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英譯法規內容

法規名稱(Title) Enforcement Rules of the Wildlife Conservation Act Ch
公發布日(Date) 2018.07.13
法規沿革(Legislative) 1. Full text of 32 articles promulgated on March 31, 1990 by the Council of
Agriculture, Executive Yuan Order (79) Nong-Lin-Zi No. 9112488A
2. Full text of 39 articles amended and promulgated on April 29, 1995 by the
Council of Agriculture, Executive Yuan Order (84) Nong-Lin-Zi No. 4030301A
3. Amendment to Article 4 promulgated on October 6, 1999 by the Council of
Agriculture, Executive Yuan Order (88) Nong-Lin-Zi No. 88146515
4. Amendment to Articles 6, 9, 12, 13, 15, 18, 21, 26, 27, 33, and 37,
addition of Article 23-1, and deletion of Articles 2, 22, and 38 promulgated
on August 8, 2005 by the Council of Agriculture, Executive Yuan Order Nong-
Shou-Lin-Wu-Zi No. 0940136560
5. Amendment to Articles 26, 27, and 29, and addition of Articles 33-1 and 33-2
promulgated on October 28, 2013 by the Council of Agriculture, Executive
Yuan Order Nong-Lin-Wu-Zi No. 1021701075
6. Amendment to Articles 25 promulgated on December 11, 2017 by the Council of
Agriculture, Executive Yuan Order Nong-Lin-Wu-Zi No. 1061702638
7. Amendment to Articles 33, and addition of Articles 33-3 promulgated on July
13, 2018 by the Council of Agriculture, Executive Yuan Order Nong-Lin-Wu-Zi
No. 1071701210
法規內文(Content) CHAPTER I: GENERAL PRINCIPLES


Article 1    
The following enforcement rules have been put forward to implement
the Wildlife Conservation Act (WCA) and are authorized by Article
56 of the WCA.


Article 2  (Abolished)


Article 3    
In accordance with Article 7 of the WCA regarding the establishment
of a conservation donation account, the donations shall be spent on
the following:
1.Survey, research and management of wildlife resources;
2.Acquisition, protection and improvement of wildlife habitats;
3.In accordance with Article 12, Paragraph 4 of the WCA in compensation
  for any loss;
4.In accordance with Article 14, Paragraph 1 and Article 15 of the WCA
  regarding necessary handling for lost or vagrant wildlife and its
  products;
5.Assistance or encouragement of any non-government organization or
  individual to join or promote wildlife conservation related
  activities;
6.In accordance with Article 31, Paragraph 4 of the WCA for wildlife
  purchase;
7.Wildlife conservation education and promotion;
8.Education and training of wildlife conservation personnel and
  promulgation staff;
9.International cooperation in wildlife conservation;
10.Other relevant wildlife conservation duties.


Article 4    
The municipal or county (city) Authorities shall allocate sufficient
funds to successfully carry out wildlife conservation work within
their jurisdiction.


CHAPTER II: CONSERVATION OF WILDLIFE


Article 5    
Major Wildlife Habitats per Article 8 of the WCA are defined
according to one of the following:
1.Wildlife habitats of Protected Species;
2.Wildlife habitats of high species diversity and quantity;
3.Wildlife habitats with little human interference and difficult
  to recover once damaged;
4.Other wildlife habitats with special ecological characteristics.
Major Wildlife Habitats are classified as following:
1.Marine ecosystems;
2.Estuary ecosystems;
3.Swamp and marsh ecosystems;
4.Lake ecosystems;
5.River ecosystems;
6.Forest ecosystems;
7.Farmland ecosystems;
8.Island ecosystems;
9.Combinations of the above-mentioned ecosystems;
10.Other ecosystems.


