国务院关于《中华人民共和国水生野生动物保护实施条例》的批复 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA FOR THE IMPLEMENTATION OF

国函（1993）130号
（Approved by the State Council on September 17， 1993 and promulgated by Decree No. 1 of the Ministry of Agriculture on October 5， 1993）
颁布日期：19931005 　实施日期：19931005 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated in accordance with the provisions of the Law of the People's Republic of China on the Protection of Wildlife （hereinafter referred to as the Law on the Protection of Wildlife）。

　　Article 2 The term “wild aquatic animal” mentioned in these Regulations refers to the species of wild aquatic animal which are precious or being endangered； whereas the “products of wild aquatic animal” refers to any part of the species of wild aquatic animal which are precious or being endangered and their derivatives.

　　Article 3 The competent department of fishery administration under the State Council shall be responsible for the nationwide administration of wild aquatic animal.

　　The competent department of fishery administration under the people's governments at or above the county level shall be responsible for the administration of wild aquatic animal in their respective administrative areas.

　　The administrative sanction rights stipulated in the Law of the People's Republic of China on the Protection of Wildlife and these Regulations shall be exercised by departments of fishery administration or their subordinate fishery superintendency agencies.

　　Article 4 The people's governments at or above the county level and their relevant authorities shall encourage and support the relevant research or teaching institutions in undertaking scientific research on wild aquatic animal.

　　Article 5 The competent department of fishery administration and their fishery superintendency agency shall have the right to supervise and inspect the implementation of the Law on the Protection of Wildlife and these Regulations， whereas all units and individuals subject to inspection shall have the obligation to be prepared for such inspection.

　　Chapter II Protection of Wild Aquatic Animal

　　Article 6 The competent department of fishery administration under the State Council and the competent departments of fishery administration under the people's governments of the provinces， autonomous regions and municipalities directly under the Central Government shall regularly carry out surveys of wild aquatic animal resources and keep records of them so as to provide the basis for the planning of the protection and development of wild aquatic animal resources and the preparation of the list or revised list of wild aquatic animal under special protection by the State or local authorities.

　　Article 7 The competent departments of fishery administration shall organize all possible social forces and adopt effective measures to maintain and improve the living environment of wild aquatic animal and to protect and increase wild aquatic animal resources.

　　Any damage to the living and breeding waters and areas or the living conditions of wild aquatic animal under special protection by the State or local authorities by any unit or individual shall be prohibited.

　　Article 8 Any unit or individual shall have the right to report and charge the conduct of seizing or destroying wild aquatic animal resources to the local departments of fishery administration and their subordinate fishery superintendency agencies.

　　Article 9 If any injured， stranded or strayed wild aquatic animal is found in a harbor or a branch of a river by any unit or individual， the same should be promptly reported to the local department of fishery administration or their fishery superintendency agencies which shall take emergency measures to rescue. Alternately， the nearby unit which is capable of rendering rescue can be asked to take emergency first-aid measures to rescue such wild aquatic animal， and report to the fi

shery administration.

　　Dead wild aquatic animal should be appropriately handled by the competent department of fishery administration. Wild aquatic animal caught by mistake in fishing operation should be freed at once without any condition.

　　Article 10 If the protection of wild aquatic animal under special protection by the State or local authorities causes losses， claim for compensation may be made to the competent department of fishery administration under the local people's government. If after investigation， it has been established that the loss has actually occurred and the compensation is necessary， such compensation shall be made by the local people's government in accordance with the relevant provisions of the people's government of the relevant province， autonomous region or municipality directly under the Central Government.

　　Article 11 The competent department of fishery administration under the State Council and the people's governments of provinces， autonomous regions and municipalities directly under the Central Government shall， in the main districts and water areas where wild aquatic animal under special State or local protection lives and breeds， designate natural reserves for wild aquatic animal and strengthen the protection and administration of wild aquatic animal under special State or local protection and of the environment for its survival. Concrete administrative measures shall be formulated separately by the State Council.

　　Chapter III Administration of Wild Aquatic Animal

　　Article 12 The catching or killing of wild aquatic animal under special protection by the State shall be prohibited.

　　If， under any of the following cases， the catching of wild aquatic animal under special protection by the State is necessary， the organization concerned must apply for a special catching license.

　　（1） Where the wild aquatic animal has to be caught for the purpose of scientific exploration and survey of resources；

　　（2） Where the origin of the wild aquatic animal has to be obtained from natural waters or areas for the purpose of domestication and breeding thereof under special protection by the State；

　　（3） Where the wild aquatic animal under special protection by the State has to be obtained from natural waters or areas for the purpose of undertaking scientific research above the provincial level or the production of medicine assigned by the State；

　　（4） Where the wild aquatic animal under special protection by the State has to be obtained from natural waters or areas for the purpose of propagation and popularization of knowledge about aquatic wildlife or for the purpose of education or exhibition；（5） Be caught for other special reasons.

　　Article 13 The procedures for the application for special license for catching wild aquatic animal：

　　（1） Where the catching of wild aquatic animal under class I State protection is necessary， the application must be made to the competent department of fishery administration under the State Council for a special catching license， and attached with the views of the competent department of fishery administration under the people's government of the province， autonomous region or municipality directly under the Central Government where the applicant's place of residence is located and where the catching is to be carried out；

　　（2） Where the catching of wild aquatic animal under class II State protection is to be carried out in the applicant's own province， autonomous region or municipality directly under the Central Government， the applicant must apply to the competent department of fishery administration under the people's government of the province， autonomous region or municipality directly under the Central Government for a special catching license， and be attached with the views of the competent department of fishery administration under the people's government at the co

unty level， where the applicant's residence is located；

　　（3） Where the catching of wild aquatic animal under class II State Protection is to be carried out across the borders of different provinces， autonomous regions or municipalities directly under the Central Government， the applicant must apply to the competent department of fishery administration under the people's governments of the provinces， autonomous regions or municipalities directly under the Central Government where the catching is to be carried out for a special catching license， the application shall be attached with the views of the competent department of fishery administration under the people's government of the province， autonomous region or municipality directly under the Central Government where the applicant's residence is located.

　　Any zoo applying for the catching of the wild aquatic animal under class I State protection shall have the application examined and approved by the competent department of construction administration under the State Council before it is submitted to the competent department of fishery administration under the State Council for a special catching license. Where the catching of wild aquatic animal under class II State protection is to be carried out， the application shall be examined and approved by the competent department of construction administration under the government at the same level with the competent department of fishery administration before it is submitted to competent department of fishery administration under the people's government of the relevant province， autonomous region or municipality directly under the Central Government where the applicant's residence is located for a special catching license.

　　The department responsible for issuing the special catching license shall decide to approve or disappr

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