2016 Wildlife Protection Law

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Title: Wildlife Protection Law of the People's Republic of China
Promulgating Entities:Standing Committee of the National People's Congress
Reference number: President's Order No 47, 12th Congress.
Promulgation Date: 2016-7-2
Expiration date: 
Source of text: http://news.xinhuanet.com/legal/2016-07/03/c_129110499.htm

(Passed on November 8, 1988, by 4th meeting of the Standing Committee of the 7th National People's Congress; and revised for the first time on August 28, 2004 at the 11th meeting of the Standing Committee of the 10th National People's Congress in accordance with the "Decision on Revising the "Wildlife Protection Law of the People's Republic of China"; and Revised for a second time on August 27, 2009 by the 10th meeting of the Standing Committee of the 11th National People's Congress in accordance with the "Decision on Revision of Some Laws"; and revised on July 2, 2016 at the 21st meeting of the Standing Committee of the 12th National People's Congress)

Contents

Chapter I: General Provisions

Chapter II: Protection of Wildlife and their Habitats

Chapter III: Wildlife Management

Chapter IV: Legal Responsibility

Chapter V: Supplementary Provisions

 

Chapter I: General Provisions

Article 1: This Law is formulated so as to protect and rescue rare and endangered wildlife, to preserve biodiversity and ecological balance, and to promote the construction of an ecological civilization.

Article 2: This Law applies to the protection of wildlife and related activities within the territory of the People's Republic of China and other waters under its jurisdiction.

This Law applies to the protection of wildlife and related activities within the territory of the People's Republic of China and other waters under its jurisdiction.

"Wildlife and the products thereof" as provided for in this this Law refer to the entirety (including ova and eggs), parts and derivatives of wildlife .

The provisions of the "Fisheries Law of the P.R.C." and other relevant laws shall apply to the conservation of aquatic wildlife other than rare and endangered aquatic wildlife.

Article 3: Wildlife resources belong to the State.

The State protects the lawful rights and interests of organizations and individuals lawfully engaging in scientific research, artificial breeding, or other wildlife protection or related activities.

Article 4: The State implements the principles of prioritized protection, regulated use, and strict oversight of wildlife; encourages the performance of scientific research on wildlife; fosters citizens’ awareness of wildlife protection; and promotes the harmonious development of man and nature.

Article 5: The State protects of Wildlife and their habitats People’s governments at the county level or above shall draft protection plans and measures for the protection of wildlife and their habitats, and include the expenses for protection of wildlife in their budgets.

The State encourages citizens, legal persons, and other organizations participate in activities for the protection of wildlife and support the public interest area of wild animal protection through methods such as making donations, funding and volunteer service.

Wildlife habitats as provided for by this Law refers to important areas for wild populations of wildlife to live and breed.

Article 6: All organizations and individuals have an obligation to protect wildlife and their habitats. All organizations and individuals have an obligation to protect wildlife and their habitats.

All organizations and individuals have an obligation to protect wildlife and their habitats. Departments for wildlife protection and other relevant departments and organs shall promptly handle reports or complaints in accordance with law.

Article 7: The forestry and fishery departments under the State Council take charge of the national conservation work of terrestrial and aquatic wildlife, respectively.

The competent departments for forestry and fisheries of local people’s governments at the county level or above shall separately supervise the conservation of terrestrial and aquatic wildlife within their respective administrative regions.

Article 8: People’s governments at all levels shall strengthen publicity, education and awareness raising efforts about the protection of wildlife; encourage and support local mass autonomous organizations, social organizations, enterprises and public institutions, nonprofit organizations and volunteers in carrying out publicity activities about laws and regulations on the protection of wildlife and wildlife protection information.

The administrative departments of education, and schools, shall conduct education for students on wildlife protection and knowledge.

News media shall carry out publicity on laws, regulations ,and knowledge about wildlife protection, and supervise public opinion on illegal conduct.

Article 9: People’s governments at the county level or above shall award organizations and individuals making significant achievements in wildlife protection and scientific research.

