| Legislative： |
1.The 45 articles are promulgated by the President on June 23,
1989 by the Order of (78) Hua-Tsung-(1)-Yi-Tze-No.3266
2.The 87 articles are amended and promulgated by the President
on October 29, 1994 by the Order of (83) Hua-Tsung-(1)-Yi-Tze-
No.6525.
3.Article 2 is amended and promulgated by the President on April
24, 2002 by the Order of Hua-Tsung-1-Yi-Tze-No.09100075690.
4.Article 21-1, 51-1 added. Article 21,22 amended and
promulgated by the President on February 4, 2004 by the Order
of Hua-Tsung-1-Yi-Tze-No.09300116551.
5.Article 40,41,57 amended and promulgated by the President on
July 1, 2006 by the Order of Hua-Tsung-1-Yi-Tze-No.0950075891.
6.Article 21,24,25,51 amended and promulgated by the President
on July 11, 2007 by the Order of Hua-Tsung-1-Yi-Tze-
No.09600088041.
7.Article 35,40 amended and promulgated by the President on July
8, 2009 by the Order of Hua-Tsung-1-Yi-Tze-No.09800166561.
8.Article 24,36 amended and promulgated by the President on
January 23, 2013 by the Order of Hua-Tsung-1-Yi-Tze-
No.09600088041.
The Executive Yuan issued Order No. Tai-Guei-1070172574, dated
April 27, 2008, to declare that the matters subject to the
jurisdiction of the Council of Agriculture, Executive Yuan, as
set forth in Article 2, Article 4 Paragraph 2, Article 5 to 9,
Article 10 Paragraph 2, 3 and 4, Article 11, Article 12
Paragraph 1,2,4,5, Article 13 to 15, Article 17 Paragraph 2,3,
Article18 Paragraph 1, Section 2, Paragraph 2,3, Article 19
Paragraph 1, section 7, Paragraph2, Article 20, Article 21
Paragraph 1, Section 6, Paragraph 2, Article 21-1 Paragraph 2,
Article 22 Paragraph 2, 3, Article 23,Article 24 Paragraph
1,3,6, Article 25 to 28, Article 31 to 35, Article 36
Paragraph 2, Article 38, Article 40, Article 41 Paragraph 1
Section 2, Article 42 Paragraph 1 Section2, Article 50
Paragraph 1 Section 3, Article 51 Paragraph 3, 7, Article51-1,
Article 52 Paragraph 3,4, Article 53, Article 55, Article 56
shall be subject to the jurisdiction of Ocean Affairs Council
as of April 28, 2008.
The Executive Yuan issued Order No. Tai-Guei-1125014346, dated
July 27, 2023, to declare that the matters subject to the
jurisdiction of the Council of Agriculture, Executive Yuan, as
set forth in Article 2, Article 4 Paragraph 2, Article 5 to 9,
Article 10 Paragraph 2 to 4, Article 11 to 15, Article 17
Paragraph2, 3, Article 18 Paragraph 1 Section 2, Paragraph
2,3, Article 19 Paragraph 1 Section 7, Paragraph 2, Article
20, Article 21 Paragraph 1, Section 6, Paragraph 2, Article
21-1 Paragraph 2, Article 22 Paragraph 2, 3, Article 23,
Article 24 Paragraph 1, Article25 to 28, Article 31 to 35,
Article 36 Paragraph 2, Article 37, Article 38, Article 40
Section 1,2, Article 41 Paragraph 1 Section 2, Article 42
Paragraph 1 Section 2, Article 50 Paragraph 1 Section 3,
Article 51 Section 3,7, Article 51-1, Article 52 Paragraph 3,4
Article 53, Article 55, Article 56 shall be subject to the
jurisdiction of Ministry of Agriculture as of August 1, 2023.
Article 29 and 30, the matters subject to the jurisdiction of
Animal and Plant Health Inspection, shall be subject to the
jurisdiction of Animal and Plant Health Inspection Agency,
Ministry of Agriculture as of August 1, 2023 |
| Content： |
CHAPTER 1: GENERAL PRINCIPLES
Article 1
This act is enacted to conserve wildlife, protect species
diversity and maintain the balance of natural ecosystems. Any
matters not covered by this Act shall be governed by other
applicable legislation.
Article 2
Competent authorities as referred to in this Act: At the central
government level: the Council of Agriculture, Executive Yuan,
hereinafter referred to as the Central Competent Authority
(CCA); at the special municipal level: the government of the
special municipality; and at the county/city level: the
government of the county/city.
