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

e are capture quarries， a fine below five times the value of the capture quarries shall be imposed；

　　（2） In case there is no capture quarry， a fine below 1，000 yuan （RMB） shall be imposed.

　　Article 36 Anyone， in violation of the provisions of the laws and regulations on wildlife protection， destroying the main areas where wildlife under special protection by the State or local authorities lives and breeds in nature reserves or areas closed to hunting， shall be imposed a fine in accordance with the provisions of Article 34 of the Law on the Protection of Wildlife， and the fine shall be imposed below three times the cost for the restoration thereof.

　　Where the main areas in which wildlife not under special protection by the State or local authorities lives and breeds in nature reserves or areas closed to hunting are destroyed， the competent department of wildlife administration shall order to stop the destructive action and to restore these areas to their original state within a prescribed time limit， besides， a fine below two times the cost for restoration thereof shall be imposed.

　　Article 37 Where anyone in violation of the provisions of the laws and regulations on wildlife protection， sells， purchases， transports or carries wildlife under special protection by the State or local authorities or the products thereof， such wildlife and products and his unlawful income obtained therefrom shall be confiscated by the administrative authorities for industry and commerce or by the competent department of wildlife administration authorized thereby， and a fine below ten times the value thereof shall be imposed.

　　Article 38 Anyone forging， selling or transferring a hunting license or a domestication or breeding license shall be imposed a fine below 5，000 yuan （RMB） in accordance with the provisions of Article 37 of the Law on the Protection of Wildlife. Anyone forging， selling or transferring special hunting and catching license or an import or export permit shall be imposed a fine below 50，000 yuan （RMB） in accordance with the provisions of ~24. Article 37 of the Law on the Protection of Wildlife.

　　Article 39 Where anyone， in violation of the provisions of the laws and regulations on wildlife protection， domesticates or breeds wildlife under special protection by the State without domestication or breeding li

cense or domesticates or breeds the wildlife under special protection by the State beyond those specified in the domestication or breeding license， his unlawful income shall be confiscated by the competent department of wildlife administration， and a fine below 3，000 yuan （RMB） shall be imposed； besides， the species of wildlife may be concurrently confiscated and the domestication and breeding license may be revoked.

　　Article 40 Where any foreigner makes surveys， collects specimens or makes films or videos of wildlife under special protection by the State in the field within the territory of China without being approved， the data of survey and shooting and the specimens collected by him shall be confiscated by the competent department of wildlife administration， and he may concurrently be imposed a fine below 50，000 yuan （RMB）。

　　Article 41 Anyone who has committed any of the following acts being not so serious as to constitute a crime shall， in accordance with the provisions on Penalties for Violation of Public Security Regulations， be punished by the public security organs：

　　（1） Refusing or impeding the staff of wildlife administration to carry out their duty；

　　（2） Stealing， robbing or intentionally damaging instruments， devices or facilities for protection of wildlife；

　　（3） Stealing， robbing or snatching the species of wildlife that are not under special protection by the State or the products thereof；

　　（4） Hunting or catching without being approved a small number of wildlife that are not under special protection by the State.

　　Article 42 Where anyone has violated the provisions of the laws and regulations on wildlife protection and has been ordered to recapture the wildlife or to carry out the restoration within a prescribed time limit but has failed to do so， there capture or restoration may be carried out by the competent department of wildlife administration or the department authorized thereby， and the total cost for recapture or restoration shall be borne by the violator that has been ordered to do the recapture or restoration.

　　Article 43 Anyone who has violated the provisions of the laws and regulations on wildlife protection， if the case is so serious as to constitute a crime， shall be liable to be prosecuted.

　　Article 44 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 forestry administration under the State Council.

　　Chapter VII Supplementary Provisions

　　Article 45 The competent department of forestry administration under the State Council shall be responsible for the interpretation of these Regulations.

　　Article 46 These Regulations shall come into force as of the date of promulgation

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