LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OFWILDLIFE
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OFWILDLIFE
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF
WILDLIFE
(Adopted at the Fourth Meeting of the Standing Committee of the
Seventh National People's Congress and promulgated by Order No. 9 of the
President of the People's Republic of China on November 8, 1988, and
effective as of March 1, 1989)
Contents
Chapter I General Provisions
Chapter II Protection of Wildlife
Chapter III Administration of Wildlife
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated for the purpose of protecting and saving the
species of wildlife which are rare or near extinction, protecting,
developing and rationally utilizing wildlife resources and maintaining
ecological balances.
Article 2
All activities within the territory of the People's Republic of China
concerning the protection, domestication, breeding, development and
utilization of species of wildlife must be conducted in conformity with
this Law.
The wildlife protected under this Law refers to the species of terrestrial
and aquatic wildlife which are rare or near extinction and the species of
terrestrial wildlife which are beneficial or of important economic or
scientific value.
The wildlife referred to in the provisions of this Law means the wildlife
which shall enjoy protection as prescribed in the preceding paragraph.
As regards the protection of the species of aquatic wildlife other than
those which are rare or near extinction, the provisions of the Fisheries
Law shall apply.
Article 3
Wildlife resources shall be owned by the State.
The State shall protect the lawful rights and interests of units and
individuals engaged in the development or utilization of wildlife
resources according to law.
Article 4
The State shall pursue a policy of strengthening the protection of
wildlife resources, actively domesticating and breeding the species of
wildlife, and rationally developing and utilizing wildlife resources, and
encourage scientific research on wildlife.
Units and individuals that have made outstanding achievements in the
protection of wildlife resources, in scientific research on wildlife, or
in the domestication and breeding of wildlife shall be awarded by the
State.
Article 5
Citizens of the People's Republic of China shall have the duty to protect
wildlife resources and the right to inform the authorities of or file
charges against acts of seizure or destruction of wildlife resources.
Article 6
The governments at various levels shall strengthen the administration of
wildlife resources and formulate plans and measures for the protection,
development and rational utilization of wildlife resources.
Article 7
The departments of forestry and fishery administration under the State
Council shall be respectively responsible for the nationwide
administration of terrestrial and aquatic wildlife.
The departments of forestry administration under the governments of
provinces, autonomous regions and municipalities directly under the
Central Government shall be responsible for the administration of
terrestrial wildlife in their respective areas. The departments in charge
of the administration of terrestrial wildlife under the governments of
autonomous prefectures, counties and municipalities shall be designated by
the governments of provinces, autonomous regions or municipalities
directly under the Central Government.
The departments of fishery administration under the local governments at
or above the county level shall be responsible for the administration of
aquatic wildlife in their respective areas.
Chapter II Protection of Wildlife
Article 8
The State shall protect wildlife and the environment for its survival, and
shall prohibit the illegal hunting, catching or destruction of wildlife by
any unit or individual.
Article 9
The State shall give special protection to the species of wildlife which
are rare or near extinction. The wildlife under special state protection
shall consist of two classes: wildlife under first class protection and
wildlife under second class protection. Lists or revised lists of wildlife
under special state protection shall be drawn up by the department of
wildlife administration under the State Council and announced after being
submitted to and approved by the State Council.
The wildlife under special local protection, being different from the
wildlife under special state protection, refers to the wildlife specially
protected by provinces, autonomous regions or municipalities directly
under the Central Government. Lists of wildlife under special local
protection shall be drawn up and announced by the governments of
provinces, autonomous regions or municipalities directly under the Central
Government and shall be submitted to the State Council for the record.
Lists or revised lists of terrestrial wildlife under state protection,
which are beneficial or of important economic or scientific value, shall
be drawn up and announced by the department of wildlife administration
under the State Council.
Article 10
The department of wildlife administration under the State Council and
governments of provinces, autonomous regions and municipalities directly
under the Central Government shall, in the main districts and water areas
where wildlife under special state or local protection lives and breeds,
designate nature reserves and strengthen the protection and administration
of wildlife under special state or local protection and the environment
for its survival.
The designation and administration of nature reserves shall be effected in
accordance with the relevant provisions of the State Council.
Article 11
Departments of wildlife administration at various levels shall keep watch
on and monitor the impact of the environment on wildlife. If the
environmental impact causes harm to wildlife, the departments of wildlife
administration shall conduct investigation and deal with the matter
jointly with the departments concerned.
Article 12
If a construction project produces adverse effects on the environment for
the survival of wildlife under special state or local protection, the
construction unit shall submit a report on the environmental impact. The
department of environmental protection shall, in examining and approving
the report, seek the opinion of the department of wildlife administration
at the same level.
