Wild Animal Conservation Law of the People's Republic of China (Revised in 2022)
Table of Contents
Chapter I General Provisions
Chapter II Conservation of Wild Animals and Their Habitats
Chapter III Wild Animal Administration
Chapter IV Legal Liability
Chapter V Supplemental Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purposes of conserving wild animals, saving rare and endangered species of wild animals, maintaining biological diversity and ecological balance, advancing ecological civilization, and promoting the harmonious co-existence between humanity and nature.
Article 2 The conservation of wild animals and associated activities within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China shall be governed by this Law.
“Wild animals” conserved in this Law means the rare and endangered species of terrestrial and aquatic wild animals and the terrestrial wild animals of significant ecological, scientific, or social value.
“Wild animals and their products” in this Law means the whole (including spawns and eggs), parts, and derivatives of wild animals.
The conservation of aquatic wild animals other than the rare and endangered species of aquatic wild animals shall be governed by the Fisheries Law of the People's Republic of China and other relevant laws.
Article 3 Wild animal resources are owned by the state.
The state protects the lawful rights and interests of organizations and individuals engaging in wild animal conservation and associated activities such as scientific research and artificial breeding in accordance with the law.
Article 4 The state strengthens the protection and restoration of important ecosystems, applies the principles of “conservation first, regulated utilization, and stringent supervision” to wild animals, encourages and supports the scientific research on and application of wild animals, upholds the philosophy of ecological civilization, and promotes green development.
Article 5 The state conserves wild animals and their habitats. The people's governments at or above the county level shall develop general plans and measures for the conservation of wild animals and their habitats, and include the funding for the conservation of wild animals into their budgets.
The state encourages citizens, legal persons, and other organizations to participate in wild animal conservation activities by donations, financial aids, voluntary services, and other means in accordance with the law, and supports public undertakings for wild animal conservation.
“Wild animal habitats” in this Law means the major areas where the wild populations of wild animals live and breed.
Article 6 All organizations and individuals shall have the obligation to conserve wild animals and their habitats. It shall be prohibited to illegally hunt or transport or trade in wild animals or destruct the habitats of wild animals.
The general public shall enhance their awareness of conserving wild animals and safeguarding public health safety, prevent the spread of wild animal-borne infectious diseases, resist the illegal eating of wild animals, and cultivate a civilized and healthy lifestyle.
All organizations and individuals shall have the right to report violations of this Law. The competent departments of wild animal conservation of the people's governments at or above the county level and other relevant departments shall, in a timely manner, handle the reports in accordance with the law.
Article 7 The competent departments of forestry and grassland and fisheries of the State Council shall respectively take charge of the conservation of terrestrial and aquatic wild animals nationwide.
The local people's governments at or above the county level shall be responsible for the conservation of wild animals within their respective administrative regions, and the competent departments of forestry and grassland and fisheries of the local people's governments at or above the county level shall respectively take charge of the conservation of terrestrial and aquatic wild animals within their respective administrative regions.
The local people's government at or above the county level shall be responsible for the work concerning wild animal conservation according to the division of their functions.
Article 8 The people's governments at all levels shall strengthen the publicity, education, and popularization of science on wild animal conservation, and encourage and support activities of publicity of the laws and regulations on wild animal conservation and the knowledge on ecological protection, among others, conducted by the basic-level people's autonomous organizations, social organizations, enterprises, public institutions, and volunteers; organize the trainings of relevant practitioners on laws and regulations and professional knowledge; and disclose to the public wild animal conservation and administration information in accordance with the law.
Education administrative departments and schools shall provide students with education on wild animal conservation knowledge.
News media shall conduct publicity of the laws and regulations and the knowledge on wild animal conservation, and legally conduct supervision by public opinions against illegal acts.
Article 9 Organizations and individuals that have made remarkable achievements in wild animal conservation or scientific research on wild animals shall be commended and rewarded by the people's governments at or above the county level in accordance with the relevant provisions issued by the state.
Chapter II Conservation of Wild Animals and Their Habitats
Article 10 The state conducts conservation of wild animals by classification and grading.
The state places the rare and endangered species of wild animals under priority conservation. Species of wild animals under state priority conservation are divided into wild animals under Grade-I conservation and wild animals under Grade-II conservation. The list of wild animals under state priority conservation shall be reported by the competent department of wild animal conservation of the State Council to the State Council for approval and publication after organization of scientific demonstration and assessment.
The lists of terrestrial wild animals of significant ecological, scientific, or social value shall be developed and published by the competent department of wild animal conservation of the State Council after request for comments from the agriculture and rural affairs, natural resources, science and technology, ecology and environment, health and other departments of the State Council and organization of scientific demonstration and evaluation.
Wild animals under local priority conservation are wild animals under priority conservation by provinces, autonomous regions, or municipalities directly under the Central Government other than those under state priority conservation. The lists of wild animals under local priority conservation shall be developed and published by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government after organization of scientific demonstration evaluation and request for comments from the competent department of wild animal conservation of the State Council.
The lists as mentioned in this Article shall be subject to the demonstration and assessment organized every five years, and be adjusted according to the results of demonstration and assessment, or may be adjusted in a timely manner according to the actual needs for wild animal conservation.
