Wildlife Protection Law (Draft Revisions) (2nd deliberation Draft) 2022 Ed.

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中华人民共和国野生动物保护法(修订草案) (二次审议稿)

Contents

Chapter I: General Provisions

Chapter II: Protection of Wildlife and 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.

Wildlife protected under this Law refers to rare and endangered terrestrial and aquatic wildlife as well as terrestrial wildlife having important ecological, scientific and social value. "Wildlife and the products thereof" as provided for in this Law refers 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 are owned by 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 is to implement the principles of prioritized protection, regulated use, and strict oversight of wildlife; encourage the performance of scientific research on wildlife; foster citizens’ awareness of wildlife protection; and promotes the harmonious coexistence of man and nature.

Article 5: The State protects 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. It is forbidden to illegally hunt, transport, or trade in wild animals, and it is forbidden to destroy the habitats of wild animals. The illegal consumption of wildlife is prohibited. The societal public is to strengthen their awareness of ecological protections and preserve public safety, rejecting illegal consumption of wildlife, and fostering a scientific, healthy, and civilized lifestyle.

All organizations and individuals have the right to report or give notice of violations of this law to relevant departments. Departments for wildlife protection and other relevant departments and organs of people's governments at the county level or above shall promptly handle reports or complaints in accordance with law.

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

Local people’s governments at the county level and above are responsible for overseeing efforts on the conservation of wildlife in their respective administrative regions, and their departments for the administration of forestry and grasslands, and for fisheries are to be respectively responsible for overseeing the conservation of terrestrial and aquatic wildlife in their respective administrative regions.

The relevant departments of people's governments at the county level or above are responsible for efforts related to the protection of wildlife in accordance with their division of labor and duties.

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 information on ecological protection; and organize and carry out training for workers on laws, regulations, and specialized knowledge.

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 are to give commendations and awards in accordance with state provisions to organizations and individuals making significant achievements in wildlife protection and scientific research.

Chapter II: Protection of Wildlife and 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 key national protection is to be published by the wildlife protection departments under the State Council after a scientific hearing and assessment have been organized and it has been reported to the State Council for approval.

The wildlife protection departments under the State Council are to formulate and publish the directory of terrestrial wildlife having important ecological, scientific and social value after soliciting the opinions of relevant departments such as for agriculture and rural affairs, natural resources, science and technology, ecology and the environment, and health, and organizing scientific hearings and assessments.

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 directories of wildlife under local key conservation are to be drafted and published by the people's governments of provinces, autonomous regions, and directly governed municipalities after organizing scientific hearings and assessments and soliciting opinions from the State Council department for the protection of wildlife.

Scientific hearings and assessments on the directory provided for in this article shall be organized every five years, with adjustments made on the basis of the assessment, and prompt adjustments may also be made as needed for the protection of wildlife.

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.

The 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;

(3) Major factors threatening wildlife and their 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 are to include important wildlife habitats as state parks and other nature preserves, to protect, restore, and improve environments for the survival of wildlife. 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 in nature preserves. Relevant nature preserves are to be 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 nature preserves are prohibited. Sites and routes for construction projects such as airports, railways, roads, waterways, waterworks, hydro-power, cofferdams, and sea reclamation shall avoid nature preserves, important habitats, and migration breeding migration paths of wildlife; but where is it truly 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 preserves, 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 14: 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 15: Where wildlife under key national or local protection and terrestrial animals that have important ecological, scientific, or social 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.

The state strengthens the construction of the capacity shelter and rescue wildlife. 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 ans strengthen regulation and guidance for social organizations carrying out efforts to shelter and rescue wildlife. As actually needed for the shelter and care of wildlife, shelter and rescue institutions shall establish venues for shelter and rescue equipped with corresponding professional and technical personnel, rescue tools, equipment and medicines, and so forth. It is forbidden to sell and purchase wildlife and the products thereof in the name of sheltering and rescue.

Article 16: The "PRC Law on the Prevention of Zoonotic Diseases" and other relevant laws and regulations are to be applied in wildlife illness pathogen monitoring, quarantine, and the prevention of zoonotic diseases.

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: Based on actual circumstances and needs, the relevant local people’s governments should take measures such as population control and constructing isolated protection facilities to prevent and control hazards that might be created by wildlife and ensure the security of people in their lives and property, ecological security, and the security of agricultural 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 other terrestrial wildlife that causes serious harm, and subsidize necessary expenses. Specific measures are to be formulated by State Council finance department in conjunction with the State Council department in charge of wildlife protection.

