This blog was originally published by the Interdisciplinary Centre for Conservation Science at the University of Oxford and is written by Yuhan Li, MPhil student in Biodiversity, Conservation and Management, School of Geography and Environment, in collaboration with members of the Oxford Martin Programme on the Illegal Wildlife Trade
To date, COVID-19 has caused over than 2800 deaths in China and has spread to 50 countries [1,2]. The evidence currently suggests the virus was first transmitted to humans at a seafood market in Wuhan, Hubei province, as many early confirmed cases involved individuals that had contact with this market, and 93.9%(31/33) of environmental samples taken from the western region of the market were found with COVID-19 . In addition to seafood, fresh meat and live wild animals were being sold and slaughtered in this market, and coronaviruses are known to jump from some species (e.g., bat, camel, civet) to people . These indicate that the virus might have stemmed from wild animals on sale at the market . However, the intermediate host of COVID-19 is still unclear at this stage. Following the outbreak, the market was shut down by the government on January 1st, 2020, but the consumption of wildlife in China has drawn unprecedented public attention ever since, both within China and internationally, given the severe public health implications of the outbreak.
On February 24th 2020, China's top legislature adopted a decision to “thoroughly ban the illegal trading of wildlife and eliminate the consumption of wild animals to safeguard people's lives and health.” The decision has binding force and it took effect on the same day as its promulgation, i.e., February 24th [5,6].
This article provides a detailed explanation of this decision and is based on discussions within the Oxford Martin Programme on the Illegal Wildlife Trade at the University of Oxford and consultations with Shanshui Conservation Center, based at Peking University in China.
Consumption of terrestrial wild animals for edible uses prohibited
As COVID-19 is assumed to have close links with the consumption of wild animals, the new decision prohibits the eating of terrestrial wild animals, including those that are bred or reared in captivity. Hunting, trading and transporting terrestrial wild animals for the purpose of consumption is also prohibited .
This is a big move. Previously, only the 402 species on the List of Wild Animals Under State Priority Conservation were banned from consumption as wild meat in China . However, this list is outdated and does not correspond to the conservation status of some species . Consumption of other wild terrestrial animals was permitted, subject to obtaining appropriate certificates (e.g., hunting, breeding, quarantine, trade) from the government. However, this certification system was sometimes poorly implemented. Buying a certificate and using it for “laundering” of wild-caught animals was possible .
Which species which are currently consumed are not included in these new measures?
Although this new ban was quickly celebrated by the media and some in the international conservation community, there are several nuances and exceptions that must be clarified.
- Aquatic wildlife, expect these banned from edible use by the Wildlife Protection Law (2018), is exempt, because the National People’s Congress (NPC) views “fishing as a natural resource and an important agricultural product, as well as a common international practise” . This means, for example, sea cucumbers and other widely consumed species will continue to be traded under the same rules as before.
- Wild plants are not included in the ban.
- Farmed amphibians and reptiles on the List of National Key Protected Aquatic Wild Animals for Farming and the List of National Key Protected Economic Aquatic Animals and Plants Resources, such as the giant salamander, softshell turtle and crocodile, currently can still be consumed, until new regulations from the Ministry of Agriculture are annouced.
- Farmed, terrestrial animals on the List of Genetic Resource of Livestock and Poultry can now be traded for food consumption. A publicly available version of this list can be found in a report to UN Food and Agriculture Organisation, and includes various breeds of pig, chicken, duck, goose, special poultry (e.g., ostrich), cattle, sheep, goat, horse, donkey, rabbit and deer . Mink and raccoon dog are also on the list, possibly due to demand for their pelts. Previously, some species not in the list could be farmed (e.g., civets and bamboo rats) but farming these species is now illegal, if they are to be consumed as food. The Chinese government plans to revise this list and the changes would impact certain species and industries.
What about non-edible uses?
Non-edible use of wild terrestrial animals, such as scientific research, medicinal use, and display, are still regulated by existing laws, such as the Wildlife Protection Law (2018) and the Traditional Chinese Medicine Law (2016) . For example, it remains legal to use processed pangolin scales from a certificated source, or bear bile from legal farms for medical purposes, or stockpiled saiga horn. This means that a substantial number of species of conservation concern are unaffected by the ban.
What about the illegal trade?
Some wildlife trade is already illegal (e.g., tiger, ivory) in China, and the Chinese government has announced it will clamp down further on such trade with “aggravated punishment”, suggesting stronger penalties will be used for illegal wildlife trade. In the existing Criminal Law and its interpretation (2014), if the circumstances are especially serious, life imprisonment or death shall be sentenced .
Further details are not currently available but should become clear in forthcoming legislation. Since the rise of COVID-19, the Chinese government has investigated over 600 cases of wildlife crime , and hopefully, this greater focus on law enforcement will become the norm.
What about the Chinese public’s views?