Article 11 The competent departments of wild animal conservation of the people's governments at or above the county level shall strengthen the application of information technologies, organize or authorize relevant scientific research institutions to conduct survey, monitoring, and assessment of the status of wild animals and their habitats on a regular basis, and establish and improve the archives of wild animals and their habitats.
The survey, monitoring, and assessment of the status of wild animals and their habitats shall include the following:
(1) Distribution areas and population sizes and structures in the wild of wild animals.
(2) Areas and ecological status of the habitats of wild animals.
(3) Major factors threatening wild animals and their habitats.
(4) Artificial breeding of wild animals and other circumstances requiring survey, monitoring, and assessment.
Article 12 The competent department of wild animal conservation of the State Council shall, in conjunction with the relevant departments of the State Council, determine and issue the lists of major habitats of wild animals according to the results of the survey, monitoring, and assessment of the status of wild animals and their habitats.
The people's governments at or above the provincial level shall include important habitats of wild animals in national parks, nature reserves and other natural protected areas and protect, restore and improve the living environment of wild animals. Where the conditions for the delimitation of relevant natural protected areas are not met, the people's governments at or above the county level may conserve wild animals and their habitats by delimiting no-hunting (or no-fishing) zones, prescribing closed hunting (or fishing) seasons or taking other measures.
Human disturbances threatening the living and breeding of wild animals, such as introducing alien species into natural protected areas, creating pure forests, and excessively spraying pesticides, shall be prohibited or restricted.
Natural protected areas shall be delimited and administered in accordance with the provisions of relevant laws and regulations, and the competent departments of wild animal shall strengthen the conservation of wild animals and their habitats in accordance with the law.
Article 13 The people's governments at or above the county level and the relevant departments shall, during the relevant development and utilization planning, take into full consideration the needs for the conservation of wild animals and their habitats, analyze, predict, and evaluate the possible overall impacts of the implementation of the plans on the conservation of wild animals and their habitats, and avoid or reduce the possible adverse consequences of the implementation of the plans.
It shall be prohibited to construct, in natural protected areas, any projects which are not allowed to be constructed under relevant laws and regulations. The site and line selection for airport, railway, highway, waterway, water conservancy and hydropower, wind power and photovoltaic power generation, cofferdams, sea reclamation, and other construction projects shall avoid natural protected areas and other important habitats and migration routes of wild animals; and if the avoidance thereof is truly impossible, measures such as the construction of migration channels for wild animals and fish passage facilities shall be taken to eliminate or reduce the adverse impacts on wild animals.
Where any construction project may impact natural protected areas or other important habitats or migration routes of wild animals, the departments in charge of approval of environmental impact evaluation documents shall, in the process of approving environmental impact evaluation documents, request comments from the competent department of wild animal conservation of the State Council if wild animals under state priority conservation are involved; or request comments from the competent departments of wild animal conservation of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government if wild animals under local priority conservation are involved.
Article 14 The competent departments of wild animal conservation at all levels shall monitor the impacts of environment on wild animals, and if finding that any environmental impact causes harm to wild animals, investigate and handle such impacts in a timely manner in conjunction with the relevant departments.
Article 15 Where the wild animals under state priority conservation, the terrestrial wild animals of significant ecological, scientific, or social value, or the wild animals under local priority conservation are threatened by any natural disaster, major environmental pollution accident, or other emergency, the local people's governments shall take emergency rescue measures in a timely manner.
The state enhances the capabilities of sheltering and rescuing wild animals. The competent departments of wild animal conservation at or above the county level shall organize the sheltering and rescue of wild animals in accordance with the relevant provisions issued by the state, and strengthen the regulation of and guidance on the sheltering and rescue of wild animals.
Sheltering and rescue institutions shall, according to the actual needs for sheltering and rescuing wild animals, build sheltering and rescue places, be staffed with corresponding professional technicians, and be equipped with rescue tools, equipment and medicinal products, among others.
It shall be prohibited to trade in wild animals and their products in the name of sheltering or rescuing wild animals.
Article 16 The monitoring and quarantine of the epidemic sources and epidemic diseases of wild animals and prevention and control management of infectious diseases of animals related to anthropozoonosis shall be governed by the provisions of the Animal Epidemic Prevention Law of the People's Republic of China and other relevant laws and regulations.
Article 17 The state shall strengthen the conservation of genetic resources of wild animals, and conduct rescuing conservation of the endangered species of wild animals.
The competent department of wild animal conservation of the State Council shall, in conjunction with the relevant departments of the State Council, conduct planning on the conservation and utilization of genetic resources of wild animals, establish a national gene bank of genetic resources of wild animals, and implement priority conservation of the genetic resources of rare and endangered species of wild animals originating in China.
Article 18 The relevant local people's governments shall, according to actual circumstances and needs, build isolation and protection facilities and set up safety warning signs, among others, to prevent the damage possibly caused by wild animals.
The competent departments of wild animal conservation of the people's governments at or above the county level shall, according to the results of the survey, monitoring, and assessment of wild animals and their habitats, take population control measures such as translocation of animals for conservation and hunting for the species whose population size obviously exceeds environmental capacity to guarantee personal and property safety, ecological security, and agricultural production. Wild animals hunted for population control shall be treated and comprehensively utilized in accordance with relevant provisions issued by the state. Specific measures for population control shall be developed by the competent department of wild animal conservation of the State Council in conjunction with other relevant departments of the State Council.
