Wildlife Protection Law (Revised Draft) Soliciting Comments
The 22nd Session of the Standing Committee of the 13th National People's Congress deliberated on the Wildlife Protection Law of the People's Republic of China (Draft Revisions). The Wildlife Protection Law of the People's Republic of China (Draft Revisions) is hereby published on the website of the National People's Congress, and the public can directly log into the website of the National People's Congress ((www.npc.gov.cn)To submit comments, you can also send them to the Legislative Affairs Committee of the Standing Committee of the National People's Congress (No. 1 Qianmen West Street, Xicheng District, Beijing, 100805. On the envelope, please clearly indicate: draft amendment to the Wildlife Protection Law, soliciting comments). Deadline for solicited comments: November 19, 2020.
Wildlife Protection Law of the People's Republic of China (Draft Revisions)
Table of Contents
Chapter II: Protection of Wildlife and Habitats
Chapter III: Wildlife Management
Chapter IV: Legal Responsibility
Chapter V: Supplementary Provisions
Wildlife Protection Law of the People's Republic of China (Draft Revisions)
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, to prevent risks to public health, 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.
Where this law has provisions on the management of other terrestrial wildlife, those provisions shall be followed. 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 implements the principles of prioritized protection, regulated use, strict oversight of wildlife, and risk prevention; and encourages the performance of scientific research on wildlife; fosters citizens’ awareness of wildlife protection; and promotes the harmonious co-existence 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. The destruction of wildlife habitats is prohibited.
The illegal hunting, transport, and trade in wildlife are prohibited. The illegal consumption of wildlife is prohibited.
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 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.
All levels of departments for market oversight and management, customs, railways, roadways, water transport, civil aviation, or post, shall conduct oversight and inspection of activities such as the trade, use, transport, delivery, and carrying 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.
Article 8: People’s governments at all levels shall strengthen publicity, education and scientific awareness raising efforts about the protection of wildlife; encourage and support basic-level mass autonomous organizations, social organizations, enterprises, public institutions, and volunteers in carrying out publicity activities on laws and regulations on the protection of wildlife, ecological protection, and public health knowledge; and strengthen training for related professionals such as on laws and regulations on the protection of wildlife, ecological protection, and public health 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.
Citizens shall conscientiously strengthen their awareness of ecological protections and preserving public safety, conscientiously resisting excessive consumption of wildlife, and fostering a scientific, healthy, and civilized lifestyle.
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 State 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 assessment has 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, health, and ecology and the environment, and organizing a scientifical assessment.
A scientific assessment of the directory provided for in paragraphs two and three of 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. The State Council department for the protection of wildlife is to establish a scientific assessment committee to provide scientific support for efforts related to drafting and adjustment of the directory discussed above.
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 assessment and soliciting opinions from the State Council department for the protection of wildlife; and make adjustments to the catalog every five years on the basis of the circumstances found in the assessment.
As necessary for preventing public health risks and for preserving biosecurity and ecological security, the State Council department for the protection of wildlife, together with the State Council departments for areas such as health, agriculture and rural affairs, natural resources, and ecology and the environment, is to draft management provisions on the scope and specific management provisions for other terrestrial wildlife, and implement them after reporting to the State Council for approval.
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) Situations regarding wildlife pathogens, diseases, and their distribution;
(5) 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.
The departments for the protection of wildlife shall strengthen the protection and management of wildlife in nature preserves.
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, waterways, waterworks, hydro-power, cofferdams, and sea reclamation shall avoid relevant nature reserves, important habitats, 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: 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 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 is to strengthen capacity for sheltering and rescuing wildlife. People’s governments at the county level or above and relevant administrative agencies shall arrange funding, and organize and carry out efforts to shelter and rescue wildlife in accordance with relevant state provisions. 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 departments for the protection of wildlife, veterinary medicine, and health 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, to prevent the transmission and spread of wildlife pathogens and disease, and to 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 affect both people and animals.
Where relevant practitioners discover that wildlife are infected or suspected of being infected, and may bring on human or animal diseases, they shall promptly report to the departments for wildlife protection. Departments for the protection of wildlife that discover the circumstances described above or receive related reports from practitioners shall promptly report to the departments of health and veterinary medicine at the same level, and employ corresponding preventative and control measures.
