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| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1993-10-05 | Effective Date | 1993-10-05 |
|
Regulations of the People's Republic of China for the Implementation of Wild Aquatic Animal Protection |
|---|
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 the Protection of Wildlife).
Article 2 The term "wild aquatic animal" mentioned in these Regulations
refers to the species of wild aquatic animal which are precious or being
endangered; whereas the "products of wild aquatic animal" refers to any
part of the species of wild aquatic animal which are precious or being
endangered and their derivatives.
Article 3 The competent department of fishery administration under the
State Council shall be responsible for the nationwide administration of wild
aquatic animal.
The competent department of fishery administration under the people's
governments at or above the county level shall be responsible for the
administration of wild aquatic animal in their respective administrative
areas.
The administrative sanction rights stipulated in the Law of the People's
Republic of China on the Protection of Wildlife and these Regulations shall
be exercised by departments of fishery administration or their subordinate
fishery superintendency agencies.
Article 4 The people's governments at or above the county level and their
relevant authorities shall encourage and support the relevant research or
teaching institutions in undertaking scientific research on wild aquatic
animal.
Article 5 The competent department of fishery administration and their Article 6 The competent department of fishery administration under the Article 7 The competent departments of fishery administration shall Any damage to the living and breeding waters and areas or the living Article 8 Any unit or individual shall have the right to report and Article 9 If any injured, stranded or strayed wild aquatic animal is Dead wild aquatic animal should be appropriately handled by the competent Article 10 If the protection of wild aquatic animal under special Article 11 The competent department of fishery administration under the Article 12 The catching or killing of wild aquatic animal under special If, under any of the following cases, the catching of wild aquatic animal (1) Where the wild aquatic animal has to be caught for the purpose of (2) Where the origin of the wild aquatic animal has to be obtained from (3) Where the wild aquatic animal under special protection by the State (4) Where the wild aquatic animal under special protection by the State (5) Be caught for other special reasons. Article 13 The procedures for the application for special license for (1) Where the catching of wild aquatic animal under class I State (2) Where the catching of wild aquatic animal under class II State (3) Where the catching of wild aquatic animal under class II State Any zoo applying for the catching of the wild aquatic animal under class I The department responsible for issuing the special catching license shall Article 14 No special catching license shall be issued under any of the (1) Where there are legal and non-catching method available to the (2) The application made is not in conformity with the relevant provisions (3) The catching is not justified taking into consideration the situation Article 15 The unit or individual that has obtained the special catching After the completion of catching, an application for examination shall be The competent department of fishery administration or their fishery Article 16 Any foreigner intending to make scientific surveys or to Article 17 A domestication and breeding license is required for the The competent department of fishery administration may entrust the Article 18 The sale and purchase of wild aquatic animal under special Article 19 The competent department of fishery administration and the Transactions of wild aquatic animal or their products at country fairs Article 20 An application shall be made to the competent department of Article 21 the transportation, railway, civil aviation administration Article 22 With respect of the species of wild aquatic animal to be Article 23 With respect to the export of wild aquatic animal under Where any zoo intends to import or export wild aquatic animal described Article 24 The economic benefits derived from the exhibition of wild Article 25 Any unit or individual that has achieved any of the following (1) Where outstanding contribution has been made in the survey of wild (2) Where outstanding achievements have been scored in the implementation (3) Where outstanding achievements have been made in the rescue, (4) Where any act of violation of laws and regulations on wild aquatic (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 spent continuously in a grass-root (8) Where other special contribution has been made in the protection and Article 26 Illegal catching or killing of wild aquatic animal under Article 27 Anyone, in violation of the provisions of the laws and Article 28 Where anyone in violation of the provisions of the laws and Article 29 Anyone forging, speculatively selling or transferring a Article 30 Where anyone, in violation of the provisions of the laws and Article 31 Where any foreigner makes scientific surveys, collects Article 32 Anyone who has committed any of the following acts being not (1) Refusing or impeding the fishery inspectors to carry out their duty in (2) Stealing, robbing or intentionally damaging instruments, devices or Article 33 The wildlife or the products thereof confiscated in accordance Article 34 The competent department of fishery administration under the Article 35 The Regulations shall come into force on the date of
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fishery superintendency agency shall have the right to supervise and inspect
the implementation of the Law on the Protection of Wildlife and these
Regulations, whereas all units and individuals subject to inspection shall
have the obligation to be prepared for such inspection.
Chapter II Protection of Wild Aquatic Animal
State Council and the competent departments of fishery administration under
the people's governments of the provinces, autonomous regions and
municipalities directly under the Central Government shall regularly carry
out surveys of wild aquatic animal resources and keep records of them so
as to provide the basis for the planning of the protection and development of
wild aquatic animal resources and the preparation of the list or revised list
of wild aquatic animal under special protection by the State or local
authorities.
organize all possible social forces and adopt effective measures to maintain
and improve the living environment of wild aquatic animal and to protect
and increase wild aquatic animal resources.
conditions of wild aquatic animal under special protection by the State or
local authorities by any unit or individual shall be prohibited.
charge the conduct of seizing or destroying wild aquatic animal resources to
the local departments of fishery administration and their subordinate fishery
superintendency agencies.
found in a harbor or a branch of a river by any unit or individual, the same
should be promptly reported to the local department of fishery administration
or their fishery superintendency agencies which shall take emergency measures
to rescue. Alternately, the nearby unit which is capable of rendering rescue
can be asked to take emergency first-aid measures to rescue such wild aquatic
animal, and report to the fishery administration.
department of fishery administration. Wild aquatic animal caught by mistake in
fishing operation should be freed at once without any condition.
protection by the State or local authorities causes losses, claim for
compensation may be made to the competent department of fishery administration
under the local people's government. If after investigation, it has been
established that the loss has actually occurred 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.