Article 19 Where any human casualties or any crop or other property losses are caused by the conservation of wild animals as required to be conserved under this Law, the local people's governments shall make compensation. The specific measures shall be developed by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government. The relevant local people's governments may impel insurance institutions to provide insurance compensation for damage caused by wild animals.
The relevant local people's governments shall be subsidized by the central finance for the funding necessary for them to take measures for preventing and controlling the damage caused by wild animals under state priority conservation and other terrestrial wild animals that may cause serious damage and make compensation. The specific measures shall be developed by the finance department of the State Council in conjunction with the competent department of wild animal conservation of the State Council.
Whoever causes any damage to wild animals for taking measures under any emergency circumstance that wild animals may endanger personal safety shall not be held legally liable in accordance with the law.
Chapter III Wild Animal Administration
Article 20 It shall be prohibited to hunt or catch wild animals or otherwise disturb the living and breeding of wild animals within relevant natural protected areas and the no-hunting (or no-fishing) zones or during the closed hunting (or fishing) seasons, except as otherwise specified by laws and regulations.
During the migration periods of wild animals, hunting or catching wild animals shall be prohibited, and activities otherwise disturbing the living and breeding of wild animals shall be strictly restricted, within the migration routes other than the areas prescribed in the preceding paragraph. The people's governments at or above the county level or their competent departments of wild animal conservation shall prescribe and publish the scope of migration routes and the activities disturbing the living and breeding of wild animals.
Article 21 Hunting, catching, or killing wild animals under state priority conservation shall be prohibited.
Where it is necessary to hunt or catch any wild animals under Grade-I state conservation for scientific research, population control, or monitoring of epidemic sources and epidemic diseases or under other special circumstances, an application for a special hunting or catching permit shall be filed with the competent department of wild animal conservation of the State Council. Where it is necessary to hunt or catch any wild animals under Grade-II state conservation, an application for a special hunting or catching permit shall be filed with the competent department of wild animal conservation of the people's government of the province, autonomous region, or municipality directly under the Central Government.
Article 22 Whoever intends to hunt or catch any terrestrial wild animals of significant ecological, scientific, or social value or wild animals under local priority conservation shall obtain, in accordance with the law, a hunting license issued by the competent department of wild animal conservation of the local people's government at or above the county level, and be subject to the hunting quota management.
Article 23 A hunter or catcher of wild animals shall hunt or catch wild animals strictly according to the species, quantity or quota, location, tools, means, and time limit as set forth in the special hunting or catching permit or the hunting license. After the completion of hunting or catching, the hunting or catching information shall be filed with the competent department of wild animal conservation which issues the special hunting or catching permit or the hunting license. Specific measures shall be developed by the competent department of wild animal conservation of the State Council. The hunting of wild animals under state priority conservation shall be undertaken by special institutions and personnel; and localities where conditions permit may engage specialized institutions to conduct the hunting of terrestrial wild animals of significant ecological, scientific, or social value in an organized manner.
Whoever intends to hunt or catch any wild animals with a gun must obtain a gun license issued by the public security authority.
Article 24 Hunting with poisons, explosives, electric shock and electronic trapping devices, hunting snares and clamps, clapnest, gun traps, volley guns, and other tools shall be prohibited, and illuminated hunting at night, annihilation hunting by encirclement, and hunting by destruction of nests, fire attack, smoke attack, net capturing, and other means shall be prohibited, except that net capturing or electronic trapping is necessary for species conservation or scientific research or the said acts are plant protection operations, among others.
The prohibited hunting and catching tools and means other than those as set forth in the preceding paragraph shall be prescribed and published by the local people's governments at or above the county level.
Article 25 The artificial breeding of wild animals shall be subject to the administration based on classification and grading, and wild animal resources shall be strictly conserved and utilized in a scientific manner. The state supports the artificial breeding of wild animals under state priority conservation by relevant scientific research institutions for the purpose of species conservation.
The artificial breeding of wild animals under state priority conservation shall be subject to a licensing system. Whoever intends to artificially breed wild animals under state priority conservation shall obtain an artificial breeding license upon approval of the competent department of wild animal conservation of the people's government of the province, autonomous region, or municipality directly under the Central Government, except that the State Council provides otherwise for the approval authorities.
The artificial breeding of terrestrial wild animals of significant ecological, scientific, or social value shall be filed with the competent departments of wild animal conservation of the people's governments at or above the county level.
In the artificial breeding of wild animals, the progeny and provenance under artificial breeding shall be used, and 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 on hunting and catching wild animals shall be observed.
“Progeny under artificial breeding” in this Law means the offspring individuals bred and born under artificial control with their parents also born under artificial control.
The specific measures for the administration of the artificial breeding of wild animals shall be developed by the competent department of wild animal conservation of the State Council.
Article 26 The artificial breeding of wild animals shall be conducive to species conservation and the scientific research thereon, and it is not allowed to illegally hunt or catch wild animals or destroy the wild population resources; it shall be ensured according to the habits of wild animals that the necessary conditions for activity space, living and breeding, and hygiene and health of wild animals are met, there are places, facilities, and technologies suitable for the breeding purposes and varieties and development scales, and the relevant technical standards and epidemic prevention requirements are satisfied; and no wild animals shall be abused.
