Compiled by the Bureau of Legislative Affairs of the State
Council of the People's Republic of China
The China Legal System Publishing House
Beijing China
1991 * 7
(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)
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 government 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.
Administration 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 an 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 mutandisthe
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 malpractice 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, withing
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 for
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.