Chapter III Wildlife Administration
Article 20 The hunting, capturing, and engagement in any other activities that interfere with the living and breeding of wildlife within protected natural areas, no-hunting (fishing) zones, and during closed seasons are strictly prohibited, unless otherwise stipulated by laws and regulations.
The hunting and capturing activities are prohibited during wildlife migration period, and other activities that may interfere with the living and breeding of wildlife are strictly restricted in migratory routes other than the areas prescribed in the preceding paragraph. The scope of migratory routes, and specifics of activities that might interfere with the living and breeding of wildlife, shall be prescribed and promulgated by people's governments at or above the county level or by their competent wildlife conservation departments.
Article 21 The hunting, capturing, and killing of wildlife under state priority conservation are strictly prohibited.
Where hunting or capturing of wildlife under Grade I state conservation is necessary for such purposes as scientific research, population control, epidemiological and disease surveillance, or other special purposes, applications for the specially-granted hunting and capturing license shall be submitted to the competent wildlife conservation departments under the State Council. Where hunting or capturing of wildlife under Grade II state conservation is necessary, applications for the specially-granted hunting and capturing license shall be submitted to the competent wildlife conservation departments of provinces, autonomous regions or municipalities directly under the Central Government.
Article 22 The hunting or capturing of terrestrial wildlife of significant ecological, scientific or social value or wildlife under local priority conservation, shall be carried out with a hunting license granted by the competent wildlife conservation departments at or above the county level in accordance with the law, and be subject to the hunting or capturing quota management.
Article 23 Hunters or capturers shall conduct their hunting and capturing activities in accordance with the species, quantities, locations, tools, methods as well as time spans specified in the special hunting and capturing license, or the hunting license. Upon completion of the hunting or capturing of wildlife, the hunting or capturing information shall be submitted to the competent wildlife conservation departments that issued the special hunting and capturing license, or the hunting license for the record. Specific measures shall be formulated by the competent wildlife conservation departments under the State Council. The hunting or capturing of wildlife under state priority conservation shall be carried out by professional organizations and personnel. The hunting or capturing of terrestrial wildlife of significant ecological, scientific or social value may be organized by professional organizations if conditions allow.
Hunters or capturers using firearms shall possess a valid firearms-carrying license issued by public security organs in accordance with the law.
Article 24 The hunting or capturing of wildlife using poisons, explosives, electric shocks, or electronic trapping devices, and such tools as lassos, traps, clap nets, ground guns, row guns, and other similar tools, as well as such methods as nighttime illumination, annihilation killing, nest destruction, fire burning, smoke attack, net hunting, and other similar methods, are strictly prohibited, except for net traps, electronic trapping devices, plant conservation operations and the like truly required for conservation of species and scientific research.
Prohibited hunting tools and methods other than those prescribed in the preceding paragraph shall be prescribed and published by people's governments at or above the county level.
Article 25 Category-based and grade-based administration of artificial breeding of wildlife shall be adopted to ensure strict protection and scientific utilization of wildlife resources. The state supports the artificial breeding of wildlife under state priority conservation by relevant research institutes for the purpose of species conservation.
The state adopts a licensing system on artificial breeding of wildlife under state priority conservation. For artificial breeding of wildlife under state priority conservation, an artificial breeding license should be obtained upon approval by the competent wildlife conservation departments of provinces, autonomous regions or municipalities directly under the Central Government, unless otherwise provided by the State Council regarding the approval authorities.
The artificial breeding of terrestrial wildlife of significant ecological, scientific or social value shall be reported to the competent wildlife conservation departments of the county-level people's government for the record.
The artificial breeding of wildlife shall adhere to the use of artificially bred progeny provenance, and the comprehensive files of species pedigree, breeding archives, and individual data shall be maintained. Where it is necessary to adopt wild provenance for the purpose of species conservation, the provisions of this Law concerning the hunting of wildlife shall apply.