Article 3
The terms used in the Act are defined as follows: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 a particular 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 size;
5.Other Conservation-Deserving Wildlife: species which do not
necessarily have a very low total population size, 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 behavior 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 devices, 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
reas for people to view.
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 wildlife which belong in the first
category. The CCA is responsible for compilation and
announcement of the Schedule of Protected Species.
Article 5
The CCA shall establish a Wildlife Conservation Advisory
Committee to assist with wildlife conservation.
Members of the advisory committee will not be paid. The
regulations of establishing the committee will be prescribed by
the CCA. Academic experts, private conservation organization
members, indigenous people, and other non-governmental
representatives should comprise not less than two-thirds of the
total committee membership.
Article 6
To strengthen wildlife conservation, the CCA shall establish a
Wildlife Research Institute. The CCA may also invite academic
institutions or private organizations to conduct wildlife
surveys, studies, conservation, utilization, education,
promotion, and other matters.
Article 7
To bring together society’s resources to help conserve
wildlife, the CCA may establish a conservation donation account
and accept private or artificial person donations. In addition,
the CCA may issue wildlife conservation stamps.
The CCA 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 2: 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
or utilization; mine exploration, sand and gravel excavation or
related works and facilities; repair or construction of
railroads, highway 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 CCA. Only then can an application for such development be
made to the relevant competent authorities.
Existing facilities, land utilization, or development activities
have a significant impact on the wildlife in the area, the CCA
may require the relevant person or target competent authority to
put forth a plan for improvements within a certain time limit.
The type and area of the Major Wildlife Habitats referred to in
the preceding Paragraph shall be prescribed and announced by the
CCA, 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 competent
authority to halt the project.
If destruction of the wildlife habitat has taken place, the
Authorities 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 prescribed and announced by
the CCA after an on-site 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 CCA 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 restrictive measures regarding the
following behaviors:
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, expropriated, or
allocated by the Authorities according to the law, and
subsequently managed by them.
For land not purchased, expropriated, or allocated 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 the
CCA.
The Authorities shall compensate the owner or user of the land
for any losses resulting from the preceding Paragraph.
Article 12
To carry out wildlife resource inventories or conservation
planning, the Authorities or commissioned organizations may
dispatch people with proper identification into public and
private areas for investigation and application of conservation
measures. The owners, users, or managers of thepublic or private
land shall not evade, refuse, or obstruct, 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.
Authorities, commission organizations, or personnel shall keep
any industrial or military secrets may have come across in the
course of the investigation.
To carry out the investigation or conservation measures detailed
inParagraph 1, the owners or users of the public or private land
shall becompensated for any losses. The amount of compensation
shall be decided by negotiation. If negotiations’ fail, the
Authority shall ask higher-level Authorities to set the amount.
The regulation mentioned in the preceding Paragraph for carrying
out investigations or conservation measures shall be prescribed
by the CCA.
Article 13
In areas which have received utilization approval under 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 CCA 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 Act or other related regulations.
Protected Wildlife products shall not be traded, exhibited,
displayed, owned, imported, exported or processed, unless under
special circumstances recognized
In this Act or other related regulations.
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 control measures of hunting areas
and species as mentioned in the preceding Paragraph and shall
submit this plan to the CCA for final approval, after which it
shall be announced publicly.
The permit mentioned in Paragraph 1 may charge the application
fee.
Application process and other related matters shall be
prescribed by the CCA.
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 of the CCA.
The first case 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 CCA.
The application process, fee, and other related matters shall be
set by the CCA.
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 guns;
6.Use of traps, snares, or other hunting devices; and
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
evade, refuse, or obstruct 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 prescribed by the CCA.
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. (Deleted)
6. Other reasons approved by the Authorities.
When Protected Wildlife causes damage to crops, poultry,
livestock, or aquaculture, and prior reporting to the
Authorities for handling has not been made in case of emergency,
Protected Wildlife may be hunted or killed using humane methods
approved by the Authorities to prevent above-mentioned damage.
Article 21-1
Wildlife may be hunted or killed for traditional cultural or
ritual hunting, killing, or utilization needs of indigenous
people, regardless of Article 17, Paragraph 1; Article 18,
Paragraph 1; and Article 19, Paragraph 1.
Hunting, killing, or utilizing wildlife in the condition listed
in the preceding Paragraph shall be approved by Authorities. The
application process, hunting method, hunted species, bag limit,
hunting season, location, and other
regulations shall be prescribed by the CCA in conjunction with
the national indigenous people’s authority.