In emergency situations where wildlife endangers human safety and appropriate measures are employed that harm the wildlife, legal responsibility is not borne in accordance with law.

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 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 people's governments at the county level or above or other departments in charge of wildlife protection shall provide for and publish content on the scope of migration and breeding paths and the activities obstructing the lives and breeding of wildlife.

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 the provincial, autonomous region, or directly governed municipality people’s governments.

Article 22: Where hunting terrestrial wildlife that has important value for the ecology, science, or society, or wildlife under key local protections, 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 also be observed.

Article 23: Hunters shall hunt wildlife in strict accordance with the types, quantities, limits, places, tools, methods, and time periods specified on the special hunting permit or hunting license. After a hunting operation is completed, the hunting situation shall be filed with the wildlife protection department that issued the special hunting license or hunting license. The specific measures are to be formulated by the competent department of wildlife protection under the State Council. Professional bodies and individuals are to undertake the hunting of wildlife under key national protection, and areas with the capacity may have professional bodies carry out the orderly hunting of other animals.

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, bird nets, 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 species protection, scientific research, and breeding operations.

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: Management by category and level is to be implemented for the artificial breeding of wildlife to strictly protect and scientifically use wildlife resources. The State supports the artificial breeding of wildlife under national key protection by relevant scientific research institutes for the purpose of preservation.

A license system is to be implemented for the artificial breeding of wild animals under key national 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.

Artificial breeding of terrestrial animals with important ecological, scientific, or social value shall be filed with the departments in charge of protecting wildlife for people's governments at the county level or above.

The artificial breeding of wildlife 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, the relevant provisions of this law on hunting of animals shall be obeyed.

"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.

The specific measures for the management of artificial breeding of wildlife by category and level are to be formulated by the wildlife protection departments under the State Council.

Article 26: The artificial breeding of wildlife 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: Safety measures shall be employed in the artificial breeding of wildlife to prevent animals from harming people or escaping. Where wildlife in artificial breeding harm others, endanger public safety, or destroy the ecology, legal responsibility shall be borne in accordance with law.

Article 28: 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.

Where terrestrial wildlife with important ecological, scientific, and social value or wildlife under local key protection and their derivative products are sold or used, proof of their lawful origins such as from hunting, artificial breeding, or import/export shall be provided, or a special marker obtained.

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

Article 29: For wildlife under national key protection where artificial breeding technologies are mature and stable, after scientific hearings and assessments 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 the 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.

After scientific debate and assessment, terrestrial wildlife artificial breeding populations that have been domesticated, have stable human-selected economic traits, for which artificial breeding technology is sophisticated, and which have already become part of the disease prevention and control system, may be lawfully entered into the national directory of livestock and poultry genetic resources.

Article 30: 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 and the like, the "PRC Law on the Administration of Medicines" and other related laws and regulations shall also be obeyed.

Article 31: It is prohibited to consume wildlife under key national protection and terrestrial animals that have important ecological, scientific or social value, and other terrestrial wildlife. It is prohibited to hunt, trade in, or transport wildlife provided for in the preceding paragraph that is naturally grown and bred in the wild, for the purpose of consumption.

It is prohibited to produce or trade in food made from wildlife and the products thereof provided for in the first paragraph of this article.

It is prohibited to illegally purchase for use as food any wildlife and the products thereof provided for in the first paragraph of this article.

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 platforms, commercial goods markets, restaurants, and so forth to provide display, transaction, or consumer services for the illegal sale, purchase, use as food, or use of wildlife and the products thereof or of prohibited hunting gear.

Article 34: Transport, carriage, or delivery across county lines, of wildlife under national key protection, and the products theoreof, and the products thereof, or of wildlife provided for in paragraph 2 of article 29 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 that comply with articles 21, 25, 28, or 29 of this Law. Where transporting, carrying, or delivering terrestrial wildlife with ecological, scientific, or social importance, and wildlife under local key protection across county boundaries, proofs of its lawful origins, such as from hunting, artificial breeding, or import-export, shall be carried.

