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QUANG NAM PEOPLE’S COMMITTEE

Biodiversity and Natural Resource Law Enforcement Action Plan

2005-2010

With involvement and development from:

Quang Nam Forest Protection Department Quang Nam Nature Law Enforcement Working Group

And with Technical Assistance from:

Barney Long – WWF Vietnam, MOSAIC Project

Graham Sullivan – WildAid Asia Stave Galster – WildAid Asia Mark Bowman – WildAid Asia

Chris Shepard – TRAFFIC South East Asia Scott Roberton – Owston’s Civet Conservation Programme

Hoang Xuan Thuy – Owston’s Civet Conservation Programme

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The opinions expressed in this document represent those of the authors and editors. They do not necessarily reflect the opinions of WWF.

The designation of geographical entities in this document and the presentation of the

material do not imply any expression on the part of the authors, editors, or WWF concerning the legal status of any country, territory or area or its authorities, or concerning the

delineation of its frontiers and boundaries.

The authors, editors, and WWF take no responsibility for any misrepresentation of material that may results form the translation of this document into any other language.

Published by WWF Indochina Copyright© 2005 WWF

Publication Licence No: 114/XBNT-VHTT by Department of Culture and Information Quang Nam dated 26/10/2005

Reproduction of any part of this publication for educations, conservation, and any other

non-profit purposes is authorised without prior permission form the copyright holder, provided that the source is fully acknowledged.

Reproduction for resale or other commercial purposes is prohibited without prior written permission from the

copyright holder.

Suggested citation: Quang Nam People’s Committee. 2005. Quang Nam Biodiversity and Natural Resource Law Enforcement Action Plan 2005 - 2010. Quang Nam Forest Protection Department and WWF Vietnam. Tam

Ky, Quang Nam, Vietnam.

Printed by In Da Nang Printing Joint Stock and Service Company

Design and Layout: Luong Quang Hung

Cover Photographs: Background, top left and centre insets: Barney Long/ WWF; top middle and middle right insets: Quang Nam FPD; top right, bottom middle and bottom right insets: Song Thanh Nature Reserve, middle

left and bottom left: Luong Quang Hung/ WWF.

Copies available from: WWF Indochina

MOSAIC Project

Forest Protection Department 77 Tran Quy Cap

Tam Ky Quang Nam

Vietnam Tel: 0510 810735

E-mail: mosaic@dng.vnn.vn

WWF Indochina C2-3 Horison Offices

40 Cat Linh Dong Da

Hanoi Vietnam

Tel: E-mail: Hanoi@wwfvn.org.vn

Quang Nam Forest Protection Department 77 Tran Quy Cap

Tam Ky Quang Nam

Vietnam Tel: 0510 852558

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Contents

Definitions ................................................................................................................................................................4 Background To Quang Nam....................................................................................................................................5

1. Introduction......................................................................................................................................................5 2. Geography of Quang Nam ..............................................................................................................................6

2.1. Mountainous area ....................................................................................................................................6 2.2. Hilly area ..................................................................................................................................................6 2.3. Lowland and coastal area........................................................................................................................6

3. Biodiversity values of Quang Nam..................................................................................................................6 4. Priority areas and their management principles..............................................................................................7 5. Threats to biodiversity and natural resources .................................................................................................7

Developing the Action Plan .....................................................................................................................................9 1. Wildlife law enforcement strengthening working group establishment ...........................................................9 2. Needs Assessment .........................................................................................................................................9

2.1 Perceptions on the importance of wildlife protection ................................................................................9 2.2 Current constraints to wildlife law enforcement implementation.............................................................10 2.3 Options for increasing the effectiveness of wildlife law enforcement implementation in Quang Nam province.........................................................................................................................................................10

3. Legal analysis................................................................................................................................................11 3.1 Forest Development and Protection Law, 03/12/2004 ...........................................................................11 3.2 Environmental Protection Law, 27/12/1993............................................................................................12 3.3 Decree 139/2004/ND-CP, 25/06/2004....................................................................................................12 3.4 Decree 18/HDBT and 48/2002/ND-CP ..............................................................................................12 3.5 Criminal Law 2000, 04/01/2000 ..............................................................................................................12 3.6 Administrative fine ordinance No 44/2002/PL-UBTVQH10 ....................................................................12 3.7 Transportation license regulation; Decision 47/1999..............................................................................13 3.8 Instruction 359/TTg .................................................................................................................................13 3.9 Circular 144/2002....................................................................................................................................13

4. Wildlife Trade Survey ....................................................................................................................................13 4.1 Wildlife traders ........................................................................................................................................14 4.2 Bushmeat trade.......................................................................................................................................14 4.3 Cracking the wildlife trade network .........................................................................................................14

5. Training needs analysis of the Forest Protection Department ......................................................................14 5.1 Enforcement Ranger...............................................................................................................................14 5.2 Enforcement Ranger Basic: ....................................................................................................................14 5.3 Enforcement Ranger Senior: ..................................................................................................................14 5.4 Enforcement Ranger Team Leader: .......................................................................................................14 5.5 Provincial Mobile Unit Ranger.................................................................................................................14 5.6 Provincial Mobile Unit Ranger:................................................................................................................15 5.7 Provincial Mobile Unit Ranger Team Leader: .........................................................................................15 5.8 Training progression ...............................................................................................................................15

6. Action Plan drafting and consultation............................................................................................................15 References ............................................................................................................................................................16 Quang Nam Biodiversity and Natural Resource Law Enforcement Action Plan ...................................................17

1. Actions...........................................................................................................................................................17 Action 1. Increased effectiveness of ranger deployment..............................................................................17 Action 2. Wildlife and timber trade operational plan .....................................................................................19 Action 3. Patrolling operational plan .............................................................................................................21 Action 4. Informant network operational plan ...............................................................................................21 Action 5. Violation monitoring system...........................................................................................................22 Action 6. Ranger capacity building plan........................................................................................................22 Action 7. Inter-departmental cooperation mechanism ..................................................................................23 Action 8. Inter-departmental awareness campaign ......................................................................................24 Action 9. Provincial policy strengthening ......................................................................................................24

2. Action plan.....................................................................................................................................................26 3. Detailed budget .............................................................................................................................................29

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Definitions Terms used in this action plan are defined as follows: Wildlife Wild species of flora and fauna living in either a naturally wild state, or of wild origin but being held in captivity. Wildlife trade The buying, selling or exchange of wild fauna and flora for commercial purposes. Illegal wildlife trade The buying, selling or exchange of wild fauna and flora for commercial purposes without the correct permissions. In Quang Nam this means all wild species except the following: • All fish not listed in Decree 48 and caught outside of a protected area • All non-forest reptiles not listed in Decree 48 and caught outside of a protected area, except turtles that are

all protected • All non-forest amphibians not listed in Decree 48 and caught outside of a protected area • Non-forest pigeons • All non-forest mammals not listed in Decree 48 and caught outside of a protected area • All invertebrates not listed in Decree 48 and caught outside of a protected area. Forest animals that stray into agricultural land are considered forest animals and so can not be hunted for commercial use without the correct permission. Captive breeding The process of producing increased numbers of non-domesticated animals through ex-situ propagation. Legal captive breeding Captive breeding should only be considered legal if: • All founder animals or plants have the correct capture or transfer permissions • All animals or plants sold are bred in captivity, not being either a) caught from the wild; or b) transferred

from another captive facility without the relevant permissions. Illegal captive breeding The holding of wildlife for commercial purposes where: • Any individual lacks the correct capture or transfer permissions • The wildlife sold is wild born. Animal laundering The sale of wild caught animals by breeding farms claiming them to be captive bred.

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Background To Quang Nam

1. Introduction Quang Nam is a central province of the Socialist Republic of Vietnam located between 14o57’22’’ - 16o04’28’’ north and 107o13’35’’ - 108o42’06’’ east. The land area of Quang Nam is 10,405.14km2 (DONRE, 2000) being divided into 15 districts and 2 towns. Twelve of these 16 districts have natural forest cover. Provincial statistics classify 7,948.98km2 as forest land accounting for 76.4% of the province’s total land area. 4,393km2 of this total are classified as forest, of which 3,892km2 is natural forest (Anon, 2003). Forest land is divided into Special-Use Forest, Protection Forest and Production Forests. Natural forests of Quang Nam are broadleaf evergreen, with their composition and structure depending on altitude, aspect and precipitation. The population at the end of 2003 was 1,438,818 at an average density of 138 people per km2 and a population growth rate of over 2% (Anon, 2003). Human demography correlates to the province’s topography, with the highest human densities along the coast and decreasing densities to the west as hills turn to mountains and forest cover increases. Five ethnic groups are found in Quang Nam; the Kinh majority predominantly inhabits the low and midlands, although are found throughout the province. The other groups are focused on the mountainous districts. The second largest ethnic group is the Ka Tu followed by the Xe Dang (Xe Dang and Ca Dong sub-groups), Gie-Trieng (Gie-Trieng, M’Nong, Ta-Rieng and Ve sub-groups) and Cor are also present in significant numbers (adapted from Nguyen Lam Thanh, 2003). Quang Nam is a poor province with a GDP at current prices of 5,991,177 million Dong. Of this total, 35.66% comes from the agriculture, forestry, and fishery sectors, 30.19% from industry, and construction and 34.15% from service (Anon, 2003).

