野生动物保护法英文版

LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OFWILDLIFE

Important Notice: (

注意事项

)

英文本源自中华人民共和国务院法制局编译

,

中国法制出版社出版的

《中华人民共和国涉外

法规汇编 》

(1991

年

7

月版

).

当发生歧意时

,

应以法律法规颁布单位发布的中文原文为准

.

This English document is coming from the

PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS

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 (

法规全文

)

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 tilization 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