Shangqiu parrot sellers were chased down for decades, the local market was almost interrupted
The plight of Fei's peony parrot farmers needs to be solved
· "I can't feed it, I can't sell it, I can only starve to death." This is the current dilemma faced by parrot farmers in Shangqiu City, Henan Province.
Recently, Chengdu Commercial Daily-Red Star News received a report from netizens that the Fei's peony parrots raised by nearly 1,000 farmers in Shangqiu, Henan were unable to sell causing a large number of deaths.
· It is understood that the Fei's peony parrot belongs to the national second-level wildlife protection. The illegal purchase, transportation, and sale of the national key protected rare and endangered wild animals will face penalties.
A local farmer told reporters that Shangqiu has been breeding Fei's peony parrots for 30 years. Due to historical reasons, most farmers have incomplete certificates.
In October 2020, some farmers were classified as illegal sales due to their previous sales behaviors, and were detained under criminal law according to law. Trade in the Fei's peony parrot market was almost interrupted.
· "I am not willing to these birds. Some time ago, because bird food was not suitable for birds to eat, many birds starved to death. I was uncomfortable for several days. If Fei's peony parrots cannot be used commercially, we hope that the relevant state departments can help these birds. Find a home for so many birds," said the farmer Ms. Zhou.
Farmers
The bird price dropped from 30 yuan to 3 yuan
A lot of parrots cannot be sold
"The Fei's peony parrot has been in Shangqiu for more than 30 years and has been in peace in recent years. In the second half of 2020, the public security department from other places came to Shangqiu several times to take away our farmers and bird merchants. In this case The bird price has dropped from 30 yuan to 3 yuan and nobody wants it. A large number of small ornamental parrots cannot be sold and kept in the hands of farmers." Mr. Zhang, 40, has been engaged in parrot breeding locally for 15 years and is a Shangqiu parrot. A representative of the farmer.
He told reporters that according to statistics, there are currently 837 breeding households in Shangqiu City. There are 1.22 million small ornamental parrots in stock, most of which are Fei's peony parrots, which account for 90% of the national total.
According to Mr. Zhang, the artificial breeding of Fei's peony parrot in Shangqiu dates back to the 1980s.
At that time, someone introduced dozens of pairs of parrots from Beijing to feed themselves, and found that the market prospects were good, and the breeding of parrots quickly developed in Shangqiu.
Public information shows that Fei's peony parrot is also known as Fei's lover's parrot and brown-headed peony parrot. Wild peony parrots live in tropical jungles and live in large groups. They belong to Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Species under the item, national second-class protected animals.
Article 341 of my country’s Criminal Law stipulates that those who illegally hunt or kill rare or endangered wild animals under special state protection, or illegally purchase, transport, or sell rare or endangered wild animals under special state protection and their products, Sent to fixed-term imprisonment of not more than five years or criminal detention and fines; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and fined; where the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than ten years and fined or confiscated property.
However, in 2003, the former State Forestry Administration issued the "Notice Concerning the List of Fifty-four Terrestrial Wild Animals such as Sika Deer with Mature Domestication and Breeding Techniques for Commercial Management". The Fei's Peony Parrot was included in the list, and the Fei's Peony Parrot was included in the list. The domestication and breeding of ornamental parrots have found a legal basis, and the number of farmers and the breeding volume of Fei's peony parrots have increased rapidly, and a complete industrial chain has been formed in the local area.
However, on October 23, 2012, the announcement No. 9 of 2012 issued by the former State Forestry Administration repealed the above notice, and the sale, export and trade of Fei's peony parrots faced unpredictable legal risks.
According to media reports, in October 2020, the Yunlong police in Xuzhou, Jiangsu announced a case of trafficking in Fei's peony parrot.
The police found someone consigning 44 parrots on a bus.
After identification, it was found that these parrots were all Fei's peony parrots, which belonged to the national second-level wild protected animals.
The police found through investigation that these parrots were purchased from Shangqiu, Henan, and then raised and sold.
