Fish and marine invertebrates not protected in Hong Kong under WAPO, Cap 170

Hong Kong is a signatory to the Convention on Biological Diversity.

Article 8 (In-situ Conservation), Para (k) of the Convention states Contracting Parties shall:

“Develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations”.

Case study - A threatened species in Hong Kong which cannot be protected

Tachypleus tridentatus, the Chinese horseshoe crab is a marine invertebrate and is a locally threatened species in Hong Kong, yet there are no provisos in local legislation to adequately protect it, fish or any other marine invertebrates.

This is because the laws on Wildlife Protection in Hong Kong are inconsistent in definition and inapplicable to many species. As such, they do not meet the requirements of Article 8 (k) of the Convention on Biological Diversity. This situation is unsatisfactory and needs to be addressed.

Current situation in Hong Kong

Three ordinances relate to various aspects of the protection of animals in Hong Kong:

(a) Cap 169 – Prevention of Cruelty to Animals Ordinance;

(b) Cap 170 – Wild Animals Protection Ordinance (WAPO); and

(c) Cap 171 – Fisheries Protection Ordinance.

Under these ordinances, the following definitions are applicable:

Cap 169 – Prevention of Cruelty to Animals Ordinance

"animal" (動物) includes any mammal, bird, reptile, amphibian, fish or any other vertebrate or invertebrate whether wild or tame;

Cap 170 – Wild Animals Protection Ordinance (WAPO)

"animal" (動物) means any form of animal life other than fish and marine invertebrates;

Cap 171 – Fisheries Protection Ordinance

fish (魚類) includes all forms of aquatic life and turtles

Based on the above, Cap 169 offers protection to invertebrates and fish from cruelty, whilst Cap 171 offer various protections against fishing and fishing practices, but Cap 170 offers no protections to fish or marine invertebrates.

As such, neither fish nor marine invertebrates are adequately protected in Hong Kong, which is inconsistent with the requirements of Article 8 (k) of the Convention on Biological Diversity.

Recommendation

In order to meet the requirements of Article 8 (k) of the Convention on Biological Diversity, it is recommended a review be conducted of Cap 170, the Wild Animals Protection Ordinance and other related ordinances, to ensure Hong Kong can meet its obligations as a signatory to the Convention.

Catastrophic declines in Tachypleus tridentatus in Hong Kong due to over-harvesting by a Japanese pharmaceutical company

Between 1980 and 2001, a Japanese pharmaceutical company set up a clandestine horseshoe crab bleeding facility in Hong Kong, to extract Tachypleus Amoebocyte Lycate (TAL) from local populations of the Chinese horseshoe crab Tachypleus tridentatus.

This clandestine bleeding facility was set up in a shark fin warehouse in Sheung Wan District, Hong Kong and horseshoe crabs were delivered there on a daily basis from the local trawling fleet. The crabs were bled dry, then returned to the fishermen for disposal.

In parallel with these clandestine bleeding activities, populations of T. tridentatus in Hong Kong collapsed, with conservative scientific estimates putting population declines at around 90%. Anecdatal accounts suggest declines in excess of 99%

Japanese pharmaceutical company has set up other clandestine horseshoe crab bleeding facilities

Having bled the Chinese horseshoe crab population of Hong Kong dry, this pharmaceutical company tried to set up similar clandestine facilities in China, but State Law prohibits the export of horseshoe crab products, so they moved their attention to Vietnam and Indonesia, where they now operate similar clandestine bleeding facilities.

Fish and marine invertebrates are not protected in Hong Kong under Wild animals Protection Ordinance, Cap 170

Article 8 (In-situ Conservation), Para (k) of the Convention on Biological Diversity states Contracting Parties shall:

“Develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations”.

Because of these activities T. tridentatus, the Chinese horseshoe crab, a marine invertebrate has become a locally threatened species in Hong Kong, yet there are no provisos in the Wildlife Animal Protection Ordinance, CAP 170 to protect it, fish or any other marine invertebrates.

Photographs of clandestine horseshoe crab bleeding facility in Hong Kong

Photographs of the clandestine horseshoe crab bleeding facility in operation in Hong Kong in the early 2000’s are posted below:

Horseshoe crabs were delivered from the local trawling fleet on a daily basis.

Bleeding being conducted in a shark fin warehouse.

Quality control - Japanese pharmaceutical company style!

Hong Kong BSAP - Convention on Biological Diversity - Article 3.

This post covers Article 3 of the Convention of Biological Diversity for the purpose of assessing what is relevant to horseshoe crabs and their habitats in Hong Kong. Under the Convention of Biological Diversity, Article 3 states:

“States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction”.

Horseshoe crab protections in China

In China horseshoe crabs are listed as ‘Grade II Protected Animals of China’ in the ‘List of State Key Protected Wildlife’. In Zhejiang, Fujian and Guangdong provinces and Guangxi Zhuang Autonomous Region, they are classified as ‘Key Protected Aquatic Wildlife’.

Horseshoe crab imports into Hong Kong

Horseshoe crabs are imported into Hong Kong on a daily basis, as the photographs taken at North Point Ferry Pier fish market in July 2011 shows:

The most likely source of these horseshoe crabs is China. Because these imports possibly violate the laws of China, these imports also violate the principle of Article 3. Because of this, the Hong Kong Biodiversity Strategies and Action Plan (BSAP) should include provisos to cover this issue.

Legislation elsewhere – The Lacey Act (USA)

Under the Lacey Act, it is unlawful to import, export, sell, acquire, or purchase fish, wildlife or plants that are taken, possessed, transported, or sold: 1) in violation of U.S. or Indian law, or 2) in interstate or foreign commerce involving any fish, wildlife, or plants taken possessed or sold in violation of foreign law. Details of the Lacey Act can be found at the following link:

http://www.fws.gov/international/laws-treaties-agreements/us-conservation-laws/lacey-act.html

Comment

Article 3 has wide ranging implications if Hong Kong is to meet its responsibilities under the Convention of Biological Diversity, and because of Hong Kong’s leading role in the international seafood trade, its implementation could have implications for many businesses, including Traditional Chinese Medicine, the shark fin trade, the dried seafood trade, the live reef fish trade and the aquarium trade, to name just a few.

Assessing Hong Kong’s Biodiversity - Horseshoe crabs

This blog will assess the following areas under the Convention of Biological Diversity for the purpose of taking stock what is relevant to horseshoe crabs and their habitats in Hong Kong.

The assessment areas will broadly follow the articles in the Convention, as listed below:

Article 3 – Principle

3. Protection principle

Article 7. Identification and Monitoring

7a (a). Species

7a (b). Habitat types

7c (a). Adverse activities (Species)

7c (b). Adverse activities (Habitats)

Article 8. In-situ conservation

8a. Protected areas

8b. Protected area protocols

8c. Resource management

8d (a). Ecosystem protection
8d (b). Viable populations

8e. Sustainable development

8f (a). Degraded habitats

8f (b). Habitat restoration

8 f (c). Species recovery

8h. Alien species

8j. Local knowledge

8k. Legislation (Species)

Article 9. Ex-situ conservation

9. Ex-situ conservation

Convention on Biological Diversity

The Convention on Biological Diversity (CBD) was adopted at the United Nation Conference on Environment and Development (the Rio ‘Earth Summit’) on 29 December 1993.

The Convention serves to provide a framework for nations to act against the diminishing of global biological diversity. There are currently over 190 Parties to the Convention, including China.

The Convention was extended to Hong Kong on 9 May 2011.

The Convention on Biological Diversity website can be found at the following link:

http://www.cbd.int/

The text of the Convention can be found here:

http://www.cbd.int/convention/text/