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| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-03-01 | Effective Date | 1992-03-01 |
|
Regulations for the Implementation of the People's Republic of China on the Protection of Terrestrial Wildlife |
|---|
Article 1 These Regulations are formulated in accordance with the
provisions of the "Law of the People's Republic of China on the Protection of
Wildlife" (hereinafter referred to as the Law on Protection of Wildlife).
Article 2 The term "terrestrial wildlife" (hereinafter referred to as the
wildlife) mentioned in these Regulations refers to the species of terrestrial
wildlife which are precious or being endangered and the species which are
beneficial or of important economic and scientific research value; whereas the
"products of wildlife" refers to any part of wildlife and their derivatives.
Article 3 The competent department of forestry administration under the
State Council shall be responsible for the nationwide administration of
terrestrial wildlife.
The competent departments of forestry administration under the people's
governments of provinces, autonomous regions and municipalities directly under
the Central Government shall be responsible for the administration of the
terrestrial wildlife in their respective administrative areas. The competent
departments of the administration of terrestrial wildlife under the people's
governments of the autonomous prefectures, counties and cities shall be
designated by the people's governments of the relevant provinces, autonomous
regions or municipalities directly under the Central Government.
Article 4 The relevant governmental authorities at or above the county
level shall encourage and support to undertake scientific research on wildlife
by the relevant research or teaching units.
Article 5 The competent department of wildlife administration shall have Article 6 Local people's governments at or above the county level shall Article 7 The competent department of forestry administration under the General surveys of the wildlife resources shall be conducted once every Article 8 The competent departments of wildlife administration of the Any damage to the living and breeding areas or the living conditions of Article 9 If any injured, sick, hungery, straitened or lost wildlife Article 10 All units or individuals shall have an obligation to take Article 11 The hunting, catching or killing of wildlife under special If, under any of the following cases, the hunting and catching of wildlife (1) Where the wildlife has to be hunted and caught for the purpose of (2) Where the origin of the wildlife has to be obtained from nature for (3) Where the wildlife under special protection by the State has to be (4) Where the wildlife under special protection by the State has to be (5) Where the wildlife under special protection by the State has to be (6) Where, on the basis of sound judgement, the wildlife has to be hunted (7) Where the wildlife under special protection by the State has to be Article 12 The procedures for the application for special license for (1) Where the catching of wildlife under first class State protection is (2) Where the catching of wildlife under second class State protection is (3) Where the catching of wildlife under second class State protection is Any zoo applying for the catching of the wildlife under first class State The department responsible for issuing the special hunting or catching Article 13 No special hunting or catching license shall be issued under (1) Where there are legal and noncatching or nonhunting method available (2) The application made is not in conformity with the relevant provisions (3) The catching or hunting is not justified taking into consideration the Article 14 The unit or individual that has obtained the special hunting The competent department of wildlife administration under the people's Article 15 Those engaging in the hunting or catching of wildlife not The hunting license shall be made by the competent department of forestry The hunting license shall be examined once a year. Article 16 The competent departments of forestry administration under the Article 17 The hunting activities shall be planned and organized by the The establishment of hunting sites in the appropriate areas shall be Article 18 The utilization of military weapons, air guns, poison, Article 19 Field survey or scientific research on wildlife under special Article 20 Any foreigner intending to make field surveys or to collect Article 21 Any foreigner engaging in hunting in the territory of China Article 22 A domestication and breeding license is required for the The competent department of forestry administration under the State The domestication and breeding licenses shall be made by the competent Article 23 With respect to the species of wildlife imported or introduced If the imported wildlife has been released without authorization or has Article 24 The precious and endangered species of wildlife imported from Article 25 Any unit purchasing wildlife of domestication and breeding No unit approved for registration according to the preceding paragraph may Article 26 Anyone engaged in the business operation or utilization of Units or individuals approved and registered to be engaged in the business Article 27 The sale and purchase of species of wildlife under special If any unit or individual with hunting license intends to sell the Article 28 The competent department of wildlife administration and the Transactions of wildlife or their products inside fair markets shall be Article 29 An application