITES species.
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RESULTADOS
...Analisis of legal frame and its impacts
The budget earmarked for the sustainable
management of trade in wild life, is presently
limited and concentrated mainly on permits with
serious gaps in the monitoring and investigation
of CITES species under pressure of use and in the
custody of the commercial chain. Part of the
budget are supplemented by external resources,
which have decreased in recent years.
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RESULTADOS
Conclusions

•  The CITES in Nicaragua has strengthened its
  ability to manage and regulate wildlife trade
  nationally and internationally, with particular
  emphasis on endangered species and endangered
  species (CITES species).

• When analyzing the value chain of exploitation of
  wildlife, it is evidence that the income
  generated from the trade of species from natural
  systems,is focus on a small group, with few if
  any benefits to communities and rural
  populations.

It identifies constraints capabilities
(personnel, technical and financial resources and
logistics), which have limited largely optimal
implementation of the legal framework and
sustainability of trade.
57
RESULTADOS
...Conclusions

•  The decentralization of CITES-Ni functions to
  territorial delegations, without additional
  technical and operational resources, hampers the
  effective implementation of the same.

• In Nicaragua there is no wildlife trade policy
  specifically for the sustainable use of species
  under national and international trade.

• The regulatory instruments for the sustainable
  management of wildlife trade are pertinent,
  relevant and coherent.

58
RESULTADOS
...Conclusions

•  The non-regulatory tools to measure
  effectiveness in sustainable wildlife trade are
  of poor implementation, being the
  highest-priority monitoring, research, education,
  publication and dissemination.

• This situation as not allowed a serious
  quantitative evaluation of the economic, social
  and environmental consequences of the wildlife
  trade.

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RESULTADOS
 Recommendations

• To develop a Policy on wildlife trade that
  respond to the problem of degradation of the
  species of wildlife and their habitats. The
  policy must integrate the following key
  approaches

• Sustainability of the species,
• Replenishment,
• Incentive,
• Equity,
• Feasible financial mechanisms
• Local Governability.

It should also incorporate the objectives,
principles and goals that is in the General Law
of Environment and Natural Resources, as well as
other policies as defined in Nicaragua
Environmental Policy and the National
Biodiversity Strategy.
60
2. To strengthen institutional capacities in the
sustainable management of wildlife trade. Special
attention given on the operational monitoring
instruments, research, education, publication and
dissemination.
3. MARENA must establish strategic alliances with
universities, research centres and other entities
with the capacity to implement the monitoring,
research and education instruments.
61
 Recommendations
4. Design a systems for monitoring and research
with standardization of methodologies and
indicators to assess the sustainability of the
species under CITES list.
5. Design and implement a system of education,
communication, and outreach to rural actors to
change attitudes in the sustainable use of
wildlife.
6. Establish a standard for studies and
investigations that ensure the biological
criteria for the establishment of quotas.
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RESULTADOS
MONITORING AND CONTROL
As a first step to implement the recommendations
of this review the Ministry of Environment and
Natural Resources(MARENA) must adopt and promote
the dissemination of the document to the
institutional entities to serve as input for the
strategic planning process of formulating the
policy.
As a next step is suggested that technical
expertise and financial assistance is secured.
It is essential for the development of a wildlife
trade policy in Nicaragua to ensure the effective
participation of the key players involved,
directly and indirectly wildlife trade.
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RESULTADOS
...MONITORING AND CONTROL
Monitoring and follow up of implementation should
be carried out through the bodies and mechanisms
already existing in the Ministry of Environment
and Natural Resources. The key units in the
implementation and subsequent follow-up should
involve the Directorate General for Planning,
Directorate of Biodiversity and Cultural Heritage
and the National Environmental Information
System.
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RESULTADOS
OPTIONS
Considering the need to develop a national policy
on wildlife trade the following aspects should
be taken into account
- The MARENA must secure financial and
specialized technical assistance for the
formulation of the policy on wildlife trade.
- Secure consensus of those involved in wildlife
trade of the positive benefits of a policy for
sustainable use of wildlife.
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THANK YOU