P.R.C. Wildlife Protection Law (Revision Draft 2)

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A completed translation of an earlier draft of proposed revisions to this law was contributed by the American Bar Association ROLI China Office, and drawn upon in creating this translation.

In December 2015, the 18th Session of the 12th NPC Standing Committee conducted the first deliberation of the "PRC Law on the Protection of Wildlife (Revision Draft.)" Between December 30, 2015 and January 29, 2016, the Draft was published on National People's Congress's website to solicit public opinion. Thereafter, based on the opinions of the members of the NPC Standing Committee and of all sectors, [the Law Committee] made changes to the Draft, and formulated the "PRC Law on the Protection of Wildlife (Draft Revisions, Second Deliberation Draft)" In April 2016, the 20th Session of the 12th NPC Standing Committee deliberated the Second Deliberation Draft. The "PRC Law on the Protection of Wildlife (Second Deliberation Draft)" is hereby released on the website of the of the National People's Congress, and the public may directly login to the National People's Congress website (www.npc.gov.cn))and provide comments; and may also mail comments to the Legislative Affairs Committee of the Standing Committee of the National People's Congress, (1 West Qianmen Avenue, Xicheng District, Beijing 100805) [in Chinese: 北京市西城区前门西大街1号,邮编:100805. Please indicate on the envelope that it is a solicited comment on the Law on the Protection of Wildlife (Draft Revisions, Second Deliberation Draft). Comments Deadline: May 20, 2016

Law of the People's Republic of China on the Protection of Wildlife (Revision Draft)

(Second Deliberation Draft)

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 regulate the use of wildlife resources, 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 used in this this Law refers to the entirety (including ova and eggs), parts and derivatives of conserved 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 are owned by the State.

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

Article 4: The State implements principles of prioritized protection, reasonable 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: All units and individuals have the obligation to conserve wildlife and their habitats, and the right to make reports or accusations to relevant departments regarding conduct violating this law.

Departments for wildlife protection and other relevant departments and organs shall promptly handle reports or complaints in accordance with law.

Article 6: People’s governments at the county level or above shall strengthen the protection of wildlife and their habitats, draft corresponding protection plans and measures, and include the expenses for protection of wildlife in their budgets.

The State encourages citizens, legal persons, and other organizations to use method such as making donations and giving support to participate in activities for the protection of wildlife and support the public interest area of wildlife protection.

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 foster students’ awareness of wildlife protection.

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 protects wildlife and their habitats, and prohibits any unit or individual from illegally hunting wildlife or destroying wildlife habitats.

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

Article 11: The State carries out classification and graded protections for wildlife, classifying wildlife as wildlife under key national protection, wildlife under key local protection and terrestrial wildlife having important ecological, scientific and social value.

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 key national protection is to be formulated by the wildlife protection departments under the State Council after scientific assessment has been organized, and published after approval of the State Council.

The wildlife protection departments under the State Council shall assess the directory of wildlife under key national protection once every five years, confirm adjustments of the directory based on the assessment result, and report it to the State Council for approval and publishing.

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 drafting and adjustments of directories of wildlife under key local protection will be formulated and published by the people’s governments of the provinces, autonomous regions and directly governed municipalities.

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

Article 12: The wildlife protection departments of people’s governments at the county level or above shall organize, or entrust relevant scientific establishments to conduct periodic surveys, monitoring and assessment of 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) Wild distribution regions, population number, structure and other information on wildlife;

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

(3) Major factors threatening wildlife and their habitats; and

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

Article 13: 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 or above will refer to the directory of important wildlife habitats to delineate corresponding nature reserves and other protected areas in accordance with law. Where the conditions are not met for determination of nature reserves and other protected areas, people’s governments at the county level or above or their wildlife protection departments may protect wildlife by means such as designating areas or time periods in which hunting (fishing) is forbidden.

Artificial interference and other conduct endangering wildlife such as creating pure forest, introducing alien species, and spreading excessive amounts of pesticides is prohibited or restricted in nature reserves or other protected areas.

The delineation and management of nature reserves and other protected areas is handled in accordance with the provisions of relevant laws and regulations.

Article 14: 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 adverse consequences of the implementation of plans.