Table 1. Population demographics of Quang Nam province

District Population (av pop)

Density (pers/km2)

Urban population

Rural population

Natural growth rate ‰

Ethnic composition %

Tam Ky 103,730 112 Phu Ninh 84,477 33 55,918 117,914 12.34 Hoi An 82,020 1,351 37,969 44,051 9.74 Dong Giang 21,025 26 3,984 17,041 22.64 Ka Tu: 681 Tay Giang 13,734 15 - 13,734 24.54 Ka Tu: 981 Dai Loc 157,217 269 17,300 139,917 12.35 Dien Ban 194,117 906 8,520 185,597 10.81 Duy Xuyen 128,119 430 22,581 105,538 11.78 Nam Giang 19,992 11 6,397 13,595 17.16 Ka Tu: 571

Ta Rieng: 211 Thang Binh 186,372 484 17,092 169,280 12.18 Que Son 128,451 182 9,462 118,989 13.50 Hiep Duc 39,509 80 3,008 36,501 13.23 Ca Dong: 51

M’Nong: 21 Tien Phuoc 73,535 162 7,428 66,107 10.96 Phuoc Son 19,939 17 6,605 13,334 22.97 M’Nong: 631

Others: 5.51 Nui Thanh 141,286 265 10,017 131,269 15.10 Cor: 0.51 Bac Tra My 37,312 45 11,380 25,932 16.64 Ca Dong: 331

Cor: 111 Gie Trieng: 1.51 Xo Dang: 1.51

Nam Tra My 20,953 25 - 20,953 18.52 Xo Dang: 36.51 Ca Dong: 551

Notes: All data Anon (2003) unless stated otherwise; 1 Sourced or calculated from unpublished 2003 data of the Department for Ethnic Peoples

Forest and freshwater systems are a critical component of the livelihood of the majority of Quang Nam’s population. As the province develops into an industrial province this importance is increasing further as it

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depends more and more on forests to provide a stable environment and freshwater its irrigation and electricity supply. An initial plan for 10 large-scale hydro-power stations (> 30 MW) was proposed with eight receiving approval in May 2003 by the Ministry of Industry. These have a planned annual productivity of 4,654x106 Kwh. Moreover, there is an additional plan to construct 30 small to medium sized hydro-power stations in Quang Nam with a combined annual productivity of nearly 650 X 106 Kwh. Such plans to develop hydro-power stations in Quang Nam highlight the urgent requirement to protect remaining natural forests as water catchment protection of hydro-power stations. 2. Geography of Quang Nam Officially Quang Nam is divided into three topographic regions (FIPI, 2003): 2.1. Mountainous area Distributed primarily in western Quang Nam across eight districts (Tay Giang, Dong Giang, Nam Giang, Phuoc Son, Nam Tra My, Bac Tra My, Tien Phuoc and Hiep Duc), but also with localised areas in Dai Loc, Que Son, Thang Binh and Nui Thanh districts. Mountainous land covers 6,938.62 km2 accounting for 66.6 percent of the province’s land area and can be divided into two sub-categories: • High-mountainous area (2,869.06 km2) is located primarily in the six districts of Tay Giang, Dong Giang,

Nam Giang, Phuoc Son, Nam Tra My and Bac Tra My • Low-mountainous area (4,065.81 km2) is found in the lower regions of the above mentioned districts plus

the majority of Hiep Duc and Tien Phuoc districts. 2.2. Hilly area Comprising 2,102.48 km2 and accounting for 20.2 percent of the province’s land area, hilly areas cover the majority of Dai Loc and Que Son districts with some hilly communes located in other districts. 2.3. Lowland and coastal area The rest of the province, mostly in the east, is lowland, comprising 1.122,94 km2 accounting for 10.8 percent of the province’s land area. There are 125 km of coastal line. 3. Biodiversity values of Quang Nam Quang Nam has a rich and varied biodiversity. To date, a total of 50 species of large mammal have been confirmed with an additional 11 being been provisionally recorded through interview. Twelve confirmed and two provisionally recorded large mammal species are classed as Globally Threatened: Vulnerable. 22 species of bat also confirmed. A total of 270 birds have been confirmed with two species being Globally Threatened: Vulnerable, these being crested argus (Rheinardia ocellata) and golden-winged laughingthrush (Garrulax ngoclinhensis). 48 taxa of reptile of which six turtles species are Globally Threatened: Vulnerable and 38 amphibians of which one frog, the Annam flying frog (Rhacophorus annamensis), is Globally Threatened: Vulnerable have been confirmed from Quang Nam. 194 species of butterfly have been confirmed to date. To date 1,129 species of plant in 164 families have been identified. Of these, six are classified as Globally Threatened: Vulnerable by IUCN (IUCN, 2003) and 47 species are classed as Vulnerable by the 2003 Vietnam Red Data Book (MONRE, 2003). A list of priority species (table 3) has been produced to assist in focusing conservation efforts and resources. Additionally flagship species were identified; these will be used to gain consensus for biodiversity conservation as they have appeal with the general public.

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Table 3. Priority 1 species in Quang Nam

Note: species in square brackets [ ] are not yet confirmed from Quang Nam

Flagship species of Quang Nam province • Large mammals: saola, grey-shanked douc, red-shanked douc, gibbons, tiger, elephant • Birds: hornbills, crested argus, laughingthrushes, [Edwards's pheasant] 4. Priority areas and their management principles 48 Forest Management Units (FMUs) are found in Quang Nam. A conservation assessment of Quang Nam (Long et al., in prep) identified geographic patterns of species distribution that show four regions of the province exhibit different species compositions. In order to conserve a representative sample of Quang Nam’s biodiversity therefore, the four priority FMUs, representing one from each biogeographic area (see table 4) must be strictly protected from forest clearance, hunting, logging and over exploitation of NTFPs. The other priority FMUs (table 4) should also be managed sustainably to enable ecosystem adaptability and preserve habitat connectivity.

Table 4. The biogeographic regions of Quang Nam and their distribution within FMUs

Biogeographic region Priority FMU Other priority FMUs

Kon Tum Plateaux Nam Tra My Main Phuoc Son Southeast

Truong Son Lowlands Que Son West Phuoc Son North; Nam Giang East

South-Central Truong Son Ridge Nam Giang Main Phuoc Son West

Bach Ma - Hai Van Mountains Tay Giang Main Dong Giang North The Forest Management Units of highest importance for watershed protection are: • Nam Tra My Main • Dong Giang South • Nam Giang Main These are all watersheds of planned large dams, so their protection is of high economic and development importance so increased investment in their protection will be cost effective. 5. Threats to biodiversity and natural resources A conservation assessment of Quang Nam (Long et al., in prep) identified a range of direct and indirect threats to biodiversity and natural resource protection and sustainable use (table 5).

Mammals Birds Turtles Trees grey-shanked douc Annam partridge Dipterocarpus costatus saola [Edwards's pheasant]

All turtle species Parashorea stellata

[Lowe's otter civet] Hopea hainanensis red-shanked douc

[chestnut-eared laughingthrush] Dalbergia oliveri

Pterocarpus macrocarpus white-cheeked crested gibbon

golden-winged laughingthrush Lithocarpus annamensis [black-crowned barwing] Rhodoleia championii [yellow-cheeked

crested gibbon] Magnolia annamensis [Pinus dalatensis] Fokienia hoginsii Aquilaria crassna

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Table 5. Threats to biodiversity and natural resources in Quang Nam

Direct threats Indirect threats

Rating Threat Rating Threat

1 Trade driven hunting Trade driven illegal logging Gold mining

1 Commercial resource extraction Dam construction

2 Forest conversion 2 Road construction 3 Trade driven NTFP harvest 3 Logging concessions

4 Subsistence hunting Subsistence logging Subsistence fishing

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5 Trade driven fishing 5 In-migration 7 Subsistence NTFP harvest 7

Summary Forest and freshwater systems are a critical component of the livelihood of the majority of Quang Nam’s population. As the province develops into an industrial province this importance is increasing further as it depends more and more on forests to provide a stable environment and freshwater for its irrigation and electricity supply. Moreover, the biodiversity of Quang Nam’s forests and freshwater systems is of global importance and of irreplaceable national importance for culture, natural heritage and education. Threats to natural systems and biodiversity are currently very large and unsustainable. If natural systems are to be beneficial and not destructive to Quang Nam, a major increase in the effectiveness of enforcement is required. The implementation of this action plan is therefore integral to the sustainable development of Quang Nam and will represent a major step towards the targets of the Quang Nam Biodiversity and Natural Resource Conservation Strategy 2005 – 2015.