Article 6    
In accordance with Article 8, Paragraph 2 of the WCA, application
for land utilization or development activities in Major Wildlife
Habitats shall be made to the municipal or county (city) Authorities
with provision of the following documents:
1.Name and address of developer, if the developer is an artificial
  person or organization, their name or business or office and
  representative or manager's name, address and citizen's identification
  card number shall be included;
2.Name and location of the development activities;
3.Purpose and content of the development activities;
4.Possible impact on the current environment by the development
  activities;
5.Prediction of potential impact of the development activities on the
  ecological environment;
6.A remedy strategy or replacement plan for the ecological environment;
7.Other information required by the NPA or municipal or county (city)
  Authorities.
The above-mentioned application shall be evaluated by the municipal or
county (city) Authorities and submitted to the next higher authority
and so on up to the NPA for final approval before an application to
the relevant target business authorities.


Article 7    
In reference to above Article 6, the land utilization or development
activities which require an Environmental Impact Assessment according
to Article 8, Paragraph 1 of the WCA, the criteria and implementation
shall be carried out in accordance with the Environmental Impact
Assessment Act.


Article 8    
In reference to Article 8, Paragraph 3 of the WCA, existing facilities,
land utilization or development activities are those in progress or
already complete prior to the announcement of the type and boundaries
of Major Wildlife Habitats by the NPA.


Article 9    
In reference to Article 8, Paragraph 3 of the WCA, if the existing
facilities, land utilization or development activities may cause any
significant impact on wildlife in the area, the municipal or county (city)
Authorities shall immediately begin an initial investigation. In the case
of emergency situations, proper measures shall be taken and a report shall
be made to the NPA.
The municipal or county (city) Authorities may commission their affliated
agencies, other agencies or organizations to complete the investigation
with provision of the following documents and reported to the NPA:
1.Owner, user, or occupant and target business authority of the existing
  facilities, land utilization or development activities;
2.The impacted area's location boundary, surface area and position map;
3.Present situation regarding the existing facilities, land utilization
  or development activities, etc.;
4.Basic information on wildlife within the area, present situation of
  affected wildlife and reasons for impact;
5.Provision of feasible method for improvement;
6.Other information required by the NPA.


Article 10    
In accordance with Article 8, Paragraph 4 of the WCA, after the NPA announcement of
the establishment of a Major Wildlife Habitat, all municipal and county (city)
Authorities shall inform the owners of the land, land users or occupants of announcement,
as well as explain the land utilization method, restrictions and application process for
development utilization of the land.
When the NPA plans to establish a Major Wildlife Habitat, the municipal and county (city)
Authorities may provide to the NPA information on potential Major Wildlife Habitats'
habitat type, location maps, information on landowners, users or occupants, as well as
current land use information. The above information may also be provided to the NPA for
any change.


Article 11    
In accordance with the improvement method called for in Article 8, Paragraph 3 of the
WCA and the rehabilitation plan called for in Article 9 and Article 13, Paragraph 1
of the WCA, the following information shall be included:
1.Species of wildlife, amount and its reproduction environment and habitat condition;
2.Reason for serious impact or damage;
3.Types of feasible improvement methods or rehabilitation plans;
4.Planned time frame for completion;
5.Any other relevant items.


Article 12    
The municipal or county (city) Authorities, in accordance with Article 10, Paragraph 1
of the WCA, Wildlife Refuges may be divided into Central Zones, Buffer Zones and
Sustainable Utilization Zones. Conservation plans for Wildlife Refuges shall be drafted
accordingly.
Before establishing a Wildlife Refuge, the municipal or county (city) Authorities shall
consult the appropriate government agencies and also provide a Wildlife Refuge
conservation plan description and charts to the NPA for approval.
The plan shall include the following information:
1.Origin of the plan, location boundary, purpose and geographical planning map;
2.Plan area situation and special characteristics;
3.Division plan, protection and utilization restrictions, etc.;
4.Manpower and budget required for implementing the plan;
5.If there was a public meeting, minutes of the meeting shall be included;
6.Other required information.


Article 13    
For establishment, modification or elimination of a Wildlife Refuge, the municipal or
county (city) Authorities where the Wildlife Refuge is located shall make a public
announcement and after announcement, details shall be sent to the related county
(township, city, district) governments and put on display. The announcement shall be
displayed for at least thirty days. Local Authorities shall retain carefully of
descriptions and photographs for future reference.
The above public announcement shall include location, boundary map of the area,
division plan, protection and utilization restrictions, etc..


