SMPG GO D〔2020〕No.7

Attention：all District People's Governments and all Commissions, Offices and Bureaus of the Municipal People’s Government:

With the consent of the Municipal People’s Government, the Notice on the Implementation of the Decision of the Standing Committee of the National People's Congress on the Comprehensive Prohibition of Illegal Trade of Wild Animals, the Elimination of Abusively Eating Wild Animals and the Effective Protection of the People's Health and Safety (hereinafter referred to as the "Decision") is made as follows:

I. Clarifying the division of responsibilities and strengthening the implementation of responsibilities

First, strengthening organizational leadership. Governments at all levels must fully understand the importance of comprehensively prohibiting illegal wildlife trade and eradicating the abusively eating of wild animals, resolutely implement the spirit of the "Decision", lift political positions, strengthen risk prevention, increase awareness of responsibility, and perform duties according to law. The main responsible comrades of the district people’s governments are the first responsible persons. It is necessary to strengthen organizational leadership and coordinate the abuse prohibition within the jurisdiction. All sub-districts, towns (townships) and villages (communities) must implement their territorial management responsibilities, take overall responsibility for wildlife protection and food safety within their jurisdiction, and resolutely put an end to abusive consumption.

Second, establishing a joint meeting system. Establish the municipal-level joint meeting with an under-secretary-general of the Municipal People’s Government as the convener, the Municipal Landscaping and City Appearance Bureau, the Municipal Agricultural and Rural Commission, the Municipal Market Supervision Bureau, the Municipal Public Security Bureau, the Municipal Justice Bureau, the Municipal Transportation Commission, the Municipal Network Information Office, the Municipal Health Commission, the Municipal Urban Management and Law Enforcement Bureau as members, coordinate relevant work, study and formulate regulatory measures. District and below governments shall attach great importance to wildlife protection and establish a working mechanism corresponding to the municipal level. Relevant departments shall perform their respective duties, cooperate closely, and work together to form a joint regulatory force.

Third, urging the implementation of the subject responsibility of business. Relevant departments shall urge and guide agricultural (trade) markets, supermarkets, catering units, e-commerce platforms and other business sites or subjects to adjust and change production and business activities that do not meet the requirements of the "Decision" in a timely manner, and effectively undertake social responsibility of public health safety and ecological protection. For those who have received administrative and criminal penalties for violations of laws and rules, the relevant departments shall, in accordance with relevant regulations, bring relevant information into the national enterprise credit information publicity system and implement joint punishment.

II. Strengthening the whole process of supervision and banning illegal transactions

First, strengthening source management. The landscaping and city appearance, and agriculture and rural departments shall strictly approve the wildlife administrative licensing items in their charge, strictly control the entry threshold, stop accepting applications for administrative approval of wild animals and their products for edible purposes, strengthen post-event supervision, and ensure that the artificial breeding of non-edible wildlife and other activities are carried out in an orderly manner according to laws and rules. Do a good job in the connection management of species included in the List of Genetic Resources of Livestock and Poultry, legally clean up and rectify units for artificial breeding of wild animals for food purposes, withdraw and cancel the licenses and related documents of units for artificial breeding of wild animals for food purposes. Do a good job in the rescue and disposal of wild animals. For artificial breeding units and individuals that breed wild animals that are included in the prohibitive range, the district people’s governments shall formulate relevant compensation policies in accordance with the principles of “territorial management, all withdrawal as required, and legal compensation” to guide and assist affected raisers to transfer to other production and business orderly.

Second, strengthening supervision of transportation and delivery. The relevant departments such as transportation, postal, railway, and customs shall increase the supervision and inspection of the transportation, carrying, and delivery of wild animals and their products. For illegal transportation and delivery of wild animals and their products, the inspection and tracking shall be strengthened, and the penalties increased according to the "Decision" to effectively block the illegal transaction chain.

Third, strengthening the market supervision. The landscaping and city appearance, agriculture and rural, market supervision, urban management and law enforcement and other relevant departments shall strengthen the market supervision and inspection, strengthen the supervision of trading venues such as agricultural (trade) markets, supermarkets, catering units, temporary stalls, e-commerce platforms, etc. Close, rectify and seal up according to law the illegal operators and business premises; strengthen the cleaning of various media, shop signboards, street signs, outdoor advertisements, etc., to prevent the behavior of soliciting and inducing customers to eat wild animals; supervise and guide the closed space of shopping malls to change the business format and prevent zoonotic diseases by using the business model of animal exhibitions.

Fourth, incorporating the grid management mechanism. Incorporate illegal hunting, production, sales and consumption of wild animals into the urban grid management, and the urban grid management organization shall improve the discovery mechanism, and promptly notify the relevant law enforcement departments of investigation and punishment for violations discovered during the inspection.