Chapter II: Protection of Wildlife and their Habitats

 

Article 10: The State carries out wildlife protection differentiated by category and level.

The States carries out key protection of rare and endangered wildlife. Wildlife under key national protection are classified as grade-1 and grade-2 protected wildlife. A directory of wildlife under national key protection is to be formulated by the wildlife protection departments under the State Council after scientific assessment has been organized, and carry out adjustments of the directory every five years on the basis of assessment conclusions. The directory of wildlife under national key protection is reported to the State Council for approval and publication.

Wildlife under key local protection refers to wildlife under key protection by the provinces, autonomous regions and directly governed municipalities other than wildlife under key national protection. The directory of wildlife under local major conservation are to be formulated after scientific assessment organized by the people’s governments of the provinces, autonomous regions and directly-governed municipalities, and published.

The wildlife protection departments under the State Council are to formulate, adjust and publish the directory of terrestrial wildlife having important ecological, scientific and social value.

Article 11: The wildlife protection departments of people’s governments at the county level or above shall periodically organize or entrust relevant scientific establishments to conduct investigations, monitor and assess wildlife and their habitats, and create and complete archives of wildlife and their habitats.

Investigation, monitoring and assessment of wildlife and their habitats shall include the following content:

(1) Wildlife distribution regions, population numbers, and structures;

(2) the area and ecological circumstances of wildlife habitats;

(2) the area and ecological circumstances of wildlife habitats;

(4) Other content requiring investigation, monitoring and assessment, such as wildlife' artificial breeding conditions.

Article 12: The wildlife protection departments under the State Council shall collaborate with relevant departments of the State Council to determine and publish the directory of important wildlife habitats according to surveys, monitoring and assessment results on the statuses of wildlife and their habitats.

People's governments at the provincial level and above demarcate nature preserves in accordance with law, to protect wildlife and their important habitats, and to protect, restore, and improve the environment for wildlife survival. Where there is no capacity for the demarcation of nature preserves, people’s governments at the county level or above may protect wildlife by means such as designating areas or time periods in which hunting (fishing) is forbidden.

Prohibit or limit acts disturbing or threatening the proliferation of wildlife habitats, such as introducing alien species, creating a homogeneous ecosystem or overusing pesticides.

Relevant nature preserves are demarcated and managed in accordance with the provisions of relevant laws and regulations.

Article 13: When preparing plans related to development and usage, people’s governments at the county level or above and their relevant departments shall fully consider the need to protect wildlife and their habitats, shall analyze and assess the overall impact that the implementation of plans might have on the protection of wildlife and their habitats, and shall avoid or mitigate the potential adverse consequences of the implementation of plans.

Projects that laws and regulations provide must not be established in relevant nature preserves are prohibited. Sites and routes for construction projects such as airports, railways, roads, waterworks, hydro-power, cofferdams, and sea reclamation shall avoid relevant nature reserves, and migration breeding migration paths of wildlife; where is it impossible to avoid, the projects shall build wildlife passages, fish passage facilities and other measures to eliminate or mitigate the adverse impact on wildlife.

Where a construction project might affect relevant nature preserves, or the migration and breeding migration paths of wildlife, the department reviewing the environmental impact assessment documents shall solicit comments from the wildlife protection departments under the State Council when examining and approving the environmental impact assessment documents for projects involving wildlife under national key protection, and shall solicit comments from the departments of wildlife protection for relevant people’s governments of provinces, autonomous regions or directly governed municipalities, when examining and approving the environmental impact assessment documents for projects involving wildlife under key local protection.

Article 14: Each level of department for the protection of wildlife shall monitor and oversee impact on wildlife. When environmental impacts jeopardize wildlife, the departments for the protection of wildlife shall work together with relevant departments to conduct an investigation and handle the matter.

Article 15: Where wildlife under key national or local protection are threatened by emergencies such as natural disasters or major environmental pollution incidents, the local people’s governments shall take emergency rescue measures in a timely manner.

People’s governments at the county level or above and relevant administrative agencies shall organize and carry out efforts to shelter and rescue wildlife in accordance with relevant national provisions.

