Domestic Giant Panda Loan Regulations

Original Language Title: 大熊猫国内借展管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201112/20111200359084.shtml

Domestic Giant Panda loan regulations

    (Released July 25, 2011, the State Forestry Administration, the 28th since as of September 1, 2011) first in order to strengthen the protection of giant pandas, regulate the pandas home loan management to ensure healthy development of the captive population of giant pandas, raise public awareness of wildlife protection, promoting the construction of ecological civilization, according to the People's Republic of China wildlife conservation law and other relevant laws and regulations, this provision is enacted.

    Second exhibition in these rules refers to the cultural exchange, science advocacy or public education purposes, lend or borrow the Panda exhibition.

    Third exhibition giant pandas should be guided by science, principles of moderate should not endanger the development of populations of giant pandas bred in captivity, not simply for the purpose of profit.

    Fourth exhibition of giant pandas borrowed should be commensurate with the domestication and breeding of giant pandas in funds, facilities, and personnel and other conditions, achieved with the domestication and breeding of wildlife under special State protection of the giant panda species license.

    Fifth artificial breeding of giant pandas should be used for exhibition of healthy individuals over 2 years of age under 25 years of age.

    Non-breeding and rescue giant pandas in the wild is prohibited for loan bans will be under 2 years of age and over 25 years of giant pandas for exhibition.

    Sixth exhibition shall sign a written agreement between the parties, giant pandas living conditions, medical care, emergency condition and contingency plans, loan term, fees, loan exhibition after the giant panda returned to liability for breach of contract.

    Loan periods of not less than 1 year of giant pandas, but due to force majeure, except in exceptional circumstances.

    Article seventh loaned pandas should submit the following documentation:

    (A) the wildlife conservation and management administrative Licensing application form;

    (B) the loan exhibition of both legal certificate, organization code certificate and other supporting documents;

    (C) an exhibition having wildlife under special State protection of the giant panda species domestication and breeding licenses;

    (D) exhibition loan agreement for both;

    (V) lend captive population of giant pandas description of the condition of materials;

    (F) the loan Giant Panda lineage of individual number, tag identification materials;

    (VII) borrowed through outreach activities and the giant panda breeding and management, science education programmes;

    (H) the exhibition from provincial forestry administrative departments on both sides of exhibition activities in writing.

    Article eighth loaned pandas in accordance with the following procedures shall be followed:

    (A) loaned the State Forestry Administration to apply. (B) according to law after accepting the State Forestry Administration, application materials should be reviewed. Review compliance with these requirements, State Forestry Administration decision on approving an administrative license is made within 20 working days.

    If necessary, the State Forestry Bureau may appoint an expert to borrow in the 30th through outreach activities, Panda breeding and management programmes and facilities to demonstrate or field tests.

    (C) National Bureau of forestry administrative permit decision, lend, borrow the local provincial forestry administrative departments of the people's Governments respectively in the exhibition before the start and end according to the State Forestry Administration issued administrative licensing instruments after giant pandas leave lending, borrowed transport documents.

    Nineth loaned during the borrowing party should meet the giant pandas live, physical health, feeding and medical conditions.

    During the exhibition, borrowed case files and keeping logs of giant pandas should be established, containing the giant panda breeding and management, health and so on. During the exhibition, prohibit collection loaned pandas samples such as blood, semen, but except for the giant panda physical examinations.

    Otherwise provided for by laws and regulations, from its provisions.

    During the exhibition, borrowing shall not be loaned pandas lent to third parties.

    During the tenth exhibition, lending should be borrowing loan giant panda breeding management and disease control, guidance, and should the loaned pandas were once a year of the health check.

    11th the State Forestry Administration and exhibition from each local government departments of wildlife administration shall pair through outreach activities, supervise and inspect the situation, urging exhibition improve emergency mechanisms on both sides.

    Exhibition from both sides shall cooperate with supervision and inspection, and truthfully provide relevant material.

    12th article take exhibition during, take exhibition Panda occurred injured, and sick, burst event of, take into party should notification take out party, timely take ambulance measures, and report location County above place Government wildlife administrative competent sector; take exhibition Panda occurred disability, and death, major burst event of, take into party should immediately notification take out party and report location provincial government forestry administrative competent sector and national forestry Council.

    Related government departments of wildlife administration shall supervise loan shows both sides properly in accordance with emergency plans in case of emergencies.

    13th during the exhibition period, lending or borrowing in violation of these provisions, by the Department of wildlife administration under the people's Governments above the county level in accordance with the wildlife conservation law punishes; wildlife laws and regulations do not provide, according to the circumstances as follows:

    (A) give him a warning, rectification;

    (B) the illegal gains, illegal proceeds more than 1 time times three times and no more than 30,000 yuan fine; no illegal income, impose a 10,000 yuan fine.

    After correction still refuses, can be ordered to stop by the State Forestry Administration outreach activities, deadlines to send the pandas return to lending.

    During the exhibition, lending or borrowing of illegal acts constitute a crime, criminal responsibility shall be investigated according to law.

    Lending or borrowing of the 14th article of one of the following circumstances exists, the State forestry administration shall not be approved within 1 year Panda loan activities carried out:

    (A) in the process of applying for an administrative license to hide relevant information or provides false information;

    (B) unauthorized lending or lending giant pandas;

    (C) gross negligence causing the death of the Giant Panda;

    (D) refuses to cooperate with wildlife administration departments of the people's Governments at all levels to check or refusal to implement the departments of wildlife administration punishment decision.

    Lending or borrowing by fraud, bribery or other improper means an administrative license, the State Forestry Administration rejected Panda exhibition activities carried out within 3 years.

    15th staff of the competent departments of wildlife administration under the people's Governments at various levels in the giant panda on loan management process, abuse of power, favoritism, given administrative sanctions according to law; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    Mentioned in the 16th article of the regulations "above" include the number, "the following" not including the number itself. 17th these provisions come into force on September 1, 2011.