On October 11, the police handling the case found more than 200 parrots in Wang's home in Shangqiu, Henan, of which 147 were Fei's Peony Parrots.
At present, the consignee Liu and the parrot seller Wang and Tian have been held criminally responsible.
Mr. Zhang told reporters that some local farmers were classified as illegal sales due to their previous sales behaviors. After being detained in accordance with the law, trading in the Fei's Peony Parrot market was almost interrupted.
“Now they are all standardized farming, and 1,000 pairs of parrots cost 10,000 yuan a month for feed. Affected by the epidemic, no one has been collecting birds. Now the feed is donated by netizens. I currently have more than 1,500 pairs. To be honest, if There is no way before the Spring Festival. I may have to let go and I can't stand it anymore."
Introducer
Introduced from Hong Kong more than 30 years ago
All are artificial breeding parrots
He Songbo, director of the Criminal Defense Department of Guangdong Dewan Law Firm, represented a Fei's peony parrot case two years ago. At that time, he felt the experience of farmers and enthusiasts and wrote to the State Forestry and Grassland Administration in 2018, calling on the country As soon as possible, include the Fei's peony parrot and other terrestrial wild animals in the "Artificial Breeding List of National Key Protected Terrestrial Wild Animals."
"The newly revised Wildlife Protection Law in January 2017 added special regulations to clarify that the artificial breeding technology is mature and stable for national key protected wild animals, and scientifically proven to be included in the artificial breeding national key protected wild animals list. July 2017 On the 1st, the former State Forestry Administration issued the "List of National Key Protected Terrestrial Wild Animals in Artificial Breeding (First Batch)" which included 9 wild animals including Siamese crocodile and tiger frog. It is recommended that your bureau list 54 wild animals After demonstrating as soon as possible on the basis of the research, the Fei’s peony parrot and other terrestrial wild animals will be included in the “Second List” management in a timely manner to ensure market demand and provide new products to farmers and enthusiasts who are engaged in commercial operation and utilization of artificial breeding in the original list. The protection of the law is to protect innocent people from the risk of criminal prosecution.” He Songbo wrote in the letter.
"At present, it is difficult for wildlife species identification agencies to identify whether the species is artificially domesticated or from wild sources. Because the DNA of the artificially domesticated and wild-sourced peony parrots is the same, it cannot be distinguished from the DNA, but only by appearance characteristics and feather color. But in reality, many farmers cannot apply for the license for the artificial domestication of Fei's peony parrots. The relevant departments may hold the artificially domesticated peony parrots equivalent to the wild-sourced Fei's peony parrots for criminal responsibility." He Songbo told reporters.
The famous bird expert Wang Zengnian has been engaged in bird research for more than 50 years.
In 1986, Wang Zengnian, as the secretary-general of the Beijing Bird-loving Association, introduced a total of 1,000 pairs of 10 foreign parrots from Hong Kong, of which 100 pairs of Fei's peony parrots were raised in Yuanmingyuan Bird Factory.
Wang Zengnian told reporters that all Fei's peony parrots introduced that year were artificial breeding parrots.
Because the Fei's peony parrot is very easy to breed, there are already a very large number of artificial populations in the country, and the price is close to the people, as long as there are bird sellers in the streets and lanes across the country, you can see the Fei's peony parrot.
"Artificial breeding of birds is another way to protect wild animals. Release of artificially bred birds can easily cause their death." Wang Zengnian said.
Anti-poaching
Can't perfectly distinguish domesticated animals from wild animals
On the other hand, the reporter noticed that some people have also put forward different opinions on the legislative proposal to treat artificially domesticated animals differently from wild animals.
An article by anti-poaching volunteers pointed out that many people are worried that once the legislation treats artificially domesticated animals and wild animals differently, poaching and whitewashing will likely become more common.
For example, after the thrush and larks have obtained breeding licenses, most of the birds that actually appear on the market are caught in the wild, and illegal traders or licenses whitewash illegally caught wild animals.
