Law of the People's Republic of China on the Protection of Wildlife (Revised in 2016)

Publish Date:2017-03-07 22:57:36Visit:342

Promulgation date

2016/07/02

Effective region

National

Promulgator

Standing Committee of the National People's Congress

Document no

Order of the President of the People's Republic of  China No.47

Effectiveness

Effective

Effective date

2017/01/01

Category

Wild Animal & Plant Protection ( Environment  Law->Wild Animal & Plant Protection )

Law of the People's Republicof China on the Protection of Wildlife (Revised in 2016)

Order of the President of the People's Republic of China No.47

July 2, 2016

The Law of the People's Republic of China on the Protection of Wildlife, which was amended and adopted at the Twenty-First Session of the Standing Committeeof the Twelfth National People's Congress on July 2, 2016, is now promulgated and will take effect as of January 1, 2017.

President of the People's Republic of China Xi Jinping

Law of the People's Republic of China on the Protection of Wildlife

(Adopted at the Fourth Session of the Standing Committee of the Seventh National People's Congress on November 8, 1988, firstly amended according to the Resolution on Amending the Law of the People's Republic of China on the Protection of Wildlife adopted at the Eleventh Session of the Standing Committee of the Tenth National People's Congress on August 28, 2004, and secondly amended according to the Resolution on Amending Several Laws adopted at the Tenth Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, and also amended at the Twenty-First Session of the Standing Committee of the Twelfth National People's Congress on July 2, 2016.) 

Table of Contents
Chapter I General Provisions
Chapter II Protection of Wildlife and its Habitats
Chapter III Administration of Wildlife
Chapter IV Legal Liability
Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of protecting wildlife, saving the rare and endangered species of wildlife, maintaining biodiversity and ecological balance, and promoting the construction of ecological civilization.

Article 2 This Law applies to wildlife protection or other related activities within the territory and other water areas within the jurisdiction of the People's Republic of China.
The wildlife protected under this Law refers to the rare or endangered species of terrestrial and aquatic wildlife and the species of terrestrial wildlife which are of important ecological, scientific, or social value.
The wildlife and its products in this Law refer to the entire (including spawn,egg) and parts of its body and its derivatives. 
As regards the protection of the species of aquatic wildlife other than those which are rare or endangered, the provisions of the Fisheries Law of the People's Republic of China and other related laws shall apply.

Article 3 Wildlife resources shall be owned by the State.
The State shall protect the legitimate rights and interests of organizations and individuals that are engaged in scientific research, artificial breeding, protection, and other related activities in connection with wildlife according to the law.

Article 4 The State shall adhere to the principle of "giving priority to wildlife protection, regulating utilization, and tightening regulation", encourage conducting scientific research into wildlife, and foster citizens' awareness of protecting wildlife to promote the harmonious development between man and nature.

Article 5 The state shall protect wildlife and its habitats. The people's governments above the county level shall formulate protection plans and take related measures to protect wildlife and its habitats, and budget for wildlife protection. 
The state encourages citizens, legal persons, and other organizations to participate in wildlife protection activities through donations, grants,voluntary service, etc. and support wildlife protection public welfare causes in accordance with laws.
Wildlife habitat in this Law refers to the important area where the wild population of wildlife lives and breeds.

Article 6 All organizations or individuals shall have the obligation to protect wildlife and its habitats. It is prohibited to illegally hunt wildlife or destroy its habitats.
All organizations or individuals shall have the right to report or accuse acts violating this Law to related authorities or organs, and competent authorities or related authorities or organs shall handle such reports or accusations in atimely manner in accordance with the law.

Article 7 The competent forestry department and the fishery department under the State Council shall be respectively responsible for the nationwide protection of terrestrial and aquatic wildlife.
The competent forestry departments and the fishery departments of the people's governments above the county level shall be respectively responsible for the protection of terrestrial and aquatic wildlife within their jurisdiction.

Article 8 The people's governments at all levels shall strengthen publicity, education, and scientific knowledge popularization in respect of wildlife protection, as well as encourage and support grass-roots self-governing mass organizations, social organizations, enterprises, public institutions, and volunteers in popularizing wildlife protection laws and regulations as well as related protection knowledge. 
The educational administrative departments and schools shall provide students with education on wildlife protection knowledge.
The news media shall publicize wildlife protection laws, regulations, and relevant knowledge as well as conduct public opinion supervision of illegal acts.