Article 13
If natural disasters present threats to wildlife under special state or
local protection, the local governments shall take timely measures to
rescue them.
Article 14
If the protection of wildlife under special state or local protection
causes losses to crops or other losses, the local governments shall make
compensation for them. Measures for such compensation shall be formulated
by the governments of provinces, autonomous regions and municipalities
directly under the Central Government.
Chapter III Administration of Wildlife
Article 15
The departments of wildlife administration shall regularly carry out
surveys of wildlife resources and keep records of them.
Article 16
The hunting, catching or killing of wildlife under special state
protection shall be prohibited. Where the catching or fishing of wildlife
under first class state protection is necessary for scientific research,
domestication and breeding, exhibition or other special purposes, the unit
concerned must apply to the department of wildlife administration under
the State Council for a special hunting and catching license; where the
catching or hunting of wildlife under second class state protection is
intended, the unit concerned must apply to the relevant department of
wildlife administration under the government of a province, an autonomous
region or a municipality directly under the Central Government for a
special hunting and catching license.
Article 17
The State shall encourage the domestication and breeding of wildlife.
Anyone who intends to domesticate and breed wildlife under special state
protection shall obtain a license. Administrative measures for such
licenses shall be formulated by the department of wildlife administration
under the State Council.
Article 18
Anyone who intends to hunt or catch wildlife that is not under special
state protection must obtain a hunting license and observe the hunting
quota assigned. Anyone who intends to hunt with a gun must obtain a gun
license from the public security organ of the county or municipality
concerned.
Article 19
Anyone engaged in the hunting or catching of wildlife shall observe the
prescriptions in his special hunting and catching license or his hunting
license with respect to the species, quantity, area and time limit.
Article 20
In nature reserves and areas closed to hunting, and during seasons closed
to hunting, the hunting and catching of wildlife and other activities
which are harmful to the living and breeding of wildlife shall be
prohibited.
The areas and seasons closed to hunting as well as the prohibited hunting
gear and methods shall be specified by governments at or above the county
level or by the departments of wildlife administration under them.
Article 21
The hunting or catching of wildlife by the use of military weapons, poison
or explosives shall be prohibited.
Measures for the control of the production, sale and use of hunting rifles
and bullets shall be formulated by the department of forestry
administration under the State Council jointly with the public security
department, and shall enter into force after being submitted to and
approved by the State Council.
Article 22
The sale and purchase of wildlife under special state protection or the
products thereof shall be prohibited. Where the sale, purchase or
utilization of wildlife under first class state protection or the products
thereof is necessary for scientific research, domestication and breeding,
exhibition or other special purposes, the unit concerned must apply for
approval by the department of wildlife administration under the State
Council or by a unit authorized by the same department. Where the sale,
purchase or utilization of wildlife under second class state protection or
the products thereof is necessary, the unit concerned must apply for
approval by the department of wildlife administration under the government
of the relevant province, autonomous region or municipality directly under
the Central Government or by a unit authorized by the same department.
Units and individuals that domesticate and breed wildlife under special
state protection may, by presenting their domestication and breeding
licenses, sell wildlife under special state protection or the products
thereof, in accordance with the relevant regulations, to purchasing units
designated by the government.
The administrative authorities for industry and commerce shall exercise
supervision and control over wildlife or the products thereof that are
placed on the market.
Article 23
The transportation or carrying of wildlife under special state protection
or the products thereof out of any county must be approved by the
department of wildlife administration under the government of the relevant
province, autonomous region or municipality directly under the Central
Government, or by a unit authorized by the same department.
Article 24
The export of wildlife under special state protection or the products
thereof, and the import or export of wildlife or the products thereof,
whose import or export is restricted by international conventions to which
China is a party, must be approved by the department of wildlife
administration under the State Council or by the State Council, and an
import or export permit must be obtained from the state administrative
organ in charge of the import and export of the species which are near
extinction. The Customs shall clear the imports or exports after examining
the import or export permit. The export of the species of wildlife
involving scientific and technological secrets shall be dealt with in
accordance with relevant provisions of the State Council.
Article 25
The forgery, sale or resale or transfer of special hunting and catching
licenses, hunting licenses, domestication and breeding licenses, and
import and export permits shall be prohibited.
Article 26
Where any foreigner intends, in the territory of China, to make surveys of
or to film or videotape wildlife under special state protection in the
field, he must apply for approval by the department of wildlife
administration under the State Council or by a unit authorized by the same
department.
The establishment of hunting grounds open to foreigners must be approved
by the department of wildlife administration under the State Council.
