On April 24th, the Policy and Research Department of China Biodiversity Conservation and Green Development Foundation (CBCGDF) submitted a proposal to the Rural Office of the Standing Committee of the Beijing Municipal People's Congress on the "Beijing Wildlife Protection and Management Regulations (Draft)" and on March 18, 2020, submitted the recommendations on the "Beijing Wildlife Protection Regulations (Draft for Comment)" to the Beijing Municipal Bureau of Landscaping and Greening. On March 24, 2020, the Rural Office of the Standing Committee of the Beijing Municipal People's Congress once again solicited opinions from the society on the "Regulations."

After research and discussions, the following recommendations were made to continue to advance the Beijing Municipality to formulate a high-level and effective “Regulations”.

I. Highlight the legislative purpose of maintaining biosecurity

The Regulations should effectively implement the Decision of the Standing Committee of the National People's Congress on the Comprehensive Prohibition of Illegal Wildlife Trading, the Elimination of Abuse of Wild Animals, and the Effective Protection of People's Health and Safety (hereinafter referred to as the "Decision"), and form a good connection with the “Biosecurity Law” being formulated by the state, highlighting the legislative purpose of maintaining biosecurity, protecting people's lives and public health, and reflecting the new requirements of wildlife protection and management in the new period.

It is recommended to amend Article 1 of the General Rules of the Regulations to read: "In order to strengthen the protection and management of wildlife, maintain biodiversity and biosecurity, prevent major public health risks, and ensure ecological balance. Promote the construction of ecological civilization in the capital, promote the harmonious coexistence of man and nature, and protect the health of the people and public health, according to the laws and administrative regulations of the ‘Wildlife Protection Law of the People ’s Republic of China’ and the ‘Decision of the Standing Committee of the National People ’s Congress on the Comprehensive Prohibition of Illegal Wildlife Trading, the Elimination of the Abuse of Wild Animals, and the Effective Protection of the People ’s Health and Safety’, according to the actual situation of the city, these regulations are formulated. "

II. Expand the scope of wildlife protection, pay attention to the protection of genetic resources

In order to adapt to the new requirements of wildlife protection and management in the new period, it is recommended that the "Regulations" expand the scope of wildlife protection and management. The protection of genetic resources is an important part of wildlife protection and management, which is directly related to the maintenance of national biological safety. At present, China's wildlife genetic resources are lacking in protection, and illegal losses are prominent. The "Regulations" are lacking in the protection of wild animal genetic resources. It is recommended that genetic resources be included in the protection scope of the "Regulations".

It is proposed to amend Article 2 of the General Provisions to read: "Relevant activities of wildlife and its genetic resources, habitat protection, wildlife hazard prevention and supervision and management within the administrative area of this Municipality shall apply to these Regulations, but laws and administrative regulations unless otherwise specified. "

Amend Chapter 2 to "Protection of Wild Animals and Their Genetic Resources and Habitat” and add an article "Protection of Genetic Resources" after Article 11.

III. Establish the principles of "universal protection, comprehensive fasting, prudent use, risk prevention, public participation, and responsibility for damage"

The current "Regulations" implement the principle of "full protection, strict supervision, and safety guarantee" for wild animals, but the full text lacks the content of biosafety and public safety and health risk prevention. A comprehensive ban on eating has been clearly stipulated in the "Decision" of the Standing Committee of the National People's Congress. The provisions on information disclosure and public participation are insufficient. The provisions on liability for damage are relatively few, which is not conducive to the comprehensive promotion of wildlife protection and construction the national biosecurity barrier.

The third article of the General Recommendations recommends that the "legislative principles" be amended to read: "This Municipality implements the principles of universal protection of wild animals, comprehensive ban on eating, prudent use, risk prevention, public participation, and responsibility for damage".

Among them, universal protection refers to the need to adjust the existing wildlife protection classification structure to cover all wild animals, that is, the national key protected wild animals, the city's key protected wild animals, and other wild animals; The comprehensive ban on eating refers to the implementation of the requirements on the comprehensive ban on the consumption of wild animals in the "Decision" of the Standing Committee of the National People's Congress; Prudent use refers to the principle of prohibiting commercial use as a general principle and can be used as an exception; Risk prevention refers to scientifically assessing the risks caused by the use of wild animals, or illegal damage or destruction, and formulating measures for prevention and response; Public participation refers to the wide participation of the entire society in wildlife protection, including legislation and policy formulation, licensing and enforcement, publicity and education, as well as reporting and supervision; Liability for damage refers to the damage or damage to wild animals caused by violations of laws and regulations, and is liable for compensation, which can greatly increase the cost of violations and curb crimes involving wildlife.

IV. Establish a mechanism for the People ’s Government to report annual wildlife protection and management to the National People ’s Congress

Implement the provisions of the "Regulations" that "the people's governments of cities and districts should strengthen their leadership in the protection and management of wild animals" and increase the supervision of the management and enforcement of government departments. It is recommended that an additional article be added after Article 4 of the Regulations, and local people's governments at or above the district level shall annually report to the people's congresses at the same level on the protection and management of wildlife and make them public.

Original Chinese article:

http://www.cbcgdf.org/NewsShow/4854/12202.html

By / Maggie