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Developing the Action Plan The development of this Action Plan began in June 2003 with technical support from the WWF MOSAIC project and financial assistance from the John D. and Catherine, T. MacArthur Foundation and the United States Fish and Wildlife Service. In order to develop an appropriate action plan, a six step process occurred: 1. Wildlife law enforcement strengthening working group establishment 2. Needs assessment 3. Legal analysis 4. Wildlife trade survey 5. Training needs analysis of the Forest Protection Department 6. Action Plan drafting and consultation. 1. Wildlife law enforcement strengthening working group establishment Enforcement of wildlife and nature crime is the primary responsibility of the Forest Protection Department; however, the jurisdiction of these crimes is also under many other departments. Moreover, the effective operation of nature crime enforcement depends on the awareness and close cooperation of still further departments. To tackle this constraint, the Forest Protection Department organized a series of meetings with relevant departments, loosely termed a provincial working group. To date, the following departments have been involved with discussions: • Forest Protection Department • Investigation Police • Criminal Police • Economic Police • Transport Police • Market Control Force • Border Army • People Checking Department • Legislation Department • Courts. The following departments have been identified as valuable future additions to the group: • Security Police • People’s Council’s Legal Unit • Provincial People’s Committee Forestry Unit. Members of these departments have been involved in developing the methods for different stages of Action Plan production as well as discussions on the content of the action plan. 2. Needs Assessment The working group developed a questionnaire of 40 questions based on issues deemed relevant to strengthening wildlife law enforcement in Quang Nam. These issues can broadly be grouped into the following topics: • Perceptions on the importance of wildlife protection • Current constraints to wildlife law enforcement implementation • Options for increasing the effectiveness of wildlife law enforcement implementation in Quang Nam province. The Forest Protection Department conducted this questionnaire with 225 people from the above mentioned cooperating departments at the provincial level and in all 16 districts of Quang Nam province in December 2003 and January 2004. 2.1 Perceptions on the importance of wildlife protection Size of the problem The majority of interviewees perceived that hunting, trading, transporting and retail of wild animals occurs throughout Quang Nam, by many different people at all times of the year. This perception is backed up by studies that show the illegal hunting and trading of wildlife and forest resources is having a dramatic impact on

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the province’s biodiversity and hindering economic development of forest dependent communities. However, less than half of the interviewees thought that this was a serious problem. Current levels of enforcement Half the interviewees thought that wildlife enforcement was adequate at the current level. As recent studies show, hunting and the illegal trade in wildlife is large scale and relatively unhampered by current enforcement levels. Illegal trade in wildlife is the second largest illegal trade in the world, yet in Quang Nam, it is not considered as a serious crime. It is clear that enforcement requires intensifying, yet this is currently not understood. Understanding of the importance of wildlife protection 80% of people interviewed admitted that they do not understand the importance of wildlife protection and that they have little idea how large an issue it really is. Awareness levels of policy makers, enforcement agents and the general public is low. Who is responsible? It appears that most interviewed people perceive stopping nature crime as the job of the Forest Protection Department. The Forest Protection Department however, has little power to stop wildlife law breakers, especially outside forest areas where lots of the people organizing this illegal trade operate. 2.2 Current constraints to wildlife law enforcement implementation Unclear legislation • Current legislation has many overlapping laws and gaps making it hard for enforcement agents to interpret

and prosecutions difficult. • Much legislation is strong, but implementation guidelines have not yet been developed and or distributed. • Many laws require knowledge of species identification or threat status. This knowledge is rarely known by

rangers let alone other enforcement agents. The scale of the problem nature crime occurs throughout the province, at all times of the year and by a range of people including local hunters, outsiders, transporters, restaurant owners, traders and consumers. Dealing with all these issues within one department is impossible as it requires a range of techniques to address these issues such as forest patrols, vehicle checking, market control and prosecution. Collaboration between departments Given the scale and complexity of the issue (hunting, trading, legislation, prosecution etc), nature law enforcement can not be conducted by a single department. Many departments have specific skills which, if combined, would create a strong approach to tackling wildlife crime. Resources • Budgets, essential equipment and man power for effectively dealing with wildlife crime is insufficient. The

general consensus among interviewees was that equipment was lacking, rangers should receive bonuses for successful prosecutions and informers should be paid more.

• Training for all levels of law enforcement is insufficient including field patrol skills, undercover work, prosecution and legislation interpretation.

Lack of disincentive • Nature crime can bring large benefits to the criminals involved. Few nature crime cases are prosecuted

annually in Quang Nam at present. In fact, few hunters, traders, transporters or retailers are even stopped. • Due to the lack of awareness on the seriousness of nature crime, people involved are not perceived as

criminals. • Hunters are often warned not to hunt again, transporters simply get animals confiscated or sold back to

them. Wildlife trade surveys have shown that this small cost is simply added onto the price of the shipment and so no loss is incurred by the criminal through such weak enforcement.

• The perception of hunters as being poor is misleading as hunters are often professionals. If a poor, local person is caught hunting then alternatives to fines should be available such as community work. Wildlife traders and wildlife restaurant owners are making lots of money from crime.

• The disincentive to wildlife crime must outweigh the incentive or it will continue. 2.3 Options for increasing the effectiveness of wildlife law enforcement implementation in Quang Nam province • Develop a provincial nature law enforcement action plan with multi-department cooperation.

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• Enable forest dependent communities to share the responsibility for wildlife protection with the state. This is best achieved though forest land allocation, community forest management agreements and establishing ‘Village Protection Teams’ to help patrol the forest and protect its resources.

• Training for all departments involved in nature law enforcement, especially in field patrol techniques, wildlife trade enforcement and effective prosecution processes.

• Establish an informant network across the province. • Provide rangers and commune forestry officers with more power to effectively locate and deal with violators

of national nature protection laws. • Nature law enforcement departments must work closely with local communities to prevent the harvesting of

resources by outsiders. • Effectively implement Decision 245/QD/NN-KL of MARD. • Increase forest patrol effort by the Forest Protection Department and cooperating departments. • Implement an extensive, intensive and long-term trap removal programme. • Stop the selling of wildlife meat and products in restaurants and other retail outlets. • Produce a provincial instruction banning all government employees and party members from eating wildlife

or purchasing wildlife products. • Implement a crackdown on wildlife traders to remove them from Quang Nam. • Sign community no-hunting pledges. • Stop illegal gold mining. • Awareness programmes to warn the general public of new, tough wildlife crime legislation and enforcement. • Increase the awareness of policy makers and prosecutors to facilitate strong policy and effective

prosecutions. 3. Legal analysis All national and provincial legislation was analysed. The results presented here only show where legislation is unclear. 3.1 Forest Development and Protection Law, 03/12/2004 Article 3: “The forest owner has permission to exploit and develop common resource species, but they have to follow the law; in the case that they can protect and develop rare species, the forest owner is provided priority policy”. In Quang Nam, forest owners are mainly State Forest Enterprises and local people or communities that have been allocated forest. In reality, neither of these currently have plans to protect and develop rare species or sustainably manage common species. Moreover, it is unlikely that they can even distinguish rare from common species. If forest owners are to follow the law effectively, the province needs to develop specific regulations with each forest owner on what forest resources can be sustainably harvested and what must be protected. This would best be done through the provincial forest land allocation programme to communities and with State Forest Enterprise Management Boards. Such forest management plans should be developed for all allocated forest areas in Quang Nam and be monitored by the relevant authorities. Article 19: “Hunting wild animals should follow the regulation of the state on management and protection of wild animals”. This article is similar to others in other legislation. However, legislation on hunting and wildlife management is not clear. The laws on what species are allowed to be hunted in what forest are too complicated for field rangers to understand. A clear document explaining this for Quang Nam province would clarify the issue. For example, all hunting is Special-use Forest core zones is prohibited, hunting of muntjac, pig, civets and porcupine is allowed in allocated forest within designated areas and times as part of the allocation forest management plan. All other hunting is prohibited. Punishments for breaking this legislation must be clear and provide a suitable disincentive. This removes all confusions over hunting methods or the threat status of the species so everyone can be clear on the law in Quang Nam. Article 20: “Every kind of hunting that the law does not permit is banned”. This article is very clear, but a recent ranger survey by the Forest Protection Department estimated about 2,000 to 5,000 traps are regularly set in the forests of Quang Nam. Removing snares is easy; it just requires dedicated rangers to conduct regular removal exercises. Resources for such intensive effort, however, are not currently available.