The decontamination disposal of wildlife and the products thereof that are infected or suspected of being infected is to be carried out in accordance with relevant laws and regulations.
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 plans for the 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 ensure the security of people in their lives, health, and property and the security of 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 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 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 be observed.
Article 23: Hunting activities shall be organized by professional institutions and operated by qualified personnel trained in professional skills in strict accordance with the types, quantities or quotas, locations, tools, methods, and time limits specified in the special hunting license or hunting license. After a hunting operation is completed, the relevant professional organization shall file the hunting situation 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.
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 capture or mass culling of other terrestrial wildlife in the wild is to be prohibited or restricted. Except for plant protection operations and health and disease prevention activities carried out by departments such as for agriculture, forestry and grasslands, and urban landscaping.
Where capture is necessary in special circumstances such as for scientific research, artificial insemination, or public display and performance, it shall be upon reporting for approvals to the department for protection of wildlife of a people's government at the county level or above.
Where, in order to protect human health or ecological safety and ecological balance, it is necessary to adjust other terrestrial wildlife populations, the wildlife protection department for people's government at or above the county level for the area, in conjunction with relevant departments, is to organize the implementation.
Article 26: The State supports the artificial breeding of wildlife under national key protection by relevant scientific research institutes for the purpose of preservation.
A permit system is to be implemented for artificial breeding of wildlife under key national protection, terrestrial wildlife having important ecological, scientific and social value, and wildlife under key local 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 insemination of terrestrial wildlife with important ecological, scientific, or social value, of wildlife under key local protections, shall be upon the approval of the wildlife protection departments of people's government at the county level or above and shall obtain an artificial breeding license.
The artificial breeding of wildlife under national key protection, terrestrial wildlife with important ecological, scientific, or social value, or wildlife under key local 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, 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.
Article 27: 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 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, or 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.
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 or import/export shall be provided, or a special marker obtained.
Where wildlife provided for in paragraph two or three of this article is sold, a quarantine inspection certificate shall also be attached in accordance with law.
The scope and management measures for the implementation of special markings for wildlife and its derivative products are to be formulated by the wildlife protection departments under the State Council.
Article 29: 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 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.
Upon scientific debate and assessment by the State Council department for agriculture and rural affairs in conjunction with other relevant State Council departments, 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 entered into the "National Livestock and Poultry Directory".
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 due to special circumstances such as research, medicine, or exhibition, it is necessary to use wildlife for reasons other than consumption, strict approvals and quarantine inspections shall be carried out in accordance with relevant state provisions. Where wildlife and the products thereof are traded and utilized as medicines, the laws and regulations regarding medicines shall also be obeyed.
Article 31: It is prohibited to consume wildlife under key national protection, terrestrial animals that have important ecological, scientific or social value, and other terrestrial wildlife.
The hunting, trading, or transport of terrestrial wildlife that is naturally grown and bred in the wild, for the purpose of consumption, is prohibited.
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 trading 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 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, as well as quarantine inspection certificates, that comply with articles 21, 26, 28, or 29 of this Law.
Where transporting 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, import-export, shall be carried, as well as quarantine inspection certificates. A quarantine inspection certificate is required where other terrestrial wildlife is transported across county lines.
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 as provided above, 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 oversight and management of activities using wildlife and the products thereof such as scientific research, artificial breeding, and public displays and performances.
People's governments at the county level or above, and their relevant departments, shall increase the force of the joint enforcement in cases of major wildlife violations in accordance with the law and establish a system for joint investigation, handling, and oversight.
The departments for wildlife protection and other departments with duties of wildlife protection oversight and inspection shall transfer violations suspected of being crimes to the public security organs in accordance with regulations.
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 oversight and inspection duties, and the relevant departments shall handle it in accordance with law.
Article 36: The departments for wildlife protection at the county level or above and other departments with duties on oversight and inspection of wildlife protections, 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, quarantine, test or 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 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. 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 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 38: It is prohibited to provide genetic resources from our country's unique wildlife overseas or to foreign institutions and personnel.