For purposes of this Law, the term "artificially bred progeny" means the offspring individuals bred and born under artificially-regulated conditions from parental stock also born under artificially-regulated conditions.
The specific administrative measures for artificial breeding of wildlife shall be formulated by the competent wildlife conservation departments under the State Council.
Article 26 The artificial breeding of wildlife shall benefit species conservation and the scientific research thereon. It is prohibited to illegally hunt wildlife or destroy the resources of wild population. It shall be ensured according to the habits of wildlife that the necessary conditions for activity space, living and breeding, and hygiene and health of wildlife are met, places, facilities, and technologies are suitable for the breeding purposes, varieties, and development scales, the relevant technical standards and epidemic prevention requirements are satisfied, and cruelty to wildlife is forbidden.
The competent wildlife conservation departments at or above the provincial level may organize the reintroduction of wildlife under state priority conservation into the wild in accordance with the needs for conserving wildlife under state priority conservation.
Where artificially bred wildlife other than those specified in the preceding paragraph is reintroduced into the wild, the provisions of this Law relating to the administration of releasing wildlife shall apply.
Article 27 Safety measures shall be taken in artificially breeding wildlife to prevent the wildlife from injuring people or escaping. Where artificially bred wildlife causes damage to others, endangers public safety, or damages the ecology, the breeder and manager, among others, shall bear legal liability in accordance with the law.
Article 28 It is prohibited to sell, purchase, or utilize wildlife under state priority conservation and their products.
Where the sale, purchase, or utilization of wildlife under state priority conservation and their products is necessary for scientific research, artificial breeding, public display or performance, preservation of cultural relics, or other special purposes, approval granted by the competent wildlife conservation departments of provinces, autonomous regions or municipalities directly under the Central Government shall be obtained, and the special label shall be obtained and used in accordance with the relevant regulations to ensure traceability, unless the State Council stipulates the approval authority otherwise.
In the case of selling or utilizing terrestrial wildlife of significant ecological, scientific, or social value or wildlife under local priority conservation or their products, proofs for the legal origins thereof shall be provided, such as hunting, artificial breeding, and import and export certificates.
The scope and the administrative measures for the special labels for wildlife under state priority conservation and terrestrial wildlife of significant ecological, scientific, or social value and their products shall be prescribed by the competent wildlife conservation departments under the State Council.
In the case of selling wildlife prescribed in the second and the third paragraphs of this Article, quarantine certificates shall be attached in accordance with the law.
For the public display of or performance by wildlife, safety management measures shall be taken, and the health of wildlife shall be safeguarded. Specific administrative measures shall be formulated by the competent wildlife conservation departments under the Stale Council in conjunction with other relevant departments under the State Council.
Article 29 The wildlife under state priority conservation or the terrestrial wildlife of significant ecological, scientific or social value for which the artificial breeding technologies are mature and stable shall, upon scientific demonstration and assessment, be included in the List of Wildlife under State Priority Conservation for Artificial Breeding or the List of Terrestrial Wildlife of Significant Ecological, Scientific or Social Value that is formulated by the competent wildlife conservation departments under the State Council, and the lists shall be adjusted in due course. For wildlife and their products included in the lists, the special label may be directly obtained based on the artificial breeding license or the recording certificate according to annual wildlife production quantities verified by the competent wildlife conservation departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government or the departments authorized by them, and the abovementioned wildlife and their products shall be sold and utilized with the special label to ensure traceability.
Where the List of Wildlife under State Priority Conservation or the List of Terrestrial Wildlife of Significant Ecological, Scientific or Social Value is updated as prescribed in Article 10 of this Law, based on the conservation of relevant wild population, the artificially bred population of wildlife with mature and prevailing stable artificial breeding technology as prescribed in the preceding paragraph, may be removed from the List of Wildlife under State Priority Conservation and the List of Terrestrial Wildlife of Significant Ecological, Scientific or Social Value, and be subject to administrative measures different from those for the wild population, but artificial breeding licenses or the recording certificates and the special labels shall be obtained as specified in the second and the third paragraphs of Article 25 and the first paragraph of this Article of this Law.