Article 14    
For public land classified as a Wildlife Refuge, the Authorities may selectively
commission the land management organizations to implement conservation plans in
the Wildlife Refuges.


Article 15    
In accordance with Article 10, Paragraph 1 of the WCA, when the municipal or
county (city) Authorities commission other organizations to implement conservation
plans, investigations, crackdowns and other conservation work on Wildlife Refuges
or Major Wildlife Habitats, a written contract shall be signed.


Article 16    
In accordance with Article 11, Paragraph 3 of the WCA, the Authorities shall
compensate the owner or user of the land for losses. The Authorities shall invite
related organizations and groups to negotiate the amount of compensation to be paid.
If no consensus is reached, higher Authorities shall be consulted to determine the amount.


Article 17    
The Protected Species Products defined by the Wildlife Conservation
Act do not include antiques as defined by the Cultural Heritage
Preservation Act.


Article 18    
In accordance with Article 17, Paragraph 1 of the WCA designation of
hunting sites, or Article 20, Paragraph 1 of the WCA, designation of
fishing sites shall be made after discussion between the municipal
or county (city) Authorities and related Authorities and a designation
plan shall be sent to the next higher authority and so on until
reaching the NPA for approval and announcement. The designation plan
shall include the following information:
1.Location, boundary, area and geographical planning map;
2.Information on the current status of wildlife and habitat conditions
  within the proposed area;
3.A list of wildlife species which can be hunted or fished, amount,
  time and method;
4.Hunting or fishing permit fees and hunting or fishing costs;
5.Restricted items;
6.Other relevant information required by the NPA.
Modification or elimination of the hunting or fishing areas shall be
discussed between the municipal or county (city) Authorities and
the relevant Authorities and related information and reasons for the
change shall be submitted to the next higher authority and so on until
reaching the NPA for approval and announcement.
The contents of the two public announcements mentioned above include:
1.Location, boundary, area and geographical planning map;
2.A list of wildlife species that can be hunted or fished, amount,
  time and method;
3.Required fee;
4.Restricted items.


Article 19    
In accordance with Article 17 and Article 20 of the WCA, permit
applicants shall fill out an application form and include
identification materials and two 2.0 inch photos of the applicant
and submit them to the municipal or county (city) Authorities where
the hunting or fishing area is located. Those who receive approval
shall attend a conservation seminar and will be issued a permit
after paying the proper fee.
The permit shall include the following information:
1.Name, sex, date of birth, nationality, permanent address and
  contact address, and identification card or passport number;
2.Equipment to be used. If this is a firearm, permit and registration
  number of the firearm shall also be included;
3.The approved area and period of time. An applicant shall re-apply
  for a new permit once the permit expires;
4.Reasons for permit cancellation;
5.The approved species and amount to be hunted or fished;
6.Notes on any restrictions for purposes of conservation.
If a permit is lost or becomes unusable, the holder may re-apply or
renew the permit. A fee shall also be paid. Those applying for a
renewal shall return the original permit.


Article 20    
A person who hunts General Wildlife for academic research or
education purposes shall bring certification documents issued
by his or her agency or organization.


Article 21    
In accordance with Article 18, Paragraph 1, subparagraph 2 of the
WCA application for utilization of Protected Species, namely for
academic research or educational purposes, shall include the
following information and be made to the relevant agencies or the
municipal or county (city) Authorities and then directly to the
NPA for approval. The duplicates of the NPA approval document
shall be provided to the municipal or county (city) Authorities.
1.The Protected Species name (Chinese and Scientific), amount,
  method, location, time and purposes;
2.Personnel name and photocopies of identification document
  (front and back);
3.A promise to only engage in academic research or educational
  use;
4.Other required materials.
After approval, the personnel shall carry their approval documents,
identification and related materials for inspection.
Within one year following completion of the project, which involved
utilization of Protected Species, personnel shall prepare written
materials on the project, including the utilization results and
continued management of the Protected Species and submit the
report to all levels of Authorities for reference.