It is forbidden to sell and purchase wildlife and the products thereof in the name of sheltering and rescue.

Article 16: The departments for the protection of wildlife and veterinary medicine of people’s governments at the county level or above shall monitor epidemic sources and wildlife diseases on the basis of their respective responsibilities, organize and carry out monitoring, forecasting and other work, make emergency response plans for wildlife disease epidemics in accordance with provisions, and report plans to the people’s governments at the same level for approval or filing.

The competent departments for wildlife protection, veterinary medicine, and health at people's governments at the county level or above shall follow their duties and division of labor to take responsibility for efforts to prevent and manage animal borne infectious diseases that effect both people and animals.

Article 17: The State strengthens the protection of wildlife genetic resources and conducts rescue protections of endangered wildlife.

The departments for wildlife protection under the State Council shall collaborate with relevant departments of the State Council to formulate relevant plans for protection and utilization of genetic resources of wildlife, build the national ark of genetic wildlife resources, and implement major protection for genetic resources of rare and endangered wildlife originating from China.

Article 18: Relevant people’s governments shall take measures to prevent and control hazards that might be created by wildlife and assure the security of people and livestock as well as agricultural and forestry production.

Article 19: Where human casualties or the loss of crops or other property are caused by the protection of wildlife whose protection is provided for in this law, the local people’s government will give compensation. Specific measures are to be formulated by provincial, autonomous region, or directly governed municipality people's governments. Relevant local people's governments may urge insurance agencies to carry out insurance services for compensation for harm caused by wildlife.

The central finance will follow relevant national provisions to assist relevant people’s governments to take measures to prevent and control hazards created by wildlife under national key protection and subsidize necessary expenses.

Chapter III: Wildlife Management

Article 20: It is prohibited to hunt, or to engage in other activities obstructing the lives and breeding of wildlife, in relevant nature preserves or within areas forbidding hunting (fishing) or during periods when hunting (fishing) is prohibited, except as otherwise provided by laws and regulations.

During wildlife migration and breeding periods, hunting is prohibited and other activities obstructing the lives and breeding of wildlife are strictly limited within migration and breeding channels outside the areas set forth in the preceding paragraph. The scope of migration and breeding paths and the activities obstructing the lives and breeding of wildlife will be provided and published by people’s governments at the county level or above or their departments for wildlife protection.

Article 21: The hunting or killing of wildlife under national key protection is prohibited.

Where it is necessary to hunt wildlife under level-1 national conservation for the purpose of scientific research, population control, epidemiology and disease monitoring, or for other special reasons, a special hunting license shall be applied for from the authorities supervising wildlife conservation under the State Council; where it is necessary to hunt wildlife under level-2 national conservation, a special hunting license shall be applied for from the authorities supervising wildlife conservation for provincial, autonomous region, or directly governed municipality people’s governments;

Article 22: Where hunting wildlife other than wildlife under national key protection, hunting licenses approved and issued by the competent departments for wildlife protection of people's governments at the county level or above shall be obtained in accordance with law, and hunting quotas and limits shall be observed.

Article 23: Hunters shall hunt wildlife consistent with the types, quantities, places, tools, methods and time periods specified on special hunting permits or hunting licenses.

When hunting with a gun, a gun license issued by the public security organs shall be obtained in accordance with law.

Article 24: The use of poisons, explosives, electronic shocks or electronic trap devices as well as snares, bear traps, makeshift guns, single-shot firearms, and other such tools in hunting is prohibited, and it is also prohibited to hunt by methods such as hunting with nighttime lighting, guerrilla-style hunting, destroying nests, using fire, smoke or nets, except where net hunting or electric hunting is truly necessary for scientific research.

Forbidden hunting tools and methods other than those set forth in the preceding paragraph shall be determined and published by the local people’s governments at the county level or above.

Article 25: The State supports artificial breeding of wildlife under national key protection by relevant scientific research institutes for the purpose of preservation.

