Measures of Jilin Province on Prohibiting Hunting and Catching Terrestrial Wildlife
(Discussed and adopted at the 48th Standing Meeting of Jilin Provincial Government on August 27th, 2001; revised in accordance with the Decision of the People's Government of Jilin Province on Abolishing and Amending Some Regulations)
Article 1. These Measures are formulated for the purposes of further implementing the work of prohibiting hunting and catching terrestrial wildlife (hereinafter referred to as the prohibition of hunting) and effectively protecting the land wildlife resources, in accordance with the Wild Animal Conservation Law of the People's Republic of China, Regulation of the Peoples' Republic of China on the Protection of Wild Animals and the Decision of the Standing Committee of the People's Congress of Jilin Province on Prohibiting Hunting and Catching Terrestrial Wildlife, and in the light of the actual circumstances of this Province.
Article 2. All units and individuals engaged in hunting, domesticating and breeding terrestrial wildlife, purchasing, selling, processing, transporting and carrying terrestrial wildlife and their products within the administrative area of this Province shall abide by these Measures.
Article 3. No unit or individual may hunt, sell, acquire, transport or carry any terrestrial wildlife and their products (except for the capture of rodents) unless a license may be obtained for hunting in accordance with the Regulation of the Peoples' Republic of China on the Protection of Terrestrial Wild Animals and the case of foreign hunting grounds approved by the State.
Article 4. The people's governments at all levels shall strengthen their leadership in the prohibition of hunting, and take effective measures to ensure the smooth implementation of the work.
Article 5. The competent forestry administrative departments of the people's governments at the county level and upwards shall be the department in charge of terrestrial wildlife protection, and the competent forestry administrative departments shall provide full-time staff for the management of terrestrial wildlife protection. The relevant departments of industry and commerce, public security, transportation, railway and civil aviation shall perform their respective duties, cooperate with the competent forestry administrative department to perform the prohibition of hunting.
Article 6. The nature reserve administrations, the state-owned forestry administrations, the forest management bureaus, the state-owned forest farms and the armed police forest forces shall establish a patrol and conservation system to ensure the implementation of prohibition on hunting in their respective administrative areas.
Article 7. Where the protection of terrestrial wildlife under the key protection of the State or Province results in the loss of crops and other losses, the party concerned may submit a written application to the local people's government of the county (city, district) for compensation for the loss, and the local people's government of the county (city, district) shall, upon investigation and verification, give appropriate economic compensations.
Article 8. The competent forestry administrative departments at all levels shall regularly organize the investigation on terrestrial wildlife resources, establish archives of terrestrial wildlife resources and monitoring mechanism for the resources, so as to keep abreast of the changing trends of resources and provide scientific basis for the management of the prohibition of hunting.
Article 9. The public security organs at all levels shall take measures such as technical handling or centralized storage to strictly control firearms and ammunition used for hunting.
The public security organs may not issue the firearms licenses for hunting (except for commercial hunting grounds approved in accordance with law).
The enterprises without the approval of the State or Province may not produce and sell firearms and ammunition.
It is prohibited for any unit or individual to produce and sell hunting tools such as sticky nets, clamps and etc.
Article 10. The relevant administrative departments at all levels, such as public security, agriculture and others, shall strengthen the control over highly toxic chemicals and pesticides, so as to prevent them from being used to poison and kill terrestrial wildlife.
Article 11. Units and individuals engaged in domestication and breeding of terrestrial wildlife shall meet the following conditions:
(1) The provenance of terrestrial wildlife is legal;
(2) The fixed places and necessary facilities suitable for domestication and breeding of terrestrial wildlife are available;
(3) The funds, personnel and techniques suitable for the species and quantity of domestication and breeding of terrestrial wildlife are available;
(4)The sources of fodder for domestication and breeding of terrestrial wildlife are available;
(5)Other conditions prescribed by the State and Province.