The artificially bred terrestrial wildlife populations that meet the requirements of the second paragraph of Article 12 of the Animal Husbandry Law of the People's Republic of China may, after scientific demonstration and assessment, be included in the catalog of livestock and poultry genetic resources.
Article 30 The utilization of wildlife and their products shall be primarily based on the artificially bred population, benefit the conservation of the wild population, meet the requirements of ecological civilization development, be consistent with social ethics, and comply with laws, regulations and other regulations of the state.
Where wildlife and their products are operated and utilized as medicinal products, among others, the provisions of the Drug Administration Law of the People's Republic of China and other relevant laws and regulations shall also be observed.
Article 31 It is prohibited to consume as food the wildlife under state priority conservation, and terrestrial wildlife of significant ecological, scientific or social value and other terrestrial wildlife under state priority conservation. It is prohibited to hunt, capture, trade in or transport wildlife specified in the preceding paragraph that grow and breed naturally in the wild for food-consuming purposes.
It is prohibited to produce and operate food made from wildlife prescribed in the first paragraph of this Article and their products.
It is prohibited to illegally purchase the wildlife prescribed in the first paragraph of this Article and their products for food consuming purposes.
Article 32 It is prohibited to release advertisements for the sale, purchase and utilization of wildlife or on banned hunting or capturing tools. It is prohibited to release advertisements for the illegal sale, purchase and utilization of wildlife products.
Article 33 Online platforms, commodity exchange markets, and dining venues, among others, are prohibited from providing display, trading, and consumption service for the illegal sale, purchase, consumption as food, and utilization of wildlife and their products or banned hunting or capturing tools.
Article 34 In the case of transporting, carrying, or delivering across the county border wildlife under state priority conservation or their products, or wildlife removed from the List of Wildlife under State Priority Conservation as prescribed in the second paragraph of Article 29 of this Law or their products, the duplicate of the license or approval document or the special label prescribed in Articles 21, 25, 28 or 29 of this Law shall be held or attached.
In the case of transporting, carrying, or delivering across the county border terrestrial wildlife of significant ecological, scientific or social value, wildlife under local priority conservation and wildlife removed from the List of Terrestrial Wildlife of Significant Ecological, Scientific or Social Value as prescribed in the second paragraph of Article 29 of this Law, proofs for the legal origins thereof shall be held, such as hunting, artificial breeding, and import and export certificates, or the special labels.
In the case of transporting, carrying, or delivering across the county border wildlife specified in the preceding two paragraphs, the quarantine certificate shall also be attached in accordance with the provisions of the Law of the People's Republic of China on Animal Disease Control.
Railway, road, water transport, civil aviation, post, express delivery and other enterprises shall check the duplicates of the licenses or documents, or special labels of the one consigning, carrying or delivering wildlife and their products, and shall not transport or deliver such wildlife where regulations are not complied with.
Article 35 The competent wildlife conservation departments at or above the county level shall oversee and regulate scientific research, artificial breeding, public displays or performance and other activities in which wildlife and their products are utilized.
Market regulation, customs, railways, roads, water transport, civil aviation, post and other departments shall, in accordance with the division of duties, oversee and inspect the trade, utilization, transportation, carriage, and delivery of wildlife and their products, among other activities.
The state establishes a joint law enforcement coordination mechanism led by the forestry and grassland, and fisheries departments under the State Council, with the cooperation from other relevant departments. Local people's governments shall establish corresponding joint law enforcement coordination mechanisms.
Where the competent wildlife conservation departments of the people's government at or above the county level and other departments with wildlife conservation responsibilities find any violation of law suspected of constituting a crime, they shall transfer the clues of the crime to the organ with the function and power of investigation.