Except as provided in the preceding paragraph, a licensing system is implemented for artificial breeding of wildlife under national key protection. Artificial breeding of wildlife under national key protection shall be done upon approval by the departments for wildlife protection of people’s governments for provinces, autonomous regions or directly governed municipalities, and an artificial breeding license shall be obtained, unless organs permitted by the State Council.

The artificial breeding of wildlife under national key protection shall use artificially bred filial generations as the breed source, and create species genealogies, breeding archives, and individual data. Where wild breed source is needed for the purpose of protecting species, apply the provisions of the Article 21 and 23 of this Law.

"Artificially bred filial generation" as used in this Law refers to filial generations where both the parents and the individuals were born under artificial controls.

Article 26: The artificial breeding of wildlife under national key protection shall be beneficial to the protection of the species and its scientific research, and must not destroy wild population resources; and it shall be ensured that there is necessary movement space and conditions of living, breeding, health and sanitation for wildlife in accordance to their behaviours, ensure the concerned party has sites, facilities, and technologies suitable to the breeding purpose, types and development scale, and comply with relevant technical standards and disease prevention requirements, and must not mistreat wildlife.

The wildlife protection departments of people's governments at the provincial level or above may organize and carry out efforts to return wildlife under national key protection to the wild, as needed by that wildlife.

Article 27: The sale, purchase, or use of wildlife under national key protection, and the products thereof, is prohibited.

Where it is necessary to sell, purchase or use wildlife under national key protection, and the products thereof, for the purpose of scientific research, artificial breeding, public exhibition or performance, protection of cultural relics or for other special circumstances, it shall be upon approval from the departments for protection of wildlife of the people’s governments of provinces, autonomous regions or directly governed municipalities, and a special marker shall be obtained and used in accordance with provisions to ensure tracking, except where the State Council has other provisions for the permitted organ.

Implementation measures regarding the scope and administration of special markers for wildlife under national key protection and the products thereof are to be provided for by the wildlife protection departments under the State Council.

When selling or using wildlife not under national key protection, proofs of their lawful origins such as through hunting, import or export shall be provided.

Where wildlife provided for in articles 2 and 4 of this Law are sold, quarantine inspection certificates shall also be attached.

Article 28: For wildlife under national key protection where artificial breeding technologies are mature and stable, after scientific debate on the merits, the wildlife shall be put on the directory of wildlife under national key protection for artificial breeding, which is to be formulated by the wildlife protection departments under the State Council. For wildlife and the products thereof listed in the directory, an artificial breeding license may be used to directly obtain the special mark in accordance with the annual breeding volume approved by the provincial, autonomous region, or directly governed municipality people's governments departments supervising protection of wildlife, and the special marker may be used to sell and exploit them, ensuring that they are traceable.

When adjusting the directory of wildlife under national key protection as provided in Article 10 of this Law, artificial [captive] populations of wildlife for which artificial breeding technologies are mature and stable, as provided in the preceding paragraph, may be de-listed from the directory of wildlife for national key protection on the basis of wild population protection conditions, and differential management measures may be employed for wild and artificial populations, but assisted breeding licenses and special markers shall be obtained in accordance with the provisions of paragraph 2 of Article 25 of this Law and of the first paragraph of this Article.

Article 29: Use of wildlife and the products thereof shall be primarily from artificially bred populations, shall be beneficial to the cultivation of wild populations, shall comply with the requirements of establishing an ecological civilization, shall respect social mores, and shall comply with laws, regulations, and relevant national provisions.

Where wildlife and the products thereof are traded and utilized as medicines, the laws and regulations regarding medicines shall also be obeyed.

Article 30: The production and trade of food made from wildlife under national key protection, and the products thereof, is prohibited, as is use of wildlife that are not under national key protection to produce food without proofs of its lawful origins.

The illegal purchase of wildlife under national key protection, and the products thereof, for use as food is prohibited.

Article 31: The publication of advertisements for the sale, purchase, or use of wildlife, or for prohibited hunting tools, is prohibited. The publication of advertisements for the illegal sale, purchase or use of wildlife products is prohibited.

Article 32: It is prohibited for online trading platforms, commodity trading markets and other trading sites to provide transaction services for the illegal sale, purchase or use of wildlife and the products thereof or for prohibited hunting tools.

