(Authorized to Issue) People’s Republic of China (PRC) Wildlife Protection Law
Xinhua News Agency, Beijing, December 30th
People’s Republic of China (PRC) wildlife protection law
(On November 8, 1988, the Fourth Session of the Seventh the NPC Standing Committee passed the first amendment according to the Decision on Amending the Law on the Protection of Wild Animals in People’s Republic of China (PRC) of the Eleventh Session of the Tenth the NPC Standing Committee on August 28, 2004, and the second amendment according to the Decision on Amending Some Laws of the Tenth Session of the Eleventh the NPC Standing Committee on August 27, 2009. On July 2, 2016, the 21st meeting of the 12th the NPC Standing Committee was revised for the first time, and it was revised for the third time according to the Decision of the 6th meeting of the 13th the NPC Standing Committee on October 26, 2018 on Amending the Wildlife Protection Law of People’s Republic of China (PRC) and other 15 laws, and revised for the second time at the 38th meeting of the 13th the NPC Standing Committee on December 30, 2022).
catalogue
Chapter I General Provisions
Chapter II Protection of Wild Animals and Their Habitat
Chapter III Wildlife Management
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of protecting wild animals, saving rare and endangered wild animals, maintaining biodiversity and ecological balance, promoting the construction of ecological civilization and promoting the harmonious coexistence between man and nature.
Article 2 This Law shall apply to wildlife protection and related activities in the territory of People’s Republic of China (PRC) and other sea areas under its jurisdiction.
Wild animals protected by this Law refer to precious and endangered terrestrial and aquatic wild animals and terrestrial wild animals with important ecological, scientific and social values.
Wild animals and their products as mentioned in this Law refer to the whole (including eggs), parts and derivatives of wild animals.
The protection of aquatic wild animals other than rare and endangered aquatic wild animals shall be governed by the provisions of the Fisheries Law of People’s Republic of China (PRC) and other relevant laws.
Article 3 Wild animal resources belong to the state.
The state protects the legitimate rights and interests of organizations and individuals engaged in wildlife scientific research, artificial breeding and other protection and related activities according to law.
Article 4 The State strengthens the protection and restoration of important ecosystems, implements the principles of giving priority to the protection of wildlife, regulating its utilization and strictly supervising it, encourages and supports the scientific research and application of wildlife, upholds the concept of ecological civilization and promotes green development.
Article 5 The State protects wild animals and their habitats. The people’s governments at or above the county level shall formulate plans and measures for the protection of wild animals and their habitats, and include the funds for wildlife protection in the budget.
The state encourages citizens, legal persons and other organizations to participate in wildlife protection activities and support wildlife protection public welfare undertakings through donation, funding and voluntary service according to law.
The wildlife habitat as stipulated in this Law refers to an important area where wild animal populations live and multiply.
Article 6 Any organization or individual has the obligation to protect wild animals and their habitats. It is forbidden to hunt, transport and trade wild animals illegally, and it is forbidden to destroy wildlife habitats.
The public should enhance their awareness of protecting wild animals and maintaining public health and safety, prevent the spread of infectious diseases caused by wild animals, resist illegal consumption of wild animals, and develop a civilized and healthy lifestyle.
Any organization or individual has the right to report violations of this law, and the wildlife protection department of the people’s government at or above the county level and other relevant departments shall promptly deal with them according to law.
Article 7 The competent departments of forestry, grassland and fishery in the State Council are respectively in charge of the protection of terrestrial and aquatic wildlife in China.
The local people’s governments at or above the county level shall be responsible for the protection of wildlife within their respective administrative areas, and their forestry, grassland and fishery departments shall be in charge of the protection of inland wild animals and aquatic animals within their respective administrative areas.
The relevant departments of the people’s governments at or above the county level shall be responsible for wildlife protection in accordance with the division of responsibilities.
Article 8 People’s governments at all levels shall strengthen the publicity and education of wildlife protection and the popularization of scientific knowledge, and encourage and support grassroots mass autonomous organizations, social organizations, enterprises and institutions and volunteers to carry out publicity activities on wildlife protection laws and regulations, ecological protection and other knowledge; Organize and carry out training on laws, regulations and professional knowledge of relevant employees; Publicize wildlife protection and management information according to law.
Education administrative departments and schools shall educate students about wildlife protection.
The news media shall publicize wildlife protection laws and regulations and protection knowledge, and supervise illegal activities by public opinion according to law.
Ninth organizations and individuals that have made outstanding achievements in wildlife protection and scientific research shall be commended and rewarded by the people’s governments at or above the county level in accordance with the relevant provisions of the state.
Chapter II Protection of Wild Animals and Their Habitat
Article 10 The State protects wild animals by classification and classification.
The state gives priority to the protection of rare and endangered wild animals. Wild animals under special state protection are divided into first-class protected wild animals and second-class protected wild animals. The list of national key protected wild animals shall be submitted to the State Council for approval and promulgation after scientific demonstration and evaluation by the competent department of wildlife protection in the State Council.
