scholarly journals Rethinking Indonesian Legislation on Wildlife Protection: A Comparison between Indonesia and the United States

2021 ◽  
Vol 5 (1) ◽  
pp. 143
Author(s):  
Febrian Febrian ◽  
Lusi Apriyani ◽  
Vera Novianti
Keyword(s):  
United States ◽  
Endangered Species ◽  
Best Practices ◽  
Endangered Species Act ◽  
The United States ◽  
Deterrent Effect ◽  
Criminal Cases ◽  
Legal Research ◽  
Wildlife Protection ◽  
Criminal Sanctions

In Indonesia, a crime against wildlife is still not well controlled. Several reasons are the fact that certain wildlife is still considered a threat by the community and the lack of implemented criminal sanctions. This paper compares the application of sanctions to perpetrators of wildlife crimes between Indonesia and America. Based on the Indonesian Law, Article 40(2) of the Law on Conservation of Living Natural Resources and their Ecosystems, a person who commits a crime against individual wild animals can be imprisoned for a maximum of five years and a maximum fine of one hundred million rupiahs. Meanwhile, the United States Law, the Endangered Species Act (ESA), charges wildlife criminals with criminal and civil penalties. In § 1540(a)(1) it provides that anyone who takes, imports, exports, transports or sells endangered species can be fined not more than $ 25,000. If the species is threatened in the group, the offender can be subject to a sentence of not more than $ 12,000. Also, additional criminal sanctions were imposed to revoke federal licenses, lease permits and hunting permits. This study aims to analyse criminal sanctions' enforcement in criminal cases against protected animals in courts in Indonesia and the United States to find best practices using normative legal research methods. The results show that the criminal sanctions against wildlife crimes in Indonesia have never reached the maximum sentence so that it is not sufficient to provide a deterrent effect for the perpetrators. Unlike in America, the imprisonment sanction for criminal sanctions for protected animals is still relatively weak, but fines and civil sanctions can be maximally applied.

scholarly journals Extinction and the U.S. Endangered Species Act

2019 ◽  
Author(s):  
Noah Greenwald ◽  
Kieran F Suckling ◽  
Brett Hartl ◽  
Loyal Mehrhoff
Keyword(s):  
United States ◽  
Endangered Species ◽  
Endangered Species Act ◽  
The United States ◽  
Species Extinction ◽  
Number Of Species ◽  
The U.S ◽  
Species Extinctions

The United States Endangered Species Act is one of the strongest laws of any nation for preventing species extinction, but quantifying the Act’s effectiveness has proven difficult. To provide one measure of effectiveness, we identified listed species that have gone extinct and used previously developed methods to update an estimate of the number of species extinctions prevented by the Act. To date, only four species have been confirmed extinct with another 22 possibly extinct following protection. Another 71 listed species are extinct or possibly extinct, but were last seen before protections were enacted, meaning the Act’s protections never had the opportunity to save these species. In contrast, a total of 39 species have been fully recovered, including 23 in the last 10 years. We estimate the Endangered Species Act has prevented the extinction of roughly 291 species since passage in 1973, and has to date saved more than 99 percent of species under its protection.

A quantitative analysis of the state of knowledge of turtles of the United States and Canada

2013 ◽  
Vol 34 (1) ◽  
pp. 11-23 ◽  
Author(s):  
Jeffrey E. Lovich ◽  
Joshua R. Ennen
Keyword(s):  
United States ◽  
Endangered Species ◽  
Conservation Status ◽  
Endangered Species Act ◽  
The United States ◽  
The Body ◽  
Scientific Disciplines ◽  
Evenness Indices ◽  
Access To Knowledge ◽  
Number Of Citations

The “information age” ushered in an explosion of knowledge and access to knowledge that continues to revolutionize society. Knowledge about turtles, as measured by number of published papers, has been growing at an exponential rate since the early 1970s, a phenomenon mirrored in all scientific disciplines. Although knowledge about turtles, as measured by number of citations for papers in scientific journals, has been growing rapidly, this taxonomic group remains highly imperiled suggesting that knowledge is not always successfully translated into effective conservation of turtles. We reviewed the body of literature on turtles of the United States and Canada and found that: 1) the number of citations is biased toward large-bodied species, 2) the number of citations is biased toward wide-ranging species, and 3) conservation status has little effect on the accumulation of knowledge for a species, especially after removing the effects of body size or range size. The dispersion of knowledge, measured by Shannon Weiner diversity and evenness indices across species, was identical from 1994 to 2009 suggesting that poorly studied species remained poorly-studied species while well-studied species remained well studied. Several species listed as threatened or endangered under the U.S. Endangered Species Act (e.g., Pseudemys alabamensis, Sternotherus depressus, and Graptemys oculifera) remain poorly studied with the estimated number of citations for each ranging from only 13-24. The low number of citations for these species could best be explained by their restricted distribution and/or their smaller size. Despite the exponential increase in knowledge of turtles in the United States and Canada, no species of turtle listed under the Endangered Species Act has ever been delisted for reason of recovery. Therefore, increased knowledge does not necessarily contribute appreciably to recovery of threatened turtles.

scholarly journals A new species of melolonthine chafer in the endemic Californian genus Dinacoma Casey (Coleoptera: Scarabaeidae)

2020 ◽  
Vol 17 (2) ◽  
pp. 28-35
Author(s):  
CONRAD P.D.T. GILLETT ◽  
KENDALL H. OSBORNE ◽  
J. BRADLEY REIL ◽  
DANIEL RUBINOFF
Keyword(s):  
United States ◽  
New Species ◽  
Endangered Species ◽  
Endangered Species Act ◽  
The United States ◽  
Scarab Beetle ◽  
Distribution Map ◽  
Dichotomous Key ◽  
Conservation Concern ◽  
A New Species

