People's Republic Of China Law On Wildlife Protection

Original Language Title: 中华人民共和国野生动物保护法

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Deputies of the 11th meeting of the Standing Committee on the revision of the People's Republic of China Wildlife Conservation Act decision (August 28, 2004, deputies of the 11th meeting of the Standing Committee) to deputies of the 11th meeting of the Standing Committee decided to People's Republic of China Wildlife Conservation Act read as follows: the 26th article is revised as follows: "establishment of hunting grounds open to foreigners, Should be reported to the Department of wildlife administration under the State Council for the record.   "This decision come into force on the date of promulgation.       People's Republic of China wild animal protection law be modified in accordance with this decision, republished. Attachment: People's Republic of China wildlife conservation law (2004 revision) (November 8, 1988 NPC adopted at the fourth meeting of the Standing Committee on November 8, 1988, People's Republic of China presidential order announced effective as of March 1, 1989, on August 28, 2004, 9th XI session of the Standing Committee of the national people's Congress, adopted at the 11th meeting, on August 28, 2004 People's Republic of China presidential order released 24th, Since announced of day up purposes of x session national people's Congress Standing Committee 11th times Conference on modified straddling People's Republic of China wildlife protection method of decided Amendment) first chapter General second chapter wildlife protection third chapter wildlife management fourth chapter legal responsibility fifth chapter schedule first chapter General first article for protection, and save precious, and endangered wildlife, protection, and development and reasonable using wildlife resources, maintenance balance, developed this method. Article in the People's Republic of China engaged in wildlife conservation, domestication and breeding, exploitation activities must abide by this law. This law provides for the protection of wild animals, is a rare and endangered terrestrial and aquatic wildlife and beneficial or important economic or scientific value of terrestrial wildlife. The provisions of this Act the wildlife are protected wildlife refers to the provisions of the preceding paragraph. Rare and endangered aquatic wildlife aquatic wildlife other than protection provisions of the Fisheries Act apply. Article wildlife resources belong to the State. Development and utilization of the State shall protect the lawful rights and interests of units and individuals of the wildlife resources. Fourth State imposed on wildlife resources protection, positive domestication and breeding and reasonable utilization approach, encourage wildlife research. In wildlife conservation, scientific research and domestication and breeding of outstanding units and individuals, rewarded by the Government. Fifth People's Republic of China citizens have the obligation to protect wildlife resources, the Act of appropriation or destruction of wildlife resources has the right to impeach and accuse. The sixth Governments at various levels shall strengthen the management of wildlife resources for the protection, development and rational utilization of wildlife resources, planning and measures. The seventh State forestry, fishery administrative departments respectively, and the national management of terrestrial and aquatic wildlife. The provinces, autonomous regions and municipalities directly under the Government forestry administrative departments in charge of the administrative area of inland wildlife management. Autonomous prefectures, counties and municipal management of terrestrial wildlife Administrative Department, established by the Governments of provinces, autonomous regions and municipalities. Fishery administrative departments of local governments above the county level administrative region water wildlife management. Wildlife protection in chapter II the eighth State to protect wildlife and their Habitat, and no unit or individual is prohibited the illegal hunting or destruction. The Nineth imposed on rare and endangered wild animals under State protection. Protection of wildlife and wildlife under special State protection are divided into level II protection of wildlife. Revised lists of wildlife under special State protection, developed by the Department of wildlife administration under the State Council, approved by the State Council announced. Local wildlife refers to outside wildlife under special State protection, by provinces, autonomous regions and municipalities directly under the protection of wild animals. Directory of local wildlife, and developed and published by the provinces, autonomous regions and municipalities directly under the Government, submitted to the State Council for the record. National protection of useful or important economic or scientific value of terrestrial wildlife revised lists, developed by the Department of wildlife administration under the State Council and published. The tenth Department of wildlife administration under the State Council and the Governments of provinces, autonomous regions and municipalities, should national and local wildlife areas and waters of the main breeds of designated nature reserves, strengthening national and local management of the protection of wildlife and their habitat. Demarcation and management of nature reserves, in accordance with the relevant provisions of the State Council. 