Law of the People's Republic of China on the Protection of Wildlife (Revised in 2022)
Law of the People's Republic of China on the Protection of Wildlife (Revised in 2022)
Law of the People's Republic of China on the Protection of Wildlife (Revised in 2022)
Order of the President of the People's Republic of China No.126
December 30, 2022
The Law of the People's Republic of China on the Protection of Wildlife, which was revised and adopted at the 38th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 30, 2022, is hereby issued and shall come into force as of May 1, 2023.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Protection of Wildlife
(Adopted at the Fourth Session of the Standing Committee of the Seventh National People's Congress on November 8, 1988; amended for the first time in accordance with the Decision on Amending the Law of the People's Republic of China on the Protection of Wildlife adopted at the 11th Session of the Standing Committee of the Tenth National People's Congress on August 28, 2004; amended for the second time in accordance with the Resolution on Amending Several Laws adopted at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; revised for the first time at the 21st Session of the Standing Committee of the 12th National People's Congress on July 2, 2016; amended for the third time in accordance with the Decision on Amending 15 Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018; and revised for the second time at the 38th Session of the Standing Committee of the 13th National People's Congress on December 30, 2022)
Table of Contents
Chapter I General Provisions
Chapter II Protection of Wildlife and Its Habitats
Chapter III Administration of Wildlife
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 The Law is formulated for the purpose of protecting wildlife, saving rare and endangered species of wildlife, maintaining biodiversity and ecological balance, promoting the construction of ecological civilization, and facilitating the harmonious coexistence between humans and nature.
Article 2 The Law applies to wildlife protection and other related activities within the territory and other water areas within the jurisdiction of the People's Republic of China.
For the purpose of the Law, the wildlife protected refers to rare or endangered species of terrestrial and aquatic wildlife and species of terrestrial wildlife which are of important ecological, scientific, or social value.
For the purpose of the Law, wildlife and its products refer to the entire (including spawn and egg) and parts of a species body and its derivatives.
As regards the protection of the species of aquatic wildlife other than those which are rare or endangered, the provisions of the Fisheries Law of the People's Republic of China and other related laws shall apply.
Article 3 Wildlife resources shall be owned by the State.
The State shall protect the legitimate rights and interests of organizations and individuals that are engaged in scientific research, artificial breeding, protection, and other related activities in connection with wildlife in accordance with the law.
Article 4 The State shall strengthen the protection and restoration of important ecological systems, adhere to the principle of "giving priority to wildlife protection, regulating utilization, and tightening regulation", encourage and support the conducting of scientific research and application related to wildlife, uphold the concept of ecological civilization, and promote green development.
Article 5 The State shall protect wildlife and its habitats. The people's governments at or above the county level shall formulate protection plans and take related measures to protect wildlife and its habitats, and budget for wildlife protection.
The State encourages citizens, legal persons, and other organizations to participate in wildlife protection activities through donations, grants, voluntary services, etc. and support wildlife protection public welfare causes in accordance with the law.
For the purpose of the Law, wildlife habitat refers to the important area where the wild population of wildlife lives and breeds.
Article 6 All organizations and individuals have the obligation to protect wildlife and its habitats. It is forbidden to illegally hunt, transport or trade in wildlife or destroy its habitats.
The public shall enhance the awareness of wildlife protection and public health security maintenance, prevent the spread of wildlife-derived infectious diseases, resist illegal consumption of wildlife, and develop a civilized and healthy lifestyle.
All organizations and individuals have the right to report acts which violate the Law, and the competent wildlife protection departments or other related departments under the people's governments at or above the county level shall handle such reports in a timely manner in accordance with the law.
Article 7 The competent forestry and grassland department and the competent fishery department under the State Council shall be respectively responsible for the nationwide protection of terrestrial and aquatic wildlife.
The local people's governments at or above the county level shall be responsible for the protection of wildlife within their respective jurisdictions, and their competent forestry and grassland departments and competent fishery departments shall be respectively responsible for the protection of terrestrial and aquatic wildlife within their respective jurisdictions.
The relevant departments under the people's governments at or above the county level shall be responsible for the work related to wildlife protection within their respective duties.
Article 8 The people's governments at all levels shall strengthen publicity, education, and scientific knowledge dissemination in respect of wildlife protection, and encourage and support grass-roots self-governing mass organizations, social organizations, enterprises, public institutions, and volunteers in the dissemination of wildlife protection laws and regulations, ecological protection and other relevant knowledge; organize and carry out the training on laws, regulations and professional knowledge for the relevant practitioners; and disclose the information on wildlife protection and management in accordance with the law.