Where public security organs, people's procuratorates or people's courts, in the course of handling wildlife conservation related offenses, conclude that there are no criminal facts, or that the criminal facts are so minor that the violator needs not to be held criminally liable, but shall be subject to administrative penalties, they shall transfer the case in a timely manner to the competent wildlife conservation departments at or above the county level and other departments with wildlife conservation responsibilities, and the relevant departments shall handle the case in accordance with the law.
Article 36 The competent wildlife conservation departments and other departments with wildlife conservation responsibilities at or above the county level, in performing their duties under this Law, may take the following measures:
(1) entering premises which are related to violations of wildlife conservation administration for on-site inspection and investigation;
(2) conducting tests and examinations, and taking samples of wildlife for evidence;
(3) seizing and copying relevant documents and information, and sealing documents and information that may be transferred, destroyed, concealed or tampered with; and
(4) seizing and impounding the wildlife and their products with no proofs of legal origin, as well as tools, equipment or property suspected to involve illegal hunting or capture of wildlife, or illegal acquisition, sale, processing or transportation of hunted or captured wildlife and their products.
Article 37 The list of wildlife and their products in which trade are banned or restricted by international conventions concluded or acceded to by the People's Republic of China shall be formulated, adjusted and promulgated by the state administration for the import and export of endangered species.
Import and export of wildlife and their products included in the list prescribed in the preceding paragraph, and export of wildlife under state priority conservation and their products, shall be subject to the approval by the competent wildlife conservation departments under the State Council or the State Council, with the import and export permits issued by the state administration for the import and export of endangered species. The customs shall handle entry and exit quarantine formalities on the basis of the import and export permits, and handle other customs procedures in accordance with the law.
The export of wildlife species involving confidential technologies shall be handled in accordance with the relevant regulations of the State Council.
Wildlife included in the list prescribed by the first paragraph of this Article, subject to the verification and approval of the competent wildlife conservation departments under the State Council, shall be administered in accordance with the relevant provisions of this Law.
Article 38 It is prohibited to provide China's unique wildlife genetic resources to overseas institutions or individuals. International scientific research cooperation shall be subject to approval in accordance with the law, see substantial participation of China's scientific research institutions, higher education institutions, enterprises and their researchers, end up in proposals for countries to share benefits in accordance with regulations, and comply with the provisions of China's laws and administrative regulations.
Article 39 The state organizes and conducts international cooperation and exchanges concerning wildlife conservation and relevant law enforcement, strengthens collaboration with neighboring countries, and protects wildlife migratory routes, establishes inter-departmental coordination mechanisms to prevent and combat smuggling of and illegal trade in wildlife and their products, and conducts actions aimed at preventing or combating smuggling and illegal trade.
Article 40 Introduction of wildlife species from abroad into China shall be subject to the approval of the competent wildlife conservation departments under the State Council. Where wildlife included in the list prescribed in the first paragraph of Article 37 of this Law is introduced from abroad, import and export permits shall be obtained in accordance with the law. The customs shall handle entry quarantine formalities on the basis of the import approval documents or the import and export permits, and handle other customs procedures in accordance with the law.
Where wildlife species from abroad is imported, safe and reliable preventive measures shall be taken to prevent them from entering the wild and causing dangers and damage to the ecosystem. It is not allowed to illegally release or discard wildlife. Where it is necessary to release the species into the wild, the provisions of the relevant laws and regulations must be duly observed.
Where wildlife from abroad is found to cause dangers and damage to the ecosystem, the wildlife conservation departments and other relevant departments at or above the county level shall take appropriate safety control measures.
Article 41 The competent wildlife conservation departments under the State Council shall, in conjunction with other relevant departments under the State Council, strengthen the regulation and guidance of wildlife release activities. Any organization and individual that releases wildlife to the wild shall select the local species suitable for surviving in the wild at the place of release, and such release shall not intrude the normal life and production of local residents, nor cause dangers and damage to the ecosystem. Specific measures shall be formulated by the competent wildlife conservation departments under the State Council. Unscrupulous release of wildlife into the wild that results in personal injury, property damage, or damage to the ecosystem shall result in legal liability in accordance with the law.