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 requested to
assist in the conservation work.
Authorities may give awards to law enforcement official, the
common people, or organizations that actively participate or
assist authorities to crack down outlaw activities or report an
offence to the authorities. The awards- related regulation shall
be prescribed by the Authorities.
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 3: IMPORT AND EXPORT OF WILDLIFE
Article 24
Live wild animals and products made from Protected Wildlife may
not be imported or exported without prior approval from the CCA.
The import or export of live specimens of Protected Wildlife is
limited to academic research institutes, colleges or
universities, public or government licensed private zoos for
education or academic research.
Live marine mammalian wildlife or products thereof may not be
imported or exported without prior approval from the CCA.
The import or export of live marine mammalian wildlife or
products thereof is limited to those hunted by indigenous people
for their subsistence within their traditional territories from
the country of origin.
To import live marine mammalian wildlife or products thereof, a
relevant certificate, mentioned in the preceding Paragraph, must
be submitted.
The management and penal provisions of this Act shall apply to
the import, export, trade, display, or exhibit of live General
marine mammalian wildlife or products thereof that unauthorized
by the CCA. The subject live specimens or products may be
confiscated.
Article 25
Academic research institutes, colleges and universities, public
or licensed private zoos, museums, or other wildlife exhibits
shall receive the approval of the CCA for import or export of
Protected Wildlife or their products.
Article 26
The CCA may ask trade authorities to announce for cultural,
hygiene, ecological protection or policy reasons 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 CCA
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 CCA. The special municipal city or county
(city) competent authorities of the areas where the wildlife
mentioned in the preceding Paragraph is located shall
investigate and monitor these the imported wildlife regularly.
If it is found that their importation has had an impact on the
habitat of native fauna or flora, the competent 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 CCA 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 submit a
report to the CCA within one year of import or export of the
Protected Wildlife or their products.
Article 29
The import or export of wildlife or wildlife products shall be
inspected by Customs and they must match theircustoms
declaration, and shall beinspected 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 4 MANAGEMENT OF WILDLIFE
Article 31
Before the CCA 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 CCA’s Schedule of
Protected Wildlife shall fill out a data card to their special
municipal or county (city) competent authorities within a
certain time limit for future reference. Any changes in status
shall be updated registered in a similar manner.
After the CCA announcement, those who have legally imported,
received through transfer or other legal means of any of the
wildlife or wildlife products mentioned in the preceding
Paragraph, shall take their documents to special municipal or
county (city) competent authorities to register within a certain
time limit for future reference. Any changes in status shall
also be registered in a similar manner.
Those who have registered according to the preceding 2
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 bythe 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 purchased wildlife shall be treated in an appropriate and
safe manner and 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
Paragraphs 1 and 2. In addition, they may conduct regular or
random inspections.
The owner or keeper shall not evade, refuse, or obstruct such
inspections.
The CCA is responsible for announcing the wildlife or wildlife
products which shall be marked as mentioned in the preceding
Paragraph.
Article 32
Wildlife kept in captivity may not be released without the
approval of the Authorities.
A list of species mentioned in the preceding Paragraph shall be
announced by the CCA.
Article 33
The Authorities may dispatch a representative to examinate
raised or bred Protected Wildlife or dangerous wildlife. The
owner or keeper of the wildlife shall not evade, refuse, or
obstruct 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 regulations for captive care areas, facilities,
and care standards shall prescribed by the CCA.
Article 35
Protected Wildlife or their products shall not be traded or
displayed or exhibited in public areas without the approval of
the Authorities.
The types of Protected Wildlife or their products mentioned in
the preceding Paragraph shall be announced by the CCA.
Article 36
The for-profit raising, breeding, trading, processing, import,
or export of wildlife shall be approved by special municipal or
county (city) competent authorities and shall obtain a business
license according to the legislation.
The CCA shall determine regulations regarding the conditions,
application process, permit contents, and other measures
governing the for-profit raising, breeding, trading, or
processing of wildlife as mentioned in the preceding Paragraph.
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 and send the autopsy
report to special municipal or county (city) competent
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 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 5: PENAL PROVISIONS
Article 40
The following offenses shall be sentenced to imprisonment for
more than six months but less than five years, and a fine of
more than 300,000 New Taiwan Dollars and but less than 1,500,000
New Taiwan Dollars may be imposed:
1.Violation of Article 24, Paragraph 1, unapproved import or
export of live Protected Wildlife or their products.