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3.2 Environmental Protection Law, 27/12/1993 Article 29: “Exploitation or selling of rare species of fauna and flora which are listed in government regulations are banned” This regulation is adjusted in the forest protection and development law and other legislation. Each law slightly adjusts this statement to the extent that it becomes confused. A single law and implementation guideline instruction should be developed to clarify how to stop hunting and trading protected species. This should include how to stop each stage of the wildlife trade including traders, transporters and restaurants and which departments are responsible for what issues as this problem is not recognized by many departments. 3.3 Decree 139/2004/ND-CP, 25/06/2004 These decrees regulate the level of administrative fines permitted for forest crime. These two decrees only provide instructions for common and group IIB species. The rarest species, those in IA and IB are not covered in these decrees and so prosecution is complicated. These documents base fines on current local market prices. As it is illegal to sell these species, FPD do not know the current market prices. Set fines for each species should therefore be established in Quang Nam to ease procedure. Fines should be given per animal not by weight and per shipment as is currently standard. 3.4 Decree 18/HDBT and 48/2002/ND-CP Defines rare species as IA and IIA for very rare and rare plants and IB and IIB for very rare and rare animals respectively. Violations involving IA and IB species should be prosecuted under criminal law and those involving IIA and IIB should be fined under administrative law. This causes four problems: 1. It is difficult to prosecute for nature crime as it is not considered a bad crime by many departments and

criminal law does not have clear guidelines on how to prosecute nature crime. 2. Fining for IIA and IIB is difficult as cooperation with other departments is weak and prosecuting for priority

species on IIB such as the sun bear is made difficult. 3. Many species’ statuses were altered by Decree 48, but it was not clear how. Instruction 3399 clarified this,

although few people realize this. 4. Few rangers or other law enforcement agents can identify species effectively, making it difficult to

implement these laws. Where possible, a simpler system for Quang Nam should be established according to the law, where simple categories such as bear, large cat, civet or hard-shelled turtle are used, with appropriate punishment assigned to each category. 3.5 Criminal Law 2000, 04/01/2000 Article 190: “Regulates the violation on rare animals“. Rare animals are defined in decree 18/HDBT and decree 48/2002/ND-CP and divided into IA IIA for plants and IB and IIB for animals. The mechanisms for protecting IIA and IIB species are provided in decrees 77/CP and 17/2002/ND-CP; see above for problems with these decrees. Criminal law does not provide clear guidelines for dealing with prosecutions relating to IA and IB species. The problem with defining species according to their threat status is that species identification skills are weak within the Forest Protection Department and even weaker within other departments. Decree 17/2002/ND-CP clearly provides regulations for common species, but they are often ignored as the value of the species is low. Clear guidelines are required explaining that any act of hunting, catching, killing, purchasing, selling, storing, cage-raising, transporting or using precious and rare as well as common wild animals is illegal unless the appropriate permission is obtained. Clear prosecution guidelines for these acts should also be produced with punishment sufficiently high to provide a disincentive to violating the law. 3.6 Administrative fine ordinance No 44/2002/PL-UBTVQH10 Article 14: Regulates that the maximum administrative fine for forest law violation is 30,000,000VND. This means that if the fine for a violation is over 30,000,000VND, a prosecution through the courts system should occur, a regulation reinforced in decree 139/2004/ND-CP. However, the investigation offices say that

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other law documents that regulate the value of timber state that this level of fine is too low to prosecute through the court system. Better cooperation between departments is required to solve this issue as well as training for enforcement agents in how to gather sufficient evidence to enable prosecutions. 3.7 Transportation license regulation; Decision 47/1999 Article 10: Common species require a hunting and transporting license, issued by the local Forest Protection Department. The only way that hunting is permitted according to the law is through forest management agreements with forest owners, although no regulation actually states that hunting is permitted. Therefore, this has not occurred in Quang Nam to date. This means that all hunting and transporting of wildlife is illegal in Quang Nam at present. If community forest management plans are developed through the forest land allocation process, these plans may involve sustainable hunting rights for crop protection and subsistence. If so, they would require approval of the district Forest Protection Department for hunting to be legalized and effectively monitored. Every animal from a breeding farm requires a license from the local Forest Protection Department and be accompanied by a sale voucher and transport license. Currently no instruction or policy on breeding farms exists that enables the provision of hunting or breeding licenses. According to Decree 17 no animal can be kept in a cage and punishment guidelines are provided for this crime. However, many animals are currently kept in captivity in Quang Nam. Specific provincial instructions on captive animals should be developed including: • Guidelines stating that no captive breeding be established in Quang Nam as it only encourages illegal

wildlife trade and is very difficult to regulate. • All animals in captivity should be registered and marked so that they can not be replaced. Any person with a

non-registered animal in captivity should be prosecuted under decree 17. • Registering fees should be paid to fund this operation. 3.8 Instruction 359/TTg This instruction requests all departments and stakeholders at all levels to strictly control wildlife crime. This instruction requires urgent and focused implementation. Wildlife crime brings large benefits to the criminals that indulge in it, so they will not stop unless enforcement action stops them. 3.9 Circular 144/2002 Regulates the responsibility departments and promotes collaboration between the Ministry of Agriculture and Rural Development, the Police and the Ministry of Defence in patrolling and dealing with wildlife crime. This does not happen in reality as local collaboration is weak and wildlife crime is considered the responsibility of the Forest Protection Department only. Additionally, this cooperation requires financing as all departments lack field costs to implement wildlife law enforcement. 4. Wildlife Trade Survey Fifteen rangers were trained to conduct undercover surveys to extract information on who is operating the illegal trade of animals, how and where. Information gathering was focused on the identification of the people, locations and methods involved in the trade, to enable a response that would most effectively remove this illegal trade from Quang Nam province. A similar survey is required for the illegal timber trade in Quang Nam. The illegal wildlife trade is the biggest threat to the survival of Vietnam’s unique and varied biodiversity. The wildlife trade in Vietnam is an extensive and complex industry with conservative valuations in 1992 of being worth over US$20 million annually (Donovan, 1998). Increased demand on both a domestic and international scale for wildlife and wildlife products, combined with an increased market price has led to a proliferation of the trade in recent years (Donovan, 1998; SFNC/TRAFFIC, 1999; SFNC, 2003; Tran Quoc Bao, 2001; Compton & Le Hai Quang, 1998). The scale of the trade is only recently becoming realised with bribery, corruption, violent competition amongst traders, violent conflicts between violators and enforcement officials and with links to organised crime and drug smuggling clear indicators to the profits being gained by this illegal trade. Recently, a US Attorney stated that the profits from the wildlife trade are the same as those from the illegal drug trade (Agencies, March 2004).

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The illegal wildlife trade in Quang Nam province is widespread, operating in a relatively uncontrolled manner, worth thousands of dollars and involves massive quantities of wildlife. The wildlife trade dynamic in Quang Nam forms part of a network stretching from Ho Chi Minh City to China. The turtle, bear, tiger, pangolin and sambar trade are all present in the province and pose a serious threat to these animals’ survival. 4.1 Wildlife traders A total of 55 traders have been identified in Quang Nam. These operate at different levels: International, inter-provincial and provincial. Most of the inter-provincial traders sell wildlife to Da Nang. Of these traders, only six are selling to destinations outside of the province excluding Da Nang (Hanoi, Ho Chi Minh City, and Hai Phong). 4.2 Bushmeat trade A total of 73 restaurants selling wildlife meat have so far been identified in Quang Nam. Tam Ky town alone has a minimum of 20 restaurants. The main customers in bushmeat restaurants are businessmen, government employees and people travelling highway 1. Quantities vary with season; the dry season (February - September) being the time of greatest demand. Restaurants in Tam Ky town sell most from Monday to Friday, with very little being sold on the weekends as most government officials return home to Da Nang during this time. 4.3 Cracking the wildlife trade network The illegal wildlife trade currently operates relatively uncontrolled in Quang Nam province with less than 2.6% of the wildlife trade operating within the province being intercepted (Roberton et al., 2004). Limited man power, finances and legal strength of rangers to control the wildlife trade mean that actions must be prioritised to have greatest impact. Previous fines and arrests have been ineffective at controlling the wildlife trade and eliminating wildlife traders. Indications of corruption and leniency have been encountered. Tactical enforcement actions need to be designed that result in large fines or imprisonment, ensuring wildlife trading stops. Three main actions that would have the greatest impact on the wildlife trade in Quang Nam are: • Elimination of the large wildlife traders • Cessation of the consumption of bushmeat in restaurants • Strengthened cooperation between enforcement agencies. 5. Training needs analysis of the Forest Protection Department A training needs analysis was conducted by international experts from WidAid Asia. A list of competencies required for the enforcement component of a Forest Protection Department ranger was compiled and from that, a classification of required rangers and their roles were developed. Different levels of responsibility are required within these two ranger types, requiring additional training for more senior levels. 5.1 Enforcement Ranger Role: To enforce the laws of Vietnam, seek out and arrest violators and to provide a safe and secure environment, regardless of the season, weather or terrain. 5.2 Enforcement Ranger Basic: A trained ranger who is qualified, by completing the Enforcement Ranger Basic Training Course, to enforce the laws of Vietnam correctly whilst acting as part of a small team. 5.3 Enforcement Ranger Senior: A trained ranger who is qualified, by passing a proficiency test after 12 months of active service from the date of completing the Enforcement Ranger Basic Training Course. 5.4 Enforcement Ranger Team Leader: A trained ranger who is qualified, by attending the Enforcement Ranger Command Training Course to enforce the laws of Vietnam correctly. The Team Leader is qualified to plan and lead patrols with relevant direction from district and provincial level. He is qualified to manage personnel and stores at team or section level and to provide refresher training for his patrol members. He is able to manage the processing of all violations that occur under his leadership and provide detailed and accurate reports. 5.5 Provincial Mobile Unit Ranger Role: To enforce the forest laws, investigate and arrest violators in urban and forest areas throughout the province.

