The Wildlife Protection Law of People's Republic of China (PRC) (1988 1 1.08) was adopted at the 4th meeting of the 7th NPC Standing Committee on August 8th, 2004, and was revised according to the Decision on Revision of the 11th meeting of the 10th NPC Standing Committee).

catalogue

Chapter I General Provisions Chapter II Wildlife Protection Chapter III Wildlife Management Chapter IV Legal Liability Chapter V Supplementary Provisions

Chapter I General Principles

Article 1 This Law is formulated for the purpose of protecting and saving precious and endangered wildlife, protecting, developing and rationally utilizing wildlife resources and maintaining ecological balance. Article 2 The activities of wildlife protection, domestication, breeding, development and utilization within the territory of People's Republic of China (PRC) must abide by this Law. Wild animals protected by this Law refer to precious and endangered terrestrial and aquatic wild animals and terrestrial wild animals that are beneficial or have important economic and scientific research value. The wild animals mentioned in each article of this Law refer to the protected wild animals mentioned in the preceding paragraph. The protection of aquatic wild animals other than rare and endangered aquatic wild animals shall be governed by the provisions of the Fisheries Law. Article 3 Wild animal resources belong to the state. The state protects the legitimate rights and interests of units and individuals that exploit and utilize wildlife resources according to law. Article 4 The State pursues the policy of strengthening the protection of resources, actively domesticating and breeding, and rationally developing and utilizing wild animals, and encourages scientific research on wild animals. Units and individuals that have made remarkable achievements in wildlife resources protection, scientific research and domestication and breeding shall be rewarded by the government. Article 5 The people of China and citizens of China have the obligation to protect wildlife resources, and have the right to report and accuse acts of encroaching on or destroying wildlife resources. Article 6 Governments at all levels shall strengthen the management of wildlife resources and formulate plans and measures for the protection, development and rational utilization of wildlife resources. Article 7 The administrative departments of forestry and fishery in the State Council are respectively in charge of the management of terrestrial and aquatic wild animals throughout the country. The forestry administrative departments of the governments of provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the management of inland wildlife within their respective administrative areas. The administrative departments in charge of the management of terrestrial wildlife in autonomous prefectures, counties and municipal governments shall be determined by the governments of provinces, autonomous regions and municipalities directly under the Central Government. The fishery administrative departments of local governments at or above the county level shall be in charge of the management of aquatic wildlife within their respective administrative areas.

Chapter II Wildlife Protection

Article 8 The State protects wild animals and their living environment and prohibits any unit or individual from illegally hunting or destroying wild animals. Article 9 The State shall give special protection to rare and endangered wild animals. National key protected wild animals are divided into first-class protected wild animals and second-class protected wild animals. The list of national key protected wild animals and its adjustment shall be formulated by the administrative department of wildlife in the State Council and submitted to the State Council for approval and promulgation. Wild animals under special local protection refer to those under special protection by provinces, autonomous regions and municipalities directly under the Central Government, except those under special national protection. The list of local key protected wild animals shall be formulated and published by the governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The list of terrestrial wildlife that is beneficial to national protection or has important economic and scientific research value and its adjustment shall be formulated and published by the administrative department of wildlife in the State Council. Article 10 The administrative department of wildlife in the State Council and the governments of provinces, autonomous regions and municipalities directly under the Central Government shall designate nature reserves in the areas and waters where wildlife under special state and local protection mainly lives and breeds, and strengthen the protection and management of wildlife under special state and local protection and their living environment. The delineation and management of nature reserves shall be handled in accordance with the relevant provisions of the State Council. Eleventh wildlife administrative departments at all levels shall monitor and monitor the impact of the environment on wildlife. When the environmental impact causes harm to wildlife, the wildlife administrative department shall investigate and deal with it jointly with relevant departments. Twelfth construction projects adversely affect the living environment of national or local key protected wild animals, the construction unit shall submit an environmental impact report; The environmental protection department shall solicit the opinions of the wildlife administrative department at the same level when examining and approving. Thirteenth national and local key protected wild animals are threatened by natural disasters, the local government should take timely rescue measures. Fourteenth because of the protection of national and local key protected wild animals, resulting in crops or other losses, compensation by the local government. Measures for compensation shall be formulated by the governments of provinces, autonomous regions and municipalities directly under the Central Government.

