By Marianne Allison Lee, Ramacandra Wong

Giant clams (Bivalvia: Cardiidae: Tridacninae) are the largest bivalves in the world. They are distributed in the tropical and subtropical waters of the Indian and Pacific oceans and play a vital role in the ecosystem. Giant clams contribute to coral reef health, abundance, and diversity by increasing seabed heterogeneity, acting as a substrate for reef-associated organisms, providing an additional food source, and filtering water to sequester nutrients, among others (Othman et al., 2010; Neo et al., 2015). Under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), giant clams are classified under family Tridacnidae, but a recent phylogenetic analysis placed the twelve extant giant clam species under family Cardiidae and sub-family Tridacninae (Tan, 2021). Ten of these giant clam species have been listed on CITES Appendix II since 1985. This listing was in response to the increased harvesting of giant clams for their meat, shells, and the aquarium trade that led to some species like Southern Giant Clam Tridacna derasa, Giant Clam T. gigas, and Scaly Clam T. squamosa becoming locally extinct in their range countries (Lucas, 1994; Wells, 1997; Huelsken et al., 2013). In 2010, Othman et al. reported that populations of all seven species of giant clams in Southeast Asia were in severe decline, while some species were functionally extinct. This has moved some countries, such as the Philippines and Indonesia, to implement giant clam restocking programmes.

TRAFFIC, Southeast Asia Regional Office, Petaling Jaya, Selangor, Malaysia., 2023. 16p.

By Fernandes M., Chopra M., Gautam A., and Badola, S. T

In Deep Waters: India's sea cucumbers in illegal wildlife trade – found at least 101.40 tonnes and 6,976 sea cucumber individuals in illicit wildlife trade in India for 2010-2021. It was released ahead of World Fisheries Day on 21 November 2022, a day dedicated to highlighting the critical importance of healthy ocean ecosystems and the need to ensure sustainable fisheries stocks. The report looked into the reasons behind the unsustainable sea cucumber trade and found that demand for sea cucumbers in East Asian and Southeast Asian markets, along with the ease of harvest and low processing costs (drying), are proving detrimental to the species and their survival in India. According to the seizure reports, Sri Lanka, China, and Southeast Asia were the top three destinations for sea cucumbers trafficked from India. The new report also provides action points to help curb the illegal sea cucumber trade in India, including a detailed recommendation on future research priorities, enhancing capacity for interdiction by law enforcement agencies, devising policies and promoting community engagement and awareness.

New Delhi: TRAFFIC India 2022. 36p.

By Cardell D. Johnson

The National Marine Fisheries Service and U.S. Customs and Border Protection collaborate to combat imports of seafood caught via illegal, unreported, and unregulated fishing. The agencies share information in several ways, including through Border Protection's interagency coordination center. But, NMFS officials reported concerns about getting timely information from Border Protection. For example, an NMFS official told us it may take as long as a week for the agency to get information on a shipment that it might want to inspect—which may be too late. We recommended that Border Protection ensure that NMFS has timely access to such information.

Washington, DC: U.S. Government Accountability Office, 2023. 29p.

By The Environmental Investigation Agency (EIA)

All eight pangolin species are facing an unprecedented threat from the transnational trafficking of their scales and meat by criminal networks. • Between 2017, when the Appendix I listing for all pangolin species entered force, and July 2021, at least 269 tonnes of pangolin scales were confiscated globally. • Pangolin scales are trafficked to China, often via Vietnam, and are primarily sourced from West, Central and East Africa. • Nigeria, Cameroon and the Democratic Republic of Congo are the top export hubs for pangolin scales trafficked from Africa to Asia. • Global pangolin trafficking is driven by consumer demand for traditional Chinese medicine (TCM) products containing pangolin scales. • In China, licenced hospitals and pharmaceutical companies can legally trade and utilise pangolin scales from privately held stockpiles. • In 2020, 56 pharmaceutical companies in China were confirmed to be advertising 64 manufactured medicines containing pangolin scales online. • It is very likely that demand for pangolin scales in China far exceeds the legally available supply from stockpiles. …

London; Washington DC: EIA, 2021. 18P.

