2022年野生动物保护法英文版 .pdf

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1、LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PROTECTION OFWILDLIFE Important Notice:(注意事项)英文本源自中华人民共和国务院法制局编译,中国法制出版社出版的中华人民共和国涉外法规汇编(1991 年 7 月版).当发生歧意时,应以法律法规颁布单位发布的中文原文为准.This English document is coming from the LAWS AND REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTER

2、S(1991.7)which is compiled by the Brueau of Legislative Affairs of the State Council of the Peoples Republic of China,and is published by the China Legal System Publishing House.In case of discrepancy,the original version in Chinese shall prevail.Whole Document(法规全文)LAW OF THE PEOPLES REPUBLIC OF CH

3、INA ON THE PROTECTION OF WILDLIFE(Adopted at the Fourth Meeting of the Standing Committee of the Seventh National Peoples Congress and promulgated by Order No.9 of the President of the Peoples Republic of China on November 8,1988,and effective as of March 1,1989)Contents Chapter I General Provisions

4、 Chapter II Protection of Wildlife Chapter III Administration of Wildlife Chapter IV Legal Responsibility Chapter V Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for the purpose of protecting and saving the species of wildlife which are rare or near extinctio

5、n,protecting,developing and rationally utilizing wildlife resources and maintaining ecological balances.Article 2 All activities within the territory of the Peoples Republic of China concerning the protection,domestication,breeding,development and tilization of species of wildlife must be conducted

6、in conformity with this Law.The wildlife protected under this Law refers to the species of terrestrial and aquatic wildlife which are rare or near extinction and the species of terrestrial wildlife which are beneficial or of important economic or scientific value.The wildlife referred to in the prov

7、isions of this Law means the wildlife which shall enjoy protection as prescribed in the preceding paragraph.As regards the protection of the species of aquatic wildlife other than those which are rare or near extinction,the provisions of the Fisheries Law shall apply.Article 3 名师资料总结-精品资料欢迎下载-名师精心整理

8、-第 1 页，共 7 页 -Wildlife resources shall be owned by the State.The State shall protect the lawful rights and interests of units and individuals engaged in the development or utilization of wildlife resources according to law.Article 4 The State shall pursue a policy of strengthening the protection of

9、wildlife resources,actively domesticating and breeding the species of wildlife,and rationally developing and utilizing wildlife resources,and encourage scientific research on wildlife.Units and individuals that have made outstanding achievements in the protection of wildlife resources,in scientific

10、research on wildlife,or in the domestication and breeding of wildlife shall be awarded by the State.Article 5 Citizens of the Peoples Republic of China shall have the duty to protect wildlife resources and the right to inform the authorities of or file charges against acts of seizure or destruction

11、of wildlife resources.Article 6 The governments at various levels shall strengthen the administration of wildlife resources and formulate plans and measures for the protection,development and rational utilization of wildlife resources.Article 7 The departments of forestry and fishery administration

12、under the State Council shall be respectively responsible for the nationwide administration of terrestrial and aquatic wildlife.The departments of forestry administration under the governments of provinces,autonomous regions and municipalities directly under the Central Government shall be responsib

13、le for the administration of terrestrial wildlife in their respective areas.The departments in charge of the administration of terrestrial wildlife under the governments of autonomous prefectures,counties and municipalities shall be designated by the governments of provinces,autonomous regions or mu

14、nicipalities directly under the Central Government.The departments of fishery administration under the local governments at or above the county level shall be responsible for the administration of aquatic wildlife in their respective areas.Chapter II Protection of Wildlife Article 8 The State shall

15、protect wildlife and the environment for its survival,and shall prohibit the illegal hunting,catching or destruction of wildlife by any unit or individual.Article 9 The State shall give special protection to the species of wildlife which are rare or near extinction.The wildlife under special state p

16、rotection shall consist of two classes:wildlife under first class protection and wildlife under second class protection.Lists or revised lists of wildlife under special state protection shall be drawn up by the department of wildlife administration under the State Council and announced after being s

