Plant Diversity Conservation in the Nepal Himalaya: Status, Policies, and Legislative Frameworks

Chaudhary, Ram P.; Joshi, Surya P.; Rimal, Sagar K.; Belbase, Narayan; Subedi, Chandra K.

doi:10.1007/978-3-031-50702-1_15

Ram P. Chaudhary⁶,
Surya P. Joshi⁷,
Sagar K. Rimal⁸,
Narayan Belbase⁹ &
…
Chandra K. Subedi⁶

Part of the book series: Plant and Vegetation ((PAVE,volume 19))

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Abstract

Plant diversity refers to the extent of genetic variability within species, the abundance of different species across all living organisms (including microscopic organisms, animals, and plants) present on our planet, and the wide array of diverse ecosystems (communities of organisms that interact with each other in a specific habitat) that exist in terrestrial, marine, and aquatic environments.

The biological classification of organisms would be considered incomplete in the absence of plant diversity. Wild species have a crucial role in supporting the livelihoods of a significant worldwide population, as they provide many benefits such as sustenance, medicinal resources, fiber, energy, income, and other necessary materials. This chapter provides an in-depth review of the philosophical as well as historical underpinnings of conservation, the current state of biodiversity, and the primary factors posing significant risks to it. Additionally, it evaluates the legal structures governing the conservation of plant diversity in Nepal while also addressing the obstacles and potential advantages associated with the implementation of these legislative frameworks. The information was collected primarily from a review of literature, both published and unpublished sources, as well as the authors’ extensive experience working at the science-policy interface. Nepal has positioned itself as a leader in this effort by actively developing and implementing legal frameworks at the country and regional levels. The majority of Nepal’s legislative frameworks for plant conservation are created by the country’s participation in international environmental agreements, such as conventions and treaties. These frameworks are further influenced by the regional geopolitical landscape, transboundary collaborations, and the national socio-ecological and political context. Nepal’s legal frameworks encompass the Constitution of Nepal, along with many statutes, policies, strategies, plans, and associated policy papers at both national and sub-national levels. In Nepal, all provinces have created acts or bills pertaining to sustainable use and conservation of biodiversity, but only a small number of rural municipalities, known as palikas in Nepali, have tackled aspects of biodiversity. Nepal’s three levels of government, as well as many people in society, need to work together and get political recognition in order to protect genetic resources, use them in a way that doesn’t harm the environment, and make sure that everyone gets a fair share of the benefits that come with them. It is recommended to utilize the legal frameworks of Nepal in order to facilitate and advance the execution of international commitments and also national policies, acts, strategies, and action plans by means of integrating them into sub-national levels. Legal frameworks relating to plant biodiversity conservation must also be formulated using traditional ecological knowledge and implemented in accordance with relevant international multilateral agreements. However, full implementation of legal frameworks in plant conservation requires sincere political commitment, mainstreaming conservation issues into relevant sectoral and cross-sectoral thematic areas, the availability of necessary financial resources, and increased collaboration, cooperation, and synergy among international and national stakeholders. This will provide opportunities for biodiversity conservation by addressing technical, environmental, social, economic, cultural, customary, governance, and institutional aspects, as well as promoting international and transboundary regional cooperation.

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Keywords

15.1 Introduction

Plant diversity refers to the extent of genetic variations within species, the presence of numerous distinct species across all living organisms (including microscopic organisms, animals, and plants) on Earth’s surface, and the existence of diverse ecosystems that encompass terrestrial, marine, and aquatic environments. These ecosystems consist of communities of organisms that coexist and interact within a specific habitat (CBD 1992). The different types of ecosystem diversity (Fig. 15.1) include environments, ecological systems, populations of organisms, geographic terrains, ecological regions, and various other related concepts.

2 photos. a. A forest with long and slender trees with sparse canopy. b. A lake with thick vegetation in the background. — **Fig. 15.1**

The biological kingdom would not be complete without plants. According to Corlett (2016), they have a unique ecological role and represent millions of years of evolutionary history. In addition, a third of all angiosperms are thought to be threatened or at risk of extinction (Pimm and Joppa 2015), including the majority of those with small ranges and locally rare species that have not yet been described. Plants face a higher level of threat compared to birds and mammals but are less endangered than amphibians (Corlett 2016).

The livelihood of humans is dependent on biodiversity. Biodiversity is a valuable asset, providing the fundamental building blocks of many ecosystem products and services as well as a healthy environment in which to live (MEA 2005; Díaz et al. 2018). The sustainable utilization of wild species holds significant importance for both human societies and the natural environment, as billions of individuals worldwide rely on and derive benefits from these species for various essential purposes such as sustenance, medicinal applications, textile production, energy generation, financial gains, and other material necessities essential to daily life (IPBES 2022; Fromentin et al. 2023).

The goal of this chapter is to present a comprehensive examination of the philosophical as well as historical underpinnings of conservation, its current state, and the challenges it faces. Additionally, it seeks to conduct a thorough evaluation of the legislative frameworks that govern biodiversity conservation in Nepal, with specific emphasis on the conservation of plant species. The entire country encompasses a comprehensive land area measuring 147,518 square kilometers, with 86% consisting of mountainous terrain and mountains, while the remaining 14% comprises low-lying plains (Chaudhary et al. 2023). The international legal framework encompasses a collection of legally enforceable agreements, including conventions and treaties among nations, to which Nepal has become a party. The country’s mandatory and coercive legal frameworks comprise a set of documents that include the constitution and legislation that are passed by the legislature, as well as laws containing regulations and rules and contracts enforced by the government. In addition, Nepal has signed several voluntary memoranda of understanding (MoU) with countries that also play an important role in conservation.

The review is based on the most significant legislative frameworks in Nepal that pertain to biodiversity status and conservation, although it does not include all legal frameworks in the nation. Using the search terms “multilateral environmental agreements+biodiversity conventions+biodiversity legal+legislative frameworks/instruments of Nepal; act+bill+policy+strategy or management+strategy or plan+action+provincial acts of Nepal,” the chapter draws heavily from a literature review (Google Scholar).

We examined at the websites of the most important government organizations in Nepal, such as the National Planning Commission (https://npc.gov.np/), the Ministry of Forests and Environment (https://www.mofe.gov.np/), the Ministry of Agriculture and Livestock Development (https://moald.gov.np/), and the various Government of Nepal (GoN) biodiversity and plant conservation-related departments, such as the Department of Forests and Soil Conservation (https://www.dofs.gov.np), the Department of National Parks and Wildlife Conservation (https://dnpwc.gov.np/en/acts/), the Department of Plant Resources (https://dpr.gov.np), the Forest Research and Training Centre (https://frtc.gov.np), and the Department of Agriculture (http://www.doanepal.gov.np/). Moreover, the chapter’s authors have substantial experience in research, teaching, biodiversity conservation, policy formulation, and policy implementation at a variety of scales. In addition, the legal frameworks of different provincial governments of Nepal were studied, including those of the Koshi Province (https://koshi.gov.np/detail/ain-kanoon); Madhesh Province (http://moitfe.p2.gov.np/wp-content/uploads/2021/06/Pradesh-ban-ain-2077); Bagmati Province (https://ocmcm.bagamati.gov.np/laws); Gandaki Province (https://mofesc.gandaki.gov.np/list/act); Lumbini Province (https://moitfe.lumbini.gov.np/); Karnali Province (http://moitfe.karnali.gov.np/act-law); and Sudurpaschim Province (http://moitfe.sudurpashchim.gov.np/ain-kanon-nirdesika). To generate and triangulate information, scholarly publications, reports, theses, dissertations, unpublished literature, etc. were all carefully reviewed.

15.2 Plant Protection: Philosophy and Historical Approach

Christopher D. Stone’s Should Trees Have Standing? Law, Morality, and the Environment, first published in 1972 in a US law magazine (Stone 1972), lays out the theoretical basis and philosophy related to the right-based solution to environmental challenges, in particular the conservation of trees. Stone (1972) argues that “it is not inevitable, nor is it wise, that natural objects should have no rights to seek redress on their own behalf. It is no answer to say that streams and forests cannot have standing because streams and forests cannot speak.” In addition, he argues that entities such as corporations, states, estates, children, incompetents (who lack the ability to speak for themselves), towns, and universities are similarly powerless to speak; instead, lawyers speak on their behalf, just as they typically do for regular people who have legal issues (Stone 1972).

Stone’s proposition was seriously considered by Justice Douglas in the Sierra Club vs. Morton case that inanimate natural objects deserve legal rights (Moore 1974). Further, Moore (1974) argues that “if our legal system fails to evolve some new approach, then the environment [including inanimate trees or forests] upon which humankind depends for existence may be so deleteriously affected that there will be no need for a legal system” (p. 675).

The preservation of nature has received more attention recently. The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) conceptual framework encompasses three primary elements: the conservation of natural environments, the benefits derived by individuals from these environments, and the facilitation of an elevated quality of life (IPBES 2019). In the study by Díaz et al. (2018), the term “nature” within the context of the IPBES is defined as the entire natural environment, with particular emphasis on the wide variety of living organisms and their interrelationships with one another and their surrounding habitats. But until recently, large groups of invertebrates and lower groups of plant species, including cryptogams, have not received as much attention from conservationists as large mammals, birds, vascular plants, and, to a lesser extent, butterflies (Nilsson and Ericson 1992). According to Nilsson and Ericson (1992), zoologists’ main concerns in the 1950s and 1960s were pesticides’ impact on animals and the hunting and harvesting of wild animals.

15.2.1 Historical Perspective on Nepal’s Plant Protection

The establishment of protected areas (PAs) in Nepal during the early 1970s aimed to conserve endangered wildlife, thereby laying the groundwork for biodiversity conservation (Bajracharya et al. 2015; DNPWC 2022). In 1973, Chitwan National Park became the pioneer in protecting the greater one-horned rhino (Rhinoceros unicornis). Currently, there are a collective total of 20 protected area system (PAs) within its territorial boundaries. The protected area system (PAs) encompasses a total of 12 national parks, 1 hunting reserve, 1 wildlife reserve, 6 conservation areas, and 13 buffer zones that surround the PAs (Fig. 15.2). According to the Department of National Parks and Wildlife Conservation (DNPWC) (2022), the coverage of these areas accounts for approximately 23.39% of the total land area of the country. The DNPWC serves as the governing body accountable for protected area management in Nepal, and its primary responsibilities include management of wildlife habitat, conservation of species within the PAs, conservation education, research and monitoring, wildlife crime control, and law enforcement (DNPWC 2022).

A map of Nepal highlights province headquarters, National Zoological Garden, Bhanubhakta Zoological Garden, national parks, wildlife reserves, hunting reserves, conservation areas, buffer zones, high Himalaya, high mountain, middle mountain, Siwalik, and Terai. — **Fig. 15.2**

Over the past 50 years, the department has made considerable advancements in managing PAs. Since the 1990s, it has also seen a paradigm shift in conservation methods, moving from strict species conservation (mainly of animals) to comprehensive ecosystem-based conservation through participatory conservation. The department has declared the surrounding areas of parks and reserves as buffer zones. During the early 2000s, Nepal implemented a landscape-level conservation strategy and officially designated the Terai [Tarai] Arc Landscape (TAL) as its first conservation landscape (DNPWC 2022). As of 2018, Nepal possesses a total of six conservation landscapes, collectively encompassing over 88% of the nation’s land mass. Some of these landscapes are transboundary in nature and are managed in partnership with Nepal’s neighbors (Bhutan, China, and India) (MoFE 2018).

Early PAs conservation efforts were primarily centered on the rigorous protection of charismatic species through the use of armed force to prevent unlawful activity in the protected areas (Maskey 1997). In the 1980s, a progressive shift in Nepal’s conservation paradigm from species-level to landscape-level management was implemented by encouraging a high degree of local community involvement in PAs (Bajracharya et al. 2015). Landscape-level planning and conservation were specifically mentioned in the Nepal [National] Biodiversity Strategies of 2002 (HMGN/MFSC 2002) and 2014 (GoN/MoFSC 2014) as a major strategic direction for biodiversity conservation in Nepal (Bajracharya et al. 2015).

Nepal offers a diverse range of habitats within its PAs to safeguard endangered and important plant species in their natural environment (Fig. 15.3a-z). For instance, Langtang National Park and Manaslu Conservation Area provide refuge for the endangered Larix potaninii. Meanwhile, Makalu-Barun National Park is home to various plant species like Rhododendron, Tetracentron sinense, and Gnetum montanum. Similarly, Shuklaphanta Wildlife Reserve safeguards healthy populations of valuable and threatened timber species, including Pterocarpus marsupium, while Parsa National Park protects Dalbergia latifolia, Dalbergia sissoo, and Senegalia catechu, as documented by Chaudhary (1998).

26 photos. b. Bombax ceiba tree with only flowers. e. A Dactylorhiza hatagirea plant with flower. g. A cluster of pods of Dalbergia sissoo. i. A row of Euphorbia royleana cactus. l. A cluster of Juglans regia fruits. r. A Dendrobium densiflorum flower bunch. t. A Podophyllum hexandrum flower. — **Fig. 15.3**

According to the results of a 2010 study by Shrestha and colleagues, Nepal’s network of protected areas is crucial for maintaining the natural habitat for a sizable portion of the country’s flora and fauna. This comprises 32.5% of Nepal’s endemic plant species, 39.6% of its angiosperm species, 84.53% of its mammalian species, 95.73% of its avian species, and 70.59% of its reptilian species (Shrestha et al. 2010).

In addition to its protected areas, Nepal possesses a diverse array of biodiversity that is effectively governed through a range of forest managing approaches, such as the community-based forest administration system. These include forest conservation area,^{Footnote 1} community forest, collaborative forest, leasehold forest, biological corridors, and environment protection area.

15.3 Status and Major Threats

Globally, the precise number of plant species is unknown. According to Corlett (2016), for all terrestrial plants, there are around 450,000–500,000 species, of which 10–20% (50,000–100,000 species) are still unknown to science (Pimm and Joppa 2015). Recent estimates for the number of species of gymnosperms are 1079 (Christenhusz and Byng 2016), ferns and fern allies are 13,777 (Hassler 2023), and bryophytes (including liverworts, hornworts, and mosses) are 21,950 (Crandall-Stotler and Stotler 2000; Villarreal et al. 2010; Cox et al. 2014). The identification of algae species has yielded a total count of 44,000 (Guiry 2012; Christenhusz and Byng 2016). In comparison, the identification of fungal species has resulted in the identification of 151,273 species (Bhunjun et al. 2022), which is a significantly higher number. It is worth noting that these figures represent only a fraction of the estimated 2.2–3.8 million fungi species (Hawksworth et al. 2017). Particularly lower taxonomic groups, which make up a sizable share of all species worldwide, remain unknown to science.

According to Stainton (1972), Nepal is home to a diverse range of forests, with up to 35 distinct types identified. Additionally, Dobremez (1970, 1976) has documented the presence of 118 unique ecosystems in the country. Based on climatic zones, altitudinal gradient, humidity types, types of plant life and associated structures, and human effects, Miehe et al. (2015) reviewed and characterized 55 forest and vegetation types in Nepal.