Article 12. The units and individuals engaged in domestication and breeding of terrestrial wildlife shall hold the License for Domestication and Breeding of National Key Protection Wildlife or License for Domestication and Breeding of National Non-Key Protection Wildlife (hereinafter collectively referred to as the Domesticated and Breeding License). The Domesticated and Breeding Licenses are issued as follows:
(1) Domestication and breeding of terrestrial wildlife under the first-grade State protection, upon examination and examination by the forestry administrative department of the Province, shall be submitted to the forestry administrative department under the State Council for approval, with the license issued by the forestry administrative department of the Province;
(2) Domestication and breeding of terrestrial wildlife under the second-grade State protection, upon examination and examination by the forestry administrative department of the city (prefecture), shall be submitted to the forestry administrative department of the Province for approval and issuance of license;
(3) Domestication and breeding of terrestrial wildlife under key protection of the Province, for the purpose of business, upon examination and examination by the forestry administrative department at the county level, shall be submitted to the forestry administrative department of the city (prefecture) for approval and issuance of license; and
(4) Domestication and breeding of terrestrial wildlife not under key protection of the State and the Province, for the purpose of business, shall be submitted to the forestry administrative department of the county for approval and issuance of license.
The competent forestry administrative department with the right to issue license shall, within 20 days from the date of receipt of the application, make a decision on whether to issue the license or not; if the license is not issued, the applicant unit and individual shall be notified in writing and the reasons shall be explained.
Article 13. The units and individuals domesticating and breeding terrestrial wildlife shall domesticate and breed them in accordance with the species prescribed in the Domestication and Breeding License. Where the species of domesticated and bred wild animals are changed, they shall apply to the original approval authority for the change formalities; Whoever terminates domestication and breeding of terrestrial wildlife shall, within 30 days before the termination, go through the termination formalities with the original approval authority and return the Domestication and Breeding License.
Article 14. The units and individuals who sell their domesticated and bred terrestrial wildlife and products for the purpose of business shall, after obtaining the Domestication and Breeding License, apply for the Business License to the administrative department for industry and commerce in accordance with the law before selling.
Article 15. In addition to the circumstances specified in Article 14 of these Measures, units and individuals engaged in the following activities for the purpose of business shall handle the License for Purchase, Sales and Processing of Wildlife in accordance with the following provisions, and go to the administrative department for industry and commerce to handle the Business License in accordance with the law:
(1) As for the acquisition, sale, and processing of domesticated and bred terrestrial wildlife and its products under the national key protection, and for hotels, guesthouses, restaurants, eating houses and other victualing houses operating the terrestrial wildlife and its products under the provincial key protection, an application shall be filed to the local forestry administrative department, and reported to the forestry administrative department of the Province level by level for approval and issuance of License for Purchase, Sales and Processing of Wildlife.
(2) As for the acquisition, sale, and processing of domesticated and bred terrestrial wildlife and its products under the provincial key protection (except for the catering industry), an application shall be filed to the local forestry administrative department, and then reported to the forestry administrative department of the city (prefecture) for approval and issuance of License for Purchase, Sales and Processing of Wildlife.
(3) As for the acquisition, sale, and processing of domesticated and bred terrestrial wildlife and its products not under the provincial key protection of the State and Province, the local forestry administrative department at the county level shall approve and issue the License for Purchase, Sales and Processing of Wildlife.
The competent forestry administrative department with the right to issue license shall, within 20 days from the date of receipt of the application, make a decision on whether to issue the license or not; if the license is not issued, the applicant unit and individual shall be notified in writing and the reasons shall be explained.
Article 16. For transporting, carrying and sending wildlife and its products under state key protection, the wildlife and its products mentioned in the second paragraph of Article 28 of the People's Republic of China's Wildlife Protection Law out of the county territory, they shall be provided or attached with license, copy of approval document or special identification and quarantine certificate as stipulated in Articles 21, 25, 27 and 28 of the Wildlife Protection Law of the People's Republic of China.
For transporting wild animals not under special state protection out of county territory, certificates of lawful origin shall be attached for hunting, import and export, as well as quarantine certificates.
Article 17. It is prohibited to sell and purchase non-domesticated terrestrial wildlife and its products at the market.