Article 42 It is prohibited to forge, alter, trade in, transfer or rent specially-granted hunting and capturing licenses, hunting licenses, artificial breeding licenses, and special labels, or to sell, purchase, and make use of approval documents of the wildlife under state priority conservation and their products or import and export permits.
The information of issuance of relevant permits, special labels and approval documents as prescribed in the preceding paragraph shall be made public in accordance with the law.
Article 43 Foreigners intending to conduct field surveys, or make films or videos of the wildlife under state priority conservation in China shall obtain approval from the competent wildlife conservation departments of provinces, autonomous regions or municipalities directly under the Central Government or their authorized agencies, and abide by provisions of relevant laws and regulations.
Article 44 People's congresses or their standing committees of provinces, autonomous regions or municipalities directly under the Central Government may, based on local circumstances, formulate measures for the administration of the wildlife under local priority conservation, etc.
Chapter IV Legal Liability
Article 45 Where the competent wildlife conservation departments or other relevant departments fail to make decisions on administrative licensing in accordance with the law, fail to deal with any illegal act after discovering it or receiving report on it, or fail to perform its duties in accordance with the law with such acts as abuse of power, dereliction of duty and malpractice for personal gain, the directly responsible persons in charge and other persons directly responsible shall be given punishments in accordance with the law. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Article 46 Anyone who violates the third paragraph of Article 12, or the second paragraph of Article 13 of this Law shall be punished in accordance with provisions of relevant laws and regulations.
Article 47 Anyone who, in violation of the fourth paragraph of Article 15 of this Law, trades in wildlife and their products in the name of sheltering or rescue, shall have the wildlife and their products, and the illegal proceeds derived therefrom confiscated, and be fined not less than twice but not more than 20 times the value of the wildlife and their products, with the relevant information on the violation be recorded in the violator's social credit record file and disclosed to the public, by the competent wildlife conservation departments of the people's government at or above the county level. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Article 48 Where any of the following acts is committed in violation of Article 20, Article 21, the first paragraph of Article 23 and the first paragraph of Article 24 of this Law, the competent wildlife conservation departments of the people's governments at or above the county level, the Coast Guard and the relevant administrative authorities of the protected natural areas shall confiscate the hunted wildlife, the hunting or capturing tools and the illegal proceeds derived therefrom, revoke the specially-granted hunting and capturing licenses and impose a fine not less than twice but not more than 20 times the value of the hunted wildlife in accordance with the division of duties. Where no wildlife is hunted or the value of the hunted wildlife is less than RMB 5,000 yuan, a fine not less than RMB 10,000 yuan but not more than RMB 100,000 yuan shall be imposed. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
(1) hunting or capturing wildlife under state priority conservation within protected natural areas, in no-hunting (fishing) zones or during closed seasons;
(2) hunting, capturing or killing wildlife under state priority conservation without obtaining specially-granted hunting and capturing licenses or in violation of the specifications in the specially-granted hunting and capturing licenses; or
(3) hunting or capturing wildlife under state priority conservation with banned tools or methods.
Anyone who, in violation of the first paragraph of Article 23 of this Law, fails to submit the hunting information to the competent wildlife conservation departments for the record, shall be ordered to take corrective actions within a certain period of time, by the competent wildlife conservation department which issues the specially-granted hunting and capturing license or the hunting license, and if the corrective action is not made within the certain period of time, shall be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, and where the violation is serious, shall have the specially-granted hunting and capturing license or the hunting license revoked.
