How China's Wildlife Trade Legislation Permits Commercial Trade in Protected Wild Animal Species

Abstract

Wildlife trade policies in China and elsewhere have come under increased scrutiny following suggestions that the emergence of the coronavirus SARS-CoV-2 may have been linked to trade in wild animals. The breeding of and trade in most terrestrial wild animal species for consumption as food were prohibited in China in February 2020, but trade for non-food purposes such as ornamental items or traditional medicine continues to be covered by provisions in the Wildlife Protection Law (WPL). While a superficial reading of the WPL could lead to the conclusion that commercial trade in nationally protected species is generally prohibited, in practice key language is interpreted to permit commercial trade in the parts and derivatives of protected wild animal species, including those subject to the most stringent protection within China and internationally, such as leopards and pangolins.