shall be made to the competent department of Article 30 With respect to the export of wildlife under special Where any zoo intends to import or export wildlife described in the Article 31 The economic benefits derived from the exhibition of wildlife Article 32 Any unit or individual that has achieved any of the following (1) Where outstanding contribution has been made in the survey of wildlife (2) Where outstanding achievements have been made in the implementation of (3) Where outstanding achievements have been made in the rescue, (4) Where any act of violation of laws and regulations on wildlife (5) Where outstanding contribution has been made in the handling of cases (6) Where great achievements have been made in the scientific research of (7) Where five years or more have been worked continuously in the (8) Where other special contribution has been made in the protection and Article 33 Illegal catching or killing of wildlife under special Article 34 Anyone, in violation of the provisions of the laws and (1) In case there are capture quarries, a fine below eight times the value (2) In case there is no capture quarry, a fine below 2,000 yuan (RMB) Article 35 Anyone, in violation of the provisions of the laws and (1) In case there are capture quarries, a fine below five times the value (2) In case there is no capture quarry, a fine below 1,000 yuan (RMB) Article 36 Anyone, in violation of the provisions of the laws and Where the main areas in which wildlife not under special protection by the Article 37 Where anyone in violation of the provisions of the laws and Article 38 Anyone forging, selling or transferring a hunting license or a Article 39 Where anyone, in violation of the provisions of the laws and Article 40 Where any foreigner makes surveys, collects specimens or makes Article 41 Anyone who has committed any of the following acts being not (1) Refusing or impeding the staff of wildlife administration to carry out (2) Stealing, robbing or intentionally damaging instruments, devices or (3) Stealing, robbing or snatching the species of wildlife that are not (4) Hunting or catching without being approved a small number of wildlife Article 42 Where anyone has violated the provisions of the laws and Article 43 Anyone who has violated the provisions of the laws and Article 44 The wildlife or the products thereof confiscated in accordance Article 45 The competent department of forestry administration under the Article 46 These Regulations shall come into force as of the date of
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the right to supervise and inspect the implementation of the Law on the
Protection of Wildlife and these Regulations, whereas all units and
individuals inspected shall have the obligation to be prepared for such
inspection.
Chapter II Protection of Wildlife
develop public education for the protection of wildlife, and may fix an
appropriate time as the "Month for Protection of Wildlife" or the "Bird-loving
Week," etc, in order to enhance the public consciousness of the protection of
wildlife.
State Council and the competent departments of forestry administration under
the people's governments of the relevant provinces, autonomous regions and
municipalities directly under the Central Government shall regularly carry out
surveys of wildlife resources and keep records of them so as to provide the
basis for the planning of the protection and development of wildlife resources
and the preparation of the list or revised list of wildlife species under
special protection by the State or local authorities.
ten years, the survey plan shall be approved by the competent department of
forestry administration under the State Council or the competent department of
forestry administration under the people's government of the relevant
province, autonomous region or municipality directly under the Central
Government.
people's governments at or above the county level shall bring coordinate all
possible social forces and adopt biological engineering and technical
engineering measures to maintain and improve the living environment of
wildlife, to protect and develop wildlife resources.
wildlife under special protection by the State or local authorities by any
unit or individual shall be prohibited.
under special protection by the State or local authorities is found by any
unit or individual, same should be promptly reported to the local department
of wildlife administration, and the local department of wildlife
administration shall take timely measures to rescue. Alternately, such
wildlife can be sent to the nearby unit which is capable of rendering rescue
thereto. The salvaging unit shall immediately report the case to the competent
department of the wildlife administration thereof, and the matter shall be
dealt with in accordance with the provisions of the competent department of
forestry administration under the State Council.
precautionary measures against any danger potential threatening wildlife under
special protection by the State or local authorities. If the protection of
wildlife under special protection by the State or local authorities causes
losses, compensation may be claimed to the department of wildlife
administration under the local people's government. If after investigation, it
has been proved that the loss has actually happened and the compensation is
necessary, such compensation shall be made by the local people's government in
accordance with the relevant provisions of the people's government of the
relevant province, autonomous region or municipality directly under the
Central Government.