Article 22    (Abolished)


Article 23    
In accordance with Article 22, Paragraph 2 of the WCA, regarding
the duties of conservation personnel or inspectors, the duties
are as follows:
1.Patrolling, surveying, monitoring and recording data on wildlife
  species, population size and habitat change;
2.Maintaining the integrity of wildlife habitats;
3.Checking hunting or fishing permits or other identification and
  equipment brought in upon entrance;
4.Checking and crackdowns on violation of prohibited behavior
  announced by the conservation plan in Wildlife Refuges;
5.Checking and halting violators engaged in disturbance, abuse,
  killing, trading of wildlife or illegal hunting;
6.Wildlife conservation and public education;
7.Checking and crackdowns on violation of damaging wildlife or
  its environments;
8.Other relevant duties commissioned by the Authorities.


Article 23- 1 
In these enforcement rules, the location, boundary and geographical
planning map shall have a scale as follows:
1.Scale no less than 1/5,000 in an area less than 1,000ha;
2.Scale no less than 1/25,000 in an area more than 1,000ha.


Article 24    
In order to enforce the WCA, the responsible government Authorities
may invite the police and/or other appropriate government agency
personnel to form an enforcement cooperative to conduct crackdowns
and conservation promotion work.


CHAPTER III: IMPORT AND EXPORT OF WILDLIFE


Article 25    
Government licensed private zoos referred to in Article 24,
Paragraph 2 of the WCA are those which were established based on
Article 4, Subparagraph 1, Item 6 of the Lifelong Learning Act.


Article 26    
In accordance with Article 24, Paragraph 1, Paragraph 3, or
Article 27, Paragraph 1 of the WCA, application for approval to
import live wildlife, Protected Species products or General marine
mammalian wildlife products, the applicant shall submit an
application, either by original hard copy or electronic means, with
the following materials to the appropriate municipal or county (city)
Authorities where the applicant's residence is located for preliminary
review. The above application will be reported subsequently to the NPA
for approval before any import procedures begin:
1.The contents of the application include species, product name,
  quantity, utilization and sources of the imported wildlife or
  products;
2.If the import is for profit, either individual or commissioned
  importers shall include a copy of the certificate of company or
  business registration for importing wildlife or its products;
3.When applying for import of live Protected Species or its
  products; for export or re-export countries which are CITES members,
  a copy of a special Export Permit issued by the CITES Management
  Authorities of original country or the re-exporting country for
  Protected Species or its products shall be included; for non-CITES
  members, a copy of a certification of place of production or approval
  documents issued by the Authorities of country of origin or the re-export
  country shall be included;
4.When applying for import of live marine mammalian wildlife or products
  thereof, a relevant certificate stating that the species in question
  is hunted by indigenous people for their subsistence within their
  traditional territories from the country of origin issued by the
  Authorities of export country shall be included;
5.If it is the first import of non-indigenous wildlife, the applicant
  shall also provide six identifiable color photos of the animal and
  an impact assessment report on native flora and fauna per Article 30
  of the WCA. If it is not the first import, six identifiable color
  photos shall still be submitted along with the proofing information;
6.Animal housing facility, medical care, education or scientific
  research plans for the imported Protected Species;
7.Other information required by the NPA.
When necessary, per above subparagraph 3, to meet the CITES regulations,
the NPA may issue an approval document for the applicant to apply for
an Export Permit.


Article 27    
In accordance with Article 24, Paragraph 1 or Paragraph 3 of the
WCA, application for approval to export live wildlife, Protected
Species products or General marine mammalian wildlife products,
the applicant shall submit an application, either by original
hard copy or electronic means, with the following materials to
the municipal or county (city) Authorities where the applicant's
residence is located for preliminary review. The above application
will be reported subsequently to the NPA for approval before any
export procedures begin:
1.The contents of the application include species, product name,
  quantity, utilization and destination;
2.If the export is for profit, either individual or commissioned
  exporters shall include a copy of the certificate of company
  or business registration for exporting wildlife or its products;
3.A copy of the municipal or county (city) Authorities' registration
  card for Protected Species;
4.When applying for export of Protected Species or its products
  which are also CITES Appendix I species; for import countries
  which are CITES members, a copy of a special Import Permit issued
  by the CITES Management Authority of the original country for
  Protected Species or its products shall be included; for non-CITES
  members, a copy of import approval documents issued by the Authority
  of the country of origin shall be included;
5.Application for the re-export of Protected Species or their products
  shall include Customs Authorities import approvals. Other appropriate
  documents may replace above import approvals in case of repatriation
  for scientific research or educational purposes;
6.If it is wildlife export, six identifiable color photos shall be
  submitted;
7.Other information required by the NPA.