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5.6 Provincial Mobile Unit Ranger: A trained senior enforcement ranger, who is qualified by attending a Nature Crime Investigation Course to investigate and enforce laws within the province both in an urban and forest environment. 5.7 Provincial Mobile Unit Ranger Team Leader: A trained enforcement ranger team leader who is qualified by attending a Nature Crime Investigation Course to investigate and enforce the laws within the province both in an urban and forest environment. He is qualified to manage personnel and stores at team or section level and to provide refresher training for his unit members. He is able to investigate and take action against all violations that occur in his area of operation under his leadership and provide detailed and accurate reports. 5.8 Training progression A four stage process of career progression was developed. A ranger must pass each stage, not simply take the course to progress to the next level. Enforcement Ranger Basic Training Course Proficiency Testing: Enforcement Ranger Basic Training Course plus twelve months proficient service Nature Crime Investigation Course: plus proficiency testing Enforcement Ranger – Command Course 6. Action Plan drafting and consultation This action plan was drafted by the Forest Protection Department based on the results of the above activities and numerous meetings with the provincial Nature Law Enforcement Working Group. Once drafted, it was distributed to all working group members for comments which were further discussed at meetings before finalisation.

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References Anonymous. 2003. Quang Nam Statistical Yearbook 2003. Quang Nam Statistical Publishing House. Hanoi,

Vietnam. Department of Land Administration. 2000. Quang Nam Land Census [In Vietnamese]. Printing House of Quang

Nam Newspaper, Tam Ky, Vietnam. Forest Inventory and Planning Institute (FIPI). 2003. Brief Report on the Project of Planning Three Forest

Categories and Use of Bare Lands in Quang Nam Province [In Vietnamese] Unpublished report to a provincial meeting in August 2003.

IUCN 2003. 2003 IUCN Red List of Threatened Species. <www.redlist.org>. Downloaded on 09 February 2004.

Ministry of Natural Resources and Environment and Vietnamese Academy of Science and Technology. 2003. Red Data

Book of Vietnam. Plants. Science and Technics Publishing House, Hanoi, Vietnam.

People’s Committee of Quang Nam. 2003. Programme to Develop Quang Nam into an Industrial Province based on

Increasing Industrial Production and Services [In Vietnamese]. Unpublished Report. People’s Committee of Quang Nam,

Tam Ky, Vietnam.

Nguyen Lam Thanh. 2003. Socio-economic Issues in the Central Truong Son Landscape. Central Truong Son Initiative

Report No. 2. WWF Indochina. Hanoi, Vietnam.

Donovan, D.G. (ed). 1998. Policy Issues of Transboundary Trade in Forest Products in Northern Vietnam, Laos PDR, and

Yunnan PRC. Volume II: The Country Reports. Program on Environment, East-West Centre, Honolulu, Hawaii.

SFNC/TRAFFIC. 1999. An Analysis of the Wildlife Trade Dynamics around the Pu Mat Nature Reserve. Unpublished report.

Social Forestry and Nature Conservation in Nghe An Province Project. Vinh, Vietnam.

SFNC. 2003. Hunting and Trading Wildlife: An Investigation into the Wildlife Trade in and around the Pu Mat National Park,

Nghe An Province, Vietnam. Unpublished report. Social Forestry and Nature Conservation in Nghe An Province Project.

Vinh, Vietnam.

Tran Quoc Bao. 2001. The Wildlife Trade and Economy. Nature Conservation Unit (National Forest Protection Department)

and Vietnam CITES office. Hanoi, Vietnam.

Compton, J and Le Hai Quang. 1998. An Assessment of Wildlife Trade in Vietnam. Borderline. WWF Indochina

Programme. Hanoi, Vietnam.

Agencies. March 6th 2004. Man gets 41 months for smuggling wildlife. http://www.warthai.org /education/smuggling.htm Roberton, S., Huyen Van Thuong, Nguyen Ngoc Nguyen, Ho Loi, Le Hoang Son, Nguyen Quyen, Vu Ngoc Anh, Le Van Di,

Hoang Xuan Thuy, Vu Ngoc Thanh and Long, B. 2004. The Illegal Wildlife Trade in Quang Nam Province; Covert

Investigations by Specially Trained Forest Rangers. Unpublished report. WWF Indochina and Quang Nam Forest

Protection Department. Tam Ky, Vietnam

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Quang Nam Biodiversity and Natural Resource Law Enforcement Action Plan

Unsustainable exploitation and illegal activities related to forest and freshwater resources are reduced to sustainable levels enabling protection, maintenance and restoration of biodiversity, economic, social and cultural values throughout Quang Nam.

1. Actions Action 1. Increased effectiveness of ranger deployment The current deployment of the FPD rangers limits the ability of the organization to effectively: a. Carry out forest-based enforcement action over the province at a sustained level b. Conduct multiple investigations that are controlled and directed at the provincial level, including follow-up

successful prosecutions c. Provide sufficient manpower for extant operations at all district level ranger stations d. Man road barriers effectively e. Plan and monitor commune level liaison and community based enforcement. Current ranger deployment systems in Quang Nam prevent effective law enforcement efforts as man power is widely dispersed and weakly line managed. Ranger stations have little operational viability at present as man power is limited and living conditions poor, resulting in low levels of motivation. To strengthen law enforcement efforts, rangers must be deployed in a more effective manner so that their activities can be strategically targeted and closely monitored. A three step ranger redeployment process has been designed to negate these problems and make the lives of rangers more comfortable and so increase motivation levels in the ranger force. Current constraints: 1. Some districts require more staff to effectively carry out their duties 2. Road barriers are ineffective at preventing the transportation of contraband as resources prevent round the

clock vigilance 3. The relatively effective mobile ranger unit is small. Strengthening steps: Stage 1: Reduction in ranger station number to ensure effective barrier control Stage 2: Efficient deployment of rangers at district level Stage 3: Increased mobile unit force and capacity. Stage 1 Quang Nam has 23 ranger stations, each with between four to six rangers. Seven of these have road barriers requiring 24 hour vigilance. Ranger stations are usually remote with little to no access to facilities such as electricity, piped water and markets. With low living conditions and insufficient staff to conduct work effectively, rangers are unmotivated and unhappy. To negate these problems, five strategically located road barriers will remain (Xa Ba, Thanh My, Phuoc Hiep, Tra My, Que Truong), with others not being manned. Rangers will not be stationed at the barriers permanently, but district rangers rotated. This will enable all rangers to spend equal, short, lengths of time each month on the barrier, assisting with the maintenance of concentration. Non-barrier stations will not be permanently manned allowing for an increase in man power at barriers. Other stations should be maintained, but used periodically for community outreach work and as staging posts for enforcement operations. Stage 2

It is proposed that rangers be based at the district headquarters and conduct all deployments from a central location. It is proposed that rangers work on a rotation system from the district headquarters. The rotation would loosely be based on the following duties: • Forest management and protection tasks with the community • Road barrier duties • Forest patrolling, work on the informant network and trade monitoring and enforcement • Other duties in the district headquarters including rest periods.

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Although deployed from district headquarters, rangers will be working daily outside of the district town, often staying in the villages, forest or barrier stations to complete their duties. Deployment will be assigned by the district director based on discussion with the head of the legal unit, who will be responsible for law enforcement operational planning, and the head of the forest management and protection unit, who is responsible for community work. The advantages of stage 1 and 2 are: 1. More effective management of personnel and monitoring of outcomes on directed tasks 2. The likelihood of violators establishing corrupt links with rangers are lessened due to the changing shifts 3. Rotations lessen the boredom and associated indifference with long periods of mundane tasks i.e. barrier

duties 4. Rangers are given a more varied and interesting work routine. This should have a positive effect on ranger

morale and effectiveness 5. Line management of rangers remains unchanged 6. Rangers are based in district towns so access to services and time with their families is increased. Stage 3 Redirect thirty one field rangers to enlarge the mobile ranger force and provide it extra responsibilities. Two units, each with three teams of four rangers will be deployed by the director of provincial FPD and based in the provincial FPD office. The new mobile force will have increased responsibilities including: 1. Development and implementation of a responsive forest patrolling plan that can be directed anywhere

within the province 2. Support district/Special-Use Forest patrol operations through an increase in the tempo of field-based ranger

patrolling operations 3. Monitoring and enforcing wildlife/timber traders and retail outlets 4. Conduct investigations throughout Quang Nam province in response to district or provincial requests

including the development of an informant network 5. Provision of a mobile training team when and as required for all districts. Proposed mobile unit structure (see figure 1) Redirected rangers will be blistered onto the current mobile unit manning of ten. The mobile unit will be reorganized to form the following enforcement orientated structure of thirty one personnel: • Two mobile units each with a head and deputy • A shared administration unit dedicated to administration and the maintenance of a violator database, radio

communications/hotline numbers and other enforcement information • Six teams of four personnel each for routine patrolling operations • The ability to form into two sections of 8 to 10 personnel for larger scale operations. The advantages of stage 3 are: • Increased availability of manpower for provincial wide operations that the mobile team is already conducting

with good effect • Ability to respond to and assist districts with their enforcement action • Ability to respond quickly to information • Assistance to districts through the supply of information from a developing data base and use of informants • FPD can respond to performance problems with a domestic training unit • Can focus on non-forest violators such as timber and wildlife dealers • Can be a very visible and effective deterrent to violators • Two teams can lead to competition between them so increasing effectiveness.