A list of terrestrial wild animals with important ecological, scientific and social values shall be formulated and published by the competent department of wildlife protection in the State Council after consulting the departments of agriculture, rural areas, natural resources, science and technology, ecological environment and health in the State Council.
Wild animals under special local protection refer to wild animals under special protection by provinces, autonomous regions and municipalities directly under the Central Government, in addition to those under special national protection. The list of local key protected wild animals shall be formulated and published by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government after scientific demonstration and evaluation and consultation with the competent department of wildlife protection in the State Council.
The list specified in this article shall be scientifically demonstrated and evaluated every five years, and adjusted according to the demonstration and evaluation, or adjusted in time according to the actual needs of wildlife protection.
Eleventh people’s governments at or above the county level shall strengthen the application of information technology, regularly organize or entrust relevant scientific research institutions to investigate, monitor and evaluate the status of wild animals and their habitats, and establish and improve the archives of wild animals and their habitats.
The investigation, monitoring and evaluation of wild animals and their habitats shall include the following contents:
(1) Wild animal distribution area, population number and structure;
(two) the area and ecological status of wildlife habitat;
(three) the main threat factors of wild animals and their habitats;
(four) other contents that need to be investigated, monitored and evaluated, such as the artificial breeding of wild animals.
Twelfth the State Council wildlife protection departments shall, in conjunction with the relevant departments of the State Council, determine and publish the list of important habitats of wild animals according to the results of investigation, monitoring and evaluation of wild animals and their habitats.
People’s governments at or above the provincial level shall, in accordance with the law, delimit the important habitats of wild animals into national parks, nature reserves and other nature reserves to protect, restore and improve the living environment of wild animals. People’s governments at or above the county level may take measures such as delineating hunting (fishing) areas and stipulating hunting (fishing) periods to protect those who do not have the conditions for delineating nature reserves.
It is forbidden or restricted to introduce alien species, create a single pure forest, and excessively spray pesticides in nature reserves to interfere with and threaten the survival and reproduction of wild animals.
Nature reserves shall be demarcated and managed in accordance with the provisions of relevant laws and regulations, and the competent department of wildlife protection shall strengthen the protection of wild animals and their habitats according to law.
Article 13 The people’s governments at or above the county level and their relevant departments shall fully consider the needs of wildlife and its habitat protection when formulating relevant development and utilization plans, analyze, predict and evaluate the overall impact that the implementation of the plan may have on wildlife and its habitat protection, and avoid or reduce the possible adverse consequences caused by the implementation of the plan.
It is forbidden to build projects that are prohibited by laws and regulations in nature reserves. The site selection and route selection of airport, railway, highway, waterway, water conservancy and hydropower, wind power, photovoltaic power generation, cofferdam, reclamation and other construction projects shall avoid nature reserves and other important habitats of wild animals and migration channels; If it is really impossible to avoid it, measures such as building wildlife passages and fish crossing facilities should be taken to eliminate or reduce the adverse effects on wildlife.
Construction projects may have an impact on nature reserves and other important habitats of wild animals, migration and migration routes. When examining and approving environmental impact assessment documents, the department in charge of examination and approval of environmental impact assessment documents involves wildlife under special state protection, it shall solicit the opinions of the competent department of wildlife protection in the State Council; Where wildlife under special local protection is involved, the opinions of the wildlife protection departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall be sought.
Fourteenth departments in charge of wildlife protection at all levels should monitor the impact of the environment on wildlife, and when they find that the environmental impact has caused harm to wildlife, they should investigate and deal with it in a timely manner in conjunction with relevant departments.
Article 15 When wildlife under special state protection and terrestrial wildlife with important ecological, scientific and social values or wildlife under special local protection are threatened by natural disasters, major environmental pollution accidents and other emergencies, the local people’s government shall take emergency rescue measures in time.
The state strengthens the capacity building of wildlife shelter and rescue. The competent department of wildlife protection of the people’s governments at or above the county level shall, in accordance with the relevant provisions of the state, organize and carry out wildlife shelter and rescue work, and strengthen the norms and guidance for social organizations to carry out wildlife shelter and rescue work.
Shelter and rescue institutions shall, according to the actual needs of wildlife shelter and rescue, establish shelter and rescue places, equipped with corresponding professional and technical personnel, rescue tools, equipment and medicines.
It is forbidden to buy and sell wild animals and their products in the name of wildlife shelter and rescue.
Article 16 The provisions of the Law of People’s Republic of China (PRC) on Animal Epidemic Prevention and other relevant laws and regulations shall apply to the monitoring and quarantine of wild animal epidemics and the prevention and management of animal infectious diseases related to zoonotic diseases.
Article 17 The State strengthens the protection of the genetic resources of wild animals and implements rescue protection for endangered wild animals.
