Hong Kong Animal Law & Protection Organisation

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Tell Me More: Under The Ocean

World Ocean Day is an annual event that aims to promote conservation of our oceans, including its diverse marine life. World Ocean Day was on Tuesday 8 June this year. Over 70% of the Earth’s surface is covered by oceans and seas. It is one of the most important foundations to our planet: affecting and regulating the climate, containing diverse marine ecosystems with significant impacts on the environment, being a significant resource for trade and finances (e.g. fishing, shipping), and more. The ocean is facing significant threat as a result of human activity. The history of Hong Kong is deeply connected to the sea, beginning as a fishing village, and “becoming Asia’s second-highest per-capita seafood consumers.”[1] Despite the perception of Hong Kong as an urban jungle, Hong Kong ‘harbours more than 25% of all marine diversity recorded in China, even though it only accounts for about 0.03% of its marine coastline.’ [2]

In this instalment of Tell Me More, HKALPO interviews two experts to understand what action can be, and is being taken to conserve our marine life. Our experts focus on coral and sharks respectively, and they are:

Can you describe the goals of your lab, and some of the key areas studied?

Dr. Baker:    

My lab focuses on marine ecosystems, with a particular interest in coral systems. I’m attracted to coral systems because they are beautiful and important economically, but also serve as reservoirs for marine life. [An appropriate] analogy is coral are like buildings in a city, creating infrastructure that provides habitats for other organisms. The question is: if you build [the city], will [other organisms] come?

 We take a variety of approaches, spanning time and space. We have some projects focusing on historical ecology – using sediment records to look at the past and see what we have lost. We also have present day research, focusing on modern marine ecosystems and understanding biodiversity and how it varies with human disturbance. The last is future-looking aspect, engaging in coral restoration. We’re trying to understand how, if we build an ecosystem from scratch, how we can recruit other organisms and measure the success [of those ecosystems], how the marine system functions, and whether there’s value for human intervention.

 

Why are coral often considered as underwater landscape (akin to trees) and not as animals?

Dr. Baker:     

Coral are confusing organisms – they look like plants and feel like rocks. They’re a unique group of animals with very few common features with organisms. Coral can be separated from its partners, and one of the key partners in symbiosis [are] unicellular dinoflagellates. They are tiny algal cells that live inside coral cells by the millions. Coral in the strict sense can be separated from [these] algal partners, but many reef building coral will die if you do. 


Why should we care about coral populations?

Dr. Baker:

Selfishly, coral present a tremendous value to humanity. [They have] economic benefits in billions of US dollars; they protect coast lines from erosion; they are nursery grounds for one third of commercially important fish species; they are a reservoir for pharmaceutical. They are also beautiful, and provide economic activity in terms of tourism.

 

How can we change the public perception on coral conservation?

Dr. Baker:     

Hong Kong has interesting circumstances. There is a large captive audience due to the pandemic. The local diving community is estimated to be 30,000 [people], many of which are spending $50,000 or more on diving activities, and [because of the pandemic], that is now focused on local diving.

[Hong Kong has] a number of initiatives at government and NGO levels that tap into the enthusiasm for ecotourism. Many people [who go] diving want to take pictures – and they want to know more about [the things they see and take pictures of] and contribute to it. I get a lot of inquiries these days from local diving clubs and school groups who want to conduct their own coral restoration project. There is a strong desire to make a positive difference. We can build on this momentum to educate local and international [communities] on the importance of coral.

 

What are threats to coral populations and Hong Kong marine flora and fauna?

Dr. Baker:     

Locally, I tend to be more optimistic. Our historical ecology research [shows] the past has [changed in] a positive way.

Going back to the Qing dynasty, there were quite a number of people who were engaged in mining coral, [including] removing the living and dead coral skeletons and carbonate structures from marine environment … for creating lime for construction and fertilising. Many archaeological experts refer to this as Hong Kong’s first industrial endeavour. We don’t know how much was lost, [because] it was a period that spanned hundreds of years, and [it] didn’t end until World War II. [It is] almost something that we have no living memory of; and what’s left are lime kilns that are archaeological sites scattered along perimeter of Hong Kong.

Photo Credits: (top) China Mike; (bottom) Lily Heise

Then there was a period of time in 1980s and 90s where Hong Kong and Guangdong started this explosive pace of development. The population grew dramatically, and Victoria Harbour was filled in for reclamation – and a lot of that activity was destructive. Dredging was done without any knowledge of environmental mitigation, [causing a] tangible change in the environment.

