Regulations of the People's Republic of China on the Protection of Aquatic Wild Animals(2013 Revision)

Regulations of the People's Republic of China on the Protection of Aquatic Wild Animals(2013 Revision) Regulations of the People's Republic of China on the Protection of Aquatic Wild Animals (Approved by the State Council on September 17, 1993 and issued by Order No. 1 of the Ministry of Agriculture on October 5, 1993; 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;amended for the second time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on December 7, 2013) Chapter I General Provisions Article 1 In accordance with the provisions of the Law of the People's Republic of China on the Protection of Wild Animals (hereinafter referred to as the “ Law on the Protection of Wild Animals ”), these Regulations are developed. Article 2 For the purpose of these Regulations, aquatic wild animals are rare and endangered aquatic wild animals; and products of aquatic wild animals are any part of aquatic wild animals and their derivatives. Article 3 Fishery administrative departments under the State Council shall take charge of the administration of national aquatic wild animals. A fishery administrative department of a local people's government at or above the county level shall take charge of the administration of aquatic wild animals within its administrative region. The administrative penalty powers of fishery administrative departments as specified in the Law on the Protection of Wild Animals and these Regulations may be exercised by their subordinate fishery supervision and administration institutions. Article 4 People's governments at or above the county level and their competent departments shall encourage and support scientific research entities and teaching entities to carry out scientific research in aquatic wild animals. Article 5 Fishery administrative departments and their subordinate fishery supervision and administration institutions shall be entitled to supervise the implementation of the Law on the Protection of Wild Animals and these Regulations, and the inspected entities and individuals shall cooperate therewith. Chapter II Protection of Aquatic Wild Animals Article 6 Fishery administrative departments under the State Council and fishery administrative departments under people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government shall regularly organize investigation of aquatic wild animal resources and create files of resources, to provide basis for the development of development plans for aquatic wild animal resources, and development of and adjustment to the directories of aquatic wild animals under State and local priority protection. Article 7 Fishery administrative departments shall organize various social forces, take effective measures, maintain and improve the living environment of aquatic wild animals, and protect and propagate aquatic wild animal resources. No entity or individual shall be allowed to damage the waters, places, and living conditions where aquatic wild animals under State priority protection and local priority protection live and breed. Article 8 All entities and individuals shall be entitled to inform the local fishery administrative departments or their subordinate fishery supervision and administration institutions of or file charges against seizure or damage of aquatic wild animal resources. Article 9 Any entity or individual that finds any aquatic wild animal that is wounded, gets stranded, or accidentally enters the harbor or the branch of a river and thus land itself in difficulty, shall report the local fishery administrative department or their subordinate fishery supervision and administration institution in a timely manner, and the said department or institution shall take emergency rescue measures; and may require a nearby entity which is capable of rendering rescue to take emergency rescue measures and report to the fishery administrative department. Aquatic wild animals that have died shall be appropriately handled by fishery administrative departments. Aquatic wild animals accidentally captured shall be released immediately and unconditionally. Article 10 Those who suffer losses resulting from protection of aquatic wild animals under State priority protection and local priority protection may require fishery administrative departments of local people's governments to make compensation. Those who have been verified to need compensation through investigation shall be compensated by local people's governments according to relevant provisions of the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government. Article 11 Fishery administrative departments under the State Council and people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government shall prescribe natural reserves of aquatic wild animals in regions or waters where aquatic wild animals under State priority protection and local priority protection live and breed, and strengthen the protection administration of aquatic wild animals under State and local priority protection and their living environment. Specific measures shall be otherwise prescribed by the State Council. Chapter III Administration of Aquatic Wild Animals Article 12 It is prohibited to capture or murder any aquatic wild animal under State priority protection. Under any of the following circumstances, anyone who indeed needs to capture aquatic wild animals under State priority protection shall apply for a special permit to capture: (1) Where an aquatic wild animal has to be captured for the purpose of scientific exploration and survey of resources. (2) Where the origin of an aquatic wild animal has to be obtained from natural waters or places for the purpose of domestication and breeding of an aquatic wild animal under State priority protection. (3) Where an aquatic wild animal under State priority protection has to be obtained from natural waters or places for the purpose of undertaking scientific research projects above the provincial level or tasks of medicine production of the State. (4) Where an aquatic wild animal under State priority protection has to be obtained from natural waters or places for the purpose of popularization of knowledge about aquatic wild animals or for the purpose of education or exhibition. (5) Where an aquatic wild animal has to be captured under other special circumstances. Article 13 Procedures for applying for a special permit to capture: (1) Where the capture of an aquatic wild animal under first class State protection is necessary, the application shall be made to the fishery administrative department under the State Council for a special permit to capture, and attached with the opinions of the fishery administrative department under the people's government of the province, autonom......