Despite making up only 0.09% of the world’s land area (HMGN/MFSC 2002), Nepal has a disproportionately high species diversity (MoFE 2018). There is no current estimate of the overall number of plant species in Nepal across all groupings. The number of species or taxa (species and infraspecies), according to several sources, including cross-references (also listed in Shrestha et al. 2022), is as follows: algae 998 (Rai and Ghimire 2020) to 1001 (Prasad 2013); fungi 2182 (Kost and Adhikari 2015) to 2467 (Adhikari 2016); lichens 1078 (Baniya et al. 2022); bryophytes 1217 (including 11 species of hornworts, 435 species of liverworts, and 771 species of mosses) (Pradhan 2020); and pteridophytes 583 taxa (550 species and 33 subspecies) (Fraser-Jenkins et al. 2015; Kandel 2020). A contemporary account of a checklist of gymnosperms and angiosperms has been published by Shrestha et al. (2022). The book reveals a checklist of 49 taxa (24 natives; 23 exotic, planted or cultivated, species; and 2 infraspecies) of gymnosperms. Shrestha et al. (2022) also gave an updated account of a checklist of angiosperms, comprising 5820 native taxa (comprising 5606 species and 214 infraspecies), 549 exotic-planted/cultivated taxa (536 species and 13 infraspecies), and 266 taxa of uncertain status (240 species and 26 infraspecies). After calculation, the number of taxa belonging to angiosperms is 6635 (6382 species and 253 infraspecies). Therefore, Nepal’s total plant taxonomic number, including species and infraspecies, is reported to be between 12,742 and 13,030 taxa.

15.3.1 Protected and Threatened Plant Species

15.3.1.1 The Protected Plant Species in Nepal

The Government of Nepal has banned the export of 19 plant species (Table 15.1).

Table 15.1 Protected Plant species in Nepal

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15.3.1.2 CITES Threatened Plant Species of Nepal

Since 1975, Nepal has been a member of CITES, which is known more formally as the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The CITES is an international agreement between countries (parties) that aims to safeguard biodiversity by guaranteeing that the trade of endangered plant and animal species does not threaten the species’ ability to continue existing in their natural habitat. The agreement encompasses three distinct forms of protection, as outlined in Appendices I, II, and III. Species that face the risk of extinction and are susceptible to the impacts of trade are classified under Appendix I. Species that are not in danger of going extinct right now but have the potential to become so if trade in their specimens is not regulated to prevent utilization that is incompatible with their survival are categorized under Appendix II. Lastly, species that are protected in at least one country and have sought assistance from other CITES Parties to control their trade are listed under Appendix III.

According to the findings of this study, Nepal has a recorded total of 516 plant species classified under CITES. These species are categorized as follows: 2 species are included in Appendix I, 510 species are in Appendix II, and 4 species are in Appendix III (Table 15.2).

Table 15.2 The plant species of Nepal that are listed under CITES

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15.3.2 Major Threats to Plant Diversity

The rate of biodiversity loss is higher than it has ever been in human history. An alarming situation was stated by the IPBES that an average of around 25% of biodiversity, or approximately one million species of animal and plant groups, is threatened and will face extinction in the near future, many within decades, unless serious actions are undertaken to reduce the intensity of both natural and anthropogenic drivers of biodiversity loss (IPBES 2019).

Pimm and Joppa (2015) and Corlett (2016) discussed the main threats to plant diversity around the world. The primary concern for plant diversity lies in the significant threat posed by the loss of habitats as well as the subsequent processes of fragmentation and degradation. This issue is especially serious in tropical regions. This is because it leads to the conversion of forests to pastureland and commercial crop monoculture (ter Steege et al. 2015). Overexploitation of whole plants or plant parts for timber, medicine, and trade is the biggest threat to plant species. Species-specific threats include many cacti and orchids for the horticultural trade. The major threats to plant diversity in the world include invasive species, air pollution, nitrogen deposition, and global warming (Corlett 2016). With the aim of mitigating the ongoing worldwide phenomenon of biodiversity decline, it is imperative to prioritize the implementation of sustainable harvesting practices in the utilization of wild species while concurrently ceasing activities that lead to their overexploitation (IPBES 2022).

The most urgent threats to Nepal’s biodiversity are a combination of direct and indirect factors that affect a variety of habitats (forests, wetlands, grasslands, mountains, etc.) as well as biodiversity levels (genes, species, and ecosystems). These include a high reliance on forests, wetlands, and grasslands, as well as unsustainable harvesting methods, illicit logging, infrastructure development, forest fires, and natural disasters, as well as encroachment, overgrazing, poor governance, and unclear policy. Significant immediate effects of deforestation include lower supplies of fodder and leaf litter for those living nearby, as well as a rise in fuel-wood scarcity. Deforestation additionally creates unexpected risks such as erosion, landslides, and lowland floods. In publications by Chaudhary et al. (2016a, 2016b, 2020, 2023) and in the national report published by MoFE (2018), deforestation issues, their causes, consequences, and responses are well reviewed. The major threats to biodiversity in Nepal at different levels of biodiversity across sub-national (province/local) levels are assessed at ecosystem (forest types, safeguarded protected areas, wetlands, agrobiodiversity, rangelands, and mountain ecosystems), species, and gene levels (MoFE 2018; Chaudhary et al. 2020). The forest ecosystem has several significant issues, including habitat degradation and deforestation, illicit hunting and the unlawful trafficking of wildlife, conflicts between humans and wildlife, the invasion of non-native plant species, and the prevalence of forest fires. Threats to the protected area system (PAs) include poaching, grazing, illicit logging, and, in some PAs, unrestricted tourism. Similar problems for Nepal’s rangeland environment, in particular in the middle hills and high Himalaya, include overgrazing and invasive alien plant species (IAPs) invasion. Human encroachment, overfishing, pollution, illegal bird hunting and trapping, gravel mining on a large scale, and other wildlife invasions by IAPs are also major threats to the wetland ecology. Agrobiodiversity is most threatened by the decline of traditional practices, improper use of pesticides, land conversion to non-farming purposes, the absence of incentives to protect local crop landraces, and crop wild relatives. Poaching and overharvesting of plant species, climate change, changes in land use, and the continuous construction of unplanned and unregulated rural roads pose threats to Nepal’s mountain ecosystems. The overutilization of timber and non-timber forest products (NTFPs), in addition to the arrival of IAPs, poses a considerable threat to the decline of many species. The primary obstacles faced by genetic resources, such as Oryza sativa subsp. japonica, commonly referred to as Jumli Marshi (Fig. 15.4), in the freezing mountain regions of west Nepal are the depletion of native landraces and wild relatives and susceptibility to pests and diseases.

A photo of a group of people standing in the waterbody and uprooting grasses. Bundles of grasses are tied and kept in a row. — **Fig. 15.4**

Threats to Nepal’s biodiversity also include transboundary smuggling of timber forest products across the Nepal-India and Nepal-China borders. The price of timber in India (Chaudhary et al. 2016a) and China is a driving force behind smugglers’ motivation to export timber from Nepal (Chaudhary et al. 2016b, 2023). Illegal cross-border trafficking in NTFPs, particularly medicinal plants with considerable economic potential, is also common in Nepal. As an illustration, the illicit trade of NTFPs encompasses plant species that are in the Appendices of CITES, such as orchids and Taxus wallichiana, among others, originating from the Kangchenjunga Landscape (Uprety et al. 2016). Political turbulence and societal disappointment have made illegal timber and non-timber forest product harvesting even worse (Uprety et al. 2016).

15.4 Legislative Frameworks

International agreements and accords to which Nepal is a party have the most influence on Nepal’s legislative frameworks pertaining to plant conservation. The national social-ecological and political context and the regional geopolitical landscape and transboundary cooperation initiatives all influence these frameworks.

15.4.1 Multilateral Environmental Agreements (MEAs)

Multilateral environmental agreements (MEAs) are internationally recognized legal instruments that aim to foster and enhance global collaboration in addressing the prevailing environmental issues confronting the international community. The MEAs are established through a process of negotiation and consensus among the United Nations’ members. Subsequently, it is the duty of each member state to undertake the requisite measures to execute the agreed-upon provisions of the respective agreement within their national jurisdiction. Nepal has demonstrated its commitment to various international multilateral environmental agreements pertaining to biological diversity, encompassing plant protection and the broader environmental domain. Belbase and Thapa (2007) assert that the MEAs incorporate provisions that mandate the long-term utilization of natural assets and biodiversity, the equitable sharing of benefits, and the active involvement of the public.

15.4.1.1 The Ramsar Convention, Formally Known as the Convention on Wetlands of International Importance Especially as Waterfowl Habitats, 1971

The Convention on Wetlands acknowledges the interconnectedness between human beings and the environment, establishing a structure for the development of enduring national strategies and collaborative global efforts aimed at safeguarding wetlands, promoting their sustainable utilization, and preserving their biological assets. The treaty addresses the fundamental biological functions of wetlands, which include their significance in regulating water regimes and providing habitats for distinctive plant and animal species, particularly waterfowl (UNESCO 1971). The convention encompasses all aspects pertaining to the conservation and optimal exploitation of wetlands. There is a need to identify wetland sites of national and worldwide significance in the Nepal Himalaya region in order to prioritize conservation measures, with a specific focus on preserving the biodiversity of high-altitude wetlands (HMGN/MFSC 2002).

15.4.1.2 World Heritage Convention (WHC), 1972

The primary objective of the World Heritage Convention (WHC) is to ascertain and protect a global natural as well as cultural legacy that holds exceptional value for all individuals, encompassing both current and future generations. It prepares a list of sites with outstanding values that should be preserved in order to secure their protection through increased international cooperation (UNESCO 1972). The Convention underlines the basic need to maintain balance between human beings and nature by acknowledging how they interact with one another.

According to Article 5 of the convention, signatory nations have an obligation to implement appropriate measures in order to safeguard, preserve, and maintain the cultural and natural assets located within their jurisdiction. The 1972 WHC is widely recognized as a significant UNESCO endeavor that set the standard for conservation, including agreements, instruments, networks, and conservation initiatives (Rodwell 2012).

As of May 2024, there were 1159 World Heritage Sites (WHS), including 48 transboundary sites, spread across 168 nations. Of them, 933 were cultural, 227 were natural, and 39 were mixed properties (UNESCO 2024). Sagarmatha National Park, east Nepal, and Chitwan National Park, central Nepal, are two of Nepal’s natural WHS, whereas Lumbini, the Lord Buddha’s birthplace, and Kathmandu Valley are two of its cultural WHS.

15.4.1.3 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 1973

CITES was implemented on July 1, 1975. Nepal signed the convention on September 16, 1975. The convention ensures that the trading of wild animal and plant specimens on an international scale does not pose a threat to their continued existence in their respective natural habitats. More than 40,900 species, including about 6610 animal and 34,310 plant species, are protected to varying degrees by the Convention through its three appendices (CITES 1973; CITES 2023). They also include some whole animal and plant groups, including cacti and orchids.

15.4.1.4 Convention on the Conservation of Migratory Species of Wild Animals (CMS), 1979

The CMS, synonymously named the Bonn Convention, is a global agreement that seeks to protect and effectively manage migratory, terrestrial, marine, and bird species across their entire range. The parties involved in CMS dedicate their endeavors towards the preservation of migratory species and their habitats, encompassing both terrestrial and aquatic plants. Conservation of habitat involves a series of measures, as outlined by CMS in 1979 (CMS 1979). These measures encompass the implementation of stringent protective measures for the species, the establishment of regional multilateral agreements, and the allocation of resources towards research and conservation endeavors.

15.4.1.5 Convention on Biological Diversity (CBD), 1992 and Post-2020 (COP-15)

CBD was introduced during the 1992 Rio Earth Summit and was made available for signing on June 5, 1992. Since then, 196 participating nations have signed it. Following its acceptance by the parliament of Nepal on November 23, 1993, CBD was officially implemented on February 21, 1994 (HMGN 1994). The objective is to protect the biodiversity of living organisms, ensure the sustainable usage of biological resources, and promote the just and equitable distribution of benefits derived from the utilization of genetic resources across various ecosystems, species, and genetic resources (CBD 1992).

Two additional agreements that complement CBD are the Nagoya Protocol, which 135 parties have approved, and the Cartagena Protocol, which 13 parties have ratified. The 15th Conference of Parties (COP) of the United Nations CBD, which took place in Montreal, resulted in the establishment of the “Kunming-Montreal Global Biodiversity Framework” (GBF). This framework aims to accomplish the 2050 Vision for Biodiversity by 2030 (CBD 2022a).

The following information addresses the objectives and purposes of species conservation. Assuring genetic variety in both wild and domesticated populations, decreasing extinction rates, stopping human-caused extinction, and increasing the quantity of native wild species are the main objectives of Goal A of the structure, which aims to conserve the world’s biodiversity by 2050. Goal B prioritizes sustainable biodiversity management and the value of nature, while Goal C ensures equitable genetic resource sharing and traditional knowledge preservation. Goal D focuses on implementing the Kunming-Montreal GBF, which involves financial resources, capacity-building, and scientific cooperation for developing countries.

Targets 1 through 8 of the 2030 global targets center on lowering threats to biodiversity. Targets 9 through 13 deal with achieving human necessities through sustainable use, while Targets 14 through 23 deal with putting tools and solutions for the protection of biodiversity into practice.

Target 1 aims to manage high-biodiversity areas effectively under participatory integrated management, with a target of zero by 2030. Targets 2 and 3 seek to use ecologically representative protected area systems and conservation strategies to repair at least 30% of ecosystems that are degraded and 30% of land. Target 4 focuses on halting human-induced extinction of threatened species, reducing extinction risk, and maintaining genetic diversity. Target 5 guarantees the sustainable, safe, and authorized use of wild species, while Target 6 focuses on reducing the effects of invasive alien species on biodiversity and ecosystem amenities. Reducing pollution hazards is the main goal of Target 7, and enhancing biodiversity’s resilience via adaptation, reduction, nature-based solutions, catastrophe risk minimization, and ecosystem-based approaches is the main goal of Target 8. Currently, 17% of the world’s terrestrial areas is under protection, whereas Nepal’s protected area system (PAs) covers 23.39% of the country’s land (DNPWC 2022). Target 9 pertains to the management of wild species in a sustainable manner, with the aim of yielding advantages for populations who are vulnerable, as well as advocating for the sustainable utilization of these resources by indigenous peoples and local communities (IPLCs). Target 10 is aimed at promoting the preservation and rehabilitation of biodiversity within the fields of agriculture, aquaculture, fisheries, and forestry. These goals are designed to enhance the overall functionality and provision of ecosystem services. Target 11 pertains to the restoration of nature’s contributions, whereas Target 12 places emphasis on the establishment and maintenance of sustainable green and blue spaces within urban environments. Target 13 is to make sure that the benefits of using genetic resources and traditional knowledge are shared fairly and justly. This can be done through administrative, legal, policy, and capacity-building actions.

The main goal of Target 14 is to make it easier for biodiversity to be taken into account in many different areas and to make sure that its value is properly reflected in laws, rules, and planning processes. Targets 15 and 16 address sustainable production and consumption patterns, promote equitable global consumption, and reduce the global footprint. Target 17 emphasizes biosafety measures and biotechnology handling. By 2025, Target 18 seeks to identify, eliminate, or modify unfavorable incentives for biodiversity protection. Target 19 places a strong emphasis on raising the financial sector’s level from various sources in a rapid, efficient, and easily accessible manner. Target 20 deals with the transfer and availability of technology, with an emphasis on successful application in developing nations. In order to promote equitable governance and integrated biodiversity management, Target 21 makes sure that knowledge, data, and information are available to practitioners, decision-makers, and the general public. In order to protect environmental human rights defenders and promote biodiversity, Targets 22 and 23 place a strong emphasis on gender-responsive representation and meaningful involvement, and there must be leadership at all stages of decision-making.

