Law of the People’s Republic of China on the Protection of Wildlife — Full English Translation (2016 Revision)

Wildlife Protection Law of the People’s Republic of China

(2016 Revision) — English Translation

Adopted: July 2, 2016  |  Effective: January 1, 2017  |  58 Articles · 5 Chapters

Chapter I — General Provisions

Article 1. This Law is enacted for the purposes of protecting wild animals, saving rare and endangered wild animals, maintaining biodiversity and ecological balance, promoting the construction of an ecological civilization, and advancing harmonious coexistence between humans and nature.

Article 2. This Law applies to wildlife protection and related activities within the territory of the People’s Republic of China and other sea areas under its jurisdiction.

Wildlife protected under this Law means the species of terrestrial, aquatic, and amphibian wild animals that are rare or endangered, or of important ecological, scientific, or social value.

Wildlife and their products as referred to in this Law means the whole body (including eggs and spawn), parts, and derivatives of wild animals.

Where laws or administrative regulations provide otherwise for the protection of aquatic wild animals other than those that are rare or endangered, such provisions shall prevail.

Article 3. Wild animals are national resources and belong to the State. The State protects the lawful rights and interests of organizations and individuals engaged in wildlife protection, scientific research, and artificial breeding according to law.

Article 4. The State adopts the policy of giving priority to protection, combining regulation with rehabilitation, and exercising strict supervision in relation to wildlife, encourages scientific research, and cultivates civic awareness of wildlife protection, so as to maintain biodiversity and ecological balance.

Article 5. The State protects wildlife and their habitats. People’s governments at or above the county level shall formulate wildlife protection plans and measures and incorporate the expenses for wildlife protection into their fiscal budgets.

The State encourages citizens, legal persons, and other organizations to participate in wildlife protection activities through donation, funding, voluntary services, and other means according to law.

Article 6. All organizations and individuals have the obligation to protect wildlife and their habitats. Organizations and individuals shall have the right to report or make an accusation against any illegal act encroaching upon wildlife or their habitats to the relevant competent authorities. The authorities concerned shall promptly handle such reports or accusations.

Article 7. The department of forestry and grassland under the State Council shall be in charge of the protection of terrestrial wild animals throughout the country. The department of fisheries administration under the State Council shall be in charge of the protection of aquatic wild animals. The departments of forestry and grassland or fisheries administration of local people’s governments at or above the county level shall be in charge of the protection of wildlife within their respective administrative regions.

Article 8. People’s governments at all levels shall strengthen publicity and education on wildlife protection, and popularize scientific knowledge of wildlife protection. Departments of education and schools shall cultivate among students the awareness of wildlife protection. News media shall carry out public-interest publicity on wildlife protection and exercise public oversight over illegal conduct.

Article 9. The State awards organizations and individuals that have made outstanding achievements in wildlife protection and scientific research concerning wildlife.

Chapter II — Protection of Wildlife and Their Habitats

Article 10. The State applies a system of categorized and graded protection to wildlife. The State gives special protection to rare and endangered wildlife. The wildlife under special State protection is classified into Class-I protected wildlife and Class-II protected wildlife. The list of wildlife under special State protection shall be formulated by the department of wildlife protection under the State Council after consultation with relevant departments and based on scientific assessment, and shall be adjusted once every five years.

Article 11. The department of wildlife protection under the State Council shall, in conjunction with relevant departments, conduct surveys of wildlife and their habitats, and establish wildlife resource archives and databases, based on the results of surveys, monitoring, and assessment.

The surveys of wildlife and their habitats as mentioned in the preceding paragraph shall include the following: (1) the regional distribution, population size, and population structure of wildlife; (2) the area, ecological conditions, and main influencing factors of wildlife habitats; and (3) the current status of artificial breeding of wildlife.

Article 12. The department of environmental protection under the State Council shall, in conjunction with the department of wildlife protection under the State Council and other relevant departments, delineate nature reserves according to the distribution of wildlife under special State protection. The establishment and management of nature reserves shall be governed by the relevant provisions of laws and administrative regulations.

Article 13. People’s governments at or above the county level and the relevant competent authorities may, according to the actual circumstances, delineate wildlife habitats other than nature reserves and delimit prohibited hunting zones or periods, and prohibit activities that are detrimental to the survival and propagation of wildlife.

