Illegal Wildlife Trade Is Comprehensively Banned Nationwide, Violators Will Face Heavy Penalties
In this COVID-19 outbreak, the excessive consumption of wild animals is the “chief culprit”. In response, China has also taken corresponding measures, namely a comprehensive ban on illegal wildlife trade, with heavy penalties for violators!
1. Comprehensive ban on illegal wildlife trade!
1. Issuing decrees
In order to comprehensively ban and punish illegal wildlife trade, eliminate the bad habit of excessive consumption of wild animals, safeguard biosafety and ecological security, effectively prevent major public health risks, effectively protect the life and health safety of the people, strengthen ecological civilization construction, and promote harmonious coexistence between humanity and nature, the 16th session of the Standing Committee of the 13th National People's Congress voted on the afternoon of the 24th to pass the decision on comprehensively banning illegal wildlife trade, eliminating the bad habit of excessive consumption of wild animals, and effectively protecting the life and health safety of the people. The decision takes effect on the date of promulgation.
2. Controls
Wherever the Wildlife Protection Law and other relevant laws prohibit the hunting, trading, transporting, or eating of wild animals, this must be strictly prohibited. The eating of terrestrial wild animals protected by the state as having “important ecological, scientific, and social value” as well as other terrestrial wild animals, including artificially bred and artificially raised terrestrial wild animals, is comprehensively prohibited. The hunting, trading, and transporting of terrestrial wild animals that naturally grow and reproduce in the wild environment for the purpose of eating is comprehensively prohibited.
2. Illegal wildlife trade is strictly prohibited, and violators will face heavy penalties!
The current Wildlife Protection Law focuses on the protection of wild animals, and the legal rules prohibiting their consumption are limited to wild animals under key state protection and other protected wild animals without lawful sources or quarantine certification. As for whether the eating of “three-have” wild animals (that is, “terrestrial wild animals with important ecological, scientific, and social value”) and other non-protected terrestrial wild animals is prohibited, the Wildlife Protection Law and other laws do not clearly provide. The newly issued decision, building on the Wildlife Protection Law, is oriented toward a comprehensive ban on eating wild animals, expands the scope of legal regulation, and establishes a system that comprehensively prohibits the eating of wild animals, so as to prevent and control major public health safety risks at the source:
1. First, it emphasizes that wherever the Wildlife Protection Law and other relevant laws explicitly prohibit the eating of wild animals, this must be strictly prohibited.
2. The eating of terrestrial wild animals protected by the state as having “important ecological, scientific, and social value” as well as other terrestrial wild animals, including artificially bred and artificially raised terrestrial wild animals, is comprehensively prohibited. 3. Those who violate the provisions of current laws shall be given heavier penalties on the basis of current laws; for illegal acts added by this decision, the relevant provisions of current laws shall be applied by reference in imposing penalties, so as to reflect stricter management and severe crackdowns.
3. What boundaries need to be properly understood regarding the comprehensive ban on eating wild animals?
1. Fishing for fish and other natural fishery resources is an important mode of agricultural production and is also a common international practice; the Fisheries Law and other laws have already regulated this. According to the provisions of the Decision, fish and other aquatic wild animals are not included in the scope of the ban on eating.
2. The more common livestock and poultry (such as pigs, cattle, sheep, chickens, ducks, geese, etc.) are animals mainly used for food and are managed in accordance with laws and regulations such as the Animal Husbandry Law and the Animal Epidemic Prevention Law. There are also some animals (such as rabbits, pigeons, etc.) whose artificial breeding and utilization have a long history, mature technology, and broad acceptance among the people, and the output value and workforce formed have reached a certain scale; some play an important role in poverty alleviation. According to the provisions of the Decision, these animals listed in the “Catalog of Livestock and Poultry Genetic Resources” stipulated by the Animal Husbandry Law also belong to livestock and poultry, and their breeding and utilization, including for food, shall be managed in accordance with the provisions of the Animal Husbandry Law and shall undergo strict quarantine.
3. In accordance with laws and regulations such as the Wildlife Protection Law, the Traditional Chinese Medicine Law, the Regulations on the Administration of Experimental Animals, and the Regulations on the Management of Urban Zoos, as well as relevant state provisions, wild animals may be used for non-food purposes due to special circumstances such as scientific research, medicinal use, and display; at the same time, a strict approval and quarantine inspection system shall be implemented in accordance with relevant state provisions. Regarding the non-food use of wild animals, the Decision requires the State Council and its relevant competent departments to promptly formulate and improve relevant approval and quarantine inspection provisions and strengthen approval and quarantine inspection management.