Article 28    
Based on the preceding two Articles, the number of live wildlife
or Protected Species products approved by the NPA for import or
export all shall be included in one shipment, except for those
with a special approval from the NPA.
The above-mentioned import shall take place before the expiration
on the permit based on the date at the shipping origin. The shipping
date is the date printed on the export manifest. If there is a
question about the validity of the shipping date, it shall be
inspected and verified by Customs Authorities.


Article 29    
Travelers who carry or mail Protected Species products, General
mammalian wildlife products or live wildlife specimens into or
out of the nation shall follow the above three Articles.


Article 30    
According to Article 27, Paragraph 1 of the WCA, an Impact
Assessment Report on native flora and fauna shall be provided for
the first-time import of exotic species. The report shall include
the following:
1.Ecology and life history of the species, including its diet,
  natural habitat, reproductive rate, natural predators and local
  climate of its country of origin and whether there are any
  similar species in Taiwan;
2.Possible impact of import of the species upon native flora,
  fauna and ecosystems and preventative measures.


Article 31    
In accordance with Article 29 of the WCA, the authority responsible
for the administration of quarantine or inspection shall report
the species, amount and in-country destination of imported wildlife
to the NPA as well as the appropriate municipal or county (city)
Authorities in whose jurisdiction the imported animals are to be
located.


CHAPTER IV: MANAGEMENT OF WILDLIFE


Article 32    
In accordance with Article 31, Paragraph 2 of the WCA, all owners
or holders of live Protected Species or their products announced
as such by the NPA shall register these animals or products with
the municipal or county (city) Authorities where the animals or
products are kept within one month of coming into possession of
the species. If there is any change of residence of owner or
holder, the location where the Protected Species or their
products are kept or raised, or quantity change, the above
registration requirement shall also be valid.


Article 33    
In accordance with Article 35, Paragraph 1 of the WCA, an
application shall be submitted by applicants to the appropriate
municipal or county (city) Authorities and then reported every
three months by the local authorities concerning the approved
quantity for trade to the NPA for references.
In accordance with Article 35, Paragraph 1 of the WCA, submission
of an application for display or exhibition in a public area of
Protected Species or their products shall be made at least one
month before exhibition or display to the appropriate municipal
or county (city) Authorities and exhibition can only begin after
approval from the Authorities.
Under any of the following circumstances, the municipal or
county (city) Authorities may cancel the original approved
documents to trade, display, or exhibition in public area:
1.Due to termination of business; stop of trading, or
  display/exhibition in public area caused by suspension of business;
2.The contents of Protected Species or their products traded,
  displayed, or exhibited in public area are different from the
  contents of the original approved document;


Article 33- 1 
In accordance with Article 24, Paragraph 6 of the WCA, application
for approval to trade, display or exhibit live specimens of General
marine mammalian wildlife, the applicant shall submit a written
application with the following materials to the appropriate municipal
or county (city) Authorities where the applicant's residence is
located for preliminary review. The above application will be
reported subsequently to the NPA for approval before the performance:
1.A copy of registration certificate of juridical person, civil
  association, company or business; if it is for profit, the category
  of business conducted shall include wildlife trade;
2.A copy of certificate of origin of the animals;
3.A plan of display or exhibit. Application for trade is exempt from
  this reguirement;
4.A copy of the documents pertaining ownership of the land or building,
  or the written consent for the land/building use;
5.An identifiable color photo of the animal;
6.Other information required by the NPA.
The plan per above subparagraph 3 shall include the following:
1.The species, quantity and sources of animals;
2.The title, location and duration of the display or exhibit;
3.The design or layout of the display or exhibit location;
4.The name, education and work experience of keepers and the name of
  the veterinarian in charge during the display or exhibit.