The department in charge of wildlife protection in the State Council shall, jointly with the relevant departments in the State Council, formulate plans for the protection and utilization of wildlife genetic resources, establish a national gene bank of wildlife genetic resources, and focus on the protection of rare and endangered wildlife genetic resources originating in China.
Article 18 The local people’s governments concerned shall, according to the actual situation and needs, build isolation and protection facilities and set up safety warning signs to prevent the possible harm caused by wild animals.
According to the investigation, monitoring and evaluation of wild animals and their habitats, the wildlife protection department of the people’s government at or above the county level can take ex situ conservation, hunting and other population control measures to ensure personal and property safety, ecological safety and agricultural production for species whose population obviously exceeds the environmental capacity. Wild animals hunted by population control shall be treated and comprehensively utilized in accordance with relevant state regulations. Specific measures for population control shall be formulated by the competent department of wildlife protection in the State Council in conjunction with relevant departments in the State Council.
Article 19 The local people’s government shall compensate for casualties, losses of crops or other property caused by the protection of wild animals protected by this Law. Specific measures shall be formulated by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government. The relevant local people’s governments may promote insurance institutions to carry out compensation insurance business for wildlife damage.
The measures taken by the local people’s governments concerned to prevent and control the harm caused by wildlife under special state protection and other seriously endangered terrestrial wildlife, as well as the funds needed for compensation, shall be subsidized by the central finance. The specific measures shall be formulated by the finance department of the State Council in conjunction with the wildlife protection department of the State Council.
In an emergency situation where wild animals endanger personal safety, those who take measures to cause damage to wild animals shall not bear legal responsibility according to law.
Chapter III Wildlife Management
Twentieth in nature reserves and hunting (fishing) areas, hunting (fishing) period, hunting and other activities that hinder the survival and reproduction of wild animals are prohibited, except as otherwise provided by laws and regulations.
During the migration and migration of wild animals, hunting and other activities that hinder the survival and reproduction of wild animals are prohibited and strictly restricted in the migration and migration channels outside the areas specified in the preceding paragraph. The people’s governments at or above the county level or their wildlife protection departments shall stipulate and publish the scope of migration routes and the contents that hinder the survival and reproduction of wild animals.
Article 21 Hunting and killing of wildlife under special state protection is prohibited.
Because of scientific research, population control, epidemic monitoring or other special circumstances, it is necessary to hunt wild animals under national first-class protection, and it shall apply to the competent department of wildlife protection in the State Council for a special hunting and catching license; Anyone who needs to hunt wild animals under second-class state protection shall apply to the wildlife protection department of the people’s government of a province, autonomous region or municipality directly under the Central Government for a special hunting and catching license.
Article 22 Anyone who hunts and hunts terrestrial wild animals with important ecological, scientific and social values and wildlife under special local protection shall obtain the hunting license issued by the wildlife protection department of the local people’s government at or above the county level according to law, and be subject to the management of hunting and catching quota.
Article 23 Hunters shall hunt in strict accordance with the special hunting and catching license and the species, quantity or quota, place, tools, methods and time limit stipulated by hunting license. After the hunting operation is completed, the hunting situation shall be filed with the wildlife protection department in hunting license that issued the special hunting and catching license. The specific measures shall be formulated by the competent department of wildlife protection in the State Council. Hunting wild animals under special state protection shall be undertaken by professional institutions and personnel; Hunting and catching terrestrial wild animals with important ecological, scientific and social values can be organized by professional institutions where conditions permit.
Anyone who hunts with a gun shall obtain a gun license issued by the public security organ according to law.
Article 24 It is forbidden to use poisons, explosives, electric shock or electronic trapping devices, hunting sets, hunting clips, bird nets, ground guns, shovels and other tools for hunting, and it is forbidden to use night lighting hunting, annihilation hunting, destroying nests, fire attack, smoking, net catching and other methods for hunting, except for net catching, electronic trapping and plant protection operations that are really necessary for species protection and scientific research.
Hunting tools and methods prohibited other than those specified in the preceding paragraph shall be stipulated and promulgated by local people’s governments at or above the county level.
Twenty-fifth artificial breeding of wild animals to implement classified management, strict protection and scientific utilization of wild animal resources. The state supports relevant scientific research institutions to artificially breed wildlife under special state protection for the purpose of species protection.
Artificial breeding of wildlife under special state protection shall be subject to a licensing system. Artificial breeding of wildlife under special state protection shall be approved by the wildlife protection departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, and an artificial breeding license shall be obtained, except as otherwise provided by the State Council for the approval authorities.
Artificial breeding of terrestrial wild animals with important ecological, scientific and social values shall be filed with the wildlife protection department of the people’s government at the county level.
Artificial breeding of wild animals should use artificial breeding progeny provenance, establish species pedigree, breeding files and individual data. If it is really necessary to adopt wild provenance for the purpose of species protection, the provisions of this law on hunting and catching wild animals shall be observed.
