Environmental Law in Pakistan - IUCN

The Exclusive Fishery Zone (Regulation of Fishing) (Amendment)Act 1993 makes procedural changes to the law. These amendmentsare not relevant to the conservation of fisheries resources.5.1.3.3 Fisheries Act 1897This act, which currently operates as a provincial law under theresiduary legislative and executive power of the provinces, forbidsthe use of explosives for the purpose of fishing (Section 4). It alsoprohibits the use of poison to catch or destroy fish, but gives theprovincial government the discretion to modify that prohibition for aspecific area through notification in the official gazette (Section 5).The provincial government has the power to regulate fishing bymaking rules to govern the construction of weirs and the use offishing equipment (Section 6), and to prohibit fishing in any area fora period of up to two years (Section 6(4)). In addition, the police ora provincial government officer may, under limited conditions,arrest without a warrant persons suspected of committing anoffence under this act (Section 7).5.1.4 Wildlife, Fauna and Non-Timber FloraWildlife is not specifically mentioned in either of the legislative lists. Although it could be argued thatthe subject of ecology on the Concurrent List includes wildlife, the topic is currently treated as aprovincial matter under the residuary rule. Laws governing wildlife that were previously enacted toapply to all of Pakistan now operate at the provincial level.Federal legislation governing wildlife is minimal and archaic. In one case, a law still in force is nowirrelevant and in another, the law has been repealed by new legislation in some provinces but notin others. Older federal legislation regulates the hunting and capture of specific animal species butdoes not provide for the coordinated management and conservation of wildlife or habitat. No generalfederal law exists to establish fundamental principles of wildlife conservation and use, to be appliedequally in all provinces and territories. There is no federal law to implement Pakistan’s obligationsunder CITES and the Convention on Migratory Species, although statutory rules are used to controlthe import and export of endangered species.05NaturalResources36EnvironmentalLaw in PakistanFederal5.1.4.1 Islamabad Wildlife(Protection, Preservation,Conservation andManagement)Ordinance 1979This ordinance applies to the Islamabad Capital Territory alone andcontains general prohibitions against hunting (Section 5), as wellas specific bans on certain methods such as the use of arms,ammunition and explosives; chemical substances; manually ormechanically propelled vehicles; decoys or call birds; and pitfalltraps, trenches or fences (Section 6). The ordinance prohibits thepossession or acquisition of animal trophies, except with acertificate of lawful possession (Section 9). The export or import oflive wild animals, endemic or exotic species, and trophies or meatof wild animals is prohibited, except through an authorisedcustoms port and with a permit (Section 10). Animals and animalproducts may, however, “transit” through the country as long as theconsignment is accompanied by transit documents, enters througha customs port and is not off-loaded (Section 13).The law divides species into various categories, such as “gameanimal”, “protected animal” and “wild animal” (Section 2). Different