Article 27
Anyone engaged in the utilization of wildlife or the products thereof
shall pay a fee for the protection and administration of wildlife
resources. The schedule of the fee and the procedure for collecting, it
shall be formulated by the department of wildlife administration under the
State Council jointly with the financial and pricing authorities and shall
enter into force after being submitted to and approved by the State
Council.
Article 28
Anyone who has caused losses to crops or other losses while hunting or
catching wildlife shall be held responsible for compensation.
Article 29
The local governments concerned shall take measures to prevent and control
the harm caused by wildlife so as to guarantee the safety of human beings
and livestock and ensure agricultural and forestry production.
Article 30
The administrative measures for wildlife under special local protection
and for other wildlife that is not under special state protection shall be
formulated by the standing committees of the people's congresses of
provinces, autonomous regions and municipalities directly under the
Central Government.
Chapter IV Legal Responsibility
Article 31
Anyone who illegally catches or kills wildlife under special state
protection shall be prosecuted for criminal responsibility in accordance
with the supplementary provisions on punishing the crimes of catching or
killing the species of wildlife under special state protection which are
rare or near extinction.
Article 32
If anyone, in violation of the provisions of this Law, hunts or catches
wildlife in an area or during a season closed to hunting or uses
prohibited hunting gear or methods for the purpose, his catch, hunting
gear and unlawful income shall be confiscated and he shall be fined by the
department of wildlife administration; if the circumstances are serious
enough to constitute a crime, he shall be prosecuted for criminal
responsibility in accordance with the provisions of Article 130 of the
Criminal Law.
Article 33
If anyone, in violation of the provisions of this Law, hunts or catches
wildlife without a hunting license or in violation of the prescriptions of
the hunting license, his catch and unlawful income shall be confiscated
and he shall be fined by the department of wildlife administration and, in
addition, his hunting gear may be confiscated and his hunting license
revoked.
If anyone, in violation of the provisions of this Law, hunts wildlife with
a hunting rifle without a license for the rifle, he shall be punished by a
public security organ by applying mutatis mutandis the provisions of the
Regulations on Administrative Penalties for Public Security.
Article 34
If anyone, in violation of the provisions of this Law, destroys in nature
reserves or areas closed to hunting the main places where wildlife under
special state or local protection lives and breeds, he shall be ordered by
the department of wildlife administration to stop his destructive acts and
restore these places to their original state within a prescribed time
limit, and shall be fined.
Article 35
If anyone, in violation of the provisions of this Law, sells, purchases,
transports or carries wildlife under special state or local protection or
the products thereof, such wildlife and products and his unlawful income
shall be confiscated by the administrative authorities for industry and
commerce and he may concurrently be fined. If anyone, in violation of the
provisions of this Law, sells or purchases wildlife under special state
protection or the products thereof, and if the circumstances are serious
enough to constitute a crime of speculation or smuggling, he shall be
prosecuted for criminal responsibility according to the relevant
provisions of the Criminal Law. The wildlife or the products thereof thus
confiscated shall, in accordance with the relevant provisions, be disposed
of by the relevant department of wildlife administration or by a unit
authorized by the same department.
Article 36
If anyone illegally imports or exports wildlife or the products thereof,
he shall be punished by the Customs according to the Customs Law; if the
circumstances are serious enough to constitute a crime, he shall be
prosecuted for criminal responsibility in accordance with the provisions
of the Criminal Law on the crimes of smuggling.
Article 37
If anyone forges, sells or resells or transfers a special hunting and
catching license, a hunting license, a domestication and breeding license,
or an import or export permit, his license or permit shall be revoked and
his unlawful income shall be confiscated and he may concurrently be fined
by the relevant department of wildlife administration or the
administrative authorities for industry and commerce.
If anyone who forges or sells or resells a special hunting and catching
license or an import or export permit, and if the circumstances are
serious enough to constitute a crime, he shall be prosecuted for criminal
responsibility by applying mutatis mutandis the provisions of Article 167
of the Criminal Law.
Article 38
Any staff member of a department of wildlife administration who neglects
his duty, abuses his power or engages in malpractices for personal gains
shall be subject to administrative sanctions by the department to which he
belongs or by the competent authority at a higher level; if the
circumstances are serious enough to constitute a crime, he shall be
prosecuted for criminal responsibility according to law.