15.4.1.6 Global Strategy for Plant Conservation (GSPC), 2002

The parties of the CBD adopted GSPC in 2002 (CBD 2002). It comprises 16 targets and 5 objectives. After that, it was modified and rewritten in 2010, with 2020 as the target achievement year. The GSPC encompasses five primary objectives. These objectives include the documentation, comprehension, and acknowledgment of plant diversity. Additionally, the GSPC aims to conserve plant diversity in a prompt and efficient manner. Furthermore, the sustainable and equitable utilization of plant diversity is emphasized. The GSPC also seeks to raise awareness and provide education regarding the variety and variability of plants, putting the focus on how important it is for all living things on Earth and for healthy livelihoods. Lastly, the GSPC aims to implement and enhance its strategy by bolstering capacity and mandating public engagement (MoFE 2018).

The GSPC has two main aims. Firstly, it is aimed at evaluating the status of plant species worldwide by 2020. Secondly, it aims to ensure that a minimum of 75% of endangered species are preserved in their own habitats, also known as in situ conservation (Muñoz-Rodríguez et al. 2016). The incorporation of GSPC into Nepal’s National Biodiversity Strategy and Action Plan, 2014–2020, has been observed. Nevertheless, the integration of a designated plant conservation program into national biodiversity strategies has yet to be realized. According to Sharrock and Jackson (2016), the omission of GSPC targets in national biodiversity reports is widespread.

Government-led biodiversity conservation efforts tend to prioritize higher taxonomic categories of animals, specifically fauna, under the global protected area system. In Nepal, a comparable practice has also been observed, with current attempts placing a higher priority on the conservation of larger animal species. The majority of research activities focused on plant conservation are mostly conducted in the academic sector. The GSPC has been weakly recognized and implemented in Nepal, and plant species are not given serious consideration in the broader biodiversity and sustainability debate at the national level. The preliminary assessment for GSPC targets shows that Nepal has yet to make sincere efforts to achieve targets at the national level that were targeted to be achieved by 2020 (MoFE 2018).

15.4.2 National Legislative Frameworks

Nepal is at the forefront of formulating legal frameworks and implementing them at the national level.

15.4.2.1 Constitution of Nepal, 2015

Nepal’s 2015 Constitution establishes the country’s administrative framework and the rules about how its natural resources can be used and outlines the rights as well as responsibilities of its citizens in Part 3. It also covers environmental protection and biodiversity conservation (CAS 2015). Initiating infrastructure development (Articles 59, 4 & 5; Articles 250 & 251; and Article 279) and guaranteeing sufficient forest cover for ecological equilibrium (Article 51, g 6) are two basic ways the Constitution attempts to find a middle ground between development and conservation. It also creates a legal framework for striking this balance and protects everyone’s basic right to live in a healthy and safe place (Article 30.1). Every citizen has a fundamental right to a clean and healthy environment. It ensures that the state prioritizes conservation and maintains healthy ecosystems and diverse wildlife. It is this right that safeguards the environment for generations to come by halting the loss of natural resources, including wetlands, rivers, rivulets, plants, and animals (Belbase 2010).

The Government of Nepal has explicit obligations to safeguard the environment and biodiversity, as stated in Article 51. Article 51(g) of the Constitution pertains to the preservation, administration, and utilization of natural assets.

According to the Constitution, it is mandated that the state must develop or adhere to specific policies pertaining to the preservation, promotion, and efficient use of natural assets:

Support the long-term use of the country’s natural assets for the benefit of the country. This is achieved by incorporating the principle of intergenerational equality and sharing the outcomes in a fair manner. Local communities are given priority and preference in this process, as stated in Article 51(g)(1);
Maintain, encourage, and use forests, fauna, flora, and biodiversity in a way that doesn’t harm them. This can be achieved by increasing public awareness regarding environmental hygiene and mitigating the adverse impacts of industrial and physical development activities on the natural environment, as stated in Article 51(g)(5);
Take appropriate action to remove or limit negative effects when there are or are likely to be detrimental effects on biological diversity, the environment, or nature (Article 51(g)(7)); and
Take on board ecologically sound development ideas like the polluting party pays principle, the rule of prevention, and a prior notification agreement (Article 51(g)(8)).

Nepal’s state policies aim to protect and promote traditional medicinal systems like Ayurveda, natural medicines, and homeopathy (Article 51(h7)). Politicians at all three levels of government need to put these plans into action. Nepal’s Constitution says that the Government of Nepal (GoN) has to give a yearly report on state policies, but the GoN doesn’t really put these policies into action. The Nepal Constitution, specifically under Article 59(4 & 5), stipulates the requirement for the fair allocation of advantages arising from the utilization or advancement of natural resources among three governing bodies. It is imperative to allocate a share of resources in the form of royalties, services, or goods to areas, and local populations that have been impacted.

The Constitution has delineated the respective powers of the three governmental levels. The federal government possesses authority over various domains, such as the management of both national and international environments, the formulation of national forest policies, and the oversight of national parks, hunting reserves, wildlife reserves, wetlands, and carbon services, as outlined in Schedule 5. Provincial governments have power over the management of the environment and the use of forests and water bodies within their respective provinces (Schedule 6). Federal and provincial governments have concurrent powers to utilize mountains, forests, forest conservation areas, and interstate water bodies (Schedule 7). Local governments have exclusive powers to protect biodiversity, the environment, watersheds, and wildlife (Schedules 8 and 9). The Constitution’s Article 232(2) says that the relationships between the central, provincial, and local levels must be founded on the values of collaboration, coordination, and shared existence. This means that there needs to be a good way to coordinate efforts and mutual respect in order to turn constitutional mandates into plans, policies, and laws.

The 2015 Nepal’s Constitution does not address customary law. State policies, such as Article 51(j8), aim to involve indigenous nationalities in decision-making by providing opportunities and benefits. However, these provisions do not adequately recognize customary law.

15.4.2.2 Act and Bill

The term ‘Act’ refers to a formal decision, law, or decree that is endorsed by the respective legislature, such as the Parliament or State Legislative Assembly. The term ‘Bill’ refers to proposed legislation (a draft, or tentative version, of what might become part of the written law) that is being considered by a legislature. It is a draft or tentative outline of what could be included in the written law. The legislature must pass a bill before it becomes a law, and the administration must typically also provide its approval.

15.4.2.2.1 Nepal Treaties Act, 1990

The Nepal Treaties Act, 1990 (HMGN 1990) also applies to international memoranda of understandings, like MEAs. According to Belbase and Thapa (2007), the Act specifically recognizes that international agreements take precedence over national laws. It also mandates that legislation be drafted at the national level in a way that is consistent with MEAs. In cases where a treaty’s provisions and an existing law contradict each other, the treaty’s provisions should, to the extent of the inconsistencies, have priority (Section 9(1)). Despite the above statutory requirements, implementation of the provisions of the MEAs at the national level has remained inadequate. The government has yet to fully implement the requisite legislation. The recognition and maintenance of the supremacy of MEAs above national legislation have been lacking. Nevertheless, although not explicitly created for the purpose of fulfilling Nepal’s commitments under the several MEAs, certain legislation currently in force does align with these duties. The Forest Act (2019) and the National Parks and Wildlife Conservation Act (1973) incorporate various provisions that align with the stipulations outlined in the Convention on Biological Diversity and the Ramsar Convention. Nevertheless, certain significant provisions, such as those pertaining to getting hold of genetic resources and the reasonable distribution of benefits as outlined in the Nagoya Protocol, have not been given due attention thus far.

15.4.2.3 Sector-Specific Acts at the National Level

15.4.2.3.1 National Parks and Wildlife Conservation Act, 1973

The legislation establishes a legislative framework for the preservation and regulation of natural habitats and biodiversity. Section 3(1) of the Act (HMGN 1973) grants the government the authority to establish and oversee various classifications of protected areas with the aim of preserving biodiversity (for details, see Sect. 15.2.1). Likewise, it has the authority to designate any region surrounding a national park or wildlife reserve as a buffer zone through an official announcement published in the Nepal Gazette (Section 3A). As stated in Section 5, people are not allowed to do certain things inside national parks or reserves unless they have permission from a designated officer. These things include hunting animals, building homes or other buildings, cutting down trees or cultivating plants, harvesting crops, letting pets graze or drink, burning, logging, destroying forest resources, and mining.

The legislation provides safety to a total of 26 mammal species, 3 reptile species, and 9 bird species. These species are on the list of wildlife that Section 10 of the legislation protects. Ironically, this list has remained unchanged for the past half century since the Act was enacted, and no protection has been extended to wild plant life. The Act defines wildlife but inexplicably omits any definition of plants, as if plants and trees within protected areas hold no significance or value.

While this Act was highly effective in the past, it has given rise to various conflicts between protected areas and local communities. The conflicts at hand encompass various incidents, including the untimely demise of human lives and cattle to carnivorous attackers, the limitations imposed by park regulations on animal grazing and forest product collection by local villagers, the detrimental impact on agricultural crops caused by herbivores, and the limited involvement of buffer zone societies in managing protected areas and governance. These issues have generated resentment towards protected areas and have led to polarized public opinions, including the views of certain independent professionals.

One significant drawback of the Act was its historical deficiency in integrating avenues for community engagement in the administration of conservation areas. This shortcoming has been partially addressed by introducing the concept of buffer zones through an amendment to the Act in 1993. Nevertheless, there continues to be a need and opportunity for further enhancement in the administration of protected areas through increased participation of local residents in the governance of national parks and wildlife reserves. It is of utmost importance that the Ministry of Forests and Environment conduct a thorough evaluation of the then-prevailing Act and institute measures for the endorsement of novel legislation, thereby replacing the antiquated Act that has been in effect for half a century. Additionally, it is crucial to extend protection to key plant species.

The Himalaya National Parks Rules of 1979 were promulgated in accordance with Section 33 of the National Parks and Wildlife Conservation Act of 1973 (NLC 1979). Similarly, the Khaptad National Park Rules of 1987 have been specifically formulated for Khaptad National Park, as stated in the National Parks and Wildlife Conservation Act of 1979. Both regulations ban the intentional use of fire by humans to cause harm to the plants and other vegetation within or outside the park, as well as in any other manner. One of the most important clauses in the Rules allows locals to engage in animal husbandry activities in specific park areas that the park warden designates. The implementation of this approach has been effectively carried out for several decades within Khaptad National Park in Nepal, which encompasses numerous pasture lands commonly referred to as “Patan.”

The practice of livestock grazing has been found to contribute to an elevated rate of weed invasion. However, it is important to note that the absence of grazing does not necessarily safeguard land from weed infestation, as observed in western Canada (Frost and Launchbaugh 2003). One notable advantage is that grazing animals, when managed appropriately, have the ability to efficiently and sustainably regulate undesired plant species, including invasive alien plant species. This contributes to the enhancement of pasture quality (Frost and Launchbaugh 2003). The investigation of extended social-ecological monitoring has the potential to unveil the ramifications of grazing activities on the proliferation of invasive alien plant species within the confines of Khaptad National Park.

15.4.2.3.2 Soil and Watershed Conservation Act, 1982

This act (amended in 2016) aims to manage watersheds and biodiversity effectively (HMGN 1982). It defines a land use system as the long-term use of land without causing damage or destroying its physical and chemical qualities (Section 2(c)). The Government of Nepal has the authority to designate any region as a preserved watershed area in order to protect biodiversity, as stated in Section 3.1 of the Act. In Section 4 of the Act, it also envisages that the watershed conservation officer can implement measures such as waterworks, afforestation, vegetation planting, forest protection, and crop cultivation to support forests and manage Nepal’s catchment effectively (HMGN 1982). Still, the community isn’t involved enough in making decisions, and there isn’t a single watershed that has been protected.

15.4.2.3.3 CITES Act, 2017

The primary objective of the Act is to save specific species of wild fauna and flora from excessive exploitation, taking into consideration economic, aesthetically pleasing, cultural, scientific, and recreational perspectives. Additionally, the Act seeks to address the issue of vulnerable species facing extinction by means of regulating and controlling international commerce. This legislation forbids the buying, selling, owning, employing, planting, breeding, keeping in captivity, transporting, importing, exporting, or instigating any such actions involving endangered or vulnerable wildlife or plant species or any specimens thereof (Section 3(1)). However, it is permissible to engage in these activities with threatened or vulnerable wildlife or plant species, or their specimens, provided that one obtains a license as outlined in Section 6 and adheres to the specified terms and conditions (Section 3(2)). In Nepal, the DNPWC and the Department of Forests and Soil Conservation (DoFSC) are designated as management authorities, respectively, in relation to wildlife and plants and their specimens (Section 16(1)). The Department of Plant Resources, Government of Nepal, and Natural History Museum, Tribhuvan University, are scientific authorities, respectively, for plant and plant specimens and wildlife and their specimens (Section 18(1)). One of the most important aspects of the Act is that it provides equal protection to endangered, vulnerable, and threatened wild fauna or flora and their specimens (MoFSC 2017).

15.4.2.3.4 Forest Act, 2019

The Forest Act of 1992 is superseded by the Forest Act, 2019, which has been formulated to conform to the principles of the federal system of administration as delineated by the Ministry of Forests and Environment in 2019. According to Section 2(q) of the Act, a forest is delineated as a geographical region that exhibits either complete or partial coverage of arboreal vegetation. The Act also provides a definition for forest products, encompassing various materials such as timber (wood) products, non-timber forest products, boulders, soils, river resources, and mineral substances found within or brought from the forest. The legislation encompasses many regulations pertaining to the governance and administration of forests owned by the government, including protected, community, leasehold, religious or spiritual, collaborative, and national forests falling within the province or interprovincial forest category. The Act acknowledges the importance of environmental services provided by forest ecosystems, such as biodiversity preservation, carbon sequestration, the hydrological cycle, ecotourism (referred to as nature tourism), and the associated benefits derived from them (Section 2). Additionally, it introduces the concept of establishing a forest development fund (FDF) aimed at conserving forests (Section 45).

In order to safeguard national forests, the Act explicitly prohibits activities like tree or plant cutting, branch trimming, and rosin or bark extraction or any form of harm to trees or plants within the national forest area (Section 49(g)).

The implementation of some crucial elements of the Act falls under the authority of the central government. The Act places additional emphasis on several key aspects: (i) the development of interprovincial forests, which are contiguous forests with the same ecosystem; (ii) the creation of forest protection areas; (iii) the description and documentation of various environmental services, including biodiversity, water cycle/watershed, forest carbon, and ecotourism; (iv) the allocation of specific percentages of the income generated by community forest user groups (CFUG) towards protection and management of the forest (25% of the income), as well as initiatives related to women’s empowerment, enterprise development, and poverty alleviation (50% of the income), in coordination with local government; and (v) the creation of a forest development fund.

The provision relating to the use of forest areas for the establishment of priority infrastructure development projects or other projects has some positive impact on conservation of the environment (Section 42). If a forest area is provided for the establishment and operation of a national priority plan or project, the developer or operator is required, to the extent possible, to provide land near the project site adjoining to the national forest area for the purpose of tree planting, at least in the same area as the forest area that has to be used by the project or plan (Section 42(2)). In cases where such land is not available, the operator of such a plan or project must provide such an amount as may be required for the provision of land for forest development (Section 42(5)). The operator of such a plan or project must provide such amount as may be required for the growth or maintenance of trees on the land for 5 years (Section 42(6)). It is expected that the central- and provincial-level politicians will honor these provisions for forest and plant conservation rather than business houses that are in their good books (MoFE 2019).