Chapter III Wildlife Management

Fifteenth wildlife administrative departments shall regularly organize wildlife resources investigation and establish wildlife resources files. Article 16 Hunting and killing of wildlife under special state protection is prohibited. Because of scientific research, domestication and breeding, exhibition or other special circumstances, it is necessary to hunt and hunt wild animals under special state protection, and must apply to the administrative department of wildlife in the State Council for a special hunting and catching license; Anyone who hunts and hunts wildlife under second-class state protection must apply to the wildlife administrative department of the government of a province, autonomous region or municipality directly under the Central Government for a special hunting and catching license. Article 17 The State encourages the domestication and breeding of wild animals. Anyone who domesticates and breeds wild animals under special state protection shall hold a license. Measures for the administration of licenses shall be formulated by the administrative department of wildlife in the State Council. Eighteenth hunting wild animals outside the state key protection, must obtain the hunting license, and subject to hunting quota management. Anyone who hunts with a gun must obtain a gun license issued by the county or city public security organ. Article 19 Hunters shall hunt in accordance with the special hunting and catching license and the species, quantity, place and time limit stipulated by hunting license. Article 20 Hunting and other activities that hinder the survival and reproduction of wild animals are prohibited in nature reserves, game reserves and game reserves. The hunting area, hunting period, hunting tools and methods shall be stipulated by the government at or above the county level or its wildlife administrative department. Article 21 It is forbidden to use military weapons, poisons and explosives for hunting. Measures for the administration of the production, sale and use of shotguns and ammunition shall be formulated by the administrative department of forestry of the State Council jointly with the public security department and submitted to the State Council for approval and implementation. Article 22 It is forbidden to sell or buy wild animals under special state protection or their products. Due to special circumstances such as scientific research, domestication and breeding, exhibition, etc. , need to sell, purchase and use the national first-class protected wild animals or their products, must be approved by the the State Council wildlife administrative department or its authorized units; Where it is necessary to sell, purchase or utilize wildlife under second-class state protection or its products, it must be approved by the wildlife administrative department of the government of the province, autonomous region or municipality directly under the Central Government or its authorized unit. Units and individuals that domesticate and breed wildlife under special state protection may, in accordance with regulations, sell wildlife under special state protection or their products to purchasing units designated by the government. The administrative department for industry and commerce shall supervise and manage the wild animals or their products entering the market. Article 23 The transportation and carrying of wildlife under special state protection or its products out of the county territory must be approved by the wildlife administrative department of the government of a province, autonomous region or municipality directly under the Central Government or its authorized unit. Article 24 The export of wildlife under special state protection or its products, or the import and export of wildlife or its products restricted by international conventions to which China is a party, must be approved by the wildlife administrative department of the State Council or the State Council, and the import and export permit certificate issued by the national endangered species import and export management agency must be obtained. The customs shall examine and release the goods with the certificate of import and export permission. The export of wild animal species involving scientific and technological secrecy shall be handled in accordance with the relevant provisions of the State Council. Article 25 It is forbidden to forge, resell or transfer the special hunting and catching license, hunting license, domestication and breeding license and import and export permit. Twenty-sixth foreigners in China to carry out field trips to wildlife under special state protection or to shoot movies or videos in the wild must be approved by the wildlife administrative department of the State Council or its authorized units. The establishment of hunting grounds open to foreigners shall be reported to the wildlife administrative department of the State Council for the record. Twenty-seventh management and utilization of wild animals or their products shall pay the management fee for the protection of wild animal resources. The charging standards and measures shall be formulated by the wildlife administrative department of the State Council in conjunction with the financial and price departments, and shall be implemented after being reported to the State Council for approval. Article 28 Where crops or other losses are caused by hunting wild animals, the hunters shall be responsible for compensation. Article 29 The local governments concerned shall take measures to prevent and control the harm of wild animals, and ensure the safety of people and livestock and the production of agriculture and forestry. Article 30 Measures for the administration of wildlife under special local protection and other wildlife 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 Liability