The term "artificially bred offspring" as mentioned in this Law refers to offspring individuals born under artificial control and their parents are also born under artificial control.
Specific measures for the administration of artificial breeding of wild animals shall be formulated by the competent department of wildlife protection in the State Council.
Article 26 Artificial breeding of wild animals shall be conducive to species protection and scientific research, and shall not illegally hunt and kill wild animals, destroy wild population resources, and ensure that they have necessary activity space, healthy conditions for survival and reproduction, places, facilities and technologies suitable for their breeding purposes, species and development scale according to their habits, meet relevant technical standards and epidemic prevention requirements, and shall not mistreat wild animals.
The wildlife protection department of the people’s government at or above the provincial level may, according to the needs of protecting the wildlife under special state protection, organize the release of the wildlife under special state protection into the wild environment.
Where artificially bred wild animals other than those mentioned in the preceding paragraph are released into the wild environment, the provisions of this Law on the management of released wild animals shall apply.
Twenty-seventh artificial breeding of wild animals should take safety measures to prevent wild animals from hurting people and escaping. If artificially bred wild animals cause damage to others, endanger public safety or destroy ecology, breeders and managers shall bear legal responsibilities according to law.
Twenty-eighth prohibit the sale, purchase and utilization of wildlife under special state protection and their products.
Because of scientific research, artificial breeding, public exhibition, cultural relics protection or other special circumstances, it is necessary to sell, buy or use wildlife under special state protection and its products, it shall be approved by the wildlife protection department of the people’s government of the province, autonomous region or municipality directly under the Central Government, and obtain and use special marks in accordance with the regulations to ensure traceability, except as otherwise provided by the State Council for the approval authority.
The sale and utilization of terrestrial wild animals with important ecological, scientific and social values and local key protected wild animals and their products shall provide proof of legal sources such as hunting, artificial breeding, import and export.
The scope and management measures for the implementation of the special identification of national key protected wild animals and terrestrial wild animals and their products with important ecological, scientific and social values shall be formulated by the competent department of wildlife protection in the State Council.
The sale of wild animals specified in the second and third paragraphs of this article shall be accompanied by a quarantine certificate according to law.
The use of wild animals for public exhibitions should take safety management measures, and ensure the health of wild animals. The specific management measures shall be formulated by the wildlife protection department of the State Council in conjunction with the relevant departments of the State Council.
Article 29 The national key protected wild animals with mature and stable artificial breeding technology or terrestrial wild animals with important ecological, scientific and social values shall be included in the list of national key protected wild animals with artificial breeding or the list of terrestrial wild animals with important ecological, scientific and social values formulated by the department in charge of wildlife protection in the State Council after scientific demonstration and evaluation, and adjusted in a timely manner. For wild animals and their products listed in the list, they can directly obtain special marks according to the annual production quantity verified by the wildlife protection departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government or their authorized departments with artificial breeding licenses or records, and sell and use them with special marks to ensure traceability.
When adjusting the list of national key protected wild animals and the list of terrestrial wild animals with important ecological, scientific and social values specified in Article 10 of this Law, according to the protection of the relevant wild populations, the artificial populations of wild animals with mature and stable artificial breeding techniques specified in the preceding paragraph may be removed from the list of national key protected wild animals and the list of terrestrial wild animals with important ecological, scientific and social values, and different management measures shall be adopted from the wild populations, but in accordance with the second and third paragraphs of Article 25 of this Law and this article.
The artificially bred populations of terrestrial wild animals that meet the provisions of the second paragraph of Article 12 of the Animal Husbandry Law of People’s Republic of China (PRC) can be included in the catalogue of livestock and poultry genetic resources after scientific demonstration and evaluation.
Thirtieth the use of wild animals and their products should be based on artificial breeding, which is conducive to the conservation of wild populations, meets the requirements of ecological civilization construction, respects social morality, and abides by laws and regulations and relevant state regulations.
If wild animals and their products are used as medicines, they shall also abide by the provisions of the Drug Administration Law of People’s Republic of China (PRC) and other relevant laws and regulations.
Article 31 It is forbidden to eat wildlife under special state protection, terrestrial wildlife with important ecological, scientific and social values under state protection and other terrestrial wildlife.
It is forbidden to hunt, trade or transport wild animals that naturally grow and breed in the wild environment for the purpose of eating.
It is forbidden to produce and market food made from wild animals and their products as stipulated in the first paragraph of this article.
It is forbidden to illegally purchase wild animals and their products as stipulated in the first paragraph of this article for food.
Article 32 It is prohibited to publish advertisements for the sale, purchase and utilization of wild animals or hunting tools that are prohibited from being used. It is forbidden to publish advertisements for the illegal sale, purchase and utilization of wildlife products.
Article 33 Internet platforms, commodity trading markets, restaurants, etc. are prohibited from providing display, trading and consumption services for the illegal sale, purchase, consumption and utilization of wild animals and their products or hunting tools prohibited from being used.