15.4.2.3.5 Plant Protection Act, 2007, and Plant Protection (First Amendment) Act, 2022

The Acts avoid pest introduction, establishment, prominence, and spread during the importing and exporting of plants and their products and promote plant and plant product trade (GoN/MOAC 2007; MoLJPA 2022). Section 7(1) of the Act stipulates that individuals or entities seeking to engage in the importation of plants and their associated products, beneficial organisms, biological controls, or plant-growing materials (such as soil, moss, or pit) are required to get entry authorization.

The Ministry of Agriculture and Livestock Development is obligated to establish terms and limitations regarding the importation of various items, including plants and their products, beneficial organisms, biological control agents, and materials for plant growth like soil, moss, and pit. This requirement is stipulated in Section 7(2) and is communicated through a notice published in the Nepal Gazette.

If an individual intends to bring any of the aforementioned items into Nepal for personal or research purposes and, despite this requirement, decides to proceed, the office has the authority to issue an entry permit. The issuance of this permit is authorized in accordance with the prescribed processes outlined in the Act, and the corresponding fees are duly collected. Additionally, it is essential to note that an entry permit must be secured in advance if anyone intends to import plants and their products, beneficial organisms, biological control agents, or materials for plant growth (soil, moss, and pit) at the point of entry into Nepal. This requirement is outlined in Section 11(1).

Similarly, a person or institution wishing to export plants and their products, beneficial organisms, or biological control agents may obtain a phytosanitary certificate (Section 12(1)). A person or institution wishing to re-export to another country plants and their products, beneficial organisms, or biological control agents imported into Nepal may obtain the re-export phytosanitary certificate (Section 12(2)).

If any individual or institution intends to transport consignments of plants, plant products, or other articles through Nepal en route to another country, they are required to obtain permission from the Office, as stated in Section 13(1). The office has to give permission for these shipments to go through Nepal if, upon inspection, it finds that the shipments are safely packed to keep pests out, that the shipments and paperwork follow the rules for bringing plants and plant products into the destination country, that the phytosanitary certificates match the shipments, and that the shipments are being transported legally.

This law grants the Ministry the authority to designate relevant employees from both the federal and provincial governments, as outlined in Section 14. The inspector’s responsibilities and powers include examining and testing imported or in-transit plants and their products, beneficial organisms, biological control agents, or other articles to ensure compliance with approved standards. They are also responsible for inspecting or testing items intended for import or export to check for pest infestations. According to Section 15(1), the inspector possesses the power to impede and examine containers and conveyances transporting the aforementioned objects at any given site. Additionally, the inspector is authorized to forbid the sale, distribution, or utilization of contaminated plants, plant products, beneficial organisms, biological control agents, or other related articles. The Organization^{Footnote 2} must conduct pest risk analysis and determine regulated insects (Section 17(1)). On receipt of notice regarding regulated pests determined by the organization, the ministry must publish such notice in the Nepal Gazette, as stipulated in Section 7(2).

Any individual who becomes aware of the presence or expansion of quarantine pests in a specific area can report this information to the nearest inspector. In the event that quarantine pests are spreading or have the potential to spread within any region of Nepal, the organization has the authority to suggest to the Ministry of Agriculture and Livestock Development that the affected area be officially designated as a quarantine pest-affected area, as per Section 19(1).

Upon receiving such a recommendation from the organization, the ministry may, taking into consideration the circumstances outlined in the recommendation, officially declare the area a quarantine pest-affected area (GoN/MOAC 2007).

The Act allows organizations to control quarantine pests in affected areas by treating them, destroying plants, preventing the transfer of plants, preventing plantation, and pursuing other measures as appropriate. This includes treatment, destruction, prevention of plantations, and pursuing other measures as deemed appropriate (Section 20) (GoN/MOAC 2007).

The Plant Protection (First Amendment) Act, 2022, comprises different plant quarantine issues for plant protection in Nepal, such as establishing coordination between the government and private sector for the import and export of plants, plant products, and other restricted objects (Section 5(c)); preparing a team of experts working in the area of plant quarantine (Section 5(e)); and introducing an electronic international standard phytosanitary system for the health certificate of plants (Section 8(2)) (MoLJPA 2022).

15.4.2.3.6 Access to Genetic Resources and Benefit Sharing Bill (AGRBS), 2019

The Ministry of Forests and Environment created the AGRBS Bill, which has undergone a number of revisions, with the most recent one taking place in 2019. These revisions were made with the objective of promoting the long-term use of genetic assets within the country as well as the incorporation of the traditional knowledge held by indigenous peoples and local communities (IPLCs). Furthermore, the revisions aimed to establish a framework for a just and equitable distribution of benefits among all relevant stakeholders. The bill also provides clarification on the custodianship of genetic and biological resources, stipulating that ownership may be attributed to individuals, institutions, communities, or the Government of Nepal. In addition, provisions have also been made for fair and equitable benefit sharing among IPLCs, institutions, and the GoN (MoFE 2019a). The bill has been awaiting approval from the Parliament of Nepal for a long time.

15.4.2.3.7 The Vanaspati [Plant Resources] Bill, 2022

The bill aims to safeguard, discover, identify, document, undertake research, certify, and use Nepal’s plant species and plant resources in a sustainable manner. The plants include both nonflowering and flowering plant species, including trees, shrubs, climbers, herbs, medicinal plant species, endemic plant species, algae, fungi, lichens, bryophytes, pteridophytes, mushrooms, etc. To protect the threatened plant species, the federal Government of Nepal, in collaboration with the provincial government, may declare plant protection areas (DPR 2022). Traditional knowledge about plant species and plant resources is part of plant study. Research permits are issued by the Department of Plant Resources subsequent to obtaining approval from the Ministry of Forests and Environment. These permits remain granted to researchers and research groups from foreign nations, subject to approval (DPR 2022).

15.4.2.4 Sector-Related Acts at the National Level

15.4.2.4.1 Local Government Operation Act, 2017

The purpose of this legislation is to facilitate and advance efficient and high-quality provision of services by fostering collaboration, harmonious coexistence, and coordination across the federal, provincial, and local levels (NLC 2017).

Section 3 delineates the various functions undertaken by local levels, encompassing the preservation of watersheds, wetlands, and wildlife; the facilitation of agricultural extension and cattle management; the safeguarding of water sources; the management of disasters; and the implementation of localized adaptation initiatives. The use of authority by the local government should be characterized by collaborative, cooperative, and coordinated efforts with provincial and federal governments.

The significant roles encompass various aspects of the environment, including biodiversity, forests, birds, wildlife, and ecosystem management. These roles involve the promotion and regulation of forests that benefit impoverished communities, foster collaboration, cater to urban areas, and align with religious beliefs. Additionally, they encompass the management of both public and private forests, buffer zones, riverbank safety, NTFPs, seed stands, zoological gardens, wildlife farming, and the resolution of conflicts between humans and wildlife (NLC 2017).

15.4.2.4.2 The National Civil (Code) Act, 2017

The Act is implemented in conformity with Article 296 (Clause 1) of Nepal’s Constitution, 2015 (MoLJPA 2017). A standing tree, fruit tree, plant, or fruit or flower growing on such a tree, fruit tree, plant, or crop in the land is considered the owner’s immovable property (Article 253(1f)). Similarly, forests or trees or bushes in forests owned, controlled by, or subject to the Government of Nepal are considered government property (Sect. 299(c)). Except in the case of a disaster or an act by a third party, the relevant property owner is liable for the death or harm to a tree laid down or lying down on any road, highway, way, or street (Section 678(d)) (MoLJPA 2017).

15.4.2.4.3 Environment Protection Act, 2019

The Act seeks to safeguard everyone’s right to a healthy and clean environment, as well as to utilize natural forests properly and manage them sustainably (GoN 2019). The term “environment” refers to entire natural, social, and cultural systems, economic and anthropogenic activities, and their components, as well as the interrelationship between the components. It prohibits carrying out or implementing any proposal ^{Footnote 3} project without getting the environmental study report approved (Section 8). In order to mitigate any potential adverse environmental impacts, the proponent of the project must conduct a thorough investigation and offer and suggest alternative solutions. The proponent is also required to justify the basis and reasons why that alternative is implementable. This provision will almost certainly have a favorable impact on conservation.

Prior to implementing a project, the proponent under Section 10(1) is obliged to create an environmental management plan (EMP). During the EMP preparation process, the proponent must state, inter alia, which mitigation measures will be used during project construction as well as those that will be used after project completion or during project implementation (Section 10(2)). If the actions stated by the proponent in the EMP to reduce negative environmental consequences are not effective enough, the authority may order the proponent to employ additional effective measures, and the proponent must pay the expenses of doing so (Section 10(3)). If people who produce EMPs and those who evaluate and approve the EMPs are a bit sensitive or devoted to the conservation of plant resources, these provisions could be very successful in reducing negative effects on plant resources as well. According to Section 10(4) of the Act, the proponent must also create an explicit strategy for the operation of the EMP, carry it out as planned, and submit a status report to the appropriate body every 6 months after the project’s implementation starts.

Environmental audit is required to be conducted no more than 6 months after the proposal’s completion of 2 years and the initiation and distribution of products or services. The environmental examination audit has to be maintained, including the detrimental effects and effective mitigation measures to overcome the effects and impacts that cannot be mitigated (Section 12).

While defining national heritage, the Act includes plants as well. The Act defines national heritage as any site, animal, plant, or object of the environment of Nepal that is potentially important to human beings from the viewpoint of aesthetic, spiritual, archaeological, scientific, historical, natural, social, or cultural aspects (Section 2(s)). It is the duty of the concerned agency to national heritage (Section 29(1)). The concerned authority must prepare and maintain an inventory, including places or objects listed in the World Heritage List of Nepal (Section 29(2)). The concerned agency of the GoN should protect animals, plants, places, objects, etc. listed in the inventory (Section 29(3)). This section is of special significance as it recognizes that plants are also part of our national heritage.

Nepal’s federal government, in consultation with provinces and local governments, can designate a place as an environment protection area that possesses aesthetic value, harbors rich biodiversity with rare wildlife and plants, and is historically and culturally important by making an announcement in the Nepal Gazette (Section 30(1)). As a result, the Environment Protection Act has various measures that give plant resources the recognition they deserve under the law. Some local governments that have passed local environmental protection laws also recognize and safeguard plant resources under the law. However, in practice, the implementation of such legal provisions is not satisfactory, for instance, Chamunda Bindrasaini Municipality’s Environment Protection Act, 2021, Volume 4, No. 4, Local Gazette, July 16, 2021.

15.4.2.4.4 Land Use Act, 2019

The Land Use Act defines ten different types of property, including wetlands and forests, that are essential to plant species conservation. Land designated aside for one purpose should not be exploited for another, and land should be used and managed appropriately in accordance with categorization and land use plans (MoLCPA 2019). The Act is enacted in an effort to solve problems including declining agricultural productivity, nuisances brought on by companies near residential areas, and environmental contamination brought on by irrational industrial activity coming from unplanned and unscientific land use. Furthermore, it is prohibited to use land for anything other than what the law initially specified as legal on it. The Act conferred specific rights, liabilities, and duties on the federal, provincial, and local governments (KC Yatindra 2019).

15.4.2.5 Policy

Policy refers to a collection of established principles and laws that serve as the foundation for the government’s routine decision-making processes. It is a general guideline that provides clear direction for formulating specific programs.

The national environment-related policies of Nepal provide a coherent set of rules to govern behavior in the biodiversity and environment sectors. The formulation of sectoral policies in Nepal often involves a comprehensive consultation process that encompasses a wide range of stakeholders and incorporates their valuable views. This document pertains to and offers a comprehensive elucidation of public strategy, and it has received official endorsement from a legislative body at the national level.

15.4.2.5.1 Herbs and Non-timber Forest Products Development Policy, 2004

The policy’s long-term vision is for Nepal to maintain itself as a storehouse of NTFPs and medicinal plants by 2020 (HMGN 2004). It focuses on sustainable management of the NTFPs in Nepal and retaining its resources. For this purpose, it sets out some objectives for the rise in the economy at the local and national levels. It aims to harvest the maximum economic benefits from sustainable management of wild species and promote employment opportunities for rural communities, addressing their poverty issues. Domestication and commercialization of valuable species are supported with capital, skillful training, technical knowledge, and market information with the intention of poverty alleviation (Maharjan and Dangal 2021).

15.4.2.5.2 Rangeland Policy, 2012

The rangelands of the Nepal Himalaya contain valuable biological resources (HMGN/MFSC 2002). The rangeland policy implemented in 2012 provides guidance for the preservation, advancement, and sustainable utilization of rangeland biodiversity through the maintenance of ecological equilibrium (Clause 10.3). Furthermore, it facilitates the advancement of scientific research aimed at generating empirical data pertaining to biodiversity and the diversity of species and gene within rangelands, as outlined in Clause 10.3.3 (GoN 2012).

The objective of the policy is to improve the lives of communities that depend on rangelands, thereby boosting the national economy. Increasing productivity through upgrading the status of rangeland, promotion and development of rangeland-based enterprises, conservation, promotion, and utilization of rangeland biodiversity in a sustainable and scientific manner are the major objectives of the policy that contribute to balancing the rangeland ecosystem (Sherpa 2018).

15.4.2.5.3 National Wetlands Policy, 2012

Through the preservation and administration of Nepal’s wetland resources, the National Wetlands Policy (2012) aims to promote sustainable development and environmental equilibrium. The policy aims to achieve the following goals: (i) preserve biodiversity and the wetland environment through efficient management and restoration; (ii) promote the well-being of communities that depend on wetland resources by utilizing them wisely and sustainably; (iii) build stakeholder capacity and knowledge; and (iv) uphold good governance. Additionally, it has placed a strong emphasis on the identification, respect, and sustainable use of traditional knowledge and skills and the equitable allocation of benefits among communities that depend on wetlands when using those resources (GoN 2012a).

15.4.2.5.4 Forest Policy, 2015

The policy’s long-term goal is to promote wealth on a local and national level by managing forests, watersheds, and biodiversity sustainably. The goal of the strategy is to strike a balance between increasing economic possibilities, raising local residents’ standards of living, and preserving ecosystems through biodiversity conservation, use, and advancement. It places equal emphasis on biodiversity conservation and the preservation of at least 40% of the land as forest cover.

15.4.2.5.5 National Forest Policy, 2019

The primary forest sector policy is the National Forest Policy of 2019. This platform provides guidance for the management of forests, protected areas, flora, and wetlands across every provincial and local government in Nepal. Its goal is to help Nepal’s social, economic, and cultural well-being by managing wild resources and keeping the environment in balance. The goal of the Forest Policy is to generate forest-based goods and services that come from forests by managing them in a way that protects biodiversity, wildlife, and plant resources and that involves everyone (Clause 6.1). The policy additionally outlines the integration, collaboration, and harmonious coexistence of the federal, provincial, and municipal governments in its execution while also delineating the federal government’s role in facilitating coordination (Clause 11) (MoFE 2019b).