17、ubmitted to and approved by the State Council.The wildlife under special local protection,being different from the wildlife under special state protection,refers to the wildlife specially protected by provinces,autonomous regions or municipalities directly under the Central Government.Lists of wildl

18、ife under special local protection shall be drawn up and announced by the governments of provinces,autonomous 名师资料总结-精品资料欢迎下载-名师精心整理-第 2 页，共 7 页 -regions or municipalities directly under the Central Government and shall be submitted to the State Council for the record.Lists or revised lists of terre

19、strial wildlife under state protection,which are beneficial or of important economic or scientific value,shall be drawn up and announced by the department of wildlife administration under the State Council.Article 10 The department of wildlife administration under the State Council and governments o

20、f provinces,autonomous regions and municipalities directly under the Central Government shall,in the main districts and water areas where wildlife under special state or local protection lives and breeds,designate nature reserves and strengthen the protection and administration of wildlife under spe

21、cial state or local protection and the environment for its survival.The designation and administration of nature reserves shall be effected in accordance with the relevant provisions of the State Council.Article 11 Departments of wildlife administration at various levels shall keep watch on and moni

22、tor the impact of the environment on wildlife.If the environmental impact causes harm to wildlife,the departments of wildlife administration shall conduct investigation and deal with the matter jointly with the departments concerned.Article 12 If a construction project produces adverse effects on th

23、e environment for the survival of wildlife under special state or local protection,the construction unit shall submit a report on the environmental impact.The department of environmental protection shall,in examining and approving the report,seek the opinion of the department of wildlife administrat

24、ion at the same level.Article 13 If natural disasters present threats to wildlife under special state or local protection,the local governments shall take timely measures to rescue them.Article 14 If the protection of wildlife under special state or local protection causes losses to crops or other l

25、osses,the local governments shall make compensation for them.Measures for such compensation shall be formulated by the governments of provinces,autonomous regions and municipalities directly under the Central Government.Chapter III Administration of Wildlife Article 15 The departments of wildlife ad

26、ministration shall regularly carry out surveys of wildlife resources and keep records of them.Article 16 The hunting,catching or killing of wildlife under special state protection shall be prohibited.Where the catching or fishing of wildlife under first class state protection is necessary for scient

27、ific research,domestication and breeding,exhibition or other special purposes,the unit concerned must apply to the department of wildlife administration under the State Council for a special hunting and catching license;where the catching or hunting of wildlife under second class 名师资料总结-精品资料欢迎下载-名师精

28、心整理-第 3 页，共 7 页 -state protection is intended,the unit concerned must apply to the relevant department of wildlife administration under the government of a province,an autonomous region or a municipality directly under the Central Government for a special hunting and catching license.Article 17 The

29、State shall encourage the domestication and breeding of wildlife.Anyone who intends to domesticate and breed wildlife under special state protection shall obtain a license.Administrative measures for such licenses shall be formulated by the department of wildlife administration under the State Counc

30、il.Article 18 Anyone who intends to hunt or catch wildlife that is not under special state protection must obtain a hunting license and observe the hunting quota assigned.Anyone who intends to hunt with a gun must obtain a gun license from the public security organ of the county or municipality conc

31、erned.Article 19 Anyone engaged in the hunting or catching of wildlife shall observe the prescriptions in his special hunting and catching license or his hunting license with respect to the species,quantity,area and time limit.Article 20 In nature reserves and areas closed to hunting,and during seas

32、ons closed to hunting,the hunting and catching of wildlife and other activities which are harmful to the living and breeding of wildlife shall be prohibited.The areas and seasons closed to hunting as well as the prohibited hunting gear and methods shall be specified by governments at or above the co

33、unty level or by the departments of wildlife administration under them.Article 21 The hunting or catching of wildlife by the use of military weapons,poison or explosives shall be prohibited.Measures for the control of the production,sale and use of hunting rifles and bullets shall be formulated by t