Article 9 Organizations and individuals that have accomplished outstanding achievements in wildlife protection and scientific research shall be rewarded by the people's governments above the county level.

Chapter II Protection of Wildlife and its Habitat

Article 10 The State shall offer classification and hierarchical protection to wildlife.
The State shall give special protection to rare or endangered species of wildlife. The wildlife under special state protection shall fall into two categories: wildlife under first-class protection and wildlife under second-class protection. The competent wildlife protection department under the State Council shall draw up the list of wildlife under special state protection upon organizing a scientific assessment and adjust it every five years according to the assessment results. And the list shall be submitted to the State Council for approval and publication.
The wildlife under special local protection, refers to the wildlife under special protection in provinces, autonomous regions, or municipalities directly under the Central Government except for wildlife under special state protection. The list of wildlife under special local protection shall be drawn up, adjusted, and announced by the people's governments in provinces, autonomous regions, or municipalities directly under the Central Government upon organizing a scientific assessment.
The list of terrestrial wildlife under state protection, which is of important ecological, scientific, or social value, shall be drawn up, adjusted, and announced by the competent wildlife protection department under the State Council upon it organizing a scientific assessment.

Article 11 The competent wildlife protection departments of the people's governments above the county level shall regularly organize or entrust the relevant scientific institutions with the tasks of conducting an investigation, monitoring and assessment of wildlife and its habitats as well as opening and perfecting relevant files. 
The investigation, monitoring, and evaluation of wildlife and its habitats shall include the following contents:
1. wild distribution area, population size, and structure of wildlife;
2. the size of habitat area and the ecological environment of wildlife;
3. major threats to wildlife and its habitats; 
4. other conditions in need of investigation, monitoring, and evaluation such as the artificial breeding condition of wildlife.

Article 12 The competent wildlife protection department under the State Council shall work with relevant departments under the State Council to determine and publish the list of important wildlife habitats according to the results of investigation, monitoring, and evaluation of wildlife and its habitats. 
The people's governments above the provincial level shall designate relevant nature reserves in accordance with the law to protect wildlife and its habitats as well as protect, restore, and improve wildlife's living environment. In regions not qualified for designation as relevant nature reserves, the people's governments above the county level may protect wildlife and its habitats by designating areas and seasons closed to hunting (fishing).
Human disturbances or threats to wildlife living and breeding in related nature reserves, such as introducing alien species, planting unitary pure forest, and excessively using pesticide, shall be prohibited or restricted.
Related nature reserves shall be designated and administered in accordance with the provisions of relevant laws and regulations. 

Article 13 When formulating related development and utilization plans, the people's governments above the county level and related departments shall give full consideration to the protection of wildlife and its habitats, as well as analyze, predict, and assess the overall impact of implementing the plans on wildlife and its habitats to avoid or reduce the adverse consequences.
It is prohibited to construct projects that are forbidden to be built by relevant laws and regulations in related nature reserves. Site and route selection for projects such as the construction of airports, railways, highways, water conservancy and hydro power, weir, and reclamation of sea shall by pass related nature reserves and wildlife migratory channels; if it cannot by pass such channels, measures shall be taken by building wildlife channels and fish-passing facilities to eliminate or minimize any adverse impacts on wildlife.
Where construction projects may affect related nature reserves and wildlife migratory channels, the competent departments for examining and approving the environmental impact assessment report shall solicit the opinions from the competent wildlife protection department under the State Council when examining and approving the environmental impact assessment report concerning wildlife under special state protection; where wildlife under special local protectionis concerned, the competent departments for examining and approving the environmental impact assessment report shall seek the opinions from the competent wildlife protection departments of the people's governments in provinces, autonomous regions, and municipalities directly under the Central Government.

Article 14 The competent wildlife protection departments at all levels shall keep watch on and monitor the impact of the environment on wildlife. If the impact endangers wildlife, the competent departments shall conduct an investigation and deal with such matters in conjunction with the departments concerned. 

Article 15 To the extent that emergencies such as natural disasters or major environmental pollution accidents pose a threat to wildlife under special state or local protection, the local governments shall take emergency measures to rescue them.
The competent wildlife protection departments of the people's governments above the county level shall organize and conduct rescue work and provide shelter for wildlife in accordance with the relevant state regulations.
It is prohibited to trade wildlife and its products in the name of conducting rescue work and providing shelter for wildlife. 

