Wildlife

Decision 09171-2015-0004, Shark fins, 2016 - Ecuador

Summary: This case concerns defendants who illegally fished for, and captured, vulnerable-classified sharks within Ecuadorian territories using illegal fishing gear and fishing methods. The court discussed the presence and importance of natural reserves, including marine life reserves, and the inherent rights of nature. The court found that the defendants’ fishing was aimed at capturing sharks for profit and confirmed their criminal prison sentences in all respects as described in the lower court.

This case concerns defendants who illegally fished for, and captured, vulnerable-classified sharks within Ecuadorian territories using illegal fishing gear and fishing methods. The court discussed the presence and importance of natural reserves, including marine life reserves, and the inherent rights of nature. The court found that the defendants’ fishing was aimed at capturing sharks for profit and confirmed their criminal prison sentences in all respects as described in the lower court.

Proceso No. 15111-2014-0152 Jaguar Killing , 2015 - Ecuador

Summary: This case regards a defendant who shot and killed a jaguar, which was an endangered species, allegedly in the name of defense and necessity. The plaintiff argued that the defendant did not require defense or true necessity, that he had to prove that he did not kill the jaguar, and that in circumstances of uncertainty, the court should hold in favor of nature (in dubio pro natura). The defendant was not a hunter and was not actively hunting the jaguar. Ecuadorian environmental law states that anyone who “hunts” a legally protected species will be punished with incarceration. The court discussed concepts of Ecuadorian constitutional law, rights of nature, and the juxtaposition of human beings working within the habitats of wild, and potentially predatory, animals. After a detailed discussion, the court accepted the appeal and unanimously agreed to punish the defendant with six months' prison time.

This case regards a defendant who shot and killed a jaguar, which was an endangered species, allegedly in the name of defense and necessity. The plaintiff argued that the defendant did not require defense or true necessity, that he had to prove that he did not kill the jaguar, and that in circumstances of uncertainty, the court should hold in favor of nature (in dubio pro natura). The defendant was not a hunter and was not actively hunting the jaguar. Ecuadorian environmental law states that anyone who “hunts” a legally protected species will be punished with incarceration. The court discussed concepts of Ecuadorian constitutional law, rights of nature, and the juxtaposition of human beings working within the habitats of wild, and potentially predatory, animals. After a detailed discussion, the court accepted the appeal and unanimously agreed to punish the defendant with six months' prison time.

Galapagos Sea Cucumbers Case, 2017 - Ecuador

Summary: This case was filed against the defendant when the defendant, an airline employee, allegedly unknowingly participated in shipping thousands of sea cucumbers in cargo containers. The specific species of sea cucumber were endangered in Ecuador, and the plaintiff claimed that their harvesting and transport were a crime against the environment and a violation of the nation’s efforts to conserve the country’s unique ecosystems. The court discussed factors of which species and specimens are typically included in shipments similar to the one at issue, and Ecuador’s national efforts to protect its environment; especially its endangered species. The defendant was found to have participated in the offense as an accomplice for his part in transporting the sea cucumbers and was punished with serving a fraction of the punishment to be served by the primary offenders.

This case was filed against the defendant when the defendant, an airline employee, allegedly unknowingly participated in shipping thousands of sea cucumbers in cargo containers. The specific species of sea cucumber were endangered in Ecuador, and the plaintiff claimed that their harvesting and transport were a crime against the environment and a violation of the nation’s efforts to conserve the country’s unique ecosystems. The court discussed factors of which species and specimens are typically included in shipments similar to the one at issue, and Ecuador’s national efforts to protect its environment; especially its endangered species. The defendant was found to have participated in the offense as an accomplice for his part in transporting the sea cucumbers and was punished with serving a fraction of the punishment to be served by the primary offenders.

Peru - Wildlife - Supreme Decree 007-2021, 2021

The purpose of this law is to describe a series of infractions and penalties regarding forestry and wildlife matters. It establishes who may punish those who violate a regulation and guarantees sanctioning power to the relevant administrations. The law aims to protect the principles in Laws 28763, 27444, and other applicable legislation relevant to the protection and conservation of forestry and wildlife. 

 

Decreto Supremo 007-2021, 2021 - Peru

El objeto de esta ley es describir una serie de infracciones y sanciones en materia forestal y de fauna silvestre. Establece quiénes pueden sancionar a quienes infrinjan una norma y garantiza la potestad sancionadora a las administraciones competentes. La ley busca proteger los principios de las Leyes 28763, 27444 y demás normas aplicables en materia de protección y conservación de la materia forestal y de fauna silvestre.

 

Law 29763, 2015 - Peru

This law protects citizens’ rights to access and enjoy Peru’s “natural heritage,'' being, principally, its forests and wildlife. It discusses the citizen’s civil duty to conserve Peru’s wild flora and fauna, which includes obeying the applicable legislation.