Law of the People's Republic of China on the Protection of Wildlife (Revised in 2016)
Law of the People's Republic of China on the Protection of Wildlife (Revised in 2016)
Law of the People's Republic of 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 Committee of the Twelfth National People's Congress on July 2, 2016, is now promulgated and will take effect as of January 1, 2017.
Xi Jinping, President of the People's Republic of China
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, amended for the first time according to the Decision 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 amended for the second time 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 at or 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 a timely 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 fishery departments of the people's governments at or 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 dissemination 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 disseminating wildlife protection laws and regulations as well as relevant protection knowledge.
Educational administrative departments and schools shall provide students with education on wildlife protection knowledge.
News media shall publicize wildlife protection laws, regulations, and relevant knowledge as well as conduct media supervision in respect of illegal acts.
Article 9 Organizations and individuals that have made outstanding achievements in wildlife protection and scientific research shall be rewarded by the people's governments at or above the county level.
Chapter II Protection of Wildlife and its Habitat
Article 10 The State shall classify and conduct hierarchical protection of 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 at or 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; and
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.
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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 Committee of the Twelfth National People's Congress on July 2, 2016, is now promulgated and will take effect as of January 1, 2017.
Xi Jinping, President of the People's Republic of China
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, amended for the first time according to the Decision 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 amended for the second time 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 at or 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 a timely 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 fishery departments of the people's governments at or 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 dissemination 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 disseminating wildlife protection laws and regulations as well as relevant protection knowledge.
Educational administrative departments and schools shall provide students with education on wildlife protection knowledge.
News media shall publicize wildlife protection laws, regulations, and relevant knowledge as well as conduct media supervision in respect of illegal acts.
Article 9 Organizations and individuals that have made outstanding achievements in wildlife protection and scientific research shall be rewarded by the people's governments at or above the county level.
Chapter II Protection of Wildlife and its Habitat
Article 10 The State shall classify and conduct hierarchical protection of 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 at or 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; and
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.
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