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e036352004082819890301Standing Committee of the National People's Congressepdf/e03660.pdfA1wildlife, protection, special hunting and catching license, hunting license, domestication, breeding, licensee03660Law of the People's Republic of China on the Protection of Wildlife (2004 Revision)(Adopted at the Fourth Meeting of the Standing Committee of the Seventh National People's Congress and promulgated by Order No. 9 of the President of the People's Republic of China on November 8th, 1988, and effective as of March 1st, 1989; Revised at the 11th session of the standing committee of the 10th National People's Congress of the People's Republic of China on August 28th, 2004)ContentsChapter I General ProvisionsChapter II Protection of WildlifeChapter III Administration of WildlifeChapter IV Legal ResponsibilityChapter V Supplementary ProvisionsChapter I General ProvisionsArticle 1This Law is formulated with a view to protecting and saving the species of wildlife which are rare or near extinction, protecting, developing and rationally utilizing wildlife resources and maintaining ecological balances.Article 2All activities within the territory of the People's Republic of China concerning the protection, domestication, breeding, development and utilization of species of wildlife must be conducted in conformity with this Law.The wildlife protected under this Law refers to the species of terrestrial and aquatic wildlife which are rare or near extinction and the species of terrestrial wildlife which are beneficial or of important economic or scientific value.The wildlife as referred to in the provisions of this Law means the wildlife which shall enjoy protection as prescribed in the preceding paragraph.As regards the protection of the species of aquatic wildlife other than those which are rare or near extinction, the provisions of the Fisheries Law shall apply.Article 3Wildlife resources shall be owned by the state.The state protects the lawful rights and interests of entities and individuals engaging in the development or utilization of wildlife resources according to the law.Article 4The state shall implement a policy of strengthening the protection of wildlife resources, actively domesticating and breeding the species of wildlife, and rationally developing and utilizing wildlife resources, and encourage scientific research on wildlife. Entities and individuals that have made outstanding achievements in the protection of wildlife resources, in scientific research on wildlife, or in the domestication and breeding of wildlife shall be awarded by the state.Article 5Citizens of the People's Republic of China shall have the duty to protect wildlife resources and the right to inform the authorities of or file charges against acts of seizure or destruction of wildlife resources.Article 6The governments at various levels shall strengthen the administration of wildlife resources and work out plans and measures for the protection, development and rational utilization of wildlife resources.Article 7The departments of forestry and fisheries administration under the State Council shall be respectively responsible for the nationwide administration of terrestrial and aquatic wildlife.The departments of forestry administration under the governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of terrestrial wildlife in their respective areas. The departments in charge of the administration of terrestrial wildlife under the governments of autonomous prefectures, counties and municipalities shall be designated by the governments of provinces, autonomous regions or municipalities directly under the Central Government.The departments of fishery administration under the local governments at or above the county level shall be responsible for the administration of aquatic wildlife in their respective areas.Chapter II Protection of WildlifeArticle 8The state shall protect wildlife and the environment for its survival, and shall prohibit the illegal hunting, catching or destruction of wildlife by any entities or individual.Article 9The state shall give special protection to the species of wildlife which are rare or near extinction. The wildlife under special state protection shall be of two classes: wildlife under first class protection and wildlife under second class protection. Lists or revised lists of wildlife under special state protection shall be worked out by the department of wildlife administration under the State Council and promulgated after being submitted to and approved by the State Council.The wildlife under special local protection, being different from the wildlife under special state protection, refers to the wildlife specially protected by provinces, autonomous regions or municipalities directly under the Central Government. Lists of wildlife under special local protection shall be worked out and promulgated by the governments of provinces, autonomous regions or municipalities directly under the Central Government and shall be submitted to the State Council for the record.Lists or revised lists of terrestrial wildlife under state protection, which are beneficial or of important economic or scientific value, shall be worked out and promulgated by the department of wildlife administration under the State Council.Article 10The department of wildlife administration under the State Council and governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in the main districts and water areas where wildlife under special state or local protection lives and breeds, designate nature reserves and strengthen the protection and administration of wildlife under special state or local protection and the environment for its survival.The designation and administration of nature reserves shall be conducted in conformity with the pertinent provisions of the State Council.Article 11Departments of wildlife administration at various levels shall keep watch on and monitor the effect of the environment on wildlife. If the environmental effect causes harm to wildlife, the departments of wildlife administration shall conduct investigation and deal with the matter jointly with the departments concerned.Article 12In case a construction project produces adverse effects on the environment for the survival of wildlife under special state or local protection, the construction entity shall submit a report on the environmental effect. The department of environmental protection shall, in examining and approving the report, seek the opinion of the department of wildlife administration at the same level.Article 13In case natural disasters present threats to wildlife under special state or local protection, the local governments shall take timely measures to rescue them.Article 14In case the