Law of the People's Republic of China on the Protection of Wildlife (2)
| @@ 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 authority 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 authority 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 authority
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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