Analysis policies and laws regarding

Bio-diversity conservation in Nepal.

Table of Content

Chapter 1
1 Introduction
1.1 Background
1.2 Objective
1.3 Limitation
1.4 Methodology

Chapter 2
2. The Concept and Meaning of Biodiversity.
2.1 Policy measures on Biodiversity conservation in Nepal.
2.2.1 National conservation strategy (NCS).
2.1.2 The Nepal environmental policy and action plan.
2.1.3 The eighth plan.
2.1.4 The ninth plan.
2.1.5 The Tenth Plan (2003-2007).
2.1.6 Three Year Interim Plan 2010.
2.1.7 Environmental Impact Assessment Guidelines, 1993.
2.1.8 Nepal Biodiversity Strategy (NBS), 2002.
I) Nepal Biodiversity Strategy Implementation Plan, 2006.
2.2 Legal measures of bio diversity in Nepal.
2.2.1 Constitution of kingdom of Nepal, 2047.
2.2.2 Aquatic animals’ protection act, 1961.
2.2.3 Plant protection act, 1972.
2.2.4 National parks and wildlife conservation act, 1973.
2.2.5 Seeds act, 1988.
2.2.6 Water resources Act, 1992.
2.2.7 Forest Act, 1993.

Chapter 3
3. Analysis and Conclusion.
3.1 Recommendation
3.2 Bibliography:

Chapter 1
1. Introduction :

1.1 . Back ground:

Need to conserve bio-diversity generally; bio-diversity describes all kinds of living beings on
earth, together with their ways of life and the wild places in which they reside. Actually, this
term was used after the Earth Summit Conference held in Ride Janeiro in June 1992. At this
conference, the leaders of over 150 countries' governments promised to protect the bio-diversity
of their countries and to help poor countries to do the same. Due to its unique geographical
location and geo-ecological variation, Nepal is considered one of the rich countries with a variety
of ecosystems, thick forests with a wealth of flora and fauna. Some of these are endemic to this
country. Due to extended latitudinal climate and broad plant bio-diversity, Nepal possesses a
huge potential of many species of wetland, aqua, migratory and residential birds. Apart from this,
155 species of Pisces, 43 species of mammals, 5,055 species and other varieties of reptiles and
lower invertebrates are found in this country. Out of the total 5,000 plant species, 190 are
indigenous to Nepal. About 700 of them are valuable medicinal plants. 1 Considering the
importance of biological diversity, UNCED at Rio de Janeiro gave prime importance to the
agenda of biodiversity conservation. The Conference of the Parties to the Convention on
Biological Diversity adopted a supplementary agreement to the Convention known as the
Cartagena Protocol on Bio safety on January 29, 2000. The Protocol seeks to protect biological
diversity from the potential risks posed by living genetically modified organisms resulting from
modern biotechnology. The process of conclusion of bio-safety protocol has the witnessed
tremendous efforts of State parties. Similarly, Agenda 21: The Earth Action Plan was the prime
document of UNCED. Chapter 15 of this document has described and specified the concept of
conservation of biological diversity and the sustainable use of biological resources. The planet’s
essential goods and services depend on the variety and variability of genes, species and
ecosystems. Biological resources feed and clothe people and provide housing, medicine and
spiritual nourishment. The natural ecosystems of forests, deserts, rivers, lakes and seas contain
most of the earth’s biodiversity. 2

1.2 Objective: Objective of this paper are as follows

- To give general information about wages meaning of bio-diversity.
- Policy measures: on Biodiversity conservation in Nepal
- Legal measures, on biodiversity conservation in Nepal.
- Analyze the policies and laws regarding bio diversity conservation in Nepal.
1.3 Limitation
1
diversity/www.konicaminolta.com visited no march 3rd 2011.
2
Dina mani pokharel,legal aspects of biodiversity conservation(with special reference to Nepal and india) printed
at suraj printing press , p 49.
This term paper only covers the meaning of bio-diversity. Policy and Legal measures, on
biodiversity conservation, and its Analysis regarding biodiversity conservation in Nepal.
1.4 Methodology
This term paper is totally based on the secondary data collected from the many books that
are available in internet.

