Regulation of the People's Republic of China on the Protection of Terrestrial Wild Animals (2016 Revision)

Regulation of the Peoples' Republic of China on the Protection of Terrestrial Wild Animals (2016 Revision) Regulation of the Peoples' Republic of China on the Protection of Terrestrial Wild Animals (Approved by the State Council on February 12, 1992; promulgated by the Ministry of Forestry on March 1, 1992; revised for the first time in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on January 8, 2011; and revised for the second time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016) Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the provisions of the Law of the People's Republic of China on the Protection of Wildlife (hereinafter referred to as the Law on Protection of Wildlife ). Article 2 The term "terrestrial wildlife" (hereinafter referred to as the wildlife) mentioned in these Regulations refers to the species of terrestrial wildlife which are precious or being endangered and the species which are beneficial or of important economic and scientific research value; whereas the "products of wildlife" refers to any part of wildlife and their derivatives. Article 3 The competent department of forestry administration under the State Council shall be responsible for the nationwide administration of terrestrial wildlife. The competent departments of forestry administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of the terrestrial wildlife in their respective administrative areas. The competent departments of the administration of terrestrial wildlife under the people's governments of the autonomous prefectures, counties and cities shall be designated by the people's governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government. Article 4 The relevant governmental authorities at or above the county level shall encourage and support to undertake scientific research on wildlife by the relevant research or teaching units. Article 5 The competent department of wildlife administration shall have the right to supervise and inspect the implementation of the Law on the Protection of Wildlife and these Regulations, whereas all units and individuals inspected shall have the obligation to be prepared for such inspection. Chapter II Protection of Wildlife Article 6 Local people's governments at or above the country level shall develop public education for the protection of wildlife, and may fix and appropriate time as the "Month for Protection of Wildlife" or the "Bird- loving Week," etc, in order to enhance the public consciousness of the protection of wildlife. Article 7 The competent department of forestry administration under the State Council and the competent departments of forestry administration under the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government shall regularly carry out surveys of wildlife resources and keep records of them so as to provide the basis for the planning of the protection and development of wildlife resources and the preparation of the list or revised list of wildlife species under special protection by the State or local authorities. General surveys of the wildlife resources shall be conducted once every ten years. Article 8 The competent departments of wildlife administration of the people's governments at or above the county level shall bring coordinate all possible social forces and adopt biological engineering and technical engineering measures to maintain and improve the living environment of wildlife, to protect and develop wildlife resources. Any damage to the living and breeding areas or the living conditions of wildlife under special protection by the State or local authorities by any unit or individual shall be prohibited. Article 9 If any injured, sick, hungery, straitened or lost wildlife under special protection by the State or local authorities is found by any unit or individual, same should be promptly reported to the local department of wildlife administration, and the local department of wildlife administration shall take timely measures to rescue. Alternately, such wildlife can be sent to the nearby unit which is capable of rendering rescue thereto. The salvaging unit shall immediately report the case to the competent department of the wildlife administration thereof, and the matter shall be dealt with in accordance with the provisions of the competent department of forestry administration under the State Council. Article 10 All units or individuals shall have an obligation to take precautionary measures against any danger potential threatening wildlife under special protection by the State or local authorities. If the protection of wildlife under special protection by the State or local authorities causes losses, compensation may be claimed to the department of wildlife administration under the local people's government. If after investigation, it has been proved that the loss has actually happened and the compensation is necessary, such compensation shall be made by the local people's government in accordance with the relevant provisions of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. Chapter III Administration of Hunting and Catching of Wildlife Article 11 The hunting, catching or killing of wildlife under special protection by the State shall be prohibited. If, under any of the following cases, the hunting and catching of wildlife under special protection by the State is necessary, the organization concerned must apply for a special hunting and catching license: (1) Where the wildlife has to be hunted and caught for the purpose of scientific exploration and survey of resources; (2) Where the origin of the wildlife has to be obtained from nature for the purpose of domestication and breeding thereof under special protection by the State; (3) Where the wildlife under special protection by the State has to be obtained from nature for the purpose of undertaking scientific research above the provincial level or the production of medicine by the State; (4) Where the wildlife under special protection by the State has to be obtained from nature for the purpose of popularization of knowledge about wildlife or for the purpose of education or exhibition; (5) Where the wildlife under special protection by the State has to be obtained from nature for the purpose of the requirement of State affairs; (6) Where, on the basis of sound judgement, the wildlife has to be hunted or caught for the purpose of adjusting or controlling the population or structure of wildlife under special protection by the State; (7) Where the wildlife under special protection by the State has to be caught or hunted for other special reasons. Article 12 The procedures for the application for special license for hunting or catching wildlife are as follows: (1) Where the catching of wildlife under first class State protection is necessary, the application must be made to the competent department of forestry administration under the State Council for a special hunting or catching license, and attached with the views of the competent department of forestry administration under the people's government of the province, autonomous region or municipality directly under the Central Government where the applicant's place of residence is located and where the catching is to be carried out; (2) Where the catching of wildlife under second class State protection is to be carried out in the applicant's own province, autonomous region or municipality directly under the Central Government, the applicant must apply to the competent department of forestry administration under the people's government of the province, autonomous region or municipality directly under the Central Government for a special hunting or catching license, and attached with the views of the competent department of wildlife administration under the people's government at or above the county level, where the applicant's residence is located, (3) Where the catching of wildlife under second class State protection is to be carried out across the borders of different provinces, autonomous regions or municipalities directly under the Central Government, the applicant must apply to the competent departments of forestry administration under the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government where the catching is to be carried out for a special hunting or catching license, the application shall be attached with the views of the competent department of forestry administration under the people's government of the province, autonomous region or municipality directly under the Central Government where the applicant's residence is located. Any zoo applying for the catching of the wildlife under first class State protection shall have the application examined and approved by the competent department of construction administration under the State Council before it is submitted to the competent department of forestry administration under the State Council for a special hunting or catching license. Where the catching of wildlife under second class State protection is to be carried out, the application shall be examined and approved by the competent department of construction administration under the government at the ......