Article 49 Where any of the following acts is committed in violation of Article 20, Article 22, the first paragraph of Article 23 and the first paragraph of Article 24 of this Law, the competent wildlife conservation departments of the people's governments at or above the county level and the relevant administrative authorities of the protected natural areas in accordance with the division of duties, shall confiscate the hunted wildlife, the hunting or capturing tools and the illegal proceeds derived therefrom, revoke the hunting licenses and impose a fine not less than the value of the hunted wildlife but not more than ten times the value. Where no wildlife is hunted or the value of the hunted wildlife is less than RMB 2,000 yuan, a fine not less than RMB 2,000 yuan but not more than RMB 20,000 yuan shall be imposed. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
(1) hunting or capturing terrestrial wildlife of significant ecological, scientific or social value or the wildlife under local priority conservation within protected natural areas, in no-hunting (fishing) zones or during closed seasons
(2) hunting or capturing terrestrial wildlife of significant ecological, scientific or social value or the wildlife under local priority conservation without obtaining the specially-granted hunting and capturing license or in violation of the specifications in the specially-granted hunting and capturing license; or
(3) hunting or capturing terrestrial wildlife of significant ecological, scientific or social value or the wildlife under local priority conservation with banned tools and methods.
Anyone who, in violation of Article 20 and the first paragraph of Article 24 of this Law, hunts or captures other terrestrial wildlife within protected natural areas, no-hunting zones or during closed seasons, or with banned tools and methods, thus causing damages to the ecology, shall have the hunted wildlife, the hunting or capturing tools and illegal proceeds derived therefrom confiscated, and be fined not less than the value of the hunted wildlife but not more than three times the value, by the competent wildlife conservation departments of the people's governments at or above the county level and the relevant administrative authorities of the protected natural areas in accordance with the division of duties. Where no wildlife has been hunted or the value of the hunted wildlife is less than RMB 1,000 yuan, a fine not less than RMB 1,000 yuan but not more than RMB 3,000 yuan shall be imposed. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Anyone who, in violation of the second paragraph of Article 23 of this Law, hunts or captures wildlife with firearms without a firearms-carrying license, which constitutes violation of the administration of public security, shall be given a penalty of public security by public security authorities in accordance with the law, or be held criminally liable where the violation constitutes a crime.
Article 50 Anyone who, in violation of the second paragraph of Article 31 of this Law, hunts, captures, trades in or transports for food consuming purposes wildlife under state priority conservation that grow and breed naturally in the wild, or terrestrial wildlife of significant ecological, scientific or social value, shall be given a heavier punishment in accordance with Articles 48, 49 and 52 of this Law.
Anyone who, in violation of the second paragraph of Article 31 of this Law, hunts or captures other terrestrial wildlife growing and breeding naturally in the wild for food consuming purposes, shall have the hunted wildlife, the hunting or capturing tools and illegal proceeds derived therefrom confiscated by the competent wildlife conservation departments of the people's government at or above the county level and the relevant administrative authority of the protected natural areas in accordance with the division of duties. The violator shall be fined not less than the value of the hunted wildlife but not more than five times the value where the circumstances are serious, or shall be fined not less than RMB 2,000 yuan but not more than RMB 10,000 yuan where no wildlife is hunted or the value of the hunted wildlife is less than RMB 2,000 yuan. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Anyone who, in violation of the second paragraph of Article 31 of this Law, trades in or transports other terrestrial wildlife growing and breeding naturally in the wild for food consuming purposes, shall have the wildlife confiscated by the competent wildlife conservation departments of the people's government at or above the county level and the relevant administrative authority of the protected natural areas in accordance with the division of duties, and be fined not less than the value of the hunted wildlife but not more than five times the value where the circumstances are serious. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Article 51 Anyone who, in violation of the second paragraph of Article 25 of this Law, breeds wildlife under state priority conservation or any wildlife species removed from the List of Wildlife under State Priority Conservation as prescribed in the second paragraph of Article 29 of this Law without obtaining the artificial breeding license, shall have the wildlife and their products confiscated and be fined not less than the value of wildlife and their products but not more than ten times the value, by the competent wildlife conservation departments of the people's government at or above the country level.