Article 34 Whoever transports, carries or delivers wildlife under special state protection and its products, or the wildlife and its products transferred from the list of wildlife under special state protection in accordance with the provisions of the second paragraph of Article 29 of this Law, shall hold or attach a copy of the license, approval document or special logo specified in Article 21, Article 25, Article 28 or Article 29 of this Law.
Whoever transports, carries or delivers terrestrial wild animals with important ecological, scientific and social values and wild animals under special local protection, or transfers the list of terrestrial wild animals with important ecological, scientific and social values out of the county territory in accordance with the provisions of the second paragraph of Article 29 of this Law, shall hold certificates of legal sources such as hunting, artificial breeding, import and export or special marks.
When transporting, carrying or delivering the wild animals specified in the preceding two paragraphs out of the county, a quarantine certificate shall be attached in accordance with the provisions of the Law of People’s Republic of China (PRC) on Animal Epidemic Prevention.
Railway, road, water transport, civil aviation, postal service, express delivery and other enterprises that consign, carry or deliver wild animals and their products shall check their relevant certificates, copies of documents or special marks, and those that do not meet the requirements shall not be transported or delivered.
Article 35 The wildlife protection department of the people’s government at or above the county level shall regulate, supervise and manage activities such as scientific research, artificial breeding, public exhibition and other activities using wildlife and its products.
Market supervision and management, customs, railways, roads, water transport, civil aviation, postal services and other departments shall, in accordance with the division of responsibilities, supervise and inspect the trading, utilization, transportation, carrying, delivery and other activities of wildlife and its products.
The State has established a coordination mechanism for joint wildlife law enforcement led by the competent departments of forestry, grassland and fisheries in the State Council and coordinated by all relevant departments. Local people’s governments shall establish corresponding coordination mechanisms for joint law enforcement.
If the wildlife protection department of the people’s government at or above the county level and other departments responsible for wildlife protection find that illegal facts are suspected of committing crimes, they shall transfer the clues of crimes to the organs with the power of investigation and investigation.
If the public security organs, people’s procuratorates and people’s courts think that there is no criminal fact or the criminal fact is obviously minor in the process of handling the crime of wildlife protection, and it is unnecessary to pursue criminal responsibility, but administrative punishment should be imposed, they shall promptly transfer the case to the wildlife protection department of the people’s government at or above the county level and other departments responsible for wildlife protection, and the relevant departments shall handle it according to law.
Article 36 The competent department of wildlife protection of the people’s government at or above the county level and other departments responsible for wildlife protection may take the following measures when performing their duties as stipulated in this Law:
(a) to enter places related to violations of wildlife protection and management for on-site inspection and investigation;
(two) inspection, testing and sampling of wild animals;
(3) sealing up and copying relevant documents and materials, and sealing up documents and materials that may be transferred, destroyed, concealed or tampered with;
(4) sealing up and detaining wild animals and their products without legal origin certificates, and sealing up and detaining tools, equipment or property suspected of illegally hunting wild animals or illegally purchasing, selling, processing and transporting wild animals and their products.
Article 37 The list of wild animals or their products whose trade is prohibited or restricted by international conventions to which People’s Republic of China (PRC) is a party shall be formulated, adjusted and published by the State Administration for Import and Export of Endangered Species.
The import and export of wild animals or their products listed in the preceding paragraph, or the export of wild animals or their products under special state protection, shall be approved by the wildlife protection department of the State Council or the State Council, and obtain the import and export permit certificate issued by the national endangered species import and export management agency. The customs shall conduct entry-exit quarantine with the certificate of import and export permission, and go through other customs formalities according to law.
The export of wild animal species involving scientific and technological secrecy shall be handled in accordance with the relevant provisions of the State Council.
Wild animals listed in the first paragraph of this article shall be managed in accordance with the relevant provisions of this Law with the approval of the competent department of wildlife protection in the State Council.
Article 38 It is forbidden to provide overseas institutions or personnel with wildlife genetic resources unique to China. To carry out international scientific research cooperation, approval shall be obtained in accordance with the law, and Chinese scientific research institutions, universities, enterprises and their researchers shall participate in the research substantially, put forward a plan for the state to share benefits in accordance with the provisions, and abide by the provisions of Chinese laws and administrative regulations.
Article 39 The state organizes international cooperation and exchanges in wildlife protection and related law enforcement activities, strengthens cooperation with neighboring countries, and protects wildlife migration routes; Establish a departmental coordination mechanism to prevent and combat smuggling and illegal trade in wild animals and their products, and carry out actions to prevent and combat smuggling and illegal trade.
Fortieth the introduction of wild animal species from abroad shall be approved by the competent department of wildlife protection in the State Council. The introduction of wild animals listed in the first paragraph of Article 37 of this Law from abroad shall also obtain an import and export permit certificate according to law. The customs shall conduct entry quarantine on the strength of import approval documents or import and export permit certificates, and go through other customs formalities according to law.