2.Violation of Article 35, Paragraph 1, trading, display or
exhibiting with the intent to sell Protected Wildlife and its
products.
Article 41
The following offenses shall be sentenced to imprisonment for
more than six months but less more than five years, and a fine
of more than 200,000 New Taiwan Dollars but less than 1,000,000
New Taiwan Dollars may be imposed: 1.Violation of Article 18,
Paragraph 1,Subparagraph 1, hunting or killing of a Protected
Wildlife species;
2.Violation of Article 18, Paragraph 1, Subparagraph 2, hunting
or killing of a Protected Wildlife species without the approval
of the CCA;
3.Violation of Article 19, Paragraph 1, use of prohibited
methods to hunt or
kill Protected Wildlife;
If any of the offenses mentioned in the preceding Paragraph are
committed in designated Wildlife Refuges, the offender shall be
subjected to the penalty prescribed for such offense up to 1/3.
Any unsuccessful attempt to commit an offense specified in
Paragraph 1 is subjected to penalty.
Article 42
The following offenses shall be sentenced to imprisonment for
less than one year; detention; and/or a fine of more than 60,000
New Taiwan Dollars but less than 300,000 New Taiwan Dollars; if
the conducts cause the death of protected species, the offender
shall be sentenced with imprisonment for less than two years,
detention, and/or a fine of more than 100,000 New Taiwan Dollars
but less than 500,000 New Taiwan Dollars:
1.Disturbance or abuse of Protected Wildlife as prohibited by
Article 18, Paragraph 1, Subparagraph 1;
2.Violation of Article 18, Paragraph 1, Subparagraph 2, by
disturbance or abuse of the Protected Wildlife without proper
approval by the CCA.
If any of the offenses mentioned in the preceding Paragraph are
committed in a designated Wildlife Refuge, the offender shall be
subjected to the penalty prescribed for such offense up to 1/3.
Article 43
In violation of Article 8, Paragraph 2, anyone who conducts
unauthorized development or utilization projects shall be
subjected to a fine of more than 300,000 New Taiwan Dollars but
less than 1,500,000 New Taiwan Dollars.
In violation of Article 8, Paragraph 3, Article 9, and Article
13, anyone who fails to submit a rehabilitation plan within a
set time limit, or fails to carry out the rehabilitation plan
shall be subjected to a fine of more than 400,000 New Taiwan
Dollars but less than 2,000,000 New Taiwan Dollars.
If the offenses mentioned in the preceding 2 Paragraphs have
caused habitat destruction and the habitat has become
inhabitable for wildlife, the offender shall be sentenced to
imprisonment for more than six months but less than five years
and a fine of more than 300,000 New Taiwan Dollars but less than
1,500,000 New Taiwan Dollars may be imposed.
Article 44
In the case that a representative of a juridical person, or an
agent, employee, or other person engaged in the relevant
business activities of a juridical or natural person commits the
violations as stipulated in Articles 40, 41, 42, or
Article 43, Paragraph 3 in the performance of their duties, in
addition to punishing the offender(s), a criminal fine as
referred to in the respective Articles shall also be imposed
upon the juridical or natural person concerned.
Article 45
In violation of Article 7, Paragraph 2, anyone who uses the
title of wild life conservation stamps, uses its logo, or issues
wildlife conservation stamps, the offender shall be subjected to
a fine of more than 500,000 New Taiwan Dollars but less than
2,500,000 New Taiwan Dollars. The unauthorized issue, sale, or
distribution of wildlife conservation stamps shall be
prohibited.
Illegal stamps which have been issued, sold, or distributed as
mentioned in the preceding Paragraph shall be confiscated.
Article 46
In violation of Article 32, Paragraph 1, the violator shall be
subjected to a fine of more than 50,000 New Taiwan Dollars but
less than 250,000 New Taiwan Dollars. If the violation resulted
in damage to the ecosystem, the offender shall be subjected to a
fine of more than 500,000 New Taiwan Dollars but less than
2,500,000 New Taiwan Dollar.
Article 47
In violation of Article 27, Paragraph 2, the owner or keeper of
wildlife who fails to submit a prevention or rehabilitationplan
or who fails to carry out the plans, the offender shall be
subjected to a fine of more than 300,000 New Taiwan Dollars but
less than 1,500,000 New Taiwan Dollars.
In violation of Article 26, the offender shall be subjected to a
fine of more than 200,000 New Taiwan Dollars but less than
1,000,000 New Taiwan Dollars
Article 48
A person who falsely labels merchandise as containing Protected
Wildlife or its
products shall be subjected to a fine of more than 150,000 New Taiwan Dollars but less than 750,000 New Taiwan Dollars.
