The discussion extends into three directions based on the findings here above. The first direction relates to drivers of biodiversity crime and its situation into a framework of social-ecological systems under exogenous vs. endogenous pressures. Within the incumbent conceptual framework of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) (Diaz et al. 2015), core literature proposes long series of higher-order multiple and interdependent causes of- and effects upon- social-ecological systems that drive the failing implementation of conservation policies. External abrupt shocks or transient pressures upon individuals and their communities' economic and social status are shown to provoke significant endogenous pressures upon the state of biodiversity and ecosystem service provision units (e.g., Roosenvell et al. 2010). Misbehavior against- and misappropriation of- biotic resources have been related to the economic downturn in various biomes and human development conditions (e.g., South East Asia, Dauvergne 1999; Venezuela, Rodriguez 2000; Greece, Lekakis and Kousis 2013; ΧΧΧΧ and ΧΧΧΧ 2020). Further, change of regime (e.g., Robinson and Milner-Gulland 2003), war (e.g., Geist and Lambin 2001; Duffy 2014; Douglas and Alie 2014; Runhovde 2017; Liévano-Latorre et al. 2021), corruption (e.g., Gore et al. 2013), but also culture and religion (e.g., Grainger 1993) and the abrupt penetration of science and technology into local socio-ecological setups (e.g., Lambin et al. 2006) are proposed as disruptive conditions altering the effectiveness of public conservation policy implementation. Recently, the Covid-19 pandemic and global human confinement conditions, including the ban of hunting and fishing, have also been related to ambivalent conservation efficiency issues (e.g., Bates et al. 2020). Such empirical cases are related to various degrees to biodiversity crime, e.g., poaching, illegal logging, and fishing, in the sense of non-compliance to- or voluntary violation of - conservation rules (e.g., Solomon et al. 2015) through mechanisms relating to market distortions and administration incapacities (ΧΧΧΧ and ΧΧΧΧ 2020). Interestingly, similar criminogenic mechanisms have been proposed or predicted to apply during and after the Covid-19 pandemic human confinement, even within protected areas (e.g., Koju et al. 2021).
However, the analysis of the multivalent problem of biodiversity crime should not rely upon episodic or short-term anomalies of social-ecological systems’ trajectories. Instead, it should focus on long-term chronic pressures generated by illegal deviations in activities such as endemic and/or endangered species trade -including trophies or biological material collection, uncontrolled wet meat markets, the need for household food appropriation such as the bushmeat case, specialized industry interests -including equipment and services supply, or the operations of organized biodiversity-crime hierarchies. In that perspective, the discussion on biodiversity entrapment into poverty (e.g., Adams et al. 2004; Barrett et al. 2011) and the debate on price-determining vs. price-determined valuation of biodiversity (e.g., Farley 2008) might constitute a guiding analytical framework relating to willingness-to-pay for illegal biological material or misuse of biotopes. This relates to the dominant assumption of Law enforcement authorities that environmental and biodiversity crime is directly linked to the search for illicit profits (e.g., Ayling 2013; Leberatto 2017). Under both conditions, i.e., transient vs. chronic pressures, it seems preferable to adopt a terminology of ‘mechanisms enabling’ biodiversity crime that allows avoiding the ‘blaming of the poor’ for biodiversity loss if criminal activities are decoupled from poverty and social justice issues (Lynch et al. 2017).
The second direction of the discussion relates to the need for developing an ontology for biodiversity crime. Such ontology should be conceptually simple to reach, intrigue positively and energize the public interest as to the connections between biodiversity crime and unsuccessful conservation. It should be explicit, allowing for conceptual enrichment in a way that facilitates interdisciplinary collaboration, transnational coordination, and ultimately judge's decision; for it addresses cases that might carry built-in ambiguity in expert terminology and semantics if examined from the perspective of different scientific disciplines. It should also be formal to avoid Courts oscillating for justice between incumbent administrative policies and choices regarding conservation (e.g., Blicharska et al. 2016); theoretical mismatches of general penal and biodiversity crime cases (e.g., Barton and Moran 2013); insufficient prosecution dossiers; insignificant judicial statistics, similar to those in unregistered crime (e.g., Stroh et al. 2016); and, theoretically unprepared benches and district attorneys (e.g., Rose 2011).
Figure 7 presents such an ontology and a typology of biodiversity crime. Classes of biodiversity crime are sets of concrete concepts defined by the Law; for example, a Person or Offender is not necessarily meant in the physical identity of a ‘biological individual’ but as a ‘personification’ through that individual of a rigorously defined criminal act. The same stands for the inverse case of the prosecuting law agent. Therefore a Class is a representation of a biodiversity crime concept relating to offense or prosecution. To make operational the proposed ontology, three Classes are necessary.