Article 14. Where the construction projects of the State or local key projects may affect wildlife and their habitats, the environmental impact assessment document shall include an assessment of the impact on wildlife and their habitats. Where the environmental impact assessment document requires the relevant competent authority’s approval, the opinions of the department of wildlife protection under the State Council or the people’s government of the province, autonomous region, or municipality directly under the Central Government shall be solicited.

Article 15. The relevant competent authorities shall, in accordance with the needs of protecting wildlife and their habitats, formulate emergency response plans for incidents of environmental pollution, ecological damage, and other emergencies, and take corresponding measures to prevent and control damage to wildlife and their habitats.

Article 16. People’s governments at or above the county level shall take measures to prevent and control the damage caused by wild animals and compensate for the losses incurred. Where the relevant local people’s governments take preventive and control measures and provide compensation, the Central Government may grant subsidies. Specific measures shall be formulated by the relevant departments under the State Council.

Article 17. The State strengthens surveillance and management of wildlife epidemic sources and diseases, and establishes and improves the wildlife epidemic source and disease surveillance system. The department of wildlife protection under the State Council shall, in conjunction with the department of health and the department of agriculture and rural affairs under the State Council, formulate and publish wildlife epidemic source and disease contingency plans, and organize epidemic source and disease surveillance on wildlife.

Article 18. The introduction of wild animal species from abroad shall be subject to the approval of the department of wildlife protection under the State Council. The introduction of endangered wild animal species from abroad shall also be subject to the approval of the relevant authority of the State Council. The introduced wild animal species shall undergo quarantine inspection according to law.

Article 19. The State prohibits or restricts the trade, purchase, or utilization of wildlife or wildlife products obtained by illegal hunting or other illegal means. Advertising of wildlife or their products obtained by illegal hunting or other illegal means is prohibited.

Article 20. It is prohibited to sell or purchase wildlife under special State protection or their products. Where it is necessary to sell, purchase, or utilize wildlife under Class-I State protection or their products for scientific research, artificial breeding, public exhibition or performance, heritage protection, or other special purposes, the matter shall be subject to approval by the department of wildlife protection under the State Council or a unit authorized by it. Where it is necessary to sell, purchase, or utilize wildlife under Class-II State protection or their products, the matter shall be subject to approval by the department of wildlife protection of the people’s government of the province, autonomous region, or municipality directly under the Central Government or a unit authorized by it.

Chapter III — Administration of Wildlife

Article 21. The hunting of wildlife under Class-I State protection is prohibited. Where it is necessary to hunt wildlife under Class-I State protection for scientific research, population control, epidemic source and disease surveillance, or other special circumstances, an application shall be made to the department of wildlife protection under the State Council for a special hunting permit. Where it is necessary to hunt wildlife under Class-II State protection, an application shall be made to the department of wildlife protection of the people’s government of the province, autonomous region, or municipality directly under the Central Government for a special hunting permit.

Article 22. Persons engaged in hunting shall obtain a hunting license and comply with hunting quota administration. Persons holding a gun shall obtain a firearm permit from the public security organ of the people’s government at the county level.

Article 23. Hunting shall be conducted in accordance with the types, quantities, locations, time periods, and methods specified in the special hunting permit or hunting license. The use of military weapons, poison, explosives, or snares for hunting is prohibited. The use of such methods as night-time illumination hunting, incendiary hunting, hunting by destroying nests, and netting or trapping for hunting is prohibited, except where necessary for scientific research, population control, or other special circumstances.

Article 24. The State applies license administration to the artificial breeding of wildlife under special State protection. The artificial breeding license shall be obtained from the department of wildlife protection of the people’s government of the province, autonomous region, or municipality directly under the Central Government, except where the State Council provides otherwise for the approving authority.

Article 25. Persons engaged in the artificial breeding of wildlife under special State protection shall breed wildlife in accordance with the species and purposes specified in the license, use wild animal breeders of assured provenance, establish pedigree, archives, and individual data files, guarantee feed and drinking water supplies, and provide appropriate facilities and space for wildlife activity, reproduction, and disease prevention and control. They may not cruelly treat wildlife.

Article 26. Artificial breeding of wildlife under special State protection shall be conducted using artificially bred breeders. An exceptional case of using wild breeders shall be subject to approval by the department of wildlife protection of the people’s government at or above the provincial level.

Article 27. Where wildlife under special State protection is sold, purchased, or utilized, the seller shall provide or hold the artificial breeding license or approval document and the special labeling, and guarantee traceability. The labeling of wildlife under special State protection and their products shall be specially managed. The specific measures shall be formulated by the department of wildlife protection under the State Council.

