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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/06/02 08:20
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Chapter Law Content

Title: Act on Wildlife Conservation CH
Category: Ministry of Agriculture(農業部)
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 conductsunauthorized 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 Article13, anyone who fails to submit a rehabilitation plan within aset time limit, or fails to carry out the rehabilitation plans hall 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 havecaused 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 anagent, 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 asreferred to in the respective Articles shall also be imposedupon the juridical or natural person concerned.
Article 45
In violation of Article 7, Paragraph 2, anyone who uses thetitle of wild life conservation stamps, uses its logo, or issues wildlife conservation stamps, the offender shall be subjected toa fine of more than 500,000 New Taiwan Dollars but less than 2,500,000 New Taiwan Dollars. The unauthorized issue, sale, ordistribution of wildlife conservation stamps shall beprohibited.
Illegal stamps which have been issued, sold, or distributed asmentioned in the preceding Paragraph shall be confiscated.
Article 46
In violation of Article 32, Paragraph 1, the violator shall besubjected to a fine of more than 50,000 New Taiwan Dollars butless than 250,000 New Taiwan Dollars. If the violation resulted in damage to the eco system, the offender shall be subjected to a fine of more than 500,000 New Taiwan Dollars but less than2,500,000 New Taiwan Dollar.
Article 47
In violation of Article 27, Paragraph 2, the owner or keeper ofwildlife who fails to submit a prevention or rehabilitation planor 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 than1,000,000 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.
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