If wild animal species are introduced from abroad, safe and reliable preventive measures shall be taken to prevent them from entering the wild environment and avoiding harm to the ecosystem; It shall not be released or discarded illegally, and if it is really necessary to release it into the wild environment, it shall abide by the provisions of relevant laws and regulations.
If it is found that wild animals from abroad are harmful to the ecosystem, the relevant departments of wildlife protection of the people’s governments at or above the county level shall take corresponding safety control measures.
Article 41 The competent department of wildlife protection in the State Council shall, jointly with the relevant departments in the State Council, strengthen the regulation and guidance of wildlife release activities. Any organization or individual who releases wild animals into the wild environment shall choose local species suitable for wild survival in the released area, and shall not interfere with the normal life and production of local residents and avoid causing harm to the ecosystem. The specific measures shall be formulated by the competent department of wildlife protection in the State Council. Anyone who releases wild animals at will, causing personal or property damage to others or endangering the ecosystem, shall bear legal responsibility according to law.
Article 42 It is forbidden to forge, alter, buy, sell, transfer or lease special hunting and catching licenses, hunting license, artificial breeding licenses and special marks, sell, buy or use the approval documents of wildlife under special state protection and its products, or allow import and export certificates, import and export and other approval documents.
The relevant information about the issuance of license certificates, special marks and approval documents as stipulated in the preceding paragraph shall be made public according to law.
Article 43. Foreigners who make field trips to wildlife under special state protection or shoot films or videos in the field in China shall be approved by the wildlife protection departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government or their authorized units, and shall abide by the provisions of relevant laws and regulations.
Article 44 The people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government or their standing committees may, according to local actual conditions, formulate measures for the administration of wildlife under special local protection.
Chapter IV Legal Liability
Article 45 If the department in charge of wildlife protection or other relevant departments fail to make a decision on administrative licensing according to law, and find illegal acts or fail to deal with them according to law after receiving a report on illegal acts, or commit other acts that fail to perform their duties according to law, such as abusing their powers, neglecting their duties, engaging in malpractices for selfish ends, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 46 Whoever violates the provisions of the third paragraph of Article 12 and the second paragraph of Article 13 of this Law shall be punished in accordance with the provisions of relevant laws and regulations.
Article 47 Whoever, in violation of the provisions of the fourth paragraph of Article 15 of this Law, buys or sells wild animals and their products in the name of shelter and rescue, the wildlife protection department of the people’s government at or above the county level shall confiscate the wild animals and their products and their illegal income, impose a fine of more than two times and less than twenty times the value of the wild animals and their products, record the relevant illegal information in the social credit record and announce it to the public; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 48 Whoever violates the provisions of Article 20, Article 21, Paragraph 1 of Article 23 and Paragraph 1 of Article 24 of this Law and commits any of the following acts, the wildlife protection department of the people’s government at or above the county level, the marine police agency and the relevant nature reserve management agencies shall, according to the division of responsibilities, confiscate the prey, hunting tools and illegal income, revoke the special hunting and catching license, and impose a fine of not less than two times but not more than twenty times the value of the prey; If there is no prey or the value of the prey is less than 5,000 yuan, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Hunting wild animals under special state protection in nature reserves, hunting (fishing) areas and hunting (fishing) periods;
(2) Hunting and killing wildlife under special state protection without obtaining a special hunting and catching license;
(3) Hunting wild animals under special state protection with prohibited tools and methods.
In violation of the provisions of the first paragraph of Article 23 of this Law, if the hunting situation is not filed with the competent department of wildlife protection, the competent department of wildlife protection in hunting license shall order it to make corrections within a time limit by issuing a special hunting and catching license; If no correction is made within the time limit, a fine of ten thousand yuan or more and one hundred thousand yuan or less shall be imposed; If the circumstances are serious, the special hunting and catching license and hunting license shall be revoked.
Article 49 Anyone who violates the provisions of Article 20, Article 22, Paragraph 1 of Article 23 and Paragraph 1 of Article 24 of this Law and commits any of the following acts shall be confiscated by the wildlife protection department of the local people’s government at or above the county level and the relevant nature reserve management agencies according to the division of responsibilities, and the hunting license shall be revoked, and the value of the prey shall be fined from one time to ten times; If there is no prey or the value of the prey is less than 2,000 yuan, a fine of more than 2,000 yuan and less than 20,000 yuan shall be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in nature reserves, hunting (fishing) areas, hunting (fishing) period has important ecological, scientific and social value of terrestrial wild animals or local key protected wild animals;
(two) did not obtain hunting license, not in accordance with the provisions of hunting license to hunt and kill terrestrial wild animals with important ecological, scientific and social values or local key protected wild animals;
(three) the use of prohibited tools and methods to hunt and kill terrestrial wild animals with important ecological, scientific and social values or local key protected wild animals.