We describe Dinacoma sanfelipe sp. nov. from southern California, the first new species belonging to the melolonthine scarab beetle genus Dinacoma Casey, 1889 (Scarabaeidae: Melolonthinae: Melolonthini) to be described in 90 years, based upon examination of 141 specimens of that genus. Diagnostic comments, a dichotomous key, photographs of all species of Dinacoma, and a distribution map are presented to facilitate the identification of adult male specimens.  One species in the genus is federally listed under the United States Endangered Species act, and all known species may be of conservation concern. Key words: Scarabaeoidea, Melolonthini, scarab beetle, insect conservation, cryptic species

scholarly journals Structured Decision-Making Incorporates Stakeholder Values into Management Decisions Thereby Fulfilling Moral and Legal Obligations to Conserve Species

2019 ◽  
Vol 10 (1) ◽  
pp. 250-265
Author(s):  
William R. Brignon ◽  
Carl B. Schreck ◽  
Howard A. Schaller
Keyword(s):  
United States ◽  
Decision Making ◽  
Endangered Species ◽  
Conservation Planning ◽  
Endangered Species Act ◽  
The United States ◽  
Management Decisions ◽  
Stakeholder Values ◽  
Structured Decision Making ◽  
Moral Philosophies

Abstract More than 1,500 species of plants and animals in the United States are listed as threatened or endangered under the Endangered Species Act and habitat destruction is the leading cause of population decline. However, developing conservation plans that are consistent with a diversity of stakeholder (e.g., states, tribes, private landowners) values is difficult. Adaptive management and structured decision-making are frameworks that resource managers can use to integrate diverse and conflicting stakeholder value systems into species recovery planning. Within this framework difficult decisions are deconstructed into the three basic components: explicit, quantifiable objectives that represent stakeholder values; mathematical models used to predict the effect of management decisions on the outcome of objectives; and management alternatives or actions. We use Bull Trout Salvelinus confluentus, a species listed in 1999 as threatened pursuant to the Endangered Species Act, as an example of how structured decision-making transparently incorporates stakeholder values and biological information into conservation planning and the decision process. Three moral philosophies—consequentialism, deontology, and virtue theory—suggest that structured decision-making is a justified method that can guide natural resource decisions in the future, consistent with United States Congress' mandate, and will honor society's obligation to recover Endangered Species Act listed species and their habitats. Natural sciences offer a biological basis for predicting the outcomes of decisions. Additionally, an understanding of how to integrate humanities into scientifically defensible conservation planning is helpful in providing the foundation for lasting and effective species conservation.

scholarly journals UPAYA PERLINDUNGAN SATWA LIAR INDONESIA MELALUI INSTRUMEN HUKUM DAN PERUNDANG-UNDANGAN

2021 ◽  
Vol 2 (2) ◽  
pp. 29-48
Author(s):  
Fathi Hanif
Keyword(s):  
International Trade ◽  
Law Enforcement ◽  
Endangered Species ◽  
International Law ◽  
Deterrent Effect ◽  
Criminal Cases ◽  
Wildlife Protection ◽  
Critically Endangered Species ◽  
Wild Fauna ◽  
Resources Conservation

Abstrak Saat ini perlindungan jenis satwa atau hidupan liar diatur dalam instrumen hukum internasional seperti Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) tahun 1973. Undang-undang No.5 tahun 1990 tentang Konservasi Sumberdaya Alam Hayati dan Ekosistemnya danperaturan pelaksanaan lainnya mengatur perlindungan jenis satwa atau hidupan liar di Indonesia. Hingga saat ini masih banyak kasus kejahatan yang berkaitan dengan perburuan dan perdagangan satwa atau hidupan liar yang dilindungi, seperti kasus penyelundupan kakatua jambul kuning di Surabaya pada medio Maret 2015. Implementasi perundang-undangan bidang ini belum efektif dari sisi perlindungan satwa di habitatnya maupun menjerat maksimal pelaku kejahatan. Tulisan ini menyimpulkan bahwa instrumen hukum nasional yang melindungi satwa dan tumbuhan liar belum memiliki kelengkapan ketentuan yang mengacu pada CITES sepenuhnya, dan ancaman sanksi yang ada juga tidak menimbulkan efek jera pelaku kejahatan. Dibutuhkan revisi perundang-undangan dibidang konservasi, perlindungan satwa atau hidupan liar yang sejalan dengan perkembangan instrumen hukum internasional. Abstract The protection of wildlife stated in the international law instruments such as Convention on International Trade in as Critically Endangered Species of Wild Fauna and Flora (CITES) in 1973. Law No. 5 of1990 regardingNatural Resources Conservation and ItsEcosystems and related goverment regulations governprotection of wildlife in Indonesia. Recently, there are still many criminal cases related to poaching and trade of wildlife or protected animals, such as yellow-crested cockatoo smuggling cases in Surabaya on March 2015. Implementation of regulation and the law enforcement concerning wildlife is not effective to protect animals in their habitat. The legal instrument in the national leveltoprotect wildlife isnot complete and comprehensive yet,especially compared with the norms ofCITES and its regulations;andthe punishment did not make the deterrent effect to the perpetrators. There is aneed to push the goverment to make a revision the regulation regarding conservation and wildlife protection that are in line with the international law instruments.

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