Main photo caption-Wild caught lizards and reptiles by the two Russians. Image courtesy DWC

• Speculation is rife as to whether these foreigners collect exotic animals to be traded at Terraristika - the world’s largest reptile fair in Germany
• Global trade in wild-caught reptiles is estimated to be worth around USD 159 billion annually
• Social media posts relating to the trade of these animals reveal that many animals die by the time they reach the destination country

The Embilipitiya Magistrate Court recently imposed an unprecedented fine of Rs. 116 million on two Russians who were caught while collecting specimens at the Sinharaja UNESCO World Heritage Site and Horton Plains National Park. Having arrested the two individuals following a tip-off the Department of Wildlife Conservation (DWC) officials discovered over 230 specimens in the possession of these Russians. Upon being proven guilty of the crime, the courts filed 1067 charges against each suspect and suspended their passports until the fine is paid. The specimen included the Dumbara horn lizard, green lizard, ahatulla, fireflies, snails, frogs endemic to the Sinharaja rainforest and various other specimen. Wildlife experts and conservationists commended the efforts by authorities to not only apprehend perpetrators, but also impose a hefty fine on the perpetrators. However, speculation is rife as to whether these foreigners collect exotic animals including reptiles, agamids and amphibians to be smuggled out of the borders to be traded at Terraristika - the world’s largest reptile fair in Hamm, Germany. 

The world’s largest reptile fair 

The trade in exotic reptiles has been growing since the 1980s. Global trade in wild-caught reptiles is estimated to be worth around USD 159 billion annually. Research studies indicate that around 35% of reptile species are traded online while three quarters of this trade in species are not covered by international trade regulation. Many of these species include either endemic or range-restricted species especially from hotspots within Asia. Around 90% of traded reptile species and half of traded individuals are captured from the wild; similarly to the incident involving the two Russians. One of the earliest incidents took place in 2012 where a group of six foreigners were arrested for the illegal possession of endemic amphibians and reptiles. Their ‘wildlife expedition’ was organised by a Europe-based company named Exo-Terra which specialises in amphibians and reptiles and sells terrariums and other products required for amphibian and reptile husbandry. They are also one of the main sponsors at Terraristika. Terraristika is a quarterly event that attracts large crowds interested in the trade of exotic species. In just 24 hours, a lot of money is made at this event while these individuals deliberately seal the fate of many exotic animals who belong in the wild. Traders opine that the trend for animals depend on color morphs and rarity of the specimen which indicates that stricter regulation should be enforced to protect endemics. Social media posts relating to the trade of these animals reveal that many animals die by the time they reach the destination country and traders often demand the money back. Investigations also reveal that despite thousands of euros being exchanged at pet trade fairs, it is difficult to determine whether these deals are legal. On the other hand international animal rescue groups have raised alarming concerns on the welfare of the animals at large pet trade fairs.

Did CITES fail Sri Lanka?  

At the CITES CoP18 summit held in Sri Lanka in May 2019, Sri Lanka proposed to list its endemic hump snout lizard on Appendix I. This lizard is in high demand in the international pet trade due to its spectacular coloration, resulting in a decline in population. Since 2011, significant numbers of illegally collected hump snout lizards have been documented in trade in Europe, Asia, and the United States. 

A report by Jordi Jannsen and Dr. Anslem De Silva on ‘The presence of protected reptiles from Sri Lanka in international commercial trade’ states that Sri Lankan authorities submitted four CITES proposals to the eighteenth meeting of the Conference of the Parties (CoP18). The proposals relate to the Black-cheek Lizard Calotes nigrilabris, Pethiyagoda’s Crestless Lizard Calotes pethiyagodai, horned lizards Ceratophora spp., Pygmy Lizard, Knuckles Pygmy Lizard and Hump-nosed Lizard Lyriocephalus scutatus, all proposed to be included in CITES Appendix I. 

Environmental experts commended the efforts taken by authorities to not only apprehend perpetrators of the recent crime, but their efforts in calculating a heavy fine based on definite identification of the species. While commending efforts by authorities to apprehend perpetrators and impose a heavy fine based on definite identification of specimen, Senior Environmental Lawyer Dr. Jagath Gunawardene said that the suspects had collected lizards which are either critically endangered or endangered and therefore they have the highest value in the pet trade. 
Many of these species have been listed in CITES Appendix I. Appendix I includes species threatened with extinction. Trade in specimens of these species is permitted only in exceptional circumstances. Dr. Gunawardena further said that in 2019 Sri Lankan authorities wanted to include many of these exotic species in CITES Appendix I. “But the European Union instructed DWC and Ministry of Wildlife to include some of these species in Appendix II. Appendix II include species not necessarily threatened with extinction but in which trade must be controlled in order to avoid utilization incompatible with the survival. “This has therefore given an opportunity for smugglers to capture and trade these animals. In other words, CITES has given them an opportunity to engage in illegal trade,” Dr. Gunawardena added. “Some species are not even listed. The fact remains that CITES has failed us. Eastern European countries have tried to put diplomatic pressure but governments shouldn’t break their laws to protect smugglers,” he said. 

