9911796707
TMI Blog2001 (8) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be exported on the opinion of the 2nd respondent, the Regional Deputy Director of Wild Life Preservation, Government of India, Ministry of Environment and Forests, New Delhi that the seafan is a form of coral and covered by the expression "Wild Life" as used in Entry No. 1 of the negative list of exports and could not be allowed for export. The petitioner thereafter approached the 4th respondent, the Assistant Director, Marine Products Export Development Authority, Tuticorin who clarified that seafans/seawhips did not fall in the First Schedule of Wild Life (Protection) Act and did not figure in the negative list of exports. Therefore, the 4th respondent informed the 3rd respondent namely the Addl. Collector of Customs, Tuticorin to pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd seawhips are forms of corals, which group - "coalenterata" is a part of the animal kingdom in view of the definition of wild life. Under Section 2(37) of the Wild Life (Protection) Act, 1972, "wild life" includes any animal, bees, butterflies, crustaces, fish and moths and aquatic or land vegetarian which forms part of any habitat. He also opined that corals are deemed to be covered under the provisions of "wild life" as defined in the Wild Life Act which must be considered as applicable to at least all wild animals in so far as the EXIM policy is concerned. However, the learned Counsel submitted that Section 2(36) of the Wild Life (Protection) Act, 1972 defines "wild animal". According to the said section, "wild animal" means any animal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the effect that seafans can be allowed to be exported as they do not be considered as wild animal. However, when the petitioner applied for permission for export of 380 kgs. of seafans on the second time, the request was forwarded to the 2nd respondent who has opined that the seafans are wild animals and it can be also brought within the definition of Section 2(37) of the Wild Life (Protection) Act and can be considered as wild animal. The 4th respondent was not competent to decide as to whether the seafans would fall within the definition of either wild life or wild animal of the Act and therefore the petitioner cannot take advantage of the earlier permission granted for export of seafans. The learned Counsel would further draw my attentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act is extracted as under : "wild animal" means any animal found wild in nature and includes any animal specified in Schedule I, Schedule II, Schedule III, Schedule IV or Schedule V, wherever found. "wild life" includes any animal, bees, butterflies, crustacea, fish and moths and aquatic or land vegetation which form part of any habitat. As per the definition of "wild life" which includes any animal including aquatic. The contention of the learned Counsel for the petitioner is that unless the respondents bring seafans under the definition of wild animal as specified in Schedules I to V, they cannot impose ban more particularly, the seafans are not one of the items covered in the negative list. It is to be seen that the seafans and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res (2 feet) in height. Seafans are found in the shallow waters of all oceans but they are especially abundant along the Atlantic coasts of Florida, Bermuda and the West Indies." From a reading of the definition, it could be seen that it is an aquatic and it can be brought under the definition of wild life which definition also includes any animal. When once this Court comes to the conclusion that the seafans which are aquatic can be considered as a part of animal kingdom and falls within the definition of wild life, there cannot be no other interpretation except the seafan shall also be considered as a wild animal. Once that conclusion is arrived, it is to be now seen whether the respondents are justified in banning export of sea- fans. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an (iii) Coral beds form the habitat of many larvae of such commercially valuable marine products as prawns, oysters, etc. and any damage to the delicate slow growing corals would cause decline in populations of these as well (iv) Method of collection of corals for the trade often damages this delicate ecosystem and the expected non-collection of corals due to the export ban would be in public interest and (v) During cyclones which affect coastal Tamil Nadu (Tuticorin area as well) the off shore coral islands (that have resulted from slow growth of corals over the past several millenia) take the brunt of the tidal waves and save the main land from greater damage and coastal erosion. (In view of the importance of corals as a whole Government ..... X X X X Extracts X X X X X X X X Extracts X X X X
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