Where transporting, carrying, or delivering wildlife provided for in the preceding two paragraphs across country boundaries, quarantine inspection services shall also be attached in accordance with the "PRC Law on the Prevention of Animal Disease". Where enterprises such as for railways, roads, waterways, civil aviation, postal services, or express delivery, consign, carry or deliver wildlife and the products thereof, they shall check the relevant certificates, copies of documents or special markers, and must not transport or deliver those that do not meet the requirements.

Article 35: Departments for the protection of wildlife in people's governments at the county level or above shall conduct regulation, oversight, and management of activities using wildlife and the products thereof such as scientific research, artificial breeding, and public displays and performances.

Departments for market oversight and management, customs, railways, roadways, water transport, civil aviation, or post, shall conduct oversight inspections of activities such as the trade, use, transport, carrying, and delivery of wildlife and the products thereof.

The state is to establish coordination mechanisms for joint wildlife law enforcement work led by the competent departments of forestry and grassland and for fisheries under the State Council with relevant departments cooperating. The local people's governments shall establish corresponding coordination mechanisms for joint law enforcement.

The departments for wildlife protection and other departments with duties of wildlife protection oversight and inspection of people's governments at the county level or above shall transfer leads on crimes to the organs with authority for criminal or non-criminal investigation authority.

Where in the course of investigating wildlife protection crimes, public security organs find that there the facts do not show a crime, or that the crime is clearly minor, and it is not necessary to pursue criminal responsibility but an administrative punishment should be given, they shall promptly transfer the case to the departments for wildlife protection or other departments with wildlife protection duties of people's governments at the county level or above, and the relevant departments shall handle it in accordance with law.

Article 36: The departments for wildlife protection of people's governments at the county level or above and other departments with duties on the protection of wildlife may employ the following measures when performing their duties as provided in this law.

(1) To enter places related to violations of wildlife protection management and conduct on-scene inspections and investigations;

(2) To inspect, test, and collect specimens and evidence of wildlife;

(3) Accessing or reproducing relevant documents or materials and sealing documents or materials that might be removed, destroyed, concealed or tampered with;

(4) Sealing or seizing wildlife or their products that do not have proofs of lawful origin; sealing or seizing tools, equipment, or items suspected of involvement with the illegal hunting of wildlife or the illegal purchase, sale, processing, or transport of wildlife and its products.

Article 37: 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 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 State Council departments for the protection 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. Customs is to handle entry and exit quarantine inspections based on the import/export permit certificates and handle other customs procedures in accordance with law.

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 State Council departments for the protection of wildlife, the wildlife included in paragraph 1's directory is to be managed in accordance with the relevant provisions of this Law.

Article 38: It is prohibited to provide genetic resources from our country's unique wildlife to foreign institutions and personnel. When carrying out international scientific research collaboration, approvals shall be obtained in accordance with law; our country's scientific research institutions, schools of higher learning, enterprises, and their personnel shall substantively participate in the research; a benefit sharing agreement shall be signed, and the relevant laws and administrative regulations of our country shall be followed.

Article 39: The State is to organize and carry out international cooperation and communication on wildlife protection and related law enforcement activities, establish mechanisms for coordinating departments to prevent and combat the smuggling and illegal trade of wildlife and the products thereof, and carry out actions to prevent and combat the smuggling and illegal trade of wildlife and the products thereof.

Article 40: 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. Permits for import-export shall be obtained in accordance with law where wildlife species included in the directory provided for in paragraph 1 of Article 37 of this Law are introduced from outside mainland China. Customs is to handle entry quarantine on the basis of import approval documents or import/export permit certificates in accordance with law.

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 harm to the ecological system. When it is truly necessary to return them to the wild, it is to be done in accordance with the relevant national provisions.

Article 41: 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. The specific measures are to be formulated by the competent department of wildlife protection under the State Council.

Article 42: The fabrication, modification, sale, purchase, 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 43: 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 the 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 44: Based on actual conditions, provincial, autonomous region, or directly governed municipality people's congresses or their Standing Committees may draft measures for the management measures such as for wildlife under key local protection.