Since then, we’ve seen a real shift in the way government policies are improving the situation. After 90s, the government quickly enacted a lot of water quality legislation, and embarked on an effort to centralise wastewater treatment such that you can now swim in the Victoria Harbour. Trawling ban is another amazing policy achievement: in 2013, [it was] one of the greatest successes in the planet. All these efforts are continuing, although it is in the background.

All in all, it is a good thing – it’s a sign of recovery. As long as we continue to support those efforts, and [the] public demands clean waters and healthy wildlife, we will continue to see gains.

All of these positives couldn’t come any sooner because we need to get our marine house in order and prepare for the coming threat of climate change. This is not just warming, but also precipitation. We are expected to get more rainfall which means more land-based runoff and marine debris. Managing that is going to be a big challenge in the future.

We are entering unknown time period – we need to be making observations and using science to inform future policy. I should also add that our job as scientists is to inform the government and public on emerging issues. As the government contemplates another round of land reclamations [Lantau Tomorrow Vision], we hope they will be listening to public concerns and best science, and if they are going to proceed, to do so in a way that minimises environmental damage as far as possible.

 

How do you envision the local coral population and marine biology changing over time?

Dr. Baker:     

The future is always interesting to think about. For one, we are going to have longer warm periods … and we’re going to become more tropical, which has interesting implications for the marine environment.

[Hong Kong has a] mixture of temperate and tropical species. In winter we have a lot of seaweed growing on coral communities. [We also have] lots of oysters and bivalves normally not in major abundance with corals. With tropicalisation we expect coral would have advantage, a­­nd potentially increase [in coral] area. [But this will be] at the expense of some seaweeds, [and there will be] consequences for marine life that survive off the seaweed.

[We might also see] range expansion – especially with a helping hand – for coral. We may see new species that are migrating from tropical areas, and this could be facilitated by government initiatives: coral reef restoration to increase coral area, or assisted migration. China represents an interesting singular jurisdiction where we could feasibly move coral from tropical areas (e.g. Hainan) and move those north to Hong Kong, or Xiamen to help them accelerate their progress.

Coral [naturally] move their range through reproduction – most are broadcast spawners, releasing larvae in the water, [and] they can form a new reef given a suitable environment. But coral reproduce maybe once or twice a year, and this can take a long time. Given the pace of development and climate change, it is very difficult for nature to keep up with that – and we should consider greater human intervention to assist them.

 

What measures exist in Hong Kong to protect coral and marine biology?

Dr. Baker:     

From a more direct sort of perspective, corals in Hong Kong are protected: it’s illegal to harvest them or found in possession without proper permits.[3] That sort of protects them from being damaged and over-harvested. But with coral, there’s not much of a legal issue that I’m aware of – I work with a number of people at HKU on wildlife trade research, but so far I haven’t had a chance to use my coral reef expertise. It mainly focuses on fish and other types of wildlife. 

[We] also have good governmental oversight over special areas. Many of our marine parks are home to vibrant coral communities, [and they] have a certain level of protection.[4] The Government has also worked with local fisherman to understand importance of those parks. In those areas, fishing may be permitted, but anchoring is prohibited or discouraged.[5]

In addition to wastewater treatment plans, there are exciting things in the pipelines, [which will] further improve water quality and reducing fishing pressure. As long as these efforts are praised and recognised, we can expect more positivity in the future.

 

Are these measures sufficient? If not, what further steps can / should be taken?

Dr. Baker:     

It’s okay to give government some credit; it’s been a marathon for them, [since] they’re dealing with a lot of challenges. The marine environment is as challenging as landscape with respect to zoning and competing usage – since there are so many stakeholders. Being able to bring them to table to discuss sustainability is quite an achievement that shouldn’t be discouraged.

Real engagement takes time, especially in relation to a fishing industry which is so entrenched and revered in local culture. That sort of historical memory is equally entrenched in the modern community. Unfortunately, it’s not a viable profession anymore [as fishermen] cannot harvest enough to make it a worthwhile endeavour. But the government are working with fishermen to get them to commit to mariculture or land based culture which we know are required to meet future demand for seafood.

What can be done on individual and corporate levels to improve protections to marine life and coral?

Dr. Baker:     

At this time in history, [we are] seeing commitment from corporate entities. [For example,] finance sector is interested in green finance, and new financial products that can help not only mitigate climate change but also make money. There’s somewhat of convergence in understanding that healthy ecosystem is providing a lot of tangible value to humanity. In considering the costs of climate change, a “do nothing” approach is incredibly destructive to global economy. There’s a widespread awareness now that intervention is going to save us a lot of those costs along the road.

