Linda Wong: Celebrating World Food Day with Biodiversity Conservation, Why We Filed Litigation to Safeguard Earthworms?
Biodiversity is facing a rapid loss over the past decades. Traditional conservation policies often focus on the protection of endangered species, primarily relying on national lists of protected animals. Earthworms, however, are not included in any such lists. Yet, due to market forces and over-exploitation, their decline can lead to severe ecological consequences. Driven by profits from the medicinal market, many people in some regions have resorted to using electric earthworm machines to mass-capture these organisms over the past two decades, resulting in soil degradation and significant impacts on local soil ecological functions. This raises a crucial question: how can we reassess the relationship between money and non-priority protected species to promote sustainable conservation? This article explores the dynamics of money and power in conservation through the case of environmental public interest litigation (EPIL) against electric earthworm machines, it provides a case study on existing conservation models and to propose more inclusive and sustainable policy recommendations.
【Background of the Case】
In the ancient Chinese medical text "Shennong Bencao Jing," earthworms, referred to as "dilong," are listed among 67 animal medicines, believed to promote circulation and alleviate blood stasis. In recent years, with the rapid development of e-commerce, several platforms have begun selling devices such as "electric earthworm machines" and "earthworm catchers," marketed for their efficiency in capturing wild earthworms. Despite attracting many consumers, the use of these devices poses a severe threat to soil health and ecological balance. Reports indicate that these devices work by electrocuting earthworms from the soil, leading to mass deaths and negatively impacting soil biodiversity and ecological functions. For instance, a report from Hainan in 2015 revealed that local farmers noted, “we can hardly see many earthworms here”. These machines can capture significant quantities of earthworms in a single use, with some farmers claiming they could harvest hundreds of pounds at once.
With the use of exterminators for earthworms, 10 to 12 pounds of live worms can be dried to produce just 1 pound of dried earthworms. In 2022, the market price for dried earthworms soared to 270 yuan per kilogram, creating a significant incentive for their mass harvesting.
I began focusing on this issue at the end of 2019. As a co-founder of the "Wildlife-free Ecommerce" Initiative, I studied relavant laws and regulation. Through research and online investigation, we discovered that the primary production and distribution points for these "electric earthworm machines" were located in Zhongshan, Guangdong Province. After multiple failed attempts to report these sales to various e-commerce platforms, including Taobao, we decided to form volunteer team to conduct on-the-ground investigations, hoping to resolve the issue through legal means.
I consulted many experts on the matter. Initially, many experts were skeptical about this issue, as wildlife protection in China primarily relies on species being listed in official catalogs, and earthworms are clearly absent from these lists. However, some experts expressed their support and encouraged us to explore innovative approaches, hoping that we could establish a groundbreaking legal precedent in this matter.
I
received support from Professor Wang Fei, a soil expert from the Chinese
Academy of Sciences. On March 15, 2020, together we published an post titled
"Please Protect Earthworms: They Are Guardians of Soil Health | The
E-commerce Action Against Wildlife Exploitation Focuses on Electric Earthworm
Machines and Other Destructive Trapping Tools", calling for greater
attention to biodiversity conservation and sustainable use for non-priority
protected species. The core issue and biggest challenge was that biodiversity
conservation in the country was focused on "endangered species
protection", and earthworms were not included on that List or Catalogue.
Subsequently, the China Biodiversity Conservation and Green Development
Foundation (CBCGDF) held several symposiums involving experts, scholars,
lawyers, farmers, ecologists, and other stakeholders to discuss the issue.
【Lawsuit filed to safeguard environmental public interest】
Building on this groundwork, on July 17, 2020, CBCGDF formally filed an environmental public interest lawsuit against three companies, including Zhongshan Rongzhe Optoelectronics Co., Ltd., which sold electric earthworm machines. In our legal complaint, we argued that these merchants provided unspecified users the means to exterminatively capture earthworms, thus disrupting the ecological balance of earthworm habitats and leading to irreversible ecological damage. Their actions constituted environmental infringement, and they should bear corresponding legal responsibility. We petitioned the Zhuhai Intermediate People's Court to order these companies to cease the illegal sale of devices used for capturing earthworms, to compensate for the ecological service function losses during the period of illegal damage, and to publicly apologize to society through national media.