Article 39
Any party who is dissatisfied with the decision on an administrative
sanction may, within 15 days of receiving the notification on the
sanction, make a request for reconsideration to the authority at the level
next higher to the one that made the decision on the sanction; if he is
dissatisfied with the decision on reconsideration made by the authority at
the next higher level, he may, within 15 days of receiving the
notification on the decision on reconsideration, institute legal
proceedings in the court. The party may also directly institute legal
proceedings in the court within 15 days of receiving the notification on
the sanction. If the party neither makes a request for reconsideration,
nor institutes legal proceedings in the court, nor complies with the
decision on the sanction, the authority that made the decision on the
sanction shall request the court to effect a compulsory execution of the
decision.
If the party is dissatisfied with a Customs penalty or a penalty for
violation of public security, the matter shall be dealt with in accordance
with the provisions of the Customs Law or the Regulations on
Administrative Penalties for Public Security.
Chapter V Supplementary Provisions
Article 40
If any international treaty concerning the protection of wildlife,
concluded or acceded to by the People's Republic of China, contains
provisions differing from those of this Law, the provisions of the
international treaty shall apply, unless the provisions are ones on which
the People's Republic of China has made reservations.
Article 41
The department of wildlife administration under the State Council shall,
in accordance with this Law, formulate regulations for its implementation
which shall go into effect after being submitted to and approved by the
State Council.
The standing committees of the people's congresses of provinces,
autonomous regions and municipalities directly under the Central
Government may, in accordance with this Law, formulate measures for its
implementation.
Article 42
This Law shall come into force as of March 1, 1989.
lization of wildlife under first class state protection or the products
thereof is necessary for scientific research, domestication and breeding,
exhibition or other special purposes, the unit concerned must apply for
approval by the department of wildlife administration under the State
Council or by a unit authorized by the same department. Where the sale,
purchase or utilization of wildlife under second class state protection or
the products thereof is necessary, the unit concerned must apply for
approval by the department of wildlife administration under the government
of the relevant province, autonomous region or municipality directly under
the Central Government or by a unit authorized by the same department.
Units and individuals that domesticate and breed wildlife under special
state protection may, by presenting their domestication and breeding
licenses, sell wildlife under special state protection or the products
thereof, in accordance with the relevant regulations, to purchasing units
designated by the government.
The administrative authorities for industry and commerce shall exercise
supervision and control over wildlife or the products thereof that are
placed on the market.
Article 23
The transportation or carrying of wildlife under special state protection
or the products thereof out of any county must be approved by the
department of wildlife administration under the government of the relevant
province, autonomous region or municipality directly under the Central
Government, or by a unit authorized by the same department.
Article 24
The export of wildlife under special state protection or the products
thereof, and the import or export of wildlife or the products thereof,
whose import or export is restricted by international conventions to which
China is a party, must be approved by the department of wildlife
administration under the State Council or by the State Council, and an
import or export permit must be obtained from the state administrative
organ in charge of the import and export of the species which are near
extinction. The Customs shall clear the imports or exports after examining
the import or export permit. The export of the species of wildlife
involving scientific and technological secrets shall be dealt with in
accordance with relevant provisions of the State Council.
Article 25
The forgery, sale or resale or transfer of special hunting and catching
licenses, hunting licenses, domestication and breeding licenses, and
import and export permits shall be prohibited.
Article 26
Where any foreigner intends, in the territory of China, to make surveys of
or to film or videotape wildlife under special state protection in the
field, he must apply for approval by the department of wildlife
administration under the State Council or by a unit authorized by the same
department.
The establishment of hunting grounds open to foreigners must be approved
by the department of wildlife administration under the State Council.
Article 27
Anyone engaged in the utilization of wildlife or the products thereof
shall pay a fee for the protection and administration of wildlife
resources. The schedule of the fee and the procedure for collecting, it
shall be formulated by the department of wildlife administration under the
State Council jointly with the financial and pricing authorities and shall
enter into force after being submitted to and approved by the State
Council.
Article 28
Anyone who has caused losses to crops or other losses while hunting or
catching wildlife shall be held responsible for compensation.
Article 29
The local governments concerned shall take measures to prevent and control
the harm caused by wildlife so as to guarantee the safety of human beings
and livestock and ensure agricultural and forestry production.
Article 30
The administrative measures for wildlife under special local protection
and for other wildlife that is not under special state protection shall be
formulated by the standing committees of the people's congresses of
provinces, autonomous regions and municipalities directly under the
Central Government.
Chapter IV Legal Responsibility
Article 31
Anyone who illegally catches or kills wildlife under special state
protection shall be prosecuted for criminal responsibility in accordance
with the supplementary provisions on punishing the crimes of catching or
killing the species of wildlife under special state protection which are
rare or near extinction.
