On May 13, a large number of wild animals, including 20 Siberian tigers, were accused of unnatural deaths at the Fuyang Wildlife Park in Anhui Province. Up to now, multiple departments in Fuyang City have jointly set up an investigation team to conduct a comprehensive investigation into the death of wild animals, and the follow-up investigation and disposal will be announced to the public in a timely manner. With so many rare wild animals dying unnaturally, what are the responsibilities of Anhui Qicai Wildlife Park Co., Ltd. (hereinafter referred to as "Qicai Company"), the operator of Fuyang Wildlife Park, and Fuyang Tengfei Domestication Exhibition Co., Ltd. (hereinafter referred to as "Tengfei Company"), the partner of the zoo involved? The Modern Express reporter consulted a lawyer about this.
△ Fuyang Wildlife Park
During the period of more than 6 years of management rights disputes
20 Siberian tigers and other wild animals died
According to a number of media reports, a large number of wild animals died in Fuyang Wildlife Park, which is greatly related to the dispute over management rights. From 2018 to 2024, there has been a dispute over the right to operate between Colorful Company and Tengfei Company for more than 6 years. In 2018, Tengfei Company first transferred 33 Siberian tigers, 5 African lions, 11 black bears, 3 camels and other animals to Qicai Company at a total price of 2.543 million yuan. In 2020, the two parties signed another "Animal Rental Contract". In the years that followed, the dispute between the two parties remained unresolved, even after a court decision. During this period, a large number of wild animals died in the zoo, including 20 Siberian tigers, 2 African lions, 3 giraffes and other rare wild animals. At present, there are 16 Siberian tigers, African lions, giraffes, black bears and other animals alive in the park, which have been locked in transportation cages for a long time, with a small space and worrying survival conditions.
It is worth mentioning that a document from the National Forestry and Grassland Administration obtained by China Philanthropist shows that as early as September 11, 2018, the bureau made a decision not to grant permission to Qicai on the grounds that "it does not have the appropriate sites and facilities for artificial breeding of Siberian tigers, Asian elephants and Bengal tigers". In addition, the zoo had been suspended for nearly two years due to land use problems, and at that time, the "semi-finished" park had already introduced animals, which simply did not meet the environmental standards required for the survival of wild animals, let alone supporting facilities. It is reported that the actual opening time of the zoo is May 1, 2021.
Some media learned from the Political Research Office of the China Green Development Association that according to the reply of the Anhui Provincial Forestry Bureau, Fuyang Wildlife Park has obtained artificial breeding permits for 46 species of national key protected wild animals such as red pandas, hippos and giraffes since 2018, but it does not include Siberian tigers. This means that the Fuyang Wildlife Park, a subsidiary of Qicai Company, has been illegally exhibiting and artificially breeding Siberian tigers for many years without obtaining the qualification of artificial breeding license. In an interview with the media, a staff member of the Natural Resources Supervision Department of the Fuyang Forestry Bureau said that the tigers in the zoo do not belong to the park, but to the qualified Tengfei company that cooperates with the park. After the expiration of the cooperation in 2022, Tengfei has not moved the tiger away. As for the cause of the death of a large number of wild animals, Colorful Company and Tengfei Company both believe that it is caused by the fault of the other party.
△ Animal carcasses are wrapped in plastic cloth
Both parties have been suspected of violating the law
Whether there has been a violation of the criminal law is subject to further verification
"Judging from the existing media reports, whether there is a dispute between the parties over the right to operate or an equity dispute, it has little to do with the actual breeding and breeding of animals." Cao Jingjing, a lawyer at Shanghai City Development (Hongqiao International Central Business District) Law Firm, said that from the current point of view, both companies should bear the corresponding responsibility. First, some of the wild animals purchased by Colorful Company before, for this part of the animals, Colorful Company, as a party to the zoo, is also the direct keeper of animals, and has an unshirkable responsibility. For Tengfei Company, the two parties signed a lease agreement in the later stage, so for the leased animals, Tengfei Company, as the owner party, is also a direct breeder, and also has the obligation to protect, raise and manage.