State Council and the people's governments of provinces, autonomous regions
and municipalities directly under the Central Government shall, in the main
districts and water areas where wild aquatic animal under special State or
local protection lives and breeds, designate natural reserves for wild
aquatic animal and strengthen the protection and administration of wild
aquatic animal under special State or local protection and of the environment
for its survival. Concrete administrative measures shall be formulated
separately by the State Council.
Chapter III Administration of Wild Aquatic Animal
protection by the State shall be prohibited.
under special protection by the State is necessary, the organization concerned
must apply for a special catching license.
scientific exploration and survey of resources;
natural waters or areas for the purpose of domestication and breeding thereof
under special protection by the State;
has to be obtained from natural waters or areas for the purpose of undertaking
scientific research above the provincial level or the production of medicine
assigned by the State;
has to be obtained from natural waters or areas for the purpose of propagation
and popularization of knowledge about aquatic wildlife or for the purpose of
education or exhibition;
catching wild aquatic animal:
protection is necessary, the application must be made to the competent
department of fishery administration under the State Council for a special
catching license, and attached with the views of the competent department of
fishery 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;
protection is 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 fishery administration under the
people's government of the province, autonomous region or municipality
directly under the Central Government for a special catching license,
and be attached with the views of the competent department of fishery
administration under the people's government at the county level,
where the applicant's residence is located;
Protection is 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 department of fishery 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 catching license, the application shall be
attached with the views of the competent department of fishery 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.
State 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 fishery administration
under the State Council for a special catching license. Where the catching
of wild aquatic animal under class II 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 fishery administration before it is submitted to
competent department of fishery 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 catching license.
decide to approve or disapprove the application within three months from the
date of receipt of the application.
following circumstances:
applicant to obtain the origin of the species of wild aquatic animal under
special protection by the State or the products thereof or to fulfill the
applicant's purpose;
of the State, or the applicant's gear or catching method is inappropriate, or
the season or location for catching is not suitable;
of wild aquatic animal resources.
license shall observe the stipulations contained therein with respect to the
species, quantity, area, time limit, gear and method of catching, in order to
prevent the wild aquatic animal from accidental injury and their living
environment from accidental damage.
made in time to the competent department of fishery administration or their
subordinate fishery superintendency agency under the relevant people's
government at county level.
superintendency agency under the people's government at the county level
shall exercise supervision and inspection over the catching of wild aquatic
animal 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 approval for the catching has been
granted.
collect specimens or to make films or videos of wild aquatic animal under
special protection by the state in the territory of China must apply to the
competent department of fishery administration under the people's government
of the relevant province, autonomous region or municipality directly under the
Central Government where the relevant species of wild aquatic animal under
special protection by the State exist. After such application has been
examined by the above said department, it shall be submitted to the competent
department of fishery administration under the State Council or by a body
authorized thereby for approval.
domestication and breeding of wild aquatic animal under class I special
protection by the State, to be issued by the competent department of the
fishery administration under the State Council. A domestication and breeding
license is required for the domestication and breeding of wild aquatic animal
under class II special protection by the State, to be issued by the competent
department of fishery administration under the people's governments of the
relevant provinces, autonomous regions or municipalities directly under the
Central Government.
competent department of construction administration at the same level to issue
domestication and breeding licenses if any zoo intends to domesticate and
breed wild aquatic animal under special protection by the State.
State protection or the products thereof shall be prohibited. Where the sale,
purchase or utilization of wild aquatic animal under class I State protection
or the products thereof is necessary for scientific research, domestication
and breeding, exhibition or other special purposes, the unit concerned must
put forward the application to the competent department of fishery
administration under the people's government of the relevant provinces,
autonomous regions and municipalities directly under the Central Government,
which shall, together with its remarks, submit the application to the
competent department of fishery administration under the State Council for
approval. Where the sale, purchase or utilization of wild aquatic animal under
class II State protection or the products thereof is necessary, the unit
concerned must submit the application to the competent department of fishery
administration under the people's government of the relevant province,
autonomous region or municipality directly under the Central Government for
approval.