Where laws and regulations prohibit conducting construction activities within natural reserves and other protected areas, related projects must not be constructed. Sites and routes for construction projects such as airports, railways, roads, waterworks, hydropower, cofferdams, and sea reclamation shall avoid nature reserves and other protected areas, 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 nature reserves, other protected areas 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 key national 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 15: The departments for the protection of wildlife at each level shall monitor and oversee the 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 16: 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 17: 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 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.

Article 18: 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 19: Relevant people’s governments shall take measures to prevent and control hazards created by wildlife and assure the security of people and livestock as well as agricultural and forestry production.

Article 20: Where human casualties or the loss of crops or other property are caused by the protection of wildlife under key national or local protections, 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 cooperate with insurance agencies to launch insurance services for compensation for harm caused by wildlife.

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

Chapter III: Wildlife Management

Article 21: The hunting or killing of wildlife under key national 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 terrestrial wildlife other than wildlife under key national protection, hunting licenses 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 permit or the hunting license.

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

Article 24: It is prohibited to hunt or engage in other activities obstructing the lives and breeding of wildlife in nature reserves or other protected areas or within areas forbidding hunting (fishing) or during periods when hunting (fishing) is prohibited. Unless otherwise specified 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 25: The use of poisons, explosives, electronic shocks or electronic trap devices as well as hunting sheaths, hunting traps, floor guns, line muskets and other such hunting tools 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, with an exception where net 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 26: The State supports relevant scientific research institutes to engage in protective artificial breeding of wildlife under key national protection.

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 key national 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 otherwise specified by the State Council.

The artificial breeding of wildlife under key national protection, shall use artificially bred filial generations as the breed stock, and create species files and individual data. Where wild breed source is needed to protect 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 27: The artificial breeding of wildlife under key national 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 behaviors, 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 not mistreat wildlife.

Article 28: The sale, purchase, transfer, or use of wildlife under key national protection, and the products thereof, is prohibited.

Where it is necessary to sell, purchase or use wildlife under key national protection, and the products thereof, for the purpose of scientific research, artificial breeding, public display (performance) or 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, unless otherwise provided by the State Council.

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

Article 29: For wildlife under key national protection where artificial breeding technologies are mature and stable, after scientific debate on the merits, the animals shall be put on the directory of wildlife under key national protection for which artificial breeding is permitted, 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 key national protection as provided in Article 11 of this Law, artificial (captive) populations of wildlife for which artificial breeding technologies are mature and stable as provided in the previous paragraph may be de-listed from the directory of wildlife for key national protection based on the protection conditions of the wild populations, 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 Article 26 of this Law and of the first paragraph of this article.

Article 30: Where wildlife and the products thereof are utilized, laws, regulations and relevant national provisions shall be observed, and public order and good custom must not be violated.

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

Article 31: The production and trade of food made from wildlife under national key protection, and the products theoreof, is prohibited, as is use of wildlife that are not under key national 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 32: The publication of advertisements for the sale, purchase or use of wildlife, or for prohibited hunting gear is prohibited. The publication of advertisements for the illegal sale, purchase or use of wildlife products is prohibited.

Article 33: It is prohibited for online trading platforms, concentrated commodity trading markets and other trading sites to provide services for the illegal sale, purchase or use of wildlife and the products thereof or for prohibited hunting tools and methods specified by Article 25 of this Law.

Article 34: The departments for protection of wildlife for people’s governments at the county level or above shall supervise and administer the use of wildlife, and the products thereof, such as for scientific research, assisted breading, and public display (performance).

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, delivery, and eating of wildlife and the products thereof.

Article 35:Where transporting, carrying or delivering wildlife under key national protection and the products thereof across county boundaries, a duplicate of the permit or approval documents or special marks provided for in Articles 21, 26, 28 and 29 of this Law shall be carried or attached.

When transporting terrestrial wildlife not under key national protection across county boundaries, proofs of its lawful origins, such as from hunting, import-export, or artificial breeding shall be carried.

Article 36: The departments of wildlife protection under the State Council will draft and publish a directory, and any adjustments to that directory, of wildlife, and the products thereof, whose trade is prohibited or restricted by international conventions to which China is a party.

Where wildlife and the products thereof provided for on the directory in the preceding paragraph are imported or exported, or where wildlife under key national protection and the products thereof are exported, it shall be upon the approval from the wildlife protection departments under the State Council or the State Council, and obtain an import or export permit issued by the national department for the administration of import and export of endangered species. Customs will handle clearance procedures on the basis of the import or export permit.