34、he department of forestry administration under the State Council jointly with the public security department,and shall enter into force after being submitted to and approved by the State Council.Article 22 The sale and purchase of wildlife under special state protection or the products thereof shall

35、 be prohibited.Where the sale,purchase or utilization of wildlife under first class state protection or the products thereof is necessary for scientific research,domestication and breeding,exhibition or other special purposes,the unit concerned must apply for approval by the department of wildlife a

36、dministration under the State Council or by a unit authorized by the same department.Where the sale,purchase or utilization of wildlife under second class state protection or the products thereof is necessary,the unit concerned must apply for approval by the department of wildlife administration und

37、er the government of the relevant province,autonomous region or municipality directly under the Central Government or by a unit authorized by the same department.Units and individuals that domesticate and breed wildlife under special state protection may,by presenting their domestication and breedin

38、g licenses,sell wildlife under special state protection or the products thereof,in accordance with the relevant regulations,to purchasing units designated by the government.The administrative authorities for industry and commerce shall exercise supervision and control over wildlife or the products t

39、hereof that are placed on the market.Article 23 名师资料总结-精品资料欢迎下载-名师精心整理-第 4 页，共 7 页 -The transportation or carrying of wildlife under special state protection or the products thereof out of any county must be approved by the department of wildlife administration under the government of the relevant p

40、rovince,autonomous region or municipality directly under the Central Government,or by a unit authorized by the same department.Article 24 The export of wildlife under special state protection or the products thereof,and the import or export of wildlife or the products thereof,whose import or export

41、is restricted by international conventions to which China is a party,must be approved by the department of wildlife administration under the State Council or by the State Council,and an import or export permit must be obtained from the state administrative organ in charge of the import and export of

42、 the species which are near extinction.The Customs shall clear the imports or exports after examining the import or export permit.The export of the species of wildlife involving scientific and technological secrets shall be dealt with in accordance with relevant provisions of the State Council.Artic

43、le 25 The forgery,sale or resale or transfer of special hunting and catching licenses,hunting licenses,domestication and breeding licenses,and import and export permits shall be prohibited.Article 26 Where any foreigner intends,in the territory of China,to make surveys of or to film or videotape wil

44、dlife under special state protection in the field,he must apply for approval by the department of wildlife administration under the State Council or by a unit authorized by the same department.The establishment of hunting grounds open to foreigners must be approved by the department of wildlife admi

45、nistration under the State Council.Article 27 Anyone engaged in the utilization of wildlife or the products thereof shall pay a fee for the protection and administration of wildlife resources.The schedule of the fee and the procedure for collecting,it shall be formulated by the department of wildlif

46、e administration under the State Council jointly with the financial and pricing authorities and shall enter into force after being submitted to and approved by the State Council.Article 28 Anyone who has caused losses to crops or other losses while hunting or catching wildlife shall be held responsi

47、ble for compensation.Article 29 The local governments concerned shall take measures to prevent and control the harm caused by wildlife so as to guarantee the safety of human beings and livestock and ensure agricultural and forestry production.Article 30 The administrative measures for wildlife under

48、 special local protection and for other wildlife that is not under special state protection shall be formulated by the standing committees of the peoples congresses of provinces,autonomous regions and municipalities directly under the Central Government.Chapter IV Legal Responsibility Article 31 名师资

49、料总结-精品资料欢迎下载-名师精心整理-第 5 页，共 7 页 -Anyone who illegally catches or kills wildlife under special state protection shall be prosecuted for criminal responsibility in accordance with the supplementary provisions on punishing the crimes of catching or killing the species of wildlife under special state pr

50、otection which are rare or near extinction.Article 32 If anyone,in violation of the provisions of this Law,hunts or catches wildlife in an area or during a season closed to hunting or uses prohibited hunting gear or methods for the purpose,his catch,hunting gear and unlawful income shall be confisca