Business, catering, pharmaceutical factories, pharmacies and other units and individuals are not allowed to purchase and process non-domesticated terrestrial wildlife and its products.
Article 18. As for the terrestrial wildlife and its products from outside enter the Province for sale, the operator shall hold the lawful certificate of sale and transportation issued by the forestry administrative department of the province at the place of origin, and shall report it to the competent forestry administrative department of the Province after examination and examination before selling.
Article 19. In the open hunting grounds approved by the State, the hunting shall be uniformly organized by the provincial forestry administrative department in accordance with the hunting plan issued by the State forestry administrative department. No unit or individual shall enter the hunting ground illegally without the permission of the State forestry administrative department or the provincial forestry administrative department.
Article 20. As for those in violation of the provisions of these Measures, illegally hunts and kills terrestrial wildlife under key protection of the State, the competent forestry administrative department shall confiscate the hunted objects, hunting tools and illegal proceeds. If there is any hunted object, a fine equivalent to 5 to 10 times the value of the object shall be imposed, and if there is no hunted object, a fine of not less than RMB 1000 and not more than RMB 5000 shall be imposed.
Article 21. As for those in violation of the provisions of these Measures, illegally hunts and catches terrestrial wildlife under key protection of the Province, the competent forestry administrative department shall confiscate the hunting tools and illegal income. If there is any hunted object, a fine equivalent to 4 to 8 times the value of the object shall be imposed, and if there is no hunted object, a fine of not less than RMB 500 and not more than RMB 1000 shall be imposed.
Article 22. As for those in violation of the provisions of these Measures, illegally hunts and catches terrestrial wildlife not under key protection of the State or Province, the competent forestry administrative department shall confiscate the hunting tools and illegal income. If there is any hunted object, a fine equivalent to 2 to 4 times the value of the object shall be imposed, and if there is no hunted object, a fine of not less than RMB 200 and not more than RMB 500 shall be imposed.
Article 23. As for those in violation of the provisions of these Measures, carries or uses guns to hunt and catch terrestrial wildlife without obtaining a gun license shall be punished by the public security organ in accordance with the provisions of the relevant laws.
Article 24. As for those in violation of the provisions of these Measures, domesticate and breed terrestrial wildlife without obtaining the Domestication and Breeding License or beyond the scope of the license, the forestry administrative department shall confiscate the illegal income, impose a fine of not less than RMB 2000 but not more than RMB 3000, and may concurrently confiscate terrestrial wildlife and revoke its domestication and breeding license.
Article 25. As for those in violation of the provisions of these Measures, acquires or sells terrestrial wildlife and its products under the key protection of the State or Province, the administrative department for industry and commerce or the competent forestry administrative department authorized by it shall confiscate the material objects and illegal income, and may concurrently impose a fine equivalent to 5 times the physical value.
Article 26. Whoever, in violation of the provisions of these measures, transports, carries, or sends wildlife and its products under state and non-state key protection, shall be punished in accordance with Article 48 of the Wildlife Protection Law of the People's Republic of China." In addition, the order of the above amended government regulations is adjusted accordingly.
Article 27. The terrestrial wildlife and its products confiscated by the administrative department for industry and commerce shall be promptly handed over to the forestry administrative department for handling in accordance with law.
Article 28. As for those violate the provisions of these Measures shall be punished by the public security organs in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security. If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 29. If any functionary from the administration of terrestrial wildlife protection neglects his duty, abuses his power, engages in malpractice for personal gain or seeks bribes or accepts bribes, administrative sanctions shall be given by his unit or the competent authority at a higher level; Where a crime is constituted, the criminal responsibility shall be investigated in accordance with law.
Article 30. If the parties do not accept the decision of the relevant departments to issue license or any administrative penalties, they may apply for administrative reconsideration or initiate administrative proceedings in accordance with law.
Article 31. The list of terrestrial wildlife protected by the State and Province shall be published by the competent forestry administrative department of the Province.
Article 32. These Measures shall become into effective as of the date of promulgation.