Article 32
If anyone, in violation of the provisions of this Law, hunts or catches
wildlife in an area or during a season closed to hunting or uses
prohibited hunting gear or methods for the purpose, his catch, hunting
gear and unlawful income shall be confiscated and he shall be fined by the
department of wildlife administration; if the circumstances are serious
enough to constitute a crime, he shall be prosecuted for criminal
responsibility in accordance with the provisions of Article 130 of the
Criminal Law.
Article 33
If anyone, in violation of the provisions of this Law, hunts or catches
wildlife without a hunting license or in violation of the prescriptions of
the hunting license, his catch and unlawful income shall be confiscated
and he shall be fined by the department of wildlife administration and, in
addition, his hunting gear may be confiscated and his hunting license
revoked.
If anyone, in violation of the provisions of this Law, hunts wildlife with
a hunting rifle without a license for the rifle, he shall be punished by a
public security organ by applying mutatis mutandis the provisions of the
Regulations on Administrative Penalties for Public Security.
Article 34
If anyone, in violation of the provisions of this Law, destroys in nature
reserves or areas closed to hunting the main places where wildlife under
special state or local protection lives and breeds, he shall be ordered by
the department of wildlife administration to stop his destructive acts and
restore these places to their original state within a prescribed time
limit, and shall be fined.
Article 35
If anyone, in violation of the provisions of this Law, sells, purchases,
transports or carries wildlife under special state or local protection or
the products thereof, such wildlife and products and his unlawful income
shall be confiscated by the administrative authorities for industry and
commerce and he may concurrently be fined. If anyone, in violation of the
provisions of this Law, sells or purchases wildlife under special state
protection or the products thereof, and if the circumstances are serious
enough to constitute a crime of speculation or smuggling, he shall be
prosecuted for criminal responsibility according to the relevant
provisions of the Criminal Law. The wildlife or the products thereof thus
confiscated shall, in accordance with the relevant provisions, be disposed
of by the relevant department of wildlife administration or by a unit
authorized by the same department.
Article 36
If anyone illegally imports or exports wildlife or the products thereof,
he shall be punished by the Customs according to the Customs Law; if the
circumstances are serious enough to constitute a crime, he shall be
prosecuted for criminal responsibility in accordance with the provisions
of the Criminal Law on the crimes of smuggling.
Article 37
If anyone forges, sells or resells or transfers a special hunting and
catching license, a hunting license, a domestication and breeding license,
or an import or export permit, his license or permit shall be revoked and
his unlawful income shall be confiscated and he may concurrently be fined
by the relevant department of wildlife administration or the
administrative authorities for industry and commerce.
If anyone who forges or sells or resells a special hunting and catching
license or an import or export permit, and if the circumstances are
serious enough to constitute a crime, he shall be prosecuted for criminal
responsibility by applying mutatis mutandis the provisions of Article 167
of the Criminal Law.
Article 38
Any staff member of a department of wildlife administration who neglects
his duty, abuses his power or engages in malpractices for personal gains
shall be subject to administrative sanctions by the department to which he
belongs or by the competent authority at a higher level; if the
circumstances are serious enough to constitute a crime, he shall be
prosecuted for criminal responsibility according to law.
Article 39
Any party who is dissatisfied with the decision on an administrative
sanction may, within 15 days of receiving the notification on the
sanction, make a request for reconsideration to the authority at the level
next higher to the one that made the decision on the sanction; if he is
dissatisfied with the decision on reconsideration made by the authority at
the next higher level, he may, within 15 days of receiving the
notification on the decision on reconsideration, institute legal
proceedings in the court. The party may also directly institute legal
proceedings in the court within 15 days of receiving the notification on
the sanction. If the party neither makes a request for reconsideration,
nor institutes legal proceedings in the court, nor complies with the
decision on the sanction, the authority that made the decision on the
sanction shall request the court to effect a compulsory execution of the
decision.
If the party is dissatisfied with a Customs penalty or a penalty for
violation of public security, the matter shall be dealt with in accordance
with the provisions of the Customs Law or the Regulations on
Administrative Penalties for Public Security.
Chapter V Supplementary Provisions
Article 40
If any international treaty concerning the protection of wildlife,
concluded or acceded to by the People's Republic of China, contains
provisions differing from those of this Law, the provisions of the
international treaty shall apply, unless the provisions are ones on which
the People's Republic of China has made reservations.
Article 41
The department of wildlife administration under the State Council shall,
in accordance with this Law, formulate regulations for its implementation
which shall go into effect after being submitted to and approved by the
State Council.
The standing committees of the people's congresses of provinces,
autonomous regions and municipalities directly under the Central
Government may, in accordance with this Law, formulate measures for its
implementation.
Article 42
This Law shall come into force as of March 1, 1989.
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