Chapter III Administration of Hunting and Catching of Wildlife
protection by the State shall be prohibited.
under special protection by the State is necessary, the organization concerned
must apply for a special hunting and catching license:
scientific exploration and survey of resources;
the purpose of domestication and breeding thereof under special protection by
the State;
obtained from nature for the purpose of undertaking scientific research above
the provincial level or the production of medicine by the State;
obtained from nature for the purpose of popularization of knowledge about
wildlife or for the purpose of education or exhibition;
obtained from nature for the purpose of the requirement of State affairs;
or caught for the purpose of adjusting or controlling the population or
structure of wildlife under special protection by the State;
caught or hunted for other special reasons.
hunting or catching wildlife are as follows:
necessary, the application must be made to the competent department of
forestry administration under the State Council for a special hunting or
catching license, and attached with the views of the competent department of
forestry administration under the people's government of the province,
autonomous region or municipality directly under the Central Government where
the applicant's place of residence is located and where the catching is to be
carried out,
to be carried out in the applicant's own province, autonomous region or
municipality directly under the Central Government, the applicant must apply
to the competent department of forestry administration under the people's
government of the province, autonomous region or municipality directly under
the Central Government for a special hunting or catching license, and attached
with the views of the competent department of wildlife administration under
the people's government at or above the county level, where the applicant's
residence is located,
to be carried out across the borders of different provinces, autonomous
regions or municipalities directly under the Central Government, the applicant
must apply to the competent departments of forestry administration under the
people's governments of the provinces, autonomous regions or municipalities
directly under the Central Government where the catching is to be carried out
for a special hunting or catching license, the application shall be attached
with the views of the competent department of forestry administration under
the people's government of the province, autonomous region or municipality
directly under the Central Government where the applicant's residence is
located.
protection shall have the application examined and approved by the competent
department of construction administration under the State Council before it is
submitted to the competent department of forestry administration under the
State Council for a special hunting or catching license. Where the catching of
wildlife under second class State protection is to be carried out, the
application shall be examined and approved by the competent department of
construction administration under the government at the same level with the
competent department of forestry administration before it is submitted to the
competent department of forestry administration under the people's government
of the relevant province, autonomous region or municipality directly under the
Central Government where the applicant's residence is located for a special
hunting or catching license.
license shall decide to approve or disapprove the application within three
months from the receipt of the application.
any of the following circumstances:
to the applicant to obtain the species of wildlife under special protection by
the State or the products thereof or to fulfil the applicant's purpose;
of the State, or the applicant's hunting gear or hunting method is
inappropriate, or the season or location for hunting or catching not suitable;
situation of wildlife resources;
or catching license shall observe the stipulations contained therein with
respect to the species, quantity, area, time limit, gear and method of hunting
or catching, in order to prevent the wildlife from accidental injury and their
living environment from accidental damage. After the completion of hunting or
catching, an application for examination shall be made within ten days to the
competent department of wildlife administration under the relevant people's
government at couty level.
government at county level shall exercise supervision and inspection over the
hunting and catching of wildlife under special protection by the State within
their respective administrative area, and timely report the results of
supervision and inspection to the department by which the hunting and catching
application had been approved.
under special protection by the State must have the hunting license, and shall
observe the stipulations contained therein with respect to the species,
quantity, area, time limit, gear and method of hunting.
administration under the relevant people's government of the province,
autonomous region or municipality directly under the Central Government in
accordance with the stipulations formulated by the competent department of
forestry administration under the State Council, and shall be issued by the
competent department of wildlife administration under local people's
government at or above the county level or by a department authorized thereby.
