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中华人民共和国陆生野生动物保护实施条例 REGULATIONS FOR THE IMPLEMENTATION OF THE PEOPLES REPUBLIC OF CHINA ON THE PROTE

2009-03-24 法律英语 来源:互联网 作者:
mpetent department of forestry administration before it is submitted to the competent department of forestry 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 hunting or catching license.

  The department responsible for issuing the special hunting or catching license shall decide to approve or disapprove the application within three months from the receipt of the application.

  Article 13 No special hunting or catching license shall be issued under any of the following circumstances:

  (1) Where there are legal and non catching or non hunting method available to the applicant to obtain the species of wildlife under special protection by the State or the products thereof or to fulfil the applicant's purpose;

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

  (3) The catching or hunting is not justified taking into consideration the situation of wildlife resources;

  Article 14 The unit or individual that has obtained the special hunting or catching license shall observe the stipulations contained therein with respect to the species, quantity, area, time limit, gear and method of hunting or catching, in order to prevent the wildlife from accidental injury and their living environment from accidental damage. After the completion of hunting or catching, an application for examination shall be made within ten days to the competent department of wildlife administration under the relevant people's government at county level.

  The competent department of wildlife administration under the people's government at county level shall exercise supervision and inspection over the hunting and catching of wildlife under special protection by the State within their respective administrative area, and timely report the results of supervision and i

nspection to the department by which the hunting and catching application had been approved.

  Article 15 Those engaging in the hunting or catching of wildlife not under special protection by the State must have the hunting license, and shall observe the stipulations contained therein with respect to the species, quantity, area, time limit, gear and method of hunting.

  The hunting license shall be made by the competent department of forestry administration under the relevant people's government of the province, autonomous region or municipality directly under the Central Government in accordance with the stipulations formulated by the competent department of forestry administration under the State Council, and shall be issued by the competent department of wildlife administration under local people's government at or above the county level or by a department authorized thereby.

  The hunting license shall be examined once a year.

  Article 16 The competent departments of forestry administration under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall, on the basis of the current situation of non protected species of wildlife resources within their respective administrative areas, decide the species of wildlife for hunting, and control the annual quota of hunting and catching of wildlife species. The species of wildlife for hunting and the annual quota of hunting and catching shall be drawn up by the competent department of wildlife administration under the people's government at the county level in the light of the principles of preserving resources and sustainable utilization, and approved by the competent department of forestry administration under the people's government of the relevant province, autonomous region or municipality directly under the Central Government, and submitted to the competent department of forestry administration under the State Council for the record.

  Article 17 The hunting activities shall be planned and organized by the competent department of wildlife administration under the local people's government at or above the county level.

  The establishment of hunting sites in the appropriate areas shall be approved by the competent department of forestry administration under the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

  Article 18 The utilization of military weapons, air guns, poison, explosives, ground guns, rifles in group, hunting devices not directly operated by man and threatening the safety of livestock or human beings, illuminated hunting at night, annihilation hunting by means of encirclement, fire attack, smoke attack and other hunting gears and methods prohibited by the stipulations of the people's government at or above the county level or its competent department of wildlife administration shall be prohibited.

  Article 19 Field survey or scientific research on wildlife under special protection by the State undertaken by scientific research bodies or educational institutions shall be arranged by the competent department of forestry administration under the State Council if the wildlife species involved are those under first class protection by the State, where as similar arrangement shall be made by the competent department of forestry administration under the people's government of the relevant province, autonomous region or municipality directly under the Central Government if the wildlife species involved are under second class protection by the State, and the local competent department of wildlife administration shall give support to such survey or research.

  Article 20 Any foreigner intending to make field surveys or to collect specimens or to make film or videos of wildlife under special protection by the State in the territory of China must apply to the competent d

epartment of forestry administration under the people's government of the relevant province, autonomous region or municipality directly under the Central Government where the relevant species of wildlife under special protection by the State exist. After such application has been examined by the above said department, it shall be submitted to and approved by the competent department of forestry administration under the State Council or by a body authorized thereby.

  Article 21 Any foreigner engaging in hunting in the territory of China must observe the relevant provisions of laws and regulations of China, and hunt in the hunting sites open to foreigners that have been approved by the competent department of forestry administration under the State Council.

  Chapter IV Administration of Domestication and Breeding of Wildlife

  Article 22 A domestication and breeding license is required for the domestication and breeding of wildlife under special protection by the State. Where production and economic results are the major objectives of the domestication and breeding of wildlife under special protection by the State, an application must be made to the administrative authorities for industry and commerce for record and registration by presenting the domestication and breeding licenses there to.

  The competent department of forestry administration under the State Council and the competent departments of forestry administration under the people's governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government may, in light of the circumstances of the case, entrust the departments concerned at same level to approve or issue the domestication and breeding licenses of wildlife under special protection by the State. The competent department of forestry administration may entrust the competent department of construction administration at the same level to issue the domestication and breeding licenses if any zoo intends to domesticate and breed wildlife under special protection by the State.

  The domestication and breeding licenses shall be made by the competent department of forestry administration under the State Council.

  Article 23 With respect to the species of wildlife imported or introduced from abroad or from other provinces, autonomous regions or municipalities directly under the Central Government for the purposes of domestication and breeding, appropriate measures shall be adopted to prevent the wildlife from escaping; if it is necessary to release the species of wildlife, the unit concerned shall apply to the local competent department of forestry administration under the people's government of the relevant province, autonomous region or municipality directly under the Central Government, and such an application shall be submitted to and approved by the competent department of forestry administration under the State Council or by a department authorized thereby, after being proved by the research institute designated by the competent department of forestry administration under the people's government at or above the provincial level.

  If the imported wildlife has been released without authorization or has escaped owing to improper handling, same shall be recaptured within a prescribed time limit or other remedial measures must be taken, as ordered by the competent department of wildlife administration.

  Article 24 The precious and endangered species of wildlife imported from abroad may, after the examination and identification by the competent department of forestry administration under the State Council, be considered as the species of wildlife under special protec

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