11th levels of departments of wildlife administration shall monitor, monitor the impact of the environment on wildlife. Due to the environmental impacts to wildlife causes harm, departments of wildlife administration shall, jointly with relevant departments for investigation and treatment. 12th construction projects to national or adversely affect the living environment of the local wildlife, the construction unit shall submit an environmental impact statement; environmental protection authorities at the time of approval, shall solicit the views of the Department of wildlife administration at the same level. 13th national and local wildlife threatened by natural disasters, the local governments shall take timely measures to rescue them. 14th due to national and local wildlife protection causes losses to crops or other losses, compensation by the local government. Remedies enacted by the Governments of provinces, autonomous regions and municipalities. Chapter III section 15th of wildlife management departments of wildlife administration shall regularly organize surveys of wildlife resources, establishment of wildlife resource files. 16th prohibits the hunting, the killing of wildlife under special State protection. For scientific research, domestication and breeding, exhibition, or other special circumstances, need to catch, fishing wildlife protection at the national level, must apply to the Department of wildlife administration under the State Council special hunting permits hunting second-class protected animals, to the provinces, autonomous regions, municipalities, government departments of wildlife Administration to apply for special hunting permits. 17th State shall encourage the domestication and breeding of wildlife. The domestication and breeding of wildlife under special State protection shall obtain a license. License management measures shall be formulated by the Department of wildlife administration under the State Council. 18th hunting non-wildlife under special State protection, must obtain a hunting license, and subject to the hunting quota management. Hunting with a gun must obtain a gun permit issued by the County and city public security organs. 19th hunt should be in accordance with special hunting permits, hunting licenses provided the type, number, location, and duration of hunting. 20th in the nature reserves, sanctuaries and game reserves within the prohibition of hunting and other breeds of wildlife activity. Game reserve and hunting gear and methods of hunting, as well as the prohibition of the use, above the county level by the Government or the departments of wildlife administration requirements. 21st prohibits the use of military weapons, poison and explosives to hunt. Shotguns and ammunition production, sale and use of administrative measures shall be formulated by the competent administrative authorities and the public security Department of forestry, submitted to the State Council for approval before implementation. 22nd prohibits the sale and purchase of wildlife under special State protection or the products. Due to scientific research, domestication and breeding, exhibition, and other special circumstances, need to sell, purchase or use of national level to protect wildlife or the products thereof, must be approved by the Department of wildlife administration under the State Council or by its authorized units approved need to sell, purchase or utilization of second class State protection of wildlife or the products, must be approved by the Government of the provinces, autonomous regions and municipalities directly under the wildlife administrative department or its authorized unit. Domesticate and breed wildlife under special State protection of the units and individuals can present the domestication and breeding licenses to Government-designated units, in accordance with the provisions of the sale of wildlife under special State protection or the products. Administration for industry and commerce on wildlife or its products entering the market, supervision and management should be carried out. 23rd transport, carry the State key protected wild animals or their products out of the County, must be approved by the Government of the provinces, autonomous regions and municipalities directly under the wildlife administrative department or its authorized unit. Article 24th of wildlife under special State protection or the products, import and export of China's participation in international conventions restrict the import and export of wild animals or their products, must be approved by the Department of wildlife administration under the State Council, or the State Council, and made the national endangered species import and export management certificate of import and export permits issued by the Agency. The customs import and export permit certificate inspected and released. Involving science and technology secret export of wildlife species, in accordance with the relevant provisions of the State Council. 25th forgery, sale or resale or transfer of special hunting permits, hunting licenses, domestication and breeding licenses, and import and export permit certificate. 26th of wildlife under special State protection in China by foreigners for field trips or in the wild, film, video, must be approved by the Department of wildlife administration under the State Council or by its authorized unit. Establishment of hunting grounds open to foreigners, should be reported to the Department of wildlife administration under the State Council for the record. 