Anyone who, in violation of the third paragraph of Article 25 of this Law, artificially breeds terrestrial wildlife of significant ecological, scientific or social value or any wildlife species removed from the List of Terrestrial Wildlife of Significant Ecological, Scientific or Social Value as prescribed in the second paragraph of Article 29 of this Law but does not submit the information for the record, shall be ordered to make rectification within a specified period of time by the competent wildlife conservation departments of the people's government at or above the country level, and, where the rectification is not made within the specified period of time, shall be fined not less than RMB 500 yuan but not more than RMB 2,000 yuan.
Article 52 Anyone who, in violation of the first and the second paragraphs of Article 28, the first paragraph of Article 29, and the first paragraph of Article 34 of this Law, sells, purchases, utilizes, transports, carries and delivers wildlife under state priority conservation and their products, or any wildlife species removed from the List of Wildlife under State Priority Conservation according to the second paragraph of Article 29 of this Law, without approval, without obtaining special labels or using such labels as stipulated, or not holding or attaching duplicates of artificial breeding licenses or approval documents, or special labels, shall have the wildlife and their products, and illegal proceeds confiscated, be ordered to close the illegal business premises and fined not less than twice but not more than ten times the value of wildlife and their products by the competent wildlife conservation departments or market regulation department of the people's government at or above the county level according to the division of duties. Where circumstances are serious, the artificial breeding license shall be revoked, the approval document canceled, and the special label retracted. Where a crime is constituted, the violator shall be held criminally liable.
Anyone who, in violation of the third paragraph of Article 28, the first paragraph of Article 29 or the second paragraph of Article 34 of this Law, sells, utilizes, transports, carries or delivers terrestrial wildlife of significant ecological, scientific or social value, wildlife under local priority conservation, or wildlife removed from the List of Terrestrial Wildlife of Significant Ecological, Scientific or Social Value according to the second paragraph of Article 29 of this Law and their products, without the proofs of legal origins or the special labels, shall have the wildlife confiscated, and be fined not less than the value of the wildlife but not more than ten times the value by the competent wildlife conservation departments or market regulation department of the people's government at or above the county level according to the division of duties, and shall be held criminally liable in accordance with the law where a crime is constituted.
Where any railway, road, water transport, civil aviation, post, express delivery or any other enterprise, in violation of the fourth paragraph of Article 34 of this Law, fails to inspect or transport and deliver wildlife and their products as required, the illegal proceeds shall be confiscated, and the enterprise shall be fined not less than the value of the illegal proceeds but not more than five times the value by the competent department of transport, railway supervision and administration, civil aviation, postal administration or any other department in accordance with the division of duties. Where the circumstances are serious, the business license shall be revoked.
Article 53 Anyone who, in violation of the first and the fourth paragraphs of Article 31 of this Law, consumes as food or illegally purchases wildlife conserved in this Law and their products for food consuming purpose, shall be ordered to stop the illegal act and have wildlife and their products confiscated, and be fined not less than twice but not more than 20 times the value of the wildlife and their products by competent wildlife conservation departments or market regulation department of the people's government at or above the county level in accordance with the division of duties. Anyone who consumes as food or illegally purchases other terrestrial wildlife and their products for food consuming purpose shall be ordered to stop the illegal act, be criticized and educated, have the wildlife and their products confiscated, and, where the circumstances are serious, be fined not less than the value of the wildlife or their products but not more than five times the value. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Anyone who, in violation of the third paragraph of Article 31 of this Law, produces or operates food made from wildlife conserved in this Law or their products, shall be ordered to stop the illegal act and close down the illegal business premise, have the wildlife or their products and all illegal proceeds confiscated, and be fined not less than 15 times but not more than 30 times the value of the illegal proceeds by competent wildlife conservation departments and market regulation department of the people's government at or above the county level according to the division of duties. Anyone who produces, operates or uses food made from other terrestrial wildlife or their products shall be criticized and educated, with the wildlife or their products and all illegal proceeds confiscated, and, where the circumstances are serious, be fined not less than the value of the illegal proceeds but not more than ten times the value. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Article 54 Anyone who, in violation of Article 32 of this Law, releases advertisements for selling, purchasing or utilizing wildlife and their products or banned hunting or capturing tools, shall be punished in accordance with the provisions of the Advertisement Law of the People's Republic of China.