Where our country's unique wildlife genetic resources are used to carry out international scientific research collaboration, there shall be equitable benefit sharing, with our country's scientific research institutions, schools of higher learning, enterprises, and their personnel substantively participating in the research, and the relevant laws and regulations of our country are to be followed.
Article 39: The state is to strengthen inspection and quarantine management for wildlife. The relevant provisions of the "People's Republic of China Animal Epidemic Prevention Law" apply to the inspection and quarantine of wildlife.
Article 40: 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 41: 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 37 of this Law, shall obtain permits and import-export certificates in accordance with law. Customs is to handle entry quarantine on the basis of import approval documents or import/export permit certificates and handle other customs procedures 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 42: Any organization or individual releasing wildlife to the wild shall choose a local species fit for survival in the wild at the release site, 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 43: 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 44: 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 45: Based on actual conditions, provincial, autonomous region, or directly governed municipality people's congresses or their Standing Committees may draft measures for the management of wildlife under key protection and other terrestrial wildlife.
Chapter IV: Legal Responsibility
Article 46: 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 47: 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 48: 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 twenty times the value of the wildlife or products thereof, and enter information on the illegality in the social credit records, and release it publicly; and people's health is endangered and the circumstances are serious, order that operations be stopped or shut down after reporting for approval to the people's government with the authority. Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Article 49: Where the provisions of Article 20, 21, paragraph 1 of Article 23, paragraph 1 of Article 24, and paragraph 2 of article 31 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, or hunting for food use, of wildlife under national key protection without obtaining the special hunting license, without meeting professional skills training standards, 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, and impose a fine of between 10,000 and 100,000 RMB; where there are hunting spoils give a concurrent fine of between 2 and 20 times their value; and where a crime is constituted, criminal responsibility is pursued in accordance with law.
Where paragraph 1 of article 23 of this Law is violated by the relevant professional bodies failure 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 corrections and give a fine of between 10,000 and 100,000 RMB; and where corrections are refused, revoke the special hunting license.
Article 50: Where article 20，article 22， paragraph 1 of of article 23, paragraph 1 of article 24, or paragraph 3 of article 31 are violated by hunting terrestrial wildlife with important ecological, scientific, or social value or wildlife under key local protections in nature preserves areas prohibiting hunting (fishing) or during periods where hunting (fishing) is prohibited; by hunting or killing, or hunting for food use, terrestrial wildlife with important ecological, scientific, or social value or wildlife under key local protections, or by using prohibited tools or methods to hunt terrestrial wildlife with important ecological, scientific, or social value or wildlife under key local protections, the departments for wildlife protection for the local people's government at the county level or above and the body administrating the nature preserve are to follow their duties and division of labor to confiscate the hunting spoils, tools, and unlawful gains, cancel hunting licenses, and give a fine of between 2,000 and 20,000 RMB; where there are hunting spoils, a fine of between 1 and 10 times their value is to be given; and 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 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 bodies in charge of managing the relevant preservation areas are to follow their duties and division of labor to confiscate the hunting spoils, tools, and unlawful gains, and give a fine of between 2,000 and 10,000 RMB; and where there are hunting spoils, give a fine of between 1 and 5 times their value; 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 51: Where article 25 of this Law is violated by the capture or mass culling of other terrestrial wildlife without permission or without following the content of permissions, the departments for the protection of wildlife of local people's governments at the county level or above or the body administrating the relevant nature preserve are to follow their duties and division of labor to confiscate hunting spoils, tools, and unlawful gains; revoke permission documents, and give a fine of between 1 and 5 times the value of the hunting spoils; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 52: Where paragraph 2 of article 26 of this Law is violated by artificially breeding wildlife under national key protection, or wildlife with important ecological, scientific, or social improtance, or wildlife under key local protections, 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. For the primary responsible person, directly responsible managers, and persons in key positions, confiscate their income from the corresponding unit during the period in which the illegal conduct occurred, give a fine of between 1 and 10 times the income they obtained, and prohibit them from engaging in artificial breeding of wildlife activities for life.