Chapter -2

2. The Concept and Meaning of Biodiversity

Biodiversity has been defined as the variety and variability of life - the diversity of genes,
species and ecosystems. From insects to birds to animals, grasses to shrubs to trees, tubers to
vegetables to cereals - we name all these as part of the earth’s biodiversity. The term biodiversity
is an amalgam of two words - biological and diversity. It is a blanket term for the natural world
and its biological wealth. Stated specifically, biodiversity refers to the number, variety and
variability of all life forms micro-organisms, plants and animals – and the ecological complexes
they inhabit. Biodiversity is generally described in terms of its three fundamental and
hierarchically related levels of biological organizations. These are:
• Ecosystems or ecosystem diversity,
• Species or species diversity, and
• Genes or genetic diversity.3
A. Ecosystem Diversity Ecosystems, broadly, are the assemblages of the various forms of
diversity such as grasslands, croplands, plains, the forests, the mountains, wetlands and marine
habitat. This is a complex level of biodiversity. Micro-organisms, plants and animals are the
living components or community of an ecosystem. They interact with each other through food
webs and with light, water, air, minerals and nutrients. These interactions, the basis of an
ecosystem’s “functioning” provide “services” upon which all life on earth depend4.
B. Species Diversity In biology the word “species” indicates a type of organism different from
others. Species diversity is a measure of the number of species at a place, and its variation from
place to place. This is the most common level of diversity. Frequency and diversity of different
species such as the tiger or the date palm is known as species diversity. A species as a population
of organisms should be able to reproduce freely under natural conditions and occupying a unique
geographical area. 5
C. Genetic Diversity: Genes are inherited from parents and transmitted to offspring. Yet, all
offspring are not alike. It is genes which shape an individual’s looks and functions and this
makes him/her at least a little different from every other member of the species. These
differences can be called genetic diversity. This is a less obvious level of diversity though genes

3
Ravi Sharma aryal, cites implementation in Nepal and india. Law, policy and practice. printed in 2009 by WWW
Nepal, balwatar,p 3
4
Ibid
5
ibid
are a part of the species, and it is the species that make up ecosystems. Moreover, genetic
diversity is the frequency and diversity of different genes or genomes. 6

2.1Policy measures on Biodiversity conservation in Nepal

2.1.1 National conservation strategy (NCS):
The NCS prepared in collaboration with IUCN has been in implementation since 1989. It
contains substantial sections relating to biodiversity conservation. Its objectives are
- To satisfy the basic material, spiritual and cultural needs of the Nepalese people.
- To ensure the sustainable use of land and renewable resources,
- To preserve the sustainable use of land and renewable resources,
- To preserve biological diversity, and to maintain essential ecological and life support systems.7
Another important aspect of NCS is in situ conservation. The NCS recognizes that one of
the Nepal’s major conservation achievements has been the establishment of network of national
parks, conservation areas, and wildlife and hunting reserves, which covers just over 185 of
Nepal’s land area, and that two of the National parks, chitwan and sagarmatha, have been
declared world heritage sites. Although the basic policy governing the establishment and
maintenance of national parks and protected areas is to protect the natural landscapes and the
flora and fauna, there are also other considerations. Cultural values are deemed very important
and several parks include sites of considerable cultural significance. In relation to national parks,
conservation areas and wildlife and hunting reserves, Nepal has come a long way since the
endorsement of NCs in 1988 for at present national parks, conservation areas and wildlife and
hunting reserves cover over 18 percent of Nepal’s land areas, which was only over 8 % when
NCS was adopted in 1988.The NCP outlines a few specific expectations to the rules of the
national parks and wildlife conservation act, 1973. For example, it stipulates that, in the parks
and protected areas of the lowlands, local villagers are permitted to harvest theater grass at
specified times and under specific conditions. 8
2.1.2 The Nepal environmental policy and action plan:
NEPAP reviews the government’s current policy on the environment, formulates new
policies, where needed and suggests an action agenda to address environmental problems. The
chapter on biodiversity conservation recommends amongst other things. to indentify and take
action to protect wetlands, management plants, to mount a study status of endemic plants and
animals, both terrestrial and aquatic, occurring outside of protected areas, and to establish a
national biodiversity data base and identify and strengthen institutions responsible for research,
education and training in biological resource management.9
2.1.3 The eighth plan:
6
Ibid p.4
7
Dina mani pokharel, legal aspects of biodiversity conservation(with special reference to Nepal and India) printed
at suraj printing press , p 48.
8
Ravi Sharma aryal, cites implementation in Nepal and India. Law, policy and practice. printed in 2009 by WWW
Nepal, balwatar,p 72.