Chapter IV: Legal Responsibility

Article 45: 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 46: 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 47: Where the provisions of paragraph 4 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 the 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 twenty times the value of the wildlife and the products thereof, and enter information on the illegality in the social credit record, and release it publicly; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 48: In any of the following situations, where articles 20, 21, paragraph 1 of article 23, or paragraph 1 of article 24 of this Law are violated, the departments for the protection of wildlife, coastguard,of people's governments at the county level or above and the bodies for the management of the relevant nature preserves are to confiscate the hunting spoils, hunting tools, and unlawful gains in accordance with their duties and division of labor, cancel special hunting permits, and give a concurrent fine of between 2 and 20 times the value of the hunting spoils, or where there are no hunting spoils or their value is less than 5000 RMB, give a concurrent fine of between 10,000 and 100,000 RMB; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

(1) Catching wildlife under key national protection in nature preserves or in areas or at times when hunting (fishing) is prohibited;

(2) Catching or killing wildlife under key national protection without obtaining special hunting permits or in violation of the provisions of special hunting permits;

(3) Using prohibited tools or methods to hunt wildlife under key national protection.

Where paragraph 1 of article 23 of this Law is violated by a failure to file with the departments for the protection of wildlife regarding hunting circumstances, the department for the protection of wildlife that issued the special hunting license is to order that corrections be made in a set period of time, and where corrections are not made in time, give a fine of between 10,000 and 100,000 RMB; and where circumstances are serious, revoke the special hunting licenses or hunting licenses.

Article 49: In any of the following situations, where articles 20, 22, paragraph 1 of article 23, or paragraph 1 of article 24 of this Law are violated, the departments for the protection of wildlife of people's governments at the county level or above and the bodies for the management of the relevant nature preserves are to confiscate the hunting spoils, hunting tools, and unlawful gains in accordance with their duties and division of labor, cancel hunting permits, and give a concurrent fine of between 1 and 10 times the value of the hunting spoils, or where there are no hunting spoils or their value is less than 2000 RMB, give a concurrent fine of between 2000 and 20,000 RMB; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

(1) Catching terrestrial wildlife with important ecological, scientific, or social value, or wildlife under key local protection in nature preserves or in areas or at times when hunting (fishing) is prohibited;

(2) Catching terrestrial wildlife with important ecological, scientific, or social value, or wildlife under key local protection without obtaining hunting permits or in violation of the provisions of hunting permits;

(3) Using prohibited tools or methods to catch terrestrial wildlife with important ecological, scientific, or social value, or wildlife under key local protection. Where Article 20 or paragraph 1 of article 24 of this Law are violated by catching other terrestrial wildlife in nature preserves, areas where it is prohibited, or at times when it is prohibited, or using tools and methods that are prohibited, the departments for the protection of wildlife of people's governments at the county level or above and the bodies for the management of the relevant nature preserves are to confiscate the hunting spoils, hunting tools, and unlawful gains in accordance with their duties and division of labor, and give a concurrent fine of between 1 and 3 times the value of the hunting spoils, or where there are no hunting spoils or their value is less than 1,000 RMB, give a concurrent fine of between 1,000 and 3,000 RMB; and 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 also give public security administrative sanctions in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 50: Where paragraph 2 of article 31 of this Law is violated by catching, trading in, or transporting wild-bred and raised wildlife under key national protection or terrestrial wildlife with important ecological, scientific, or social value for the purpose of consumption as food, it is to be given a heavier punishment in accordance with articles 48, 49, and 52 of this Law.

Where paragraph 2 of article 31 of this law is violated by hunting animals that are naturally grown and bred in the wild, for the purpose of consumption; the department for the protection of wildlife for the local people's governments at the county level or above or the management bodies for nature preserves are to follow their duties and division of labor to confiscate the hunting spoils, tools, and unlawful gains, and give a fine of between 1 and 5 times the value of hunting spoils, or where there are no hunting spoils, or their value is less than 2000 RMB, give a fine of between 2,000 and 10,000 RMB; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Where paragraph 2 of article 31 of this Law is violated by trading or transporting other terrestrial wildlife that is naturally grown and bred in the wild, for the purpose of consumption as food, the departments for the protection of wildlife or for market oversight and management of local people's governments at the county level or above are to follow their duties and division of labor to confiscate the wildlife and give a fine of between 1 and 5 times their value; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 51: 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 29 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 10 times the value of the wildlife and the products thereof.

Where the third paragraph of article 25 of this Law is violated by failing to file the artificial breeding of wildlife that has important ecological, scientific, or social value, the departments for the protection of wildlife of county level people's governments are to order that corrections be made in a set period of time, and where the corrections are not made in time, give a fine of between 500 and 2,000 RMB.