The CITES Convention also comes under the European Union’s Generalised System of Preferences Plus (GSP+) that provides additional trade incentive to developing countries including Sri Lanka. 

Under available legal provisions stipulated in the Customs Act of Sri Lanka and with available limited resources, Sri Lanka Customs is working hard to detect illicit wildlife trafficking at the country’s exit points (ports and airports). Speaking about the role of Customs, Dr. Gunawardane said that the Customs can seize any animals smuggled through their checkpoints. “There should be a concerted effort by the DWC, Customs, Police and other authorities to apprehend perpetrators in similar wildlife crimes,” he added. 

Dr. Gunawardane further acknowledged the efforts taken by the National Zoological Gardens to conduct definite identifications of all specimens that were in the possession of the two Russians. “If the zoo hadn’t identified the animals we wouldn’t know if they were strictly protected species or not. Depending on the rarity of the specimen, the penalty increases,” he added. 

He said that moving forward the authorities need to be vigilant about these activities and that it’s good to see that the authorities are becoming more strengthened in bringing perpetrators of wildlife crimes before the law. 

EFL commends efforts by authorities 

Adding her comments, Manori Gunawardena, Wildlife Biologist and Director at Environmental Foundation Limited, said that these species are confined to limited geographical regions and demonstrate a restricted distribution range. “The trafficking of endemic and threatened species exacerbates the existing challenges of habitat loss and degradation faced by these organisms. In 2019, the TRAFFIC organization released a specialized report regarding the trade of Sri Lankan reptiles as exotic pets on online platforms in the United States, Europe, and Japan. Subsequently, at the Conference of the Parties for the CITES Convention, convened later that year, several agamids (lizards) endemic to Sri Lanka were included in the appendices. Environmental Foundation Ltd commends the seizure and identification of these traffickers, which resulted from robust collaboration among enforcement authorities, leading to the successful prosecution of offenders and the establishment of legal precedents for financial penalties. We extend our support to the cooperative efforts of all officers involved and firmly believe that this conveys a significant message indicating that wildlife trafficking will be confronted with the highest degree of commitment from the law enforcement apparatus in Sri Lanka,” said Gunawardena. 
She further said that illegally captured and trafficked protected reptile species are frequently misrepresented as being captive-bred, and the regulation of transboundary movements remains inadequate. “Furthermore, there is a pressing need to enhance the implementation of instruments such as CITES to ensure due diligence concerning the provenance of the parent stock,” Gunawardena added. 

Addressing gaps and grey areas in wildlife investigations

Even though Customs officials play a key role in nabbing contraband and items that are being smuggled out of the country more awareness is required to ensure an advanced investigation process. “Russians have been coming to Sri Lanka since the 1990s and they take a keen interest in research areas such as entomology and taxonomy,” said former deputy director of Customs Samantha Gunasekara who initiated and led the world’s first Biodiversity Protection Unit in Sri Lanka. “Even though Eastern European countries don’t have much resources they have state of the art museums, universities and other institutions. According to my understanding these two Russians seem to be suppliers and they had a lot of specimens with them. Hence there is a pattern in executing these activities as well,” said Gunasekara.

Speaking about recommended methods to preserve specimen, he further said that the authorities should gather, collect and preserve evidence and develop an inventory with their findings. “It looks like these people are supplying these specimen to an organised network of criminals. The chain of custody is extremely poor and it needs to be developed. It is easy to produce evidence in courts but without proper evidence it is easy for suspects to find loopholes and evade the law. Therefore these officials need to undergo specialized training in this regard,” Gunasekara underscored. 

He then recalled an incident where two German scientists were caught while obtaining specimen from the wild. “They were equipped with everything from local weather reports prepared in German language to chemicals to be applied in case of a snake bite or insect bite, different kinds of polythene packets to collect specimen, pheromones to attract specimen and so on. Therefore our officials also need these chemicals, but we still collect evidence in a primitive manner,” he said. 

