Dragon lizard
Pet turtles
African bullfrog
Tarantula
Australian axe mantis
Honey glider
Recently, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on Comprehensively Promoting the Key Work of Rural Revitalization in 2023", which for the first time wrote "exotic pets" into the document, clearly pointing out: "Strictly crack down on the illegal introduction of alien species, implement major actions to endanger invasive species prevention and control, and strengthen the standardized management of 'exotic pets' trading and release."
Relevant experts and scholars said that the "No. 1 document" emphasizes the problem of exotic pets, which will further guide the mainland to adhere to the principles of risk prevention, source control, comprehensive management, coordination and public participation in the prevention and control of alien species, and continuously promote the systematic construction of prevention and control measures. From a judicial point of view, there is still a long way to go to regulate the trading and release of chaos in "alien pets".
1 What is a pet?
Alternative pets may be invasive species
Different pets generally refer to alternative pets that are different from ordinary pets such as cats and dogs, such as snakes, turtles, lizards, honey gliders, foxes, spiders, insects, etc.
According to the 2021 China Pet Industry White Paper, pet breeders with reptiles and rodents account for 5.8% and 4.5% of China's pet population, respectively, adding up to more than 10%. That is to say, one in every ten pet owners is likely to have a pet.
There are also many people who show curiosity about exotic pets. According to the "2021 China Pet Content Value Research White Paper" released by iResearch, the attention of exotic pet content on social platforms has gradually increased, accounting for between 5% and 15% of the popularity of pet content.
In fact, not all exotic pets are suitable for breeding - such as aggression, carrying viruses, etc.; Many of the exotic pets are invasive species, which will cause damage to the ecological environment; In addition, if you sell wild animals in the name of exotic pets, it is also suspected of breaking the law.
Yang Zhaoxia, director of the Ecological Law Research Center of Beijing Forestry University, said that the Biosecurity Law, which came into effect in April 2021, stipulates that those who introduce alien species without approval, release or discard alien species without authorization, must bear corresponding legal responsibilities. In addition, the Amendment to the Criminal Law (11) also clarifies that if an invasive alien species is illegally introduced, released or discarded in violation of national regulations, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or alone.
On December 30, 2022, the 38th meeting of the Standing Committee of the 13th National People's Congress voted to pass the newly revised Wildlife Protection Law, which will come into force on May 1, 2023. The revised Wildlife Protection Law clearly stipulates that wild animal species introduced from abroad must not be illegally released or discarded.
2 Why is the pet economy booming?
Meet the individual needs of niche groups
The hard scales and colorful colors of animals such as lizards and snakes make some people daunted. But to the breeders who love them, this is a different mystery and beauty.
It is estimated that in 2022, the size of the mainland pet economic market will exceed 300 billion yuan. Although the proportion of exotic pet economy is not high, the market potential of the subdivision cannot be underestimated - the irreplaceable satisfaction of ordinary pets, coupled with the promotion of consumption upgrades, makes the exotic pet economy increasingly prosperous.
On the one hand, seeking differences is the inevitable result of consumption upgrading. Shen Wangshu, deputy director of the Capital Cultural Development Research Center of the Beijing Academy of Social Sciences, believes that raising exotic pets is an emerging spiritual satisfaction consumption of niche groups after people's material life reaches a certain level. "In the context of consumption upgrading and market segmentation, people's personalized needs are becoming more and more abundant, which is an inevitable trend."
On the other hand, exotic pets, which seem difficult to get close to most people, fit the psychological preferences of niche groups. Zhu Jianjun, a professor at the Department of Psychology at Beijing Forestry University, told reporters that usually people raise pets to get a sense of mutual attachment, but there are also niche groups that have a good impression of the coldness, independence and unflattering of foreign pets. "No matter what kind of pet you have, most of them find the character traits they need in the pet. This trait can be full of commonalities with oneself or something that it does not possess. Zhu Jianjun said.
A lizard keeper told reporters that reptiles do not have deep feelings with people like cats and dogs, and they always live in their own world. "But it's this trait that makes me feel admired and relaxed, and I get company, without being bound by another creature that has an impact."
In addition, seeking difference is also a concrete manifestation of the deepening of the desire to explore. It is understood that some exotic pet breeders will study pet habits in depth and enjoy the process of curiosity being satisfied. At the same time, they will put into practice the new knowledge they have explored, and gain a great sense of accomplishment from it, further strengthening their interest.
