Nepalese Aquatic Animal Protection Act defines an aquatic animal as “any animal living in the water.” This definition might be vague because there are such animals that are considered aquatic, although not living in waters all of their time - some animals live near the water and still are recognized as aquatic animals. Water, in accordance with the Act, is “the water of a lake, daha, rill, stream, river, canal, pond, ditch, reservoir, artificial reservoir, wetland, craze installed for aquaculture and paddy field where aquaculture is done and includes their sources.” (Section 2)
The Act prohibits the use of “any kind of electric current, explosive substance or poisonous substance with intention of catching and killing any aquatic animal in any water.”
The Act also contains the provisions with regard to the regulations exercised by the governmental agencies.
Moreover, the Act provides that any person building a dyke for “electricity, water supply, irrigation or any other purpose shall build a fish ladder to the extent possible so that the movement of aquatic animals is not affected.” If it becomes impossible to build a fish ladder, an authorized body shall provide an “aquatic animal hatchery and aquatic animal nursery in such place or in an area in vicinity thereof for the purpose of having artificial breeding of aquatic animals.” (Section 5B)
Section 8 of the Act provides punishments for violating certain clauses, e.g, Section 3 or 3A. In case of violation, a person shall be penalized with a fine not exceeding NPR 5000 (USD 43), and the compensation equal to the amount in controversy shall also be recovered according to the gravity of the offense, in the event of any loss or damage caused from such violation.
Wild animals in Nepal are protected by the National Parks and Wildlife Conservation Act. Wildlife in the Act is defined as “mammals, birds, reptiles, pieces, amphibians, and insects of any kind other than domesticated and this term also includes the eggs of Oviparous creatures.” In the national park, it is prohibited without written permission to hunt wildlife; graze any domestic animal or bird, feed or water them, etc. (Section 5) The Act lists certain species of animals in its Schedule-1 and it is prohibited to hunt those species. (Section 10) It is also not allowed to hunt wildlife without an appropriate license. (Section 11)
A person who illegally kills, injures, sells, purchases, transfers, or obtains “rhinoceros, tiger, elephant, musk deer, clouded leopard, snow leopard, or bison, or keeps, purchases, or sells rhinoceros horn or musk-pods or the fur of snow leopard, as well as trophies of any other protected wildlife”, is punished with a fine NPR 50-100 (USD 0.42-0.85) or imprisonment 5-15 years, or both. A person hunting or killing, or injuring wildlife “other than birds and fish inside a national park, strict nature reserve or wildlife reserve without obtaining a license” is penalized with a fine NPR 1000-10 000 (USD 8.5-85), or imprisonment 6 months-2 years, or both. A person who hunts and kills or injures protected birds is punished with a fine NPR 500-10 000 (USD 4-85), or imprisonment 3 months-2 years, or both. (Section 26)
The Penal Code of Nepal criminalizes certain acts with regard to animals. With that being said, it is prohibited to treat animals and birds recklessly, in particular, “knowingly or recklessly omit to take such precautionary measure with that animal or bird as is necessary to guard against or prevent any probable danger to cause the death of or grievous hurt to anyone from such act or from such animal or bird.” Such acts are penalized with a sentence of imprisonment for a term not exceeding 1 year or a fine no more than NPR 10 000 (USD 86), or both.
The Code also prohibits sexual intercourse with an animal. (Section 227) Violating this provision results in the imprisonment of no more than 2 years and a fine not exceeding NPR 20 000 (USD 172) in case if the person entered into sexual intercourse with a cow. In other cases (other animals), the penalty is imprisonment of no more than 1 year and a fine not exceeding NPR 10 000 (USD 86).
Chapter 27 of the Code is dedicated to the offenses against animals and birds. It is not allowed to act with the intention to kill or causing hurt to any cow or ox. (Section 289) It is also prohibited to torture any animal or bird by beating, hitting, or causing to carry a load beyond the animal’s capacity, etc. (Section 290)