III. Strengthening joint prevention and control, and severely cracking down on violations of laws and rules against wild animals

First, severely cracking down on the behavior of abusively eating wild animals. The landscaping and city appearance, agriculture and rural, market supervision, public security, transportation, network information, postal services, railways, urban management and law enforcement and other departments shall strengthen coordination and cooperation and effectively form a joint force for law enforcement. Relevant departments shall mobilize their backbone forces, carry out "prohibition of eating" joint special law enforcement actions, and eliminate the illegal consumption of wild animals in this Municipality. It is necessary to comprehensively rectify various forms of advertisements and information releases related to "wild game" such as outdoor advertisements, shop signs, restaurant menus, etc., and focus on rectifying the illegal sales of frogs, snakes, wild birds and other wild animals in various markets, catering units, and scenic stalls. Impose severe penalties according to law for the illegal behaviors of abusively eating wild animals. The landscaping and city appearance, agriculture and rural departments shall take the lead in strengthening the business training for other relevant law enforcement agencies, provide species identification for the relevant law enforcement agencies, do a good job in the handling of wild animals handed over by law enforcement, and work together with relevant departments to improve the connection between administrative law enforcement and criminal justice. Establish a cooperative mechanism of information sharing, convenient communication, effective prevention, prompt investigation and punishment to combat the destruction of wild animal resources in a timely manner, and improve law enforcement efficiency.

Second, severely cracking down on illegal hunting and fishing. The landscaping and city appearances, agricultural and rural departments shall strengthen the protection of ecologically sensitive areas such as wildlife distribution areas, important habitats, migratory passages, etc. Intensify patrols of various farmlands, orchards, woodlands, nurseries, fish ponds, wetlands and water areas, implement patrol duties, and severely crack down on illegal hunting and fishing. Governments at all levels shall increase investment in personnel and funds for wildlife protection to ensure work needs. In areas where the distribution of wild animals is relatively concentrated and the illegal hunting is prominent, the district people’s government may designate a hunting ban area in accordance with legal procedures, establish a long-term management mechanism, and aggravate penalties.

IV. Strengthening the prevention and management of masses and laying a solid foundation for the protection of wild animals

First, strengthening publicity and guidance. The justice, landscaping and city appearance, agriculture and rural departments shall organize the publicity and interpretation of the "Decision" and related laws and rules on wildlife protection, and widely publicize and correctly understand the significance and main content of the "Decision". Publicity, education and other departments shall actively give play to their respective fields of expertise, let the protection concept enter the institutions, schools, communities, and villages, and popularize scientific knowledge such as ecological environmental protection and public health. Departments such as press and publication, film, cultural tourism, and online communications shall strengthen the review and supervision of information such as public publications, films, television, and online media, and guide the public to establish a scientific concept of wildlife protection. The Civilization Office shall incorporate wildlife protection work into the creation of civilized towns and villages.

Second, encouraging social participation. Encourage grassroots autonomous organizations, social organizations, volunteer groups and individuals to participate in wildlife protection and law enforcement supervision. The landscaping and city appearance, agricultural and rural departments and other relevant law enforcement departments shall publish to the public the telephone numbers or e-mail addresses for the supervision and reporting of the destruction of wildlife resources and abusive consumption of wild animals, and encourage units and individuals to report or prosecute violations of laws and rules. Reports or complaints shall be dealt with in accordance with the law in a timely manner, and appropriate rewards shall be given after verification, and the required funds shall be included in the budget of the competent department at all levels.

V. Promoting the revision of laws and rules and improving relevant regulations and measures

First, adjusting the list of key local protections. The municipal landscaping and city appearance bureau and the municipal agricultural and rural commission shall strengthen the management of wildlife protection in accordance with the National List of Key Protected Wild Animals and the National List of Protected Terrestrial Wild Animals with Important Ecological, Scientific and Social Values; do a good job in the connection of the List of Genetic Resources of Livestock and Poultry, accelerate the adjustment of the Shanghai List of Key Protected Wild Animals and strictly implement the catalog management system.

Second, promoting the revision and improvement of relevant regulations and measures. The Municipal Justice Bureau, the Municipal Landscaping and City Appearance Bureau, the Municipal Agricultural and Rural Commission and other departments shall, in accordance with legal procedures, carry out the review of the relevant laws, regulations and normative documents of this Municipality, and propose amendments and improvements as soon as possible if they are inconsistent with the "Decision". Implement and detail the upper laws to ensure the effective implementation of the "Decision". It is imperative to focus on major issues such as maintaining public health safety and ecological environment safety, and accelerate the study and formulation of local rules on wildlife protection and related supporting documents.

This Notice shall be effective as of the date of issuance.

　　Shanghai Municipal People's Government General Office

　　May 22, 2020