Countries such as Slovakia are quite advanced in the field of entomology. So the DWC for instance can publish press releases in English and make people aware of the laws in place. We have laws such as the Flora and Fauna Protection Ordinance, Forest Ordinance and the Fisheries Act but there are gaps in all these laws. For the past 45 years Sri Lanka has been a signatory to the CITES convention but we have been in category 3. There are not even 10 countries in this category. It is possible to control illegal international trade of wild caught animals with legal instruments such as CITES but they need to be properly enacted and enforced. 

Gunasekara further said that post investigations too are important to follow up on any leads from suspect testimonials to determine the network of individuals involved in criminal activities of this nature. 

Consequences of ignoring ethics 

Whenever an incident of this nature surfaces, it has always been speculated whether certain locals are also assisting foreigners to find locations in strict nature reserves in the country. “I believe that only a handful of incidents are being reported and that many others are looting our natural resources without our knowledge,” said Mendis Wickramasinghe, a veteran herpetologist, taxonomist, naturalist and wildlife photographer. “These are our resources and one of the main issues is that these foreigners don’t seem to be respecting the country’s law. When we visit another country we are obliged to the law of that country. They are of the view that people in so-called third world or developing countries live an uncivilised life and that they are not governed by laws. So these foreigners are either researchers or engaged in some kind of commercial activity,” said a concerned Mendis. 
He said that all these habits boil down to ethics. “It all depends on whether people respect ethics. So those who visit another country should respect and abide by ethics. Permits and other approval forms are easily available on the DWC website. But none of these visitors take any effort to fill these forms and follow due procedures. There may be certain delays, but this process allows everybody to work in an ethical manner. If we ever visit another country we would always follow procedures laid out by those countries,” underscored Wickramasinghe. 

Endemicity and threats to survival 

Speaking about endemic species Wickramasinghe underscored that Sri Lanka is home to many endemic species especially smaller animals like insects. “There may be species which haven’t been described yet. Sri Lanka is known as a biodiversity hotspot. Sri Lanka and Western Ghats lie in close proximity and when you say hotspot it is not a positive definition because it means that there is a large population of various animals but that they also face various threats and challenges,” he said. 

“There was a large haul of reptiles sometime back and it included species such as the rhino-horned lizard which are quite rare species. They could be found in abundance in certain areas but if an entire population is removed from a habitat it poses a significant threat to the survival of these species. Therefore people are well aware of the consequences of removing these animals. Many people think that Sri Lanka is a country that doesn’t care much about its flora and fauna. But that’s not the case. We have a strong legal framework to protect our wildlife,” he added. 

Dangers of captive breeding 

Wickramasinghe further said that there could be a threat of taking exotic species to both the country of origin and the destination. “The fact that they lose their habitats is a threat to the country of origin whereas once they are released to the wild in another country it could pose a threat to native animals in that country. The CITES Convention prohibits the trade, import and export of certain animal species, but people engaged in the reptile, amphibian and other wildlife trades don’t take heed of such international laws either. Many rare species in Sri Lanka have a high monetary value and this value is also being given by these people. But after some time their monetary value reduces when these species are found in abundance,” said Wickramasinghe. 

Community as part of conservation efforts 

Wickramasinghe further said that information is readily accessible on our mobile devices. “So unlike before, people can get all the information about how to access a certain location, mode of transport, time taken to travel and so on. There are instances when locals would help foreigners to extract our natural resources. This is in a handful of instances, but then again we don’t know how a majority of our resources were taken out of this country as well. Therefore the help of locals is required both ways, either to prevent these activities or to support them. But now the public is quite aware of these illegal activities and they are quite vigilant. Sometimes they would even question us when we go on field visits. If people are aware of their surroundings and feel responsible for the environment in which they live in we can minimize these activities to a great extent. People need to be made a part of conservation efforts,” he said. 

He further said that both these Russian individuals and any other foreigner who visit the country with such ulterior motives were aware of the laws. “Therefore I strongly believe that a heavy fine or punishment needs to be enforced on perpetrators engaged in such crimes. This sets a good precedent to discourage another person from attempting to engage in a similar crime. I know of wildlife officers who spend much of their time and effort to apprehend perpetrators of these crimes but only a minimal fine had been imposed on them. But compared to those days I’m happy that heavy fines are now being imposed on these suspects,” added Wickramasinghe.  

“Call 1992 to report any suspicious activities related to wildlife” – DWC 

“Even though the judgment has been given we will continue to act upon information received,” said DWC Director General M. G. C Sooriyabandara. “We are alert on various information they have revealed to us.”

He further said the foreigners visit Sri Lanka with various intentions. “But if they visit the country with illegal intentions and if they violate environmental statutes such as the FFPO we will bring any individual before the law irrespective of whether they are locals or foreigners. In addition, if anybody observes suspicious activities related to wildlife, they can inform the DWC through the 1992 hotline,” he added.