Educational administrative departments and schools shall provide students with education on wildlife protection knowledge.
News media shall publicize wildlife protection laws, regulations, and the relevant knowledge, and conduct media supervision in respect of illegal acts in accordance with the law.
Article 9 Organizations and individuals that have made outstanding achievements in wildlife protection and scientific research shall be commended and rewarded by the people's governments at or above the county level in accordance with the relevant provisions of the State.
Chapter II Protection of Wildlife and Its Habitats
Article 10 The State shall protect wildlife by class and level.
The State shall give special protection to rare or endangered species of wildlife. The wildlife under special state protection shall fall into two categories: wildlife under first-class protection and wildlife under second-class protection. The competent wildlife protection department under the State Council shall, after organizing scientific demonstration and assessment, submit the list of wildlife under special state protection to the State Council for approval and publication.
The list of terrestrial wildlife which is of important ecological, scientific, or social value shall be drawn up and announced by the competent wildlife protection department under the State Council after soliciting opinions from the departments for agriculture and rural affairs, natural resources, science and technology, ecology and environment, and health under the State Council and organizing the scientific demonstration and assessment.
Wildlife under special local protection refers to wildlife under special protection in provinces, autonomous regions, or municipalities directly under the Central Government except for wildlife under special state protection. The list of wildlife under special local protection shall be drawn up and announced by the people's governments in provinces, autonomous regions, or municipalities directly under the Central Government after organizing the scientific demonstration and assessment and soliciting opinions from the competent wildlife protection department under the State Council.
The lists set forth in this Article shall be subject to scientific demonstration and assessment every five years, and adjusted in light of the demonstration and assessment, or may be adjusted in a timely manner in light of the actual needs of wildlife protection.
Article 11 The competent wildlife protection departments of the people's governments at or above the county level shall strengthen the application of information technologies, regularly organize or entrust the relevant scientific institutes with the tasks of conducting an investigation, monitoring and assessment of wildlife and its habitats, and open and perfect the files of wildlife and its habitats.
The investigation, monitoring and assessment of wildlife and its habitats shall include the following contents:
1. wild distribution area, population size, and structure of wildlife;
2. the size of habitat area and the ecological environment of wildlife;
3. major threats to wildlife and its habitats; and
4. other conditions in need of investigation, monitoring and assessment such as the artificial breeding condition of wildlife.
Article 12 The competent wildlife protection department under the State Council shall work with the relevant departments under the State Council to determine and publish the list of important wildlife habitats according to the results of investigation, monitoring and assessment of wildlife and its habitats.
The people's governments at or above the provincial level shall designate important wildlife habitats as national parks, nature reserves and other nature protection areas in accordance with the law to protect, restore and improve wildlife's living environment. In regions which are not qualified for designation as nature protection areas, the people's governments at or above the county level may protect wildlife and its habitats by designating areas and seasons closed to hunting (fishing).
Human disturbances or threats to wildlife living and breeding in nature protection areas, such as introducing alien species, planting unitary pure forests, and excessively using pesticides, shall be prohibited or restricted.
Nature protection areas shall be designated and managed in accordance with the relevant laws and regulations; the competent wildlife protection departments shall strengthen the protection of wildlife and its habitats in accordance with the law.
Article 13 When formulating related development and utilization plans, the people's governments at or above the county level and their related departments shall give full consideration to the protection of wildlife and its habitats, and analyze, predict, and assess the overall impact of implementing the plans on the protection of wildlife and its habitats, to avoid or reduce the possible adverse consequences.
It is forbidden to construct projects that are forbidden to be built by the relevant laws and regulations in nature protection areas. Site and route selection for projects such as the construction of airports, railways, highways, waterways, water conservancy and hydropower, wind power, photovoltaic power, weir, and reclamation of sea shall bypass nature protection areas and other important wildlife habitats and wildlife migratory channels; if it cannot bypass such areas, habitats or channels, measures shall be taken by building wildlife channels and fish-passing facilities to eliminate or minimize any adverse impacts on wildlife.
Where construction projects may affect nature protection areas and other important wildlife habitats and wildlife migratory channels, the competent departments for examining and approving the environmental impact assessment report shall solicit the opinions from the competent wildlife protection department under the State Council when examining and approving the environmental impact assessment report concerning wildlife under special state protection; where wildlife under special local protection is concerned, the competent departments for examining and approving the environmental impact assessment report shall seek the opinions from the competent wildlife protection departments of the people's governments in provinces, autonomous regions, and municipalities directly under the Central Government.