Article 55 Anyone who, in violation of Article 33 of this Law, provides display, trading or consumption services for illegally selling, purchasing, consuming as food, or utilizing wildlife or their products or banned hunting or capturing tools, shall be ordered to stop the illegal act and make rectification during a specified period, with illegal proceeds confiscated and a fine not less than twice but not more than ten times the value of the illegal proceeds, or, where there is no illegal proceeds or the value of the illegal proceeds is less than RMB 5,000 yuan, a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, by the market regulation department of the people's government at or above the county level. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Article 56 Anyone who, in violation of Article 37 of this Law, imports or exports wildlife or their products, shall be punished by the customs, public security authority, or the Coast Guard in accordance with laws, administrative regulations, and the relevant regulations of the state. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Article 57 Anyone who, in violation of Article 38 of this Law, provides exclusive wildlife genetic resources in China to overseas institutions or individuals, shall have the wildlife and their products and the illegal proceeds confiscated and be fined not less than the value of wildlife and their products and the illegal proceeds but not more than five times the value by the competent wildlife conservation departments of the people's government at or above the county level. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Article 58 Anyone who, in violation of the first paragraph of Article 40 of this Law, introduces from abroad any wildlife species shall have the introduced wildlife confiscated and be fined not less than RMB 50,000 yuan but not more than RMB 500,000 yuan by competent wildlife conservation departments of the people's government at or above the county level. Anyone who fails to undergo the entry quarantine formalities in accordance with the law shall be punished in accordance with the provisions of the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Article 59 Anyone who, in violation of the second paragraph of Article 40 of this Law, releases or discards wildlife introduced from abroad, shall be ordered to recapture such wildlife within a specified period and be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan by the competent wildlife conservation departments of the people's government at or above the county level. Where the period expires and the recapture fails, the relevant competent wildlife conservation departments shall recapture the wildlife or take action to lessen the effects, with the violator bearing all associated costs. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Article 60 Anyone who, in violation of the first paragraph of Article 42 of this Law, forges, alters, trades in, transfers, rents or leases relevant licenses, special labels, or relevant approval documents, shall have the illegal licenses, the special labels, the relevant approval documents, and the illegal proceeds confiscated, and be fined not less than RMB 50,000 yuan but not more than RMB 500,000 yuan by the competent wildlife conservation departments of the people's government at or above the county level. Where violation of the administration of public security is constituted, the violator shall be given a penalty for public security by the public security authority. Where a crime is constituted, the violator shall be held criminally liable in accordance with the law.
Article 61 The competent wildlife conservation departments and other departments and institutions with responsibilities for wildlife conservation at or above the county level shall handle the confiscated wildlife and their products in accordance with the relevant regulations and specific measures shall be formulated by the competent wildlife conservation departments under the State Council in conjunction with other relevant departments under the State Council.
Article 62 The competent wildlife conservation departments at or above the county level shall strengthen the regulation of and guidance for the appraisal and value assessment of wildlife and their products. The standards and methods for assessing the value of hunted animals and the value of wildlife and their products under this Law shall be formulated by the competent wildlife conservation departments under the State Council.
Article 63 Any act that harms wildlife resources, the ecological environment and the public interest of society in violation of the provisions of this Law may be brought before the people's court in accordance with the provisions of the Environmental Protection Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and the Administrative Procedure Law of the People's Republic of China, among other laws.
Chapter V Supplementary Provisions
Article 64 This Law shall go into effect on May 1, 2023.