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

tion by the State. While other species of wildlife imported from abroad may， after the examination and identification by the competent department of forestry administration under the people's government of the relevant province， autonomous region o

r municipality directly under the Central Government， be considered as the wildlife under local special protection.

　　Chapter V Administration of Business Operation and Utilization of Wildlife

　　Article 25 Any unit purchasing wildlife of domestication and breeding under special protection by the State or the products thereof shall be proposed 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 with consultation with the parties concerned， and approved by the people's government at the same level or the department authorized thereby， and an application， with the documents of approval attached， shall be made to the administrative authorities for industry and commerce for record and registration.

　　No unit approved for registration according to the preceding paragraph may purchase the wildlife under special protection by the State or the products thereof that is not permitted to be sold.

　　Article 26 Anyone engaged in the business operation or utilization of wildlife not under special protection by the State or the products thereof shall apply to the administrative authorities for industry and commerce for record and registration.

　　Units or individuals approved and registered to be engaged in the business operation or utilization of wildlife not under special protection by the State or the products thereof shall engage in the business operation or utilization thereof within the limitation of the annual quota 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 or by a department authorized thereby.

　　Article 27 The sale and purchase of species of wildlife under special protection by the State or the products thereof in the market place shall be prohibited.

　　If any unit or individual with hunting license intends to sell the lawfully obtained wildlife not under special protection by the State or the products thereof， the sale shall be made in conformity with the species and quantity specified in the hunting license to the unit which has been approved for registration or in the market place designated by the department concerned under the local people's government.

　　Article 28 The competent department of wildlife 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 over the business operation and utilization of wildlife or the products thereof， and to enhance the supervision and control over the business operation and utilization of wildlife or the products thereof.

　　Transactions of wildlife or their products inside fair markets shall be supervised and managed by the administration authorities for industry and commerce； while those outside fair markets shall be supervised and managed by the departments of wildlife administration， the administration authorities for industry and commerce or units authorized by them.

　　Article 29 An application shall be made to the competent department of wildlife administration under the people's government at the county level by attached with the special hunting and catching license and the domestication and breeding license， if transportation or carrying of wildlife under special protection by the State or the products thereof is to be made out of a county. The application shall be submitted to 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 or by a department authorized thereby. If the transportation of wildlife under special protection by the State is necessary for the b

reeding of wildlife 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 forestry administration at the same level.

　　Article 30 With respect to the export of wildlife under special protection by the State or the products thereof， and the import or export of wildlife or the products thereof which are restricted by international conventions to which China is a party， an application for examination shall be made 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 unit or individual concerned is located. Such application shall be submitted to and approved by the competent department of forestry administration under the State Council or by the State Council. Where the import or export is made for trade purposes， same must be undertaken by the unit which has the right to be engaged in import and export trade.

　　Where any zoo intends to import or export wildlife described in the preceding paragraph for the purpose of mutual exchanges， same shall be examined and approved by the competent department of construction administration under the State Council， before the application thereof has been approved by the competent department of forestry administration under the State Council or submitted to the State Council for the approval by the competent department of forestry administration under the State Council.

　　Article 31 The economic benefits derived from the exhibition of wildlife or the products thereof in foreign countries and from other activities shall be mainly used for the purpose of wildlife protection.

　　Chapter VI Awards and Penalties

　　Article 32 Any unit or individual that has achieved any of the following deeds shall be awarded by the people's government at or above the county level or by the competent department of wildlife administration thereunder：

　　（1） Where outstanding contribution has been made in the survey of wildlife resources and protection and maintenance， public education， development and utilization；

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

　　（3） Where outstanding achievements have been made in the rescue， protection， domestication and breeding of precious and endangered species of wildlife；

　　（4） Where any act of violation of laws and regulations on wildlife protection has been stopped in time or has been honoured for the prosecution thereof；

　　（5） Where outstanding contribution has been made in the handling of cases of damage to wildlife resources；

　　（6） Where great achievements have been made in the scientific research of wildlife or remarkable benefits have been gained in the application of the results of scientific research；

　　（7） Where five years or more have been worked continuously in the grass-roots unit on the protection and maintenance of wildlife and outstanding achievements have been made；

　　（8） Where other special contribution has been made in the protection and maintenance of wildlife.

　　Article 33 Illegal catching or killing of wildlife under special protection by the State shall be liable to be prosecuted in accordance with the Supplementary Provisions on the Punishment of Crimes for Catching or Killing Precious or Endangered Species of Wildlife Under Special Protection by the State promulgated by the Standing Committee of the National People's Congress of the People's Republic of China， if the case is obviously not serious and the damage is a minor one， or the circumstances of the offence are to slight to be puni

shed， the department of wildlife administration shall confiscate the capture quarries， hunting and catching gears and the illegal income obtained therefrom， and revoke the special hunting and catching license， besides a fine of below ten times the value of the capture quarries or， in case there is no capture quarry， a fine below 10，000 yuan （RMB） shall be imposed.

　　Article 34 Anyone， in violation of the provisions of the laws and regulations on wildlife protection， hunting or catching wildlife in non hunting area or during a season closed to hunting， or using prohibited hunting gear or methods for the hunting and catching of wildlife which are not under special protection by the State， shall be imposed a fine in accordance with the provisions of Article 32 of the Law on the Protection of Wildlife， and the fine shall be imposed according to the following stipulations：

　　（1） In case there are capture quarries， a fine below eight times the value of the capture quarries shall be imposed；

　　（2） In case there is no capture quarry， a fine below 2，000 yuan （RMB） shall be imposed.

　　Article 35 Anyone， in violation of the provisions of the laws and regulations on wildlife protection， hunting or catching wildlife which are not under the special protection by the State without a hunting license or in violation of the stipulations of the hunting license， shall be imposed a fine in accordance with provisions of Article 33 of the Law on the Protection of Wildlife， and the fine shall be imposed according to the following stipulations：

　　（1） In case ther

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