people's governments of provinces, autonomous regions or municipalities
directly under the Central Government shall, on the basis of the current
situation of nonprotected species of wildlife resources within their
respective administrative areas, decide the species of wildlife for hunting,
and control the annual quota of hunting and catching of wildlife species. The
species of wildlife for hunting and the annual quota of hunting and catching
shall be drawn up by the competent department of wildlife administration under
the people's government at the county level in the light of the principles of
preserving resources and sustainable utilization, and approved by the
competent department of forestry administration under the people's government
of the relevant province, autonomous region or municipality directly under the
Central Government, and submitted to the competent department of forestry
administration under the State Council for the record.
competent department of wildlife administration under the local people's
government at or above the county level.
approved by the competent department of forestry administration under the
people's government of the relevant province, autonomous region or
municipality directly under the Central Government.
explosives, ground guns, rifles in group, hunting devices not directly
operated by man and threatening the safety of livestock or human beings,
illuminated hunting at night, annihilation hunting by means of encirclement,
fire attack, smoke attack and other hunting gears and methods prohibited by
the stipulations of the people's government at or above the county level or
its competent department of wildlife administration shall be prohibited.
protection by the State undertaken by scientific research bodies or
educational institutions shall be arranged by the competent department of
forestry administration under the State Council if the wildlife species
involved are those under first class protection by the State, whereas similar
arrangement shall be made by the competent department of forestry
administration under the people's government of the relevant province,
autonomous region or municipality directly under the Central Government if the
wildlife species involved are under second class protection by the State, and
the local competent department of wildlife administration shall give support
to such survey or research.
specimens or to make film or videos of wildlife under special protection by
the State in the territory of China must apply to the competent department of
forestry administration under the people's government of the relevant
province, autonomous region or municipality directly under the Central
Government where the relevant species of wildlife under special protection by
the State exist. After such application has been examined by the above said
department, it shall be submitted to and approved by the competent department
of forestry administration under the State Council or by a body authorized
thereby.
must observe the relevant provisions of laws and regulations of China, and
hunt in the hunting sites open to foreigners that have been approved by the
competent department of forestry administration under the State Council.
Chapter IV Administration of Domestication and Breeding of Wildlife
domestication and breeding of wildlife under special protection by the State.
Where production and economic results are the major objectives of the
domestication and breeding of wildlife under special protection by the State,
an application must be made to the administrative authorities for industry and
commerce for record and registration by presenting the domestication and
breeding licenses thereto.
Council and the competent departments of forestry administration under the
people's governments of the relevant provinces, autonomous regions or
municipalities directly under the Central Government may, in light of the
circumstances of the case, entrust the departments concerned at same level to
approve or issue the domestication and breeding licenses of wildlife under
special protection by the State. The competent department of forestry
administration may entrust the competent department of construction
administration at the same level to issue the domestication and breeding
licenses if any zoo intends to domesticate and breed wildlife under special
protection by the State.
department of forestry administration under the State Council.
from abroad or from other provinces, autonomous regions or municipalities
directly under the Central Government for the purposes of domestication and
breeding, appropriate measures shall be adopted to prevent the wildlife from
escaping; if it is necessary to release the species of wildlife, the unit
concerned shall apply to the local competent department of forestry
administration under the people's government of the relevant province,
autonomous region or municipality directly under the Central Government, and
such an application shall be submitted to and approved by the competent
department of forestry administration under the State Council or by a
department authorized thereby, after being proved by the research institute
designated by the competent department of forestry administration under the
people's government at or above the provincial level.
escaped owing to improper handling, same shall be recaptured within a
prescribed time limit or other remedial measures must be taken, as ordered by
the competent department of wildlife administration.
abroad may, after the examination and identification by the competent
department of forestry administration under the State Council, be considered
as the species of wildlife under special protection by the State. While other
species of wildlife imported from abroad may, after the examination and
identification by the competent department of forestry administration under
the people's government of the relevant province, autonomous region or
municipality directly under the Central Government, be considered as the
wildlife under local special protection.
