Enforcement Rules of Animal Protection

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=M0060028

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Article 1


This Enforcement Rules of Animal Protection Act (hereinafter referred to as “the Rules”) is proscribed pursuant to Article 39 of the Animal Protection Act (hereinafter referred to as “the Act”).


Article 2


Applicant who applies for slaughtering animals pursuant to the Article 12, Paragraph 1, Subparagraph 4 of the Act shall submit an application form to the competent authority with following documents:
1.Applicant name, address and personal identification document.
2.The species and amount of slaughtered animals, and the reason of slaughter.
3.The time period for slaughtering animal.
4.The place for slaughtering animal.


Article 2-1


The clamps(leghold traps) depicted in the Article 14-1, Paragraph 1, Subparagraph 6 and Article 14-2 are the devices designed to catch and restrain an animal by using strong spring operated two jaws either with or without a serrated edge or teeth.


Article 2-2


Applicant who applies for manufacturing or importing clamps(leghold traps) is limited under any of the following conditions:
1.With the essentiality of using clamps(leghold traps) pursuant to the Article 21 of the Wildlife Conservation Act.
2.With the approval of the competent authority for using clamps(leghold traps) pursuant to the Article 21-1 of the Wildlife Conservation Act.
3.With the essentiality of using clamps(leghold traps) pursuant to the Article 14-1 of the Act.
4.Commissioned by foreign contract manufacturing clamps(leghold traps) and used exclusive- -ly for export to overseas.
5.With the essentiality of using clamps(leghold traps) for other purposes based on public welfare.
Applicant who applies for manufacturing clamps(leghold traps) is limited to manufacture by one’s own, shall not be entrusted to others expect for the situation depicted in the preceding Paragraph, Subparagraph 4.
Applicant who applies for exporting clamps(leghold traps) is limited under the situation depicted in the Paragraph 1, Subparagraph 4.
Applicant who applies for displaying clamps(leghold traps) is limited under the situation depicted in the Paragraph 1, Subparagraph 5.
Applicant who applies for manufacturing, displaying, importing or exporting clamps(leghold traps) shall submit an application form in batches with following documents to the central competent authority and be waived for Subparagraph 4 to Subparagraph 6 while applying for export.
1.Personal identification documents of the applicant or legal registration verification documents if acting as legal person.
2.The documentary proof complying with the applicable requirements. Applicant who applies for import shall submit photocopies of foreign quotations. Applicant who applies for export shall submit photocopies of foreign orders.
3.The Quantity(amount), type specifications, drawings or photographs of clamps(leghold traps).
4.The instructions of using or displaying clamps(leghold traps): duration, location , purposes, and target captured animals shall at least be included.
5.The instructions of traceable mark(tag) on clamps(leghold traps): adopt the code or other non-removable labeling and the identifiable user name and serial number shall be included.
6.The instructions of protective measures while using clamps(leghold traps) and the subsequent management of removal and destruction of clamps(leghold traps).
7.Other relevant information required by the central competent authority.
Applicant who applies for selling clamps(leghold traps) is limited under those who receives the approval from the central competent authority pursuant to the preceding Paragraph and exclusively sell to the persons who comply with the Paragraph 1, Subparagraph 1 to Subparagraph 3 and Subparagraph 5.
Applicant who applies for selling clamps(leghold traps) shall submit an application form in batches with following documents to the central competent authority:
1.Personal identification documents of the applicant and buyer; or legal registration verification documents if acting as legal person.
2.The documentary proof of the buyer complying with the applicable requirements depicted in the Paragraph 1, Subparagraph 1 to Subparagraph 3 and Subparagraph 5.
3.The Quantity(amount), type specifications, drawings or photographs of clamps(leghold traps) to be sold and the approval issued by the central competent authority complying with the Paragraph 5.
4.The instructions of using clamps(leghold traps) of buyer: location , purposes, target captured animals, protective measures and subsequent management of removal and destruction of clamps(leghold traps) shall at least be included.
5.Other relevant information required by the central competent authority.


Article 2-3


The central competent authority for the preceding article, when necessary, may invite experts, scholars, the representatives of relevant authorities and civil societies to involve in reviewing operations.


Article 2-4


The central competent authority is entitled to not issue the approval if the enclosed documents or information are incomplete with no corrections, or no corrections or supplements are to be made by the deadline.
The central competent authority is entitled to not issue the approval if the enclosed documents or information are not in compliance with the regulations on using clamps(leghold traps) depicted in the Act or the Wildlife Conservation Act.
The central competent authority is entitled to not issue the approval if the enclosed documents or information are forged, faked or false and is entitled to cancel the issued approval.
The central competent authority is entitled to abolish the issued approval if the essentiality of using clamps(leghold traps) has been disappeared (non-existed) before the expiry of the permit period.
The central competent authority is entitled to not issue the approval if the applicant reapplies in two years with any one of the situations depicted in Paragraph 2 and Paragraph 3.
The central competent authority shall make a notice on web to expose the contents of approval of Article 2-2 including duration, location, purposes, quantity(amount), varieties of target captured animals and protective measures of using clamps(leghold traps).
The case of the preceding paragraph shall not apply for permission of period extension of the issued approval.


Article 3


The institution that performs the scientific application of animals referred to in the Article 16, paragraph 1 of the Act, including as follows:
1.Schools above the level of college.
2.Animal drug manufactory.
3.Medicine manufactory.
4.Biological drug manufactory.
5.Hospital.
6.Research institution.
7.Other scientific application animal designated by the central competent authority.


Article 4


(deleted)


Article 5


The animal protection inspector depicted in the Article 23, Paragraph 1 of the Act who shall pass the specific training made by the competent authority at the central government level. The volunteer inspector shall pass the specific training made by the municipal or county (city) competent authority.
The municipal or county (city) competent authority shall provide the identification documents for animal protection inspector and volunteer inspector.


Article 6


While volunteer inspectors assist in animal protection inspection work, they shall be under the supervision of animal protection inspector.


Article 7


The owner who has raised these animals before the announcement of public notice by the central competent authority pursuant to Article 8 of the Act regarding the animals that are prohibited from being raised, exported or imported, shall make registration to the municipal or county (city) competent authority within six months subsequent to the public notice.


Article 8


The owner who would like to propagate these animals announced by the central competent pursuant to the Article 36, Paragraph 2 of the Act, shall make registration to the municipal or county (city) competent authority within three months after the birth of the animal.


Article 9


The owner who has made registration according to the former two Articles (the Article 7 and Article 8) shall make registration for alteration to the original authority within one month of such event whilst changes his residence address or the feeding animal location, The foregoing shall apply to the animals which have been acquired or assigned registration.


Article 10


The owner shall apply for the cancellation of the registration to the original authority within one month of the death of the animals referred to the Article 7 and Article 8.
For the loss of the animals referred to the Article 7 and Article 8, the owner shall report the loss to the original authority within one month of such event. Animals having been reported as missing and not found within one year shall be deemed dead, and the registration of such animals shall be nullified by the registration authority.


Article 11


The formats of form, certificate, permit and chart in the Rules herein shall be prescribed by the central competent authority.


Article 12


The Rules shall come into enforcement from the date of promulgation