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Figure 1. Organisational chart of proposed mobile ranger force

Budget considerations Although this revised deployment of rangers is more efficient and effective it requires some additional expenses as the budget needs to take into consideration expenses incurred in the actual conduction of operations including: • Increased fuel expenses • Vehicle service and maintenance • General office and equipment maintenance and replacement costs • Food, water and provision for patrolling operations. 1. Targets

1. By the end of 2005 rangers are being deployed from district headquarters 2. By the end of 2006 five road barriers are operating effectively 3. By the end of 2006 the five road barrier stations have been rebuilt with comfortable conditions and

appropriate facilities 4. By the end of 2006 all districts, barriers and mobile units are connected with a reliable communications

system 5. By the end of 2006 the new mobile unit structure will be implemented with full training and equipment

support. Action 2. Wildlife and timber trade operational plan The illegal trade in wildlife and timber in Quang Nam is the underlying cause of the majority of natural resource depletion. These trades are carried out by people that fall into three general categories: 1. Restaurants, retailers, wood processors 2. Small traders 3. Big traders. 1. Retail outlets There is at least 70 restaurants illegally selling wildlife in Quang Nam. Some of these restaurants specialize in wild meats, while others offer a relatively small amount. These restaurants appear to be the most widespread and numerous dealers of wildlife and therefore pose a serious threat to wildlife in Quang Nam. Other outlets selling wildlife include traditional medicine shops as well as venders selling wild birds and other animals for consumption or pets. Timber processing shops and small saw mills are widespread. As retail outlets sell to the public and are relatively easy to locate, long investigations are not usually required. 2. Small traders Small traders can be defined as traders that buy wildlife from hunters or timber from loggers and sell to retail outlets or big traders. Small traders are essentially middlemen in the trade and play a vital role in the overall trade network. The majority of small traders can be closed down through a series of large fines and/or vehicle confiscations, although criminal prosecutions will sometimes be required.

DirectorProvincial FPD

Head Mobile Unit 1

HeadMobile Unit 2

Vice-head Mobile Unit 1

Team 3 (4 people)

Vice-headMobile Unit 2

Team 1(4 people)

Team 2(4 people)

Team 3 (4 people)

Team 2 (4 people)

Team 1 (4 people)

Administration Unit(3 people)

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3. Big traders Big traders operate large scale businesses, often supplying numerous retail outlets and other traders. Many large traders operate over a number of provinces and may trade internationally. The big traders often purchase natural resources from small traders or directly from hunters/loggers. They are usually very well organized, wealthy and well connected. They may keep wildlife in their homes or may control the entire trade from a separate location, with the illegal goods being stored in other locations to protect themselves from prosecution. Administration fines are unlikely to stop these illegal businesses as they earn the criminals vast wealth. Criminal prosecutions are the most effective method to remove these traders from Quang Nam. Action steps While the offences committed by retailers, small traders and big traders are similar, the action steps required to deal with all three may vary. 1. Retail outlets • Sign a written agreement with all retail outlets including restaurants, traditional medicine shops and timber

processing plants. The agreement should be strong and clearly state the law and potential prosecutions • Identify which retail outlets are continuing to sell illegal forest products through the use of an informant

network • Confirm information through the use of scouts • Enforcement action either alone or with cooperating departments when required • Statements from local, reliable witnesses will be obtained to strengthen the case and the ranger’s

statements • All wildlife and wildlife products will be confiscated and disposed of according to the law • Offending retail outlets will be prosecuted according to the law • Repeat offenders will receive the maximum fines possible according to the law and when relevant, cases

will be submitted to the district with a request to take the retail business license away • Continual monitoring will occur to prevent re-violation. 2. Small traders • All traders in Quang Nam will be identified using an informant network • Confirm information through the use of scouts • Enforcement action will be taken directly by rangers if a violation is clearly observed. If support from other

authorities is required a search warrant from the People’s Committee will be requested • Statements from local, reliable witnesses will be obtained to strengthen the case and the ranger’s

statements • Prosecution will be according to the law with fines as severe as possible to discourage the offender from

committing further violations • Repeat offenders of administrative violations will have their facilities confiscated according to the law when

possible • Continual monitoring will occur to prevent re-violation.

3. Big traders • All traders in Quang Nam will be identified using an informant network • Plan and carry out investigations to determine the trade chain, what kind of transport is used, what kind of

methods are used etc. Investigations will be conducted in cooperation with the police, transport authorities etc.

• Sting operations will be planned and conducted in cooperation with the relevant authorities • The timing of raids will be carefully chosen to ensure that the offence is large enough to ensure a sound

prosecution and a large penalty as the trader must be prosecuted on the first operation. Administrative fines are useless against the big traders and post enforcement; they will be harder to catch again

• Statements from local, reliable witnesses will be obtained to strengthen the case and the ranger’s statements

• Continual monitoring will occur to prevent re-violation. 2. Targets 1. By the end of 2004 all relevant retail outlets will have a signed agreement on the cessation of illegal

activities following an awareness raising meeting with rangers on the laws they are potentially breaking 2. By the end of 2004 a provincial awareness campaign will be conducted including mass media coverage of

the agreement signing and the display of posters in relevant retail outlets explaining the law and reasons why natural resources should not be purchased

3. By the end of 2005 a high profile enforcement campaign has been conducted on retail outlets 4. By the end of 2006 no retail outlets in Quang Nam are selling illegal wildlife and timber products

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5. By the end of 2006 the number of small traders has been significantly reduced 6. By the end of 2006 at least one large operation has been conducted on each of the big traders 7. Illegal logging survey to identify key traders and key enforcement points conducted in 2006 8. A provincial level procedure for dealing with confiscated animals will be developed by the end of 2005 with

relevant follow up to enable a fully functional protocol by the end of 2008 9. A provincial captive animal registration system is developed and fully operational by the end of 2007 10. By the end of 2009 illegal trade in Quang Nam has been minimised. Action 3. Patrolling operational plan With a redeployed ranger force, regular forest patrols will be possible in each district and Special-Use Forest. Management boards will assign a team each week to a five day patrol in a strategically chosen location through the use of a computerised monitoring system (see below). Patrol plans are not discussed here as each management unit will develop plans based on local resources/constraints and violation information. Patrol plans will be based around the requirements of the Forest Management Units within a district with the mobile units supporting where necessary. Patrol operational plans will be developed based on the training plan in cooperation with international experts on ranger enforcement operations. ‘Village Protection Teams’ are being established in each forested commune. These teams have some limited enforcement power so require training and coordination so will be built within ranger patrolling schedules and plans. 3. Targets 1. By the end of 2006 a standard operational plan for patrols by Quang Nam FPD is developed 2. By the end of 2008 each district has developed and is implementing a strategic enforcement plan for each

Forest Management Unit 3. Patrol effort is increased so that every ranger conducts at least 10 days patrolling per month by the end of

2006 4. VPT operations are incorporated into district FPD patrol plans and rangers routinely support VPT patrols. Action 4. Informant network operational plan Criminals are becoming increasingly organized. Technology, improved geographical coverage, cheaper and easier transportation and growing demand all enable the illegal wildlife dealers to improve their operations. Often wildlife related crimes are completely undetected as the enforcement agencies simply do not have the manpower to ‘be everywhere at once’. One way to overcome this obstacle is to have good informant networks. A well established informant network is crucial to gathering a wide range of information. Informant networks vary according to each situation. There are no set guidelines on how to establish an informant or an informant network. Use of informants: • Provide independent surveillance in places where overt presence of law enforcement officials or even

strangers would be suspect or not tolerated • Obtain information from sources not readily available to the law enforcement authorities • Conduct controlled undercover negotiations with, or introduce undercover officials to, criminal suspects • Gather information on prices, modus operandi etc. on suspects • Informants may testify as a witness during court proceedings. Each district Forest Protection Department will establish an informant network through the trained heads of legal units. Time will be made available for this within the ranger rotation system under the redeployment of rangers at district levels. District level informants will be linked to the informant network of the mobile units and centrally managed by the administration unit of the mobile units. All information from informants will be classified according to its reliability and will be paid through the financing available from resultant prosecutions. Rules of engaging the informant network: • FPD, not the informant, will always control the investigation • FPD will not make any promises to the informant that cannot be kept • FPD will maintain frequent contact with the informant to develop a good rapport and trust