Chapter V Administration of Business Operation and Utilization of
Wildlife
under special protection by the State or the products thereof shall be
proposed by the competent department of forestry administration under the
people's government of the relevant province, autonomous region or
municipality directly under the Central Government with consultation with the
parties concerned, and approved by the people's government at the same level
or the department authorized thereby, and an application, with the documents
of approval attached, shall be made to the administrative authorities for
industry and commerce for record and registration.
purchase the wildlife under special protection by the State or the products
thereof that is not permitted to be sold.
wildlife not under special protection by the State or the products thereof
shall apply to the administrative authorities for industry and commerce for
record and registration.
operation or utilization of wildlife not under special protection by the State
or the products thereof shall engage in the business operation or utilization
thereof within the limitation of the annual quota approved by the competent
department of forestry administration under the people's government of the
relevant province, autonomous region or municipality directly under the
Central Government or by a department authorized thereby.
protection by the State or the products thereof in the market place shall be
prohibited.
lawfully obtained wildlife not under special protection by the State or the
products thereof, the sale shall be made in conformity with the species and
quantity specified in the hunting license to the unit which has been approved
for registration or in the market place designated by the department concerned
under the local people's government.
administrative authorities for industry and commerce under the people's
government at or above the county level shall establish a system of
supervision and inspection over the business operation and utilization of
wildlife or the products thereof, and to enhance the supervision and control
over the business operation and utilization of wildlife or the products
thereof.
supervised and managed by the administration authorities for industry and
commerce; while those outside fair markets shall be supervised and managed by
the departments of wildlife administration, the administration authorities for
industry and commerce or units authorized by them.
wildlife administration under the people's government at the county level by
attached with the special hunting and catching license and the domestication
and breeding license, if transportation or carrying of wildlife under special
protection by the State or the products thereof is to be made out of a county.
The application shall be submitted to and approved by the competent department
of forestry administration under the people's government of the relevant
province, autonomous region or municipality directly under the Central
Government or by a department authorized thereby. If the transportation of
wildlife under special protection by the State is necessary for the breeding
of wildlife among different zoos, the application for the transportation shall
be approved by the competent department of construction administration under
the people's government of the relevant province, autonomous region or
municipality directly under the Central Government authorized by the competent
department of forestry administration at the same level.
protection by the State or the products thereof, and the import or export of
wildlife or the products thereof which are restricted by international
conventions to which China is a party, an application for examination shall be
made to the competent department of forestry administration under the people's
government of the relevant province, autonomous region or municipality
directly under the Central Government where the unit or individual concerned
is located. Such application shall be submitted to and approved by the
competent department of forestry administration under the State Council or by
the State Council. Where the import or export is made for trade purposes, same
must be undertaken by the unit which has the right to be engaged in import and
export trade.
preceding paragraph for the purpose of mutual exchanges, same shall be
examined and approved by the competent department of construction
administration under the State Council, before the application thereof has
been approved by the competent department of forestry administration under the
State Council or submitted to the State Council for the approval by the
competent department of forestry administration under the State Council.
or the products thereof in foreign countries and from other activities shall
be mainly used for the purpose of wildlife protection.
Chapter VI Awards and Penalties
deeds shall be awarded by the people's government at or above the county level
or by the competent department of wildlife administration thereunder:
resources and protection and maintenance, public education, development and
utilization;
laws and regulations on wildlife protection;
protection, domestication and breeding of precious and endangered species of
wildlife;
protection has been stopped in time or has been honoured for the prosecution
thereof;
of damage to wildlife resources;
wildlife or remarkable benefits have been gained in the application of the
results of scientific research;
grass-roots unit on the protection and maintenance of wildlife and outstanding
achievements have been made;
maintenance of wildlife.
protection by the State shall be liable to be prosecuted in accordance with
the Supplementary Provisions on the Punishment of Crimes for Catching or
Killing Precious or Endangered Species of Wildlife Under Special Protection by
the State promulgated by the Standing Committee of the National People's
Congress of the People's Republic of China, if the case is obviously not
serious and the damage is a minor one, or the circumstances of the offence are
to slight to be punished, the department of wildlife administration shall
confiscate the capture quarries, hunting and catching gears and the illegal
income obtained therefrom, and revoke the special hunting and catching
license, besides a fine of below ten times the value of the capture quarries
or, in case there is no capture quarry, a fine below 10,000 yuan (RMB) shall
be imposed.