15.4.2.5.6 National Environment Policy, 2019

This policy says that all Nepali people have the right to live in a healthy and clean atmosphere. It is based on the Constitution of Nepal, 2015. It also talks about Nepal’s obligations as a signatory to a number of international deals about the environment. Working together across all three levels of government is also important for protecting the earth and ensuring fairness between generations. This policy aims to protect that right through waste management, pollution control, and supporting the green environment (GoN 2019a).

15.4.2.6 Related Policies

Following policies also govern the conservation of plant species.

15.4.2.6.1 Biotechnology Policy, 2006

Using biotechnology to its fullest, the policy’s main goal is to effectively deal with poverty and environmental damage, support the country’s overall growth, protect the environment, and keep natural assets safe for the benefit of the people (MoEST 2006). One of the primary strategies employed in the field of environment and biodiversity is the implementation of biotechnology activities. This approach aims to reduce environmental pollution, safeguard natural resources and biodiversity, and facilitate the conservation and utilization of plant resources, both in their natural habitats and in controlled environments (Clause 6.1.3).

15.4.2.6.2 Land Use Policy, 2015

Utilizing land and land resources in a social, economic, ecological, and sustainable manner promotes national prosperity and is the goal of the Land Use Policy, 2015. The policy states that certain areas of land use and strategies for land use govern how land and land resources are used (Clause 7). This policy has divided the country’s land into the following categories: (i) Agricultural Zone; (ii) Commercial Activity Zone; (iii) Industrial Zone; (iv) Residential Zone; (v) River as well as Lake-Reservoir Zones; (vi) Mines and Minerals Zone; (vii) Excavation Zone for Building Materials (Stone, Sands, and Concrete); (viii) Public Use and Open Space Zone; (ix) Cultural and Archaeological Zone; (x) Forest Zones; and (xi) Other Zones as specified as needed (Clause 8). The creation and implementation of land use plans by the three levels of government is one of the goals of this strategy. This policy also discourage the nonuse, misuse, underuse, and excessive use of land (MoLRM 2015).

15.4.2.6.3 Climate Change Policy, 2019

The policy ensures sustainable forest management; development of agroforestry; wetland management; conservation of rare and endangered wildlife and plants, as well as threatened ecosystems; and reduction and management of epidemics of forest pests and diseases, wildfires, and the spread of invasive alien species (Clause 8.2) (MoFE 2019c). For example, climate change is affecting forests, biodiversity and watershed protection, and water resources as well as energy, tourism and both cultural and natural assets, health, water for drinking, and sanitation. The policy includes a number of strategies and working policies to deal with these effects.

Nepal has made a lot of progress in both preventing and adapting to climate change. Initiatives such as national policy development, REDD+, the climate budget code, community-level adaptation, and ecosystem-based adaptation have received significant recognition and support from both national and international communities and organizations. The current policy, informed by the aforementioned learnings, would guide in establishing a strategic plan for future endeavors.

The objective of the policy is to enhance the socio-economic well-being of the nation through the establishment of a society that is resilient to climate change. The policy encompasses priority topic areas such as the preservation of forest biodiversity and the conservation of watersheds. The delineation of responsibilities between provincial and local government entities is explicitly outlined in the policy pertaining to the incorporation of climate change-related matters into their respective policies and plans. Additionally, these entities are tasked with formulating and executing specialized initiatives intended to effectively manage forests, biodiversity, and watersheds in a comprehensive manner (MoFE 2019c).

15.4.2.6.4 National Agrobiodiversity Policy, 2019

According to Clause 3 of the Agrobiodiversity Policy, 2007, the objective is to preserve, advance, cultivate, and utilize agrobiodiversity and traditional knowledge in order to achieve sustainable agricultural livelihoods, alleviate poverty, and provide food security by means of climate adaptation and ecological equilibrium.

The National Agrobiodiversity Policy of 2019 supersedes the previous policy and has the objectives of conserving agrobiodiversity, enhancing food security, conducting research on safeguarding indigenous and traditional knowledge held by farmers in relation to agrobiodiversity, establishing mechanisms to make sure that the benefits derived from the utilization of agro-genetic resources are shared fairly and equitably, and prioritizing the promotion of public awareness (Clause 5). Additionally, the policy identifies actions related to benefit sharing, limiting access to agrobiodiversity genetic resources, utilizing agrobiodiversity, and conserving both under in situ and ex situ conditions (MoALD 2019).

15.4.2.6.5 National Agroforestry Policy, 2019

The Ministry of Agriculture and Livestock Development (MoALD 2019a) is in charge of carrying out the National Agroforestry Policy. Increasing national prosperity through the growth, development, and sale of agroforestry products is the main goal of this approach.

The policy aims to achieve several objectives, including the improvement of agricultural, livestock, and forest product production and reducing forest pressure to conserve the environment and biodiversity. Additionally, the policy strives to create livelihood, employment, and income options. It also promotes agroforestry to boost the economy. Clause 5 concludes that the policy promotes research and development activities.

The policy’s strategic goals center on advancing collective farming; facilitating the development of value chains and market access; supporting agroforestry-based businesses; offering financial incentives to the agroforestry industry; advancing agroforestry on marginal, abandoned, and public land; and establishing an all-encompassing agroforestry program that includes planning, execution, and monitoring mechanisms at the three governmental levels (Clause 6). The policy proposes the establishment of an intersectoral coordination committee at all three levels of government to supervise the implementation of the policy (Clause 6.8) (MoALD 2019a).

15.4.2.7 Strategy and Plan

A strategy refers to a comprehensive and well-defined course of action designed to attain certain objectives within varying time frames, encompassing short-term, medium-term, and long-term aims. It is guided by policy, whereas a master plan/plan/action plan is a specific implementation plan showing a detailed scheme and program that is worked out in advance for achieving the objective(s).

15.4.2.7.1 General Strategies and Plans

15.4.2.7.1.1 Sustainable Development Agenda for Nepal, 2015

The Sustainable Development Goals (SDGs) were formulated during the United Nations Conference on Sustainable Development, which took place in Rio de Janeiro, Brazil, in 2012. The SDGs encompass a comprehensive framework consisting of 17 goals, 169 targets, and 479 indicators. These goals, targets, and indicators are designed to address the multifaceted environmental, political, and economic concerns confronting humanity.

Nepal is a United Nations member and has ratified the United Nations 2030 Agenda for SDGs in order to accomplish its objectives by 2030 as a component of the worldwide endeavor (NPC/GoN 2017). The nation has embraced a total of 16 objectives, with the exception of Goal 14 (Life under the Sea). Additionally, Nepal has identified 159 targets that are pertinent to its context (NPC/GoN 2020). Out of the total 479 indicators collected for Nepal, it was found that only 218 indicators were feasible to monitor, as reported by the National Planning Commission of the Government of Nepal in 2020. SDG-15, also known as “Life on Land,” specifically addresses the preservation and responsible utilization of diverse ecosystems and biodiversity. This includes equitable access to genetic resources and the fair distribution of benefits derived from their utilization. The objective of this initiative is to safeguard, rehabilitate, and advance the sustainable utilization of terrestrial ecosystems, as well as to implement sustainable practices in forest management. Additionally, it seeks to address the issue of desertification, prevent and reverse the deterioration of land quality, and put a stop to the decline in biodiversity.

The topic of plant conservation and its associated concerns has been addressed within the framework of SDG-15. This goal has some important targets, such as the following: (i) The first target, 15.1, aims to guarantee the preservation, restoration, and efficient utilization of inland and naturally occurring freshwater ecosystems, particularly forests, wetlands, mountains, and dry lands, in compliance with international agreements; the second, 15.5, calls for immediate and substantial action to prevent habitat degradation, stop biodiversity loss, and save threatened species from extinction by 2020; the third, 15.6, aims to establish a just and equitable sharing of benefits derived from the use of genetic resources and to promote appropriate access to such resources; and the fourth, 15.9, aims to integrate biodiversity and ecosystems principles into national and local planning. The assessment conducted by the Government of Nepal pertaining to the aims and indicators of Sustainable Development Goal 15 (SDG-15) over the period of 2016–2019 reveals little advancement in achieving the majority of the targets within the designated time frame of 2030. Furthermore, the National Planning Commission of Nepal, in cooperation with the Government of Nepal, conducted an assessment (NPC/GoN 2020), which revealed that the progress made in terms of indicators was inadequate. The preservation of the natural, biological, and cultural heritage across many ecological zones is a crucial component of Sustainable Development Goal 15. Furthermore, there is a robust dedication to the advancement of forests as a significant asset for the preservation of the environment. Moreover, there is acknowledgment of the considerable potential of the forestry sector in relation to employment prospects, money generation, and the facilitation of tourism.

Furthermore, Goal 2 aims to end hunger, provide food security, enhance nutrition, and advance sustainable agriculture, which also includes targets and indicators that are associated with the preservation of plant conservation. Target 2.5, which pertains to genetic diversity in seeds, plants, and endangered animals, lacks sufficient data for its associated indicators (NPC/GoN 2020).

15.4.2.7.1.2 The Fifteenth Plan of Nepal (2019/2020–2023/2024), 2020

The Government of Nepal has undertaken the 15th Five-Year Periodic Plan with the overall goal of making the country prosperous and ensuring the happiness of its citizens. The proposed plan aims to elevate all Nepali citizens beyond the threshold of absolute poverty by 2031, with the ultimate goal of transforming the country into a high-income nation by 2045 (NPC/GoN 2020a). The forestry sector, in conjunction with agriculture and natural resources, is well acknowledged for its economic productivity and its potential to make a substantial impact on national wealth.

The 15th Five-Year Periodic Plan encompasses three main goals and eight sectoral initiatives. The objectives encompass three main environmental aspects: firstly, the establishment of a solid foundation for prosperity through the development of high-quality and contemporary infrastructure that is accessible to all, thereby fostering sustainable and inclusive economic growth; secondly, the preservation of a healthy and harmonious environment; and lastly, the safeguarding of national interests, self-respect, and independence of the country through socio-economic transformation. The national strategies outlined in the plan encompass several key areas: (i) fostering economic growth that is both rapid and sustainable, with a focus on generating employment opportunities; (ii) ensuring the provision of universal and high-quality health services and education; (iii) enhancing internal and cross-border connectivity, as well as promoting the development of sustainable urban settlements; (iv) increasing production and productivity levels; (v) establishing comprehensive and sustainable social security and protection measures; (vi) fostering a society characterized by socio-economic equality; (vii) safeguarding and effectively utilizing natural resources while also enhancing their resilience; and (viii) promoting national unity and maintaining a balanced distribution of resources among provinces. This plan’s sectors dealing with forests, biodiversity, and watersheds have embraced the goal of advancing national economic prosperity and social satisfaction through the implementation of sustainable forest resource management and the encouragement of entrepreneurship. The sectoral plan for resilience and the preservation and use of natural resources consists of a number of essential elements. These include the establishment and promotion of an integrated approach towards the utilization of natural resources, with the aim of ensuring a continuous and sustainable provision of ecosystem goods and services. Additionally, the strategy emphasizes the reputation of addressing global warming through both mitigation and adaptation measures. It also underscores the significance of effective watershed management and disaster risk reduction practices. Lastly, the strategy emphasizes the need for efficient resource management techniques.

According to the “Forest, Biodiversity, and Watershed” sector outlined in the Fifteenth National Plan of Nepal, it is stated that the nation possesses a significant abundance of biodiversity and envisions identifying nature-based tourism and providing quality tourism services with priority on biodiversity conservation in community forests as well as all protected areas (NPC/GoN 2020a). The plan lists some of the biggest issues in this area, such as: (i) optimizing the utilization of existing forests, flora, and fauna; (ii) establishing efficient mechanisms for conserving biodiversity; (iii) effectively managing the challenges associated with biodiversity conservation and the country’s physical and economic development; (iv) enacting and successfully enforcing legislation required to ensure fair distribution of the advantages generated from genetic assets and equal access to them; and (v) ensuring fair distribution of benefits arising from the sector’s products and services among individuals of diverse class, gender, and social status (Clause 3). The plans and operational procedures encompass two key components: (i) the safeguarding and administration of forests, vegetation, wildlife, and biodiversity landscapes in a comprehensive way (as outlined in Clause 4.4.2) and (ii) the undertaking of research and development activities pertaining to beneficial medicinal plants, particularly those indigenous to Nepal (as stipulated in Clause 4.4.6.4). The “Rastrapati Chure-Tarai Madhesh Conservation Programme” is a National Pride Project that aims to effectively manage the natural resources and cultural legacy, including forests, water, flora, and biodiversity, in the Chure, Bhawar, and Dun regions of Nepal (NPC/GoN 2020a, Annex 1.6).

15.4.2.7.1.3 National Adaptation Plan (NAP) (2021–2050), 2021

The Government of Nepal prepared the National Adaptation Plan (NAP) for 2021–2050 through the Project ‘Building Capacity to Advance National Adaptation Plan Process in Nepal’, which was supported by the Green Climate Fund (GCF) and executed by the United Nations Environment Programme (UNEP). The National Climate Change Policy, 2019’s overarching goals and priority programs are to contribute to the achievement of national economic and development priorities (GoN 2021). The Nepal NAP aims to inform the planning, coordination, and implementation of adaptation actions needed at all levels of government and across society and ecosystems; and provide guidance on integrating adaptation considerations into policies, programs, and activities. Relevant priority NAP programs to support biodiversity conservation include Agriculture and Food Security; Forest, Biodiversity and watershed conservation; and Tourism, Natural and Cultural Heritage.

15.4.2.7.2 Sector-Specific Strategy and Plans

15.4.2.7.2.1 Forestry Sector Gender and Social Inclusion Strategy, 2008

Clause 2 of the strategy aims to guarantee the substantive engagement of gender and social inclusion in the process of designing and executing forestry-related initiatives. The strategy identifies several key areas for achieving the stated vision. These include the formulation of policies, legislation, and guidelines that are sensitive to gender and equity considerations. Additionally, the strategy emphasizes the importance of promoting good governance and gender-sensitive institutional development. It also highlights the need for gender-friendly approaches to budgeting, planning, and monitoring. Finally, the strategy highlights how crucial it is to provide fair sharing of benefits, balanced possession of resources, and inclusive decision-making procedures (MoFSC 2008).

15.4.2.7.2.2 Forest Fire Management Strategy of 2010 and Forest Encroachment Control Strategy of 2012

The Forest Fire Management Strategy of 2010 is founded upon four fundamental principles: (i) the enhancement and refinement of policy, legal, and organizational frameworks; (ii) the promotion of education, awareness, capacity building, and technological advancements; (iii) the integration of participatory approaches, involving local communities, in fire management and research efforts; and (iv) the facilitation of coordination, collaboration, international cooperation, networking, and infrastructure development. The strategy encompasses several key components: (i) the establishment and enhancement of institutions, as well as the refinement of policy and legal frameworks; (ii) the advancement of education, awareness, capacity building, and technological innovation; (iii) the promotion of collaborative fire management and study; and (iv) the facilitation of national and international coordination, cooperation, collaboration, networking, and infrastructure development (GoN/MoFSC 2010).