First, the Class of Malicious_Act lists in some strict way categories of offenses. According to the classification scheme, one Class might be described using a series of first order subClasses arranged in a sub-class/super-class hierarchy. For example, in Fig. 7, the Class Malicious_Act comprises five first order subClasses, i.e., illegal hunting, illegal logging, illegal fishing, trade, and collection. Each first-order subClass is further divided into second order subClasses. Therefore, a ‘Person’ who destroys nests of a bird species, be it Red-listed or not, is committing an offense of the subClass Collection of the Class Malicious_Act. Where the boundaries of a Class with its subClasses are set is a matter of classification of functionality, rigorousness in the legal definition of acts, and similarity between them. For instance, viewed from the standpoint of conservation biology, the second-order subClass_Prohibited_technique in the subClass Illegal_hunting as a case of the Class Malicious_Act is functionally similar, not to say identical, to the correspondent in the subClass Illegal_fishing; for a poacher might use banned equipment to attract flocks of waterbirds to shoot massively and/or he might use dynamite to collect fishes massively in the same wetland. The only distinction between these acts lies with the relevant Law qualifying the act, the Law on Hunting in the first case and the Law on Fishing in the latter.
The second Class refers to Responsibility. The penal system recognizes two first-order subClasses: objective and subjective responsibility, which are divided into second-order subClasses. Within the subClass Objective_responsibility, the distinction is made between Act, Attempt, and Negligence when a single individual perpetrates the crime. Commission as a second-order subClass involves a third person and is usually treated through prescriptions included in another range of the criminal Law. The Commission might be of critical importance in organized crime cases –a class that is repeatedly observed in the illegal logging/smuggling case where a hierarchy of roles should be judged. Within the subClass Subjective_responsibility, the distinction is made between Intentional and Unintentional crime.
The third Class refers to the actual provisions of the Law, i.e., the Articles that define the specific crime and predict criteria of application and sanctions. It should be noticed that both national and international legal framework governing forests, fisheries, various categories of protected areas and species, land use, and spatial planning predicts hundreds of Articles, clauses, and sub-categories about all probable and improbable situations. It indeed leads to Elliott’s (2017) conclusions on legal system mis-performance due to its inherent complexity, indeterminacy, and ambiguity.
The three Classes share a common characteristic; they describe the conditions to be satisfied, so an individual case is assigned to a specific type of biodiversity crime. Therefore, links between classes are necessary; these links are common properties within a given domain of knowledge. A given set of properties characterizes a group of individuals that should be treated equally by the penal system. For example, all hunters who intentionally shot a listed brown bear within a PA pertain in the same group of penal treatment. On the contrary, hunters who shot a wild boar intentionally in the same PA are not, but they might pertain in other Classes and/or subclasses of the same legal framework; for they all committed the crime of hunting within the PA, but one species is Red-listed, and the other is not. This Class should be further enriched with twin Laws on Hunting and/or Conservation.
The third direction relates to conceptual similarities of biodiversity crime with other modern forms of crime, as typified by Europol (SOCTA 2021). As shown in Table 2, we propose a scheme of correspondence between crime types to which the public is conceptually acquainted and their ontological equivalent in the domain of biodiversity. We assume that such an approach might help overcome the public's limited interest in- and understanding of- the various facets of biodiversity crime, individual responsibility issues, and the mechanics of organization, operation, financing, or money laundering of such criminal activities and networks.
Table 2
Examples of correspondence between modern criminal activities, as typified by Europol (SOCTA 2021), and biodiversity crime.
Criminal activities
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Biodiversity crime equivalent
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Examples
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Genocide
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Interspecies genocide
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6th mass extinction
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Cyber-dependent crime
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Intrusion to sites of conservation importance
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Hunting in protected areas
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Trafficking of human beings
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Trafficking of protected species
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Violation of CITES Convention
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Smuggling of people
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Smuggling of biotic resources
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Transborder commerce of stolen wood
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Waste crimes
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The commerce of banned and hazardous substances/materials
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Violation of the Vienna Convention and the Montreal Protocol for the ban of ozone-depletion substances
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Organized property crime
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Trespassing private game refuges
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Illegal fishing in aquaculture installations
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Trade in illegal firearms and explosives
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Hunting and fishing gear and equipment
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Fishing with dynamite and banned nets
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