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
2009-03-24 法律英语 来源:互联网 作者: ℃(4) Where any act of violation of laws and regulations on wild aquatic animal protection has been stopped in time or anyone who is credited with reporting the violation thereof;
> (5) Where outstanding contribution has been made in the handling of cases of damage to wild aquatic animal resources;
(6) Where great achievements have been made in the scientific research of wild aquatic animal or remarkable benefits have been gained in the application and extension of the results of scientific research;
(7) Where five years or more have been spent continuously in a grass-root unit on the protection and maintenance of wild aquatic animal and outstanding achievements have been made;
(8) Where other special contribution has been made in the protection and maintenance of wild aquatic animal.
Article 26 Illegal catching or killing of wild aquatic animal under special protection by the State shall be liable to be prosecuted for criminal responsibility in accordance with the Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Catching or Killing Precious and Endangered Species of Wildlife Under Special State Protection; if the case is obviously not serious enough and the damage is a minor one, or the circumstances of the offence are too light to be punished, the competent department of fishery administration shall confiscate the captured quarries, catching gears and the illegal income obtained therefrom, and revoke the special catching license, and impose a fine of below ten times the value of the captured quarries or, in case there is no captured quarry, a fine below 10,000 RMB yuan shall be imposed.
Article 27 Anyone, in violation of the provisions of the laws and regulations on wildlife protection, destroying the main areas where wild aquatic animal under special protection by the State or local authorities lives and breeds in natural reserves for wild aquatic animal shall be imposed a fine in accordance with the provisions of Article 34 of the Law on the Protection of Wildlife, and the fine range shall be below three times the cost for the restoration thereof.
Article 28 Where anyone in violation of the provisions of the laws and regulations on wildlife protection, sells, purchases, transports or carries wild aquatic animal under special protection by the State or local authorities or the products thereof, such wild aquatic animal and products and unlawful income obtained therefrom shall be confiscated by the administrative authorities for industry and commerce or by the competent department of fishery administration authorized thereby, and a fine below ten times the value thereof shall be imposed.
Article 29 Anyone forging, speculatively selling or transferring a domestication and breeding license shall be imposed a fine below 5,000 RMB yuan in accordance with the provisions of Article 37 of the Law on the Protection of Wildlife. Anyone forging, speculatively selling or transferring special hunting and catching license or an import or export permit shall be imposed a fine below 50,000 RMB yuan in accordance with the provisions of Article 37 of the Law on the Protection of Wildlife.
Article 30 Where anyone, in violation of the provisions of the laws and regulations on wildlife protection, domesticates or breeds aquatic wildlife under special protection by the State without domestication or breeding license or domesticates or breeds wild aquatic animal under special protection by the State beyond those specified in the domestication and breeding license, his unlawful income shall be confiscated by the competent department of fishery administration, and a fine below 3,000 RMB yuan shall be imposed; the species of wild aquatic animal may be concurrently confiscated and the domestication and breeding license may be revoked.
Article 31 Where any foreigner makes scientific surveys, collects specimens or makes films or videos of wild aquatic animal under special protection by the State in the field within the territory of China without approval, the da
ta of survey and film and video shooting and the specimens collected by him shall be confiscated by the competent department of fishery administration, and he may concurrently be imposed a fine below 50,000 RMB yuan.
Article 32 Anyone who has committed any of the following acts being not so serious as to constitute a crime shall, in accordance with the provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security, be punished by the public security organs:
(1) Refusing or impeding the fishery inspectors to carry out their duty in accordance with law;
(2) Stealing, robbing or intentionally damaging instruments, devices or facilities for protection of wildlife.
Article 33 The wildlife or the products thereof confiscated in accordance with the provisions of the laws and regulations on wildlife protection shall be dealt with according to the provisions made by the competent department of fishery administration under the State Council.
Chapter V Supplementary Provisions
Article 34 The competent department of fishery administration under the State Council shall be responsible for the interpretation of the Regulations.
Article 35 The Regulations shall come into force on the date of promulgation
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