By Alin Kadfak, Kate Barclay, and Andrew M. Song

Focusing on the experiences of Thailand and Australia, this book examines the impact of trade-restrictive measures as related to the EU’s regulations to prevent Illegal, Unreported and Unregulated (IUU) fishing. It is widely accepted that IUU fishing is harmful, and should be stopped, but there are different approaches to tackling it. Acknowledging this, this book argues that major efforts to fight IUU fishing require careful analyses if the goal is to achieve optimal results and avoid unintended consequences. The book draws on the recent experiences of Thailand and Australia to offer an empirical examination of one increasingly prominent solution, trade-restrictive measures. With Thailand representing direct, active intervention by the EU and Australia a more indirect dispersion of policy narratives and discourses, the book provides a rounded view on how likely it is that different countries in different situations will adapt to the changing policy norms regarding IUU fishing. Understanding the reactions of countries who might be targeted, or otherwise be influenced by the policy, generates new knowledge that helps inform a more effective and scalable implementation of the policy on the part of the EU and a better governance preparedness on the part of non-EU fishing nations. In broader terms, this book exposes a key moment of change in the compatibility between environmental regulations and international trade. The EU IUU policy is a prime example of a policy that uses the mechanisms of international trade to account for environmental and conservation objectives. …

Abingdon, Oxon, UK ; New York: Routledge, 2023. 95p.

By TRAFFIC

  This highly lucrative illicit business is managed by organised criminal groups through a variety of payment mechanisms. These mechanisms, including cash transactions and bulk cash smuggling, trade-based money-laundering, international bank transfers through legal businesses and nominee bank account holders, are key to advancing the objectives of criminal organisations. Organised criminal groups3 engage in corruption to accomplish their aims by bribing public officials to obtain information on the movement of animals or patrols, to acquire illegitimate licences or permits to give illegal wildlife products the veneer of legitimacy and to allow illegal specimens to pass through checkpoints or avoid seizure. Further, offenders may attempt to pay law enforcement officials to disrupt or close criminal investigations to circumvent any consequences associated with their illegal activities. Currently, there is a noticeable lack of financial investigations related to wildlife and forest crime cases. As such, the information about how criminals extract the profits from wildlife and forest crimes, and the identities of the main financial beneficiaries of those crimes, remains limited. The result of this is that low-level criminals, such as poachers, are caught and prosecuted, leaving the more senior members of criminal groups and actual beneficiaries of these crimes free to continue their illicit activities. A greater understanding of the financial aspects will allow for more effective prosecutions that target those that use corruption to facilitate wildlife and forest crime, and thereby disrupt organised criminal groups.

This Case Digest was created to fill this information gap by providing data on actual cases from Africa, Asia and Latin America and thereby generate more knowledge of financial flows associated with the illegal wildlife trade and what payment mechanisms are used by those perpetrating the crime .  

Cambridge, UK: TRAFFIC International, 2020. 120p.

By L. Musing

This report investigates the domestic legislation, and policies regarding the keeping and captive breeding of tigers and disposal of their parts in the EU, and the enforcement of these regulations. Six target countries were selected as a focus for this study: Belgium, the Czech Republic, France, Germany, Italy, and the UK, based on preliminary trade data analysis and suspected or known links to the captive tiger population and tiger trade nexus. Between February and July 2020, interviews and consultations were conducted through written questionnaires and video-calls with stakeholders, including the CITES Management and/or Enforcement Authorities of the six target countries, European and national zoo associations, and relevant NGOs. CITES trade data for the period 2013 through 2017 were used to analyse reported legal trade patterns involving tigers to and from the EU, and data for the same time period from two seizures databases: EU-TWIX and TRAFFIC’s Wildlife Trade Information System (WiTIS), were used to assess the EU’s involvement in the illegal trade of tigers and their parts and derivatives.

Cambridge, UK: TRAFFIC, and World Wildlife Fund, 2020. 53p.

By E.Y. Sy and K. Krishnassamy 

Over 90 percent of the Philippine Pangolins documented to have been seized from illegal trade over the last two decades have been seized in the last two years of the period, says a new TRAFFIC study. The estimated equivalent of 740 Critically Endangered Philippine Pangolins were seized from illegal trade in the country between 2000 and 2017. However, between 2018 and 2019, an estimated 6,894 pangolins were seized suggesting a stunning nine-fold increase in pangolins seized between the two periods

TRAFFIC, Southeast Asia Regional Office, Petaling Jaya, Selangor, Malaysia.2020. 28p.