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This was the first battle manifesto I published in March 2020, declaring war on the phenomenon of "electrofishing for earthworms." I was fortunate to receive support from Chinese scientist Professor Wang Fei.
The case was fraught with challenges. However, I am pleased to report that we ultimately won. The first-instance ruling by the Zhuhai Intermediate People's Court recognized that earthworms are wild animals of significant importance in soil ecosystems and that economic utilization must remain within reasonable limits. The court concluded that the sale of electric earthworm machines by Rongzhe Optoelectronics and the other companies enabled buyers to capture earthworms through electrocution, which is detrimental to the sustainable utilization of earthworms and soil ecosystems. Taking into account the nature of the companies' actions and the profits gained from these infringements, the court ordered Rongzhe Optoelectronics to compensate 950,000 RMB for ecological damage, while the other two companies were ordered to compensate 420,000 RMB and 220,000 RMB, respectively. They were also mandated to publish a public apology in national media.
Dissatisfied with the ruling, the three companies appealed to the Guangdong Provincial Higher Court. On February 17, 2022, the higher court dismissed their appeal and upheld the first-instance judgment.
Through
environmental public interest litigation (EPIL), we challenged the existing
logic surrounding conservation policies. This case is significant as it
demonstrated that the exploitative use of non-endangered species is also
illegal, pushing us to rethink the dynamics of money, power, and their
implications for conservation practices.
【Expanding impact & aftermath: Policies followed the case】
Following the landmark ruling in the environmental public interest litigation concerning the "electro-earthworms" case, we have observed a significant expansion of outcomes that highlight the growing recognition of earthworm conservation efforts in China.
Local prosecutors have begun to take notice of the illegal practices associated with "electro-earthworms" activities, leading to increased public interest litigation aimed at addressing these harmful behaviors. In July 2022, a joint directive was issued by several government agencies, including the Ministry of Agriculture and Rural Affairs, the National Forestry and Grassland Administration, the State Administration for Market Regulation, the Ministry of Ecology and Environment, the Ministry of Public Security, the National Administration of Traditional Chinese Medicine, and the National Medical Products Administration. This important document, titled "Notice on Strengthening the Protection of Wild Earthworms and Improving Soil Ecological Environment," mandated investigations into the use of electric methods for capturing wild earthworms and the illegal purchase and processing of these organisms in farmland, forests, wetlands, grasslands, and natural reserves.
On August 26, 2022, the Intermediate People's Court of Bijie City, Guizhou Province, publicly heard a civil public interest lawsuit initiated by the Bijie People's Procuratorate concerning the illegal capture of wild earthworms using electric methods. The prosecution requested the court to order the defendants, including Liu Moujun and three others, to immediately cease inciting villagers to use prohibited tools for capturing, purchasing, processing, and selling wild earthworms illegally. The procuratorate sought compensation for wildlife resource losses amounting to 177,390 yuan, ecological service function losses of 38,655.1 yuan, and an assessment fee of 10,000 yuan, along with a public apology in national media. After deliberation, the court ruled in favor of the procuratorate's requests.
In
September 2022, officials from the Science and Education Department of the
Ministry of Agriculture and Rural Affairs responded to inquiries about the
protection of wild earthworms, emphasizing that various government departments
would unite to combat the practice of electrocuting earthworms and promote the
improvement of soil ecological environments.
This case has also propelled modifications to China's Wildlife Protection Law. On December 30, 2022, the revised law expanded the definition of "wildlife" in Article 49, Clause 2. It now states that violations of provisions regarding capturing terrestrial wildlife using prohibited tools or methods in natural reserves or protected areas will lead to confiscation of illegal gains and penalties of one to three times the value of the confiscated items. In cases where there are no confiscated items or their value is less than 1,000 yuan, fines ranging from 1,000 to 3,000 yuan will apply, with criminal charges possible for serious violations. This legislative change extends protection from "nationally protected wildlife" to include "other terrestrial wildlife," thus establishing legal grounds for the protection of wild earthworms. With the new Wildlife Protection Law taking effect on May 1, 2023, unlawful practices such as electrocuting earthworms will face more stringent enforcement and corrective measures.