Article 33- 2 
In accordance with Article 24, Paragraph 6 of the WCA, application
for approval to trade, display or exhibit General marine mammalian
wildlife products, the applicant shall submit a written application
with the following materials to the NPA for approval before the
performance:
1.A copy of registration certificate of juridical person, civil
  association, company or business; if it is for profit, the category
  of business conducted shall match the purpose of application;
2.Certificates of sources:
(1) If the applicant is the importer, a copy of the NPA approval
    of import and import certificate shall be provided;
(2) If the applicant is not the importer, a copy of the NPA trade
    approval issued to the seller, import certificate, and uniform
    invoice or receipt shall be provided.
3.If the products are packaged and ready to be sold directly to
  consumers, a color photo or sample of the packaging shall be
  provided;
4.Other information required by the NPA.
The written application in above Paragraph shall include the species
(Chinese name and scientific name), product name, quantity, use and
type.
Once the trade, display, or exhibit of products in question is
approved in accordance with Paragraph 1, the applicant shall report
the quantity of trade to the NPA for reference every six months.
If products approved in accordance with Paragraph 1 are labeled with
the NPA approval No. on the packaging, the subsequent applications
for approval of trade is not required.


Article 33- 3
Beginning on January 1, 2020, previous trade approval of ivory
or their products, issued by municipal or county (city) Authorities
according to Article 35, Paragraph 1 of the WCA, will not be allowed
to buy or sell. Original trade approval documents will be invalid
simultaneously.


Article 34    
In accordance with Article 38 of the WCA, when a veterinarian is
required to prepare an autopsy report or death certificate for
Endangered or Rare and Valuable Species, the kind of animals are
limited to mammals, birds, reptiles, amphibians or fish.
The above-mentioned death certificate shall include the following:
1.Scientific and Chinese name of the species;
2.Date of death;
3.External appearance of symptoms;
4.Cause of death.
The autopsy report shall include the above-mentioned items and
the autopsy record.


Article 35    
Whenever the government Authorities accept a donation of live
Protected Species or their products, either from an organization
or from an individual, the government Authorities may donate it
to a public or government authorized private zoo, scientific
research institution or museum or other social or educational
institutions for research, teaching, preservation, display or
educational purposes.


Article 36    
In violation of Article 40, Article 41, Article 42, or Article 43,
Paragraph 3 of the WCA, live specimens of indigenous Protected
Species which are taken into custody or confiscated, the species
shall be determined and photographed for evidence, and the court
where the case was handled or the Public Prosecutors shall, based
on the request of the Authorities, have the animal transferred to
the proper Authorities for release or handling.


Article 37    
In accordance with Article 52 of the WCA, confiscation or other
handling of Protection Species or their products, with the
exception of other legal directives, shall be handled in one of
the following methods:
1.The Customs Authority or other investigation agencies shall inform
  authorized quarantine or inspection agencies with documents
  concerning unidentified sources or epidemically suspicious subjects
  occurring on the quarantine inspection list for immediate quarantine
  or inspection. Once the item is subjected to be destroyed, the
  inspection and quarantine agencies shall handle the item with Customs
  or investigation agencies and other Authorities;
2.Special or non-epidemic items/cases are kept by Authorities or
  agencies and groups appointed by the Authorities or are reported to
  the NPA for repatriation to original areas;
3.If the identified indigenous Protected Species cannot be kept, the
  Authorities shall take photographs as evidence and the Authorities
  shall either set the animal free or otherwise handle the situation.
Regarding the above-mentioned keeping or storage of Protected Species
or their products in above subparagraph 2, except when providing the
specimen for identification agencies, the specimen may be sent to a
research or academic institution or education organization, public
or government-authorized private zoo, museum or other organization
for storage, research, display or educational use.


CHAPTER V: SUPPLEMENTARY PROVISIONS


Article 38    (Abolished)


Article 39    
These Enforcement Rules take effect upon promulgation