The Forest Encroachment Control Strategy of 2012 has been developed with the objective of rehabilitating and restoring forest areas that have been encroached upon through the conservation of plant species. The establishment of a National Forest Encroachment Control Coordination Committee, with the Minister for Forests and Environment (formerly known as the Minister for Forests and Soil Conservation—MoFSC) serving as the chairperson, is envisaged at the central level. The Central Forest Encroachment Control Unit is overseen by the Secretary of the Ministry of Forests and Soil Conservation (MoFSC), while the District Forest Encroachment and Management Task Force is led by the Chief District Officer (CDO) at the local district level. According to Pandey et al. (2022), the district-level task force is tasked with executing a joint protection initiative, while the central-level committee is accountable for yearly planning, coordination with relevant parties and stakeholders, and observing of on-the-ground actions.

15.4.2.7.2.3 Nepal National Biodiversity Strategy and Action Plan (2014–2020), 2014

The Ministry of Forests and Environment, formerly known as the Ministry of Forests and Soil Conservation, is accountable for developing and implementing the National Biodiversity Strategy and Action Plan (NBSAP). This plan outlines a long-term vision spanning 35 years, aimed at conserving biodiversity in order to foster robust ecosystems and promote national prosperity (GoN/MoFSC 2014). The Convention on Biological Diversity (CBD) Strategic Plan for Biodiversity 2011–2020 serves as a comprehensive framework for action, spanning a decade that involves all nations and interested parties in the preservation of biodiversity and the promotion of its advantages for human well-being. Additionally, the Aichi Biodiversity Targets offer a wide-ranging theoretical foundation and practical direction for the formulation of this strategy. The strategies are categorized into six distinct themes that aim to promote the protection of biodiversity. These topics include protected areas, forests located outside of protected areas, rangelands, wetlands, agrobiodiversity, and mountain biodiversity. A list of priority actions serves to further reinforce each of these themes. The 14 cross-theme and cross-sectoral strategies and priority activities provide further support to the 6 thematic fields (GoN/MoFSC 2014).

In 2018, a comprehensive evaluation was conducted to gauge the success of the National Biodiversity Strategy and Action Plan (NBSAP) in relation to the attainment of the 20 Aichi Biodiversity Targets (ABT). The Ministry of Forests and Environment (MoFE) reported progress by 2018 for this assessment, which included 58 targets at the national level. According to the assessment conducted, it was found that among the total of 58 targets, a mere 3 targets, accounting for about 5.2%, were successfully accomplished prior to the designated deadline of 2020. Furthermore, 12 targets, constituting approximately 20.7%, were deemed to be progressing satisfactorily and were projected to be achieved by 2020. However, the majority of the targets, namely, 38 targets, or approximately 65.5%, were progressing, but at an inadequate pace. Lastly, about 8.6% of all the targets, or 5, did not show any clear improvement (MoFE 2018).

15.4.2.7.2.4 Nature Conservation National Strategic Framework for Sustainable Development (2015–2030), 2015

The National Planning Commission (NPC) established the strategic framework with the intention of imagining a prosperous, inclusive, and equitable Nepal that values and preserves nature for the purpose of achieving sustainable development. The implementation of this framework is based on five strategic pillars. These pillars include (i) the integration of nature conservation into development initiatives; (ii) the alignment of sectoral strategies; (iii) the establishment of coordination mechanisms among relevant agencies; (iv) the recognition and assessment of ecosystem goods and services; and (v) the enforcement of accountability measures for sectoral agencies involved in conservation efforts. The prioritization of nature conservation integration into development efforts necessitates that the agencies concerned focus on specific programs. These programs encompass the execution of operations throughout 18 sectors. Notably, sectoral programs such as forest conservation are included in this prioritization. Biodiversity and ecosystems; agriculture; climate change; environment and pollution; environmental education; nature conservation and poverty reduction; society and indigenous nationalities; and gender and social inclusion directly or indirectly contribute to plant conservation (GoN/NPC 2015). For instance, within the strategic framework concerning the conservation of plant species in the sector of biodiversity and ecosystems, there are several noteworthy programs. These programs aim to guarantee that the expansion of built-up areas, such as urbanization and settlement, does not have any adverse effects on the habitats of specific plant and animal species. Additionally, there is a focus on formulating a detailed plan for the conservation of flagship species, as outlined in the Government of Nepal and National Planning Commission Report of 2015 (GoN/NPC 2015).

15.4.2.7.2.5 Agriculture Development Strategy, 2015

The Agriculture Development Strategy (ADS) is a comprehensive sectoral policy established for Nepal, encompassing the time frame of 2015–2035. The primary goal of the ADS encompasses five key dimensions: enhanced food and nutrition security; alleviation of poverty; promotion of competitiveness; attainment of higher and more equal income for households in rural areas; and reinforcement of farmers’ rights. Moreover, the ADS will enhance the pace of growth in the agricultural sector with the aim of realizing the envisioned goals. Establishing four main strategic elements, viz., governance, efficiency, profitable commercialization, and competitiveness, will help achieve this goal. Additionally, the ADS will prioritize inclusiveness, encompassing both social and geographic aspects, as well as sustainability, encompassing natural resources and economic factors. Furthermore, the strategy will focus on fostering the development of the private sector and cooperative sector, as well as establishing connectivity to market infrastructure such as agricultural roads, collection centers, packing houses, and market centers. It will also emphasize the importance of technological infrastructure and power facilities, including rural electrification and the utilization of renewable and alternative sources of energy. The strategy focuses on the implementation of subsistence production-based forestry, forest management methods that are conducive to agriculture, and inclusive approaches to natural resource management and livelihood enhancement within the community. This strategy also emphasizes a holistic and community-based landscape approach (MoAD 2015). The development of livelihoods through natural resource management is regarded as a key area of intervention for Outcome 2, specifically focusing on productivity (MoAD 2015, Clause 194). One of the strategies employed to enhance agricultural output is the implementation of efficient and sustainable methods, as well as the judicious utilization of natural resources such as land, water, soils, and forests (Clause 201).

15.4.2.7.2.6 Forestry Sector Strategy (2016–2025), 2016

The 10-year strategy offers strategic directives for the forestry sector. The objective is to effectively preserve, oversee, rehabilitate, and enhance ecosystems, habitats, and genetic resources through the implementation of integrated landscape strategies and the establishment of conservation corridors (MFSC 2016). It adopts people-centric approaches for the management of floral and faunal diversity to achieve its outcome (Clause 2.3). As mentioned in Clause 3.2.2, the thematic purpose of the strategy is to conserve and sustainably manage Nepal’s diverse flora, fauna, and ecosystems, including threatened plant and animal species, both under in situ and ex situ conditions, and promote their scientific, socio-economic, recreational, and cultural values. Ecosystem management, which encompasses the preservation of biodiversity, is recognized as one of the subject areas outlined in Clause 3.2 of the forest policy (MoFSC 2016).

15.4.2.7.2.7 Chure-Tarai Madhesh Conservation and Management Master Plan, 2017, and Chure-Tarai Madhesh Conservation and Management Master Plan (Revised), 2022

The main goal of the master plans is to make a significant contribution towards the national objective of poverty reduction and the enhancement of national prosperity in the Chure region of Nepal. This will be achieved through the implementation of strategies focused on the conservation of natural resources, sustainable management practices, and the promotion of ecosystem services. The main purpose of the master plan is to protect people and built-up areas in the Chure and Bhawar regions from the bad effects that climate change and natural disasters might have. This will be achieved through the implementation of sustainable natural resource management practices that are compatible with the geological, geographical, and ecological characteristics of the Chure and Bhawar areas (PCTMCDC 2017). The President Chure-Tarai Madhesh Conservation and Management Master Plan of 2017 was formulated with the aim of offering a strategic framework to tackle the extensive deterioration of the Chure and Bhawar areas caused by excessive resource exploitation. Additionally, it seeks to provide comprehensive guidance to all relevant stakeholders who are interested in supporting developmental endeavors in the Chure region in the forthcoming years (PCTMCDC 2017).

The presence of biodiversity within the Chure-Tarai Madhesh Landscape (CTML) in Nepal is of utmost significance. The landscape is well acknowledged as a region of high biological diversity and serves as a crucial and noteworthy natural habitat for the preservation of biodiversity through in situ conservation efforts. In total, 26 out of the 118 ecosystems in Nepal are located inside the landscape. Out of the total of 26 ecosystems under consideration, 23 are situated within forest ecosystems, while the remaining 3 are found within agricultural ecosystems. The CTML has 3 distinct ecoregions, 7 designated protected areas, 4 Ramsar sites, 14 locations of significant avian and mammalian importance known as important bird and biodiversity areas (IBAs), and 8 areas of notable botanical (medicinal and aromatic plants) significance referred to as important plant areas (IPAs) (Hamilton and Radford 2007; GoN/MoFSC 2014; Chaudhary and Subedi 2019). The primary objective of the master plan is to attain economic success while simultaneously safeguarding the Chure-Tarai Madhesh and Dun Landscape, which are naturally balanced ecosystems that offer a consistent provision of environmental goods and services. The program aims to contribute to the overarching national objective of achieving prosperity in Nepal. The adoption of sustainable management practices for the resources present in the Chure region and the implementation of conservation measures will achieve this. The ultimate aim is to enhance and preserve the ecosystem services provided by this region (PCTMCDC 2017).

The Chure-Tarai Madhesh Conservation and Management Master Plan (Revised), 2022, is a national priority program implemented by the Government of Nepal. This revised plan spans over a period of 5 years (2022–2026) and has the objective of conserving and sustainably managing natural resources and ecosystem services. Additionally, its aim is to contribute to the overall prosperity of the country by promoting social empowerment (PCTMCDC 2022). The Chure-Tarai Madhesh Landscape specifically focuses on conservation of tropical and subtropical ecoregions, forests and vegetation, rich plant and animal diversity, including CITES-listed threatened species, protected area systems, biological corridors and connectivity, agrobiodiversity, Ramsar sites, water sources, rivers, grasslands, and biodiversity. The Chure-Tarai Madhesh Conservation Area is officially recognized, and it will help stop trees from being cut down in these very vulnerable parts of Nepal.

15.4.2.7.2.8 National Ramsar Strategy and Action Plan (2018–2024), 2018

It was necessary to make this plan in order to protect wetlands, especially Ramsar sites in Nepal (MoFE 2018a). There are about 24% of the plants that the Government of Nepal protects in Nepal’s marshes (Clause 1.4.1). On the other hand, it focuses on making and carrying out a plan to stop the spread of invasive animal and plant species in waterways.

The goals of the strategy are to (i) effectively protect and manage the network of Ramsar sites; (ii) oversee wetlands, including Ramsar sites, within the carefully used principle; (iii) involve federal, state, and local stakeholders and give them the tools they need to protect wetlands and Ramsar sites; (iv) improve Ramsar implementation through partnership between countries; and (v) keep an eye on and evaluate the National Ramsar sites. The policy also incorporates measures to improve biodiversity, minimize the effect of global warming, and make sure that ecosystems and people grow in a sustainable way. For Ramsar implementation in Nepal, the Ministry of Forests and Environment (MoFE) is the main government in charge (MoFE 2018a).

15.4.2.7.2.9 REDD⁺ Strategy Nepal (2018–2022), 2018

The Ministry of Forests and Environment (MoEF) developed the Nepal National REDD+ Strategy for 2018–2022. Its goal is for the people of Nepal to be better off by using the carbon and non-carbon benefits of forest environments more effectively. Its five goals are to (i) identify and address the reasons behind tree loss and forest damage and promote long-term forest management; (ii) guarantee fair and equal sharing of benefits and improve resource tenure; (iii) create more job opportunities; (iv) make sure that policies and laws are consistent; and (v) make the forest monitoring system better (MoFE 2018b). In order to put the goals into motion, 12 strategies and 70 strategic actions have been identified. The plan calls for the creation of the National REDD+ Steering Committee (NRSC) and the National REDD+ Coordination Committee (NRCC) at the federal level. It suggests that each provincial Ministry of Industry, Tourism, Forests, and Environment should set up a REDD+ desk to oversee the implementation of these planned actions. To put the strategy into action at the local level, REDD+ projects will be coordinated by the forest and environment section or coordination committee of local governments. The Nepal REDD+ plan is another important step toward making community-based approaches to managing forest resources stronger (MoFE 2018b). The strategy’s goals and the planned actions that go with them have made it easier for more people to work together and invest in Nepal’s forestry sector.

15.4.2.7.2.10 Nature for Prosperity Strategic Plan (2020–2025), 2020

The National Trust for Nature Conservation has developed a strategic plan for the period of 2020–2025 with its vision aligned with the national vision for prosperity. The plan aims to promote conservation economy by creating a sustainable model for the use of natural resources. The strategic goals outlined in the plan are namely: conserve species; protected areas and ecosystem management; promote conservation economy; collaborative climate action; and research, education and knowledge management. All the goals of its support to achieve mission of the strategic plan as to conserve, manage and promote nature in all its diversity that cultivates innovation, and enhance social equity and quality of life (NTNC 2020).

15.4.2.7.2.11 Protected Area Management Strategy (2022–2030), 2022

The vision and Mission of the PA Management Strategy is “Living in harmony with nature by conserving biological resources to ensure ecological functions, financially sustaining PA systems, and contributing to social well-being” (DNPWC 2022). The goal of the strategy is to build climate resilient ecosystems and self-sustaining protected area system by 2030. Under the key thematic areas “Species and Habitat” (Key Thematic Area 5.1.2), one of the strategies and strategic actions is to collect and update information on wild flora and fauna in the protected area system of Nepal (DNPWC 2022). It also includes the improvement and expansion of habitats, including grasslands, wetlands, and rangelands.

15.4.2.7.3 Species Conservation Action Plan

There are also “conservation action plans” developed for priority plant and animal species that the Ministry of Forests and Environment (Department of Forests and Soil Conservation and Department of National Parks and Wildlife Conservation) wants to make and use (MoFE 2018). This is to protect and manage priority plant and animal species. For the plant species group, conservation action plans for Bijay Sal (Pterocarpus marsupium) 2018–2022 and Lali Gurans (31 Rhododendron spp.) 2019–2023 have been made and are being executed. On the other hand, conservation action plans for other key species, including Satisal (Dalbergia latifolia), Rudraksha (Elaeocarpus sphaericus), and Okhar (Juglans regia), are in the process of preparation. The Government of Nepal also prioritizes preparing a species conservation action plan for threatened animals for conservation.

15.4.2.7.4 Agreement

As the name suggests, an agreement is a deal that two or more parties make that is usually legally binding and spells out how they will carry out the agreed-upon course of action. To protect biodiversity that spans borders, Nepal and China and Nepal and India have signed two deals (DNPWC 2010). These two-way cooperation projects give the countries a strong foundation for improving their cooperation in the regional environment. After signing the Memorandum of Understanding in the area of Forestry and Biodiversity Conservation on June 3, 2010, the Ministry of Forests and Soil Conservation, GoN, and the State Forestry Administration, People’s Republic of China (PRC), promised to follow through on their multilateral agreements and conventions to safeguard the environment and protect biodiversity (MoFSC/SFA 2010). In the same way, the Fourth Nepal-India Consultative Meeting led to a conclusion on transboundary biodiversity conservation that was signed on July 29, 2010, by the Department of National Parks and Wildlife Conservation, Ministry of Forests and Soil Conservation, and the National Tiger Conservation Authority, Ministry of Forests and Environment, Government of India (MoFSC, MoEF 2010).

15.4.3 Legal Provisions at Province Level

The Constitution of Nepal, 2015, and other federal laws say that the Provincial Council of Ministers is incharge of giving general instructions and overseeing the government of the provinces (CAS 2015, Article 162(1 and 2)). Nepal’s seven provinces have all made laws about how to handle natural resources and protect biodiversity, which includes plant species. It is the federal forest act that guides the writing of the provincial forest acts. The federal act says that the provincial government is in charge of carrying out the act in its own province.