3 How big are the biosecurity risks?
The continent loses 200 billion to invasive species every year
However, the rise of "exotic pet wind" is bringing hidden dangers to biosecurity.
It is understood that some exotic pets belong to alien species. For example, the alien species recently intercepted by customs and hidden in the mail, halberds, rhinoceros golden turtles, and savage harvest ants. In addition, in 2022, many places across the country also reported the discovery of exotic alligator eels in the wild, and some places were worried that this exotic fish was very lethal in the wild environment, and did not hesitate to drain the lake water to fish.
After alien species are introduced into the territory, especially into the wild, they may develop into invasive alien species due to the lack of local natural enemies, causing ecological disasters.
The ecological and economic threats brought by invasive alien species are global problems. The introduction of Asian carp in the United States and the introduction of sugarcane toads in Australia have caused serious damage to the local ecological environment. It is also estimated that the global loss of invasive alien species is as high as $1.4 trillion per year, or nearly 5% of global gross domestic product.
In May 2021, the Ministry of Ecology and Environment and relevant departments issued the 2020 Communiqué on the Status of China's Ecology and Environment, which mentioned that more than 660 invasive alien species have been found in the country, of which 219 have invaded national nature reserves.
Data show that invasive alien species can cause direct economic losses of more than 200 billion yuan in the mainland every year.
The prevention and control of invasive alien species is an important part of safeguarding biosecurity. The rapid development of the exotic pet economy has aggravated the difficulty of preventing and controlling invasive alien species, and also amplified the risks of biosecurity.
Experts believe that although everyone has a different understanding of whether a pet is "different", it is relatively easy to determine whether it is an alien species. Once it is determined to be an alien species or even invasive alien species, the necessary bottom line must be guarded.
4 Which department is responsible for invasive species?
The Ministry of Agriculture and Rural Affairs coordinates and manages the overall management
Last year, many places across the country reported that a lot of manpower and material resources were spent to catch alligator eels, which aroused widespread public concern. Some netizens questioned: how to supervise invasive alien species, and how to further optimize the disposal process after the invasion is discovered? In fact, the mainland's regulations on preventing biological invasions appear in administrative regulations and local regulations, and have not yet formed top-down legislative guidelines.
In May 2022, four departments, including the Ministry of Agriculture and Rural Affairs, the Ministry of Natural Resources, the Ministry of Ecology and Environment, and the General Administration of Customs, jointly issued the Measures for the Management of Invasive Alien Species, which clarified that the Ministry of Agriculture and Rural Affairs, as the coordination and coordination department for the management of invasive alien species, the competent departments of forestry and grassland, the competent departments of natural resources (ocean), the competent departments of ecology and environment, and the customs are important responsible departments for the management of invasive alien species.
For example, lizards, snakes, and turtles belong to the forestry department, while fish and frogs are under the management of the agricultural department, and when these exotic pets are circulated in the market, the market supervision department also has the responsibility to participate in supervision. It is worth mentioning that for the random release of invasive species to damage the ecological environment, suspected of violating the Wildlife Protection Law and the Biosecurity Law, can be fined, and those with serious circumstances can be sentenced.
Yang Xueguang, a partner and lawyer at Guangdong Guangxin Junda Law Firm, pointed out that at present, the behavior of individual release is scattered and highly hidden, and it is difficult to supervise, which has high requirements for the ability of grassroots law enforcement personnel and survey and inspection technology. He called for more concrete measures in the judicial field to combat illegal acts related to invasive alien species, so as to provide better judicial protection for the prevention and control of invasive alien species.
Of course, the prevention and control of invasive alien species still needs to improve the multi-department coordination and cooperation mechanism. Yang Xueguang said: "The issuance of Document No. 1 will guide the mainland to adhere to the principles of risk prevention, source control, comprehensive management, coordination and cooperation, and public participation, and continuously concretize the requirements for the prevention and control of alien species, and the prevention and control measures will be more systematic."
5 Online sales of exotic pets evade express audits?
Individual, transporter, platform responsibilities are not subdivided
How do exotic pets trade? The reporter found that in the online shopping app, consumers can search for and buy turtles, insects and lizards and other exotic pets. On social platforms, discussions about buying and raising exotic pets can also be seen everywhere. In view of the younger characteristics of exotic pet consumers, merchants have built "underground" sales networks with the help of WeChat, QQ, Tieba and online shopping platforms.
