This article was published in China Aquatic Products Magazine No. 6, 2021, if you need to reprint, please indicate that it is reproduced from "China Aquatic Products".
<h1 class="pgc-h-arrow-right" data-track="40" > introduction</h1>
China's aquatic wildlife species are very rich, and there are many rare and endangered aquatic wildlife species. The newly adjusted Catalogue of Wild Animals under National Key Protection involves issues such as the expansion of the scope of protection of aquatic wild animals, the upgrading of protection, and the prominent focus. This paper analyzes the impact of the adjustment of the List on the protection, operation and utilization of aquatic wildlife resources, law enforcement and supervision, and puts forward the main measures to deal with these changes, so as to provide reference for all localities to better implement the protection of aquatic wildlife.
China's aquatic wildlife species are very rich, and some of them are rare and endangered aquatic wildlife, which is an important part of the list of wildlife under national key protection. On February 1, 2021, the State Forestry and Grassland Administration and the Ministry of Agriculture and Rural Affairs jointly issued the Directory of Wild Animals under National Key Protection (hereinafter referred to as the "List"), which systematically reconstructed the list of aquatic wild animals under national key protection, and the basis, procedures, requirements and competent departments for the protection and management of many aquatic wild animals were adjusted, which had a knock-on impact on resource conservation, aquaculture production, and industrial transformation. Therefore, it is necessary to study the relevant countermeasures after the adjustment of the List to better protect aquatic wildlife.
<h1 class="pgc-h-arrow-right" data-track="5" > main features</h1>
There are 302 species (294 species and 8 categories) of aquatic wild animals under the management of the fisheries department in the new "List", accounting for 30.56% of the 988 species (980 species and 8 categories) of wild animals listed in the list, and its main features are:
(1) Expansion of scope
The new "List" adds 215 species to the original 66 species of aquatic wildlife. There are 11 species of aquatic wild animals under national first-level protection, 204 species of aquatic wild animals under national second-level protection, and 49 species of aquatic wild animals under national second-level protection. So far, there are 256 species (249 species and 7 types) of aquatic wild animals under national secondary protection in the new "List", including all species of 7 major genera such as closed-shell turtle, goldenrod, fine-scaled salmon, seahorse, horn coral, stone coral, and feldsparaceae, which are 221 species (217 species and 4 categories) compared with the 35 species (32 species and 3 categories) of the old "List".
The national second-level protection has been upgraded to 21 species under national first-level protection, and 11 species of aquatic wild animals under national first-level protection have been directly added. So far, 46 species (45 species and 1 categories) of aquatic wild animals protected at the national level have increased by 33 species (12 species and 1 category) compared with the 13 species (12 species and 1 categories) of the old "List", an increase of 1.54 times.
(2) Highlight the key points
Among the new species, the main highlights are vulnerable species (VUs), endangered species (EN), critically endangered species (CR), regional extinct species (RE) and unassessed species, focusing on the protection of marine organisms such as corals, dolphins, sea snakes, etc., amphibians such as forest frogs, which are more affected by human activities, sensitive to ecological and environmental quality, and have a high rate of extinction, such as the 8 taxa in the new "List", corals (i.e., red corals, stony corals, feldsparidae and horned corals) account for half, 13 new species of threatened salamanders have been added.
<h1 class="pgc-h-arrow-right" data-track="12" > second, impact analysis</h1>
China is one of the countries with the richest aquatic wildlife species in the world and occupies a very important position in maintaining the world's biodiversity. The addition and upgrading of some aquatic wildlife species in the new "List" is precisely to put forward higher requirements for the protection, management and operation permits of aquatic wildlife in China.
(1) Higher requirements are put forward for resource protection and management
In 2018, China revised the Law of the People's Republic of China on the Protection of Wild Animals, and on August 27, 2019, the Ministry of Agriculture and Rural Affairs issued the Measures for the Assessment of the Value of Aquatic Wild Animals and Their Products, proposing to establish aquatic wildlife nature reserves, rescue and breeding bases, and collect endangered gene samples, which played an important role in protecting rare and endangered aquatic wildlife and their habitats.
