CHAPTER I: GENERAL PRINCIPLES |
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Article 1 |
This act has been enacted to conserve wildlife, protect species diversity and maintain the balance of natural ecosystems. Whatever is not regulated by this act may be regulated by other compatible legislation. |
Article 2 |
Responsible government authorities for the purpose of this act:
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Article 3 |
Definition of terms:
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Article 4 |
Wildlife shall be classified in two categories:
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Article 5 |
The NPA shall establish a Wildlife Conservation Advisory Committee to assist with wildlife conservation.
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Article 6 |
To strengthen wildlife conservation, the NPA should establish a Wildlife Research Institute. The NPA may also invite academic institutions or private organizations to conduct wildlife surveys, studies, conservation, utilization, education or promotion, etc. |
Article 7 |
To bring together society's resources to help conserve wildlife, the NPA may establish a conservation donation account and accept private or artificial person donations. In addition, the NPA may issue wildlife conservation stamps.
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CHAPTER II: CONSERVATION OF WILDLIFE |
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Article 8 |
Any construction and land use in Major Wildlife Habitats should be carried out in ways and areas which least affects the habitat, and the original ecological functions of the habitat should not be harmed. If necessary, the Authorities shall ask the owners, users or occupants of a land use project to conduct an Environmental Impact Assessment.
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Article 9 |
If land use proceeds before the Environmental Impact Assessment referred to in Article 8, Paragraph 1, the Authorities shall inform and consult immediately with other appropriate responsible government agencies to halt the project. If destruction of the wildlife habitat has taken place, the Authorities and other appropriate government agencies shall request the responsible parties to put forward a rehabilitation plan within a certain time limit and should monitor this process. If the responsible parties do not put forward a rehabilitation plan, or in case of emergency, the Authorities may require that any resultant costs of necessary rehabilitation procedures be borne by the responsible parties. |
Article 10 |
Local authorities may establish Wildlife Refuges for Major Wildlife Habitats with special conservation needs, as well as formulate and carry out conservation plans in those areas. If necessary, they may commission other agencies or organizations to carry out the plans.
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Article 11 |
Upon announcement of the establishment of a Wildlife Refuge, land inside its boundaries may be purchased or expropriated by the Authorities according to the law, and subsequently managed by them.
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Article 12 |
To carry out wildlife resource inventories or conservation planning, the Authorities or commissioned organizations may send people with proper identification into public and private areas for investigation and application of conservation measures. The owners, users or managers of the public or private land shall not avoid, refuse of hinder, except when involving possible military secrets, then the investigation shall be carried out with the accompaniment of military authorities.
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Article 13 |
In areas which have received utilization approval per Article 8, Paragraph 2, but still experience damage to wildlife habitats, the Authorities shall order the developer to put forth a plan for rehabilitation within a certain time limit and monitor this process.
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Article 14 |
Lost or wild animals which are not endemic to Taiwan may be dealt with by the Authorities if found to be damaging Taiwan's plant or animal habitats.
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Article 15 |
Protected Wildlife which has no owner or is vagrant, or Protected Wildlife products which are ownerless shall be dealt with by the Authorities. The Authorities may commission a related agency or organization to take in, temporarily care for, administer first-aid to, protect or destroy the animals or products. |
Article 16 |
Protected Wildlife shall not be disturbed, abused, hunted, killed, traded, exhibited, displayed, owned, imported, exported, raised or bred, unless under special circumstances recognized in this or related legislation.
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Article 17 |
With the exception of academic research or educational purposes, hunting of General Wildlife, including mammals, birds, reptiles and amphibians, shall be conducted in areas designated by the local authorities and only after obtaining the proper permit issued by local authorities or contracted organizations or groups.
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Article 18 |
Protected Wildlife should be conserved and shall not be disturbed, abused, hunted, killed or otherwise utilized, except in the following cases:
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Article 19 |
Hunting shall not be undertaken by the following methods:
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Article 20 |
Those parties who wish to hunt General Wildlife or fish within the areas defined in Article 17 shall register with the commissioned management organization or group when entering the area and shall always carry their permit. Upon exiting, the hunters shall report the species and number hunted and pay a corresponding fee.