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• FPD will continually assess the reliability of the informant and the information supplied. 4. Targets 1. Establish a district level informant network by the end of 2006 2. The mobile units will establish a provincial wide informant network by the end of 2006 3. A database of informants and their information including indexes of reliability will be established under the

mobile force’s administration unit by the end of 2006 4. Information is being regularly obtained on violations, especially traders, leading to successful prosecutions

by the end of 2007. Action 5. Violation monitoring system The most effective monitoring system for the above four points is based in the field with a focus on natural resource abundance and population trends. This will be established through a combination of patrol data and species focused monitoring programmes. In addition to the above, it is important to record secondary data such as time spent on patrol or number of prosecutions, in order to monitor ranger forces and create competition between them to increase motivation and effectiveness. A database of violations is also critical when planning enforcement efforts so as to enable their focus to target the areas with highest likelihood of capturing violators. This should be linked to a violator database to enable repeat violators, important transportation vehicles, or middle men to be identified. All these databases will be established under the mobile force’s administration unit, but data input will occur at the district level with monthly transfer of data to the central database. This system requires equipment purchase in terms of computers and extensive training of district legal departments to enable their effective use of databases. 5. Targets 1. Design, distribute and train for a standard patrol datasheet 2. Equipment to allow a database monitoring system to be established across Quang Nam is purchased

before the end of 2006 3. An appropriate database system is designed by an expert by the end of 2006 4. The whole system is operational across the province by the end of 2007. Action 6. Ranger capacity building plan In theory, all rangers in Quang Nam should have access to appropriate training in law enforcement. Resources, however, limit what is possible so prioritisation of training should occur. A series of trainings are required as follows: 2006 1. Personnel management, enforcement plan development and monitoring Who: Provincial, district, mobile and Special-Use Forest FPD directors and vice-directors 2. Mobile unit selection course (Enforcement Ranger Basic Training Course) Who: 40 rangers x 2 3. Nature Crime Investigation Course Who: Mobile Units including heads 4. Enforcement Ranger Basic Training Course Who: Legal unit heads 5. Nature Crime Investigation Course Who: Legal unit heads 6. Enforcement Ranger – Command Course Who: Legal and mobile unit heads

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Subsequent years Teams of five from each district and Special-Use Forest should form training teams of 40 rangers. Priority should be given to rangers from districts with priority 1 FMUs for enforcement ranger trainings and those with high wildlife trade importance for nature crime trainings. Each year the following trainings should occur: Enforcement Ranger Basic Training Course x 2 Nature Crime Investigation Course x 2 Enforcement Ranger – Command Course x 1 Initially courses will be run by international experts, but over time a team of rangers will be trained to conduct courses for themselves making the approach sustainable. An addition to training that is required is the development of a training of trainers for ‘Village Protection Team’ training courses. Through this mechanism a team of district level rangers cam systematically train VPTs in effective local-level enforcement and data collection. This course will be developed in 2005 and rangers trained over 2006-2007 in the course’s delivery. Capacity building is not just about training courses, but also about creating an enabling environment for rangers to effectively conduct their duties in an efficient and safe manner. Ranger re-deployment, clear operation protocols, monitoring systems and agreed inter-departmental cooperation mechanisms are all discussed in other sections and will undoubtedly create improved operation conditions for rangers. Equipment is essential to enabling efficient, effective and safe operating conditions in addition to the above. A list of equipment required in addition to that existing or standard FPD issues is as follows:

Table 1. Equipment required by rangers to enable effective and safe patrolling

Item Number Unit cost US$

Total cost US$

Hammock 170 5 850 Mosquito net 170 3 510 Hammock rain guard 170 3 510 Sleeping bag 170 10 1,170 Machete 44 5 850 Leech socks 170 1 170 Whistle 170 0.5 85 Compass 170 3 510 Binoculars 22 70 1,540 Rain coat 170 5 850 Water bottle 170 7 1,190 Ruc sac 170 10 1,170 Torch 170 7 1,190 Handcuffs 170 10 1,170 Truncheon 170 8 1,360 GPS 22 200 4,400 First Aid kit 22 10 220 Total 17,745

6. Targets 1. All ranger leaders receive adequate training before the end of 2006 2. A capable and motivated mobile ranger force is selected and trained before the end of 2006 3. A team of FPD trainers is competently conducting courses by the end of 2007 4. A team of FPD trainers is adequately training VPTs by the end of 2006 5. All field rangers have received basic training by the end of 2007 6. Rangers in the four priority sites have received advanced training by the end of 2008 7. All rangers are adequately equipped by the end of 2007 Action 7. Inter-departmental cooperation mechanism In developing this action plan, a provincial wildlife law enforcement strengthening working group was formed and used to discuss cooperation options and current implementation systems. This informal group will be turned

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into an official provincial task force on nature crime with a remit to remove nature crime from Quang Nam. Their responsibilities will include: • Ensuring cooperation at all levels to assist in removing nature crime • Planning large cooperative enforcement campaigns • Facilitate the transfer and sharing of violator data • Develop suggestions to the People’s Committee for policy strengthening • Discuss requirements for further strengthening actions • Establishment of violation hotlines. Rangers lack power to deal with criminal prosecutions and so strong cooperation with agencies that have this power is required. The police are the most appropriate agency to cooperate with most closely. Experience from elsewhere in South East Asia shows that nature crime is more effectively reduced if there is close cooperation between rangers and police. A suggestion at this stage is that a unit is established in the police that work directly with the mobile ranger units; assisting with information gathering, joining raids and leading prosecutions. When information on criminal violations is obtained by rangers, a quick response is required involving local police. A mechanism for ensuring this level of cooperation, especially in terms of its finance is required and would be the developed by the task force. Joint patrols and enforcement action is often cost effective. For example rangers from districts on Highway 1 could join transport police in their road watches and when a vehicle is stopped and searched, they could assist with such searches and advise on violations. 7. Targets 1. Establish and obtain all necessary permissions for the formalisation of the Quang Nam Nature Crime Inter-

Departmental Task Force by the end of 2006 2. Develop and inform all levels of departments of the mechanism for cooperation on different actions by the

end of 2006 3. Rangers are regularly joining traffic police road watches on the main roads by the end of 2006 4. Form a nature crime unit within the police with four policemen assigned to the FPD mobile ranger force

before the end of 2007 5. Develop an information sharing mechanism to ensure all departments get the most out of each enforcement

action against a violator by the end of 2008. Action 8. Inter-departmental awareness campaign During discussions between cooperating enforcement departments, requests were obtained from non-FPD agencies for awareness work on wildlife crime and its importance. Information on the identification of species and their legal status was also deemed very important. Forestry-based laws such as Decrees 48, 17, 77 and 139 are not widely known or understood by non-FPD enforcement agencies resulting in many violations being passed over by non-FPD agencies. 8. Targets 1. An awareness campaign for police, transport police, market control force and boarder army is initiated in

2006 utilising posters, meetings, leaflets, workshops and training courses 2. A pocket guide to protected species of Vietnam is produced and distributed to all field enforcement agents

of all departments throughout Quang Nam by the end of 2006 3. FPD conduct nature law training for the police, transport police, market control force and boarder army from

2007 4. Head of provincial and district enforcement agencies are regularly consulted on nature crime, law and action

through meetings, workshops, letters, provincial instructions and the press. Action 9. Provincial policy strengthening National laws on nature crime are strong, but often open for some level of interpretation at the provincial level. These ambiguities require clarifying at the provincial level to assist in the presentation of a suitable deterrent to potential violators. To address this some clarification at national level is required. It is recommended that a lawyer work with the legal unit of national FPD to clarify the legal processes with subsequent training by national FPD for provincial and district legal units of Quang Nam FPD.

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Financing of enforcement action by FPD is underfinanced to the degree where such action is not possible at anywhere near the required level to present a deterrent to violators. Whilst this action plan lays out steps to increase the effectiveness of Quang Nam FPD, it can only go so far without adequate financing. The fining system must be adapted where legally possible in Quang Nam to provide three critical functions: • The provision of a deterrent to violators; currently administered fines act purely as a ‘tax’ to violators that is

too small and easily covered by gains in continued violations • Enforcement operational costs including those related to inter-departmental cooperation and the placement

of confiscated natural resources • Performance related pay for rangers so as to provide an incentive for increasing their work load to

effectively deal with nature crimes in Quang Nam. 9. Targets 1. Provincial level clarification of national laws including dissemination and training to all related departments is

built into normal operating procedures of the province. This should include clear guidelines on the administration of the maximum level of fine permitted within the law to act as an effective deterrent to potential violators

2. The systems of fining and auction of confiscated goods are adapted and made much quicker to enable rapid turn round of finances and so cover enforcement operational costs

3. The systems of fining and auction of confiscated goods are adapted to provide performance related pay to rangers and so provide an incentive for increased enforcement effort

4. Provincial level decrees or instructions on the following are required to strengthen enforcement efforts: • A total ban on hunting/logging and sale of provincial priority 1 species • A total ban on government officials and party members eating, selling, purchasing or transporting illegal

natural resources with strict penalties such as the loss of position or removal from the party if found violating this ban

• A total ban on the hunting and sale of sambar and its products.

