Wildlife Worth More Than a Price Tag! A Closer Look at the Legal Judgement in Hunan, China

In a recent legal case covered by the People's Court Daily published on Jan 16th 2024, the Lanshan County People's Court in Hunan province adjudicated a criminal and civil case involving the illegal hunting, acquisition, and sale of terrestrial wildlife. The court sentenced Huang Mousheng to one year and six months in prison for the illegal hunting of terrestrial wildlife and Zhang Mouwu to one year and one month for the illegal purchase and sale of such wildlife. Both defendants were also ordered to compensate for the loss of wildlife resources, with amounts set at ¥22,000 and ¥28,100, respectively. Additionally, they are required to publicly apologize within thirty days through media outlets at or above the county level.

The illegal activities unfolded between September and October 2023 when Huang Mousheng took advantage of the migratory period of northern birds passing through Lanshan. Utilizing methods like strong electric lights and bamboo poles, he engaged in the illegal hunting of wild birds in the Jiangdong Yaozu Township's Niuposhishan field in Lanshan County. Following the illegal hunting, Huang Mousheng plucked the feathers off the birds and stored them in a refrigerator owned by Zhang Mouwu. Zhang then assisted in selling these wildlife products. The court discovered 49 birds in Zhang's refrigerator during the investigation, with 40 of them identified as those illegally hunted by Huang Mousheng.

An expert assessment by Hunan's wildlife specialists valued these 49 birds, including species like Egretta eulophotes, Ardea alba, and Ixobrychus sinensis, all protected under national laws, at RMB 23,300.

While the court's verdict aligns with existing hunting and wildlife protection regulations, the attempt to quantify the loss at ¥23,300 is not flawless. Can the value of these lives be accurately measured in monetary terms? Beyond the legal standpoint, it is essential to emphasize the wider consequences of biodiversity loss and raise concerns about relying solely on financial compensation as the exclusive measure for such ecological harm.

In reality, the value of wildlife extends far beyond any monetary measure. This is a fundamental aspect that should be acknowledged in any environmental legal framework, even though we recognize the current necessity of using a monetary valuation. Indeed, in this particular case, I believe a more effective approach would be to not only impose fines but also to assign penalties that involve the individuals acting as wildlife guardians. They could be tasked with detecting, addressing, and reporting illegal wildlife activities over a designated period, perhaps spanning 12 to 24 months. This proactive role would contribute to a more holistic and sustainable approach to wildlife conservation within the legal context.

An important fact is that Lanshan serves as a crucial migratory pathway for northern birds over the past thousands of years. Previously, the China Biodiversity Conservation and Green Development Foundation has established a community conservation area in Lanshan County -- the China Conservation Area for Birds Route at Lanshan, to protect migratory birds. However, it's far from enough just by volunteer efforts in combating local poaching. We call for increased ecological protection, patrols, and stricter enforcement against wildlife crime to address these challenges comprehensively.

In essence, this news prompts a deeper reflection on the value we place on wildlife lives and the necessity for a more comprehensive approach to biodiversity conservation beyond monetary considerations.

Yet, observing the compensation for biodiversity damage in court cases, I find myself torn between admiration for the legal system's recognition of ecological harm and a sense that there's room for improvement. Firstly, these trials should be live-streamed as they involve public environmental interests. Secondly, such broadcasts could collaborate with primary and secondary schools, becoming part of "Environmental Law" classes that educators and schools can choose to integrate. This could enlighten children in the classroom about the relationship between humans and nature, sparking thoughtful consideration. Lastly, while quantifying losses with a price is a practical approach, we mustn't simplify and assume the true value of wildlife can be measured solely by conservation status. There's an intrinsic value that goes beyond protection levels.

(Please note that this article represents the author's views and does not reflect the platform's perspective.)

Author: Linda Wong

Editor: Richard Li

[Reference]

人民法院报. (2024, January 16). 非法猎捕、收购、出售“三有”野生动物 湖南二被告人破坏野生动物资源被判刑. (Illegal hunting, acquisition, and sale of "Three Havens" wildlife: Two defendants in Hunan sentenced for damaging wildlife resources). Retrieved from https://m.gmw.cn/2024-01/16/content_1303632603.htm

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