Article 16 The competent wildlife protection departments and the veterinary departments of the people's governments above the county level shall, within their respective competence, monitor wildlife epidemic sources and disease, and organize projections, forecasts, etc., as well as develop wildlife disease contingency plans in accordance with the relevant provisions and submit them to the people's government at the same level for approval or for filing.
The competent wildlife protection departments, the competent veterinary departments, and the competent health departments of the people's governments above the county level shall, within their respective competence, be responsible for the prevention and administration of animal infectious diseases related to zoonosis. 

Article 17 The State shall strengthen the protection of wildlife genetic resources, and shall provide rescue protection for endangered wildlife.
The competent wildlife protection department under the State Council shall work together with relevant departments under the State Council to formulate wildlife genetic resources conservation and utilization plans, establish anational wildlife genetic resources gene pool, and offer special protection for rare and endangered wildlife genetic resources of Chinese origin.

Article 18 Related local people's governments shall take measures to prevent and control the potential hazards that wildlife may causeso as to protect human and animal safety and ensure agricultural and forestry production.

Article 19 If any act inflicts personnel casualties, losses tocrops or other financial losses due to the protection of wildlife under the protection of this Law, the local governments shall pay compensation. The measures for the foregoing compensation shall be formulated by the governmentsof provinces, autonomous regions, and municipalities directly under the Central Government. The related local governments can urge the insurance agencies to conduct wildlife-caused damage insurance business.
The Central Government shall, in accordance with the relevant state regulations, subsidize the funds used for taking action by related local governments to prevent and control the damage that wildlife under special state protection may cause and the funds needed for paying compensation.

Chapter III Administration of Wildlife

Article 20 In related nature reserves and areas closed to hunting (fishing), and during seasons closed to hunting (fishing), the hunting and catching of wildlife and other activities which are harmful to the life and breeding of wildlife shall be prohibited, unless otherwise prescribed by any law or regulation.
During the migration of migratory wildlife, beyond the channels designated in the preceding paragraph, the hunting and catching of wildlife and other activities which inhibit the living and breeding of wildlife shall be prohibited. The people's governments above the county level or the competent wildlife protection departments shall stipulate and publish the areas of migratory channels and the activities which inhibit the living and breeding of wildlife.

Article 21 The hunting, catching, or killing of wildlife under special state protection shall be prohibited.
Where the catching or hunting of wildlife under first-class state protection is necessary for scientific research, population control, endemic sources and disease monitoring or other special purposes, the organizations or individuals concerned must apply to the competent wildlife protection department under the State Council for a special hunting and catching license; where the catching or hunting of wildlife under second-class state protection is intended, the organizations or individuals concerned must apply to the competent wildlife protection departments of the people's governments in provinces, autonomous regions, or municipalities directly under the Central Government for a special hunting and catching license.

Article 22 Anyone who intends to hunt or catch wildlife which is not under special state protection must obtain a hunting license issued by the competent wildlife protection departments of the people's governments above the county level and observe the hunting quota assigned. 

Article 23 Those hunting or catching wildlife shall observe the stipulations in their special hunting and catching license or hunting license with respect to the species, quantity, area, tool, method, and time limit. 
Those who intend to hunt with a gun must obtain a gun license from the public security organs.

Article 24 The hunting or catching of wildlife by the use of tools such as poison, explosives, electric shocks, electronic trapping devices, hunting loops, hunting clips, simple self-made guns, firearms, as well as by using methods such as relying on night lighting, hunting of an annihilation nature, destroying nests and lairs, fire attack, smoke attack, and netting trapping shall be prohibited, unless netting trapping and electronic trapping is required for scientific research.
The people's governments above the county level shall stipulate and publish prohibited hunting tools and methods other than those specified in the preceding paragraph.

Article 25 The State shall support the artificial breeding of wildlife under special state protection undertaken by the relevant scientific institutes for species conservation purposes.
Artificial breeding of wildlife under special state protection other than that specified in the preceding paragraph shall implement the licensing system. Artificial breeding of wildlife under special state protection shall be subject to the approval by the competent wildlife protection departments of the people's governments in provinces, autonomous regions, and municipalities directly under the Central Government with the exception that other approval authorities are designated, and the party concerned shall obtain an artificial breeding license. 
Artificial breeding of wildlife under special state protection shall use artificial breeding progeny provenance, and establish species pedigree, breeding files, and individual data. Where it is necessary to use wild provenance for species conservation purposes, the regulations under Article 21 and Article 23 hereof shall apply.
For purposes of this Law, artificial breeding progeny refers to progeny individuals born under artificial controlled conditions and whose parents are also born in such conditions.