"According to the second paragraph of article 25 of the "Wildlife Protection Law of the People's Republic of China", the artificial breeding of wildlife under national key protection implements a permit system, and an artificial breeding permit shall be obtained, and article 28 prohibits the sale, purchase, or use of wildlife under national key protection, unless approved by the wildlife protection department of the people's government of the province, autonomous region, or municipality directly under the Central Government, and in accordance with the provisions to obtain and use special markers, to ensure traceability. Similarly, in accordance with the Administrative Measures for the Domestication and Breeding Permits of Wild Animals under National Key Protection, units and individuals engaged in the domestication and breeding of wild animals must obtain a Permit for the Domestication and Breeding of Wild Animals under National Key Protection, and those who do not obtain a permit shall have their domesticated and bred wild animals confiscated. Cao Jingjing believes that in this incident, Qicai Company does not have the corresponding places and facilities for artificial breeding of Siberian tigers, and Tengfei Company knows that Qicai Company does not have the conditions, but still sells and leases Siberian tigers, and the two sides sell and purchase national key protected wild animals for the purpose of profit, and use them to display and perform, which has violated the law, and ultimately caused the death of a large number of wild animals, including 20 Siberian tigers, and both parties involved are to blame.
In addition, Article 26 of the Law of the People's Republic of China on the Protection of Wild Animals clearly stipulates that the artificial breeding of wild animals shall be conducive to species conservation and scientific research, and shall ensure that wild animals have the necessary activity space, habitat, reproduction, health and health conditions according to their habits, and have places, facilities and technologies suitable for their breeding purposes, types and development scales, and comply with relevant technical standards and epidemic prevention requirements, and shall not abuse wild animals. Fuyang Wildlife Park has long kept national first-class protected wild animals in cages and failed to give them the necessary space to move, which is an abusive act and is also suspected of violating the law.
△ Locked in a cage "Fubao"
Wild animals may be confiscated without an artificial breeding permit
Relevant functional departments shall be held accountable in accordance with law
On January 1, 2019, the Measures for the Implementation of the Wildlife Protection Law of the People's Republic of China in Anhui Province came into effect, which stipulates that those who breed terrestrial wild animals under key protection in the province and with important ecological, scientific and social value without obtaining an artificial breeding permit or beyond the scope of the artificial breeding permit will have their wildlife and their products confiscated and imposed a fine of not less than one time but not more than five times. Violation of the provisions of these measures, constituting a crime, criminal responsibility shall be pursued in accordance with law.
"For more than six years from 2018 to 2024, the relevant wildlife protection authorities or other relevant departments ignored the rights to life and health of these precious animals, and failed to take punitive measures such as confiscating wild animals and illegal gains and ordering the closure of illegal business sites in accordance with the Wildlife Protection Law, knowing that a large number of precious wild animals were dying one after another and that the living animals were also struggling with death. Failure to take measures to save and protect the existing precious animals, such as finding legal and compliant artificial breeding institutions to take custody, should also be held accountable. Liao Weijian, a lawyer at Jiangsu Jiangbei Law Firm, believes that whether it is Qicai Company or Tengfei Company, as well as the previous institution that sold wild animals to Tengfei Company, whether it is suspected of illegally purchasing, transporting and selling rare and endangered wild animals, should be thoroughly investigated and held accountable in accordance with the law. In addition, if the long-term regulatory "out of control" is "out of control", an investigation process should also be initiated.
Article 341 of the Criminal Law of the People's Republic of China stipulates that anyone who illegally hunts or kills rare or endangered wild animals under key national protection, or illegally purchases, transports or sells rare or endangered wild animals under key national protection and the products thereof, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; The circumstances are serious. The sentence shall be fixed-term imprisonment of not less than five years but not more than ten years. and a fine; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given. So, will the parties responsible for this incident be held criminally responsible? In this regard, Liao Weijian said that whether it is suspected of a criminal offense needs to be further judged according to the facts of the case. In addition, Liao Weijian believes that in addition to investigating the dead wildlife incidents and pursuing accountability in accordance with the law, the actual survival of the 16 Siberian tigers and other wild animals in the Fuyang Wildlife Park needs more attention, and if they cannot be improved in time, it is likely to lead to another tragedy.
Modern Express/Modern + reporter Wang Rui/Wen Jixing/photo