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

ove the application within three months from the date of receipt of the application.

　　Article 14 No special catching license shall be issued under any of the following circumstances：

　　（1） Where there are legal and non-catching method available to the applicant to obtain the origin of the species of wild aquatic animal under special protection by the State or the products thereof or to fulfill the applicant's purpose；

　　（2） The application made is not in conformity with the relevant provisions of the State， or the applicant's gear or catching method is inappropriate， or the season or location for catching is not suitable；

　　（3） The catching is not justified taking into consideration the situation of wild aquatic animal resources.

　　Article 15 The unit or individual that has obtained the special catching license shall observe the stipulations contained therein with respect to the species， quantity， area， time limit， gear and method of catching， in order to prevent the wild aquatic animal from accidental injury and their living environment from accidental damage.

　　After the completion of catching， an application for examination shall be made in time to the competent department of fishery administration or their subordinate fishery superintendency agency under the relevant people's government at county level.

　　The competent department of fishery administration or their fishery superintendency agency under the people's government at the county level shall exercise supervision and inspection over the catching of wild aquatic animal under special protection by the State within their respective administrative area， and timely report the results of supervision and inspection to the department by which approval for the catching has been granted.

　　Article 16 Any foreigner intending to make scientific surveys or to collect specimens or to make films or videos of wild aquatic animal under special protection by the state in the territory of China must apply to the competent department of fishery administration under the people's gov

ernment of the relevant province， autonomous region or municipality directly under the Central Government where the relevant species of wild aquatic animal under special protection by the State exist. After such application has been examined by the above said department， it shall be submitted to the competent department of fishery administration under the State Council or by a body authorized thereby for approval.

　　Article 17 A domestication and breeding license is required for the domestication and breeding of wild aquatic animal under class I special protection by the State， to be issued by the competent department of the fishery administration under the State Council. A domestication and breeding license is required for the domestication and breeding of wild aquatic animal under class II special protection by the State， to be issued by the competent department of fishery administration under the people's governments of the relevant provinces， autonomous regions or municipalities directly under the Central Government.

　　The competent department of fishery administration may entrust the competent department of construction administration at the same level to issue domestication and breeding licenses if any zoo intends to domesticate and breed wild aquatic animal under special protection by the State.

　　Article 18 The sale and purchase of wild aquatic animal under special State protection or the products thereof shall be prohibited. Where the sale， purchase or utilization of wild aquatic animal under class I State protection or the products thereof is necessary for scientific research， domestication and breeding， exhibition or other special purposes， the unit concerned must put forward the application to the competent department of fishery administration under the people's government of the relevant provinces， autonomous regions and municipalities directly under the Central Government， which shall， together with its remarks， submit the application to the competent department of fishery administration under the State Council for approval. Where the sale， purchase or utilization of wild aquatic animal under class II State protection or the products thereof is necessary， the unit concerned must submit the application to the competent department of fishery administration under the people's government of the relevant province， autonomous region or municipality directly under the Central Government for approval.

　　Article 19 The competent department of fishery administration and the administrative authorities for industry and commerce under the people's government at or above the county level shall establish a system of supervision and inspection of the business operation and utilization of wild aquatic animal or the products thereof， and to enhance the supervision and control over the business operation and utilization of wild aquatic animal or the products thereof.

　　Transactions of wild aquatic animal or their products at country fairs shall be supervised and managed by the administrative authorities for industry and commerce， with the assistance of the competent department of fishery administration， while those transactions outside the country fairs shall be supervised and managed by the competent department of fishery administration， the administrative authorities for industry and commerce or units authorized by them.

　　Article 20 An application shall be made to the competent department of fishery administration under the people's government at the county level， attached with the special catching license or the domestication and breeding license， if transportation or carrying of wild aquatic animal under special protection by the State or the products thereof is to be effected out of a county. The application shall be submitted to and approved by the competent department of fishery administration under the people's government of the relevant province， autonomous region or municip

ality directly under the Central Government or by a department authorized thereby. If the transportation of wild aquatic animal under special protection by the State is necessary for the breeding of wild aquatic animal among different zoos， the application for the transportation shall be approved by the competent department of construction administration under the people's government of the relevant province， autonomous region or municipality directly under the Central Government authorized by the competent department of fishery administration at the same level.

　　Article 21 the transportation， railway， civil aviation administration and postal enterprises should inform the relevant administration in time to handle the wild aquatic animal or products thereof which have no lawful transport certificate， and are not allowed to carry， accept and send the above-mentioned items by post.

　　Article 22 With respect of the species of wild aquatic animal to be imported or introduced from abroad， the unit concerned shall apply to the competent department of fishery administration under the people's government of the relevant province， autonomous region or municipality directly under the Central Government， and such application shall be submitted to and approved by the competent department of fishery administration under the State Council， after going through scientific authentication by the science research institution designated by the competent department of fishery administration under the people's government at or above the provincial level.

　　Article 23 With respect to the export of wild aquatic animal under special protection by the State or the products thereof， and the import or export of wild aquatic animal or products thereof which are restricted by international conventions to which China is a party， an application shall be filed to the 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 unit or individual concerned is located for scrutiny. Such application shall then be submitted to and approved by the competent department of fishery administration under the State Council. Where the import or export is made for trade purposes， the same must be undertaken by the unit which has the right to be engaged in import and export trade in the relevant commodities.

　　Where any zoo intends to import or export wild aquatic animal described in the preceding paragraph for the purpose of mutual exchanges， the same shall be scrutinized and agreed to by the competent department of construction administration under the State Council， pending submission to the competent department of fishery administration under the state Council for approval.

　　Article 24 The economic benefits derived from the exhibition of wild aquatic animal or the products thereof and from other activities shall be mainly used for the purpose of wild aquatic animal protection.

　　Chapter IV Awards and Penalties

　　Article 25 Any unit or individual that has achieved any of the following deeds shall be rewarded by the people's government at or above the county level or by the competent department of fishery administration thereunder：

　　（1） Where outstanding contribution has been made in the survey of wild aquatic animal resources， protection and maintenance， propagation and public education， as well as development and utilization；

　　（2） Where outstanding achievements have been scored in the implementation of laws and regulations on wildlife protection；

　　（3） Where outstanding achievements have been made in the rescue， protection， domestication a

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