"Through public judgment documents, it is found that among criminal cases involving online trade in wild animals, the proportion of pet-related cases in 2020 increased significantly compared with 2015." Ma Chenyue, director of the International Fund for Animal Welfare (IFAW) China Program, pointed out that the proportion of cases involving elephants and other species, which are often made into cultural jewelry and other products, has been decreasing year by year, showing the good effect of wildlife protection measures such as banning trade in ivory on the mainland and cracking down on illegal trade in wildlife products. The proportion of cases involving birds, reptiles and other species that are often traded as live pets is on the rise.
According to experts, although the "Detailed Rules for the Implementation of the Postal Law of the People's Republic of China" clearly stipulates that it is forbidden to send or carry all kinds of live animals in the mail, there are still exotic pet sellers who evade the review of express companies through hidden means. Even some online pet stores specially remind in the precautions that "after receiving the goods, you must not open the box in front of the courier".
Yang Zhaoxia said that for a long time, the responsibility of the express delivery industry has been neglected in the prevention and control of invasive alien species. With the rise of exotic pet breeding, the express delivery industry needs to establish relevant systems for the inspection and prevention of alien species.
The lack of responsibility on the part of the transport party is only one of the shortcomings to be filled. Experts interviewed believe that the current legal system focuses on the introduction and release of alien species such as alligator eels and Brazilian turtles, and insufficient regulation of transactions, especially online transactions. "We pay more attention to source and end treatment, such as the introduction of the source must be licensed, the release of the end will be restricted, and for the intermediate sales, transportation, purchase and other links, the legislation needs to be improved." Yang Chaoxia said.
Yang Xiao, an associate researcher at the China Institute of Contemporary International Relations, also believes that the current law lacks detailed regulations on the individual behavior of buying and selling alien species. In particular, the legal liabilities of individuals, transporters, trading platforms and other parties have not yet been clearly divided.
Ren Zhanmin, a lawyer at Beijing Guanling Law Firm, said in an interview with the media that online trading platforms have obligations such as reviewing and managing exotic pet transactions on their platforms, and that platforms should review transaction links that clearly do not comply with the law.
6 Can anyone who trades in artificial breeding get rid of the crime?
Experts recommend preventing "whitewashing" violations
Many of the cases involving the breeding and trading of exotic pets are wild animals. In previous judicial practice, local courts strictly applied the criminal law and imposed penalties on parties involved in the raising and trading of wild animals, even if in some cases the parties did not have subjective intention. In this regard, there are gradually calls in society for the "decriminalization" of raising and trading artificially bred wild animals.
In April 2022, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretations on Several Issues Concerning the Application of Law in the Handling of Criminal Cases Involving Destruction of Wildlife Resources, Article 13 of which states that if the animals involved in the case are listed in the List of Wild Animals under National Key Protection for Artificial Breeding, or if the artificial breeding technology is mature and has reached a scale, and is bought and sold or transported as pets, the case involved will generally not be treated as a crime. In this regard, some experts pointed out that the act of buying and transporting wild animals with mature artificial breeding technology as pets should not be decriminalized and should not be too fast, and it is necessary to promote it in a prudent and prudent manner.
Ma Chenyue suggested that the competent departments of terrestrial and aquatic animals need to speed up the improvement of relevant regulatory mechanisms and management methods, establish a nationwide and open traceability system, and prevent the use of legal artificial breeding mechanisms to "whitewash" wild animals caught or illegally bred in the wild. Recently, there have been cases of illegal trading of special signs for parrots, illegal trading and introduction certificates, etc., which need the attention of law enforcement and regulatory authorities, and deployment in advance to cope with the regulatory difficulties that may be brought about by the expansion of the opening up of artificial breeding wild animals in the future.
In addition to the above problems, what kind of wild animals are suitable as pets should also be carefully considered from multiple angles to prevent dangerous animals, epidemic animals, invasive animals and other species that will cause harm to society as pets.
"Although Siamese crocodiles, some snakes and other wild animals have mature artificial breeding technology, they are fierce or highly toxic, and if they are kept and transported as pets, they seriously threaten personal safety and public safety." Ma Chenyue introduced that small mammals such as marmots and martens may carry a variety of viruses such as rabies, which can easily cause disease transmission. In addition, exotic turtles such as Brazilian turtles and snapping turtles, green iguanas, taiga lizards, etc. are typical invasive animals, and if they are released for breeding and transportation, they will leave hidden dangers that damage the ecological environment.
Written by: Nanfang Daily reporter Du Weigan Guan Xiruyi
Comprehensive "Outlook" newsweek