Article 28. The special labeling of artificially bred wildlife under special State protection and their products shall be obtained according to law. The special labeling shall indicate information such as the breeding entity, approval document number, species, quantity, and relevant data.

Article 29. The utilization of wildlife and their products shall be limited to artificial breeding, and a traceable management system shall be implemented for the whole chain of artificial breeding. The State encourages scientific research, pharmaceuticals, and exhibitions using artificially bred wildlife.

Article 30. It is prohibited to produce, deal in, or use food made from wildlife under special State protection and their products, or to use wildlife without a lawful provenance and their products in the production or operation of food.

Article 31. It is prohibited to publish advertisements for food made from wildlife under special State protection and their products, or to publish advertisements for food using wildlife without a lawful provenance and their products.

Article 32. It is prohibited to sell wildlife illegally hunted or caught in the online trading platform, commodity exchange market, catering premises, and other venues, or to provide trading services for the sale of illegally hunted or caught wildlife.

Article 33. The transportation, carriage, mailing, or bringing into or out of the country of wildlife under special State protection or their products shall be subject to approval by, or shall hold the approval document of, the department of wildlife protection of the people’s government of the province, autonomous region, or municipality directly under the Central Government or a unit authorized by it.

Article 34. The exit and entry inspection and quarantine authorities shall conduct inspection and quarantine of the wildlife and their products to be transported, carried, or mailed out of or into the country. Customs shall handle the clearance formalities based on the approval document or the inspection and quarantine certificate. Where the Convention on International Trade in Endangered Species of Wild Fauna and Flora applies, the import and export certificate shall also be provided.

Article 35. The department of wildlife protection under the State Council or the departments of wildlife protection of the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government shall establish public platforms for wildlife protection and solicit opinions and suggestions from the public.

Article 36. The relevant competent authorities shall implement a system to publicize information on the permits, administrative penalties, and regulatory inspections of wildlife protection according to law.

Article 37. Where a wild animal under special State protection causes personal injury or property damage, the local people’s government concerned shall compensate for the loss. Where a wild animal under special State protection causes personal injury or property damage within a nature reserve, the management authority of the nature reserve shall, according to the relevant provisions, compensate for the loss.

Article 38. The State shall establish a system of wildlife protection fund. Wildlife protection fund shall be used for wildlife protection, scientific research, artificial breeding, compensation for damage caused by wildlife, and other wildlife protection activities.

Article 39. The departments of wildlife protection shall strengthen the international exchange and cooperation in wildlife protection, participate in relevant international conventions and organizations, and honor international obligations.

Article 40. The State encourages and supports scientific research on wildlife, promotes advanced and applicable technologies, and raises the level of wildlife protection through science and technology.

Chapter IV — Legal Liability

Article 41. Where anyone, in violation of the provisions of this Law, hunts wildlife under special State protection without a special hunting permit, or fails to hunt in accordance with the requirements of the special hunting permit, the department of wildlife protection of the people’s government at or above the county level shall confiscate the hunted wildlife, hunting gear, and illegal income, revoke the special hunting permit, and impose a fine of not less than twice but not more than ten times the value of the hunted wildlife; where there is no hunted wildlife, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed. Where a crime is constituted, criminal liability shall be pursued according to law.

Article 42. Where anyone, in violation of the provisions of this Law, hunts wildlife without a hunting license or not in accordance with the hunting license, the department of wildlife protection of the people’s government at or above the county level shall confiscate the hunted wildlife and illegal income, and may also confiscate the hunting gear and revoke the hunting license, and impose a fine of not less than the value of the hunted wildlife but not more than five times the value; where there is no hunted wildlife, a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed. Where a crime is constituted, criminal liability shall be pursued according to law.

Article 43. Where anyone, in violation of the provisions of Articles 23 or 24 of this Law, hunts wildlife by using prohibited hunting gear or methods, the department of wildlife protection of the people’s government at or above the county level shall confiscate the hunting gear and illegal income and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan. Where a crime is constituted, criminal liability shall be pursued according to law.