9
Ibid p 77.
 The eighth five year plan (1992-1997) contains a separate chapter on “environment and
resource conservation”. Such as:
 Natural and cultural assets, biodiversity and traditional conservation skill will be
documented, scientifically analyzes and upgraded,
 The collection, genetic analysis and documentation of important vegetation, endemic species
and other living resources will be carried out on a regular basis,
 Provision will be made for in situ and ex situ consecration in different national parks,
resources, botanical gardens and zoos,
 Environmental impact assessment (EIA) will be taken into consideration in the formulation
and implementation of projects, and
 The government has undertaken a separate chapter on environment and resource
conservation and biodiversity objective for the forestry sector will compel other government
agencies to extend appropriate consideration to biodiversity.
2.1.4 The ninth plan
The ninth five year plan (1997-2002) gives high priority to a management system based on
ecosystems as opposed to individual species by developing policy and legislation for
conservation and use of biodiversity. The ninth plan adopts the following plains and policies:
 The conservation, management and expansion of the habitat of rare plants and wildlife and
wetlands,
 The conservation of wild genetic diversity in a scientific manner.
 The implementation of international conventions on biodiversity, including the Ramsar
convention.
 The preparation and systematic implementation of NEPAP, and
 The expansion of existing protected areas and the establishment of new protected areas
representing different ecological zones important to the conservation of biodiversity.10

2.1.5 The Tenth Plan (2003-2007)

The Tenth Plan focuses to develop the forest sector through the people’s participation.
Conservation of forest sector, its promotion and proper use, management of soil and watersheds,
the conservation of vegetation, herbs and biodiversity can help in the economic activities of the
nation to make forest management participatory, simple and effective by mitigating the problems
of destruction of forest, soil erosion, and decrease in bio-diversity, poverty and unemployment.
The plan also has a programme for genetic resources and conservation and genetic pool
resources formation. It gives priority to integrated conservation, the promotion and development
of rare and endangered plants and herb species as recommended by the scientific community
comprising the representatives of the local bodies and communities for the integrated,
coordinated and balanced development of the Forest Sector Programmers, by encouraging
groups, individuals and associations in wildlife farming and research programmes and process to