Article 33: Transport, carriage, or delivery across county lines, of wildlife under national key protection, and the products thereof, or of wildlife provided for in paragraph 2 of article 28 of this law, and the products thereof, shall be through the possession or attachment of copies of permits and approval documents, or the use of special markers, as well as quarantine inspection certificates, that comply with articles 21, 25, and 27 of this Law.

Where transporting wildlife not under national key protection across county boundaries, proofs of its lawful origins, such as from hunting, import-export, shall be carried, as well as quarantine inspection certificates.

Article 34: Where transporting wildlife not under national key protection across county boundaries, proofs of its lawful origins, such as from hunting, import-export, shall be carried, as well as quarantine inspection certificates.

Other relevant departments of people’s governments at the county level or above shall conduct supervision and inspection of activities such as the sale, purchase, use, transport, and delivery of wildlife and the products thereof.

Article 35: The directory of wildlife, or the products thereof, for which trade is prohibited or limited by international conventions to which the People's Republic of China has acceded to or participates in, is to be drafted, adjusted and published by the the management bodies for the import and export of endangered species.

Where wildlife or their products included in the list in the preceding paragraph are imported or exported, or where wildlife under national key conservation or their products are exported, it shall be upon the approval from the agencies of the State Council supervising conservation of wildlife or the State Council, and obtain an import or export permit issued by the national agency for the administration of import and export of endangered species. Carry out import-export quarantine inspections in accordance with law. Customs follows provisions to handle clearance procedures on the basis of the import/export permit and the quarantine inspection certificates.

The export of wildlife species involving confidential science and technology shall be handled in accordance with relevant provisions of the State Council.

Upon verification and approval from the wildlife protection departments under the State Council, wildlife included in paragraph 1's directory may be managed as wildlife under national key protection within the scope of this law's application.

Article 36: The State organizes and carries out international cooperation and communication on wildlife protection and related law enforcement activities; establishes mechanisms for coordinating departments to prevent and combat the smuggling and illegal trade of wildlife and the products thereof, and to carry out actions to prevent and combat the smuggling and illegal trade of wildlife and the products thereof.

Article 37: The introduction of wildlife species from outside the mainland territory of China shall be upon approval of the wildlife protection departments under the State Council. The introduction from outside mainland China of wildlife species included in the directory provided for in paragraph 1 of Article 35 of this Law, shall obtain permits and import-export certificates in accordance with law. Carry out quarantine inspections for entering the mainland in accordance with law. Customs follows provisions to handle clearance procedures on the basis of the import permit or the import/export approval certificates, as well as the quarantine inspection certificates.

Where wildlife species from outside the mainland are introduced, safe and reliable prevention measures shall be adopted to prevent them from entering the wild environment and avoid causing harms to the ecological system. When it is truly necessary to return them to the wild, it is done in accordance with the relevant national provisions.

Article 38: Any organization and individual releasing wildlife to the wild shall choose a local species fit for survival in the wild at the release site, and must not disturb the normal lives and production local residents, and must avoid causing harm to the ecosystem. Where the casual release of wildlife causes physical or property harm to others, or endangers the ecosystem, legal responsibility is borne in accordance with law.

Article 39:The fabrication, modification, sale, transfer or leasing of special hunting permits, hunting licenses, artificial breeding permits, or special markers; or approval documents for the sale, purchase or use of wildlife under national key protection, and the products thereof, or import/export permits approval documents and so forth.

The distribution of permits, special markers, and approval documents provided for in the preceding paragraph shall be disclosed in accordance with law.

Article 40:Foreigners conducting field surveys or producing films or videos in the wild on wildlife under national key protection within this nation, shall first obtain the approval of the departments for protection of wildlife of people’s governments of the relevant provinces, autonomous regions or directly-governed municipalities or entities authorized by them, and shall follow relevant laws and regulations.

Article 41: The measures regarding the management of wildlife under local key protection and other wildlife not under national key protection will be formulated by the provincial, autonomous region, or directly governed municipality people's congresses or their standing committees.

