INTRODUCTION
Article 1. This law has been enacted to conserve
wildlife, protect species diversity and maintain the balance of natural ecosystems.
Whatever is not regulated by this law may be regulated by other compatible
legislation.
Article 2. Responsible government authorities for
the purpose of this law:
Central government level: the Council of
Agriculture, henceforth referred to as the National Principal Authority (NPA).
Provincial/municipal level: the provincial and
municipal governments.
County/city level: the county and city governments.
Article 3. Definition of terms:
(1) Wildlife: in common
circumstances, any animal living in a natural habitat, including mammals,
birds, reptiles, amphibians, fish, insects and other kinds of animals;
(2) Population size: the
number of the same species of wildlife living in a particular space at
aparticular time;
(3) Endangered Species: those
wildlife species whose population size is at or below a critical level so that
their survival is in jeopardy;
(4) Rare and Valuable
Species: endemic species or those species with a very low total population;
(5) Other Conservation-Deserving Wildlife: species which do not
necessarily have a very low total population, but their survival remains in
jeopardy;
(6) Wildlife products: animal
carcasses, bones, horns, teeth, skin, hair, eggs or internal organs in whole,
partial or processed form;
(7) Habitat: the natural living environment
necessary for the survival of plants and animals;
(8) Conservation: any
protection, restoration or management of wildlife based on the principles of
species diversity and natural ecological balance;
(9) Utilization: the use of wildlife
for cultural, educational, academic or economic benefit in such a way or form
scientifically determined not to be detrimental to the natural ecological
balance;
(10) Disturbance: any behaviour
involving the use of drugs, tools or any other means so as to interfere with
wildlife;
(11) Abuse: the use of
violence, unsuitable drugs or other methods to harm wildlife so they cannot
maintain their normal physiological condition;
(12) Hunting: the use of
drugs, hunting equipment or other tools or methods to catch or kill wildlife;
(13) Processing: the use of
wildlife carcasses, bones, horns, teeth, skins, hair, eggs or organs in their
whole or partial form as or to make other products;
(14) Display: placement of
wildlife or wildlife products in public areas for people.
Article 4. Wildlife shall be classified in two
categories:
(1) Protected Species:
Endangered Species, Rare and Valuable Species and Other Conservation-Deserving
Wildlife;
(2) General Wildlife: all
other wildlife not included in the previous category.
The Wildlife Conservation Advisory Committee is
responsible for the determination of animals which belong in the first
category. The NPA is responsible for compilation and announcement of the
Schedule of Protected Species.
Article 5. The NPA shall establish a Wildlife
Conservation Advisory Committee to assist with wildlife conservation.
Members of the advisory committee will not be paid. The
means of establishing the committee will be determined by the NPA. Academic
experts, private conservation organization members, aborigines and other
non-governmental representatives should comprise not less than two-thirds of
the total committee membership.
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.
The NPA shall determine the establishment of the
donation account, the usage of the name and logo of the conservation stamps and
their management and issue regulation.
CHAPTER II: CONSERVATION OF
WILDLIFE
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.
Any farming, forestry, fishery or animal husbandry
development utilization; mine exploration, earth or rock removal or related
works; repair or construction of railroads, public roads or other roads;
construction; establishment of parks or cemeteries; utilization of land for
recreation, sporting or forest recreation areas, waste disposal or other
utilization of major wildlife habitats may begin only after application to the
proper local authorities and after approval by the NPA Only then can an
application for such development be made to the relevant target business
authorities.
Existing facilities, land utilization or development
activities have a significant impact on the wildlife in the area, the NPA may
require the relevant person or target business authority to put forth a plan
for improvements within a certain time limit.
The type and area of the major wildlife habitats
referred to above shall be determined and announced by the NPA, as shall any
changes in designation.
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
Establishment of a Wildlife Refuge, its modification or
elimination shall be authorized and announced by the NPA after an onsite public
hearing on the plan is held and the opinions of local residents have been heard
and approval from the Wildlife Conservation Advisory Committee.
In emergency or necessary situations, the NPA may, with
the approval of the Wildlife Conservation Advisory Committee, designate or
modify Wildlife Refuges
In the conservation plan for the Wildlife Refuge, the
Authorities may announce regulations regarding the following:
(1) disturbance, abuse,
hunting or killing of General Wildlife, etc.
(2) collection or cutting of
plants, etc.
(3) pollution or destruction
of the environment, etc.
(4) other prohibited or approved actions, etc.
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.
For land not purchased or expropriated by the
Authorities, the owner, user or occupant shall provide a suitable habitat for
wildlife according to stipulations announced by the Authorities. Before the
Authorities announce the stipulations, if the land in question is used or
profited from in a way that is found to harm wildlife conservation, they may
order the modification or elimination of such behavior. Important national
construction works are exempt from the stipulations if they are based on the
principle of not affecting the survival of wildlife and have received the
approval of the Wildlife Conservation Advisory Committee and NPA.
The Authorities shall compensate the owner or user of
the land for any losses resulting from the above paragraph.
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.
If the investigation runs into any obstructions, or
before the application of conservation measures, the Authorities shall first
inform the public or private owner, user or manager of the land. - If there is
no way of passing on the information, the Authorities may use a public
announcement.
After the investigation, conservation authorities or
personnel shall keep secret any industrial or military secrets they may have
come across in the course of the investigation.
