Is the Chinese sturgeon on the menu an illegal sale or a marketing gimmick?
2024-08-01
The Chinese sturgeon is a large migratory fish that migrates upstream to spawn. It is one of the oldest vertebrates on Earth and was listed as a first-class protected wild animal in 1988. In 1997, it was listed as a protected species in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In 2010, it was upgraded to a critically endangered (CR) protected species by the International Union for Conservation of Nature (IUCN). However, such precious aquatic wildlife actually appeared on the menu of a certain restaurant. After learning of this clue, the Procuratorate of Fengxian District, Shanghai, fulfilled its duties in accordance with the law and urged administrative agencies to strengthen supervision. Recently, prosecutors followed up and supervised through online inspections and offline visits, and found that the menu of the restaurant involved in the case no longer included "Chinese sturgeon", and the promotion of "Chinese sturgeon" was no longer included in the recommended dish advertisements. In September 2023, the Fengxian District Prosecutor's Office received a clue provided by volunteers of "Yixin Weigong", stating that a restaurant in the district recommended dishes that included "Chinese sturgeon", possibly selling key protected wild animals. After receiving the clue, the prosecutor immediately went to the restaurant involved in the case to conduct an investigation. The prosecutor found at the scene that the restaurant's signature dish is steam stone pot fish, and various fresh products are displayed in the fully transparent seafood fish tank in the seafood sales display area of the restaurant. The recommended dish advertisement at the entrance includes content such as "Fresh Fish Order and Kill Chinese Sturgeon 88 yuan/jin". After scanning the QR code and placing an order, the prosecutor saw an introduction in the mini program that read 'Special Chinese sturgeon, with a long crispy tendon inside that can be eaten directly, mainly weighed'. In addition, prosecutors found on a certain review software that the restaurant has been promoting its service of freshly killed live fish, including Chinese sturgeons, since it was included in the software in January 2022. According to relevant regulations such as the Wildlife Protection Law and the Implementation Regulations for the Protection of Aquatic Wildlife, the state implements classified and graded protection for wild animals, and focuses on the protection of precious and endangered wild animals; National key protected animals with mature and stable artificial breeding technology shall be included in the list of national key protected aquatic wildlife through scientific demonstration and evaluation. They can only be sold and utilized with a special identification obtained through artificial breeding license or filing. The Chinese sturgeon has been included in the national list of key protected aquatic wildlife and is under first-class protection, but it has not been included in the list of artificially bred national key protected aquatic wildlife. Therefore, the sale and use of Chinese sturgeon are illegal activities. After analysis, the prosecutor believes that if the "Chinese sturgeon" sold by the involved restaurant to the public is a nationally protected aquatic wild animal, the Chinese sturgeon, its behavior may be suspected of criminal offenses, and the clues should be promptly transferred to the public security organs; If a merchant publicly sells other non protected sturgeons or artificially bred hybrid sturgeons under the name "Chinese sturgeon" just to attract attention, it violates the provisions of the "Shanghai Chinese Sturgeon Protection and Management Regulations", constitutes false advertising, not only infringes on the legitimate rights and interests of consumers but also disrupts the market competition order. The relevant administrative regulatory departments should supervise and manage the operation and utilization of aquatic wildlife or their products. However, the restaurant has been publicly selling Chinese sturgeons for a long time since its opening, and the relevant administrative regulatory departments have not been able to effectively supervise it, resulting in incomplete and untimely performance of duties. Subsequently, the Fengxian District Procuratorate issued prosecutorial recommendations to relevant administrative regulatory departments, suggesting that they fully perform their duties in accordance with the law, further investigate the operation of Chinese sturgeon in the restaurants involved, and investigate and punish corresponding illegal behaviors according to the investigation results, and do a good job in the protection and management of Chinese sturgeon. After receiving the prosecutorial suggestion, the relevant administrative regulatory department immediately organized law enforcement personnel to verify the relevant situation. After investigation, the parties involved purchased a common sturgeon from a certain seafood store to make corresponding dishes, and promoted and sold it under the name of "Chinese sturgeon". Upon commission, the East China Sea Fisheries Research Institute of the Chinese Academy of Fishery Sciences has issued a report on the identification of aquatic species. The report states that through comparative analysis of morphological characteristics, the two samples operated by the involved restaurant are not Chinese sturgeons. At the end of December 2023, the relevant administrative regulatory authorities made an administrative penalty decision on the restaurant involved, imposing a fine of 30000 yuan. The relevant administrative regulatory departments also conducted investigations into similar cases, investigating more than 180 market entities such as agricultural markets, supermarkets, and restaurants in their jurisdiction, and seized 2 cases of false advertising of Chinese sturgeon, 3 cases of failure to fulfill the purchase inspection and certification system, and established a long-term supervision mechanism. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：people.com.cn
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