Article 26 The artificial breeding of wildlife that is under special state protection shall be conducive to species conservation andscientific research without destroying the wild population resources. In this regard, the party concerned shall ensure the necessary activity space and living & breeding and health conditions for wildlife in light of its habits, and prepare places, facilities, and technology fit for the purpose, type, and scale of the development of wildlife breeding in compliance with the relevant technical standards and quarantine requirements. Abusing wildlife shall be prohibited.
The competent wildlife protection departments of the people's governments above the provincial level can organize to release wildlife under special state protection to the wild environment in compliance with the requirements for protecting wildlife under special state protection.

Article 27 The sale, purchase, and utilization of wildlife under special state protection or the products thereof shall be prohibited. 
Where the sale, purchase, or utilization of wildlife under special state protection or the products thereof is necessary for scientific research, artificial breeding, public exhibition and show, 
relic preservation, or other special purposes, the party concerned must be subject to the approval by the wildlife protection departments of the people's governments in provinces, autonomous regions, and municipalities directly under the Central Government, and obtain and usespecial identifiers in accordance with related regulations to ensure traceability, with the exception that the State Council has designated other approval authorities. 
The application scope and administrative measures for special identifiers of wildlife under special state protection or the products thereof shall be stipulated by the competent wildlife protection department of the State Council department.
When trading or using wildlife not under special state protection, organizations or individuals concerned shall provide legitimate source proof such as hunting or import and export license.
When trading wildlife stipulated in Paragraph 2 and Paragraph 4 of this Article, in addition to the same mentioned above, units concerned shall also furnish the quarantine certificatein accordance with the law.

Article 28 Upon scientific demonstration, the wildlife underspecial state protection to which mature and stable artificial breeding technology is applied shall be incorporated into the list of artificial breeding wildlife under special state protection drawn up by the competent wildlife protection department under the State Council. The wildlife and its products on the list, upon directly obtaining special identifiers according to the output of annual production verified by the wildlife protection departments of the people's governments in provinces, autonomous regions, and municipalities directly under the Central Government on the strength of anartificial breeding license, shall be traded and utilized by using special identifiers to guarantee traceability. 
Where the list of wildlife under special state protection stipulated in Article 10 hereof is adjusted as required, artificial wildlife species for which mature and stable artificial breeding technology is applied as specified in the preceding paragraph may not be included in the list of wildlife under special state protection in light of the protection conditions of wild populations, and different administrative measures instead of measures for wildlife species shall be adopted, provided that the artificial breeding license and special identifiers are obtained in accordance with the provisions of Paragraph 2 of Article 25 hereof and Paragraph 1 above.

Article 29 Anyone utilizing wildlife or the products thereof shall mainly rely on artificial breeding, which is conducive to the conservation of wild populations, meets the requirements of ecological civilization construction, respects the social codes of ethics, and complies with laws and regulations as well as relevant state stipulations.
Where wildlife or the products thereof are utilized or traded as drugs, the laws and regulations for drug administration shall also be abided by.

Article 30 It is prohibited to produce, operate, or utilize food made from wildlife under special state protection or the products thereof or utilize food made from wildlife not under special state protection or the products thereof without the proof of legitimate origin.
It is prohibited to illegally purchase wildlife under special state protectionor the products thereof for consumption.

Article 31 It is prohibited to advertise wildlife for sale, purchase, or utilization or the prohibited hunting tools. It is prohibited to advertise wildlife products for illegal sale, purchase or utilization.

Article 32 Trading venues such as online trading platforms and commodity trading markets are prohibited from providing trading services for illegal sale, purchase or utilization of wildlife and its products or the prohibited hunting tools.