By GlobeScan

  The research questions and results reported herein are provided on a confidential basis to the World Wildlife Fund (WWF). WWF is free to use the findings in whatever manner it chooses, including releasing them to the public or media, after consultation with GlobeScan on the use and dissemination of the data. GlobeScan Incorporated subscribes to the standards of the World Association of Opinion and Marketing Research Professionals (ESOMAR). ESOMAR sets minimum disclosure standards for studies that are released to the public or the media. The purpose is to maintain the integrity of market research by avoiding misleading interpretations. If you are considering the dissemination of the findings, please consult with us regarding the form and content of publication. ESOMAR standards require us to correct any misinterpretation.  

World Wildlife Fund, 2020. 83p.

By Hai Thank Luong

As one of the earliest countries in the Southeast Asia region, Vietnam joined the CITES in 1994. However, they have faced several challenges and practical barriers to preventing and combating illegal wildlife trade (IWT) after 35 years. This first study systematically reviews 29 English journal articles between 1994 and 2020 to examine and assess the main trends and patterns of the IWT’s concerns in Vietnam. Findings show (1) slow progress of empirical studies, (2) unbalanced authorship between Vietnamese and non-Vietnamese conducting their projects, (3) weighting of wildlife demand consumptions in Vietnamese communities rather than investigating supply networks with high-profile traffickers, (4) lacking research in green and conservation criminology to assess the inside of the IWT, and (5) need to focus on potential harms of zoonotic transmission between a wild animal and human beings. The article also provides current limitations before proposing further research to fill these future gaps.

Laws 11: 64. https://doi.org/10.3390/laws 11040064 

By Chesa Boudin   

As San Francisco District Attorney, I was elected in late 2019 on an ambitious platform focused on ending mass incarceration and decreasing  racial disparities in the criminal justice system. Little did I imagine that my first year in office would bring an acute national focus to the exact issues on which I had campaigned. Two phenomena have, thus far, largely defined the year 2020. First, the COVID-19 pandemic, which continues to have a grossly disparate impact on communities of color2 and on those living and working in prisons and jails. Second, a national Black Lives Matter movement grew in response to the murder of George Floyd—potentially the largest national movement in U.S. history—demanding police accountability and criminal justice reform with a focus on racial equity. The nation’s collective response to these developments—how the country navigates an unprecedented national health crisis and an unprecedented protest movement—will have lasting implications for myriad aspects of American life, including the criminal justice system. COVID-19 and the growth of the Black Lives Matter movement created a tremendous impetus for wide-ranging criminal justice reform, including decarceration and police accountability. Although some criminal justice jurisdictions have actively resisted change, and others have simply been unprepared for it, San Francisco was ready. After all, San Francisco voters had just elected me on explicit promises to deliver many of the reforms now in the national spotlight, and we were changemaking   

110 J. Crim. L. & Criminology Online 23 (2020).   

By Thea Johnson   

In the midst of the coronavirus pandemic, activists and advocates have rightly focused their attention on the immediate need to decrease the number of people in jails and prisons.1 Jails and prisons have been ravaged by the  virus and defendants are at real risk of illness or death in those spaces.2 But as the crisis continues and the backlog of criminal cases grows, defendants face additional risks. This essay focuses on one such risk: the heightened risk for coerced and false pleas during the crisis. The vehicle by which the criminal system resolves most criminal cases—the plea bargain —is ripe for abuse and overuse in the best of times. Unfortunately, now is far from the best of times, and as I outline here, there are several reasons why the usual risk factors for coercive plea bargaining are exacerbated during this public health crisis. Furthermore, despite recent efforts to reform the plea system, the pandemic risks entrenching many of the most negative characteristics of plea bargaining even more deeply. Quite simply, the coercive nature of plea bargaining will get worse in a system that is backlogged and unable to hold jury trials for several months. Many states are not counting the delays caused by the coronavirus toward a defendant’s speedy trial clock, which means the cases can remain active for long periods of time and without any risk to the prosecutor that the case will be dismissed for lack of prosecution. For a defendant in this backlogged system, with a case hanging over her head and a speedy trial clock without finality, the plea will be her only option. In such an environment, coercive pleas can and will flourish. This essay proceeds in three parts. Part I of the essay discusses the particular concerns related to coercive plea bargaining during the COVID-19 crisis. Part II offers solutions to these issues and suggests that this moment may provide opportunities for creative problem-solving capable of outlasting the virus. Finally, Part III discusses some silver linings of the crisis for the criminal system at large and the practice of plea bargaining in particular. Like many other recent pieces about the impact of coronavirus on the criminal justice system, this essay addresses the current crisis in the hopes that it will teach us important lessons about the system more broadly. By seeing some of the worst parts of the system exposed through COVID-19, we may be able to better meet future challenges and tackle some of the underlying daily injustices of the modern criminal process.  