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 of the business operation and utilization of wild
aquatic animal or the products thereof, and to enhance the supervision and
control over the business operation and utilization of wild aquatic animal or
the products thereof.
shall be supervised and managed by the administrative authorities for
industry and commerce, with the assistance of the competent department of
fishery administration, while those transactions outside the country fairs
shall be supervised and managed by the competent department of fishery
administration, the administrative authorities for industry and commerce or
units authorized by them.
fishery administration under the people's government at the county level,
attached with the special catching license or the domestication and breeding
license, if transportation or carrying of wild aquatic animal under special
protection by the State or the products thereof is to be effected out of a
county. The application shall be submitted to and approved by the competent
department of fishery 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 wild aquatic animal under special protection by the State
is necessary for the breeding of wild aquatic animal 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 fishery
administration at the same level.
and postal enterprises should inform the relevant administration in time to
handle the wild aquatic animal or products thereof which have no lawful
transport certificate, and are not allowed to carry, accept and send the
above-mentioned items by post.
imported or introduced from abroad, the unit concerned shall apply to the
competent department of fishery administration under the people's government
of the relevant province, autonomous region or municipality directly under
the Central Government, and such application shall be submitted to and
approved by the competent department of fishery administration under the
State Council, after going through scientific authentication by the science
research institution designated by the competent department of fishery
administration under the people's government at or above the provincial level.
special protection by the State or the products thereof, and the import or
export of wild aquatic animal or products thereof which are restricted by
international conventions to which China is a party, an application shall be
filed to the competent department of fishery 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 for scrutiny. Such application shall then be submitted to and
approved by the competent department of fishery administration under the
State Council. Where the import or export is made for trade purposes, the same
must be undertaken by the unit which has the right to be engaged in import
and export trade in the relevant commodities.
in the preceding paragraph for the purpose of mutual exchanges, the same shall
be scrutinized and agreed to by the competent department of construction
administration under the State Council, pending submission to the competent
department of fishery administration under the state Council for approval.
aquatic animal or the products thereof and from other activities shall be
mainly used for the purpose of wild aquatic animal protection.
Chapter IV Awards and Penalties
deeds shall be rewarded by the people's government at or above the county
level or by the competent department of fishery administration thereunder:
aquatic animal resources, protection and maintenance, propagation and public
education, as well as development and utilization;
of laws and regulations on wildlife protection;
protection, domestication and breeding of wild aquatic animal;
animal protection has been stopped in time or anyone who is credited with
reporting the violation thereof;
of damage to wild aquatic animal resources;
wild aquatic animal or remarkable benefits have been gained in the application
and extension of the results of scientific research;
unit on the protection and maintenance of wild aquatic animal and outstanding
achievements have been made;
maintenance of wild aquatic animal.
special protection by the State shall be liable to be prosecuted for criminal
responsibility in accordance with the Supplementary Provisions of the
Standing Committee of the National People's Congress Concerning the Punishment
of the Crimes of Catching or Killing Precious and Endangered Species of
Wildlife Under Special State Protection; if the case is obviously not serious
enough and the damage is a minor one, or the circumstances of the offence are
too light to be punished, the competent department of fishery administration
shall confiscate the captured quarries, catching gears and the illegal income
obtained therefrom, and revoke the special catching license, and impose a
fine of below ten times the value of the captured quarries or, in case there
is no captured quarry, a fine below 10,000 RMB yuan shall be imposed.
regulations on wildlife protection, destroying the main areas where wild
aquatic animal under special protection by the State or local authorities
lives and breeds in natural reserves for wild aquatic animal shall be imposed
a fine in accordance with the provisions of Article 34 of the Law on the
Protection of Wildlife, and the fine range shall be below three times the cost
for the restoration thereof.
regulations on wildlife protection, sells, purchases, transports or carries
wild aquatic animal under special protection by the State or local authorities
or the products thereof, such wild aquatic animal and products and unlawful
income obtained therefrom shall be confiscated by the administrative
authorities for industry and commerce or by the competent department of
fishery administration authorized thereby, and a fine below ten times the
value thereof shall be imposed.
domestication and breeding license shall be imposed a fine below 5,000 RMB
yuan in accordance with the provisions of Article 37 of the Law on the
Protection of Wildlife. Anyone forging, speculatively selling or transferring
special hunting and catching license or an import or export permit shall be
imposed a fine below 50,000 RMB yuan in accordance with the provisions of
Article 37 of the Law on the Protection of Wildlife.
regulations on wildlife protection, domesticates or breeds aquatic wildlife
under special protection by the State without domestication or breeding
license or domesticates or breeds wild aquatic animal under special protection
by the State beyond those specified in the domestication and breeding license,
his unlawful income shall be confiscated by the competent department of
fishery administration, and a fine below 3,000 RMB yuan shall be imposed; the
species of wild aquatic animal may be concurrently confiscated and the
domestication and breeding license may be revoked.
specimens or makes films or videos of wild aquatic animal under special
protection by the State in the field within the territory of China without
approval, the data of survey and film and video shooting and the specimens
collected by him shall be confiscated by the competent department of fishery
administration, and he may concurrently be imposed a fine below 50,000 RMB
yuan.
so serious as to constitute a crime shall, in accordance with the provisions
of the Regulations of the People's Republic of China on Administrative
Penalties for Public Security, be punished by the public security organs:
accordance with law;
facilities for protection of wildlife.
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
fishery administration under the State Council.
Chapter V Supplementary Provisions
State Council shall be responsible for the interpretation of the Regulations.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rftiowaap645