10
Ibid p 74
improve the standard of life of the women, poor and disadvantaged communities, shall be
implemented through the conservation of biological diversity. 11
2.1.6 Three Year Interim Plan 2010:
Third Year Interim Plan focuses much area in Forest and wildlife Conservation. In
addition to providing the necessary goods and services to many Nepalese staying in the rural
areas, the forestry sector has contributed significantly to other sectors of the national economy
such as agriculture, water resources, environmental conservation and community based village
tourism. It is essential to make forest products available to the general public through protection,
conservation and the use of forest resources and wildlife for forest-based industries, promote
community tourism .it is necessary to support the livelihood of all Nepalese people, including the
poor and deprived groups through the management and sustainable development of forests,
watershed area, environment and bio diversity the Forest Development Master Plan. it helps to
mitigating the problems of destruction of forest, soil erosion, and decrease in bio-diversity,
poverty and unemployment The plan also has a programme for genetic resources and
conservation and genetic pool resources formation
It is also necessary to promote community tourism by improving the environment
through sustainable forest and soil conservation and management. Similarly, it is necessary to
support the livelihood of all Nepalese people, including the poor and deprived groups through
the management and sustainable development of forests, watershed area, environment and bio
diversity. Population of wildlife will be increased in parks/ reserves and buffer zone forests
through the conservation and livelihood program conducted in the buffer zone area near the
parks and reserves, and the local people will get direct benefit from livelihood programs.
Biodiversity registrations of 900 VDCs will be prepared. Two laboratories will be capable of
testing risks from genetically modified organisms. Similarly appropriate technology will be
developed by different researches.12
2.1.7 Environmental Impact Assessment Guidelines, 1993
Preventing and controlling trade in endangered species of wild fauna and flora is beyond
the scope of those guidelines. However, those guidelines provide for certain measures to be
undertaken to reduce any significant impact on the endangered fauna and flora in Nepal.
Development projects to be established around national parks, wildlife sanctuaries and protected
areas, and wilderness areas containing rare or endangered species of animals or plants and their
habitat are also required to prepare a detailed EIA report under Schedule III of the National EIA
Guidelines. The EIA Guidelines for the Forestry Sector requires the preparation of a detailed
EIA report for various development proposals including proposals relating to (1) preparation of
forest management plans; (2) plantation of exotic species exceeding 100 hectares in Terai and 50
hectares in hills; (3) construction of new tourist resort, hotel safari, education institutions,
hospital and industry or other construction works in all types of forests and protected areas; (4)
development proposals to be implemented in national parks, wildlife reserves and conservation

11
Ibid 75
12
Ibid p75
areas; and (5) commercial or industrial processing of medicinal or aromatic plants which may
discharge toxic and or hazardous pollutants. 13
2.1.8 Nepal Biodiversity Strategy (NBS), 2002:
The Nepal Biodiversity Strategy (NBS) envisages prosperity for Nepalese people
through biodiversity conservation and sustainable development in the country. It considers
biological diversity and its resources as the fundamental elements of economic prosperity as they
are the sources of food, wood for fuel, timber, shelter, fiber, and foreign exchange earnings
through tourism. Other important benefits of biodiversity include maintenance of water cycles,
regulation of climate, protection of soil, management of watershed areas, storage and recycling
of nutrients and absorption of pollutants. Furthermore, biodiversity provides intangible benefits
through aesthetic values, inspires cultural and religious values, and increases prestige for the
country. NBS highlights the close linkage of biological diversity of the country to the livelihoods
and economic development of most of the people, and relates biodiversity to agricultural
productivity and sustainability, human health and nutrition, indigenous knowledge, gender
equality, building materials, water resources, and the aesthetic and cultural well-being of the
society. The 2002 Nepal Biodiversity Strategy analyzes the policy & legislation, major
achievements, lessons learned, major constraints and gaps in the five sectors namely protected
areas, forests, agro-biodiversity, rangelands, wetlands and mountains. It has outlined 17
strategies under the cross-sectoral category, and 27 in the five sectors as mentioned above.
Participatory management and conservation of wildlife is forms the crux of this strategy. 14

I. Nepal Biodiversity Strategy Implementation Plan, 2006:

The important strategies include the Nepal Biodiversity Strategy 2002, National
Conservation Strategy 1988, and Master Plan for Forestry Sector 1989, Agriculture Perspective
Plan 1995, Agriculture Policy 2004 and the 10th Plan. Furthermore, NBSIP also presents a list of
major international conventions, national Acts, Laws and Regulations touching upon the arena of
biodiversity in Nepal. The overall goal of NBSIP is to contribute to achieve the goals and
objectives of NBS, through its successful implementation, for the conservation of biological
diversity, the maintenance of ecological processes and systems, and the equitable sharing of the
benefits accrued. The NBS Implementation Plan (2006-2010) has outlined 13 priority projects
including Species Conservation and Habitat Management in the Protected Areas. It covers
conservation of major species such as tiger, elephant, rhino, arna, snow leopard, dolphin, swamp
deer, black buck and also covers anti-poaching operations.15

13
Environmental impact assessment guidelinces,1993.

14
Ravi Sharma aryal, cites implementation in Nepal and India. Law, policy and practice. printed in 2009 by WWW
Nepal, balwatar,p 78.