Article 52: Where paragraphs 1 or 2 of Article 28, paragraph 1 of Article 29, or paragraph 1 of Article 34 of this Law are violated by the sale, purchase, use, transport, carriage, or delivery of wildlife under national key protection, and the products thereof or wildlife and the products thereof provided for in paragraph 2 of article 29, 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, the departments for protection of wildlife and the departments for market administration 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, order the closure of illegal business venues, and impose a fine between two and twenty times the unlawful gains; where the circumstances are serious, revoke the artificial 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 28 or paragraph 2 of article 34 of this Law are violated by the sale, usage, transport, carriage, or delivery of wildlife with important ecological, scientific, or social value, or wildlife under key local protections and the products thereof without having proof of their lawful origin, the departments for the protection of wildlife and for market oversight and management of people's governments at the county level or above are to follow their duties and division of labor to confiscate the wildlife and give a fine of between 1 and 10 times the value of the wildlife; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Where paragraph 4 of article 34 of this Law is violated by enterprises such as for railways, roadways, water transportation, civil aviation, post, or courier services not inspecting as provided or transporting and delivering wildlife and the products thereof, the relevant regulatory departments such as for transportation, railway administration, civil aviation, and postal administration are to follow their duties and division of labor to confiscate any unlawful gains and give a fine of between 1 and 5 times their value; and cancel permits where the circumstances are serious.

Article 53: Where paragraphs 1 or 4 of article 31 of this Law are violated by the consumption, or illegal purchase for the purpose of consumption of wildlife and the products thereof provided for in this law, the departments for the protection of wildlife or market administration of local people's governments at the county level or above are to follow their duties and division of labor to stop the illegal activity, confiscate the wildlife and the products thereof, give a fine of between 2 and 20 times their value; where other terrestrial wildlife and the products thereof are consumed or illegally purchased for the purpose of consumption, the departments for the protection of wildlife or market administration of local people's governments at the county level or above are to follow their duties and division of labor to stop the illegal activity, confiscate the wildlife and the products thereof, and give a fine of between 1 and 10 times their value; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Where paragraph 3 of Article 31 of this Law is violated by the production or trade in foods made using wildlife protected by this law or other terrestrial wildlife and the products thereof, the departments for the protection of wildlife or for market administration of people's governments at the county level or above are to follow their duties and division of labor to order that the illegal activity be stopped, confiscate the wildlife and the products thereof as well as any unlawful gains, order that illegal business locations be shut down, and give a fine of between 15 and 30 times the value of unlawful gains; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 54: 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 55: Where Article 33 of this Law is violated by providing services such as for the display, trading, or purchases for the illegal sale, purchase, eating, or use of wildlife, or the products thereof, or for prohibited hunting tools, the departments for market administration people's governments at the county level or above are to order the illegal behavior stopped and corrected within a set period of time, confiscate unlawful gains, and will impose a fine of between two and ten times the unlawful gains; where there are no unlawful gains or they are less than 5,000 RMB, a fine of between 10,000 and 100,000 RMB is to be imposed; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 56: Where the provisions of Article 37 of this Law are violated by importing or exporting wildlife and the products thereof, customs, the public security organs and coast guard bodies are to handle it in accordance with laws, administrative regulations, and relevant national provisions; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 57: Where article 38 of this Law is violated by providing genetic resources from our country's unique wildlife to foreign institutions and personnel, the departments for the protection of wildlife for the local people's governments at the county level or above is to confiscate the wildlife and the products thereof and any unlawful gains, and give a fine of between 1 and 5 times the value of the wildlife and the products thereof; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 58: Where the provisions of paragraph 1 of Article 41 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 500,000; where quarantine inspections for entering the mainland were not carried out, a fine is given in accordance with the "PRC Law on Animal Quarantine at Entry and Exit"; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 59: Where paragraph 2 of Article 40 of this Law is violated by 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 100,000 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 60: Where paragraph 1 of Article 42 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 500,000 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 61: Departments for the protection of wildlife and other departments and bodies with duties on the protection of wildlife for people's governments at the county level or above shall handle wildlife and the products thereof that have been confiscated in accordance with relevant provisions, with specific measures being drafted by the State Council department for the protection of wildlife in conjunction with other relevant departments of the State Council.

Article 62: 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 63: This Law shall take effect on xx-xx-xxxx.

 

 

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