Decision of the Standing Committee of the National Peoples Congress on Amending the Law of the Peopl

（Adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28， 2004）

颁布日期：20040828 　实施日期：20040828 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.24

　　The Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Protection of Wildlife， adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 28， 2004， is hereby promulgated shall go into effect as of the date of its Promulgation.

　　Hu Jintao

　　President of the People's Republic of China

　　August 28， 2004

　　At its 11th Meeting， the Standing Committee of the Tenth National People's Congress decided to amend the Law of the People's Republic of China on the protection of Wildlife as follows：

　　The second paragraph of Article 26 is revised to read， “The establishment of hunting grounds open to foreigners shall be registered with the administrative department for wildlife under the State Council.”

　　This Decision shall go into effect as of the date of its promulgation.

　　The Law of the People's Republic of China on the Protection of Wildlife shall be promulgated anew after the revision is made according to this Decision.

　　Law of the People's Republic of China on the Protection of Wildlife

　　（Adopted at the Fourth Meeting of the Standing Committee of the Seventh National People's Congress on November 8， 1988， and amended according to the Decision on Amending the Law of the People's Republic of China on the Protection of Wildlife， adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28， 2004）

　　Contents

　　ChapterⅠGeneral Provisions

　　ChapterⅡProtection of Wildlife

　　ChapterⅢAdministration of Wildlife

　　ChapterⅣLegal Responsibility

　　ChapterⅤSupplementary Provisions

　　ChapterⅠ

　　General Provisions

　　Article 1 This Law is formulated for the purpose of protecting and saving the species of wildlife which are rare or near extinction， protection， developing and rationally utilizing wildlife resources and maintaining ecological balances.

　　Article 2 All activities within the territory of the People's Republic of China concerning the protection， domestication， breeding， development and utilization of species of wildlife must be conducted in conformity with this Law.

　　The wildlife protected under this Law refers to the species of terrestrial and aquatic wildlife which are rare or near extinction and the species terrestrial wildlife which are beneficial or of important economic or scientific value.

　　The wildlife referred to in the provisions of this Law means the wildlife which shall enjoy protection as prescribed in preceding paragraph.

　　As regards the protection of the species of aquatic wildlife other than those which are rare or near extinction， the provisions of the Fisheries Law shall apply.

　　Article 3 Wildlife resources shall be owned by the State.

　　The state protects the lawful rights and interests of units and individuals engaged in the development or utilization of wildlife resources according to law.

　　Article 4 The State pursues a policy of strengthening the protection of wildlife resources， actively domestication and breeding the species of wildlife， and rationally developing and utilizing wildlife resources， and encourages scientific research on wildlife.

　　Units and individuals that have made outstanding achievements in the protection of wildlife resources， in scientific research on wildlife， or in the domestication and breeding of wildlife shall be awarded by the government.

　　Article 5 Citizens of the People's Republ

ic of China shall have the duty to protect wildlife resources and the right to inform the authorities of or file charges against acts of seizure or destruction of wildlife resources.

　　Article 6 The governments at various levels shall strengthen the administration of wildlife resources and formulate plans and measures for the protection， development and rational utilization of wildlife resources.

　　Article 7 The departments of forestry and fisheries administration under the State Council shall be respectively responsible for the nationwide administration or terrestrial and aquatic wildlife.

　　The departments of forestry administration under the governments of provinces， autonomous regions and municipalities directly under the Gentral Government shall be responsible for the administration of terrestrial wildlife in their respective areas. The departments in charge of the administration of terrestrial wildlife under the governments of autonomous prefectures， counties and municipalities shall be designated by the governments of provinces， autonomous regions or municipalities directly under the Gentral Government.

　　The departments of fishery administration under the local governments at or above the county level shall be responsible for the administration of aquatic wildlife in their respective areas.

　　Chapter Ⅱ

　　Protection of Wildlife

　　Article 8 The State protects wildlife and the environment for its survival， and prohibits the illegal hunting， catching or destruction of wildlife by any unit or individual.

　　Article 9 The State gives special protection to the species of wildlife which are rare or near extinction. The wildlife under special state protection shall consist of two classes： wildlife under first class protection and wildlife under second class protection. Lists or revised lists of wildlife under special state protection shall be drawn up by the administrative department for wildlife under the state Council and announced after being submitted to and approved by the State Council.

　　The wildlife under special local protection， being different from the wildlife under special state protection， refers to the wildlife specially protected by provinces， autonomous regions or municipalities directly under the Gentral Government. Lists of wildlife under special local protection shall be drawn up and announced by the governments of provinces， autonomous regions or municipalities directly under the Gentral Government and shall be submitted to the State Council for the record.

　　Lists or revised lists of terrestrial wildlife under state protection， which are beneficial or of important economic or scientific value， shall be drawn up and announced by the administrative department for wildlife under the State Council.

　　Article 10 The administrative department for wildlife under the State Council and governments of provinces， autonomous regions and municipalities directly under the Gentral Government shall， in the main districts and water areas where wildlife under special state or local protection lives and breeds， designate nature reserves and strengthen the protection and administration of wildlife under special state or local protection and the environment for its survival.

　　The designation and administration of nature reserves shall be effected in accordance with the relevant provisions of the State Council.

　　Article 11 Administrative departments for wildlife at various levels shall keep watch on and monitor the impact of the environment on wildlife. If the environmental impact cause harm to wildlife， the administrative departments for wildlife shall conduct investigation and deal with the matter jointly with the departments concerned.

　　Article 12 If a construction project produces adverse effects on the environment for the survival of wildlife under special state or local protection， the construction unit shall

submit a report on the environmental impact. The department of environmental protection shall， in examining and approving the report， seek the opinion of the administrative department for wildlife at the same level.

　　Article 13 If natural disasters present threats to wildlife under special state or local protection， the local governments shall take timely measures to rescue them.

　　Article 14 If the protection of wildlife under special state or local protection causes losses to crops or other losses， the local governments shall make compensation for them. Measures for such compensation shall be formulated by the governments of provinces， autonomous regions and municipalities directly under the Gentral Government.

　　Chapter Ⅲ

　　Administration of Wildlife

　　Article 15 The administrative departments for wildlife shall regularly carry out surveys of wildlife resources and keep records of them.

　　Article 16 The hunting， catching or killing of wildlife under special state protection shall be prohibited. Where the catching or fishing for wildlife under first class state protection is necessary for scientific research， domestication and breeding， exhibition or other special purpose， the unit concerned must apply to the administrative department for wildlife under the State Council for a special hunting and catching license； where the catching or hunting of wildlife under second class state protection is intended， the unit concerned must apply to the relevant administrative department for wildlife under the government of a province， an autonomous regions or a municipality directly under the Gentral Government for a special hunting and catching license.

　　Article 17 The State encourages the domestication and breeding of wildlife.

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