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Article 21 |
Wildlife may be hunted or killed under one of the following circumstances, regardless of Article 17, Paragraph 1; Article 18, Paragraph 1; and Article 19, Paragraph 1; however, any such action taken against Protected Wildlife shall be first reported to the Authorities for handling, except in the case of emergency:
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Article 21- 1 |
Wildlife may be hunted or killed for traditional cultural or ritual hunting, killing or utilization needs of Taiwan aborigines, regardless of Article 17, Paragraph 1; Article 18, Paragraph 1; and Article 19, Paragraph 1.
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Article 22 |
A Conservation Police Force shall be established to help conserve wildlife.
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Article 23 |
The Authorities may assist or encourage any non-government organization or individual to join or attend international wildlife conservation meetings or other related activities. |
CHAPTER III: IMPORT AND EXPORT OF WILDLIFE |
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Article 24 |
No import or export of live wildlife or Protected Wildlife products is allowed without prior approval from the NPA.
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Article 25 |
Academic research institutes, colleges and universities, public or licensed private zoos, circus troupes, museums or other wildlife exhibits shall receive the approval of the NPA for import or export of Protected Wildlife or their products.
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Article 26 |
The NPA may for cultural, hygiene, ecological protection or policy reasons ask trade authorities to announce a list of wildlife or wildlife products which are forbidden from import or export under the Foreign Trade Act. |
Article 27 |
In the case of exotic wildlife which is not endemic to Taiwan imported for the first time, the applicant shall provide the NPA with all relevant information concerning that species and an Impact Assessment Report to address that animal's effect upon native fauna and flora. Such wildlife may be imported only after the approval of the NPA.
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Article 28 |
Any academic research institute which cooperates with a foreign research institute and uses Protected Wildlife or their products for research, exchange, donation or display shall issue a report to the NPA within one year of import or export of the wildlife or product. |
Article 29 |
The import or export of wildlife or wildlife products shall be inspected by customs and the products must match their customs declaration and shall be inspected and quarantined according to inspection and quarantine regulations by inspection or quarantine authorities or their commissioned organizations. |
Article 30 |
Wildlife epidemic disease prevention and follow-up examinations shall be conducted by plant and animal epidemic disease authorities and according to relevant legislation. |
CHAPTER IV: MANAGEMENT OF WILDLIFE |
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Article 31 |
Before the NPA announcement, all persons engaged in raising or breeding Protected Wildlife or exotic wildlife dangerous to the environment, people or animals, or those possessing Protected Wildlife products as determined by the NPA's Schedule of Protected Wildlife shall fill out a data card and keep records with their municipal or county (city) authorities and within a certain time limit update these records after any change in status.
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Article 32 |
Wildlife raisers who do not have the permission of the Authorities shall not set their animals free.
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Article 33 |
The Authorities may send a representative to investigate raised or bred Protected Wildlife or dangerous wildlife. The owner or keeper of the wildlife shall not avoid, refuse or hinder the investigation. |
Article 34 |
Raising or breeding of Protected Wildlife or dangerous wildlife shall be cared for with appropriate husbandry, with attention given to safety and sanitation and the proper area and facilities. The NPA shall determine regulations for the captive care area, facility and care standards. |
Article 35 |
Protected Wildlife, Endangered Species or Rare and Valuable Species products shall not be traded or displayed or exhibited in public areas without the permission of the Authorities.
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Article 36 |
The for-profit raising, breeding, trading, processing, import or export of wildlife shall be approved by municipal or county (city) authorities and shall receive a business license according to the law.