The competent departments of wild animal conservation of the people's governments at or above the provincial level may, as needed for conservation of wild animals under state priority conservation, organize the release of wild animals under state priority conservation to wild environment.
The release of artificially bred wild animals other than those as prescribed in the preceding paragraph to wild environment shall be governed by the provisions of this Law on release of wild animals.
Article 27 Safety measures shall be taken for artificial breeding of wild animals to prevent wild animals from hurting people or escaping. Where wild animals artificially bred cause any damage to others, endanger public safety or destroy the ecology, the breeders and managers, among others, shall be held legally liable in accordance with the law.
Article 28 It shall be prohibited to sell, purchase, or utilize wild animals under state priority conservation and their products.
Where it is necessary to sell, purchase, or utilize wild animals under state priority conservation and their products for scientific research, artificial breeding, public display or performance, or cultural relics conservation or under other special circumstances, the approval from the competent departments of wild animal conservation of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government shall be obtained, and special labels shall be obtained and used in accordance with the relevant provisions to ensure traceability, except that the State Council provides otherwise for the approval authorities.
Whoever sells or utilizes terrestrial wild animals of significant ecological, scientific, or social value or wild animals under local priority conservation or their products shall provide certificates on legal sources such as hunting, artificial breeding or import and export.
The scope of and the administrative measures for the special labels for wild animals under state priority conservation and terrestrial wild animals of significant ecological, scientific, or social value and their products shall be developed by the competent department of wild animal conservation of the State Council.
Whoever sells wild animals prescribed in paragraphs 2 and 3 of this Article shall also attach quarantine certificates in accordance with the law.
For the public display or performance by utilizing wild animals, safety management measures shall be taken, and the health of the wild animals shall be ensured. Specific administrative measures shall be developed by the competent department of wild animal conservation of the State Council in conjunction with the relevant departments of the State Council.
Article 29 Wild animals under state priority conservation or terrestrial wild animals 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 wild animals under state priority conservation for artificial breeding or the list of terrestrial wild animals of significant ecological, scientific, or social value for artificial breeding as developed by the competent department of wild animal conservation of the State Council, and be adjusted when appropriate. For wild animals and their products included in the lists, the special labels may be directly obtained based on the artificial breeding licenses or recordation certificates according to the annual production quantities authorized by the competent departments of wild animal conservation of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government or the departments authorized by them, and the wild animals and their products may be sold and utilized based on the special labels to ensure traceability.
When the list of wild animals under state priority conservation or the list of terrestrial wild animals of significant ecological, scientific, or social value as mentioned in Article 10 of this Law is adjusted, the artificial populations of the wild animals for which the relevant artificial breeding technologies are mature and stable as prescribed in the preceding paragraph may no longer be included in the list of wild animals under state priority conservation or the list of terrestrial wild animals of significant ecological, scientific, or social value according to the status of conservation of relevant wild populations, and management measures different from those for wild populations may be taken, but the artificial breeding licenses or recordation certificates and special labels shall be obtained in accordance with the provisions of paragraphs 2 and 3 of Article 25 and paragraph 1 of this Article of this Law.
The artificial breeding populations of terrestrial wild animals as prescribed in paragraph 2 of Article 12 of the Animal Husbandry Law of the People's Republic of China may, upon scientific demonstration and assessment, be included in the list of genetic resources of livestock and poultry.
Article 30 The utilization of wild animals and their products shall be primarily based on artificial breeding populations, be conducive to the maintenance of wild populations, and satisfy the requirements of developing ecological civilization; social morality shall be respected; and laws and regulations and the relevant provisions issued by the state shall be complied with.
Where wild animals and their products are distributed and utilized as medicinal products, among others, the Medicinal Product Administration Law of the People's Republic of China and other relevant laws and regulations shall also be complied with.
Article 31 It shall be prohibited to eat wild animals under state priority conservation or terrestrial wild animals of significant ecological, scientific, or social value, or other terrestrial wild animals under state conservation.
It shall be prohibited to hunt, catch, trade in or transport the wild animals specified in the preceding paragraph that grow and reproduce naturally in the wild for the purpose of eating.
It shall be prohibited to produce or distribute food made of wild animals prescribed in paragraph 1 of this Article and their products.
It shall be prohibited to illegally purchase wild animals prescribed in paragraph 1 of this Article and their products for eating.
Article 32 It shall be prohibited to publish advertisements for selling, purchasing, or utilizing wild animals or for prohibited hunting or catching tools. It shall be prohibited to publish advertisements for the illegal sale, purchase or utilization of products of wild animals.
Article 33 Online trading platforms, commodity trading markets, and dining places, among others, shall be prohibited from providing display, trading or consumption services for the illegal sale, purchase, eating or utilization of wild animals or their products or prohibited hunting or catching tools.
Article 34 Whoever transports, carries, or delivers wild animals under state priority conservation or their products or wild animals removed from the list of wild animals under state priority conservation as prescribed in paragraph 2 of Article 29 of this Law or their products out of a county shall hold or attach the duplicate of the license or approval document or the special labels prescribed in Article 21, 25, 28 or 29 of this Law.