15
Ravi Sharma aryal, cites implementation in Nepal and India. Law, policy and practice. Printed in 2009 by WWW
Nepal, balwatar,p 79.
The overall objectives to be achieved during the first phase (2006-2010) of the Nepal
Biodiversity Strategy Implementation Plan are to:
• Conserve biodiversity of Nepal within and outside its protected areas and at the landscape level
through public participation, institutional strengthening, capacity building and technology
transfer;
• Identify, develop and establish necessary legislative, policy and strategic measure necessary to
conserve, sustainable utilize and for access and benefit sharing of
Nepal’s biological resources;
• Ensuring sustainable funding mechanism for NBS implementation;
• Document and register biological resources and associated traditional knowledge to ensure
IPRs and
• Domesticate Non-Timber Forest Products
(NTFPs) and promote value added processing, including the use of modern biotechnology, bio-
prospecting for poverty reduction.16

2.2 Legal measures of bio diversity in Nepal.

2.2.1Constitution of kingdom of Nepal, 2047
There is not special part of the constitution regarding the protection of environment.
However under the directive principles and policies of the states constitution had made some
provisions which are related to protection of environment and conservation of biodiversity.
Article 26 of the constitution proclaims that;
The state shall give priority to the protection of the environment and also to the prevention of its
further damage due to physical development activates by increasing the awareness of the general
public about environmental cleanliness, and the state shall also make arrangements for the
special protection of the rare wildlife, the forest and vegetation.17
If we see the provisions of article 26(4) of the constitution, we can find that this article is
concerned with the biodiversity conservation also. This article is proclaims that the state shall
make arrangements for the special protection of the rare wildlife, the forest and vegetation.18
2.2.2 Aquatic animals protection act,1961
The aquatic animals protection act (AAPA ) provides for some legislative protection of the
habitats of aquatic species.sec 3 of the AAPA renders punishable any party introducing
poisonous, noxious of explosive materials into a water resource, or destroying any dam, bridge
or water system with the intent of catching or killing aquatic life.19
Sec 4 of AAPA empowers the government to prohibit catching, killing and harming certain kinds
of aquatic animals through notification in the Nepal gazette. Yet a notice has never been