Chapter IV: Legal Responsibility

Article 42: Where departments for the protection of wildlife or other relevant departments or organs do not make administrative approval decisions in accordance with law, do not investigate or do not investigate in accordance with law after discovering illegal activities or receiving reports of illegal activities, or exploit their authority or conduct other acts of not fulfilling duties in accordance with Law, people's governments at the same level or the relevant departments or organs of people's government at the higher level shall order corrections and give punishments of demerit, serious demerit or demotion to the leading personnel responsible and other personnel directly responsible in accordance with law; where a severe consequence is caused, give punishments of discharge from position or dismissal, and the major personnel in charge shall take the blame and resign, where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 43:Where the provisions of paragraph 3 of Article 12 or paragraph 2 of Article 13, of this law are violated, the relevant laws and regulations are followed to give punishment.

Article 44:Where the provisions of paragraph 3 of Article 15 of this Law are violated by trading in wildlife and the products thereof in the name of caring for them, the departments for protection of wildlife of people's governments at the county level or above will confiscate the wildlife, their products and any unlawful gains, and may concurrently impose a fine of between two and ten times the value of the wildlife and the products thereof, and enter information on the illegality in the social credit files, and release it publicly; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 45:Where the provisions of Article 20, 21, paragraph 1 of Article 23, and paragraph 1 of Article 24 of this Law, are violated by hunting wildlife under key national in nature preserves areas prohibiting hunting (fishing) or during periods where hunting (fishing) is prohibited; by hunting or killing of wildlife under national key protection without obtaining the special hunting license or without observing the provisions of the special hunting license; or by using prohibited tools or methods to hunt wildlife under national key protection; the department for protection of wildlife, the marine law enforcement department, or the body administering the relevant nature preserve, of the people's government at the county level or above, shall follow their duties and division of labor to confiscate hunting spoils, hunting tools and unlawful gains, revoke special hunting licenses, impose a fine between two and ten times the value of the hunting spoils, and impose a fine of between 10,000 and 50,000 RMB, where there are no hunting spoils; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 46:Where the provisions of Article 20, 22, paragraph 1 of Article 23, and paragraph 1 of Article 24 of this Law, are violated by hunting wildlife not under key national in nature preserves areas prohibiting hunting (fishing) or during periods where hunting (fishing) is prohibited; by hunting wildlife not under national key protection without obtaining a hunting license or without observing the provisions of the hunting license; or by using prohibited tools or methods to hunt wildlife not under national key protection; the local department for protection of wildlife, the marine law enforcement department, or the body administering the relevant nature preserve, of the people's government at the county level or above, shall follow their duties and division of labor to confiscate hunting spoils, hunting tools and unlawful gains, revoke hunting licenses, impose a fine between one and five times the value of the hunting spoils, and impose a fine of between 2,000 and 10,000 RMB, where there are no hunting spoils; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Where paragraph 2 of Article 23 of this Law is violated by hunting with a gun without obtaining a gun permit, constituting a violation of public security administration, the public security organs will give public security administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 47:Where paragraph 2 of article 25 of this Law is violated by artificially breeding wildlife under national key protection, or wildlife provided for in paragraph 2 of Article 28 of the Law, without obtaining an artificial breeding permit, the wildlife protection department of the people's government at the county level or above will confiscate wildlife and the products thereof, and impose a fine of between 1 and 5 times the value of the wildlife and the products thereof.

Article 48:Where paragraphs 1 and 2 of Article 27, paragraph 1 of Article 28, and paragraph 1 of Article 33 of this Law are violated by the sale, purchase, use, transport, carriage, or delivery of wildlife under national key protection, and the products thereof, without approvals or without obtaining special markers or without using special markers as provided, or without carrying or attaching copies of the artificial breeding permit, approval documents, or the special markers; the departments for protection of wildlife and the administrative department of industry and commerce of the people's government at the county level or above are to follow their duties and division of labor to confiscate the wildlife and the products thereof and the unlawful gains, and impose a fine between two and ten times the unlawful gains; where the circumstances are serious, revoke the assisted breeding licenses, withdraw the approval documents, and recollect the special markers; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Where paragraph 4 of Article 27 or paragraph 2 of article 33 of the Law is violated by sale, use or transport of wildlife not under national key protections without carrying proofs of their lawful origins, the departments for protection of wildlife and the administrative department of industry and commerce of the people's government at the county level or above are to follow their duties and division of labor to confiscate the wildlife and impose a fine of between 1 and 5 times the value of the wildlife.