Whoever transports, carries, or delivers terrestrial wild animals of significant ecological, scientific, or social value or wild animals under local priority conservation, or wild animals removed from the list of terrestrial wild animals of significant ecological, scientific, or social value as prescribed in paragraph 2 of Article 29 of this Law out of a county shall hold the certificates on legal sources such as hunting, artificial breeding, or import and export or special labels.
Whoever transports, carries, or delivers wild animals prescribed in the preceding two paragraphs out of a county shall also attach quarantine certificates in accordance with the provisions of the Animal Epidemic Prevention Law of the People's Republic of China.
Railway, road, water transport, civil aviation, postal, express delivery and other enterprises shall check the duplicates of relevant certificates and documents or special labels concerning the wild animals consigned, carried or delivered; and shall not undertake the transportation of or deliver those that fail to comply with the provisions.
Article 35 The competent departments of wild animal conservation of the people's governments at or above the county level shall regulate, supervise and administer scientific research, artificial breeding, public display and performance, and other activities utilizing wild animals and their products.
Market regulation, customs, railway, road, water transport, civil aviation, postal and other departments shall, according to the division of their functions, conduct supervisory inspections of the trading in and the utilization, transportation, carriage, and delivery, among others, of wild animals and their products.
The state establishes a joint law enforcement coordination mechanism for wild animals under which the competent departments of forestry and grassland and fisheries of the State Council take the lead and all relevant departments cooperate with each other. Local people's governments shall establish corresponding coordination mechanisms for joint law enforcement.
Where the competent department of wild animal conservation of a people's government at or above the county level or any other department with the function of wild animal conservation finds that any fact of the violation of law is suspected of any crime, it shall transfer the clues to the crime to the authorities with the powers of criminal investigation and investigation.
Where, in the process of handling a case of any wild animal conservation crime, a public security authority, people's procuratorate, or people's court, holds that that no crime is actually committed or the criminal facts are evidently petty and the offender needs not be held criminally liable but shall be given an administrative punishment, it shall transfer the case to the competent department of wild animal conservation of the people's governments at or above the county level and other departments with the function of wild animal conservation in a timely manner, and the relevant departments shall handle it in accordance with the law.
Article 36 The competent department of wild animal conservation of a people's governments at or above the county level and other departments with the function of wild animal conservation may, when performing the duties prescribed in this Law, take the following measures:
(1) Entering places related to violations of wild animal conservation administration for on-site inspection and investigation.
(2) Inspecting, testing, and taking evidence by sampling of wild animals.
(3) Seizing and copying relevant documents and materials, and sealing up documents and materials that may be transferred, destroyed, concealed, or tampered with.
(4) Seizing and impounding the wild animals and their products without certificates on legal sources, and seizing or impounding tools, equipment or property involved in the suspected illegal hunting or catching of wild animals or illegal purchase, sale, processing or transportation of wild animals or their products.
Article 37 The lists of wild animals and their products prohibited or restricted from trade under international conventions concluded or acceded to by the People's Republic of China shall be developed, adjusted, and published by the administrative authority of the state in charge of the import and export of endangered species.
To import and export wild animals or their products included in the lists in the preceding paragraph or export wild animals under state priority conservation or their products, the approval from the competent department of wild animal conservation of the State Council or from the State Council shall be obtained, and the certificate allowing import and export issued by the administrative authority of the state in charge of the import and export of endangered species shall also be obtained. Entry and exit quarantine shall be implemented in accordance with the law. The Customs shall handle entry and exit quarantine formalities on the basis of the certificate allowing import and export, and handle other customs formalities in accordance with the law.
The export of any species of wild animals involving science and technology confidentiality shall be handled in accordance with the relevant provisions issued by the State Council.
The wild animals included in the list in paragraph 1 of this Article shall, upon confirmation by the competent department of wild animal conservation of the State Council, be administered in accordance with the relevant provisions of this Law.
Article 38 It shall be prohibited to provide unique genetic resources of wild animals in China to overseas institutions or personnel. Where international scientific research cooperation is conducted, approval shall be obtained in accordance with the law, China's scientific research institutions, institutions of higher learning, enterprises and researchers shall substantively participate in the research, plans on sharing benefits with the state shall be put forward as required, and the provisions of Chinese laws and administrative regulations shall be complied with.
Article 39 The state shall organize international cooperation and exchange on wild animal conservation and relevant law enforcement, strengthen collaboration with adjacent countries, and protect wild animals' migration routes; and establish an inter-departmental coordination mechanism for preventing and suppressing the smuggling of and illicit trading in wild animals and their products, and take action to prevent and suppress the smuggling of and illicit trading in wild animals and their products.
Article 40 The introduction of any species of wild animals from abroad shall be subject to the approval of the competent department of wild animal conservation of the State Council. Where any species of wild animals included in the list in paragraph 1 of Article 37 of this Law is introduced from abroad, the certificate allowing import and export shall also be obtained in accordance with the law. Entry quarantine shall be implemented in accordance with the law. The Customs shall handle entry quarantine formalities on the basis of the import approval document or the certificate allowing import and export, and handle other customs formalities in accordance with the law.