With the rapid development of China's economy and society and the increase of human activities, the pressure on resources and the environment has increased, and problems such as engineering construction, transportation and shipping, environmental pollution, and overfishing have threatened the safety of China's water ecosystem, and the living conditions of aquatic wild animals that focus on protecting aquatic wildlife in the old "List" are facing huge challenges. The number of aquatic wild animals under key protection added or upgraded in the new "List" is large, but the lack of investigation into spawning grounds, migration channels, habitats and other areas of some species has brought greater challenges for subsequent investigation and evaluation, dietary research, habitat demarcation and other work.
(2) Higher requirements are put forward for the supervision of business utilization
According to important international legal documents such as the Convention on Biological Diversity and the CITES Convention, aquatic wild animals have multiple attributes and values such as ecology, economy, scientific research and education, and some species can be used scientifically and rationally while protecting their resources. In accordance with the "Concessionary Measures for the Utilization of Aquatic Wild Animals", China has rationally developed and utilized baby fish, spiny-breasted frogs, sturgeon, rouge fish and other aquatic wild animals listed in the national key protection list, including domestication and breeding, manufacturing of traditional Chinese medicine health products, processing handicrafts, exhibitions, performances, edible and sales, etc., and has become a characteristic industry for fishermen to get rich.
The new "List" of new aquatic wildlife species, some of which are fishing objects, some of which are breeding objects, from the "Fisheries Law" adjustment object to the "Wildlife Protection Law" and "Aquatic Wildlife Protection Implementation Regulations" adjustment object, that is to say, these aquatic wildlife species should be in accordance with the "Aquatic Wildlife Utilization Concession Measures" for business and utilization supervision and management, and in accordance with the "Wildlife Protection Law" and "Aquatic Wildlife Protection Implementation Regulations" to pursue legal responsibility for illegal fishing.
(3) Higher requirements are put forward for the quality of law enforcement personnel
The comprehensive quality of fishery administration law enforcement personnel is an important guarantee for the implementation of the protection of aquatic wildlife, and fishery administration law enforcement personnel must have excellent professional level in addition to political literacy. A total of 302 species are included in the new "List", covering polyps, hydrates, petal gills, leeches, cephalopods, gastropods, crustaceans, limbs and mouths, cartilaginous fishes, teleost fishes, amphibians, reptiles, etc. The regional distribution, biological diet, breeding characteristics, and migratory laws of each class species are also different, which requires fishery law enforcement personnel to grasp the basic knowledge of aquatic wildlife, and to be able to judge and identify aquatic wildlife species that have been stranded, trapped or mistakenly caught at the first time. At the same time, law enforcement personnel must also be proficient in the "Wildlife Protection Law", "Regulations on the Implementation of the Protection of Aquatic Wild Animals", "Concessionary Measures for the Utilization of Aquatic Wild Animals", "Measures for the Value Assessment of Aquatic Wild Animals and Their Products" and other laws and regulations, and undertake the fishery administrative duties entrusted by laws and regulations.
<h1 class="pgc-h-arrow-right" data-track="22" >3. Countermeasures</h1>
Aquatic wildlife is a precious treasure that nature has given to mankind and is the most important organic component of nature. The upgrading or addition of aquatic wildlife species to the new "List" is conducive to prohibiting the indiscriminate consumption of wild animals, improving public health safety and protecting biodiversity. Local governments should thoroughly implement the newly revised Wildlife Protection Law and the Notice of the General Office of the Ministry of Agriculture and Rural Affairs on Implementing the Directory of Wild Animals under Key National Protection to Strengthen the Protection and Management of Aquatic Wild Animals, and strengthen the protection of aquatic wild animals in the new Directory.
(1) Strengthen publicity and training
The release of the new List is a crucial step towards the conservation of aquatic wildlife, but there is still a long way to go from species inclusion to conservation. The competent fishery administration departments should vigorously promote and publicize the new "List", the "Decision of the Standing Committee of the National People's Congress on Completely Banning Illegal Wildlife Trade, Eliminating the Bad Habit of Eating Wild Animals, and Effectively Protecting the People's Life, Health and Safety" (hereinafter referred to as the "Decision") and the "Wildlife Protection Law", so that fishermen and the masses can timely understand the types of aquatic wild animals and laws and regulations on the protection of wild animals in the new "List", enhance their awareness of the protection of aquatic wild animals, and enable them to consciously abide by the laws and regulations on the protection of wild animals in fishing, operation and utilization Let the public scientifically understand the aquatic wildlife species in the new "List", establish a civilized dietary concept, consciously resist the bad habits of consuming aquatic wild animals and indiscriminately eating aquatic wild animals, and form a good situation in the whole society to protect aquatic wild animals; let fishery administration law enforcement personnel be familiar with the aquatic wildlife species, management requirements, and rapid identification techniques in the new "List", and include relevant contents in the fishery law enforcement certificate examination, so that fishery administration law enforcement personnel can accurately grasp the provisions of the law in the process of law enforcement, identify domesticated species, and promote punishment according to law.