protection of wildlife under special state or local protection causes losses to crops or other losses, the local governments shall make compensation for them. Measures for such compensation shall be formulated by the governments of provinces, autonomous regions and municipalities directly under the Central Government.Chapter III Administration of WildlifeArticle 15The departments of wildlife administration shall regularly conduct surveys of wildlife resources and keep records of them.Article 16The hunting, catching or killing of wildlife under special state protection shall be banned. Where the catching or fishing for wildlife under first class state protection is necessary for scientific research, domestication and breeding, exhibition or other special purposes, the entity concerned must apply to the department of wildlife administration under the State Council for a special hunting and catching license; where the catching or hunting of wildlife under second class state protection is intended, the entity concerned must apply to the pertinent department of wildlife administration under the government of a province, an autonomous region or a municipality directly under the Central Government for a special hunting and catching license.Article 17The state shall encourage the domestication and breeding of wildlife.Anyone who desires to domesticate and breed wildlife under special state protection shall obtain a license. Administrative measures for such licenses shall be formulated by the department of wildlife administration under the State Council.Article 18Anyone who desires to hunt or catch wildlife that is not under special state protection must obtain a hunting license and observe the hunting quota assigned.Anyone who intends to hunt with a gun must obtain a gun license from the public security organ of the county or municipality concerned.Article 19Anyone engaging in the hunting or catching of wildlife shall comply with the prescriptions in his special hunting and catching license or his hunting license concerning the species, quantity, area and time limit.Article 20In nature reserves and areas closed to hunting, and during seasons closed to hunting, the hunting and catching of wildlife and other activities which are harmful to the living and breeding of wildlife shall be banned.The areas and seasons closed to hunting as well as the prohibited hunting gear and methods shall be specified by governments at or above the county level or by the departments of wildlife administration under them.Article 21The hunting or catching of wildlife by the use of military weapons, poison or explosives shall be banned.Measures for the control of the production, sale and use of hunting rifles and bullets shall be formulated by the department of forestry administration under the State Council jointly with the public security department, and shall come into force after being submitted to and approved by the State Council.Article 22The sale and purchase of wildlife under special state protection or the products thereof shall be banned. Where the sale, purchase or utilization of wildlife under first class state protection or the products thereof is necessary for scientific research, domestication and breeding, exhibition or other special purposes, the entity concerned must apply for approval by the department of wildlife administration under the State Council or by a entity authorized by the same department.Where the sale, purchase or utilization of wildlife under second class state protection or the products thereof is necessary, the entity concerned must apply for approval by the department of wildlife administration under the government of the relevant province, autonomous region or municipality directly under the Central Government or by a entity authorized by the same department.Entities and individuals that domesticate and breed wildlife under special state protection may, by presenting their domestication and breeding licenses, sell wildlife under special state protection or the products thereof, in conformity with the pertinent regulations, to purchasing entities designated by the government.The administrative authority for industry and commerce shall conduct supervision and control over wildlife or the products thereof that are placed on the market.Article 23The transportation or carrying of wildlife under special state protection or the products thereof out of any county must be approved by the department of wildlife administration under the government of the relevant province, autonomous region or municipality directly under the Central Government, or by an entity authorized by the same department.Article 24The export of wildlife under special state protection or the products thereof, and the import or export of wildlife or the products thereof, whose import or export is limited by international conventions to which China is a party, must be approved by the department of wildlife administration under the State Council or by the State Council, and an import or export permit must be obtained from the state administrative organ in charge of the import and export of the species which are near extinction. The Customs shall clear the imports or exports after examining the import or export permit.The export of the species of wildlife involving scientific and technological secrets shall be conducted in conformity with pertinent provisions of the State Council.Article 25The forgery, sale or resale or transfer of special hunting and catching licenses, hunting licenses, domestication and breeding licenses, and import and export permits shall be banned.Article 26In case any foreigner intends, in the territory of China, to exercise surveys of or to film or videotape wildlife under special state protection in the field, he must apply for approval by the department of wildlife administration under the State Council or by a entity authorized by the same department.The establishment of a hunting area open for foreigners shall be reported to the administrative department of wild animals of the State Council for archival purposes.Article 27Anyone who is engaged in the utilization of wildlife or the products thereof shall pay a fee for the protection and administration of wildlife resources. The schedule of the fee and the procedure for collecting it shall be formulated by the department of wildlife administration under the State Council jointly with the financial and pricing authorities and shall come into force after being submitted to and approved by the State Council.Article 28Anyone who has caused losses to crops or other losses while hunting or catching wildlife shall be responsible for compensation.Article 29The local governments concerned shall take measures to prevent and control the harm caused by wildlife so as