Article 14 The competent wildlife protection departments at all levels shall monitor the impact of the environment on wildlife.
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Order of the President of the People's Republic of China No.126
December 30, 2022
The Law of the People's Republic of China on the Protection of Wildlife, which was revised and adopted at the 38th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 30, 2022, is hereby issued and shall come into force as of May 1, 2023.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Protection of Wildlife
(Adopted at the Fourth Session of the Standing Committee of the Seventh National People's Congress on November 8, 1988; amended for the first time in accordance with the Decision on Amending the Law of the People's Republic of China on the Protection of Wildlife adopted at the 11th Session of the Standing Committee of the Tenth National People's Congress on August 28, 2004; amended for the second time in accordance with the Resolution on Amending Several Laws adopted at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; revised for the first time at the 21st Session of the Standing Committee of the 12th National People's Congress on July 2, 2016; amended for the third time in accordance with the Decision on Amending 15 Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018; and revised for the second time at the 38th Session of the Standing Committee of the 13th National People's Congress on December 30, 2022)
Table of Contents
Chapter I General Provisions
Chapter II Protection of Wildlife and Its Habitats
Chapter III Administration of Wildlife
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 The Law is formulated for the purpose of protecting wildlife, saving rare and endangered species of wildlife, maintaining biodiversity and ecological balance, promoting the construction of ecological civilization, and facilitating the harmonious coexistence between humans and nature.
Article 2 The Law applies to wildlife protection and other related activities within the territory and other water areas within the jurisdiction of the People's Republic of China.
For the purpose of the Law, the wildlife protected refers to rare or endangered species of terrestrial and aquatic wildlife and species of terrestrial wildlife which are of important ecological, scientific, or social value.
For the purpose of the Law, wildlife and its products refer to the entire (including spawn and egg) and parts of a species body and its derivatives.
As regards the protection of the species of aquatic wildlife other than those which are rare or endangered, the provisions of the Fisheries Law of the People's Republic of China and other related laws shall apply.
Article 3 Wildlife resources shall be owned by the State.
The State shall protect the legitimate rights and interests of organizations and individuals that are engaged in scientific research, artificial breeding, protection, and other related activities in connection with wildlife in accordance with the law.
Article 4 The State shall strengthen the protection and restoration of important ecological systems, adhere to the principle of "giving priority to wildlife protection, regulating utilization, and tightening regulation", encourage and support the conducting of scientific research and application related to wildlife, uphold the concept of ecological civilization, and promote green development.
Article 5 The State shall protect wildlife and its habitats. The people's governments at or above the county level shall formulate protection plans and take related measures to protect wildlife and its habitats, and budget for wildlife protection.
The State encourages citizens, legal persons, and other organizations to participate in wildlife protection activities through donations, grants, voluntary services, etc. and support wildlife protection public welfare causes in accordance with the law.
For the purpose of the Law, wildlife habitat refers to the important area where the wild population of wildlife lives and breeds.
Article 6 All organizations and individuals have the obligation to protect wildlife and its habitats. It is forbidden to illegally hunt, transport or trade in wildlife or destroy its habitats.
The public shall enhance the awareness of wildlife protection and public health security maintenance, prevent the spread of wildlife-derived infectious diseases, resist illegal consumption of wildlife, and develop a civilized and healthy lifestyle.
All organizations and individuals have the right to report acts which violate the Law, and the competent wildlife protection departments or other related departments under the people's governments at or above the county level shall handle such reports in a timely manner in accordance with the law.
Article 7 The competent forestry and grassland department and the competent fishery department under the State Council shall be respectively responsible for the nationwide protection of terrestrial and aquatic wildlife.
The local people's governments at or above the county level shall be responsible for the protection of wildlife within their respective jurisdictions, and their competent forestry and grassland departments and competent fishery departments shall be respectively responsible for the protection of terrestrial and aquatic wildlife within their respective jurisdictions.
The relevant departments under the people's governments at or above the county level shall be responsible for the work related to wildlife protection within their respective duties.
Article 8 The people's governments at all levels shall strengthen publicity, education, and scientific knowledge dissemination in respect of wildlife protection, and encourage and support grass-roots self-governing mass organizations, social organizations, enterprises, public institutions, and volunteers in the dissemination of wildlife protection laws and regulations, ecological protection and other relevant knowledge; organize and carry out the training on laws, regulations and professional knowledge for the relevant practitioners; and disclose the information on wildlife protection and management in accordance with the law.
Educational administrative departments and schools shall provide students with education on wildlife protection knowledge.