Since the outbreak of the virus, several Chinese conservation organisations have developed a questionnaire to understand public attitudes and circulated it on Chinese social media (e.g., wechat, weibo), receiving over 100,000 responses. Among the respondents, 88% resided in urban areas, 32% have seen people eating wild animals in the past year, and 96.4% said they supported a ban on consumption of all wild animals. Those against the ban believed that “the industry of some wildlife farming is very mature”, and that “some wildlife farming can bring income.” In terms of banning all trade in wild animals, including food consumption, medicinal use and others, more than 90% of the respondents expressed a willingness to support this . Whether this is a short-term attitude because of the current situation, and whether it is shared by more rural, less internet-savvy people, remains to be seen.
Winners and losers
Certain species will definitely gain from this decision, assuming that it is well enforced. These are terrestrial wild mammal species which are legal to hunt and consume, and which are currently potentially being threatened due to this consumption. Species which fall into this category include civets and bats (both of which, by the way, have been implicated in previous epidemics). Others (particularly aquatic species and those used legally in Traditional Chinese Medicine) will not benefit from this legislation. The crack-down on breaches of existing laws may also help species traded illegally. However, the markets have not been permanently closed as yet, and so the public health, animal welfare and conservation concerns which they produce are still there.
People in the farmed wild animal industry could face severe economic losses as a result of this new legislation. Previously, the farming of certain wildlife species was encouraged by the government to help alleviate poverty . The wildlife farming industry is estimated to have created employment for more than 14 million people and worth over £56 billion, with pelt production (e.g., mink, raccoon dog, fox) representing 74.8% and food consumption involving species such as the giant salamander, frog and blue peacock, 24% . The National People’s Congress spokesman stated that local governments should guide these farmers towards other industries and provide compensation for their losses . Meanwhile, what happens to the captive-bred animals remains uncertain, with potential implications for animal welfare.
This decision may be just the start of a series of new pieces of legislation, which authorize provincial and city-level governments to implement their own measures. For example, one day after its promulgation, the Shenzhen government released a draft proposal for regional management, suggesting that the ban on animal consumption might extend to pet animals, such as cats and dogs . The National People's Congress also plans to revise the Wildlife Protection Law (2018) and other wildlife-related laws this year, which will have a long-term impact. These forthcoming legislative changes will need continued attention and efforts by Chinese NGOs and the public to make sure that the changes are as effective as possible.
It has taken so much human suffering to bring attention to this issue. However, the speed with which this new decision has been taken offers hope that the lessons of COVID-19 will be learned.
Special thanks to Melissa Arias, Dan Challender, E.J. Milner-Gulland, Xuesong Han, Amy Hinsley, Xilin Jiang, Zhi Lu, Xiao Mao, Jessica Philips, Michael ’t Sas-Rolfes, Terry Townshend, Lingyun Xiao, for their valuable comments and edits to this blog.
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 全面禁止非法野生动物交易 革除滥食野生动物陋习——全国人大常委会法工委有关部门负责人答记者问Interview with the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. Xinhua. 2020/2020-02-28. http://www.xinhuanet.com/polit... legislature adopts decision on banning illegal trade, consumption of wildlife. Xinhua. 2020/2020-02-25. http://www.xinhuanet.com/engli... without quarantine certificate, you dare to eat? Shanshui Conservation Center. 2020/2020-02-25. http://www.shanshui.org/inform... animal protection list, a ruler with blurred numbers. Shanshui Conservation Center. /2020-02-28. http://www.shanshui.org/inform... the market be opened if farming techniques are mature? Shanshui Conservation Center. /2020-02-28. https://mp.weixin.qq.com/s/Hug... of Agriculture P R of C. 中国畜禽遗传资源状况Genetic Resource of Livestock and Poultry of China. 2003.
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 野生动物修法调查 | 22天，10万份问卷，聊聊这些民间的声音 Survey on the revision of laws on wildlife: 22 days, 100,000 responses, voices from the public. Shanshui Conservation Center. 2020/2020-02-28. http://www.shanshui.org/inform... industries help poverty alleviation in Jiangxi. 2018/2020-02-28. http://www.forestry.gov.cn/mai... Academy of Engineering. 中国野生动物养殖产业可持续发展战略研究Research on Sustainable Development Strategy of Chinese Wild Animal Farming Industry. 2017.
 关于《深圳经济特区全面禁止食用野生动物条例（草案征求意见稿）》公开征求意见的公告Announcement on the public consultation on the 《Shenzhen Special Economic Zone Regulations on the Comprehensive Ban on Eating Wild Animals (Consultation Draft)》. 2020/2020-02-28. http://www.szrd.gov.cn/szrd_zyfb/szrd_zyfb_tzgg/202002/t20200225_19026852.htm.
 甲鱼等还能吃吗？农业农村部：将进一步明确养殖两栖爬行动物禁食范围 Can softshell turtles still be consumed? Ministry of Agriculture and Rural Affairs: will announce further clarification on farmed reptiles and amphibians. 2020/2020-02-29.http://www.xinhuanet.com/2020-02/27/c_1125634919.htm
This opinion piece reflects the views of the author, and does not necessarily reflect the position of the Oxford Martin School or the University of Oxford. Any errors or omissions are those of the author.