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2. Action plan

Action Target Milestone Responsibility Partners Budget (US$) 1.1 Ranger deployment from district HQ End of 2005 District FPD Provincial FPD 1,200 1.2 5 road barriers operating effectively End of 2006

On-going District FPD Provincial FPD 500

1.3 Re-build road barriers End of 2006 Provincial FPD District FPD 10,000 1.4 Communications system End of 2006 Provincial FPD Post office, army, police ? 1.5 Mobile unit structure implemented End of 2006 Provincial FPD 115,000 2.1 Retail outlet agreements End of 2004 Provincial FPD District FPD 600 2.2 Retail agreement awareness campaign End of 2004 Provincial FPD District FPD

Telecommunications Department 500

2.3 Enforcement campaign on retail outlets End of 2005 On-going

District FPD Provincial FPD 1,000

2.4 Cessation of illegal retail End of 2006 On-going

District FPD Mobile Units

Provincial FPD Market Control Force Economic Police

5,000

2.5 Small trader campaign End of 2006 On-going

District FPD Mobile Units

Provincial FPD Economic Police

15,000

2.6 Large trader campaign On-going District FPD Mobile Units

Provincial FPD Investigation Police Economic Police

10,000

2.7 Illegal logging survey End of 2006 District FPD Provincial FPD 7,000 2.8 Confiscated animal protocol End of 2005

On-going Provincial FPD District FPD

Mobile FPD 9,000

2.9 Registration of captive animals End of 2007 Provincial FPD District FPD 5,000 2.10 Complete removal of illegal trade End of 2009 Provincial FPD District FPD

Investigation Police Economic Police Market Control Force

10,000

3.1 Patrolling SOP End of 2006 Provincial FPD WildAid 5,700 3.2 District enforcement plans End of 2008 District FPD WWF MOSAIC

WildAid 9,000

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Action Target Milestone Responsibility Partners Budget (US$) 3.3 Patrol effort increased End of 2006

On-going District FPD Mobile FPD

Provincial FPD 90,000

3.4 VPT patrolling On-going District FPD Provincial FPD 0 4.1 District level informant network End of 2005 District FPD 9,000 4.2 Mobile Units informant network End of 2006 Mobile FPD District FPD 2,500 4.3 Informant database established End of 2006 Mobile FPD WWF MOSAIC

TRAFFIC 0

4.4 Informant network operations On-going District FPD Mobile FPD

Provincial FPD 0

5.1 Patrol datasheet design and printing End of 2006 Provincial FPD WildAid WWF MOSIAC

4,000

5.2 Equipment for database management End of 2006 WWF MOSAIC 18,000 5.3 Database design and training End of 2006 WWF MOSAIC Provincial FPD

WildAid 6,000

5.4 Violation database operations Before end of 2006 Ongoing

Mobile FPD Provincial FPD District FPD

0

6.1 Ranger leader training Before end of 2006 Provincial FPD WildAid 13,500 6.2 Mobile unit selected and trained End of 2006 Provincial FPD WildAid 43,500 6.3 FPD trainers conducting courses End of 2007 Provincial FPD WildAid 20,000 6.4 FPD training VPTs End of 2006 Provincial FPD District FPD

WWF MOSIAC 14,000

6.5 All rangers have basic training End of 2007 Provincial FPD WildAid 18,000 6.6 Priority rangers have advanced training End of 2008 Provincial FPD WildAid 18,000 6.7 All rangers adequately equipped End of 2007 Provincial FPD Department of Finance 50,430

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7.1 Formalise nature crime task force End of 2006 Provincial FPD People’s Committee Task Force

0

7.2 Cooperation mechanism End of 2006 Provincial FPD Task Force 3,000 7.3 Joint operations End of 2006

On-going Provincial FPD

Traffic Police District FPD Mobile FPD

0

7.4 Police nature unit formation End of 2007 Police Provincial FPD Mobile FPD

8,000

7.5 Information sharing mechanism End of 2008 Task Force 0

Action Target Milestone Responsibility Partners Budget (US$)

8.1 Inter-departmental awareness campaign On-going Provincial FPD Task Force 5,000 8.2 Species ID guide End of 2006 WWF MOSAIC Provincial FPD 1,000 8.3 Inter-department law training On-going Provincial FPD Task Force 3,000 8.4 Enforcement communications On-going Provincial FPD Task Force 1,000 9.1 Provincial legal clarification documents On-going Provincial FPD Task Force

Provincial People’s Committee 8,000

9.2 Fining system is fast tracked End of 2006 Provincial FPD Task Force Provincial People’s Committee

0

9.3 Incentive system through fines adopted End of 2006 Provincial FPD Task Force Provincial People’s Committee

0

9.4 Provincial decrees End of 2006 On-going

Provincial FPD Task Force Provincial People’s Committee

500

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3. Detailed budget Action Activity Unit No.

Units Unit Cost Total FPD 2006 2007 2008 2009 2010

1 Increased effectiveness of ranger deployment

1.1 Road barrier upgrading Station 5 2,000 10,000 5,000 0 0 0 0 0

1.2 Increased transportation costs due to redeployment District 10 3,000 30,000 5,000 5,000 5,000 5,000 5,000 5,000

1.3 Money saved from non-manning of ranger stations Station 18 -1,600 -28,800 0 -5,760 -5,760 -5,760 -5,760 -5,760

1.4 Vehicles for new mobile force Vehicle 4 13,000 52,000 26,000 13,000 13,000 0 0 0

1.5 Vehicle maintenance Vehicle 4 2,500 10,000 5,000 1,000 1,000 1,000 1,000 1,000

1.6 Mobile force operations Year 5 10,000 50,000 25,000 5,000 5,000 5,000 5,000 5,000

1.7 Mobile force computer systems Computer 3 1,000 3,000 0 3,000 0 0 0 0

1.8 Communications system (appropriate quote to be obtained) Total 1 + + + + + + + +

2 Wildlife and timber trade operation plan

2.1 Retail agreements Document 300 2 600 600 0 0 0 0 0

2.2 Retail posters Document 1000 1 500 500 0 0 0 0 0

2.3 Timber survey Month 1 7,000 7,000 0 7,000 0 0 0 0

2.4 Informant network District 18 500 9,000 900 0 0 0 0 0

2.5 Media campaign Year 5 1,500 7,500 0 1,500 1,500 1,500 1,500 1,500

2.6 Enforcement operations Year 5 8,000 40,000 10,000 6,000 6,000 6,000 6,000 6,000

2.7 Development of protocol for dealing with confiscations Month 2 3,000 6,000 3,000 3,000 0 0 0 0

2.8 Animal registration scheme Year 5 1,000 5,000 0 2,000 2,000 1,000 0 0

3 Patrolling operational plan

3.1 District strategic enforcement plan development District 18 500 9,000 0 3,000 3,000 3,000 0 0

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3.2 Patrol standard operating procedure development Days 15 300 4,500 0 4,500 0 0 0 0

3.3 Patrol SOP printing Copies 300 4 1,200 0 1,200 0 0 0 0

3.4 Increased patrol effort Month 60 1,500 90,000 15,000 15,000 15,000 15,000 15,000 15,000

4 Informant network operational plan

4.1 Mobile unit informant network Year 5 500 2,500 0 500 500 500 500 500

5 Violation monitoring system

5.1 Datasheet printing Copies 10,000 0 4,000 0 2,000 0 2,000 0 0

5.2 Database design Month 1 3,000 3,000 0 3,000 0 0 0 0

5.3 Training for database use Month 1 3,000 3,000 0 3,000 0 0 0 0

5.4 Computer for each district District 18 1,000 18,000 0 18,000 0 0 0 0

6 Ranger capacity building plan

6.01 Field equipment (plus 3 years of maintenance) Ranger 170 123 20,910 1,165 10,000 6,745 1,000 1,000 1,000

6.02 Cameras Camera 30 80 2,400 0 2,400 0 0 0 0

6.03 Motorbikes (Honda Win) Bike 12 2,260 27,120 0 15,820 11,300 0 0 0

6.04 Training manual preparation, translation, printing Total 1 4,000 4,000 0 4,000 0 0 0 0

6.05 District leader training (WildAid) Course 1 4,500 4,500 0 4,500 0 0 0 0

6.06 Mobile Unit selection course (WildAid) Course 2 4,500 9,000 0 9,000 0 0 0 0

6.07 Nature crime (WildAid / TRAFFIC) Course 5 4,500 22,500 0 9,000 9,000 4,500 0 0

6.08 Basic training (WildAid) Course 5 4,500 22,500 0 4,500 13,500 4,500 0 0

6.09 Command course (WildAid) Course 1 4,500 4,500 0 4,500 0 0 0 0

6.10 Mobile Units on-the-job training - trade (TRAFFIC) Week 12 2,500 30,000 0 15,000 15,000 0 0 0

6.11 Refresher training (FPD) Course 20 1,000 20,000 0 0 5,000 5,000 5,000 5,000

6.12 VPT training Commune 70 200 14,000 0 2,000 3,000 3,000 3,000 3,000

6.13 Confiscated animal training Course 3 1,000 3,000 1,000 1,000 1,000 0 0 0

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7 Inter-departmental cooperation mechanism

7.1 Taskforce meetings Meeting 60 50 3,000 1,200 360 360 360 360 360

7.2 Police 'Nature Crime' unit formation and operation Year 4 2,000 8,000 0 0 2,000 2,000 2,000 2,000

8 Inter-departmental awareness campaign

8.1 Materials Output 5 1,000 5,000 0 1,000 1,000 1,000 1,000 1,000

8.2 Species identification guide Guide 1,000 1 1,000 0 1,000 0 0 0 0

8.3 Nature law training Course 10 300 3,000 0 600 600 600 600 600

8.4 Press exposure Year 5 200 1,000 0 200 200 200 200 200

9 Provincial policy strengthening

9.1 Policy meetings Meeting 10 50 500 200 60 60 60 60 60

9.2 Lawyer review Month 2 3,000 6,000 0 6,000 0 0 0 0

9.3 Law training Week 1 2,000 2,000 0 2,000 0 0 0 0

TOTAL 542,930 99,565 179,880 114,005 54,960 40,460 40,460