Wildlife Smuggling—Brazilian Arrests

Government agents in Brazil have arrested nine members of a gang that smuggled rare birds, and raided warehouses in five Brazilian states as part of Operation Trinca-Ferro.^[1] 2000 birds—including macaws, toucans, parrots, cardinals, and canaries, as well as endangered seed-finches and saltators—were seized in Brazil’s first investigation to uncover an international wildlife smuggling ring.^[2] The birds were destined for sale in Europe and the United States.^[3]

Europe is the preferred market, as a blue macaw might fetch US$30,000 (€25,293), and the birds get there by being smuggled into Argentina and Uruguay, and then shipped overseas.^[4]

Along with smuggling Brazilian birds out of the country, the gang also brought rare birds into Brazil for sale on that country’s black market.^[5] According to Fernando Falcao, the acting director of Ibama—Brazil’s environmental protections agency—“From Argentina and Uruguay, they brought back to Brazil flamingos and yellow cardinals, which are nearly extinct and worth a lot on the black market.”^[6] Mr. Falcao said that they had found animals in women’s stocking, suitcases, pipes, and bottles, and he estimated that nine animals die for each one that survive to reach market.^[7]

The nine individuals will face charges of contraband, mistreatment of wildlife, and criminal association.^[8]

Organized wildlife crime is one of the areas which Interpol considers to be a core transnational crime.^[9] The Interpol Wildlife Working Group [hereinafter IWWG] was created by various Interpol members representing several signatories to the Convention on International Trade in Endangered Species of Wild Fauna and Flora [hereinafter CITES]. According to the IWWG, the “increase in international wildlife criminal activity, coupled with trends in legal and illegal trade, reveals criminal patterns and practices which indicate that organized crime composed of various cells exists with the illegal wildlife trade.”^[10] The goal of Interpol’s efforts is to “optimise the global effort to combat environmental crimes related to wildlife and plants.”^[11] To that end, the IWWG maintains an international information exchange network; improves domestic operations through cooperation; assists in the training of wildlife enforcement officers in developing countries; encourages the integration of wildlife enforcement activities; and hosts international meetings to promote improved international communication.^[12]

In the United States, importing, exporting, selling, receiving, acquiring, or purchasing any wildlife that has been taken, possessed, transported or sold in violation of any law or regulation of any foreign law is covered by 16 U.S.C. § 3372(a)(2)(A). The punishment for violating this statute is a fine of up to US$20,000, imprisonment for up to 5 years, or both.^[13]

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[1] Peter Muello, Brazilian Police Break International Wildlife Smuggling Ring, Associated Press, Dec. 14, 2005. (Not available online)
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] See, Interpol Wildlife Working Group, Interpol—Environmental Crime, Interpol, last visited Dec. 14, 2005.
[10] Id.
[11] Id.
[12] Id.
[13] 16 U.S.C. § 3373(d)(1).