Article 53: Where paragraph 2 of Article 28, paragraph 2 of Article 31, or paragraph 1 of Article 34 of this Law are violated by the sale, purchase, use, transport, carriage, 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, or the special markers, or by their sale and transport for use as food; 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 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 3 of article 28, paragraph 2 of article 31, or paragraph 2 of article 34 are violated by sale, use, or transport without proofs of lawful origin or special markers, of terrestrial wildlife that has important ecological, scientific, or social value or wildlife and the products thereof that are under key local protections, or by the trade or transport of terrestrial wildlife such wildlife that was naturally grown and bred in the wild, for the purpose of consumption, the departments for the protection of wildlife of people's governments at the county level or above are to follow their duties and division of labor to confiscate the wildlife and the products thereof, and give a fine of between 1 and 10 times their value; 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, the departments for the protection of wildlife 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 the products thereof, 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.
Where paragraph 4 of article 28 or paragraph 2 of article 34 of this Law are violated by the sale, transport, carriage, or delivery of wildlife under key state protections, terrestrial wildlife with important ecological, scientific, or social value, wildlife under key local protections, or other terrestrial wildlife and the products thereof without having or attaching quarantine certificates, punishment is to be given in accordance with the "PRC Law on the Prevention of Animal Diseases".
Where paragraph 3 of article 34 of this Law is violated by enterprises such as railways, roadways, water transportation, civil aviation, post, or couriers 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 unlawful gains and give a fine of between 1 and 5 times their value; where the circumstances are serious, the transportation departments of local people's governments at the county level or above are to cancel their business permits, and where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 54: 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 under key national protections or terrestrial wildlife with important ecological, scientific, or social value and the products thereof, 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, and record information on the legality in the social credit records and release it to the public; 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.
Where paragraph 3 of Article 31 of this Law is violated by the production or trade of foods made using wildlife under national key protection, terrestrial wildlife that has important ecological, scientific, or social value, and the products thereof, or other terrestrial wildlife and the products thereof, the departments for wildlife protection 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 and 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, and the public security organs may give up to 15 days administrative detention to directly responsible managers and other directly responsible personnel. Where human health and safety are endangered and the circumstances are serious, order that operations are to be stopped or shut down after reporting for approval to the people's governments with approval authority. For the directly responsible persons, directly responsible managers, and persons in key positions, confiscate income from the unit during the period of the illegal activity, give a fine of between 1 and 10 times that income, and prohibit them from engaging in activities of production or trade in wildlife and the products thereof for life. Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Article 55: 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 56: Where article 33 of this Law is violated by providing display, transaction, or consumer services for the illegal sale, purchase, consumption, or use of wildlife and the products thereof, or of prohibitted hunting tools, the departments for market administration of people's governments at the county level or above are to order that the illegal actions be stoped, order corrections be made in a set period of time, confiscate unlawful gains, and give a fine of between 2 and 10 times their value; where there are no unlawful gains, a fine of between 10,000 and 100,000 RMB is to be given; where the circumstances are serious, confiscate the income of the principle responsible person, directly responsible managers, and persons in key positions from that unit during the period of illegal activity, give a fine of between 1 and 10 times the value of that income, and prohibit them from engaging in transactions or consumer service activities involving wildlife and the products thereof for life. Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Article 57: Where the provisions of Article 37 of this Law are violated by importing or exporting wildlife or the products thereof, customs, 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 58: Where paragraph 1 of article 38 of this Law is violated by providing genetic resources from our country's unique wildlife overseas or 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 andy 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 59: 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 "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 60: Where paragraph 2 of Article 41 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 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 61: Where paragraph 1 of Article 43 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 62: 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.
Departments for the protection of wildlife at the county level or above and other departments with duties to oversee and manage the protection of wildlife may lawfully use methods such as auctions, shelter, and safe disposition to handle confiscated wildlife and its products.
Article 63: 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 64: The provisions of the "Livestock Law of the People's Republic of China" apply to the management of animals listed in the "National Catalogue of Livestock and Poultry Genetic Resources".
Article 65: This Law shall take effect on xx-xx-xxxx.
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