On December 5, 2022, ahead of the second phase of the 15th Conference of the Parties to the Convention on Biological Diversity (COP15), the Supreme People's Court released a report titled "Judicial Protection of Biodiversity in China," which commended the Guangdong court for its handling of the case concerning the illegal sale of electric tools for capturing earthworms. The report criticized exploitative practices that deplete natural resources, likening them to "draining the swamp" or "killing the hen that lays the golden eggs."
By early 2023, the call to "protect earthworms" found its way into the "Central Committee of the Communist Party of China and the State Council's Opinions on Key Work for Comprehensive Rural Revitalization in 2023," commonly referred to as the "No. 1 Central Document." In a dedicated section on "Strengthening High-Standard Farmland Construction," the document explicitly stated the need to "severely crack down on behaviors that harm soil, such as electrocution of earthworms." This marked the first instance of such language appearing in a Central Document.
The
trajectory of this case illustrates not only a growing awareness of the
ecological importance of earthworms but also a broader commitment to
strengthening environmental laws and policies in China. The momentum generated
by this litigation serves as a model for addressing issues surrounding the
conservation of non-endangered species and demonstrates the critical role that
legal action can play in safeguarding biodiversity.
【Conclusion &
Reflection】
As
one of the initial advocates of this earthworm-protection initiative, alongside
our CBCGDF volunteers and colleagues, biodiversity protection team, legal
professionals, and conservation experts, we elevated the significance of the
humble earthworm and the biodiversity it represents to a new level of
protection. Over three years of concerted effort led to our success, and I
extend my gratitude to all contributors.
Our decision to file in Guangdong was strategic, as we leveraged the newly revised Wildlife Protection Management Regulations effective May 1, 2020, which explicitly prohibit the use of electric shock and electronic trapping devices for hunting wild animals. This regulation broadened its scope to include "other terrestrial wildlife," providing a legal foundation for the protection of local earthworms.
This case underscores the urgent need to reassess how financial interests impact the conservation of non-endangered species and their ecosystems. By shifting our focus to these overlooked organisms, we can promote a more inclusive and sustainable approach to biodiversity conservation that recognizes the interconnectedness of all species and their roles in maintaining ecological balance.
Furthermore,
as the COP15 of the Convention on Biological Diversity wrapped up and a new
Post-2020 Global Biodiversity Framework borne in the end 2022, this
environmental public interest litigation serves as a paradigm. It represents a
shift from a narrow focus on "endangered species protection" to a
broader commitment to "ecosystem conservation," with significant
implications not only in China but globally.
Author:
Linda Wong
Contact:
linda.wong@cbcgdf.org
Editor: Daisy
【reference】
小小蚯蚓，为何被“中央一号文件”点名？
时间：2023-04-13 作者：杨璐嘉 来源：检察日报-公益周刊
https://www.spp.gov.cn/zdgz/202304/t20230413_611053.shtml
央视报道绿会环境公益诉讼之电蚯蚓案：《蚯蚓遭“灭绝式”捕杀！发生了什么？》
https://www.thepaper.cn/newsDetail_forward_18600595
中央电视台的报道：
https://mp.weixin.qq.com/s/O0UdOFctWV8VxWL_aLST2Q
农业农村部科技教育司有关负责人就野生蚯蚓保护相关问题答记者问
2022-09-13
12:44 来源： 农业农村部网站
https://www.gov.cn/zhengce/202212/content_6716656.htm
“电捕野生蚯蚓”民事公益诉讼案，当庭宣判！
时间：2022-08-27 来源：贵州省检察院微信公众号
https://www.spp.gov.cn/zdgz/202208/t20220827_575090.shtml
“电蚯蚓机第一案”落槌，为何电捕野生蚯蚓屡禁不绝？
2022年08月12日 05:44 来源：成都商报
https://www.chinanews.com.cn/sh/2022/08-12/9825566.shtml
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