To carry out the investigation or conservation measures
detailed in Paragraph 1, the owners or users of the public or private land
shall be compensated for any losses. The amount of compensation shall be decided
by negotiation and if negotiations fail, higher-level Authorities shall set the
amount.
The above-mentioned method for carrying out
investigations or conservation measures shall be determined by the SPA.
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.
If the damage occurs in areas where utilization approval
was not granted, in addition to measures in the above paragraph, the
Authorities may use emergency methods, which are to be paid for by the party
responsible for the damage.
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.
The NPA shall determine which animals are not endemic to
Taiwan.
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.
Protected Wildlife products shall not be traded,
exhibited, displayed, owned, imported, exported or processed, unless under
special circumstances recognized in this or related legislation.
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.
The local authorities shall design a system for the
designation, modification, elimination and regulation of above-mentioned
hunting areas and species and shall submit this plan to the NPA for final
approval, after which it shall be announced publicly.
The application fee, process and other related matters
for the permit mentioned in Paragraph 1 shall be set by the NPA.
Article 18. Protected Wildlife should be conserved and
shall not be disturbed, abused, hunted, killed or otherwise utilized, except in
the following cases:
(1) when population size exceeds the carrying
capacity of the area; or
(2) for academic research or educational purposes
and with proper approval from the NPA.
The first condition for utilization listed above shall
be approved by the local authorities and the species, location and range, as
well as utilization number, season and method shall be announced by the NPA.
The application process, fee and other related matters
for the second condition shall be set by the NPA.
Article 19. Hunting shall not be undertaken by the
following methods:
(1) use of dynamite or
explosives;
(2) use of poisons;
(3) use of electricity,
narcotics or other paralysis methods;
(4) use of nets set up on
land;
(5) use of firearms other
than an authorized hunting rifle;
(6) use of traps, snares or
other hunting equipment;
(7) use of other prohibited
items or methods announced by the Authorities.
The Authorities may tear down or destroy any unapproved
nets, snares, traps or other hunting devices. The owners, users or managers of
the land on which such devices are located shall not avoid, refuse or hinder
such actions.
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.
The fees shall be set by the NPA.
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:
(1) danger to public safety
or human life;
(2) damage to crops, poultry,
livestock or aquaculture;
(3) being a disease vector of
zoonoses or other pathogens;
(4) danger to the safety of
air transportation;
(5) for traditional cultural
or ritual hunting, killing or utilization needs of
Taiwan aborigines living in
reserved areas;
(6) other reasons approved by
the Authorities.
Article 22. A Conservation Police force shall be
established to help conserve wildlife.
Authorities or commissioned organizations or groups may
use wildlife conservation or investigation personnel to conduct investigations,
crackdowns or other conservation work in Wildlife Refuges. If necessary, local
police may be called in to cooperate with the conservation work.
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
Article 24. No import or export of live wildlife or
Protected Wildlife products is allowed without prior approval from the NPA.
The import or export of live specimens of Protected
Wildlife is limited to academic research institutes, colleges or universities,
public or licensed private zoos for education or academic research and circus
performances.
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.
Protected Wildlife which is imported for use in a circus
performance shall be exported within six months after the end of the
performance. Applications for extension of the deadline shall be filed with the
NPA no later than 20 days before the expiration of the six month period.
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 trade laws.
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.
The municipal city or county (city) authorities of the
areas where the abovementioned wildlife is
located shall investigate and monitor these imported
wildlife regularly. If it is found that their importation has had an impact on
the habitat of native fauna or flora, the authorities shall order the owners or
users to put forth a plan for prevention or rehabilitation within a certain
time limit and shall monitor this process. In addition, the situation shall be
referred to the NPA for handling.
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
Article 31. Before 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.
After the NPA announcement, those who have legally
imported, received through transfer or other legal means any of the above
wildlife or wildlife products, shall take their documents to municipal or
county (city) authorities to register within a certain time limit. Any changes
in status shall also be registered in a similar manner.
Those who have registered according to the above two
paragraphs may be allowed to continue to raise or hold their wildlife or
wildlife products, but no breeding shall be allowed except for academic
research or educational purposes and with the approval of the Authorities.
Those who are engaged in raising or breeding any of the
wildlife listed in Paragraph 1 before promulgation of these amendments shall be
assisted by the Authorities to cease raising or breeding the animals and change
occupations within three years of the date of promulgation If necessary, the
animals may be purchased by the Authorities.
The purchase of wildlife shall be done in an appropriate
and safe manner and any wildlife may be sent to domestic or foreign educational
or academic institutes and zoos, or taken in and cared for by an organization
considered appropriate by the Authorities and commissioned by them.
If necessary, the Authorities, or a commissioned
organization or group, may mark the wildlife or wildlife products listed in
Paragraph 1 and Paragraph 2. In addition, they may conduct regular or random
investigations. The owner or keeper shall not avoid, refuse or hinder such
investigations.
The NPA is responsible for announcing the wildlife or
wildlife products which shall be marked.
Article 32. Wildlife raisers who do not have the
permission of the Authorities shall not set their animals free.
The NPA shall announce a list of species which are
regulated by the above paragraph.
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 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.
The NPA shall release a list of the types of Protected
Wildlife, Endangered Species or Rare and Valuable Species products regulated by
the above paragraph.
Article 36. The forprofit 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.
The NPA shall set regulations for the raising, breeding and
management of wildlife.
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.