Article 33 When transporting, carrying, or postal delivering wildlife under special state protection or the products thereof, and wildlife or the products thereof stipulated in Paragraph 2 of Article 28 hereof out of any county, the party concerned shall hold or attach the license, a copy of approval documents or the special identifier stipulated in Article 21, 25, 27or 28 hereof, as well as the quarantine certificate.
In the case of transportation of wildlife not under special state protection out of any county, the party concerned shall hold the legitimate or igincertificate for hunting and import & export and other evidence, as well as the quarantine certificate.

Article 34 The competent wildlife protection departments of the people's governments above the county level shall regulate the activities for utilizing wildlife and its products for the purposes of scientific research, artificial breeding, and public exhibitions and shows.
Other relevant departments of the people's governments above the county level shall be responsible for carrying out supervision and inspection of the sales, purchase, utilization, transportation, postal delivery, and other activities inconnection with wildlife and its products within their competence.

Article 35 The state endangered species import and export administrative agency shall draw up, adjust, and promulgate the list of wildlife or its products whose trade is prohibited or restricted by international conventions signed or participated in by the People's Republic of China.
When importing or exporting wildlife or its products on the foregoing list, or wildlife under the special state protection of export countries or the products thereof, the party concerned shall obtain the approval from the competent wildlife protection department under the State Council or the State Council, alongside the import and export permit issued by the state endangered species import and export administrative agency, and conduct entry and exit quarantine according to the law. The customs clearance formalities shall be completed on the strength of import and export permits and the quarantine certificates in accordance with the relevant regulations.
The wildlife export involving scientific and technological secrets shall be handled in accordance with relevant regulations of the State Council.
Wildlife on the list of Paragraph 1 above can be administered as wildlife underspecial state protection within the scope of the application of this Law with the approval from the competent wildlife protection department under the State Council.

Article 36 The State shall organize international cooperationand exchanges in connection with wildlife protection and related law enforcement activities; establish trans-sectoral coordination mechanisms to prevent and combat smuggling and illegal trade in wildlife and its products, as well as take actions to prevent and combat smuggling and illegal trade.

Article 37 The introduction of wildlife species abroad shall be approved by the competent wildlife protection department under the State Council. For the introduction of wildlife on the list stipulated in Paragraph1, Article 35 hereof abroad, in addition to the aforesaid approval, the party concerned shall obtain an import and export permit according to the law as well. Besides, it shall conduct entry quarantine according to the law. The customs shall deal with the clearance formalities on the strength of import approval documents or the import and export permit along with the quarantine certificate in accordance with the relevant regulations.
With respect to the introduction of wildlife species abroad, the party concerned shall take safe and reliable precautions to prevent wildlife introduced from entering the wild environment and avoid the destruction of the ecosystem. Where it is necessary to release them into the wild, they shall be released in accordance with the relevant national regulations.

Article 38 Any organization or individual shall choose local species fit for survival in the local wild environment when releasing wildlife to avoid disturbing the normal life and production of local residents and disrupting the ecosystem. When causing personal and property damage or disrupting the ecosystem, the party concerned shall bear legal liability.

Article 39 The forgery, alteration, sales, transfer, or leasing of special hunting and catching licenses, hunting licenses, artificial breeding licenses, and special identifiers, and the sales, purchase, and utilization of approval documents for wildlife under special state protection or the products thereof, or other approval documents such as import and export permits and import and export approval documents, shall be prohibited.
The issuance of the licenses and permits, special identifiers, and approval documents specified in the preceding paragraph above shall be disclosed according to the law.

Article 40 Where a foreigner intends, in the territory of China, to conduct a field study or to shoot film or video of wildlife under special state protection in the wild, he or she must obtain the approval from the competent wildlife protection departments of the people's governments in provinces, autonomous regions, and municipalities directly under the Central Government or their authorized units, and abide by the relevant laws and regulations.

Article 41 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 people's congress or the standing committees of the people's congress in different provinces, autonomous regions, and municipalities directly under the Central Government.

Chapter IV Legal Liability

Article 42 Where the competent wildlife protection departments or other related departments and organs fail to make an administrative licensing decision according to the law and investigate or handle cases or investigate or handle cases according to the law when they detect violations or receive reports of violations, or there is any act of not performing their duties according to the law (e.g. abuse of authority), the relevant departments and organs of the people's government at the same level or higher level shall order them to make corrections, and issue a demerit or a serious demerit to or demote responsible personnel in charge and other directly responsible personnel; when causing serious consequences, such personnel can be removed from office or be dismissed, and the main responsible personnel shall take the blame and resign from their post; if such violations constitute a crime, criminal liability shall be pursued.