Where any species of wild animals is introduced from abroad, safe and reliable preventive measures shall be taken to prevent the wild animals from entering wild environment and avoid any damage to the ecosystem. It is not allowed to release or discard wild animals. If it is really necessary to release them into the wild environment, the provisions of relevant laws and regulations shall be observed.
Where it is found that wild animals from areas outside China have caused any damage to the ecosystem, the competent department of wild animal conservation of the people's governments at or above the county level and other relevant departments shall take corresponding safety control measures.
Article 41 The competent department of wild animal conservation of the State Council shall, in conjunction with the relevant departments of the State Council, strengthen the regulation of and guidance on the release of wild animals. Any organization or individual that releases captured wild animals to wild environment shall select the local species suitable for surviving in the wild at the places of release, and such release shall cause no disturbances in the normal life and production of local residents, and avoid any damage to the ecosystem. Specific measures shall be developed by the competent department of wild animal conservation of the State Council. Where any organization or individual that releases wild animals at will causes any bodily injury or property damage to any other person or causes any damage to the ecosystem, the organization or individual shall be held liable in accordance with the law.
Article 42 It shall be prohibited to forge, alter, purchase, sell, transfer, or lease the special hunting or catching permits, the hunting licenses, the artificial breeding licenses or special labels, the approval documents for selling, purchasing, or utilizing wild animals under state priority conservation or their products, the certificates allowing import and export, or the import and export approval documents, among others.
The relevant information on issuance of the relevant licenses, special labels, and approval documents as prescribed in the preceding paragraph shall be disclosed to the public in accordance with the law.
Article 43 Foreigners intending to conduct field surveys or make films or videos of wild animals under state priority conservation in China shall be subject to the approval of the competent departments of wild animal conservation of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government or the entities authorized by them, and comply with the provisions of relevant laws and regulations.
Article 44 The people's congresses of provinces, autonomous regions, or municipalities directly under the Central Government or their standing committees may develop the measures for the administration of wild animals under local priority conservation, among others, in light of actual local circumstances.
Chapter IV Legal Liability
Article 45 Where a competent department of wild animal conservation or any other relevant department fails to make an administrative licensing decision in accordance with the law, fails to legally handle any violation of the law after discovering it or receiving a report on it, or otherwise fails to perform its functions in accordance with the law such as abusing its power, neglecting its duties, or practicing favoritism or makes falsification for personal gains, disciplinary action shall be taken against its directly responsible person in charge and other directly liable persons in accordance with the law; and if the conduct is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 46 Violators of paragraph 3 of Article 12 or paragraph 2 of Article 13 of this Law shall be punished in accordance with the provisions of relevant laws and regulations.
Article 47 Whoever, in violation of paragraph 4 of Article 15 of this Law, trades in wild animals or their products in the name of sheltering or recuing wild animals shall be fined not less than two nor more than 20 times the value of the wild animals or their products by the competent department of wild animal conservation of the people's government at or above the county level, with the wild animals or their products and all illegal income confiscated, and the relevant information on the violation shall be included in the violator's social credit records and announced to the public; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 48 Whoever, in violation of Article 20, Article 21, paragraph 1 of Article 23, or paragraph 1 of Article 24, commits any of the following acts shall be fined not less than two nor more than 20 times the value of the catch or if there is no catch or the value of the catch is less than 5,000 yuan, be fined not less than 10,000 yuan nor more than 100,000 yuan by the competent department of wild animal conservation of the people's government at or above the county level, the coast guard agency, and the administrative authority of the relevant natural protected area according to the division of their functions, with the catch, the hunting or catching tool, and all illegal income confiscated and the special hunting or catching permit revoked; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
(1) Hunting or catching any wild animal under state priority conservation in a natural protected area or a no-hunting (or no-fishing) zone or during a closed hunting (or fishing) season.
(2) Hunting, catching, or killing any wild animal under state priority conservation without a special hunting or catching permit or against the requirements of a special hunting or catching permit.
(3) Hunting or catching any wild animal under state priority conservation with a prohibited tool or by a prohibited means.
Whoever, in violation of paragraph 1 of Article 23 of this Law, fails to file the information on hunting or catching to a competent department of wild animal conservation shall be ordered by the competent department of wild animal conservation which issues the special hunting or catching permit or the hunting license to take corrective action during a specified period, and if the violator fails to do so during the specified period, be fined not less than 10,000 yuan nor more than 100,000 yuan; and if the circumstances are serious, the special hunting or catching permit or the hunting license shall be revoked.
Article 49 Whoever, in violation of Article 20, Article 21, paragraph 1 of Article 23, or paragraph 1 of Article 24, commits any of the following acts shall be fined not less than the value nor more than ten times the value of the catch or if there is no catch or the value of the catch is less than 2,000 yuan, be fined not less than 2,000 yuan nor more than 20,000 yuan by the competent department of wild animal conservation of the local people's government at or above the county level and the administrative authority of the relevant natural protected area according to the division of their functions, with the catch, the hunting or catching tool, and all illegal income confiscated and the hunting license revoked; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
(1) Hunting or catching any terrestrial wild animal of significant ecological, scientific, or social value, or any wild animal under local priority conservation in a natural protected area or a no-hunting (or no-fishing) zone or during a closed hunting (or fishing) season.