16
Nepal biodiversity strategy implementation plan, 2006.
17
Constitution on Nepal 2047,Art 26.
18
Ibid sec 26(4).
19
Aquatic animals protection act, 1961 sec 3.
published. No agency has been designated the responsibility of administrating and enforcing
AAPA demonstrating a shortcoming of HMG in fulfilling its obligations for preserving the
biodiversity of aquatic systems.20
2.2.3 Plant protection act, 1972
The plant protection act (PPA) is the pioneer act concerning the plant protection in Nepal..
Sec 3 of the PPA empowers the government to do
Any of the following in relation to the import of plants and plant products into Nepal, by
publishing a notice in the Nepal Gazette;
 Permit the import of any plant or plant product without a license or specific terms and
conditions and for a specified fee,
 Establish quarantine stations, check points and laboratories for the inspection and treatment
of plants or plant products and prescribe their powers and functions,
 Prohibit the entry of organisms, bacteria, spiders and snails, or prescribe the planting or
keeping of plants or plant products in certain places to check there spread.21
2.2.4 National parks and wildlife conservation act,1973
The national parks and wildlife conservation act (NPWC), 1973 is landmark legislation in
the field of wildlife conservation. This Act is expedient to make provisions of national parks,
conservation of animals and birds and their habitats, control for hunting, protection,
conservation, development, proper management and utilization of the sites of special importance
of natural beauties and for the maintenance of good conduct and comfort of the people of the
people in general.
This act prohibits the following in national parks, protected areas and wildlife areas, among other
things:
 Cut, fell, remove, overshadow, any tree, plant, bush or any other forest produce or to do
anything by which the forest produce may die, burn or damage in any other way,
 Damage any forest produce, animal, bird or land.
 Carry or use any weapon, ammunition or poison.
 Carry domestic or any other animal or trophy other than by the government official or duty or
by the person traveling on an existing right of way through a national part ,and
 Block or divert any river stream or other force of water flowing in national park of introduce
any harmful or explosive substance therein. Schedule 1 of the act has listed the twenty six
species of mammals, nine species of birds and three species of reptiles of reptiles which are
regarded as protected animals and their hunting is strictly prohibited except man eating tiger,
rogue wild elephant and animals suffered from chronic disease.
 However, little has been done to systematically enforce these provisions. There is an absence
of reliable data on wild flora and fauna in Nepal which makes the comprehensive
management and conservation of wild flora and fauna virtually impossible. The NPWC as
accords complete protection to certain species of mammals, reptiles, and birds by including
20
Ibid sec 4
21
Plant protection act 1972,sec 3.
 them on the protected wildlife list, but does not extend such protection to any species of
flora. If Nepal wants to conserve its biological diversity for present and future generations, as
well as fulfilling its obligations under the convention, it should also provide complete to
certain endangered and valuable plant species.
People participation in conservation design and management of buffer zones and to some extend
national parks. They have been found effective in resolving the parks and people conflict and
ensure in situ conservation of biodiversity.
2.2.5 seeds act, 1988:
This act main objective is to increase the yield of agricultural crops, and quality seed
production and distribution in order to increase the yields of agriculture crops this act help to
maintain crop diversification. 22
2.2.6 Water resources Act,1992
The Water resources Act, 1992 has been made to make arrangement for the rational
utilization, conservation, management and development of the water resources in the Nepal. This
act is not directly related to the biodiversity, conservation. As water is one of the major habits of
biodiversity, this Act is likely to be helpful to protect biodiversity by protecting and conserving
water resources. This act for the first time in Nepal makes an environmental study a mandatory
prerequisite for water resources and electricity projects. Section 8 requires any person who
desires to use water resources to submit an application to the prescribed authority along with an
economic, technical and environmental study report. It is imperative that legislation related to the
agriculture, forest. Industry and transport sectors should also incorporate provisions regarding
EIA to make it mandatory. For this reason this Act seems more effective for protection of habitat
of bio-diversity.23
2.2.7 Forest Act, 1993
This Act has been enacted for the conservation and proper management of forest. Forest Act
1993 is expedient to manage national forest in the form of government managed forest, protected
forest, community forest, leasehold forest and religious forest. Thereby enslaving the
development conservation of forest and the proper utilization of forest product, and extended
cooperation in the conservation and development of private forest so as to meet the basic needs
of the general public attain social and economic development, and promote a healthy
environment.24
Chapter 3
3) Analysis and Conclusion:
Due to high population growth, intense environmental pollution and extended economic
crises, deforestation has accelerated in Nepal. Consequently, bio-diversity is being threatened, in
the past, a vast sum of money was spent in the name of bio-diversity preservation. But the