News media shall publicize wildlife protection laws, regulations, and the relevant knowledge, and conduct media supervision in respect of illegal acts in accordance with the law.
Article 9 Organizations and individuals that have made outstanding achievements in wildlife protection and scientific research shall be commended and rewarded by the people's governments at or above the county level in accordance with the relevant provisions of the State.
Chapter II Protection of Wildlife and Its Habitats
Article 10 The State shall protect wildlife by class and level.
The State shall give special protection to rare or endangered species of wildlife. The wildlife under special state protection shall fall into two categories: wildlife under first-class protection and wildlife under second-class protection. The competent wildlife protection department under the State Council shall, after organizing scientific demonstration and assessment, submit the list of wildlife under special state protection to the State Council for approval and publication.
The list of terrestrial wildlife which is of important ecological, scientific, or social value shall be drawn up and announced by the competent wildlife protection department under the State Council after soliciting opinions from the departments for agriculture and rural affairs, natural resources, science and technology, ecology and environment, and health under the State Council and organizing the scientific demonstration and assessment.
Wildlife under special local protection refers to wildlife under special protection in provinces, autonomous regions, or municipalities directly under the Central Government except for wildlife under special state protection. The list of wildlife under special local protection shall be drawn up and announced by the people's governments in provinces, autonomous regions, or municipalities directly under the Central Government after organizing the scientific demonstration and assessment and soliciting opinions from the competent wildlife protection department under the State Council.
The lists set forth in this Article shall be subject to scientific demonstration and assessment every five years, and adjusted in light of the demonstration and assessment, or may be adjusted in a timely manner in light of the actual needs of wildlife protection.
Article 11 The competent wildlife protection departments of the people's governments at or above the county level shall strengthen the application of information technologies, regularly organize or entrust the relevant scientific institutes with the tasks of conducting an investigation, monitoring and assessment of wildlife and its habitats, and open and perfect the files of wildlife and its habitats.
The investigation, monitoring and assessment of wildlife and its habitats shall include the following contents:
1. wild distribution area, population size, and structure of wildlife;
2. the size of habitat area and the ecological environment of wildlife;
3. major threats to wildlife and its habitats; and
4. other conditions in need of investigation, monitoring and assessment such as the artificial breeding condition of wildlife.
Article 12 The competent wildlife protection department under the State Council shall work with the relevant departments under the State Council to determine and publish the list of important wildlife habitats according to the results of investigation, monitoring and assessment of wildlife and its habitats.
The people's governments at or above the provincial level shall designate important wildlife habitats as national parks, nature reserves and other nature protection areas in accordance with the law to protect, restore and improve wildlife's living environment. In regions which are not qualified for designation as nature protection areas, the people's governments at or above the county level may protect wildlife and its habitats by designating areas and seasons closed to hunting (fishing).
Human disturbances or threats to wildlife living and breeding in nature protection areas, such as introducing alien species, planting unitary pure forests, and excessively using pesticides, shall be prohibited or restricted.
Nature protection areas shall be designated and managed in accordance with the relevant laws and regulations; the competent wildlife protection departments shall strengthen the protection of wildlife and its habitats in accordance with the law.
Article 13 When formulating related development and utilization plans, the people's governments at or above the county level and their related departments shall give full consideration to the protection of wildlife and its habitats, and analyze, predict, and assess the overall impact of implementing the plans on the protection of wildlife and its habitats, to avoid or reduce the possible adverse consequences.
It is forbidden to construct projects that are forbidden to be built by the relevant laws and regulations in nature protection areas. Site and route selection for projects such as the construction of airports, railways, highways, waterways, water conservancy and hydropower, wind power, photovoltaic power, weir, and reclamation of sea shall bypass nature protection areas and other important wildlife habitats and wildlife migratory channels; if it cannot bypass such areas, habitats or channels, measures shall be taken by building wildlife channels and fish-passing facilities to eliminate or minimize any adverse impacts on wildlife.
Where construction projects may affect nature protection areas and other important wildlife habitats and wildlife migratory channels, the competent departments for examining and approving the environmental impact assessment report shall solicit the opinions from the competent wildlife protection department under the State Council when examining and approving the environmental impact assessment report concerning wildlife under special state protection; where wildlife under special local protection is concerned, the competent departments for examining and approving the environmental impact assessment report shall seek the opinions from the competent wildlife protection departments of the people's governments in provinces, autonomous regions, and municipalities directly under the Central Government.
Article 14 The competent wildlife protection departments at all levels shall monitor the impact of the environment on wildlife.
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