Article 43 Any act in violation of the provisions of Paragraph 3 of Article 12 hereof and Paragraph 2 of Article 13 hereof shall be punished in accordance with the provisions of relevant laws and regulations.

Article 44 For the trade of wildlife and its products in the name of conducting rescue work and providing shelter for wildlife, which violates the provisions of Paragraph 3 of Article 15 hereof, the competent wildlife protection departments of the people's governments above the county level shall confiscate such wildlife and its products as well as seize any illegal gains and impose a fine ranging from two to ten times higher than the value of the wildlife and its products, and incorporate relevant illegal acts information into the social credibility record and publish it to society; if such violations constitute a crime, criminal liability shall be pursued.

Article 45 Where the party concerned hunts and catches wildlife under special state protection in related nature reserves and areas closed to hunting (fishing) and during seasons closed to hunting (fishing), hunts, catches, or kills wildlife under special state protection without obtaining aspecial hunting and catching license or abiding by stipulations in such license, or uses prohibited tools and methods to catch and hunt wildlife under special state protection, which is in violation of the provisions of Article 20, Article 21, Paragraph 1 of Article 23 and Paragraph 1 of Article 24, the wildlife protection departments, the competent marine departments, or the regulatory agencies in related reserve areas of the people's governments above the county level shall, within their respective competence, confiscate gamesand hunting tools as well as seize gains from hunting or catching, revoke special hunting and catching licenses, and impose a fine ranging from two to ten times higher than the value of hunted or caught wildlife; where wildlife is not hunted or caught, such departments shall also impose a fine ranging from CNY10,000 to CNY50,000; if such violations constitute a crime, criminal liability shall be pursued.

Article 46 Where the party concerned hunts and catches wildlife not under special state protection in related nature reserves and areas closed to hunting (fishing) and during seasons closed to hunting (fishing), hunts or catches wildlife not under special state protection without obtaining a hunting license or abiding by stipulations in such a license, or uses prohibited tools and methods to catch and hunt wildlife not under special state protection, which is in violation of the provisions of Article 20, Article 22, Paragraph 1 of Article 23 and Paragraph 1 of Article 24, the wildlife protection departments, the competent marine departments, or the regulatory agencies inrelated reserve areas of the people's governments above the county level shall, within their respective competence, confiscate games and hunting tools as well as seize illicit gains, revoke special hunting and catching licenses, and impose a fine ranging from one to five times higher than the value of hunted or caught wildlife; where wildlife is not hunted or caught, such departments shall also impose a fine ranging from CNY2,000 to CNY10,000; if such violations constitute a crime, criminal liability shall be pursued.
Where the party concerned hunts wildlife with a gun without obtaining a gun license, which is in violation of the provisions of Paragraph 2 of Article 23, the public security organs shall impose administrative penalties according to the law to the extent that such behavior constitutes a violation against public security administration; if such violations constitute a crime, criminal liability shall be pursued.

Article 47 Where the party concerned breeds wildlife under special state protection or wildlife stipulated in Paragraph 2 of Article 28 without obtaining an artificial breeding license, which is in violation of the provisions of Paragraph 2 of Article 25, the competent wildlife protection departments of the people's government above the county level shall confiscate the wildlife and its products, and impose a fine ranging from one to five times higher than the value of the wildlife and its products.

Article 48 Where the party concerned uses a special identifier without obtaining approval or without obtaining a special identifier or without abiding by the relevant stipulations, or sells, purchases, uses, transports, carries, and posts wildlife under special state protection and its products or wildlife and its products stipulated in Paragraph 2 of Article 28 without holding or attaching the artificial breeding license, a copy of approval documents, or the special identifier, which is in violation of the provisions of Paragraph 1and 2 of Article 27, Paragraph 1 of Article 28 and Paragraph 1 of Article 33 hereof, the competent wildlife protection departments or the industrial and commercial administration departments of the people's governments above the county level shall, within their respective competence, confiscate the wildlife and its products and seize illegal gains, and impose a fine ranging from two to ten times higher than the value of the wildlife and its products; in serious cases, it shall revoke the artificial breeding license, approval documents, and special identifier; if such violations constitute a crime, criminal liability shall be pursued. 
Where the party concerned sells, utilizes, and transports wildlife not under special state protection without holding legitimate origin proof, which is inviolation of the provisions of Paragraph 4 of Article 27 and Paragraph 2 of Article 33, the wildlife protection departments or the industrial and commercial administrative departments of the people's governments above the county level shall, within their respective competence, confiscate the wildlife, and impose a fine ranging from one to five times higher than the value of the wildlife.
Where the party concerned sells, transports, carries, or posts related wildlife and its products without holding or attaching the quarantine certificate inviolation of Paragraph 5, Article 27 and Article 33 hereof, it shall be punished according to the Animal Epidemic Prevention Law of the People's Republic of China.

