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Chapter Law Content

Title: Act on Wildlife Conservation CH
Category: Ministry of Agriculture(農業部)
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 in Paragraph 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.