15.4.3.1 Provincial Forest Act, 2019, of Koshi Province

Koshi Province has made a Provincial Forest Act to help the country’s economy by protecting, managing, and boosting the long-term use and protection of forests (MoIAL 2019a, b). It states that necessary arrangements will be made to conserve, develop, and utilize the forest under the province in consultation with the federal government based on the federal and provincial strategic plans (Section 10). The provincial Act also supports biodiversity conservation in the Kangchenjunga Landscape (KL), a transboundary landscape initiative among Bhutan Himalaya, Eastern Indian Himalaya, and Eastern Nepal Himalaya (Chaudhary et al. 2015).

15.4.3.2 Provincial Forest Act, 2020, of Madhesh Province

Madhesh Province enacted the Forest Act, 2020, to conserve and sustainably manage forests, wildlife, plants, watersheds, and river resources of the province for fulfilling the people’s needs for forest resources, promoting a healthy environment, and supporting the national economy through adopting different forest management systems such as national, community, religious, leasehold, and protection forests (MoIAL 2020). The Act has provisioned promoting plantation and agroforestry (Section 22); establishing a zoo, zoological garden, and botanic garden (Section 28); managing wetlands, establishing a public partnership for the promotion of biodiversity, wetland, and watershed (Section 35.d); declaring protected forests for the forest area having environmental and ecological importance, including Chure Conservation Landscape; conserving and managing forest types, plant diversity, wildlife, and biological corridor (Section 46); and handing over the national forests to the communities (Section 51).

15.4.3.3 Provincial Forest Act, 2019, of Bagmati Province

Protecting plant species by taking care of conserving national forests, protection forests, leasehold forests, community forests, and religious forests in Bagmati Province, or the interprovincial forest, is what the Provincial National Forest Act, 2019, says (MoIAL 2019a, b). Sections 17, 30, 33, 47, and 55 of the Act say this. The Act looks at protecting plant species in the Nepal Himalaya by connecting it to ecosystem services like protecting biodiversity, promoting tourism, storing carbon, the hydrological cycle, and the benefits that come from these as environmental services from forest ecosystems.

15.4.3.4 Provincial Forest Act, 2023, of Gandaki Province

Gandaki Province has passed the Act to conserve, utilize, and sustain forest management of the national forest, private forest, public forest, and urban forest within the province by supplying forest products for the promotion of forest product-based industries and nature tourism (PAS/GP 2023). The Act aims for conservation, promotion, utilization, and management of plants, wildlife, the environment, watersheds, and biodiversity for the prosperity of the province and to support the livelihoods of local people. Section 7 says that the provincial government can make a plan for the protection, management, growth, and utilization of national forests at the provincial level. The provincial government may also establish an herb research center for the study, research, production, processing, demonstration, and cultivation of herbs and aromatic plants (Section 9). There are different provisions such as chakla (block) forest to improve the productivity of forest (Section 17); protected forest to manage the rare and threatened plant species (Section 18); partnership forest to improve forest for economic support of local, provincial, and national level, supply forest products to forest users, increase the productivity of forest and the conservation and promotion of biodiversity and watershed, and improve livelihoods of users (Section 22); community forest (Section 25); leasehold forest to provide raw materials for forest product-dependent industry, production of forest products, herb cultivation, and promotion of ecotourism business (Section 35); and religious forest (Section 40). The Act also supports conservation of biodiversity in the Chitwan-Annapurna Landscape (CHAL) in the province.

15.4.3.5 Provincial Forest Act, 2021, of Lumbini Province

Lumbini Province passed the Provincial Forest Act to encourage long-term growth and protection of national forests. The Act also encourages the use of forest resources through proper forest management techniques that protect and improve forests, wildlife, the environment, watersheds, and biodiversity in the province, thereby promoting a healthy environment, fulfilling the basic needs of people, and considering forest areas as an important source of economic development (MOIAC 2021). The province government can manage the national forest outside the conservation, partnership, community, leasehold, and religious forests founded on a strategic plan (Section 10). The government may establish an herb research center with a laboratory to study, undertake research, exhibit, and promote herb cultivation (Section 85). The forest ministry may also prepare a strategic plan to prevent and control forest fires (Section 91). The provincial act is supportive of biodiversity conservation in the western part of the Terai [Tarai] Arc Landscape (TAL) that also falls within the province.

15.4.3.6 Provincial Forest Act, 2022, of Karnali Province

Karnali Province has enacted the Provincial Forest Act, 2022, to conserve and manage the national forest of the province (MoIAL 2022). National forests are managed through conservation, improvement, and sustainable forest management in government-managed, community, leasehold, and religious forests to balance the ecosystem. It aims to contribute to a prosperous province and address the livelihoods of local people by supplying forest resources to promote forest resource-based industries, soil and watershed conservation, management of biodiversity, and ecotourism. The provincial Act also supports conservation of biodiversity, including diverse ecosystems and rich cultural heritage in the province comprising Nepal’s Western Mountain Landscape (WML) (also called Karnali landscpe) and a part of Kailash Sacred Landscape (KSL) Nepal, as well as promotes nature tourism in the Nepal Himalaya.

15.4.3.7 Provincial Forest Act, 2021, of Sudurpaschim (Far Western) Province

The Act has provisions to manage the national forest of the province through government management, forest protection, community, collaborative, leasehold, chakla (block), and private forests (MoITFE 2021). It has also been envisioned to contribute to prosperity in the province by conserving, improving, and sustainably managing biodiversity, forests, plants, wildlife, the environment, and watersheds; promoting ecotourism, thereby increasing production and productivity of forest resources; and ensuring equitable sharing of resources and benefits among the people. The provincial Act supports biodiversity conservation also in a part of the transboundary Kailash Sacred Landscape (KSL) and part of TAL, both of which are valuable sites in the Nepal Himalaya for biodiversity conservation, cultural preservation, social and economic development, and conservation of traditional ecological knowledge and in addressing other environmental aspects.

15.4.4 Provisions at Municipality (Palika) Level

Nepal’s new Constitution sets up a three-tiered federal government: the federal, the provincial, and the local. All three levels have the constitutional power to make laws, formulate policies, plan them, carry them out, and regulate them. According to the Constitution and federal rules, the village assembly and municipal assembly are in charge of enacting laws, passing budget, and determining the taxes and their ceilings at the local level. Schedules 8 and 9 list these powers. They spell out the duties of the village assembly and the municipal assembly. Any other powers not mentioned in the Constitution will be based on federal laws. According to Schedules 8 and 9 of the Constitution, the local levels can make budgets and plans and decide on tax rates and how to collect money (Paudel and Sapkota 2018; RSS 2022).

A few local governments have enacted and are implementing the Local Forest Act. A forest is known as an area that is partially or fully covered by trees or plants (Buttyan). The municipalities have adopted this explanation of forests from the Federal Forest Act, whereas the classification of forest as per the Local Forest Act of Thaha Municipality (Makwanpur District, Bagmati Province)^{Footnote 4} and Tulsipur Sub-Metropolitan City (Dang District, Lumbini Province)^{Footnote 5} includes an area of community forest, religious forest, urban forest, rural forest, agroforestry area, plantation, wetland area, forest managed under customary practices, and family-private forest partly covered by trees or plants (Buttyan).

Forest product. Similarly, some of the forest acts of local governments define forest products exactly as defined in the Federal Forest Act of 2019, which defines forest products as timber (wood) products, non-timber forest products, boulders, soil, rivers, and mineral substances that are contained in, found in, or brought from the forest. Thaha Municipality and Tulsipur Sub-Metropolitan City’s Forest Act defines forest products as timber, firewood, charcoal, khair (Senegalia catechu), pine (Pinus roxburghii) resin (khoto) bark, Piper species (pipla-pipli) or tree, leaf, flower, fruit, maouwa (Engelhardia spicata), chirayito (Swertia chirayita), mushrooms (chyau), and all kinds of wild herbs, plants and their parts or organs, rock, soil, stone, concrete, sand, animals and birds, wildlife, and their trophies, which are contained in or found in or brought from the forest.

Forest ownership. The Barbardiya Municipality Forest Act (Lumbini Province)^{Footnote 6} states that the ownership of public land that is inside the municipality must be vested in the municipality (Section 5(1)(a)). As per the prevailing federal law, ownership of national forests is vested in the Government of Nepal (Section 5(1)(b)). Lands in community-based forest areas, such as community forests, may remain community land (Section 5(1)(b)). Customary institutions established as per the customs have the right over the forests that have been conserved and managed on a customary basis (Section 5(2)). Prior to taking a decision to change the land use, provide possession, or transfer ownership in any manner of the national forest that is inside the municipality, the Government of Nepal must have the concurrence of the municipality, concerned forest user groups, and any customary institutions, if there are any.

Section 6(1) of the Forest Act of Urlabari Municipality (Koshi Province)^{Footnote 7}, Barbardiya Municipality, and Shuklaphanta Municipality (Sudurpaschim Province)^{Footnote 8} states that national forests that are inside the municipality must be managed as community forests, as well as any other form of community-managed forest or customary forest. Among the different kinds of forest management systems, priority must be given to community forest management systems (Section 6(2)). Forests that are on the public lands of the municipality may be developed and managed as a community forest, and if the users’ group does not manage the forest that is on the public lands, the municipality may manage itself or get the forest managed by some organization (Section 6(3))^{Footnote 9}.

The Forest Acts of Bagmati Municipality (Madhesh Province)^{Footnote 10}, Thaha Municipality (Bagmati Province), and Tulsipur Sub-Metropolitan City (Lumbini Province) include a list of community rights over national forests. As per Section 11(1) of Bagmati Municipality and Thaha Municipality and Section 12(1), communities living near national forest or communities living in areas which are on the boundary of national forest and wetland areas that are being conserved and managed by Government of Nepal and Provincial Governments must have the right to utilize the following rights, among others, in unrestricted manner: (a) right of way in the national forest that the communities have been using as a public road and utilization of water sources; (b) utilizing the forest products without any hindrance from the forest areas that they have been using traditionally as the source of forest products without degrading the quality of the forest, as well as conserving and managing such forest and also taking benefits from the sale of such forest products; (c) utilizing the forest areas that have been traditionally used as pastureland or grazing land without degrading the quality of the forest; (d) travel to historical, cultural, and religious sites that are inside the national forest area in an unrestricted manner and conserve, manage, utilize, and keep in control^{Footnote 11}; (e) right to receive appropriate compensation from the local government for the humans, domestic animals, and local communities’ crops affected by wildlife from the national forests, and provisions will be made to provide reasonable relief from concerned groups and government to the persons who meet an accident while controlling forest fires or while managing forests^{Footnote 12}; (f) right to receive benefits for carbon sequestration and storage and utilize such benefits in community interest; and (g) right to participate directly in the management of wetland areas and the national forests.^{Footnote 13}

Same as the Federal Forest Act of 2019, the Forest Acts of Urlabari Municipality (Koshi Province), Barbardiya Municipality (Lumbini Province), and Shuklaphanta Municipality (Sudurpaschim Province)^{Footnote 14} state that the concerned users of a forest may constitute a user’s group in a consultative manner to judiciously use forest products for social and economic development and to promote gender equivalence and societal inclusion in forest administration by collectively conserving and sustainably managing such forest by fulfilling the procedures of the prevailing federal law and in coordination and consultation with the municipality (Section 12). The three municipalities’ forest laws also provide for constituting user groups, but the language is different. Similarly, the forest acts of all six municipalities mentioned above provide for the registration and handing over of forest to the user group as a community forest user group. Once a community forest user group is registered, it becomes an autonomous body (corporate body) with perpetual secession. It has its own seal. It may be that an individual acquires, possesses, transfers, or otherwise manages movable and immovable property. It may be sued by an individual or be sued in its own name.

The Forest Act of Urlabari Municipality, Barbardiya Municipality, and Shuklaphanta Municipality gives the authority to forest user groups that are in their area to establish and develop forest product-based forest enterprises (Section 28). These municipalities’ forest law empowers user groups to operate ecotourism programs by including necessary provisions in their forest operational plan (Section 29(1)). It is prohibited to operate an ecotourism program beyond the forest area indicated in the forest operational plan (Section 29(2)).

The forest laws of these three municipalities provide for watershed conservation, biological corridor management, and the protection and administration of wetland ranges. The law requires the respective municipalities to identify the watersheds that are in their respective areas with all the details and maps of the watersheds (Section 32(1)). Wetland areas that are in the forests of the municipality must be conserved and utilized through community forest user groups (Section 35(1)). Wetland user groups or water user institutions may be constituted for the conservation and utilization of wetlands that are outside the forest area of the municipality (Section 35(1)).

15.5 Challenges and Opportunities

Biodiversity conservation in Nepal faces a range of challenges and opportunities owing to diverse ecosystems, increasing population pressure, overexploitation of natural resources, land use, and climate change, as well as weak law enforcement and governance. This part provides a concise discussion of the issues and opportunities associated with the implementation of legislative frameworks in Nepal.

15.5.1 Legal Overlap and Devolution of Power

According to Belbase and Thapa (2007), there are inconsistencies in Nepal’s statutory system, current programs, and policies, as well as in their subsequent implementation and enforcement. As per the requirements of Nepal’s Constitution, the delegation of state powers to the federal, provincial, and municipal levels of government includes the assignment of duties related to the management and conservation of natural assets and biological diversity. The aforementioned arrangements and exercises are novel, and a significant obstacle that persists is the establishment of institutional frameworks for the management of environmental protection, biodiversity, and other natural resources. The list of jurisdictions included as annexes in Schedules 5–9 of the Constitution has created confusion where biodiversity conservation-related rights and functions are included in the exclusive as well as concurrent lists. Forest governance has become a most contested issue under the federal setup, where the forest department and local governments confront each other frequently and are ineffective in terms of biodiversity conservation. Community forest user groups have been facing various challenges with the changes in livelihood patterns.

There is a significant amount of work to be undertaken in order to effectively execute the decentralization of authority pertaining to protected areas and the preservation of biodiversity, as delineated in the Constitution (Thakali et al. 2018). Many government officials don’t follow the rules, even when the rules are clear, and they often think they are above the rules (Thakali et al. 2018). There are, however, some exceptions. Local governments with legislative authority have created and enforced laws. Still, people’s leaders have said that the federal and provincial governments’ delays and sidetracks in making some important laws that have a direct effect at the local level, especially when it comes to making laws (RSS 2022). This means that each level of government can use its exclusive powers by passing laws that are in line with the Constitution (Chaudhary et al. 2020).

15.5.2 Clarifying Roles and Responsibilities

After Nepal’s new Constitution is made official, there are still a number of biodiversity protection policies that need to be made and put into place. Despite some legal frameworks (Forest Act, 2019; Environment Protection Act, 2019; Land Use Act, 2019; CITES Act, 2017) having been formulated and implemented after the Constitution of Nepal, 2015, was endorsed, there still exist regulatory gaps and governance challenges. The existing policies do not cover important components of biodiversity, such as rangelands, wetlands, etc. The NTFPs are placed in the policy section by the Government of Nepal. There is an utmost need for the formulation of specific NTFP-related policies, as the earlier developed NTFP-related policies are not effectively implemented. The policy should address the lives of the majority of rural people in developing countries, including Nepal, by sustainably managing natural resources (Maharjan and Dangal 2021). The 2019 National Forest Policy doesn’t explicitly explain what “forest fire management” means. It only talks about “reducing emissions through environmentally friendly forest administration for the forthcoming carbon trade” (MoFE 2019b).