Article 44. Where anyone, in violation of the provisions of Article 20, Article 21, Article 23, Paragraph 1 of Article 24, or Article 27 of this Law, illegally sells, purchases, transports, carries, or mails wildlife under special State protection or their products, the department of wildlife protection of the people’s government at or above the county level or the industry and commerce administration authority shall, according to the division of duties, confiscate the wildlife and their products and the illegal income, and impose a fine of not less than twice but not more than ten times the value of the wildlife and their products; where the circumstances are serious, the business license shall be revoked. Where a crime is constituted, criminal liability shall be pursued according to law.

Article 45. Where anyone, in violation of the provisions of Article 27, Article 28, Article 29, or Article 30 of this Law, produces or deals in food made from wildlife under special State protection or their products, or produces or deals in food using wildlife without a lawful provenance and their products, the food and drug administration authority of the people’s government at or above the county level or the industry and commerce administration authority shall, according to the division of duties, order cessation of the illegal act, confiscate the illegal income, and impose a fine of not less than the value of the food but not more than 15 times the value; where the circumstances are serious, the permit shall be revoked. Where a crime is constituted, criminal liability shall be pursued according to law.

Article 46. Where anyone, in violation of the provisions of Article 29, publishes an advertisement for food made from wildlife under special State protection or their products, or publishes an advertisement for food using wildlife without a lawful provenance and their products, the industry and commerce administration authority shall order cessation of publication of the advertisement and impose a fine according to the Advertising Law.

Article 47. Where anyone, in violation of the provisions of Articles 30 and 31 of this Law, provides trading services in an online trading platform, commodity exchange market, catering premises, or other venue for the sale of illegally hunted or caught wildlife or their products, the industry and commerce administration authority of the people’s government at or above the county level shall order cessation of the illegal act, confiscate the illegal income, and impose a fine of not less than twice but not more than five times the amount of illegal income; where there is no illegal income, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed. Where a crime is constituted, criminal liability shall be pursued according to law.

Article 48. Where anyone, in violation of the provisions of Article 22 of this Law, artificially breeds wildlife under special State protection without an artificial breeding license, the department of wildlife protection of the people’s government at or above the county level shall confiscate the wildlife and their products and illegal income, and impose a fine of not less than the value of the wildlife and their products but not more than five times the value.

Article 49. Where anyone, in violation of the provisions of Article 19 of this Law, imports wildlife from abroad without approval, the department of wildlife protection of the people’s government at or above the county level shall confiscate the imported wildlife and their products and impose a fine of not less than 50,000 yuan but not more than 250,000 yuan.

Article 50. Where anyone, in violation of the provisions of Article 7 of this Law, imports wildlife from abroad, fails to hold the import and export certificate, or fails to conduct quarantine inspection, the customs, entry-exit inspection and quarantine authority, or the department of wildlife protection of the people’s government at or above the county level shall impose penalties according to laws and administrative regulations.

Article 51. Where any department of wildlife protection or other relevant department, in violation of the provisions of this Law, commits any of the following acts, the person directly in charge and other persons directly responsible shall be given an administrative sanction according to law; where a crime is constituted, criminal liability shall be pursued according to law: (1) approving an application that does not meet the conditions prescribed by this Law; (2) failing to investigate and punish illegal acts after discovering them or receiving reports thereof; or (3) committing other acts of dereliction of duty, abuse of power, or practicing fraud for personal gain.

Article 52. Where a violation of the provisions of this Law constitutes a violation of public security administration, the public security organ shall impose a public security administrative penalty according to law. Where a crime is constituted, criminal liability shall be pursued according to law.

Article 53. Wildlife and their products, hunting gear, illegal gains, and property used for illegal activities confiscated in accordance with the provisions of this Law shall be disposed of by the people’s government at or above the county level or by the relevant competent authority in accordance with State regulations.

Article 54. Where any party refuses to accept an administrative penalty decision, it may, within 15 days of receiving the written decision, apply for an administrative reconsideration or initiate an administrative lawsuit before a people’s court according to law.

Chapter V — Supplementary Provisions

Article 55. Wildlife under special State protection as mentioned in this Law means the wildlife that is under Class-I or Class-II State protection as listed in the List of Wildlife under Special State Protection, and the wildlife listed in the appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Article 56. The hunting license and special hunting permit mentioned in this Law shall be formulated and issued by the department of wildlife protection under the State Council in a unified format.

Article 57. The standing committees of the people’s congresses of the provinces, autonomous regions, and municipalities directly under the Central Government may, according to this Law, formulate measures for the implementation thereof.

Article 58. This Law shall enter into force on January 1, 2017.