"If we can rationally, objectively and scientifically distinguish between artificially domesticated animals and wild animals, we will not allow a person to be'injustified and go to jail' for artificial breeding activities that do not harm wild populations, and we will not allow an artificially bred animal that cannot be released into the wild due to shelter and rescue. Wouldn’t it be beautiful to die improperly while avoiding poaching and whitewashing? But can we really distinguish domestic animals from wild animals?” said the anti-poaching volunteer.
In recent years, criminal law violations due to the sale of parrots are not uncommon, especially the "Shenzhen parrot case" is the most widely known.
In May 2016, Wang Peng was criminally detained for selling 6 domesticated parrots (2 of which are small sun parrots, which are endangered wild animals).
In April 2017, Wang Peng was sentenced to five years in prison for the crime of illegally selling rare and endangered wild animals in the first instance; in March 2018, Wang Peng was sentenced to two years in prison in the second trial.
The Supreme People's Court approved the second-instance judgment.
In the 2019 Jiangxi Qiu Guorong's parrot case, the parrot involved was also the Fei's Peony parrot. In the end, Qiu Guorong was sentenced to 1 year and 6 months imprisonment with a probation of 2 years.
The lawyer representing the case believes that, compared with the Shenzhen parrot case, although all are artificially bred, the Fei’s peony parrot belongs to the former Ministry of Forestry’s "Commercial Management and Utilization of Terrestrial Wildlife List with Mature Domestication and Breeding Technology" allowed for commercial operation and utilization. Domesticate wild animals with mature breeding techniques.
In the end, the court made a leniency with reference to the Shenzhen Parrot case, and only sent sentences below the statutory sentence, but did not issue a verdict of not guilty.
Parrot Lawyer
Call for artificial breeding not to equate with wild animals
On December 21, 2020, the spokesperson of the Legal Work Committee of the Standing Committee of the National People's Congress mentioned at a press conference that more than 8,000 comments were received on the second review draft of the Criminal Law Amendment (Eleventh), among which the main points were suggestions. In legislation, artificially domesticated animals are treated differently from wild animals.
On December 18, 2020, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice issued the "Guiding Opinions on Punishing the Crimes of Illegal Wildlife Trading in Law" (hereinafter referred to as the "Guiding Opinions"), which pointed out whether it constituted a crime And when determining the penalty, it should consider whether the animal involved in the case is artificially bred, the degree of endangerment of the species, the survival status in the wild, the artificial breeding, etc., and proper handling shall be made in accordance with the facts of the case, the circumstances and the degree of social harm.
Some analysts believe that the promulgation of the "Guiding Opinions" may bring hope to the parties involved in artificial domestication and breeding cases.
In particular, cases where the Fei's peony parrot is still listed as a national key protected animal, but the artificial breeding technology is mature and there is no social harm will be given lenient treatment.
Zheng Xiaojing, a lawyer from Beijing Qiancheng Law Firm, has represented many related cases, and has long called for the protection of artificial breeding of wild animals not to be equivalent to wild animals under criminal law.
In her opinion, the "Guiding Opinions" are of great significance to the guidance of wildlife trading crimes: Article 2 strictly limits the crime of wildlife trading to the first paragraph of Article 341 of the Criminal Law, excluding domestication and breeding; Article limits the criminal object of trading in the consumption of wild animals to the first paragraph of Article 341 of the Criminal Law, excluding domestication and breeding; Article 9 clearly stipulates that when determining whether a crime is constituted and determining a penalty, consideration should be given to whether the animal involved is artificial Factors such as breeding, endangered species, survival status in the wild, artificial breeding, whether it is included in the list of artificial breeding national key protected wild animals formulated by relevant departments, and social harm. "If the relevant conviction and sentencing standards are obviously inappropriate, it can be based on the case The facts, circumstances, and degree of social harm of the incidents shall be dealt with appropriately in accordance with the law."
"In my opinion, these articles (Articles 2, 3, and 9 of the Guiding Opinions) should belong to the crime clauses for trade in artificial breeding of wild animals." Zheng Xiaojing said.
Chengdu Commercial Daily-Red Star News reporter Ren Jiangbo