(2) Strengthen categorical protection
The species of aquatic wildlife included in the new "List" should be managed in strict accordance with the requirements of the "Decision" and the "Wildlife Protection Law". At the same time, it is necessary to distinguish between wild populations and artificially bred populations, adopt different management measures, and strictly protect wild populations such as giant salamanders, Nile crocodiles, turtles and other wild populations that have artificial breeding and breeding, and make scientific and reasonable use of artificially bred populations in accordance with regulations.
Based on the natural distribution of aquatic wildlife species listed in the new List, protected areas are scientifically demarcated to ensure the safety of their populations and habitats. For those endangered species listed in the "List", it is necessary to formulate and implement species rescue plans and implement protective rescue of endangered species.
(3) Raise the level of law enforcement
The new "Directory" has brought new changes to the supervision of the aquatic wildlife market and the management of domestication, and the competent fishery administration departments should regulate fishing, artificial breeding, sale, purchase, utilization and other activities in accordance with the law, and give good guidance and assistance to units or individuals that have legally engaged in artificial breeding and breeding activities of relevant species before the release of the "List", and urge them to apply for breeding licenses and business utilization licenses in accordance with the adjusted protection and management requirements during the transition period to safeguard their legitimate rights and interests. For species such as Yangtze crocodiles and tiger frogs, it is necessary to connect with the forestry and grassland departments in a timely manner and issue relevant documents to ensure that the work is in place.
Fishery administration law enforcement personnel should follow the aquatic wildlife species listed in the new "List", conscientiously sort out administrative licensing matters, formulate and improve work norms and work guidelines, strictly control the legality of aquatic wildlife sources and the authenticity of declaration materials, strictly control access thresholds, and strictly examine and approve aquatic wildlife business permits. It is recommended that relevant law enforcement personnel seriously study the labeling management of aquatic wild animals and their products, and for species within the scope of label management, the relevant provisions on label management must be strictly implemented, and those who have not obtained labels must not enter the market. The competent fishery administration department should also strengthen supervision during and after the event, implement the "double random one open" system, promote the standardization of domestication and breeding and business utilization ledger records, and realize the dynamic and traceability of the management of aquatic wildlife.
(4) Strengthen law enforcement oversight
Establish and improve working mechanisms for cracking down on illegal trade in wild animals, work with relevant departments to maintain a high-pressure law enforcement posture, include in the "Bright Sword" series of special law enforcement content of China's fishery administration, highlight key areas, key sites, key types, and key links, severely crack down on illegal harm, fishing of aquatic wildlife under key protection, and destruction of their habitats, completely ban illegal aquatic wildlife markets, eradicate the industrial chain of black interests in indiscriminate fishing of aquatic wildlife, and resolutely prohibit indiscriminate eating and illegal trade in aquatic wildlife. For those who illegally hunt, trade, transport, or eat aquatic wildlife, in addition to implementing the requirements for confiscation and the management of aquatic wildlife, strictly follow the "Wildlife Protection Law", "Decision", and "Measures for the Assessment of the Value of Aquatic Wild Animals and Their Products" to carry out economic punishment, resource compensation and criminal accountability, so that they can be handled together to deter a piece and increase the deterrent power of the law.
(5) Strengthen assessment and adjustment
Aquatic wildlife has the rarity of species, the dispersion of habitats, the diversity of habitats, the wide range of uses, the fragility of life and other characteristics, which requires us to strengthen the dynamic monitoring of the species of the List. It is necessary to quantitatively assess the species, number, breeding status and habitat and breeding sites of aquatic wild animals on their populations, and in accordance with the newly revised Wildlife Protection Law, appropriately adjust the protection level of aquatic wild animals in the new "List", with a cycle of 5 or 10 years, so that the "List" can keep pace with the times and achieve a virtuous cycle of protection and utilization of aquatic wild animals.
Author: Lu Changcai
Author Affilications:Taizhou Port and Fisheries Administration Bureau, Zhejiang Province
Source: China Aquatic Products