By Yuhan Li and the Oxford Martin Programme on the Illegal Wildlife Trade team, University of Oxford
Originally published on the Interdisciplinary Centre for Conservation Science
A “wild” public health issue
On February 24th 2020, China’s top legislature adopted a decision to “thoroughly ban the illegal trading of wildlife and eliminate the consumption of wild animals to safeguard people’s lives and health.” The decision has binding force and it took effect on the same day as its promulgation, i.e., February 24th [5,6].
This article provides a detailed explanation of this decision and is based on discussions within the Oxford Martin Programme on the Illegal Wildlife Trade at the University of Oxford and consultations with Shanshui Conservation Center, based at Peking University in China.
Consumption of terrestrial wild animals for edible uses prohibited
As COVID-19 is assumed to have close links with the consumption of wild animals, the new decision prohibits the eating of terrestrial wild animals, including those that are bred or reared in captivity. Hunting, trading and transporting terrestrial wild animals for the purpose of consumption is also prohibited .
This is a big move. Previously, only the 402 species on the List of Wild Animals Under State Priority Conservation were banned from consumption as wild meat in China . However, this list is outdated and does not correspond to the conservation status of some species . Consumption of other wild terrestrial animals was permitted, subject to obtaining appropriate certificates (e.g., hunting, breeding, quarantine, trade) from the government. However, this certification system was sometimes poorly implemented. Buying a certificate and using it for “laundering” of wild-caught animals was possible .
Which species which are currently consumed are not included in these new measures?
Although this new ban was quickly celebrated by the media and some in the international conservation community, there are several nuances and exceptions that must be clarified.
- Aquatic wildlife, expect these banned from edible use by the Wildlife Protection Law (2018), is exempt, because the National People’s Congress (NPC) views “fishing as a natural resource and an important agricultural product, as well as a common international practise” . This means, for example, sea cucumbers and other widely consumed species will continue to be traded under the same rules as before.
- Wild plants are not included in the ban.
- Farmed amphibians and reptiles on the List of National Key Protected Aquatic Wild Animals for Farming and the List of National Key Protected Economic Aquatic Animals and Plants Resources, such as the giant salamander, softshell turtle and crocodile, currently can still be consumed, until new regulations from the Ministry of Agriculture are annouced.
- Farmed, terrestrial animals on the List of Genetic Resource of Livestock and Poultry can now be traded for food consumption. A publicly available version of this list can be found in a report to UN Food and Agriculture Organisation, and includes various breeds of pig, chicken, duck, goose, special poultry (e.g., ostrich), cattle, sheep, goat, horse, donkey, rabbit and deer . Mink and raccoon dog are also on the list, possibly due to demand for their pelts. Previously, some species not in the list could be farmed (e.g., civets and bamboo rats) but farming these species is now illegal, if they are to be consumed as food. The Chinese government plans to revise this list and the changes would impact certain species and industries.
What about non-edible uses?
Non-edible use of wild terrestrial animals, such as scientific research, medicinal use, and display, are still regulated by existing laws, such as the Wildlife Protection Law (2018) and the Traditional Chinese Medicine Law (2016) . For example, it remains legal to use processed pangolin scales from a certificated source, or bear bile from legal farms for medical purposes, or stockpiled saiga horn. This means that a substantial number of species of conservation concern are unaffected by the ban.
What about the illegal trade?
Some wildlife trade is already illegal (e.g., tiger, ivory) in China, and the Chinese government has announced it will clamp down further on such trade with “aggravated punishment”, suggesting stronger penalties will be used for illegal wildlife trade. In the existing Criminal Law and its interpretation (2014), if the circumstances are especially serious, life imprisonment or death shall be sentenced .
Further details are not currently available but should become clear in forthcoming legislation. Since the rise of COVID-19, the Chinese government has investigated over 600 cases of wildlife crime , and hopefully, this greater focus on law enforcement will become the norm.
What about the Chinese public’s views?
Winners and losers
People in the farmed wild animal industry could face severe economic losses as a result of this new legislation. Previously, the farming of certain wildlife species was encouraged by the government to help alleviate poverty . The wildlife farming industry is estimated to have created employment for more than 14 million people and worth over £56 billion, with pelt production (e.g., mink, raccoon dog, fox) representing 74.8% and food consumption involving species such as the giant salamander, frog and blue peacock, 24% . The National People’s Congress spokesman stated that local governments should guide these farmers towards other industries and provide compensation for their losses . Meanwhile, what happens to the captive-bred animals remains uncertain, with potential implications for animal welfare.
It has taken so much human suffering to bring attention to this issue. However, the speed with which this new decision has been taken offers hope that the lessons of COVID-19 will be learned.
Special thanks to Melissa Arias, Dan Challender, E.J. Milner-Gulland, Xuesong Han, Amy Hinsley, Xilin Jiang, Zhi Lu, Xiao Mao, Jessica Philips, Michael ’t Sas-Rolfes, Terry Townshend, Lingyun Xiao, for their valuable comments and edits to this blog.
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