22
Seeds act, 1988
23
Water resource act 1992,sec 8.
24
Forest act, 1993.
expected objective could not be fulfilled. The current decline of biodiversity is largely the result
of human activity and poses a serious threat to human development.
The NCP indicates that Nepal lacks both a comprehensive national program for the collection of
inventory data related to ecosystems, and a scientific catalogue of flora and fauna occurring
within the present network of national parks and protected areas. It also maintains that the
absences of a national system for the shortage and retrieval of existing data currently held in
government and nongovernment agencies serves as an obstacle to conservation of biodiversity.
NEPAP reviews the government’s current policy on the environment, formulates new policies,
where needed and suggests an action agenda to address environmental problems. If NEPAP is
effectively implemented, it will enable the government to fulfill its treaty obligations and
conserve a significant portion of the biodiversity of Nepal.
However it is one of the measures adopted to ensure local people availability of certain resources
form the national parks system. Eight plans are to conservation and promotion of biodiversity. In
Tenth Plan Promotions of public consciousness on wildlife conservation and wildlife farming
would help in poverty alleviation by generating employment. The long term development of the
forest resources and the conservation of rare wildlife and vegetation are thought to be done
through biological corridor and connectivity. Third Year Interim Plan focus on Conservation of
forest sector, its promotion and proper use, management of soil and watersheds, the conservation
of vegetation, herbs and biodiversity can help in the economic activities of the nation. From this
the opportunities for livelihood can be increased. Positive effects on environmental conservation
from management of forests (Carbon Sequestration), substantial environmental services and
benefits from bio-diversity and water conservation will be obtained. Additional contributions
will be made towards the livelihood of the poor classes and the national domestic products from
the income of national forests. Government of Nepal, with the development of the Biodiversity
Strategy is indicating commitment to conservation of biological resources and their diversity in
Nepal. This will provide a platform for the development of new policies and initiatives to address
existing gaps. In overall, the Implementation Plan envisage to I) develop national-level sub
sectoral policies ii) develop sui-generis legislation iii) develop trans-boundary cooperation;
increase public awareness; IV) explore sustainable funding mechanisms; v) conserve biological
diversity within and outside protected areas; vi) conserve endangered species through habitat
management; and vii) domesticate NTFPs and explore marketing opportunities. In the provision
of the constitution don’t have binding force because these are same policies. However these
provisions do create moral obligations for state to take some effective policies and legislative
steps to protect environment and conserve the biodiversity. PPA power and functions is to
entrusted the government are broad and impressive. However, this legislation has only been
partially implemented owing to the government’s apathy
3.1 Recommendation:
The major point to be highlighted in the policy and legal instruments towards conservation of
biodiversity implementation system are:
1) It is surprising for a country like Nepal “which has so far listed five species of trees on
Appendix III of CITES”68 not to have major policy measures in the periodic plans for
preventing trade in endangered species of fauna and flora.
2) EIA Guidelines although, those guidelines do not mention CITES, the guidelines are likely to
provide effective measures for preventing the loss of the habitat of endangered fauna and
flora.
3) During nine years of the implementation phase of NCS the government neither integrated the
management of the entire resources sector nor developed a national program for the
collection of inventory data or the development of a scientific catalogue of flora and fauna.
So there should be adequate national policy and program towards to collection of data about
all flora and fauna.
4) The government has yet to implement the plan NEPAP, it should be adopted strictly.
5) The Environmental Protection Council has done nothing significant to implement NEPAP
since its endorsement in1993.
6) The AAPA has not been effective in protecting the biodiversity of rivers and wet land
ecosystems, as both noxious and explosive materials are increasingly employed. Yet, there is
no reported case of a person being prosecuted for a breach of AAPA.
7) Resource impact regarding change in forest, river and freshwater ecosystem as well as from
changes in plant and animal habitats due to pollution generated from project activities can be
measured through changes in the level of water and air pollution resulting from project
activities. Scoring system can be incorporated all these aspects of environment bio diversity
conservation.
8) Furthermore, a broader consultation is required among the professionals, government
agencies and concerned stakeholders towards the effective implementation bio-diversity
approach and review of existing policy and legal instruments.

3.1Bibliography:
1. Legal aspect of biodiversity conservation (with special reference to Nepal and India)
-Dins mani pokharel.
2. Linking plant based and local communities to biodiversity conservation in Nepal
Himalaya.
-Bhishma P. Subedi.
3. CITES Implementation in Nepal and India, law policy and practice
-Ravi Sharma Aryal.