27th management and utilization of wildlife or the products thereof shall pay a fee for protection and management of wildlife resources. Charging criteria and measures formulated by the Department of wildlife administration under the State Council Finance, price control departments, and submitted to the State Council for approval before implementation. 28th cause to crops or other losses while hunting or catching wildlife, by anyone who is responsible for compensation. 29th on the local governments should take measures to prevent, control hazards caused by wild animals, protection of human and animal safety and agricultural and forestry production. Article 30th local wildlife and other non-management of wildlife under special State protection, formulated by the Standing Committee of the people's congresses of provinces, autonomous regions and municipalities. The fourth chapter legal liability article 31st illegal hunting of wildlife under special State protection, in accordance with the punishment of killing State protection of rare and endangered wild animals supplementary provisions on criminal liability. 32nd in violation of the provisions of this law, in hunting areas, hunting tools, methods or uses prohibited the hunting of wild animals, the departments of wildlife administration shall confiscate prey, hunting gear and illegal income, and impose a fine if the case is serious enough to constitute a crime, the 130th shall be investigated for criminal responsibility in accordance with criminal law. 33rd in violation of the provisions of this law, without a hunting license or is not required by hunting license to hunt wild animals, and by the Department of wildlife administration confiscated illegal gains, fines and confiscation of hunting gear, hunting license revoked. Violation of the provisions of this law, does not obtain a gun permit the hunting of wild animals, apply mutatis mutandis to the regulations by public security organs shall be punished. 34th in violation of the provisions of this law, in the nature reserve, a sanctuary State or local wildlife places of major breeds, the departments of wildlife administration shall order to stop disruptive behavior, deadline to restore the status quo ante, and impose a fine. 35th in violation of the provisions of this law, the sale, purchase, transport, carrying State or local wildlife or the products thereof, by the industry and commerce administration confiscated illegal incomes and can be fined. Violation of the provisions of this law, the sale and purchase of wildlife under special State protection or the products, if the circumstances are serious enough to constitute a crime of profiteering, smuggling, criminal responsibility shall be investigated in accordance with law. Confiscation in kind, by the Department of wildlife administration or its authorized units in accordance with the regulations. 36th illegal import and export of wild animals or their products, which punished in accordance with the Customs Act; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with criminal law on the crime of smuggling. 37th forgery, sale or resale or transfer of special hunting permits, hunting licenses, domestication and breeding licenses or certificates of import and export permits, the Department of wildlife administration or Administrative Department for industry and commerce shall revoke certificates, confiscate the illegal income, and may also be fined. Forging, reselling special hunting permits or import and export permit certificate, if the circumstances are serious enough to constitute a crime, shall be investigated for criminal responsibility mutatis mutandis article 167th. Article 38th wildlife Administrative Department for dereliction of duty, abuse of power, favoritism, and by their work units or the competent authority be given an administrative sanction; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law. 39th party refuses to accept the decision on administrative penalty, from the date of receipt of the notification in the 15th, made the decision at the next higher level for reconsideration; the previous higher level review decision, 15th days after receiving notification of the decision, to the Court. Or from the date of receipt of the notification by the parties in the 15th, directly to the Court. Parties if no application for reconsideration to the Court nor performs the decision, by making the decision to apply for court enforcement. Customs refuses to accept the penalty or administrative penalties for public security, in accordance with the provisions of the Customs Act or the regulations shall be followed. The fifth chapter by-laws 40th People's Republic of China concluded or acceded to international treaties relevant to the protection of wild animals and the provisions of this Act, apply the provisions of international treaties, but People's Republic of China declared reservations except those on. 41st article Department of wildlife administration under the State Council in accordance with this law, formulate the implementing regulations, submitted to the State Council for approval before implementation. Provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress in accordance with this law, formulate measures for its implementation. 42nd article this law shall enter into force on March 1, 1989.