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Article 37 |
Endangered Species and Rare and Valuable Species shall be well managed during raising or breeding and shall not escape. If an escape occurs, the owner or keeper shall either themselves or with the assistance of local authorities recover the animal. |
Article 38 |
Whenever an Endangered or Rare and Valuable Species dies of illness or for an unknown reason, the owner or keeper shall have a veterinarian prepare an autopsy report determining the cause of death and within 30 days after death send the autopsy report to municipal or county (city) authorities for reference. If the reason for death was not a contagious disease, then any academic research institute, public or licensed private zoo, museum, wildlife owner or keeper that wishes to use the carcass to make a specimen, after approval by the Authorities, may get a veterinarian to sign a death certificate in place of an autopsy report. |
Article 39 |
If the carcass of a Protected Wildlife species is valuable for academic research or exhibition, then academic or scientific research institutions, public or licensed private zoos or museums may purchase it in priority from the owner or keeper. |
CHAPTER V: PENAL PROVISIONS |
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Article 40 |
The following offenses shall be punished with imprisonment for not less than six months and not more than five years, and/or a fine of not less than NT$300,000 and not more than NT$1,500,000:
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Article 41 |
The following offenses shall be punished with imprisonment for not less than six months and not more than five years, and/or a fine of not less than NT$200,000 and not more than NT$1,000,000:
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Article 42 |
The following offenses shall be punished with imprisonment for not more than one year; detention; and/or a fine of not less than NT$60,000 and not more than NT$300,000; if the conducts cause the death of protected species, the offender shall be punished with imprisonment for not more than two years, detention, and/or a fine of not less than NT$100,000 and not more than NT$500,000:
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Article 43 |
In violation of Article 8, Paragraph 2, anyone who conducts unauthorized development projects shall be subjected to a fine of not less than NT$300,000 and not more than NT$1,500,000.
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Article 44 |
In discharging his duty, if the representative of an artificial person, artificial person, the agent of natural person, employee or other staff violation any one of Articles 40, 41, 42, or Article 43, Paragraph 3, both the violators and their artificial person or natural person shall be subjected to the fine set out in relevant Articles. |
Article 45 |
In violation of Article 7, Paragraph 2, anyone who uses the title of wildlife conservation stamps, uses its logo, or issues wildlife conservation stamps, the offender shall be subjected to a fine of not less than NT$500,000 and not more than NT$2,500,000. The unauthorized issue, sale or distribution of wildlife conservation stamps shall be prohibited. Illegal stamps which have been issued, sold or distributed shall be confiscated. |
Article 46 |
In violation of Article 32, Paragraph 1, the violator shall be subjected to a fine of not less than NT$50,000 and not more than NT$250,000. If the violation resulted in damage to the ecosystem, violators shall be subjected to a fine of not less than NT$500,000 and not more than NT$2,500,000. |
Article 47 |
In violation of Article 27, Paragraph 2, the owner or keeper of wildlife who fails to submit a prevention or rehabilitation plan or who fails to carry out the plans, the offender shall be subjected to a fine of not less than NT$300,000 and not more than NT$1,500,00.
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Article 48 |
A person who falsely labels merchandise as containing Protected Wildlife or its products shall be subjected to a fine of not less than NT$150,000 and not more than NT$750,000. |
Article 49 |
Anyone who violates one of the following Articles shall be subjected to a fine of not less than NT$60,000 and not more than NT$300,000:
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Article 50 |
Anyone who violates one of the following Articles shall be subjected to a fine of not less than NT$50,000 and not more than NT$250,000:
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Article 51 |
Anyone who violates one of the following Articles shall be subjected to a fine of not less than NT$10,000 and not more than NT$50,000:
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Article 51- 1 |
Taiwan aborigines, in violation of Article 21-1, Paragraph 2 without obtaining approval from the authorities, hunting, killing or utilizing of General Wildlife for traditional cultural or ritual hunting, killing or utilization needs, or not for trading purposes shall be subjected to a fine of not less than NT$1,000 and not more than NT$10,000. However, a pardon shall be given to the first offender. |
Article 52 |
In the case of the violation of one of Article 40, Article 41, Article 42 or Article 43, Paragraph 3, the subject Protected Wildlife may be confiscated; the subject wildlife products, hunting equipment, drugs or other devices shall be confiscated.
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Article 53 |
The administrative fines or confiscation described by this act shall be handled by authorities at all levels. |
Article 54 |
If the administrative fines authorized herein are not paid in a timely manner after official notice, the Authorities shall initiate court proceedings. |
CHAPTER VI: SUPPLEMENTARY PROVISIONS |
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Article 55 |
Captive-raised or bred wildlife governed by this act shall be determined and announced by the NPA. |
Article 56 |
Enforcement rules shall be set by the NPA. |
Article 57 |
This act takes effect upon promulgation.
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Full Statute Name: Taiwan Wildlife Conservation Act
Summary:
An act which aims to conserve wildlife, protect species diversity and maintain the balance of natural ecosystems