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.