110 J. Crim. L. & Criminology Online 1 (2020).

By Rachel Love Nuwer

An intrepid investigation of the criminal world of wildlife trafficking--the poachers, the traders, and the customers--and of those fighting against it. Journalist Rachel Nuwer plunges the reader into the underground of global wildlife trafficking, a topic she has been investigating for nearly a decade. Our insatiable demand for animals--for jewelry, pets, medicine, meat, trophies, and fur--is driving a worldwide poaching epidemic, threatening the continued existence of countless species. Illegal wildlife trade now ranks among the largest contraband industries in the world, yet compared to drug, arms, or human trafficking, the wildlife crisis has received scant attention and support, leaving it up to passionate individuals fighting on the ground to try to ensure that elephants, tigers, rhinos, and more are still around for future generations.

New York: Da Capo Press, 2018. 384p.

By Gohar Petrossian

Humans are deeply dependent on fishing―globally, fish comprise 15 percent of the protein intake for approximately 3 billion people, and 8 percent of the global population depends on the fishing industry as their livelihood. The global fishing industry is plagued by illegal fishing, however, and many highly commercial species, such as cod, tuna, orange roughy, and swordfish, are extremely vulnerable.

Through criminological analysis, The Last Fish Swimming emphasizes the importance of looking at specific environmental factors that make illegal fishing possible. It examines such factors as proximity to known ports where illegally caught fish can be landed without inspection (i.e., ports of convenience), fisheries monitoring, control and surveillance efforts, formal surveillance, and resource attractiveness in 53 countries that altogether represent 96 percent of the world's fish catch. The book calls upon the global community to address the illegal depletion of the world's fish stock and other similar threats to the world's food supply and natural environment in order to ensure the sustainability of the planet's fish and continuation of the legal fishing industry for generations to come.

Santa Barbara. Praeger. 2019. 191p.

By Masayuki Sakamoto

Africaʼ s elephants continue to be poached for their ivory tusks. To combat the poaching crisis, and to support the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)ʼ s 1990 ban on international commercial ivory trade, nations and jurisdictions around the world have taken steps to close their domestic markets for ivory. By closing the market for ivory, governments send a strong signal that the trade in ivory and killing of elephants is unacceptable, streamline enforcement efforts by eliminating legal cover for illegal ivory, and support ivory demand reduction efforts. Nevertheless, one major consumer market remains open ‒ Japan. With an ivory stockpile of 244 tonnes, Japanʼ s domestic market is the worldʼ s largest and most significant legalized ivory market. Evidence indicates its ivory trade controls are porous, enabling the trade in illegal ivory and illegal ivory exports. At least 76 seizures of ivory from Japan were made between 2018 and 2020, mostly in China by Chinese authorities. To further examine illegal ivory export from Japan to China, the Japan Tiger and Elephant Fund (JTEF) turned to court cases in China, which could include more details than seizure data. JTEF identified court cases on illegal export of ivory from Japan into China, and analyzed them in order to contribute to evidence-based decision-making, constructive dialogue, and decisive outcomes from the Parties at the 19th Conference of the Parties (CoP19) to CITES,. In all, 49 public court decisions on 45 different cases between 2010 and 2019, published by the Government of China, were…..

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  identified and analyzed. Fifteen out of 45 cases occurred in 2018 and 2019, after Chinaʼ s domestic ivory market closure went into effect. In addition to summarizing basic information about each case, any information pertaining to the role of Japanʼ s legal market in illegal ivory export and information regarding the defining characteristics of transnational organized crime was assessed.  

Tokyo: Japan Tiger and Elephant Fund (JTEF) 2022. 88p.