Where paragraph 5 of Article 27, or Article 33, of this Law is violated by the sale, transport, carriage, or deliver of relevant wildlife and the products thereof without carrying or attaching quarantine inspection certificates, handle it in accordance with the the provisions of the "People's Republic of China Law on the Prevention of Animal Disease".

Article 49: Where Article 30 of this Law is violated by the use of wildlife under national key protection, and the products thereof, for the production of or trade in food, or by use of wildlife not under national key protection that lack proofs of lawful origins, or the products thereof, to make food, or by the illegal purchase of wildlife under national key protection, and the products thereof, for eating; the department for protection of wildlife, the administrative department of industry and commerce and the food and drug administration department of people's governments at the county level or above will follow their duties and division of labor to order the person to cease the unlawful acts, will confiscate the wildlife and the products thereof and unlawful gains, and will impose a fine between five times and ten times the value of illegal incomes; where there are no unlawful gains, a fine of between two and ten times the value of the wildlife and the products thereof ; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 50:Where Article 31 of this Law of this law is violated by the publication of advertisements for the illegal sale, purchase, or use of wildlife and the products thereof, or for prohibited hunting tools, the person shall be punished in accordance with the provisions of the "PRC Advertising Law."

Article 51:"Where Article 32 of this Law is violated by providing trading services for the illegal sale, purchase, or use of wildlife, or the products thereof, or for prohibited hunting tools, the administrative department of industry and commerce of the people's governments at the county level or above will order the illegal behavior stopped and corrected within a given time frame, will confiscate unlawful gains, and will impose a fine of between two and five times the unlawful gains; where there are no illegal incomes, a fine of between 10,000 and 50,000 RMB is imposed; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 52:Where the provisions of Article 35 of this Law are violated by importing or exporting wildlife or the products thereof, customs, the inspection and quarantine department, the public security organs and the marine law enforcement departments will punish the person in accordance with laws administrative regulations and relevant national provisions; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 53:Where the provisions of paragraph 1 of Article 37 of this law are violated by introducing wildlife species from outside the mainland, the department of animal protection for the people's government at the county level or above will confiscate the introduced wildlife and impose a fine of between 50,000 and 250,000; where quarantine inspections for entering the mainland were not carried out, a fine is given in accordance with the "People's Republic of China Law on animal quarantine at entry and exit" ; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 54:Where paragraph 2 of Article 37 of this Law is violated by releasing releasing wildlife introduced from outside the mainland into the wild, the department for the protection of wildlife will order them recaptured by a certain time, and give a fine of between 10,000 and 50,000 RMB; where the time period for recapture is exceeded, the department for the protection of wildlife will recapture them in their stead or employ measures to reduce the impact, with the person ordered to recapture to bear all costs.

Article 55:Where paragraph 1 of Article 39 of this Law is violated by fabricating, modifying, selling, transferring, or leasing relevant certificates, special markers or approval documents; the departments of wildlife protection for people's governments at the county level or above will confiscate the illegal certificates, special markers or approval documents and unlawful gains, and impose a fine of between 50,000 to 250,000 RMB; where a public security administrative violation is constituted, the public security organs will give a public security administrative sanction in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 56:Physical items confiscated in accordance with the provisions of this Law are disposed of by the departments for protection of wildlife for people's governments at the county level or above, or departments they authorize.

Article 57:The standards and methods for assessing the values of hunting spoils, wildlife and the products thereof, as specified by this Law will be established by the wildlife protection departments under the State Council.

Chapter V: Supplementary Provisions

Article 58:This Law takes effect on January 1, 2017.

 

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