The National Climate Change Policy of 2019 (MoFE 2019c) only talks about “saving the forests and biodiversity from forest fire” and doesn’t explain how to stop the country’s wildfires, which are becoming more common and releasing more pollution (Pandey et al. 2022). Fewer and fewer new forest policies don’t ignore the idea and problems of climate change. But forest policies don’t pay much attention to new problems like climate refugia and invasive alien plant species (Paudel et al. 2019).

Land use law and policy have not been effective due to the ever-increasing demand for forest and land resources. Trends are rampant in the development of physical infrastructure led by local governments as well as provincial and federal governments, which has challenged the very essence of the Environment Protection Act of 2019 and its provisions on environmental impact assessment. Inadequate enforcement of environmental laws and weak governance are also leading to unchecked illegal activities and overexploitation of natural resources. Water resources and aquatic biodiversity laws at the federal level are not amended under the current setup and have failed to address the contemporary challenges posed by the current development ambitions, such as payment for ecosystem services (PES).

It is very important to make it clear what the jobs and responsibilities of different levels of government and community-based organizations (CBOs) are. The environmental groups need to work with local governments to make their partnerships stronger and grow. Many laws, rules, and regulations will need to be changed or revised in an official way to make this happen. As of now, it seems that the state’s political priorities are more on actions that take advantage of nature and natural resources than on protecting them (Thakali et al. 2018).

15.5.3 Gaps in the Implementation of International Commitments

For biodiversity protection to work, the laws and policies must be clear and easy to understand (De Klemm and Shine 1993; Díaz et al. 2019). International environmental regimes (IERs) set goals for conservation and tell countries how to reach them. National laws, on the other hand, set the rules for what each country can do and make sure it stays within its international responsibilities (Gogaladze et al. 2022). As a participant in international conventions and treaties on biodiversity, the environment, wetlands, and natural resources that are directly relevant to biodiversity protection, Nepal should adopt laws to achieve the goals of the international commitments. Many biodiversity issues are also transboundary. There is a need to strengthen regional cooperation to enhance conservation efforts and address biodiversity conservation challenges. The Government of Nepal has been working for almost two decades to establish and execute legislation pertaining to the Access to Genetic Resources and Benefit Sharing (ABS) Bill, which is yet to be passed by the Parliament of Nepal.

15.5.4 Recognizing Customary Law

Nepal’s Constitution doesn’t say anything about common law. Even so, the government may make special plans to protect the rights of Adivasi and Janjati [indigenous peoples and local communities—IPLCs] to keep and pass on their traditional knowledge, skills, experience, culture, and social practices, as stated in CBD Article 8(j) and the Constitution of Nepal, 2015 (Article 51(j)8). Nevertheless, these parts do not go far enough to make common law official (Belbase and Thapa 2007). Unfortunately, constitutional and statutory provisions, such as sectoral laws, policies, and schemes, do not make enough room for recognizing customary rights and laws, despite many efforts, advocacy, and lobbying efforts, as well as the requests of indigenous peoples. Recognizing and respecting customary laws and practices can help with land ownership and forest rights problems. This can make people more likely to protect local or national forests and stop people from using too many of their resources (Bhattarai 2017). It is important for both biodiversity protection and sustainable resource management to recognize and use the traditional ecological knowledge of IPLCs.

15.5.5 Revision of the Nepal National Biodiversity Strategy and Action Plan (NBSAP)

The NBSAP’s 2014–2020 implementation is complete. In light of the powers and responsibilities shared by the central, provincial, and local governments as outlined in the 2015 Constitution of Nepal and the 2030 Sustainable Development Agenda, it is necessary to further revise the National Biodiversity Strategy and Action Plan (NBSAP) and other biodiversity-related policies, which is a key tool for implementing CBD and achieving realistic and measurable targets and goals. It is also necessary to adhere to the historic Kunming-Montreal Global Biodiversity Framework (agreed at the 15th meeting of the Conference of Parties to the UN Convention on Biological Diversity) and take into account state restructuring and post-federalism governance issues and challenges. Action- and results-oriented, the Global Biodiversity Framework seeks to facilitate more transparent and accountable progress, monitoring, and review at all levels, as well as to guide and encourage, at all levels, the amendment, development, updating, and application of policies, goals, targets, and national biodiversity policies and action plans (COP decision 15/4).

15.5.6 Maintaining Financial Incentives

The creation of the National Natural Resources and Fiscal Commission (NNRFC) by the Constitution entrusted it with creating a structure for revenue sharing for five distinct revenue streams: mining, power, forests, mountaineering, and water and natural resources. Local and provincial governments might consider allocating cash for conservation programs. On the other hand, if local conservation areas receive less money, it could lead to conflict and erode grassroots accountability (Thakali et al. 2018). The present royalty revenue allocation (50%, 25%, and 25%, respectively, among federal, provincial, and municipal governments) should be reconsidered in light of community needs and challenges (Thakali et al. 2018). Nationwide expansion of programs, such as the Green Climate Fund (GCF) (https://www.greenclimate.fund/countries/nepal), Nepal-USAID Biodiversity (https://www.dai.com/our-work/projects/nepal-usaid-biodiversity), and USAID/Nepal’s Program for Aquatic Natural Resources Improvement (PANI) (USAID 2016), can provide opportunities to maintain financial incentives for biodiversity conservation in Nepal.

15.5.7 Emphasizing Conservation-Oriented Development and Human Well-Being

Transformative changes that consider nature-based solutions and the well-being of the environment, culture, and society are necessary to address the need for conservation-oriented development activities. The majority of development activities primarily concentrate on physical development and infrastructure (Thakali et al. 2018), frequently excluding a more comprehensive strategy for sustainable development that includes empowering people to be knowledgeable about, capable of, and responsible for resource conservation. Observation has revealed that significant sections of forest plans discuss the role of forestry in mitigating greenhouse gas emissions and preparing for climate change. Because there is no legal foundation in place, policy implementation seems to be lacking. Operations related to forest management have the potential to significantly aid in adapting to climate change. Therefore, creating a legal framework is crucial for putting these ideas into action. Based on the study and field based experience reports, the policies pertaining to forests and climate change should be updated to include these clauses (Paudel et al. 2019). In addition, raising awareness among policymakers about the importance and value of biodiversity conservation can promote support for conservation efforts.

15.6 Future Directions

Conservation is an interdisciplinary approach that requires a complex social-ecological system to be addressed. With the goal of directing and encouraging the execution of international accords as well as domestic laws, acts, strategies, and action plans at all (local, sub-national, and national) levels, Nepal’s legislative frameworks hold great promise. The intergenerational equity concept (CAS 2015; CBD 2022b) should serve as a guide for the legislative frameworks. They should also combine traditional ecological knowledge with scientific discoveries from the west and recognize the significance of science, technology, and innovations (CBD 2022b; Fromentin et al. 2023). Thus, a timely review of biodiversity conservation-related policies and legal frameworks at the central, provincial, and local levels is urgently required to identify gaps and constraints and develop, revise, and implement related policies and legal frameworks in accordance with appropriate international multilateral agreements or treaties, as well as the Nepali Constitution. All opportunities and challenges identified in Section 15.5 need to be considered during the review process. Moreover, the pending bills at three tiers (federal, provincial, and local) need timely approval.

The Conference of the Parties (COP) recommended that all tiers of governmental bodies—central, provincial, and local—as well as society at large be responsible for implementing policies and legislative frameworks related to plant conservation in Nepal. Therefore, political will and recognition at the highest levels of government, along with action and cooperation from all social actors, are necessary for plant diversity conservation to succeed (CBD 2022). The 2030 Agenda for Sustainable Development (CBD 2022a) should prioritize fair and reasonable distribution of benefits that result from utilizing genetic resources, sustainable use of biodiversity, and conservation of biodiversity at the same time through legal frameworks.

The legal framework ought to acknowledge the significant connections that exist between biological and cultural diversity. Consequently, they ought to incorporate the indispensable roles that indigenous peoples and local communities (IPLCs) play as crucial authorities in the areas of plant preservation, restoration, and sustainable use. The effective application of the legislative framework depends in large part on gender parity, women and girls’ empowerment, and the reduction of inequities (CBD 2022). As a result, it is necessary to create, amend, and execute significant legal frameworks for benefit sharing and biodiversity protection in conformity with relevant international multilateral conventions and pacts as well as Nepal’s Constitution.

There is a need for a joined landscape tactic that addresses the subjects of conservation, livelihoods, equity, and development by involving the participation of numerous stakeholders, including the Government of Nepal, NGOs, academic institutions, the public and private sectors, and community and social organizations, at all levels (federal, provincial, and local) (see Chaudhary et al. 2020 for a review). Transboundary collaboration, as addressed by Xu et al. (2019) and Angelstam et al. (2020), is also viewed as being essential to the conservation and sustainable use of biodiversity in Nepal, as transboundary frontiers are growing along international borders in a number of different parts of the world.

Resolving issues concerning overlaps and inconsistencies in statutory regimes, policies, and plans and power devolution to the sub-national and local governments, clarifying roles and responsibilities at all tiers of government, gaps in the implementation of international commitments, customary laws, financial incentives, and human well-being conservation-oriented development activities will help strengthen the implementation and enforcement of legislative frameworks in Nepal. There is an urgent need to revise the National Biodiversity Strategy and Action Plan (NBSAP), which is a key tool for putting biodiversity policies into practice and reaching attainable targets and goals in terms of the shared authority and powers between the federal, provincial, and local governments as stated in the 2015 Constitution of Nepal.

Successful implementation of ongoing donor-funded technical assistance on biodiversity-related programs to boost conservation efforts would set a good example for biodiversity conservation in the country; however, the progress of the implementation of biodiversity conservation-related national programs, including the National Pride Project, is poor. Hence, the government at all tiers (federal, provincial, and local) has to take immediate measures to ensure effective implementation and monitoring of the program. Investment in field research is equally crucial to the effective implementation of biodiversity conservation programs.

In conclusion, sincere political commitment, mainstreaming conservation issues at various national, sub-national, and local levels, mainstreaming the protection of biodiversity into pertinent cross-sectoral and sectoral theme areas, need-based financial availability at all levels, and enhanced collaboration, cooperation, and synergies among the international and national stakeholders are all necessary for the full implementation of the legislative frameworks. This will provide opportunities for biodiversity conservation by addressing technical, environmental, social, economic, cultural, customary, governance, and institutional aspects, as well as promoting international and transboundary regional cooperation.

Notes

1.
Prior to the enactment of the Forest Act of 2019, forest conservation areas were called protected forests. After the enactment of the Forest Act of 2019, all the protected forests were automatically transformed into forest conservation areas (Forest Act 2019, Section 17(1)).
2.
Organization means the National Plant Protection Organization as designated or specified by the Government of Nepal pursuant to the Act’s Section 6.
3.
“Proposal” refers to a proposal developed in connection with the execution of any development work, physical activity, or change in land use related to any plan, project, or program that may result in a change in the existing environmental circumstances (Sect. 2). The term proposal has been gradually defined to encompass a plan (Section 2K). According to the prevailing view, the definition of the word proposal is restricted to projects, and hence the Act only requires EIA at the project level and does not encompass plans, policies, and laws (Belbase 1998).
4.
Thaha Municipality’s Local Forest Act 2023, Volume 2079, No.1, Local Gazette, 18 January 2023 (2079 Magh 4)
5.
Tulsipur Sub-Metropolitan City’s Forest Act 2018. It was passed by Tulsipur Sub-Metropolitan City’s Municipal Assembly on August 16, 2018 (2075 Shrawan 31). As the version that is published in Local Gazette is not available, it is not possible to say whether it was published or not.
6.
Forest Act formulated for the Management of Forest that are Inside Barbardiya Municipality’s Area, Volume 5, No.1, Local Gazette, 7 February 2022 (2078 Magh 24)
7.
Urlabari Municipality’s Local Forest Act 2023, Volume 5, No.9, Local Gazette, 9 February 2023 (2079 Magh 26)
8.
Shuklaphanta Municipality’s Local Forest Act 2023, Volume 6, No.5, Local Gazette, 9 January 2023 (2079 Poush 25)
9.
Instead of these provisions relating to forest management system, the Forest Acts of Bagmati Municipality,
Thaha Municipality, and Tulsipur Sub-Metropolitan City require giving priority to community forest.
10.
Bagmati Municipality’s Forest Act 2020 was passed by Bagmati Municipality’s Municipal Assembly on July 9, 2020 (2077 Ashadh 25). As the version that is published in Local Gazette is not available even on the Municipality’s website, it is not possible to say whether it was published or not.
11.
Bagmati Municipality’s Forest Act has slightly rephrased this right as follows: travel to historical, cultural, and religious sites that are inside the national forest area in an unrestricted manner and support the local government in conserving, managing, utilizing, and keeping sites in control.
12.
Bagmati Municipality’s Forest Act has slightly rephrased this right as follows: local government must make arrangements to provide reasonable compensation from the concerned agency for the human, domestic animal, and local communities’ crops affected by wildlife from the national forests, and provisions will be made to provide reasonable relief to the concerned group and staff or those who have management responsibility who meet an accident while controlling a forest fire or while managing forests.
13.
Bagmati Municipality’s Forest Act has again slightly changed this provision, as every user must support the local government by directly participating in the management of wetland areas and national forests.
14.
Shuklaphanta Municipality’s Local Forest Act 2023, Volume 6, No.5, Local Gazette, 9 January 2023 (2079 Poush 25)

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Acknowledgments

We extend our sincere thanks to Dr. Maan B. Rokaya for his generous help and for providing valuable suggestions on the preparation of the chapter. We are grateful to Prof. Dr. Krishna K. Shrestha, Dr. Lila N. Sharma, Dr. Shiva Devkota, Prabin Bhandari, Dr. Shanta Budha-Magar, and Ms. Pratikshya Chalise for providing some photographs of protected and threatened plant species in Nepal.

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Research Centre for Applied Science and Technology (ReCAST), Tribhuvan University, Kirtipur, Kathmandu, Nepal
Ram P. Chaudhary & Chandra K. Subedi
Ministry of Forests and Environment (then Ministry of Forests and Soil Conservation), Kathmandu, Nepal
Surya P. Joshi
Nepal Foresters Association, Kathmandu, Nepal
Sagar K. Rimal
Environmental Public Interest Lawyer, Senior Environmental Advocate, Supreme Court, Kathmandu, Nepal
Narayan Belbase

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Ram P. Chaudhary
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Sagar K. Rimal
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Institute of Botany, Czech Academy of Sciences, Pruhonice, Czech Republic
Maan Bahadur Rokaya
Institute of Tibetan Plateau Research, Chinese Academy of Sciences, Beijing, China
Shalik Ram Sigdel

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Chaudhary, R.P., Joshi, S.P., Rimal, S.K., Belbase, N., Subedi, C.K. (2024). Plant Diversity Conservation in the Nepal Himalaya: Status, Policies, and Legislative Frameworks. In: Rokaya, M.B., Sigdel, S.R. (eds) Flora and Vegetation of Nepal. Plant and Vegetation, vol 19. Springer, Cham. https://doi.org/10.1007/978-3-031-50702-1_15

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