(2) Hunting or catching any terrestrial wild animal of significant ecological, scientific, or social value, or any wild animal under local priority conservation without a hunting license or against the requirements of a hunting license.
(3) Hunting or catching any terrestrial wild animal of significant ecological, scientific, or social value or any wild animal under local priority conservation with a prohibited tool or by a prohibited means.
Whoever, in violation of Article 20 or paragraph 1 of Article 24 of this Law, hunts or catches any other terrestrial wild animal in a natural protected area or a no-hunting zone, during a closed hunting season, or with a prohibited tool or by a prohibited means, destroying the ecology, shall be fined not less than the value nor more than three times the value of the catch or if there is no catch or the value of the catch is less than 1,000 yuan, be fined not less than 1,000 yuan nor more than 3,000 yuan by the competent department of wild animal conservation of the local people's government at or above the county level and the administrative authority of the relevant natural protected area according to the division of their functions, with the catch, the hunting or catching tool, and all illegal income confiscated; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Whoever, in violation of paragraph 2 of Article 23 of this Law, hunts or catches any wild animal with a gun without obtaining a gun license, which constitutes a violation of public security administration, shall also be punished in accordance with the law by the public security authority for violating public security administration; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 50 Whoever, in violation of paragraph 2 of Article 31 of this Law, hunts, catches, trades in or transports any wild animal under state priority conservation or any terrestrial wild animal of significant ecological, scientific, or social value that grows and reproduces naturally in the wild for the purpose of eating shall be given a heavier punishment in accordance with Articles 48, 49 and 52 of this Law
Whoever, in violation of paragraph 2 of Article 31 of this Law, hunts or catches any other terrestrial wild animal that grows and reproduces naturally in the wild for the purpose of eating shall have the catch, the hunting or catching tool, and all illegal income confiscated by the competent department of wild animal conservation of the local people's government at or above the county level and the administrative authority of the relevant natural protected area according to the division of their functions; and if the circumstances are serious, be fined not less than the value nor more than five times the value of the catch or if there is no catch or the value of the catch is less than 2,000 yuan, be fined not less than 2,000 yuan nor more than 10,000 yuan. If the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Whoever, in violation of paragraph 2 of Article 31 of this Law, trades in or transports any other terrestrial wild animal that grows and reproduces naturally in the wild for the purpose of eating shall have the wild animal confiscated by the competent department of wild animal conservation and the market regulation department of the local people's government at or above the county level according to the division of their functions; and if the circumstances are serious, be fined not less than the value nor more than five times the value of the wild animal. If the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 51 Whoever, in violation of paragraph 2 of Article 25 of this Law, breeds any wild animals under state priority conservation or any wild animals removed from the list of wild animals under state priority conservation as prescribed in paragraph 2 of Article 29 of this Law without obtaining an artificial breeding license shall be fined not less than the value nor more than ten times the value of the wild animals and their products by the competent department of wild animal conservation of the people's government at or above the county level, with the wild animals and their products confiscated.
Whoever, in violation of paragraph 3 of Article 25 of this Law, fails to undergo recordation formalities for the artificial breeding of any terrestrial wild animals of significant ecological, scientific, or social value or any wild animals removed from the list of terrestrial wild animals of significant ecological, scientific, or social value as prescribed in paragraph 2 of Article 29 of this Law shall be ordered by the competent department of wild animal conservation of the people's government at or above the county level to take corrective action during a specified period; and if the violator fails to do so during the specified period, be fined not less than 500 yuan nor more than 2,000 yuan.
Article 52 Whoever, in violation of paragraph 1 or 2 of Article 28, paragraph 1 of Article 29, or paragraph 1 of Article 34 of this Law, uses without approval, fails to obtain, or fails to use as required any special labels, or sells, purchases, utilizes, transports, carries, or delivers any wild animals under state priority conservation or their products or any wild animals removed from the list of wild animals under state priority conservation as prescribed in paragraph 2 of Article 29 of this Law or their products without holding or attaching the duplicate of the artificial breeding license or the approval document or the special labels shall be ordered to close down the illegal business premise and be fined not less than two nor more than 20 times the value of the wild animals or their products by the competent department of wild animal conservation and the market regulation department of the people's government at or above the county level according to the division of their functions, with the wild animals or their products and all illegal income confiscated; if the circumstances are serious, the artificial breeding license shall be revoked, the approval document shall be cancelled, and the special labels shall be retracted; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Whoever, in violation of paragraph 3 of Article 28, paragraph 1 of Article 29, or paragraph 2 of Article 34 of this Law, sells, utilizes, transports, carries or delivers any terrestrial wild animals of significant ecological, scientific, or social value, wild animals under local priority conservation, or wild animals removed from the list of terrestrial wild animals of significant ecological, scientific, or social value as prescribed in paragraph 2 of Article 29 of this Law or their products without holding the certificates on legal sources or special labels shall be fined not less than the value nor more than ten times the value of the wild animals by the competent department of wild animal conservation and the market regulation department of the local people's government at or above the county level according to the division of their functions, with the wild animals confiscated; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Where any railway, road, water transport, civil aviation, postal, express delivery or any other enterprise, in violation of paragraph 4 of Article 34 of this Law, fails to check, undertake the transportation of or deliver wild animals or their products as required, the transportation, railway supervision and administration, civil aviation, postal administration, and other relevant departments shall confiscate the illegal income according to the division of their functions, and impose a fine of not less than the value nor more than five times the value of the illegal income thereon; and if the circumstances are serious, the operation permit shall be revoked.