Anyone who, in violation of the provisions of the first paragraph of Article 20 and Article 24 of this Law, hunts other terrestrial wild animals in nature reserves, game sanctuaries, or during game sanctuaries, or uses prohibited tools and methods, thus damaging the ecology, the wildlife protection department of the local people’s government at or above the county level and the relevant nature reserve management agencies shall confiscate the prey, hunting tools and illegal income according to their respective functions and duties, and impose a fine of not less than one time but not more than three times the value of the prey; If there is no prey or the value of the prey is less than 1,000 yuan, a fine of not less than 1,000 yuan but not more than 3,000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Whoever, in violation of the provisions of the second paragraph of Article 23 of this Law, hunts wild animals with guns without obtaining a gun license, which constitutes a violation of public security administration, shall also be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50 Whoever, in violation of the provisions of the second paragraph of Article 31 of this Law, hunts, trades or transports wildlife under special state protection or terrestrial wildlife with important ecological, scientific and social values that naturally grow and breed in the wild environment for the purpose of eating shall be given a heavier punishment in accordance with the provisions of Articles 48, 49 and 52 of this Law.
Anyone who, in violation of the provisions of the second paragraph of Article 31 of this Law, hunts and hunts other terrestrial wild animals that naturally grow and breed in the wild environment for the purpose of eating, shall be confiscated by the wildlife protection department of the local people’s government at or above the county level and the relevant nature reserve management agencies in accordance with the division of responsibilities; If the circumstances are serious, a fine of not less than one time but not more than five times the value of the prey shall be imposed; if there is no prey or the value of the prey is less than 2,000 yuan, a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Anyone who, in violation of the provisions of the second paragraph of Article 31 of this Law, trades or transports other terrestrial wild animals that naturally grow and breed in the wild environment for the purpose of eating shall be confiscated by the wildlife protection department of the local people’s government at or above the county level and the market supervision and management department in accordance with the division of responsibilities; If the circumstances are serious, a fine of more than one time and less than five times the value of wild animals shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 51 Whoever, in violation of the provisions of the second paragraph of Article 25 of this Law, breeds wild animals under special state protection without obtaining an artificial breeding license or transfers them from the list of wild animals under special state protection in accordance with the provisions of the second paragraph of Article 29 of this Law, the wildlife protection department of the people’s government at or above the county level shall confiscate the wild animals and their products and impose a fine of not less than one time but not more than ten times the value of the wild animals and their products.
In violation of the provisions of the third paragraph of Article 25 of this Law, the artificial breeding of terrestrial wild animals with important ecological, scientific and social values, or the transfer of the list of terrestrial wild animals with important ecological, scientific and social values in accordance with the provisions of the second paragraph of Article 29 of this Law, has not been filed, and the wildlife protection department of the people’s government at the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than five hundred yuan but not more than two thousand yuan shall be imposed.
Article 52 Whoever, in violation of the provisions of the first and second paragraphs of Article 28, the first paragraph of Article 29 and the first paragraph of Article 34 of this Law, fails to approve, obtain or use the special logo in accordance with the provisions, Or those who sell, buy, use, transport, carry or send wildlife and its products under special state protection or those whose products have been transferred from the list of wildlife under special state protection in accordance with the provisions of the second paragraph of Article 29 of this Law, the wildlife protection department of the people’s government at or above the county level and the market supervision and management department shall confiscate the wildlife and its products and their illegal income according to their division of responsibilities, order them to close their illegal business premises, and impose the value of wildlife and its products on them at least two times and less than 20 times. If the circumstances are serious, the artificial breeding license shall be revoked, the approval document shall be revoked, and the special logo shall be withdrawn; If a crime is constituted, criminal responsibility shall be investigated according to law.
Whoever, in violation of the provisions of the third paragraph of Article 28, the first paragraph of Article 29 and the second paragraph of Article 34 of this Law, sells, utilizes, transports, carries or delivers terrestrial wild animals with important ecological, scientific and social values, wildlife under special local protection or wild animals and their products whose list of terrestrial wild animals with important ecological, scientific and social values has been transferred out in accordance with the provisions of the second paragraph of Article 29 of this Law, By the local people’s governments at or above the county level wildlife protection departments and market supervision and management departments in accordance with the division of responsibilities, the confiscation of wild animals, and impose a fine of more than 10 times the value of wild animals; If a crime is constituted, criminal responsibility shall be investigated according to law.
In violation of the provisions of the fourth paragraph of Article 34 of this Law, enterprises such as railways, roads, water transport, civil aviation, postal services, express delivery, etc. fail to inspect or carry or deliver wild animals and their products in accordance with the provisions, the relevant competent departments of transportation, railway supervision and administration, civil aviation, postal administration, etc. shall confiscate the illegal income according to the division of responsibilities and impose a fine of not less than one time but not more than five times the illegal income; If the circumstances are serious, the business license shall be revoked.
