Panda exchanges, like the one that sent two bears to Washington’s National Zoo this week, are governed by strict contracts. In most countries they are never released.
Lawyers for the Smithsonian Institution, which runs the National Zoo, refused to terminate the 2020 contract, citing confidentiality clauses. The U.S. Fish and Wildlife Service, which regulates the import and export of exotic species, signed a contract with the San Diego Zoo that blacked out critical passageways.
However, my colleagues and I found complete copies of these and other documents in regulatory filings.
The deal covers two pandas at the National Zoo and two more pandas arriving in San Diego this summer.
Comparing these contracts with past contracts reveals that U.S. zoo operators are increasingly ceding power to the China Wildlife Conservation Association, the government entity that administers many panda contracts.
China’s National Forestry Administration, which oversees the wildlife group, did not respond to requests for comment.
Here we will introduce some terms.
See what we tell journalists
The pandas’ arrival in Washington and San Diego was a highly staged media event. But zoo managers agreed to limit what they could tell journalists.
Administrators cannot discuss panda illnesses, deaths, diseases, or “other matters of importance” without first consulting their Chinese partners, whose opinions “shall be fully respected.”
The contract states, “If it is necessary to disclose related information to the outside world or accept media coverage, this will only be done after the parties have communicated and discussed and reached an agreement.” “And if no agreement is reached, no news will be published.”
The San Diego Zoo said in a statement that it is common practice for partners to discuss animal welfare and “achieve mutual understanding before sharing updates publicly.”
The previous agreement contained no such “information management” restrictions.
don’t talk about money
The zoo is paying up to $1.1 million a year to rent a pair of pandas from China. To raise funds, zoos seek donations from the public and big-money philanthropists.
This arrangement is essentially a rental. China retains ownership of the panda, and the zoo will pay for the right to exhibit and care for the panda for 10 years.
But the China Wildlife Conservation Association prohibits zoos from discussing the agreement in that way. The National Zoo’s current contract stipulates that “commercial terms such as ‘lease,’ ‘rental,’ ‘loan agreement,’ or ‘contract’ may not be used.”
The zoo previously referred to the deal as a “loan.” No more. Currently, there is a “joint research and breeding agreement.”
But even the word “roan” was a euphemism, said Ron Kagan, former chief executive of the Detroit Zoo. During his tenure, the zoo declined to take in pandas, citing ethical concerns about paying for endangered species.
“You can call it whatever you want,” he said. “If you’re paying money, it’s not a loan.”
All-expenses paid trip
The zoo has agreed to pay for regular visits by Chinese panda experts to the United States to provide advice.
U.S. zoos will pay for flights, hotels, and a daily allowance of $100 to $150 per person. “Payments shall be made by the American Party directly to the Experts themselves, in cash or otherwise,” the two agreements state.
Zoos are also being asked to fly in experts to conduct research, help pandas acclimate and possibly consult on procedures such as artificial insemination.
Panda live camera limitations
Last year, Le Le, a panda at the Memphis Zoo, died after panda enthusiasts watched the panda’s condition deteriorate on the zoo’s live video feed.
Some people even paid for a billboard in Times Square.
The zoo said Le Le died of heart disease and Ya Ya had a genetic condition that caused her fur to become mottled.
Some zoos previously promoted live feeding of pandas 24 hours a day. From now on, they agreed to limit the live feed.
The San Diego Zoo has announced that it will now only provide food during the day. The zoo’s contract states that the zoo can only display “video footage or images that it has first reviewed, edited as necessary, and approved.”
Melissa Songer, a conservation biologist at the Smithsonian Institution, said in August that the National Zoo rejected the provision. That contract is not very restrictive. However, Dr. Songer said the zoo will provide footage at a later date.
Break the rules? The transaction is finished.
The China Wildlife Conservation Society can terminate the contract and bring the pandas back to China for various reasons.
“Unauthorized disclosure of related information” is one example.
The Chinese organization may recall the pandas, citing “improper feed management” and “fatal health problems for giant pandas.”
These provisions were also added after Le Re’s death.
Joy Dong and James Lambert contributed to the research.