regulations on wildlife protection, hunting or catching wildlife in nonhunting
area or during a season closed to hunting, or using prohibited hunting gear or
methods for the hunting and catching of wildlife which are not under special
protection by the State, shall be imposed a fine in accordance with the
provisions of Article 32 of the Law on the Protection of Wildlife, and the
fine shall be imposed according to the following stipulations:
of the capture quarries shall be imposed;
shall be imposed.
regulations on wildlife protection, hunting or catching wildlife which are not
under the special protection by the State without a hunting license or in
violation of the stipulations of the hunting license, shall be imposed a fine
in accordance with provisions of Article 33 of the Law on the Protection of
Wildlife, and the fine shall be imposed according to the following
stipulations:
of the capture quarries shall be imposed;
shall be imposed.
regulations on wildlife protection, destroying the main areas where wildlife
under special protection by the State or local authorities lives and breeds in
nature reserves or areas closed to hunting, shall be imposed a fine in
accordance with the provisions of Article 34 of the Law on the Protection of
Wildlife, and the fine shall be imposed below three times the cost for the
restoration thereof.
State or local authorities lives and breeds in nature reserves or areas closed
to hunting are destroyed, the competent department of wildlife administration
shall order to stop the destructive action and to restore these areas to their
original state within a prescribed time limit, besides, a fine below two
times the cost for restoration thereof shall be imposed.
regulations on wildlife protection, sells, purchases, transports or carries
wildlife under special protection by the State or local authorities or the
products thereof, such wildlife and products and his unlawful income obtained
therefrom shall be confiscated by the administrative authorities for industry
and commerce or by the competent department of wildlife administration
authorized thereby, and a fine below ten times the value thereof shall be
imposed.
domestication or breeding license shall be imposed a fine below 5,000 yuan
(RMB) in accordance with the provisions of Article 37 of the Law on the
Protection of Wildlife. Anyone forging, selling or transferring special
hunting and catching license or an import or export permit shall be imposed a
fine below 50,000 yuan (RMB) in accordance with the provisions of Article
37 of the Law on the Protection of Wildlife.
regulations on wildlife protection, domesticates or breeds wildlife under
special protection by the State without domestication or breeding license or
domesticates or breeds the wildlife under special protection by the State
beyond those specified in the domestication or breeding license, his unlawful
income shall be confiscated by the competent department of wildlife
administration, and a fine below 3,000 yuan (RMB) shall be imposed; besides,
the species of wildlife may be concurrently confiscated and the domestication
and breeding license may be revoked.
films or videos of wildlife under special protection by the State in the field
within the territory of China without being approved, the data of survey and
shooting and the specimens collected by him shall be confiscated by the
competent department of wildlife administration, and he may concurrently be
imposed a fine below 50,000 yuan (RMB).
so serious as to constitute a crime shall, in accordance with the provisions
on Penalties for Violation of Public Security Regulations, be punished by the
public security organs:
their duty;
facilities for protection of wildlife;
under special protection by the State or the products thereof;
that are not under special protection by the State.
regulations on wildlife protection and has been ordered to recapture the
wildlife or to carry out the restoration within a prescribed time limit but
has failed to do so, the recapture or restoration may be carried out by the
competent department of wildlife administration or the department authorized
thereby, and the total cost for recapture or restoration shall be borne by the
violator that has been ordered to do the recapture or restoration.
regulations on wildlife protection, if the case is so serious as to constitute
a crime, shall be liable to be prosecuted.
with the provisions of the laws and regulations on wildlife protection shall
be dealt with according to the provisions made by the competent department of
forestry administration under the State Council.
Chapter VII Supplementary Provisions
State Council shall be responsible for the interpretation of these
Regulations.
promulgation.
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