Can thrushes, mynahs, etc., which were raised before being included in the protection of animals, still be able to walk?
In early February of this year, the State Forestry and Grassland Administration and the Ministry of Agriculture and Rural Affairs issued a new version of the "List of National Key Protected Wild Animals". The list includes well-known "cage bird" species such as thrush, mynah, and red-flanked white eye. The national secondary protection of animals means that those who hunt, purchase, transport, or sell the above-mentioned wild animals without authorization will be investigated for criminal responsibility in accordance with the law.
So, are these birds still on sale in the Chengdu flower and bird market?
Many bird lovers have questions: Are the above-mentioned birds that have been bred before are considered illegal?
In this regard, the reporter talked to the lawyers to reveal the legal issues behind the "cage and frame bird".
Birdman:
Is the thrush raised 5 years ago considered illegal?
After some "caged birds" are included in the list of protected animals, are there still people raising them?
The reporter then came to Chengdu People’s Park. After inquiring about it, the reporter ran into a gentleman carrying a bird cage in front of the Heming Tea House. He said that he has been raising birds for 4 years, and now he cannot release it. After adapting to the wild environment, which may be a kind of harm, he is more willing to continue to raise it.
When the reporter asked him what kind of bird he raised, he said that it is now a protected bird and it is not convenient to disclose the specific species.
Then the reporter saw Uncle Li cleaning the floor of the birdcage by the pool next to Heming Tea House.
Uncle Li told reporters that, in his 70s this year, he bought a thrush bird rearing after retiring at the age of 60, and he never let go of this rearing.
Five years ago, he bought three thrushes at Wenjiachang for 800 yuan per bird. Now they have been raising them for five years.
After the relevant regulations were issued in February this year, the thrush purchased by Uncle Li was classified as a Level 2 protected animal. Whether to raise or release it, he didn't know what to do.
lawyer:
It is recommended that the farmers keep the evidence that they have been farmed before the list adjustment
After the release of the new protection list, how to identify violations of the law and what impact will it have on people who have kept protected birds?
According to Zhou Yan, a lawyer from Taihetai Law Firm, in accordance with Article 28 of the Law of the People’s Republic of China on the Protection of Wildlife: “The state’s key protected wild animals with mature and stable artificial breeding technology have been scientifically demonstrated and included in the State Council’s Wildlife Protection The manual breeding national key protected wild animals list formulated by the competent department. For wild animals and their products listed in the list, the artificial breeding license can be directly used in accordance with the annual production quantity verified by the wildlife protection department of the people’s government of the province, autonomous region, and municipality directly under the Central Government. Obtain a special mark, sell and use it with the special mark, and ensure traceability."
According to the announcement issued by the State Forestry and Grassland Administration and the Ministry of Agriculture and Rural Affairs on February 5, 2021, "The List of National Key Protected Wild Animals" was approved by the State Council on January 4, 2021 and will come into force on the date of publication. This announcement Artificial breeding operations have been legally carried out before the release, and if the list is adjusted according to the law, it is necessary to change, apply for relevant management certificates, and administrative licensing decisions. The application should be filed before June 30, 2021. Before the administrative licensing decision is made, the relevant activities can be continued in accordance with the law. Activities. Zhou Yan believes that according to the above regulations, if artificial breeding operations have been legally carried out before the "List" is published, due to the adjustment of the list, the relevant management certificates and administrative licensing decisions should be changed and applied for in accordance with the law.
In the view of Ma Feifei, a lawyer at the Chongqing Zhou Litai (Chengdu) Law Firm, after the publication of the "List", citizens were suspected of illegally buying and selling protected birds, while illegal breeding was mainly punished by the confiscation of wild animals and their products, and based on their specific violations. , Will be fined accordingly.
Ma Feifei believes that the current protection list has just been updated. For those who have been farmed before the list is adjusted, it is necessary to look at it in stages. The trading and breeding activities before the adjustment are not illegal, but after the list is adjusted and implemented, whether it is illegal is the difficulty in practice. It is necessary for the competent authority to make identification based on the actual situation or issue a regulatory document to be clarified.
"Of course, the breeding here does not include a large number of commercial breeding or breeding." Ma Feifei said, because it involves the determination of whether the wild animals that have been farmed have the ability to survive in the wild, if they do have the ability to survive in the wild, you can contact the competent authority to confirm If the specific release site is indeed not available, it is advisable to maintain the status quo, but in the end, the opinion of the competent authority shall prevail. Based on the contingent legal risks, it is recommended that the farmers retain the evidence that they have been farmed before the adjustment of the list.
Chengdu Commercial Daily-Red Star News Reporter Yan Yuheng