A lot of corporate entities are finding solutions. With other corporate entities, great deal of entities are interested in Environment Social Governance concepts. I have talked with a lot of corporate entities that have training programmes – they want to get [their employees] outside, with hands-on learning about different environments and make a difference in the workplace. Some of this is ‘greenwashing,’ which is just for PR; but other times it’s sincere. We shouldn’t question too much, as along the way, more people are being educated and exposed – and that’s only a positive outcome.

I often get the question of how individuals can help, and that’s a change in way society approaches these issues; we’re always asking each other what can we do as individuals. But the narrative needs to change – we need to start demanding change from consumer driven society we live in.

We need to press on with corporate responsibility – what are the people with all the money doing about this? For example, big oil employs the smartest people – the pursuits to finding fossil fuels are astonishing. Imagine if a fraction of that energy and brain power mobilised to more sustainable source of energy! Without government and public pressure, I don’t think they’re going to change.

I feel very strongly that public is being victimised, and told that this is our fault – somehow the corporate world who is supplying us with all of the things we consume – what are they doing? That’s what I would really like to know. Having said that, the average person can educate themselves. Locally, you can check out the WWF Sustainable Seafood Guide,[6] which helps people make better choices about eating better seafood. Most Hong Kongers don’t want to be responsible for extinction of species they’re eating.

 

How is science / your lab supporting conservation management to improve local coral populations / marine biology?

Dr. Baker:     

Going back to the concept of restoration: the 3D printed tiles give us the ability to create a coral reef where one does not exist. We know from coral mining that the process removes the hard bottom from the sea floor, [which is] where coral and other animals attach themselves. If a baby coral tries to attach to the sandy bottom, it would likely get buried.

An interesting question in science is how is coral reef started; and we don’t know. The project accelerates the establishment. I was challenged by the existing environment – and thought about how people tile floors. I thought, maybe we could do something like that, which would provide surface to attach coral, and give them opportunity to create a new reef where it doesn’t exist. We spent time designing and refining the tiles, and then partnered with the Faculty of Architecture [at HKU]. Their robotics fabrication lab enabled them to turn our concepts into reality. I’ve bene fascinated by 3D printing technology and its ability to create complex structures, which is essential for marine diversity. The Faculty of Architecture were printing in terracotta, which is an eco-friendly material.

We have a pilot project with the government in Hoi Ha Wan. We found that the coral are surviving and growing quite well. As soon as we put the tiles on the sea floor, it attracted other marine life. We even documented a female cuttlefish laying eggs.

There’s a lot of positivity around this innovative technology and we aim to build upon that and trial upon that – and expand to, for example, mangroves or oyster reefs.

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What legislation exists in Hong Kong to prevent shark finning? Is the current legislation enough to stop the trade? If not, what does Hong Kong need to do in terms of the law in this area?

Ms. Richey:   

The only legislation we have right now is the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586). They recognise 12 CITES[7] shark species and that’s it. Clearly, it’s not enough – if it is enough, then when I take people on tours, I wouldn’t see hundreds of thousands of fins every day; and thousands of shops.

When the buying stops, the killing stops too. In Mandarin, “沒有買賣就沒有 殺害”.

Agriculture, Fisheries and Conservation Department (“AFCD”) is the only entity along with the Hong Kong Customs and Excise Department that is allowed to seize cargo [containing shark fin]. But that only works to seize the mules who are transporting shark fin.

The further problem with [the existing legislation] is that the only way you can tell if the shark fin is an endangered species [under Cap. 568] is through DNA testing. Even if you suspect that a shipment of shark fin contains an endangered species, you have no [immediate] way to know whether it falls under 1 of 12 CITES protected species. The only way would be to take the shark fins to a lab, test the fin, and someone [needs to] pay for that – and maybe the budget doesn’t allow for that seizing and testing. Why would I, as a customs or AFCD officer, risk the chance of alienating a group [being one of the shark fin selling shops] by taking away the product?

Courtesy of HK01.

To improve the law, we need to pass the new [Private Member’s] bill promoted by [Legco Member] Elizabeth Quat. [The bill will] help stop wildlife trafficking of endangered species. It takes all the species [currently] protected under Cap. 586, and puts it under the Organised and Serious Crimes Ordinance (Cap. 455) (“OSCO”).