Article 53 Anyone who, in violation of the provisions of the first and fourth paragraphs of Article 31 of this Law, eats or illegally purchases wild animals and their products protected by this Law for eating shall be ordered by the wildlife protection department and the market supervision and management department of the people’s government at or above the county level to stop the illegal act according to the division of responsibilities, confiscate the wild animals and their products, and impose a fine of not less than two times but not more than twenty times the value of the wild animals and their products; Those who eat or illegally buy other terrestrial wild animals and their products for food shall be ordered to stop the illegal behavior, give criticism and education, confiscate the wild animals and their products, and if the circumstances are serious, impose a fine of more than one time and less than five times the value of the wild animals and their products; If a crime is constituted, criminal responsibility shall be investigated according to law.
Anyone who, in violation of the provisions of the third paragraph of Article 31 of this Law, produces or markets food made from wild animals and their products protected by this Law shall be ordered by the wildlife protection department and the market supervision and management department of the people’s government at or above the county level to stop the illegal act, confiscate the wild animals and their products and illegal income, order to close the illegal business premises, and impose a fine of not less than 15 times but not more than 30 times the illegal income; Production, management and use of other terrestrial wild animals and their products to make food, give criticism and education, confiscate the wild animals and their products and illegal income, if the circumstances are serious, and impose a fine of not less than one time but not more than ten times the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 54 Whoever, in violation of the provisions of Article 32 of this Law, publishes advertisements for the sale, purchase and utilization of wild animals and their products or hunting tools prohibited from being used shall be punished in accordance with the provisions of the Advertising Law of People’s Republic of China (PRC).
Article 55 Whoever, in violation of the provisions of Article 33 of this Law, provides exhibition, trading and consumption services for the illegal sale, purchase, consumption and utilization of wild animals and their products or hunting tools prohibited from being used shall be ordered by the market supervision and administration department of the people’s government at or above the county level to stop the illegal act, make corrections within a time limit, confiscate the illegal income and impose a fine of not less than two times but not more than ten times the illegal income; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 56 Whoever, in violation of the provisions of Article 37 of this Law, imports or exports wild animals and their products shall be punished by the customs, public security organs and marine police agencies in accordance with laws, administrative regulations and relevant state regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 57 Whoever, in violation of the provisions of Article 38 of this Law, provides overseas institutions or personnel with the genetic resources of wild animals unique to China shall be confiscated by the wildlife protection department of the people’s government at or above the county level, and the illegal income of the wild animals and their products shall be imposed with a fine of not less than one time but not more than five times the value or illegal income of the wild animals and their products; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 58 Whoever, in violation of the provisions of the first paragraph of Article 40 of this Law, introduces wild animal species from abroad shall be confiscated by the wildlife protection department of the people’s government at or above the county level, and shall be fined not less than 50,000 yuan but not more than 500,000 yuan; Those who fail to carry out entry quarantine according to law shall be punished in accordance with the provisions of the Law of People’s Republic of China (PRC) on Entry and Exit Animal and Plant Quarantine; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 59 Whoever, in violation of the provisions of the second paragraph of Article 40 of this Law, releases or discards wild animals imported from abroad shall be ordered by the wildlife protection department of the people’s government at or above the county level to catch them back within a time limit and be fined not less than 10,000 yuan but not more than 100,000 yuan; If it fails to catch back within the time limit, the relevant wildlife protection department shall catch back or take measures to reduce the impact, and the expenses required shall be borne by the person ordered to catch back within a time limit; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 60 Whoever, in violation of the provisions of the first paragraph of Article 42 of this Law, forges, alters, buys, sells, transfers or leases relevant certificates, special marks or relevant approval documents shall be confiscated by the wildlife protection department of the people’s government at or above the county level, and the illegal income shall be imposed with a fine of not less than 50,000 yuan but not more than 500,000 yuan; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 61 The wildlife protection department of the people’s government at or above the county level and other departments and institutions responsible for wildlife protection shall deal with the confiscated wildlife and its products in accordance with the relevant provisions, and the specific measures shall be formulated by the wildlife protection department of the State Council in conjunction with the relevant departments of the State Council.
Article 62 The competent department of wildlife protection of the people’s governments at or above the county level shall strengthen the norms and guidance on the identification and value evaluation of wildlife and its products. The standards and methods for evaluating the value of prey and wildlife and its products as stipulated in this Law shall be formulated by the competent department of wildlife protection in the State Council.
Article 63 Any act that violates the provisions of this Law and destroys wildlife resources and ecological environment and harms public interests may bring a lawsuit to the people’s court in accordance with the provisions of the Environmental Protection Law of People’s Republic of China (PRC), the Civil Procedure Law of People’s Republic of China (PRC) and the Administrative Procedure Law of the People’s Republic of China.
Chapter V Supplementary Provisions
Article 64 This Law shall come into force as of May 1, 2023.