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 provided for on paragraph 1's list may be managed as wildlife under key national protection within the scope of this law's application.

Article 37: The State shall establish a departmental coordination mechanism preventing and combating the smuggling and illegal trade of wildlife and the products thereof, shall organize and carry out actions to prevent and combat smuggling and illegal trade, and strengthen and advance international cooperation and exchange.

Article 38: 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. Customs will handle clearance procedures on the basis of import approval documents.

Where wildlife species from other areas 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 provisions from the wildlife protection departments under the State Council.

Article 39: The counterfeiting, altering, trading or transferring of the following certificates, documents and markers is prohibited:

(1) Special permissions hunting licenses;

(2) Hunting licenses;

(3) Artificial breeding permits;

(4) Documents approving the sale, purchase and use of wildlife under key national protection and the products thereof;

(5) Import or export documents;

(6) Specialized symbols.

Article 40: Foreigners conducting field surveys or producing films or videos in the wild on wildlife under key national protection within the mainland territory of the People's Republic of China, 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 key national 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 conduct other acts of not fulfilling duties in accordance with the provisions of this 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

Article 43: Where the provisions of paragraph 1 of Article 10 of this Law are violated, the departments for protection of wildlife of the people’s governments at the county level or above, institutes administering the relevant protected areas, will order that the unlawful conduct be stopped, require rectification within a given time-frame, eliminate the adverse impact on wildlife, and impose a fine of between three times and five times the rectification costs.

Article 44: Where, in violation of the provisions of paragraph 2 of Article 14 of this Law, construction projects fail to take measures to eliminate the adverse impact on wildlife in accordance with environmental impact assessment documents, departments reviewing the environmental impact assessment documents shall order the suspension of construction and rectification within a stated period, and impose a fine between 10,000 and 1,000,000 RMB.

Where the provisions of paragraph 2 of Article 14 of this law are violated, by establishing projects in an area where the laws provide that it is forbidden to establish such projects, the relevant laws and regulations are followed to give punishment.

Article 45: Where the provisions of paragraph 3 of Article 16 of this Law are violated by trading in animals 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 five times the value of the wildlife, and enter information on the illegality in the social credit files, and release it publicly.

Article 46: Where the provisions of Article 21 and paragraph 1 of Article 23 of this Law, are violated by the hunting or killing of wildlife under key national protection without obtaining the special hunting license or without observing the provisions of the special hunting license, the department for protection of wildlife or the marine law enforcement department of the people's government at or above the county level shall confiscate hunting spoils, hunting tools and illegal incomes, revoke the special hunting license, impose a fine between twice and ten times the value of the hunting spoils, if any; or impose a fine between 10,000 and 50,000 RMB, if there are no hunting spoils.

Where the provisions of Article 24 or paragraph 1 of Article 25 of this Law are violated by hunting terrestrial wildlife not under key national protection in areas that forbid hunting (fishing) or within a period forbidding hunting (fishing) or by using forbidden tools and methods, they are given a heavy sentence in accordance with the provisions of the preceding paragraph.

Article 47: Where any person hunts wild terrestrial animals that are not under national major conservation without obtaining the hunting license or without observing the provisions of the hunting license in violation of the provision of Article 22 and paragraph 1 of Article 23 of this Law, the agency supervising conservation of wild animals of the people's government at or above the country level hall confiscate hunted products, hunting tools and illegal incomes, revoke the hunting license, impose a fine above RMB 10,000 and below RMB 100,000 according to the quantity of the hunted products, if any; or impose a fine above RMB 2,000 and below RMB 10,000, if there are no hunted products.

Where any person hunts terrestrial wildlife that are not under national key conservation in the areas forbidding hunting (fishing) or within the period of forbidding hunting (fishing) or using forbidden tools and methods in violation of the provisions of Articles 24 and paragraph 1 of Article 25 of this Law, give a heavier punishment in accordance with the provisions of the previous paragraph.

Where the provisions of paragraph 2 of Article 23 of this Law are violated by hunting wildlife with a gun without possession of a gun license, the public security organs will give punishments in accordance with the "Law of the P.R.C. on the Administration of Firearms" and the "P.R.C. Public Security Administrative Sanctions Law".