Article 49 Where the party concerned produces and operates food made from wildlife under special state protection and its products or wildlife not under special state protection and its products without legitimate origin proof, or illegally purchases wildlife under special state protection and its products for consumption, which is in violation of the provisions of Article 30 hereof, the wildlife protection departments or the industrial and commercial administrative departments of the people's governments above the county level shall, within their respective competence, order the suspension of such illegalacts, confiscate the wildlife and its products and seize illicit gains, and impose a fine ranging from two to ten times higher than the value of the wildlife and its products; if such violations constitute a crime, criminal liability shall be pursued. 

Article 50 Where the party concerned advertises the sale, purchase, or utilization of wildlife and its products or the prohibited hunting tools in violation of the provisions of Article 31 hereof, it shall be punished in accordance with the provisions of the Advertising Law of People's Republic of China.

Article 51 Where the party concerned provides trading services for the illegal sale, purchase, or utilization of wildlife and its products, or the prohibited hunting tools, which is in violation of the provisions of Article 32 hereof, the industrial and commercial administrative departments of the people's governments above the county level shall order the suspension of such illegal acts and require rectifications within a prescribed time limit, seize illegal gains, and impose a fine ranging from two to five times higher than the value of the wildlife and its products; where there are no illegal gains, such departments shall also impose a fine ranging from CNY10,000 to CNY50,000; if such violations constitute a crime, criminal liability shall be pursued. 

Article 52 Where the party concerned imports and exports wildlife or its products in violation of Article 35 hereof, the customs, the inspection and quarantine departments, the public security organs, and the marine law enforcement departments shall impose penalties in accordance with the relevant laws, administrative regulations, and stipulations of the State; if such violations constitute a crime, criminal liability shall be pursued. 

Article 53 Where the party concerned introduces wildlife species abroad in violation of the provisions of Paragraph 1 of Article 37 hereof, the competent wildlife protection departments of the people's governments above the county level shall confiscate the wildlife introduced, and impose a fine ranging from CNY50,000 to CNY250,000; if it fails to conductentry quarantine, penalties shall be imposed in compliance with the provisions of the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine; if such violations constitute a crime, criminal liability shall be pursued. 

Article 54 Where the party concerned releases wildlife introduced abroad to the wild environment in violation of the provisions of Paragraph 2 of Article 37 hereof, the wildlife protection departments of the people's governments above the county level shall order it to recapture the wildlife within a prescribed time limit, and impose a fine ranging from CNY10,000 to CNY50,000; if it fails to recapture the wildlife within the prescribed time and related competent wildlife protection department does so on its behalf or takes measures to reduce any adverse impact, the expenses incurred thereby shall be defrayed by the party concerned.

Article 55 Where the party concerned commits violations such as forgery, alteration, sales, transfer, or leasing of the afore mentioned licenses, special identifiers, or approval documents in breach of Paragraph 1, Article 39 hereof, the wildlife protection departments of the people's governments above the county level shall confiscate the illegal licenses, special identifiers, or related approval documents and seize illegal gains, and impose a fine ranging from CNY50,000 to CNY250,000; the public security organs shall impose administrative penalties according to the law to the extent that such behavior constitutes a violation against public security administration; if such violations constitute a crime, criminal liability shall be pursued.

Article 56 The substances confiscated in accordance with the provisions hereof shall be disposed of by the wildlife protection departments of the people's governments above the county level or its authorized units in accordance with the relevant regulations.

Article 57 The competent wildlife protection department under the State Council shall establish appraisal criteria and methods for valuing quarries, wildlife, and its products stipulated in this Law. 

Chapter V Supplementary Provisions

Article 58 This Law shall take effect as of January 1,2017. 

 

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