Article 49
Anyone who violates one of the following provisions shall be
subjected to a fine of more than 60,000 New Taiwan Dollars but
less than 300,000 New Taiwan Dollars
1. Violation of regulations detailed in Article 17, Paragraph 1
or Paragraph 2;
2. Violation of Article 19, Paragraph 1 by the use of prohibited
items or methods in hunting General Wildlife;
3. Violation of Article 19, Paragraph 2, or Article 33 by
evading, refusing, or obstructing searches, seizures, or
destruction;
4. Violation of Article 27, Paragraph 1;
5. Violation of Article 34 by failing to meet proper care area,
facility, and care standards;
6. Violation of Article 18, Paragraph 2 or Article 36 by not
applying for proper permits or approval.
In the case of the violation of Article 17, Paragraphs 1 or 2,
or Article 19, Paragraph 1, the special municipal or county
(city) competent authority may revoke the permits of concerned
parties.
Article 50
Anyone who violates one of the following provisions shall be
subjected to a fine of more than 50,000 New Taiwan Dollars but
less than 250,000 New Taiwan Dollar:
1.Violation of Article 10, Paragraph 4, Subparagraph 1 by
hunting or killing General Wildlife;
2.Violation of Article 10, Paragraph 4, Subparagraphs 2, 3, or 4
regarding Authorities’ announced restricted items;
3.Violation of Article 11, Paragraph 2 by not adhering to
Authorities’ orders to modify or eliminate certain behavior.
In violation of Article 10, Paragraph 4, Subparagraph 1, by
disturbing or abusing General Wildlife, the offender shall be
subjected to a fine of more than 20,000 New Taiwan Dollars but
less than 100,000 New Taiwan Dollars.
Article 51
Anyone who violates one of the following provsions shall be
subjected to a fine of more than 10,000 New Taiwan Dollars but
less than 50,000 New Taiwan Dollars:
1.Violation of Article 12, Paragraph 1 by evading, refusing, or
obstructing a wildlife resource investigation or the
application of conservation plan measures;
2.Violation of Article 20, Paragraph 1;
3.Violation of Article 24, Paragraph 1 by import or export of
General Wildlife without the approval of the CCA;
4.(Deleted)
5.Violation of Article 28;
6.Violation of Article 31, Paragraphs 1, 2, 3 or 6;
7.Violation of Article 35, Paragraph 1 by displaying or
exhibiting in a public area of Protected Wildlife, Endangered
or Rare, and Valuable Species products with no intent to sell
but without the permission from the Authority;
8.Violation of Article 37;
9.Violation of Article 38;
10.Any owner or keeper who refuses to sell their wildlife
carcass according to Article 39.
Article 51-1
Indigenous people, in violation of Article 21-1, Paragraph 2
without obtaining approval from the Aauthorities, 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 more than
1,000 New Taiwan Dollars but less than 10,000 New Taiwan
Dollars. However, a pardon shall be given to the first offender.
Article 52
In the case of the violation of Articles 40, 41, 42, or Article
43, Paragraph 3, the subject Protected Wildlife may be
confiscated; the subject wildlife products, hunting devices,
drugs, or other devices shall be confiscated.
Beside the punitive actions specified in the preceding
Paragraph, in the case of the violation of this Act, the subject
Protected Wildlife or their products, hunting devices, drugs or
other devices may be confiscated.
If necessary, Authorities may publicly release, repatriate,
collect, or destroy the Confiscated wildlife/items mentioned in
the preceding Paragraph. The Authorities may request the
violator to pay all the expenses incurred therefrom.
For lawfully confiscated or otherwise acted upon Protected
Wildlife or their products, Customs or other law enforcement
agencies may entrust Authorities to take necessary measure
according to the preceding paragraph.
Article 53
The administrative fines or confiscation described by this Act
shall be imposed by competent authorities at all levels.
Article 54
If the administrative fines authorized herein are not paid in a
timely manner after official notice, the matter shall be
referred to the court for compulsory enforcement.
CHAPTER 6: SUPPLEMENTARY PROVISIONS
Article 55
Captive-raised or bred wildlife governed by this act shall be
prescribed and announced by the CCA.
Article 56
The Enforcement Rules of this Act shall be prescribed by the
CCA.
Article 57
This Act takes effect on the date of its promulgation.
The provisions of this Act as amended on May 5, 2006, takes
effect on July 1, 2006. |