to guarantee the safety of human beings and livestock and ensure agricultural and forestry production.Article 30The administrative measures for wildlife under special local protection and for other wildlife that is not under special state protection shall be formulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government.Chapter IV Legal ResponsibilityArticle 31Anyone who illegally catches or kills wildlife under special state protection shall be prosecuted for criminal responsibility in conformity with the supplementary provisions on punishing the crimes of catching or killing the species of wildlife under special state protection which are rare or near extinction.Article 32Where anyone, in violation of the provisions of this Law, hunts or catches wildlife in an area or during a season closed to hunting or uses prohibited hunting gear or methods for the purpose, his catch, hunting gear and unlawful income shall be confiscated and he shall be fined by the department of wildlife administration; in case the circumstances are serious enough to commit a crime, he shall be prosecuted for criminal responsibility in conformity with the provisions of Article 130 of the Criminal Law.Article 33Where anyone, in violation of the provisions of this Law, hunts or catches wildlife without a hunting license or in violation of the prescriptions of the hunting license, his catch and unlawful income shall be confiscated and he shall be fined by the department of wildlife administration and, in addition, his hunting gear may be confiscated and his hunting license be revoked.Where anyone, in violation of the provisions of this Law, hunts wildlife with a hunting rifle without a license for the rifle, he shall be punished by a public security organ by applying mutatis mutandis the provisions of the Regulations on Administrative Penalties for Public Security.Article 34Where anyone, in violation of the provisions of this Law, destroys in nature reserves or areas closed to hunting the main places where wildlife under special state or local protection lives and breeds, he shall be ordered by the department of wildlife administration to terminate his destructive acts and restore these places to their original state within a prescribed time limit, and shall be fined.Article 35Where anyone, in violation of the provisions of this Law, sells, purchases, transports or carries wildlife under special state or local protection or the products thereof, such wildlife and products and his unlawful income shall be confiscated by the administrative authority for industry and commerce and he may concurrently be fined.Where anyone, in violation of the provisions of this Law, sells or purchases wildlife under special state protection or the products thereof, and if the circumstances are serious enough to commit a crime of speculation or smuggling, he shall be prosecuted for criminal responsibility in accordance with the relevant provisions of the Criminal Law.The wildlife or the products thereof thus confiscated shall, in conformity with the relevant provisions, be disposed of by the relevant department of wildlife administration or by an entity authorized by the same department.Article 36Where anyone illegally imports or exports wildlife or the products thereof, he shall be punished by the Customs according to the Customs Law; Where the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility in accordance with the provisions of the Criminal Law on the crimes of smuggling.Article 37Where anyone forges, sells or resells or transfers a special hunting and catching license, a hunting license, a domestication and breeding license, or an import or export permit, his license or permit shall be revoked and his unlawful income shall be confiscated and he may concurrently be fined by the relevant department of wildlife administration or the administrative authority for industry and commerce.Where anyone who forges or sells or resells a special hunting and catching license or an import or export permit, and if the circumstances are serious enough to commit a crime, he shall be prosecuted for criminal responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law.Article 38Any staff member of a department of wildlife administration who neglects his duty, abuses his power or engages in malpractices for personal gains shall be subject to administrative sanctions by the department to which he belongs or by the competent authority at a higher level; if the circumstances are serious enough to commit a crime, he shall be prosecuted for criminal responsibility according to the law.Article 39Any party who is dissatisfied with the decision on an administrative sanction may, within 15 days as of receiving the notification on the sanction, file an application for reconsideration to the authority at the level next higher to the one that made the decision on the sanction; if he is dissatisfied with the decision on reconsideration made by the authority at the next higher level, he may, within 15 days as of receiving the notification on the decision on reconsideration, institute legal proceedings in the court. The party may also directly institute legal proceedings in the court within 15 days of receiving the notification on the sanction. Where the party neither files an application for reconsideration, nor institutes legal proceedings in the court, nor complies with the decision on the sanction, the authority that made the decision on the sanction shall request the court to carry out a compulsory execution of the decision.Where the party is dissatisfied with a customs penalty or a penalty for violation of public security, the matter shall be conducted in conformity with the provisions of the Customs Law or the Regulations on Administrative Penalties for Public Security.Chapter V Supplementary ProvisionsArticle 40Where any international treaty with respect to the protection of wildlife, concluded or acceded to by the People's Republic of China, contains provisions differing from those of this Law, the provisions of the international treaty shall apply, unless the provisions are ones on which the People's Republic of China has made reservations.Article 41The department of wildlife administration under the State Council shall, in conformity with this Law, formulate regulations for its implementation which shall come into effect after being submitted to and approved by the State Council.The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in conformity with this Law, formulate measures for its implementation.Article 42This Law shall be implemented as of March 1st, 1989.
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Promulgated by Standing Committee of the National People's Congress on 2004-08-28
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