A number of things will happen. [First,] it will enable the Hong Kong government to expand their powers to other government branches to investigate possible endangered species crimes instead of just limiting the powers to the AFCD and customs under Cap 586. Second, it gives the police and government the ability to go after the kingpins – which is good, because we need to go to the source of the problem. Third, it will allow the police to go after the money, enabling them to confiscate the proceeds of the crime. And further, as I understand it, it also has evidentiary [implications], allowing the government greater to access to evidence under OSCO; which is not allowed under Cap. 586.


The law will help us because we [Hong Kong] are the wildlife crime hub of the world. Globally All criminals know that – when they are doing human trafficking, drug trafficking, prostitution and wildlife crime trafficking – that it is very hard for them to get arrested thus further promoting the wildlife crime hub reputation that Hong Kong has.

 

What legislation exists in other countries to prevent shark finning?

Ms. Richey:   

There is good news as of May 2021: the UK has banned the import and export of shark fins. You can still bring a whole shark in, but not just the fins. [This] stops the drive of the trade in Asian community, which is important. It was only passed at the end of May – only because Britain has left the European Union – and they are now trying to get the EU partners to follow suit.

Two of the biggest shark exporters in world are the USA and Australia – [and to my knowledge,] nothing is going on in Australia. But in the USA, the Shark Fin Sales Elimination Act was passed in the House of Representatives in 2019. It reached the Senate in January 2021, but Florida’s [Senator] Marco Rubio sadly squashed it after it spent two years of going through the House. It’s ironic that he [Marco Rubio] is from Florida as we know that that an alive shark is worth more than a dead shark. Oceana conducted a study in 2017,[8] showing that a dead shark is worth about US $1 million, whereas a live one is worth over US$ 200 million. The Shark Fin Sales Elimination Act is now back in the US House of Representatives which will make it illegal to possess, buy, sell shark fins or any product containing shark fin. There is also an active petition by San Francisco based Shark Stewards[9] supporting this important Act which I encourage people sign to help to raise awareness and put much needed pressure on the Representatives in the US to endorse this long overdue legislation.

 

What can individuals do to prompt governmental action?

Ms. Richey:   

We estimate 100 million sharks are killed per year for their fins. But due to the increased demand for the whole sharks – because more parts of the shark are being utilised – marine biologists estimate it is closer to 270 million sharks that are being killed per year. It’s a global shark crisis, and we are not just curbing the appetite for shark fin soup.

Hong Kong is quite unique because we estimate about 50% of the global shark fin trade is imported through Hong Kong. There are over 500 species of sharks, but sadly only 12 are protected by CITES and therefore Hong Kong’s Cap. 586.  In Hong Kong we have the power to do more at a grassroots level by signing petitions to encourage companies to stop selling shark fin soup and by educating people to reduce or stop their consumption of shark fin soup and ALL shark products.  To participate and take action, individuals can find these important petitions on the Hong Kong Shark Foundation website[10] which we can encourage people to sign to support the shark conservation cause.             

 AOY: Ms. Richey described the different ways the whole shark is now being used, including in fish and chips – called ‘rock salmon’, ‘flake’, or ‘lemonfish’ to hide from the customer what they are really eating; shark liver is used for squalene, which is commonly seen in most chemists in Hong Kong, and are predominantly made for the Chinese market and in cosmetic products; Italy (among other countries) also produces shark-leather products; shark steaks are being sold in addition to other fish steaks; scraps are sold to be used in pet food; Chinese culture of 鮑參翅肚 (abalone, sea cucumber, shark fin, and fish maw) is traditionally regarded as ‘good luck’ and a ‘must have’ for weddings.

 

Can you tell us more about what action Hong Kong Shark Foundation has taken, and any success stories?

Ms. Richey:   

[Hong Kong Shark Foundation has affected restaurants and hotel groups to pledge to stop serving shark fin soup in their branches, these include:]

Maxims, as of 1 January 2020, they stopped selling shark fin in all of their [55] seafood restaurants. Cathay Pacific in 2016, which stopped shipping ‘sustainable shark products’ as we asked what sustainable sharks were and did not believe in that; they pulled the programme. Food Panda in May 2021 has stopped selling shark products – there were 450 shark products on the menu.

We continue to actively promote petitions like the one targeting the large restaurant chain like Tao Heung which as 88 seafood restaurants in Hong Kong, asking them to stop serving shark fin.

 

How can individuals participate and help the sharks?