Article 48: Where the provisions of paragraph 2 of Article 26 of this Law are violated by breeding wildlife under key national protection without obtaining an artificial breeding permit or observing the requirements of the assisting breeding permit, the departments for protection of wildlife for 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 up to five times the value of the wildlife; where the circumstances are serious, the artificial breeding permits are revoked.

Where paragraph 2 of Article 29 of this Law is violated, and conduct listed in the preceding paragraph is exhibited, punishment is in accordance with the provisions of the preceding paragraph.

Article 49: Where paragraph 1 of Article 28, paragraph 1 of Article 29, and paragraph 1 of Article 35 of this Law are violated by the sale, purchase, transfer, use, transport, possession, or delivery of wildlife under key national protection, and the products thereof, without approvals or without obtaining special markers or observing the requirements of the special markers, or without possessing or attaching the license, a copy of the approval document, or the special mark for assisted breeding, the department for protection of wildlife or the administrative department of industry and commerce of the people's government at or above the county level shall confiscate the wildlife and the products thereof and the illegal incomes, and impose a fine between five times and ten times the illegal incomes depending on the conservation levels and quantities of the wildlife; where there is no illegal income, impose a fine between twice and five times the value of the wildlife; where the circumstance is serious, revoke the assisted breeding license, annul the approval document, and revoke the special markers.

Where paragraph 2 of Article 29 of this Law is violated, and conduct listed in the preceding paragraph is exhibited, punishment is in accordance with the provisions of the preceding paragraph.

Where the provisions of paragraph 4 of Article 28 or paragraph 2 of Article 35 of this Law are violated by selling, buying, exploiting or transporting wildlife not under key national protection without possessing proof of their lawful origins, the wildlife protection departments or the administrative department of industry and commerce for the people's government at the county level or above will confiscate wildlife, and impose a fine of betwen one and three times the value of the wildlife.

Article 50: Where Article 31 of this Law is violated by the use in food production of wildlife under key national protection, and the products thereof, or wildlife not under key national protection that lack proofs of lawful origins, orthe products thereof, or by the illegally purchase for eating of wildlife under key national protection, and the products thereof, the department for protection of wildlife, the administrative department of industry and commerce or the food and drug administration department of the people's governments at the county level or above will order the person to cease the unlawful acts, will confiscate the wildlife and the products thereof and unlawful gains,, and 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 five times the value of the wildlife is imposed, depending on the conservation levels and quantities of the wildlife.

Article 51: Where Article 32 of this Law of this law is violated by 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 52: Where Article 33 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 two and five times the value of the wildlife depending on the conservation level and quantities of the wildlife.

Article 53: Where the provisions of Article 36 of this Law are violated by importing or exporting wildlife and the products thereof, customs, the inspection and quarantine department, the public security organs or the marine law enforcement departments will punish the person in line with laws, administrative regulations and relevant national provisions.

Article 54: Where the provisions of paragraph 1 of Article 34 of this Law are violated by introducing alien wildlife species from outside the territory of China, the departments for protection of wildlife for people's governments at the county level or above will confiscate the introduced wildlife, and impose a concurrent fine above between RMB 50,000 and RMB 200,000.

Article 55: Where the provisions of paragraph 2 of Article 38 of this Law are violated by introducing alien wildlife into the wild, the departments for protection of wildlife for people's governments at the county level or above will order the person to retrieve the animals within a given time frame, and where the person fails to retrieve the introduced wildlife within that time frame, the departments for protection of wildlife shall retrieve the introduced wildlife for the person or take measures to mitigate the impact with the person ordered to retrieve the introduced wildlife ordered to cover expenses, and a concurrent fine of between RMB 10,000 and RMB 50,000 may be imposed.

Article 56: Where Article 39 of this Law is violated by counterfeiting, altering, trading or transferring relevant licenses, documents or markers, the departments for protection of wildlife for people's governments at the county level or above will confiscate the illegal licenses, documents or marks, and impose a concurrent fine between RMB 50,000 and below RMB 200,000.

Article 57: Where the hunting of wildlife causes a harms to others' crops or other losses the hunter bears civil liability in accordance with law.

Article 58: 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 59: Where violations of this Law constitute a crime, criminal liability is pursued in accordance with law.

Chapter V: Supplementary Provisions

Article 60: The standards and methods for assessing the values of hunting spoils and wildlife specified by this Law will be established by the wildlife protection departments under the State Council.

Article 61: This Law takes effect on xxxx-xx-xx.

 

 

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