On February 25, 2020, China Biodiversity Conservation and Green Development Foundation (CBCGDF) formally submitted the ten proposed amendments to the Wildlife Protection Law to the Legislative Affairs Commission of the Standing Committee of the NPC of China. The following is to share the full text of these recommendations. At the same time, we welcome further comments and suggestions from all walks of life in the community to jointly advance the amendment of the Wildlife Protection Law.

February 24, 2020

Recommendations on Amending the "Wildlife Protection Law of the People's Republic of China"

Legislative Affairs Commission of the Standing Committee of the NPC of China,

We are pleased to hear that your commission has initiated the revision of the Wildlife Protection Law of the People's Republic of China. China Biodiversity Conservation and Green Development Foundation (hereinafter referred to as the CBCGDF) firmly supports. After special research and discussion organized by CBCGDF, we propose the following amendment recommendations:

I. Increase the legislative purpose of “maintaining ecological security” and “ensuring public health security”

The existing "Wildlife Protection Law" statement on the legislative purpose does not deeply reflect Xi Jinping's thoughts on ecological civilization and lacks provisions on ecological safety and public health safety. It is recommended to add relevant regulations to reflect the importance of protecting wildlife is to maintain ecological security, and thus national strategic security. At the same time, do a good job in protecting wildlife, fundamentally eliminate the hidden dangers of epidemic sources and diseases, and ensure public health safety.

Therefore, it is recommended that the general article 1 be amended to “enact this law in order to protect wild animals, save precious and endangered wild animals, maintain biodiversity and ecological security, safeguard public health and safety, and promote ecological civilization.”

II. Establish the principles of “full protection, prudent use, risk prevention, public participation, and liability for damage”

The existing "Wildlife Protection Law" does not clarify the basic legislative principles in the provisions, which is not conducive to the guidance of specific provisions. It is proposed to add a new clause to the general rule: "Wildlife protection adheres to the principles of comprehensive protection, prudent use, risk prevention, public participation, and liability for damage."

Among them, comprehensive protection means that the existing classification structure of wildlife protection should be adjusted to cover all wildlife, that is, national key protected wildlife, local key protected wildlife, and general wildlife.

Prudent use refers to insisting on "prohibition of use" as a general principle and "may use" as an exception, laying the foundation for the amendment of the law to establish a concession system for the use of wild animals.

Risk prevention refers to scientifically assessing the risks caused by the use of wild animals, or illegal damage and destruction, and formulating preventive and response measures.

Public participation refers to the protection of wild animals. It is necessary to mobilize the broad participation of the whole society, including legislation and policy formulation, permit use and enforcement, publicity and education, and reporting and supervision.

Responsibility for damage refers to the violation of laws and regulations that has caused damage to the protection of wild animals, and it is necessary to bear the liability for compensation, which will help to substantially increase the cost of illegal activities and curb illegal crimes involving wildlife.

III. Establish a National Biological and Scientific Ethics Committee and formulate the strictest licensing system for wildlife use

The "Wildlife Protection Law" should be based on the idea of comprehensive and strict protection. Wildlife should be used with care. Except for the public interest needs of the whole society, other uses are not allowed.

It is recommended to establish a national ethics committee on biology and science, to include experts and scholars with backgrounds in wildlife-related disciplines, representatives of social organizations, etc. as members, to develop a list of licensed wildlife use, and to conduct scientific evaluations and recommendations on the use of genetic resources of wildlife.

Where wild animals are used for the needs of public interest such as scientific research, education, medicine, etc., the State Council and relevant competent departments shall formulate application conditions and acceptance procedures to ensure traceability. Hearings shall be conducted on the use licenses involving rare and endangered wild animals peculiar to China, and information shall be disclosed in the whole process.

The directory of enterprises that have obtained the wild animal licensed use shall be fully publicized. Once there are relevant illegal acts, they shall be included in the management blacklist, and their involvement in wildlife related industries shall be prohibited for life.

The state encourages Chinese medicine companies to develop alternative medicinal materials, gradually reducing and eventually not using wild animals and their products.

IV. Complete prohibition of commercial domestication and breeding of wild animals

At present, the problems brought about by domestication and breeding of wild animals are very prominent. The most important thing is that the idea is to encourage and guide the public to consume wild animals, including food, which is directly contrary to the idea of ecological civilization. At the same time, in the name of domestication and reproduction, the phenomenon of "whitewashing" the wild animals in the wild is prominent, and the hidden dangers of waste disposal and quarantine security brought by domestication and reproduction of wild animals are prominent.

In addition, some commercial domesticated and breeding wild animals have problems with invasive alien species, threatening biodiversity, and easily causing ecological security problems. Such as breeding and eating bullfrogs, was included in the "National List of Key Management of Invasive Alien Species (First Batch)" issued by the Ministry of Agriculture in 2003. Therefore, it is suggested that the amendments to the "Wildlife Protection Law" completely prohibit commercial domestication and breeding of wild animals, prevent the profit of a few businesspeople, and damage the well-being of all citizens.

V. Establishing the idea of ecological civilization, insisting on a complete ban on the consumption of terrestrial wildlife, and adherence to the state's protection of aquatic wildlife

The outbreak of SARS virus in 2003 and this year's COVID-19 epidemic basically confirmed that the source was caused by overeating wild animals. The cost was quite serious, and the lesson was very painful! It is suggested that this revision of the Wildlife Protection Law truly establishes the thought of ecological civilization, respect life, revere life, be ashamed of eating wild animals, abolish bad habits, completely ban on the consumption of terrestrial wild animals, adhere to the state's protection of aquatic wild animals, and eliminate hidden dangers to public health and safety. Among them, terrestrial wildlife includes those living in the wild, and terrestrial wildlife that are artificially bred and raised.

It is proposed to add a new provision to the general rule: "The State completely prohibits individuals from purchasing, holding, and consuming terrestrial wildlife and the state protects aquatic wildlife", and will link the purchasing, holding, and consuming wild animals and personal credit in the legally responsible part, to increase the cost of its violations.

VI. Strictly crack down on illegal wildlife trading and illegal sale of hunting tools on online platforms, and strengthen supervision of express and logistics transportation

At present, the illegal transactions of wild animals and their products, illegal hunting tools through online platforms, have shown a trend of large-scale and hidden development, which is an important factor in stimulating the illegal international wildlife trade and has become a typical negative influence on China's international image.

In order to control the illegal wildlife trade and illegal hunting tools from the source, it is suggested that the amendment of the Wildlife Protection Law should increase the legal responsibilities assumed by the online platforms, and urge them to strengthen their due diligence management, otherwise they must undertake joint liability for damage to wildlife.

In addition, the illegal trade and transportation of wild animals through the express logistics industry is increasing. It is recommended that clauses be added to the article to stipulate that express logistics and other industries must not provide transportation services for illegally traded wild animals, or they will bear joint and several liabilities.

By / Maggie