Ms. Richey:   

When talking about taking action, we talked about taking a pledge. This can be taken one step further, such as having a shark free wedding. We have three major campaigns:

  1. Shark-Free Weddings – we encourage people getting married to to have shark free weddings, and to explain to staff why they chose not to have shark (e.g. putting on the table facts about sharks);

  2. Shark-Free Companies – corporates and NGOs need to collaborate to work from a corporate social responsibility standpoint to stop people from eating shark fin soup. What this does is incorporate a pledge in the employee manual – when staff go out to dinner with clients, they can bring up the company shark free policy. This allows clients and employees to save face, and can be a vital part of a company’s CSR and sustainable development goals.

  3. Shark Ambassador Education Campaign – Our Shark Ambassador education program reached over 11,000 kids in 2019 at over 45 schools before Covid-19 hit, but we are pleased to announce that so far in 2021 we have spoken already to over 7600 kids at over 45 schools and look to double that before the year is finished. 

The five key words that are our mission at HKSF are  to “raise awareness about shark conservation” and using social media is key to that awareness raising globally. And you can support our cause by following, liking and sharing our posts on any of our social media sites like Facebook, LinkedIn, Instagram, Twitter and Weibo to get the knowledge out there.

When I quit my job in legal world in 2015, I started to volunteer teaching kids about sharks because I believe education is the key to saving sharks. I consider myself a farmer and I’m planting the seeds of change. I started teaching kids about shark conservation and it worked very well. In 2016, I spoke to about 2,600 students and by the end of 2019, I had increased our outreach by 350%, speaking to over 11,000 students.  So far in 2021, we have spoken to over 7,600 students and we believe we at HKSF are getting the message out there.

 

We have been on a walking tour which was extremely insightful – do you plan to continue with these? Why do you think walking tours are so impactful?

Ms. Richey:   

The short answer is we are absolutely going to continue with walking tours. I’m going to put together a summer educational walking tour for kids – where parents can bring kids and have a field trip.

The words I often hear are ‘eye opening’. The most common statement I hear is “I used to live here and walk by this every day, and did not realise the devastation we are causing to the ocean”. You can listen to me talking and see the images, but [people] don’t realise there’s a real disconnect between what’s happening and what they’re eating. This cause effect – ‘but for’ as lawyers know it – is really important. It’s also interesting to hear their outsiders view of what they learn from our tour. Most people go away with a greater understanding of the impact that our over consumption of the sea is having on our planet, but they also leave more compassionate and more understanding people need to make cognitive changes to their consumption habits to make a positive impact on the planet for our future.

 

What is the best way people can contact you if they or their business/school want to learn more about the problems with shark fin trade?

Ms. Richey:   

Anyone can reach out to us on our website or social media pages.  We survive and thrive on volunteers who are compassionate and action oriented. How wonderful would it be if everyone who reads this article gets their company to become a shark-free company. How fantastic for our client’s the sharks!

The takeaway is that you can be the change, and make a difference. One of my favourite quotes by Dr. Sylvia Earle is  ‘no one can do everything, but everyone can do something’.  Remember – when the buying stops, the killing stops too!

See also: Ms. Richey’s Tedx Talk from 2019.

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Our Observations.

Our oceans are our planet’s support system but unfettered development and unsustainable practices including shark finning continue to put our oceans at risk. Luckily, there are NGO’s and experts, such as both of our interviewees, who continue to work tirelessly to protect the numerous species of marine life that call the ocean home. But change does not happen overnight, and it requires us all to make more informed choices in our every day life. Continuing to educate the public about the issues and problems we have caused and how we can all contribute to supporting ocean biodiversity is a small, but important step towards a better future. Furthermore, through the enactment and implementation of better and more protective laws in relation to all marine wildlife including sharks and targeting those that continue to trade in shark products will also ensure that Hong Kong is able to play its part in ensuring that the ocean maintains some semblance of balance.

As Mother Teresa famously said “we ourselves feel that what we are doing is just a drop in the ocean. But the ocean would be less because of that missing drop.”


References

[1] https://www.wwf.org.hk/en/oceans/

[2] https://conservationpaleorcn.org/uncategorized/hong-kong-corals/

[3] Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586).

[4] Marine Parks Ordinance (Cap. 476).

[5] Further information is provided at https://www.afcd.gov.hk/english/country/cou_vis/cou_vis_mar/cou_vis_mar_pla/cou_vis_mar_pla_mpmp.html

[6] https://www.wwf.org.hk/en/oceans/seafood/guide/

[7] Convention on International Trade in Endangered Species of Wild Fauna and Flora https://cites.org/eng/disc/text.php

[8] https://usa.oceana.org/SharkEconomics?_ga=1.201177646.1634645673.1488292338

[9] https://sharkstewards.org/usa-sharkfin-ban/

[10] https://www.hksharkfoundation.org/take-action/