Article 53 Whoever, in violation of paragraph 1 or 4 of Article 31 of this Law, eats or illegally purchases for eating purpose wild animals conserved in this Law or their products shall be ordered to stop the illegal act and be fined not less than two nor more than 20 times the value of the wild animals or their products by the competent department of wild animal conservation and the market regulation department of the people's government at or above the county level according to the division of their functions, with the wild animals or their products confiscated; whoever eats or illegally purchases for eating purpose other terrestrial wild animals or their products shall be ordered to stop the illegal act and be criticized and educated, with the wild animals or their products confiscated, and if the circumstances are serious, be fined not less than the value nor more than five times the value of the wild animals or their products; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Whoever, in violation of paragraph 3 of Article 31 of this Law, produces or distributes any food made of wild animals conserved in this Law or their products shall be ordered to stop the illegal act and close down the illegal business premise and be fined not less than 15 times nor more than 30 times the value of the illegal income by the competent department of wild animal conservation and the market regulation department of the people's government at or above the county level according to the division of their functions, with the wild animals or their products and all illegal income confiscated; whoever produces or distributes any food made of other terrestrial wild animals or their products shall be criticized and educated, with the wild animals or their products and all illegal income confiscated, and if the circumstances are serious, be fined not less than the value nor more than ten times the value of the illegal income; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 54 Whoever, in violation of Article 32 of this Law, publishes advertisements for selling, purchasing, or utilizing wild animals or their products or for prohibited hunting or catching tools shall be punished in accordance with the provisions of the Advertising Law of the People's Republic of China.
Article 55 Whoever, in violation of Article 33 of this Law, provides display, trading or consumption services for the illegal sale, purchase, eating or utilization of wild animals or their products or prohibited hunting or catching tools shall be ordered to stop the illegal act and take corrective action during a specified period, and be fined not less than two nor more than ten times the value of the illegal income or if there is no illegal income or the value of the illegal income is less than 5,000 yuan, be fined not less than 10,000 yuan nor more than 100,000 yuan by the market regulation department of the people's government at or above the county level, with all illegal income confiscated; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 56 Whoever, in violation of Article 37 of this Law, imports or exports wild animals or their products shall be punished by the Customs, public security authority, and coast guard agency in accordance with laws, administrative regulations, and the relevant provisions issued by the state; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 57 Whoever, in violation of Article 38 of this Law, provides unique genetic resources of wild animals in China to overseas institutions or personnel shall be fined not less than the value nor more than five times the value of the wild animals and their products and the illegal income by the competent department of wild animal conservation of the people's government at or above the county level, with the wild animals and their products and all illegal income confiscated; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 58 Whoever, in violation of paragraph 1 of Article 40 of this Law, introduces from abroad any species of wild animals shall be fined not less than 50,000 yuan nor more than 500,000 yuan by the competent department of wild animal conservation of the people's government at or above the county level, with the introduced wild animals confiscated; and if the introduced wild animals fail 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 Quarantine of Entry and Exit Animals and Plants. If the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 59 Whoever, in violation of paragraph 2 of Article 40 of this Law, releases or discards any wild animals introduced from abroad shall be ordered to recapture such animals during a specified period and be fined not less than 10,000 yuan nor more than 100,000 yuan by the competent department of wild animal conservation of the people's government at or above the county level; if the violator fails to do so during the specified period, the competent department of wild animal conservation shall recapture such animals on behalf of the violator or take measures to reduce the impacts, with all costs necessary assumed by the violator ordered to recapture such animals during the specified period; and if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 60 Whoever, in violation of paragraph 1 of Article 42 of this Law, forges, alters, purchases, sells, transfers, or leases the relevant permits, licenses, special labels, or relevant approval documents shall be fined not less than 50,000 yuan nor more than 500,000 yuan by the competent department of wild animal conservation of the people's government at or above the county level, with the illicit permits, licenses, special labels, or relevant approval documents and all illegal income confiscated; and if the violation constitutes a violation of public security administration, the violator shall be punished in accordance with the law by the public security authority for violating public security administration; or if the violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 61 The competent departments of wild animal conservation of the people's governments at or above the county level and other departments and institutions with the function of wild animal conservation shall handle the wild animals and their products confiscated in accordance with relevant provisions. Specific measures shall be developed by the competent department of wild animal conservation of the State Council in conjunction with the relevant departments of the State Council.
Article 62 The competent departments of wild animal conservation of the people's governments at or above the county level shall strengthen the regulation of and guidance on the identification and value assessment of wild animals and their products. The assessment standards and methods for the values of the catches and the values of wild animals and their products as prescribed in this Law shall be developed by the competent department of wild animal conservation of the State Council.
Article 63 Where wild animal resources or ecology or environment is destroyed or public interests are damaged in violation of the provisions of this Law, lawsuits may be filed with the with the people's courts in accordance with the Environmental Protection Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, the Administrative Litigation Law of the People's Republic of China and other laws.
Chapter V Supplemental Provisions
Article 64 This Law shall come into force on May 1, 2023.