Article 31 Whoever illegally kills or kills wildlife under special state protection shall be investigated for criminal responsibility in accordance with the Supplementary Provisions on Punishing the Crime of Killing and Killing Rare and Endangered Wildlife under special state protection. Article 32 Anyone who, in violation of the provisions of this Law, hunts wild animals in a no-hunting area or during a no-hunting period, or uses prohibited tools or methods, shall be confiscated by the wildlife administrative department and fined; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the provisions of Article 130 of the Criminal Law. Article 33 Anyone who, in violation of the provisions of this Law, fails to obtain hunting license or hunt wild animals in accordance with the provisions of hunting license, shall confiscate his prey and illegal income, impose a fine, and may also confiscate hunting tools and revoke hunting license. Anyone who, in violation of the provisions of this law, hunts wild animals with guns without obtaining a gun license shall be punished by the public security organs by applying mutatis mutandis the provisions of the Law on Public Security Administration Punishment. Article 34 Whoever, in violation of the provisions of this Law, destroys the main habitats and breeding grounds of wildlife under special state and local protection in nature reserves and game reserves shall be ordered by the wildlife administrative department to stop the destruction, restore the original state within a time limit and be fined. Article 35 Whoever, in violation of the provisions of this Law, sells, purchases, transports or carries wild animals under special state or local protection or their products shall be confiscated by the administrative department for industry and commerce and may also be fined. Whoever, in violation of the provisions of this Law, sells or purchases wildlife under special state protection or its products, if the circumstances are serious and constitute a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. Confiscated items shall be handled by the wildlife administrative department or its authorized unit according to the regulations. Article 36 Whoever illegally imports or exports wild animals or their products shall be punished by the Customs in accordance with the Customs Law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the provisions of the Criminal Law on smuggling. Article 37 Whoever forges, resells or transfers a special hunting and catching license, hunting license, domestication and breeding license or import and export permit certificate shall have his certificate revoked, his illegal income confiscated and may also be fined. Whoever forges or resells a special hunting and catching license or a certificate of import and export permission, if the circumstances are serious and constitute a crime, shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law. Article 38 Any staff member of the wildlife administrative department who neglects his duty, abuses his power or engages in malpractices for selfish ends shall be given administrative sanctions by his unit or the competent authority at a higher level; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. Thirty-ninth if a party refuses to accept the decision on administrative punishment, it may, within fifteen days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; If you are not satisfied with the reconsideration decision of the organ at the next higher level, you can bring a lawsuit to the court within 15 days from the date of receiving the notice of reconsideration decision. The parties may also bring a suit directly to the court within 15 days from the date of receiving the penalty notice. If the party concerned fails to apply for reconsideration or bring a lawsuit in court within the time limit, nor complies with the decision on punishment, the organ that made the decision on punishment shall apply to the court for compulsory execution. Those who refuse to accept the customs punishment or the public security administration punishment shall be handled in accordance with the provisions of the Customs Law or the Public Security Administration Punishment Law.

Chapter V Supplementary Provisions

Article 40 If the international treaties related to the protection of wild animals concluded or acceded to by People's Republic of China (PRC) have different provisions from this Law, the provisions of the international treaties shall apply, except for the provisions on which People's Republic of China (PRC) has declared reservations. Article 41 The administrative department of wildlife in the State Council shall formulate implementation regulations according to this Law and submit them to the State Council for approval and implementation. The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may formulate measures for implementation in accordance with this Law. Article 42 This Law shall come into force as of March 1 2005. I hope friends can consciously abide by it and protect wild animals together.