By The Environmental Investigation Agency (EIA)

West and Central Africa continues to raise concerns among Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as a significant hub for global wildlife trafficking. This briefing highlights the parallel responsibilities and shortcomings of both West and Central Africa and South-East Asia in implementing their commitments under CITES and outlines what needs to happen to tackle transnational wildlife crime more effectively. At SC74, EIA raised these concerns in our briefing document Joint Responsibilities: The Nigeria- Vietnam wildlife trafficking corridor and compliance with CITES, which similarly highlighted the need for urgent action.

London; Washington, DC: EIA, 2022. 12p.

By Forest Trends

On February 1st, 2021, the military launched a coup d'état against the newly re-elected government of Myanmar. Over the past year, the military junta has been accused of massive human rights violations, arresting more than 12,000 people, killing more than 1,500, and instigating a growing humanitarian crisis that has seen more than 400,000 internally displaced people (IDPs) (AAPP Burma 2022, UN News 2022). Compounding the impact of COVID-19, the military’s violence has destroyed Myanmar’s economy. Furthermore, the majority of society has engaged in a predominately non-violent Civil Disobedience Movement (CDM), including a boycott of companies with military links. Deprived of revenue, the junta has increasingly relied on revenue from natural resources to support their operations and their ongoing campaign to retain power, which has included escalation of armed conflict and attacks on civilians. While much international focus has been given to the revenues generated by the oil, gas, and mining sectors, the forest sector has in the past been an important source of revenue for Myanmar’s governments and entities associated with the military. This report reviews the timber sector’s role in the revenue now being generated for the current military regime.  

Washington, DC: Forest Trends, 2022. 42p.

By The Environmental Investigation Agency (EIA).

In February 2021, Myanmar’s democratically elected ruling party, the National League for Democracy, was overthrown by the Myanmar military in a coup d’état. In the months since the coup, the people of Myanmar (formerly Burma) have been subjected to a continued escalation of conflict and brutal human rights atrocities. To maintain its illegal regime and crush dissent, the military is dependent on a continual flow of hard currency. As for the previous regimes, natural resources provide a source of profit for the military, whereby the forests of Myanmar are defined by their monetary value and have been part of the military and economic elites’ profits and, in some cases, survival for decades.

London; Washington, DC: EIA, 2022. 16p.

By Charles Victor Barber, Karen Winfield, and Rachael Petersen 

Nature crime1 occurs when individuals or criminal networks illegally exploit natural ecosystems to extract natural resources. Nature crimes include illegal logging, illegal mining, illegal fishing, illegal wildlife trade,2 and the illegal conversion of forests and wetlands for agriculture or other uses. These crimes are often associated with financial crime of various types, as well as labor and human violations and official corruption. The prevalence of nature crime and associated corruption and criminal behavior constitutes a serious barrier to progress in tackling climate change, slowing biodiversity loss, reducing the risk of future zoonotic pandemics, and achieving sustainable, peaceful, and equitable human development. The scale of the nature crime economy is immense. It is variably estimated to be the third- or fourth-largest illicit economy in the world (after drug trafficking and trade in counterfeit goods) with an annual value of as much as $281 billion, but this figure underestimates its indirect impacts: governments are deprived annually of some $7-12 billion in timber and fisheries revenues, while the indirect costs of undermining ecosystem services may be as high as $1-2 trillion per year (World Bank 2019a).  

San Francisco: Climate and Forests 2030, 2021. 30p.

By Emerson Y. Sy

The illegal wildlife trade is one of the most lucrative transnational crimes in the world. Numerous wildlife are threatened with extinction due to overexploitation for food, medicine, and as pets. Although it is difficult to quantify the illegal wildlife trade due to its mostly clandestine nature, analyzing seizure data can indicate its magnitude. Wildlife seizure records from the DENR, PCSDS, and other sources for the period 2010–2019 were collated and analyzed to identify species threatened by the illegal wildlife trade, hotspots, and trafficking routes. The 10-year seizure dataset involved 511 incidents, 283 taxa, and 44,647 wildlife individuals. Reptiles (n = 16,237 individuals) and birds (n = 6,042) were the top seized live wildlife, while pangolin scales (>2,100 kg) had the most quantity and seizure frequency among derivatives. Intervention policies on the key source, transit, and destination locations were proposed to address illegal wildlife trade in the country.

Manila: USAID Philippines, 2021. 56p.